HomeMy WebLinkAbout2018-06-19 Agenda with BackupCit of Denton City Hall
Y 215 E. McKinney St.
Denton, Texas 76201
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���'����"�-�'� Meeting Agenda
City Council
Tuesday, June 19, 2018 2:00 PM Work Session Room & Council Chambers
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a
Work Session on Tuesday, June 19, 2018 at 2:00 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:
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 clari�ication of agenda items listed on the agenda for June 19, 2018.
3. Work Session Renorts
A. II) 18�F�4F� Receive a report, hold a discussion and give staff direction regarding capital improvements
to downtown Mews Streets (Pecan, Austin, Walnut, and Cedar).
Attachments: Exhibit 1- Aqenda Infarmatian Sheet
Exhibit 2 - Mews Presentatian
B. II) 18�8F�2 Receive a report, hold a discussion, and give staff direction regarding the City's guidelines
for public improvement districts.
Attachments: Exhibit 1- Aqenda Infarmatian Sheet
Exhibit 2- Draft Revised Guidelines
Exhibit 3- Current PID Guidelines
Exhibit 4 - Presentatian
C. II) 18�897 Receive a report; hold a discussion, and receive departmental presentations in preparation
for the FY 2018-19 Proposed Budget, Capital Improvement Program, and Five Year
Financial Forecast.
Attachments: Exhibit 1- Aqenda Infarmatian Sheet.pdf
Exhibit 2 PawerPaint Presentatian - Ecanamic Develapment.pdf
Exhibit 3 PawerPaint Presentatian - Chamber.pdf
Exhibit 4 Chamber �udqet detail.pdf
Exhibit 5 PawerPaint Presentatian - Palice and Animal Services.pdf
Exhibit 6 PawerPaint Presentatian - Municipal Judqe.pdf
Exhibit 7 PawerPaint Presentatian - Municipal Caurt.pdf
D. II) 18�1021 Receive a report, hold a discussion, and give staff direction regarding the preliminary FY
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City Council Meeting Agenda June 19, 2018
2018-19 Budget, including potential changes to the homestead exemption.
Attachments: Exhibit 1- Aqenda Infarmatian Sheet
Exhibit 2 - Presentatian
NOTE: The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting
agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by
law.
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:
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
3. PRESENTATION FROM MEMBERS OF THE PUBLIC
A. Review of procedures for addressing the City Council.
B. Receive Scheduled Citizen Reports from Members of the Publia This section of the agenda permits
any person who has registered in advance to make a citizen report regarding a public business item he or
she wishes to be considered by the City CounciL This is limited to no more than four (4) speakers per
meeting with each speaker allowed a maximum of four (4) minutes to present their report. At the
conclusion of each report, the City Council may pose questions to the speaker or may engage in
discussion. If the City Council believes that a speaker's report requires a more detailed review, the City
Council will give the City Manager or City Staff direction to place the item on a future work session or
regular meeting agenda and advise staff as to the background materials to be desired at such meeting.
A. II) 18�1013 Vicki Oppenheim regarding the Denton Community Market.
B. II) 18�1017 Katy Portillo regarding the Denton Community Market.
C. II) 18�1018 Loni Puckett regarding the Denton Community Market.
D. II) 18�1020 Danielle Longueville regarding the Denton Community Market.
C. Additional Citizen Reports - This section of the agenda permits any person not registered for a citizen
report to make comments regarding public business on items not listed on the agenda. This is limited to
two speakers per meeting with each speaker allowed a maximum of four (4) minutes. Such person(s) shall
have filed a"Blue Card" requesting to speak during this period prior to the calling of this agenda item.
NOTE: If audio/visual aids during presentations to Council are needed, they must be submitted to the City
Secretary 24 hours prior to the meeting.
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
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City Council Meeting Agenda June 19, 2018
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— H). 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— H below will be approved with one motion. If items are pulled for separate discussion,
they may be considered as the first items following approval of the Consent Agenda.
A. II) 18�849
Attachments:
B. II) 18�856
Attachments:
C. II) 18�927
Attachments
D. II) 18�938
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-ruled
municipal corporation, approving the sale of an approximate 1.9126 acre of land,
Abstract No. 775, City of Denton, Denton County, Texas, to the successful bidder,
Zimmerer Real Properties, LLP, a Texas Limited Partnership, for the total consideration
of $154,379.79; authorizing the City Manager in accordance with Texas Local
Government Code 253.001 to execute a contract with Zimmerer Real Properties, LLP,
together with any other documents necessary to sell and convey said real property; and
providing an effective date (IFB 6735 - Sale of Real Property located at 2910 East
University Drive in the amount of $154,379.79).
Exhibit 1- Aqenda Infarmatian Sheet
Exhibit 2 - �id Tabulatian
Exhibit 3 - Cantract
Exhibit 4 - ardinance
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule
municipal corporation, authorizing the approval of a second amendment to a Professional
Services Agreement between the City of Denton and D&S Engineering Labs, LLC, for
the construction of Cell 3B, C, D and associated site improvements for the City of Denton
Landfill; providing for the expenditure of funds therefor; and providing an effective date
(File 6508- second amendment expenditure amount not-to-exceed $29,648.95 for a total
contract amount not-to-exceed $129,548.95). The Public Utilities Board recommends
approval (6-0).
Exhibit 1- Aqenda Infarmatian Sheet
Exhibit 2 - Amendment 2
Exhibit 3 - ardinance
Consider approval of the minutes of May l, May 7, May 8, May 15, and May 22, 2018.
Exhibit 1- Mav 1. 2018 Minutes
Exhibit 2- May 7, 2018 Minutes
Exhibit 3- May 8, 2018 Minutes
Exhibit 4- May 15, 2018 Minutes
Exhibit 5- May 22, 2018 Minutes
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule
municipal corporation, accepting competitive bids and awarding a contract for the supply
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City Council
Attachments
E. II) 18�943
Attachments:
F. II) 18�962
C!�
Attachments:
Meeting Agenda June 19, 2018
of Underground Utility Locating Services; providing for the expenditure of funds therefor;
and providing an effective date (IFB 6736- awarded to USIC Locating Services, LLC,
for one (1) year, with the option for two (2) additional one (1) year extensions, in a total
not-to-exceed amount of $1,200,000 for all years). The Public Utilities Board
recommends approval (6-0).
Exhibit 1- Aqenda Infarmatian Sheet
Exhibit 2 - �id Tabulatian
Exhibit 3- Cantract
Exhibit 4 - ardinance
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a Professional Services
Agreement with Burgess & Niple, Inc., for Design Services of the Morse Street Loop
288 to Mayhill Road street improvement as set forth in the contract; providing for the
expenditure of funds therefor; and providing an effective date (RFQ 6590-009-
Professional Services Agreement for design services awarded to Burgess & Niple, Inc., in
the not-to-exceed amount of $255,000). The Public Utilities Board recommends
approval (6-0).
Exhibit 1- Aqenda Infarmatian Sheet
Exhibit 2 - Map
Exhibit 3 - Cantract
Exhibit 4 - ardinance
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule
municipal corporation, accepting competitive proposals and awarding a public works
contract for the removal of existing asphalt shingles and installation of standing seam metal
roof panels on various park structures including restrooms, concessions, and pavilions;
providing for the expenditure of funds therefor; and providing an effective date (RFP
6766-awarded to Concord Commercial Services, Inc., in the not-to-exceed amount of
$310,346.40).
Exhibit 1- Aqenda Infarmatian Sheet
Exhibit 2 - Pricinq Evaluatian
Exhibit 3 - Cantract
Exhibit 4 - ardinance
II) 18�971 Consider adoption of an ordinance releasing, abandoning, and vacating (i) a 0.333 acre
portion of public utility easement granted to the City of Denton by Bel Air Development,
LTD., a Texas limited partnership, recorded as Instrument No. 2003-083075, Real
Properiy Records, Denton County, Texas, and (ii) releasing, abandoning, and vacating a
1.459 acre portion of a public drainage easement granted to the City of Denton by Bel
Air Development, LTD., a Texas Limited Partnership, recorded as Instrument No.
2003-083076, Real Property Records, Denton County, Texas; providing for severability
and an effective date.
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City Council Meeting Agenda June 19, 2018
Attachments:
H. II) 18�1003
Attachments:
Exhibit 1 - AIS
Exhibit 2- Lacatian Map
Exhibit 3 - Site Map
Exhibit 4 -Praiect �Iarrative
Exhibit 5- ardinance and Aqreement
Consider approval of a resolution re-appointing a member to the Board of Directors of
the Texas Municipal Power Agency, a Joint Powers Agency, representing the City of
Denton, Texas; and declaring an effective date.
Exhibit 1- Aqenda Infarmatian Sheet.dacx
Exhibit 2 - Resalutian.pdf
Exhibit 3 - ardinance 75-022.pdf
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. II) 18�940
Attachments:
B. II) 18�958
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a Professional Services
Agreement with Nelson + Morgan Architects, Inc., for Architectural Design Services for
renovation of Service Center and 651 Mayhill as set forth in the contract; providing for
the expenditure of funds therefor; and providing an effective date (RFQ 6748-
Professional Services Agreement for Architectural Design Services awarded to Nelson +
Morgan Architects, Inc., in the not-to-exceed amount of $918,402.53). The Public
Utilities Board recommends approval (6-0).
Exhibit 1- Aqenda Infarmatian Sheet
Exhibit 2 - Evaluatian
Exhibit 3 - Cantract
Exhibit 4a - Praiect �udqet Sheet- 651 Mayhill
Exhibit 4b - Praiect �udqet Sheet- Service Center
Exhibit 5 - Staff Presentatian
Exhibit 6 - ardinance
Consider nominations for appointment to the City's Board of Ethics.
Attachments: Exhibit 1- Acaenda Information Sheet.pdf
Exhibit 2- Applicatians far the �aard af Ethics.pdf
Exhibit 3- Prapased �aard af Ethics Timeline.pdf
C. II) 18�970
Attachments:
D. II) 18�870
Exhibit 4- Ethics ardinance 18-757.pdf
Exhibit 5- Presentatian.pdf
Consider a nomination to the Public Art Committee from the Greater Denton Arts
Council.
Exhibit 1- Aqenda Infarmatian Sheet
Resolution of Appreciation for Dalton Gregory.
Page 5 Printed on 6/18/2018
City Council Meeting Agenda June 19, 2018
6. PUBLIC HEARINGS
A. Z18�OOOF�c Hold a public hearing and consider adoption of an ordinance to rezone approximately
1.33 acres from a Downtown Residential 1(DR-1) to a Downtown Commercial General
(DC-G) District. The properiy is generally located south of Underwood Street along
Avenue A, in the City of Denton, Denton County, Texas; adopting an amendment to the
City's official zoning map; providing for a penalty in the maximum amount of $2,000.00
for violations thereof; providing a severability clause and an effective date. (Z18-0006,
Fire Station 3, Hayley Zagurski).
Attachments: Exhibit 1- Aqenda Infarmatian Sheet
Exhibit 2 - Staff Analysis
Exhibit 3- Site Lacatian Map
Exhibit 4- Existinq Zaninq Map
Exhibit 5- Future Land Use Map
Exhibit 6- Prapased Zaninq Map
Exhibit 7- Camparisan af Permitted Uses
Exhibit 8- Canceptual Site Plan
Exhibit 9-�Iatificatian Materials and Respanses updated
Exhibit 10 - Planninq and Zaninq Cammissian Meetinq Minutes
Exhibit 11 - Presentatian
Exhibit 12 - Draft ardinance
7. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council
or the public with specific factual information or recitation 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.
CERTIFICATE
I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the day of , 2018 at o'clock (a.m.) (p.m.)
CITY SECRETARY
Page 6 Printed on 6/18/2018
City Council Meeting Agenda June 19, 2018
NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM AND COUNCIL
CHAMBERS ARE ACCESSIBLE 1N ACCORDANCE WITH THE AMERICANS WITH
DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE 1NTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS 1N 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 1NTERPRETER CAN BE SCHEDULED THROUGH THE CITY
SECRETARY'S OFFICE.
page � Printed on 6/18/2018
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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Legislation Text
File #: ID 18-646, Version: 1
AGENDA CAPTION
Receive a report, hold a discussion and give staff direction regarding capital improvements to downtown Mews
Streets (Pecan, Austin, Walnut, and Cedar).
City of Denton Page 1 of 1 Printed on 6/15/2018
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www. c ityo fdenton. com
DEPARTMENT:
CM/ DCM/ ACM:
DATE:
AGENDA INFORMATION SHEET
Economic Development
Bryan Langley
June 19, 2018
SUBJECT
Receive a report, hold a discussion and give staff direction regarding capital improvements to downtown
Mews Streets (Pecan, Austin, Walnut, and Cedar).
EXECUTIVE SUMMARY
The "Mews Streets" were first identified in the Downtown Master Plan in 2007. They are the back streets
located off the Courthouse-On-The Square area (Pecan, Austin, Walnut, and Cedar). Improvements to
these streets have been discussed for many years. The Square itself has had improvements made, but the
Mews Streets are the first streets people see when they drive into the area. Staff has been actively
meeting about improving the mews streets since December 2017. Preliminary drawings and budgets have
been prepared, but staff recommends hiring an experienced engineering/design firm to evaluate and scope
the project in order to have the most accurate information available to City Council in making a final
decision.
BACKGROUND
The Mews Streets (Pecan, Austin, Cedar, and Walnut) were included in the 2005 Bond Election as
Downtown Improvements for a total of $2,800,000 (Streets and Sidewallcs)
Walnut — Cedar to Austin
Downtown Walnut
Downtown Austin
$950,000
$900,000
$950.000
Total $2,800,000
The Cedar Street Pilot Project was completed in 2008, with an $800,000 federal grant and funds from
various utility budgets. However, no plans were made for Dumpster revetments, pedestrian trash cans,
benches, or bike racks.
The Downtown Master Plan was adopted by Council in 2003, and East Hickory was identified as the
"Grand Street" for downtown. In 2007, a Downtown Implementation Plan was approved as a"blueprint"
for executing the Downtown Master Plan. Improving the wallcability of the Mews Streets is in both plans.
The original estimated cost for the E. Hickory Project was $1.7 million. As construction plans came
together, it was discovered that more funding was needed. At the August 27, 2010 meeting, the Citizens
Advisory Oversight Committee (CAOC) made a recommendation to the City Council to reallocate a total
of $1.8 million from Walnut Street and Pecan Street to the Hickory Street Grand Project. The City
Council approved the reallocation at their October 5, 2010 meeting. At their August 15, 2012, meeting the
CAOC received a report from staff regarding the increased costs associated with the Hickory Street Grand
Project. The Committee recommended City Council approve the reallocation of $1 million originally
intended for Austin Street to the Hickory Street Grand Project. The balance of approximately $400,000 in
funds needed for Hickory Street was provided through other sources. The East Hickory Street Project
began in December 2013 and was completed in March 2015.
Following a Councilmember request for a work session on the Mews Streets, Economic Development
staff began working with several City departments to determine possible project components and costs as
a starting point for Council's discussions. Potential improvements to the Mews Streets include pedestrian
scale lighting, trashcans, ADA ramps, Dumpster revetments, additional trees, tree grates, bike racks and
benches. Significant improvements such as sidewallcs, bike lanes, or landscaping will require reduction of
lanes for vehicle traffic, so changing the streets to one-way is a possibility. Pedestrian and street
improvements increase economic activity in an area, which has been demonstrated by projects on the
Square and East Hickory Street.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
2001 — CIP approved by voters for Mews Streets
2003 — Downtown Master Plan (DMP) is adopted
2007 — Downtown Implementation Plan (DTIP) is adopted
December 2008 — Cedar Street Pilot Project is completed
August 27, 2010 — The Citizens Advisory Oversight Committee (CAOC) made a recommendation to the
City Council to reallocate a total of $1,777,970 from Walnut Street and Pecan Street to the Hickory Street
Grand Project.
October 5, 2010 — City Council approved the reallocation
August 15, 2012 — The CAOC received a report regarding the increased costs associated with the Hickory
Street Grand Project. The Committee recommended City Council approve the reallocation of $950,625
originally intended for Austin Street to the Hickory Street Grand Project. The balance of approximately
$400,000 in funds needed for Hickory Street was provided through other sources.
December 2013 — East Hickory Grand Street Project began
March 2015 — East Hickory Grand Street Project is completed
OPTIONS
l. Status Quo
2. Trash and recycling improvements only
3. Initiate a study for a comprehensive analysis of the area
RECOMMENDATIONS
Staff recommends Option 3.
Given the significance of such a move, from a traffic impact standpoint, Engineering Services staff
recommends engaging one of the City's pre-qualified consulting firms for further evaluation. Such an
evaluation would include development of preliminary or conceptual alternatives, community engagement
to solicit citizen input, traffic circulation impacts (vehicle, pedestrian, and bike), conceptual design and
execution strategies, recommendation of preferred alternatives, and preliminary project cost estimates
(approximate cost $80,000).
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
Exhibit 1— Agenda Information Sheet
Exhibit 2 — Presentation
Respectfully submitted:
Caroline Booth
Director of Economic Development
Prepared by:
Julie Glover
Economic Development Program Administrator
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Denton, Texas 76201
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Legislation Text
File #: ID 18-862, Version: 1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding the City's guidelines for public
improvement districts.
City of Denton Page 1 of 1 Printed on 6/15/2018
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DEPARTMENT:
CM/ DCM/ ACM:
DATE:
SUBJECT
AGENDA INFORMATION SHEET
Economic Development
Bryan Langley
June 19, 2018
Receive a report, hold a discussion, and give staff direction regarding revisions to the City's Public
Improvement District Guidelines.
EXECUTIVE SUMMARY
Public improvement districts (PIDs) are an economic development tool used to fund public improvements
that benefit a defined area. PIDs can be established on a pay-as-you-go or a debt basis, and many cities
around the state use PIDs to encourage development. Denton has had PID guidelines in place since 2007
and has one PID in place — Rayzor Ranch PID Number l, which was created in 2014. No assessments
have been levied and no bonds have been issued under this PID.
Following direction given in the Jan. 16 work session with Council, staff revised the existing PID
guidelines to exclude PIDs for residential development, include general best practices related to PIDs, and
include options to mitigate risk, maximize benefits, and ensure performance. Economic Development
Partnership Board members expressed concern during the Feb. 14 meeting about the exclusion of all
residential PIDs, and the Board tabled its recommendation until a future meeting to await the outcome of
Council's next PID work session. During the April 10 work session, Council directed staff to:
• add residential PIDs back to the guidelines
• add information about determining public benefit
• enhance language about development standards
• emphasize developers providing notice of the PID to residential purchasers
During the EDP Board's April 11 work session, staff briefed the Board on the April 10 work session with
Council, but due to the one-day turnaround time, did not have revised guidelines to present.
Revised guidelines incorporating Council's April 10 direction were drafted (Exhibit 2) and presented to
the EDP Board on May 9. The EDP Board recommends approval of the revised guidelines (10-0).
BACKGROUND
In 2007, the City Council first approved Public Improvement District Guidelines for Mixed Use or
Residential PIDs. In 2014, the guidelines were amended (Exhibit 3).
On Jan. 10, 2018, the EDP Board received a work session presentation regarding proposed revisions.
Their suggestions and comments from that work session were presented to the City Council in a work
session on Jan. 16, along with information on other communities' PID policies.
The following chart summarizes staff's proposed content changes and the EDP Board's comments from
its January 10 meeting:
Staff Pro osed Chan e EDP Board Comments
• Develop a PID application
• Establish an interdepartmental task force to
review PID applications (Economic
Development, Development Services, Legal,
and Finance)
• Require a Service and Assessment Plan and
Finance Plan prior to establishment of a PID
• Require a developer-funded, City-
administered Fiscal Impact Analysis prior to
the establishment of a PID
• Require a minimum home value threshold • Development of lower-end housing creates a
• Options: greater than the median City burden on the City and DISD
of Denton home value or median • Need to better define what we're looking for
Denton County home value based on . Use a market-value or current average new
the most recent ACS Census home value basis for threshold
During the January 16 Council meeting, staff asked for policy guidance on the following:
Does the Council want to use PIDs as a:
1. Tool for commercial development?
2. Tool for residential development?
3. Tool for redevelopment?
4. Tool for new developments?
After discussion of proposed changes, EDP Board comments, and policy guidance on the four options for
PID use, Council's direction was to revise the policy to exclude all residential PIDs but to leave the option
open for commercial PIDs if they showed a demonstrable public benefit. Direction also included requiring
a Service and Assessment Plan and Finance Plan prior to establishment of a PID and requiring a
developer-funded, City-administered Fiscal Impact Analysis prior to the establishment of a PID.
Staff brought Council's comments and a draft of revised PID guidelines back to the EDP Board on Feb.
14 for review and a recommendation to Council regarding approval. EDP Board members expressed
concern about the exclusion of all residential PIDs and the Board tabled the recommendation until a future
meeting to await the outcome of Council's next PID work session.
In the Feb. 16 Friday memo, Councilmembers received an Informal Staff Report regarding the use of
PIDs and other special districts in the neighboring residential developments of Harvest and Canyon Falls.
PRIOR ACTION
May 9, 2018 — EDP Board recommends approval of PID Guideline revisions (10-0)
April 11, 2018 — Work Session presented to the Economic Development Partnership Board
April 10, 2018 — Work Session presented to City Council
February 16, 2018 — Informal Staff Report issued regarding the use of PIDs and other special districts in
neighboring residential developments
February 14, 2018 — Work Session presented to the Economic Development Partnership Board
.Ianuary 16, 2018 — Work Session presented to City Council
.Ianuary 10, 2018 — Work Session presented to the Economic Development Partnership Board
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 31 Develop targeted policies and incentives to achieve desired
economic growth
EXHIBITS
Exhibit 1— Agenda Information Sheet
Exhibit 2— Draft Revised Guidelines for Public Improvement Districts
Exhibit 3— Current PID Guidelines
Exhibit 4 — Presentation
Respectfully submitted:
Caroline Booth
Director of Economic Development
RESOLUTION NO.
A RESOLUTION REPEALING AND REPLACING RESOLUTION 2014-011 AMENDING
GUIDELINES FOR PUBLIC IMPROVEMENT DISTRICTS; AND PROVIDING AN
EFFECTNE DATE.
WHEREAS, the City Council adopted Resolution 2014-011 on or about April l, 2014, to
amend existing guidelines for the establishment of public improvement districts, which were
originally put into place on July 24, 2007; and
WHEREAS, Chapter 372 of the Tex. Loc. Gov't Code allows the City of Denton to levy
and collect special assessments on property that is located within the city or within the city's
extraterritorial jurisdiction; and
WHEREAS, the funds from these special assessments can be used to make certain
improvements as authorized by the Tex. Loc. Gov't Code to the infrastructure to facilitate
economic growth within an area; and
WHEREAS, the City Council finds it to be in the best interest of the citizens of Denton to
provide a more flexible policy to allow a case-by-case determination as to whether specific proj ects
are financially feasible and serve a public purpose; and
WHEREAS, the City Council wishes to repeal Resolution 2014-011 and adopt this
resolution in order to establish the guidelines as detailed herein in the public interest of the
residents of the City of Denton; NOW THEREFORE,
THE CITY COUNCII, OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION l. The City Council of the City of Denton, Texas hereby repeals Resolution
2014-011 and replaces it with this resolution.
SECTION 2. The City Council hereby authorizes the adoption of the PID guidelines, which
are attached hereto and made a part hereof by reference.
SECTION 3. The City Council may, from time-to-time, consider changes to these
guidelines as will be reflected by their future action.
SECTION 4. This Ordinance sha]1 become effective immediately upon its passage and
approval. The motion to approve this ordinance was made by and
seconded by , the ordinance was passed and approved by
the following vote � - � :
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
TBD, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the day of , 2018.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
:
EXHIBIT A
Public Improvement District Guidelines
Chapter 372 of the Texas Local Government Code, the "Public Improvement District (PID)
Assessment Act" (the "Act") allows the City of Denton to levy and collect special assessments on
property that is within the City or within the City's extraterritorial jurisdiction in order to make
certain improvements to the infrastructure to facilitate economic growth, as authorized by the Act.
The City hereby adopts the procedures and criteria as set out in the Act. Further, the City reserves
the right to consider PID applications on a case-by-case basis as indicated in these guidelines, and
these guidelines do not require the City Council to participate in any particular PID.
Policy Statement: The City Council will consider requests for the formation of PIDs for the
purpose of residential or commercial development if the creation of a PID is fiscally feasible and
has demonstrable public benefit. "Demonstrable public benefit" is defined as clearly apparent
positive effect (or reduction of negative effects) on the population or community.
Procedure: An application (form to be provided by City) and required deposits must be submitted
to initiate review. However, a pre-submittal meeting may be scheduled with City staff to
informally discuss project prior to application and deposits being submitted. In addition to the
procedures set forth in the Act and in order for the City to determine if a proposed proj ect is fiscally
feasible and has demonstrable public benefit, the developer is required to fund a fiscal impact
analysis in the form as determined by the City. The developer must prepare and provide a draft
service and assessment plan, finance plan, and other relevant project information to the City to be
used in the course of the fiscal impact analysis.
Any requests for PID formation will be subject to an initial review by Economic Development,
Development Services, Legal, Finance, and other relevant City departments. PID requests also will
be presented to the Economic Development Partnership Board, which will review the proposal and
make a recommendation to the City Council.
A development agreement between the City and the developer with a scope covering land
development, including infrastructure, and vertical improvements is required for the formation of
a PID. The agreement shall include notice requirements to purchasers of the PID assessments that
exceed the minimum notice required by the Texas Property Code. The agreement also may
include, but is not limited to, details regarding assessment cap, term length, thresholds or
performance requirements for debt issuance, etc. Agreements for residential PIDs shall include
development standards that exceed minimum standards required by City ordinances.
The developer will be required to fund or reimburse the City's costs for PID establishment and
ongoing administration.
Factors that will be considered: A PID applicant must establish that the PID will have a
demonstrable public beneiit by clearly illustrating one or more of the following:
l. Development will be higher quality and/or occur sooner than if left to open market. For
example, greater amenities, less density, or higher valued project. Higher quality and less
density helps justify extra financial burden of PID assessment to homeowner or business
owner.
2. Development is in the ETJ and owner is willing to voluntarily annex into City in exchange
for PID.
3. The developer's project results in the use of the PID by the city as an economic
development tool and not merely as a financing source for the developer.
4. Developer voluntarily pays for some oversizing of infrastructure if needed to serve
surrounding areas in exchange for having PID dollars for developer's proportionate share
(which developer is entirely responsible for without a PID).
5. There is an underlying district (such as a MUD) already created but still undeveloped with
no bonds issued, and developer is willing to give up right to sell district bonds and dissolve
district (which eliminates separate political subdivision not controlled by city) in exchange
for PID financing.
6. Development located in the water CCN of another service provider and developer is willing
to decertify its land from the other CCN so City can acquire CCN and serve.
In determining whether the PID is fiscally feasible, the City will consider, among other things, the
following:
l. Overall quality and sustainability of tax base is ensured/property will generate enough
revenue to pay for the services it will need. Overall positive economic impact to citizens
both within and out of the PID. Both short-term and long-term effects are considered.
2. The term of the PID and the PID Bonds is 30 years or less.
3. PID financing is only financing 50% or less of the costs of the improvements that qualify
for PID financing.
4. The value-to-lien ratio is at least 3:1 or the project is so unique that it justifies and can
support a lower value-to-lien ratio.
5. The PID assessment is not more than $.40/$100, with preference given to lower
assessments.
6. Any debt being requested will be for reimbursement of costs.
7. Whether the number of acres to be in the PID warrants the assessments and the
administrative expense and staff time associated with a PID, with a preference given to
commercial tracts over 100 acres and residential tracts over 300 acres.
8. The results of the applicant-funded, City-administered Fiscal Impact Analysis.
s:\legal\our documents\resolutions\l4\pid resolution amending guidelines.docx
I' • • • � � � �
A RESOLUTION AMENDING GUIDELINES FOR PUBLIC IMPROVEMENT DISTRICTS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council seeks to amend the guidelines for public improvement
districts established on July 24, 2007; and
W�Li�j'iii�, the Public Improvement District (66r77�99) L$SJWJJ111WddL L$Cl (Lll� 66LiCL99) UddVWJ
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a city to levy and collect special assessments on praperty that is located within the city or within
the city's extraterritorial jurisdiction (66ETJ99); and
WHEREAS, the funds from the assessment can be used to make certain improvements as
authorized by the Act to the infrastructure to facilitate economic growth within an area; and
WHEREAS, these guidelines are intended to aid the City Council in determining if the
creation of a PID is financially feasible, practical, and in the best interest of the citizens of the
City of Denton; and
WHEREAS, these guidelines do not require the City Council to participate in PIDs, nor
da they prevent the City Council from establishing PIDs with elements that vary from these
guidelines; and
WHEREAS, the City agrees with the recommendation of the Economic Development
Partnership Board to establish these guidelines; and
WHEREAS, this Resolution is in the public interest af the residents of the City af
De11t0119 No�%, Z'HE�FORE,
THE CITY COUNCTL OF THE CTTY OF DENTON HEREBY RESOLVES;
SECTION 1. The City Council af the City of Denton, Texas, hereby authorizes the
adoption of the PID Guidelines, which are attached hereto and made a part hereaf by reference.
SECTION 2. The City Council may, from time-to-time consider changes to these
guidelines as will be reflected by their future action.
SECTION 3. This Resolution shall became effective immediately upan its passage and
approval.
s:Uegal\our documents\resolutions\l4\pid resolution amending guidelines.docx
PASSED AND APPROVED this the �
.._. � day of --.._��� ���,..u. � 2014.
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BY: _ _ _ � �..� � �
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��,I�1'I� �L� ���.°.� [� LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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Public Improvement District (PID) Guidelines
Mixed-Use or Residential PIDs
The Public Improvement District (PID) Assessment Act (the "Act") allows a city to levy and
collect special assessments on property that is within the city or within the city's extraterritorial
jurisdiction (ETJ) to inake certain improvements as authorized by the Act to the infrastructure to
facilitate economic growth within an area. The following guidelines are intended to aid the City
Council in determining if the creation of a PID is financially feasible, practical and in the best
interest of the citizens of Denton. This document does not require the City Council to participate
in PIDs, nor does it prevent the City Council from establishing PIDs with elements that vary
from these guidelines.
Section I - Policy Statement
The City Council reserves the right to consider PID applications on a case-by-case basis.
Projects that bring a unique, high quality desired product to the City of Denton, and such
uniqueness or high quality could not be created unless PID funding is available, may be
considered. Consideration will be given to developments that provide the types of development
that diversify and enhance the tax base.
Desired product is defined as a high quality mixed-use development that does not exist within
the City of Denton (or is limited) at the time the PID application is presented. The development
must promote the policy of the Denton Plan. Elements of the development may include:
• The development should exceed Denton Development Code standards in a combination
of areas. Examples might be:
o Park land/development
o Architectural design
o A high quality in building materials not seen in other developments
o Lot sizes that exceed the average lot size in Denton
o A higher quality of amenities not provided in other developments in Denton
• The development provides a significant impact in the quality of residential units on the
community. PIDs may also be considered for redevelopment areas such as downtown.
• Developments of significant size should have a commercial component that provides
services and products that serve the needs of the neighborhood, i.e., cleaners, pharmacy,
bank, etc.
• The development must have a cohesive theme throughout that identifies the unique nature
of the project.
• Amenities or characteristics that describe the project as unique must be clearly definable
and measurable as the developer will be required to demonstrate the project has been
completed as proposed.
• Ongoing operation and maintenance costs for amenities or public facilities where the
costs are borne by the City of Denton (i.e., library, dedicated parks) may eliminate a
project from consideration.
Section 2 - Eligible expenditures
Public amenities and facilities must be available to all City of Denton citizens. Some or all of
the following list of improvements may be financed through PID funds; however, the City
Council reserves the right to consider each project on a case-by-case basis and will determine the
appropriate improvements applicable to any project.
• Water, wastewater, health and sanitation, or drainage improvements (including
acquisition, construction, or improvetnents of water, wastewater or drainage
improvements);
• Street and sidewalk improvements (acquiring, constructing, improving, widening,
narrowing, closing or rerouting sidewalks, streets or any other roadways or their right-of-
waY);
• Mass transit improvements (acquisition, construction, improvement or rerouting of mass
transportation facilities);
• Parking improvements (acquisition, construction or irnprovement of off-street parking
facilities);
• Library improvements (acquisition, construction or improvement of libraries);
• Park, recreation and cultural improvements (the establishment or improvement of parks);
• Landscaping and other aesthetic improvements (erection of fountains, distinctive lighting
and signs);
• Art installation (acquisition and installation of pieces of art);
• Creation of pedestrian malls (construction or improvements of pedestrian malls)
• Similar improvements (projects sirnilar to those listed above);
• Supplemental safety services, including public safety and security services;
• Supplemental business-related services for the improvement of the district, including
advertising and business recruitment and development.
5ection 3- Funding/Reimbursement of Costs
The City Council may consider one of three options to reimburse public improvement districts
for eligible costs. The City Council will review each development on a case-by-case basis to
determine the appropriate funding option.
A. Fundin� Option 1- Pav �� You Go. Under this option, the assessed funds are disbursed
annually in an amount that does not exceed the expenditures incurred for eligible project
costs. No bonds secured by PID assessments shall be sold. Although this option is used
most frequently for maintenance projects, the City Council may consider the Pay As You
Go Option for any project. The term for Pay As You Go PIDs may not exceed 30 years
for capital expenditures. Operation and Maintenance PIDs may be ongoing.
B. Reiml��r�°�����t�a�t Option 2— Revenue Bond �ales After �;�a���tG°�r�lic�n. Under this option,
"��.�
the City Council may approve the sale of bonds secured solely with PID assessments to
reimburse eligible costs once a minimum of 50% of the planned residential/commercial
construction is at full completed value. If the project is built in phases, bonds may be
sold for each phase. The comparative size of each phase must be acceptable to the City..
A minimum of 50% of the planned residential/commercial development of each phase
must be constructed and accepted by the City of Denton at full completed value before
bonds may be sold. Financial security of the developer and feasibility of the project will
be reviewed by the City's financial advisors and bond counsel to ensure viability of the
project and that PID assessment funds are sufficient to retire the bond debt. The
minimum percentage of completion may be reduced if the City believes the financial
feasibility report justifies the reduction in completion percentage. The term may not
exceed 30 years for capital expenditures. Operation and Maintenance PIDs may be
ongo�ng.
C I° irt�r�cir��; ()I�tit��� �— Itev��ttw� l3c��ic� S��Ic �"�a�� C;'car��t���,��:tic�ti � i����t��i���.?. Under this option,
the City Council may approve the sale of bonds secured solely with PID assessments to
finance construction with a maximum appraised value to lien ratio of 3:1 at each bond
issue. If the project is built in phases, bonds may be sold for each phase. Financial
security of the developer and feasibility of the project will be reviewed by the City's
financial advisors and bond counsel to ensure viability of the project and that PID
assessment funds are suff�cient to retire bond debt. The term may not exceed 30 years for
capital expenditures, and the maximum number of years of capitalized interest will not
exceed two years for each bond issue.
Section 4 - Assessment Cap
The City Council must consider an assessment amount at the time a PID is created. Assessments
should not exceed $0.40 per $100 valuation regardless of whether the project is within the Gity
limits or the City's ETJ. The assessment may be less than $0.40, and the City Council may even
consider an amount higher than the recommended $0.40 cap if they believe it is in the best
interest of the community,
Section 5 - PID Petition/Documentation
Developers requesting a PID are required to submit a completed PID petition/application to the
Economic Development Partnership Board (�DPB). The EDPB will review the proposal and
make recommendation to City Council. The application will provide the following:
A. Description of the development that clearly deiines the elements of the project that
exceed the Denton Development Code aind how those elements of the project will be
measured.
B. Documentation that the project provides a desired product that is not available or is
limited within the city limits or the ETJ.
C. Detailed project financials and developer financial information to ensure the viability of
the company. If the developer has participated in previous PIDs, success of previous
PIDs must be demonstrated.
D. Developers must declare whether they will hold ownership of the residential propei-ty
within the development or sell sections/lots to builders, and the proposed timing of the
sale of such sections/lots.
E. Sample documentation to be provided at the time of sale that clearly discloses the
existence of the PID, the amount of the assessment, options for payment, and liability to
owner should assessment become delinquent.
F. Project financial documents must include payment for City of Denton administrative
costs.
G. Project financial documents must declare the party responsible for maintenance of the
improvements and describe how maintenance will be funded. If an element of the PID
funds operation and maintenance, a list of improvements supported by PID funds must be
provided.
H. Project financial documents must include payment for administrative and reasonable
legal costs that may be incurred by the City to foreclose on any property within the
project for non-payment of PID assessment.
Section 6 — Administrative Costs
The PID documentation must provide for the reimbursement of the City's on-going
administrative and legal costs relative to reviewing, preparing, auditing the feasibility report,
preliminary costs estimates, five-year service and assessment plan and assessment roll, and costs
relating to foreclosures, etc.
A$2,500 deposit must accompany all PID applications to be applied toward administrative costs
related to the processing and review of the application, which may include staff time, public
notices, etc. The City will track costs and refund any excess monies once the PID has been
established or denied. The applicant will be required to cover all related costs; therefore, it may
be necessary for applicants to provide additional funds.
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
���,� I�Illlll�uuuuuuu��ii www.cityofdenton.com
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File #: ID 18-897, Version: 1
Legislation Text
AGENDA CAPTION
Receive a report; hold a discussion, and receive departmental presentations in preparation for the FY 2018-19
Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast.
City of Denton Page 1 of 1 Printed on 6/15/2018
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City of Denton
_ . City Ha11
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www. cityo fdenton. com
DEPARTMENT: Finance
DCM:
DATE:
SUBJECT
AGENDA INFORMATION SHEET
Bryan Langley
June 19, 2018
Receive a report; hold a discussion, and receive departmental presentations in preparation for the FY
2018-19 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast.
BACKGROUND
The purpose of this work session and additional work sessions during the months of June and July is to
have each City Department give a brief presentation to City Council. Each presentation will cover the
structure and staffing of the Department, functional areas and major responsibilities, goals and
accomplishments, performance measures, cost containment efforts and process improvement strategies.
These presentations are scheduled to be presented during the months of June and July prior to the City
Manager's proposed budget being presented to City Council on August 2, 2018. The planned
presentations for this meeting are from Police, Animal Services, Municipal Judge, Municipal Court,
Economic Development, and Chamber. The Department presentations are attached to this item.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its
vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational
Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly
Community; and Sustainability and Environmental Stewardship. While individual items may support
multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and
goal:
Related Key Focus Area:
Related Goal:
EXHIBITS
1
2
3
4
5
6
Organizational Excellence
1.1 Manage financial resources in a responsible manner
Agenda Information Sheet
PowerPoint Presentation — Economic Development
PowerPoint Presentation — Chamber
Chamber Budget Detail
PowerPoint Presentation — Police and Animal Services
PowerPoint Presentation — Municipal Judge
7. PowerPoint Presentation — Municipal Court
Respectfully submitted:
Antonio Puente, Jr.
Director of Finance
Prepared by:
Nancy Towle
Budget Manager
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City of Denton 215 E. McKinney St.
Denton, Texas 76201
���,� I�Illlll�uuuuuuu��ii www.cityofdenton.com
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Legislation Text
File #: ID 18-1021, Version: 1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding the preliminary FY 2018-19 Budget,
including potential changes to the homestead exemption.
City of Denton Page 1 of 1 Printed on 6/15/2018
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
__ City of Denton
�_ — _ city xall
`�t� Illllllllllllllll�l�uuuuuul�l�ll 215 E. McKinney Street
� Denton Texas
�
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www.cityofdenton.com
DEPARTMENT:
DCM:
DATE:
AGENDA INFORMATION SHEET
Finance
Bryan Langley
June 19, 2018
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the preliminary FY 2018-19 Budget,
including potential changes to the homestead exemption.
BACKGROUND
The purpose of this work session is to provide the City Council with information regarding the FY 2018-
19 Budget, including the homestead exemption. This discussion is a follow-up to the preliminary budget
discussion held on June 12, 2018. The Council requested that staff provide additional information to assist
them in evaluating a potential change to the homestead exemption. As such, staff has compiled comparative
and historical information to address Council's request. Additionally, staff has included preliminary
appraisal data regarding the Over 65 and Disabled Tax Limitation (Freeze) as requested.
The financial planning process is still in the early stages and, as a result, the budget should not be considered
complete. Over the next several weeks, staff will work to finalize the FY 2018-19 Proposed Budget and
Five Year Financial Forecast recommendations. The final version of the financial plan will be submitted
to the City Council with the City Manager's recommended budget at the end of July.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area:
Related Goal:
EXHIBITS
Organizational Excellence
1.1 Manage iinancial resources in a responsible manner
Agenda Information Sheet
2. Presentation
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Director of Finance
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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Legislation Text
File #: ID 18-1013, Version: 1
AGENDA CAPTION
Vicki Oppenheim regarding the Denton Community Market.
City of Denton Page 1 of 1 Printed on 6/15/2018
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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File #: ID 18-1017, Version: 1
Legislation Text
AGENDA CAPTION
Katy Portillo regarding the Denton Community Market.
City of Denton Page 1 of 1 Printed on 6/15/2018
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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File #: ID 18-1018, Version: 1
Legislation Text
AGENDA CAPTION
Loni Puckett regarding the Denton Community Market.
City of Denton Page 1 of 1 Printed on 6/15/2018
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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File #: ID 18-1020, Version: 1
Legislation Text
AGENDA CAPTION
Danielle Longueville regarding the Denton Community Market.
City of Denton Page 1 of 1 Printed on 6/15/2018
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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Legislation Text
File #: ID 18-849, Version: 1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-ruled municipal corporation,
approving the sale of an approximate 1.9126 acre of land, Abstract No. 775, City of Denton, Denton County,
Texas, to the successful bidder, Zimmerer Real Properties, LLP, a Texas Limited Partnership, for the total
consideration of $154,379.79; authorizing the City Manager in accordance with Texas Local Government Code
253.001 to execute a contract with Zimmerer Real Properties, LLP, together with any other documents
necessary to sell and convey said real property; and providing an effective date (IFB 6735 - Sale of Real
Property located at 2910 East University Drive in the amount of $154,379.79).
City of Denton Page 1 of 1 Printed on 6/15/2018
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DEPARTMENT:
CM:
DATE:
SUBJECT
AGENDA INFORMATION SHEET
Materials Management
Todd Hileman
June 19, 2018
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-ruled municipal corporation,
approving the sale of an approximate 1.9126 acre of land, Abstract No. 775, City of Denton, Denton County,
Texas, to the successful bidder, Zimmerer Real Properties, LLP, a Texas Limited Partnership, for the total
consideration of $154,379.79; authorizing the City Manager in accordance with Texas Local Government
Code 253.001 to execute a contract with Zimmerer Real Properties, LLP, together with any other documents
necessary to sell and convey said real property; and providing an effective date (IFB 6735 — Sale of Real
Property located at 2910 East University Drive in the amount of $154,379.79).
BID INFORMATION /BACKGROUND
During the August 8, 2017 City Council work session, the Council members gave City staff direction
regarding disposal of real property tracts owned by the City that were considered surplus. Five (5) tracts
were included in an Invitation for Bid (IFB).
The Invitation for Bids was mailed to 58 neighboring property owners. In addition, solicitation documents
and property descriptions were placed on the Materials Management website for prospective respondents
to download, and advertised in the local newspaper. One (1) bid was received meeting the specifications
for Tract 3. The bids for Tracts 1 and 2 were withdrawn by the sole bidder for both properties. No bid was
received for Tracts 4 and 5. Tracts l, 2, 4, and 5 will be rebid in the near future.
Tract 3 is located at 2910 East University Drive. The property is located next to Zimmerer Kubota and
Equipment retail center on the corner of Loop 288 and East University Drive. The bid for Tract 3 exceeded
the minimum advertised bid by $3,524.79, for a total bid of $154,379.79.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On August 8, 2017, City Council approved the disposal of five (5) real property tracts in a group.
RECOMMENDATION
Award a contract with Zimmerer Real Properties, LLP, for the sale of Tract 3, an approximate 1.9126 acre
of land, Abstract No. 775, in the amount of $154,379.79.
PRINCIPAL PLACE OF BUSINESS
Zimmerer Real Properties, LLP
Fort Worth, TX
ESTIMATED SCHEDULE OF PROPERTY TRACT SALE
Close the sale of Tract 3 transaction approximately thirty (30) business days after approval by City Council.
FISCAL INFORMATION
The 1.9126 acre tract was initially acquired by Denton Municipal Electric (DME) for the 69kv Purple Route
electric transmission line as a settlement. An electric transmission line easement is to be reserved in the
conveyance deed upon the sale of 1.9126 acre tract. Proceeds will be returned to the DME project account
that funded the original property acquisition.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area:
Related Goal:
EXHIBITS
Public Infrastructure
1.1 Manage financial resources in a responsible manner
Exhibit 1: Agenda Information Sheet
Exhibit 2: Bid Tabulation
Exhibit 3: Contract
Exhibit 4: Ordinance
Respectfully submitted:
Karen Smith, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Paul Williamson 940-349-8921
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COI�TR_A�T Fn12 THT SALE (�F RI{�AL ��TATr
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TRACT No.: --��—=� G..`��
DCAD No. or �treet Address: _�2_�—j , (��'�r� �/�'�75,`��- �``, "-2.
�Gfi�) �f-`S 3592��' 3s�9z �' ����� l�! �
'7�his ConC��act ioi• Sale of IZeal Estate ("Contr�ct"), is hereby nlade this day of __� _ , 2018,
el'fective as oi' the date of executioi� hereof by I3uyer (the "Effective Date"), by and between TH� CI"TY nr
DI��N"I�ON, TEXAS, a"I��exas 1-Iome Rule municipal corporation in I�enton County; "l'exas (hereinai�t�er "Seller" or
<cClty''�� ilIlC��✓v�i.v�E'i"i �11- 16:,Pi r.°`Y7 �il /�.d''. ��. (c<Purehasere> Ul•:c1311�/Gl'"�.
l
�" � � 12ECITALS
WHERL;AS, the City l�as eomplied with the pr�ovisions o1` Texas I,ocal Gove►�nmeni Code Cllapter 2�2
regarding the sale of prope�•ty by a municipality; and
WHL;RE�S, the City owns that certain tract o� l�r�d, being more particulai•ly described in I;xhibit "A" attdched
hereto and made a part hereof for all purposes, bein� located in Denton ColEnty, Texas (the "Land"); and
WI�[1:Rl;AS, Sellcr desir�s to sell to Buyer, and 13uyer desil•es to buy i'r•om Seller, tl�e Land, together with any
and all rights or intcrests oi' Sellea� in and to adjacent streets, alleys, and rights of ways, together will all and singular
tl�e improvenlents and f:ixttii•es the7•eon, si�bjeci� to tl�e li�»it�ations and exceptions as set out below, and all other rights
and appurte�lanccs to the Land (collectively, the "Pi•opert�y").
ARTICLr I. SALE OF TH�E PROP�RTY
For the consideration hereinai�te�• set foi•th and subjeci to th� terms and pt•ovisions of this Contract, Seller agr•ees to se(i
and convey to Purchaser, by Deed withouf Warrai7ty, and T'urchaser agrees to pur•chase from Seller ihe Property
descri6ed in F..xhibit "A."
Seller hereby excepts and reserv�s �irom conveyance under this contract tlle following interests:
Any interest the City may hold in the mineral estate of the property and the right of exploration thereof;
any easenlei�ts, i•ights-of'-way, or other interests necessary for City usc
Ai2TICLE II. PURCHAS� 1'RICI<',
.`'� 7 �
The Ptiu�chas� Price to lae paid to Seller I�o�� tl�e I'roperty is the sum ot� _� �_��-� 3 i c1_�__ � and _ l/I 00
I)ollars {$ C��_��,�,,,�c���� _��_-���'a�'r ouS�-r�� ��_ ) (the "I'urchase Price"). �7�
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"The PLu•chaser shall submit [he earnest m�ney with the bid to tl�e �`�iy of' Denton. "The earncst ►��oney ls to 6e paid as
follows:d,,� ltiu.,.,��'�����-M ��u�ous�� 3�y�s and 79 /100 Dollars ($ / -�� �h 3 � � , � �� ��� ) in cash,
casl�ier's chec]<, or money order, to be paid ir1 escrow as earnest money upon submissi n of the bid and execution of
this conti•aet, and t}le balance of the Pln�chase Price to be paid at elosing by Purchaser•.
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AItTICL� TIL '1,ITLI�� AND SURV�Y
'1'itte Commitment. Within thirty (30) calendar d�ys a.i-ter the �ffective Da.te, Seller shall accommodate as reasonably
practical I3uyer's requests Cllrotibh � Tit1e G<»npany chosen by Buyer, at Buyer's expe�7se, for the tirrnishing of a
curre�it Goi��miC�nel�t i�or "l,itle Inslu�ance (the "Title Commitment") i'oi• t11c Pi•opei•ty, issued by Title C;ompa�ly. If a
"l,itle Gommitmei�t is i•eque;sted by I3L�yer, it s11a11 set ���1•th the state oi'title to the P�-oper[�y, including a list o�C liens,
mort�ages, security ii�tere;sts, encumbrances, pledges, assignments, claims, charges, leases (stu�face, space, �1�ineral,
or otl�erwise), conditions, restrictions, optio�ls, sevei•ed mi�leral or royalty inierests, conditional sales coniracts, rights
�>i'i�irst refusal, restrictive coveilaiits, exceptions, easements (tempora►y or pernlanent), rights-oi=way, encroachm�nts,
oi• any othei• oLitstai�ding claims, interests, estates, or equities of any nature (each o�' which ai•e i•eferi•ed to her•ein as an
`:Exception").
Along ��iCh the Title Coinmitment, Seller shall also accommodate as reasonably practical Buyer's requests, at Buyet•'s
sole cost and expense, true and correct copies af all instruments that create or evidence Txceptions (the `Bxception
Documents").
Title I'olicy. At Closing, F3uyer, at I3uyer's sole election, cost, and expense, may cause a standarcl Texas Owner's
I'olicy of Title Insurance ("Title Policy") to be furnished to Buyer.
Survey. I'urchaser, at 1'urchaser's sole cost and expense, may order and cause to be delivered to Purchaser and the
"1'itle Con�pany, 10 days prioi• to closing a current survey of tl�e Propei•ty, st�kecl oi� the ground, sh�wing the location
of' all improvements, highways, streefis, roads, fe��ces, easements, drainage ditches, rights-of=way, creeks, and water
courscs on oi• adjacent lo th� I'r•operty, i1' any, for purposc,s of deleting from the title policy Co be issued the printed
exceptions as to discrepancies, conflicts, or [�oui�dary line eneroachments. "I'he survcy shall contain the surveyor's
certitication that tllere are no enc�•oach�nents on the Propei•t�y a�1d shail set foi-th the nun�ber of' total acres a�id the
number of acres comprising the Property, tog�ther with a metes and bounds description of ihe Property. The term
"nct ac�res" s(�all me.ai� the i��u��be�� �f acres contained within the boundaries of Che Property, exclusive of any land
lying within easements, right-of=way, encroacl�ments, creel<s, oi� other water courses and shall be calculated to the
nearest one tl�ousandth ol an aci•e. The sur•vey report and iitldings oi'the surveyor must be acceptable to escrow agent
and I'ui•cllasei• and satisf�y �ll requii•ements o�'this co�ltract,
ARTICLE IV. I2EPRTSI:N'I'ATIONS
Seller hei•eby i�epi�esents to the Pw-cllaser as fo(lows, which represents and warranties shall be deemed made by seller
to pcai•cl��ser also as of the closing date:
• A1! property is offer�d "AS IS, WHT12E-IS, WITH ALL FAUL'TS." CXCI;PT AS LXPRI±,SS[1Y
STATTD IN THIS AGRE�MTN`T, PURCHAS�R ACKNOWLEI)GES AND AGRE�S THAT
SI�,LLER HAS NOT MADE, DOI;S NOT MAKT AND SPECIFICALLY IVCGATE� ANll
DISCLAIMS ANY R�PI2I:SF,NTATIONS, WARItANTTrS, PI20MTS�S, COV�NANT'S,
AGItI1�1:MEN7"S, OR �UARAN'�'IES OF ANY KiiV� 012 CHAI2ACTEI2 WI-IA'I'SOEVER,
WHLTHrI2 1�X1'RESS OR IMPLIED, ORAL 012 WRITTEN, I'AST, PR�S�N'I', OR T'UTUR�, OF,
AS, "I'O, CONCCRNING, OR Wi7'I-I R�SP�C'I' TO (A) 7'HT VALUE, NATURI;, QUALITY, OR
CONUITION OF TII� PR�i'TRTY INCLUDIN(�, WITHOUT LIMITATION, TH� WAT�R, SOIL,
ANll GCOLOGY, (1�) THI's INCOME '1'O 13T ll�RIVLD FI20M TI-�� PROPERTY, {C) THE
S[11TA131LI'I'Y OF TH� PI20PCRTY FOR ANY AND ALL ACTTVITICS AND US�S WHICH
PUI2CHASER MAY CONDUCT THTR�ON, (1)) TH� COMPL.IANCT OF OR I3Y THE PROP�RTY
012 YTS OPrRATION WI'I'H ANY 1�AWS, RULES, ORDINANCI:S, OR RCGULATIONS OF ANY
APPLICAI3LP GOVE1tNMF.NTAL AUTHORITY 012 I3C)DY, (E) THT HABT'TAI3ILI'TY,
MGRCHANTAI3ILITY, MARKT;TAI3ILITY, PROFITAI3ILITY, OR FTTNI:SS FOR A
2 'j�
��
I'Al2TTCt1LAR PURPnSI� OF TIIl1 1'ROPLRTY, (T) TI-II; iV[ANNl+�T2 OR QUALIT'Y OF 'I'Hl.
CONSTRUCTION OR MATTRIALS, Il+ ANY, INCOI2POItA'rlsD INTO THC I'ROI'TRTY, (G)1'TI�
MANNCI2, QUALITY, S'TATE OF REI'AIR, OR LACK OT R�I'AI12 OF 'I'I-II� P1201'ERTY, O1Z (H)
ANY OTHCR MATTCR WITH RTS1'TCT 'I'O 'I�`l-IC PROI'I:t2T'Y, AND SPCCIFICALLY, THAT
SrLLCR HAS NOT MADr, DOES NOT MAK�, ANll SPI�CIFICAL,LY DISCLA7IVIS ANY
R�YRrS�NTATIONS RCGARllING COMPLIANCE lViTH ANY ENVII�ONMENTAL
PROTI�CTION, POL.LUTION, OR LAND US� LAWS, RULES, RTGULATIONS, OI2DrRS OF
RI;QUiiZI?M�N'1'S, INCLUDING �OLID WASTE, AS DL�FIN�ll RY'I'HT CJ. S. F,NVIRONMI:NTAL
I'I20TI;CTION A(�CNCY l2LGULA'I'IONS A'T 40 C.F.R., PAR'I` 261, OR TH� DIS1'OSAL OR
I.XIS7'Iz�NCr IN 012 ON THE PROI'I?RTY OF ANY HALARDOU� SU13S7'ANCE AS D�FIN�D I3�'
TH� COMPRCI-tENSIVI�, F,NVIl20NM�NTAL RT+��PONST COMPENSATTON AND LIABILITY
ACT OI' 1980, AS AM�NDCD, AND RI�GULATIONS 1'ROMULGATED TH�R�UNllER.
PI112CNASr12 FURTHI�IZ ACKNOWLEDGT;S THAT I7` IS NOT RCLYING ON ANY
INFORMATION P120VI1)rD OR TO BE PROVIDrD I3Y SELLCI2 RLLATING TO THE
PI201'TR'I'Y. AS A MATrRIAL 1'ART OI+ TH� CONSIDCRATION FOI2 THIS AGI2�EMENT,
STLLEI2 AND PURCHAS�R AG}2PE THA'I' PURCHASrR IS TAKING 'I'HE PRO1'rRTY "AS IS"
WITI-� ANY AND ALL LATENT ANI) I'ATFNT DrFTCTS AND 7'HAT TH�RC IS NO WARI2ANTY
�3Y SE1L1L�Ia '�'I-�AT 'd`I-�E �'RQPER7'Y I� Fl`l� �OFd ��'��2TI�'ULAIa PURPOS�. SELL.�I2 MAIC�S
NO I2F,PRESCNTATIONS, STATCMrNTS, OR ASSrRTIONS WITH R�SI'�CT TO TH�
l'ROPTRTY CONDITION. PURCHAS�R TAKES "I'H� P120PERTY UNDCR THE CXPRCSS
UNDTI2S"I"ANDING THAT TT3�RE ARI? NO EXl'RrSS OR IMl'LIrD WAI2RANTIrS.
PROVISIONS OF THIS SrCTION SHALL SURVIVr THr CLOSING. IT IS UNDCRSTOOD AND
AGI2T;�D TIiAT Ti�� 13ID AMOUNT ANll THr SUBS�QUi;NT 1'U12CHASI: 1'I2ICC HAVr 13E�N
AD,TUSTED TO R�FLLC'I' THAT ALL OF TH� PROPEIt'i'Y IS SOLD I3Y SCLLr,R ANll
PUItCHASED BY PUI2CHASI+�R SUBJL�,CT 'I`O THE FOREGOING. PURCFIAS�12
ACKNOWL.CDCTS AND ACC�I'TS ALL THT T�RMS AND PROVISIONS 13Y ITS ACC�PTANC�
H�I2EOF.
• I'w•chase�- understands that it is Purchaser's responsibility to check i�or (i) outstandin�; or pending City of
Denton Code Enforcement actions including but not limited to repair or demolition orders, (ii) roadway access
to the Property, (iii) floodplain status, (iv) zoning, and (v) all other due diligence matters or 1'roperty
conditio�is. 1�ach biddei• also w�dersta�lds thai the City of Denton disclaims responsibility as to the accu3�acy or
completeness of any information relating to the Property for sale and the dala in the public advertisement is
Ior information o»ly. "I'he tr•ans�ction, to tlie maximum extent allowed by law, is made on an "as-is, where is,
with a(I faults" basis and is subject to all visible and apparent easements and any othef� instruments of records.
• I'urchaser shall defend (at� the opCion of" the City), indemnify, and hold t�he Gily of Denton, its suceessors,
assi�;ns, of'ficers, employees, and elected officials harmless from and against any and all indemrziiied claims
directly arising out of, incident to, concerning or resulting from the fault of the buycr, or the buyer's agents,
employees, or subcontractors; resulting from the use of the Prope��ty. Additionally, tlle Purchaser shall defend
(at the option of t11e City), the City of DenCon, its successoi�s, assigns, oi'ficers, en�ployees, atld elected officials
lzai•mless fi•om liability, losses, attorney's fees or expenses o1' whatever nature or character arising out oi' or
occasioned by any claiin or srlit i'�r damages, on aeeount� of iujury to or the death of any person or darnage to
any propei•ty resalting fi•oin the use of'the I'1•operty, no matter who may be using the Property at ihe time injury
or damages occur. 1'his indemnity survives the closing of his transaction.
•"I'here �c•e no defaults under any existing moi•tgages secul�ed by the Pi•opei�ty and no dcfault shall be created
because of this sale;
e"T'here is no pending or threatened conden�nation or similar proceedin� or assessment affecting the
Propei•ty or any part oi'the Propei°ty, nor to the best knowl�dge and belief of Seller is any such proceeding or
assessment contemplated by any govet•nment authority;
3 ���
•"1`I1ere al•� no pai•ties in possession oi� any portion of the Pr�perty as lessees or t.en�tnts at sufi�erance,;
• No worl< has bee» performec� or is in progress by Seller at and no materials have been furnished �o tl�e land ot�
i»���roven�ents or any portio» of thein which might �ive rise to i�lecha��ic's, materialme��'s, or other Iien�
against tl�e Pi•o}�erty or impro��ements or any portion thereof.
If prior to the closing date Seller discovers one oi• more of such represent�ations Co be untrue or inaccurate, Seller will
inlot�i�� Pui•cllaser i�1 wi•iting of�the discovei•y. Sellei•'s i•epresentations s11a11 not sut•vive the closing except to the extent
that Sellei• has acYual knowledge of an �intruth �r inaccuracy and fails to reveal thai knowled�e Co Purchaser prior to
the closin�;. Notwithstanding the immediately pT•eceding sentence, if within 10 days fron� the date this contt•aet is fully
executed Seller gives written notice that a�zy represet�tation is incorrect, Sellei- shall not be bound by that
representation; and, within 10 days after Seller's delivery oj'notice to Purchaser, Purchaser may terminate this coi�tt•act
and all earnest monies previot�sly deposited with the City shall be imrnediately returned lo Purchaser.
ARTICLC V. CLOSING
"I,he Closin� (h�;reit� so called) sl�all be held at the City of Denton or Tit:le Conlpany of Pl.irchaser's choosing within
thirty (30) calendar days alter the L;ffective Date, unless otherwise mutually agreed upon by Buyer and Seller.
At the closing Sellei• sliall delivei• or cause to be delivered to Buyer or the Title Compar�y, at tlle expense of t}1e party
designaled 1lerein, the following items:
l, A duly executec� and acknowledged Dee�l Withoul Warrcrnty conveying tit�le in fee simple to the Property,
siit�ject only to tl�e resei'vations made above and Permitted �xceptions;
2. Possession of the property.
At the Closing, Purchasei- sllall deliver to Seller or the Title Coulpany, the following iYen�s:
l. The sum required by Article II, less the Larnest Money, in the form of a cash, check, casllier's check, or
��ther immediately available funds; and
2. Other items reasonably requested by the Title Company as administrative requirements for cansummating
the Closin�.
Gene�•al t•eal estate taYes for the tl�etz cur�rent year relaCing the p�•operty and 1•ents, ii' any, shall be pi•orated as of the
closing date and shall be adjusted in cash at t11e closin�. Ad valo�•em tax %r the calendai• year in which the Closing
shall occur shall be tcndered under Texas Tax Code Section 26.1 1 o If the closing occurs before the tax rate is fixed
f�or the next c�u�rent year, the apportionment oi'taxe� sl�ail be on the basis oi� the tax t�ate foi• the next preceding year
applied to t11e latest assessed valuation.
l�ach ��arty is responsible for paying the le�;al fees oF iis counsel, in negotiating, pre�Zriizg, and closing tl�e tz•ansactioi�
contemplated by this Contract�. Seller is responsible f�r pay�in�; fees, costs, and expenses identiti�d herein as being f}1e
responsibilify of Seller, I3uyer is responsible for paying all o�he�• fees, costs, and expenses related to Closing.
ARTICLI; VI: D��AUI,T AND RTMEDITS
8.01 �eller's Defaults and I3uyer's Remedies.
(a) Selles•'s llefaulEs. Seller is in def�ault under tivs Contract on th� occurrence of any ona or more of tt�e following
evenCs:
�� �
(i) nny o{�Sellei•'s war�7�anties or repi•eseiltations containcd in tJ�is Co�Itract are unCrue on tlle Cl��sing D�te;
or
(ii) Sel1e1• �fails to meet, coi��ply with, or peri�orrn any cove�zai�t, agreement, condition pr•ecedei�t, or
obligation on Seller•'s pat�t i•equired within thc time limits and in the ma»ner rec�uired in this Contract�;
or
(iiij Seller fails to deliver at Closiilg, the itEms specif�ied in Article V of this Coiltl�act for any reason other
t11an a default by I�uyer or termination of this Coiltract by I3uyer pursuailt t� the teril�s hereof prior to
Closing.
(b) 13uyei•'s Remedies. I1' Seller is in dei�ault under this Co»tr•act, Btiyef• as I�uyer's remedies for� the default, �nay,
at I3uycr's sole option, do any o� the following:
(i) "I'erminate this Contract by written ilotice delivered to Seller in which event the I3uyer shall be entitled
to a return of the t�arnest Money, and Seller s}�a11, pi•omptly on wriiten request i�T•om Buyer, execut�e
���c� �l�livLr �zi7y c�oi�uili���ts n�cessa�•y to causc thc Titic Company to i�etu��n to Bu}�er Che Earnest Mone}�;
(ii) Ia�force speciiic performance of this Contract against Seller, requiring Seller to canvey the Property to
I3L�yer subject to no liens, encumbrances, exceptio�7s, and conciitioi�s other than those show�l on the
'i�itle Commitinent; whereupon I3uyer shali waive title objeetions, if any, and accepC such tiile without
reduction in Pi.�rchase Price o11 account of' title delects and shall be entitled to assert any rights for
damages based on Seller's representations, warranties, and obligations that are not waived by Buyer
by its aeceptance of Seller's title; and �
(iiij Seel< otliei- recolit•se, or relie�'as may be available to I3uyer at or by law, eqirity, co�itract, or othci•wise,
8.02 13uyer's Default and Seller's Remedies.
(a) 13uyer's Uef'ault. Buyer is in default ur�der this Cont��act if�[�uyer Fai(s to deliver at Closing, the items specii�ied
in Article V of this Contract foe any reason other than a de�ault by Seller under this Contract or terminatioi�
of this Coniract by Buyer pursuant to the terms hereof prior to Closing,
(b) Seller's Remedy. If I3uyer is in default under this ContracC, Seller, as Seller's sole and exclusive remedy for
the default, may, at Seller's sole option, do either one of the following:
(i) 'Terminate this Contract by written notice delivered to I�uyer in which event the Seller shall be entitled
to a return of' the Earnest Money, and I3uyer shall, promptlyo un written request fi�om Seller, execLite
and deliver any documents necessal•y to cause the "I'itle Company to return to Scller the Larnest Money;
or
(ii) l.;nfar•ce s�ecifiic pe�-i�or•mance of �his Contract againsi Buyer.
ARTICLC VII. AUTHORI'TY
All parties to this Contract warrant and represent that they have th� }�ower and authority to enter into this Contract in
Che names, titles, and capacities staled in this Contract and on behalf of any entities, persons, estates, or firms
r-epresenied or purported to be represented by that person, and that all Pormal requirements necessary or required by
any state and/or Pederal iaw in order for• Seller to enter i�1to this Contract have been fully complied with. In addition,
Sellei• hereby warra»ts and covenants tllat Sellei• has the power and authority to sell the Property, and that Seller
���
rc}arescnts all persons or parties �hat have any le�;aJ or beneiicia] irlterest in ar�d to the subjcct property or any pari oi'
the subject properiy.
ARTICLL VIII. NOTICI?
Any notice required or permitted to be given ui�dcr this Contract by one party to the other shall be ii7 writing �nd shall
be given and be deemed to have been sei•ved and given as if deli��ei•ed in person, to the address set forth below, or� the
pat•ty to whom notice is �iven, if placed in the United States mail, postage prepaid, certilied mail, return receipt
requested, and addressed to the pa�•ty at the address specified below. The address for the Seller for all pur�oses
containecl in tl�is agreement and Cor notice under this agreement shall be:
"I'odd 1-Iilcman, City Maua�;er
21 S I;ast McKinney St1•eet
Denton. 'I�exas 76205
Phone; 940-�49-71 �0
WiCh copies to:
"I�i•ey Lansford
Deputy City Attori�ey
215 1:. MeKinney Street
Dei�ton, Texas 76205
Phone (940) 349-8333
The address of the Purchaser fo1� all puz•poses contained in this Contract and I'or all notices hereunder shall be:
Name: �i_,,Qa z17 �,. c� � v� o�n;j�� P.�- ��. �
St1•eet Address: S� f 6 S� ./�'1 � �� ._�!L an t� �� <<
City, Stat�, Zip: �"os � �� o.��� �`7`J( 7 6/���—
Pl�one: _��� Z_ I S� 4- 6/ 2 _
Email: _�I��—� �...`7- � r��,,'( _ c�U.� _
cf-
ARTICLE IX. TI:XAS LAW
"I'his Contr•act is being executed and delivered and is intended to be peri'or•med in thc State oi�1'exas, the la�vs ot "I�exas
governing the validity, construction, enforcement and interpretation of this Contract�. 'TIiIS CONTRACT IS
PrRFORMABI�E IN, AND �I�HL EXCLIJSIV� VENIIE I��OR ANY AC"1�ION I3ROU�IHT WIT'I-I RESI'ECT
IIERETO SIiAI.L LIB 1N, DTN"I'ON COi1NTY, TFXAS.
ARTICLr X. PARTIL;S I30UND
This Gontract is binding on a►�d inures to the benert of the parties and theii• respective heirs, executors, administrators,
legal representatives, successors, and assigns, where permitted by this Contract.
�TZ7`ICLE XL TIM� OF CSS�NSI�,
'1�ime is ol'the essence in this Contract. `�,
G �'�
ARTICLE XII. PRIOR AGREEMENTS SUPERSEDED
This Contract constitu�es the sole agreement of the par•ties and supersecles any prior understandings, or written or oral
agreements between the parties, if any, related to the Property and the subject matter• of this Contract, and inay be
amended oi• supplemented only in writing executed by the party against whom enforcement is sought...
ARTICLE XIII. GENDER
Words of any gender• used in this Contract shall be held and construed to include any other gender, and woi•ds in the
singular number shall be held to include the plural, and vice versa, unless the context requires otherwise.
ARTICLE XIV. HEADINGS
The headings contained in this Contract are for reference purposes only and shall not in any way affect the meaning
or interpretation of the Contract.
ARTICLE XV: CONTRACT EXECUTION
This Contract of Sale may be executed in any number of counterparts, all of which taken together shall
constitute one and the same agr•eement, and any of the parties hereto may execute this Agreement by signing any such
counterpart.
ARTICLE XVI: BUSINESS DAYS
If the Closing Date or the day of performance required or peimitted under this Contract falls on a Saturday,
Sunday, or Denton County holiday, then the Closing Date or the date of such performance, as the case may be, shall
be the nexY following regular business day.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above
written.
d.��.,.___
��«Pr P�b(i
; ��� BONNIE ELUQTT
Notary ID # 5065145
� � �� � My Gommissi0rn Expires
L. .� �'J�(-!h �. L�2�
� w,:-.
_ ° ,�
Jrr�L�-�D18
"PURCHAS R"
R � �.�,a�
AUTHORI SIGNATUR
I
TYPED NAM . � � �� �� � � �
r !�l l�`t � t/`� tf''
/i
TITLE: t,� �` v� ��
� / �-r- �.. I S - �- (� ( 2-
PHONE NUMBER
CITY OF DENTON, TEXAS
A Texas Municipal Coiporation
:
TODD HILEMAN
CITY MANAGER
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORN ,� __--
� �� ��.
By: - .,�� -� —
STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, on this day personally appeared the aforementioned parties, known to me
to be the person and ofiicer whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same as the act and deed of the City of Denton, a municipal coiporation of the State of Texas, for the
purpose and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� day of ��_. 2418.
'�'��N�(� L:L�-��Ti
Notary Public in and for the State of Texas
�«a"�b<<�.. BONNIE ELLIOTT
, '�� Notary ID # 5065145
J My Commission Expires
. / March 1. 2021
.
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RFP 6735 BID TRACT 4
ELECTRIC EASEMENT
City of Denton, Texas, Tracf
BEING a 0.649-acre tract of land situated in the R.B. Longbottom Survey, Abstract No. 775, in
the City of Denton, Denton County, Texas, being part of a called 1.9126-acre tract of land as
described in Deed to the City of Denton, Texas, and recorded in Document No. 2012-130856 af
the Official Records of Denton County, Texas (O.R.D.C.T.), and being more particularly
described as follows:
BEGINNING at a 2-inch iron pipe found at the northeast corner of said 1.9126-acre tract,
common with the northwest corner of the remainder of a called 1.09-acre tract of land, as
described in Deed to Marco Enterprises, Inc., and ZB Eagle Partnership, as recorded in
Document No. 93-50539 of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.),
and located in the existing southerly right of way line of U.S. Highway 380 (E. University Drive, a
variable width R.O.W.);
THENCE South 00°07'Q4" West, departing the existing southerly right of way line of said U.S.
Highway 380, and along the east line of said 1.9126-acre tract, passing a found 1/2—inch iron
rod with cap stamped "KAZ" at the southwest comer of said 1.09-acre remainder tract and the
northwest corner of a called 0.49 acre tract of land, as described in Deed to Zimmerer Real
Properties, �LP, as recorded in Document No. 2011-115033 (O.R.D.C.T.), at a distance of
175.03 feet, and continuing for a total distance of 318.88 feet to a 5/8-inch iron rod found at the
southeast corner of said 1.9126-acre tract, same being the southwest comer of said 0.49 acre
traat, and located in the north line of a called 30.58-acre tract of land as described in Deed to
Dirt Whisperer, LLC, and recorded in Document No. 2017-53130 (O.R.D.C.T.), from which point
a found 1/2—inch iron rod with cap stamped "KAZ" bears No�th 30°12'12" East, a distance of
1.71 feet;
THENCE North 88°42'18" West, departing the west line of said 0.49 acre tract, and along the
common south iine of said 1.9126-acre tract and the north line of said 30.58-acre tract, a
distance of 104.98 feet to a point for corner.
THENCE North 04°02'17" East, departing the north line of said 30.58-acre tract, a distance of
261.60 feet to the intersection with the common northerly line of said 1.9126-acre tract and the
existing southerly right of way line of said U.S. Highway 380;
THENCE North 82°56'a7" East, along the last stated common line, a distance of 12.07 feet to
an aluminum disk stamped "TXDOT" found for corner;
THENCE North 37°53'07" East, continuing along said common line, a disiance of 73.3? feet to a
1/2-inch iron rod with cap stamped "RPLS 3688" found at the beginning of a non-tangent curve
to the left, having a central angle of 00°27'49", a radius of 3757.29 feet, and a chord bearing
and distance of South 82°45'41" East, 30.40 feet;
THENCE in a southeasterly direction, along the common northerly line of said 1.9126-acre tracfi,
the existing southerly right of way line of said U.S. Highway 380, and said curve to the left, an
arc length of 30.40 feet to the POINT OF BEGINNING, and containing 0.649 acres of land,
more or less.
L� �
DME 13222 — Parce127 City o/ Denton Tract Page 1 of 4
2 of 5
RFP 6735 BID TRACT 4
This document is for review purposes only and shali not be recorded for any purpose, and shali
not be used or viewed or relied on a finai survey document. Texas Board of Professionai Land
Surveying rule 633.18 (C).
NOTE; Bearrngs are referenced to Grid North of the Texas Coordinate System of 1983 (North
Central Zone 4202: NAD83 (2019) EPOCH 2O10) as derived locally from Western Data
Systems Continuously Operating Reference Stations (CORS) via Rea/ Time Kinematic (RTK}
methods. The distances shown hereon represent surface va/ues utilizing an Average
Combination Factor of 9.000947317 to scale from grid to surface.
An Easement Exhibit of even date herewith accompanies this Legal Descriptron, See Exhibit "8"
��
�
DME13222 — Parce/ 27 Ciiy of Denton Tract Page 2 of 4
3of5
RFP 6735 BID TRACT 4
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1I2' CIRF
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CREEKSlDE ADDITIOW
CAB. E, PAGE 195
P.R.D.C.T.
LOT1
BLOCK 1
BUDf3Ei SELF
STORAGC^-DENTON, LTU.
DOC. Nd. 2007-67808
O.R.D.QT.
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S 82°56'07" W-�-
......45.02�..: i
_
CITY OF DENTON, TEXAS �
CALt.ED 1.8126 ACRES
DOC. NO. Z012-130856
O.R.D.C.T.
ALUMINUM a8K .: +
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0 30 60 120
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SCA�E� 1" = 60'
teague nall & perkins
1517 Centra Placa Drivs. S�Ne 320
OsNon, Taaa� 76205
,�7 . 940.383.4177ph 940.3l3.8026fx
2 �
� � �v�,,,; www.tnpinatom
T.B.P.LB. Fitm No. 70071601
D/RT WNISPF_RER, LLC
CALLED 30.58 ACRES
DOC. NO. 2017-63130
O.R.D.C.T.
THIS DOCUMENT WAS
RELEASED ON MARCH 06,
2018 FOR REVIEW
PURPOSES ONCY. BY
MARVIN KING, RPLS NO.
5581. THIS DOCUMENT
SHAII NOT BE RECORDED
FOR ANY PURPOSE. TEXAS
BOARD OF PRpFESSIONAI
LAND SURVEYING RULE
633.18 (C).
�
I
x
P
i
W
�
I
�
1 O�
��4�INWIIN
Y IRON PIPE FND.
(C14�
CON� CURB
MARCO ENTERPRtSES, 1NC.
AND ZB EAGLEPARTMERSHIP
REMAIiYDER OF
C4LLED f.09ACRETRACT
DOC. NO. 93-60539
R.P.RD.C.T.
i
A�� /
---woao �rvcE
� 1/2' ClRF'KAZ•
(CM)
ZIMMERER REAL
PROPERTtES, LLP
CALLED 0.49 ACRES
QOC. NO. 2011-115033
O.R.D.C.T.
1/2' CIRF "KAZ•
�8EAR3 N 30'1212• E. 1.7}•
� 5J8' IRF (CMI
SEE PAGE 4 OF 4:
FOR L.EGEND, LINE Ti4BLE,
f�WD IVO'PES
��
�-
� - _
��� R'M 6/��i�
BEING 0.649 ACRE ELECTRIC EA3EMENT
SRUATED IN THE R.B. LONGBOTfOM SURVEY
ABSTRACT NO. 775
CITY OF DENTON, DENTON COUNTY, TEXAS
4 of 5 DME13222
PAGE 3 OF 4
NOTES:
RFP 6735 BID TRACT 4
Bearings of lines shown hereon are referenced to Grid No�th of the Texas Coordinate System of 1983 (North Centrai
Zone: NAD83{2011) EPOCH 2O10) as derived locally from Western Data Systems Continuously Operating Reference
Stations (CORS) via Real Time Kinematic (RTK) methods. The distances shown hereon represent surtace values
utilizing an Average Combination Factor of 1.000147317 to scale from grid to surface.
2. A legal description of even date herewith accompanies this Easement Exhibit. See Exhibit "A".
3. This exhibit was prepared without the benefit of a current Title Commitment or Encumbrance Report. Additional
easements, rights-of-way andlor other matters of record may affect this tract that are not shown hereon.
CURVE TASLE
C RV ARC �ENGTH RA I DELTA ANG�E CNORD BEARING CHORD LENGTN
C1 30.40 3757.29 0'27 49 S 82'45 41 E 30.40
L/NE TABLE
INE BEARING �DISTANCE
L1 S 00'07 04 W 318.88
�2 N 88'42 18 W 104.98
�3 N 04'0217 E 261.60
�4 N$2'56 07 E 12.07
L5 N 37'53 07 E 73.37
LEGEND
CN.CULATEO POIM
O 1/2 IRON ROD FOUNO (UI�IESS NOTED OTHERWSE)
(CM COMROLLING A10NUTAEM
E ELECTRiC tliiLltY
FlRE FIYDRANT'
IAONROR WELI
POWER POIE
UCFR POLE
SWRARY SEWER W►NHOLE
STORM DRNN A4WHOLE
SICN
� TELEPHONE UT0.rtY
� WATER METER
EASEMENT BOUND,ARY
RIGHT—OF—WAY L1NE
PROPERTY LX�IE
-- — — — EASEYENi lNE
—ONE— ^ —OFE— — — ELECTRIC IJNE
—x x FENCE LNE
teague nall & perkins
1 S 17 Centn Place Oriw, Suib 320
� Danbn. Toxa< 76205
940.383.4177 ph 940.3D3.8026 fx
.;+�;�:. ;a .;��,�> www.iepirfe.com
�� 4'° T.B.P.L.S. FIm�No.100N601
THIS DOCUMENT WAS
RELEASED ON MARCH 06,
2018 FOR REVIEW
PURPOSES ONLY. BY
MARVIN KING, RPLS NO.
5581. THIS DOCUMENT
SHA�I NOT BE RECORDED
FOR ANY PURPOSE. TEXAS
BOARD OF PROFESSIONAL
LP.ND SURVEYING RULE
633.16 (C).
�\ ���
i�
Ei.Errii'c ����
BEING 0.649 ACRE ELECTRIC EASEMENT
SITUATED IN THE R.B. IONGBOTTOM SURVEY
ABSTRACT NO. 775
CIN OF DENTON, DENTON COUNTY, TEXAS
5 of 5 DME13222
PAGE 4 OF 4
House 13i11 89 - Government Code 2270
V�Tl�IFICATION
I� ���,�a,� c(,�; �? ��,,,G��s��,, � the undersigned representative of
��,� <>��-� ���o��t'���- �c_ - Conlpany or Business name (hereafl:e�� r•eferred to as company),
being an adult over ie age of eighteen (l8) years of age, verify that the company named-above,
under the pr�visions of Subtitle F, Title 10, Government Code Chapter 2270:
1. Does not boycott Israe{ currently; and ,
2. Will not boycott Israel during tlie term of the contract the above-named
Company, business or individual with City of Denton.
Pza�^sucrnt to Section 2270.001, Texas Government Code:
1. "Boycott I.S�r^ael " means refi�sing to dec�l with, terminatr.'ng Uusiness activities with, o�^ other^wise
taking any action that is intended to penc�lize, inflict economic har�m on, oN limit comjnercial
relc�tzons specifically with Is�^ael, or wit1� a person oi� entity doi�g business in I.s�^ael o� in an
Isi�aelr'-controlled tef��ito�y, l�ut does not� include crn act�ion mczde for� c�rdi�cz�y business
pu�pose,s; and
2. "Company" means a,for���ofit sole proprieto�ship, or�ganization, association, c�rporation,
partnership, joint ventur^e, limited par�tnership, limited liabztity pa��tner°ship, or any limited
liability company, including a wholly owned subsidiary, mc�jority-owned subsidicz�y, pa�ent
company o� af�liate of those entities oj� business associations that exist to n�ake a profit.
� e-v� � %r � �� Ur,r �.-e_e��it.-
Name of Company Representative (Print)
,� � �� �
�
i�,��-�r��' � _ =���rJz�-L.
��Si�natu��e of Com ny Representative
� ,' � i � � -z a � �-
Dat
9
�enate Bill 252 -Govet•nment Code 2252
C.�RT��F�ICATION
r, �E-� � �, � � �%, �_ ,` ,.��,,,,,�ti.- , the undersigned representative of
���,�„ �,,,,�,�, j�� w� �'s ��, e..,,j',' �� , ��,.., �' (Company or business name) being an
adult over the age of eighteen (18) years of a�;e, pursuant to Texas Uovernment Code, Chapter 2252,
Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the
website of the Comptroller of ihe State of Texas concerning the listing of companies that are
identi�ec� under Section �06.OS l; Section 807.051 or Section 2253.153. I further certify that should
Che above-named cornpany enter into a contract ihat is on said listing of companies on the website af
the Comptroller of the State of Texas which do business with Iran, Sudan ol• any Foreign Terrorist
Organization, i will immediateiy notify the City of Denton's Materials Management Department.
{ �
� `�' � v� a �,- � � ' �.:: � c�lit Gt�ck.17J/'li
Name of Company Representative (Print)
� �
, �
�._ -�{,l.r�z� �i , ; : �-r-t�r��..�-L �
,�' S i nature o� C pany Representative
,� . �/ �� , � �_ � i �-
at
la
City of' Denton
►1�I3 6735 — Sale of Real Property
ATTACHMENT A-CONFLTCT OF II�IT��REST QUCS'T'IONNAIRE
CONFLICT QF INTEREST QUESTIONNAIR� -
For vendor or other person doing busincss with local governmental entity
This qucstionnai��e reflects changes made to the law by F�.[3. 23, 84Ch I.eg., I2e�ular Session.
FORM CIQ
This questionnaire is bein� filed in accordance with Ghapter f76, Local Coverntnent Code, by a ventlor ���ho has a business relationship as
defincd by Section 176.001(I-a) u�ith a local governmental entit}� and t9�e vendor meets rec�uirements uncler Section 176.U06(a).
�3y law this questionnaire must be filed with the records administrato�� of the local government entity not I�ter than the 7th business day afier
tl�e d2te t9�e vendor becomes aware of fact�s ehat require the statement� to bc filed. Sec� Section 176.006(a-i), Local Government Code.
A vendor commits an offense ii'fhe vendor� I<nowingly violates Section 176.046, L,ocal Government Code. An offense under this section is a
misdemeanor.
?�r�rnc of vcndor �vho has at busincss rclationship with local govcrnmcntal cntity.
❑ Chccl< this box if you arc tiling an up<i:�tc to a preF�iously filcd qucstionnairc.
('1'he la�� reqi�ires that y�u file .�n updated compicted qucslionnairc ��vith lhe t�ppropria�c liling authority not l�jter than thc 7", busincss di�y aflcr U1e
date on whieh vou becailie aware that thc ori�inaliy filed questionnaire wa's incompletc or in<�ecurate.)
�'�mc of local govcrnmcnt ofticcr ahuut whom thc inform:�tion in this sectiou is bcing disdoscd.
r��,,,� �rorr����
� his scction. {item 3 includinb subparts �l, 13, C& D), must Ue completcd ('or each ofliccr with whum lhe vcndor has an en7ploymcnt or olhcr busincss rclalionship
�is tietincd by Section 176.001{1-a), I_ocal Government Code. /�ttach additional pagcs to [his Porm C1Q as neccssnry.
A. ls the local government of(icer numed in this section rcceiving or likcly to i•eceive taxable incomc, olhcr than investment incotne, from the vendor?
� Ycs � No
t3. Is th� vendor rccciving c�r likcly to rcceive t��xab(e income, other th�3n invcstment inct�mc, frt�m a• tu lhe direclion of the local governn�cnt ol7iccr
named in this section AND thc t<�x�blc income is not reccived fr�>m (hc local governmcntal cnti�y'?
� Yes � iVo
C. Is the (iler of this yues(ionnaire empl���ed by a coiporation or other business entity ��,�ith respc:ct to which thc local government ot�ficer servcs as an
ol�liu;r or dircclor, or holds ��n o��vncrship ol�onc percent or morc?
� Yes � No
D. 1)cscribe each employment or business and family reiationship N�ith th� local governmcnl of(iecr namcd in �his section.
1 hrivc nn Conflict of Intcresl to disclosc.
ofvendor
r� / "��/�
> Lc�2t2'r�P./7-�' - (! � �I � � � — -----
� ' --- -- — -
siness ��vith thc govcrnmcnla) cz�tity D��tc
Il�l3 C735 — Main Document Page l0 of I 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, A TEXAS HOME-RULE
MUNICIPAL CORPORATION, APPROVING THE SALE OI�� AN APPROXIMATE 1.9126
ACRE OF LAND, ABSTRACT NO. 775, CITY OF DENTON, DENTON COUNT, TEXAS,
TO THE SUCCESSFUL BIDDER, ZIMMERER REAL PROPERTIES, LLP, A TEXAS
LIMITED PARTNERSHIP, FOR THE TOTAL CONSIDERATION OF $154,379.79;
AUTHORIZING THE CITY MANAGER IN ACCORDANCE WITH TEXAS LOCAL
GOVERNMENT CODE 253.001 TO EXLCUTE A CONTRACT WITII ZIMM�RER REAL
PROPLRTIES, LLP, TOGETH�R WITH ANY OTHER DOCUMENTS NECESSARY TO
SELL AND CONVEY SAID REAL PROPERTY; AND PROVIDING AN EFFECTIVE DATE.
(IFB 6735- SALE OF REAL PROPERTY LOCATED AT 2910 EAST UNIVERSITY DRIVE
IN THE AMOtJNT OF $154,379.79.)
WHEREAS, the City finds that it is in the best interest of the City to accept the proposal
frotn Limmerer Real Properties, LLP to purchase the property; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The City Manager, or his designee, is authorized to approve Bid No. 6735,
and execute a Real Estate Contract, and any other doeuments necessary for the disposition oi an
approximate 1.9126 acre tract of land, located in Abstract no. 775, City of Denton, Denton
County, Texas.
SECTION 2. This Ordinance shall becoine effective immediately upon its passage and
approval.
The nlotion to approve this ordinance was made by
by , the
following vote � - �:
Aye
Chris Watts, Mayor:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Dalton Gregory, At Large Place 5:
Paul Meltzer, At Large Place 6:
and seconded
ordinance was passed and approved by the
Nay Abstain Absent
PASS�D AND APPROVED this the day of , 2018.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFLR WALTERS, CITY SECR�TARY
:_
APPROVED AS TO LEUAL FORM:
AARON LEAL, CITY ATTORNEY
c� �.��,�� � � �
EY: -� �
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
���,� I�Illlll�uuuuuuu��ii www.cityofdenton.com
��������'���
Legislation Text
File #: ID 18-856, Version: 1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
authorizing the approval of a second amendment to a Professional Services Agreement between the City of
Denton and D&S Engineering Labs, LLC, for the construction of Cell 3B, C, D and associated site
improvements for the City of Denton Landfill; providing for the expenditure of funds therefor; and providing
an effective date (File 6508- second amendment expenditure amount not-to-exceed $29,648.95 for a total
contract amount not-to-exceed $129,548.95). The Public Utilities Board recommends approval (6-0).
City of Denton Page 1 of 1 Printed on 6/15/2018
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
__ City of Denton
�_ — _ city xall
`�t� Illllllllllllllll�l�uuuuuul�l�ll 215 E. McKinney Street
� Denton Texas
�
�
www.cityofdenton.com
DEPARTMENT:
CM:
DATE:
SUBJECT
AGENDA INFORMATION SHEET
Materials Management
Todd Hileman
June 19, 2018
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
authorizing the approval of a second amendment to a Professional Services Agreement between the City
of Denton and D&S Engineering Labs, LLC, for the construction of Cell 3B, C, D and associated site
improvements for the City of Denton Landfill; providing for the expenditure of funds therefor; and
providing an effective date (File 6508- second amendment expenditure amount not-to-exceed $29,648.95
for a total contract amount not-to-exceed $129,548.95). The Public Utilities Board recommends approval
(6-0).
FILE INFORMATION
On July 18, 2017, the City Council approved the construction of new landfill cells that will provide the
community with waste disposal capacity for the next six (6) years. During the construction of new landfill
cells, the Texas Commission on Environmental Quality (TCEQ) requires the project have an approved
Soils and Liner Quality Control Plan (SLQCP) prepared under the direction of a registered professional
engineer. The SLQCP includes information regarding the testing and quality control of the landfill cell
liner, soil, concrete, and other construction materials. On August 28, 2017, the City Manager approved a
professional services agreement with D&S Engineering Labs, LLC to produce the SLQCP and perform
quality control inspections associated with the construction of landfill cells 3B, C, D in the not-to-exceed
amount of $78,310.
To date, D&S Engineering Labs, LLC has provided on-site quality control during all liner construction,
geomembrane placement, and materials testing. During the course of construction, D&S identified quality
control issues which resulted in reconstruction and retesting to ensure the construction is completed in
accordance with all regulatory requirements. As a result, additional work above and beyond the initial
scope of service was required in order to complete the construction in a timely and effective manner. The
first amendment, approved on May l, 2018, increased the total contract amount to $99,900. Based on
consultation with D&S Engineering Labs, LLC, staff anticipates a second amendment in the amount of
$29,648.95 will be sufficient to complete the SLQCP and the remaining quality control required in
construction bringing the total contract not-to-exceed amount to $129,548.95.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved the Professional Services Agreement with D&S Engineering Labs,
LLC of Denton, Texas on August 14, 2017.
City Manager approved the Professional Services Agreement with D&S Engineering Labs of Denton,
Texas on August 28, 2017.
On June 1 l, 2018, the Public Utilities Board (PUB) recommended this item to the City Council for
consideration.
RECOMMENDATION
Approve second amendment of the professional services agreement in an amount of $29,648.95 for a total
contract not-to-exceed of $129,548.95.
PRINCIPAL PLACE OF BUSINESS
D&S Engineering Labs, LLC
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
Cell Construction is projected to take approximately 240 days and is nearing completion.
FISCAL INFORMATION
The testing for the construction of Landfill Cell #3 is funded through the Solid Waste & Recycling capital
improvement program account 660172595. PO # 182571 has been entered into the Purchasing software
system. The total budget for Landfill Cell 3 Construction project is $3,937,624. The D&S Engineering
Labs, LLC portion of the budget represents about 3% of the overall project budget.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Sustainable & Environmental Stewardship
Related Goal: 2.5 Develop Capital Improvement Program (CIP) based on community
needs
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Amendment 2
Exhibit 3: Ordinance
Respectfully submitted:
Karen Smith, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Ethan Cox at 940-349-7421
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF D�NTON, TEXAS, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A SECOND AMENDMENT TO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN TH� CITY OF DENTON AND D&S
ENGIN�ERING LABS, LLC, FOR THE CONSTRUCTION OF CELL 3B, C, D AND
ASSOCIATED SITE IMPROVEM�NTS FOR THE CITY OF D�NTON LANDFILL; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFEC"I'IVE DA"I,E
(FILE 6508- SECOND AMENDM�NT EXPENDITURE AMOUNT NOT-TO-EXCEED
$29,648.95 FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $129,548.95).
WHEREAS, on August 28, 2017, the City Manager approved a contract to D&S Engineering
Labs, LLC, in the amount of $78,310 for Cell 3 Liner Construction and Improvements of the
Landf 11; and
WHEREAS, on May l, 2018, the Purchasing Manager approved amendment one to contract
to D&S Engineering Labs, LLC, increasing the contract total to $99,900 for additional services; and
WHEREAS, the Staff having recommended, and the City Manager having recommended to
the Council that an amendment be authorized to amend such contract agreement to provide
addifional professional services in the construction of Cell 3B, C, D and Associated Site
Improvements, and an increase in the payment amount, and said fees under the proposed contract are
fair and reasonable and are consistent with and not higher than the recommended practices and fees
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 L The Second Amendinent, increasing the amount of the contract between the
City and D&S Engineering Labs, LLC, which is on tile in the office of the Purchasing Agent, in the
amount of Twenty Nine Thousand Six Hundred Forty Eight and 95/100 ($29,648.95) Dollars, is
hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said
amendment. The total conti•act amount increases to $129,548.95.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by and seconded by
, the ordinance was passed and approved by the following
vote [ - � :
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District l:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Dalton Gt�egoiy, At Large Place 5:
Paul Meltzei•, At Large Place 6:
PASSED AND APPROVED this the day of , 2018.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTFRS, CITY SECRETARY
�
APPROVED AS TO LEGAL FORM:
AAROI�T LE<4L, �ITY ATTQRNEY
BY:
DocuSign Envelope ID: E5556FC1-E20E-45B4-A54E-B60AAA6C1157
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Docusign City Counci) Transmitta) Coversheet
FILE 6508
File Name Amendment 2- Cell 3 Inspection and Testing
Purchasing Contact Jamie Cogdell
PUB Target Date �une 11, zols
City Counci) Target Date �une 19, zols
Contract Value 129, 548.95
Piggy Back Option No
Contract Expiration
Ordinance
DocuSign Envelope ID: E5556FC1-E20E-45B4-A54E-B60AAA6C1157
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
SECOND AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND D&S ENGINEERING LABS. LLC
fFII,E NO. 65081
THIS SECOND AMENDMENT TO CONTRACT (hereafter the "Second
Amendment") to that certain Contract by and between the City of Denton, Texas and D&S
Engineering Labs, LLC (hereafter the "Agreement") in the original not-to-exceed amount
of $78,310.00, which was heretofore executed on Au�ust 28, 2017, and was approved
within the delegated authority of the City of Denton Purchasing Agent; and said Agreement
was heretofore entered into by and between the City of Denton, Texas, a Texas Municipal
Corporation with its offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter
the "CITY"); and the firm of D&S Engineering Labs, LLC (hereafter "D&S") with its
offices at 1101 Shady Oaks Dr., Denton, TX 76205.
D&S has substantially completed the initial work called for in the original
Agreement; and the City deems it necessary to further expand the services as referenced in
Exhibit B of original contract provided by D&S to the CITY for engineer testing that is
needed above the original scope of services, and provide an additional services in the
amount $29,648.95, for an aggregate of $129,548.95.
NOW THEREFORE, the CITY and D&S (hereafter collectively referred to as the
"Parties"), in consideration of their mutual promises and covenants, as well as for other
good and valuable considerations, do hereby AGREE to the following Second Amendment,
which amends the following terms and conditions of the said Agreement, to wit:
l.
The provisions of Article II. "Scope of Basic Services" of the original contract are
hereby amended to add the additional language as follows, to wit:
"Additional services are needed for final completion of construction materials
testing for Cell 3 Liner Construction and Improvements for City of Denton Landfill per
(Exhibit B) of original contract.
2.
The provisions of Article V"Compensation" in the original agreement shall
instead read, "Section B- Billing and Payment: For and in consideration of the
professional services to be performed by the CONSULTANT herein, the OWNER agrees
to pay, based on the cost estimate detail at an hourly rate shown in Exhibit B, a total fee,
including reimbursement for direct non-labor expenses not to exceed $129,548.95".
1
DocuSign Envelope ID: E5556FC1-E20E-45B4-A54E-B60AAA6C1157
3.
The Parties 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 both the Agreement and now the
First Amendment shall be, and will remain in full force and effect.
IN WITNESS WHEREOF, the City of Denton, Texas and the D&S Engineering
Labs, have each executed this Second Amendment by and through their respective duly
authorized representatives and officers on this day
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
:
Todd Hileman, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I�
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
DocuSigned by:
By: (,a�V'V'� r,b�,�,tS{�t-V'
"D&S"
D&S ENGINEERING LABS
A Texas Limited Liability Corporation
DocuSigned by:
,�aSbl�, j�jV'OTu,c,V'S
B�� 6&E65BE5�E�...
AUTHORIZED SIGNATURE, TITLE
2
Vice President
DocuSign Envelope ID: E5556FC1-E20E-45B4-A54E-B60AAA6C1157
Exhibit 1
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July 17, 2017
Proposal No.: P17-159 (Revised)
Mr. Randall Morris
Landfill Manager
City of Denton
Randall.Morris@cityofdenton.com
Subject: Construction Materials Testing Services
Cell 3 Liner Construction and Improvements
City of Denton Landfill, TX
Dear Mr. Morris:
D&S Engineering Labs (D&S Engineering) is pleased to submit this proposal for construction materials
testing for the above referenced project. We understand that the project entails a new cell liner and
improvements to the existing City of Denton Landfill at 1527 South Mayhill Rd in Denton, Texas.
PROJECT INFORMATION
Based on our review of the project plans and specifications, we understand that the project will consist of
the following:
♦ Cell 3 Liner (21.6 +/- Acres):
• Subgrade prep
• 2-foot-thick compacted soil liner
• 60 Mil Textured Geomembrane
• Double Sided Geocomposite
• Leachate Collection Trench
. Anchor Trench Backfill
• Liner Tie-In Construction
• Protective Cover
♦ Truck Scale and Pavement:
• Concrete walls and slab
. 6-inch compacted paving subgrade
• 6-inch lime treated paving subgrade
. 10-inch Portland cement concrete paving
u�m��� ��������, ���,����,w� 11015had Oaks Dnve. D��������,�w�w���� �aw��w�w �mm������m����
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y , enton, Texas 76205-7938
Phone:940.7353733 • Fax:940.591-6570 • www.dsenglabs.com
Texas Engineer Firm Registration # F-12796
Oklahoma Engineering Firm Certificate of Authorization CA 7181
DocuSign Envelope ID: E5556FC1-E20E-45B4-A54E-B60AAA6C1157
Cel13 Liner Construction & Site Improvements
Denton, Texas
SCOPE OF SERVICES
The following scope of services is based on our review of project documents and is limited to providing
testing and/or observations for the previously mentioned construction. We do request that your
construction representative provide us with a 24-hour noiice for scheduling purposes. As such, we agree
to provide the appropriate personnel to perform the below construction materials services.
Earthwork
➢ Obtain and perform laboratory moisture/density relations (ASTM D698) and soil classification
tests (liquid limit, plastic limit and percent finer than no. 200 sieve analysis) for each soil type
➢ PerForm in-place moisture/density tests at the proposed rate of 1/8,000 square feet per 6
inches
➢ Perform in-place sieve analysis (ASTM D 1140) at the rate of 1/100,000 square feet with a
minimum of 1 per 6 inches
➢ Atterberg Limits (ASTM D 4318) at a r rate of 1/100,000 square feet with a minimum of 1 per
6 inches
➢ Permeability (ASTM D 5084) at a rate of 1/100,000 square feet with a minimum of 1 per 6
inches
Drainase A��re�ate
➢ Test for calcium carbonate content (ASTM D 3042 modified) & gradation (ASTM D 422) at a
minimum frequency of 1 test per 3,000 cubic yards or per lined area.
Protective Cover
➢ Visual observation
Geos nthetics ualit Assurance
➢ Visual Observation of delivery of geomembranes
➢ Conformance testing (specific gravity, carbon black content, carbon black dispersion,
thickness, and tensile properties) at a rate of 1/100,000 square feet of installed.
➢ Visual observation of installation
➢ Panel placement recording
➢ Field seaming observation and testing
Geotextiles
➢ Visual Observation of delivery, testing, installation, and repairs
Reinforcin� Steel
➢ Perform reinforcing steel observation which will include:
■ verify number and size of bars
■ verify clearance between bars and spacing
■ verify securing, tying and chairing of bars
Cast-In-Place Concrete
➢ Perform testing during concrete placements, which will include:
DocuSign Envelope ID: E5556FC1-E20E-45B4-A54E-B60AAA6C1157
Cel! 3 Liner Construction & Site lmprovements
Denton, Texas
perform ambient and concrete temperature determinations
perform entrained air content determination
perform slump determination
➢ Cast concrete test cylinders at the proposed rate of 5/100 cubic yards of concrete placed for
pavement, or fraction thereof placed per day
➢ Compressive strength determination of concrete test cylinders with one tested at 7 days,
three tested at 28 days and one held in reserve
Notes and Quali�cations:
If a compliance letter, sealed by a professional engineer, is required at the end of the project, please let
us know upfront. A compliance letter is not included in the above scope of services. If one is required,
additional fees will be incurred.
COMPENSATION
While testing is dependent on the construction sequence, contractor performance and efficiency, weather
conditions, and the actual testing performed, we suggest an estimated budget of $78,310. The invoicing
for this project will use the attached Fee Schedule and the attua/ guantity of work performed. The
estimated budget will not be exceeded without prior approval. Services provided by D&S Engineering will
be consistent with the engineering standards prevailing at the time and in the area� that the work is
performed; no other warranty, express or implied, is intended.
A Letter of Agreement for your execution will be forwarded to your office upon your approval of this
proposal.
We appreciate the opportunity to provide you with our services. Please call if you have any questions or
wish to discuss any aspect of our proposal.
Sincerely,
D&S Engineering Labs LLC
��,� � �� r" ,�� � �.��
C„��� ��-
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�Jaw �n Brothers, E.I.T.
Vice President
Attachments: Budget Estimate
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Exhibit 2
House Bi1189 - Government Code 2270
VERIFICATION
I 7ason Brothers
�
the undersigned
representative of �&s Engi neeri ng �abs Company or Business name
(hereafter referred to as com�an�), being an adult over the age of eighteen (18)
years of age, verify that the company named-above, under the provisions of
Subtitle F, Title 10, Government Code Chapter 2270:
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract the above-named
Company, business or individual with City of Denton.
Pu�suant to Section 2270.001, Texas Gove�nment Code:
1. "Boycott Is�ael " means �efusing to deal with, te�minating business activities
with, o� othe�wise taking any action that is intended to penalize, inflict
economic ha�m on, o� limit comme�cial �elations specifically with Is�ael, o�
with a pe�son o� entity doing business in Is�ael o� in an Is�aeli-cont�olled
te��ito�y, but does not include an action made fo� o�dina�y business
pu�poses; and
2. "Company" means a fo� p�ofit sole p�op�ieto�ship, o�ganization,
association, co�po�ation, pa�tne�ship, joint ventu�e, limited pa�tne�ship,
limited liability pa�tne�ship, o� any limited liability company, including a
wholly owned subsidia�y, majo�ity-owned subsidia�y, pa�ent company o�
affiliate of those entities o� business associations that exist to make a p�ofit.
7ason Brothers
Name of Company Representative (Print)
DocuSigned by:
,�aSbl�, j�jV'OTu,c,V'S
Sig�i��i�B�i��Company Representative
5/30/2018
�ate
DocuSign Envelope ID: E5556FC1-E20E-45B4-A54E-B60AAA6C1157
Exhibit 3
Senate Bi11252 -Government Code 2252
CERTIFICATION
I 7ason Brothers , the undersigned
representative Of D&S Engineering Labs
(Company or business name) being an adult over the age of eighteen (18) years of
age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and
Section 2252.153, certify that the company named above is not listed on the
website of the Comptroller of the State of Texas concerning the listing of
companies that are identified under Section 806.051, Section 807.051 or Section
2253.153. I further certify that should the above-named company enter into a
contract that is on said listing of companies on the website of the Comptroller of
the State of Texas which do business with Iran, Sudan or any Foreign Terrorist
Organization, I will immediately notify the City of Denton's Materials
Management Department.
7ason Brothers
Name of Company Representative (Print)
DocuSigned by:
,�aSbl�, j�jV'OTu,c,V'S
ig�i�����ompany Representative
5/30/2018
�ate
DocuSign Envelope ID: E5556FC1-E20E-45B4-A54E-B60AAA6C1157
Exhibit 4
CONFLICT OF INTEREST QUESTIONNAIRE -
For vendor or other person doina business with local aovernmental enti
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
FORM CIQ
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
Name of vendor who has a business relationship with local governmental entity. NA
� Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business
day after the date on which you became aware that the oriqinally filed questionnaire was incomplete or inaccurate.)
Name of local government officer about whom the information in this section is being disclosed.
NA
Name of Officer
This section, (item 3 including subparts A, B, C& D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Goveinment Code. Attach additional pages to this Form CIQ as necessasy.
A. Is the local goveinment officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
� Yes � No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local goveinment officer
named in this section AND the taxable income is not received from the local goveinmental entity?
� Yes � No
C. Is the filer of this questionnaire employed by a crnporation or other business entity with respect to which the local govemment officer seives as an
officer or director, or holds an ownership of one percent or more?
� Yes � No
D. Describe each employment or business and family relationship with the local goveinment officer named in this section.
NA
❑ I have no Conflict of Interest to disclose.
DocuSigned by:
,�aSbl�, j�jV'OTu,c,V'S
'��d��$��6€doing business with the goveinmental entity
5/30/2018
Date
Certificate Of Completion
Envelopeld:E5556FC1E20F45B4A54EB60AAA6C1157
Subject: Please DocuSign: City Council Contract 2nd REVISION 6508 Amendment 2
Source Envelope:
Document Pages: 10 Signatures: 5
Certificate Pages: 6 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original
5/30/2018 4:43:38 PM
Signer Events
Jamie Cogdell
jamie.cogdell@cityofdenton.com
Senior Buyer
City Of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jason Brothers
jbrothers@dsenglabs.com
Vice President
D&S Engineering Labs
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 5/30/2018 8:46:01 PM
ID:3c6ebffb-83db-4147-a68d-f3ac9c2b6a38
Larry Collister
larry.col lister@cityofdenton.com
First Assistant City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 9/26/2017 2:27:28 PM
ID:01f5f868-f109-4e29-ad49-21db9046c882
Jamie Cogdell
jamie.cogdell@cityofdenton.com
Senior Buyer
City Of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Holder: Jamie Cogdell
Jamie. Cogdell @cityofdenton.com
Signature
� pl�t�
Using IPAddress: 129.120.6.150
,�, DocuSigned by:
pII .')aSb�n, �l�b{iu,t^S
'*-76736AEBSBE54CE..
Using IPAddress: 71.129.229.96
Signed using mobile
oo��s�yoea ny:
� Ca(�sf�r
38A6D90FD93B4AB...
Using IPAddress: 129.120.6.150
����,
�
��������
Status: Sent
Envelope Originator:
Jamie Cogdell
901 B Texas Street
Denton, TX 76209
Jamie.Cogdell@cityofdenton.com
IP Address: 129.120.6.150
Location: DocuSign
Timestamp
Sent: 5/30/2018 4:48:18 PM
Viewed: 5/30/2018 4:49:07 PM
Signed: 5/30/2018 4:51:38 PM
Sent: 5/30/2018 4:51:40 PM
Viewed: 5/30/2018 8:46:01 PM
Signed: 5/30/2018 8:46:39 PM
Sent: 5/30/2018 8:46:43 PM
Viewed: 6/7/2018 11:28:50 AM
Signed: 6/7/2018 11:28:59 AM
Sent: 6/7/2018 11:29:02 AM
Signer Events
Tabitha Millsop
tabitha.millsop@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Hileman
Todd. Hileman@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
I D: 57619fbf-2aec-4b 1 f-805d-6bd7d9966f21
Jennifer Walters
jennifer.walters@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jennifer Bridges
jennifer. bridges@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Signature
Signature
Status
Status
Status
Status
Status
Timestamp
Sent: 6/7/2018 11:29:02 AM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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File #: ID 18-927, Version: 1
Legislation Text
AGENDA CAPTION
Consider approval of the minutes of May l, May 7, May 8, May 15, and May 22, 2018.
City of Denton Page 1 of 1 Printed on 6/15/2018
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CITY OF DENTON CITY COUNCII, MINUTES
May l, 2018
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, May l, 2018 at 12:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Hudspeth, Council Member Duff, Council Member Ryan, Council
Member Gregory, Mayor Pro Tem Bagheri, and Mayor Watts.
ABSENT: Council Member Briggs
1. Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda Items.
2. Requests for clarification of agenda items listed on the agenda for May l, 2018.
There were no requests for clarification of agenda items.
3. Work Session Reports
A. ID 18-712 Receive a funding recommendation report from the Community Development
Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC), and
hold a discussion and give staff direction regarding these recommendations, activities, and
the proposed 2018 Action Plan for Housing and Community Development.
Barbara Ross, Community Development Manager, presented the staff report concerning the
funding recommendations. She noted the Committee meetings, training for organizations and
organization submission along with February and March presentations to the Committee to discuss
the proposed projects. She noted the funding history of the CDBG Funds and HOME Funds.
Proposed 2018-19 funding was based on last year's funding until the allocation was received from
the Federal government.
Council discussed how the allocation was divided between the two activities of Human Services
and Community Development.
Community Development Advisory Committee Chair Larry Varnes presented the funding
recommendations from the Committee. He noted the CDBG/HOME sources of funding and the
proposed funding recommendations.
Council discussed the types of repairs included in the minor repair program and funding for the
street, water and sewer repairs.
Hannah Garcia, Chair-Human Services Advisory Committee, presented the Committee's
recommendation for funding. She noted the primary service activities involved in the funding
requests.
Council discussed funding for Boys/Girls Club.
Garcia continued with topics that the Committee felt were important for consideration including
affordable housing, work force wage earnings, and employee retention in the service organizations.
City of Denton City Council Minutes
May l, 2018
Page 2
Ross presented the next steps in the process and noted that the Action Plan was posted on the City's
website.
B. ID 18-721 Receive a report, hold a discussion, and give staff direction regarding policies,
procedures, and contractual agreements with non-profit agencies.
Bryan Langley, Deputy City Manager, presented the staff report on policies, procedures and
contractual agreements with nonprofit agencies. He noted the background information on the
general audit report recommendations on the Parks Foundation. It was noted that there were broad
recommendations that could apply to other nonprofit organizations. Keep Denton Beautiful,
Denton Animal Support Foundation, and Friends of the Denton Public Library were other
organizations that were reviewed in terms of procedures and policies in their contractual
agreements. He presented recommendations for the three organizations for policies and
procedures.
Council discussion included:
• Proceed but with caution to build and confirm the relationships that the City had with these
organizations and that no damage would be done to those relationships
• Consider changing the responsibilities of the Parks Board as it was no longer involved with
beautification
• Keep Denton Beautiful current location, the rent associated with that location and whether the
staff should be located in a city facility
C. ID 18-773 Receive a report, hold a discussion and give staff direction regarding the
construction of the G. Roland Vela Athletic Complex capital project.
Gary Packan, Director of Parks and Recreation, presented the staff report on the complex capital
project. He noted questions from the prior council meeting and corresponding answers. Options to
consider included #1 which was to proceed as designed, #2 redesign the facility by removing the
concession area and the breezeway; #3 included aprefabricated structure with restroom/concession
only and addition to storage facility; and #4 included prefabricated structure with
restroom/concession only with family changing area with a storage cube and utilities box to be
added. He noted that the appropriate number of restrooms was raised at the last meeting and
presented details regarding the assumptions for the number of suggested restrooms. He also
presented a restroom and concession options summary for all components of the costs along with
the total funding summary.
Council Member Hudspeth noted that he was in favor of Option 1.
Council Member Duff stated that he favored Option 1.
Council Member Briggs arrived at the meeting.
Council discussed the specific costs for restrooms, the concession stand, and the breezeway.
Mayor Watts stated that he had questions for the contractor regarding costs such as HVAC.
City of Denton City Council Minutes
May l, 2018
Page 3
The contractor explained that they subbed out some of the tasks that were more specialized by
taking bids from companies and proceeded from there.
Council Member Briggs stated that she was not in favor of Option 1 and suggested splitting the
proj ect with the City as the general contractor.
Council Member Gregory stated that he favored Option 1 as it met programming goals; allowed
for tournaments which also favored other aspects in the community; and was the most flexible.
He suggested using construction management for future projects.
Mayor Pro Tem Bagheri favored Option 3.
Council Member Ryan was in favor of Option l.
Mayor Watts stated that he favored Option 1 with no further similar construction costs in the future
unless there was justification on the costs.
Consensus of the Council was to move forward with Option 1.
Following the completion of the Work Session, the Council convened in a Closed Meeting to
consider the specific items listed below under the Closed Meeting section of this agenda.
Closed Meeting:
A. ID 18-682 Deliberate regarding Real Property - Under Texas Government Code 551.072;
Consultation with Attorneys - Under Texas Government Code Section 551.071
Discuss, deliberate, and receive information from staff and provide staff with direction
pertaining to an Airport lease reimbursement request where the deliberation of same in an
open meeting would have a detrimental effect on the position of the governmental body in
negotiations with a third person or potential litigation. Consultation with the City's attorneys
regarding legal issues associated with an Airport lease reimbursement request where a public
discussion of these legal matters would conflict with the duty of the City's attorneys to the
City of Denton, the Denton City Council, and the Council Airport Committee under the
Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the
City's legal position in negotiations or potential litigation.
B. ID 18-729 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.
Discuss and deliberate strategies and opportunities for the City to acquire natural gas for the
DEC and enter into agreements regarding the same; receive a presentation from staff
regarding public power competitive and financial matters for the purchase of natural gas
under an existing Base Contract for the Purchase and Sale of Natural Gas with Enterprise
Products, LLC, for the operation of the Denton Energy Center ("DEC"). Consultation with
the City's attorneys regarding legal issues associated with the agreements described above
where discussion of these legal matters in an open meeting would conflict with the duty of
City of Denton City Council Minutes
May l, 2018
Page 4
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.
C. ID 18-772 Deliberation regarding Personnel Matters - Under Government Code Section
551.074; Consultation with Attorney - Under Texas Government Code Section 551.071.
Deliberate and discuss the evaluation, duties, discipline, procedures, and contract of the City
Attorney.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City
Hall.
Council Member Briggs was not present for the meeting.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas
flags.
2. PROCLAMATIONS/PRESENTATIONS
A. ID 18-678 National Day of Prayer
Mayor Watts presented the proclamation for National Day of Prayer.
B. ID 18-680 Elite Material and Logistics Solutions 20-Year Celebration
Mayor Watts presented the proclamation for Elite Materials and Logistics Solutions 20 year
celebration.
C. ID 18-681 Children's Mental Health Awareness Day
Mayor Watts presented the proclamation for Children's Mental Health Awareness Day.
D. ID 18-689 Motorcycle Safety and Awareness Month
Mayor Watts presented the proclamation for Motorcycle Safety and Awareness Month.
E. ID 18-725 The Mayor's Day of Concern for the Hungry
Mayor Watts presented the proclamation for the Mayor's Day of Concern for the Hungry.
F. ID 18-788 Drinking Water Week
Mayor Watts presented the proclamation for Drinking Water Week.
City of Denton City Council Minutes
May l, 2018
Page 5
3. PRESENTATION FROM MEMBERS OF THE PUBLIC
A. Review of procedures for addressing the City Council.
B. Receive Scheduled Citizen Reports from Members of the Public.
L ID 18-602 Stephanie Reinke regarding updated services that Children's Advocacy
Center for Denton County provides for the Denton community.
Ms. Reinke provided information on updated services that the Children's Advocacy Center for
Denton County provided for Denton County.
2. ID 18-676 Pat Smith regarding the Neighbor Helping Neighbor Program.
Pat Smith presented information on the Neighbor Helping Neighbor Program which connected
those without resources who needed help with home repairs to those who wanted to help.
3. ID 18-699 Carlie Kuban regarding a new Serve Denton Center.
Ms. Kuban presented information on the new Serve Denton Center which would house nonprofit
organizations to assist citizens with needs.
4. ID 18-714 Nathaniel Johnson regarding Parks and Recreation fees.
Mr. Johnson was not present.
C. Additional Citizen Reports
Willie Hudspeth spoke regarding the lack of African Americans and Hispanics in the Denton Fire
Department. He noted that the NAACP could no longer use the Community Room at the Central
Fire Station.
4. CONSENT AGENDA
Mayor Pro Tem Bagheri motioned, Council Member Hudspeth seconded to approve the Consent
Agenda and accompanying ordinance and resolutions. On roll call vote, Council Member
Hudspeth "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member
Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried
unanimously.
Ordinance No. 18-237
A. ID 18-237 Consider adoption of an ordinance of the City Council of the City of
Denton, Texas repealing Ordinance No. 2014-060; approving and adopting the "2018
Denton Municipal Electric - Energy Risk Management Policy" ("2018 ERMP");
authorizing and approving the execution by the Mayor, or his designee, of the 2018
ERMP; expressly delegating authority as provided in the 2018 ERMP; authorizing
and approving the subsequent execution of such other ancillary and related
City of Denton City Council Minutes
May l, 2018
Page 6
documents, including, without limitation, contracts, nominations, certificates,
assignments, licenses, directions, instruments, confirmations, orders and statements
as are authorized by the 2018 ERMP, which are incident to or related thereto;
confirming and ratifying that the City of Denton, Texas, its Mayor, its City Council
Members, its City Manager, or his designees, its City Attorney, or his designees, and
its City Secretary, or her designees, shall be authorized and empowered to perform
such acts and obligations as are reasonably required to consummate those future
transactions which are provided for and authorized by the 2018 ERMP; finding that
the purchase of electricity, natural gas and related commodities are exempt from the
requirements of competitive bidding; adopting significant recitations, findings and
conclusions, as are set forth in the preamble of the ordinance; that the purchase of
electric energy, natural gas and related commodities are made by the City under the
terms of the "Denton Municipal Electric - Energy Risk Management Policy" is in the
public welfare of the citizens of Denton, Texas and the Denton Municipal Electric
Ratepayers; authorizing the expenditure of funds therefor; providing an effective date.
Ordinance No. 18-585
B. ID 18-585 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, accepting competitive proposals and awarding a
public works contract for the replacement of the roof at City Hall Main, South Branch
Library and Fire Station No. 1 for the City of Denton; providing for the expenditure
of funds therefor; and providing an effective date (RFP 6683- awarded to Globus
Management Group, LLC, in the not-to-exceed amount of $1,354,772.13).
Ordinance No. 18-683
C. ID 18-683 Consider adoption of an ordinance of the City of Denton establishing Rates
and Fees for City owned property and facilities upon Denton Enterprise Airport; and
declaring an effective date. The Council Airport Committee recommends approval
(2-0).
Ordinance No. 18-686
D. ID 18-686 Consider adoption of an ordinance of the City of Denton, Texas
terminating the August 15, 2017 Airport Lease Agreement between the City of
Denton and GAhangars, LLC; and providing an effective date. The Council Airport
Committee recommends approval (2-0).
Ordinance No. 18-696
E. ID 18-696 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, rejecting any and all competitive bids under IFB
6755 for the physical natural gas supply to provide fuel for the Denton Energy Center;
and providing an effective date (IFB 6755). The Public Utilities Board recommends
approval (5-0).
Ordinance No. 18-717
F. ID 18-717 Consider adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager, or his designee, to reimburse One Hundred Forty-Nine
Thousand Three Hundred Dollars ($149,300) to Denton Med Trans, LLC for site
City of Denton City Council Minutes
May l, 2018
Page 7
grading and main sewer line installation for Airport development site improvements;
authorizing the expenditure of funds and an effective date. The Council Airport
Committee recommends approval (2-0).
Ordinance No. 18-726
G. ID 18-726 Consider adoption of an ordinance of the City of Denton, Texas, granting
the Denton Mud Bug Boil, pursuant to Section 17-20 of the Code of Ordinances, a
noise exception on Sunday, May 6, 2018, from noon to 6 p.m. in a private parking lot
located at 1121 W. Hickory St.; granting a variance in hours of operation for amplified
sound levels for an outdoor event; and providing an effective date.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. Z17-0032b
A. Z17-0032b Consider adoption of an ordinance of the City of Denton, Texas, regarding
a change in zoning classification from Neighborhood Residential 6(NR-6) district
and use classification to a Neighborhood Residential 12 (NRMU-12) district and use
classification with an overlay on approximately 8.887 acres of land generally located
on the southwest side of Colorado Boulevard, approx. 315 feet northwest of San
Jacinto Boulevard, in the City of Denton, Denton County, Texas; adopting an
amendment to the City's official zoning map; providing for a penalty in the maximum
amount of $2,000.00 for violations thereof; providing a severability clause and an
effective date. This item was continued from the Apri13, 2018 City Council meeting.
Cindy Jackson, Senior Planner, presented the staff report regarding the continuation of the
consideration of the proposed development. The continuation was to work out an alternate access
plan for the development without going through the Villas of Piney Creek She reviewed the
options identified for the access point. The Planning and Zoning Commission recommended
approval with conditions.
Council discussed the conditions associated with the proposal and whether the options were
discussed with the developer.
Speaker Cards were submitted by:
Eric Schmitz, 207 W. Hickory, Denton — favor
Comment Cards were submitted by:
Daniel Kettler, 1925 Canyon Court, Denton — opposed
Marvin Jeffries, 9301 Grandview, Denton — support
Gudran Jeffries, 9301 Grandview, Denton — support
Lisa Kettler, 1925 Canyon Court, Denton — opposed
Mike Lanbert, 225 W. Hickory, Denton - support
Keith Jeffries, 3008 Blake, Corinth — support
Tammy Jeffries, 3008 Blake, Corinth — support
Colette Brandon, 1921 Canyon, Denton - opposed
City of Denton City Council Minutes
May l, 2018
Page 8
Council Member Hudspeth motioned, Mayor Pro Tem Bagheri seconded to adopt the ordinance
with the proposed overlay and the access points at the northern most access to the property. On
roll call vote, Council Member Hudspeth "aye", Council Member Duff "aye", Council Member
Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts
"aye". Motion carried unanimously.
Ordinance No. 18-687
B. ID 18-687 Consider approval of a resolution of the City Council of the City of Denton,
Texas requesting the State of Texas and Department of Public Safety ("TXDPS") to
take action to resolve significant concerns at the TXDPS Field Office located at 820
N Loop 288, Denton, TX; and providing an effective date.
Sarah Kuechler, Director of Public Affairs, presented the staff report on the proposed resolution.
She noted the background information concerning the significant concerns with the site as it was
an undersized facility, lacked parking and access and had substantial wait times. The building was
owned by the State and not subject to city regulations. State Representative Stucky's office
indicated that his office had begun discussions with the DPS on the City's concerns. The proposed
resolution would request the State and DPS to take action to identify and fund solutions.
Willie Hudspeth spoke about the conditions of the facility.
Council Member Gregory motioned, Council Member Ryan seconded to approve the resolution.
On roll call vote, Council Member Hudspeth "aye", Council Member Duff "aye", Council Member
Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts
"aye". Motion carried unanimously.
Ordinance No. 18-709
C. ID 18-709 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a contract
for the supply of emission system reducing agent (ammonia) for the Denton Energy
Center with Southern Ionics, Inc.; providing for the expenditure of funds therefor;
and providing an effective date (IFB 6701- awarded to Southern Ionics, Inc., in the
three (3) year not-to-exceed amount of $1,287,772.50). The Public Utilities Board
recommends approval (5-0).
Chris Lutrick, DME, presented the staff report for the ammonia contract. He noted the chemical
properties, industrial and household uses; the aqueous ammonia in the SCR; AA storage and
handling; the emergency response plan; and the summary of bids.
Council Member Hudspeth motioned, Council Member Gregory seconded to adopt the ordinance.
On roll call vote, Council Member Hudspeth "aye", Council Member Duff "aye", Council Member
Ryan "aye", Council Member Gregory "aye", and Mayor Watts "aye". Mayor Pro Tem Bagheri
"nay". Motion carried with a 5-1 vote.
Ordinance No. 18-727
D. ID 18-727 Consider adoption of an ordinance of the City of Denton authorizing the
City Manager, or designee, to execute a transaction confirmation for the purchase of
natural gas under an existing base contract for sale and purchase of natural gas
City of Denton City Council Minutes
May l, 2018
Page 9
between the City of Denton and Enterprise Products Operating, LLC, a Texas limited
liability company; and providing for an effective date. The Public Utilities Board
recommends approval (4-1).
Council Member Briggs arrived at the meeting.
George Morrow, DME General Manager, presented the staff report for the purchase of the natural
gas.
Council Member Gregory motioned, Council Member Ryan seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Duff "aye", Council Member
Ryan "aye", Council Member Gregory "aye", and Mayor Watts "aye". Council Member Briggs
"nay", and Mayor Pro Tem Bagheri "nay". Motion carried with a 5-2 vote.
6. PUBLIC HEARINGS
Ordinance No. 18-757
A. ID 18-757 Hold a fourth public hearing and consider adoption of an ordinance of the
City of Denton, Texas amending the Code of Ordinances, related to Chapter 2, titled
"Administration" Article XI, titled "Ethics"; providing for findings of facts; providing
a repealer; providing severability; providing codification; confirming proper notice
and meeting; and providing for an effective date.
Bryan Langley, Deputy City Manager, presented the staff report on the proposed ethics ordinance.
He noted the background information, key elements, revisions from Draft Version G to the current
proposed version; and noted changes as requested by Council Member Ryan in the ordinance.
The Mayor opened the public hearing.
Jennifer Lane, 152 Willowood, Denton - spoke in favor
Greg Johnson, 319 W. Oak, Denton — spoke in favor with an amendment that the
subcommittee meetings should be closed until findings were determined to move forward
with the complaint; more penalties in the ordinance for violations rather than just a letter
Erik Clark, no address given — suggested the meeting for the validity of the claim should
be closed or redact the name of complainant/accused until it was determined that there was
a cause for a hearing
Comment Cards were submitted by:
Matt Farmer, 1809 Redwood, Denton — support
Ed Steele, 321 W. Oak, Denton — support
Anne Sullivan, 2225 Pembrook, Denton — support
Willie Hudspeth, an additional speaker, was in support.
The Mayor closed public hearing.
City of Denton City Council Minutes
May l, 2018
Page 10
Council Member Ryan noted that the ability to withhold names for the subcommittee could be put
in the rules of procedures.
Council Member Gregory motioned to amend the ordinance that the issuance and enforcement of
subpoenas shall be only upon an affirmative vote by two thirds of the Board of Ethics. Council
Member Ryan seconded the motion.
Council discussed the proposed amendment and the effect it would have in the ordinance.
On roll call vote for the amendment, Council Member Ryan "aye", and Council Member Gregory
"aye". Council Member Hudspeth "nay", Council Member Briggs "nay", Council Member Duff
"nay", Mayor Pro Tem Bagheri "nay", and Mayor Watts "nay". Motion failed with a 2-5 vote.
Mayor Pro Tem Bagheri motioned, Council Member Briggs seconded to adopt the ordinance with
the changes as noted by staff. On roll call vote, Council Member Hudspeth "aye", Council Member
Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member
Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried
unanimously.
Ordinance Z17-0034b
B. Z17-0034b Hold a public hearing and consider adoption of an ordinance of the City
of Denton, Texas, regarding a change in the zoning classification from a Regional
Center Commercial Neighborhood (RCGN) zoning district to a Regional Center
Commercial Downtown (RCGD) zoning district and use classification on
approximately 0.808 acres of land generally located on the northeast side of the I-
35E, approximately 627 feet southeast of S. Mayhill Road in the City of Denton,
Denton County, Texas; adopting an amendment to the city's official zoning map;
providing for a penalty in the maximum amount of $2,000.00 for violations thereof;
providing a severability clause and an effective date. The Planning and Zoning
Commission recommend approval (7-0).
Cindy Jackson, Senior Planner, presented the staff report on the proposed rezoning. She noted the
current zoning and proposed zoning, analysis of the proposal with the Denton Plan 2030; zoning
compatibility; public facilities; notifications; and recommendations
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Council Member Ryan motioned, Mayor Pro Tem Bagheri seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem
Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
City of Denton City Council Minutes
May l, 2018
Page 11
Ordinance Z17-0033b
C. Z17-0033b Hold a public hearing and consider an ordinance of the City of Denton,
Texas, regarding assignment of an initial zoning classification to a Community Mixed
Use General (CM-G) zoning district and use classification on approximately 0.30
acres of land generally located on the east side of Old Alton Road, south of the
intersection of Old Alton Road and Teasley Lane in the City of Denton, Denton
County, Texas; adopting an amendment to the city's official zoning map; providing
for a penalty in the maximum amount of $2,000.00 for violations thereof; providing
a severability clause and an effective date. The Planning and Zoning Commission
recommends approval (7-0).
Cindy Jackson, Senior Planner, presented the staff report for the proposed initial zoning
classification. She noted the current and proposed zoning, analysis with the Denton Plan 2030;
zoning compatibility; public facilities; notifications; and recommendations.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Council Member Ryan motioned, Council Member Gregory seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem
Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
7. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from
the City Council or the public with specific factual information or recitation 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
Council Member Briggs noted the lack of bike racks in the Downtown area and suggested adding
more.
Council Member Briggs requested a Work Session/Closed Session regarding the purchase of small
stands of trees with the tree fund.
City of Denton City Council Minutes
May l, 2018
Page 12
Council Member Briggs requested an Informal Staff Report on first responders and a gap analysis
with other cities for counselling services for first responders.
Council Member Briggs suggested adding the number to call regarding loose dogs to the utility
bills due to the increasing number of loose dogs.
Council Member Briggs request Council consider passing a resolution to not turn on and operate
the DEC at a loss.
Council Member Ryan requested an Informal Staff Report on the time required to update the
Municipal Code on the website and the cost difference if the City took on the updates.
Council Member Ryan requested information on a 311 app for citizens to report issues.
Council Member Hudspeth suggested connecting with TWU in regards to the preservation of the
trees on the former golf course.
Mayor Watts noted that there were additional voting locations and information needed to get out
to the voters on where to vote.
B. Possible Continuation of Closed Meeting topics, above posted.
There was no continuation of the Closed Meeting.
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCII, MINUTES
May 7, 2018
After determining that a quorum was present, the City of Denton City Council and the Denton
Independent School District Board of Trustees convened in a Joint Meeting on Monday, May 7,
2018 at 11:00 a.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street,
Denton, Texas.
PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff,
Council Member Ryan, Council Member Gregory, Mayor Pro Tem Bagheri, and
Mayor Watts.
ABSENT: None.
1. Work Session Reports
A. ID 18-608 Call to order; announce quorum; introductions.
The Mayor called the meeting to order at 11:08 a.m.
Item C was considered first.
C. ID 18-610 Receive a report and hold a discussion on the Fast Growth School Coalition and
its efforts and legislation.
Jaime Wilson, Superintendent of DISD, reviewed the information in the analysis of Fast Growth
School Districts in Texas. FGD criteria included enrollment of at least 2500 students during the
previous year, and enrollment growth of the last five years of at least 10%, or a net increase of
3,000 or more students. Wilson stated that from 2000 to 2014, approximately $33.1 billion was
invested into construction projects in Fast Growth Districts. He stated enhanced funding options
for Texas schools could drive local economic growth in five primary ways: making Texas more
competitive for business investment; preparing students to enter the workforce; making Texas
more attractive for young families; strengthening local housing markets; and improving the overall
quality of life.
He reviewed the rising enrollment versus the State aid for school debt. He reviewed the local
economic impact. He stated that Denton ISD enrollment was over 27,559.
Council discussion included information on teacher salaries; economic impacts that affected the
DISD's ability to keep property taxes down; whether local preference is given on construction
projects.
B. ID 18-609 Receive a report and hold a discussion regarding the demographics and needs of
students and families in the Denton Independent School District, with an emphasis on those
within the City of Denton limits, and discussion of housing implications, including housing
tax credit developments.
City of Denton City Council Minutes
May 7, 2018
Page 2
Jaime Wilson introduced the consultant, Rocky Gardner, who presented the demographic update.
Gardner stated that Denton's unemployment rate was currently below 3%. In 2017, Denton ISD
started more than 2,000 homes, with roughly 35% of that activity within the City of Denton. The
City of Denton's average apartment yield was 0.15. The Bell and Paloma Creek Elementary zones
accounted for more than 40% of the total district annual closings in 2017. Denton ISD could
expect an increase of approximately 3,060 students during the next 5 years. 2022/23 enrollment
projection was 32,514 students. DISD was projected to enroll more than 35,623 students for the
2027/28 school year.
D. ID 18-611 Receive a report and hold a discussion regarding an update on Denton Independent
School District plans for future construction, land purchases, bond programs, or facility
changes.
Mario Zavala, Director of Communications for DISD, stated that the Denton ISD Board of
Trustees voted unanimously to call a$750.5 million Bond Election to be held on May 5, 2018.
The proposition would have $0 impact on the school district tax rate. Bond elections allowed
communities to vote, determining whether to give the Board of Trustees authority to sell bonds to
pay for items such as school construction, capital projects, technology, buses, and land acquisition.
Bonds were not allowed to be used for general operation budgets or salaries.
Zavala stated that they did a demographic study and growth projections, a facility condition
assessment, and an internal needs assessment. A 56-member citizen advisory committee was
formed that included residents and taxpayers representing a diverse cross-section of the district.
They held meetings over a 5-month period and split up into subcommittees that reviewed specific
areas for facility and program needs. Over 100 projects were studied, debated and prioritized. The
committee presented a recommendation to the Board of Trustees.
Zavala stated that Denton ISD was one of the fastest growing school districts in Texas, and was
consistently one of the fastest growing in the DFW area each year. Since the 2013 bond, 3200
new students had enrolled. In the DFW area, Denton ISD was ranked lst for most undeveloped
vacant lots and ranked 4th for home closings. He stated that Denton High, Calhoun MS, Strickland
MS, Newton Rayzor and Wilson Elementary were a combined 315 years old. 64% of the 2018
bond would address aging facilities through renovations or replacements. The current Denton
High campus was 35 acres and Braswell High's campus was 109 acres. They were actively
looking for land within the loop for the Denton High replacement. He stated that the results of the
2018 Bond Election would have no impact on the school district tax rate.
Zavala stated that the proposed bond package included construction of middle school #9,
elementary school #25, transportation facilities; additions to fine arts and athletic facilities; replace
Denton High, Newton Rayzor Elementary, Wilson Elementary; renovate Strickland; make capital
improvements at 21 schools and facilities; renovate and update fine arts and athletic facilities;
program additions at LaGrone ATC; renovate culinary spaces at GHS and RHS; renovate and
expand CTE classrooms at RHS; build new Ag Center; add and replace security cameras at all
schools; replace fiber; replace building control systems at 22 facilities; and add security features
at Davis and Windle.
City of Denton City Council Minutes
May 7, 2018
Page 3
Zavala stated that 2007 and 2013 Bond projects that were about to be completed included the
Guyer High School addition and the Support Services building. Future projects included the Union
Park Elementary School in Little Elm. Completed projects included Rodriguez Middle School in
Oak Point, and Bell Elementary and Braswell High School in Little Elm. Current land for future
school sites in the city of Denton only included 37.5 acres in Cole Ranch for a middle school and
91.7 acres for a high school; 14.4 acres in Country Lakes for an elementary school; and 100 acres
off of FM 428 for a high school.
E. ID 18-613 Receive a report and hold a discussion regarding a recent assessment of the City
of Denton's Aquatics Division and Facilities and the joint agreement between the City of
Denton and Denton Independent School District for shared use of the Natatorium.
Laura Behrens, Assistant Director of Parks and Recreation, presented an overview of the aquatics
facility. The facility included the Natatorium which had an indoor pool, a leisure pool, and a
competition pooL Water Works Park included an outdoor pool, slides, Lazy River, wave pool,
children's area, and concessions and cabanas. She stated that the City had another facility, the
Civic Center pool, which was not part of the Joint Use Agreement. She stated that PROS
Consulting was contracted to conduct an assessment to analyze current aquatic facilities and
operations.
Behrens presented key findings from the analysis which covered five areas. Staffing levels were
appropriate; however, there was a lack of administrative and marketing support. The allocation of
full-time staff for the Civic Pool needed to be re-evaluated. The joint use agreement was evaluated
and it lacked detail delineating roles, responsibilities, authority and cost sharing. They
recommended that the Natatorium Committee established by the agreement needed to start
meeting. Classification of services and cost recovery goals included Essential Service — tax
supported; Important — subsidized by taxes and fees; Value Added — users fees; and establish cost
recovery goals and develop strategies to achieve them. Opportunities to look at included
Efficiency / Effectiveness -technology, Revenue Generation — marketing, flexibility in pricing
strategies; and Policy and Procedures — pricing and outside food policy, task-time and cost of
services analysis.
Next steps included resuming regular meetings of the Natatorium Committee. The Committee
should be made up of two City of Denton staff inembers, two DISD staff inembers, and one citizen
that was j ointly appointed by the City and DISD. The Committee meeting on a regular basis would
improve communications between organizations, review of joint use agreement, and review and
update policies and procedures.
The recommendation also included developing and implementing technology upgrades; using a
work order management system for maintenance; and performing a full-time task analysis of City
Aquatics staff, review with Natatorium Committee, and use that method for cost allocation going
forward. The recommendation included developing a classification of services model and set cost
recovery goals for the facilities and programs and provide regular reporting and analyzing the
success of the programs; performing a full cost of service analysis (including direct, indirect,
administrative and overhead costs) across all functional lines of service to more accurately allocate
costs; providing updated data and metrics as the Water Works Park begins the first full season with
the wave pool and concession stand; consider allowing DISD employees to receive the discounted
City of Denton City Council Minutes
May 7, 2018
Page 4
rates; exploring advertising and naming ventures as an additional source of revenue; exploring the
potential to expand DISD programming and curriculum into the Natatorium. Upon initial review
of the assessment, staff has already begun to implement a number of items that were recommended
to begin the process of improving customer experience, safety, cost recovery and infrastructure.
Discussion followed regarding developing additional programs where free days or discounted days
were earned; looking for incentive packages in other communities to get additional attendance;
other missed marketing opportunities; additional partnership opportunities between the City and
DISD; forming a planning committee to discuss integration of Learn to Swim programs in PE
classes; seasonal recruitment for employment; and expanding water safety presentations in
elementary schools.
F. ID 18-614 Receive a report and hold a discussion regarding school safety, the School
Resource Officer (SRO) program and Memorandum of Understanding, the Hero's Helping
program, and any programs or services between the Denton Police Department and Denton
Independent School District.
Lee Howell, Chief of Police, stated that the mission of the School Resource Officer program was
the reduction and prevention of school related crime committed by juveniles and young adults.
This program was supported by a Memorandum of Understanding between the City and the DISD.
To accomplish the program, the Denton Police Department has assigned a police officer to each
of the three DISD high school campuses and each of the three DISD middle school campuses
within the city limits. These School Resources Officers were deployed to the campuses on a full-
time basis to provide a police presence and to help maintain a safe, secure, and orderly learning
environment for students and staff.
The MOU was reviewed and approved annually, and outlined the mission, goals, and the financial
aspects of the SRO program. Beginning July l, 2018, DISD has agreed to increase the
reimbursement to the City and provide for fifty percent of the annual salary and benefits of the
School Resource Officers assigned to all six of the middle and high school campuses within the
city limits.
Howell stated that the Denton ISD had started a project called "A Hero's Helping" on Mondays,
offering a free meal to uniformed law enforcement officers, fire, and military personnel in any of
the school district's cafeterias. The program was intended to provide opportunities for students
and staff to build relationships with first responders and provide an extra sense of security.
G. ID 18-802 Discuss and set future meeting dates, times, and locations.
2. Concludin� 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
City of Denton City Council Minutes
May 7, 2018
Page 5
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.
Council Member Briggs requested a breakdown of DISD students that were Denton residents, data
on homeless students, and information as to what campuses were doing to support their students
who might be food deprived.
With no further business, the meeting was adjourned at 1:45 p.m.
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCII, MINUTES
May 8, 2018
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, May 8, 2018 at 12:00 p.m. in the Council Work Session
Room at City Hall, 215 E. McKinney Street, Denton.
PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff,
Council Member Ryan, Council Member Gregory, Mayor Pro Tem Bagheri, and
Mayor Watts.
ABSENT: None.
1. Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda items.
2. Requests for clarif'ication of agenda items listed on the agenda for May 8, 2018.
Staff responded to the Council's requests for clarification on the following items:
Council Member Briggs - Consent Agenda item A
Council Member Briggs asked that Consent Agenda item D be pulled for individual consideration
as she would have to recuse herself. Council Member Briggs asked that Consent Agenda items E
and F be pulled for individual consideration.
Mayor Pro Tem Bagheri announced this was her last meeting and thanked everyone.
3. Work Session Reports
A. ID 18-652 Receive a report, hold a discussion, and give staff direction regarding the contract
administration audit findings and recommendations from Crawford and Associates, P.C.
Bryan Langley, Deputy City Manager, introduced the consultants who presented their audit
findings. They conducted on-site kickoff ineetings with City staff from Finance, the City
Manager's Office, and Procurement and Compliance. In addition to discussing the overall scope
of work, Compliance personnel provided information from departmental interviews regarding
contract administration and a master list of city-wide contracts. Contracts include procurement
contracts (goods and services), leases, memorandums of understanding, interlocal agreements,
construction contracts, hedging agreements, and other various types of agreements. From the
provided list of 868 contracts, they requested supporting documentation for 62 varying types of
agreements, which was provided from Procurement, City Secretary, and/or departmental records.
Crawford and Associates recommended the following improvements be made to the City's
contract administration:
l. Develop formal policies concerning overall contract management (roles and
responsibilities, binding authority, recordkeeping, and contract templates).
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2. Develop formal policies regarding federal awards to ensure compliance with Title 2 U.S.
Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements.
3. Review current written policies to ensure compliance with Uniform Guidance requirements
outlined in 2 CFR 200.317-.326.
4. Implement a routine training program for City employees who work with contracts and
grants.
5. Implement a review process to ensure Council approved contracts are executed for the
same amounts.
6. Implement a routine review of the contract administration process of all City departments
to ensure best practices of proper documentation, monitoring, and compliance.
7. Implement a system for tracking all City contracts.
8. Implement a formal process for the Legal department to timely notify other appropriate
City departments when a contract needs to be updated with new legal language.
City Management agreed with the reported findings and acknowledged there hac been deficiencies
in the contract administration process.
B. ID 18-651 Receive a report, hold a discussion, and give staff direction regarding the City's
Compliance and Procurement program and initiatives.
Cassey Ogden, Director of Procurement and Compliance, stated that the department was created
at the beginning of Fiscal Year 2017-18. Contract administration was identified as one of the top
five risks to the City. An outside firm was hired to conduct a contract administration audit. Staff
compiled a master list of all City contracts, both procurement and non-procurement. Compliance
conducted departmental interviews which identified several issues including inconsistencies in
contract templates, confusion about roles, responsibilities, processes, and approvals; lack of
centralized document storage for non-procurement contracts.
Ogden stated that Compliance and Purchasing personnel were currently working on the following
initiatives to further mitigate contract risk performing risk assessments of current procurement
contracts; conducting peer reviews of contract documentation prior to Council consideration;
utilizing an agenda checklist to ensure consistency between the contract and ordinance before
Council consideration; and conducting an additional Compliance review process, in conjunction
with the City Attorney's Office, for large procurement contracts over $2 million.
The following accomplishments have been achieved in quarters one and two of fiscal year 17/18:
Compliance has interviewed departments regarding contracts and current contract administration
processes; completed training and certification as Leadership Professionals in Ethics &
Compliance; purchased a contract management software solution to improve contract compliance,
track contract expenditures, and manage not-to-exceed amounts; assisted Crawford and
Associates, P.C. with contract administration audit; developed an ethics policy for all City
employees, in conjunction with Human Resources and the City Manager's Office; and developed
and facilitated ethics training classes for supervisors.
Procurement has implemented a non-disclosure/conflict of interest process and evaluation team
diversity standards; completed training on alternative delivery methods with attorney Tim
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Matheny; completed contract administration training; and reorganized the Distribution Center to
include Denton Municipal Electric logistics staff, consolidating resources, creating efficiencies,
and cross-training staff.
C. ID 18-720 Receive a report from staff and the Denton Parks Foundation, hold a discussion,
and give staff direction regarding 1) the implementation of recommendations related to a
review of the relationship between the Parks Foundation and the City of Denton, and 2)
potential options for future partnership opportunities between the Foundation and City.
Bryan Langley, Deputy City Manager, introduced Tim Smith and Molly Tampke with the Denton
Parks Foundation. He stated that they wanted to discuss the status of some of the findings of the
Parks Foundation review and some of the conversations that staff had been having with the
Foundation.
The City did not have a policy on how it was to conduct business with the Parks Foundation. There
was concern regarding "blurred lines" between the Foundation and City operations. City staff
supported Foundation operations in several capacities, but the exact details of this work was not
measured or explicitly authorized in an operating agreement. Recommendations were made in
four categories — accounting for Youth Sports Association fees, City operations, Foundation
operations, and Agreement with the Foundation/clarification of boundaries (assuming Foundation
and City move forward together).
The recommendation for Accounting for Youth Sports Association fees was that payments should
be remitted for field enhancements per the agreement or develop a new agreement with the
associations. Langley stated that task was completed and Council approved an ordinance in
February 2018. In Apri12018, the Foundation voted to transfer all YSA funds held to the City.
The recommendation for City operations was to implement a code of conduct policy; complete
annual conflict of interest disclosures for Council and department heads that focused on
transparency regarding with whom the City did business; and establish procedures for receipt and
expenditure of donations. Langley stated that those tasks were completed. A City employee ethics
policy was adopted by Council and the Council had adopted an ethics ordinance. Conflicts of
interest were required to be disclosed before the evaluation of formal solicitations. Donations and
related expenses were entered into Parks recordkeeping software and a sponsorship policy had
been drafted.
The recommendation for Foundation operations was to implement controls for cash handling and
procurement; develop conflict of interest and code of conduct policies; implement more timely
entry of financial transactions (within one to two weeks); set up procedures to ensure recording
and tracking of pledges; and enter addresses of its vendors in accounting software to identify
potential COL Langley stated that those tasks were completed. The Foundation Board had
approved new Donor, Accounting, Conflict of Interest, and Code of Conduct policies in April. A
Foundation policy was approved to enter financial transactions within three business days of
receipt.
The recommendations for an agreement with the Foundation and clarification of boundaries were
to evaluate relationship periodically; develop an agreement which set out the understanding of the
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relationship with the Foundation and City, clearly defining roles and expectations for each party;
develop policies and procedures around the interactions between the City and Foundation; define
how ROI or other metrics of performance should be calculated; and define a reporting mechanism
for communication and coordination purposes for the Executive Director of the Foundation to the
City. Implementation of these recommendations was dependent upon any future agreement
between the City and Foundation.
Langley stated that staff was seeking direction from City Council on whether there was an interest
in proceeding with developing an agreement with the Foundation to address short-term issues
identified — to accept and allow the Foundation to allocate donated funds for Youth Summer
Scholarships; permission to continue acting as the pass-through organization for the Youth Sports
Enhancement Fees; to allow the Foundation to continue acting as the pass-through and financial
oversight organization for civic organizations that utilize city facilities for their seasonal events
(i.e. Cinco de Mayo, Juneteenth); and to allow the Foundation to facilitate a 3-way Memorandum
of Understanding (MOU) for any donations that were made for specific improvements to city parks
and recreation department facilities or property that should be approved and/or reviewed by City
Council.
Council discussion included administrative support for the Foundation, function of the Foundation;
return on investment; clarify the blurred lines; to see proformas in the future; foundation raised
money but needed input from City as to how to spend it.
D. ID 18-739 Receive a report, hold a discussion, and give staff direction regarding the 2017
Reliability Indices for the electric distribution system and DME's actions taken to improve
reliability.
George Morrow, General Manager of DME, introduced Jerry Fiedler, Division Engineering
Manager of Distribution, who in turn introduced Brad Watts, Rowdy Patterson, and Sam Bridges,
Superintendents for DME operations. He stated that DME had a responsibility to provide reliable
service so when issues arose, response was quick to restore service. There were three emphases
in a reliability study: the number of events, the amount of time, and the customers affected. For
the study period, the top five causes to outage events were: small animals—mainly squirrels,
maintenance, decay/age of material/equipment, lightning, and material or equipment failure.
DME was looking for ways to improve its system reliability as a continual process. There would
always be worst performing feeders. DME was committed to continually look for new products
or applications that minimized the effects of causes that were out of their control, such as squirrels
and lightning.
Electric distribution systems would be capable of increased performance and reduced outage time
through distribution automation, or as it was commonly called the smart grid. DME was reviewing
all of its field control devices on the distribution system, and when appropriate, preparing them to
be Intelligent Electric Devices (IED's) capable of real-time data transmission and event monitoring
back to a head-end system called an Advanced Distribution Management System (ADMS). These
were the systems that would make Denton's "self-healing grid" possible. A simplistic approach
to ADMS' value was it would minimize the amount of time customers experienced an outage
(restored service to as many as possible while isolating the cause of the fault); could increase the
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efficiency (and lower the cost of energy) of the distribution system operation by applying counter
measures to operational issues such as power factor and low voltage; and give DME engineers,
system operators, and maintenance staff real-time data on the overall health of the system.
E. ID 18-275 Receive a report, hold a discussion, and give staff direction regarding the City of
Denton's special event processes, application requirements, common issues, and
recommendations for potential solutions.
Sarah Kuechler, Director of Public Affairs, stated that Council had requested a work session on
the City's policy and practices for special events. The current process was: over 80 special event
applications were reviewed each year; event applications were submitted to the Community Events
Coordinator in Parks & Rec at least six weeks prior to an event; currently 6 ordinances related to
special events (parades, food, fire code, amplified sound, alcohol in parks, and street closures).
Internal staff team has reviewed process, researched other municipalities, and developed
recommendations.
Kuechler stated that goals were to improve customer service, increase transparency, create
efficiencies, and ensure consistency between events. Recommendations were to adopt a special
events ordinance to establish policy, streamline the application, improve coordination of event
review, issue a special event permit to applicants clearing stating their event approval and any
contingencies that must be met; implement a single point of payment for applicants. The draft
ordinance included the following - increase insurance requirement; consistent submission
timeframe; request a parking plan and notification plan; clarify traffic responsibilities; repeal of
parade ordinance; in-kind service requests and reporting; revocation of a special event permit; and
exempted events.
Kuechler stated that aspects of a special event ordinance that required further discussion and
direction from Council included —
Appeals — Staff had included in the draft ordinance that all appeals of denials or revocations of a
special event permit be sent to the City Manager.
First Amendment Activity — Staff had proposed in the draft ordinance that individuals wishing
to hold a demonstration related to First Amendment activity be required to submit a special event
application and receive a permit prior to the demonstration.
Block Parties — Staff had proposed that neighborhood block parties be required to submit a special
event application, but would not be subject to fees or insurance requirements for the event.
City Council Approval — Another area of discussion was whether a special event permit would
need City Council approval if it met certain conditions.
Consensus of council was they were ok with staff approval of special events.
Following the completion of the Work Session, the City Council convened in a Closed Meeting to
consider the following items.
l. Closed Meeting:
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A. ID 18-777 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. Discuss and deliberate strategies and opportunities for
the City to acquire solar energy and enter into agreements regarding the same including a
Power Purchase Agreement with Bluebell Solar II, LLC.; receive a presentation from staff
regarding public power competitive and financial matters pertaining to the purchase of solar
energy; consultation with the City's attorneys regarding legal issues associated with the
agreement described above where discussion of these legal matters in an open meeting 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.
B. ID 18-812 Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Receive information from, consult with, deliberate, and provide direction to the City's
attorneys regarding monies paid by the City to the University of Texas at Arlington ("UTA")
related to (i) UTA's Solid Waste Institute for Sustainability; and (ii) UTA's research related
to and/or at the City's ECO-W.E.R.C.S. Resource Recovery Park 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. ID 18-836 Deliberate regarding Real Property - Under Texas Government Code 551.072;
Consultation with Attorneys - Under Texas Government Code Section 551.071 Discuss,
deliberate, receive information from staff, and provide staff with direction regarding the
potential purchase or condemnation of various fee simple tracts, utility easements, drainage
easements, and temporary construction easements in the City of Denton, Denton County,
Texas for the Bonnie Brae Street Widening and Improvements project, generally located
along Bonnie Brae Street, north of Interstate Highway 35East, and south of Scripture
Street. Consultation with the City's attorneys regarding legal issues associated with the
potential acquisition of real property interests in the tracts 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.
D. ID 18-837 Deliberate regarding Real Property - Under Texas Government Code 551.072;
Consultation with Attorneys - Under Texas Government Code Section 551.071 Discuss,
deliberate, receive information from staff, and provide staff with direction regarding the
potential acquisition of one or more real estate interests in a tract generally located in the G.
Walker Survey, Abstract No. 1330a, East of South Mayhill Road and North of Edwards
Road, in the City of Denton, Denton County, Texas which is related to both the Mayhill St.
Widening Project and the promotion of tree preservation in accordance with the Denton
Development Code and Denton Plan. Consultation with the City's attorneys regarding legal
issues associated with the potential acquisition of the tract 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
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Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position
in any administrative proceeding or potential litigation.
Following the completion of the Closed Meeting, the City Council convened in a Special Called
Meeting to consider the following items.
1. CONSENT AGENDA
Council Member Ryan motioned, Council Member Gregory seconded to approve the Consent
Agenda and accompanying ordinances with the exception of Items E and F. On roll call vote,
Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye",
Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye",
and Mayor Watts "aye". Motion carried unanimously.
Ordinance No. 18-284
A. ID 18-284 Consider adoption of an ordinance of the City Council of the City of Denton, a
Texas home-rule municipal corporation, nunc pro tunc, correcting an inadvertent mistake in
Ordinance No. 2016-172, relating to the dollar amount reflected in back up provided for RFP
Number 5641, awarded to Genuine Parts Company, d.b.a. NAPA Auto Parts; and providing
for an effective date.
Ordinance No. 18-335
B. ID 18-335 Consider adoption of an ordinance approving a pipeline crossing contract by and
between the City of Denton, Texas and the Kansas City Southern Railway Company relating
to the location of a City water pipeline within the railroad right-of-way, located at the
railroad's intersection with South Bonnie Brae at Mile Post D103.24 Alliance Subdivision,
within the County and City of Denton, Texas; authorizing the City Manager to execute the
Agreement; authorizing the expenditure of funds therefore; and providing and effective date.
(North-South 42-inch Water Transmission Main project - Phase 2) The Public Utilities
Board recommends approval (5-0).
Ordinance No. 18-549
C. ID 18-549 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-
rule municipal corporation, authorizing the City Manager to execute a Professional Services
Agreement with Teague Nall and Perkins, Inc., for engineering and architect services, for the
investigation of existing pavement failures on selected concrete streets as set forth in the
contract; providing for the expenditure of funds therefor; and providing an effective date
(RFQ 6590-001- Professional Services Agreement awarded to Teague Nall and Perkins, Inc.,
in the not-to-exceed amount of $173,400).
Ordinance 18-559
D. ID 18-559 Consider adoption of an ordinance of the City of Denton, Texas amending the
Fiscal Year 2017-18 Budget and Annual Program of Services of the City of Denton to allow
for increases to: (A) the General Fund of $2,190,291 for the purpose of funding the Vela
Soccer Complex project, and (B) the Capital Improvement Program of $7,643,619 for the
purpose of funding drainage, streets and parks capital projects; declaring a municipal
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purpose; providing a severability clause; providing an open meetings clause; and providing
for an effective date.
Ordinance No. 18-756
G. ID 18-756 Consider approval of a resolution of the City Council of the City of Denton, Texas
approving a policy and application to review housing tax credit requests; and providing an
effective date.
Ordinance No. 18-833
H. ID 18-833 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-
rule municipal corporation, to amend Ordinance No. 18-551 Passed and Approved on April
17, 2018 for administrative clarity in reflecting the vote submitted by each council member
as either Aye, Nay, Abstain, or Absent.
Item E was considered.
Ordinance No. 18-583
E. ID 18-583 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-
rule municipal corporation, accepting competitive proposals and awarding a public works
contract for the construction of the G. Roland Vela Athletic Complex for the City of Denton;
providing the expenditure of funds therefor; and providing an effective date (RFP 6671-
awarded to North Rock Construction, LLC, in the not-to-exceed amount of $5,692,727).
Council Member Gregory motioned, Council Member Ryan seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "nay", Council Member
Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem
Bagheri "nay", and Mayor Watts "aye". Motion carried (5-2).
Item F was considered.
Ordinance No. 18-584
F. ID 18-584 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-
rule municipal corporation, authorizing the City Manager to execute a Professional Services
Agreement with Freese & Nichols, Inc., to perform construction project management for the
G. Roland Vela Athletic Complex; and providing an effective date (RFQ 6590-002-
Professional Services Agreement for project management awarded to Freese & Nichols, Inc.
in the not-to-exceed amount of $188,909).
Council Member Gregory motioned, Council Member Ryan seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "nay", Council Member
Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem
Bagheri "nay", and Mayor Watts "aye". Motion carried (5-2).
2. ITEMS FOR INDIVIDUAL CONSIDERATION
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Ordinance No. A 18-0001 a
A. A18-OOOla Consider adoption of an ordinance of the City of Denton, Texas, setting a date,
and place for two public hearings on the proposed annexation of certain property generally
located on the south side of E. Ryan Road, east of the intersection of E. Ryan Road and
Andrew Avenue by the City of Denton, Texas, authorizing and directing the City Secretary
to publish notice of such public hearings.
Richard Canone, Director of Development Services, stated that this item set the annexation
schedule for this property. This property was part of a pre-annexation development agreement
from 2016.
Council Member Ryan motioned, Council Member Gregory seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem
Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance No. 18-283
B. ID 18-283 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-
rule municipal corporation, authorizing the City Manager to execute a Professional Services
Agreement for engineering and architectural design for various City of Denton parking lots;
providing for the expenditure of funds therefor; and providing an effective date (RFQ 6581-
awarded to Teague, Nall, and Perkins, Inc., in the not-to-exceed amount of $300,050).
Mario Canizares, Assistant City Manager, stated that this was for a professional services agreement
for engineering services for the reconstruction of City-owned parking lots due to poor pavement
condition. Request for Qualifications were conducted to select an engineering firm and Teague,
Nall & Perkins had been selected. He reviewed the list of parking lots that had been identified —
City Hall East, Denia Recreation Center, Civic Center, Service Center, and an alternative bid for
the McKinney Street parking lot.
Council Member Bagheri motioned, Council Member Gregory seconded to adopt the ordinance.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro
Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance No. 18-588
C. ID 18-588 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-
rule municipal corporation, accepting competitive bids and awarding a public works contract
for asphalt and concrete street repair services for the City of Denton; providing for the
expenditure of funds therefor; and providing an effective date (IFB 6730- awarded to Jagoe-
Public Company, in the one (1) year not-to-exceed amount of $10,000,000).
Todd Estes, Director of Capital Projects/City Engineer, stated that this was a contract for asphalt
and concrete street repair services. The contract would have a term of one year with a not-to-
exceed amount of $10,000,000. Invitations were sent to 407 contractors and only 2 responded.
Staff recommended a one-year contract to the lowest qualified bidder, Jagoe-Public.
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Council Member Gregory motioned, Council Member Ryan seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem
Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance No. 18-645
D. ID 18-645 Consider adoption of an ordinance of the City of Denton, Texas, providing for,
authorizing, and approving the expenditure of Hotel Occupancy Tax funds for public art
in the amount of $45,000 awarded to artist Paula Collins (File 6607) which is available from
only one source and in accordance with Chapter 252.022 of the Texas Local Government
Code such purchases are exempt from the requirements of competitive bidding and 2014
Bond funds for public safety-related public art in the amount of $9,300 awarded to
Kirkpatrick Architecture Studio for its professional services (File 6796) for the purchase and
installation of two brick sculptures depicting the history of the Denton Police Department to
be displayed on the exterior of City Hall East; authorizing the City Manager to execute any
agreements required under Files 6607 and 6796; and providing an effective date. The Public
Art Committee recommends approval (4-3).
Council Member Briggs recused herself.
Caroline Booth, Director of Economic Development, stated that this was about a public art project
at the Denton Police Department Facility. Over the past year the Public Art Committee has held
discussions on a public art proj ect for the exterior of the Denton Police Department Facility. After
a review of the committee's minutes, staff determined that no formal recommendation had been
made from the Public Art Committee to the Council regarding the project. Work on the project
was placed on hold in March so that the correct recommendation and approval process could be
followed.
Booth reviewed the background of this item. In April 2017, the Public Art Committee had the
initial discussion of the Denton Police Department's request to commission artist Paula Collins for
exterior brick sculptures and possible funding sources. No vote was documented in the meeting
minutes. In May 2017, $45,000 for the project was included in the PAC's HOT funds application
for FY17-18. In August 2017, the HOT Committee approved the PAC application and Council
approved the HOT Committee recommendation.
In November 2017, the City entered into a contract with Paula Collins for the sculptures. In
December 2017, the PAC discussed an additional funding request from the Denton Police
Department for engineering services to install the brick sculptures. No vote was documented in
the meeting minutes. In March 2018, the proj ect was placed on hold to be taken through the correct
PAC recommendation and Council approval process.
In April 2018, staff presented PAC with options, including stopping work with the current artist
and opening up the project for an RFQ process or proceeding with the current artist and taking the
project through the correct approval process. Several PAC members expressed concerns about the
project being procured through sole source instead of RFQ. Members requested staff assurance
that proper procurement and recommendation/approval processes would be followed with future
projects. Other members felt that due to time, research, and work already performed by the artist,
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it was best to proceed with the project as-is. The PAC recommended approval of the use of HOT
Funds for the brick sculpture and 2014 Bond funds for the engineering services project (4-3).
The ordinance would approve the expenditure of $45,000 from the FY 2017-2018 HOT Funds to
the artist Paula Collins and $9,300 from the 2014 Bond Funds Public Art Public Safety
(Kirkpatrick Architecture Studio).
Council Member Gregory motioned, Council Member Hudspeth seconded to adopt the ordinance.
On roll call vote, Council Member Hudspeth "aye", Council Member Duff "aye", Council Member
Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "nay", and Mayor Watts
"aye". Motion carried (5-1).
Ordinance No. 18-776
E. ID 18-776 Consider adoption of an ordinance of the City Council of the City of Denton, a
Texas home-rule municipal corporation, providing for, authorizing, and approving the
execution by the Mayor of a Power Purchase Agreement ("PPA") between the City of
Denton, a Texas home-rule municipal corporation ("Denton"), and Bluebell Solar II, LLC, a
Delaware limited liability company ("Bluebell Solar IP'); approving and authorizing the
acceptance and approval by the City Manager, or his respective designee, of guaranties and
letters of credit issued by Bluebell Solar II and NextEra Energy Capital Holdings, Inc., a
Delaware corporation ("NextEra Holdings"), further securing the obligations of Bluebell
Solar II to the City for the benefit of the City; approving the execution of such other and
further related documents deemed necessary to effectuate this transaction by the City
Manager, or his designee, which are incident or related to the PPA; finding that the PPA, as
redacted, pertains to a"competitive electric matter" as set forth under the provisions of
§§551.086 and 552.133 of the Texas Government Code, as amended; finding and
determining that the Texas Government Code §252.022(a)(15) applies to said Purchase
Power Agreement, exempting the procurement of electricity from the requirements of
competitive bidding; finding that the purchase of capacity and energy made by Denton under
the terms of the PPA are in the public welfare; authorizing the expenditure of funds;
providing an effective date.
George Morrow, General Manager of DME, stated that the City had issued a Request for Proposals
to purchase solar and/or wind energy for an extended term. As per the RFP, proposed projects
were evaluated based on price, location (i.e. congestion impacts), hourly production profile, and
past performance/experience on projects of similar magnitude/complexity. The Bluebell Solar II,
LLC. project proposal by NextEra Energy Capital Holdings was judged to be the highest ranking
of the respondents. Bluebell Solar II was a subsidiary created by NextEra Energy to own and
operate their proposed project. This project would be located adjacent to the Bluebell Solar I
project that was under construction and committed to the City of Denton. The Bluebell Solar I
project was scheduled to produce energy by December 31, 2018 for a twenty year term.
Council Member Briggs, Mayor Pro Tem Bagheri seconded to adopt the ordinance. On roll call
vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff
"aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri
"aye", and Mayor Watts "aye". Motion carried unanimously.
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Ordinance No. 18-844
F. ID 18-844 Consider adoption of an ordinance authorizing the execution of a settlement
agreement between the City of Denton and the Board of Regents of the University of Texas
System on behalf of the University of Texas at Arlington ("UTA") related to monies paid by
Denton to UTA for solid waste research and related activities at Denton's ECO-W.E.R.C.S.
resource recovery facility and including Denton's membership in UTA's Solid Waste
Institute of Sustainability; authorizing the City Manager and City Attorney to effectuate the
settlement; and, providing for an effective date.
Ethan Cox, Director of Solid Waste, stated that since 2009, the City of Denton had been involved
in a series of four interagency agreements with UTA in which the University performed research
projects at the City's landfill. The projects focused on the performance monitoring of various
landfill systems. In 2015, the City entered into a$400,000 agreement with UTA to provide
research and consulting services related to Solid Waste's landfill mining program. Also in 2015,
the City's Solid Waste department began participating as a charter member of UTA's Solid Waste
Institute of Sustainability (SWIS).
During the past year, there has been a concentrated effort by City staff to review the business
practices, programs, and budgeting methodology at the Solid Waste Department. As part of these
efforts, the staff briefed the City Council in September 2017 regarding the feasibility and financial
impact of the department's landfill mining operation. The Council elected to discontinue the
mining program to avoid projected annual losses in the range of $1 to $1.5 million.
Following the discontinuation of the mining program, staff performed an audit of the UTA
agreement as part of an effort to eliminate all mining program costs from the Solid Waste budget.
During this review, it was determined that payments had been remitted to UTA for work that could
not have been completed, as the landfill mining program had yet to be implemented. Shortly
thereafter, City staff engaged UTA to negotiate the return of unexpended funds from the
agreements, projects, and SWIS membership.
The settlement agreement attached for Council's consideration provides for the immediate return
of unexpended funds totaling $600,000 along with the potential return of an additional $26,000
following the financial closeout of the final agreement. As part of this settlement, the City of
Denton and UTA release one another from any disputes, claims, or demands related strictly to
these agreements, projects, and/or SWIS membership.
Council Member Gregory motioned, Council Member Ryan seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem
Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
3. 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
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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.
Council Member Gregory stated that Cycle with the City ride was Wednesday at 6 p.m.
Council Member Briggs asked for an update on the SUP landscaping plan for the landfill.
Council Member Briggs requested a staff report on the potential use of leaf trucks.
Council Member Briggs asked that staff reach out to the bike coordinator regarding the sidewalk
along Mingo Road.
Council Member Briggs asked when the Fire Station 4 ribbon cutting would be held and when
Medic 4 would be operational.
Council Member Briggs asked what was going to be done with the Kings Row Substation property.
Council Member Hudspeth announced that the new splash park was opening on May 12.
Council Member Duff asked about voting locations for the runoff election.
Mayor Watts read a Resolution of Appreciation for Mayor Pro Tem Bagheri. The Council roasted
Mayor Pro Tem Bagheri.
With no further business, the meeting was adjourned at 5:27 p.m.
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCII, MINUTES
May 15, 2018
The City Council convened in the Work Session Room on Tuesday, May 15, 2018 at 6:30 p.m. to
attend a reception honoring City Council.
After determining that a quorum was present, the City Council convened in a Special Called
meeting in the Council Chambers at 6:30 p.m.
PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff,
Council Member Ryan, Council Member Gregory, and Mayor Watts.
ABSENT: Mayor Pro Tem Bagheri.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas
flags.
2. ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 18-795
A. ID 18-795 Consider adoption of an ordinance canvassing the returns and declaring
the results of the Regular Municipal Election to elect two Council Members to Places
5 and 6 and a Mayor to Place 7 held in the city of Denton on May 5, 2018; declaring
that no candidate received the majority of votes cast for Place 5 and that a runoff
election is ordered to be held on Saturday, June 16, 2018; authorizing Runoff Election
Day polling locations; and providing an effective date.
Jennifer Walters, City Secretary, presented the final voting results for Places 5, 6 and 7. She noted
that Paul Meltzer and Chris Watts had received the required amount of votes to be elected to Place
6 and 7 respectively. She also noted that no one had received a majority of votes in Place 5 and
that a runoff election would be needed. The ordinance under consideration also included calling
that runoff election and noting the polling locations.
Council Member Gregory motioned, Council Member Ryan seconded to adopt the ordinance
canvassing the May 5, 2018 election for Places 6 and 7; ordering a runoff election for June 16,
2018 for Place 5; and approving the same polling locations for the runoff that were used for the
May general election. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs
"aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory
"aye", and Mayor Watts "aye". Motion carried unanimously.
B. ID 18-796 Oath of Office administered to newly elected Council Members.
Before the administration of the oath of office, Mayor Watts presented the newly elected members
with a Certificate of Election.
Jennifer Walters, City Secretary, administered the Oath of Office to Paul Meltzer, Place 6 and
Chris Watts, Mayor-Place 7.
City of Denton City Council Minutes
May 15, 2018
Page 2
C. ID 18-797 Election of Mayor Pro Tem.
Council Member Briggs suggested postponing this item until there was a full Council.
Council Member Duff motioned to nominated John Ryan as Mayor Pro Tem.
Council Member Ryan motioned to elect Dalton Gregory as temporary Mayor Pro Tem until the
Council canvassed the runoff election.
Council Member Hudspeth seconded Council Member Duff's motion.
Council discussed the pros and cons of not having a Mayor Pro Tem until the canvasing of the
runoff election and the procedures that were done in past meetings regarding the election of a
Mayor Pro Tem without a full council.
Council Member Meltzer motioned, Council Member Briggs seconded to postpone the
consideration of a Mayor Pro Tem until the date certain of the canvass of the runoff election. On
roll call vote, Council Member Hudspeth "nay", Council Member Briggs "aye", Council Member
Duff "nay", Council Member Meltzer "aye", Council Member Ryan "nay", Council Member
Gregory "aye", and Mayor Watts "aye". Motion carried with a 4-3 vote.
D. ID 18-798 Resolution of Appreciation for Dalton Gregory and Sara Bagheri.
Mayor Watts read the Resolution of Appreciation for Sara Bagheri.
Council Member Briggs motioned, Council Member Gregory seconded to approve the Resolution.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Duff "aye", Council Member Meltzer "aye", Council Member Ryan "aye", Council
Member Gregory "aye", and Mayor Watts "aye". Motion carried unanimously.
Mayor Watts noted that the Resolution of Appreciation for Council Member Gregory would be
considered at the canvassing meeting for the runoff election.
3. 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
City of Denton City Council Minutes
May 15, 2018
Page 3
imminent threat to the public health and safety of people in the municipality that has
arisen after the posting of the agenda.
Council Member Meltzer requested a Work Session on a plan to deal with road repairs and to
manage certain standards plus include best practices from other area cities.
Council Member Meltzer requested a Work Session on the Pec 4 drainage project and other
proj ects to reduce the flood plain area around the Downtown area. Include the feasibility of adding
bike/walk paths in the drainage easements.
Council Member Meltzer requested a review of options to address the shortfall in emergency
housing before the cold weather returned with numerical goals and timing targets.
Council Member Meltzer requested a Work Session on the proposed permitting processes for
businesses under the new DDC.
Council Member Briggs requested an Informal Staff Report on the training School Resource
Officers received.
Council Member Hudspeth suggested reaching out to LTNT regarding the dorm to be named after
Joe Green and consider partnering it as a visitor's destination.
Mayor Watts requested a Work Session on the updating of the zoning maps including the processes
and procedures for consistency with the developing districts.
With no further business, the meeting was adjourned at 7:00 p.m.
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCII, MINUTES
May 22, 2018
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, May 22, 2018 at 12:30 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Ryan,
Council Member Gregory, Council Member Meltzer and Mayor Watts.
ABSENT: Council Member Duff
1. Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda Items.
2. Requests for clarification of agenda items listed on the agenda for May 22, 2018.
Council Member Meltzer noted that he would be recusing himself on Consent Agenda Item I.
3. Work Session Reports
A. ID 18-801 Receive a report, hold a discussion, and give staff direction regarding current City
of Denton facilities, including, but not limited to, City Hall, City Hall East, Development
Services and the Service Center, and how to proceed with planning for future needs.
Mark Nelson, Director of Transportation, provided the staff report regarding planning needs for
city facilities. He reviewed the history of the Master Plan; facility issues in terms of existing
facilities; customer service for citizens; and parking at all facilities. He noted five options for
Council consideration.
Kelly Morgan, Nelson+Morgan Architects, reviewed the options available for Council
consideration in terms of pros, cons, design and construction costs. Those options included Option
1- east of existing City Hall; Option 2- southeast of existing City Hall; Option 3- northwest
corner of Bell and McKinney; Option 4- southwest corner of Bell and McKinney; Option 4b —
which included Option 4 but added a parking garage; and Option 5- Woodrow Lane.
Council discussion included:
• The construction costs in terms of buildout costs versus project costs
• Whether the projected FTE numbers were adequate
• Concerns that some of the options might take away parking near the current Civic Center
• Obstruction of the view of the current buildings
• Consider the monitory implications when trying to maintain a"one stop shop" concept
Council Member Briggs stated that she was not in favor of Options 4, 4b and 5. She questioned
the historical impact of wrapping around current building.
Roman McAllen, Historic Preservation Officer, presented information on rules for how the
connection would be made between the buildings. He noted that Options 1 and 2 were similar
depending on how the connection was done. Maintaining the existing structure and maintaining
the integrity should be in keeping with the historical implication of the building.
City of Denton City Council Minutes
May 22, 2018
Page 2
Council Member Briggs noted that she was in favor of Option l.
Council Member Ryan favored Option 1 with parking garage and a sky bridge.
Mayor Watts indicated that he favored Option 1.
Council Member Hudspeth favored Option 1 with parking structure.
Council Member Gregory noted that he favored more green space in the Downtown area but would
go with Option 1.
Council Member Meltzer favored Option l.
Tony Puente, Director of Finance, presented the financial-debt service information for the various
options in terms of 20 and 30 year debt as well as the projected tax rate impact for the options.
Council discussed debt capacity; policy for debt service; and effects on the current bond rating.
Nelson continued with a review of the site option strategic plan.
Council discussed:
• How to proceed with the options in terms of presenting the proj ect for consideration
• Increased development in the downtown area and how it affected the buildings being rented
by the City at this time
• Where the funding would come from for the project
Consensus of the Council was to proceed with Option 1 with a RFQ for funding for the preliminary
design.
B. ID 18-817 Receive a report, hold a discussion and give staff direction regarding the Denton
Municipal Electric FY 2018-19 Operating Budget, Capital Improvement Program and
Renewable Resource Plan.
Tony Puente, Director of Finance, presented the staff report regarding the Denton Municipal
Electric operating budget, Capital Improvement Program and Renewable Resource Plan.
Objectives included load forecast, financial assumptions, commercial/residential comparison,
energy cost adjustment, financial forecast, debt, purchased power, Denton Energy Center
proforma, and departmental presentation including the Capital Improvement Program. He
presented information on load forecast customers by class; load forecast megawatt sales and
megawatt peak load; financial assumptions; and Denton Municipal Electric cost containment
Strategies.
George Morrow, General Manager-DME, presented future emphasis for projects in DME;
comparisons of competitive supplier rates for electricity; commercial/residential comparison of
rates; and ECA changes.
City of Denton City Council Minutes
May 22, 2018
Page 3
Council discussed a proposal to maintain separate balances for the DEC from the other funds to
track profits and loss.
Puente continued with the Denton Municipal Electric 5 year forecast. He noted that staff could
provide Council with alternatives to this forecast as noted in Council's concerns to maintain the
DEC in a separate account.
Council discussed the scrubber debt associated with TMPA.
Puente continued with the DME debt as of September 30, 2017.
Morrow presented the Key purchased power assumptions, the DME purchased power forecast
sensitivity analysis, and DEC proforma assumptions. Morrow next presented information
regarding the Denton Municipal Electric position summary, goals and accomplishments, process
improvements, 5 year capital plan, and CIP maps.
Council discussed the goals and accomplishments presented.
Mayor Watts requested an Informal Staff Report regarding a safety report on the DEC project and
the success of the construction of the project.
C. ID 18-853 Receive a report, hold a discussion, and give staff direction regarding the City's
Automated Traffic Signal (Red Light Camera) Enforcement Program including, but not
limited to, contract status and history, intersection selection, yellow light interval pilot
program, red light violations, crash data, program financial overview, and future direction of
the program.
Pritam Deshmukh, Program Engineer, presented the staff report on the Automated Traffic Signal
Enforcement Program. It was noted that traffic signal timing was different from red light cameras.
He presented the results of the yellow light change interval pilot study which added one second of
yellow time at red light camera intersections. He noted the conclusion of the study in terms of
reduction of violations, long term effects, and long term change in driver behavior and consistency
of yellow light timing throughout the city.
Lee Howell, Police Chief, presented program background information on the Redflex system,
selection of the intersections, violation process, financial overview, financial overview in personal
services, and financial overview in terms of the cost of program with Redflex.
Council discussion included:
• The constitutionality of the program
• The dismissal procedures at the appeal level
• Differences between violations assessed by a police officer and the red light camera system
• Number of signaled intersections in the city
• Consider adding a patrol officer whose job would be to review the red light camera violations
and the cost of that position opposed to the amount of overtime currently paid
City of Denton City Council Minutes
May 22, 2018
Page 4
Howell continued with violation and crash data, reasons for dismissal of violations, violation and
crash data city wide, city-wide red light crashes and red light camera red light crashes
Council discussed:
• Problems with the notification system
• Problems with not having a jury trial if requested
• Whether the program was violating people's rights
• Conditions if the contract were terminated early
Council Member Briggs indicated that she was not in favor of renewing the contract and to use the
dollars in the fund to do traffic related items.
Council Member Ryan felt more study was needed in adding seconds to the yellow light as this
was a safety issue and not a financial issue. He suggested testing all red light cameras except for
288/Lillian Miller due to the current construction in that location.
Council Member Gregory stated he was in favor of the program as it provided consistent
enforcement.
Council Member Meltzer questioned if Denton could extend the right of a jury trial if so desired.
City Attorney Leal stated yes if Council desired.
Consensus of the Council was to not terminate the contact at this point in time but not renew the
contract. If the program were continued after 2019 look at the possibility of jury trials with
associated policy discussions and to proceed with the testing of the longer yellow light program.
Following the completion of the Work Session, the City Council convened in a Closed Meeting to
consider the specific items listed below under the Closed Meeting section of this agenda.
Closed Meeting:
A. ID 18-860 Deliberation regarding Economic Development Negotiations - Texas Government
Code, Section 551.087; Consultation with Attorneys - Texas Government Code, Section
551.071
Receive information from, and discuss, deliberate and provide direction to, staff regarding
the use of a non-disclosure agreement and/or confidentiality agreement to protect the
exchange of certain confidential and/or proprietary information related to Project
Bluebonnet. Consultation with the City's attorneys about legal issues related to the use of
non-disclosure agreements and/or confidentiality agreements to protect the exchange of
certain confidential and/or proprietary information related to Project Bluebonnet. A public
discussion of these legal issues would conflict with the duty of the City's attorneys to the
City of Denton and its City Council under the Texas Disciplinary Rules of Professional
Conduct.
City of Denton City Council Minutes
May 22, 2018
Page 5
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City
Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas
flags.
2. PROCLAMATIONS/PRESENTATIONS
A. ID 18-669 Denton Citizen Forester Graduation
Mayor Watts presented the proclamation for the Denton Citizen Forester Graduation.
B. ID 18-818 Building Safety Month
Mayor Watts presented the proclamation for Building Safety Month.
3. PRESENTATION FROM MEMBERS OF THE PUBLIC
A. Review of procedures for addressing the City Council.
B. Receive Scheduled Citizen Reports from Members of the Public
There were no scheduled citizen reports.
C. Additional Citizen Reports
Suzanne Townsdin requested Mayor Watts read a Bike Month proclamation.
Sally Austin read letter regarding bike experiences in Denton.
4. CONSENT AGENDA
Council Member Gregory motioned, Council Member Ryan seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Item I which would
be considered individually. On roll call vote, Council Member Hudspeth "aye", Council Member
Briggs "aye", Council Member Ryan "aye", Council Member Gregory "aye", Council Member
Meltzer "aye" and Mayor Watts "aye". Motion carried unanimously.
Approved the minutes listed below
A. ID 18-688 Consider approval of the minutes of Apri13, 2018.
City of Denton City Council Minutes
May 22, 2018
Page 6
Ordinance No. 18-694
B. ID 18-694 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a contract
for background check service with Quick Acquisition LLC., dba Quick Search;
providing for the expenditure of funds therefor; and providing an effective date (RFP
6712 - awarded to Quick Acquisition LLC., dba Quick Search, in the three (3) year
not-to-exceed amount of $114,000).
Ordinance No. 18-787
C. ID 18-787 Consider adoption of an ordinance authorizing the City Manager to execute
an Interlocal Cooperation Agreement (MOU) on behalf of the City of Denton with
the Texas Department of Public Safety, relating to the enforcement of State Laws on
uniform commercial vehicle weight enforcement within Texas Transportation Code
Chapter 621, Subchapter F; and providing an effective date.
Ordinance No. 18-828
D. ID 18-828 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a contract
for electric utility 69kV and 138 kV instrument transformers with Techline, Inc., for
the City of Denton Distribution Center; providing for the expenditure of funds
therefor; and providing an effective date (RFP 6554- awarded to Techline, Inc., in the
three (3) year not-to-exceed amount of $1,000,000).
Ordinance No. 18-830
E. ID 18-830 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a
Professional Services Agreement with TranSystems Corporation, dba TranSystems
Corporation Consultants for design services of the Hickory Creek (East) FM 2181 to
FM 2499 street improvement as set forth in the agreement; providing for the
expenditure of funds therefor; and providing an effective date (RFQ 6590-011-
Professional Services Agreement for design services awarded to TranSystems
Corporation, dba TranSystems Corporation Consultants, in the not-to-exceed amount
of $240,000).
Ordinance No. 18-834
F. ID 18-834 Consider adoption of an ordinance of the City of Denton, Texas approving
a consent to assignment of an Airport Lease between Petersen Hangars, LLC, and
Mark Hicks Transport, LLC and providing an effective date. The Council Airport
Committee recommends approval (3-0).
Ordinance No. 18-835
G. ID 18-835 Consider adoption of an ordinance of the City of Denton, Texas approving
a consent to Collateral Assignment of an Airport Lease Mark Hicks Transport, LLC
and Guaranty Bank; and providing an effective date.
City of Denton City Council Minutes
May 22, 2018
Page 7
Ordinance No. 18-859
H. ID 18-859 Consider adoption of an ordinance of the City of Denton, Texas approving
a City sponsorship for the 2018 North Texas State Fair and Rodeo which will be held
on the North Texas State Fairgrounds in Denton, Texas from August 17, 2018 through
August 25, 2018; providing in-kind services not to exceed $500; the expenditure of
funds in the total amount of $5,000; and providing for an effective date.
Ordinance No. 18-878
L ID 18-878 Consider adoption of an ordinance of the City of Denton, Texas approving
a City sponsorship in an amount not to exceed $1,000 of in-kind services and
resources for the Rotary Youth Leadership Awards (RYLA) program on Saturday,
June 16, 2018; and providing an effective date.
Council Member Meltzer recused himself from deliberation/vote on this item.
Council Member Gregory motioned, Council Member Hudspeth seconded to adopt the ordinance.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Ryan "aye", Council Member Gregory "aye", and Mayor Watts "aye". Motion carried
unanimously.
Council Member Meltzer returned to the meeting.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance No. 18-749
A. ID 18-749 Consider adoption of an ordinance of the City of Denton, Texas amending
the Fiscal Year 2017-2018 Budget and Annual Program of Services of the City of
Denton to allow for an adjustment to the Electric Fund of $24,000,000 for the purpose
of funding Capital Improvement Projects, and Solid Waste Fund of $774,682 for the
purpose of funding a reimbursement to Electric; declaring a municipal purpose;
providing a severability clause; providing an open meetings clause; and providing for
an effective date.
Tony Puente, Director of Finance, presented the staff report amending the budget for an adjustment
to the Electric Fund to fund Capital Improvement Projects and to the Solid Waste fund for a
reimbursement to the Electric fund. The result would be a reduction in the Certificates of
Obligation that would be issued.
Council Member Hudspeth motioned, Council Member Briggs seconded to adopt the ordinance.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Ryan "aye", Council Member Gregory "aye", Council Member Meltzer "aye" and Mayor
Watts "aye". Motion carried unanimously.
Ordinance No. 18-847
B. ID 18-847 Consider adoption of an ordinance considering all matters incident and
related to the issuance, sale and delivery of up to $10,110,000 in principal amount of
"City of Denton Certificates of Obligation, Series 2018" for General Government
City of Denton City Council Minutes
May 22, 2018
Page 8
activities; authorizing the issuance of the Certificates; delegating the authority to
certain City officials to execute certain documents relating to the sale of the
Certificates; approving and authorizing instruments and procedures relating to said
Certificates; enacting other provisions relating to the subject; and providing an
effective date.
Tony Puente, Director of Finance, presented information regarding the sale and issue of the
Certificates of Obligation. This was a parameters ordinance with six months to complete the sale
and would establish the maximum the City would be able to issue. He presented information on
the projects which would be funded.
Council discussed the reasons for the change in assumptions that resulted in the proposed issuance;
Council Member Ryan motioned, Council Member Hudspeth seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Ryan "aye", Council Member Gregory "aye", Council Member Meltzer "aye" and Mayor Watts
"aye". Motion carried unanimously.
Ordinance No. 18-848
C. ID 18-848 Consider adoption of an ordinance considering all matters incident and
related to the issuance, sale and delivery of up to $19,750,000 in principal amount of
"City of Denton General Obligation Bonds, Series 2018"; authorizing the issuance of
the Bonds; delegating the authority to certain City officials to execute certain
documents relating to the sale of the Bonds; approving and authorizing instruments
and procedures relating to said Bonds; and enacting other provisions relating to the
subject; and providing an effective date.
Tony Puente, Director of Finance, reviewed the projects to be included in the General Obligation
bonds. He noted that the only difference in what was proposed and what was included was the
Ruddell realignment project that was postponed and would be included in a future bond issuance.
Council Member Ryan motioned, Council Member Hudspeth seconded to adopt the ordinance. .
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Ryan "aye", Council Member Gregory "aye", Council Member Meltzer "aye" and Mayor
Watts "aye". Motion carried unanimously.
6. PUBLIC HEARINGS
Ordinance No. DCA18-0003a
A. DCA 18-0003a Hold a public hearing and consider adoption of an ordinance regarding
a proposed revision to the Denton Development Code; specifically to update parking
requirements in Subchapter 14 Parking Standards related to minimum and maximum
parking space requirements, on-street parking credits, and providing administrative
parking requirement relief; providing for a penalty in the maximum amount of
$2,000.00 for violations thereof; providing a severability clause and an effective date.
(DCA18-0003, Parking, Hayley Zagurski). (The Planning and Zoning Commission
recommends approval)
City of Denton City Council Minutes
May 22, 2018
Page 9
Mayor Watts opened the public hearing.
Richard Cannone, Interim Planning Director, presented the staff report regarding the proposed
revision to the parking requirements. He reviewed the background information, recommendations,
changes in minimum parking standards in various use categories, current versus recommended
parking for nonresidential. Parking maximums and pervious surfaces parking requirements were
reviewed. Administrative parking reductions standards were noted along with on-street parking
credit. Compact, bicycle and motorcycle space recommendations were presented.
Council discussed how to verify the spaces allocated for the alternate parking spaces.
Cannone continued with considerations for the proposals and recommendation of approval from
the Planning and Zoning Commission and staff.
Council discussed whether there was feedback from stakeholders and the effect of the proposed
requirements on developments.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Council Member Ryan motioned, Council Member Hudspeth seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Ryan "aye", Council Member
Gregory "aye", and Mayor Watts "aye". Council Member Briggs "nay", and Council Member
Meltzer "nay". Motion carried with a 4-2 vote.
B. ID 18-845 Hold a public hearing inviting citizens to comment on the City of Denton's
2018 Action Plan for Housing and Community Development.
Barbara Ross, Community Development Division Manager, stated that this public hearing was an
opportunity for citizens to speak on the 2018 Action Plan for Housing and Community
Development. She noted that the City would be receiving more funding that initially thought and
staff had made funding changes to the recommended projects using increased amounts with un-
programmed funds. Both the Community Development Advisory Committee and the Human
Services Advisory Committee had approved the changes
Council discussed the Homeowner's Assistance Program and the Housing Rehab Program.
The Mayor opened the public hearing.
Michelle Connor spoke in favor.
The Mayor closed the public hearing.
No action was required on this item at this item.
City of Denton City Council Minutes
May 22, 2018
Page 10
7. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from
the City Council or the public with specific factual information or recitation 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.
Council Member Gregory requested an Informal Staff Report regarding the street lighting funding
for University in this budget cycle.
Mayor Watts requested a Work Session on Council appointed ad hoc committees and adherence
to the Open Meetings Act.
B. Possible Continuation of Closed Meeting topics, above posted.
There was no continuation of the Closed Meeting.
With no further business, the meeting was adjourned 7:36 p.m.
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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File #: ID 18-938, Version: 1
Legislation Text
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
accepting competitive bids and awarding a contract for the supply of Underground Utility Locating Services;
providing for the expenditure of funds therefor; and providing an effective date (IFB 6736- awarded to USIC
Locating Services, LLC, for one (1) year, with the option for two (2) additional one (1) year extensions, in a
total not-to-exceed amount of $1,200,000 for all years). The Public Utilities Board recommends approval (6-0).
City of Denton Page 1 of 1 Printed on 6/15/2018
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DEPARTMENT:
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SUBJECT
AGENDA INFORMATION SHEET
Materials Management
Todd Hileman
June 19, 2018
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal
corporation, accepting competitive bids and awarding a contract for the supply of Underground Utility
Locating Services; providing for the expenditure of funds therefor; and providing an effective date (IFB
6736- awarded to USIC Locating Services, LLC, for one (1) year, with the option for two (2) additional
one (1) year extensions, in a total not-to-exceed amount of $1,200,000 for all years). The Public Utilities
Board recommends approval (6-0).
BID INFORMATION
Any person digging on property is required by the Texas Railroad Commission to contact DIGTESS to
identify all underground utilities in the area. The intent is to ensure safe digging, limiting injuries caused
by striking underground services. DIGTESS is the regional entity in Texas that provides a centralized
location for residents and contractors to notify of an intent to dig. Upon receipt of a request, DIGTESS
sends notices to the utilities that may be near the dig site. Each utility has 48 hours to respond to the notice
from DIGTESS. DME has opted to outsource the locating services to a third party through this solicitation.
Denton Municipal Electric (DME) has utilized the use of an outside contractor for doing line locates since
2009. Prior to 2009, they were completed by DME Service Truck Personnel. A service trucks primary
responsibility is maintaining system reliability, trouble shooting, maintaining streetlights, new meter
connects, disconnects, and reconnects. For a service truck to complete one line locate, it can cost DME
$125.91 per hour for labor and vehicle.
After hours locates, otherwise known as emergency line locates, are completed by the on call personnel,
this consists of a Senior Lineman, a helper (lineman III or lineman N), service truck, and a 3/4 ton pickup.
These calls are usually single locates requested by other utilities (water, phone and cable TV) when making
emergency repairs to their systems, these locates cost DME $19136 per hour.
Using an outside vendor for this service will benefit DME in the following areas:
l. Service Trucks will maintain productivity on maintenance job orders, streetlight repairs, system
reliability, and customer service.
2. Over time costs will not increase for on call personnel.
Invitation for Bids were sent to 217 prospective suppliers of this service. In addition, specifications were
placed on the Materials Management website for prospective suppliers to download and advertised in the
local newspaper. One (1) bid was received by USIC Locating Services, LLC.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On June 1 l, 2018, the Public Utilities Board (PUB) recommended this item to the City Council for
consideration.
RECOMMENDATION
Award a contract with USIC Locating Services, LLC for Underground Line Location Service, in the three
(3) year not-to-exceed amount of $1,200,000.
PRINCIPAL PLACE OF BUSINESS
USIC Locating Services, LLC
Indianapolis, IN
ESTIMATED SCHEDULE OF PROJECT
Line locates are received daily thru DIGTESS and must be responded to within 48 hours, and the tickets
must be completed within five days. Locates will range from 15 to 50 daily depending on construction and
growth.
FISCAL INFORMATION
These services will be funded from Electric Operations 600200 operating budget under Outside Contract
Services. The budget amount for this service is $365,000 annually. The Communications (Fiber) portion
will be funded from account 600800 for $100,000 annually. The cumulative total budgeted amount for
this service is $1,395,000.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area:
Related Goal:
EXHIBITS
Public Infrastructure
2.3 Promote superior utility services and facilities
Exhibit 1: Agenda Information Sheet
Exhibit 2: Bid Tabulation
Exhibit 3: Contract
Exhibit 4: Ordinance
Respectfully submitted:
Karen Smith, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: George Morrow at 940-349-8487
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, A TEXAS HOME-RULE MUNICII'AL
CORP�RATION, ACCEPTING COMPETITNE BIDS AND AWARDING A CONTRACT FOR
THE SUPPLY OF UNDERGROUND UTILITY LOCATION SERVICES FOR THE CITY OF
DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTNE DATE (IFB 6736- AWARDED TO USIC LOCATING SERVICES, LLC, IN THE
THREE (3) YEARNOT-TO-EXCEED AMOUNT OF $1,200,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the materials, equipment, supplies, or
services, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in
the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are
hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
6736 USIC Locating Services, LLC $1,200,000
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for such items and agrees to
purchase the materials, equipment, supplies or services in accordance with the terms, specifications,
standazds, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and sgecified sums contained in the Bid
Progosal and related documents and to extend that contract as determined to he advantageous to the
City of Denton.
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DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
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Docusign City Counci) Transmitta) Coversheet
IFg 6736
File Name Underground Utility Location Service
Purchasing Contact 7ody word
PUB Target Date �une 11, zols
City Counci) Target Date �une 19, zols
Contract Value $1,Zoo,000
Piggy Back Option Yes
Contract Expiration
Ordinance
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AN USIC LOCATING SERVICES, LLC
(CONTRACT 6736)
THIS CONTRACT is made and entered into this date , by
and between USIC Locatin� Services, LLC a corporation, whose address is 9045 N. River Road,
Suite 300, Indiana�olis, IN 46240, hereinafter referred to as "Contractor," and the CITY OF
DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be
effective upon approval of the Denton City Council and subsequent execution of this Contract by
the Denton City Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Supplier shall provide products and/or services in accordance with the City's document
IFB #6736-Under�round Utilitv Location Service, a copy of which is on file at the office of
Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written
agreement and the following items which are attached hereto and incorporated herein by reference:
(a)
(b)
(c)
(d)
(e)
��
�g)
(h)
(i)
Special Terms and Conditions (Exhibit "A");
City of Denton's IFB 6736 (Exhibit "B" on File at the Office of the Purchasing Agent);
City of Denton Standard Terms and Conditions (Exhibit "C");
Insurance Requirements (Exhibit "D");
Certificate of Interested Parties Electronic Filing (Exhibit "E");
Contractor's Proposal (Exhibit "F");
House Bill 89 Verification (Exhibit "G")
Senate Bi11252 Certification (Exhibit "H")
Form CIQ — Conflict of Interest Questionnaire (Exhibit "P');
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions
of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence
first to the written agreement then to the contract documents in the order in which they are listed
above. These documents shall be referred to collectively as "Contract Documents."
The parties agree to transact business electronically. Any statutory requirements that certain terms
be in writing will be satisfied using electronic documents and signing. Electronic signing of this
document will be deemed an original for all legal purposes.
Contract # 6736
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
CONTRACTOR
DocuSigned by:
�� ��U
B Y : 65]9.E23EE�42g--
AUTHORIZED SIGNATURE
5/24/2018
Date:
Name: Ti m seel i g
T1tle: Senior Vice President
317 575 7806
PHONE NUMBER
timseelig@usicllc.com
EMAIL ADDRESS
2018-343661
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY BY:
:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
DocuSigned by:
(,a�V'V'� r,b�,�,tS{�t-V'
BY:
B9�6FB93EA.iB...
Contract # 6736
TODD HILEMAN
CITY MANAGER
Date:
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
Exhibit A
Special Terms and Conditions
1. Total Contract Amount
The contract total for services shall not exceed $1,200,000. Pricing shall be per Exhibit F attached.
2. Contract Terms
The contract term will be one (1) year, effective from date of award. The City and the Supplier
shall have the option to renew this contract for an additional two (2) one-year periods.
The contract shall commence upon the issuance of a Notice of Award by the City of Denton and
shall automatically renew each year, from the date of award by City Council, unless either party
notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton, the
contract may be further extended as needed, not to exceed a total of six (6) months.
• Delivery time/on-time performance will be based on when USIC responds/statuses the
ticket.
• Delivery time/on-time performance will be at 95% or greater.
3. Price Escalation and De-escalation
The City will implement an escalation/de-escalation price adjustment annually. The escalation/de-
escalation will be based upon manufacturer published pricing sheets to the vendor. The price will
be increased or decreased based upon the annually percentage change in the manufacturer's price
list. The price adjustment will be determined annually from the award date. Should the change
exceed or decrease a minimum threshold value of +/-1%, then the stated eligible bid prices shall
be adjusted in accordance with the published price change. It is the supplier or the Cities
responsibility to request a price adjustment annually in writing. If no request is made, then it will
be assumed that the bid price will be in effect. The supplier must submit or make available the
manufacturers pricin� sheet used to calculate the bid proposal, to participate in the
escalation/de-escalation clause.
Contract # 6736
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
Exhibit C
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings
and other requirements included in the City of Denton's contract are applicable to
contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer
and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must
be in writing and signed by a representative of the City's Procurement Department and the
Supplier. No Terms and Conditions contained in the seller's proposal response, invoice or
statement shall serve to modify the terms set forth herein. If there is a conflict between the
provisions on the face of the contract/purchase order these written provisions will take precedence.
The Contractor agrees that the contract shall be governed by the following terms and conditions,
unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract,
Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and
sections 9, 10, 1 l, 22 and 32 shall apply only to a solicitation to purchase services to be performed
principally at the City's premises or on public rights-of-way.
l. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all
deliverables described in the Solicitation and in the Contractor's Offer in strict accordance with
the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local
laws, rules, and regulations.
2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall
be effective as of the date the contract is signed by the City, and shall continue in effect until all
obligations are performed in accordance with the Contract.
3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package
deliverables in accordance with good commercial practice and shall include a packing list showing
the description of each item, the quantity and unit price unless otherwise provided in the
Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly
and permanently marked as follows: (a) The Contractor's name and address, (b) the City's name,
address and purchase order or purchase release number and the price agreement number if
applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the
number of the container bearing the packing list. The Contractor shall bear cost of packaging.
Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all
the requirements of common carriers and any applicable specification. The City's count or weight
shall be final and conclusive on shipments not accompanied by packing lists.
4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to
ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of
deliverables.
5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City
only when the City actually receives and accepts the deliverables.
Contract # 6736
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be
shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and
Conditions. Unless otherwise stated in the Offer, the Contractor's price shall be deemed to include
all delivery and transportation charges. The City shall have the right to designate what method of
transportation shall be used to ship the deliverables. The place of delivery shall be that set forth
the purchase order.
7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under
law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at
delivery before accepting them, and to reject defective or non-conforming deliverables. If the City
has the right to inspect the Contractor's, or the Contractor's Subcontractor's, facilities, or the
deliverables at the Contractor's, or the Contractor's Subcontractor's, premises, the Contractor shall
furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance
to the City to facilitate such inspection.
8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables
must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity.
Any non-complying tender shall constitute a breach and the Contractor shall not have the right to
substitute a conforming tender; provided, where the time for performance has not yet expired, the
Contractor may notify the City of the intention to cure and may then make a conforming tender
within the time allotted in the contract.
9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the
sites where the Contractor is to perform the services as required in order for the Contractor to
perform the services in a timely and efficient manner, in accordance with and subject to the
applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied
itself as to the nature of the City's service requirements and specifications, the location and
essential characteristics of the work sites, the quality and quantity of materials, equipment, labor
and facilities necessary to perform the services, and any other condition or state of fact which could
in any way affect performance of the Contractor's obligations under the contract. The Contractor
hereby releases and holds the City harmless from and against any liability or claim for damages of
any kind or nature if the actual site or service conditions differ from expected conditions.
The contractor shall, at all times, exercise reasonable precautions for the safety of their employees,
City Staff, participants and others on or near the City's facilities.
10. WORKFORCE
A. The Contractor shall employ only orderly and competent workers, skilled in the performance
of the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while
engaged in participating or responding to a solicitation or while in the course and scope of
delivering goods or services under a City of Denton contract or on the City's property .
i. use or possess a firearm, including a concealed handgun that is licensed under state law,
except as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled
substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on
the job.
Contract # 6736
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
C. If the City or the City's representative notifies the Contractor that any worker is incompetent,
disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed
any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the
Contractor shall immediately remove such worker from Contract services, and may not employ
such worker again on Contract services without the City's prior written consent.
Immigration: The Contractor represents and warrants that it shall comply with the requirements
of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification
and retention of verification forms for any individuals hired on or after November 6, 1986, who
will perform any labor or services under the Contract and the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 ("IIRIRA) enacted on September 30, 1996.
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL
REGULATIONS: The Contractor, it's Subcontractors, and their respective employees, shall
comply fully with all applicable federal, state, and local health, safety, and environmental laws,
ordinances, rules and regulations in the performance of the services, including but not limited to
those promulgated by the City and by the Occupational Safety and Health Administration (OSHA).
In case of conflict, the most stringent safety requirement shall govern. The Contractor shall
indemnify and hold the City harmless from and against all claims, demands, suits, actions,
judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's
obligations under this paragraph.
Environmental Protection: The Respondent shall be in compliance with all applicable standards,
orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et
seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.).
12. INVOICES:
A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a separate
invoice must be sent for each shipment or delivery made.
B. Proper Invoices must include a unique invoice number, the purchase order or delivery
order number and the master agreement number if applicable, the Department's Name, and
the name of the point of contact for the Department. Invoices shall be itemized and
transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight
waybill, when applicable, shall be attached to the invoice. The Contractor's name, remittance
address and, if applicable, the tax identification number on the invoice must exactly match the
information in the Vendor's registration with the City. Unless otherwise instructed in writing, the
City may rely on the remittance address specified on the Contractor's invoice.
C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables
order number clearly identified. Invoices shall also include a tabulation of work-hours at the
appropriate rates and grouped by work order number. Time billed for labor shall be limited to
hours actually worked at the work site.
D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all
Subcontract and other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced
amount.
The City will furnish a tax exemption certificate upon request.
Contract # 6736
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
13. PAYMENT:
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within
thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received
in Accounts Payable, whichever is later.
B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid
balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the
maximum lawful rate; except, if payment is not timely made for a reason for which the City
may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after
the grounds for withholding payment have been resolved.
C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the
partial shipment or delivery, as stated above, provided that the invoice matches the shipment or
delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of:
i. delivery of defective or non-conforming deliverables by the Contractor;
ii. third party claims, which are not covered by the insurance which the Contractor is
required to provide, are filed or reasonable evidence indicating probable filing of such
claims;
iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property of the City or the City's agents, employees or contractors, which
is not covered by insurance required to be provided by the Contractor;
v. reasonable evidence that the Contractor's obligations will not be completed within the
time specified in the Contract, and that the unpaid balance would not be adequate to cover
actual or damages for the anticipated delay;
vi. failure of the Contractor to submit proper invoices with purchase order number, with all
required attachments and supporting documentation; or
vii. failure of the Contractor to comply with any material provision of the Contract
Documents.
E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for
delinquent taxes, the City may offset indebtedness owed the City through payment withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or
electronic transfer of funds. The Contractor agrees that there shall be no additional charges,
surcharges, or penalties to the City for payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding. The
City's payment obligations are payable only and solely from funds Appropriated and available for
this contract. The absence of Appropriated or other lawfully available funds shall render the
Contract null and void to the extent funds are not Appropriated or available and any deliverables
delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor
written notice of the failure of the City to make an adequate Appropriation for any fiscal year to
pay the amounts due under the Contract, or the reduction of any Appropriation to an amount
insufficient to permit the City to pay its obligations under the Contract. In the event of none or
inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City.
14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the
Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the
term of this contract, the contractor shall bill and the City shall reimburse contractor for all
reasonable and approved out of pocket expenses which are incurred in the connection with the
performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by
the contractor in tra�eling to and from City facilities shall not be reimbursed, unless otherwise negotiated.
Contract # 6736
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
15. FINAL PAYMENT AND CLOSE-OUT:
A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified
Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance
Report to the Purchasing Manager no later than the 15th calendar day after completion of all work
under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in
compliance with the requirements as accepted by the City.
B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Contractor, except claims (1) which have
been previously asserted in writing and not yet settled, (2) arising from defective work appearing
after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the
terms of any warranty specified herein, (4) arising from the Contractor's continuing obligations
under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising
under the City's right to audit; and ii. a waiver of all claims by the Contractor against the City
other than those previously asserted in writing and not yet settled.
16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost
of any special tooling or special test equipment fabricated or required by the Contractor for the
purpose of filling this order, such special tooling equipment and any process sheets related thereto
shall become the property of the City and shall be identified by the Contractor as such.
17. RIGHT TO AUDIT:
A. The City shall have the right to audit and make copies of the books, records and computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and other
evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress
or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are
completed and resolved. These books, records, documents and other evidence shall be available,
within ten (10) business days of written request. Further, the Contractor shall also require all
Subcontractors, material suppliers, and other payees to retain all books, records, documents and
other evidence pertaining to the Contract, and to allow the City similar access to those documents.
All books and records will be made available within a 50 mile radius of the City of Denton. The
cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater.
If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel
costs, must be borne by the Contractor which must be payable within five (5) business days of
receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract
and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the
terms "books", "records", "documents" and "other evidence", as used above, shall be construed to
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
18. SUBCONTRACTORS:
A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor
shall comply with all requirements approved by the City. The Contractor shall not initially employ
any Subcontractor except as provided in the Contractor's Plan. The Contractor shall not substitute
any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in
writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or
remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan
has been approved, the Contractor is additionally required to submit a monthly Subcontract
Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day
of each month.
Contract # 6736
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract
between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the
terms of the
Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict
accordance with the provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract
without the prior written consent of the City and the Contractor. The City may require, as
a condition to such further subcontracting, that the Subcontractor post a payment bond in
form, substance and amount acceptable to the City;
iii. require Subcontractors to submit all invoices and applications for payments, including
any claims for additional payments, damages or otherwise, to the Contractor in sufficient
time to enable the Contractor to include same with its invoice or application for payment
to the City in accordance with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their
contract, insurance in the type and amounts specified for the Contractor, with the City
being a named insured as its interest shall appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent
as the Contractor is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the
Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions.
Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual
relationship between the City and any such Subcontractor, nor shall it create any obligation on the
part of the City to pay or to see to the payment of any moneys due any such Subcontractor except
as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the
Contractor not later than ten (10) calendar days after receipt of payment from the City.
19. WARRANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's
current prices on orders by others for like deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently without
consultation, communication, or agreement for the purpose of restricting competition, as to any
matter relating to such fees with any other firm or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the
Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current
prices on orders by others for like deliverables under similar terms of purchase.
20. WARRANTY — TITLE: The Contractor warrants that it has good and indefeasible title to all
deliverables furnished under the Contract, and that the deliverables are free and clear of all liens,
claims, security interests and encumbrances. The Contractor shall indemnify and hold the City
harmless from and against all adverse title claims to the deliverables.
21. WARRANTY — DELIVERABLES: The Contractor warrants and represents that all
deliverables sold the City under the Contract shall be free from defects in design, workmanship or
manufacture, and conform in all material respects to the specifications, drawings, and descriptions
in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and
conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations,
and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall
be new or recycled merchandise, and not used or reconditioned.
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A. Recycled deliverables shall be clearly identified as such.
B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law; and any attempt to do so shall be without force or effect.
C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the date of acceptance of the deliverables or from the date of acceptance of any replacement
deliverables. If during the warranty period, one or more of the above warranties are breached, the
Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables,
or replace the non-conforming deliverables with fully conforming deliverables, at the City's option
and at no additional cost to the City. All costs incidental to such repair or replacement, including
but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor.
The City shall endeavor to give the Contractor written notice of the breach of warranty within
thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice
shall not impair the City's rights under this section.
D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming
deliverables as required by the City, then in addition to any other available remedy, the City may
reduce the quantity of deliverables it may be required to purchase under the Contract from the
Contractor, and purchase conforming deliverables from other sources. In such event, the
Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to
procure such deliverables from another source.
E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate
manufacturer's warranty, the Contractor shall transfer and assign such manufacturer's warranty to
the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City, the
Contractor shall assist and cooperate with the City to the fullest extent to enforce such
manufacturer's warranty for the benefit of the City.
22. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be
provided the City under the Contract will be fully and timely performed in a good and workmanlike
manner in accordance with generally accepted industry standards and practices, the terms,
conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules
or regulations.
A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law, and any attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the Acceptance Date. If during the warranty period, one or more of the above warranties are
breached, the Contractor shall promptly upon receipt of demand perform the services again in
accordance with above standard at no additional cost to the City. All costs incidental to such
additional performance shall be borne by the Contractor. The City shall endeavor to give the
Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery
of the breach warranty, but failure to give timely notice shall not impair the City's rights under
this section.
C. If the Contractor is unable or unwilling to perform its services in accordance with the above
standard as required by the City, then in addition to any other available remedy, the City may
reduce the amount of services it may be required to purchase under the Contract from the
Contractor, and purchase conforming services from other sources. In such event, the Contractor
shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such
services from another source.
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23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay
all claims, costs, losses and damages attributable to the City's evaluation of and determination to
accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final
payment, the City may deduct such amounts as are necessary to compensate the City for the
diminished value of the defective or non-conforming deliverables. If the acceptance occurs after
final payment, such amount will be refunded to the City by the Contractor.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party's intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time specified
after demand is made, the demanding party may treat this failure as an anticipatory repudiation of
the Contract.
25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation or
unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the
City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to
fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to
provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks
relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in
Contractor's Offer, or in any report or deliverable required to be submitted by the Contractor to
the City.
27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor's default, including, without
limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post-
judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
Contractor, the City may remove the Contractor from the City's vendor list for three (3) years and
any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and
remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by
law.
28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work
pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The
City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available
for such purposes, for all goods delivered and services performed and obligations incurred prior to
the date of termination in accordance with the terms hereof.
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29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable
required to be submitted by the Contractor to the City shall be grounds for the termination of the
Contract for cause by the City and may result in legal action.
30. DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if
the City deems it is in its best interest. If such delay causes an increase in the cost of the work
under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs
incurred by the Contractor in the Contract price and execute an amendment to the Contract. The
Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of
receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall
excuse the Contractor from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations under
this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots,
civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the
reasonable control of such Party. In the event of default or delay in contract performance due to
any of the foregoing causes, then the time for completion of the services will be extended;
provided, however, in such an event, a conference will be held within three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of such
failure to perform.
31. INDEMNITY:
A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including all reasonable
costs and expenses of litigation, mediation or other alternate dispute resolution mechanism,
including attorney and other professional fees for: (1) damage to or loss of the property of
any person (including, but not limited to the City, the Contractor, their respective agents,
officers, employees and subcontractors; the officers, agents, and employees of such
subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's
compensation, loss of services, or loss of income or wages to any person (including but not
limited to the agents, officers and employees of the City, the Contractor, the Contractor's
subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non-
conforming deliverables, negligence, willful misconduct or a breach of any legally imposed
strict liability standard.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY),
INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS,
EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL
INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO,
CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR
THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE
PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE
CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF
THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE
RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE
LIABLE FOR AN INDEMNIFIED CLAIM.
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32. INSURANCE: The following insurance requirements are applicable, in addition to the specific
insurance requirements detailed in Appendix A for services only. The successful firm sha]1 procure
and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton.
The insurance sha]1 be written by a company licensed to do business in the State of Texas and
satisfactory to the City of Denton.
A. General Requirements:
i. The Contractor shall at a minimum carry insurance in the types and amounts indicated
and agreed to, as submitted to the City and approved by the City within the procurement
process, for the duration of the Contract, including extension options and hold over periods,
and during any warranty period.
ii. The Contractor shall provide Certificates of Insurance with the coverage's and
endorsements required to the City as verification of coverage prior to contract execution
and within fourteen (14) calendar days after written request from the City. Failure to
provide the required Certificate of Insurance may subject the Offer to disqualification from
consideration for award. The Contractor must also forward a Certificate of Insurance to the
City whenever a previously identified policy period has expired, or an extension option or
hold over period is exercised, as verification of continuing coverage.
iii. The Contractor shall not commence work until the required insurance is obtained and
until such insurance has been reviewed by the City. Approval of insurance by the City shall
not relieve or decrease the liability of the Contractor hereunder and shall not be construed
to be a limitation of liability on the part of the Contractor.
iv. The Contractor must submit certificates of insurance to the City for all subcontractors
prior to the subcontractors commencing work on the project.
v. The Contractor's and all subcontractors' insurance coverage shall be written by
companies licensed to do business in the State of Texas at the time the policies are issued
and shall be written by companies with A.M. Best ratings of A- VII or better. The City
will accept workers' compensation coverage written by the Texas Workers' Compensation
Insurance Fund.
vi. All endorsements naming the City as additional insured, waivers, and notices of
cancellation endorsements as well as the Certificate of Insurance shall contain the
solicitation number and the following information:
City of Denton
Materials Management Department
901B Texas Street
Denton, Texas 76209
vii. The "other" insurance clause shall not apply to the City where the City is an additional
insured shown on any policy. It is intended that policies required in the Contract, covering
both the City and the Contractor, shall be considered primary coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the Contractor
shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified.
If Excess Liability Insurance is provided, it shall follow the form of the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without
expense, to review certified copies of policies and endorsements thereto and may make any
reasonable requests for deletion or revision or modification of particular policy terms,
conditions, limitations, or exclusions except where policy provisions are established by law
or regulations binding upon either of the parties hereto or the underwriter on any such
policies.
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x. The City reserves the right to review the insurance requirements set forth during the
effective period of the Contract and to make reasonable adjustments to insurance coverage,
limits, and exclusions when deemed necessary and prudent by the City based upon changes
in statutory law, court decisions, the claims history of the industry or financial condition
of the insurance company as well as the Contractor.
xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance
to lapse during the term of the Contract or as required in the Contract.
xii. The Contractor shall be responsible for premiums, deductibles and self-insured
retentions, if any, stated in policies. All deductibles or self-insured retentions shall be
disclosed on the Certificate of Insurance.
xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written
notice of erosion of the aggregate limits below occurrence limits for all applicable
coverage's indicated within the Contract.
xiv. The insurance coverage's specified in within the solicitation and requirements are
required minimums and are not intended to limit the responsibility or liability of the
Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the
solicitation instrument.
33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which
arises under or concerns the Contract, or which could have a material adverse affect on the
Contractor's ability to perform thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City
shall state the date of notification of any such claim, demand, suit, or other action; the names and
addresses of the claimant(s); the basis thereof; and the name of each person against whom such
claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to
the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City
Hall, 215 East McKinney Street, Denton, Texas 76201.
34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required
or appropriate to be given under the Contract shall be in writing and shall be deemed delivered
three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered
Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon
receipt by the addressee. Routine communications may be made by first class mail, telefax, or
other commercially accepted means. Notices to the Contractor shall be sent to the address specified
in the Contractor's Offer, or at such other address as a party may notify the other in writing. Notices
to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked
to the attention of the Purchasing Manager.
35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly marked as
such. Determination of the public nature of the material is subject to the Texas Public Information
Act, Chapter 552, and Texas Government Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title
to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the
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specifications in the Contract will not infringe, directly or contributorily, any patent, trademark,
copyright, trade secret, or any other intellectual property right of any kind of any third party; that
no claims have been made by any person or entity with respect to the ownership or operation of
the deliverables and the Contractor does not know of any valid basis for any such claims. The
Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and
against all liability, damages, and costs (including court costs and reasonable fees of attorneys and
other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere
in the world of the rights associated with the City's' ownership, and if applicable, license rights,
and its use of the deliverables infringes the intellectual property rights of any third party; or (ii)
the Contractor's breach of any of Contractor's representations or warranties stated in this Contract.
In the event of any such claim, the City shall have the right to monitor such claim or at its option
engage its own separate counsel to act as co-counsel on the City's behalf. Further, Contractor
agrees that the City's specifications regarding the deliverables shall in no way diminish
Contractor's warranties or obligations under this paragraph and the City makes no warranty that
the production, development, or delivery of such deliverables will not impact such warranties of
Contractor.
37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may
require access to certain of the City's and/or its licensors' confidential information (including
inventions, employee information, trade secrets, confidential know-how, confidential business
information, and other information which the City or its licensors consider confidential)
(collectively, "Confidential Information"). Contractor acknowledges and agrees that the
Confidential Information is the valuable property of the City and/or its licensors and any
unauthorized use, disclosure, dissemination, or other release of the Confidential Information will
substantially injure the City and/or its licensors. The Contractor (including its employees,
subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information
in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use
the Confidential Information without the prior written consent of the City or in a manner not
expressly permitted under this Agreement, unless the Confidential Information is required to be
disclosed by law or an order of any court or other governmental authority with proper jurisdiction,
provided the Contractor promptly notifies the City before disclosing such information so as to
permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to
use protective measures no less stringent than the Contractor uses within its own business to protect
its own most valuable information, which protective measures shall under all circumstances be at
least reasonable measures to ensure the continued confidentiality of the Confidential Information.
38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and
interests throughout the world in and to the deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees
to disclose such patentable subject matter to the City. Further, if requested by the City, the
Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right,
title, and interest to specific inventions under such patentable subject matter to the City and to
execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute,
acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by
the City, to the City upon request by the City.
B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor
agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the
Contractor for the City and the City shall own all copyrights in and to such deliverables, provided
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however, that nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any
such deliverables arising by virtue of the City's sole or joint authorship of such deliverables.
Should by operation of law, such deliverables not be considered works made-for-hire, the
Contractor hereby assigns to the City (and agrees to cause each of its employees providing services
to the City hereunder to execute, acknowledge, and deliver an assignment to the City o� all
worldwide right, title, and interest in and to such deliverables. With respect to such work made-
for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its
employees providing services to the City hereunder to execute, acknowledge, and deliver a work-
made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon
delivery of such deliverables to the City or at such other time as the City may request.
C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its
employees to, execute, acknowledge, and deliver all applications, specifications, oaths,
assignments, and all other instruments which the City might reasonably deem necessary in order
to apply for and obtain copyright protection, mask work registration, trademark registration and/or
protection, letters patent, or any similar rights in any and all countries and in order to assign and
convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and
interest in and to the deliverables. The Contractor's obligations to execute, acknowledge, and
deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those
described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract
with respect to such deliverables. In the event the City should not seek to obtain copyright
protection, mask work registration or patent protection for any of the deliverables, but should
desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information
under the terms of Paragraph 37 above.
39. PUBLICATIONS: All published material and written reports submitted under the Contract
must be originally developed material unless otherwise specifically provided in the Contract.
When material not originally developed is included in a report in any form, the source shall be
identified.
40. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior
consent, the fact that the City has entered into the Contract, except to the extent required by law.
41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure the Contract upon any agreement or understanding
for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona
fide established commercial or selling agencies maintained by the Contractor for the purpose of
securing business. For breach or violation of this warranty, the City shall have the right, in addition
to any other remedy available, to cancel the Contract without liability and to deduct from any
amounts owed to the Contractor, or otherwise recover, the full amount of such commission,
percentage, brokerage or contingent fee.
42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without
liability if it is determined by the City that gratuities were offered or given by the Contractor or
any agent or representative of the Contractor to any officer or employee of the City of Denton with
a view toward securing the Contract or securing favorable treatment with respect to the awarding
or amending or the making of any determinations with respect to the performing of such contract.
In the event the Contract is canceled by the City pursuant to this provision, the City shall be
entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost
incurred by the Contractor in providing such gratuities.
43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer,
employee, independent consultant, or elected official of the City who is involved in the
development, evaluation, or decision-making process of the performance of any solicitation shall
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have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any
willful violation of this section shall constitute impropriety in office, and any officer or employee
guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation
of this provision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of
Interest Questionnaire.
44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor's services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City of Denton, Texas for
the purposes of income taY, withholding, social security taYes, vacation or sick lea�e benefits,
worker's compensation, or any other City employee benefit. The City shall not have supervision and
control of the Contractor or any employee of the Contractor, and it is expressly understood that
Contractor sha]1 perform the services hereunder according to the attached specifications at the general
direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The
contractor is expressly free to advertise and perform services for other parties while performing
services for the City.
45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and their respective successors and assigns, provided
however, that no right or interest in the Contract shall be assigned and no obligation shall be
delegated by the Contractor without the prior written consent of the City. Any attempted
assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity
not a party hereto; it being the intention of the parties that there are no third party beneficiaries to
the Contract.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole
or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party. No waiver by either
the Contractor or the City of any one or more events of default by the other party shall operate as,
or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an
express or implied acceptance of any other existing or future default or defaults, whether of a
similar or different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
document shall have any force or effect to change the terms, covenants, and conditions of the
Contract.
48. INTERPRETATION: The Contract is intended by the parties as a final, complete and
exclusive statement of the terms of their agreement. No course of prior dealing between the parties
or course of performance or usage of the trade shall be relevant to supplement or explain any term
used in the Contract. Although the Contract may have been substantially drafted by one party, it
is the intent of the parties that all provisions be construed in a manner to be fair to both parties,
reading no provisions more strictly against one party or the other. Whenever a term defined by the
Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC
definition shall control, unless otherwise defined in the Contract.
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49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing
of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party
may make a written request for a meeting between representatives of each party within fourteen
(14) calendar days after receipt of the request or such later period as agreed by the parties. Each
party shall include, at a minimum, one (1) senior level individual with decision-making authority
regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith
to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the
parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to
mediation as described below. Negotiation may be waived by a written agreement signed by both
parties, in which event the parties may proceed directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation
process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation
skills to assist with resolution of the dispute. Should they choose this option; the City and the
Contractor agree to act in good faith in the selection of the mediator and to give consideration to
qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties
from relying on the skills of a person who is trained in the subj ect matter of the dispute or a contract
interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of
initiation of the mediation process, the mediator shall be selected by the Denton County Alternative
Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith
for up to thirty (30) calendar days from the date of the first mediation session. The City and the
Contractor will share the mediator's fees equally and the parties will bear their own costs of
participation such as fees for any consultants or attorneys they may utilize to represent them or
otherwise assist them in the mediation.
50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the
laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted
in Texas, V.T.C.A., Bus. & Comm. Code, Chapter l, excluding any rule or principle that would
refer to and apply the substantive law of another state or jurisdiction. All issues arising from this
Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit
to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to limit or restrict the right or ability of the City to seek and secure
injunctive relief from any competent authority as contemplated herein.
51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract
shall in no way affect the validity or enforceability of any other portion or provision of the
Contract. Any void provision shall be deemed severed from the Contract and the balance of the
Contract shall be construed and enforced as if the Contract did not contain the particular portion
or provision held to be void. The parties further agree to reform the Contract to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent this entire Contract from being void
should a provision which is the essence of the Contract be determined to be void.
Contract # 6736
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
52. HOLIDAYS: The following holidays are observed by the City:
New Year's Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year's Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday
falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be
between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any
scheduled deliveries or work performance not within the normal hours of operation must be
approved by the City Manager of Denton, Texas or his authorized designee.
53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose
continuing obligations on the parties, including but not limited to the warranty, indemnity, and
confidentiality obligations of the parties, shall survive the expiration or termination of the Contract.
54. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub-awards to parties
that are suspended or debarred or whose principals are suspended or debarred from Federal, State,
or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its
firm and its principals are not currently suspended or debarred from doing business with the
Federal Government, as indicated by the General Services Administration List of Parties Excluded
from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of
Denton.
55. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any
discriminatory employment practice. No person sha]l, on the grounds of race, sex, sexual
orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of,
or be otherwise subjected to discrimination under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall
engage in any discriminatory employment practice against individuals with disabilities as defined
in the ADA.
56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded
requirements)
The following federally funded requirements are applicable. A. Definitions. As used in this
paragraph —
i. "Component" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means —
Contract # 6736
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
(1) For components purchased by the Contractor, the acquisition cost, including transportation
costs to the place of incorporation into the end product (whether or not such costs are paid to a
domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of
the component, including transportation costs as described in paragraph (1) of this definition, plus
allocable overhead costs, but excluding profit. Cost of components does not include any costs
associated with the manufacture of the end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
(2) An end product manufactured in the United States, if the cost of its components mined,
produced, or manufactured in the United States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind as those that the agency
determines are not mined, produced, or manufactured in sufficient and reasonably available
commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected,
and prepared for processing in the United States is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the contract
for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. l0a - lOd) provides a preference for domestic end products
for supplies acquired for use in the United States.
C. The City does not maintain a list of foreign articles that will be treated as domestic for this
Contract; but will consider for approval foreign articles as domestic for this product if the articles
are on a list approved by another Governmental Agency. The Offeror shall submit documentation
with their Offer demonstrating that the article is on an approved Governmental list.
D. The Contractor shall deliver only domestic end products except to the extent that it specified
delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act
Certificate".
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all
information presented in any response to this contract, whether amended or not, except as
prohibited by law. Selection of rejection of the submittal does not affect this right.
58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or
supplier to be licensed by the State of Texas, any and a]1 fees and taYes are the responsibility of the
respondent.
59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as
defined by the United States Department of Labor Davis-Bacon Wage Determination at
11���://www.dc�l.�c�v/w11d/cc�il�rac�s/dbr�.11�� and at the Wage Determinations website www.wdc�l.�c�v
for Denton County, Texas (WD-2509).
60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor
or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent
must comply with all applicable laws at all times, including, without limitation, the following (i)
§36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code,
which prohibits the offering or conferring of benefits to public servants. The Respondent shall give
all notices and comply with all laws and regulations applicable to furnishing and performance of
the Contract.
Contract # 6736
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61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on-
site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530
of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees.
Respondent is responsible for both federal and State unemployment insurance coverage and
standard Workers' Compensation insurance coverage. Respondent shall ensure compliance with
all federal and State tax laws and withholding requirements. The City of Denton shall not be liable
to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or
federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall
pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701
ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may hereafter
be issued.
63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property and
equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers,
including any delivery or cartage company, in connection with any performance pursuant to the
Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any
such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
responsible for performance under the Contract should it be prevented from performance by an act
of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault
or negligence of the City of Denton. In the event of an occurrence under this Section, the
Respondent will be excused from any further performance or observance of the requirements so
affected for as long as such circumstances prevail and the Respondent continues to use
commercially reasonable efforts to recommence performance or observance whenever and to
whatever extent possible without delay. The Respondent shall immediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar
days of the inception of such occurrence) and describe at a reasonable level of detail the
circumstances causing the non-performance or delay in performance.
65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party
under the Contract will not affect the right of such Party to require performance in the future. No
delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under
the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right
or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as
a waiver of any continuing or succeeding breach.
66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision
of the Contract is in any way intended to constitute a waiver by the City of Denton of any
immunities from suit or from liability that the City of Denton may have by operation of law.
Contract # 6736
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting
documents, statistical records, and any other records or books relating to the performances called
for in the Contract. The Respondent shall retain all such records for a period of four (4) years after
the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit
and litigation matters are resolved, whichever period is longer. The Respondent shall grant access
to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of
Texas, and any federal governmental entity that has authority to review records due to federal
funds being spent under the Contract.
Should a conflict arise between any of the contract documents, it shall be resolved with the
following order of precedence (if applicable). In any event, the final negotiated contract shall
take precedence over any and all contract documents to the extent of such conflict.
1. Final negotiated contract
2. RFP/Bid documents
3. City's standard terms and conditions
4. Purchase order
5. Supplier terms and conditions
Contract # 6736
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
Exhibit D
INSURANCE REQUIREMENTS AND
WORKERS' COMPENSATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractual obligations, which
the successful contractor shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by
the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter.
Contractor shall file with the Purchasing Department satisfactory certificates of insurance
including any applicable addendum or endorsements, containing the contract number and
title of the project. Contractor may, upon written request to the Purchasing Department,
ask for clarification of any insurance requirements at any time; however, Contractor shall
not commence any work or deliver any material until he or she receives notification that
the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comp/y with the following general specifications, and shall be maintained in compliance
with these general specifications throughout the duration of the Contract, or longer, if so
noted:
• Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A or better.
Any deductibles or self-insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions
with respect to the City, its officials, agents, employees and volunteers; or, the contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Liability policies shall be endorsed to provide the following:
■ Name as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
That such insurance is primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
■ Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents,
employees, and volunteers.
Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled or materially changed before the
expiration date.
Contract # 6736
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit providing for claims investigation or legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double the
occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse date.
If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comp/y with the following marked specifications, and shall be maintained in
compliance with these additional specifications throughout the duration of the Contract,
or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and
ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractors and property damage
resulting from explosion, collapse or underground (XCU) exposures.
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
Contract # 6736
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than 500 000 either in a single policy or in a combination of basic
and umbrella or excess policies. The policy will include bodily injury and property damage
liability arising out of the operation, maintenance and use of all automobiles and mobile
equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned hired and non-owned autos.
[X] Workers' Compensation Insurance
Contractor shall purchase and maintain Workers' Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a$500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation
Commission (TWCC).
[] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be
on an "occurrence" basis and the policy shall be issued by the same insurance company
that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00
combined bodily injury and property damage per occurrence with a$1,000,000.00
aggregate.
[] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
Contract # 6736
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Environmental Liability Insurance
Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this
contract.
[ ] Riggers Insurance
The Contractor shall provide coverage for Rigger's Liability. Said coverage may be
provided by a Rigger's Liability endorsement on the existing CGL coverage; through and
Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11,
Rigger's Liability Coverage form. Said coverage shall mirror the limits provided by the
CGL coverage
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a"blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than $ each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
Contract # 6736
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
ATTACHMENT 1
[X] Workers' Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, orTWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on
the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of whether
that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-
operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the Contractor providing services on
the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
Contract # 6736
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
E. The contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
2. no later than seven days after receipt by the contractor, a new certificate
of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of
the project.
F. The contractor shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail
or personal delivery, within 10 days after the contractor knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are required
to be covered, and stating how a person may verify coverage and report lack
of coverage.
I. The contractor shall contractually require each person with whom it contracts
to provide services on a project, to:
1. provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
2. provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration
of the project;
3. provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the duration
of the project;
Contract # 6736
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
b. a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
7. Contractually require each person with whom it contracts, to perform as
required by paragraphs (1) -(7), with the certificates of coverage to be
provided to the person for whom they are providing services.
By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
Contract # 6736
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
Exhibit E
Certif'icate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring
the business entity to file Form 1295 electronically with the Commission.
Contractor will be repuired to furnish a Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The contractor shall:
l. Log onto the State Ethics Commission Website at :
11��t�s://www.��lucs.s�a��.�x.us/w1la�sn�w/�lf infc� fc�r�n1295.11��
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to t�urcllasin�(c�ci�yc�fd�il�c�il.cc�� with the contract number in the subject line.
(EX: Contract 1234 — Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after
Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission's website within seven business days.
Contract # 6736
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
EXHIBIT F
IFB 6736 - Pricing Sheet for Underground Utility �ocation Services
ITEM I UOM I EstaA�nual I
Section A- Electric Utility Location Services:
Respondent's Business Name
Principal Place of Business (City and State)
Type of Service Requested
1 EA 30000 Total Charge per Digg Tess Ticket during normal business hours (Monday - Friday 8am-5 pm)
2 EA 850 Total Charge per Digg Tess Ticket for emergency or after nornial business hours.
3 H R 75 Project Rate (Locates over 8 hours) $ per locates
4 H R 50 Site Surveillance Fee $ per hour
ion B- Fiber Optic Cable Location Services:
5 EA 10000
6 EA 1000
7 QTR HR 50
8 QTR HR 50
Optic - Tota1 charge per ticket received
Optic - Totat charge per after hour catl out ticket
Optic - Proj ect rate per QUARTER hour for tickets that exceed 60 minutes
Optic - Per QUARTER hour for watchdogs or site surveillance work
USIC Locating Services, LLC
Indianapolis, IN
Unit Price:
$12.04
$12.04
$45.90
$45.90
$10.20
$10.20
$11.48
$11.48
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
Exhibit �
House Bi1189 - Government Code 2270
VERIFICATION
I Tim Seelig
�
the undersigned
representative of T; m Seel i g Company or Business name
(hereafter referred to as com�an�), being an adult over the age of eighteen (18)
years of age, verify that the company named-above, under the provisions of
Subtitle F, Title 10, Government Code Chapter 2270:
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract the above-named
Company, business or individual with City of Denton.
Pu�suant to Section 2270.001, Texas Gove�nment Code:
1. "Boycott Is�ael " means �efusing to deal with, te�minating business activities
with, o� othe�wise taking any action that is intended to penalize, inflict
economic ha�m on, o� limit comme�cial �elations specifically with Is�ael, o�
with a pe�son o� entity doing business in Is�ael o� in an Is�aeli-cont�olled
te��ito�y, but does not include an action made fo� o�dina�y business
pu�poses; and
2. "Company" means a fo� p�ofit sole p�op�ieto�ship, o�ganization,
association, co�po�ation, pa�tne�ship, joint ventu�e, limited pa�tne�ship,
limited liability pa�tne�ship, o� any limited liability company, including a
wholly owned subsidia�y, majo�ity-owned subsidia�y, pa�ent company o�
affiliate of those entities o� business associations that exist to make a p�ofit.
Tim Seelig
Name of Company Representative (Print)
DocuSigned by:
I `� J "`^^
Sigr��'��������ompany Representative
5/24/2018
�2te
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
Exhibit H
Senate Bi11252 -Government Code 2252
CERTIFICATION
I Tim Seelig
�
the undersigned
representative of T;m seei;g
(Company or business name) being an adult over the age of eighteen (18) years of
age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and
Section 2252.153, certify that the company named above is not listed on the
website of the Comptroller of the State of Texas concerning the listing of
companies that are identified under Section 806.051, Section 807.051 or Section
2253.153. I further certify that should the above-named company enter into a
contract that is on said listing of companies on the website of the Comptroller of
the State of Texas which do business with Iran, Sudan or any Foreign Terrorist
Organization, I will immediately notify the City of Denton's Materials
Management Department.
Tim Seelig
Name of Company Representative (Print)
DocuSigned by:
I `� J "`^^
ig����r�3c��Company Representative
5/24/2018
�2te
DocuSign Envelope ID: 99328570-ADE8-4A62-8505-D76BED78E513
Exhibit r
CONFLICT OF INTEREST QUESTIONNAIRE -
For vendor or other person doina business with local aovernmental enti
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
FORM CIQ
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
Name of vendor who has a business relationship with local governmental entity. NA
� Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business
day after the date on which you became aware that the oriqinally filed questionnaire was incomplete or inaccurate.)
Name of local government officer about whom the information in this section is being disclosed.
NA
Name of Officer
This section, (item 3 including subparts A, B, C& D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Goveinment Code. Attach additional pages to this Form CIQ as necessasy.
A. Is the local goveinment officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
� Yes � No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local goveinment officer
named in this section AND the taxable income is not received from the local goveinmental entity?
� Yes � No
C. Is the filer of this questionnaire employed by a crnporation or other business entity with respect to which the local govemment officer seives as an
officer or director, or holds an ownership of one percent or more?
� Yes � No
D. Describe each employment or business and family relationship with the local goveinment officer named in this section.
NA
QI have no Conflict of Interest to disclose.
DocuSigned by:
I �� S�
'�1i�2��c��� doing business with the goveinmental entity
5/24/2018
Date
Certificate Of Completion
Envelopeld:99328570ADE84A628505D76BED78E513
Subject: Please DocuSign: City Council Contract 6736
Source Envelope:
Document Pages: 35 Signatures: 5
Certificate Pages: 6 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
5/17/2018 9:06:25 AM
Signer Events
Jody Word
jody.word@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Tim Seelig
timseelig@usicllc.com
Senior Vice President
Tim Seelig
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 5/24/2018 7:54:03 AM
ID:ec56d5fe-1f3e-4ae7-9e93-01b07c54caa2
Larry Collister
larry.col lister@cityofdenton.com
First Assistant City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 9/26/2017 12:27:28 PM
ID:01f5f868-f109-4e29-ad49-21db9046c882
Tabitha Millsop
tabitha.millsop@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Holder: Jody Word
jody.word@cityofdenton.com
Signature
� pl�t�
Using IPAddress: 129.120.6.150
�DocuSigned by:
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B519E23FFC3C428...
Using IPAddress: 50.195.151.157
�DocuSigned by:
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38A6D90FD9384AB...
Using IPAddress:47.190.47.120
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Status: Sent
Envelope Originator:
Jody Word
901 B Texas Street
Denton, TX 76209
jody.word@cityofdenton.com
IP Address: 129.120.6.150
Location: DocuSign
Timestamp
Sent: 5/17/2018 9:11:57 AM
Viewed: 5/17/2018 9:12:13 AM
Signed: 5/17/2018 9:16:32 AM
Sent: 5/17/2018 9:16:34 AM
Resent: 5/17/2018 9:51:15 AM
Resent: 5/18/2018 2:08:41 PM
Resent: 5/21/2018 6:28:56 AM
Resent: 5/22/2018 11:49:55 AM
Resent: 5/23/2018 1:05:48 PM
Viewed: 5/24/2018 7:54:03 AM
Signed: 5/24/2018 7:57:01 AM
Sent: 5/24/2018 7:57:05 AM
Viewed: 5/24/2018 11:47:31 AM
Signed: 6/11/2018 8:08:23 AM
Sent: 6/11/2018 8:08:25 AM
Signer Events
Todd Hileman
Todd. Hileman@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 9:02:14 AM
I D: 57619fbf-2aec-4b 1 f-805d-6bd7d9966f21
Jennifer Walters
jennifer.walters@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jennifer Bridges
jennifer. bridges@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Brad Watt
Brad. Watt@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signature
Signature
Status
Status
Status
Status
Status
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 5/24/2018 7:57:04 AM
Carbon Copy Events Status Timestamp
Joshua Roland
JoshuaRoland@usicl Ic.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 5/17/2018 9:23:26 AM
ID:eadc1129-6961-47e2-903a-46ce5a3187ab
Notary Events
Envelope Summary Events
Envelope Sent
Signature
Status
Hashed/Encrypted
Timestamp
Timestamps
6/11/2018 8:08:25 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 7/21/2017 1:59:03 PM
Parties agreed to: Tim Seelig, Larry Collister, Todd Hileman, Joshua Roland
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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Legislation Text
File #: ID 18-943, Version: 1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a Professional Services Agreement with Burgess & Niple, Inc., for
Design Services of the Morse Street Loop 288 to Mayhill Road street improvement as set forth in the contract;
providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-009- Professional
Services Agreement for design services awarded to Burgess & Niple, Inc., in the not-to-exceed amount of
$255,000). The Public Utilities Board recommends approval (6-0).
City of Denton Page 1 of 1 Printed on 6/15/2018
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DEPARTMENT:
CM:
DATE:
SUBJECT
AGENDA INFORMATION SHEET
Materials Management
Todd Hileman
June 19, 2018
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a Professional Services Agreement with Burgess & Niple, Inc., for
Design Services of the Morse Street Loop 288 to Mayhill Road street improvement as set forth in the
contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-009-
Professional Services Agreement for design services awarded to Burgess & Niple, Inc., in the not-to-exceed
amount of $255,000). The Public Utilities Board recommends approval (6-0).
RFQ INFORMATION /BACKGROUND
The Morse Street project is a street improvement project that was a part of the 2014 General Bond Election
and is one of the City's Capital Improvement Programs. The limits are between Loop 288 and Mayhill Road
that will complete the widening of Morse Street from two lanes to four lanes with a median. Currently, there
are four lanes with a median from Loop 288 to Kimberly and then two lanes to Mayhill. This project will
complete the widening from Kimberly to Mayhill.
Request for Qualifications for professional engineering services was solicited using the City's formal
solicitation process. City Council approved a pre-qualified list of engineering firms on March 6, 2018
(Ordinance 2018-331). Burgess & Niple, Inc. is one of the qualified firms that submitted for the Design of
Roadways, Intersections and Bridges category and has been selected for the Hickory Creek (East) street
improvement project.
The proposed engineering contract for this project will be on an hourly basis with a not-to-exceed amount
of $255,000. The scope of services will include:
• Design for the street widening improvements
• Analysis and design of the storm drain improvements
• Design for water line replacement and relocation
• Analysis and design of roadway lighting
• Bid phase support
• Construction phase support
• Preparation of Right-of-Way acquisition documents
• Subsurface Utility Exploration (SUE) services
• Geotechnical investigation services
• Public involvement support
Staff has reviewed the fee schedule in comparison with the scope of services and agree it is reasonable to
the work being performed. The preliminary opinion of probable construction cost for the project is
approximately $2,200,000. These numbers will be verified as the design of the project progresses.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On March 6, 2018, Council approved RFQ 6590 for a prequalified list of professional engineering firms
(Ordinance 18-331).
On June 1 l, 2018, the Public Utilities Board (PUB) recommended this item to the City Council for
consideration.
RECOMMENDATION
Award a professional services contract with Burgess & Niple, Inc., for engineering services associated
with the Morse Street Loop 288 to Mayhill Road street project in a not-to-exceed amount of $255,000.
PRINCIPAL PLACE OF BUSINESS
Burgess & Niple, Inc.
Columbus, OH
ESTIMATED SCHEDULE OF PROJECT
The consultant is prepared to begin the services associated with this Agreement immediately with the goal
of completing design by December 2018. Construction is anticipated for FY 2019.
FISCAL INFORMATION
These services will be funded from Capital Improvement Plan Engineering account 250022467 in the
amount of $225,650. The remaining budget amount for this item is $2,898,389.85. The water replacement
portion of this project will be funded from the Water Department account 630349517 in the amount of
$24,350. Requisition #138550 has been entered into the Purchasing software system in the amount of
$255,000.00. The remaining budget amount for this item is $170,000.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area:
Related Goal:
EXHIBITS
Public Infrastructure
2.2 Seek solutions to mobility demands and enhance connectivity
Exhibit 1: Agenda Information Sheet
Exhibit 2: Map
Exhibit 3: Contract
Exhibit 4: Ordinance
Respectfully submitted:
Karen Smith, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Todd Estes, P.E., 940-349-8917
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PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
FILE 6590-009
THIS AGREEMENT is made and entered into on , 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 Bur�ess &
Ni�le, Inc., with its corporate office at 5085 Reed Road, Columbus, OH 43220 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 5, in connection with the Project. The Project shall include,
without limitation, (describe the Project in the space below or in an attachment)
SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional for personnel time, non-labor expenses, and
subcontract expenses in performing services for an amount not to exceed $250,000.
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall be $250,000.
2.1.2 Progress payments for Basic Services shall be paid per the following brealcdown for the total
compensation for the Basic Services satisfactorily completed at the end of the following
phases/tasks of the Project:
Project Management
Conceptual Design
Preliminary Design
Final Design
Bid Phase
Construction Phase Services
ROW/Easement Services
Survey and SUE
Permitting
Water Design, Bidding & Const. Admin
Page 1
$27,500
$25,450
$36,800
$31,650
$13,400
$36,300
$13,800
$26,250
$ 3,400
$24,350
C:�ProgramData\activePDF\Temp\DocConverter\APnInput\$ab3937d43a12$E7725D1A4D764D9E9238E058DCB3490B.doc
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Miscellaneous Design Services $11,100
TOTAL (Basic Services) $250,000
-----------------------------------------------------------------------------
Contract Total (with reimbursable expenses) $255,000
2.2 REIMBURSABLE EXPENSES Non-labor reimbursable expenses shall be reimbursed as Direct
Expenses at invoice plus a marlcup of ten (10) percent as defined in the General Conditions but not to
exceed a total of $5,000 without the prior written approval of the Owner.
SECTION 3
INVOICES
Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney
St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract administrator as
identified in the Notice to Proceed. It is the intention of the City of Denton to make payment on
completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual
circumstances arise. Invoices must be fully documented as to labor, materials, and equipment
provided, if applicable, and must reference the City of Denton Purchase Order Number in order
to be processed. No payments shall be made on invoices not listing a Purchase Order Number.
SECTION 4
Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the Contractor
submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the
signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file
Form 1295 electronically with the Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The contractor shall:
Log onto the State Ethics Commission Website at :
��tt�7se//va��.�t��i�s.st�t�.tx..�s/va���tsnn�va/�lfr inn�`c� �`c��-x��1��95.��tx��
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to ,�7;v�a-�p��,s,irr�,�(�)�it�c�fr�i�rr�tc�rr�.�c�z� with the contract number in the subject line.
(EX: Contract 1234 — Form 1295)
The City must acicnowledge the receipt of the filed Form 1295 not later than the 30th day after Council
award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's
website within seven business days.
Page 2
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DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
SECTION 5
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— Attachment A- The Design Professional's Proposal
Exhibit 3— House Bill 89 — Government Code 2270 Verification Form
Exhibit 4- Senate Bill 252 — Government Code 2252 Certification Form
The parties agree to transact business electronically. Any statutory requirements that certain terms be
in writing will be satisfied using electronic documents and signing. Electronic signing of this document
will be deemed an original for all legal purposes.
This Agreement is signed by the parties hereto effective as of the date first above written.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
�-Oa�cuSigne[N f�y:
BY: � i�'�5{�..�^
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CITY OF DENTON
:
TODD HILEMAN
CITY MANAGER
DE`�1G1� F1i�LV� DceuSigned by:
BY: -"'.��'��" �"
��093�HEECC�5014�A... —
Firm's Officer/Representative
(Signature)
2018-353978
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
Page 3
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EXffiBIT 1
CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCffiTECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCffiTECT OR ENGINEER'S RESPONSIBILITIES
11 The Architect ar Engineer's services consist of those services for the Project (as defined in the agreement (the "AgreemenP� and proposal (the "Proposal") to which these
General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional'� or Design Professional's employees and consultants as
enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services").
1.2 The Design Professional will perform all Services as an independent contractar to the prevailing professional standards consistent with the level of care and skill ardinarily
exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely
actions (the "Degree of Care"). The Services shall be performed as eapeditiously as is consistent with the Degree of Care necessary far the arderly progress of the Project
Upon request of the Owner, the Design Professional shall submit far the Owner's approval a schedule far the performance of the Services which may be adjusted as the Project
proceeds, and shall include allowances far periods of time required far the Owner's review and far approval of submissions by autharities having jurisdictaon over the Project
Time limits established by this schedule and approved by the Owner shall not, except far reasonable cause, be exceeded by the Design Professional ar Owner, and any
adjustments to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
21 BASIC SERVICES DEFINED The Design ProfessionaPs Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include
without limitataon narmal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of
Constructaon Documents, as described by and required in Sectaon 2.4. The Basic Services may be modiYied by the Agreement.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program far the Project to ascertain Owner's needs and to establish the
requirements far the Project.
2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in
terms of the other, subject to the limitations set forth in Subsection 5.21.
2.2.3 The Design Professional shall review with the Owner altematave approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall
contemplate compliance with all applicable laws, statutes, ardinances, codes and regulataons.
2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume ar other unit costs and
which indicates the cost of each category of wark involved in constructing the Project and establishes an elapsed time factar far the period of time from the
commencement to the completion of construction.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule ar construction budget, the Design
Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and
character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply
with all applicable laws, statutes, ardinances, codes and regulataons. Notwithstanding Owner's approval of the documents, Design Professional represents that the
Documents and speciYications will be sufficient and adequate to fulfill the puiposes of the Project.
2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described
in Section 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any Yurther adjustments in the scope ar quality of the Project ar in the construction budget
authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Constructaon Documents consisting of Drawings and Specifications settang
farth in detail requirements far the construction of the Proj ect, which shall comply with all applicable laws, statutes, ardinances, codes and regulations.
2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding ar procurement information, bidding ar procurement forms, the
Conditions of the contract, and the form of Agreement between the Owner and contractar.
2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements
ar general market conditions.
2.4.4 The Design Professional shall assist the Owner in connectaon with the Owner's responsibility far Yiling documents required far the approval of governmental
authorities having jurisdiction over the Project.
2.5 CONSTRUCTION CONTRACT PROCUREMENT
2.5.1 The Design Professional, following the Owner's approval of the Constructaon Documents and of the latest preliminary detailed estimate of Construction Cost,
shall assist the Owner in procuring a construction contract far the Project through any procurement method that is legally applicable to the Project including without
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limitation, the competative sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the constructaon contract is in
the sole discretaon of the Owner.
2.5.2 If the construction contract amount far the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable
Constructaon Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Constructaon
Documents as may be required by the Owner to reduce ar modiYy the quantity ar quality of the wark so that the total construction cost of the Project will not exceed
the total constructaon cost set farth in the approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.6.1 The Design Professional's responsibility to provide Basic Services far the Construction Phase under this Agreement commences with the award of the Contract
far Construction and tetminates at the issuance to the Owner of the final Certificate far Payment, unless extended under the terms of Subsectaon 8.3.2.
2.6.2 The Design Professional shall provide detailed administrataon of the Contract far Construction as set forth below. Far design professionals the administrataon
shall also be in accardance with AIA document A201, General Conditions of the Contract far Construction, current as of the date of the Agreement as may be
amended by the City of Denton special conditions, unless otherwise provided in the Agreement. Far engineers the administrataon shall also be in accardance with the
Standard SpeciYicataons far Public Warks Construction by the North Central Texas Council of Govemments, current as of the date of the Agreement, unless otherwise
provided in the Agreement.
2.6.3 Constructaon Phase duties, responsibilities and limitations of autharity of the Design Professional shall not be restricted, modiYied ar extended without written
agreement of the Owner and Design Professional.
2.6.4 The Design Professional shall be a representatave of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's directaon from
time to time during the correctaon, or warranty period described in the Contract far Constructaon. The Design Professional shall have autharity to act on behalf of the
Owner only to the extentprovided in the Agreement and these General Conditions, unless otherwise modified by written instrument.
2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while
construction is not in progress, to become familiar with the progress and quality of the wark completed and to determine if the wark is being performed in a manner
indicating that the wark when completed will be in accardance with the Contract Documents. Design Professional shall provide Owner a written repart subsequent to
each on-site visit. On the basis of on-site observataons the Design Professional shall keep the Owner informed of the progress and quality of the wark, and shall
exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects ar deYiciencies in the wark of Contractar ar any
subcontractars. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall
promptly correct any defective designs ar specificataons hunished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of ar
payment far all ar any part of the Design Professional's Services hereunder ar of the Project itself shall in no way alter the Design Professional's obligations ar the
Owner's rights hereunder.
2.6.6 The Design Professional shall not have control over ar charge of and shall not be responsible far construction means, methods, techniques, sequences ar
procedures, ar far safety precautions and programs in connectaon with the wark. The Design Professional shall not be responsible far the Contractar's schedules ar
failure to carry out the wark in accardance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts ar omis-
sions. The Design Professional shall not have control over ar charge of acts ar omissions of the Contractor, Subcontractars, ar their agents ar employees, ar of any
other persons performing portions of the wark.
2.6.7 The Design Professional shall at all times have access to the wark wherever it is in preparation ar progress.
2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractar
shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional.
2.6.9 Based on the Design Professional's observations at the site of the wark and evaluations of the Contractar's Applications far Payment, the Design Professional
shall review and certiYy the amounts due the Contractar.
2.610 The Design Professional's certification far payment shall constitute a representation to the Owner, based on the Design Professional 's observations at the site as
provided in Subsection 2.6.5 and on the data comprising the Contractar's Application far Payment, that the wark has progressed to the point indicated and that the
quality of the Wark is in accardance with the Contract Documents. The faregoing representations are subject to minar deviations from the Contract Documents car-
rectable priar to completaon and to specific qualifications expressed by the Design Professional. The issuance of a Certificate far Payment shall Yurther constitute a
representation that the Contractar is entitled to payment in the amount certified. However, the issuance of a Certificate far Payment shall not be a representation that
the Design Professional has (1) reviewed construction means, methods, techniques, sequences ar procedures, ar(2) ascertained how ar for whatputpose the Contractar
has used money previously paid on account of the Contract Sum.
2.6.11 The Design Professional shall have the responsibility and authority to reject wark which does not conform to the Contract Documents. Whenever the Design
Professional considers it necessary ar advisable far implementataon of the intent of the Contract Documents, the Design Professional will have authority to require
additional inspection ar testing of the wark in accardance with the provisions of the Contract Documents, whether ar not such Wark is fabricated, installed ar
completed. However, neither this authority of the Design Professional nar a decision made in good faith either to exercise ar not exercise such authority shall give rise
to a duty ar responsibility of the Design Professional to the Contractor, Subcontractars, material and equipment suppliers, their agents ar employees ar other persons
pertorming portions of the wark.
2.6.12 The Design Professional shall review and approve ar take other appropriate actaon upon Contractar's submittals such as Shop Drawings, Product Data and
Samples far the puipose of (1) determining compliance with applicable laws, statutes, ardinances and codes; and (2) detemiining whether ar not the wark, when
completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no
delay in the wark ar in the construction of the Owner ar of separate contractars, while allowing sufficient time in the Design Professional's professional judgment to
permit adequate review. Review of such submittals is not conducted far the putpose of determining the accuracy and completeness of other details such as dimensions
and quantities ar far substantiatang instructions far installataon ar perfarmance of equipment ar systems designed by the Contractor, all of which remain the
responsibility of the Contractar to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions
or, unless otherwise speciYically stated by the Design Professional, of construction means, methods, techniques, sequences ar procedures. The Design Professional's
approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification ofperformance characteristics
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of materials, systems ar equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the
materials, systems ar equipment will meet the performance criteria required by the Contract Documents.
2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directaves, with supporting documentataon and data if deemed necessary by
the Design Professional as provided in Subsections 311 and 3.3.3, far the Owner's approval and executaon in accardance with the Contract Documents, and may
authorize minar changes in the wark not involving an adjustment in the Contract Sum ar an extension of the Contract Time which are not inconsistent with the intent
of the Contract Documents.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completaon and Final Completion, and if
requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related
documents required by the Contract far Constructaon to be assembled by the Contractar and shall issue a Yinal certiYicate far Payment upon compliance with the
requirements of the Contract Documents.
2.6.15 The Design Professional shall intetpret and provide recommendataons on matters conceming performance of the Owner and Contractar under the requirements
of the Contract Documents on written request of either the Owner ar Contractar. The Design Professional's response to such requests shall be made with reasonable
promptness and within any time limits agreed upon.
2.6.16 Intetpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall
be in writing ar in the form of drawings. When making such intetpretataons and initial decisions, the Design Professional shall endeavar to secure faithful perfarmance
by both Owner and Contractor, and shall not be liable far results ar intetpretations ar decisions so rendered in good faith in accardance with all the provisions of this
Agreement and in the absence of negligence.
2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes ar other matters in question between the Owner and
Contractar relating to the execution ar progress of the wark as provided in the Contract Documents.
2.6.18 The Design Professional (1) shall render services under the Agreement in accardance with the Degree of Care; (2) will reimburse the Owner far all damages
caused by the defectave designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any
rights the Owner may have under the Agreement ar diminish any of the Design Professional's obligations thereunder.
2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Constructaon Documents during
the Construction Phase.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
31.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement ar Proposal, and they shall be paid far by the
Owner as provided in the Agreement, in addition to the compensataon far Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if
authorized ar confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond
the Design Professional's control, the Design Professional shall notaYy the Owner in writing and shall not commence such additional services until it receives written
approval tsom the Owner to proceed. If the Owner indicates in writing that all ar part of such Contingent Additional Services are not required, the Design Professional
shall have no obligation to provide those services. Owner will be responsible far compensatang the Design Professional far Contingent Additional Services only if
they are not required due to the negligence ar fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If mare extensive representataon at the site than is described in Subsectaon 2.6.5 is required, the Design Professional shall provide one ar mare Project
Representatives to assist in carrying out such additional on-site responsibilities.
3.2.2 Project Representataves shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefar as
agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications ar other documents when such revisions are:
1. inconsistent with approvals ar instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's
program ar Project budget
2. required by the enactment ar revision of codes, laws ar regulations subsequent to the preparation of such documents, ar
3. due to changes required as a result of the Owner's failure to render decision in a timely manner.
3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, ar the Owner's schedule, except
far services required under Subsection 2.5.2.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connectaon with Change Orders and
Constructaon Change Directives.
3.3.4 Providing consultataon conceming replacement of wark damaged by fire ar other cause during construction, and fumishing services required in connectaon with
the replacement of such wark.
3.3.5 Providing services made necessary by the default of the Contractar, by majar defects ar deYiciencies in the wark of the Contractor, ar by failure of pertormance
of either the Owner ar Contractor under the Contract far Construction.
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3.3.6 Providing services in evaluatang an extensive number of claims submitted by the Contractar ar others in connection with the warlc
3.3.7 Providing services in connectaon with apublic hearing, arbitrataon proceeding ar legal proceeding except where the Design Professional is party thereto.
3.3.8 Providing services in addition to those required by Article 2 far preparing documents far altemate, separate ar sequential bids ar providing services in connectaon
with bidding ar construction priar to the completion of the Construction Documents Phase.
3.39 Notwithstanding anything contained in the Agreement, Proposal ar these General Conditions to the contrary, all services described in this Article 3 that are
caused ar necessitated in whole ar in part due to the negligent act ar omission of the Design Professional shall be perfarmed by the Design Professional as apart of the
Basic Services under the Agreement with no additional compensation above and beyond the compensataon due the Design Professional far the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design ProfessionaPs obligations under this Subsectaon 3.3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility ar other special studies.
3.4.2 Providing planning surveys, site evaluations ar comparative studies of prospective sites.
3.4.3 Providing special sutveys, environmental studies and submissions required for approvals of govemmental autharities ar others having jurisdiction over the
Project.
3.4.4 Providing services relative to Yuture facilities, systems and equipment.
3.4.5 Providing services to investigate existing conditions ar facilities ar to make measured drawings thereof.
3.4.6 Providing services to veriYy the accuracy of drawings ar other information fiunished by the Owner.
3.4.7 Providing coardination of construction pertormed by separate contractars ar by the Owner's own farces and coardinataon of services required in connectaon with
construction pertormed and equipment supplied by the Owner.
3.4.8 Providing detailed quantity surveys ar inventories of material, equipment and labar.
3.4.9 Providing analyses of operatang and maintenance costs.
3.4.10 Making investigataons, inventories of materials ar equipment, ar valuataons and detailed appraisals of existing facilities.
3.4.12 Providing assistance in the utilization of equipment ar systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals,
training personnel far operation and maintenance and consultataon during operation.
3.4.13 Providing interiar design and similar services required far ar in connection with the selection, procurement ar installataon of fumiture, fumishings and related
equipment.
3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the Yinal Certificate far Payment and expiration of the Warranty
period of the Contract far Construction.
3.4.15 Providing services of consultants far other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of
Basic Services.
3.4.16 Providing any other services not otherwise included in this Agreement ar not customarily furnished in accardance with generally accepted architectural
practice.
3.4.17 Preparing a set of reproducible recard drawings in addition to those required by Subsection 2.619, showing significant changes in the wark made during con-
struction based on marked-up prints, drawings and other data Yumished by the Contractar to the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreement, Proposal ar these General Conditions to the contrary, all services described in this Article 3 that are
caused ar necessitated in whole ar in part due to the negligent act ar omission of the Design Professional shall be performed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensataon due the Design Professional far the Basic Services. The
intervening ar concurrent negligence of the Owner shall not limit the Design ProtBssionaPs obligations under this Subsection 3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILITIES
41 The Owner shall consult with the Design Professional regarding requirements far the Project, including (1) the Owner's objectives, (2) schedule and design
constraints and criteria, including space requirements and relationships, Ylexibility, expendability, special equipment, systems and site requirements, as mare speci-
fically described in Subsectaon 2.21.
4.2 The Owner shall establish and update an overall budget far the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies
related to all of these costs.
4.3 If requested by the Design Professional, the Owner shall fumish evidence that financial arrangements have been made to fulfill the Owner's obligations under this
Agreement.
4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project The Owner ar such authorized representative shall
render decisions in a timely manner pertaining to documents submitted by the Design Professional in arder to avoid unreasonable delay in the arderly and sequential
progress of the Design Professional's services.
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4.5 Where applicable, the Owner shall Yumish surveys describing physical characteristics, legal limitations and utality locataons far the site of the Project, and a written
legal description of the site. The surveys and legal infarmation shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and
structures; adjacent drainage; rights-of-way, restrictaons, easements, encroachments, zoning, deed restrictaons, boundaries and contours of the site; locataons,
dimensions and necessary data pertaining to existing buildings, other improvements and trees; and informataon concerning available utility services and lines, both
public and private, above and below grade, including inverts and depths. All the information on the sutvey shall be referenced to a project benchmark.
4.6 Where applicable, the Owner shall hunish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may
include but are not limited to test borings, test pits, determinataons of soil bearing values, percolataon tests, evaluataons of hazardous materials, ground corrosion and r�
sistivity tests, including necessary operations far anticipating sub-soil conditions, with reports and appropriate professional recommendations.
4.6.1 The Owner shall Yumish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design
Professional and are not retained by the Design Professional as part of its Basic Services ar Additional Services.
4.7 When not a part of the Additional Services, the Owner shall Yumish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials,
and other labaratory and environmental tests, inspections and reports required by law ar the Contract Documents.
4.8 The Owner shall fumish all legal, accounting and insurance counseling services as may be necessary at any time far the Project, including auditing services the
Owner may require to veriYy the Contractar's Applicataons far Payment ar to ascertain how ar for what putposes the Contractar has used the money paid by ar on
behalf of the Owner.
49 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be fumished at the Owner's expense, and the Design
Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional.
410 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault ar defect in the Project ar nonconformance with
the Contract Documents.
411 Design Professional shall propose language far certificates ar certifications to be requested of the Design Professional ar Design Professional's consultants and
shall submit such to the Owner far review and approval at least fourteen (14) days priar to execution. The Owner agrees not to request certifications that would require
knowledge ar services beyond the scope of the Agreement.
ARTICLE 5 CONSTRUCTION COST
51 CONSTRUCTION COST DEFINED
51.1 The Construction Cost shall be the total cost ar estimated cost to the Owner of all elements of the Project designed ar specified by the Design Professional.
51.2 The Construction Cost shall include the cost at current market rates of labar and materials Yumished by the Owner and equipment designed, specified, selected ar
specially provided far by the Design Professional, plus a reasonable allowance far the Contractar's overhead and proYit. In addition, a reasonable allowance far con-
tingencies shall be included far market conditions at the time of bidding and far changes in the wark during construction.
51.3 Construction Cost does not include the compensataon of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way,
financing ar other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Constructaon Cost and detailed estimates of Construction Cost prepared by the Design
Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither
the Design Professional nar the Owner has control over the cost of labor, materials ar equipment, over the Contractar's methods of determining bid prices, ar over
competitive bidding ar market conditions. Accardingly, the Design Professional cannot and does not warrant ar represent that bids ar cost proposals will not vary
tsom the Owner's Project budget ar tsom any estimate of Construction Cost ar evaluation prepared ar agreed to by the Design Professional.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the Yumishing, proposal ar establishment of a Project budget, unless
such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be pemiitted
to include contingencies far design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be
included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents altemate bids to adjust the
Constructaon Cost to the fixed limit Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract
far Construction.
5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project
budget ar fixed limit of Constructaon Cost shall be adjusted to reYlect changes in the general level of prices in the constructaon industry between the date of submission
of the Constructaon Documents to the Owner and the date on which proposals are sought
ARTICLE 6 OWNERSffiP AND USE OF DOCUMENTS
61 The Drawings, Specifications and other documents prepared by the Design Professional far this Project are instruments of the Design Professional's service and shall
become the property of the Owner upon termination ar completaon of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such
documents are intended only be applicable to this Project, and O���ler's use of such documents in other projects shall be at O���ler's sole risk and eapense. In the event the
Owner uses any of the infarmation ar materials developed pursuant to the Agreement in another project ar far other puiposes than are speciYied in the Agreement, the Design
Professional is released tsom any and all liability relating to their use in thatproject
6.2 Submission ar distribution of documents to meet official regulatory requirements ar far similar puiposes in connection with the Project is not to be construed as publicataon
in derogataon of the Design Professional's reserved rights.
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ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT
71 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to pertorm in accardance with the
terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement ar any phase thereof with or without cause upon thirty (30) days
prior written notice to the Design Professional. All wark and labar being performed under the Agreement shall cease immediately upon Design ProtBssionaPs receipt of such
notice. Befare the end of the thirty (30) day period, Design Professional shall invoice the Owner far all wark it satisfactorily pertormed priar to the receipt of such notice. No
amount shall be due far lost ar anticipated profits. All plans, field sutveys, and other data related to the Project shall become property of the Owner upon termination of the
Agreement and shall be promptly delivered to the Owner in a reasonably arganized form. Should Owner subsequently contract with a new Design Professional far continuation
of services on the Project, Design Professional shall cooperate in providing information.
7.2 If the Project is suspended by the Owner far mare than 30 consecutave days, the Design Professional shall be compensated far services satisfactorily performed priar to
notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide far expenses incurred in the intetruption
and resumption of the Design Professional's services.
7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently
abandoned. If the Project is abandoned by the Owner far mare than 90 consecutive days, the Design Professional ar the Owner may terminate the Agreement by giving written
notice.
7.4 Failure of the Owner to make payments to the Design Professional for wark satisfactarily completed in accardance with the Agreement shall be considered substantial non-
pertormance and cause far termination.
7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement far services properly and satisfactarily pertormed, the Design
Professional may, upon seven days written notace to the Owner, suspend performance of services under the Agreement.
7.6 In the event of temiination not the fault of the Design Professional, the Design Professional shall be compensated far services properly and satisfactarily performed priar to
terminataon.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
81 DIRECT PERSONNEL EXPENSE
81.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their
mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefits.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Expenses are in addition to compensataon far Basic and Additional Services and include expenses incurred by the Design Professional and
Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses.
8.2.1.1 Expense of transportataon in connectaon with the Project expenses in connection with authorized out-of-town travel; long-distance communications;
and fees paid far securing approval of autharities having jurisdiction over the Project.
8.2.1.2 Expense of reproductaons (except the reproduction of the sets of documents referenced in Subsection 2.619), postage and handling of Drawings,
Specificataons and other documents.
8.2.1.3 If authorized in advance by the Owner, expense of overtime wark requiring higher than regular rates.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner.
8.2.1.5 Expense of computer-aided design and drafting equipment time when used in connectaon with the Proj ect
8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Payments far Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the
basis set forth in Section 2 of the Agreement and the schedule of warlc
8.3.2 If and to the extent that the time initially established in the Agreement is exceeded ar extended through no fault of the Design Professional, compensataon far any
services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement
8.3.3 When compensataon is based on a percentage of Construction Cost and any portions of the Project are deleted ar otherwise not constructed, compensataon far
those portions of the Project shall be payable to the extent services are performed on those portions, in accardance with the schedule set forth in Section 2 of the
Agreement based on (1) the lowest bona fide bid ar(2) if no such bid ar proposal is received, the most recent preliminary estimate of Construction Cost ar detailed
estimate of Constructaon Cost far such portions of the Project
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Payments on account of the Design Professional's Additional Services and far Reimbursable Expenses shall be made monthly within 30 days after the
presentation to the Owner of the Design Professional's statement of services rendered ar expenses incurred.
8.5 PAYMENTS WITHHELD No deductaons shall be made tsom the Design Professional's compensation on account of penalty, damages ar other sums withheld tsom
payments to contractars, ar on account of the cost of changes in the wark other than those for which the Design Professional is responsible.
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8.6 DESIGN PROFESSIONAL'S ACCOi7NTING RECORDS Design Professional shall make available to Owner ar Owner's authorized representative recards of
Reimbursable Expenses and expenses pertaining to Additional Services and services perfarmed on the basis of a multiple of Direct Personnel Expense far inspection and
copying during regular business hours far three years after the date of the Yinal Certificate of Payment, ar until any litigataon related to the Project is final, whichever date is
later.
ARTICLE 9 INDEMNITY
9.1 The Design Professional shall indemniYy and save and hold harmless the Owner and its oi�icers, 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 attarney fees incurred by the Owner, and including, without
limitation, damages far bodily and personal injury, death and property damage, resulting from the negligent acts ar omissions of the Design Professional ar its ofYicers,
shareholders, agents, ar employees in the perfarmance of the Agreement.
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses,
both at law ar equity, to any claim, cause of action, ar litigation Yiled by anyone not a party to the Agreement, including the defense of governmental immunity, which
defenses are hereby expressly reserved.
ARTICLE lOINSURANCE During the perfarmance of the Services under the Agreement, Design Professional shall maintain the following insurance with an
insurance company licensed ar autharized to do business in the State of Texas by the State Insurance Commission ar any successar agency that has a rating with Best
Rate Carriers of at least an A- ar above:
101 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 far each occurrence and not less than $2,000,000 in the aggregate,
and with property damage limits of not less than $100,000 far each occurrence and not less than $250,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 far each person and not less than $500,000 far each accident, and with property
damage limits of not less than $100,000 far each accident.
10.3 Warker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 far each
accidentincluding occupational disease.
10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
10.5 The Design Professional shall furnish insurance certiYicates ar insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time
of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers'
Compensation policy shall contain a waiver of subrogation in favar of the Owner, and each policy shall contain a provision that such insurance shall not be canceled ar
modified without thirty (30) days' prior written notice to Owner and Design Professional. In such even� the Design Professional shall, priar to the effective date of the
change ar cancellation, Yumish Owner with substitute certiYicates of insurance meeting the requirements of this Article 10.
ARTICLE ll MISCELLANEOUS PROVISIONS
11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit ar cause of action under the Agreement shall lie exclusively in Denton County,
Texas.
11.2 The Owner and Design Professional, respectavely, bind themselves, their partners, successars, assigns and legal representatives to the other party to this Agreement and to
the partners, successars, assigns and legal representataves of such other party with respect to all covenants of this Agreement The Design Professional shall not assign its
interests in the Agreement without the written consent of the Owner.
11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the
Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all priar negotiations, representations ar
agreements, either written ar aral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the
Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is
reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conYlict so that they can not be reasonably harmonized,
such documents shall be given priority in the following arder:
1. The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General Provisions
4. The Proposal
11.4 Nothing contained in the Agreement shall create a contractual relationship with ar a cause of action in favar of a third party against either the Owner ar Design
Professional.
11.5 Upon receipt ofprior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs
of the exterior and interior, among the Design ProtBssionaPs promotional and prot8ssional materials. The Design ProtBssional's materials shall not include the Owner's
conYidential ar proprietary informataon if the Owner has previously advised the Design Professional in writing of the speciYic information considered by the Owner to be confi-
dential ar proprietary. The Owner shall provide professional credit far the Design Professional on the construction sign and in the promotional materials far the Project.
11.6 Approval by the Owner shall not constitute, nar be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents,
subcontractars, and subconsultants far the accuracy and competency of their designs ar other wark; nar shall such approval be deemed to be an assumption of such
responsibility by the Owner far any defect in the design ar other wark prepared by the Design Professional, its employees, subcontractars, agents, and consultants.
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11.7 All notices, communications, and reparts required ar permitted under the Agreement shall be personally delivered ar mailed to the respective parties by depositing
same in the United States mail to the address shown below signature block on the Agreement, certiYied mail, return receipt requested, unless otherwise speciYied herein.
All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing.
11.8 If any provision of the Agreement is found ar deemed by a court of competent jurisdiction to be invalid ar unenfarceable, it shall be considered severable from the
remainder of the Agreement and shall not cause the remainder to be invalid ar unenfarceable. In such event, the parties shall refarm the Agreement to replace such
stricken provision with a valid and enfarceable provision which comes as close as possible to expressing the intention of the stricken provision.
11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ardinances applicable to the wark covered hereunder as they
may now read ar hereinafter be amended during the term of this Agreement.
1110 In perfarming the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex,
national arigin ar ancestry, age, ar physical handicap.
1111 The captions of the Agreement are far infarmational purposes only, and shall not in any way affect the substantive terms ar conditions of the Agreement.
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ATTACHMENT "A"
Scope of Services for Morse Street Expansion
The scope set forth herein defines the work to be performed by Burgess & Niple, Inc.,
(ENGINEER) in completing the project. Both the CITY and ENGINEER have attempted to
clearly define the work to be performed and address the needs of the Project.
OBJECTIVE
The Morse Street Expansion project limits are from Loop 288 to Mayhill Road. The project will
provide uniform capacity for Morse Street throughout its length by removing the potential "pinch
point" between Kimberly Drive and Mayhill Road. There is a possibility that right-of-way may be
needed to remove this "pinch point".
The existing Morse Street is an asphaltic two-lane road between Kimberly Drive and Mayhill
Road. This section will be evaluated for possible milling and overlaying. The portion of Morse
Street from Kimberly Drive to Loop 288 is built as a secondary arterial (four-lane divided). The
south side is concrete pavement and the north side is asphalt. The concrete portion is in good
condition and will not be changed by this project. The asphalt portion will be evaluated with this
project to be considered for possible milling and overlaying.
Along its length, Morse Street has an 8" water line, with a short amount of 6" water line at the
east end. West of Kimberly Drive is an 8" sanitary sewer line and east of Kimberly Drive is an
18" sanitary sewer line. The water lines under Morse Street from Kimberly Drive to Mayhill
Road will be replaced with this project. No sanitary sewer rehabilitation is included in this
project. Overhead electrical may need to be relocated and is anticipated to be done by City
forces. Evaluation of the existing street lighting from Loop 288 to Kimberly Drive is included in
this project. Design of new street lighting from Kimberly Drive to Mayhill Road is also included in
this project.
ENGINEER will design the improvements, prepare construction documents for the purpose of
taking bids one time and assist with construction administration of the project.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Conceptual Design
Task 3. Preliminary Design
Task 4. Final Design
Task 5. Bid Phase Services
Task 6. Construction Phase Services
Task 7. ROW/Easement Services
Task 8. Survey and Subsurface Utility Engineering Services
Task 9. Permitting
Task 10. Water Design, Bid Phase Services and Construction Phase Services
Task 11. Miscellaneous Design Services
TASK 1. DESIGN MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of
ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate
effectively, coordinate internally and externally as needed, and proactively address issues with
the CITY's Project Manager and others as necessary to make progress on the work.
City of Denton, Texas
Attachment A
Page 1 of 15
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ATTACHMENT "A"
Scope of Services for Morse Street Expansion
1.1. Managing the Team
• Lead, manage and direct design team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members
• Task and allocate team resources
1.2. Communications and Reporting
• Attend a pre-design project kickoff/chartering meeting with CITY stafF to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional designs
that meet CITY requirements
• Conduct review meetings with the CITY at the end of each design phase
• Prepare and submit monthly invoices and progress reports.
• Prepare and submit baseline Project Schedule initially, and Project Schedule updates
with a schedule narrative monthly.
• Coordinate with other agencies and entities as necessary for the design of the proposed
infrastructure, and provide and obtain information needed to prepare the design
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D. Baseline design schedule
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The Conceptual Design shall be submitted to CITY per the approved Project Schedule.
The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate
through the defined deliverables, and recommend the design concept that successfully
addresses the design problem, and to obtain the CITY's endorsement of this concept.
ENGINEER will develop the conceptual design of the infrastructure as follows.
2.1. Data Collection
In addition to data obtained from the CITY, ENGINEER will research and make
efforts to obtain pertinent information to aid in coordination of the proposed
improvements with any planned future improvements that may influence the project.
ENGINEER will also identify and seek to obtain data for existing conditions that may
impact the project including; utilities, agencies (TxDOT and railroads), City Master
Plans, adjacent ongoing projects and property ownership as available from the Tax
Assessor's office.
City of Denton, Texas
Attachment A
Page 2 of 15
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ATTACHMENT "A"
Scope of Services for Morse Street Expansion
• The data collection efForts will also include conducting special coordination meetings
with affected property owners and businesses as necessary to develop sewer re-
routing plans.
2.2. Subsurface Utility Engineering
• Provide Subsurface Utility Engineering (SUE) per Task 8.
2.3. The Conceptual Design Package shall include the following:
• Preliminary cover and index of sheets including project limits, area location map and
beginning and end station limits.
• SUE Plan sheets sealed by a licensed professional engineer registered in the State
of Texas.
TrafFic Control Plan: Develop a trafFic control plan utilizing standard "typical" traffic
re-route configurations. The typicals need not be sealed individually, if included in
the sealed contract documents. Develop supplemental trafFic control drawings as
needed for review and approval by the CITY. Provide a written summary of the
distinct phases to take place during construction operations to include road and/or
lane closures, limited access to adjacent properties, and limited access to pedestrian
and bicycle trafFic.
• Existing typical sections of the roadway to be constructed along with proposed
typical sections which outline the proposed improvements. Typical sections shall
include existing and proposed ROW, existing and proposed lane widths and direction
arrows, existing and proposed curbs, sidewalks, and retaining walls.
• Conceptual plan and profile sheets showing existing and proposed horizontal
roadway alignments, existing and proposed ROW, existing and proposed sidewalks
and driveways, proposed lane dimensions and lane arrows, existing drainage
structures, city owned and franchise utilities, and existing roadway vertical
alignments (profiles).
• Drainage area map with supporting drainage computations in the CITY's standard
tabular format.
• Estimate of probable construction cost.
ASSUMPTIONS
• There will be up to three (3) business/property owner coordination meetings.
• All storm water calculations and design shall conform to CITY Drainage Criteria
Manual.
• Four 4 sets of 11 "x17"(half-size) plans will be delivered for the 30% design.
• No supplemental Traffic Control drawings will be needed.
• ENGINEER shall not proceed with Preliminary Design activities without written
approval by the CITY of the Conceptual Design Package.
City of Denton, Texas
Attachment A
Page 3 of 15
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ATTACHMENT "A"
Scope of Services for Morse Street Expansion
DELIVERABLES
A. Conceptual Design Package
B. TrafFic Count Data
C. SUE Plan sheets
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans and specifications shall be submitted to CITY per the approved Project
Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows.
3.1. Development of Preliminary Design Drawings and Specifications shall include the
following:
• Traffic Control Plan updated to reflect any changes as a result of the conceptual
design submittal while also including all construction signage and pavement markings
which will be in accordance with the latest edition of the Texas Manual on Uniform
TrafFic Control Devices.
A Project Control Sheet, showing all Control Points, used or set while gathering data.
Generally on a scale of not less than 1:400. The following information shall be
indicated for each Control Point: Identified (existing City Monument #8901, PK Nail,
5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a
referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in
the centerline of the inlet in the South curb line of North Side Drive at the East end of
radius at the Southeast corner of North Side Drive and North Main Street).
• SUE plan drawings.
• Demo plan
• Updated existing and proposed typical section sheets.
• Updated roadway plan and profile sheets displaying station and coordinate data for all
horizontal alignment P.C.'s, P.T.'s, P.I.'s; station and elevation data of all vertical
profile P.C.'s, P.T.'s, P.I.'s, low points, and high points; lengths of vertical curves,
grades, K values, e, and vertical clearances where required.
• No less than two bench marks plan/profile sheet.
• Bearings given on all proposed centerlines, or baselines.
• Station equations relating utilities to paving, when appropriate.
• Overall project easement layout sheet(s).
• Intersection layout sheets including ROW lines, horizontal alignments, utilities, curbs,
sidewalks, driveways, lane dimensions and arrows, and existing and proposed
contours (0.25' intervals)
• Preliminary roadway details to include curbs, curb expansion joints, driveways,
sidewalks, and pavement details.
City of Denton, Texas
Attachment A
Page 4 of 15
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ATTACHMENT "A"
Scope of Services for Morse Street Expansion
ENGINEER will delineate the watershed based on contour data and field verification
and document existing street, right-of-way and storm drain capacities for the subject
site. A drainage area map will be drawn at maximum 1" = 200' scale from available
2-foot contour data with the contours labeled. Data source and year will be provided
by the CITY. Calculations regarding street and right-of-way capacities and design
discharges (5-year and 100-year frequencies) at selected critical locations will be
provided. Other frequencies as required by CITY Drainage Criteria Manual may be
appropriate for outfalls and sensitive locations. Capacities of existing storm drain will
be calculated and shown. All calculations shall conform to CITY criteria. All locations
in the project area where 100-year runoff exceeds available storm drain and right-of-
way capacities shall be clearly identified. The ENGINEER's responsibility includes
recommendations for improvements of the existing system as deemed reasonable
and consistent with CITY standards.
• Storm drain layout sheets showing location and size of all inlets, manholes, junction
boxes, culverts and piping to include storm drain profiles showing existing and
proposed flow lines, flows, lengths and slopes of pipe, top of ground profile over pipe
and connections to existing or proposed storm sewer systems.
• The lighting design will be prepared in accordance with the following standards:
• Illuminating Engineering Society Manual RP-8 "Roadway Lighting";
• AASHTO Roadway Lighting Design Guide;
• City of Denton Transportation Design Criteria Manual;
• Denton Municipal Electric Standards;
• TXDOT Highway Illumination Manual.
• The photometric analysis will be performed with Lighting Analysts AGi32 latest
version.
• The photometric calculation method will be based on illuminance method
measured in footcandles.
• Field review of the existing lighting along Morse Street between Loop 288 and
Mayhill Road will include photometric measurements at up to five (5) locations.
• Preliminary signing, pavement marking and illumination will be shown on the plans.
3.2. Geotechnical Investigation/Pavement Design
Soil investigations, including field and laboratory tests, borings, related engineering
analysis and recommendations for determining soil conditions will be made. In
addition to the above investigations, borings and appropriate field and laboratory
analysis will be made at reasonable intervals along the project alignment for the
Contractor's use in determining soil conditions for preparing bids and a Trench
Safety Plan.
• The ENGINEER shall prepare a detailed geotechnical engineering study and asphalt
pavement design. The study shall include recommendations regarding utility
trenching and identify existing groundwater elevation at each boring.
City of Denton, Texas
Attachment A
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ATTACHMENT "A"
Scope of Services for Morse Street Expansion
3.3. Constructability Review
• Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule
and attend a project site visit with the CITY Project Manager and Construction
personnel to walk the project. The ENGINEER shall summarize the CITY's
comments from the field visit and submit this information to the CITY in writing.
3.4. Utility Clearance
• The ENGINEER will consult with the CITY's Public Works Department, Water
Department, and other CITY departments, public utilities, private utilities, private
utilities and government agencies to determine the approximate location of above
and underground utilities, and other facilities (current and future) that have an impact
or influence on the project. ENGINEER will design CITY facilities to avoid or
minimize conflicts with existing utilities, and where known and possible consider
potential future utilities in designs.
ASSUMPTIONS
• Up to four (4) test bores along Morse Street will be taken for the geotechnical
investigation.
• All storm water calculations and design shall conform to the current CITY drainage
criteria manual.
• Design of new street lighting from Kimberly Drive to Mayhill Road is included.
• City of Denton will provide the following for the lighting design:
• Any design theme standards;
• Any as-builts for existing lighting;
• Pole type, pole height, mast arm type, mast arm length, luminaire type, luminaire
wattage, service locations, system voltage.
• No electrical design pertaining to wire sizing, voltage drops, ampacity, service loads
will be performed.
• Ambient light shall not be considered in the photometric analysis.
• Four 4 sets of 11"x17" (half-size) plans will be delivered for the 60% design.
• One (1) set of specifications will be delivered for the 60% design.
• The CITY's front end and technical specifications will be used. The ENGINEER shall
supplement the technical specifications if needed.
• ENGINEER shall not proceed with Final Design activities without written approval by
the CITY of the Preliminary Design plans.
DELIVERABLES
A. Preliminary Design drawings and specifications
B. Geotechnical Report
City of Denton, Texas
Attachment A
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ATTACHMENT "A"
Scope of Services for Morse Street Expansion
C. Estimate of probable construction cost
TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100
PERCENT).
• Upon approval of the Preliminary plans, ENGINEER will prepare construction plans
as follows:
• Final draft construction plans (90%) and specifications shall be submitted to CITY
per the approved Project Schedule.
• Following a 90% construction plan review meeting with the CITY, the ENGINEER
shall submit Final Plans (100%) to the CITY per the approved Project Schedule.
Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered
in State of Texas.
• The ENGINEER shall submit a final design estimate of probable construction cost
with both the 90% and 100% design packages.
ASSUMPTIONS
• Four 4 sets of 11"x17" (half-size) drawings and One (1) specifications will be
delivered for the 90% Design package.
• Two 2 sets of full-size drawings and One (1) specifications will be delivered for the
100% Design package.
DELIVERABLES
A. 90% construction plans and specifications.
B. 100% construction plans and specifications.
C. Detailed estimate of probable construction costs including summaries of bid items
and quantities.
D. Original cover mylar for the signatures of authorized CITY officials.
TASK 5. BID PHASE SERVICES.
ENGINEER will support the bid phase of the project as follows.
5.1. Bid Support
• The ENGINEER will develop and implement procedures for receiving and answering
bidders' questions and requests for additional information. The procedures shall
include a log of all significant bidders questions and requests and the response
thereto. The log shall be housed and maintained electronically. The ENGINEER will
provide technical interpretation of the contract bid documents and will prepare
proposed responses to all bidders questions and requests, in the form of addenda.
The ENGINEER shall upload all approved addenda for all plan holders.
• Attend the pre-bid conference in support of the CITY.
City of Denton, Texas
Attachment A
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ATTACHMENT "A"
Scope of Services for Morse Street Expansion
• Assist the CITY in determining the qualifications and acceptability of prospective
contractors, subcontractors, and suppliers.
• When substitution prior to award of contracts is allowed in the contract documents,
the ENGINEER will advise the CITY as to the acceptability of alternate materials and
equipment proposed by bidders.
• Attend the bid opening in support of the CITY.
• Incorporate all addenda into the contract documents and issue conformed sets.
5.2 Final Design Drawings
• Final Design Drawings shall be submitted as an Adobe Acrobat PDF format
(version 6.0 or higher) file. The PDF file shall be created from the original CAD
drawing files and shall contain all associated sheets of the plan set.
ASSUMPTIONS
• The project will be bid only once and awarded to one contractor.
• No sets of construction documents will be printed and made available for purchase
by planholders and/or given to plan viewing rooms.
• Six 6 sets of full-size plans and specifications (conformed, if applicable) will be
delivered to the CITY.
• City Purchasing Department will tabulate and review all bids received for the
construction project. Engineer will assist the CITY in evaluating bids and
recommend award of the contract.
• PDF file will be given to the CITY.
DELIVERABLES
A. Addenda
B. Bid tabulations
C. Recommendation of award
D. Construction documents (conformed, if applicable)
TASK 6. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
6.1 Construction Support
• The ENGINEER shall attend the preconstruction conference.
• After the pre-construction conference, the ENGINEER shall provide project exhibits
and attend public meeting to help explain the proposed project to residents. The CITY
shall select a suitable location and mail the invitation letters to the afFected customers.
City of Denton, Texas
Attachment A
Page 8 of 15
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ATTACHMENT "A"
Scope of Services for Morse Street Expansion
• The ENGINEER shall visit the project site twice per month as construction proceeds
to observe and report on progress.
• The ENGINEER shall review shop drawings, samples and other submittals submitted
by the contractor for general conformance with the design concepts and general
compliance with the requirements of the contract for construction. Such review shall
not relieve the Contractor from its responsibility for performance in accordance with
the contract for construction, nor is such review a guarantee that the work covered by
the shop drawings, samples and submittals is free of errors, inconsistencies or
omissions. The ENGINEER shall log and track all shop drawings, samples and other
submittals electronically.
• As requested by the CITY, the ENGINEER shall provide necessary interpretations
and clarifications of contract documents, review change orders, and make
recommendations as to the acceptability of the work.
• The ENGINEER shall attend the "Final" project walk through and assist with preparation
of final punch list.
6.2 Record Drawings
• The ENGINEER shall prepare record drawings from information provided by the
CITY depicting any changes made to the Final Drawings during construction. The
following information shall be provided by the CITY:
o As-Built Survey
o Red-Line Markups from the Contractor
o Red-Line Markups from City Inspector
o Copies of Approved Change Orders
o Approved Substitutions
• The ENGINEER shall modify the Final Drawings electronically and shall place a
stamp on the plans indicating that they represent Record Drawings of the project as
constructed. The stamp shall be signed and dated by the ENGINEER and shall be
placed on each plan sheet, whether there are any revisions on the sheet or not. Each
sheet shall clearly indicate all changes which apply to that sheet by clouding and
numbering, or other suitable means.
• The ENGINEER shall submit one (1) bond set of Record Drawings to the City.
• Record Drawings shall also be submitted as an Adobe Acrobat PDF format
(version 6.0 or higher) file.
ASSUMPTIONS
• Eighteen site visits are assumed.
• Twenty (20) submittal reviews are assumed.
• Ten (10) RFI's are assumed.
City of Denton, Texas
Attachment A
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ATTACHMENT "A"
Scope of Services for Morse Street Expansion
• Four (4) Change Orders are assumed.
• One copy of full size (22"x34") Record Drawing plans will be delivered to the CITY.
• One PDF copy of the Record Drawing plans will be delivered to the CITY.
DELIVERABLES
A. Public meeting exhibits
B. Response to Contractor's Request for Information
C. Review of Change Orders
D. Review of shop drawings
E. Final Punch List items
E. Record Drawings
TASK 7. ROW/EASEMENT SERVICES.
ENGINEER will support and perform activities related to ROW and land as outlined below, per
scoping direction and guidance from the CITY's Project Manager.
7.1. Right-of-Way Research
• The ENGINEER shall determine rights-of-way, easements needs for construction of
the project. Required temporary and permanent easements will be identified based
on available information and recommendations will be made for approval by the
CITY.
7.2. Right-of-Way/Easement Preparation and Submittal.
• The ENGINEER shall prepare documents to be used to obtain right-of-way and
permanent and/or temporary easements required to construct the improvements.
• The documentation shall be provided in conformance with CITY standards.
7.3. Temporary Right of Entry Preparation and Submittal
• Prior to construction, the ENGINEER shall prepare, mail and obtain Temporary Right
of Entries from landowners. It is assumed that letters will only be required for land
owners adjacent to temporary construction easements or who are directly afFected by
the project and no easement is required to enter their property.
• The documentation shall be provided in conformance with CITY standards.
ASSUMPTIONS
• Up to two 2 permanent and/or temporary easements may be required.
• One 1 right-of-way dedication will be required.
• One 1 temporary right of entry will be required.
City of Denton, Texas
Attachment A
Page 10 of 15
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
ATTACHMENT "A"
Scope of Services for Morse Street Expansion
Right-of-Way research includes review of property/right-of-way records based on
current internet based Denton Central Appraisal District (DCAD) information
available at the start of the project and available on-ground property information (i.e.
iron rods, fences, stakes, etc.). It does not include efFort for chain of title research,
parent track research, additional research for easements not included in the DCAD,
right-of-way takings, easement vacations and abandonments, right-of-way vacations,
and street closures.
DELIVERABLES
A. Right-of-Way exhibits, easement exhibits and metes and bounds provided on CITY
forms.
B. Temporary Right of Entry Letters
TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES.
ENGINEER will provide survey support as follows.
8.1. Design Survey
ENGINEER will perform field surveys to collect horizontal and vertical elevations and
other information needed by ENGINEER in design and preparation of plans for the
project. Information gathered during the survey shall include topographic data,
elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of
buried utilities, structures, trees (measure caliper, identify overall canopy and species
of trees), and other features relevant to the final plan sheets. Existing drainage at
intersections will be verified by field surveys. Spot elevations will be shown on
intersection layouts with cross slope to fit intersecting grade lines.
• The minimum survey information to be provided on the plans shall include the
following:
- A Project Control Sheet, showing ALL Control Points, used or set while
gathering data. Generally on a scale of not less than 1:400:
- The following information about each Control Point;
a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod)
b. X, Y and Z Coordinates, in an identified coordinate system, and a referred
bearing base. Z coordinate on CITY Datum only.
c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb
line of North Side Drive at the East end of radius at the Southeast corner of
North Side Drive and North Main Street).
8.2. Temporary Right of Entry Preparation and Submittal
• Prior to entering property for the purposes of field survey and data collection, the
ENGINEER shall prepare letters for Temporary Right of Entry for property owners
and provide them to the surveyor for distribution. The CITY shall gain access
permission to properties where access is denied.
City of Denton, Texas
Attachment A
Page 11 of 15
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
ATTACHMENT "A"
Scope of Services for Morse Street Expansion
8.3. Subsurface Utility Engineering
Provide Subsurface Utility Engineering (SUE) to Quality Level B and A, as described
below. The SUE shall be performed in accordance with Cl/ASCE 38-02.
Qualitv Level D
• Conduct appropriate investigations (e.g., owner records, County/CITY records,
personal interviews, visual inspections, etc.), to help identify utility owners that may
have facilities within the project limits or that may be afFected by the project.
• Collect applicable records (e.g., utility owner base maps, "as built" or record
drawings, permit records, field notes, geographic information system data, oral
histories, etc.) on the existence and approximate location of existing involved utilities.
• Review records for: evidence or indication of additional available records; duplicate
or conflicting information; need for clarification.
• Develop SUE plan sheets and transfer information on all involved utilities to
appropriate design plan sheets, electronic files, and/or other documents as required.
Exercise professional judgment to resolve conflicting information. For information
depicted, indicate: utility type and ownership; date of depiction; quality level(s); end
points of any utility data; line status (e.g., active, abandoned, out of service); line size
and condition; number of jointly buried cables; and encasement.
Qualitv Level C(includes tasks as described for Qualitv Level D)
• Identify surface features, from project topographic data and from field observations,
that are surface appurtenances of subsurface utilities.
• Include survey and correlation of aerial or ground-mounted utility facilities in Quality
Level C tasks.
• Survey surface features of subsurface utility facilities or systems, if such features
have not already been surveyed by a professional surveyor. If previously surveyed,
check survey data for accuracy and completeness.
• The survey shall also include (in addition to subsurface utility features visible at the
ground surface): determination of invert elevations of any manholes and vaults;
sketches showing interior dimensions and line connections of such manholes and
vaults; any surface markings denoting subsurface utilities, furnished by utility owners
for design purposes.
• Exercise professional judgment to correlate data from different sources, and to
resolve conflicting information.
• Update (or prepare) plan sheets, electronic files, and/or other documents to reflect
the integration of Quality Level D and Quality Level C information.
• Recommend follow-up investigations (e.g., additional surveys, consultation with utility
owners, etc.) as may be needed to further resolve discrepancies.
• Provide Quality Level C to identify overhead utilities on the project and provide the
overhead utility information on the SUE plan sheets.
Level B(includes tasks as described for Qualitv Level C)
• Select and apply appropriate surface geophysical method(s) to search for and detect
subsurface utilities within the project limits, and/or to trace a particular utility line or
system.
City of Denton, Texas
Attachment A
Page 12 of 15
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
ATTACHMENT "A"
Scope of Services for Morse Street Expansion
• Based on an interpretation of data, mark the indications of utilities on the ground
surface for subsequent survey. Utilize paint or other method acceptable for marking
of lines.
• Unless otherwise directed, mark centerline of single-conduit lines, and outside edges
of multi-conduit systems.
• Resolve differences between designated utilities and utility records and surveyed
appurtenances.
• Recommend additional measures to resolve differences if they still exist.
Recommendations may include additional or different surface geophysical methods,
exploratory excavation, or upgrade to Quality Level A data.
• As an alternative to the physical marking of lines, the ENGINEER may, with CITY's
approval, utilize other means of data collection, storage, retrieval, and reduction, that
enables the correlation of surface geophysical data to the project's survey control.
Level A
• Expose and locate utilities at specific locations.
• Tie horizontal and vertical location of utility to survey control.
• Provide utility size and configuration.
• Provide paving thickness and type, where applicable.
• Provide general soil type and site conditions and such other pertinent information as
is reasonably ascertainable from each test hole site.
ASSUMPTIONS
• Utilities within the project limits will have SUE provided to Level B.
• Up to Five (5) utility locations will have SUE provided to Level A.
• The CITY will assist as needed to obtain Right of Entry (ROE) from necessary
property owners.
• No construction survey / staking will be provided by the Engineer.
DELIVERABLES
A. Copies of field survey data and notes signed and sealed by a licensed surveyor.
B. Drawing of the project layout with dimensions and coordinate list.
C. SUE plan drawings sealed by a professional engineer registered in the State of
Texas.
TASK 9. PERMITTING.
ENGINEER will provide permitting support for the CITY to obtain permits normally required for a
project of this size and type, as follows.
9.1. Storm Water Pollution Prevention Plan
• The Contractor will be responsible for preparing and submitting the Storm Water
Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The
City of Denton, Texas
Attachment A
Page 13 of 15
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
ATTACHMENT "A"
Scope of Services for Morse Street Expansion
Engineer will prepare an Erosion and Sedimentation Control Plan, which will be
incorporated into the SWPPP by the contractor.
9.2. TDLR Accessibility Review and Inspection
In accordance with the Texas Department of Licensing and Regulation (TDLR), the
plans for the new sidewalk along Morse Street need to be reviewed by a registered
accessibility specialist. ENGINEER shall provide a registered accessibility specialist
to review the plans and to later inspect the work after it is constructed. Included in
this scope are the state project file set-up, conducting the review/inspection, travel
expenses, report writing including returning comments and report with photos, follow-
up consultation, prepare and send/return file to TDLR and filing fees.
ASSUMPTIONS
• No meetings are assumed for the SWPPP.
DELIVERABLES
A. Erosion and Sedimentation Control Plan
B. Accessibility inspection report
TASK 10. WATER DESIGN, BID PHASE SERVICES AND CONSTRUCTION PHASE
SERVICES
ENGINEER will provide professional services for design, bid phase and construction phase
services of the water utility as a separate task.
ASSUMPTIONS
• Effort will be tracked and invoiced separately for the water utility using the scope of
work definitions from Tasks 1-9, above.
DELIVERABLES
A. Monthly invoices will indicate the effort for the water utility separately from the other
effort.
TASK 11. MISCELLANEOUS DESIGN SERVICES
If requested, ENGINEER will provide Miscellaneous Design Services to the CITY.
ASSUMPTIONS
Design services will be authorized by the CITY as needed.
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
CITY and ENGINEER agree that the following services are beyond the Scope of Services
described in the tasks above. However, ENGINEER can provide these services, if needed,
upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of
any material change to the Scope of the Project shall be agreed upon in writing by both parties
before the services are performed. These additional services include the following:
City of Denton, Texas
Attachment A
Page 14 of 15
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
ATTACHMENT "A"
Scope of Services for Morse Street Expansion
• Negotiation of easements or property acquisition.
• Revisions to easement or right-of-way documents as a result of negotiations or
project changes after prior CITY direction
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre-qualification, bid protests, bid rejection and re-
bidding of the contract for construction.
• Construction management and inspection services
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of God.
• Services related to warranty claims, enforcement and inspection after final
completion.
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project as
requested by the CITY.
• Stormwater Pollution Prevention Plan (SWPPP) permitting
• Environmental Services
• Presence / absence surveys for federally listed threatened/endangered species
• Floodplain Services, i.e., CLOMR/LOMR and/or floodplain permit
• Meetings with or permitting through USACE
• Texas Department of Transportation (TxDOT) Permit
• Railroad Permit
• Additional field investigations or analysis required to respond to public or regulatory
agency comments.
• Field survey or analysis required for cultural resources investigations.
• Expert representation at legal proceedings or at contested hearings.
• Monitoring for compliance with permit conditions.
• Phase I or Phase II Environmental Site Assessment.
City of Denton, Texas
Attachment A
Page 15 of 15
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
ATTACHMENT B
COMPENSATION
Professional Services for Morse Street Expansion
Compensation
A. The ENGINEER shall be compensated for personnel time, non-labor expenses,
and subcontract expenses in performing services for an amount not to exceed
$250,000.00, unless amended. Effort shall be invoiced on an Hourly basis.
Personnel Time. Personnel time shall be compensated based upon
hours worked directly in performing the PROJECT multiplied by the
appropriate Labor Cateqorv Rate for the ENGINEER's team member
performing the work.
Labor Cateqorv Rate as presented in the rate schedule table below is the
rate for each labor category performing the work and includes all direct
salaries, overhead, and profit.
Labor Category Rate
($/Hour unless shown
otherwise
Bur ess & Ni le:
Pro�ect Director $275.00
Senior Pro�ect Mana er $229.00
Project Engineer II $202.00
Pro�ect En ineer I $170.00
Desi n En ineer II $146.00
Desi n En ineer I $135.00
Senior Desi ner $161.00
Senior Traffic Engineer $240.00
Senior Roadwa En ineer $193.00
Roadwa En ineer II $147.00
Roadwa En ineer I $117.00
Graduate En ineer $113.00
Administrative Support $97.00
Sub-Consultants:
Surve or: S ooner & Associates
2-man Surve Crew $150.00
3-man Survey Crew $180.00
Laser Scannin Crew $165.00
Dail Mobilization $75.00
RPLS $150.00
Pro�ect Mana er / Surve Su ervisor $120.00
SIT Survey Technician $120.00
CAD Technician $95.00
Research $70.00
Admin $70.00
SUE: The Rios Grou
QL "B": SUE Manager $100.00
QL "B": Truck/E ui ment $25.00
City of Denton, Texas
Attachment B
Page 1 of 4
�
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
ATTACHMENT B
COMPENSATION
Labor Category Rate
($/Hour unless shown
otherwise
QL "B": Paint/Fla s $40.00/da
QL "B": Project Manager $160.00
QL "B": Pro�ect En ineer $145.00
QL "B": CADD Tech $85.00
QL "B": Administration $65.00
QL "B": Records Research $65.00
QL "A" Test Holes 0-4' De th no vmt $950.00/each
QL "A" Test Holes 4-8' De th no vmt $1,250.00/each
QL "A" Test Holes 8-12' De th no vmt $1,550.00/each
QL "A" Test Holes 12-18' De th no vmt $2,300.00/each
QL "A" (Test Holes) 0-4' Depth in pvmt $1,150.00/each
QL "A" Test Holes 4-8' De th in vmt $1,450.00/each
QL "A" Test Holes 8-12' De th in vmt $1,750.00/each
QL "A" Test Holes 12-18' De th in vmt $2,500.00/each
SUE Surve : 2 Person Surve Crew $150.00
SUE Survey: RPLS/Task Leader $120.00
Geotechnical: AI ha Testin
Study and Report for Morse Street $4,000.00/lump sum
Im rovements
Drilling through concrete, if present below
the as halt - additional fee $85.00/hole
Principal Engineer (P.E.) or Geologist
C.P.G. $275.00
Senior Project Engineer (P.E.) or
Geolo ist $200.00
Pro�ect En ineer P.E. $175.00
Staff En ineer or Staff Geolo ist $130.00
Expert Consulting and Testimony,
Princi al $300.00
TAS Review and Ins ection: Abadi
Pre are TDLR Filin $200.00/each
Review Fee $350.00/each
Inspection Fee $450.00/each
Consultation Fee $150.00
City of Denton, Texas
Attachment B
Page 2 of 4
Non-Labor Expenses. Non-labor expenses shall be reimbursed as
Direct Expenses at invoice plus a markup of ten percent (10%).
Direct Expenses (non-labor) include, but are not limited to, mileage, travel
and lodging expenses, mail, supplies, printing and reproduction services,
other direct expenses associated with delivery of the work; plus
applicable sales, use, value added, business transfer, gross receipts, or
other similar taxes.
�
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
ATTACHMENT B
COMPENSATION
iii. Subcontract Expenses. Subcontract expenses and outside services
shall be reimbursed at cost to ENGINEER plus a markup of ten percent
(10%).
iv. Budgets. ENGINEER will make reasonable efforts to complete the work
within the budget and will keep the City informed of progress toward that
end so that the budget or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets, as may
be adjusted, nor is the City obligated to pay ENGINEER beyond these limits.
If ENGINEER projects, in the course of providing the necessary services, that the
PROJECT cost presented in Article 2 of this Agreement will be exceeded,
whether by change in scope of the project, increased costs or other conditions,
the ENGINEER shall immediately report such fact to the City and, if so instructed
by the City, shall suspend all work hereunder.
When any budget has been increased, ENGINEER's excess costs expended
prior to such increase will be allowable to the same extent as if such costs had
been incurred after the approved increase.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER
in performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
C. Payment of invoices will be subject to certification by the City that such work has
been performed.
III. Progress Reports
A. The ENGINEER shall prepare and submit monthly progress reports and
schedules in the format required by the City.
City of Denton, Texas
Attachment B
Page 3 of 4
�
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
ATTACHMENT B
COMPENSATION
IV. Summary of fees
Firm Primary Responsibility
Prime Consultant
Burgess & Niple Civil Engineering
Proposed Sub-Consultants
Spooner & Associates Topographic Survey and
Easements
Alpha Testing Geotechnical Engineering
The Rios Group SUE
Abadi Accessibility TDLR Review and Inspection
TOTAL
City of Denton, Texas
Attachment B
Page 4 of 4
Fee Amount %
$213,970 85.6%
$18,430 7.4%
$4,000
$12,500
$1,100
1.6%
5.0%
0.4%
250 000 100%
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DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
�,'�� ��;�� � �1�'�„� OPINION OF PROBABLE
��gin��r� ■ �4a�n��rs� CONSTRUCTION COST
PROJECT: MORSE STREET EXPANSION
PROJECT DESCRIPTION :
4 Lane Secondary Arterial from Kimberly fo Mayhill Road
OWNER
DATE:
BY:
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City of Denton, TX
May 14, 2018
William D. Wendland, P.E.
ITEM TOTAL UNIT
NO. DESCRIPTION OF UNIT UNIT QUANTITY PRICE COST
PAVING AND DRAINAGE IMPROVEMENTS
� Prepare/Restore ROW LS 1 $ 50,000.00 $ 50,000.00
2 Remove Existin 24" Storm Drain LF 100 $ 20.00 $ 2,000.00
3 Remove Existing Curb Inlet EA 3 $ 1,000.00 $ 3,000.00
4 Remove Existin Curb and Gutter LF 1,200 $ 5.00 $ 6,000.00
5 Remove Existing Concrete Flatwork SF 1,000 $ 2.50 $ 2,500.00
6 Remove Existin Concrete Parkin Lot SF 37,800 $ 2.50 $ 94,500.00
� Remove Existing Concrete ADA Ramps EA 6 $ 500.00 $ 3,000.00
$ Remove Existin Trees EA 20 $ 500.00 $ 10,000.00
9 Relocate overhead electrical by City Forces LS 1 $ 50,000.00 $ 50,000.00
10 Street Li htin Im rovements LS 1 $ 49,000.00 $ 49,000.00
11 42" Dia. ASTM C-76 CL. III RCP LF 300 $ 250.00 $ 75,000.00
12 36" Dia. ASTM C-76 CL. III RCP LF 300 $ 200.00 $ 60,000.00
13 24" Dia. ASTM C-76 CL. III RCP LF 300 $ 135.00 $ 40,500.00
14 5' S. Storm Drain Vault EA 3 $ 8,000.00 $ 24,000.00
15 42" Dia. Type B Headwall EA 1 $ 3,000.00 $ 3,000.00
16 10' Recessed Curb Inlet EA 7 $ 6,000.00 $ 42,000.00
�� Connect Proposed 24" RCP to Ex. 24" RCP EA 1 $ 1,000.00 $ 1,000.00
�$ Trench Safet LF 900 $ 2.00 $ 1,800.00
19 Unclassified Excavation CY 4,467 $ 35.00 $ 156,345.00
20 Controlled Densit Embankment CY 447 $ 15.00 $ 6,705.00
21 12" Thk. Lime Stabilized Subgrade SY 4,467 $ 15.00 $ 67,005.00
22 Lime for Stabilized Sub rade TONS 147 $ 200.00 $ 29,400.00
23 3" Thk. Type "C" HMAC SY 4,733 $ 21.00 $ 99,393.00
24 3" Thk. T e"B" HMAC SY 9,066 $ 21.00 $ 190,386.00
25 6" Curb and 18" Gutter LF 3,600 $ 28.00 $ 100,800.00
26 18" Wide Concrete Border 4" Thk. LF 2,400 $ 30.00 $ 72,000.00
27 4" Thk. Concrete Sidewalks SF 10,000 $ 8.00 $ 80,000.00
28 ADA Ram s EA 8 $ 2,250.00 $ 18,000.00
29 12" x 12" Concrete Header LF 120 $ 20.00 $ 2,400.00
30 pavement Markin Allowance Roadwa LS 1 $ 50,000.00 $ 50,000.00
31 2�� Thk. Type "B" HMAC Overlay SY 6,411 $ 15.00 $ 96,165.00
32 Ed e Millin LF 4,100 $ 4.00 $ 16,400.00
33 Landscaping .incl. Solid Sodding in Parkways LS 1 $ 25,000.00 $ 25,000.00
34 Ad�ust Existin SSMH To Finished Street Grade EA 5 $ 1,500.00 $ 7,500.00
35 Trees EA 20 $ 500.00 $ 10,000.00
36 Traffic Control Plan and Im lementation LS 1 $ 25,000.00 $ 25,000.00
37 Erosion Control LS 1 $ 7,500.00 $ 7,500.00
38 Pro�ect Si ns EA 3 $ 1,000.00 $ 3,000.00
20°/a Contingency $ 317,000.00
SUBTOTAL PAVING AND DRAINAGE IMPROVEMENTS $ 1,897,299.00
H:\New Business\2018\Denton\Morse Street\TEN-Morse Street Expansion OPCC.xlsx 5/14/2018 4:18 PM
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
�,'�� ��;�� � �1�'�„� OPINION OF PROBABLE
��gin��r� ■ �4a�n��rs� CONSTRUCTION COST
PROJECT: MORSE STREET EXPANSION
PROJECT DESCRIPTION :
4 Lane Secondary Arterial from Kimberly fo Mayhill Road
OWNER
DATE:
BY:
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City of Denton, TX
May 14, 2018
William D. Wendland, P.E.
ITEM TOTAL UNIT
NO. DESCRIPTION OF UNIT UNIT QUANTITY PRICE COST
WATER IMPROVEMENTS
101 Salvage Existing Fire Hydrant EA 3 $ 750.00 $ 2,250.00
102 Salva e Existin Gate Valve EA 5 $ 500.00 $ 2,500.00
103 g�� Dia. (DR-18) PVC Water Line LF 1,200 $ 80.00 $ 96,000.00
104 6" Dia. DR-18 PVC Water Line LF 400 $ 70.00 $ 28,000.00
105 Fire Hydrant Assy. EA 4 $ 5,000.00 $ 20,000.00
106 g�� Gate Valve EA 5 $ 1,750.00 $ 8,750.00
107 6" Gate Valve EA 4 $ 1,500.00 $ 6,000.00
108 Ductile Iron Fittin s for Water Line TONS 3 $ 7,500.00 $ 22,500.00
109 Connect to Existing Water Line EA 5 $ 2,500.00 $ 12,500.00
20°/a Contin enc $ 40,000.00
SUBTOTAL WATER IMPROVEMENTS $ 238,500.00
TOTAL PAVING, DRAINAGE AND WATER $ 2,135,799.00
SURVEYING, S.U.E., GEOTECHNICAL & ENGINEERING (EXCLUDES MISCELLANEOUS DESIGN SRVS $ 238,900.00
GRAND TOTAL $ 2,613,199.00
Note: This Engineer's Opinion of Probable Construction Cost is made based on the basis of the Engineer's experience and best
judgment as a design professional. The Engineer has no control over the cost of labor material or services to be furnished by others.
H:\New Business\2018\Denton\Morse Street\TEN-Morse Street Expansion OPCC.xlsx 5/14/2018 4:18 PM
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
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YI�N�Ef�'E UT hLL �EGIM�S
Burgess & Nipie - Fort Worth
3950 Fossil Creek Blvd., Suiie 210
Fort Warih, TX 76137
Atteniion: Mr. William Wendland, PE
G�o�`�chr�icc��
Cor�s�`r•esc�`ior� I�c��`�r•iaz�s
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TBPE Firm No. 813
Re
5058 Br^ush Cr^eek Road
For^t Wor^th, Te�as 76119
May 4, 2018
Tel: 817-496-5600
Faa:: 817-496-5608
www. alphatesting. corn
Proposal Geoiechnical Explaraiion
Morse Street Expansion and Overiay
Marse Streei, beiween Loop 288 and Mayhill Road
Denion, Texas
ALPHA Proposal No. 64388-revl
ALPHA TESTING, INC. (hereinafter "ALPHA") is hereby pleased io submii io Burgess & Nipie - Fort Worth (hereinafter
"Client") ihe following proposal far a Geoiechnical Explaraiion on ihe projeci referenced above. We undersiand ALPHA
has been selecied io perfarm professional services far ihis projeci based solely on our qualificaiions and ihai ihe clieni is
currenily negoiiaiing wark scope and fee exclusively wiih ALPHA ai ihis iime.
Project Information
We undersiand ihe projeci consisis of adding addiiional lanes io ihe souih side of Marse Sireei beiween Kimberly Road and
Mayhill Road. The new lanes will be paved wiih asphali concreie pavemeni. The exisiing pariion of Marse Sireei beiween
Loop 288 and Marse Sireei will be improved wiih a new asphali overlay. In addiiion, a new parking loi may be consirucied
io ihe easi of ihe exisiing building locaied on ihe souiheasi carner of Kimberly Drive and Marse Sireei. The purpose of ihe
geoiechnical siudy will be io provide infarmaiion far use in design of typical pavemeni seciions far ihe proposed lane
addiiions and recommendaiions far ihe asphali overlay of ihe exisiing pavemeni. If applicable, recommendaiions far new
parking loi pavemeni will also be provided.
Scope of Work
This siudy will include ihe following evaluaiions:
Subsurface soil, rock and groundwaier condiiions on ihe siie io depihs ihai would be significanily affecied by
foundaiions.
Engineering characierizaiion of ihe subsurface maierials encouniered.
Typical pavemeni seciions far ihe proposed expansion in accardance wiih City of Denion Transpariaiion Criieria
Manual.
Typical pavemeni seciions far ihe proposed parking loi.
Recommendaiions regarding earihwark, including grading and excavaiion, backfilling and compaciion, ihe
ireaimeni of in-place soils far ihe suppari of pavemeni and possible construciion problems reasonably io be
expecied.
As requesied, we will explare ihe subsurface soil and/ar rock condiiions ai ihe siie by drilling iesi barings along Marse Sireei
on a 500 ft iniervaL This equaies io a minimum of four (4) iesi borings. As an opiion, a single baring can also be drilled in
ihe proposed parking loi locaiion, as requesied. Ii is esiimaie ihe necessary infarmaiion will be provided by drilling ihe iesi
borings io a depih of 10 fi each. Ai ihe compleiion of drilling operaiions, bareholes will be backfilled and plugged wiih soil
cuttings, and any pavemeni ihai is peneiraied will be paiched wiih similar maierial. Settlemeni of bareholes may occur over
iime. ALPHA shall noi be responsible far any seiilemeni of bareholes ihai may occur after iniiial backfilling. The number
and depih of ihe iesi borings required io obiain ihe necessary field daia may vary depending on ihe acival soil and/ar rock
condiiions encouniered. If unusual subsurface condiiions are encouniered and aliernaie field wark is indicaied, we will
consuli wiih ihe clieni priar io iniiiaiing any addiiional services. Please noie, regardless of ihe number of barings perfarmed
subsurface condiiions beiween barings may vary.
The siudy will also include labaraiory iesis io evaluaie ihe classificaiion, gradaiion and ceriain physical characierisiics of ihe
subsurface soils. The specific types and quaniiiies of iesis will be deiermined based on soil/rock condiiions encouniered in
ihe barings. Our labaraiaries are fully equipped wiih modern equipmeni far soil and rock iesiing and iesis are perfarmed by
irained qualified iechnicians in compliance wiih ihe applicable specificaiions. Field explaraiion programs are conducied wiih
drilling equipmeni operaied by experienced and reliable drillers. All field and labaraiory siaff are supervised by professional
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
engineers.
Resulis of ihe field explaraiion and labaraiary iesis will be uiilized in ihe engineering analysis and ihe farmulaiion of our
recommendaiions. Resulis of our siudy, including ihe subsianiiaiing daia and our recommendaiions, will be presenied in a
written repari prepared by a Licensed Professional Engineer.
Costs and Schedule
Our fee far perfarmance of ihe geoiechnical siudy on ihe siie described will be as noied below. We guaraniee noi io exceed
ihis figure wiihoui your approval. Baring operaiions would commence wiihin aboui nine (9) warking days from your
noiificaiion io proceed. The compleie wriiien repari would be elecironically seni io you wiihin aboui ien (10) warking days
following compleiion of ihe baring operaiions.
Geotechnicai Fee for Morse Street Improvements �4,000.00
Geotechnicai Fee for the Proposed Parking Lot �2,200.00*
*This fee includes a separaie mobilizaiion and repari.
The above cosi esiimaie is valid far 90 days and is based on Clieni providing suiiable access and eniry io iesi boring locaiions
during narmal business hours. Clieni represenis ihai ii has full auiharity from ihe curreni landowner io engage ALPHA io
perfarm ihis siudy. The pricing provided above assumes iesi boring locaiions can be accessed using siandard, iruck-mounied
drilling equipmeni. Surveying of boring locaiions and elevaiions is noi included in ihe cosi esiimaie, bui can be provided if
needed upon requesi. If difficuli siie condiiions are encouniered, aliernaie pricing may be provided using an All-Terrain
Drilling Unii ar oiher pariable equipmeni. The exisiing road appears io consisi of asphali. Drilling ihrough concreie, if
preseni below ihe asphali, will be charged ai an addiiional $ 85.00/hole.
Priar io siari of drilling, ALPHA will coniaci Texas One-Call uiility clearance (Texas811) io mark and clear uiiliiies ai ihe
boring locaiions. The Clieni shall provide any known siie specific uiility infarmaiion upon accepiance of ihis proposal.
ALPHA is noi responsible far damage io any below grade uiiliiies of which we are noi made aware. Traffic conirol, if
needed, is noi included in ihe scope of wark, bui can be provided upon requesi far a fee.
Please noie: Our field equipmeni may rui ihe siie during drilling operaiions. A conceried effari will be made io minimize
such problems, however, ALPHA is noi responsible far re-grading or repairing ruiied areas if ihey develop.
The scope of wark far ihis siudy does noi include siability analysis far any slopes eiiher io be consirucied or which may exisi
on ihe siie. If ihe final grading plans indicaie significani slopes (over aboui 3 ft high) will exisi, ii is recommended ihe clieni
have slope siability analysis conducied. Furiher, ihe scope of wark proposed herein does noi include design parameiers far
reiaining walls nar does ii include global siability of ihe same. If a slope siability analysis and/ar a reiaining wall analysis is
desired, upon requesi, ALPHA will provide a separaie Proposal far such analysis.
If ihis Proposal is accepiable, please have an auiharized officer sign in ihe space provided below in ihe Proposai Acceptance
Form and reiurn a signed copy via eiiher email ar fax, ar ihe signed ariginal io our office. We will consider receipi of a
signed ariginal ar copy of ihis Proposal as our Noiice io Proceed. Wark cannoi be iniiiaied priar io receiving a signed copy
of ihis Proposal. If a copy is e-mailed ar faxed, clieni consenis io such copy of a signaiure, ar elecironic signaiure, as serving
as an ariginal signaiure. Unless priar arrangemenis are agreed io in wriiing, paymeni far services described in ihis Proposal
is due wiihin 30 days of invoice daie. Paymeni of ihe invoice is noi coniingeni on Clieni's agreemeni or accepiance of
ALPHA's design recommendaiions ar repari discussion. If CLIENT objecis io any pariion of an invoice ar repari, ii shall
noiify ALPHA in wriiing wiihin ien (10) days from ihe daie of acival receipi of ihe invoice of ihe amouni and naiure of ihe
dispuie, and shall iimely pay undispuied pariions of ihe invoice.
By execuiion of ihis Proposal, ihe undersigned Clieni acknowledges and agrees ihai ihe aiiached "Terms and Condiiions"
have been provided ar made available io Clieni and Clieni agrees ihai such Terms and Condiiions shall be applied io ihe
preseni Proposal and shall be fully binding upon Clieni. The "Terms and Condiiions" are aiiached io ihis proposal as
"Exhibii A" and are fully incorparaied inio ihis Proposal by reference as if sei forih herein.
Page 2 of 8 ALPHA Proposal No. 64388-revl
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
Thank you far ihis oppariunity io offer our services. We look forward io warking wiih you on ihis projeci.
BJH/pc
Attachmenis: Proposal Accepiance Farm
"Exhibii A" Terms and Condiiions
Sincerely,
ALPHA TESTING, INC.
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Brian J. Hoyi, P.E.
Geoiechnical Deparimeni Manager
Page 3 of 8 ALPHA Proposal No. 64388-revl
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
GEOTECHNICAL
PROPOSAL ACCEPTANCE FORM
Daie: May 4, 2018
Projeci Name: Marse Streei Expansion and Overlay
Projeci Locaiion: Marse Streei, beiween Loop 288 and Mayhill Road, Denion, Texas
CLIENT:
ADDRESS:
CITY/STATE/ZIP:
ATTENTION: TELEPHONE:
EMAIL: FAX:
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ACCOUNTS PAYABLE CONTACT:
ADDRESS:
CITY/STATE/ZIP:
EMAIL: TELEPHONE:
Land Owner's Name:
Address:
City, St. Zip:_
Project Legai
Description:_
ALPHA Proposal No.: 64388-revl
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Project County:
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The undersigned hereby accepis all ihe Terms and Condiiions sei farih in ihis Proposal and warranis ihai he/she has full
auihority io bind ihe Clieni.
PROPOSAL ACCEPTED BY:
PRINTED NAME:
CK�Iu 17�U�
Signature
REPORT DISTRIBUTION
ATTENTION
Page 4 of 8
Titie
Date
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ALPHA Proposal No. 64388-revl
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
"EXHIBIT A"
Terms and Conditions
Section 1: The Agreement
The Agreement between the parties, which shall describe and govern CLIENT's engagement of ALPHA TESTING, INC. ("ALPHA") to provide services
("Services") in connection with the project ("ProjecP') identiYied in the proposal ("Proposal"), consists of the Proposal, these General Terms and Conditions
("Terms"), ALPHA's fee schedule, and any exhibits ar attachments referenced in any of these documents. Together these elements constitute the entire
agreement between the parties, superseding any and all priar negotiations, carrespondence, ar agreements, either written ar aral, with respect to the subject
matter of this engagement. This Agreement may only be modiYied by mutual signed, written agreement In the event of a conflict between these Terms and
the Proposal ar exhibits, the following arder ofprecedence shall prevail: (i) These Terms, (ii) the Proposal, and (iii) any exhibits ar attachments referenced in
the faregoing.
Section 2: Standard of Care
The Services shall be perfarmed in a manner consistent with the level of care and skill ardinarily exercised by members of ALPHA's profession currently
practicing under similar conditions and in the same locality as the Project (the "Limited Warranty"). Interpretations and recommendations by ALPHA will
be based solely on infarmataon discovered by, ar made available to, ALPHA during the course of the engagement. In connection with such infarmataon,
CLIENT recognizes that subsurface conditions across the site may vary tsom those observed at test locations, including but not limited to locations where
density tests and concrete tests, barings, surveys, ar explarations are made, and that site conditions may change over time. ALPHA shall not be responsible
far the use ar interpretation of such infarmation by non-parties to this Agreement nar shall ALPHA be responsible far changed site conditions ar far
subsurface conditions at locations where testing, barings, surveys, ar explarations are not made. If Client provides ALPHA's repart to any third Party,
Client shall make such third party aware of this limitation of liability, and shall defend, indemniYy, and hold ALPHA harmless tsom any action against
ALPHA by such third party.
EXCEPT FOR THE LIMITED WARRANTY, ALPHA MAKES NO OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED,
REGARDING THE SERVICES, AND EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES; INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF GOOD AND WORKMANLIKE PERFORMANCE AND OF FITNESS FOR A PARTICULAR PURPOSE.
Section 3: Site Access and Conditions
CLIENT shall grant to, ar obtain for, ALPHA unimpeded access to the Project site far all equipment and personnel necessary far the perfarmance of the
Services, and access necessary far ALPHA's personnel to photograph the Project site. As required to effectuate such access, CLIENT shall notiYy all owners,
lessees, contractars, subcontractars, and other possessars of the Project site that ALPHA must be allowed tsee access to the site. CLIENT understands that,
in the narmal course of perfarming the Services, some damage, including but not limited to injury to vegetation, rutting, and cracking of concrete, may occur
as a result of ALPHA's perfarmance of the Services, and Yurther agrees that ALPHA is not responsible far the carrection of any such damage caused by
ALPHA unless so specified in the Proposal. CLIENT is responsible far the accuracy of locations far all subterranean structures and utilities, and CLIENT
waives any claim against ALPHA, and shall defend (with counsel acceptable to ALPHA), indemniYy, and hold ALPHA harmless tsom any claim ar liability
far injury, damages, ar loss by any party, including costs of defense and attarneys' fees, arising tsom damage caused as a result of subterranean structures
and utilities not being properly identiYied ar accurately located by CLIENT. In addition, and without limiting the faregoing, CLIENT shall compensate
ALPHA far any consequential damages resulting tsom any such claim, including without limitation time spent ar expenses incurred by ALPHA in defense
of any such claim, with such compensation to be based upon ALPHA's prevailing fee schedule and expense reimbursement policy.
Section 4: CLIENT's Responsibilitv and Proiect Understanding
CLIENT shall make available to ALPHA all infarmation in its possession ar subject to its control regarding existing and proposed conditions at the site.
Such infarmataon shall include, but not be limited to, plot plans, topographic surveys, hydrographic data, and previous soil data, including barings, Yield and
labaratory tests, and written reparts. CLIENT shall immediately, but in no event later than twenty-four (24) hours after its receipt, transmit to ALPHA any
new infarmataon concerning site conditions that becomes available, and any change in plans ar specifications concerning the Project to the extent such
infarmation may affect ALPHA's perfarmance of the Services. CLIENT shall, upon 24 hours aral or written notice, provide a representative at the job site
to supervise and coardinate the Services.
Additional responsibilities of the CLIENT include: review of ALPHA's wark far overall coardination with the wark of other consultants, including any
architects and engineers; with reasonable promptness, but in no event later than 48 hours, provide all available infarmation regarding requirements far
ALPHA's wark; upon request by ALPHA, the CLIENT shall Yurnish the services of other reasonably required consultants, including surveys, testing
labaratory, etc.; prepare and assemble specifications far the General Conditions and Supplementary Conditions and all architectural components of the
project, and coardinate assembly of ALPHA's speciYication sections into a proper farmat notiYy ALPHA immediately if the Client, any architect, ar any
engineer becomes aware of any fault ar claimed deYiciency with ALPHA's wark, ar nonconfarmance with the Contract Documents and provide ALPHA a
reasonable opportunity to cure any such deficiency ar nonconfarmance; confer with ALPHA befare issuing interpretations ar clarifications of the documents
prepared by ALPHA; forward to ALPHA far review and recommendation all constructaon phase submittals that pertain to ALPHA's wark; and advise
ALPHA of the identity and scope of services of other consultants participating in the Project.
ALPHA shall not be liable far any inaccurate infarmataon Yurnished by CLIENT, and CLIENT shall defend (with counsel acceptable to ALPHA) indemniYy
and hold ALPHA harmless against any claims, demands ar liability, including costs of defense and attorneys' fees, arising out of, related to, ar contributed to
by such inaccurate infarmation. CLIENT waives any claim it might have against ALPHA far damages arising out its failure to timely provide accurate
infarmation ar its failure to timely provide new, changed, ar additional information, as set farth in the preceding paragraph, and Yurther agrees to indemniYy
and hold harmless ALPHA tsom any claim ar liability resulting tsom CLIENT's failure to timely provide such new, changed, ar additional infarmataon.
Section 5: Project Change
In the event CLIENT, the Project owner, Architect, Structural/Civil Engineer ar other party makes any changes in the plans and specifications, CLIENT
agrees to defend and hold ALPHA harmless from any liability arising out of such changes, and CLIENT assumes Yull responsibility far any liabilities arising
out of such changes unless CLIENT has given ALPHA prior written notice of such changes and has received from ALPHA written consent far such
changes.
Page 5 of 8 ALPHA Proposal No. 64388-revl
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
Section 6: Confidentiality
All data, farms, software, ar any other materials developed by ALPHA pursuant to the perfarmance of Services under this Agreement, ar supplied to ar
obtained by ALPHA tsom CLIENT, ar generated by ALPHA ar its subcontractars is confidential (the "Confidential Material") and will be affarded
Confidential Treatment by ALPHA, its employees, agents, afYiliates, and subcontractars. Proprietary concepts and systems of ALPHA, and ideas developed
by ALPHA during the perfarmance of the Services shall remain the sole property of ALPHA ("Alpha Intellectual Property"). ConYidential Treatment
includes the following: (i) The Confidential Material will be available only to employees of ALPHA; and (ii) Confidential Material will not be disclosed to
any third party without the priar autharization of CLIENT. Upon completion of the Services ar other termination of this Agreement, any ConYidential
Material retained by ALPHA not previously provided to third parties pursuant to Client autharization shall be retained by ALPHA far a period of at least 60
days, during which time period, such ConYidential Material will be returned to CLIENT upon request by CLIENT. After this time period, ALPHA shall have
the right, but not the obligation, to destroy such ConYidential Material, thus terminating its conYidentiality obligations. If Confidential Material is retained by
ALPHA past such time period, the obligations stated in this Section 5 shall survive until the earliest of the following occur: (i) Confidential Material has
become available to the general public through no fault of ALPHA; ar(ii) ConYidential Material is received by ALPHA from others who are in lawYul
possession of such and who by such disclosure are not breaching any obligation to CLIENT.
Notwithstanding the faregoing, any conYidential infarmation supplied by ALPHA to CLIENT, as well as any ALPHA Intellectual Property (collectively,
"ALPHA Confidential Infarmation"), embody proprietary technology and valuable trade secrets of ALPHA, which are vital to the business of ALPHA, and
whose value depends upon them not being generally known. CLIENT shall hold the ALPHA ConYidential Infarmation in strict conYidence and take all
necessary steps to ensure that access to any partion of the ALPHA ConYidential Infarmataon is not provided to any person ar entity other than CLIENT
without the express written permission of ALPHA. CLIENT expressly agrees that if the ALPHA Confidential Infarmation is improperly disclosed ALPHA
will be irreparably damaged. In such event, ALPHA shall be entitled, without bond, other security, ar proof of damages, to appropriate equitable remedies,
including injunctive relief, with respect any breach(es) of this Agreement, in addition to any other remedies available at law ar in equity. In addition,
CLIENT's officers, directars, employees and affiliates will protect the conYidentiality of the ALPHA ConYidential Infarmation with the same degree of care
as CLIENT affards its own conYidential infarmation (but in no event less than the degree of care that would be taken by a reasonable person), and shall not
disclose such infarmataon to any third party; provided, however, that the faregoing shall not apply to infarmation that (a) is now ar hereafter becomes
publicly known due to no fault of CLIENT ar(b) is disclosed to CLIENT by a third party without any breach of an obligation of confidentiality.
Section 7: Sample Disposal
Samples of soil, rock, water, waste ar other materials contaminated by hazardous substances, including asbestos, obtained from the Project site are and
remain the property of the CLIENT. ALPHA shall retain such samples far no longer than fourteen (14) calendar days after the issuance of any document that
includes the data obtained tsom them, unless other arrangements are mutually agreed upon in writing. It is CLIENT's responsibility to select and arrange far
lawYul disposal procedures that encompass removing the contaminated samples tsom ALPHA's custody and transparting them to a suitable disposal site.
Accardingly, unless CLIENT indicates otherwise within the fourteen (14) day period referenced above, CLIENT hereby instructs ALPHA to make
arrangements, as CLIENT's agent and at CLIENT's cost, far proper transpartation and disposal of contaminated samples with appropriate licensed parties.
Due to the risks to which ALPHA may be exposed during transpartation and disposal of contaminated samples, CLIENT waives any claim against ALPHA,
and shall defend, indemniYy, and hold ALPHA harmless tsom any claim ar liability far injury ar loss, including costs of defense and attorneys' fees, arising
tsom ALPHA's service as CLIENT's agent in arranging far proper transpartation and disposal of contaminated samples. There are extra costs involved in
this disposal by ALPHA of samples contaminated with highly toxic and/ar hazardous substances (i.e. PCBs, Dioxins, Cyanide, Pesticides, etc.). In this case,
the CLIENT shall pre-pay all transpartation and disposal costs ar ALPHA will return the samples to the project site far proper disposal by the Client.
Section 8: Consh•uction Monitoring
ALPHA shall have no autharity to reject ar terminate the wark of any agent ar contractor of CLIENT. No actaon, statements, ar communications of ALPHA,
ar ALPHA's site representative, can be construed as modiYying any agreement between CLIENT and others. ALPHA's presence on the Project site in no
way guarantees the completion ar quality of the perfarmance of the wark of any party retained by CLIENT to provide construction related services. Neither
the professional activities of ALPHA, nar the presence of ALPHA ar its employees, representatives, ar subcontractars on the Project Site, shall be construed
to impose upon ALPHA any responsibility far methods ar quality of wark perfarmance, sequencing of construction, ar safety conditions at the Project site.
CLIENT acknowledges that CLIENT ar its general contractar is solely responsible far job site safety, and warrants and agrees that such responsibility shall
be made evident in the Project owner's agreement with the general contractar. CLIENT shall make ALPHA an additional insured under any general
contractor's general liability insurance policy.
In the event ALPHA expressly assumes any health ar safety responsibilities far hazardous materials ar other items as further set farth in this Agreement, the
acceptance of such responsibility shall not be deemed acceptance of responsibility far any other health ar safety requirements, including but not limited to
those responsibilities ar requirements relating to excavation, trenching, drilling ar back filling.
Section 9: Ownership of Documents
All reparts, baring logs, Yield data, Yield notes, labaratory test data, calculations, estimates and other documents prepared by ALPHA in connection with this
engagement, shall remain the property of ALPHA. CLIENT agrees that all reparts and other material(s) Yurnished by ALPHA to CLIENT, ar to CLIENT's
agents, for which CLIENT has not paid will be returned to ALPHA upon demand and will not be used by CLIENT ar others far any purpose whatsoever.
Unless otherwise required by law, ALPHA will retain all pertinent recards relatang to the Services perfarmed far a period not exceeding five years following
submission of any report, as referred to herein, during which period the recards will be made available to CLIENT at all reasonable times. After such five
year period, ALPHA shall have the right, but not the obligation, to, in its sole discretaon, destroy any ar all of such documents.
Section 10: Termination
This Agreement may be terminated without cause by either party upon ten (10) days' written notace by the terminating party. This Agreement may also be
terminated far cause by the non-defaulting party if, after seven (7) days after written notice of a default in the perfarmance of any material provision of this
Agreement, the defaulting party fails to cure ar carrect such default. In the event of termination, ALPHA will be paid far services perfarmed through the date
of termination, plus reasonable termination expenses, including the cost of completing analysis, recards, and reparts necessary to document job status at the
time of termination.
Page 6 of 8 ALPHA Proposal No. 64388-revl
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Section 11: Risk Allocation and Limitation of Liability
The parties acknowledge that a variety of risks potentially affect ALPHA by virtue of entering into an agreement to perfarm the Services. The parties further
acknowledge and agree that there is no disparity in bargaining power between the parties. IN ORDER FOR CLIENT TO OBTAIN THE BENEFIT OF
A LOWER FEE THAN WOULD OTHERWISE BE AVAILABLE, CLIENT AGREES TO LIMIT ALPHA'S LIABILITY TO CLIENT, AND TO
ALL OTHER PARTIES, FOR CLAIMS ARISING OUT OF ALPHA'S PERFORMANCE AND THE SERVICES. THE TOTAL AGGREGATE
LIABILITY OF ALPHA SHALL NOT EXCEED THE TOTAL FEE FOR THE SERVICES RENDERED ON THE PROJECT, OR $20,000,
WffiCHEVER IS LOWER, FOR ANY LIABILITIES, INCLUDING BUT NOT LIMITED TO NEGLIGENT PROFESSIONAL ACTS OR
ERRORS OR OMISSIONS, AND CLIENT AGREES TO INDEMNIFY ALPHA FOR ALL LIABILITIES IN EXCESS OF THE MONETARY
LIMITS ESTABLISHED. Client agrees that in no instance shall ALPHA be responsible, in total ar in part, far the errars ar omissions of any other
professional, contractor, subcontractar ar any other third party. Client also agrees that ALPHA shall not be responsible far the means, methods, procedures,
perfarmance, quality ar safety of the construction contractars ar subcontractars, ar far their errars ar omissions.
Section 12: Discoverv of Unanticipated Hazardous Materials
CLIENT warrants that it has made reasonable effarts to infarm ALPHA of known ar suspected hazardous materials on ar near the Project site. The parties
acknowledge that hazardous materials may exist at a site even if there is no reason to believe they are present. ALPHA and CLIENT agree that the discovery
of such unanticipated hazardous materials constitutes a changed condition that shall require either a re-negotiation of the scope of ALPHA's Services ar
termination of this Agreement without cause. CLIENT recognizes that the discovery of hazardous materials may necessitate immediate protective measures
to safeguard the public health and safety and shall compensate ALPHA far measures that, in ALPHA's professional opinion, are necessary and justiYied to
preserve and protect the health and safety of site personnel and the publia CLIENT also shall compensate ALPHA far any equipment decontamination ar
other costs incident to the discovery of unanticipated hazardous materials. ALPHA shall notaYy CLIENT as soon as practicable should unexpected hazardous
materials be encountered at the site that pose a threat to human health, safety and the environment. CLIENT agrees that, in the event of the discovery of
hazardous materials at the site, it shall repart such discovery to the proper autharities as required by Federal, State, and local regulataons. CLIENT agrees to
make the required repart at the recommendation of ALPHA, or, if unable to do so, autharizes ALPHA to make such repart. CLIENT shall also infarm the
Project site owner in the event that hazardous materials are encountered at the site.
Notwithstanding any other provision of this Agreement, CLIENT waives any claim against ALPHA, and to the maximum extent permitted by law, agrees to
defend, indemniYy, and save ALPHA harmless from any claim, liability and/ar defense costs far injury ar loss arising tsom the presence of hazardous
materials on the project site, including any costs created by delay of the project and any costs associated with possible reduction of the property's value.
CLIENT is responsible for ultimate disposal of any samples secured by ALPHA that are found to be contaminated, at CLIENT's cost.
Section 13: Ground Water Contamination
CLIENT acknowledges that it is impossible far ALPHA to know the exact composition of a site's subsurface, even after conducting a comprehensive
explaratory program. As a result, there is a risk that drilling and sampling may result in contamination of certain subsurface areas. Although ALPHA will
take reasonable precautaons to avoid such an occurrence, CLIENT waives any claim against ALPHA for, and shall defend, indemniYy and hold ALPHA
harmless tsom, any claim ar liability far injury ar loss which may arise as a result of subsurface contamination caused by drilling, sampling, testing ar
monitaring well installation. CLIENT shall also adequately compensate ALPHA far any time spent and expenses incurred in defense of any such claim.
Section 14: Insurance
No insurance carried by ALPHA shall be deemed to limit in any way the responsibility of any contractar ar subcontractar far damages resulting from their
services in connection with the Project. CLIENT shall include, ar cause to be included, in the Project's construction contract such requirements far insurance
coverage and perfarmance bonds to be secured and maintained by the Project contractar as CLIENT deems adequate to insure and indemniYy CLIENT and
ALPHA against claims far damages, and to insure compliance of wark perfarmance and materials with Project requirements.
Section 15: Indemnitv
ALPHA and the Client shall each indemniYy the other against claims far bodily injury ar damage to tangible property resulting tsom: (a) negligent error,
omission ar act of the indemnitar ar the indemnitor's ofYicers, servants, employees ar subconsultants in the perfarmance of the wark hereunder; ar(b)
negligent failure of the indemnitar ar the indemnitor's ofYicers, servants, employees ar subconsultants to comply with laws ar regulations; ar(c) negligent
failure of the indemnitar to perfarm under any contract with any other party, its, officers, servants, employees, subconsultants ar clients. This indemnity
obligation shall survive perfarmance of the services hereunder.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN. ALPHA WILL NOT INDEMNIFY CLIENT FOR ITS OWN NEGLIGENCE.
Section 16: Invoices and Payment Terms
In consideration far the perfarmance of the Services, ALPHA shall be paid an amount and accarding to terms set farth in the Proposal ("Project CosY');
however, if payment terms are not listed in the Proposal, payment far Services shall be payable within thirty (30) days of ALPHA's invoice date (the
"Payment Due Date"). All payments must be paid by the Payment Due Date, and shall not be contingent upon CLIENT's receipt of separate payment,
financing ar closing on the project property, ar other conditions whatsoever. If CLIENT objects to any partion of an invoice, it shall notaYy ALPHA in
writing within ten (10) days tsom the date of actual receipt of the invoice of the amount and nature of the dispute, and shall timely pay undisputed partions of
the invoice. Past due invoices and any sums improperly withheld by CLIENT shall accrue interest thereon at the rate of one percent (1%) per month, ar the
maximum rate allowed by law, whichever is lower. CLIENT agrees to pay all costs and expenses, including reasonable attorney's fees and costs, incurred by
ALPHA should collection proceedings be necessary to collect on Client's overdue account. Unless the Proposal specifies the Project Cost as not-to-exceed
ar lump sum, CLIENT agrees that cost estimates and schedules are based upon ALPHA's best judgment of Site conditions and other requirements at the
time of Proposal and should be used by CLIENT far planning purposes only. ALPHA will endeavar to perfarm the Services within the estimates but will
notiYy CLIENT if estimates are likely to be exceeded. In the event of changed site conditions ar other conditions requiring additional time, CLIENT agrees
to pay the reasonable and necessary increases resulting from such additional time.
Unless otherwise specified in the Proposal, CLIENT will be solely responsible far all applicable federal, state ar local duty, impart, sales, use, business,
occupation, gross receipts ar similar tax on the Services, and far any applicable duty, impart sales, uses, business, occupation, gross receipts ar tax and
shipping charges relating to equipment and repair parts Yurnished in connection with the Services. In the event ALPHA is required to respond to any
subpoena ar provide testimony (as a fact ar expert witness) related to the Services, CLIENT shall pay ALPHA far time and expenses in accardance with
ALPHA's then current fee schedule.
Page 7 of 8 ALPHA Proposal No. 64388-revl
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
Section 17: Non-Solicitation
During ALPHA's perfarmance on the Project and far a period of one (1) year after the Project is completed ar otherwise terminated far any reason, CLIENT
shall not, directly ar indirectly, individually ar on behalf of any other person, firm, partnership, carparation, ar business entity of any type: (i) solicit, assist
ar in any way encourage any current employee, contractar ar consultant of ALPHA to terminate his ar her employment relationship ar consulting
relationship with ar far ALPHA, nor will CLIENT solicit the services of any farmer employee ar consultant of ALPHA whose service has been terminated
far less than six (6) months, ar(ii) solicit to the detriment of ALPHA and/ar far the benefit of any competitar of ALPHA, take away ar attempt to take away,
in whole ar in part, any customer of ALPHA ar otherwise interfere with the ALPHA's relationship with any of its customers. CLIENT understands and
acknowledges that ALPHA's employees, contractars and consultants are a valuable resource to ALPHA, and often these persons hold confidential and ar
trade secret infarmation of ALPHA's, including proprietary technology and valuable trade secrets of ALPHA, which are vital to the business of ALPHA and
whose value depends upon them not being generally known. CLIENT expressly agrees that, if ALPHA's employees, contractars, and consultants are
solicited in contravention of this Non-Solicitation provision, that ALPHA will be irreparably damaged. In such event, ALPHA shall be entitled, without
bond, other security, ar proof of damages, to appropriate equitable remedies with respect any breach(es) of this Agreement, including injunctave relief, in
addition to any other remedies available at law ar in equity.
Section 18: Resolution of Disputes
All claims, disputes, controversies ar matters in question arising out of, ar relating to, this Agreement ar any breach thereof, including but not limited to disputes
arising out of alleged design defects, breaches of contract, errars, omissions, ar acts of professional negligence, (collectively "Disputes") shall be submitted to
mediation befare and as a condition precedent to pursuing any other remedy. Upon written request by either party to this Agreement far mediation of any dispute,
CLIENT and ALPHA shall select a neutral mediator by mutual agreement. Such selectaon shall be made within ten (10) calendar days of the date of receipt by the
other party of the written request far mediation. In the event of failure to reach such agreement ar in any instance when the selected mediator is unable ar
unwilling to serve and a replacement mediator cannot be agreed upon by CLIENT and ALPHA within ten (10) calendar days, a mediator shall be chosen as
specified in the Construction Industry Mediation Rules of the American Arbitrataon Association then in effect, ar any other appropriate rules upon which the
parties may agree. Any disputes ar controversies not resolved ar setkled by the parties hereto shall be submitted to arbitrataon. Demand far arbitration shall be
made by either party within ten (10) calendar days following termination of inediation. The date of termination of inediation shall be the date of written notice of
closing mediation proceedings issued by the mediator to each of the parties. Demand far arbitration shall be made by filing notice of demand, in writing, with the
other party and with the American Arbitrataon Association, under its Constructaon Industry Rules. The award rendered, if any, by the arbitrator(s) shall be Yinal
and binding on both parties and judgment may be entered upon it in accardance with applicable law in any court having jurisdictaon. Notwithstanding any other
provisions of this Section, in no event shall a demand far mediation ar arbitration be made mare than two (2) years tsom the date of the party making demand
knew ar should have known of the dispute ar five (5) years tsom the date of substantial completion of ALPHA's Services, whichever date shall occur earlier. All
mediation ar arbitration shall take place in Dallas County, Texas, unless CLIENT and ALPHA agree otherwise. The fees of the mediatar and/ar arbitratar(s), the
mediation and/ar arbitrataon Yiling and proceeding fees, and other costs associated with the mediatar ar arbitratar(s) shall be appartioned equally between the
parties, subject to, in the case of arbitration, to adjustment by the arbitratar(s) as part of the award. The prevailing party in any arbitration proceeding shall be
entitled to recovery of its reasonable attorneys' fees tsom the non-prevailing party, as determined by the arbitratar(s).
Section 19: Goveining Law and Survival
The validity of this Agreement, these terms, their interpretation and perfarmance shall be governed by and construed and enfarced in accardance with the laws of
the State of Texas without regard to its conYlict of laws rules ar similar principles which would refer to and apply the substantive laws of another jurisdiction, and
applicable international conventions and treataes. The parties hereto hereby consent and agree that venue of any arbitration action shall lie exclusively in Dallas
County, Texas, and the parties hereby consent to the exclusive jurisdiction of the state courts located in Dallas County, Texas to hear and determine any claims,
disputes, ar award between the parties arising out of such arbitration, ar far any matter found to not arise under the parties' arbitrataon agreement. The parties
hereto expressly submit and consent in advance to such jurisdiction and hereby waive any objection to such jurisdiction. If any of the provisions contained in this
agreement are held illegal, invalid, or unenfarceable, the enfarceability of the remaining provisions will not be impaired.
Page 8 of 8 ALPHA Proposal No. 64388-revl
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
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Billy Wendland, PE
Burgess & Niple
Fort Worth, Texas
Response to request for Survey Proposal:
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Euless, Texas, 76039
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Denton Morse Street
Professional and Mapping Services Estimate
S&A Job No. � 5-8-18 � Ver. 2
Please see the attached estimate and scope for Survey Services below:
Attachment A"Survey Estimate and Scope"
Attachment B "Fee Schedule"
Attachment C "Project Area Map"
Thank you for this opportunity to work with you and your team, please do not hesitate to call or email
me should there be any questions or concerns.
Spooner and Associates, Inc.
Eric Spooner, RPLS
Texas Registration No. 5922
TBPLS No. 10054900
Spooner and Associates, Inc., 309 Byers Street, #100, Euless, Texas 76039 - Ph. 817-685-8448
espooner@spoonersurveyors.com - TBPLS Firm No. 10054900
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
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Mr. Wendland, Spooner and Associates, Inc. (S&A) will provide topographic and professional surveying services on the
above mentioned project. The scope of work of the land surveyor shall be to supply all supervision, technical labor,
equipment, services, tools, consumables, insurance, and pay any applicable sales/use taxes, and all other things
required to perform land surveying in accordance with technical requirements specified in this Estimate.
Project Name: Denton Morse Street - S Loop 288 to Mayhill Road
Location of survey: (please see "Attachment C" for more details)
Purpose of Survey: The purpose of this survey is to locate and document visible and apparent information pertinent
to street and utility construction.
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Limits of Survey: (please see "Attachment C" for more details)
General Project details ^' Survey will horizontally and vertically locate visible surface features within the project area
as shown on "Attachment C" and being more specifically detailed below.
• Main project area cross sections and/or mapping will be collected generally at 25' intervals and at all breaks
in grade producing 1' interval contours for a swath that is inclusive of the existing right-of-way plus 20'.
• Project crossing side streets, alleys, and drainage ways will be surveyed an additional 25' in each direction
beyond the main project swath. Crossing alignments will be surveyed for a width that properly covers each
crossing feature.
• Parking Lot Expansion: Mapping is included for the area cross hatched for parking lot expansion. Mapping will
include 50' of existing parking pavement.
• The full intersections, including 50' beyond existing curb returns is included in this estimate.
• All intersecting streets will be mapped 50' beyond the curb returns.
• Survey effort is limited to surface utility ties only. This estimate assumes the project SUE consultant will be
responsible for all measure downs, underground pipe sizes and all LVL A and LVL B SUE.
• This estimate assumes the SUE consultant will survey/collect mapping on SUE related services.. This includes
LVL A test holes and LVL B markings. The Surveyor will provide control to the SUE consultant for this effort.
Right of Entry: The Surveyor will coordinate with the project Engineer to obtain right-of-entry (ROE) for mapping on
this project. These services will be provided on the Surveyor's behalf prior to starting.
Utility Coordination: SUE consultant responsible for this effort.
Franchise Utilities: SUE consultant responsible for this effort.
Public Utilities: SUE consultant responsible for this effort.
Building/Structure Details: The limits of structure, ground elevation adjacent to those limits, visible roof drain outfalls
and finished floor elevation will be shown for all buildings and structures within the proposed survey limits.
Fence and Retaining Walls: We will provide location, height and material type for fences located within the project
limits. Provide the location and material type for retaining walls and provide top and bottom of wall elevations along
its length at grade changes.
Right-of-Way and Property: Our survey will locate and tie existing right-of-way, property lines and easements,
including type, size, volume and page, where applicable. We will show lot, block, abstract number, adjacent street
names and property address. City and County boundaries will be shown where applicable. Property owner and
business names will be shown on the survey.
Roadways and Improved Surfaces: Roadways, driveways, alleys and sidewalks will be located and identified on the
survey. Existing width and composition of improved surfaces will be shown on the survey.
Existing lane markings and signage will be identified on the survey.
Traffic signal bases, mast arms and control boxes will be shown on the survey.
Spooner and Associates, Inc., 309 Byers Street, #100, Euless, Texas 76039 - Ph. 817-685-8448
espooner@spoonersurveyors.com - TBPLS Firm No. 10054900
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
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Surface Drainage Features: We will locate and tie top, toe and flow iines of existing swales, channels and creeks with
the project limits. Our survey will locate headwall and wingwalls and denote number, size, material type, flow line and
top of pipe elevation for culvert conduit(s).
TxDOT Maintained Roadways: Our survey will include an alignment(s) that coincides with original Texas Department
of Transportation (TxDOT) alignment stationing for those roadways within our project limits maintained by TxDOT.
The Surveyor will provide an electronic PDF of TxDOT documents used to determine the original station. TxDOT
monuments will be located for portions of the project located on or adjacent to TxDOT maintained facilities.
Trees, Shrubs, Landscaping and Irrigation: We will locate trees 4" or larger in diameter, shrubs and landscaping
features and provide identification notes accordingly. We attempt to provide tree common name and caliper as
measured approximately four feet off the ground. Major tree and brush lines will be delineated on the survey.
Existing visible irrigation structures and planters will be located on this survey.
Methods and Precision
Basis of Control: Local municipal geodetic control, if available, otherwise the WDS-VRS GPS system will be used to
establish our horizontal and vertical values. Coordinates shall be reported with a precision of +/- 0.01 feet
Project Coordinate System: Survey coordinates will be provided in a project modified State Plane "surface" position.
The project scaling point and factor will be labeled and shown in CAD. Basis of control and all other pertinent details
will be described in the CAD files and on the control description sheets.
Horizontal and Vertical Control Methods: Horizontal and vertical control will be established using static GPS methods
and will be adjusted using traditional traverse techniques. Vertical control will be leveled using a digital level. Control
will have an accuracy of +/- 0.04' at the time of survey.
Data Collection: RTK GPS and robotic total stations will be used for a majority of this survey.
Deliverables: Topographic Survey
CAD Format: AutoCAD Civi13D 2018 format CAD files.
Project Scale: 20 scale
Base Map: An electronic base map at 1:1 scale (base unit US Survey Foot) containing pertinent Topographic field data
will be prepared.
. National CAD Standard drafting standards including layers and styles will be used.
. Text will be oriented with north being true reading West to East.
• The base map shall be in AutoCAD DWG format.
. DTM generated contours shall have one-foot minor and five-foot major intervals.
• XML surface file, defining the AutoCAD Civil 3D surface.
. DRONE ima�ery will be used as a back�round in our deliverable.
. PDF electronic copies of all project research used to workup the project mapping which includes but is not
limited to plats, deeds, right-of-way maps and provided utility maps.
. PDF electronic copies of all the Texas811 tickets and correspondence.
. PDF copy of all field notes.
. PDF copy of the survey base map is not included.
Survey Control and Material:
. 5/8" iron rods with cap and/or mag nails will be used as the control material.
. Horizontal and vertical control points will be set at the end points of the project and at 500' intervals within
the project area. Where possible, control monumentation shall be located sufficiently away from the project
limits so as not to be disturbed by construction activities.
. All established main horizontal and vertical control along with pertinent calculations will be furnished in
electronic (MS Word Document).
Spooner and Associates, Inc., 309 Byers Street, #100, Euless, Texas 76039 - Ph. 817-685-8448
espooner@spoonersurveyors.com - TBPLS Firm No. 10054900
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
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Point File: A comma delimited ASCii file showing point number, northing, easting, elevation and description shall be
provided for all data collected on this project.
Field Sketches and Site Pictures: Applicable field sketches and site photographs depicting any special field
information shall be provided in digital form.
Assumptions: Topographic Survey
Abstracting Services: This estimate does not include abstracting services or title work for property, easement and
right-of-way line workup. Current platting and/or deed information available at the County will be used for this
project.
Additional Project Footage: This estimate includes mapping as shown on "Attachment C". If any additional footage or
width beyond these values is required, additional compensation may be requested as an additional service.
Arborist Services: This estimate daes nat include the services of an arborist to provide tree size and common name.
The surveyor will make an attempt to approximately identify the common name and size of each project affected
tree.
Construction Staking Services: This estimate does not include staking of any kind for the construction of this project.
Project control will nat be refreshed prior to the commencement of construction.
Texas811 Coordination: This estimate assumes Texas811 coordination is to be captured by the SUE consultant.
Public Utility Records Research: This estimate daes nat include public utility records research.
SUE Level C& D/ Public and Private Franchise Alignments: This estimate does not include placing underground
public and private utility alignments on the face of the survey.
Right of Entry: This estimate does not include right-of-entry services.
Sub-Surface Utility Investigation: This estimate daes nat include sub-surface excavation to confirm underground
utility locations. All utility line work will be based on surface field evidence and provided record drawing research
SUE Test Hole and Marker Locations: This estimate daes nat include the location and collection of data regarding
test-hole locations or SUE markings locations performed by SUE contractors.
Soil Borings: This estimate does not include the location of soil borings performed by others.
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The Surveyor will prepare metes and bounds descriptions with accompanying map exhibit for permanent and
temporary instruments on an as needed basis.
Deliverables
. One electronic executed PDF of the complete instrument for each parcel.
. Existing appraisal district tax card, parent deed and/or plat, map check for each exhibit and all other
supporting documentation.
. Three original hard copies of the complete instrument for each parcel.
. All documents will include NAD83 GRID coordinates for the point of beginning, horizontal scaling factors and
basis of bearings information.
Assumptions
Instrument Format: All instruments will strictly follow controlling jurisdiction guidelines and procedures for the
preparation of instrument documents.
Design changes: This estimate includes only one submittal based on a pre-approved design of the project. All changes
due to re-design after the initial submittal for each phase will be invoiced back to the Client/Owner at an hourly cost.
Spooner and Associates, Inc., 309 Byers Street, #100, Euless, Texas 76039 - Ph. 817-685-8448
espooner@spoonersurveyors.com - TBPLS Firm No. 10054900
DocuSign Envelope ID: B289C80D-996F-4B4B-9914-193AEA2685CB
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Staking of ROW Acquisition Corners: The Surveyor will stake the permanent right-of-way corners once final
documents have been approved by the owner/client.
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Topographic Survey: The Surveyor will have the survey as described above completed within 5 weeks from the
receipt of written authorization to proceed.
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Denton Morse Street
Client/Owner shall compensate Surveyor for services rendered in according with the following:
FIXED FEE:
Topographic Mapping Services performed, as described above, will be invoiced fixed $14,230
Parking Lot Expansion Mapping, as described above and shown on Attachment C, will be invoiced fixed $980
Instrument Fees: Each easement instrument shall be invoiced at a minimum of $1,400 per parcel/owner. Instruments
that require more than (2) two specifically described conveyances of easement rights per parcel/owner will be
invoiced at $700 per each additional conveyance.
After a period of 12 months from the date of this Agreement, all fees remaining under this contract are subject to an
increase of up to at the discretion of the Surveyor, and may further be increased by 3% annually thereafter
Thank you for this opportunity to work with your team, please do not hesitate to call me should there be any
questions or concerns.
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Eric Spooner, RPLS
Spooner and Associates, Inc., 309 Byers Street, #100, Euless, Texas 76039 - Ph. 817-685-8448
espooner@spoonersurveyors.com - TBPLS Firm No. 10054900
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In accordance with this estimate, dated 5-08-18 respectively, the Surveyor is hereby authorized to proceed with the
following phases of the project:
CLIENT/OWNER
By:
Print:
Title:
Date:
Spooner and Associates, Inc., 309 Byers Street, #100, Euless, Texas 76039 - Ph. 817-685-8448
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William D. Wendland, P.E.
Burgess & Niple, Inc.
3950 Fossil Creek Blvd, Suite 210
Fort Worth, TX 76137-2745
RE: Subsurface Utility Engineering
Morse Street
Dear Mr. Wendland:
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May 3, 2018
The Rios Group, Inc. (TRG) is pleased to submit a cost proposal for Subsurface Utility Engineering
(SUE) required for the above referenced project. This proposal is based on information contained in
your email dated May 3, 2018.
Introduction
TRG will perform the SUE work required for this proj ect in general accordance with the
recommended practices and procedures described in ASCE Publication CUASCE 38-02 (Standard
Guideline for the Collection and Depiction of Existing Subsurface Utility Data). As described in the
mentioned ASCE publication, four levels have been established to describe the quality of utility
location and attribute information used on plans. The four quality levels are as follows:
• Quality Level D(QL"D") — Information derived from existing utility records;
• Quality Level C(QL"C") - QL"D" information supplemented with information obtained by
surveying visible above-ground utility features such as valves, hydrants, meters, manhole
covers, etc.
• Quality Level B(QL"B") — Two-dimensional (x,y) information obtained through the
application and interpretation of non-destructive surface geophysical methods. Also known
as "designating" this quality level provides the horizontal position of subsurface utilities
within approximately one foot.
• Quality Level A(QL"A") — Three dimensional (x,y,z) utility information obtained utilizing
non-destructive vacuum excavation equipment to expose utilities at critical points which are
then tied down by surveying. Also known as "locating", this quality level provides precise
horizontal and vertical positioning of utilities within approximately 0.05 feet.
It is the responsibility of the SUE provider to perform due-diligence with regard to records research
(QL "D") and acquisition of available utility records. The due-diligence provided for this project
will consist of visually inspecting the work area for evidence of utilities and reviewing the available
utility record information. Utilities that are not identified through these efforts will be here forth
referred to as "unknown" utilities. TRG personnel will scan the defined work area using electronic
prospecting equipment to search for "unknown" utilities. However, TRG is not responsible for
designating and locating these "unknown" utilities.
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Mr. Wendland, P.E.
Marse Sireei
May 3, 2018
Page 2 of 3
Scone of Work
Based on information provided by Burgess & Niple Inc. (B&N), TRG has developed a preliminary
scope for the SUE work required for this project. The scope of work may be modified, with B&N's
concurrence, during the performance of the SUE fieldwork if warranted by actual field findings.
The scope of this proposal includes Quality Level "A" and "B" SUE. Utilities to be designated
include gas, telecommunications, electric, traffic signals, storm, water and sanitary sewer.
Designating will be performed within the limits as indicated in the attached "Exhibit A".
Five (5) QL "A" test holes will be included in the budget. Test hole locations will be determined by
B&N and TRG once the QL "B" SUE deliverable has been reviewed. TRG has assumed that all
designating marks and test holes will be surveyed as part of this scope.
Any necessary Right-of-Entry (ROE) permits will be provided by B&N prior to the start of TRG
field work.
Designatin� Procedures
Prior to beginning field designating activities, TRG's field manager will review the project scope of
work and available utility records. Once these initial reviews are complete, the field manager and
technicians will begin designating the approximate horizontal position of known subsurface utilities
within the specified project limits. A suite of geophysical equipment (electromagnetic induction,
magnetic) will be used to designate metallic/conductive utilities (e.g. steel pipe, electrical cable,
telephone cable). TRG will establish routine/ordinary traffic control (cones and free standing
signage, etc.) whenever required as part of our standard pricing. If non-routine traffic control
measures are required (barricades, flag person, changeable message board, etc.), these services will
be considered extra.
Accurate collection and recording of designated utilities is a critical component of the SUE process.
TRG utilizes a proven method of collecting and recording survey information once the utilities have
been designated in the field. TRG's field manager will produce detailed sketches depicting each
utility as well as relevant surface features such as roadways, buildings, manholes, fire hydrants,
utility pedestals, valves, meters, etc. Each utility will be labeled with a unique ID code. For
example, if two different water lines exist on the project, one will be labeled W1 and the other W2.
Paint and pin flags will be used to designate the utilities in the field. A labeled pin flag or paint
mark will be used to mark each location where a survey shot is required. The locations will be
numbered sequentially for each individual utility line. For example, if there are 10 shots required
on water line W 1, the points will be numbered W 1-1 through W 1-10.
Locatin� Procedures
TRG will utilize non-destructive vacuum excavation equipment to excavate test holes at the required
locations. Due to the risk of damage, TRG will not attempt to probe or excavate test holes on
any AC water lines unless approval is obtained from the owner in advance. Once each utility is
located, TRG will record the utility type, size, material, depth to top, and general direction. Each
test hole will be assigned a unique ID number and will be marked with a naiUdisk The test-hole ID
number and other pertinent utility information will be painted at each test-hole location.
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Mr. Wendland, P.E.
Marse Sireei
May 3, 2018
Page 3 of 3
We have assumed that all test holes will be in areas that are accessible to truck-mounted equipment,
and that routine traffic control (cones and free standing signage, etc.) will be required during the
performance of the QL "A" SUE work.
Deliverables
TRG will produce a utility file, in AutoCAD format, depicting the type and horizontal location of the
designated utilities. The size of each utility will be presented in the utility file if this information is
indicated on available record drawings. TRG will also provide a summary sheet of the test hole
coordinate data and depth information. B&N will provide TRG with base map/topographic files for
use in preparing the utility file.
Schedule
Field work can commence within approximately 2 weeks after receipt of NTP. TRG estimates that
the work can be completed in appro�mately 4 weeks.
Pronosed Fees
TRG proposes to provide the services as described above for a cost of SiYteen Thousand Eight
Hundred Fifty Dollars & 00/100 ($16,850.00). A breakdown of cost is included as "Table 1" for
this proposal.
Please note that this esti�nate is based on an assu�nption of quantities. TRG will only invoice for
quantities actually perfor�ned. This is a not-to-exceed a�nount. If it appears that quantities will be
exceeded, TRG will notify B&N and request authorization to sub�nit a supple�nental agree�nent to
increase the fee prior to proceeding with additional work.
We look forward to working with you on this project. If you have any questions or require additional
information, please contact me.
Sincerely,
The Rios Group, Inc.
�m�--..-,�-
��--
Tim Habenicht, P.E.
Proj ect Manager
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Estirnate for Subsurface Utility Engineering
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Table 1
Notes:
1. If Option 1 and Option 2 are completed in the field concurrently, only one day of survey will be needed
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7400 Sand St. Fort Worth, TX 76118 � 817-345-7500
www.rios-group.com
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, A TEXAS HOME-RULE MUNICIl'AL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH BURGESS & NIl'LE, INC., FOR DESIGN SERVICES OF THE
MORSE STREET LOOP 288 TO MAYHII,L ROAD STREET IMPROVEMENT AS SET FORTH
IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTNE DATE (RFQ 6590-009— PROFESSIONAL SERVICES
AGREEMENT FOR DESIGN SERVICES AWARDED TO BURGESS & NIl'LE, INC., IN THE
NOT-TO-EXCEED AMOUNT OF $255,000).
WHEREAS, on March 6, 2018 the City Council approved a pre-qualified engineer list
(Ordinance 2018-331) and the professional services provider (the "Provider) mentioned in this
ordinance is being selected as the most highly qualified on the basis of its demonstrated competence
and qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair, and reasonable, and are consistent
with, and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession, and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCII, OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to enter into a professional service
contract with Burgess & Niple, Inc., to provide professional design services for the street
improvement project, 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 RFQ 6590-009 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.
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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Legislation Text
File #: ID 18-962, Version: 1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
accepting competitive proposals and awarding a public works contract for the removal of existing asphalt
shingles and installation of standing seam metal roof panels on various park structures including restrooms,
concessions, and pavilions; providing for the expenditure of funds therefor; and providing an effective date
(RFP 6766-awarded to Concord Commercial Services, Inc., in the not-to-exceed amount of $310,346.40).
City of Denton Page 1 of 1 Printed on 6/15/2018
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__ City of Denton
�_ — _ city xall
`�t� Illllllllllllllll�l�uuuuuul�l�ll 215 E. McKinney Street
� Denton Texas
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www.cityofdenton.com
DEPARTMENT:
CM:
DATE:
SUBJECT
AGENDA INFORMATION SHEET
Materials Management
Todd Hileman
June 19, 2018
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
accepting competitive proposals and awarding a public works contract for the removal of existing asphalt
shingles and installation of standing seam metal roof panels on various park structures including restrooms,
concessions, and pavilions; providing for the expenditure of funds therefor; and providing an effective date
(RFP 6766-awarded to Concord Commercial Services, Inc., in the not-to-exceed amount of $310,346.40).
RFP INFORMATION /BACKGROUND
The Parks Department currently has ten (10) restroom/concession facilities with asphalt shingles that are in
need of replacement due to hail damage and degradation of roof integrity. Roof work will be performed on
the following facilities:
• North Lakes Softball 4-Plex Restroom/Concession (4,792 ft�, last roofed in 1994)
• North Lakes Pavilion #3 (2,983 ft�, last roofed in 1994)
• North Lakes Soccer Restroom/Concession (7,350 ft�, last roofed in 2005)
• North Lakes Football Restroom/Concession (2,285 ft�, last roofed in 2002)
• Evers Restroom/Concession North (1,363 ft�, last roofed in 2006)
• Evers Restroom/Concession South (2,840 ft�, last roofed in 1998)
• Denia Softball Restroom/Concession (2,840 ft�, last roofed in 1998)
• South Lakes Restroom/Concession (929 ft�, last roofed in 1995)
• South Lakes Pavilion 1(1,977 ft�, last roofed in 1995)
• South Lakes Pavilion 2(1,977 ft�, last roofed in 1995)
The awarded contractor will be responsible for removing existing roof covering and replacing it with 22
gauge metal standing seam roof panels. This process will consist of temporarily fencing each construction
site, removing and disposing of the existing asphalt shingles, replacing any damaged structural roof
components such as rafters or decking, wrapping all fascia with 22 gauge metal, applying waterproofing
underlayment and installing 22 gauge standing seam roof panels and trim.
Request for Proposals were sent to 378 prospective suppliers for these services. In addition, specifications
were placed on the Materials Management website for prospective suppliers to download and advertised in
the local newspaper. Three (3) proposals were received, and evaluated based upon published criteria
including project schedule, compliance with specifications, indicators of probable performance and price.
Based upon this evaluation, Concord Commercial Service, Inc. was ranked the highest and determined to
be the best value for the City (Exhibit 2).
RECOMMENDATION
Award a public works contract to Concord Commercial Services, Inc. for the removal of existing asphalt
shingles and installation of standing seam metal roof panels on various park structures in the amount of
$310,346.40.
PRINCIPAL PLACE OF BUSINESS
Concord Commercial Services, Inc.
Balch Springs, TX
ESTIMATED SCHEDULE OF PROJECT
This project will begin immediately upon approval with a target project completion date of September 28,
2018.
FISCAL INFORMATION
This project will be funded through the Capital Maintenance account 402001. Requisition # 138718 has
been entered into the Purchasing software system in the amount of $310,346.40. The budgeted amount for
this item is $300,000. The remainder of the funding will come from account 400245916 in the amount of
$10,346.40.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area:
Related Goal:
opportunities
EXHIBITS
Public Infrastructure
4.4 Provide and support outstanding leisure, cultural, and educational
Exhibit 1: Agenda Information Sheet
Exhibit 2: Pricing Evaluation
Exhibit 3: Contract
Exhibit 4: Ordinance
Respectfully submitted:
Karen Smith, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Gary Packan at 940-349-7460
Exhibit 2
RFP 6766 Pricing Evaluation for Roof Replacement of Parks Ancillary Structures
Item UOM Product Description Unit Price
19 BDFT Fasciaboard $13.00
20 SQFT 1/2" Plywood roof decldng $423
21 SQFT 3/4" Plywood roof decldng $4.55
22 SQFT 1/2" OSB roof decldng $325
Globus
Management
cartand, z_x
Co orarion
14
90
104
Castro Roo�ing of
Texas
Dattas, z�as
Co orarion
14
160
174
BAFO
$ 369.380.00 $738.800.00 $ 750A00.00
$ 7.377.00 $8.000.00 $ 8A00.00
$ 376,760.00 $746,800.00 $ 758,000.00
Unit Price
$ 37.569.00
$ 37181.00
$ 21.006.00
$ 57.807.00
$ 36110.00
$ 77.821.00
$ 35.504.00
$ 17.454.00
$ 24.618.00
$ 24.310.00
$369,380.00
Unit Price Unit Price
$12.50 $5.00
$2.00 $5.50
$2.50 $6.50
$1.75 $5.50
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE REMOVAL OF EXISTING ASPHALT SHINGL�S AND
INSTALLATION OF STANDING SEAM METAL ROOF PANELS ON VARIOUS PARK
ST'RUCTURES INCLUDING RESTROOMS, CONCESSIONS, AND PAVILIONS; PROVIDING
FOR THE EXPENDITUR� OF FUNDS THEREFOR; AND PROVIDING AN EFFECTNE DATE
(RFP 6766- AWARDED TO CONCORD COMMERCIAL SERVICES, INC., IN THE NOT-TO-
EXCEED AMOUN"I' OF $310,346.40).
WHEREAS, the City has solicited, received, and tabulated competitive proposals for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the Ciry Manager or a d�signated vmployee �as recezved, �nd recommended that
the herein described proposal is the hi�hest ��o� ��'t ��c;�c��l fox �rie constructior of the public works
or improvements described in the Request for �'roposal ("I�FP") document and plans and
specifications therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive proposal for the construction of public works or
itnprovements, as described in the "Request for Proposals" or plans and specifications on file in the
Office of the City's Purchasing Agent filed according to the RFP number assigned hereto, are hereby
accepted and approved:
RFP
NUMBER CONTRACTOR AMOUNT
6766 Concord Commercial Services, Inc. $310,346.40
SECTION 2. The acceptance and approval of the above competitive proposals shall not
constitute a contract between the City and the person submitting the proposal for construction of
such public works or improvements herein accepted and approved, until such person shall comply
with all requirements speciiied in the Notice to Proposers including the timely execution of a written
contract and furnishing of perforinance and payment bonds, and insurance certificate after
notification of the award.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public war�ks or improvements ir1 accordance
with the proposals accepted and approved herein, provided that such contracts are made in
accordance with the Notice to Proposers, and Request for Proposals, and documents relating thereto
specifying the terms, conditions, plans and specifications, standards, quantities, and specified sums
contained therein.
SECTION 4. The City Council of the City of Denton hereby expressly delegates the
authority to take any actions that may be r•equired or permitted to be perfonned by the City of Denton
under RFP 6766 to the City Manager of the City of Denton, or his designee.
SECTION 5. Upon acceptance and approval of the above competitive proposals and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner, and in the amount as specified in such
approved proposals, and authorized contracts executed pursuant thereto.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by and seconded by
, the ordinance was passed and approved by the following
vote � - � :
Aye Nay Abstain Absent
Chris Watts, Mayor:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Dalton Gregoiy, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the day of , 2018.
CHKIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECR�TARY
C
APPROVED AS TO L�GAL FORM:
AARON LEAL, CITY ATTORNEY
BY:
DocuSign Envelope ID: 6E261535-22AF-4174-A6FB-F5ADCE288D92
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Docusign City Counci) Transmitta) Coversheet
RFP 6766
File Name Roof Replacement of Parks Ancillary Structures
Purchasing Contact Jamie Cogdell
City Counci) Target Date 6/19/18
Contract Value 310, 346.40
Piggy Back Option No
Contract Expiration
Ordinance
DocuSign Envelope ID: 6E261535-22AF-4174-A6FB-F5ADCE288D92
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND CONCORD COMMERCIAL SERVICES, INC
(RFP 6766)
THIS CONTRACT is made and entered into this date ,by
and between Concord Commercial Services, Inc. a corporation, whose address is 11400 Lon�
Street, Balch S�rin�s, TX 75180, hereinafter referred to as "Contractor," and the CITY OF
DENTON, TEXAS, a Texas Municipal Corporation and Home-Rule City, hereinafter referred to
as "City," to be effective upon approval of the Denton City Council and the subsequent execution
of this Contract by the Denton City Manager, or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Contractor shall provide construction services in accordance with the City's RFP # 6766,
a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes
as "Exhibit B". The Contract consists of this written agreement and the following items which are
attached hereto and incorporated herein by reference:
(a)
(b)
Special Terms and Conditions (Exhibit "A");
City of Denton Request for Proposal # 6766 (Exhibit "B" on file at Ofiice of
Purchasing Agent)
General Provisions-Standard Terms and Conditions (Exhibit "C");
Payment and Performance Bond Requirements (Exhibit "D");
Insurance Requirements (Exhibit "E");
Certificate of Interested Parties Electronic Filing (Exhibit "F");
Contractor's Proposal (Exhibit "G");
House Bill 89 Verification (Exhibit "H")
Senate Bi11252 Certification (Exhibit "I")
Form CIQ — Conflict of Interest Questionnaire (Exhibit "J")
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions
of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence
first to this written Contract, and then to the Contract documents in the sequential order in which
they are listed above. These documents shall be referred to collectively as "Contract Documents."
The parties agree to transact business electronically. Any statutory requirements that certain terms
be in writing will be satisfied using electronic documents and signing. Electronic signing of this
document will be deemed an original for all legal purposes.
Contract 6766
DocuSign Envelope ID: 6E261535-22AF-4174-A6FB-F5ADCE288D92
IN WTTNESS WHEREOF, the parties of these presents have executed this Contract in the year
and day first above written.
CONTRACTOR
DocuSigned by:
(i�(A�rL � LGG�u�aa�� �2r/L.
BY:
AUTHORI ATURE
5/29/2018
Date:
Alan Greenwood, Pres.
Name:
T1tle: President
972-557-8789
PHONE NUMBER
projects@ccsinctx.com
EMAIL ADDRESS
2018-358308
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
TODD HILEMAN
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
DocuSigned by:
By: (,a�V'V'� r,b�,�,tS{�t-V'
38A6D90FD93B4AB...
Contract 6766
DocuSign Envelope ID: 6E261535-22AF-4174-A6FB-F5ADCE288D92
EXHIBIT A
SPECIAL TERMS AND CONDITIONS
Total Contract Amount
The Contract total for services shall not exceed $310,346.40. Pricing shall be per Exhibit G
attached.
Contract Term
The Contract shall commence upon the issuance of a Notice to Proceed. Contractor shall begin
work on site within fifteen (14) calendar days of receipt of Notice to Proceed. Project shall be
complete within seventy-five (72) calendar days after work commences on site. Delays are further
discussed in the Standard Terms and Conditions Exhibit C, Section 8.3.
Special Notice and Additional Requirement(s):
1. Additional safety precautions shall be instituted by the awarded Contractor, as the work
environment will be in an area where citizens and employees may be present, and work
safety must be coordinated with the owner.
2. The Contractor shall be responsible for all spoil removals, and any excess soil that will
require removal.
3. It is understood that the basis for payment on the work to be done according to the final
plans and specifications shall be a lump sum fee as set forth in Contractor's Proposal.
Any quantity estimates supplied by Designer or Owner are intended only as a guide to the
respondent. Contractor is responsible for making his own quantity estimates and pricing
from his own examination of the work to be done.
4. A schedule of Contractor's Quantities and Unit Prices is to be filled out as a part of this
bid. Extensions of units and unit prices must total up correctly.
5. If needed contract may be increased with a change order for unit pricing items. Unknown
until construction begins. Unit pricing to be per pricing proposal as submitted.
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EXHIBIT C
GENERAL PROVISIONS- TERMS AND CONDITIONS FOR FACILITY
CONSTRUCTION SERVICES
Invoices, Payments, and Releases
L INVOICES AND PAYMENT PROCESSING:
Pavment processin�: The City review, inspection, and processing procedures for invoices
ordinarily require thirty (30) days after receipt of invoices, materials, or services. Proposals
which call for payment before thirty (30) days from receipt of invoice, or cash discounts given
on such payment, will be considered only if, in the opinion of the Purchasing Manager, the
review, inspection, and processing procedures can be completed as specified. It is the intention
of the City of Denton to make payment within thirty (30) days after receipt of valid invoices
for which items or services have been received unless unusual circumstances arise. The thirty
(30) day processing period for invoices will begin on the date the invoice is received or the
date the items or services are received, whichever date is later.
Direct deposit for pavments: Prime Contractors are encouraged to arrange for receiving
payments through direct deposit. Information regarding direct deposit payments is available
from the City of Denton Purchasing website: www.d�n�c�il�urcllasin�.cc��.
Invoices: Invoices shall be sent directly to the City of Denton Accounts Payable Department,
215 E McKinney St, Denton, TX, 76201-4299 with a copy to the attention of Craig Arrington,
City of Denton Parks Department at craig.arrington@cityofdenton.com. Invoices must be
fully documented as to labor, materials, and equipment provided, if applicable, and must
reference the City of Denton Purchase Order Number in order to be processed. No
payments shall be made on invoices not listing a Purchase Order Number. Invoices for
partial payments on construction projects should normally be presented for payment within the
first five (5) days of the month, and submitted on the Pay Application Form.
2. TAX EXEMPTION:
The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04
(F) of the Texas Limited Sales, Excise and Use Tax Act. Any Prime Contractor performing
work under this Contract for the City of Denton may purchase materials and supplies and rent
or lease equipment sales tax free. This is accomplished by issuing exemption certificates to
suppliers. Certificates must comply with State Comptroller's ruling #95-0.07 and #95-0.09.
3. PAYMENTS TO CONTRACTORS:
A. Upon presentation of valid invoices, which should be within the first week of each month,
the Owner shall make partial payments to the Prime Contractor for construction
accomplished during the preceding calendar month on the basis of completed construction
certified to by the Prime Contractor and approved by the Owner and Architect/Engineer
solely for the purposes of payment. Provided, however, that such approval shall not be
deemed approval of the workmanship or materials. Only ninety-five percent (95%) of each
payment request approved during the construction of the proj ect shall be paid by the Owner
to the Prime Contractor prior to completion of the Proj ect. Upon the approval by the Owner
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of the Prime Contractor's "Final Invoice for Payment" showing the total cost of the
construction performed, the Owner shall make payment to the Prime Contractor of all
amounts to which the Prime Contractor shall be entitled there under which shall not have
been paid: Provided, however, that such final payment shall be made not later than ninety
(90) days after the date of completion of construction of the Project, as specified in the
Final Invoice for Payment, unless withheld because of the fault of the Prime Contractor.
B. The Prime Contractor shall be paid on the basis of the percentage of the work actually
completed for each construction item. The total amount paid for periodic billings shall not
exceed the maximum Contract price for the construction of the project as set forth in the
Contract, unless such excess shall have been approved in writing by the Purchasing Agent
as part of a change order.
C. No payment shall be due while the Prime Contractor is in default in respect of any of the
provisions of this Contract, and the Owner may withhold from the Prime Contractor the
amount of any claim by any third party against either the Prime Contractor or the Owner
based upon an alleged failure of the Prime Contractor to perform the work hereunder in
accordance with the provisions of this Contract. This includes, without limitation, the
alleged failure of the Prime Contractor to make payments to subcontractors.
4. RELEASE OF LIENS AND CERTIFICATE OF CONTRACTOR:
Upon award of the Contract, the Prime Contractor shall inform the Owner of the subcontractors
and material sources that will be used. Upon the completion by the Prime Contractor of the
construction of the Project, but prior to final payment to the Prime Contractor, the Prime
Contractor shall deliver to the Owner releases of all liens, and of rights to claim any lien, from
all manufacturers, materiamen and subcontractors furnishing services or materials for the
Project, to the effect that all materials or services used on or for the Project have been paid for
and indicating that the Owner is fully released from all such claims.
5. PAYMENTS TO MATERIALMEN AND SUBCONTRACTORS:
The Prime Contractor shall pay each materialman, and each subcontractor, if any, not later than
five (5) days after receipt of any payment from the Owner, the amount thereof allowed the
Contractor for and on account of materials furnished or construction performed by each
materialman or each subcontractor.
6. REMEDIES:
A. Completion of Prime Contractor's Default
If default shall be made by the Prime Contractor or by any subcontractor in the performance
of any of the terms of this proposal, the Owner, without in any manner limiting its legal
and equitable remedies in the circumstances, may serve upon the Prime Contractor and the
Surety or Sureties upon the Prime Contractor's bond or bonds a written notice requiring the
Prime Contractor to cause such default to be corrected forthwith. Unless within twenty
(20) days after the service of such notice upon the Prime Contractor such default shall be
corrected or arrangements for the correction thereof satisfactory to the Owner and/or
Architect/Engineer shall be made by the Prime Contractor or its Surety or Sureties, the
Owner may take over the construction of the Project and prosecute the same to completion
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by Contract or otherwise for the account and at the expense of the Prime Contractor, and
the Prime Contractor and its Surety or Sureties shall be liable to the Owner for any cost or
expense in excess of the Contract price occasioned thereby. In such event the Owner may
take possession of and utilize, in completing the construction of the proj ect, any materials,
tools, supplies, equipment, appliances, and plant belonging to the Prime Contractor or any
of its subcontractors, which may be situated at the site of the Project. The Owner in such
contingency may exercise any rights, claims or demands which the Prime Contractor may
have against third persons in connection with this Contract and for such purpose the Prime
Contractor does hereby assign, transfer and set over unto the Owner all such rights claims
and demands.
B. Liquidated Damages
The time of the completion of construction of the project is of the essence of the
contract. Should the Contractor neglect, refuse or fail to complete the construction within
the time herein agreed upon, after giving effect to extensions of time, if any, herein provided,
then, in that event and in view of the difficulty of estimating with exactness damages caused
by such delay, the City shall have the right to deduct from and retain out of such money
which may be then due or which may become due and payable to the Contractor the sum of
FNE HLTNDRED DOLLARS $500.00 per day for each and every day, including
weekends, that such construction is delayed on its completion beyond the specified time, as
liquidated damages and not as a penalty; if the amount due and to become due from the City
to the Contractor is insufficient to pay in full any such liquidated damages, the Contractor
shall pay to the City the amount necessary to effect such payment in full: Provided,
however, that the City shall promptly notify the Contractor in writing of the manner in which
the amount retained, deducted or claimed as liquidated damages was computed.
C. Cumulative Remedies
Every right or remedy herein conferred upon or reserved to the Owner shall be cumulative,
shall be in addition to every right and remedy now or hereafter existing at law or in equity
or by statute, and the pursuit of any right or remedy shall not be construed as an
election. Provided, however, that the provisions of the REMEDIES SECTION shall be
the exclusive measure of damages for failure by the Prime Contractor to complete the
construction of the Project within the time herein agreed upon.
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CITY OF DENTON GENERAL CONDITIONS FOR CONSTRUCTION
ARTICLE 1 GENERAL PROVISIONS
GENERAL DEFINITIONS
11 The following deiinitions apply throughout these General Conditions and to the other
Contract Documents:
a) THE CONTRACT DOCUMENTS
The Contract Documents consist of the formal Building Construction Services Agreement
between the Owner and the Prime Contractor, these General Conditions and other
supplementary conditions included by special provisions or addenda, drawings,
specifications, addenda issued prior to execution of the Contract, other documents listed in
the Contract, and Amendments issued after execution of the Contract. For purposes of these
General Conditions, an Amendment is:
(1) a written Supplemental Agreement to the Contract signed by authorized representatives
of both parties;
(2) a Change Order, including Change Orders signed only by the Owner as described in
Subparagraph 7.1(b) and Subparagraph 7.1(e); or
(3) a written order for a minor change in the Work issued by the Architect/Engineer as
described in Paragraph 7.3.
The Contract Documents also include bid documents such as the Owner's Instructions to
Bidders, sample forms, the Prime Contractor's Bid Proposal and portions of addenda
relating to any of these documents, and any other documents, exhibits or attachments
specifically enumerated in the Building Construction Services Agreement, but specifically
exclude geotechnical and subsurface reports that the Owner may have provided to the
Prime Contractor.
b) THE CONTRACT
The Contract Documents, as defined in Paragraph 1.1, are expressly incorporated into and
made a part of the formal Building Construction Services Agreement between the Owner
and the Prime Contractor by reference in this Paragraph and Paragraph 11 (which
documents are sometimes also referred to collectively in these General Conditions as the
"Contract"). The Contract Documents represent the entire and integrated agreement
between the Owner and the Prime Contractor and supersede all prior negotiations,
representations or agreements, either written or oral. The terms and conditions of the
Contract Documents may be changed only by an Amendment. The Contract Documents
shall not be construed to create a contractual relationship of any kind:
(1) between the Architect/Engineer and Prime Contractor;
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(2) between the Owner and a Subcontractor or -subcontractor; or
(3) between any persons or entities other than the Owner and Prime Contractor.
The Architect/Engineer shall, however, be entitled to performance and enforcement of
obligations under the Contract Documents intended to facilitate performance of the
Architect/Engineer's duties.
c) THE WORK
The term "Work" means the construction and services required by the Contract Documents,
whether completed or partially completed, and includes all labor, materials, equipment,
and services provided or to be provided by the Prime Contractor, or any Subcontractors,
Sub-subcontractors, material suppliers, or any other entity for whom the Prime Contractor
is responsible, to fulfill the Prime Contractor's obligations. The Work may constitute the
whole or a part of the Project.
d) THE PROJECT
The Project is the total construction more particularly described in the Building
Construction Services Agreement, of which the Work performed under the Contract
Documents may be the whole or a part of the Project and which may include construction
by the Owner or by separate contractors. All references in these General Conditions to or
concerning the Work or the site of the Work will use the term "Project," notwithstanding
that the Work may only be a part of the Project.
e) THE DRAWINGS
The Drawings (also known as the "Plans") are the graphic and pictorial portions of the
Contract Documents, wherever located and whenever issued, showing the design, location
and dimensions of the Work, generally including plans, elevations, sections, details,
schedules, and diagrams.
f� THE SPECIFICATIONS
The Specifications are that portion of the Contract Documents consisting of the written
requirements for materials, equipment, construction systems, standards, and workmanship
for the Work, performance of related services, and other technical requirements.
g) THE PROJECT MANUAL
The Project Manual is the volume or volumes which contain the bidding requirements,
sample forms, General Conditions for Building Construction, special provisions, and
Specifications. The Project Manual may be modified by written addendums issued by the
Owner during bidding, in which case the written addendums become a part of the Project
Manual upon their issuance, unless otherwise indicated by the Owner in writing.
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h) ALTERNATE
An Alternate is a variation in the Work on which the Owner requires a price separate from
the City Building General Conditions Base Bid. If an Alternate is accepted by the Owner,
the variation will become a part of the Contract through the execution of a change order or
amendment to the Contract and the Base Bid will be adjusted to include the amount quoted.
If an alternate is accepted by the Owner, and later deleted prior to any Work under the
alternate being performed or materials delivered to the Project site, the Owner will be
entitled to a credit in the full value of the alternate as priced in the Prime Contractor's Bid.
i) BASE BID
The Base Bid is the price quoted for the Work before Alternates are considered.
j) HAZARDOUS SUBSTANCE
The term Hazardous Substance is defined to include the following:
(1) any asbestos or any material which contains any hydrated mineral silicate, including
chrysolite, amosite, crocidolite, tremolite, anthophylite or actinolite, whether friable or
non-friable;
(2) any polychlorinated biphenyls ("PCBs"), or PCB-containing materials, or fluids;
(3 ) radon;
(4) any other hazardous, radioactive, toxic or noxious substance, material, pollutant, or
solid, liquid or gaseous waste;
(5) any pollutant or contaminant (including but not limited to petroleum, petroleum
hydrocarbons, petroleum products, crude oil or any fractions thereof, any oil or gas
exploration or production waste, any natural gas, synthetic gas or any mixture thereof,
lead, or other toxic metals) which in its condition, concentration or area of release could
have a significant effect on human health, the environment, or natural resources;
(6) any substance that, whether by its nature or its use, is subject to regulation or requires
environmental investigation, monitoring, or remediation under any federal, state, or
local environmental laws, rules, or regulations;
(7) any underground storage tanks, as defined in 42 U.S.C. Section 6991(1)(A)(I)
(including those defined by Section 9001(1) of the 1984 Hazardous and Solid Waste
Amendments to the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901
et seq.; the Texas Water Code Annotated Section 26.344; and Title 30 of the Texas
Administrative Code Sections 3343 and 334.4), whether empty, filled or partially filled
with any substance; and
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(8) any other hazardous material, hazardous waste, hazardous substance, solid waste, and
toxic substance as those or similar terms are defined under any federal, state, or local
environmental laws, rules, or regulations.
k) OTHER DEFINITIONS
As used in the Contract Documents, the following additional terms have the following
meanings:
(1) "provide" means to furnish, install, fabricate, deliver and erect, including all services,
materials, appurtenances and other expenses to complete in place, ready for operation
or use;
(2) "shall" means the action of the party to which reference is being made is mandatory;
(3) "as required" means as prescribed in the Contract Documents; and
(4) "as necessary" means all action essential or needed to complete the work in accordance
with the Contract Documents and applicable laws, ordinances, construction codes, and
regulations.
1.2 EXECUTION, CORRELATION AND INTENT
(a) The Building Construction Services Agreement shall be signed by duly authorized
representatives of the Owner and Prime Contractor as provided in the Agreement.
(b) Execution of the Building Construction Services Agreement by the Prime Contractor is a
representation that the Prime Contractor has visited the site, has become familiar with local
conditions, including but not limited to subsurface conditions, under which the Work is to
be performed and correlated personal observations with requirements of the Contract
Documents.
(c) The intent of the Contract Documents is to include all items necessary for the proper
execution and completion of the Work by the Prime Contractor. The Contract Documents
are complementary, and what is required by one shall be as binding as if required by all;
performance by the Prime Contractor shall be required only to the extent consistent with
the Contract Documents and reasonably inferable from them as being necessary to produce
the intended results.
(d) Organization of the Specifications into divisions, sections, and articles, and arrangement
of Drawings shall not control the Prime Contractor in dividing the Work among
Subcontractor(s) or in establishing the extent of Work to be performed by any trade.
(e) Unless otherwise stated in the Contract Documents, words which have well-known
technical or construction industry meanings are used in the Contract Documents in
accordance with such recognized meanings.
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(f) The Drawings and Specifications are intended to agree with one another, and Work called
for by Drawings and not mentioned in Specifications, or vice versa, shall be furnished as
if set forth by both. Specifications shall govern materials, methods and quality of work In
the event of a conflict on the Drawings between scale and dimension, figured dimensions
shall govern over scale dimensions and large scale drawings shall govern over small scale
drawings. Conflict between two or more dimensions applying to a common point shall be
referred to the Architect/Engineer/Engineer for final adjustment. If discrepancies or
conflicts occur within or between the Drawings and Specifications regarding the Work, or
within or between other Contract Documents, the Prime Contractor shall not perform such
Work without having obtained a clarification from the Architect/Engineer and resolution
by the Owner. The Owner's decision as to the appropriate resolution of a conflict or
discrepancy shall be final. Should the Drawings or the Specifications disagree within
themselves or with each other; the Base Bid will be based on the most expensive
combination of quality and quantity of Work indicated.
(g) Deviations from Contract Documents shall be made only after written approval is
obtained from Architect/Engineer and Owner, as provided in Article 7.
(h) The intention of the Contract Documents is to include all materials, labor, tools,
equipment, utilities, appliances, accessories, services, transportation, and supervision
required to completely perform the fabrication, erection and execution of the Work in
its final position.
(i) The most recently issued Drawing or Specification takes precedence over previous
issues of the same Drawing or Specification. In the event of a conflict, the order of
precedence of interpretation of the Contract Documents is as follows:
(1) Amendments (see Paragraph 72 for order of precedence between Amendments);
(2) the Building Construction Services Agreement;
(3) addenda, with those addenda of later date having precedence over those of an earlier
date;
(4) the Supplementary General Conditions and Special Provisions, if any;
(5) the General Conditions for Building Construction;
(6) Othe Specifications and Drawings.
1.30WNERSHIP AND USE OF ARCHITECT/ENGINEER'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
All Drawings, Specifications, and copies thereof furnished by the Architect/Engineer are and
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shall remain the property of the Owner and are, with the exception of the Contract set for each
party, to be returned to the Owner upon request at the completion of the Work.
1.4 CAPITALIZATION
Terms capitalized in these General Conditions include those which are:
(1) specifically defined in these General Conditions (except the terms defined in Subparagraph
l.l(j), which terms are of common grammatical usage and are not normally capitalized);
(2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs, and
Clauses;
(3) the titles of other documents published or used by the Owner as manuals or official policy
statements; or
(4) proper nouns or other words required under standard grammatical rules to be capitalized.
ARTICLE 2 - THE OWNER
21 DEFINITION OF OWNER
The Owner is the City of Denton, a Texas municipal corporation, and is identified as such in
the Building Construction Services Agreement, and is referred to throughout the Contract
Documents as if singular in number. The term "Owner" means the Owner or the Owner's
authorized representatives.
2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
(a) The Owner shall furnish the most recent survey describing the physical characteristics,
legal limits, utility locations, and a permanent benchmark for the site of the Project. The
Owner shall also furnish any environmental site assessments that may have been given to
the Owner or conducted for the property upon which the Project is to be constructed. THIS
INFORMATION IS FURNISHED TO THE PRIME CONTRACTOR ONLY IN ORDER
TO MAKE DISCLOSURE OF THIS MATERIAL AND FOR NO OTHER PURPOSE.
BY FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT,
WARRANT, OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART,
IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY, AND THE OWNER
SHALL HAVE NO LIABII,ITY FOR THIS MATERIAL.
(b) Except for permits and fees which are provided for in Subparagraph 3.7(a), the Owner shall
secure and pay for necessary approvals, easements, assessments, and charges required for
construction, use, or occupancy of permanent structures or for permanent changes in
existing facilities.
(c) Information or services under the Owner's control shall be furnished by the Owner with
reasonable promptness to avoid delay in the orderly progress of the Work It is incumbent
upon the Prime Contractor to identify, establish, and maintain a current schedule of latest
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dates for submittal and approval, as required in Paragraph 3.10, including when such
information or services must be delivered. If Owner delivers the information or services to
the Prime Contractor as scheduled and Prime Contractor is not prepared to accept or act on
such information or services, then Prime Contractor shall reimburse Owner for all extra
costs incurred of holding, storage, or retention, including redeliveries by the Owner to
comply with the current schedule.
(d) Unless otherwise provided in the Contract Documents, the Prime Contractor will be
furnished electronic copies of the Drawings and Specifications for bid purposes and one
hard copy approved by Building Inspections upon execution of the Contract. Prime
Contractor may obtain additional copies by paying the cost of additional printing or
reproduction.
(e) The obligations described above are in addition to other duties and responsibilities of the
Owner enumerated in the Contract Documents and especially those in respect to Article 6
(Construction by Owner or by Separate Contractors), Article 9(Payments and
Completion), and Article 11 (Insurance and Bonds).
(f) The Owner shall forward all instructions to the Prime Contractor through the
Architect/Engineer, except for the Owner's Notice to Proceed and the Owner's decision to
carry out Work as described in Paragraph 2.4.
(g) The Owner's employees, agents, and consultants may be present at the Project site during
performance of the Work to assist the Architect/Engineer in the performance of the
Architect/Engineer's duties and to verify the Prime Contractor's record of the number of
workmen employed on the Work, their occupational classification, the time each is
engaged in the Work, the equipment used in the performance of the Work, and for purpose
of verification of Prime Contractor's Applications for Payment.
2.3 OWNER'S RIGHT TO STOP THE WORK
If the Prime Contractor fails to correct any portion of the Work which is not in accordance with
the requirements of the Contract Documents as required by Paragraph 122 or refuses or fails
to carry out all or any part of the Work in accordance with the Contract Documents, the Owner,
by written order, may order the Prime Contractor to stop the Work, or any portion of the Work,
until the cause for the order has been eliminated. The right of the Owner however, to stop the
Work shall not create or imply a duty on the part of the Owner to exercise this right for the
benefit of the Prime Contractor or any other person or entity. The rights of the Owner under
this Paragraph 2.3 shall be in addition to, and not in restriction of, the Owner's rights under
Paragraph 12.2.
2.4 OWNER'S RIGHT TO CARRY OUT THE WORK
If the Prime Contractor fails or refuses to carry out the Work or perform any of the terms,
covenants, or obligations of the Contract Documents, and fails or refuses to correct any failure
or refusal with diligence and promptness within fourteen (14) days after receipt of written
notice from the Owner, the Owner may correct the Prime Contractor's failure or refusal or
cause such failure or refusal to be corrected, without affecting, superseding, or waiving any
other contractual, legal, or equitable remedies the Owner has, including but not limited to the
Owner's termination rights under Article 13. In that case, an appropriate Change Order will be
issued deducting the Owner's cost of correction, including Architect/Engineer's compensation
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for additional services and expenses made necessary by the failure or refusal of the Prime
Contractor from payments then or thereafter due to the Prime Contractor. The cost of correction
is subject to verification (but not approval) by the Architect/Engineer. If payments then or
thereafter due the Prime Contractor are not sufficient to cover the cost of correction, the Prime
Contractor shall pay the difference to the Owner.
2.5 NOTICE TO PROCEED
After final execution of the Contract and receipt and approval of the required performance and
payment bonds and evidence of required insurance, the Owner will issue a written Notice to
Proceed with the Work, including the designated Contract Time within which Substantial
Completion of the Work must be achieved. If the Owner unreasonably delays issuance of a
written Notice to Proceed through no fault of the Prime Contractor, the Prime Contractor shall
be entitled only to an equitable adjustment of the Contract Time, if properly claimed pursuant
to the requirements of Paragraph 4.3; but the Prime Contractor shall not be entitled to any
increase to the Contract Sum whatsoever for this reason.
ARTICLE 3 - THE CONTRACTOR
31 DEFINITION OF CONTRACTOR
The Prime Contractor is the person or business entity identified as such in the Building
Construction Services Agreement, and is referred to throughout the Contract Documents as if
singular in number. The term "Prime Contractor" means the Prime Contractor or the Prime
Contractor's authorized employees or representatives.
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY
CONTRACTOR
(a) The Prime Contractor shall carefully check, study, and compare the Contract Documents
with each other and shall at once report to the Architect/Engineer in writing any
inconsistency, ambiguity, error, omission, conflict, or discrepancy the Prime Contractor
may discover. The Prime Contractor shall also verify all dimensions, field measurements,
and field conditions before laying out the Work The Prime Contractor will be held
responsible for any subsequent error, omission, conflict, or discrepancy which might have
been avoided by the above-described check, study, comparison, and reporting. In the event
the Prime Contractor continues to work on an item where an inconsistency, ambiguity,
error, omission, conflict, or discrepancy exists without obtaining such clarification or
resolution or commences an item of the Work without giving written notice of an error,
omission, conflict, or discrepancy that might have been avoided by the check, study, and
comparison required above, it shall be deemed that the Prime Contractor bid and intended
to execute the more stringent, higher quality, or state of the art requirement, or accepted
the condition "as is" in the Contract Documents, without any increase to the Contract Sum
or Contract Time. The Prime Contractor shall also be responsible to correct any failure of
component parts to coordinate or fit properly into final position as a result of Prime
Contractor's failure to give notice of and obtain a clarification or resolution of any error,
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omission, conflict, or discrepancy, without any right to any increase to the Contract Sum
or Contract Time.
(b) The Prime Contractor shall perform the Work in accordance with the Contract Documents
and submittals approved pursuant to Paragraph 3.12.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
(a) The Prime Contractor shall supervise and direct the Work, using the Prime Contractor's
best skill and attention. The Prime Contractor shall be solely responsible for and have
control over construction means, methods, techniques, sequences, and procedures and for
coordinating all portions of the Work, unless the Contract Documents set forth specific
instructions concerning these matters.
(b) The Prime Contractor shall be responsible to the Owner for the acts and omissions of the
Prime Contractor's employees, Subcontractors, Sub-subcontractors, and their respective
agents and employees, and any other persons performing portions of the Work under a
subcontract with the Prime Contractor, or with any Subcontractor, and all other persons or
entities for which the Prime Contractor is legally responsible. All labor shall be performed
by mechanics that are trained and skilled in their respective trades. Standards of work
required throughout shall be of a quality that will bring only first class results. Mechanics
whose work is unsatisfactory, or who are considered careless, incompetent, unskilled, or
otherwise objectionable shall be dismissed promptly from the Work and immediately
replaced with competent, skilled personnel. Any part of the Work adversely affected by the
acts or omissions of incompetent, unskilled, careless, or objectionable personnel shall be
immediately corrected by the Prime Contractor.
(c) The Prime Contractor shall not be relieved of its obligation to perform the Work in
accordance with the Contract Documents either by activities or duties of the
Architect/Engineer in the Architect/Engineer's administration of the Contract, or by tests,
inspections, or approvals required or performed by persons other than the Prime
Contractor.
(d) The Prime Contractor shall be responsible for inspection of portions of Work already
performed under this Contract to determine that such portions are in proper condition to
receive subsequent Work The Prime Contractor's responsibility under this paragraph will
not in any way eliminate the Architect/Engineer's responsibility to the Owner under the
Architect/Engineer/Owner Agreement.
(e) Any Prime Contractor, Subcontractor, Sub-subcontractor, or separate contractor who
commences Work over, in, or under any surface prepared by the Owner or by any other
contractor, subcontractor, sub-subcontractor or any separate contractor, without the Prime
Contractor having given written notice to the Architect/Engineer of the existence of any
faulty surface or condition in the surface that prevents achieving the quality of
workmanship specified by the Contract Documents and without having obtained the prior
approval of the Architect/Engineer and the Owner to proceed is deemed to have accepted
the surface or condition in the surface as satisfactory at the commencement of such Work.
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Any unsatisfactory Work subsequently resulting from such a faulty surface or condition in
the surface that was not pre-approved by the Architect/Engineer or the Owner after notice
as provided above may be rejected and replacement required, without any increase to the
Contract Sum or Contract Time.
(f) All grades, lines, levels, and benchmarks shall be established and maintained on an ongoing
basis by the Prime Contractor. The Prime Contractor is solely responsible for any errors
made in establishing or maintaining proper grades, lines, levels, or benchmarks. Contractor
shall verify all grades, lines, levels, and dimensions as indicated on Drawings. He shall
report any errors, omissions, conflicts, or inconsistencies to Architect/Engineer before
commencing any Work affected by these conditions. Contractor shall establish and
safeguard benchmarks in at least two widely separated places and, as Work progresses,
establish benchmarks at each level and lay out partitions on rough floor in exact locations
as guides to all trades. The Contractor shall, from the permanent benchmark provided by
the Owner, establish and maintain adequate horizontal and vertical control.
3.4 LABOR AND MATERIALS
(a) Except as is otherwise specifically provided in the Contract Documents as being the
responsibility of the Owner, the Prime Contractor shall provide and pay for labor,
materials, equipment, tools, construction equipment and machinery, water, heat, utilities,
transportation, and other facilities and services necessary for proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated
or to be incorporated in the Work.
(b) The Prime Contractor shall enforce strict discipline and good order among the Prime
Contractor's employees and all other persons carrying out the Contract. The Prime
Contractor shall not permit employment of unfit persons or persons not skilled in tasks
assigned to them.
(c) The Prime Contractor shall give preference, when qualified labor is available to perform
the Work to which the employment relates, to all labor hired for the Project in the following
order:
(1) residents of the City of Denton, Texas;
(2) residents of the County of Denton, Texas;
3.5 WARRANTY
(a) General Warranty. The Contractor warrants to the Owner that all Work shall be
accomplished in a good and workmanlike manner and that all materials and equipment
furnished under the Contract will be of good quality, new (unless otherwise specified), and
free from faults or defects, and that the Work will otherwise conform to the Contract
Documents. Work not conforming to these requirements, including substitutions not
properly approved and authorized, will be considered defective or nonconforming. The
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Contractor's warranty excludes any remedy for damage or defect caused by abuse,
modifications not executed by the Contractor, improper or insufficient maintenance,
improper operation, or normal wear and tear under normal usage. If required by the
Architect/Engineer, the Contractor shall furnish satisfactory evidence as to the kind and
quality of materials and equipment. The commencement date, duration, and other
conditions related to the scope of this general warranty are established in Subparagraphs
9.9 (a) and 12.2(b) of these General Conditions. THE GENERAL WARRANTY
PROVIDED 1N THIS SUBPARAGRAPH IS IN ADDITION TO AND DOES NOT
LIMIT OR DISCLAIM ANY OTHER WARRANTY OR REMEDY REQUIIZED OR
PROVIDED BY LAW OR THE CONTRACT DOCUMENTS AND SUCH WARRANTY
SHALL REQUIIZE THE CONTRACTOR TO REPLACE DEFECTNE MATERIALS
AND RE-EXECUTE DEFECTNE WORK THAT IS DISCLOSED BY THE OWNER
TO THE CONTRACTOR WITHIN A PERIOD OF TWO (2) YEARS AFTER
SUBSTANTIAL COMPLETION OF THE ENTIIZE WORK; OR, IF A LATENT
DEFECT IS DISCOVERED WITHIN TWO YEARS OF SUBSTATIONAL
COMPLETION OF THE ENTIIZE WORK.
(b) Special Warranties. The Contractor shall assign to the Owner in writing, as a condition
precedent to final payment, the terms and conditions of all special warranties required
under the Contract Documents.
3.6 TAXES
The Owner qualifies for exemption from state and local sales and use taxes, pursuant to the
provisions of Section 151309 of the Texas Tax Code, as amended. Therefore, the Owner shall
not be liable for, or pay the Contractor's cost of, such sales and use taxes which would
otherwise be payable in connection with the purchase of tangible personal property furnished
and incorporated into the real property being improved under the Contract Documents or the
purchase of materials, supplies and other tangible personal property, other than machinery or
equipment and its accessories and repair and replacement parts, necessary and essential for
performance of the Contract which is to be completely consumed at the job site. The Contractor
shall issue an exemption certificate in lieu of the tax on such purchases.
3.7 PERMITS, FEES AND NOTICES
(a) The Architect/Engineer will apply and arrange for the issuance of the City of Denton
Building Permit. The Prime Contractor and Subcontractors will apply and arrange for the
issuance of all other required permits, and will not be required to pay a fee for any City of
Denton permits required for the Project. The Owner will pay all service extension charges,
including tap fees, assessed by the Water Utilities Department.
(b) The Prime Contractor shall comply with and give notices required by laws, ordinances,
rules, regulations, and lawful orders of governmental entities or agencies applying to
performance of the Work.
(c) Except as provided in Subparagraph (d) below, it is not the Prime Contractor's
responsibility to ascertain that the Contract Documents are in accordance with applicable
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laws, ordinances, construction codes, and rules and regulations. However, if the Prime
Contractor observes that portions of the Contract Documents are at variance with
applicable laws, ordinances, construction codes, rules or regulations, the Prime Contractor
shall promptly notify the Architect/Engineer and the Owner in writing, and necessary
changes shall be accomplished by appropriate Amendment.
(d) If the Prime Contractor performs Work knowing it to be contrary to laws, ordinances,
construction codes, or rules and regulations without notifying the Architect/Engineer and
the Owner, the Prime Contractor shall assume full responsibility for the Work and shall
bear the attributable costs of the correction of the Work and any other Work in place that
may be adversely affected by the corrective work.
3.8 ALLOWANCES
(a) The Prime Contractor shall include in the Contract Sum all allowances stated in the
Contract Documents. Items covered by allowances shall be supplied for the amounts
identified in the Contract and by persons or entities as the Owner may direct, but the Prime
Contractor shall not be required to employ persons or entities against which the Prime
Contractor makes reasonable objection.
(b) Unless otherwise provided in the Contract Documents:
(1) materials and equipment under an allowance shall be selected promptly by the Owner
to avoid delay in the Work;
(2) the amount of each allowance shall cover the cost to the Prime Contractor of materials
and equipment delivered at the site less all exempted taxes and applicable trade
discounts;
(3) the amount of each allowance includes the Prime Contractor's costs for unloading and
handling at the site, labor, installation costs, overhead, profit, and other expenses
contemplated for stated allowance Work;
(4) whenever costs are more than or less than allowances, the Contract Sum shall be
adjusted accordingly by Change Order. The amount of the Change Order shall reflect:
(i) the difference between actual costs and the allowances under Clause (b) (2); and
(ii) changes in Contractor's costs under Clause (b) (3);
(5) the Owner retains the right to review and approve Subcontractors selected by the Prime
Contractor to perform work activities covered by allowances.
3.9 SUPERINTENDENT
The Prime Contractor shall employ a competent superintendent and necessary assistants who
shall be in attendance at the Project Site during performance of the Work The superintendent
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shall represent the Prime Contractor, and communications given to the superintendent shall be
as binding as if given to the Prime Contractor. Important communications shall be confirmed
in writing. Other communications shall be similarly confirmed on written request in each case.
The Owner reserves the right to request that the Prime Contractor replace its superintendent at
any time and the Prime Contractor will replace said superintendent at the Owner's direction.
310 PRIME CONTRACTOR'S CONSTRUCTION SCHEDULES
(a) The Prime Contractor shall, immediately after award of the Contract and before submittal
of the first Application for Payment, prepare and submit the construction schedule for the
Architect/Engineer's and Owner's information, review, and approval in accordance with
the following provisions:
(1) Unless otherwise approved in writing by the Owner, the construction schedule shall not
exceed the Contract Time limits currently in effect under the Contract Documents and
shall provide for expeditious and practicable execution of the Work.
(2) The construction schedule shall include all shop drawing and submittal data
requirements, indicating for each:
(i) the latest date to be submitted by the Prime Contractor; and
(ii) the latest date for approval by the Architect/Engineer.
(3) The construction schedule shall be in the form of a critical path management schedule,
and shall indicate each critical task (the "predecessor") of all the major construction
activities of the Work in a logical and sequential order (the "project network") which
requires completion prior to commencement of the task next following (the
"successor"). Each task shall be identified with:
(i) actual work time, exclusive of slack time, for accomplishment;
(ii) the latest start date;
(iii) the latest finish date;
(iv) the amount of float associated with each task;
(v) the amount of labor, material, and equipment associated with each task; and
(vi) the percentage of completion as of the date of the current schedule.
(4) The construction schedule shall be revised and updated monthly to reflect the actual
status of the Work and shall be submitted with each Application for Payment.
(5) On or before the first day of each month, following the date of commencement of the
Work as stated in the notice to proceed, the Prime Contractor shall prepare and submit
to the Architect/Engineer and the Owner an up-to-date status report of the progress of
the various construction phases of the Work in the form of an updated construction
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schedule. This status report shall consist of a time scale drawing indicating actual
progress of the various phases of the Work and the percentage of completion of the
entire Work The original construction schedule shall be updated or changed to indicate
any adjustments to the Contract Time granted by the Owner. The updated schedule
must be submitted with the Prime Contractor's Application for Payment. No such
application will be certified without a satisfactory update to the construction schedule.
(6) The construction schedule will also be revised to show the effect of change orders and
other events on Contract Time. No request for an increase in Contract Time will be
considered unless it is accompanied by a schedule revision demonstrating the amount
of time related to the cause of the request. If the Contractor's status schedules reflect
that the Prime Contractor has fallen behind the pace required to complete the Work
within the Contract Time, through no fault of the Owner, the Prime Contractor shall
prepare a recovery schedule demonstrating how it intends to bring its progress back
within the Contract Time. This recovery schedule shall be in a form acceptable to the
Owner.
(7) Costs incurred by the Prime Contractor in preparing and maintaining the required
construction schedule, any updated schedule, and any recovery schedule required by
the Owner will not be paid as an additional or extra cost and shall be included in the
Contract Sum.
(8) The Contract Sum is deemed to be based upon a construction schedule requiring the
full Contract Time. NO CLAIM FOR ADDITIONAL COMPENSATION SHALL BE
ALLOWED AS A RESULT OF THE PRIME CONTRACTOR BASING HIS BID ON
AN EARLY COMPLETION SCHEDULE, OR AS A RESULT OF DELAYS AND
COSTS ATTRIBUTABLE TO COMPLETION LATER THAN THE PLANNED
EARLY COMPLETION DATE.
(b) The Prime Contractor shall also prepare and keep current, for the
Architect/Engineer's approval, a schedule of submittals which is coordinated with
the Prime Contractor's construction schedule and allows the Architect/Engineer
reasonable time to review submittals.
(c) The Prime Contractor shall conform to the most recent schedules approved as to
form by the Architect/Engineer and the Owner. Any subsequent revisions made by
the Prime Contractor to schedules in effect shall conform to the provisions of
Subparagraph 3.10(a)
(d) If the Work falls behind the approved construction schedule, the Prime Contractor
shall take such steps as may be necessary to improve his progress, and the
Architect/Engineer and the Owner may require him to increase the number of shifts,
overtime operations, days of work, or the amount of construction plant, and to
submit for approval revised schedules in the form required above in order to
demonstrate the manner in which the agreed rate of progress will be regained, all
without additional cost to the Owner.
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3.11 DOCUMENTS AND SAMPLES AT THE PROJECT SITE
The Contractor shall maintain at the Project site for the Owner one record copy of the
Drawings, Specifications, addenda, and Amendments in good order and marked currently to
record changes and selections made during construction, and in addition shall maintain at the
Project site approved Shop Drawings, Product Data, Samples, and similar required submittals.
These shall be available to the Architect/Engineer and shall be delivered to the
Architect/Engineer for submittal to the Owner upon completion of the Work.
312 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
(a) Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for
the Work by the Contractor or a Subcontractor, Sub-subcontractor, materialmen,
manufacturer(s), supplier(s), or distributor(s) to illustrate some portion of the Work.
(b) Product Data are illustrations, standard schedules, performance charts, instructions,
brochures, diagrams, and other information furnished by the Contractor to illustrate
materials or equipment for some portion of the Work.
(c) Samples are physical examples which illustrate materials, equipment, or workmanship and
establish standards by which the Work will be judged.
(d) Shop Drawings, Product Data, Samples, and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions of the Work
for which submittals are required the way the Contractor proposes to conform to the
information given and the design concept expressed in the Contract Documents. Review
by the Architect/Engineer is subject to the limitations of Paragraph 42.
(e) The Prime Contractor shall review, approve and submit to the Architect/Engineer Shop
Drawings, Product Data, Samples, and similar submittals required by the Contract
Documents with reasonable promptness and in such sequence as to cause no delay in the
Work or in the activities of the Owner, or of separate contractors. Submittals made by the
Prime Contractor which are not required by the Contract Documents may be returned
without action.
(f) The Prime Contractor shall perform no portion of the Work requiring submittal and review
of Shop Drawings, Product Data, Samples, or similar submittals until the respective
submittal has been approved by the Architect/Engineer. Work requiring this submittal and
review shall be in accordance with approved submittals and any identified exceptions noted
by the Architect/Engineer.
(g) By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Prime Contractor represents that the Prime Contractor has determined and
verified materials, field measurements, and related field construction criteria, or will do so,
and has checked and coordinated the information contained within submittals with the
requirements of the Work and of the Contract Documents. The Prime Contractor's attention
is directed to Paragraph 3 2 of these General Conditions and the requirements stated in that
Paragraph.
(h) The Prime Contractor shall not be relieved of responsibility for deviations, substitutions,
changes, additions, deletions or omissions from requirements of the Contract Documents
by the Architect/Engineer's approval of Shop Drawings, Product Data, Samples, or similar
submittals unless the Prime Contractor has specifically informed the Architect/Engineer in
writing of such substitutions, changes, additions, deletions, omissions, or deviations
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involved in the submittal at the time of submittal and the Architect/Engineer, subject to a
formal Change Order signed by the Owner, Architect/Engineer and Prime Contractor, has
given written approval to the specific substitutions, changes, additions, deletions,
omissions, or deviations. The Prime Contractor shall not be relieved of responsibility for
errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals by the
Architect/Engineer's approval thereof. Further, notwithstanding any approval of a
submittal by the Architect/Engineer, the Prime Contractor shall be responsible for all
associated Proj ect costs, including costs of coordination's, modifications, or impacts, direct
or indirect, resulting from any and all substitutions, changes, additions, deletions,
omissions, or deviations, whether or not specifically identified by the Prime Contractor to
the Architect/Engineer at the time of the above-mentioned submittals, including additional
consulting fees, if any, in any and all accommodations associated with such substitutions,
changes, additions, deletions, omissions, or deviations to the requirements of the Contract
Documents.
(i) The Prime Contractor shall direct specific attention, in writing or on resubmitted Shop
Drawings, Product Data, Samples, or similar submittals, to additional revisions other than
those requested by the Architect/Engineer on previous submittals. In the absence of such
written notice, the Architect/Engineer's approval of a resubmission shall not apply to the
additional revisions not requested.
(j) Informational submittals upon which the Architect/Engineer is not expected to take
responsive action may be so identified in the Contract Documents.
(k) When professional certification of performance criteria of materials, systems, or equipment
is required by the Contract Documents, the Architect/Engineer shall be entitled to rely upon
the accuracy and completeness of such calculations and certifications.
3.13 USE OF THE PROJECT SITE
The Prime Contractor shall confine operations at the Project site to areas permitted by law,
ordinances, permits, and the Contract Documents and shall not unreasonably encumber the
Project site with materials or equipment.
314 CUTTING AND PATCHING
(a) The Prime Contractor shall be responsible for cutting, fitting or patching required to
complete the Work or to make its parts fit together properly.
(b) The Prime Contractor shall not damage or endanger a portion of the Work or any fully
or partially completed construction of the Owner or separate contractors by cutting,
patching, or otherwise altering the construction, or by excavating. The Prime Contractor
shall not cut or otherwise alter the construction by the Owner or a separate contractor
except with the written consent of the Owner and of the separate contractor; consent shall
not be unreasonably withheld. The Prime Contractor shall not unreasonably withhold
from the Owner or a separate contractor the Prime Contractor's consent to cutting or
otherwise altering the Work.
(c) A"Hot Work Permit" must be obtained from the City of Denton's Facilities Management
Department, 869 S. Woodrow Lane, Denton, Texas (940 349-7200) for any temporary
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operation involving open flames or producing heat and/or sparks. This includes, but is
not limited to: Brazing, Cutting, Grinding, Soldering, Torch Applied Roofing and
Welding.
315 CLEANING UP
(a) The Prime Contractor shall keep the Project site and surrounding area free from
accumulation of waste materials or rubbish caused by operations under the Contract.
Upon the completion of the Work the Prime Contractor shall remove from and about the
Project site all waste materials, and rubbish, and all of the Prime Contractor's tools,
construction equipment, machinery, and surplus materials.
(b) If the Prime Contractor fails to clean up as provided in the Contract Documents, the
Owner may, at Owner's option, clean up the Project site, and the Owner's cost of cleaning
up shall be charged to the Contractor.
316 ACCESS TO WORK
The Prime Contractor shall provide the Owner and the Architect/Engineer access to the Work
in preparation and progress wherever located during the course of construction.
3.17 TESTS AND INSPECTIONS
(a) Tests, inspections, and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations, or orders of governmental entities or
agencies having jurisdiction over the Work shall be made at appropriate times. Unless
otherwise provided, the Prime Contractor shall make arrangements for such tests,
inspections, and approvals with an independent testing laboratory or entity acceptable to
the Owner or with the appropriate governmental entity or agency, and the Prime Contractor
shall bear all related costs of tests, inspections, and approvals. The Prime Contractor shall
give the Architect/Engineer timely notice of when and where tests and inspections are to
be made so the Architect/Engineer may observe such procedures. The Owner shall bear
costs of tests, inspections, or approvals which become requirements after bids or proposals
are received.
(b) If the Architect/Engineer, the Owner or other public authorities having jurisdiction over
the Work determine that portions of the Work require additional testing, inspection or
approval not included under Subparagraph 3.17(a), the Architect/Engineer will, upon
written authorization from the Owner, instruct the Prime Contractor to make arrangements
for such additional testing, inspection or approval by an entity acceptable to the Owner,
and the Prime Contractor shall give timely notice to the Architect/Engineer of when and
where tests and inspections are to be made so that the Architect/Engineer may observe such
procedures. The Owner shall bear such costs except as provided in Subparagraph 3.17(c).
(c) If procedures for testing, inspection, or approval under Subparagraphs 3.17(a) and 3.17(b)
reveal deficiencies or nonconformities in the Work, the Prime Contractor shall bear all
costs made necessary to correct the deficiencies or nonconformities, including those of
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repeated procedures and compensation for the Architect/Engineer's services and expenses,
if any. The Prime Contractor shall bear the costs of any subsequent testing, inspection, or
approval of the corrected Work.
(d) Required certificates of testing, inspection or approval shall, unless otherwise required by
the Contract Documents, be secured by the Prime Contractor and promptly delivered to the
Architect/Engineer.
(e) If the Architect/Engineer is to observe tests, inspections or approvals required by the
Contract Documents, the Architect/Engineer will do so promptly and, where practicable,
at the normal place of testing or inspection.
(f) Tests or inspections conducted pursuant to the Contract Documents shall be made promptly
to avoid unreasonable delay in the Work.
318 ROYALTIES AND PATENTS
The Contractor shall pay all royalties and license fees. CONTRACTOR SHALL
COMPLETELY DEFEND, INDEMNIFY AND HOLD OWNER AND
ARCHITECT/ENGINEER HARMLESS FROM ANY AND ALL LIABILITIES, SUITS
OR CLAIMS FOR INFRINGEMENT OF PATENT RIGHTS, REGARDLESS OF
WHETHER OR NOT THE OWNER OR THE ARCHITECT/ENGINEER SPECIFIED A
PARTICULAR DESIGN, PROCESS OR PRODUCT IN THE CONTRACT DOCUMENTS
THAT MAY BE THE SUBJECT OF A PATENT INFRINGEMENT OR OTHERWISE
ACTNELY INDUCED OR CONTRIBUTED TO THE PATENT INFRINGEMENT. In the
event the Prime Contractor has reason to believe that a particular design, process or product
specified infringes a patent, the Prime Contractor shall immediately notify the Owner and
the Architect/Engineer of same.
319 INDEMNIFICATION
(a) THE PRIME CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE
OWNER, ITS OFFICERS, AGENTS AND EMPLOYEES, AND THE
ARCHITECT/ENGINEER, HARMLESS AGAINST ANY AND ALL CLAIMS,
LIABILITIES, LAWSUITS, NDGMENTS, FINES, PENALTIES, COSTS AND
EXPENSES FOR PERSONAL INNRY (INCLUDING DEATH), PROPERTY
DAMAGE OR OTHER HARM OR VIOLATIONS FOR WHICH RECOVERY OF
DAMAGES, FINES, OR PENALTIES IS SOUGHT, SUFFERED BY ANY PERSON OR
PERSONS, THAT MAY ARISE OUT OF OR BE OCCASIONED BY CONTRACTOR'S
BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS CONTRACT,
VIOLATIONS OF LAW, OR BY ANY NEGLIGENT, GROSSLY NEGLIGENT,
INTENTIONAL, OR STRICTLY LIABLE ACT OR OMISSION OF THE PRIME
CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, OR
SUB-SUBCONTRACTORS AND THEIIZ RESPECTNE OFFICERS, AGENTS, OR
REPRESENTATNES, OR ANY OTHER PERSONS OR ENTITIES FOR WHICH THE
PRIME CONTRACTOR IS LEGALLY RESPONSIBLE IN THE PERFORMANCE OF
THIS CONTRACT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS
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PARAGRAPH SHALL NOT APPLY TO ANY LIABII,ITY RESULTING FROM THE
SOLE NEGLIGENCE OR FAULT OF THE OWNER, ITS OFFICERS, AGENTS,
EMPLOYEES OR SEPARATE CONTRACTORS, OR OF THE
ARCHITECT/ENGINEER, AND IN THE EVENT OF JOINT AND CONCURRENT
NEGLIGENCE OR FAULT OF THE CONTRACTOR, THE OWNER, AND THE
ARCHITECT/ENGINEER, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL
BE APPORTIONED IN ACCORDANCE WITH THE LAW OF THE STATE OF
TEXAS, WITHOUT, HOWEVER, WANING ANY GOVERNMENTAL IMMUNITY
AVAILABLE TO THE OWNER UNDER TEXAS LAW, AND WITHOUT WANING
ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF
THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO
AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS,
CONTRACTUAL OR OTHERWISE, TO ANY OTHER THIIZD PERSON OR ENTITY.
(b) In claims against any person or entity indemnified under this Paragraph 3.19 by an
employee of the Prime Contractor, a Subcontractor, anyone directly or indirectly employed
by them or anyone for whose acts they may be liable, the indemnification obligation under
this Paragraph 3.19 shall not be limited by a limitation on amount or type of damages,
compensation or benefits payable by or for the Prime Contractor or any Subcontractor,
under workers compensation acts, disability benefit acts or other employee benefit acts.
(c) Indemnification under this Paragraph 3.19 shall include, but is not limited to, liability
which could result to or be created for the Owner, its officers, agents, or employees, or the
Architect/Engineer pursuant to State or Federal laws or regulations relating to pollution of
the environment and State or Federal laws or regulations relating to the occupational safety
and health of workers. The Prime Contractor specifically agrees to comply with the above-
mentioned laws and regulations in the performance of the Work by the Prime Contractor
and that the obligations of the Owner, its officers, agents, and employees, and the
Architect/Engineer under the above-mentioned laws and regulations are secondary to those
of the Prime Contractor.
ARTICLE 4 - CONTRACT ADMINISTRATION
41 THE DESIGN PROFESSIONAL (ARCHITECT/ENGINEER)
(a) The design professional is the person lawfully licensed to practice architecture or
engineering or a firm or other business entity lawfully practicing architecture/engineering
identified as such in the formal Building Construction Services Agreement and is referred
to throughout the Contract Documents as if singular in number. The term
"Architect/Engineer" means the Architect/Engineer or the Architect/Engineer's authorized
representative. The Owner may, at its option, designate a qualified Owner representative
to serve as the Architect/Engineer on the Project instead of an outside firm or person. In
such event, the references in these General Conditions that refer to the Architect/Engineer
shall apply to the Owner-designated Architect/Engineer representative and the Owner-
designated Architect/Engineer representative shall be accorded that same status by the
Prime Contractor.
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(b) In the event the Architect/Engineer is an outside person or firm and the
Architect/Engineer's employment is terminated, the Owner may, at its option, contract with
a new outside Architect/Engineer to replace the former, or may designate a qualified Owner
representative to serve as the Architect/Engineer. The replacement Architect/Engineer,
whether an Owner representative, an independent Architect/Engineer or any other qualified
person or entity, shall be regarded as the Architect/Engineer for all purposes under the
Contract Documents and shall be accorded that same status by the Prime Contractor. Any
dispute in connection with such appointment shall be reviewed and settled by the Owner,
whose decision shall be final and binding.
(c) Owner reserves the right to appoint a representative empowered to act for the Owner during
the Construction Phase and to supersede the Architect/Engineer's Construction Phase
responsibility. Similarly, from time to time the Owner may expand or reduce the Owner's
delegation of powers to the Architect/Engineer, with the Owner notifying the Prime
Contractor of any such changes. The Architect/Engineer shall not be construed as a third
party beneficiary to the Contract and can in no way object to any expansion or reduction
of powers as set forth in this Subparagraph (c). In no event, however, shall the Owner have
control over charge of, or be responsible for, construction means, methods, techniques,
sequences, or procedures, or for safety precautions or programs in connection with the
Work since these are solely the Contractor's responsibility. The Owner will not be
responsible for the Prime Contractor's failure to carry out the Work in accordance with the
Contract Documents. The Owner will not have control over or charge of and will not be
responsible for acts or omissions of Prime Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the Work.
4.2 ARCHITECT/ENGINEER'S RESPONSIBILITIES DURING CONSTRUCTION
(a) The Architect/Engineer will administer the Contract as described in the Contract
Documents and in accordance with the terms of the Architect/Engineer's agreement with
the Owner, where applicable, subject to the direction and approval of the Owner. If
requested by the Prime Contractor, the provisions of the Owner/Architect/Engineer
Agreement will be made available to the Prime Contractor.
(b) The Architect/Engineer shall provide, during performance of the Work, adequate and
competent periodic on-site construction observation, periodically visiting the Project site
to the extent necessary to personally familiarize themselves with the progress and quality
of the Work, and to determine if the Work is proceeding in accordance with the Contract
Documents. The Architect/Engineer shall not, however, be required to make continuous
on-site inspections to check the Work Field reports of each visit shall be prepared by the
Architect/Engineer and submitted to the Owner. The Architect/Engineer shall employ all
reasonable measures to safeguard the Owner against defects and nonconformities in the
Work The Architect/Engineer shall not be responsible for the construction means,
methods, techniques, sequences of procedures, nor for the safety precautions and programs
employed in connection with the Work The Architect/Engineer will, however,
immediately inform the Owner whenever defects or nonconformities in the Work are
observed, or when any observed actions or omissions are undertaken by the Prime
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Contractor or any Subcontractor which are not in the best interests of the Owner or the
Proj ect.
(c) The Architect/Engineer and the Owner will not have control over or charge of and will not
be responsible for construction means, methods, techniques, sequences, or procedures, or
for safety precautions and programs in connection with the Work, since these are solely
the Prime Contractor's responsibility as provided in Paragraph 43. The Architect/Engineer
and the Owner will not be responsible for the Prime Contractor's failure to carry out the
Work in accordance with the Contract Documents. The Architect/Engineer and the Owner
will not have control over or charge of and will not be responsible for acts or omissions of
the Prime Contractor, Subcontractors, Sub-subcontractors, or their respective agents or
employees, or of any other persons performing portions of the Work for which the Prime
Contractor is responsible.
(d) Except as otherwise provided in the Contract Documents or when direct communications
have been specially authorized, the Owner and Prime Contractor shall endeavor to
communicate through the Architect/Engineer. Communications by and with the
Architect/Engineer's consultants shall be through the Architect/Engineer. Communications
by and with Subcontractors and material suppliers shall be through the Prime Contractor.
Communications by and with separate contractors will be through the Owner. The Prime
Contractor shall provide written confirmation of communications made directly with the
Owner and provide copies of such confirmation to the Architect/Engineer.
(e) Based on the Architect/Engineer's observations and evaluations of the Prime Contractor's
Applications for Payment, the Architect/Engineer will review and certify the amounts due
the Prime Contractor and will issue Certificates for Payment in such amounts.
(f) The Architect/Engineer and the Owner will each have authority to reject Work which does
not conform to the Contract Documents. Whenever the Architect/Engineer considers it
necessary or advisable for implementation of the intent of the Contract Documents, the
Architect/Engineer will have authority to require additional inspection or testing of the
Work in accordance with Subparagraphs 3.17(b) and 3.17(c), whether or not such Work is
fabricated, installed or completed. However, neither this authority of the
Architect/Engineer nor a decision made in good faith either to exercise or not to exercise
such authority shall give rise to any duty or responsibility of the Architect/Engineer to the
Prime Contractor, Subcontractors, material and equipment suppliers, their agents or
employees, or other persons performing portions of the Work.
(g) The Architect/Engineer will review and approve or take other appropriate action upon the
Prime Contractor's submittals such as Shop Drawings, Product Data, and Samples, but
only for the limited purpose of checking for conformance with information given and the
design concept expressed in the Contract Documents. The Architect/Engineer's action will
be taken with such reasonable promptness as to not delay the Work or the activities of the
Owner, Contractor, or separate contractors. Review of such submittals is not conducted for
the purpose of determining the accuracy and completeness of other details such as
dimensions and quantities, or for substantiating instructions for installation or performance
of equipment or systems, all of which remain the responsibility of the Prime Contractor as
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required by the Contract Documents. The Architect/Engineer's review of the Prime
Contractor's submittals shall not relieve the Prime Contractor of any obligations under
Paragraphs 3.3, 3.5, and 3.12. The Architect/Engineer's review shall not constitute
approval of safety precautions or, unless otherwise specifically stated in writing by the
Architect/Engineer, of any construction means, methods, techniques, sequences, or
procedures. The Architect/Engineer's approval of a specific item shall not indicate
approval of an assembly of which the item is a component.
(h) The Architect/Engineer will prepare Change Orders and may authorize minor changes in
the Work as provided in Paragraph 73.
(i) The Architect/Engineer will conduct inspections to determine the date or dates of
Substantial Completion and the date of final completion, will receive and forward to the
Owner for the Owner's review and records written warranties and related documents
required by the Contract and assembled by the Prime Contractor, and will issue a final
Certificate for Payment upon compliance with the requirements of the Contract
Documents.
(j) If the Owner and Architect/Engineer agree, the Architect/Engineer will provide one or
more Project representatives to assist in carrying out the Architect/Engineer's
responsibilities at the site. The duties, responsibilities, and limitations of authority of such
Project representatives shall be as set forth in an exhibit to be incorporated into the Contract
Documents.
(k) The Architect/Engineer will interpret and make recommendations to the Owner concerning
performance under and requirements of the Contract Documents upon written request of
either the Owner or Contractor. The Architect/Engineer's response to such requests will be
made with reasonable promptness and within any time limits agreed upon. The
Architect/Engineer shall secure the Owner's written approval before issuing instructions,
interpretations, or judgments to the Prime Contractor which change the scope of the Work
or which modify or change the terms and conditions of any of the Contract Documents.
(1) Interpretations and decisions of the Architect/Engineer will be consistent with the intent of
and reasonably inferable from the Contract Documents and will be in writing or in the form
of Drawings. When making such interpretations and decisions, the Architect/Engineer will
endeavor to secure faithful performance by the Prime Contractor.
(m)The Architect/Engineer's decisions on matters relating to aesthetic effect will be final if
consistent with the intent expressed in the Contract Documents; provided that the
Architect/Engineer has the prior written approval of the Owner.
4.3 CLAIMS AND DISPUTES
(a) Definition; General Notice of Claim Procedure. As used in these General Conditions, a
"Claim" means a demand or assertion by one of the parties to the Contract seeking an
adjustment of the terms of the Contract Documents, of the Contract Sum, of the Contract
Time, or some other relief in respect to the terms of the Contract Documents. The term also
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includes all other disputes between the Owner and the Contractor arising out of or relating
to the Project or the Contract Documents, including but not limited to claims that work was
outside the scope of the Contract Documents. The responsibility to substantiate the Claim
and the burden of demonstrating compliance with this provision shall rest with the party
making the Claim. Except where otherwise provided in the Contract Documents, a Claim
by the Prime Contractor, whether for additional compensation, additional time, or other
relief, including but not limited to claims arising from concealed conditions, WITHOUT
EXCEPTION, MUST BE MADE BY WRITTEN NOTICE TO THE
ARCHITECT/ENGINEER AND TO THE OWNER WITHIN FOURTEEN (14) DAYS
IMMEDIATELY AFTER OCCURRENCE OF THE EVENT OR EVENTS GNING
RISE TO THE PARTICULAR CLAIM. Every Claim of the Prime Contractor, whether for
additional compensation, additional time, or other relief, including but not limited to claims
arising from concealed conditions, shall be signed and sworn to by an authorized corporate
officer (if not a corporation, then an official of the company authorized to bind the Prime
Contractor by his signature) of the Prime Contractor, verifying the truth and accuracy of
the Claim. THE PRIME CONTRACTOR SHALL BE CONCLUSNELY DEEMED TO
HAVE WANED ANY CLAIM NOT MADE STRICTLY IN ACCORDANCE WITH
THE PROCEDURES AND TIME LIMITS SET OUT IN THIS PARAGRAPH.
(b) Referral to the Architect/Engineer. Claims, disputes, and other matters in question between
the Prime Contractor and the Owner relating to the progress or execution of the Work or
the interpretation of the Contract Documents shall be referred to the Architect/Engineer for
recommendation to the Owner, which recommendation the Architect/Engineer will furnish
in writing within a reasonable time, provided proper and adequate substantiation has been
received. Failure of the Prime Contractor to submit the Claim to the Architect/Engineer for
rendering of a recommendation to the Owner shall constitute a waiver of the Claim.
(c) Continuing Contract Performance. Pending final resolution of a claim the Prime Contractor
shall proceed diligently with performance of the Work and the Owner shall continue to
make payments in accordance with the Contract Documents.
(d) Claims for Concealed or Unknown Conditions. No adjustment in the Contract Sum or Time
associated with concealed or unknown conditions will normally be considered or allowed;
provided, however, that the Contract Sum or Time may be adjusted by the Owner in such
circumstances only if:
(1) a concealed subsurface condition is encountered in the course of performance of the
Work;
(2) a concealed or unknown condition in an existing structure is at variance with conditions
indicated by the Contract Documents; or
(3) an unknown physical condition is encountered below the surface of the ground or in an
existing structure which is of an unusual nature and materially different from those
ordinarily encountered and generally recognized as inherent in the character of the
Work; and
(4) a notice of claim with proper and adequate substantiation is presented pursuant to
Subparagraph 43(a) of these General Conditions; and
(5) the Owner and the Architect/Engineer determine that:
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(i) prior to submitting its bid for the Work, the Contractor used reasonable diligence to
fully inspect the portion of the Project site where the condition was discovered; and
(ii) the work caused or required by the concealed or unknown condition at issue can be
considered extra work to the extent that additional new Drawings must be prepared and
issued and new construction beyond the scope of the Contract Documents is required.
(e) Disclaimer of Warranties as to Reports, Drawings, and Specifications. PROJECT SITE
INFORMATION AND REPORTS (INCLUDING BUT NOT LIMITED TO SOII,S
TESTING REPORTS, GEOTECHNICAL REPORTS, OR ENVIIZONMENTAL SITE
ASSESSMENTS) PROVIDED BY THE OWNER AND THE ARCHITECT/ENGINEER
IN THE PROJECT MANUAL OR BY OTHER MEANS SHALL BE UTILIZED BY THE
PRIME CONTRACTOR AT THE PRIME CONTRACTOR' S OWN RISK. THE
OWNER AND THE ARCHITECT/ENGINEER DO NOT GUARANTEE OR
WARRANT ANY 1NFORMATION SHOWN 1N THE PROJECT SITE 1NFORMATION
AND REPORTS.
(f) Claims for Additional Cost. If the Prime Contractor wishes to make a claim for an increase
in the Contract Sum, written notice as provided in this Paragraph 43 shall be given before
proceeding to execute the Work Prior notice is not required for claims relating to an
emergency endangering life or property arising under Paragraph 103. In addition, the
Prime Contractor's request for an increase in the Contract Sum for any reason (other than
work performed under emergency conditions) shall be made far enough in advance of
required work to allow the Owner and the Architect/Engineer a sufficient amount of time,
without adversely affecting the construction schedule, to review the request, prepare and
distribute such additional documents as may be necessary to obtain suitable estimates or
proposals and to negotiate, execute and distribute a Change Order for the required work if
the Prime Contractor believes that additional cost is involved for reasons including but not
limited to:
(1) a written interpretation from the Architect/Engineer;
(2) a written order for a minor change in the Work issued by the Architect/Engineer;
(3) failure of payment by the Owner;
(4) termination of the Contract by the Owner;
(5) the Owner's temporary suspension of all or any portion of the Work where the Prime
Contractor was not at fault; or
(6) other reasonable grounds.
(g) Injury or Damage to Person or Property. If the Prime Contractor suffers injury or damages
to person or property because of an act or omission of the Owner, or of any of the Owner's
officers, employees or agents, written, sworn-to notice of any claim for damages or injury
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shall be given as provided in Subparagraph 4.3(a). The notice shall provide sufficient detail
to enable the Architect/Engineer and the Owner to investigate the matter.
(h) Subcontractor Pass-Through Claims. In the event that any Subcontractor of the Prime
Contractor asserts a claim to the Prime Contractor, that the Prime Contractor seeks to pass
through to the Owner under the Contract Documents, any entitlement of the Prime
Contractor to submit and assert the claim against the Owner shall be subject to:
(1) the requirements of Paragraph 43 of these General Conditions; and
(2) the following additional three requirements listed below, all three of which additional
requirements shall be conditions precedent to the entitlement of the Prime Contractor
to seek and assert such claim against the Owner:
(ii) The Prime Contractor shall either (A) have direct legal liability as a matter of
contract, common law, or statutory law to the Subcontractor for the claim that the
Subcontractor is asserting or (B) the Prime Contractor shall have entered into a written
liquidating agreement with the Subcontractor, under which agreement the Prime
Contractor has agreed to be legally responsible to the Subcontractor for pursuing the
assertion of such claim against the Owner under the Contract and for paying to the
Subcontractor any amount that may be recovered, less Prime Contractor's included
markup (subject to the limits in the Contract Documents for any markup). The liability
or responsibilities shall be identified in writing by the Prime Contractor to the Owner
at the time such claim is submitted to Owner, and a copy of any liquidating agreement
shall be included by the Prime Contractor in the claim submittal materials.
(ii) The Prime Contractor shall have reviewed the claim of the Subcontractor prior to
its submittal to Owner and shall have independently evaluated such claim in good faith
to determine the extent to which the claim is believed in good faith to be valid. The
Prime Contractor shall also certify, in writing and under oath to the Owner, at the time
of the submittal of such claim, that the Prime Contractor has made a review, evaluation,
and determination that the claim is made in good faith and is believed by the Contractor
to be valid.
(iii) The Subcontractor making the claim to the Prime Contractor shall certify in writing
and under oath that it has compiled, reviewed and evaluated the merits of such claim
and that the claim is believed in good faith by the Subcontractor to be valid. A copy of
the certification by the Subcontractor shall be included by Prime Contractor in the claim
submittal materials made by Contractor to the Owner..
(3) Any failure of the Prime Contractor to comply with any of the foregoing requirements
and conditions precedent with regard to any such claim shall constitute a waiver of any
entitlement to submit or pursue such claim against Owner.
(4) Receipt and review of a claim by the Owner under this Subparagraph shall not be
construed as a waiver of any defenses to the claim available to the Owner under the
Contract Documents or by applicable law.
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(i) Owner's Right to Order Acceleration and to Deny Claimed and Appropriate Time
Extensions, in Whole or in Part. The Prime Contractor acknowledges and agrees that
Substantial Completion of the Work by or before the Scheduled Completion Date is of
substantial importance to Owner. The following provisions, therefore, will apply:
(1) If the Prime Contractor falls behind the approved construction schedule for
whatever reason, the Owner shall have the right, in the Owner's sole discretion, to
order the Prime Contractor to develop a recovery schedule as described in
Paragraph 3.10 or to accelerate its progress in such a manner as to achieve
Substantial Completion on or before the Contract Time completion date or such
other date as the Owner may reasonably direct and, upon receipt, the Prime
Contractor shall take all action necessary to comply with the order. In such event,
any possible right, if any, of the Prime Contractor to additional compensation for
any acceleration shall be subject to the terms of this Subparagraph (i).
(2) In the event that the Prime Contractor is otherwise entitled to an extension of
Contract Time and has properly initiated a Claim for a time extension in accordance
with Subparagraph 4.3(a) above, the Owner shall have the right, in the Owner's
sole discretion, to deny all, or any part, of the Claim for extension of Contract Time
by giving written notice to the Prime Contractor provided within fourteen (14) days
after receipt of the Prime Contractor's Claim. If the Owner denies the Prime
Contractor's claim for an extension of Contract Time under this Clause (i)(2), either
in whole or in part, the Prime Contractor shall proceed to prosecute the Work in
such a manner as to achieve Substantial Completion on or before the then existing
Scheduled Completion Date.
(3) If the Prime Contractor would have been entitled to a time extension for a reason
specifically allowed under the Contract Documents, for an amount of time that
would have justified approval by the Owner if not for the need and right to
accelerate, the Prime Contractor may initiate a Claim for acceleration costs
pursuant to Subparagraph 4.3(a). Any resulting Claim for acceleration costs
properly initiated by the Prime Contractor under Subparagraph 4.3(a) above shall
be limited to those reasonable and documented direct costs of labor, materials,
equipment, and supervision solely and directly attributable to the actual
acceleration activity necessary to bring the Work back within the then existing
approved construction schedule. These direct costs include the premium portion of
overtime pay, additional crew, shift, or equipment costs if requested in advance by
the Contractor and approved in writing by the Owner. A percentage markup for the
prorated cost of premium on the existing performance and payment bonds and
required insurance; provided however, not to exceed five (5%) per cent, will be
allowed on the claimed acceleration costs. NO OTHER MARKUP FOR PROFIT,
OVERHEAD (INCLUDING BUT NOT LIMITED TO HOME OFFICE
OVERHEAD) OR ANY OTHER COSTS WII,L BE ALLOWED ON ANY
ACCELERATION CLAIM. The Owner shall not be liable for any costs related to
an acceleration claim other than those described in this Clause (i)(3).
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(i) Waiver of Claims; Final Payment. The making of final payment shall constitute a waiver
of claims by the Owner except those arising from:
(1) claims, security interests, purported liens, or other attempted encumbrances arising out
of the Contract and remaining unsettled;
(2) defective or nonconforming Work appearing after Substantial Completion;
(3) latent defects, as defined in Subparagraph 12.2(d), appearing after Final Completion;
or
(4) the terms of general and special warranties required by the Contract Documents or
allowed or implied by law.
(k) THE CONTRACTOR SHALL NOT BE ENTITLED TO RECOVER ATTORNEY' S
FEES AS A PART OF ANY CLAIM MADE UNDER THE CONTRACT DOCUMENTS
OR IN ANY SUBSEQUENT LAWSUIT OR ALTERNATNE DISPUTE RESOLUTION
PROCEEDING.
(1) No Waiver of Governmental Immunity. NOTHING IN THE CONTRACT DOCUMENTS
SHALL BE CONSTRUED TO WAIVE THE OWNER' S GOVERNNIENTAL
IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO
THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WANED BY
APPLICABLE STATE LAW.
ARTICLE 5 - SUBCONTRACTORS
51 DEFINITIONS OF SUBCONTRACTOR
(a) A Subcontractor is person or entity who has a direct Contract with the Prime Contractor to
perform a portion of the Work at the Project site or to supply materials or equipment to the
Prime Contractor by purchase or lease for use in performance of or incorporation into the
Work The term "Subcontractor" is referred to throughout the Contract Documents as if
singular in number and means a Subcontractor or an authorized representative of the
Subcontractor. The term "Subcontractor" does not include a separate contractor or
subcontractors of a separate contractor.
(b) A Sub-subcontractor is a person or entity who has a direct or indirect Contract with a
Subcontractor to perform a portion of the Work at the Project site or to supply materials or
equipment to the Subcontractor or another Sub-subcontractor by purchase or lease for use
in performance of or incorporation into the Work The term "Sub-subcontractor" is referred
to throughout the Contract Documents as if singular in number and means a Sub-
subcontractor or an authorized representative of the Sub-subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF
THE WORK
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(a) Immediately after the award of the Contract by the Owner, and before the Building
Construction Services Agreement is signed by the Prime Contractor and the Owner, the
Prime Contractor shall furnish to the Architect/Engineer in writing, for acceptance by the
Owner and the Architect/Engineer, a list of the names, addresses, telephone numbers,
M/WBE certification numbers (where applicable), and type of work of the Subcontractors
(including those who are to furnish materials or equipment fabricated to a special design),
proposed for the principal portions of the Work, including furnishings when made a part
of the Contract. The Prime Contractor shall immediately notify the Owner in writing of
any changes in the list as they occur. The Architect/Engineer will promptly reply to the
Contractor in writing stating whether or not the Owner or the Architect/Engineer, after due
investigation, has reasonable objection to any such proposed person or entity. Failure of
the Owner or Architect/Engineer to reply promptly shall constitute notice of no reasonable
obj ection.
(b) The Prime Contractor shall not Contract with a proposed person or entity to whom the
Owner or Architect/Engineer has made reasonable and timely obj ection.
(c) Architect/Engineer's and Owner's approval of or objection to any Subcontractor or of a
particular process or material will not relieve the Prime Contractor of his responsibility for
performance of Work as called for under the Contract Documents, and shall not provide a
basis for any claim for additional time or money on the part of the Prime Contractor.
Approval shall not be construed to create any contractual relationship between the
Subcontractor and either the Owner or Architect/Engineer. In no event shall the Contract
Sum be increased as a result of the rejection of any Subcontractor.
(d) The Prime Contractor shall not change a Subcontractor previously selected if the Owner or
Architect/Engineer makes reasonable objection to such change.
5.3 SUBCONTRACTUAL RELATIONS
(a) By appropriate agreement, written where legally required for validity, the Prime Contractor
shall require each Subcontractor, to the extent of the Work to be performed by the
Subcontractor, to be bound to the Prime Contractor by the terms of the Contract Documents
(including but not limited to these General Conditions), and to assume toward the Prime
Contractor all the obligations and responsibilities which the Prime Contractor, by the
Contract Documents, assumes toward the Owner and the Architect/Engineer. Each
subcontract agreement shall preserve and protect the rights of the Owner and the
Architect/Engineer under the Contract Documents (including but not limited to these
General Conditions) with respect to the Work to be performed by the Subcontractor so that
subcontracting will not prejudice the rights of the Owner and the Architect/Engineer.
Where appropriate, the Prime Contractor shall require each Subcontractor to enter into
similar agreements with Sub-subcontractors. The Prime Contractor shall make available to
each proposed Subcontractor, prior to the execution of the subcontract agreement, copies
of the Contract Documents to which the Subcontractor is to be bound. Subcontractors shall
similarly make copies of applicable portions of such Documents available to their
respective proposed Sub-subcontractors.
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(b) The Prime Contractor is solely responsible for making payments properly to the Prime
Contractor's Subcontractors on the Project. During performance of the Work, the Prime
Contractor shall comply with the following additional rules regarding Subcontractor
payments:
(1) The Prime Contractor shall submit, beginning with the Second Application and
Certificate for Payment, a Subcontractor Payment Report (the "Report") with each
Application and Certificate for Payment. The Report shall show all payments made to
date by the Prime Contractor (plus existing retainage) to each Subcontractor involved
in the Project. The Report shall be made on a form approved and supplied by the Owner.
As an alternative to the Report, the Prime Contractor may furnish Affidavits of
Payment Received with the Application and Certificate for Payment, which affidavits
shall be executed by each Subcontractor owed money and paid by Subcontractor during
the previous progress payment period for work or materials furnished on the Project.
RECEIl'T BY THE OWNER OF THE REPORT OR AFFIDAVITS OF PAYMENT
RECENED SHALL BE A CONDITION PRECEDENT TO PAYMENT ON ANY
APPLICATION FOR PAYMENT .
(2) If, for any reason, the Prime Contractor is withholding payment to a Subcontractor due
to a dispute or other problem with performance, the Prime Contractor shall note the
amount withheld and further note that the payment is in dispute. The Owner may, in its
sole discretion, require the Prime Contractor to document and verify the dispute or
other problem in question.
(3) The Owner reserves the right in its sole discretion, to withhold payment to the Prime
Contractor pursuant to Paragraph 9.5(a) of the General Conditions, should it appear
from the Report, statements of payment received or other information furnished to the
Owner that:
(i) the Report has not been properly completed;
(ii) the Prime Contractor has knowingly provided false information regarding payment
of any Subcontractor; or
(iii) the Prime Contractor has otherwise failed to make payments properly to any
Subcontractor.
(4) THE PRIME CONTRACTOR SHALL NOT HAVE ANY RIGHT TO MAKE A
CLAIM FOR ADDITIONAL TIME OR ADDITIONAL COMPENSATION AS A
RESULT OF THE OWNER'S OR ARCHITECT/ENGINEER'S ENFORCEMENT OF
THIS SUBPARAGRAPH 5.3(b). NO PROVISION OF THIS SUBPARAGRAPH OR
ANY OF THE CONTRACT DOCUMENTS SHALL BE CONSTRUED TO CREATE
A CONTRACTUAL RELATIONSHIl', EXPRESS OR IMPLIED, BETWEEN ANY
SUBCONTRACTOR AND EITHER THE OWNER OR THE
ARCHITECT/ENGINEER AND SHALL NOT BE CONSTRUED TO MAKE ANY
SUBCONTRACTOR OR ANY OTHER PERSON OR ENTITY, A THIIZD-PARTY
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BENEFICIARY OF THE CONTRACT BETWEEN THE OWNER AND THE PRIME
CONTRACTOR.
5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
In the event of a termination of this Contract by the Owner under Article 14, the Prime
Contractor shall, if requested in writing by the Owner, within fifteen (15) days after the
date notice of termination is sent, deliver and assign to Owner, or any person or entity
acting on the Owner's behalf, any or all subcontracts made by Prime Contractor in the
performance of the Work, and deliver to the Owner true and correct originals and copies
of the subcontract documents. In the event assignment is not requested by the Owner, Prime
Contractor shall terminate all subcontracts to the extent that Owner has not directed
assignment of same and to the extent that they relate to the performance of Work terminated
by the notice of termination.
ARTICLE 6- CONSTRUCTION BY THE OWNER/ SEPARATE CONTRACTORS
6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE
CONTRACTS
(a) The Owner reserves the right to perform construction or operations related to the Project
with the Owner's own forces, and to award separate contracts in connection with other
portions of the Project or other construction or operations on the Project site under
Conditions of the Contract identical or substantially similar to these General Conditions,
including those portions related to insurance and waiver of subrogation. If the Prime
Contractor claims that delay or additional cost is involved because of such action by the
Owner, the Prime Contractor shall make a claim as provided elsewhere in, and in
accordance with the Contract Documents.
(b) When separate Contracts are awarded for different portions of the Project or other
construction or operations on the Proj ect site, the term "Contractor" in the Contract
Documents in each case shall mean the Contractor who executes each separate Building
Construction Services Agreement with the Owner.
(c) The Owner shall provide for coordination of the activities of the Owner's own forces and
of each separate contractor with the Work of the Prime Contractor, who shall cooperate
with them. The Prime Contractor shall participate with other separate contractors and the
Owner in reviewing their construction schedules when directed to do so. The Prime
Contractor shall, with the approval of the Owner, make any revisions to the construction
schedule deemed necessary after a joint review and mutual agreement. The construction
schedules shall then constitute the schedules to be used by the Prime Contractor, separate
contractors, and the Owner until subsequently revised by mutual agreement or by written
Change Order. If the Prime Contractor believes it is entitled to an adjustment of the
Contract Sum under the circumstances, the Prime Contractor shall submit a written
proposal for a Change Order pursuant to Article 7 of the General Conditions. In the event
the Prime Contractor's Change Order proposal is denied by the Owner, the Prime
Contractor must submit any Claim pursuant to Paragraph 43 of the General Conditions.
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(d) Unless otherwise provided in the Contract Documents, when the Owner performs
construction or operations related to the Project with the Owner's own forces, the Owner
shall be deemed to be subject to the same obligations and to have the same rights which
apply to the Prime Contractor under these General Conditions, including, without
excluding others, those stated in Article 3, this Article 6, and Articles 10, 11 and 12.
6.2 MUTUAL RESPONSIBILITY
(a) The Prime Contractor shall afford the Owner and separate contractors' reasonable
opportunity for access to and storage of their materials and equipment and the performance
of their activities and shall coordinate the Prime Contractor's construction and operations
with the separate contractors as required by the Contract Documents.
(b) If part of the Prime Contractor's Work depends for proper execution or results upon
construction or operations by the Owner or a separate contractor, the Prime Contractor
shall, prior to proceeding with that portion of the Work, promptly report to the
Architect/Engineer apparent discrepancies or defects in the other construction that would
render it unsuitable for proper execution and results. Failure of the Prime Contractor to so
report shall constitute an acknowledgment that the Owner's or separate contractors
completed or partially completed construction is fit and proper to receive the Prime
Contractor's Work, except as to defects not then reasonably discoverable.
(c) The Owner shall not be liable to the prime Contractor for damages suffered by the Prime
Contractor due to the fault or negligence of a separate contractor or through failure of a
separate contractor to carry out the directions of the Owner or the Architect/Engineer.
Should any interference occur between the Prime Contractor and a separate contractor, the
Architect/Engineer or the Owner may furnish the Prime Contractor with written
instructions designating priority of effort or change in methods, whereupon the Prime
Contractor shall immediately comply with such direction. In such event, the Prime
Contractor shall be entitled to an extension of the Contract Time only for unavoidable
delays verified by the Architect/Engineer; no increase in the Contract Sum, however, shall
be due to the Prime Contractor.
(d) The Prime Contractor shall promptly remedy damage wrongfully caused by the Prime
Contractor to completed or partially completed construction or to property of the Owner or
separate contractors as provided in Subparagraph 10.2(e).
(e) Should the Prime Contractor cause damage to the work or property of any separate
contractor on the Proj ect, the Prime Contractor shall, upon due notice, settle with the
separate contractor by agreement, if the separate contractor will so settle. If the separate
contractor sues the Owner or submits a claim on account of any damage alleged to have
been so sustained, the Owner shall notify the Prime Contractor who shall defend such
proceedings, at the Prime Contractor's sole expense, and if any judgment or award against
the Owner arises from the separate contractor's claim, the Prime Contractor shall fully pay
or satisfy it and shall reimburse the Owner for any and all attorney's fees and costs which
the Owner has incurred.
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(f) The Owner and each separate contractor shall have the same responsibilities for cutting
and patching as are described for the Prime Contractor in Paragraph 3.14.
6.3 OWNER'S RIGHT TO CLEAN UP
If a dispute arises among the Contractor, separate contractors and the Owner as to the
responsibility under their respective contracts for maintaining the Project Site and surrounding
area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may
clean up, but is not obligated to do so, and Owner shall allocate the cost among those parties
responsible, as the Architect/Engineer recommends to be just.
ARTICLE 7 - AMENDMENTS
71 CHANGE ORDERS
(a) A Change Order is a written order to the Contractor, signed by the Owner and the
Architect/Engineer, issued after execution of the Contract, authorizing a change in the
Work, an adjustment in the Contract Sum, or an adjustment to the Contract Time, consistent
with other applicable provisions of this Contract. The Owner, without invalidating the
Contract and without requiring notice of any kind to the sureties, may order changes to the
scope of Work under the Contract by additions, deletions, or other revisions, the Contract
Sum and Contract Time to be adjusted consistent with other applicable provisions of this
Contract. All Change Orders shall be executed on a Change Order form approved by the
Owner and the Owner's City Attorney.
(b) In addition to the Owner and the Architect/Engineer, the Contractor shall sign all Change
Orders to verify and confirm the terms and conditions established by Change Order;
however, should the Contractor refuse to sign a Change Order, this shall not relieve him of
his obligation to perform the change directed by the Owner and the Architect/Engineer to
the best of his ability in accordance with the provisions of this Article 7. A Change Order
signed by the Contractor indicates his agreement with all of the changes approved,
including the adjustment in the Contract Sum or the Contract Time. EACH CHANGE
ORDER SHALL BE SPECIFIC AND FINAL AS TO PRICES AND EXTENSIONS OF
TIME, WITH NO RESERVATIONS OR OTHER PROVISIONS ALLOWING FOR
FUTURE ADDITIONAL MONEY OR TIME AS A RESULT OF THE PARTICULAR
CHANGES IDENTIFIED AND FULLY COMPENSATED IN THE CHANGE ORDER.
The execution of a Change Order by the Contractor shall constitute conclusive evidence of
the Contractor's agreement to the ordered changes in the Work The Contractor forever
releases any claim against the Owner for additional time or compensation for matters
relating to or arising out of or resulting from the Work included within or affected by the
executed Change Order. This release applies to claims related to the cumulative impact of
all Change Orders and to any claim related to the effect of a change on other Work.
(c) No extra work (except under emergency conditions) or changes shall be made nor shall
any substitutions, changes or additions to or omissions or deviations from the requirements
of the Drawings and Specifications be made unless pursuant to a written Change Order
signed by the Owner and the Architect/Engineer, it being expressly understood that the
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Owner shall not be liable for the cost of extra work or any substitution, change, addition,
omission or deviation from the requirements of the Drawings or Specifications unless the
same shall have been authorized in writing by the Owner and the Architect/Engineer in a
written change order or other Amendment. The provisions of this Paragraph 7.1 shall
control in the event of any inconsistency between such provisions and the other provisions
of this Article 7. See Subparagraph 10.3(a) of the General Conditions for Change Orders
under emergency conditions.
(d) The method of determining the cost or credit to the Owner for any change in the Work shall
be one of the following:
(1) mutual acceptance of a not-to-exceed lump-sum amount properly itemized and
supported by sufficient substantiating data to permit evaluation; or
(2) unit prices stated in the Contract Documents or subsequently agreed upon; or
(3) cost to be determined in a manner agreed upon by the parties and a mutually acceptable
fixed or percentage fee; or
(4) the forceaccount method provided in Subparagraph 71(e)
(e) If the parties cannot agree to one of the methods of calculating cost provided in Clauses (d)
(1), (d) (2), or (d) (3), or if the parties agree to a method but cannot agree on a final dollar
figure; or if the Contractor for whatever reason refuses to sign the Change Order in
question;the Contractor, provided he receives a written order signed by the Owner, shall
promptly proceed with the Work involved. The cost of the Work involved shall then be
calculated on the basis of the reasonable jobsite expenditures and savings of those
performing the Work attributable to the changes, including a reasonable allowance for
overhead and profit, such allowance in any case never to exceed fifteen (15%) per cent. In
such case, the Contractor shall keep an itemized accounting of the Work involved, on a
daily basis, in such form and with the appropriate supporting data as the Architect/Engineer
and Owner may prescribe. Sworn copies of the itemized accounting shall be delivered to
the Architect/Engineer each day during the performance of force account work, with copies
to the Owner.
FAILURE OF THE CONTRACTOR TO SUBMIT THE SWORN-TO ITEMIZED
ACCOUNTING DAILY AS REQUIIZED HEREIN SHALL CONSTITUTE A WANER
BY THE CONTRACTOR OF ANY RIGHT TO DISPUTE THE OWNER'S
DETERMINATION OF THE AMOUNT DUE THE CONTRACTOR FOR FORCE
ACCOLTNT WORK. Costs to be charged under this Subparagraph for force account work
are limited to the following:
(1) costs of labor, including social security, old age and unemployment insurance, fringe
benefits required by agreement or custom, and worker's compensation insurance;
(2) costs of materials, supplies and equipment (but not to include off-site storage unless
approved in writing by the Owner), whether incorporated or consumed;
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(3) rental costs of machinery and equipment, exclusive of hand tools, whether rented from
the Contractor or others;
(4) costs of premiums for all bonds and insurance related to the Work; and
(5) additional costs of supervision and field office personnel directly attributable to the
changed Work Pending final determination of cost to the Owner, payment of
undisputed amounts on force account shall be included on the Architect/Engineer's
Certificate of Payment as work is completed.
(f) The amount of credit to be allowed to the Owner for any deletion of Work or any other
change which results in a net decrease of the Contract Sum shall be the amount of actual
net cost confirmed by the Architect/Engineer plus the stated percentage for overhead and
profit. When both additions and deletions or credits covering related Work or substitutions
are involved in any one change, the allowance for overhead and profit shall be figured on
the basis of the net increase or decrease with respect to that change.
7.2 SUPPLEMENTAL AGREEMENTS
A written Supplemental Agreement can also be used to implement changes in the Work instead of
a Change Order form, including but not limited to situations involving partial occupancy of the
Work under Paragraph 9.8, a change made to the Drawings or the Specifications without an
increase in the Contract Sum, or special circumstances where it is necessary or more appropriate
for the Owner to use a Supplemental Agreement. Written Supplemental Agreements shall have a
status equal to that of Change Orders for purposes of priority of Contract Documents interpretation,
except that to the extent of a conflict, later Supplemental Agreements in time control over earlier
Supplemental Agreements, and the latest Change Order or Supplemental Agreement in time
controls over earlier dated Change Orders and Supplemental Agreements. The rules of
Subparagraphs 71(b) through (f) shall also apply to the negotiation and execution of Supplemental
Agreements.
7.3 MINOR CHANGES IN THE WORK
The Architect/Engineer, after notifying the Owner, shall be authorized to order minor changes
in the Work not involving an adjustment in the Contract Sum or an extension of the Contract
Time and not inconsistent with the intent of the Contract Documents. Minor changes shall be
effected by written order, and shall be binding on the Owner and the Contractor. The
Contractor shall carry out such written orders promptly. These written orders shall not be
deemed to change or impact the Contract Sum or the Contract Time. Contractor shall have no
Claim for any minor change ordered to the Work under this Paragraph 7.3 unless the Contractor
submits its change proposal, prior to complying with the minor change ordered and in no event
later than ten (10) working days from the date the minor change was ordered, to the Owner for
approval.
7.4 TIME REQUIRED TO PROCESS AMENDMENTS
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(a) All of the Contractor's responses to proposal requests shall be accompanied by a complete,
itemized breakdown of costs. Responses to proposal requests shall be submitted
sufficiently in advance of the required work to allow the Owner and the Architect/Engineer
a minimum of thirty (30) calendar days after receipt by the Architect/Engineer to review
the itemized breakdown and to prepare or distribute additional documents as may be
necessary. All of the Prime Contractor's responses to proposal requests shall include a
statement that the cost described in the response represents the complete, total and final
cost and additional Contract Time associated with the extra work, change, addition to,
omission, deviation, substitution, or other grounds for seeking extra compensation under
the Contract Documents, without reservation or further recourse.
(b) All Amendments require approval by either the City Council or, where authorized by the
State law and City ordinance, by the City Manager pursuant to Administrative Action. The
approval process requires a minimum of forty-five (45) calendar days after submission to
the Owner in final form with all supporting data. Receipt of a submission by Owner does
not constitute acceptance or approval of a proposal, nor does it constitute a warranty that
the proposal will be authorized by City Council Resolution, Ordinance or Administrative
Action. THE TIME REQUIIZED FOR THE APPROVAL PROCESS SHALL NOT BE
CONSIDERED A DELAY AND NO EXTENSIONS TO THE CONTRACT TIME OR
INCREASE IN THE CONTRACT SUM WII,L BE CONSIDERED OR GRANTED AS
A RESULT OF THIS PROCESS. Pending the approval described above, the Contractor
will proceed with the work under a pending Amendment only if directed in writing by the
Owner.
ARTICLE 8 - CONTRACT TIME
81 DEFINITIONS
(a) Unless otherwise provided, the Contract Time is the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
(b) The date of commencement of the Work is the date established in the Notice to Proceed
from the Owner. The date of commencement shall not be postponed by the failure of the
Prime Contractor, or of persons or entities for whom the Prime Contractor is responsible
to act promptly to commence the Work If the Owner unreasonably delays the issuance of
the notice to proceed, through no fault of the Prime Contractor, the Prime Contractor shall
be entitled only to an equitable extension of the Contract Time; the Contract Sum shall
remain unchanged.
(c) The date of Substantial Completion is the date certified by the Architect/Engineer in
accordance with Paragraph 9.7.
(d) The term "day" as used in the Contract Documents shall mean a calendar day, beginning
and ending at 12:00 midnight, unless otherwise specifically defined by special provision.
8.2 PROGRESS AND COMPLETION
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(a) Time limits stated in the Contract Documents are of the essence of the Contract. By
executing the Building Construction Services Agreement, the Prime Contractor confirms
that the Contract Time is a reasonable period for performing the Work.
(b) The Prime Contractor shall not knowingly, except by agreement with or instruction of the
Owner in writing, prematurely commence operations on the Project site or elsewhere prior
to the effective date of insurance to be furnished by the Prime Contractor as required by
Article 1 l. The date of commencement of the Work shall not be changed by the effective
date of insurance required by Article 11.
8.3 DELAYS AND EXTENSIONS OF TIME
(a) If the Prime Contractor is delayed at any time in the progress of the Work by an act or
neglect of the Owner or Architect/Engineer, or of an employee of either, or of a separate
contractor employed by the Owner, or by changes ordered in the Work, or by labor
disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond
the Prime Contractor's control, or by delay authorized by the Owner pending a claim, or
by other causes which the Architect/Engineer determines may justify delay, then the
Contract Time shall be extended by Change Order for such reasonable time as the
Architect/Engineer and Owner may determine.
(b) Claims relating to Contract Time and time extensions shall be made in accordance with the
applicable provisions of Paragraph 4.3.
(c) No Damages for Delay. NOTWITHSTANDING ANY OTHER PROVISIONS OF THE
CONTRACT DOCUMENTS, INCLUDING THE GENERAL CONDITIONS, NO
ADNSTMENT SHALL BE MADE TO THE CONTRACT SUM AND THE PRIME
CONTRACTOR SHALL NOT BE ENTITLED TO CLAIM OR RECENE ANY
ADDITIONAL COMPENSATION AS A RESULT OF OR ARISING OUT OF ANY
DELAY, HINDRANCE, DISRUPTION, FORCE MAJEURE, IMPACT, OR
INTERFERENCE, INTENTIONAL OR UNINTENTIONAL, FORESEEN OR
UNFORESEEN, WHICH INCREASES THE TIME TO COMPLETE THE WORK,
INCLUDING BUT NOT LIMITED TO ANY DELAYS CAUSED IN WHOLE OR IN
PART BY THE ACTS, OMISSIONS, FAII,URES, NEGLIGENCE, OR FAULT OF THE
OWNER, THE ARCHITECT/ENGINEER, OR THE OWNER'S REPRESENTATNE,
AN EXTENSION OF THE CONTRACT TIME UNDER SUBPARAGRAPH 83(a)
BEING THE PRIME CONTRACTOR'S SOLE REMEDY.
(d) The Owner shall have the right to occupy, without prejudice to the right of either party,
any completed or largely completed portions of the structure or Work, notwithstanding the
fact that the Contract Time for completing all or a portion of the Work may not have
expired. Partial occupancy and use shall not be deemed as an acceptance of the Work taken
or used.
(e) The Prime Contractor shall promptly suspend the Work when either the Prime Contractor
or the Owner is ordered to do so by a court order from a court having lawful jurisdiction,
and the Prime Contractor will not be entitled to additional compensation by virtue of any
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delays resulting from the court order. The Prime Contractor will also not be liable to the
Owner for a delay caused in fact by the Work being suspended by a court order.
(f) The Architect/Engineer, with the consent of the Owner, shall have the authority to suspend
the Work, in whole or in part, for such period or periods as the Architect/Engineer deems
necessary due to unusual or severe weather conditions as are considered unfa�orable for
the suitable prosecution of the Work, or due to failure on the part of the Prime Contractor
to correct conditions considered unsafe for workmen or the general public. If it should
become necessary to stop the Work for an indefinite period, the Prime Contractor shall
store all materials in such a manner that they will not obstruct or impede the public
unnecessarily or become damaged in any way, and shall take every precaution to prevent
damage or deterioration of the Work performed. In cases of suspension of the Work under
this Subparagraph, the Prime Contractor shall also provide suitable drainage about the
Work and erect temporary structures where necessary. The Prime Contractor shall not
suspend the Work in whole or in part without written authority from the Architect/Engineer
or the Owner, and shall resume the Workpromptly when notified by the Architect/Engineer
or the Owner to resume operations.
(g) In the event of a delay that is the responsibility of the Prime Contractor or any of the
Subcontractors, for which the Prime Contractor is not entitled to a time extension under
the provisions of this Contract, the Owner may direct that the Work be accelerated by
means of overtime, additional crews or additional shifts, or resequencing. This acceleration
shall be at no cost to the Owner and will continue until the Contract Time is restored. In
the event of a delay for which the Prime Contractor is entitled to a time extension, as
determined by the Architect/Engineer, Owner may similarly direct acceleration and the
Prime Contractor agrees to perform same on the basis that the Prime Contractor will be
reimbursed only to the extent described in Subparagraph 43(i). THE PRIME
CONTRACTOR EXPRESSLY WANES ANY OTHER COMPENSATION
RESULTING FROM ACCELERATION, SUCH AS LOSS OF LABOR
PRODUCTNITY OR EFFICIENCY.
ARTICLE 9- PAYMENTS AND COMPLETION
91 CONTRACT SUM
The Contract Sum is stated in the Building Construction Services Agreement and, including
authorized adjustments, is the total amount of compensation payable by the Owner to the Prime
Contractor for the performance of the Work under the Contract Documents.
9.2 SCHEDULE OF VALUES
Before the first Application for Payment, the Prime Contractor shall submit to the
Architect/Engineer a schedule of values allocated to various portions of the Work, prepared in
such form and supported by such data to substantiate its accuracy as the Architect/Engineer
may require. This schedule, when approved by the Architect/Engineer and the Owner, shall be
used as a basis for the Prime Contractor's Application for Payment. The schedule of values
shall follow the trade division of the Specifications. Prime Contractor's Application for
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Payment shall be filed on the current version of AIA Form G702 (Application and Certificate
for Payment), as approved by the Owner.
9.3 APPLICATIONS FOR PAYMENT
(a) At least ten (10) days before the date established for each progress payment, the Prime
Contractor shall submit to the Architect/Engineer an itemized Application for Payment for
Work completed in accordance with the schedule of values. The Application shall be
notarized, if required, and supported by data substantiating the Prime Contractor's right to
payment as the Owner or Architect/Engineer may require, including but not limited to
copies of requisitions from Subcontractors and material suppliers, and reflecting the
applicable retainage as required in the Contract Documents. Prime Contractor's
Application for Payment shall also provide other supporting documentation as the Owner
or the other applicable provisions of the Contract Documents may require.
(b) Applications for Payment may not include requests for payment of amounts the Prime
Contractor does not intend to pay to a Subcontractor because of a good faith dispute, unless
the Prime Contractor complies with Clause 5.3(b) (2) of these General Conditions and the
Prime Contractor's Payment Bond Surety consents in writing to payment to the Prime
Contractor of the funds deemed to be in dispute.
(c) Unless otherwise provided in the Contract Documents, progress payments shall include
payment for materials and equipment delivered and suitably stored at the Project site for
subsequent incorporation into the Work within thirty (30) days after delivery to the Project
site. If approved in advance by the Owner, payment may similarly be made for materials
and equipment suitably stored away from the Project site at a location agreed upon in
writing. Payment for costs incurred in storage of materials or equipment away from the
Project site will NOT be made by Owner unless:
(1) the Owner has given prior approval of such off-site storage in writing;
(2) the materials or equipment are stored in a bonded warehouse located in Denton County
and identified with the Project for which they are stored, as evidenced by warehouse
receipts and appropriate documents of title; and
(3) the materials or equipment stored off-site will be incorporated into the Work within
thirty (30) days after delivery. STORAGE IN FACILITIES OF THE
MANUFACTURER OR THE PRIME CONTRACTOR WII,L NOT BE
PERMITTED OR PAID FOR, UNLESS THE OWNER HAS EXPRESSLY GNEN
PRIOR APPROVAL OF SUCH STORAGE IN WRITING.
(d) The Prime Contractor warrants that title to all Work covered by an Application for Payment
will pass to the Owner no later than the time of payment. The Prime Contractor further
warrants that upon submittal of an Application for Payment all Work for which Certificates
for Payment have been previously issued and payments received from the Owner shall be
free and clear of liens, claims, security interests or encumbrances in favor of the Prime
Contractor, Subcontractors, material suppliers, or other persons or entities making a claim
by reason of having provided labor, materials, and equipment relating to the Work.
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(e) All materials or equipment delivered to the Project site earlier than thirty (30) days prior to
an approved schedule for delivery to the Project site shall be classified as an "early
delivery." All early delivery materials or equipment must have the express written
permission of the Owner to be stored on the Project site. If any unauthorized early delivery
occurs, Prime Contractor shall, at Prime Contractor's expense or at the expense of the
responsible Subcontractor or Supplier, cause such early delivery to be removed from the
Project site and stored off-site until required at the Project site. All costs of labor,
transportation and storage will be included as part of the expense. If the Prime Contractor
fails or refuses to remove unauthorized early delivery materials, the Owner may cause such
materials to be removed at the Prime Contractor's sole expense, and amounts may be
withheld from the Prime Contractor's Application for Payment to reimburse the Owner for
any costs incurred in removing unauthorized early delivery materials. OWNER WII,L
NOT BE RESPONSIBLE FOR THE PROTECTION OF OR RISK OF LOSS ON ANY
EARLY DELNERY MATERIALS OR EQUIl'MENT, NOR WII,L OWNER BE
LIABLE FOR ANY PAYMENT FOR THE EARLY DELNERY MATERIALS OR
EQUIl'MENT. Any materials or equipment classified as early delivery will not be
approved for payment as stored materials prior to thirty (30) days before the incorporation
of the materials or equipment into the Work, unless storage and payment at an earlier date
is expressly approved in writing by the Owner.
(f) If the Contract Sum is equal to or less than $25,000, and if performance and payment bonds
are not furnished by the Contractor, then no payment applied for will be payable under the
Contract until the Work has been finally completed and accepted.
9.4 CERTIFICATES FOR PAYMENT
(a) The Architect/Engineer will, within ten (10) days after receipt of the Prime Contractor's
Application for Payment, either issue to the Owner a Certificate for Payment, with a copy
to the Prime Contractor, for such amount as the Architect/Engineer determines is properly
due, or notify the Prime Contractor and Owner in writing of the Architect/Engineer's
reasons for withholding certification in whole or in part as provided in:
(a) City of Denton "General Conditions for Building Construction."
(b) Subparagraph 9.5(a). The Certificate for Payment shall be issued on the current version of
AIA Form G702 (Application and Certificate for Payment) as approved by the Owner.
(c) The issuance of a Certificate for Payment will constitute a representation by the
Architect/Engineer to the Owner, based on the Architect/Engineer's observations at the site
and the data comprising the Application for Payment, that the Work has progressed to the
point indicated and that, to the best of the Architect/Engineer's knowledge, information
and belief, quality of the Work is in accordance with the Contract Documents. The
foregoing representations are subject to an evaluation of the Work for conformance with
the Contract Documents upon Substantial and Final Completion, to results of subsequent
tests and inspections, to minor deviations from the Contract Documents correctable prior
to Final Completion and to specific qualifications expressed by the Architect/Engineer.
The issuance of a Certificate for Payment will further constitute a representation that the
Prime Contractor is entitled to payment in the amount certified, subject to the Owner's
approval. The issuance of a Certificate for Payment is not a representation that the
Architect/Engineer has:
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(1) made exhaustive or continuous on-site inspections to check the quality or quantity of
the Work;
(2) reviewed construction means, methods, techniques, sequences or procedures;
(3) reviewed copies of requisitions received from Subcontractors and material suppliers
and other data requested by the Owner to substantiate the Prime Contractor's right to
payment; or
(4) made examination to ascertain how or for what purpose the Prime Contractor has used
money previously paid on account of the Contract Sum.
(d) Whenever the Application for Payment for Work done since the last previous Application
for Payment exceeds one hundred dollars ($100.00) in amount, Owner will pay a
percentage of the Application, less applicable retainage, to the Prime Contractor within
thirty (30) days following Owner's receipt and approval of the Certificate for Payment
certified by the Architect/Engineer. The Application may include acceptable nonperishable
materials delivered to the Work or stored as provided for in Paragraph 93(c) and the
payment will be allowed on the net invoice value, less taxes and applicable retainage.
(e) The City is required to withhold five percent (5%) retainage for public works contracts in
which the total contract price estimate at the time of execution is more than $400,000;
however, this requirement is applied by the City for all public works contracts in excess of
$50,000. The retainage will be withheld by the Owner from each progress payment until
final completion of the Work by the Contractor, approval of final completion by the
Architect/Engineer, and final acceptance of the Work by the Owner. Unless otherwise
required by state law, the retainage percentage as specified above is based upon the original
Contract Sum, and will not be affected in the event the original Contract Sum is
subsequently increased by Change Order.
(f) No progress payments shall be made on contracts where performance and payment bonds
are not required or furnished. In such instances, payment for the Work performed will be
made upon final completion and acceptance by the Owner of all Work.
9.5 DECISIONS TO WITHHOLD CERTIFICATION
(a) The Architect/Engineer or the Owner may decide not to certify payment and may withhold
a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect
the Owner's interest, if in the Architect/Engineer's or Owner's opinion the representations
to the Owner required by Subparagraph 9.4(b) cannot be made. If the Architect/Engineer
or the Owner is unable to certify payment in the amount of the Application, the
Architect/Engineer or the Owner will notify the Prime Contractor as provided in
Subparagraph 9.4(a). If the Prime Contractor and Architect/Engineer or the Owner cannot
agree on a revised amount, the Architect/Engineer will promptly issue a Certificate for
Payment for the amount for which the Architect/Engineer is able to make the required
representations to the Owner. The Architect/Engineer or the Owner may also decide not to
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certify payment or, because of subsequently discovered evidence or subsequent
observations, may nullify the whole or a part of a Certificate for Payment previously issued
to such extent as may be necessary, in the Architect/Engineer's or Owner's opinion, to
protect the Owner from loss because of:
(1) defective or nonconforming Work not remedied;
(2) third-party claims filed or reasonable evidence indicating probable filing of such
claims;
(3) failure of the Prime Contractor to make payments properly to Subcontractors or for
labor, materials, or equipment;
(4) reasonable evidence that the Work cannot be completed for the unpaid balance of the
Contract Sum;
(5) damage to the Owner or another contractor;
(6) reasonable evidence that the Work will not be completed within the Contract Time, and
that the unpaid balance would not be adequate to cover actual or damages for the
anticipated delay;
(7) persistent failure to carry out the Work in accordance with the Contract Documents; or
(8) mathematical or other errors that are discovered in the Application for Payment.
(b) When all of the above reasons that existed for withholding certification are removed or
remedied, then, at that time, certification will be made for amounts previously withheld.
(c) The Owner may, at its option, offset any progress payment or final payment under the
Contract Documents against any debt (including taxes) lawfully due to the Owner from the
Prime Contractor, regardless of whether the amount due arises pursuant to the terms of the
Contract Documents or otherwise, and regardless of whether or not the debt due to the
Owner has been reduced to judgment by a court.
9.6 PROGRESS PAYMENTS
(a) After the Architect/Engineer has issued a Certificate for Payment, the Owner shall make
payment in the manner and within the time provided in the Contract Documents, and shall
so notify the Architect/Engineer. The Owner shall not be liable for interest on any late or
delayed progress payment or final payment caused by any claim or dispute, any
discrepancy in quantities, any failure to provide supporting documentation or other
information required with the Application for Payment or as a precondition to payment
under the Contract Documents, or due to any payment the Owner or the Architect/Engineer
has a right to withhold or not certify under the Contract Documents. Notwithstanding the
foregoing, the Owner may refuse to make payment on any Certificate for Payment
(including, without limitation, the final Certificate for Payment) for any default under the
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Contract Documents, including but not limited to those defaults set forth in Subparagraph
9.5(a), Clauses (1) through (7). The Owner shall not be deemed in default by reason of
withholding payment while any Prime Contractor default remains uncured.
(b) The Prime Contractor shall promptly pay each Subcontractor, upon receipt of payment
from the Owner, out of the amount paid to the Prime Contractor on account of each
Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled,
reflecting percentages actually retained from payments to the Prime Contractor on account
of such Subcontractors portion of the Work The Prime Contractor shall, by appropriate
agreement with each Subcontractor, require each Subcontractor to make payments to Sub-
subcontractors in similar manner.
(c) The Architect/Engineer will, on request, furnish to a Subcontractor, if practicable,
information regarding percentages of completion or amounts applied for by the Prime
Contractor and action taken thereon by the Architect/Engineer and the Owner on account
of portions of the Work done by such Subcontractor.
(d) Neither the Owner nor the Architect/Engineer shall have an obligation to pay or to see to
the payment of money to a Subcontractor except as may otherwise be required by law. That
obligation belongs to the Prime Contractor or, in the event of the Prime Contractor's failure
to pay a Subcontractor, to the Surety on the Payment Bond as required under Paragraph
113.
(e) Payment to material suppliers shall be treated in a manner similar to that provided in
Subparagraphs 9.6(b), (c), and (d).
(f) A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the
Project by the Owner shall not constitute acceptance of Work not performed in accordance
with the Contract Documents.
9.7 SUBSTANTIAL COMPLETION
(a) The Date of Substantial Completion of the Work, or designated portion of the Work, is the date
certified by the Architect/Engineer when construction is sufficiently completed in accordance with
the City Of Denton General Conditions For Building Construction.
(a) the Contract Documents such that the Owner may beneficially occupy and use the Work,
or designated portions of the Work, for the purposes for which it is intended and only trivial
and insignificant items remain which do not affect the Work as a whole.
(b) When the Prime Contractor considers that the Work, or the portion of the Work which the
Owner agrees to accept separately, is Substantially Complete, the Prime Contractor shall
prepare and submit to the Architect/Engineer a comprehensive list of remaining items to
be completed or corrected. The Prime Contractor shall proceed promptly to complete and
correct items on the list (hereinafter called the "punch list"). Failure to include an item on
the punch list does not alter the responsibility of the Prime Contractor to complete all Work
in accordance with the Contract Documents. Upon receipt of the punch list, the
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Architect/Engineer will make an inspection to determine whether the Work, or designated
portion of the Work, is Substantially Complete. If the Architect/Engineer's inspection
discloses any item, whether or not included on the punch list, which is not in accordance
with the requirements of the Contract Documents and which renders the Work inspected
not Substantially Complete the Contractor shall, before issuance of the Certificate of
Substantial Completion, complete or correct the item upon notification by the
Architect/Engineer. The Prime Contractor shall then submit a request for another
inspection by the Architect/Engineer to determine Substantial Completion. When the Work
or designated portion of the Work is Substantially Complete, the Architect/Engineer will
prepare a Certificate of Substantial Completion which shall establish the date of Substantial
Completion, shall establish responsibilities of the Owner and the Prime Contractor for
security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the
time within which the Prime Contractor shall finish all items on the punch list
accompanying the Certificate.
(c) The Certificate of Substantial Completion shall be submitted to the Owner and the Prime
Contractor for their written acceptance of responsibilities assigned to them in the
Certificate.
(d) Upon Substantial Completion of the Work or designated portion thereof and upon
application by the Prime Contractor and certification by the Architect/Engineer, the Owner
shall make payment, reflecting adjustment in retainage, if any, for the Work, or portion of
the Work, as provided in the Contract Documents.
9.8 PARTIAL OCCUPANCY OR USE
(a) The Owner may occupy or use any completed or partially completed portion of the Work
at any stage when such portion is designated by separate Supplemental Agreement with
the Prime Contractor, provided such occupancy or use is consented to by the insurer as
required under Subparagraph 11.2(e) and authorized by public authorities having
jurisdiction over the Work Such partial occupancy or use may commence whether or not
the portion is Substantially Complete, provided the Owner and Prime Contractor have
accepted in writing the responsibilities assigned to each of them for payments, retainage if
any, security, maintenance, heat, utilities, damage to the Work and insurance, and have
agreed in writing concerning the period for correction of the Work and commencement of
warranties required by the Contract Documents. When the Prime Contractor considers a
portion Substantially Complete, the Prime Contractor shall prepare and submit a list to the
Architect/Engineer as provided under Subparagraph 9.7(b). Consent of the Prime
Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the
progress of the Work shall be determined by written agreement between the Owner and
Prime Contractor or, if no agreement is reached, by decision of the Architect/Engineer.
(b) Immediately prior to such partial occupancy or use, the Owner, Prime Contractor, and
Architect/Engineer shall jointly inspect the area to be occupied or portion of the Work to
be used in order to determine and record the condition of the Work.
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(c) Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work
shall not constitute acceptance of Work not complying with the requirements of the
Contract Documents.
9.9 FINAL COMPLETION AND FINAL PAYMENT
(a) Upon receipt of written notice that the Work is ready for final inspection and acceptance
and upon receipt of a final Application for Payment, the Architect/Engineer, accompanied
by the Owner's representative, will promptly make final inspection and, when the
Architect/Engineer finds the Work acceptable under the Contract Documents and the
Contract Documents fully performed, the Architect/Engineer will promptly issue a final
Certificate for Payment stating that to the best of the Architect/Engineer's knowledge,
information and belief, and on the basis of the Architect/Engineer's observations and
inspections, the Work has been completed in accordance with terms and conditions of the
Contract Documents and that the entire balance found to be due the Prime Contractor and
noted in said final Certificate is due and payable. The Architect/Engineer's final Certificate
for Payment will constitute a further representation that conditions listed in Subparagraph
9.9(b) as a condition precedent to the Prime Contractor's being entitled to final payment
have been fulfilled. Owner will normally make final payment within thirty (30) days after
Owner's receipt and approval of the final Certificate for Payment. Warranties required by
the Contract Documents shall commence on the date of Substantial Completion of the
Work, unless otherwise provided by separate agreement between the Owner and the Prime
Contractor.
(b) Neither final payment nor any remaining retained percentage shall become due until the
Prime Contractor submits to the Architect/Engineer:
(1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness
connected with the Work for which the Owner or the Owner's property might be
responsible or encumbered (less amounts withheld by Owner) have been paid or
otherwise satisfied;
(2) a certificate evidencing that insurance required by the Contract Documents to remain
in force after final payment is currently in effect and will not be cancelled or allowed
to expire until at least thirty (30) days prior written notice has been given to the Owner;
(3) a written statement that the Prime Contractor knows of no substantial reason that the
insurance will not be renewable to cover the period required by the Contract
Documents;
(4) a consent of surety to final payment; and
(5) if required by the Owner, other data establishing payment or satisfaction of obligations,
such as receipts, releases and waivers of liens, claims, security interests or
encumbrances arising out of the Contract, to the extent and in such form as may be
designated by the Owner.
(c) As a precondition to final payment by the Owner under this Contract, the Prime
Contractor's affidavit under Clause (b)(1) shall state that the Prime Contractor has paid
each of his subcontractors, laborers or materialmen in full for all labor and materials
provided to Contractor for the Work performed under this Contract. In the event the Prime
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Contractor has not paid each of his subcontractors, laborers or materialmen in full, the
Prime Contractor shall state in the affidavit the amount owed and the name of each
subcontractor, laborer or materialmen to whom such payment is owed. IN ANY EVENT,
THE PRIME CONTRACTOR SHALL BE REQUIIZED TO EXECUTE THE OWNER'S
STANDARD AFFIDAVIT OF FINAL PAYMENT AND RELEASE AS A
PRECONDITION TO RECEIl'T OF FINAL PAYMENT.
(d) If, after Substantial Completion of the Work, final completion of the Work is materially
delayed through no fault of the Prime Contractor or by issuance of Change Orders affecting
final completion and the Architect/Engineer confirms the delay, the Owner shall, upon
application by the Prime Contractor and certification by the Architect/Engineer, and
without terminating the Contract, make payment of the balance due for that portion of the
Work fully completed and accepted. If the remaining balance for Work not fully completed
or corrected is less than retainage stipulated in the Contract Documents, and if bonds have
been furnished, the written consent of surety to payment of the balance due for that portion
of the Work fully completed and accepted shall be submitted by the Contractor to the
Architect/Engineer prior to certification of payment. Payment shall be made under terms
and conditions governing final payment, except that it shall not constitute a waiver of
claims.
(e) The acceptance by the Prime Contractor of the final payment shall operate as and
shall be a complete release of the Owner from all claims or liabilities under the
Contract, for anything done or furnished or relating to the Work or the Project, or
for any act or neglect of the Owner relating to or connected with the Work or the
Project.
ARTICLE 10 SAFETY, SECURITY AND UTILITY PROVISIONS; ENVIRONMENTAL
COMPLIANCE
101 SAFETY PRECAUTIONS AND PROGRAMS
The Prime Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Contract, and will
comply with all applicable City, County, State and Federal health and safety regulations.
10.2 SAFETY OF PERSONS AND PROPERTY
(a) The Prime Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
(1) employees on the Work and other persons who may be affected thereby;
(2) the Work and materials and equipment to be incorporated therein, whether in storage
on or off the site, under care, custody or control of the Prime Contractor or the Prime
Contractor's Subcontractors or Sub-subcontractors; and
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(3) other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
(b) The Prime Contractor shall give notices and comply with applicable laws, ordinances,
rules, regulations and lawful orders of public authorities bearing on safety of persons or
property or their protection from damage, injury or loss.
(c) The Prime Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including
posting danger signs and other warnings against hazards, promulgating safety regulations
and notifying owners and users of adjacent sites and utilities.
(d) When use or storage of explosives or other hazardous materials or equipment or unusual
methods are necessary for execution of the Work, the Prime Contractor shall exercise
utmost care and carry on such activities under supervision of properly qualified personnel.
(e) USE OF EXPLOSNES - CLAIMS AND TOTAL INDEMNIFICATION. The Owner
shall have the right to pre-approve the use of any explosives on the Project; the Prime
Contractor shall not assume in its bid that permission to use explosives will be granted.
The Owner shall NOT be liable for any claim for additional time or compensation as a
result of the Owner's denial of permission to use explosives. Where use of explosives is
permitted by the Owner, the Prime Contractor EXPRESSLY AGREES TO BE SOLELY
RESPONSIBLE for the determination as to whether explosives shall actually be used, and
for any result from the use, handling or storage of explosives, and shall INDEMNIFY,
DEFEND AND HOLD COMPLETELY HARMLESS the Owner, its officers, agents and
employees, and the Architect/Engineer against any and all claims, lawsuits, judgments,
costs or expenses for personal injury (including death), property damage or other harm for
which recovery of damages is sought, suffered by any person or persons, as the result of
the use, handling or storage of the explosives by the Prime Contractor or any Subcontractor,
REGARDLESS OF WHETHER SAID USE, HANDLING OR STORAGE WAS
NEGLIGENT OR NOT, AND REGARDLESS OF WHETHER THE DAMAGE OR
INNRY WAS CONTRIBUTED TO IN ANY WAY BY THE NEGLIGENCE OR
FAULT OF THE OWNER, ITS OFFICERS, AGENTS, EMPLOYEES, OR
REPRESENTATNES, OR THE ARCHITECT/ENGINEER AND ITS OFFICERS,
AGENTS, EMPLOYEES, OR REPRESENTATNES. In the event of conflict with any
other indemnity paragraph in this Contract, this paragraph controls. This indemnity
paragraph is intended solely for the benefit of the parties to this Contract and is not intended
to create or grant any rights, contractual or otherwise, to or for any other person or entity.
The Prime Contractor shall furnish the Owner and the Architect/Engineer with evidence of
insurance sufficient to cover possible damage or injury, which insurance shall either
include the Owner and the Architect/Engineer as additional insureds or be sufficiently
broad in coverage as to fully protect the Owner and the Architect/Engineer. All explosives
shall be stored in a safe and secure manner, under the care of a competent watchman at all
times, and all storage places shall be marked clearly and conspicuously: "DANGEROUS-
EXPLOSNES." The method of storing and handling explosives and highly flammable
materials shall conform to Federal and State laws, City of Denton ordinances, and the City
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of Denton Fire Department regulations. The Prime Contractor shall notify any
telecommunications and public utility company and any private property owners having
structures in the proximity of the Project Site of the Prime Contractor's intention to use
explosives, and such notice shall be given sufficiently in advance to enable the
telecommunications and public utility companies and private property owners to take such
steps as they may deem necessary to protect their property from injury. The notice shall
not relieve the Prime Contractor of any responsibility for damage resulting from any
blasting operations.
(f) The Prime Contractor shall promptly remedy damage and loss (other than damage or loss
insured under property insurance required by the Contract Documents) to property referred
to in Clauses 10.2(a)(2) and 102(a)(3) caused in whole or in part by the Prime Contractor,
a Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone
for whose acts they may be liable and for which the Prime Contractor is responsible under
Clauses 10.2(a)(2) and 10.2(a)(3), except damage or loss attributable to acts or omissions
of the Owner or Architect/Engineer or anyone directly or indirectly employed by either of
them, or by anyone for whose acts either of them may be liable, and not attributable to the
fault or negligence of the Prime Contractor or any of its Subcontractors. The foregoing
obligations of the Prime Contractor are in addition to the Prime Contractor's obligations
under Paragraph 3.19. To the extent that any such damage or loss may be covered by
property insurance or other insurance required by the Contract Documents, the Owner and
the Prime Contractor shall exercise their best efforts to make a claim and obtain recovery
from the insurers to provide for the cost, in whole or in part, of the repair work or to provide
for reimbursement for such damage or loss.
(g) The Prime Contractor shall designate a responsible member of the Prime Contractor's
organization at the site whose duty shall be the prevention of accidents. This person shall
be the Prime Contractor's superintendent unless otherwise designated by the Prime
Contractor in writing to the Owner and Architect/Engineer.
(h) The Prime Contractor shall not load or permit any part of the Work or the Project site to be
loaded so as to endanger its safety.
10.3 EMERGENCIES
In an emergency affecting safety, health, or security of persons or property, the Prime
Contractor shall act, at the Prime Contractor's discretion, to prevent threatened damage,
injury, or loss. Additional compensation or extension of time claimed by the Prime
Contractor on account of an emergency shall be determined as provided in Paragraph 43 and
Article 7.
10.4 PUBLIC CONVENIENCE AND SAFETY
(a) The Prime Contractor shall place materials stored about the Work and shall conduct the
Work at all times in a manner that causes no greater obstruction to the public than is
considered necessary by the Owner. Sidewalks or streets shall not be obstructed, except
by special permission of the Owner. The materials excavated and the construction
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materials or plant used in the performance of the Work shall be placed in a manner that
does not endanger the Work or prevent free access to all fire hydrants, water mains and
appurtenances, water valves, gas valves, manholes for the telephone, telegraph signal or
electric conduits, wastewater mains and appurtenances, and fire alarm or police call
boxes in the vicinity.
(b) The Owner reserves the right to remedy any neglect on the part of the Prime Contractor
in regard to public convenience and safety which may come to the Owner's attention,
after twenty-four (24) hours notice in writing to the Prime Contractor. In case of an
emergency, the Owner shall have the right to immediately remedy any neglect without
notice. In either case, the cost of any work done by the Owner to remedy the Prime
Contractor's neglect shall be deducted from the Contract Sum. The Prime Contractor
shall notify the City Traffic Control Department when any street is to be closed or
obstructed. The notice shall, in the case of major thoroughfares or street upon which
transit lines operate, be forty-eight (48) hours in advance. The Owner reserves the right
to postpone or prohibit any closure or obstruction of any streets or thoroughfares to the
extent necessary for the safety and benefit of the traveling public. The Prime Contractor
shall, when directed by the Architect/Engineer or the Owner, keep any street or streets in
condition for unobstructed use by City departments. When the Prime Contractor is
required to construct temporary bridges or make other arrangements for crossing over
ditches or around structures, the Prime Contractor's responsibility for accidents shall
include the roadway approaches as well as the crossing structures.
10.5 BARRICADES, LIGHTS AND WATCHMEN
If the Work is carried on or adjacent to any street, alley or public place, the Prime Contractor
shall, at the Prime Contractor's own cost and expense, furnish, erect and maintain sufficient
barricades, fences, lights and danger signals, shall provide sufficient watchmen, and shall
take such other precautionary measures as are necessary for the protection of persons or
property and of the Work All barricades shall be painted in a color that will be visible at
night, shall indicate in bold letters thereon the Prime Contractor's name and shall be
illuminated by lights from sunset to sunrise. The term "lights," as used in this Paragraph,
shall mean flares, flashers, or other illuminated devices. A sufficient number of barricades
with adequate markings and directional devices shall also be erected to keep vehicles from
being driven on or into any Work under construction. The Prime Contractor will be held
responsible for all damage to the Work due to failure of barricades, signs, lights and
watchmen to protect the Work Whenever evidence is found of such damage, the
Architect/Engineer may order the damaged portion immediately removed and replaced by
the Prime Contractor at Prime Contractor's cost and expense. The Prime Contractor's
responsibility for maintenance of barricades, signs, and lights, and for providing watchmen,
shall not cease until the Project has been finally accepted by the Owner.
10.6 PUBLIC UTILITIES AND OTHER PROPERTIES TO BE CHANGED
In case it is necessary to change or move the property of the Owner or of any
telecommunications or public utility, such property shall not be removed or interfered with
until ordered to do so by the Architect/Engineer. The right is reserved to the owner of any
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public or private utilities to enter upon the Project site for the purpose of making such
changes or repairs of their property that may become necessary during the performance of
the Work The Owner reserves the right of entry upon the Project site for any purpose,
including repairing or relaying sewer and water lines and appurtenances, repairing structures,
and for making other repairs, changes, or extensions to any of the Owner's property. The
Owner's actions shall conform to the Prime Contractor's current and approved schedule for
the performance of the Work, provided that proper notification of schedule requirements has
been given to the Owner by the Prime Contractor.
10.7 TEMPORARY STORM SEWER AND DRAIN CONNECTIONS
When existing storm sewers or drains have to be taken up or removed, the Prime Contractor
shall at his own expense provide and maintain temporary outlets and connections for all
public and private storm sewers and drains. The Prime Contractor shall also take care of all
storm sewage and drainage which will be received from these storm drains and sewers; for
this purpose, the Prime Contractor shall provide and maintain, at the Prime Contractor's own
expense, adequate pumping facilities and temporary outlets or diversions. The Prime
Contractor shall, at the Prime Contractor's own expense, construct such troughs, pipes, or
other structures necessary and shall be prepared at all times to dispose of storm drainage and
sewage received from these temporary connections until such time as the permanent
connections are built and in service. The existing storm sewers and connections shall be kept
in service and maintained under the Contract, except where specified or ordered to be
abandoned by the Architect/Engineer. All storm water and sewage shall be disposed of in a
satisfactory manner so that no nuisance is created and that the Work under construction will
be adequately protected.
10.8 ARRANGEMENT AND CHARGE FOR WATER FURNISHED BY THE OWNER;
ELECTRICITY FOR THE PROJECT
(a) When the Prime Contractor desires to use the Owner's water in connection with the Work,
the Prime Contractor shall make complete and satisfactory arrangements with the Denton
Water Utilities Department and shall be responsible for the cost of the water the Prime
Contractor uses. Where meters are used, the charge will be at the regular established rate;
where no meters are used, the charge will be as prescribed by City ordinance, or where no
ordinance applies, payment shall be based on estimates made by the Denton Water Utilities
Department.
(b) The Prime Contractor shall make complete and satisfactory arrangements for electricity
and metered electrical connections with the Owner or with Denton Municipal Electric in
the event that separately metered electrical connections are required for the Project. The
Prime Contractor shall pay for all electricity used in the performance of the Work through
separate metered electrical connections obtained by the Prime Contractor through the City
of Denton.
10.9 USE OF FIRE HYDRANTS
The Prime Contractor, Subcontractors, and any other person working on the Project shall not
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open, turn off, interfere with, attach any pipe or hose to, or connect anything with any fire
hydrant, stop valve, or stop cock, or tap any water main belonging to the Owner, unless duly
authorized to do so by the Denton Water Utilities Department in accordance with the Denton
City Code.
1010 ENVIRONMENTAL COMPLIANCE
(a) The Prime Contractor and its Subcontractors are deemed to have made themselves
familiar with and at all times shall comply with all applicable federal, state or local
laws, rules, regulations, ordinances, and rules of common law now in effect (including
any amendments now in effect), relating to the environment, Hazardous Substances or
exposure to Hazardous Substances, including but not limited to the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.A. §§
9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C.A. §§ 1801, et
seq.; the Resource Conservation and Recovery Act of 1976, 42 U.S.C.A. §§ 6901, et
seq.; the Federal Water Pollution Control Act, 33 U.S.C.A §§ 1201, et seq.; the Toxic
Substances Control Act, 15 U.S.C.A. §§ 2601, et seq.; the Clean Air Act, 42 U.S.C.A.
§§ 7401, et seq.; the Safe Drinking Water Act, 42 U.S.C.A. §§ 3808, et seq., and any
current judicial or administrative interpretation of these laws, rules, regulations,
ordinances, or rules of common law, including but not limited to any judicial or
administrative order, consent decree, or judgment affecting the Project.
(b) In the event the Prime Contractor encounters on the site materials reasonably believed
to be a Hazardous Substance that have not been rendered harmless, and removal of
such materials is not a part of the scope of Work required under the Contract
Documents, the Prime Contractor shall immediately stop Work in the affected area and
report in writing the facts of such encounter to the Architect/Engineer and the Owner.
Work in the affected area shall not thereafter be resumed except by written order of the
Owner unless and until the material is determined not to be a Hazardous Substance or
the Hazardous Substance is remediated. The Owner may choose to remediate the
Hazardous Substance with a separate contractor or through a Change Order with the
Prime Contractor. If the Owner determines that the Hazardous Substance exists in the
affected area due to the fault or negligence of the Prime Contractor or any of its
Subcontractors, the Prime Contractor shall be responsible for remediating the condition
at the sole expense of the Prime Contractor in accordance with the Prime Contractor's
APPROVED Spill Remediation Plan. An extension of the Contract Time for any delay
in the progress schedule caused as a result of the discovery and remediation of a
Hazardous Substance may be granted by the Owner only if all remaining Work on the
Project must be suspended and the delay cannot be made up elsewhere in the progress
schedule. Any request for an extension of the Contract Time related to the discovery
and remediation of a Hazardous Substance is subject to the provisions of Paragraph 4.3
and Article 8.
(c) The Prime Contractor shall be responsible for identification, abatement, cleanup,
control, removal, remediation, and disposal of any Hazardous Substance brought into
or upon the site by the Prime Contractor or any Subcontractor or Supplier. The Prime
Contractor shall obtain any and all permits necessary for the legal and proper handling,
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transportation, and disposal of the Hazardous Substance and shall, prior to undertaking
any abatement, cleanup, control, removal, remediation, and disposal, notify the Owner
and the Architect/Engineer so that they may observe the activities; provided, however,
that it shall be the Prime Contractor's sole responsibility to comply with all applicable
laws, rules, regulations, or ordinances governing the activities.
(d) Spill Prevention Plan. At least seventy-two (72) hours prior to commencing
performance of any of the Work at the Project site, the Prime Contractor shall submit
to the Owner for review and approval a Spill Prevention and Response Plan (SPRP)
meeting the requirements of federal and state law, rules, and regulations. The SPRP
shall be specially designed for the Prime Contractor's planned work methods and
procedures. The SPRP shall be designed to complement all applicable safety standards,
fire prevention regulations, and pollution prevention policies and procedures. The
SPRP shall include estimates of the quantity and rate of flow should equipment fail,
and detail containment or diversionary structures to prevent spills from leaving the site
or migrating into adjacent properties or navigable waters. The SPRP shall include
methods of recovery of spilled materials and all applicable twenty-four (24) hour
emergency phone numbers, including without limitation that of the Owner's Project
Manager or other designated representative. The Prime Contractor shall not commence
any field work prior to approval of such plan by the Owner. The following additional
rules shall apply with respect to spills caused by the Prime Contractor or a
Subcontractor:
(1) The Prime Contractor shall immediately report any spill or release at the Project
site, whether or not it is associated with this Contract, to the Owner's Project
Manager or other designated representative. Thereafter, within two (2) working
days after the occurrence of such event, the Prime Contractor shall submit a written
report describing such event in a degree of detail reasonably acceptable to the
Owner.
(2) The Prime Contractor shall immediately respond in accordance with the SPRP in
the event of a spill.
(3) The Prime Contractor shall dispose of spilled materials in accordance with EPA
and Texas Commission on Environmental Quality (TCEQ) regulations and any
other applicable federal, state, or local laws, rules, or regulations. In connection
with such disposals, the Prime Contractor shall use only those transporters and
disposal facilities that are approved in advance in writing by the Owner. A copy of
all transport manifests for the spilled materials shall be obtained and retained in the
Prime Contractor's records for reference purposes, to be provided upon request of
the Architect/Engineer, the Owner, or any governmental regulatory agency with
jurisdiction over the matter. ALL COSTS OF COLLECTION, CONTAINMENT,
AND DISPOSAL OF SPII,LED MATERIALS SHALL BE THE SOLE
RESPONSIBILITY OF THE PRIME CONTRACTOR.
(4) For purposes of this Subparagraph (e), the term "spill" includes any kind of
environmental discharge or release.
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(e) Clean Air Management Plan. The Prime Contractor shall comply with the Clean Air
Management Plan submitted to and approved by the Owner during the contractor
selection process. The Owner reserves the right, at the Prime Contractor's sole expense,
to require the removal or retrofitting of any equipment used in the course of
construction that does not comply with the Plan submitted to and approved by the
Owner.
(f) The Prime Contractor shall deposit surplus or waste excavation or other materials
removed as part of the Work at a legal disposal site in accordance with all applicable
state, federal, and local laws, rules, regulations, and ordinances. The Prime Contractor
shall submit to the Owner for review and approval all planned disposal sites or
proposed uses for the surplus or waste excavation or other materials prior to removal
of any excavation or other material from the Project site. A copy of all transport
manifests for surplus or waste excavation or other materials shall be obtained and
retained in the Prime Contractor's records for reference purposes, to be provided upon
request to the Architect/Engineer, the Owner, or any governmental regulatory agency
with jurisdichon over the matter.
(g) The Prime Contractor is responsible for obtaining all TXPDES Storm Water Permits
from TCEQ for construction of the Project under regulations contained in 40 CFR Part
122, as amended, pursuant to the Clean Water Act, 33 U.S.C.A. §§1251 et seq. These
regulations require the filing of a notice of intent to obtain and abide by the general
storm water permit for construction activities promulgated by EPA, including but not
limited to cleaning, grading, and excavation that disturb the applicable amount of total
land area. In addition, the Prime Contractor shall comply with all regulations of the
Owner relating to storm water and storm water runoff management at the Project site
pursuant to Chapter 19, Article IX, Denton City Code, as amended.
(h) The Prime Contractor shall not install any materials in the performance of the Work
that contain asbestos or asbestos-related material such as hydrated mineral silicate,
including chrysolite, amosite, crocidolite, tremolite, anthophylite or actinolite, whether
friable or non-friable.
(i) The Owner reserves the right in its sole option to exercise the following remedies
(without waiving the right to pursue the imposition of any civil or criminal fines or
penalties that may be imposed under state, federal, or local laws or ordinances), at no
additional cost to the Owner and without an extension of the Contract Time, in the
event the Prime Contractor fails or refuses after seven (7) days advance written notice
from the Owner to comply with the provisions of this Paragraph 10.10, the terms of the
SPRP, the terms of the Clean Air Management Plan, any storm water permit or other
environmental permit issued in connection with the Work, or any applicable
environmental law, rule, regulation, or ordinance:
(1) suspend all or any portion of the Work until the noncompliance is corrected, or until
a detailed plan to achieve compliance within a reasonably prompt period of time is
prepared by the Prime Contractor and approved by the Owner;
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(2) if the Prime Contractor fails to properly address the noncompliance within the time
stipulated by the Owner, perform the necessary remediation or correction work and
backcharge the Prime Contractor for the cost of the remediation or correction; or
(3) terminate the Contract for cause as provided in Article 13.
ARTICLE ll INSURANCE AND BONDS
111 PRIME CONTRACTOR'S INSURANCE
Prime Contractors shall refer to the requirements listed within the solicitation document and
resulting contract for all City of Denton insurance requirements. Should a conflict arise
between the solicitation document and the resulting contract, the requirements set forth in the
actual contract shall prevail.
11.2 PROPERTY INSURANCE
Prime Contractors shall refer to the requirements listed within the solicitation document and
resulting contract for all City of Denton insurance requirements. Should a conflict arise
between the solicitation document and the resulting contract, the requirements set forth in the
actual contract shall prevail.
11.3 `UMBRELLA' LIABILITY INSURANCE
Prime Contractors shall refer to the requirements listed within the solicitation document and
resulting contract for all City of Denton insurance requirements. Should a conflict arise
between the solicitation document and the resulting contract, the requirements set forth in the
actual contract shall prevail.
11.4 POLICY ENDORSEMENTS AND SPECIAL CONDITIONS
Prime Contractors shall refer to the requirements listed within the solicitation document and
resulting contract for all City of Denton insurance requirements. Should a conflict arise
between the solicitation document and the resulting contract, the requirements set forth in the
actual contract shall prevail.
11.5 PERFORMANCE AND PAYMENT BONDS
(a) Subject to the provisions of Subparagraph 11.5(b), the Prime Contractor shall, with the
execution and delivery of the Construction Services Agreement, furnish and file with the
Owner in the amounts required in this Paragraph, the surety bonds described in Clauses
(a)(1) and (a)(2) below, which surety bonds shall be in accordance with the Charter of the
City of Denton and the provisions of Chapter 2253, Texas Government Code, as amended;
each bond shall be signed by the Prime Contractor, as Principal, and by an established
bonding company, as surety, meeting the requirements of Subparagraph 11.5(c) and
approved by the Owner. The surety bonds shall be accompanied by an appropriate Power-
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of-Attorney clearly establishing the extent and limitations of the authority of each signer
to so sign:
(1) Performance Bond. A good and sufficient bond in an amount equal to 100% of the
total Contract Sum, guaranteeing the full and faithful execution of the Work and
performance of the Contract in accordance with Plans, Specifications and all other
Contract Documents, including any Amendments thereof, for the protection of the
Owner. This bond shall also provide for the repair and maintenance of all defects due
to faulty materials and workmanship that appear within a period of two (2) years from
the date of final completion and acceptance of the improvements by the Owner or lesser
or longer periods as may be otherwise designated in the Contract Documents.
(2) Payment Bond. A good and sufficient bond in an amount equal to 100% of the total
Contract Sum, guaranteeing the full and prompt payment of all claimants supplying
labor or materials in the prosecution of the Work provided for in the Contract
Documents and any Amendments thereto, and for the use and protection of each
claimant.
(b) If the Contract Sum, including Owner-accepted alternates and allowances, if any, is greater
than $50,000, Payment bonds in 100% of the Contract Sum are mandatory and shall be
required to be provided by the Contractor. If the Contract Sum is greater than $100,000, a
Payment Bond and Performance Bond in 100% of the Contract amount is mandatory.
(c) No surety will be accepted by the Owner who is now in default or delinquent on any bonds
or who is a party to any litigation against the Owner. All bonds shall be made and executed
on the Owner's standard forms, shall be approved by the Owner, and shall be executed by
not less than one corporate surety that is authorized and admitted to do business in the State
of Texas, is licensed by the State of Texas to issue surety bonds, is listed in the most current
United States Department of the Treasury List of Acceptable Sureties, and is otherwise
acceptable to the Owner. Each bond shall be executed by the Prime Contractor and the
surety, and shall specify that legal venue for enforcement of each bond shall lie exclusively
in Denton County, Texas. Each surety shall designate an agent resident in Denton County,
Texas to whom any requisite statutory notices may be delivered and on whom service of
process may be had in matters arising out of the suretyship.
(d)
Contractor will be required to furnish original performance and payment bonds for 100
percent of the total submission price before work is to commence. The Contractor shall
assume all costs in increasing the bond limits if change orders are formally approved.
Bonds shall be in accordance with the V.T.C.A Government Code Section 2253.021, as
amended, from a surety licensed to do business in the State of Texas. The City, at its
option, may waive the payment and performance bond requirements for projects of less
than $50,000.
Bond forms are attached and shall be returned upon notice of contract award by the City. Bonds
should be forwarded to the City of Denton within fourteen (14) calendar days from contract
award. This contract is not fully executed until payment and performance bonds are received
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and accepted by the City. Upon approval, a purchase order will be issued.
(e) The failure of the Contractor to deliver the required statutory bonds and evidence of
insurance within fourteen (14) calendar days after the Contract is awarded shall constitute
a material breach of the Prime Contractor's bid proposal and the Owner may rescind the
Contract award and collect or retain the proceeds of the bid security. By reason of the
uncertainty of the market prices or materials and labor, and it being impracticable and
difficult to determine accurately the amount of damages occurring to the Owner by reason
of the Prime Contractor's failure to execute and furnish the statutory bonds within fourteen
(14) calendar days, the filing of a bid proposal with the accompanying bid security will be
considered as an acceptance of this Subparagraph 11.5(e). In the event the Owner should
re-advertise for bids, the defaulting Prime Contractor shall not be eligible to bid, and the
lowest responsible bid obtained in the re-advertisement shall be the bid referred to in this
Paragraph.
ARTICLE 12 DEFECTIVE AND NONCONFORMING WORK
121 UNCOVERING OF WORK
(a) If a portion of the Work is covered contrary to the Architect/Engineer's request or to
requirements specifically expressed in the Contract Documents, the Work must, if
required in writing by the Architect/Engineer, be uncovered for the Architect/Engineer's
observation and be replaced at the Prime Contractor's expense without change in the
Contract Time.
(b) If a portion of the Work has been covered which the Architect/Engineer has not
specifically requested to observe prior to it being covered, the Architect/Engineer may
request to see such Work and it shall be uncovered by the Prime Contractor. If such Work
is in accordance with the Contract Documents, costs of uncovering and replacement shall,
by appropriate Change Order, be charged to the Owner. If any Work is not in accordance
with the Contract Documents, the Prime Contractor shall pay the costs of uncovering,
repair, replacement unless the condition was caused by the Owner or a separate contractor
in which event the Owner shall be responsible for payment of such costs.
12.2 CORRECTION OF WORK
(a) The Prime Contractor shall promptly correct Work rejected by the Architect/Engineer as
failing to conform to the requirements of the Contract Documents, whether observed
before or after Substantial Completion and whether or not fabricated, installed or
completed. The Prime Contractor shall bear costs of correcting such rejected Work,
including additional testing and inspections and compensation for the
Architect/Engineer's services and expenses made necessary thereby.
(b) If any of the Work is found to be defective or nonconforming with the requirements of
the Contract Documents, the Prime Contractor shall correct it promptly after receipt of
written notice from the Architect/Engineer or the Owner to do so unless the Owner has
previously given the Prime Contractor a written acceptance or waiver of the defect or
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nonconformity. The Prime Contractor's obligation to correct defective or nonconforming
Work remains in effect for:
(1) one year after the date of Substantial Completion of the Work or designated portion
of the Work;
(2) one year after the date for commencement of warranties established by agreement in
connection with partial occupancy under Subparagraph 9.8(a); or
(3) the stipulated duration of any applicable special warranty required by the Contract
Documents.
(c) The one-year period described in Clauses (b)(1) and (b)(2) shall be extended with respect
to portions of the Work performed, repaired, or corrected after Substantial Completion
by the period of time between Substantial Completion and the actual completion of the
Work.
(d) The obligations of the Prime Contractor under this Paragraph 12.2 shall survive final
acceptance of the Work and termination of this Contract. The Owner shall give notice to
the Prime Contractor promptly after discovery of a defective or nonconforming condition
in the Work The one-year period stated in Clauses (b)(1) and (b)(2) does not limit the
ability of the Owner to require the Prime Contractor to correct latent defects or
nonconformities in the Work, which defects or nonconformities could not have been
discovered through reasonable diligence by the Owner or the Architect/Engineer at the
time the Work was performed or at the time of inspection for certification of Substantial
Completion or Final Completion. The one year period also does not relieve the Prime
Contractor from liability for any defects or deficiencies in the Work that may be
discovered after the expiration of the one year correction period.
(e) The Prime Contractor shall remove from the Project site portions of the Work which are
not in accordance with the requirements of the Contract Documents and are neither
corrected by the Prime Contractor nor accepted by the Owner.
(f) If the Prime Contractor fails to correct defective or nonconforming Work within a
reasonable time after notice from the Owner or the Architect/Engineer, the Owner may
correct it in accordance with Paragraph 2.4. If the Prime Contractor does not proceed
with correction of defective or nonconforming Work within a reasonable time fixed by
written notice from the Architect/Engineer, the Owner may remove or replace the
defective or nonconforming Work and store the salvageable materials or equipment at
the Prime Contractor's expense. If the Prime Contractor does not pay costs of removal
and storage within ten days after written notice, the Owner may, upon ten (10) additional
days written notice, sell the materials and equipment at auction or at private sale and shall
account for the proceeds after deducting costs and damages that should have been borne
by the Prime Contractor, including compensation for the Architect/Engineer's services
and expenses made necessary as a result of the sale. If the proceeds of sale do not cover
costs which the Prime Contractor should have borne, the Contract Sum shall be reduced
by the deficiency. If payments due to the Prime Contractor then or thereafter are not
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sufficient to cover the deficiency, the Prime Contractor shall pay the difference to the
Owner.
(g) The Prime Contractor shall bear the cost of correcting destroyed or damaged construction
of the Owner or separate contractors, whether the construction is completed or partially
completed, that is caused by the Prime Contractor's correction or removal of Work which
is not in accordance with the requirements of the Contract Documents.
(h) Nothing contained in this Paragraph 122 shall be construed to establish a period of
limitation with respect to other obligations which the Prime Contractor might have under
the Contract Documents. Establishment of the one-year time period as described in
Subparagraph 122(b) relates only to the specific obligation of the Prime Contractor to
correct the Work, and has no relationship to the time within which the obligation to
comply with the Contract Documents may be sought to be enforced, nor to the time
within which proceedings may be commenced to establish the Prime Contractor's
liability with respect to the Prime Contractor's obligations other than specifically to
correct the Work.
(i) Any Work repaired or replaced pursuant to this Article 12 shall be subject to the
provisions of Article 12 to the same extent as Work originally performed or installed.
12.3 ACCEPTANCE OF NONCONFORMING WORK
The Owner may, in the Owner's sole discretion, accept Work which is not in accordance with
the requirements of the Contract Documents instead of requiring its removal and correction,
in which case the Contract Sum will be reduced as appropriate and equitable. The adjustment
will be accomplished whether or not final payment has been made.
ARTICLE 13 COMPLETION OF THE CONTRACT; TERMINATION; TEMPORARY
SUSPENSION
131 FINAL COMPLETION OF CONTRACT
The Contract will be considered completed, except as provided in any warranty or
maintenance stipulations, bond, or by law, when all the Work has been finally completed, the
final inspection is made by the Architect/Engineer, and final acceptance and final payment is
made by the Owner.
13.2 WARRANTY FULFILLMENT
Prior to the expiration of the specified warranty period provided for in the Contract
Documents, the Architect/Engineer will make a detailed inspection of the Work and will
advise the Prime Contractor and the Prime Contractor's Surety of the items that require
correction. The Architect/Engineer will make a subsequent inspection and if the corrections
have been properly performed, the Architect/Engineer will issue a letter of release on the
maintenance stipulations to the Prime Contractor and the Surety. If for any reason the Prime
Contractor has not made the required corrections before the expiration of the warranty period,
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the warranty provisions as provided for in the Contract Documents shall remain in effect until
the corrections have been properly performed and a letter of release issued.
13.3 TERMINATION BY THE OWNER FOR CAUSE
(a) Notwithstanding any other provision of these General Conditions, the Work or any
portion of the Work may be terminated immediately by the Owner for any good cause
after giving seven (7) days advance written notice and opportunity to cure to the Prime
Contractor, including but not limited to the following causes:
(1) Failure or refusal of the Prime Contractor to start the Work within ten (10) days after
the date of written notice by the Owner to commence the Work.
(2) A reasonable belief that the progress of the Work being made by the Prime
Contractor is insufficient to complete the Work within the specified time.
(3) Failure or refusal of the Prime Contractor to provide sufficient and proper equipment
or construction forces to properly execute the Work in a timely manner.
(4) A reasonable belief that the Prime Contractor has abandoned the Work.
(5) A reasonable belief that the Contractor has become insolvent, bankrupt, or otherwise
financially unable to carry on the Work.
(6) Failure or refusal on the part of the Contractor to observe any requirements of the
Contract Documents or to comply with any written orders given by the
Architect/Engineer or the Owner as provided for in the Contract Documents.
(7) Failure or refusal of the Prime Contractor to promptly make good any defects in
materials or workmanship, or any defects of any nature, the correction of which has
been directed in writing by the Architect/Engineer.
(8) A reasonable belief by the Owner that collusion exists or has occurred for the
purpose of illegally procuring the Contract or a Subcontractor, or that a fraud is being
perpetrated on the Owner in connection with the construction of Work under the
Contract.
(9) Repeated and flagrant violation of safe working procedures.
(10) The filing by the Prime Contractor of litigation against the Owner prior to
completion of the Work.
(b) When the Work or any portion of the Work is terminated for any of the causes itemized
above or for any other cause except termination for convenience pursuant to
Subparagraph 133(e), the Prime Contractor shall, as of the date specified by the Owner,
discontinue the Work or portion of the Work as the Owner shall designate, whereupon
the surety shall, within fifteen (15) days after the written notice of termination for cause
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has been served upon the Prime Contractor and the surety or its authorized agents,
assume the obligations of the Prime Contractor for the Work or that portion of the Work
which the Owner has ordered the Prime Contractor to discontinue and may:
(1) perform the Work with forces employed by the surety;
(2) with the written consent of the Owner, tender a replacement contractor to take over
and perform the Work, in which event the surety shall be responsible for and pay the
amount of any costs required to be incurred for the completion of the Work that are
in excess of the amount of funds remaining under the Contract as of the time of the
termination; or
(3) with the written consent of the Owner, tender and pay to the Owner in settlement the
amount of money necessary to finish the balance of uncompleted Work under the
Contract, correct existing defective or nonconforming Work, and compensate the
Owner for any other loss sustained as a result of Prime Contractor's default.
In the event of termination for cause involving Clause (b)(1) or (b)(2), the Surety
shall assume the Prime Contractor's place in all respects, and the amount of funds
remaining unpaid under the Contract shall be paid by the Owner for all Work
performed by the surety or the replacement contractor in accordance with the terms
of the Contract Documents, subject to any rights of the Owner to deduct any costs,
damages, or actual damages that the Owner may have incurred, including but not
limited to additional fees and expenses of the Architect/Engineer and attorneys fees,
as a result of such termination.
(c) The balance of the Contract Sum remaining at the time of the Prime Contractor's default
and of the termination shall become due and payable to the surety as the Work
progresses, subject to all of the terms, covenants, and conditions of the Contract
Documents. If the surety does not, within the time specified in Subparagraph 13.3(b),
exercise its obligation to assume the obligations of the Contract, or that portion of the
Contract which the Owner has ordered the Prime Contractor to discontinue, then the
Owner shall have the power to complete the Work by contract or otherwise, as it may
deem necessary. The Prime Contractor agrees that the Owner shall have the right to take
possession of or use any or all of the materials, plant, tools, equipment, supplies, and
property of every kind provided by the Prime Contractor for the purpose of the Work,
and to procure other tools, equipment, labor, and materials for the completion of the
Work, and to charge to the account of the Prime Contractor the expenses of completion
and labor, materials, tools, equipment, and incidental expenses. The expenses incurred
by the Owner to complete the Work shall be deducted by the Owner out of the balance
of the Contract Sum remaining unpaid to or unearned by the Contractor. The Prime
Contractor and the surety shall be liable to the Owner for any costs incurred in excess
of the balance of the Contract Sum for the completion and correction of the Work, and
for any other costs, damages, expenses (including but not limited to additional fees of
the Architect/Engineer and attorney's fees), and damages incurred as a result of the
termination.
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(d) The Owner shall not be required to obtain the lowest bid for the Work of completing the
Contract as described in Subparagraph 133(c), but the expenses to be deducted from
the Contract Sum shall be the actual cost of such Work In case the Owner's expense is
less than the sum which would have been payable under the Contract, if the same had
been completed by the Prime Contractor, then the Owner may pay to the Prime
Contractor (or the Surety, in the event of a complete termination for cause) the difference
in the cost, provided that the Prime Contractor (or the Surety) shall not be entitled to any
claim for damages or for loss of anticipated profits. In case such expenses for completion
shall exceed the amount which would have been payable under the Contract if the same
had been completed by the Prime Contractor, then the Prime Contractor and his Sureties
shall pay the amount of the excess to the Owner on notice from the Owner for excess
due. When only a particular part of the Work is being carried on by the Owner by
contract or otherwise under the provisions of this Subparagraph, the Prime Contractor
shall continue the remainder of the Work in conformity with the terms of the Contract,
and in such manner as not to hinder or interfere with the performance of workmen
employed and provided by the Owner.
(e) The unconditional right to terminate this Contract for the convenience of the Owner
(including but not limited to non-appropriation of funding) is expressly retained by the
Owner. In the event of termination for convenience, the Owner shall deliver at least ten
(10) days advance written notice of termination for convenience to the Prime Contractor.
Upon the Prime Contractor's receipt of such written notice, the Prime Contractor shall
cease the performance of the Work and shall take reasonable and appropriate action to
secure and protect the Work in place. The Prime Contractor shall then be reimbursed by
the Owner in accordance with the terms and provisions of the Contract Documents, not
to exceed actual labor costs incurred, materials stored at the Project site or away from
the Project site as approved by the Owner but not yet paid for, plus actual, reasonable,
and documented termination charges, if any, paid by the Prime Contractor in connection
with the Work in place which is completed and in conformance with the Contract
Documents to the date of termination for convenience. No amount shall ever be due to
the Prime Contractor for lost or anticipated profits.
13.4 TEMPORARY SUSPENSION OF THE WORK
(a) The Work or any portion of the Work may be temporarily suspended by the Owner
immediately upon written notice to the Prime Contractor for any reason, including but
not limited to:
(1) the causes described in Clauses 131(a)(1) through (a)(10) above;
(2) where other provisions in the Contract Documents require or permit temporary
suspension of the Work;
(3) situations where the Work is threatened by, contributes to, or causes an immediate
threat to public health, safety, or security; or
(4) other unforeseen conditions or circumstances.
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(b) The Prime Contractor shall immediately resume the temporarily suspended Work when
ordered in writing by the Owner to do so. The Owner shall not under any circumstances
be liable for any claim of the Prime Contractor arising from a temporary suspension due
to a cause described in Clause (a)(1) above; provided, however, that in the case of a
temporary suspension for any of the reasons described under Clauses (a)(2) through
(a)(4), where the Prime Contractor is not a contributing cause of the suspension under
one of those Clauses or where the provision of the Contract Documents in question
specifically provides that the suspension is at no cost to the Owner, the Owner will make
an equitable adjustment for the following items, provided that a claim is properly made
by the Prime Contractor under Subparagraph 43 of these General Conditions:
(1) an equitable extension of the Contract Time, not to exceed the actual delay caused
by the temporary suspension as determined by the Architect/Engineer and the
Owner;
(2) an equitable adjustment to the Contract Sum for the actual, necessary, and
reasonable costs of properly protecting any Work that is finished or partially
finished during the period of the temporary suspension (no profit and overhead shall
be allowed on top of these costs); and
(3) if it becomes necessary to move equipment from the Project site and then return it
to the Project site when the Work is ordered to be resumed, an equitable adjustment
to the Contract Sum for the actual, necessary, and reasonable cost of these moves;
provided, however, that no adjustment shall be due if the equipment is moved to
another Project site of the Owner.
ARTICLE 14 MISCELLANEOUS PROVISIONS
141 GOVERNING LAW; COMPLIANCE WITH LAWS AND REGULATIONS
(a) This Contract shall be in all things governed by the laws of the State of Texas without
regard to conflict of laws principles.
(b) The Contractor shall, during the performance of the Work, comply with all applicable
City codes and ordinances, as amended, and all applicable State and Federal laws, rules
and regulations, as amended.
14.2 SUCCESSORS AND ASSIGNS
The Owner and the Prime Contractor respectively bind themselves, their partners, successors,
assigns, and legal representatives to the promises, covenants, terms, conditions, and
obligations contained in the Contract Documents. The Prime Contractor shall not assign,
transfer, or convey its interest or rights in the Contract, in part or as a whole, without written
consent of the Owner. If the Prime Contractor attempts to make an assignment, transfer, or
conveyance without the Owner's written consent, the Contractor shall nevertheless remain
legally responsible for all obligations under the Contract Documents. The Owner shall not
assign any portion of the Contract Sum due or to become due under this Contract without the
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written consent of the Prime Contractor, except where assignment is compelled or allowed by
court order, the terms of the Contract Documents, or other operation of law.
14.3 WRITTEN NOTICE
Except as otherwise provided in Article 16, any notice, payment, statement, or demand
required or permitted to be given under this Contract by either party to the other may be
effected by personal delivery in writing or by mail, postage prepaid to the Project Manager or
Superintendent of either party, or to an officer, partner, or other designated representative of
either party. Mailed notices shall be addressed to the parties at an address designated by each
party, but each party may change its address by written notice in accordance with this section.
Mailed notices shall be deemed communicated as of three (3) days after mailing.
14.4 RIGHTS AND REMEDIES; NO WAIVER OF RIGHTS BY OWNER
(a) The duties and obligations imposed on the Prime Contractor by the Contract Documents
and the rights and remedies available to the Owner under the Contract Documents shall be in
addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise
imposed or made available by law.
(b) No action or failure to act by the Owner shall constitute a waiver of a right afforded the
Owner under the Contract Documents, nor shall any action or failure to act by the Owner
constitute approval of or acquiescence in a breach of the Contract by Prime Contractor, except
as may be specifically agreed in writing by Change Order or Supplemental Agreement.
14.5 INTEREST
The Owner shall not be liable for interest on any progress or final payment to be made under
the Contract Documents, except as may be provided by the applicable provisions of the
Prompt Payment Act, Chapter 2251, Texas Government Code, as amended, subject to
Paragraph 9.6(a) of these General Conditions.
14.6 OFFICERS OR EMPLOYEES OF THE OWNER NOT TO HAVE FINANCIAL
INTEREST IN ANY CONTRACT OF THE OWNER
No officer or employee of the Owner shall have a financial interest, direct or indirect, in any
Contract with the Owner, or be financially interested, directly or indirectly, in the sale to the
Owner of any land, materials, supplies or services, except on behalf of the Owner as an officer
or employee. Any violation of this article shall constitute malfeasance in office, and any
officer or employee of Owner guilty thereof shall thereby forfeit his office or position. Any
violation of this section, with the knowledge, express or implied, of the person, persons,
partnership, company, firm, association or corporation contracting with the Owner shall
render the Contract involved voidable by the Owner's City Manager or City Council.
14.7 VENUE
This Contract is deemed to be performed in Denton County, Texas, and if legal action is
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necessary to enforce this Contract, exclusive venue shall lie in Denton County, Texas.
14.8 INDEPENDENT CONTRACTOR
In performing the Work under this Contract, the relationship between the Owner and the
Prime Contractor is that of an independent contractor. The Prime Contractor shall exercise
independent judgment in performing the Work and is solely responsible for setting working
hours, scheduling or prioritizing the Work flow and determining the means and methods of
performing the Work, subject only to the requirements of the Contract Documents. No term
or provision of this Contract shall be construed as making the Prime Contractor an agent,
servant, or employee of the Owner, or making the Prime Contractor or any of the Prime
Contractor's employees, agents, or servants eligible for the fringe benefits, such as retirement,
insurance and worker's compensation, which the Owner provides to its employees.
14.9 NONDISCRIMINATION
As a condition of this Contract, the Prime Contractor covenants that he will take all necessary
actions to insure that, in connection with any work under this Contract, the Prime Contractor
and its Subcontractors will not discriminate in the treatment or employment of any individual
or groups of individuals on the grounds of race, color, religion, national origin, age, sex,
sexual orientation, or handicap unrelated to job performance, either directly, indirectly or
through contractual or other arrangements. The Prime Contractor shall also comply with all
applicable requirements of the Americans with Disabilities Act, 42 U.S.C.A. §§12101-12213,
as amended. In this regard, the Prime Contractor shall keep, retain and safeguard all records
relating to his Contract or Work performed thereunder for a minimum period of three (3) years
from final Contract completion, with full access allowed to authorized representatives of the
Owner, upon request, for purposes of evaluating compliance with this and other provisions of
the Contract.
1410 GIFTS TO PUBLIC SERVANTS
(a) The Owner may terminate this Contract immediately if the Prime Contractor has
offered, conferred, or agreed to confer any benefit on a City of Denton employee or
official that the City of Denton employee or official is prohibited by law from
accepting.
(b) For purposes of this Article, "benefit" means anything reasonably regarded as
pecuniary gain or pecuniary advantage, including benefit to any other person in whose
welfare the beneficiary has a direct or substantial interest, but does not include a
contribution or expenditure made and reported in accordance with law.
(c) Notwithstanding any other legal remedies, the Owner may require the Prime Contractor
to remove any employee of the Prime Contractor from the Project who has violated the
restrictions of this Article or any similar State or Federal law, and obtain reimbursement
for any expenditures made to the Prime Contractor as a result of the improper offer,
agreement to confer, or conferring of a benefit to a City of Denton employee or official.
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ARTICLE 15 RIGHT TO AUDIT CONTRACTOR'S RECORDS
By execution of the Building Construction Services Agreement, the Prime Contractor grants the
Owner the right to audit, at the Owner's election, all of the Prime Contractor's records and billings
relating to the performance of the Work under the Contract Documents. The Prime Contractor
agrees to retain its Project records for a minimum of five (5) years following completion of the
Work The Owner agrees that it will exercise the right to audit only at reasonable hours. City may
review any and all of the services performed by Prime Contractor under this Contract. Any
payment, settlement, satisfaction, or release made or provided during the course of performance
of this Contract shall be subj ect to City's rights as may be disclosed by an audit under this section.
ARTICLE 16 NOTICE OF CONTRACT CLAIM
This Contract is subject to the provisions of the Denton City Code, as amended, relating to
requirements for filing a notice of a breach of contract claim against City. Prime Contractor shall
comply with the requirements of this ordinance as a precondition of any litigation relating to this
Contract, in addition to all other requirements in this Contract related to claims and notice of
claims.
Should a conflict arise between any of the contract documents, it shall be resolved with the
following order of precedence (if applicable). In any event, the iinal negotiated contract shall
take precedence over any and all contract documents to the extent of such conflict.
1. Final negotiated contract
2. RFP/Bid documents
3. City's standard terms and conditions
4. Purchase order
5. Contractor terms and conditions
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EXHIBIT D
PAYMENT AND PERFORMANCE BOND REQUIREMENTS
Contractor will be required to furnish original performance and payment bonds for one hundred
(100%) percent of the total submission price before work is to commence. The Contractor shall
assume all costs in increasing the bond limits if change orders are formally approved. Bonds shall
be in accordance with the V.T.C.A Government Code Section 2253.021, as amended, from a surety
licensed to do business in the State of Texas. The City, at its option, may waive the payment and
performance bond requirements for projects of less than $50,000.
Bond forms are attached and shall be returned upon notice of contract award by the City. Bonds
should be forwarded to the City of Denton within fourteen (14) calendar days from contract award.
This contract is not fully executed until payment and performance bonds are received and accepted
by the City. Upon approval, a purchase order will be issued.
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EXHIBIT E
INSURANCE REQUIREMENTS AND
WORI�RS' COMPENSATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractual obligations, which
the successful contractor shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
Contractor shall file with the Purchasing Department satisfactory certificates of insurance
including any applicable addendum or endorsements, containing the contract number and title
of the project. Contractor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any time; however, Contractor shall not
commence any work or deliver any material until he or she receives notification that the contract
has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A or better.
• Any deductibles or self-insured retentions shall be declared in the proposaL If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions
with respect to the City, its officials, agents, employees and volunteers; or, the contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
■ Name as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
■ That such insurance is primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
■ Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents,
employees, and volunteers.
File # 6766
DocuSign Envelope ID: 6E261535-22AF-4174-A6FB-F5ADCE288D92
• Cancellation: City requires 30 day written notice should any of the policies described on
the certificate be cancelled or materially changed before the expiration date.
Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and, without
lapse, for a period of three years beyond the contract expiration, such that occurrences
arising during the contract term which give rise to claims made after expiration of the
contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that includes a
general annual aggregate limit providing for claims investigation or legal defense costs to
be included in the general annual aggregate limit, the Contractor shall either double the
occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse date.
If insurance is not reinstated, City may, at its sole option, terminate this agreement effective
on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
File # 6766
DocuSign Envelope ID: 6E261535-22AF-4174-A6FB-F5ADCE288D92
• Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractors and property damage
resulting from explosion, collapse or underground (XCU) exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination
of basic and umbrella or excess policies. The policy will include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automobiles and
mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
• any auto, or
• all owned hired and non-owned autos.
[X] Workers' Compensation Insurance
Contractor shall purchase and maintain Workers' Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a$500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation
Commission (TWCC).
[] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be
on an "occurrence" basis and the policy shall be issued by the same insurance company
that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00
combined bodily injury and property damage per occurrence with a$1,000,000.00
aggregate.
[] Fire Damage Legal Liability Insurance
File # 6766
DocuSign Envelope ID: 6E261535-22AF-4174-A6FB-F5ADCE288D92
Coverage is required if Broad form General Liability is not provided or is unavailable to
the contractor or if a contractor leases or rents a portion of a City building. Limits of not
less than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[X] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Environmental Liability Insurance
Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this
contract.
[ ] Riggers Insurance
The Contractor shall provide coverage for Rigger's Liability. Said coverage may be
provided by a Rigger's Liability endorsement on the existing CGL coverage; through and
Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11,
Rigger's Liability Coverage form. Said coverage shall mirror the limits provided by the
CGL coverage
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a"blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than $ each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract
specifications.
File # 6766
DocuSign Envelope ID: 6E261535-22AF-4174-A6FB-F5ADCE288D92
ATTACHMENT 1
[X] Workers' Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate
of authority to self-insure issued by the commission, or a coverage agreement (TWCG
81, TWCG82, TWCG83, or TWCG84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services on a
proj ect, for the duration of the proj ect.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken
to perform on the project, regardless of whether that person contracted directly with
the contractor and regardless of whether that person has employees. This includes,
without limitation, independent contractors, subcontractors, leasing companies, motor
carriers, owner-operators, employees of any such entity, or employees of any entity
which furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing
labor, transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
File # 6766
DocuSign Envelope ID: 6E261535-22AF-4174-A6FB-F5ADCE288D92
2. no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
proj ect and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
L The contractor shall contractually require each person with whom it contracts to
provide services on aproject, to:
l. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the proj ect, for the duration of the proj ect;
2. provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3. provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4. obtain from each other person with whom it contracts, and provide to the contractor:
a. a certificate of coverage, prior to the other person beginning work on the project;
and
b. a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the proj ect;
5. retain all required certificates of coverage on file for the duration of the proj ect and
for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
File # 6766
DocuSign Envelope ID: 6E261535-22AF-4174-A6FB-F5ADCE288D92
materially affects the provision of coverage of any person providing services on the
proj ect; and
7. Contractually require each person with whom it contracts, to perform as required
by paragraphs (1) -(7), with the certificates of coverage to be provided to the person
for whom they are providing services.
By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing false
or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
File # 6766
DocuSign Envelope ID: 6E261535-22AF-4174-A6FB-F5ADCE288D92
Exhibit F
Certif'icate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring
the business entity to file Form 1295 electronically with the Commission.
Contractor will be repuired to furnish a Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The contractor shall:
l. Log onto the State Ethics Commission Website at :
11���s://www.��lucs.s�a��.�x.us/w1la�sn�w/�lf infc� fc�r�n1295.11��
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to �urcllasin�(cr�7,ci�yc�fd�il�c�il.cc�� with the contract number in the subject line.
(EX: Contract 1234 — Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after
Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission's website within seven business days.
File # 6766
DocuSign Envelope ID: 6E261535-22AF-4174-A6FB-F5ADCE288D92
Pricing Proposal
RFP 6766 ROOF REPLACEMENT OF PARKS ANCILLARY STRUCTURES
1 Respondent�S Name: Concord Commercial Services Inc.
z Principal Place of Business (City and State) eolch Springs TX
Respondent is a Corporation, Partnership, sole Proprietorship,
3 Indvidual? Corporation
Total calendar days to mobilize after Notice to Proceed is issued by
4 City (maximum 14 days): 14
Total calendar days after mobilization on site for substantial
5 completion: 72
Total days from Notice to Proceed to Substantial Completion 86
Proposal Pricing:
6 Base Bid amount to construct project per specifications: $305,760.00
7 Payment and Performance Bonds $4,586.40
8 Total Bid amount to construct with bonds $310,346.40
Item #
9
10
11
12
13
14
15
16
17
18
Unit Pricing
QtY
1
1
1
1
1
1
1
1
1
1
UOM Product Description
1 Roof replacement at Denia A
1 Roof replacment at Evers A
1 Roof replacment at Evers B
1 Roof replacment at North Lakes A,B,C
1 Roof replacment at North Lakes D,E,F
1 Roof replacment at North Lakes G
1 Roof replacment at North Lakes H,1
1 Roof replacment at South Lakes A
1 Roof replacment at South Lakes B
1 Roof reolacment at South Lakes C
Unit Price
28,224.00 $
30,576.00 $
18,816.00 $
45,864.00 $
30,576.00 $
69,384.00 $
25,872.00 $
11,466.00 $
22,932.00 $
22.050.00 S
Total Base Bid: � $
Item # UOM Product Description Unit Price
19 BDFT Fascia board $ 13.00
20 SQFT 1/2" Plywood roof decking $ 4.23
21 SQFT 3/4" Plywood roof decking $ 4.55
22 SQFT 1/2" OSB roof decking $ 3.25
Extended Price
28,224.00
30,576.00
18, 816.00
45, 864.00
30,576.00
69, 384.00
25,872.00
11,466.00
22,932.00
22.050.00
DocuSign Envelope ID: 6E261535-22AF-4174-A6FB-F5ADCE288D92
Exhibit H
House Bi1189 - Government Code 2270
VERIFICATION
I� A1 an G reenwood , P res . , the undersigned
representative of Concord Commercial Services,C�pany or Business name
(hereafter referred to as com�an�), being an adult over the age of eighteen (18)
years of age, verify that the company named-above, under the provisions of
Subtitle F, Title 10, Government Code Chapter 2270:
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract the above-named
Company, business or individual with City of Denton.
Pu�suant to Section 2270.001, Texas Gove�nment Code:
1. "Boycott Is�ael " means �efusing to deal with, te�minating business activities
with, o� othe�wise taking any action that is intended to penalize, inflict
economic ha�m on, o� limit comme�cial �elations specifically with Is�ael, o�
with a pe�son o� entity doing business in Is�ael o� in an Is�aeli-cont�olled
te��ito�y, but does not include an action made fo� o�dina�y business
pu�poses; and
2. "Company" means a fo� p�ofit sole p�op�ieto�ship, o�ganization,
association, co�po�ation, pa�tne�ship, joint ventu�e, limited pa�tne�ship,
limited liability pa�tne�ship, o� any limited liability company, including a
wholly owned subsidia�y, majo�ity-owned subsidia�y, pa�ent company o�
affiliate of those entities o� business associations that exist to make a p�ofit.
Alan Greenwood, Pres.
Name of Company Representative (Print)
DocuSigned by:
(i�(A�rL � LGG�u�aa�� �2r/L.
Sig��'�iE��92��`�ompany Representative
5/29/2018
�ate
DocuSign Envelope ID: 6E261535-22AF-4174-A6FB-F5ADCE288D92
Exhibit i
Senate Bi11252 -Government Code 2252
CERTIFICATION
I Alan Greenwood, Pres.
�
the undersigned
representative Of Concord Commercial Services, Inc.
(Company or business name) being an adult over the age of eighteen (18) years of
age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and
Section 2252.153, certify that the company named above is not listed on the
website of the Comptroller of the State of Texas concerning the listing of
companies that are identified under Section 806.051, Section 807.051 or Section
2253.153. I further certify that should the above-named company enter into a
contract that is on said listing of companies on the website of the Comptroller of
the State of Texas which do business with Iran, Sudan or any Foreign Terrorist
Organization, I will immediately notify the City of Denton's Materials
Management Department.
Alan Greenwood, Pres.
Name of Company Representative (Print)
DocuSigned by:
(i�(A�rL LGG�u�aa�� �2r/L.
Sig �,���9��i11pany Representative
5/29/2018
�ate
Certificate Of Completion
Envelope Id: 6E26153522AF4174A6FBF5ADCE288D92
Subject: City Council Docusign Item - 6766 Roof Replacement of Parks Ancillary Structures
Source Envelope:
Document Pages: 83 Signatures: 4
Certificate Pages: 6 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original
5/29/2018 9:15:57 AM
Signer Events
Jamie Cogdell
jamie.cogdell@cityofdenton.com
Senior Buyer
City Of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Alan Greenwood, Pres.
p roj ects @ ccs i n ctx. co m
President
Concord Commercial Services, Inc.
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 5/29/2018 2:11:21 PM
ID:61c38dfb-43ce-483a-8cce-466ff61b451c
Larry Collister
larry.col lister@cityofdenton.com
First Assistant City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 9/26/2017 2:27:28 PM
ID:01f5f868-f109-4e29-ad49-21db9046c882
Tabitha Millsop
tabitha.millsop@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Hileman
todd.hileman@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Holder: Jamie Cogdell
Jamie. Cogdell @cityofdenton.com
Signature
� pl�t�
Using IPAddress: 129.120.6.150
�DocuSigned by:
Q�,n �u���l, �i�.
181'IDD2509A542D...
Using IPAddress: 72.47.152.13
oo��s�yoea ny:
� Ca(�sf�r
38A6D90FD93B4AB...
Using IPAddress:47.190.47.120
����,
�
��������
Status: Sent
Envelope Originator:
Jamie Cogdell
901 B Texas Street
Denton, TX 76209
Jamie.Cogdell@cityofdenton.com
IP Address: 129.120.6.150
Location: DocuSign
Timestamp
Sent: 5/29/2018 9:33:14 AM
Viewed: 5/29/2018 9:33:26 AM
Signed: 5/29/2018 9:36:04 AM
Sent: 5/29/2018 9:36:06 AM
Viewed: 5/29/2018 2:11:21 PM
Signed: 5/29/2018 2:15:22 PM
Sent: 5/29/2018 2:15:26 PM
Viewed: 6/11 /2018 10:13:35 AM
Signed: 6/11/2018 10:14:00 AM
Sent: 6/11/2018 10:14:03 AM
Signer Events
Accepted: 7/25/2017 11:02:14 AM
I D: 57619fbf-2aec-4b 1 f-805d-6bd7d9966f21
Jennifer Walters
jennifer.walters@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jennifer Bridges
jennifer. bridges@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Craig Arrington
craig.arrington@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Notary Events
Envelope Summary Events
Signature
Signature
Status
Status
Status
Status
Status
Signature
Status
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 5/29/2018 2:15:25 PM
Timestamp
Timestamps
Envelope Summary Events
Envelope Sent
Status
Hashed/Encrypted
Payment Events Status
Electronic Record and Signature Disclosure
Timestamps
6/11/2018 10:14:03 AM
Timestamps
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Alan Greenwood, Pres., Larry Collister, Todd Hileman
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
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How to contact City of Denton:
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
���,� I�Illlll�uuuuuuu��ii www.cityofdenton.com
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Legislation Text
File #: ID 18-971, Version: 1
AGENDA CAPTION
Consider adoption of an ordinance releasing, abandoning, and vacating (i) a 0.333 acre portion of public utility
easement granted to the City of Denton by Bel Air Development, LTD., a Texas limited partnership, recorded as
Instrument No. 2003-083075, Real Property Records, Denton County, Texas, and (ii) releasing, abandoning,
and vacating a 1.459 acre portion of a public drainage easement granted to the City of Denton by Bel Air
Development, LTD., a Texas Limited Partnership, recorded as Instrument No. 2003-083076, Real Property
Records, Denton County, Texas; providing for severability and an effective date.
City of Denton Page 1 of 1 Printed on 6/15/2018
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__ City of Denton
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� Denton Texas
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www.cityofdenton.com
DEPARTMENT:
AGENDA INFORMATION SHEET
Capital Proj ects
CM/ DCM/ ACM: Mario Canizares
DATE: June 19, 2018
SUBJECT
Consider adoption of an Ordinance releasing, abandoning, and vacating (1) a 0333 acre portion of public
utility easement granted to the City of Denton by Bel Air Development, Ltd., a Texas limited partnership,
recorded as Instrument No. 2003-083075, Real Property Records, Denton County, Texas, and (2) releasing,
abandoning, and vacating a 1.459 acre portion of a public drainage easement granted to the City of Denton
by Bel Air Development, Ltd., a Texas limited partnership, recorded as Instrument No. 2003-083076, Real
Property Records, Denton County, Texas; providing for severability and an effective date. (Palladium
Denton Addition —partial easement abandonments)
BACKGROUND
Bel Air Development, Ltd., a Texas limited partnership "Developer", has made a formal request for the
City of Denton to partially abandon a 033 acre tract of an existing 0.37 acre Public Utility Easement and
partially abandon a 1.459 acre tract of an existing 3.85 acre Drainage Easement as it affects its property
located at the northeast corner of Sherman Drive and Poinsettia Boulevard. The Developers property is the
planned development is known as Lot 1 Block A, Palladium Denton Addition.
The Developer will be relocating the affected water line within the Public Utility Easement to address the
waterline and easement encumbrance with its planned private improvements. When the waterline is
relocated it would then become privately owned by the Developer. Since the waterline will become private
and is being relocated, a section of the existing public utility easement will no longer be required.
The original Drainage Easement that is being requested for a partial abandonment is temporary in nature.
It was conveyed to accommodate the minor grading of the land for storm water runoff until future
development. Because the new drainage improvements of the Development will address the storm water
runoff of the site, a portion of the drainage easement is no longer required.
The planned development has been reviewed and approved by the Development Review Committee. The
construction plans for the planned development have been reviewed and approved by City Engineers. Staff
recommends the partial abandonment of the existing Public Utility Easement and Drainage Easement.
Staff performs an analysis on the request for abandonments as follows:
■ Is the easement tract requested for abandonment considered "excess easement"?
■ Does the easement tract requested for abandonment have a continued public use?
■ Is it the best interests of the general public to abandon the government's rights in the subject
abandonment tract?
■ Would the granting of this request establish a precedent for future abandonment requests?
Staff findings on this analysis are as follows:
1. The requested Utility and Drainage Easement abandonment tracts fit the criteria of "excess easement."
Excess easement is defined as: Property rights acquired or used by the City for easement subsequently
declared excess (not needed for any public project, the continuation of operation and maintenance of
public facilities, and/or no foreseeable utility application in the future).
2. The Utility and Drainage easement abandonment tracts are not slated for utilization for any future Public
facilities.
3. The Utility and Drainage easement abandonments are in the public's best interests, because the areas
for the subject abandonments are no longer needed by the general public and the area encumbered is
freed up for other uses.
4. This abandonment will not set a precedent, because the above three standards have been met.
OPTIONS
1. Approve the proposed Ordinance.
2. Decline to approve the proposed Ordinance.
3. Table for future consideration.
RECOMMENDATION
Staff recommends approval of the Ordinance.
ESTIMATED SCHEDULE OF PROJECT
Late summer of 2018.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Development Review Committee recommended approval of the subject Easement Abandonments on May
9, 2018.
FISCAL INFORMATION
All costs associated with the waterline and drainage system improvements are being born by the
Developer.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
1. Agenda Information Sheet
2. Location Map
3. Site Map
4. Applicant proj ect narrative letter
5. Ordinance
Respectfully submitted:
Paul Williamson
Real Estate Manager
Prepared by:
Mark A. Laird
Real Estate Analyst
LOCATION MAP Exhibit 2 to AIS
Palladium Denton Addition
Easement abandonment request
Partial Abandonment of 16' Public Utility
Easement & 100' Drainage Easement
2,500 1,250 0 2,500 5,000 7,500
Feet
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April 23, 2018
Mark Laird
City of Denton
Development Services Center
215 W. Hickory Street
Denton, Texas 76201
Re: Sherman Drive Apartments (PP17-002�
Easement Abandonment Request
Dear Mr. Laird:
�. ����.����� �:����� „�.�����
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EXHIBIT 4 TO AIS
Attached please find our easement abandonment request for two existing easements
located at the northeast corner of Sherman Drive and Poinsettia Drive. We are
requesting to abandon a portion of the existing 15' Water Easement and a portion of the
existing 100' Drainage Easement on the subject tract. We are requesting to abandon
the piece of each easement which is located on proposed Lot 1, Block A of the
Palladium Denton Addition. The reason for the abandonment is to construct a 150-unit
apartment complex on the 7.3-acre property. Based on the field survey, it appears there
is an existing 8" water line located inside the existing 15' water easement. This is based
on field located water valves. However, through discussion with City of Denton
Engineering Staff, they have determined the easement is not needed to serve the
property or adjacent properties with water service. The 100' Drainage Easement is in
place for an existing grade to drain drainage swale. As part of the proposed
development, underground storm sewer will be extended to provide drainage to the site
and to the properties upstream of the site. With the construction of the underground
storm sewer, the grade to drain swale will no longer be required. The Owner wishes to
start construction if May of this year.
Please contact me if you have any questions or concerns or need any additional
information. „�
Sincerely,
CROSS EN
�ian D. Hake, P.
President d
CONSUL��NTS, INC.
ORDINANCE NO.
AN ORDINANCE RELEASING, ABANDONING, AND VACATING (i) A 0.333 ACRE
POR"I'ION OF PUBLIC UTILITY EASEMENT GRANTED TO THE CITY OF DENTON BY
BEL AIR DEVELOPMENT, LTD., A TEXAS LIMITED PARTNERSHIP, RECORDED AS
INSTRUMENT NO. 2003-083075, REAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS, AND (ii) RELEASING, ABANDONING, AND VACATING A 1.459 ACRE PORTION
OF A PUBLIC DRATNAGE EASEMENT GRANTED TO THE CITY OF DENTON BY BEL
AIR DEVELOPMENT, LTD., A TEXAS LIMITED PARTNERSHIP, RECORDED AS
INSTRUMENT NO. 2003-083076, REAL PROPERTY RECORDS, D�NTON COUNTY,
TEXAS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") is the holder of the following easernents:
(i) a 0.37 acre public utility easement granted by Bel Air Development, Ltd., a
Texas limited partnership (`Bel Air"), dated May 28, 2003 and recorded as Instrument No. 2003-
083075 of the Real Property Records, Denton County, Texas (the "Utility Easement"); and
(ii) a 3.86 acre public drainage easement granted by Bel Air, dated May 28, 2003
and recorded as Instrument No. 2003-083076 of the Real Property Records, Denton County, Texas
(the "Drainage Easement") (the Utility Easement and Drainage Easement collectively referred to
herein as the "Easements"); and
WHEREAS, Bel Air has represented to the City it is the owner of the property subject to
the Easements; and
WHEREAS, Bel Air has requested the City release, abandon, and vacate a 0.333 acre
portion of the Utility Easeinent; and
WHEREAS, Bel Air has requested that the City release, abandon, and vacate a 1.459 acre
portion of the Drainage Easement; and
WHEREAS, the recently approved planned water system and drainage improvements
associated with the Palladium Denton Addition supersede the necessity of the of those portions of
the �asements petitioned for formal abandonment; and
WHEREAS, the City staff reviewed the request of Bel Air, determined that portions of the
Easements are no longer necessary, and recommends the Utility Easement and Drainage Easemen�
both be partially released, abandoned, and vacated as specified herein; and
WHEREAS, the City Council of the City of Denton finds it is in the public interest to
partially release, abandon, and vacate portions of the Easements; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. 'I'he recitations and finding set %rth above are incorporated by reference.
SECTION 2. The following Easements held by the City of Denton are partially released,
abandoned, and vacated, to-wit:
A. That certain 0.333 acre portion out of the 0.37 acre Utility Easement cited herein, being
further described and depicted in Attachment 1, attached hereto and made a part hereof;
and
B. That certain 1.459 acre portion out of the 3.86 acre Drainage Easement cited herein, further
described and depicted in Attachment 2, attached hereto and made a pai•t hereof.
SECTION 3. The City Manager, or his designee, is authorized to execute a release
document evidencing the partial abandonrnent of the Easements, suitable for recordation in the
Real Property Records of Denton County, "Texas.
SECTION 4. Notwithstanding anything to the contrary contained in this ordinance, the
City of Denton retains and reserves any and all easements, rights of way, and any other rights or
interests, other than the Easements released, abandoned, and vacated in Section 2 above, whether
acquired, obtained, owned, or claimed by the City of Denton or public, by, through, or under
conveyance, dedication by plat, or other express dedication, implied dedication, prescription, or
by any other manner or means, in or to lands in which the Easements may cover, encumber,
include, cross, or overlap.
SECTION 5. The provisions of this ordinance are severable, and the invalidity of any
phrase, clause, or part of this ordinance shall not affect the validity or effectiveness of the
remainder of the ordinance.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by and
seconded by , the ordinance was passed and approved by
the following vote � - �:
Chris Watts, Mayor:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Doti Duff, Disti�ict 3:
John Ryan, District 4:
Dalton Gregory, At Large Place 5:
Paul Meltzer, At Large Place 6:
Aye Nay Abstain Absent
Page 2
PASSED AND APPROVED this the day of , 2018.
ATTEST:
JENNIFER WALT�RS, CITY SECRETARY
�
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
�;� � P� ��.
BY: . ��
Page 3
CHRIS WATTS, MAYOR
Attachment 1 to Ordinance
r,��;� i ��r�t
['1?RMANI;N'�' U'CILITY
rASI;MI;N1' AI3ANDONMF,NT
14,�188 Sq. l+t./().333 Ac►�es
Samuel McCracicen Survcy, Abst�•act No. 81'7
City of Denton
llenton County, 'Texas
BF_,1NG a 0.333 acre sh�ip oC lzlnd sit�i�ited in the City of Denton, in the Samuel McCracken
�l�rv<ay, AhstraG�t Nc�. R i 7 c�f' I)c:nt��i� C'��unty, 'l�ext�s ��i1c1 bein� a p�ct of the rem�inder af'
that certain c��lled 94.00 1 acre ti•aci oi' land described in a Spe;cial Wai•ranty Dee:d WitlZ
Vendor's Lien to I3cl Air Develop���ent, Ltd., record�d �» August 19, 1997 in Document
No, 97-R0057088, Deed I�ecords, Denton County, Texas (D.R.U.C."l'.) and being part of
fhat certain 15' wide Public Utility 1?asement c�mveycd to the City of Denton as desccibed
in Vol�une 5342, Page 3709, D.R.D.C.T. and stiid cascn�cnt bein� more particularly
described by metcs & bounds as follows:
COMMI�NCING at a 3/4 inch iron rod ii��md on the southe��sterly right-o(=way li�1e oF L?.
Shcrman Drive (al<a I�'.M. I lighw<iy 428, 100' wide right-oi=way) and said point bein�; ihc
we;sterly northwest corner of'the above described 94.061 aci•e 13e1 f\ir tiact a�1ci same bci�lg
the southwesterly corner ��1� that certain called 10,00 aere t�ract of land described in a deed
to "funa 288, 1,.1'., recorded in Document No. 2009-12106, D.IZ.U.C."I'.;
TI II�NCI�: Sout1129 deg. 06 min. 43 scc. W�st, alon�; tlie co�i�mon liile of said ��4.061 �ici•e
tract and 1:. Shei•man Dcive, a distance of' 174.54 feet to the most �vesterly nortllwest corner
of the: ��bove described 15' wic�e Public Utility L;asement for the YOINT UI� I3ECINNING;
'I,I-IENCE: Dcpart�i�lg 1�i•om said E;. S1lerman Drive, ovei• & across said 94.061 acre tract,
alc�ng the i�ortherly line ol'said I S' wide Public Utility E;asement as fi�llows:
South 62 de�. 34 min. 30 sec. l�ast, a distance of203.97 feet io a poini for corner;
South 89 deg. 13 mi��. 2� sec. E<ist, a distance oi'647.61 i-eet to �� poini I�c�r corner;
South 00 deg. 07 min. 26 sec. East, a distance of 98.68 feel to �t poii�t for corner on
a propos�d Iaot I.,ir1e;
"I'I-II;NC1;: Soi�th 30 deg. 07 �l�in. 33 see. West, contintiing across s��id 94.061 �icre tract
�nd aloilg said pcoposeci (�ot Li�1e, a distance ol'29.78 fcct to a point I�or cot•ner;
7�'I-IF?NC.G: Departin�; fi•om s�iid propc�sed Lot Line, ovcr & across said 94.061 aere tract� as
iollows:
North O0 deg. 07 min. 26 sec. West, a distai�ce o1� 109.64 feet to a point tor corner;
North $9 deg. 13 min. 24 sec. West, a diStance o1'G38.62 feet to a point for coi•ner;
North 62 deg. 34 min. 30 sec. West, a distancc of'206.00 icet to a poii�t i�or corner
on the no►-thwesterly line oi's�id 94.0(il ac�•�: Cract and same b�ing th� soutl�easterly ri�;llt-
o(=way li��e oi'thc above me��t�ioned 1�;. Sherma�� Drive;
TFIL;NCI;: North 29 cie�. OG min. 43 sec. Basi, along the common line of said 94.061 acrc
tract� �lnd Sl�e��i��an Boul�vard, a distaf�ce ��(' If�.01 feet to the POIN"I� OF I3EGINNING and
coi�t��iini��g 14,488 square fe�t or 0.333 �icres ot land.
Note:
The Reference Bearing for the above prepared metes & bounds description is referenced to
N 89°13' 24" W along the north right-of-way line of Poinsettia Boulevard and the north line of
Beverly Park Estates, Phase IIi, an addition to the City of Denton, according to the Amending Plat
thereof, recorded in Cabinet W, Page 628, Plat Records, Denton County, Texas.
A Survey Plat of equal date accompanies this metes & bounds description.
Prepared Under My Hand & Sca1,
"T'his 20`�, Day o1' March, 2018.
�
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L,awrence H. Ring(c, , R.'.L.S.
State oi''I'exas, No. 4701
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NT[2MANCNT DKAINA(�L
EASEMCNT AI3AN1)ONMLNT
G3,.5�t�1 Sq. Ft./1.4,59 Acres
Samucl McCracken Survcy, Abstract No. 817
City of Dcnton
Denton County, 'Tex.�s
I3EING a 1.459 acre strip of la�ul situ�ited in the City o�l' Denton, in the Samuel MeGrackctz
Survey, nt�stract No. 817 oi� Dc��toi� C�oimty, 'I��ex�is an�l being a E�art of�the c���iainder of t�hat
certain called 94.061 acre t�act of' land ciescribe�f it1 a Spccial Warranty Deed With Vcndor's
I,ien to Bel nir Development�, Ltd., eecordcci on August 19, 1997 ii� Doctunet�t No. 97-
R0057088, Dced Re;cords, I.)ent<m Gounty, "1'e�as (D.R.D.C.'I'.) and bein�; the west et�d oFthat
c�rtain 100' wide Drlinage E;asemcnt convcyed to t�he City of' Denton as d�scribed in Volume
5342, P���;e 3714, D.I2.D.C.`I'. ai�d said easemeut beiii� morc p�rticularly described by iiletes &
bounds as fo(lows:
COMMGNCING at a 1/2 inch iro�1 rod t��und on the east line of the ab��ve described 94.061 acre
tract foa• the soutlleast corner oi'the above described 100' wicie Drainage L;aseme»t and same
bcing the northeast corner of Beverly Park I��states, Phase III, an addition to the City of llenton,
according to the ameilding plat ihereof, recordecl in Cabinet W, Pagc 628, Plat IZecords, Denton
County, "I'exas (P.R.I).C."1'.) and said point alsc� bein� on the north right-oi=way line of Poinsettia
Boulevard (65' wide right-oi=way at tllis point);
TI-I�NCE; North 89 deg. 13 min. 24 sec. West (Rcl�ere�lce Be�riag), along the north linc; ot�said
t3everly Park l:statcs �nd said P<�inset�tia [3ou(evard, a dista��ce oi' 1,046.16 feel to a 1/2 i»ch iro»
rod, topp�d with ti red plastic cap, stamped "[ZNLS 4701 ", 1o4uid t�r th� sc�utlae�st �ori��.i• of ��
}�coposed I.ot �ind the 1'OIN"1� 01' I31�CilNNIN(i of�this hereon �lcscribed tract;
"1,[-II:;NCI-;: North 89 de�;. 13 min. 24 sec. Wcst, continuing along thc nart�h line ol'said f3everly
Park I�;states and Poinseitia �ic�ulev�rci, �i distance oP557.63 I�ecl to a 1/2 inch i►•c�n rod, tapped
with �i red plastic eap, stamped '`RPL�S 4701 ", fo�md for eorncr at the begin»ing of a curve t� the
ri�ht, having a radius of 370.00 l�eet, a cei�tcal an�le ot' 13 dcg. 51 min. OS sec. and a chord that�
bcars Noi•th 82 de�. 17 �nin. 53 sec. West — 89.23 feet;
TI-IENCI;: Gortltinuing along the north cigl�t-ot-way line oY said Pt�insettia BoL�levard and with
said c�irve to the righi, �t an arc distance oi� 89,45 feet to a point Por the southwest corner oi's�id
Draitlage Ease�nent;
THI;NCI;: Noi•th l4 deg. 37 min. 40 sc;c. I;ast, depai•ting irom said Poinsettia l3oul�vard, over &
across said 94.061 ��cre iract, alon�; the west liilc oi'said 100' wide Di•aina�e G��semcnt, a
disiance oi' ] 00.00 teeC to a poi»t Por the northwest corner of'said easement aild said �oint being
on a non-tangcnt curvc lo thc leit, havin� a radi��s ��f 270.00 feet, a cenU•al angle aC 13 dc�. 51
min. OS sec. antl a chot•d t}�at bear•s South 82 deg. 17 min. 53 s�c. l��ast —(i5.1 1 feet;
TNI�NCI:: Cot�tinuing across said 94.00il acre t��act, along the north linc ��1�said Drainagc
Lasement and with said curve to the 1e11�, an arc distance of G5.27 Feei to a��oint i�or co��ner at the
end oi'saici c�u•ve;
"1'H1=;NC�L: South 89 deg. 13 min. 24 sec. �ast, continui�l�; across said 94.061 acre tract, along
th�: north line of�saicl Dr�inage l;asement, a distance o1'S6C.58 ie�t to a point for the northeast
ec�ri�cr o1� this tract, on the cast line of a proposed I,ot�;
TI-II;NCI�: South 30 cle�. 07 min. 33 sec. Wcst, �zlot�g the east line of said proposed Lot, a
distance ol� 19.54 feet t�� a point for an �ingle corner;
TI-IF,NCI:: South 00 deg. 20 min. 39 sec. West, contimaing �long thc cast line of said proposed
Lot, a distance o1'82.97 feet to thc POIN"1' OF BF3GtNNING and containi��g 63,544 square feet
o�• 1.459 acres of land.
Note:
The Reference Bearing for the above prepared metes & bounds description is referenced to
N 89°13' 24" W along the north right-of-way line of Poinsettia Boulevard and the north line of Beverly Park
Estates, Phase Iil, an addition to the City of Denton, according to the Amending Plat thereof, recorded in
Cabinet W, Page 628, Plat Records, Denton County, Texas.
A Survey Plat of equal date accompanies this metes & bounds description.
Prepared Und�r My Hand & Scal,
"I'his 20`�' I)ay of' March, 2018.
/
i �
.�--- ,
La��+rence H, Rin�ley, K.P.I�.S.
Staie oi"I'exas, No. 4701
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
���,� I�Illlll�uuuuuuu��ii www.cityofdenton.com
��������'���
Legislation Text
File #: ID 18-1003, Version: 1
AGENDA CAPTION
Consider approval of a resolution re-appointing a member to the Board of Directors of the Texas Municipal
Power Agency, a Joint Powers Agency, representing the City of Denton, Texas; and declaring an effective date.
City of Denton Page 1 of 1 Printed on 6/15/2018
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
__ City of Denton
�_ — _ city xall
`�t� Illllllllllllllll�l�uuuuuul�l�ll 215 E. McKinney Street
� Denton Texas
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www.cityofdenton.com
DEPARTMENT:
AGENDA INFORMATION SHEET
Denton Municipal Electric
CM/ DCM/ ACM: Todd Hileman
DATE: June 19, 2018
SUBJECT
Consider approval of a resolution re-appointing a member to the Board of Directors of the Texas Municipal
Power Agency, a Joint Powers Agency, representing the City of Denton, Texas; and declaring an effective
date.
BACKGROUND
Bill Cheek has served as one of the two Directors appointed by the City of Denton to the Texas Municipal
Power Agency (TMPA) for the last two years. His term will expire July 18, 2018.
Mr. Cheek has served on the TMPA Board of Directors with distinction and it is recommended that he be
reappointed to another two year term.
The term for which he is re-appointed will commence effective July 18, 2018 and end on July 18, 2020.
Pursuant to concurrent Ordinance No. 75-22, TMPA requires that a resolution be passed by each member
city that supports the nomination of a Director to the TMPA Board of Directors.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Bill Cheek was originally appointed to the TMPA Board in July 2010.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 2.3 Promote superior utility services and City facilities
EXHIBITS
1. Agenda Information Sheet
2. Resolution
3. 1975-022
Respectfully submitted:
George Morrow
DME General Manager
Prepared by:
George Morrow
DME General Manager
s:Ale�al\our daeuments\resaluti«a�s\l fi\1'rnp� bc�d clseuk.dac�x
R,ESOLUTIC71'�1 �O.
A RES(7LIJTION RE-A.I'F't7II�1TINCr /� MEME3I;R TO THE 8C7ARI7 C7F 171RECTCJRS C7F TF-IE
TE�AS MLTI�IICII'AL P(7WL;R. AGENC'�', A JC)INT �'C7WERS AG�;NCY, REPRESF;NTI:I'�G
THF CITY OFi DENT(7N, TEXAS; ANI� PR(7VII71NG AN EFFEC�TIVE DATF.
W�-IER�AS, the term of oi�ice c�f Eiil� Gheek, as a member ofthe L�oard c�f L7irectc�rs ciftk�e
T�xas Municipal Power A�;ency �✓il� �xpire on Jr��ly 18, 201$; and
WI IER',.EAS, t�e City C�c�uncil c7f the City of Dc;ntc�s�, ai�ter due consideration, has selectec�
Bill Cheek fc�r re-appoixxtznent fiar another two-ycar terix� to tl�e Te�as Municipa� Power A�ency
Baard �fDirectors, wlzich positian he ��as he]d wit�l� di�t�inctaon; atid
WI-IEREAS, the Citv Council 1ze�•eby re-appoin:ts Flill C�heek as a member of the Texas
Municipal Power A�ency I3oard of Directc]rs; NC7W, 'I,NF;'R.CFOR:E,
�"gIE C�(7�UNCIL C1F THE CIT'Y OFa I�I��,T�1TQI'� HE�1�EE3�i' RES(7LVLS:
S�CTItJN 1. Pursu�.nt tc� the ter�ns and provisians o1' concurrent Ordinance Nc�. 75-22 c,f
the City of' De��tc�n, Texas, £3ill Cheel� is hereby a�a�c�i�zt�d to a�� additianal t:wo-year ter•m af c��f:ice
as a I�iz•ectar r�pres�nting Dentai� c�n the £3c�ard c�fDirectc�rs c�fthe 7'exas ?Vlur�icipal P�we�• A�ency,
his term c�f afiice k�e�inning July 18, 2Q 18 and e�7ding Ju1y 18, 2020,
S�;CTION 2. Eff�ctive I)ate.
This Resolution shall laecome effectiv�; in�mediately u�on its passa�e and ap�arc�vai.
Z"he matian ic� apprcrwe this Resalutiai� was made by ancl
secc�r�ded by
the %1lcrwir�� vate [_ - �]
Chris �iatts, Mayc�r:
Gerard Hudspeth, Di�trict 1:
Kee1y Ci. Br�i��;s, District 2:
Uan Duff, District 3:
John Ryanr Di st�ict 4:
Dalton �rego�y, At Lar�e Place 5:
£'�ul M�ltzer, �!�t Lar�e P1ace 6:
tP�e TZesc�lLctic��� was passed and apprc�ved l�y
� � Abstain Al�ser�t
s:elcgal\atKr dacumentstrwsalutia��s418\tmpa bc>d claerk.dc>cx
�ass�,r� ��rr� �I�Pt�ovF,� ���5 tt�� ��y oe , 2al s.
ATTEST:
JENI`�1IFER WALTERS, �'ITY SECRF;TAi2Y
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}3Y: "�� ° �
Page 2
C'I�RIS WATTS, MAYt�R
NO ,5 - ��
AXV ORDINANC� BY TH� CITY COUNCIL OF TI3E CITY OF DENTON� TEXAS, RE-
LATING TO TkIE CREATION OF P. MUNICIPAL POWER AGENCY i3NDER TiiE PRO-
VISIONS OF ARTICLE 1435a, V A T C S, CREATING SUCH AGENCY, DEFIN-
ING ITS BOUNDARIES, MAKING PROVSSSON FOR A BOARD OF bIRECTORS AND
THEIR M�THdD OF 5�L�CTION, PRESCRIBIN� A NAME FOR SUCH AGENCY,
E[VACTINCs OTHER P120VISIONS INCIDENT AND RELATED TO TH� SUBJ�CT AND
PURP03E OF THIS ORDINANCE, AND DECLARTNG AN EMERGENCY
WHEREAS, under the prov�.sa.ons of S B 371, as adopted by the
6�th Sessa.on of the Texas �,egislature, Regular Session, 1975, two
or more qua7.�.fy�ng publ�.c ent�ties are empowered to create a �oint
powers agency (to be known as a Municipal Power Agency) as a seper-
ate municipal aorporat�.on, a political subdsvisYon of the State and
a body politrc and corporate, and
WHEREAS, the incorporated municipalities of Taxas known a� the
City of Bryan, City of Denton, City of GarLand and the City of
Greenville are each an agency or subdiv�s�.on of the State of Texas
so that each is a"public entaty" withzn the mean�ng of that term
as defYned rn Section 2 of Ar�icle 1.435a, V A T C S, and
WHER�7�5, each of the aforesaid publxc entzt�ea is ane which
has the authority to engage in the generat�on af electric en�rgy for
sale to the public (by virtue ofi' the prov�.sions of Title 28, Revised
Civzl Statutes of Texas, 1925, as amended) and on the 8th day of Niay,
1975 (the effecta.ve date of the Senate BilZ hereinabove mentioned)
were engaged in the genera�ion of and sale of electric energy to the
pub 1ic, and
WHEREAS, thzs governing body has heretofore caused notice of
its �nt�nt�on to aflopt this ordinance (to provide for the creation
of a Muri�cipal Power Agency) to be published once a week for two con-
secutive weeks, the date of the first publication to be at least
faurteen (14) days prior to the date set for the passage of this con-
current ord�nance, and
WHEREAS, prior to this date (the date es�abl�shed in this afore-
said notice as the date for tk►e passaqe of this ordinance), no peti-
tion signed by ten peraent (10�) of the qualrfied electors of thas
City has been submitted to any official of this City requesting
that a referendum election be called on the questron of whether
this or��nance shouZd be passed and adopted, and
WH�REAS, zt is now proper for this governing body to proceed
with the passage of this ordinance
NOW� THEREFORE, THE CITY COUNCIL pF THE CITY OF DENTON, TEXAS,
HEREBY QRDAINS
SECTION I
The recitals contained in the preamble hereof are found to be
true and are adopted as findings of fact by th�s govern�ng body
SECTION II
Th�t �his governing body, in con�unction with the governing
body of the remaining pub].ic ent�.taes mentianed in the preamble
hereof, do by this cnncurrent ordinance hereby establish and c�eate
a Mt�nicipal Power Agency, without taxing power, and such Agency
an d
(a) sha11 be known as the "Texas Municipal Power Agency",
(b� shall have boundars.es which include the territory within
the corpora�e limits of the Cities of Bryan, Den�.on, Garland and
Greenville, and
(c) shall be governed �y a Board of Directors cons�sting of
eight (6) persons, who shall serve by pZaces
SECTION ITI
The initial term of office of the Directors (calculated from
the dat� of the passage of this ord�nance) and the governing body
of the particular publzc entity who may appoint such Director to
fill each place, shall be as follows
PLACE
NU�1BE R
1
2
3
�
5
6
7
8
INITIAL
TERM
One Year
Two Yea�s
One Year
Two Years
One Year
Two Years
One Year
Two Years
AFPOINTING
PUBLIC ENTITY
City af Bryan
City of Bryan
City of Denton
City of benton
City of Garland
City of Carland
City of Greenville
City o� Greenville
Successors in office (for each piace) shall be apgointed by the
governing body of the pul�lic entity appointing the initial direc�or
for such place for a term af two years Vacancies in office in
each place shall be filled for the unexpired term by the governing
body of the public entity which originally filled such position
SECTION IV
In accordance with Section 4a of Article 1435a, V A T C S the
right is reserved by this governing body to �oin with other public
entities specified sn Section TY hereof to provide ior th� re-creat�on
of such power agency by the addition and deletion, either or both, of
a public entzty so long as there is no impairment of obliga�ion o£ any
exzst�ng obligation of the Agency
SECTION V
That the public importance oi this measure and the fact tY�at it
is to the best interest of the City to create a Municipal Power Agency
under the provisions of Article 1435a, V A T C S, at the earlrest
possible date constitutes and oreates an emergency and an urgent
public necessrty, requiring that any rule providing for ordinances
to be read more than one time or at more than one meetzng of the C�ty
Council be suspended, and requ�r�ng that this ordinance be passed and
take effect as an emergency measure, and any such rules or provisions
are accord�ngly suspended and this ordinance is passed as an emer-
gency measure, and shall take ef�ect and be in full �orce from and
after its passage
PAS3EA ANA APPROVED thrs the 18th day of Ju1y, A D 1975
�
.
TOM D JES J�`, MAYOR
CITY pF DEN , T AS
ATTEST
�� ���s;v��`�`�
��t�Of�S OLT, C�TY SECRETARY
ITY OF DENTON� TEXA$
APPROVED AS TO iEGAL FORM
�sr+tiG � ��i�'_
PAUL C ISHAM, CTTY ATTORNEY
CITY OF DENTON, TEXAS
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BY Deputy
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City of Denton 215 E. McKinney St.
Denton, Texas 76201
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Legislation Text
File #: ID 18-940, Version: 1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a Professional Services Agreement with Nelson + Morgan Architects,
Inc., for Architectural Design Services for renovation of Service Center and 651 Mayhill as set forth in the
contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6748-
Professional Services Agreement for Architectural Design Services awarded to Nelson + Morgan Architects,
Inc., in the not-to-exceed amount of $918,402.53). The Public Utilities Board recommends approval (6-0).
City of Denton Page 1 of 1 Printed on 6/15/2018
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
� City of Denton c�� H��
`�a�'� Illlll�iluuiuuui�i�lll �u 215 E. McKinney Street
'���+; '���� Denton, Texas
www.cityofdenton.com
DEPARTMENT:
CM:
DATE:
SUBJECT
AGENDA INFORMATION SHEET
Materials Management
Todd Hileman
June 19, 2018
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a Professional Services Agreement with Nelson + Morgan
Architects, Inc., for Architectural Design Services for renovation of Service Center and 651 Mayhill as set
forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ
6748- Professional Services Agreement for Architectural Design Services awarded to Nelson + Morgan
Architects, Inc., in the not-to-exceed amount of $918,402.53). The Public Utilities Board recommends
approval (6-0).
Staff is seeking approval of an architectural services contract to design the improvements to the Denton
Service Center and the building located at 651 Mayhill Road to house the Traffic Operations and Materials
Management.
In February and March 2018, staff presented to the City Council and Public Utilities Board respectively
about the needs for operations space at the Service Center. Staff presented options for the Council and PUB
to consider and seek direction on how to proceed. At the conclusion of both meetings, staff was directed to
seek proposals from an architectural firm to develop a design/architectural scope to renovate and expand
the Service Center and move Traffic and Materials Management to 651 Mayhill.
Service Center:
The City of Denton Service Center was originally constructed in 1980 and has had minor renovations and
expansions over the years resulting in the current size of 70,515 square feet. Constructed almost 40 years
ago, the population of Denton was just over 48,000 and the total service area was 32.8 square miles. Over
the last 40 years, the population of Denton has grown to an estimated 137,000 residents and the service area
to 98.8 square miles.
The Service Center campus has a number of facilities and functions which include Fleet Services, Traffic
Operations, vehicle storage, and material storage. The Service Center building primarily houses
administrative offices for Engineering, Water Distribution, Water Metering and Cross Connection Control,
Wastewater Collections, Drainage, Materials Management, Park Maintenance, Utilities Safety and
Training, Radio Communications, and the Street Department. Of the 70,515 square feet, approximately
30,000 square feet of this is allocated to a warehouse area for Purchasing Materials Management use and is
not currently available for staff or administrative expansion.
Space at the Service Center is very limited. For example, breakrooms, shop spaces, and garage bays have
been converted to administrative space. The Service Center is over capacity, as the facility initially housed
110 employees when constructed in 1980 and currently houses over 250 employees at present time. There
is poor accessibility for the public, inadequate restroom facilities, and there is not enough parking for
customers or employees.
Traffic Operations:
The building which houses the City's Traffic Operations was built in the 1960s and originally served as the
Denton Animal Shelter. Traffic Operations moved into the 4,000 square foot building in the mid-1980's
after the Animal Shelter relocated to its then-new facility off of S. Woodrow Lane (the facility now serves
as the Monsignor Outreach Center). The Traffic Operations Building with a staff count of 9 is currently too
small and does not allow for any expansion. In addition, there are minimal amounts of technology present
in the building and therefore a state-of-the-art control center is not an option.
As part of the 2014 Bond Election, $1,500,000 was dedicated for the construction of a new Traffic
Operations facility. In 2016, probable costs for the proposed 10,000 square foot facility totaled $2,200,000
and still lacked certain site improvements needed to make the site effective. As a result, the project was put
on hold in an effort to reassess options and stay within budget.
651 Mayhill Road:
The City of Denton Solid Waste Department owns a large storage facility located at 651 MayhilL It was
originally constructed as a warehouse for the Federal government providing 81,000 square feet of enclosed
space on approximately five acres. The utilization of the 651 Mayhill building at Solid Waste was
reevaluated and was recently identified as a cost-effective option to move the Purchasing/Materials
Management and Traffic Operations. By moving these operations, Materials Management would occupy
61,000 square feet and Traffic would occupy 10,000 square feet. This would leave approximately 10,000
square feet for future expansion as needed.
By moving these operations to 651 Mayhill it will provide the following:
o Admin and larger warehouse space for Materials Management
o Materials could be stored in an indoor environment
o Provides a better utilization of available space
o Provides for desperately needed work and administrative space for Traffic
o Allows for full deployment of a traffic operations center
o Forgoes ground-up construction and quicker interior finish out and move-in
Once the operations are moved to 651 Mayhill it will vacate 30,000 square feet at the Service Center and
would provide for additional space for expansion and renovation to meet the current and future service
demands of the community.
Request for Qualifications (RFQ) for professional architectural design services was sent to 290 prospective
firms. In addition, the RFQ was placed on the Materials Management website for prospective respondents
to download, and advertised in the local newspaper. Seven (7) statement of qualifications (SOQ) were
received. The SOQs were evaluated based on published criteria including identification and understanding
of the City's requirements, past performance and experience, qualifications of key personnel, and schedule
to complete tasks. Based upon this evaluation, the recommended award is to Nelson + Morgan Architects,
Inc. and is determined to be the most qualified firm for the City.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
January 30, 2018 - Bond Oversight Committee approved application of $1,500,000 of bonds to be utilized
for the finish out/construction of a Traffic Operations Facility at 651 Mayhill, (5-0).
February 13, 2018 — City Council Work Session — Municipal Facilities Update regarding the Service Center
and Transportation Operation Building. City Council gave direction for Staff to seek and select an
architectural firm for the design of these City facilities.
March 26, 2018 — Public Utilities Board Work Session — Municipal Facilities Update regarding the Service
Center and Transportation Operation Building. Public Utilities Board gave direction for Staff to seek and
select an architectural firm for the design of these City facilities.
On June 1 l, 2018, the Public Utilities Board (PUB) recommended this item to the City Council for
consideration.
RECOMMENDATION
Award a contract with Nelson + Morgan Architects, Inc., for Architectural Design Services for the
renovation of the Service Center and 651 Mayhill Road in the not-to-exceed amount of $918,402.53.
PRINCIPAL PLACE OF BUSINESS
Nelson + Morgan Architects, Inc.
Denton, Texas
ESTIMATED SCHEDULE OF PROJECT
This project will be started in late June 2018. The construction bidding for 651 Mayhill will commence in
October 2018, with a bid award by City Council in December 2018. Construction would begin in December
2018/January 2019 with a completion date by May 2019.
The construction bidding for the Service Center will commence in February 2019, with a bid award by City
Council in Apri12019. Construction would begin in April with a completion date by December 2019.
FISCAL INFORMATION
These services will be funded from Traffic Operations account 100254467, in the amount of $134,920,
Materials Management account 100254595, in the amount of $229,570 and Service Center account
100255469, in the amount of $553,912.53.
Estimated Project Budget (which includes design, construction, furniture, fixtures, and equipment):
-Relocation of Purchasing & Materials Management to 651 Mayhill: $3,368,640
-Construct/finish out Traffic Operations Building at 651 Mayhill: $2,178,000
-Renovate/Expand Service Center: $8,898,546
Service Center
General Government: 50%
DME 15%
Drainage 11 %
Water 14%
WW 10%
Total Expense
$4,410,281
`�u"�,�� 1 �p,i °°� �
$1,313,777
$987,376
$1,282,751
$904,361
Where is Fundin� Comin� From?
$500,000 from Operations CIP-
�°d��r c���n u��ti¶�����;�; �:ur° � �ll" ���������;�
Operations funding in CIP
Operations funding in CIl'
Operations funding in CIl'
Operations funding in CIP
651 Mavhill Road
Traffic: 39%
Materials Mgmt.: 61 %
100%
Total Expense
$2,178,000
`�u��7`�,�p�p�p
$3,368,640
$5,546,640
Desi�n proUosal:
Traffic Operations: $134,920.00
Materials Management: $229,570.00
Service Center: $548,912.53
Reimbursable Expenses: $5,000.00
Total: $918,402.53
STRATEGIC PLAN RELATIONSHIP
Where is Fundin� Comin� From?
$1,500,000 GOs —
�°d��r ���n ���ti¶�����;�; �:ar° � �ll°" ���������;�
$3,368,640 Solid Waste COs — 20 year
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 1.1 Manage financial resources in a responsible manner
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Evaluation
Exhibit 3: Contract
Exhibit 4: Project Budget Sheets
Exhibit 5: Staff Presentation
Exhibit 6: Ordinance
Respectfully submitted:
Karen Smith, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Mario Canizares at 940-349-8535
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Docusign City Counci) Transmitta) Coversheet
RFQ 6748
File Name Mayhill Building and Service Center Design
Purchasing Contact Jamie Cogdell
City Counci) Target Date �une 19, zols
Contract Value 91s,402.53
Piggy Back Option No
Contract Expiration
Ordinance
DocuSign Envelope ID: 07BFACEO-2A47-4F39-9A10-950540CC66FA
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
FILE 6748
THIS AGREEMENT is made and entered into on , 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 Nelson +
Mor�an Architects, Inc., with its corporate office at 2717 Wind River Lane, Suite 230, Denton, Texas
76210 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 5, in connection with the Project. The Project shall include,
without limitation, (describe the Project in the space below or in an attachment)
SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional a total not to exceed amount of $918,402.53
21 BASIC SERVICES
211 For Basic Services the total compensation shall be $836,482.53
21.2 Progress payments for Basic Services shall be paid in the following percentages for of the
total compensation for the Basic Services satisfactorily completed at the end of the following phases
of the Project:
Schematic Design Phase 30%
Design and Development Phase 20%
Construction Documents Phase 30%
Permit Approval 5%
Construction Administration Phase 15%
2.2 SUPPLEMENTAL SERVICES
2.21 Compensation for Supplemental Services shall be $76,920.00
Page 1
DocuSign Envelope ID: 07BFACEO-2A47-4F39-9A10-950540CC66FA
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1_2 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 $5000 without the
prior written approval of the Owner.
SECTION 3
INVOICES
Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney
St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract administrator as
identified in the Notice to Proceed. It is the intention of the City of Denton to make payment on
completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual
circumstances arise. Invoices must be fully documented as to labor, materials, and equipment
provided, if applicable, and must reference the City of Denton Purchase Order Number in order
to be processed. No payments shall be made on invoices not listing a Purchase Order Number.
SECTION 4
Certif'icate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the Design
Professional submits a disclosure of interested parties (Form 1295) to the City at the time the Design
Professional submits the signed contract. The Texas Ethics Commission has adopted rules requiring
the business entity to file Form 1295 electronically with the Commission.
Desi�n Professional will be repuired to furnish a Certif'icate of Interest Parties before the
contract is awarded, in accordance with Government Code 2252.908.
The contractor shall:
l. Log onto the State Ethics Commission Website at :
11���s://www.��lucs.s�a��.�x.us/w1la�sn�w/�lf infc� fc�r�n1295.11��
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to �urcllasin�(cr�7,ci�yc�fd�n�c�il.cc�� with the contract number in the subject line.
(EX: Contract 1234 — Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council
award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's
website within seven business days.
Page 2
DocuSign Envelope ID: 07BFACEO-2A47-4F39-9A10-950540CC66FA
SECTION 5
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
Exhibit 3- House Bi1189 — Government Code 2270 Verification Form
Exhibit 4- Senate Bi11252 — Government Code 2252 Certification Form
The parties agree to transact business electronically. Any statutory requirements that certain terms be
in writing will be satisfied using electronic documents and signing. Electronic signing of this document
will be deemed an original for all legal purposes.
This Agreement is signed by the parties hereto effective as of the date first above written.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
DocuSigned by:
BY: �.aV1''� �b�,iS{�t,V'
38A6D90FD93B4AB...
CITY OF DENTON
:
TODD HII,EMAN
CITY MANAGER
DESIGN FIIZM
DocuSigned by:
BY: a�, r�,sbw
Firm's ��icer�'epresentative
(Signature)
2018-351041
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
Page 3
DocuSign Envelope ID: 07BFACEO-2A47-4F39-9A10-950540CC66FA
CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
Ll The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "AgreemenP� and proposal (the "Proposal") to which these
General Condiiions are aiiached) performed by ihe Archiieci or Bngineer (hereinafter called ihe "Design Professional'� or Design Pmfessional's employees and consulianis as
enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services").
1.2 The Design Professional will perform all Services as an independeni coniracior io ihe prevailing professional siandards consisieni wiih ihe level of care and skill ordinarily
exercised by members of ihe same pmfession currenily praciicing in ihe same locality under similar conditions, including reasonable, informed judgmenis and prompi iimely
actions (the "Degree of Care"). The Services shall be performed as eapediiiously as is consisieni wiih ihe Degree of Care necessary for ihe orderly progress of ihe Projeci.
Upon requesi of ihe Owner, ihe Design Professional shall submii for ihe Owner's approval a schedule for ihe pertormance of ihe Services which may be adjusied as ihe Projeci
proceeds, and shall include allowances for periods of iime required for ihe Owner's review and for approval of submissions by auihoriiies having jurisdiciion over ihe Projeci.
Time limit� esiablished by ihis schedule and approved by ihe Owner shall noi, excepi for reasonable cause, be exceeded by ihe Design Pmfessional or Owner, and any
adjustmenis io ihis schedule shall be muivally accepiable io boih parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include
wiihoui limiiaiion normal structural, civil, mechanical and electrical engineering services and any oiher engineering services necessary io produce a comple% and accuraie (per
ihe applicable siandard of care) sei of Construction Documenis, as described by and required in Seciion 2.4. The Basic Services may be modified by ihe Agreemeni.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Design Pmfessional, in consuliaiion wiih ihe Owner, shall develop a wriiien program for ihe Projeci io ascertain Owner's needs and io esiablish ihe
requiremenis for ihe Projeci.
2.2.2 The Design Pmfessional shall provide a preliminary evaluaiion of ihe Owner's program, construction schedule and construciion budgei requiremenis, each in
ierms of ihe oiher, subjeci io ihe limiiaiions sei forth in Subseciion 5.2.1.
2.2.3 The Design Professional shall review wiih ihe Owner aliemative approaches io design and construciion of ihe Projeci.
2.2.4 Based on ihe muivally agreed-upon program, schedule and construciion budgei requiremenis, ihe Design Professional shall prepare, for approval by ihe Owner,
Schemaiic Design Documenis consisiing of drawings and oiher documenis illustrating ihe scale and relaiionship of Projeci componenis. The Schemaiic Design shall
coniemplaie compliance wiih applicable laws, siatuies, ordinances, codes and regulaiions.
2.2.5 The Design Pmfessional shall submii io ihe Owner a preliminary deiailed esiimaie of Construction Cosi based on curreni area, volume or oiher unii cosis and
which indicaies ihe cosi of each caiegory of work involved in construciing ihe Projeci and esiablishes an elapsed iime facior for ihe period of iime from ihe
commencemeni io ihe compleiion of construciion.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on ihe approved Schemaiic Design Documenis and any adjustmenis auihorized by ihe Owner in ihe program, schedule or construciion budgei, ihe Design
Pmfessional shall prepare for approval by ihe Owner, Design Developmeni Documenis consisiing of drawings and oiher documenis io fix and describe ihe size and
characier of ihe Projeci as io archiiectural, structural, mechanical and elecirical sysiems, maierials and such oiher elemenis as may be appropriaie, which shall comply
wiih all applicable laws, siatuies, ordinances, codes and regulaiions. Notwiihsianding Owner's approval of ihe documenis, Design Pmfessional represenis ihai ihe
Document� and specifications will be sufficieni and adequaie io ful�ill ihe pwposes of ihe Projeci.
2.3.2 The Design Pmfessional shall advise ihe Owner of any adjustmenis io ihe preliminary esiimaie of Construciion Cosi in a further Deiailed Siaiemeni as described
in Seciion 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on ihe approved Design Developmeni Documenis and any further adjustment� in ihe scope or quality of ihe Projeci or in ihe construciion budgei
auihorized by ihe Owner, ihe Design Pmfessional shall prepare, for approval by ihe Owner, Construciion Document� consisting of Drawings and Specificaiions setfing
forih in deiail requiremenis for ihe construction of ihe Projeci, which shall comply wiih all applicable laws, siatuies, ordinances, codes and regulaiions.
2.4.2 The Design Pmfessional shall assisi ihe Owner in ihe preparaiion of ihe necessary bidding or procuremeni informaiion, bidding or procuremeni forms, ihe
Conditions of ihe contrac% and ihe form of Agreemeni between ihe Owner and contracior.
2.4.3 The Design Professional shall advise ihe Owner of any adjustmenis io previous preliminary estimaies of Construction Cosi indicaied by changes in requiremenis
or general markei condiiions.
2.4.4 The Design Pmfessional shall assisi ihe Owner in conneciion wiih ihe Owner's responsibility for filing documenis required for ihe approval of governmenial
auihoriiies having jurisdiciion over ihe Projeci.
2.5 CONSTRUCTION CONTRACT PROCUREMENT
2.5.1 The Design Pmfessional, following ihe Owner's approval of ihe Construction Documenis and of ihe laiesi preliminary deiailed estimaie of Construction Cos%
shall assisi ihe Owner in procuring a construciion contraci for ihe Projeci ihrough any procuremeni meihod ihai is legally applicable io ihe Projeci including wiihoui
limiiaiion, ihe competitive sealed bidding process. Alihough ihe Owner will consider ihe advice of ihe Design Pmfessional, ihe award of ihe construction contraci is in
ihe sole discreiion of ihe Owner.
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2.5.2 If ihe construction coniraci amouni for ihe Projeci exceeds ihe ioial construction cosi of ihe Projeci as sei forth in ihe approved Deiailed Siaiemeni of Probable
Construciion Cost� of ihe Projeci submiiied by ihe Design Professional, ihen ihe Design Professional, ai iis sole cosi and expense, will revise ihe Consiruciion
Documenfs as may be required by ihe Owner io reduce or modify ihe quaniity or quality of ihe work so ihai ihe ioial consiruciion cosi of ihe Projeci will noi exceed
ihe ioial construction cosi sei forih in ihe approved Deiailed Siaiemeni of Probable Construction Cosis.
2.6 CONSTRUCTION PHASE - ADNIIlvISTRATION OF THE CONSTRUCTION CONTRACT
2.6.1 The Design Professional's responsibility io provide Basic Services for ihe Consiruciion Phase under ihis Agreemeni commences wiih ihe award of ihe Coniraci
for Construciion and iemiinaies ai ihe issuance io ihe Owner of ihe final Cerlificaie for Paymeni, unless exiended under ihe ierms of Subsection 8.3.2.
2.6.2 The Design Professional shall provide deiailed adminisiration of ihe Coniraci for Construciion as sei forth below. For design professionals ihe adminisiraiion
shall also be in accordance wiih AIA documeni A201, General Conditions of ihe Contraci for Construciion, curreni as of ihe daie of ihe Agreemeni as may be
amended by ihe City of Denion special conditions, unless oiherwise provided in ihe Agreemeni. For engineers ihe administration shall also be in accordance wiih ihe
Siandard SpeciYications for Public Works Construciion by ihe North Central Texas Council of Governmenis, curreni as of ihe daie of ihe Agreemeni, unless oiherwise
provided in ihe Agreemeni.
2.6.3 Construction Phase duiies, responsibiliiies and limiiaiions of auihority of ihe Design Pmfessional shall noi be resiricied, modified or exiended wiihoui wriiien
agreemeni of ihe Owner and Design Pmfessional.
2.6.4 The Design Pmfessional shall be a represeniative of and shall advise and consuli wiih ihe Owner (1) during construciion, and (2) ai ihe Owner's direction from
iime io iime during ihe correciion, or warranty period described in ihe Contraci for Construciion. The Design Pmfessional shall have auihority io aci on behalf of ihe
Owner only io ihe exieni provided in ihe Agreemeni and ihese General Condiiions, unless oiherwise moditied by wriifen insirumeni.
2.6.5 The Design Professional shall observe ihe construciion siie ai leasi one time a week, while construciion is in progress, and as reasonably necessary while
construciion is noi in progress, io become familiar wiih ihe progress and quality of ihe work compleied and io deiermine if ihe work is being performed in a manner
indicaiing ihai ihe work when compleied will be in accordance wiih ihe Contraci Documenis. Design Pmfessional shall provide Owner a wriiien repori subsequeni io
each on-siie visii. On ihe basis of on-siie observaiions ihe Design Professional shall keep ihe Owner informed of ihe progress and quality of ihe work, and shall
exercise ihe Degree of Care and diligence in discovering and prompily reporfing io ihe Owner any observable defecis or deticiencies in ihe work of Coniracior or any
subconiraciors. The Design Pmfessional represenis ihai he will follow Degree of Care in performing all Services under ihe Agreemeni. The Design Professional shall
prompily correci any defeciive designs or specificaiions furnished by ihe Design Pmfessional ai no cosi io ihe Owner. The Owner's approval, accepiance, use of or
paymeni for all or any part of ihe Design Pmfessional's Services hereunder or of ihe Projeci iisel� shall in no way alier ihe Design Professional's obligations or ihe
Owner's rights hereunder.
2.6.6 The Design Professional shall noi have conirol over or charge of and shall noi be responsible for construciion means, meihods, iechniques, sequences or
procedures, or for safety precauiions and programs in connection wiih ihe work. The Design Professional shall noi be responsible for ihe Coniracior's schedules or
failure io cairy oui ihe work in accordance wiih ihe Contraci Document� excepi insofar as such failure may resuli from Design Professional's negligeni acis or omis-
sions. The Design Professional shall noi have conirol over or charge of acis or omissions of ihe Coniracior, Subconiraciors, or iheir agenis or employees, or of any
oiher persons performing porfions of ihe work.
2.6.7 The Design Professional shall ai all iimes have access io ihe work wherever ii is in preparaiion orprogress.
2.6.8 Bxcepi as may oiherwise be provided in ihe Contraci Documenis or when direci communicaiions have been specially auihorized, ihe Owner and Contracior
shall communicaie ihrough ihe Design Professional. Communicaiions by and wiih ihe Design Pmfessional's consulianis shall be ihrough ihe Design Professional.
2.6.9 Based on ihe Design Pmfessional's observaiions ai ihe siie of ihe work and evaluaiions of ihe Coniracior's Applicaiions for Paymeni, ihe Design Pmfessional
shall review and certify ihe amounis due ihe Contracior.
2.6.10 The Design Professional's cerlificaiion for paymeni shall constituie a represeniaiion io ihe Owner, based on ihe Design Pmfessional's observaiions ai ihe siie as
provided in Subseciion 2.6.5 and on ihe daia comprising ihe Contracior's Applicaiion for Paymen% ihai ihe work has progressed io ihe poini indicaied and ihai ihe
quality of ihe Work is in accordance wiih ihe Contraci Documenis. The foregoing represeniaiions are subjeci io minor deviations from ihe Contraci Document� cor-
reciable prior io completion and io specific qualificaiions expressed by ihe Design Professional. The issuance of a Cerlificaie for Paymeni shall further consiituie a
represeniaiion ihai ihe Contracior is eniiiled io paymeni in ihe amouni certified. However, ihe issuance of a Cerlificaie for Paymeni shall noi be a represeniaiion ihai
ihe Design Pmfessional has (1) reviewed construciion means, meihods, iechniques, sequences or procedures, or (2) asceriained how or for whaipwpose ihe Coniracior
has used money previously paid on accouni of ihe Contraci Sum.
2.6.11 The Design Professional shall have ihe responsibility and auihority io rejeci work which does noi conform io ihe Coniraci Documenfs. Whenever ihe Design
Pmfessional considers ii necessary or advisable for implemeniaiion of ihe inieni of ihe Coniraci Documenis, ihe Design Pmfessional will have auihority io require
addiiional inspeciion or iesiing of ihe work in accordance wiih ihe provisions of ihe Coniraci Documenis, wheiher or noi such Work is fabricaied, insialled or
compleied. However, neiiher ihis auihority of ihe Design Professional nor a decision made in good taiih eiiher io exercise or noi exercise such auihority shall give rise
io a duty or responsibility of ihe Design Professional io ihe Coniracior, Subconiraciors, maierial and equipmeni suppliers, iheir agenis or employees or oiher persons
pertorming portions of the work.
2.6.12 The Design Pmfessional shall review and approve or iake oiher appropriaie action upon Contracior's submiiials such as Shop Drawings, Produci Daia and
Samples for ihe purpose of (1) deiemiining compliance wiih applicable laws, siatuies, ordinances and codes; and (2) deiermining wheiher or noi ihe work, when
compleied, will be in compliance wiih ihe requirement� of ihe Contraci Documenis. The Design Pmfessional shall aci wiih such reasonable prompiness io cause no
delay in ihe work or in ihe construction of ihe Owner or of separaie coniraciors, while allowing sufficieni iime in ihe Design Professional's pmfessional judgmeni io
permii adequaie review. Review of such submiifals is noi conducied for ihe putpose of deiermining ihe accuracy and compleieness of oiher deiails such as dimensions
and quantiiies or for subsianiiating instruciions for insiallation or performance of equipmeni or sysiems designed by ihe Contracior, all of which remain ihe
responsibility of ihe Coniracior io ihe exieni required by ihe Coniraci Documenis. The Design Pmfessional's review shall noi consiituie approval of safety precauiions
or, unless oiherwise specifically siaied by ihe Design Professional, of construciion means, meihods, iechniques, sequences or procedures. The Design Professional's
approval of a specific iiem shall noi indicaie approval of an assembly of which ihe iiem is a componeni. When professional certificaiion ofperformance characierisiics
of maierials, sysiems or equipmeni is required by ihe Coniraci Document�, ihe Design Professional shall be eniiiled io rely upon such cerlificaiion io esiablish ihai ihe
maierials, sysiems or equipmeni will meei ihe performance criieria required by ihe Contraci Documenis.
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2.6.13 The Design Pmfessional shall prepare Change Orders and Construciion Change Direciives, wiih supporting documeniaiion and daia if deemed necessary by
ihe Design Pmfessional as provided in Subseciions 3.1.1 and 3.3.3, for ihe Owner's approval and execution in accordance wiih ihe Contraci Document�, and may
auihorize minor changes in ihe work noi involving an adjustmeni in ihe Contraci Sum or an exiension of ihe Contraci Time which are noi inconsisieni wiih ihe inieni
of ihe Contraci Documenis.
2.6.14 On behalf of ihe Owner, ihe Design Professional shall conduci inspeciions io deiemiine ihe daies of Subsianiial Compleiion and Final Compleiion, and if
requesied by ihe Owner shall issue Certificaies of Subsianiial and Final Compleiion. The Design Pmfessional will receive and review wriiien guaraniees and relaied
documenis required by ihe Contraci for Construciion io be assembled by ihe Contracior and shall issue a final certificaie for Paymeni upon compliance wiih ihe
requiremenis of ihe Contraci Documenis.
2.6.15 The Design Professional shall inierprei and provide recommendaiions on maifers concerning performance of ihe Owner and Coniracior under ihe requiremenfs
of ihe Contraci Documenis on wriiien requesi of eiiher ihe Owner or Contracior. The Design Professional's response io such requesis shall be made wiih reasonable
prompiness and wiihin any time limiis agreed upon.
2.6.16 Inierpreiaiions and decisions of ihe Design Pmfessional shall be consis%ni wiih ihe inieni of and reasonably inferable from ihe Coniraci Document� and shall
be in wriiing or in ihe form of drawings. When making such inierpreiaiions and iniiial decisions, ihe Design Professional shall endeavor io secure taiihful pertormance
by boih Owner and Coniracior, and shall noi be liable for resulis or inierpreiaiions or decisions so rendered in good faiih in accordance wiih all ihe provisions of ihis
Agreement and in the absence ofnegligence.
2.6.17 The Design Professional shall render wriifen decisions wiihin a reasonable iime on all claims, dispuies or oiher maiiers in quesiion between ihe Owner and
Contracior relaiing io ihe execuiion or progress of ihe work as provided in ihe Contraci Documenis.
2.6.18 The Design Professional (1) shall render services under ihe Agreemeni in accordance wiih ihe Degree of Care; (2) will reimburse ihe Owner for all damages
caused by ihe defective designs ihe Design Professional prepares; and (3) by acknowledging paymeni by ihe Owner of any fees due, shall noi be released from any
righfs ihe Owner may have under ihe Agreemeni or diminish any of ihe Design Pmfessional's obligaiions ihereunder.
2.6.19 The Design Professional shall provide ihe Owner wiih an elecironic sei of drawings in PDF formai showing all significani changes io ihe Construction
Document� during ihe Construciion Phase.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.L1 The services described in ihis Arficle 3 are noi included in Basic Services unless so ideniitied in ihe Agreemeni or Proposal, and ihey shall be paid for by ihe
Owner as provided in ihe Agreemeni, in addiiion io ihe compensaiion for Basic Services. The services described under Seciions 3.2 and 3.4 shall only be provided if
auihorized or contirmed in wriiing by ihe Owner. If services described under Coniingeni Addiiional Services in Seciion 3.3 are required due io circumsiances beyond
ihe Design Pmfessional's conirol, ihe Design Professional shall noiify ihe Owner in wriiing and shall noi commence such addiiional services uniil ii receives wriifen
approval from ihe Owner io proceed. If ihe Owner indicaies in wriiing ihai all or part of such Coniingeni Addiiional Services are noi required, ihe Design Pmfessional
shall have no obligaiion io provide ihose services. Owner will be responsible for compensaiing ihe Design Pmfessional for Coniingeni Addiiional Services only if
ihey are noi required due io ihe negligence or fauli of Design Pmfessional
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more exiensive represeniaiion ai ihe siie ihan is described in Subseciion 2.6.5 is required, ihe Design Pmfessional shall provide one or more Projeci
Represeniaiives io assisi in cari}�ing oui such addiiional on-siie responsibiliiies.
3.2.2 Projeci Represeniatives shall be selecied, employed and direcied by ihe Design Professional, and ihe Design Professional shall be compensaied iherefor as
agreed by ihe Owner and Design Pmfessional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making maierial revisions in Drawings, Specificaiions or oiher documenis when such revisions are:
l. inconsisieni wiih approvals or insiruciions previously given by ihe Owner, including revisions made necessary by adjusimenis in ihe Owner's
program or Projeci budgei;
2. required by ihe enactmeni or revision of codes, laws or regulaiions subsequeni io ihe preparaiion of such documenis, or
3. due io changes required as a resuli of ihe Owner's failure io render decision in a iimely manner.
3.3.2 Providing services required because of significani changes in ihe Projeci including, bui noi limiied io, size, quality, comple�ty, or ihe Owner's schedule, excepi
for services required under Subseciion 2.5.2.
3.3.3 Preparing Drawings, SpeciYications and oiher documeniaiion and supporting daia, and providing oiher services in conneciion wiih Change Orders and
Construction Change Direciives.
3.3.4 Providing consuliaiion concerning replacemeni of work damaged by fire or oiher cause during construciion, and iiunishing services required in conneciion wiih
ihe replacemeni of such work.
3.3.5 Providing services made necessary by ihe defauli of ihe Coniracior, by major defecis or deficiencies in ihe work of ihe Coniracior, or by failure ofperformance
of eiiher ihe Owner or Contracior under ihe Contraci for Construciion.
3.3.6 Providing services in evaluaiing an exiensive number of claims submiiied by ihe Coniracior or oihers in conneciion wiih ihe work.
3.3.7 Providing services in conneciion wiih a public hearing, arbiiraiion proceeding or legal proceeding excepi where ihe Design Pmfessional is pariy ihereio.
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3.3.8 Providing services in addiiion io ihose required by Article 2 for preparing documenis for aliernaie, separaie or sequeniial bids or providing services in connection
wiih bidding or construction prior io ihe compleiion of ihe Construciion Documenis Phase.
3.39 Noiwiihsianding anyfhing coniained in ihe Agreemen% Proposal or ihese General Conditions io ihe conirary, all services described in ihis Ariicle 3 ihai are
caused or necessiiaied in whole or in pari due io ihe negligeni aci or omission of ihe Design Professional shall be performed by ihe Design Professional as apart of ihe
Basic Services under ihe Agreemeni wiih no addiiional compensaiion above and beyond ihe compensaiion due ihe Design Professional for ihe Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design ProfessionaPs obligations under this Subsection 3.3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing fmancial feasibility or oiher special studies.
3.4.2 Providingplanning surveys, siie evaluaiions or comparaiive studies ofprospeciive siies.
3.4.3 Providing special surveys, environmenial studies and submissions required for approvals of governmenial auihoriiies or oihers having jurisdiciion over ihe
Projeci.
3.4.4 Providing services relaiive io future faciliiies, sysiems and equipmeni.
3.4.5 Providing services io invesiigaie e�sting condiiions or faciliiies or io make measured drawings ihereof.
3.4.6 Providing services io verify ihe accuracy of drawings or oiher informaiion furnished by ihe Owner.
3.4.7 Providing coordinaiion of consiruciion performed by separaie coniraciors or by ihe Owner's own forces and coordinaiion of services required in conneciion wiih
consiruciion pertormed and equipmeni supplied by ihe Owner.
3.4.8 Providing deiailed quaniiiy surveys or inveniories of maierial, equipmeni and labor.
3.4.9 Providing analyses of operaiing and mainienance cosis.
3.4.10 Making invesiigations, inveniories of maierials or equipmeni, or valuaiions and deiailed appraisals of e�siing facilities.
3.4.12 Providing assisiance in ihe uiilizaiion of equipmeni or sysiems such as iesiing, adjusiing and balancing, preparaiion of operaiion and mainienance manuals,
training personnel for operaiion and mainienance and consuliaiion during operaiion.
3.4.13 Providing inierior design and similar services required for or in conneciion wiih ihe seleciion, procuremeni or insiallaiion of fwniture, fwnishings and relaied
equipmeni.
3.4.14 Providing services oiher ihan as provided in Section 2.6.4, after issuance io ihe Owner of ihe final Certificaie for Paymeni and expiration of ihe Warraniy
period of ihe Contraci for Construciion.
3.4.15 Providing services of consuliant� for oiher ihan archiiectural, civil, structural, mechanical and electrical engineering portions of ihe Projeci provided as apart of
Basic Services.
3.4.16 Providing any oiher services noi oiherwise included in ihis Agreemeni or noi cusiomarily furnished in accordance wiin generally accepied archiiectural
praciice.
3.4.17 Preparing a sei of reproducible record drawings in addiiion io ihose required by Subseciion 2.6.19, showing significani changes in ihe work made during con-
siruciion based on marked-up prinis, drawings and oiher daia furnished by ihe Contracior io ihe Design Pmfessional.
3.4.18 Noiwiihsianding anyfhing coniained in ihe Agreemen% Proposal or ihese General Conditions io ihe conirary, all services described in ihis Article 3 ihai are
caused or necessiiaied in whole or in pari due io ihe negligeni aci or omission of ihe Design Professional shall be performed by ihe Design Pmfessional as a part of ihe
Basic Services under ihe Agreemeni wiih no addiiional compensaiion above and beyond ihe compensaiion due ihe Design Professional for ihe Basic Services. The
iniervening or concurreni negligence of ihe Owner shall noi limii ihe Design ProtBssionaPs obligations under this Subsection 3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall consuli wiih ihe Design Professional regarding requiremenis for ihe Projec% including (1) ihe Owner's objeciives, (2) schedule and design
consirainis and criieria, including space requiremenis and relaiionships, Yle�bility, expendability, special equipmen% sysiems and siie requiremenis, as more speci-
fically described in Subsection 2.2.1.
4.2 The Owner shall esiablish and updaie an overall budgei for ihe Projeci, including ihe Construction Cos% ihe Owner's oiher cosis and reasonable contingencies
relaied io all of ihese cosis.
4.3 If requesied by ihe Design Pmfessional, ihe Owner shall furnish evidence ihai fmancial arrangement� have been made io fultill ihe Owner's obligaiions under ihis
Agreemeni.
4.4 The Owner shall designaie a represeniaiive auihorized io aci on ihe Owner's behal� wiih respeci io ihe Projeci. The Owner or such auihorized represeniative shall
render decisions in a iimely manner pertaining io documenfs submiifed by ihe Design Pmfessional in order io avoid unreasonable delay in ihe orderly and sequeniial
progress of the Design Professional's services.
4.5 Where applicable, ihe Owner shall furnish surveys describing physical characierisiics, legal limiiaiions and utility locations for ihe siie of ihe Projeci, and a wriiien
legal descripiion of ihe siie. The surveys and legal informaiion shall include, as applicable, grades and lines of sireeis, alleys, pavemenis and adjoining property and
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siructures; adjaceni drainage; righis-of-way, restriciions, easemenis, encroachment�, zoning, deed restriciions, boundaries and coniours of ihe siie; locations,
dimensions and necessary daia periaining io e�siing buildings, oiher improvemenis and irees; and information concerning available uiility services and lines, boih
public and privaie, above and below grade, including inverts and depihs. All ihe informaiion on ihe survey shall be referenced io a projeci benchmark.
4.6 Where applicable, ihe Owner shall furnish ihe services of geoiechnical engineers when such services are requesied by ihe Design Professional. Such services may
include bui are noi limiied io iesi borings, iesi piis, deierminations of soil bearing values, percolaiion iest�, evaluaiions of hazardous maierials, ground corrosion and re-
sistiviiy iesis, including necessary operaiions for aniicipating sub-soil condiiions, wiih reports and appropriaie professional recommendaiions.
4.6.1 The Owner shall furnish ihe services of oiher consulianis when such services are reasonably required by ihe scope of ihe Projeci and are requesied by ihe Design
Pmfessional and are noi reiained by ihe Design Professional as part of iis Basic Services or Addiiional Services.
4.7 When noi a part of ihe Additional Services, ihe Owner shall iiunish structural, mechanical, chemical, air and waier pollution iesis, iesis of hazardous maierials,
and oiher laboraiory and environmenial iesis, inspeciions and reports required by law or ihe Contraci Documenis.
4.8 The Owner shall furnish all legal, accouniing and insurance counseling services as may be necessary ai any iime for ihe Projeci, including audiiing services ihe
Owner may require io veriiy ihe Contracior's Applications for Paymeni or io ascertain how or for whai putposes ihe Contracior has used ihe money paid by or on
behalf of the Owner.
49 The services, informaiion, surveys and reports required by Owner under Seciions 4.5 ihrough 4.8 shall be furnished ai ihe Owner's expense, and ihe Design
Pmfessional shall be entiiled io rely upon ihe accuracy and compleieness ihereof in ihe absence of any negligence on ihe part of ihe Design Pmfessional.
4.10 The Owner shall give prompi wriifen noiice io ihe Design Pmfessional if ihe Owner becomes aware of any fauli or defeci in ihe Projeci or nonconformance wiih
ihe Contraci Documenis.
4.11 Design Pmfessional shall propose language for certiticaies or certificaiions io be requesied of ihe Design Pmfessional or Design Pmfessional's consulianis and
shall submii such io ihe Owner for review and approval ai leasi foutteen (14) days prior io execuiion. The Owner agrees noi io requesi certificaiions ihai would require
knowledge or services beyond the scope of the Agreement.
ARTICLE 5 CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFINED
5.L1 The Construciion Cosi shall be ihe ioial cosi or estimaied cosi io ihe Owner of all elemenis of ihe Projeci designed or specified by ihe Design Pmfessional.
5.1.2 The Construciion Cosi shall include ihe cosi ai curreni markei raies of labor and maierials furnished by ihe Owner and equipmeni designed, specified, selecied or
specially provided for by ihe Design Professional, plus a reasonable allowance for ihe Coniracior's overhead and profii. In addition, a reasonable allowance for con-
iingencies shall be included for markei condiiions ai ihe time of bidding and for changes in ihe work during construciion.
5.1.3 Construction Cosi does noi include ihe compensaiion of ihe Design Pmfessional and Design Professional's consulianis, ihe cosis of ihe land, righis-of-way,
tinancing or other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Bvaluaiions of ihe Owner's Projeci budgei, preliminary esiimaies of Construciion Cosi and deiailed esiimaies of Construciion Cosi prepared by ihe Design
Pmfessional represeni ihe Design Pmfessional's besi judgmeni as a design professional familiar wiih ihe construciion industry. Ii is recognized, however, ihai neiiher
ihe Design Pmfessional nor ihe Owner has control over ihe cosi of labor, maierials or equipmeni, over ihe Contracior's meihods of deiermining bid prices, or over
compeiiiive bidding or markei condiiions. Accordingly, ihe Design Pmfessional cannoi and does noi warrani or represeni ihai bids or cosi proposals will noi vary
from ihe Owner's Projeci budgei or from any esiimaie of Construciion Cosi or evaluaiion prepared or agreed io by ihe Design Pmfessional.
5.2.2 No fixed limii of Construciion Cosi shall be esiablished as a condition of ihe Agreemeni by ihe furnishing, proposal or esiablishmeni of a Projeci budgei, unless
such tixed limii has been agreed upon in wriiing and signed by ihe parties ihereio. If such a tixed limii has been esiablished, ihe Design Pmfessional shall be permiifed
io include contingencies for design, bidding and price escalaiion, io deiermine whai maierials, equipmen% componeni sysiems and types of construciion are io be
included in ihe Contraci Document�, io make reasonable adjustment� in ihe scope of ihe Projeci and io include in ihe Contraci Documenis aliernaie bids io adjusi ihe
Construciion Cosi io ihe Yixed limii. Fixed limiis, if any, shall be increased in ihe amouni of an increase in ihe Contraci Sum occwriiig after execution of ihe Coniraci
for Construciion.
5.2.3 If ihe Procuremeni Phase has noi commenced wiihin 90 days after ihe Design Pmfessional submit� ihe Construction Documenis io ihe Owner, any Projeci
budgei or fixed l�nii of Construciion Cosi shall be adjusied io refleci changes in ihe general level of prices in ihe consiruction industry between ihe daie of submission
of ihe Construction Documenis io ihe Owner and ihe daie on which proposals are soughi.
ARTICLE 6 OWNERSHIP AND USE OF DOCi7D�IENTS
6.1 The Drawings, Speciticaiions and oiher documenis prepared by ihe Design Professional for ihis Projeci are insirumenis of ihe Design Pmfessional's service and shall
become ihe properiy of ihe Owner upon ierminaiion or compleiion of ihe Agreemeni. The Design Professional is eniiiled io reiain copies of all such documenis. Such
documents are intended only be applicable to this Projec� and Owner's use of such documents in other projects shall be at Owner's sole risk and eapense. In the event the
Owner uses any of ihe informaiion or maierials developed pursuani io ihe Agreemeni in anoiher projeci or for oiher purposes ihan are specified in ihe Agreemen% ihe Design
Pmfessional is released from any and all liability relaiing io iheir use in ihaiprojeci
6.2 Submission or disiribuiion of documenis io meei official regulaiory requiremenis or for s�nilar pwposes in conneciion wiih ihe Projeci is noi io be construed as publicaiion
in derogaiion of ihe Design Pmfessional's reserved righis.
ARTICLE 7 TERD�IINATION, SUSPENSION OR ABANDONMENT
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7.1 The Design Pmfessional may ierminaie ihe Agreemeni upon noi less ihan ihiriy days wriifen noiice should ihe Owner fail subsianiially io perform in accordance wiih ihe
ierms of ihe Agreemeni ihrough no fauli of ihe Design Professional. Owner may iemiinaie ihe Agreemeni or any phase ihereof wiih or wiihoui cause upon ihiriy (30) days
prior written notice to the Design Pmfessional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such
noiice. Before ihe end of ihe ihirty (30) day period, Design Professional shall invoice ihe Owner for all work ii satisfaciorily pertormed prior io ihe receipi of such notice. No
amouni shall be due for losi or aniicipaied profit�. All plans, field surveys, and oiher daia relaied io ihe Projeci shall become properiy of ihe Owner upon iermination of ihe
Agreemeni and shall be prompily delivered io ihe Owner in a reasonably organized form. Should Owner subsequenily contraci wiih a new Design Pmfessional for coniinuation
of services on ihe Projeci, Design Professional shall cooperaie in providing informaiion.
7.2 If ihe Projeci is suspended by ihe Owner for more ihan 30 consecutive days, ihe Design Pmfessional shall be compensaied for services saiisfaciorily performed prior io
noiice of such suspension. When ihe Projeci is resumed, ihe Design Pmfessional's compensaiion shall be equiiably adjusied io provide for expenses incurred in ihe inierrupiion
and resumption of the Design Professional's services.
7.3 The Agreemeni may be ierminaied by ihe Owner upon noi less ihan seven days wriiien noiice io ihe Design Professional in ihe eveni ihai ihe Projeci is permanenily
abandoned. If ihe Projeci is abandoned by ihe Owner for more ihan 90 consecuiive days, ihe Design Pmfessional or ihe Owner may ierminaie ihe Agreemeni by giving wriifen
noiice.
7.4 Failure of ihe Owner io make paymenis io ihe Design Professional for work saiisfaciorily compleied in accordance wiih ihe Agreemeni shall be considered subsiantial non-
pertormance and cause for ierminaiion.
7.5 If ihe Owner fails io make paymeni io Design Pmfessional wiihin ihiriy (30) days of receipi of a siaiemeni for services properly and satisfaciorily performed, ihe Design
Pmfessional may, upon seven days wriifen noiice io ihe Owner, suspend performance of services under ihe Agreemeni.
7.6 In ihe eveni of iemiinaiion noi ihe fauli of ihe Design Professional, ihe Design Professional shall be compensaied for services properly and saiisfaciorily performed prior io
iemiinafion.
ARTICLE 8 PAI'D�IENTS TO THE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.L1 Direci Personnel Bxpense is defined as ihe direci salaries of ihe Design Professional's personnel engaged on ihe Projeci and ihe portion of ihe cosi of iheir
mandaiory and cusiomary contribuiions and benefit� relaied ihereio, such as employmeni iaxes and oiher siatuiory employee beneYiis, insurance, sick leave, holidays,
vacaiions, pensions and similar contribuiions and beneYiis.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Bxpenses are in addiiion io compensaiion for Basic and Addiiional Services and include expenses incurred by ihe Design Pmfessional and
Design Professional's employees and consulianis in ihe inieresi of ihe Projeci, as idenliYied in ihe following Clauses.
8.2.L1 Bxpense ofiransportation in connection wiih ihe Projeci; expenses in connection wiih auihorized ou%of-iown iravel; long-disiance communicaiions;
and fees paid for securing approval of auihoriiies having jurisdiciion over ihe Projeci.
8.2.1.2 Bxpense of reproduciions (excepi ihe reproduciion of ihe seis of documenis referenced in Subseciion 2.6.19), posiage and handling of Drawings,
Specifications and oiher documenis.
8.2.1.3 If auihorized in advance by ihe Owner, expense of overtime work requiring higher ihan regular raies.
8.2.1.4 Bxpense of renderings, models and mock-ups requesied by ihe Owner.
8.2.L5 Bxpense of compuier-aided design and drafting equipmeni time when used in connection wiih ihe Projeci.
8.2.1.6 Oiher expenses ihai are approved in advance in wriiing by ihe Owner.
8.3 PAI'D�IENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Paymenis for Basic Services shall be made monihly and, where applicable, shall be in proportion io services performed wiihin each phase of service, on ihe
basis sei forih in Section 2 of ihe Agreemeni and ihe schedule of work.
8.3.2 If and io ihe exieni ihai ihe time initially esiablished in ihe Agreemeni is exceeded or exiended ihrough no fauli of ihe Design Pmfessional, compensation for any
services rendered during ihe addiiional period of iime shall be compuied in ihe manner sei forth in Seciion 2 of ihe Agreemeni.
8.3.3 When compensation is based on a perceniage of Consiruciion Cosi and any portions of ihe Projeci are deleied or oiherwise noi construcied, compensation for
ihose portions of ihe Projeci shall be payable io ihe exieni services are performed on ihose portions, in accordance wiih ihe schedule sei forth in Seciion 2 of ihe
Agreemeni based on (1) ihe lowesi bona fide bid or (2) if no such bid or proposal is received, ihe mosi receni preliminary esiimaie of Construciion Cosi or deiailed
esiimaie of Construction Cosi for such portions of ihe Projeci.
8.4 PAI'D�IENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Paymenis on accouni of ihe Design Pmfessional's Addiiional Services and for Reimbursable Bxpenses shall be made monihly wiihin 30 days after ihe
presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred.
8.5 PAI'NIENTS WITIiIiELD No deduciions shall be made trom ihe Design Pmfessional's compensaiion on accouni of penalty, damages or oiher sums wiihheld from
paymenis io coniraciors, or on accouni of ihe cosi of changes in ihe work oiher ihan ihose for which ihe Design Professional is responsible.
8.6 DESIGN PROFESSIONAL'S ACCOi7NTING I2ECORDS Design Professional shall make available io Owner or Owner's auihorized represeniaiive records of
Reimbursable Bxpenses and expenses pertaining io Additional Services and services performed on ihe basis of a muliiple of Direci Personnel Bxpense for inspeciion and
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copying during regular business hours for ihree years after ihe daie of ihe Yinal Cerlificaie of Paymen% or uniil any liiigaiion relaied io ihe Projeci is final, whichever daie is
laier.
ARTICLE 9 INDEMNITY
9.1 The Design Professional shall indemnify and save and hold harmless ihe Owner and iis of�icers, agenis, and employees from and againsi any and all liabiliiy,
claims, demands, damages, losses, and expenses, including, bui noi limiied io couri cosis and reasonable aiforney fees incurred by ihe Owner, and including, wiihoui
limiiaiion, damages for bodily and personal injury, deaih and properfy damage, resuliing from ihe negligeni acis or omissions of ihe Design Professional or iis of�icers,
shareholders, agenis, or employees in ihe performance of ihe Agreemeni.
9.2 Noihing herein shall be consirued io creaie a liability io any person who is noi a party io ihe Agreemeni, and noihing herein shall waive any of the parties' defenses,
boih ai law or equiiy, io any claim, cause of aciion, or liiigaiion Yiled by anyone noi a party io ihe Agreemeni, including ihe defense of governmenial immuniiy, which
defenses are hereby expressly reserved.
ARTICLE 10 INSURANCE During ihe performance of ihe Services under ihe Agreemeni, Design Professional shall mainiain ihe following insurance wiih an
insurance company licensed or auihorized io do business in ihe Siaie of Texas by ihe Siaie Insurance Commission or any successor agency ihai has a raiing wiih Besi
Raie Carriers of ai leasi an A- or above:
10.1 Comprehensive General Liabiliiy Insurance wiih bodily injury limiis of noi less ihan $1,000,000 for each occurrence and noi less ihan $2,000,000 in ihe aggregaie,
and wiih properiy damage limiis of noi less ihan $100,000 for each occurrence and noi less ihan $250,000 in ihe aggregaie.
10.2 Auiomobile Liabiliiy Insurance wiih bodily injury limiis of noi less ihan $500,000 for each person and noi less ihan $500,000 for each accideni, and wiih properfy
damage limiis of noi less ihan $100,000 for each accideni.
10.3 Warker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each
accideniincluding occupaiional disease.
10.4 Professional Liabiliiy Insurance wiih limiis of noi less ihan $1,000,000 annual aggregaie.
10.5 The Design Professional shall furnish insurance ceriiYicaies or insurance policies io ihe Owner evidencing insurance in compliance wiih ihis Ariicle 10 ai ihe iime
of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers'
Compensaiion policy shall coniain a waiver of subrogaiion in favor of ihe Owner, and each policy shall coniain a provision ihai such insurance shall noi be canceled or
modified by endorsement without thirty (30) days' prior written notice to Owner and Design Professional. In such even� the Design Professional shall, prior to the
effeciive daie of ihe change or cancellaiion, furnish Owner wiih subsiituie ceriiYicaies of insurance meeiing ihe requiremenis of ihis Ariicle 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
1L1 The Agreemeni shall be governed by ihe laws of ihe Siaie of Texas. Venue of any suii or cause of aciion under ihe Agreemeni shall lie exclusively in Denion County,
Texas.
11.2 The Owner and Design Pmfessional, respeciively, bind ihemselves, iheir partners, successors, assigns and legal represeniaiives io ihe oiher pariy io ihis Agreemeni and io
ihe partners, successors, assigns and legal represeniatives of such oiher pariy wiih respeci io all covenanis of ihis Agreemeni. The Design Pmfessional shall noi assign iis
inieresis in ihe Agreemeni wiihoui ihe wriifen conseni of ihe Owner.
11.3 The ierm Agreemeni as used herein includes ihe execuied Agreemeni, ihe Proposal, ihese General Conditions and oiher aifachmenis referenced in Seciion 3 of ihe
Agreemeni which iogeiher represeni ihe eniire and iniegraied agreemeni between ihe Owner and Design Professional and supersedes all prior negoiiaiions, represeniaiions or
agreemenis, eiiher wriifen or oral. The Agreemeni may be amended only by wriifen insirumeni signed by boih Owner and Design Pmfessional. When inierpreiing ihe
Agreemeni ihe execuied Agreemeni, Proposal, ihese General Conditions and ihe oiher aifachmenis referenced in Seciion 3 of ihe Agreemeni shall io ihe exieni ihai is
reasonably possible be read so as io harmonize ihe provisions. However, should ihe provisions of ihese documenis be in conYlici so ihai ihey can noi be reasonably harmonized,
such documents shall be given priority in the following order:
l. The execuied Agreemeni
2. Aiiachmenis referenced in Seciion 3 of ihe Agreemeni oiher ihan ihe Proposal
3. These GeneralProvisions
4. The Proposal
11.4 Noihing coniained in ihe Agreemeni shall creaie a contractual relaiionship wiih or a cause of action in favor of a ihird pariy againsi eiiher ihe Owner or Design
Professional.
11.5 Upon receipi of prior wriifen approval of Owner, ihe Design Pmfessional shall have ihe righi io include represeniaiions of ihe design of ihe Projeci, including phoiographs
of the exterior and interior, among the Design ProtBssionaPs promotional and prot8ssional materials. The Design ProtBssional's materials shall not include the Owner's
contideniial or proprieiary informaiion if ihe Owner has previously advised ihe Design Pmfessional in wriiing of ihe specitic informaiion considered by ihe Owner io be conti-
deniial or proprieiary. The Owner shall provide professional credii for ihe Design Pmfessional on ihe consiruciion sign and in ihe promoiional maierials for ihe Projeci.
11.6 Approval by ihe Owner shall noi consiituie, nor be deemed a release of ihe responsibility and liabiliiy of ihe Design Professional, iis employees, associaies, agenis,
subcontraciors, and subconsulianis for ihe accuracy and compeiency of iheir designs or oiher work; nor shall such approval be deemed io be an assumpiion of such
responsibility by ihe Owner for any defeci in ihe design or oiher work prepared by ihe Design Professional, iis employees, subconiraciors, agenis, and consulianis.
11.7 All noiices, communicaiions, and reporis required or permiiied under ihe Agreemeni shall be personally delivered or mailed io ihe respeciive parties by deposiiing
same in ihe Uniied Siaies mail io ihe address shown below signature block on ihe Agreemeni, ceriiYied mail, return receipi requesied, unless oiherwise speciYied herein.
All noiices shall be deemed effeciive upon receipi by ihe parfy io whom such noiice is given, or wiihin ihree (3) days after mailing.
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11.8 If any provision of ihe Agreemeni is found or deemed by a courf of compeieni jurisdiciion io be invalid or unenforceable, ii shall be considered severable trom ihe
remainder of ihe Agreemeni and shall noi cause ihe remainder io be invalid or unenforceable. In such eveni, ihe pariies shall reform ihe Agreemeni io replace such
siricken provision wiih a valid and enforceable provision which comes as close as possible io expressing ihe inieniion of ihe siricken provision.
119 The Design Professional shall comply wiih all federal, siaie, and local laws, rules, regulaiions, and ordinances applicable io ihe work covered hereunder as ihey
may now read or hereinafter be amended during ihe ierm of ihis Agreemeni.
1L10 In performing ihe Services required hereunder, ihe Design Professional shall noi discriminaie againsi any person on ihe basis of race, color, religion, sex,
naiional origin or ancestry, age, or physical handicap.
1L11 The capiions of ihe Agreemeni are for informaiional purposes only, and shall noi in any way affeci ihe subsianiive ierms or condiiions of ihe Agreemeni.
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A R C H I T E�G T S, I I� C �
April 17, 2018
Updated April 27, 2018
Updated May 9, 2018
Jamie Cogdell, Senior Buyer
City of Denton
Materials Management
901B Texas Street
Denton, TX 76209
Via email: Jamie.Cogdell@cityofdenton.com
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Nelson + Morgan, Architects (NMA) are pleased to provide the following proposal for providing Professional Services relating to
the referenced project. It is our intent to provide normal architectural, structural, mechanical, electrical and plumbing design
services specific to the project requirements. This proposal is intended to establish our proposed fees for the required
professional services identified in the Statement of Qualifications (SOQ) for RFQ #6748 dated March 20, 2018.
NMA shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the
same or similar locality under the same or similar circumstances. NMA shall perform its services as expeditiously as is consistent
with such professional skill and care and the orderly progress of the Project.
Professional services will be separated into the two parts; Part One is the work associated with the relocation of the Materials
Management Warehouse and Traffic Operations into 651 Mayhill. Part Two will be the upgrades and renovations to the
Service Center located on Mingo Road.
1. UNDERSTANDINGS:
Our professional services and the associated fees have been developed based on our understanding of the required scope of
work, experience working with the City of Denton as the Master Plan has been developed, and the knowledge that some of the
project scopes, timing and program requirements are may be subject to change. For clarification purposes, below are several
items of understanding;
a. Use and Purpose: This Fee Proposal letter will be used as an exhibit and will be incorporated into a final Professional
Services Agreement.
b. Construction Documents and Biddin� Packa�es: Parts One and Two will commence planning and preliminary design
concurrently. Based on our proposed schedule in the SOQ, Part One (Mayhill) could be ready for a construction start
as early as mid-September 2018. Part Two (Service Center) planning and design will commence with Phase One
planning. Planning duration and bidding time frame for Part Two have been established for an anticipated
construction start in earlyJanuary 2019.
c. Civil En�ineerin� scope: included Civil Engineering services are primarily limited to "on site" design of grading, storm
water management and drainage, on-site utility extensions, erosion control during construction, site paving and
related details. Not included are re-platting, re-zoning, off-site utility extensions or drainage design or similar off-site
improvements. Any additional engineering required will be addressed as an additional service on an "as needed/as
required" basis.
d. Owner Furnished information:
a. The Owner will furnish any necessary site boundary and topographic surveys, geotechnical soils
investigations, environmental surveys, etc. as requested and as needed.
b. Existing plans: Owner will furnish electronic (PDF) copies of the plans for these facilities. Extensive field
measurement and documentation of the existing facilities is not included.
e. LEED design or certification: This project will not be required to meet any specific USGBC LEED certification or
ranking. It will be designed to the current requirements of the 2015 IECC Energy code and IBC codes.
� Architects � Planners � Interior Design � 2717WindRiverLane,Ste230 Denton, Texas76210
940.566.0266 Fax 940.566.0223
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Fee proposal
RFQ #6748 R2 Mayhill Road Facility & Service Center Upgrades
Page 2 of 8
f. Building Commissioning: The project specifications will require that the new mechanical systems be reviewed and
certified by an approved third-party Test and Balance Agency, but third-party building commissioning is not included
in our scope.
g. Proiect Budget(s): Preliminary budgets were established during the Master Planning process. NMA will prepare our
professional services using these amounts as a basis of understanding for project size and scope. Should significant
changes in the scope of work modify the budget amounts in excess of 10%, NMA reserves the right to make a fee
adjustment upon approval by the Client. For purposes of this proposal, the following construction budget amounts
are used:
a. 651 Mayhill — Materials Management: $2,552,000.
b. 651 Mayhill —Traffic Operations: $1,500,000.
c. Service Center: $6,741,323
2. SUB-CONSULTANTS:
a. Civil and Structural En�ineerin�: Parkhill, Smith and Cooper Inc. (PSC)
• Professional fees Structural engineering will be included within the Architectural Basic Services identified
below.
• Fees for the Civil Engineering are identified as a Supplemental Service.
b. Mechanical and Electrical En�ineerin�: Hergenrether, Penner, McGuire and Burkett (HPMB) Consulting Engineering
will development plans for the HVAC, Plumbing and Electrical components of the project.
• Fees for HPMB are included within the Basic Services total.
c. Construction Cost Mana�ement. Inc.: CCM, Inc. will furnish the consulting services during all phases of project
development including planning, design, and construction.
• Fees for CCM are identified as a Supplemental Service.
d. TDLR / TAS plan review and site inspections; Jeff Gutknecht, a registered accessibility specialist will furnish all services.
• Fees for TAS services are identified as a Supplemental Service.
K�iIi77�.�1
These facilities will be designed to meet the 2012 International Building Codes, 2015 IECC, 2011 National Electrical Code,
Americans with Disabilities Act, Texas Accessibility Standards and City of Denton codes and ordinances.
Professional Services are more fully described below.
II I�s�;°ilfl� °il I�\iffl�",4"��'i�l�
The following is a brief list of Professional Services that we anticipate will be required and propose to provide. This is not
intended to limit our scope of service, but to �enerallv define and explain our intent to provide professional services necessarv
for the successful completion of the proiect.
Basic Services are those services outlined under Section II of this Agreement. The services outlined in Section II shall be
provided on a fee basis as outlined under the Section IV - Professional Fees portion of this agreement.
A. Schematic Desi�n Phase:
The Architect shall review the program and other information furnished by the Client, and shall review laws, codes, and
regulations applicable to the Architect's services.
The Architect shall prepare a preliminary evaluation of the Client's program, schedule, budget for the Cost of the Work, Project
site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain
the requirements of the Project. The Architect shall notify the Client of (1) any inconsistencies discovered in the information,
and (2) other information or consulting services that may be reasonably needed for the Project.
Based on the ProjecYs requirements agreed upon with the Client, the Architect shall prepare and present for the ClienYs
approval a preliminary design illustrating the scale and relationship of the Project components.
Based on the Client's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the
ClienYs approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if
appropriate, and preliminary building plans, sections and elevations; and may include some combination of perspective
sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the
drawings or described in writing.
� Architects � Planners � Interior Design � 2717WindRiverLane,Ste230 Denton, Texas76210
940.566.0266 Fax 940.566.0223
DocuSign Envelope ID: 07BFACEO-2A47-4F39-9A10-950540CC66FA
Fee proposal
RFQ #6748 R2 Mayhill Road Facility & Service Center Upgrades
Page 3 of 8
The Architect shall submit to the Owner an Opinion of Probable Cost of the Work prepared in accordance with Section 6.3.
The Architect shall submit the Schematic Design Documents to the Client, and request the Client's approval.
B. Desi�n Development phase:
Based on the Client's approval of the Preliminary Design Documents, and on the Client's authorization of any adjustments in
the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents
for the ClienYs approval. The Design Development Documents shall illustrate and describe the development of the approved
Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical
construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to
architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design
Development Documents shall also include outline specifications that identify major materials and systems and establish in
general their quality levels.
The Architect shall update the Opinion of Probable Cost of the Work.
The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the
Opinion of Probable Cost of the Work, and request the Owner's approval
C. Construction Documents Phase:
Based on the Client's approval of the Design Development Documents, and on the Client's authorization of any adjustments in
the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the
Client's approval. The Construction Documents shall illustrate and describe the further development of the approved Design
Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials
and systems and other requirements for the construction of the Work. The Client and Architect acknowledge that in order to
construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and
other similar submittals, which the Architect shall review.
During the development of the Construction Documents, the Architect shall assist the Owner in the development and
preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including
bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the
Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual
that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and
sample forms.
Assist the client with the selection of interior and exterior finishes, colors, materials, and fixtures for incorporation into the
project.
The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having
jurisdiction over the Project.
The Architect shall update the Opinion of Probable Cost of the Work.
The Architect shall submit the Construction Documents to the Client, advise the Client of any adjustments to the Opinion of
Probable Cost of the Work, take any action required, and request the Client's approval.
D. Bidin� or Ne�otiation Phase Services and Permit review process:
The City of Denton has jurisdiction over this project. NMA will coordinate the efforts on behalf of the owner to obtain the
necessary approvals for construction.
The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the
Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals;
(2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and
preparing contracts for construction.
� Architects � Planners � Interior Design � 2717WindRiverLane,Ste230 Denton, Texas76210
940.566.0266 Fax 940.566.0223
DocuSign Envelope ID: 07BFACEO-2A47-4F39-9A10-950540CC66FA
Fee proposal
RFQ #6748 R2 Mayhill Road Facility & Service Center Upgrades
Page 4 of 8
E. Construction Administration Phase:
The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA
Document A201""-2007, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA
Document A201-2007, those modifications shall not affect the Architect's services under this Agreement unless the Owner and
the Architect amend this Agreement.
The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have
authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control
over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to
perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the
ArchitecYs negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or
omissions of the Contractor or of any other persons or entities performing portions of the Work.
The Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for
Construction and terminates on the date the Architect issues the final Certificate for Payment.
Project completion services
The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final
completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the
Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by
the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the
requirements of the Contract Documents.
The ArchitecYs inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the
Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be
completed or corrected.
When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract
Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final
completion or correction of the Work.
The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or
sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases
and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the
Contractor under the Contract Documents.
Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall,
without additional compensation, conduct a meeting with the Owner to review the facility operations and performance.
The Architect will provide the following Contract Administration phase services:
• Site visits as deemed necessary by the Architect and his consultants to review the Work in an effort to determine, in
general, whether or not it is being constructed in accordance with the Construction Documents.
• Schedule and attend a Pre-Construction conference with General Contractor and key sub-contractors.
• Submittal and shop drawing reviews.
• Review substitution requests from the Contractor for materials or products which become unavailable during
construction due to circumstances beyond the Contractor's control.
• Finish materials and color selection and recommendations
• Review Contractor's schedule and advise Client of construction progress.
• Monthly Payment Certification
• Review and respond to any Requests for information (RFI) and issue any Architectural Supplemental Instructions (ASI)
as may be necessary.
• Prepare punch lists for the Project.
• Establish dates of Substantial and Final Completion and prepare certificates for same.
• Coordinate project close out and receipt of warranty and maintenance binders from the Contractor.
• Payment Certification
� Architects � Planners � Interior Design � 2717WindRiverLane,Ste230 Denton, Texas76210
940.566.0266 Fax 940.566.0223
DocuSign Envelope ID: 07BFACEO-2A47-4F39-9A10-950540CC66FA
Fee proposal
RFQ #6748 R2 Mayhill Road Facility & Service Center Upgrades
Page 5 of 8
• Testing and material inspection
• Interpretations and decisions
VII °iVUIMG'���I I I�lll I�,M"Ils�;l °il G�"�,A�°Ifl 4"''�'i�'��
Nelson + Morgan, Architects will provide any supplemental services as deemed necessary by Project requirements or Client.
These may include development of any additional permitting plan sets for work sequences, extensive architectural, structural or
civil engineering or design revisions, mechanical, electrical or acoustical engineering services, any food service design or planning,
environmental analysis or testing. Supplemental5ervices shall be provided by the Architect, when requested by the Client, on an
hourly or negotiated fee basis in addition to the fees charged for easic Services Fees for any supplemental services will receive a
20% mark-up for handling and coordination.
A. CIVIL ENGINEERING:
Civil Engineering: Civil Engineering for the purposes of the on-site engineering of the site grading, storm water, drainage, on-
site utility connections, erosion control. �:"�w��: �wl� �:Ilhmliiryw I��^�^ liiryw �liillllll IIL��^ ;����„�°��°��°�.�°��°�.
B. CONSTRUCTION COST MANAGEMENT:
Cost Consultant: Total cost for the services of a Cost Consultant shall be a lump sum amount of �'u��"�„��"��°�.�°��°�.
C. TDLR / TAS PLAN REVIEW AND SITE INSPECTIONS: Total cost for the services of a registered accessibility specialist
and required project registrations shall be a total amount of �'u�„!9'�'u��°�.�°��°�.
I\i fl ��V4'IIIMI I�,V°is�;,�'ll'"[�"�I�,M
A. Basic Services: Professional fees for items identified above in Section II, Basic Services shall be based on a total fee as
shown below. These fees shall be billed monthly up to the percentages listed below for each phase. The monthly invoicing
will be based upon the following:
Construction Documents and Construction Administration: Total fees for this phase work will be based on �awre�a^urn� ��urn��' �;Illmur�^�^
wm �u�r,�„^„iir,,,,,,ll,,,",�„^„iir,�,,,,a„^„iirn�„�,:,,,,,,,,,�,,,,,,,�„!�„�,�,,,�, of the final (contracted) Construction Cost. Invoicing for Basic Services will be billed monthly up
� �
to the percentages listed below for each phase:
• Schematic Design Phase
30% of Basic Services fee
• Design Development Phase 20% phase fee balance
• Construction Documents Phase 30% phase fee balance
• Permit approval 5% phase fee balance
• Construction Administration Phase 15% of fee balance
TOTAL 100%
Basic Services basis: EstCost of Const Fee basis Fee amount
651 MaYhill - Mat'I Mgmt $2,552,000 ].]SY $ 19],]80.00
652MaYhill-TrafficOp's $1,500,000 ].]SY $ 116,250.00
Se�vice Cente� $ 6,]41,323.00 ].]SY $ 522,452.53
Basic Services
Pre Construction Services
Schematic Design Phase 30Y $ 94,209.00 $ 156,]35.]6
DesignDevelopmentPhase 20Y $ 62,806.00 $ 104,490.51
Construction Documents Phase 30Y $ 94,209.00 $ 156,]35.]6
Bidding and Contract Phase SY $ 15,]01.50 $ 26,122.63
Construction Phase Services
ConstructionAdministration 15Y $ 4],104.50 $ ]8,36].88
TOTALBASICSERVICES 100Y $ 314,030.00 $ 522,452.53 $ 836,482.53
Supplemental Services
Civil Engineering services 39,000.00 9,000.00
ConstructionCostservices 10,200.00 16,200.00
TDLR/TASreviewservices $ 1,260.00 $ 1,260.00
TOTALSUPPLEMENTALSERVICES $ 50,460.00 $ 26,460.00 $ ]6,920.00
� Architects � Planners � Interior Design � 2717WindRiverLane,Ste230 Denton, Texas76210
940.566.0266 Fax 940.566.0223
DocuSign Envelope ID: 07BFACEO-2A47-4F39-9A10-950540CC66FA
Fee proposal
RFQ #6748 R2 Mayhill Road Facility & Service Center Upgrades
Page 6 of 8
Additional Services shall be provided on an hourly basis at the following hourly rates.
Principal $175.00/hr.
Project Architect/Manager $115.00/hr.
Interior Designer $115.00/hr.
Staff Architect/Intern $90.00/hr.
Clerical $42.50/hr.
Consultants Cost plus 20%
C. Reimbursable Expenses constitute expenses incurred on the Client's behalf by Nelson + Morgan, Architects. These
expenses include, but are not limited to, reproduction and printing costs, registration and review fees, courier services,
travel, required application and filing fees, etc. Reimbursable expenses will receive a 20% mark-up for handling and
coordination.
�. �:`Il..11llkiill�711"""� Il�llkii"�IG"�':�II�"�IIIIki�llll..l1711"Illlkii"�
A. Unless otherwise provided for under this Agreement, the Client shall provide information in a timely manner regarding
requirements for and limitations on the Project, including a written program which shall set forth the Client's objectives,
schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special
equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Client
shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce
lien rights.
B. The Client shall establish and periodically update the ClienYs budget for the Project, including (1) the budget for the Cost
of the Work as defined in Section 6.1; (2) the Client's other costs; and, (3) reasonable contingencies related to all of these
costs. If the Client significantly increases or decreases the Client's budget for the Cost of the Work, the Client shall notify
the Architect. The Client and the Architect shall thereafter agree to a corresponding change in the ProjecYs scope and
quality.
C. The Client shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the
Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades
and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage;
rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and
information concerning available utility services and lines, both public and private, above and below grade, including
inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
D. The Client shall coordinate the services of its own consultants with those services provided by the Architect. Upon the
ArchitecYs request, the Client shall furnish copies of the scope of services in the contracts between the Client and the
Client's consultants. The Client shall furnish the services of consultanYs other than those designated in this Agreement, or
authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and
demonstrates that they are reasonably required by the scope of the Project. The Client shall require that its consultants
maintain professional liability insurance as appropriate to the services provided.
E. The Client shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural,
mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
F. The Client shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably
necessary at any time for the Project to meet the ClienYs needs and interests.
G. The Client shall provide prompt written notice to the Architect if the Client becomes aware of any fault or defect in the
Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service.
H. Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Client
shall endeavor to communicate with the Contractor and the ArchitecYs consultants through the Architect about matters
arising out of or relating to the Contract Documents. The Client shall promptly notify the Architect of any direct
communications that may affect the Architect's services.
� Architects � Planners � Interior Design � 2717WindRiverLane,Ste230 Denton, Texas76210
940.566.0266 Fax 940.566.0223
DocuSign Envelope ID: 07BFACEO-2A47-4F39-9A10-950540CC66FA
Fee proposal
RFQ #6748 R2 Mayhill Road Facility & Service Center Upgrades
Page 7 of 8
Before executing the Contract for Construction, the Client shall coordinate the ArchitecYs duties and responsibilities set
forth in the Contract for Construction with the ArchitecYs services set forth in this Agreement. The Client shall provide the
Architect a copy of the executed agreement between the Client and Contractor, including the General Conditions of the
Contract for Construction.
J. The Client shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the
Contractor to provide the Architect access to the Work wherever it is in preparation or progress.
\�°I, I Il�llf�'ll�;ll[�"�I�,M��I I [�;I�II V�'ll'°"�f
In recognition of the relative risks and benefits of the Project to both the Client and the Architect, the risks have been allocated
such that the Client agrees, to the fullest extent permitted by law, to limit the liability of the Architect to the Client for any and
all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys'
fees and costs and expert-witness fees and costs, so that the total aggregate liability of the Architect to the Client shall not exceed
the Architect's total fee for services rendered on this Project. It is intended that this limitation apply to any and all liability or
cause of action however alleged or arising, unless otherwise prohibited by law.
\�°II Il�,ll�pll'���I�lll�,lll V�°���;II[��I�,M���
The Client shall, to the fullest extent permitted by law, indemnify and hold harmless the Firm, his or her officers, directors, employees,
agents and sub consultants from and against all damage, liability and cost, including reasonable attorney's fees and defense costs,
arising out of or in any way connected with the performance by any of the parties above named of the services under this agreement,
excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the Firm. In recognition
of the relative potential risks and benefits of this project to both Owner and NMA, the risks are allocated such that Owner agrees to
the fullest extent permitted by law, to limit the liability of NMA and to all third parties with whom Owner initiates business
relationships on this project, including, but not limited to lender, counselors, designers, surveyors, suppliers, contractors,
subcontractors and inspectors for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses resulting
from any cause or causes. Such claims and causes include, but are not limited to negligence, professional errors or omissions, strict
liability, and breach of contract or warranty.
lilll IMI'�N�p'�"I °�°�I�"�I�,Ms�;l I�I �if°� II I�s�; II f�"��I�,M'��
The Texas Board of Architectural Examiners, 333 Guadalupe, Suite 2-350, Austin, Texas 78701-3942, Phone: 512/305-9000, has
jurisdiction over individuals licensed under the Architects Registration Law, Article 249A, VTCS, and under the Interior Designer's
Registration Law, Article 249E, VTCS.
17G II I I�V�llll�,l�; II f�"��I�,I ��I� �'i�E..U°�IMI I�,I°�f�"�I�,M
A. If the Client fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered
substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of
services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to
the Client before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Client
for delay or damage caused the Client because of such suspension of services. Before resuming services, the Architect shall be
paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the ArchitecYs services.
The ArchitecYs fees for the remaining services and the time schedules shall be equitably adjusted.
B. If the Client suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension.
When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of
the ArchitecYs services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted.
C. If the Client suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the
Architect may terminate this Agreement by giving not less than seven days' written notice.
D. Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail
substantiallyto perform in accordance with the terms ofthis Agreement through no fault ofthe party initiating the termination.
E. The Client may terminate this Agreement upon not less than seven days' written notice to the Architect for the ClienYs
convenience and without cause.
F. In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to
termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph G.
G. Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable
to termination for which the Architect is not otherwise compensated.
H. The ClienYs rights to use the ArchitecYs Instruments of Service in the event of a termination of this Agreement are set forth
above.
� Architects � Planners � Interior Design � 2717WindRiverLane,Ste230 Denton, Texas76210
940.566.0266 Fax 940.566.0223
DocuSign Envelope ID: 07BFACEO-2A47-4F39-9A10-950540CC66FA
Fee proposal
RFQ #6748 R2 Mayhill Road Facility & Service Center Upgrades
Page 8 of 8
7G I�IIV°����"��I I I�;I�,INII'�����VU°� I�G��,�"�1�°[°�[�"�I�,M�'i�
A.Terms in this fee proposal shall have the same meaning as those in AIA Document A201-2007, General Conditions of the
Contract for Construction.
B. The Client and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this
Agreement. Neither the Client nor the Architect shall assign this Agreement without the written consent of the other, except
that the Client may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the
Client's rights and obligations under this Agreement.
C. If the Client requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the
Architect for review at least 14 days prior to the requested dates of execution. If the Client requests the Architect to execute
consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are
consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior
to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or
responsibilities beyond the scope of this Agreement.
We look forward to working with you. Should you have any further questions, please feel free to give us a call at your
convenience.
�Ila�um Il��wll��um„ �u��llrliu��w�u�
Nelson + Morgan, Architects
� Architects � Planners � Interior Design � 2717WindRiverLane,Ste230 Denton, Texas76210
940.566.0266 Fax 940.566.0223
DocuSign Envelope ID: 07BFACEO-2A47-4F39-9A10-950540CC66FA
Exhibit 3
House Bi1189 - Government Code 2270
VERIFICATION
I� A1 an Nel son � the undersigned
representative of Nelson+Morgan, Architects Company or Business name
(hereafter referred to as com�an�), being an adult over the age of eighteen (18)
years of age, verify that the company named-above, under the provisions of
Subtitle F, Title 10, Government Code Chapter 2270:
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract the above-named
Company, business or individual with City of Denton.
Pu�suant to Section 2270.001, Texas Gove�nment Code:
1. "Boycott Is�ael " means �efusing to deal with, te�minating business activities
with, o� othe�wise taking any action that is intended to penalize, inflict
economic ha�m on, o� limit comme�cial �elations specifically with Is�ael, o�
with a pe�son o� entity doing business in Is�ael o� in an Is�aeli-cont�olled
te��ito�y, but does not include an action made fo� o�dina�y business
pu�poses; and
2. "Company" means a fo� p�ofit sole p�op�ieto�ship, o�ganization,
association, co�po�ation, pa�tne�ship, joint ventu�e, limited pa�tne�ship,
limited liability pa�tne�ship, o� any limited liability company, including a
wholly owned subsidia�y, majo�ity-owned subsidia�y, pa�ent company o�
affiliate of those entities o� business associations that exist to make a p�ofit.
Alan Nelson
Name of Company Representative (Print)
DocuSigned by:
a�, r�,�,sbw
SigrP����BB��ompany Representative
5/30/2018
�ate
DocuSign Envelope ID: 07BFACEO-2A47-4F39-9A10-950540CC66FA
Exhibit 4
Senate Bi11252 -Government Code 2252
CERTIFICATION
I Alan Nelson
�
the undersigned
representative Of Nelson+Morgan, Architects
(Company or business name) being an adult over the age of eighteen (18) years of
age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and
Section 2252.153, certify that the company named above is not listed on the
website of the Comptroller of the State of Texas concerning the listing of
companies that are identified under Section 806.051, Section 807.051 or Section
2253.153. I further certify that should the above-named company enter into a
contract that is on said listing of companies on the website of the Comptroller of
the State of Texas which do business with Iran, Sudan or any Foreign Terrorist
Organization, I will immediately notify the City of Denton's Materials
Management Department.
Alan Nelson
Name of Company Representative (Print)
DocuSigned by:
a�, r�,�,sbw
Sig ����npany Representative
5/30/2018
�ate
����,
�
��������
Certificate Of Completion
Envelope Id: 07BFACE02A474F399A10950540CC66FA Status: Sent
Subject: City Council Docusign Item - REVISED 6748 Architect Design - Mayhill Rd Bldg and Service Center
Source Envelope:
Document Pages: 22 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 0 Jamie Cogdell
AutoNav: Enabled 901 B Texas Street
Envelopeld Stamping: Enabled Denton, TX 76209
Time Zone: (UTC-06:00) Central Time (US & Canada) Jamie.Cogdell@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
5/30/2018 3:31:54 PM
Signer Events
Jamie Cogdell
jamie.cogdell@cityofdenton.com
Senior Buyer
City Of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Alan Nelson
anelson@nelsonmorgan.com
Nelson+Morgan, Architects
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 11/1/2017 11:54:05 AM
ID:977b6064-9dc1-48d4-812b-30eebd2dedcd
Larry Collister
larry.col lister@cityofdenton.com
First Assistant City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 9/26/2017 2:27:28 PM
ID:01f5f868-f109-4e29-ad49-21db9046c882
Tabitha Millsop
tabitha.millsop@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Hileman
todd.hileman@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Holder: Jamie Cogdell
Jamie. Cogdell @cityofdenton.com
Signature
� pl�t�
Using IPAddress: 129.120.6.150
�DocuSigned by:
I� llLa,ln, I�,�,SDtn,
�I "��—DDF6C84E384543D...
Using IPAddress:47.190.52.65
oo��s�yoea ny:
� Ca(�sf�r
38A6D90FD93B4AB...
Using IPAddress: 129.120.6.150
Location: DocuSign
Timestamp
Sent: 5/30/2018 3:45:50 PM
Viewed: 5/30/2018 3:45:56 PM
Signed: 5/30/2018 3:47:51 PM
Sent: 5/30/2018 3:47:53 PM
Viewed: 5/30/2018 4:11:37 PM
Signed: 5/30/2018 4:12:15 PM
Sent: 5/30/2018 4:12:18 PM
Viewed: 6/7/2018 11:25:21 AM
Signed: 6/7/2018 11:25:27 AM
Sent: 6/7/2018 11:25:29 AM
Signer Events
Accepted: 7/25/2017 11:02:14 AM
I D: 57619fbf-2aec-4b 1 f-805d-6bd7d9966f21
Jennifer Walters
jennifer.walters@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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NELSON+MORGAN, ARCHITECTS
PROJECT BUDGET SHEET
LOCATIONCODE: (?3 � � ������ r����"�"�
PROJECT NAME: M�yhfll 651 � � � �� "�� t � � �' ��� '" � �,� �� ? �����
�OB NO.: �a lttr:.P�irY�-r,,:'f�tR � NKf�'�r�nG��r: uu 9e71�¢ wi;ar C;�+;�wip;�i�t �
TASK:
DATE: (?6f(?4f18
FEE TYPE: Lump Sum
PREPARED BY: AFN
PRINCIPAL: AFN
PROJ. MANAGER: TBC�
OVERHEAD RATE:
PROFIT ON LABOR:
PROFIT ON REIMB:
PROFIT ON DIRECTS:
TOTAL FEE: $364,490 LABOR: $202,815
LABOR: $202,815 DIRECTS: $110,638
OVERHEAD: SUBTOTAL: $313,453
REIMB. CONSULTANTS: $50,460
REIMB. EXPENSES: $577 REIMB. FEE: $51,037
DIRECT CONSULTANTS: $109,929
DIRECT EXPENSES: $710 TOTAL FEE: $364,490
LABOR BUDGETS:
CODE DESCRIPTION HOURS COSTS
Firm Principal 24 $4,200
Architect 194 $33,950
Architectural Project Manager 773 $88 895
,
Architectlntern 596 $53,640
Bookkeeper 12 $510
Page 1 of 6
EE ESTIMATING SHEET PROJECT:
SALARY
TASK
Project Startup
Contract Execution
Project Kickoff Meeting
As-Built Drawing Integration
Field Survey of Existing Facility
Preliminary Base Drawing(s) Development
Programming
Meeting w/ Stakeholders
Preliminary Program Development
Follow-up Review Meeting
Coordination w/ FM and CoD PM
Code analysis In-house
Code & Utilities Analysis Sub-consult coordination
SCHEMATIC DESIGN PHASE
Prelim design and layout
Prepare alternative bldg design schemes
Consultant - team reviews
Prepare alt. site schemes with consultants
Consultant - team reviews
Opinon of probable cost-budget development
Converting estimator's OPCs to NMA format
Prelim coordination with sub-consultants
MEP
Civil
Structural
DRC Review
Site/Doc concept preparation
DRC meeting/review
DRC de-brief mtg's
Final SD Package Coordination
Graphical Schedule Development
Development of Full SD Package
Final Deliverable Development
QA/QC
Presentation Meeting w/ Owner/End User
DESIGN DEVELOPMENT PHASE
Site Plan
Floor/RCP and Base Plans
Exterior elevations
Bldg sections/detail preparation
schedules and details
Demolition and Construction staging
Start Engineering drawings
MEP
Civil
Structural
Landscape
Sub-consultant review and coordination
Interior design/colors and finishes
Color scheme development
samples and presentation
materials review and coordination
Update OPC
Concept review and update with stakeholders
Development of Full DD Package
Final deliverable development
QA/QC
DD review meeting w/ Owner/End User
Page 2 of 6
nnayn�u est JOB NO.:
CATEGORY OF PERSONNEL
RATE PER HOUR
PM
FP FlRCN FlRCNPM INTDSGN Fl-INT[RN BOOKK[[P
$srs.aa $srs.aa $sss.aa $sss.aa $aa.aa $42.56 TOTAL
2 2 8 12
3 3 4 4 4 18
1 6 24 24 55
2 10 16 16 44
1 8 4 24 37
2 8 4 2 16
2 2 12 4 4 24
4 4 4 4 16
4 4 8
2 8 10
2 4 6
2
2
2
4
2
2
1
1
1
2
2
12
4 4 4
8 8
2 2
12 2 4
4
4
2
4
40
2
2
1 2
1
1
1
1
4 4
2 16
8
1 8
4 8
4 4
80
2 2
2 2
16
4
2
40
2
2
24
24
8
8
8
8
1
1
1
1
4
4
80
2
2
12
14
16
6
18
2
1
1
1
22
12
6
4
80
6
6
24
24
8
8
8
11
2
2
2
2
12
18
8
9
12
12
160
6
6
CONSTRUCTION DOCUMENTS PHASE
Con Doc coordination with sub-consultants
50% complet stage Architectural plan/package development
QA/QC review MEP drawings
QA/QC review Structural review meetings
QA/QC review Civil
QA/QC review Landscape
50% review and update with stakeholders
90% complete Architectural plan/package development
QA/QC review MEP drawings
QA/QC review Structural
QA/QC review Civil
QA/QC review Landscape
Sub-consultant review and coordination
Program Manual (Specifications) development
Arch
Sub-Consultant coordination
CoD Boiler Plate coordination
Update OPC
50% complete
90% complete
90% final review with FM/stakeholders
QA/QC
Permit Review and approval
Document package submittal
Review Meeting #1
I Review comments and re-submittal
Review #2
Review comments #2
ICD review meeting w/ Owner/End User
IBIDDING AND CONTRACTING PHASE
Pre Bid meeting
RFI's / Addenda
�Post bid review and contractor interviews
CONSTRUCTION ADMINISTRATION PHASE
Pre-construction meeting(s)
Submittals and shop drawings
Requests for Information
Develop ASI's
Weekly OAC meetings 26 Est 6 months const with weekly meetings = 26
Prepare meeting notes
Monthly Payment reviews and certifications
Change Order review and preparation
Project Closeout stage
Punch lists
Substantial completion documentation
Project Closeout documentation coordination
Record Drawings package
Year End Warranty walk thru
Page 3 of 6
FEE ESTIMATING SHEET PROJECT: IVtumyhill {�'I6'I Jpg NO.: TASK:
REIMBURSABLES
REIMBURSABLE CONSULTANT COSTS SUBTOTAL
Civil Engineering $39,000
Internal LEED Services
Food Service Consultant
Construction Cost Consultant $10,200
Testing Consultant
TAS plan review $1,260
Surveying Consultant
OtherConsultant
TOTAL REIMBURSABLE CONSULTANTS $50,460
REIMBURSABLE EXPENSES
521 Travel
Motel Days @ 2 Men @ /Manday =
AirTravel Air Fare @ $1.00 Men @ /Man =
Parking Days @ $5.00 /Day =
CarRental Days @ $70.00 /Day =
Mileage (gas) Miles @ $0.550 @ Trips =
SUBTOTAL
522 Reproductions
Blackline Prints
34" x 22" Shts @ $0.70 @ Sets =
36" x 24" Shts @ $0.78 @ Sets =
42" x 30 80 Shts @ $1.15 @ 3 Sets = $276.00
Other sf @ $0.15 @ Sets =
Printing:
8-1/2" x 11" B&W 450 Originals @ $0.08 /Sht @ 3 Sets = $108.00
8-1/2" x 11" Color 10 Originals @ $0.50 /Sht @ 1 Sets = $5.00
11" x 17" B&W Originals @ $0.18 /Sht @ Sets =
11" x 17" Color 30 Originals @ $1.00 /Sht @ 1 Sets = $30.00
Binding Cost 3 Sets @ $2.50 /Set = $7.50
Laminating Shts @ $2.00 /Sht =
Scan to file
Burn to CD/DVD CD/DVD @ $13.50 /each =
Scan Specs Originals @ $0.15 /Sht =
Scan Drawings 100 Originals @ $1.50 /Sht = $150.00
SUBTOTAL $577
Models/Renderings Renderings /LS $2.00
Telephone Calls @ /Call
Meals Days @ 1 Persons @ $50.00 /Manday
Field Supplies
Postage Mailings @ $32.00 /Mailing
Publications
Misc Reimbursable Exp
Fax Pages @
Temporary Personnel
Drafting Supplies
Office Supplies
CADD 1 Hours @ /Hour
Field Equip Rental
Interior Design Items Boards /Board
NM Gross Receipt Tax (20) Billed Hrs Applicable
Computer Supplies
TOTAL REIMBURSABLE EXPENSES $577
Page 4 of 6
FEE ESTIMATING SHEET PROJECT: Mayhill 651 JOB NO.: TASK:
DIRECTS
DIRECT CONSULTANT COSTS SUBTOTAL
Structural Consultant $ 31,403.00
Mech/Elec Consultant $ 78,525.50
Environ/Civil Consultant
Architectural Consultant N/A
Food Service Consultant N/A
Construction Cost Consultant
Renderings - (2) Total
TOTAL DIRECT CONSULTANTS $ 109,928.50
DIRECT EXPENSES
621 Travel
Motel Days @ Men @ /Manday =
Air Travel Air Fare @ 1 Men @ $200.00 /Man =
Parking Days @ /Day =
Car Rental Days @ $70.00 /Day =
Mileage Miles @ $0.550 @ 20 Trips =
SUBTOTAL
622 Reproductions
Blackline Prints
34" x 22" Shts @ $0.70 @ Sets =
36" x 24" Shts @ $0.78 @ Sets =
42" x 30 300 Shts @ $1.15 @ Sets = $345.00
Other sf @ $0.15 @ Sets =
Printing:
8-1/2" x 11" B&W 750 Originals @ $0.08 /Sht @ Sets = $60.00
8-1/2" x 11" Color Originals @ $0.50 /Sht @ Sets =
11" x 17" B&W Originals @ $0.18 /Sht @ Sets =
11" x 17" Color 75 Originals @ $1.00 /Sht @ Sets = $75.00
Binding Cost Sets @ $2.50 /Set =
Laminating Shts @ $2.00 /Sht =
Scan to file
Burn to CD/DVD 2 CD/DVD @ $13.50 /each = $27.00
Scan Specs 350 Originals @ $0.15 /Sht = $52.50
Scan Drawings 100 Originals @ $1.50 /Sht = $150.00
SUBTOTAL $710
623 Models/Renderings/Photos Shots @ /Shot
624 Telephone Calls @ /Call
625 Meals Days @ Men @ /Manday
626 Field Supplies
628 Postage Mailings @ /Mailing
629 Publications
630 Misc Reimbursable Exp
631 Fax Pages @
632 Temporary Personnel
633 Drafting Supplies
634 Office Supplies
635 CADD Hours @ /Hour
636 Field Equip Rental
636 Interior Design Items
636 NM Gross ReceiptTax 5.125%of:
647 Computer Supplies
TOTAL DIRECT EXPENSES $710
Page 5 of 6
NELSON+MORGAN, ARCHITECTS
PROJECT BUDGET SHEET
LOCATIONCODE: (?3 � � ������ r����"�"�
PROJECT NAME: Servi�e Cerrter � �` � �� "�� t � � ��� '�� �" � �,` �� � ������
�OB NO.: �a lttr:.P�irY�-r,,:'f�tR � NKf�'�r�nG��r: uu 9e71�¢ wi;ar C;�+;�wip;�i�t �
TASK:
DATE: (?6f(?4f18
FEE TYPE: Lump Sum
PREPARED BY: AFN
PRINCIPAL: AFN
PROJ. MANAGER: TBC�
OVERHEAD RATE:
PROFIT ON LABOR:
PROFIT ON REIMB:
PROFIT ON DIRECTS:
TOTAL FEE: $548,913 LABOR: $319,050
LABOR: $319,050 DIRECTS: $202,826
OVERHEAD: SUBTOTAL: $521,876
REIMB. CONSULTANTS: $26,460
REIMB. EXPENSES: $577 REIMB. FEE: $27,037
DIRECT CONSULTANTS: $202,117
DIRECT EXPENSES: $710 TOTAL FEE: $548,913
LABOR BUDGETS:
CODE DESCRIPTION HOURS COSTS
Firm Principal 24 $4,200
Architect 323 $56,525
Architectural Project Manager 1,165 $133,975
Architectlntern 938 $84,420
Bookkeeper 52 $2,210
Page 1 of 6
EE ESTIMATING SHEET PROJECT:
SALARY
TASK
Project Startup
Contract Execution
Project Kickoff Meeting
As-Built Drawing Integration
Field Survey of Existing Facility
Preliminary Base Drawing(s) Development
Programming
Meeting w/ Stakeholders
Preliminary Program Development
Follow-up Review Meeting
Coordination w/ FM and CoD PM
Code analysis In-house
Code & Utilities Analysis Sub-consult coordination
SCHEMATIC DESIGN PHASE
Prelim design and layout
Prepare alternative bldg design schemes
Consultant - team reviews
Prepare alt. site schemes with consultants
Consultant - team reviews
Opinon of probable cost-budget development
Converting estimator's OPCs to NMA format
Prelim coordination with sub-consultants
MEP
Civil
Structural
DRC Review
Site/Doc concept preparation
DRC meeting/review
DRC de-brief mtg's
Final SD Package Coordination
Graphical Schedule Development
Development of Full SD Package
QA/QC
Presentation Meeting w/ Owner/End User
DESIGN DEVELOPMENT PHASE
Site Plan
Floor/RCP and Base Plans
Exterior elevations
Bldg sections/detail preparation
schedules and details
Demolition and Construction staging
Start Engineering drawings
MEP
Civil
Structural
Landscape
Sub-consultant review and coordination
Interior design/colors and finishes
Color scheme development
samples and presentation
materials review and coordination
Update OPC
Concept review and update with stakeholders
Development of Full DD Package
Final deliverable development
QA/QC
DD review meeting w/ Owner/End User
Page 2 of 6
se���ce�ter JOBNO.:
CATEGORY OF PERSONNEL
RATE PER HOUR
PM
FP FlRCN FlRCNPM INTDSGN Fl-INT[RN BOOKK[[P
$srs.aa $srs.aa $sss.aa $sss.aa $aa.aa $42.56 TOTAL
2 2 8 12
3 3 4 4 4 18
1 6 24 24 55
2 10 32 32 76
1 8 16 32 57
2 16 8 2 28
2 2 32 16 4 56
4 4 4 4 16
4 4 8
2 8 10
2 4 6
32 16 8
2 4 4 4
8 8
2 2 2
32 2 4
2
1
1
1
2
4
2
2
4
1
4
2
1
4
4
40
2
2
4
4
2
4
40
2
4
2
1
1
1
1
4
16
4
2
60
2
4
s
40
60
8
16
16
12
1
1
1
1
4
16
8
8
8
4 4
120 120
2 2
2 2
56
14
16
6
38
2
1
1
1
22
12
6
4
100
6
12
s
40
60
8
16
16
15
2
2
2
2
12
18
8
9
12
12
280
6
6
CONSTRUCTION DOCUMENTS PHASE
Con Doc coordination with sub-consultants
50% complet stage Architectural plan/package development
QA/QC review MEP drawings
QA/QC review Structural review meetings
QA/QC review Civil
QA/QC review Landscape
50% review and update with stakeholders
90% complete Architectural plan/package development
QA/QC review MEP drawings
QA/QC review Structural
QA/QC review Civil
QA/QC review Landscape
Sub-consultant review and coordination
Program Manual (Specifications) development
Arch
Sub-Consultant coordination
CoD Boiler Plate coordination
Update OPC
50% complete
90% complete
90% final review with FM/stakeholders
QA/QC
Permit Review and approval
Document package submittal
Review Meeting #1
I Review comments and re-submittal
Review #2
Review comments #2
ICD review meeting w/ Owner/End User
IBIDDING AND CONTRACTING PHASE
Pre Bid meeting
RFI's / Addenda
�Post bid review and contractor interviews
CONSTRUCTION ADMINISTRATION PHASE
Pre-construction meeting(s)
Submittals and shop drawings
Requests for Information
Develop ASI's
Weekly OAC meetings 52 Est 12 months const with weekly meetings
Prepare meeting notes
Monthly Payment reviews and certifications
Change Order review and preparation
Council and Admin updates and presentatic Est. minimum 4 x 8 hrs min. each
Project Closeout stage
Punch lists (estimate multiple work sequence completions)
Substantial completion documentation
Project Closeout documentation coordination
Record Drawings package
Year End Warranty walk thru
Page 3 of 6
FEE ESTIMATING SHEET PROJECT: ,`�r,�^rvu +^ t`+^nl+��^r JOB NO.: TASK:
REIMBURSABLES
REIMBURSABLE CONSULTANT COSTS SUBTOTAL
Civil Engineering $9,000
Internal LEED Services
Food Service Consultant
Construction Cost Consultant $16,200
Testing Consultant
TAS plan review $1,260
Surveying Consultant
OtherConsultant
TOTAL REIMBURSABLE CONSULTANTS $26,460
REIMBURSABLE EXPENSES
521 Travel
Motel Days @ 2 Men @ /Manday =
AirTravel Air Fare @ $1.00 Men @ /Man =
Parking Days @ $5.00 /Day =
CarRental Days @ $70.00 /Day =
Mileage (gas) Miles @ $0.550 @ Trips =
SUBTOTAL
522 Reproductions
Blackline Prints
34" x 22" Shts @ $0.70 @ Sets =
36" x 24" Shts @ $0.78 @ Sets =
42" x 30 80 Shts @ $1.15 @ 3 Sets = $276.00
Other sf @ $0.15 @ Sets =
Printing:
8-1/2" x 11" B&W 450 Originals @ $0.08 /Sht @ 3 Sets = $108.00
8-1/2" x 11" Color 10 Originals @ $0.50 /Sht @ 1 Sets = $5.00
11" x 17" B&W Originals @ $0.18 /Sht @ Sets =
11" x 17" Color 30 Originals @ $1.00 /Sht @ 1 Sets = $30.00
Binding Cost 3 Sets @ $2.50 /Set = $7.50
Laminating Shts @ $2.00 /Sht =
Scan to file
Burn to CD/DVD CD/DVD @ $13.50 /each =
Scan Specs Originals @ $0.15 /Sht =
Scan Drawings 100 Originals @ $1.50 /Sht = $150.00
SUBTOTAL $577
Models/Renderings Renderings /LS $2.00
Telephone Calls @ /Call
Meals Days @ 1 Persons @ $50.00 /Manday
Field Supplies
Postage Mailings @ $32.00 /Mailing
Publications
Misc Reimbursable Exp
Fax Pages @
Temporary Personnel
Drafting Supplies
Office Supplies
CADD 1 Hours @ /Hour
Field Equip Rental
Interior Design Items Boards /Board
NM Gross Receipt Tax (20) Billed Hrs Applicable
Computer Supplies
TOTAL REIMBURSABLE EXPENSES $577
Page 4 of 6
FEE ESTIMATING SHEET PROJECT: Service Center JOB NO.: TASK:
DIRECTS
DIRECT CONSULTANT COSTS SUBTOTAL
Structural Consultant $ 71,503.40
Mech/Elec Consultant $ 130,613.13
Environ/Civil Consultant
Architectural Consultant N/A
Food Service Consultant N/A
Construction Cost Consultant
Renderings - (2) Total
TOTAL DIRECT CONSULTANTS $ 202,116.54
DIRECT EXPENSES
621 Travel
Motel Days @ Men @ /Manday =
Air Travel Air Fare @ 1 Men @ $200.00 /Man =
Parking Days @ /Day =
Car Rental Days @ $70.00 /Day =
Mileage Miles @ $0.550 @ 20 Trips =
SUBTOTAL
622 Reproductions
Blackline Prints
34" x 22" Shts @ $0.70 @ Sets =
36" x 24" Shts @ $0.78 @ Sets =
42" x 30 300 Shts @ $1.15 @ Sets = $345.00
Other sf @ $0.15 @ Sets =
Printing:
8-1/2" x 11" B&W 750 Originals @ $0.08 /Sht @ Sets = $60.00
8-1/2" x 11" Color Originals @ $0.50 /Sht @ Sets =
11" x 17" B&W Originals @ $0.18 /Sht @ Sets =
11" x 17" Color 75 Originals @ $1.00 /Sht @ Sets = $75.00
Binding Cost Sets @ $2.50 /Set =
Laminating Shts @ $2.00 /Sht =
Scan to file
Burn to CD/DVD 2 CD/DVD @ $13.50 /each = $27.00
Scan Specs 350 Originals @ $0.15 /Sht = $52.50
Scan Drawings 100 Originals @ $1.50 /Sht = $150.00
SUBTOTAL $710
623 Models/Renderings/Photos Shots @ /Shot
624 Telephone Calls @ /Call
625 Meals Days @ Men @ /Manday
626 Field Supplies
628 Postage Mailings @ /Mailing
629 Publications
630 Misc Reimbursable Exp
631 Fax Pages @
632 Temporary Personnel
633 Drafting Supplies
634 Office Supplies
635 CADD Hours @ /Hour
636 Field Equip Rental
636 Interior Design Items
636 NM Gross ReceiptTax 5.125%of:
647 Computer Supplies
TOTALDIRECTEXPENSES $710
Page 5 of 6
Fee used for
fee proposal 4-
27-2018
Basic Services basis: Est Cost of Const Fee basis Fee amount
651 Mayhill - Mat'I Mgmt $2,552,000 7.75% $ 197,780.00
652Mayhill-TrafficOp's $1,500,000 7.75% $ 116,250.00
Service Center $ 6,741,323.00 7.75% $ 522,452.53
� � � /� /� /� ��
Basic Services
Pre Construction Services
Schematic Design Phase 30% $ 94,209.00 $ 156,735.76
Design Development Phase 20% $ 62,806.00 $ 104,490.51
Construction Documents Phase 30% $ 94,209.00 $ 156,735.76
Bidding and Contract Phase 5% $ 15,701.50 $ 26,122.63
Construction Phase Services
Construction Administration 15% $ 47,104.50 $ 78,367.88
TOTAL BASIC SERVICES 300% $ 314,030.00 $ 522,452.53 $ 836,482.53
Supplemental Services
Civil Engineering services 39,000.00 9,000.00
Construction Cost services 10,200.00 16,200.00
TDLR/TAS review services $ 1,260.00 $ 1,260.00
TOTAL SUPPLEMENTAL SERVICES $ 50,460.00 $ 26,460.00 $ 76,920.00
�' / / � %' %
TOTAL BASIC SERVICES
Civil Engineering services
Construction Cost services
TDLR/TAS review services
Civil Engineering services
Schematic Design Phase 40%
Design Development Phase 20%
Construction Documents Phase 30%
Bidding and Contract Phase 0%
Construction Phase Services
Construction Administration 10%
100%
651 Mayhill Service Center
39,000.00 9,000.00 48,000.00
10,200.00 16,200.00 26,400.00
1,260.00 1,260.00 2,520.00
Total
15,600.00
�,soo.00
ii,�oo.00
39,000.00
3,600.00
i,soo.00
z,�oo.00
900.00
9,000.00
19,200.00
9,600.00
ia,aoo.00
4,800.00
48,000.00
Construction Cost services
Schematic Design Phase 40% a,oso.00 6,aso.00 io,s6o.00
Design Development Phase 30% 3,060.00 a,s6o.00 �,9zo.00
Construction Documents Phase 30% 3,060.00 a,s6o.00 �,9zo.00
Bidding and Contract Phase 0% - - -
Construction Phase Services - - -
Construction Administration 0% - - -
100% 10,200.00 16,200.00 26,400.00
TDLR/TAS review services
Schematic Design Phase
Design Development Phase
Construction Documents Phase
Bidding and Contract Phase
Construction Phase Services
Construction Administration
uo.00
i,oso.00
10% -
10% 1,260.00
uo.00
i,oso.00
1,260.00
azo.00
z,ioo.00
2,520.00
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O
ORDINANCE NO.
AN ORDiNANCE OF THE CITY OF DENTON, TEXAS, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH NELSON + MORGAN ARCHITECTS, INC., FOR
ARCHITECTURAL DESIGN SERVICES FOR RENOVATION OF SERVICE CENTER AND 651
MAYHILL AS SET FORTH iN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 6748—PROPESSIONAL
SERVICES AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES AWARDED TO
NELSON + MORGAN ARCHITECTS, INC., IN THE NOT-TO-EXCEED AMOUNT OF
$918,402.53).
WHEREAS, the professional services provider (the "Provider") mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair, and reasonable, and are consistent
with, and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession, and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The City Manager is hereby authorized to enter into a professional service
contract with Nelson + Morgan Architects, Ine., to provide Architectural Design services for the City
of Denton, a copy of which is attached her•eto 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
authoi-ity to take any actions that may be required or permitted to be performed by the City of Denton
under RFQ 6748 to the City Manager of the City of Denton, Texas, or llis 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.
The motion to approve this ordinance was made by and seconded
by , the ordinance was passed and approved by �he
following vote � - �:
Aye Nay Abstain Absent
Mayar Clu•is Watts:
Gerard Hudspeth, District l:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Dalton Gregory, At Large Place 5:
Paul Meltzer, At Large Place 6:
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
�,� ..__..
BY:
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
���,� I�Illlll�uuuuuuu��ii www.cityofdenton.com
��������'���
Legislation Text
File #: ID 18-958, Version: 1
AGENDA CAPTION
Consider nominations for appointment to the City's Board of Ethics.
City of Denton Page 1 of 1 Printed on 6/15/2018
I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv�
City of Denton
_ . City Ha11
�� � 5 215 E. McKinney Street
tiY
�"� �� �" Denton, Texas
www. cityo fdenton. com
DEPARTMENT:
CM/ DCM/ ACM:
DATE:
AGENDA INFORMATION SHEET
City Manager's Office
Bryan Langley
June 19, 2018
SUBJECT
Consider nominations for appointment to the City's Board of Ethics.
BACKGROUND
On May l, 2018, the Denton City Council adopted an Ethics Ordinance (No. 18-757). This ordinance
provides a framework to encourage ethical behavior and enforce basic standards of conduct, while providing
due process and establishing a Board of Ethics as the oversight entity to administer the ordinance.
Per the Ethics Ordinance, a Board of Ethics shall be appointed by majority vote of the City Council and
include a total of seven (7) regular members and three (3) alternate members. Board members will be
appointed for two (2) year staggered terms and are limited to three (3) consecutive terms. As stated in the
Ethics Ordinance Section 2-277 (e), "preference in appointments shall be given to professionals such as
attorneys, architects, engineers, doctors, teachers, pastors, mediators, retired jurist, licensed professional
counselor, and those with licenses demonstrating high levels of education or master craftsmanship in the
building trades".
The following shall disqualify a person from serving on the Board of Ethics:
1. Current service as a City Official;
2. Separation from city service as a City Official within two (2) years of the appointment;
3. Familial relations within the third (3rd) degree of affinity (marriage) or consanguinity (blood or
adoption);
4. Current service as an elected official in Denton County; and/or
5. Conviction of a felony or crime of moral turpitude.
Staff is seeking nominations for appointment to the Board of Ethics. Applications that have been received
are included as Exhibit 2. Nominations made at this meeting can be voted on, should the Council desire,
but approval would be contingent on completion of the confirmation process.
ESTIMATED SCHEDULE OF PROJECT
If nominations to the Board of Ethics are made by June 26, 2018, an item can be prepared for Council to
approve the Board of Ethics nominations at the July 17 meeting. Staff believes this timeline (Exhibit 3)
will allow the Board Ethics to achieve the Council requested September l, 2018 date for the Board of
Ethics to begin hearing complaints.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
May l, 2018 - City Council Adopted Ethics Ordinance 18-757.
May 1 l, 2018 - Staff provided information on the timeline and requested nominations by Wednesday,
June 13 in the Friday Staff Report.
June 4, 2018 — Staff sent a follow-up email to remind City Council of the requested date to receive
nominations.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
EXHIBITS
Exhibit 1- Agenda Information Sheet
Exhibit 2- Applications for the Board of Ethics
Exhibit 3- Proposed Timeline for Board of Ethics
Exhibit 4- Ethics Ordinance 18-757
Exhibit 5 - Presentation
Respectfully submitted:
Bryan Langley
Deputy City Manager
Prepared by:
Charlie Rosendahl
Management Analyst
fj��rr
� / �/
/,
J>t
Boards & Commissions Application
Name: Lara Tomlin Date: 6/14/2018
Home Address:907 W Congress Street Denton TX 76201
(sereer) (ctry) (smre) [zip)
E-mail Address: lara.m.tomlin@gmail.com
Telephone: 9403492622 4696881396
(Home) � (Work) � (Cell) �(Fn.r)
Qualified voter of Denton: o yes ❑ no Resident of Denton for 7 years
City of Denton employee: ❑ yes � no
Occupation: (if retired, indicate former occupation or profession)AttOrlley
Please indicate board / commission preferences:
_ Airport Advisory Board _ Library Board
_ Animal Shelter Advisory Committee _ Parks, Recreation & Beautification Board
,� Board of Ethics _ Planning & Zoning Commission
_ Community Development Adv. Committee _ Public Art Committee
_ Health & Building Standards Commission _ Public Utilities Board
_ Historic Landmark Commission _ Traffic Safety Commission
_ Human Services Advisory Committee _ Zoning Board of Adjustment
Have you ever served on a City of Denton board or commission? ❑ yes o no
If yes, which one?
Please list any special knowledge, education or experience that qualifies you to serve in the areas you have
indicated:
Through my legal education and mandatory continuing legal education, I am trained in ethical issues. I deal with and
receive training in ethical issues in my position as an assistant district attorney. Further, my legal education and training
qualifies me to read and interpret the ordinance that will govern the Board of Ethics.
Professional and/or community activities:
Member of the State Bar of Texas, the Texas District and County Attorney's Association, and a council member of the
Animal Law Section of the State Bar of Texas. I am board certified attorney in Criminal Appellate Law through the Texas
Board of Legal Specialization. I volunteer time as a mentor to University of North Texas Students and host students from
the University of North Texas through its "Take Flight" job-shadowing program. I am a former board member, secretary,
and Chairman of the Denton Animal Support Foundation, former Denton Benefit League member, and former officer in the
Denton County Young Lawyers Association.
Please return completed application to:
City Secretary
City of Denton
215 E. McKinney E-mail: jennifer.walters@cityofdenton.com
Denton, Texas 76201 Fax: 940 349-8596
Rev.06/04/18
5/11/zols
Proposed Ethics Timeline
Mav
May 1- Ordinance Approved
May 15- Ordinance Effective Date
• Deliverables
o Complaint Form (Bojorquez Law Firm)
o Business Interest Disclosure Form (City of Denton)
o Conflict of Interest Disclosure Form (City of Denton)
June
Week of June 18- Materials Review by Staff
• Deliverables
o Training materials for City Officials, Boards and Commissions, and City Council (Bojorquez Law Firm)
o Ethics Training Manual (Bojorquez Law Firm)
June 19- City Council Meeting
• Consideration of nominations to the Board of Ethics
June 26- City Council Meeting
• Consideration of nominations to the Board of Ethics
J�
Week of July 1- Training Session for City Officials, Boards and Commissions, and City Council
• Recorded forfuturetraining use
• Deliverables
o Draft Board of Ethics rules and procedures (Bojorquez Law Firm)
July 17- City Council Meeting
• Board of Ethics nominations approved
Week of July 23- First Board of Ethics Meeting with Alan Bojorquez
• Training session
• Review and revise draft rules and procedures
Au�ust
August 7- City Council Meeting
• Discussion of Board of Ethics rules and procedures
Week of Aug. 14- Board of Ethics Meeting
• Discuss changes related to Council discussion
August 28- City Council
• Council adopts Board of Ethics rules and procedures
September
September 1- Council's Requested Implementation Date
S:\Legal\O ur pocu ments\Ordinances\18\Ordinance-Ethics Draft H OS-01-18 Clean.docx
� ► � \ : \ - \ �'. •
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WHEREAS, the City Council of the City of Denton enacts this new Code of Ethics to foster
a culture of integrity for those who serve the municipality and aur citizenry; and
E EAS, the City Cauncil strives to increase public canfidence in our municipal
government; and
E EAS, the City Council finds that it is the policy of the City that all City Officials
and emplayees shall conduct themselves in a manner that assures the public that we are faithful
stewards of the public trust; and
E AS, the City Council has determined that city officials have a responsibility to the
citizens to administer and enforce the City Charter and City Ordinances in an ethical manner; and
E AS, the City Cauncil wants to enhance public confidence in our municipal
government by providing that each city official must strive not anly ta maintain technical
compliance with the principles af conduct set forth in this Article but to aspire daily to carry out
their duties objectively, fairly, and lawfully; and
E AS, the City Council enacts this Ordinance to ensure that decision makers provide
responsible stewardship of City resources and assets; and
WHEREAS, the City Council intends this Ordinance to provide a framewark within which
to encaurage ethical behaviar and enforce basic standards af conduct while providing due pracess
that protects the rights of the camplainant and the accused, and not to provide a mechanism ta
defame, harass or abuse political opponents, ar publicize personal grudges; and
E EAS, on November 7, 2017, Denton voters approved a propositian amending the
City Charter so as to require the adoption of an ordinance regulating ethics; and
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Ethics Ordinance Requirement.
The City Council shall adapt an ethics ordinance. The ethics ordinance shall
prahibit the use of public afiice for private gain and shall incorporate the conflict
of interest standards that appear in chapter 171 of the Texas Lacal Government
Code and all state law as presently exist or may be hereafter amended or adopted.
The Council may adopt more stringent standards than those that appear in state law,
but the ethics ardinance shall at a minimum include the follawing components:
(1) Definition of a prohibited impraper economic interest and persanal
gain;
(2} Definition af recusal and improper participation when a potential
conflict of interest is present;
(3) Avoidance of appearance of conflict of interest; and
(4) Administration and enforcement of ethics ardinance, including the
power to subpoena witnesses and documents, coupled with strang
and meaningful remedies for infraction;
�
E EAS, prior to commencing the drafting process, the City Council completed two
(2) hours of formal training on state ethics laws and common companents of municipal ethics
policies in Texas; and
WHEREAS, the contents of this draft was selected from a sampling of more than nineteen
(19} municipal ethics policies from across Texas; and
WHEREAS, this document represents the consensus of preferences expressed by the City
Council over a period af eight (8) public wark sessions, and four (4) public hearings, which were
broadcasted. Altogether, the work sessions exceeded twenty (20) hours of deliberations; and
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SECTION 1. FINDINGS OF FACT. The foregoing recitals are incorparated into this
Ordinance by reference as findings of fact as if expressly set forth herein.
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together in harmony. However, all Ordinances, or parts thereof, that are in conflict ar inconsistent
with any provision of this Ordinance including, but not limited to Section 2-62 (Conflict of Interest),
are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and
remain cantralling as ta the matters regulated, herein.
SECTI N 4. SEVE ILITY. Should any of the clauses, sentences, paragraphs,
sectians, or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court
of law or administrative agency with jurisdiction over the matter, such action shall not be construed
to affect any other valid portion of this Ordinance.
SECTI N 5. C IFICATI N. The City Secretary is hereby directed ta record and
publish the attached rules, regulations, and policies in the City's Code of Ordinances as authorized
by Sectian 52.001 of the Texas Local Government Code.
SECTI N 6. EFFECTIVE ATE. This ordinance shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is hereby directed ta cause the caption af
this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the
City of Denton, Texas, within ten (10} days of the date of its passage. In additian, per Section 2-
279( fl af the Ethics Ordinance, the time for filing a Camplaint regarding an alleged violation of the
Ethics Ordinance where the alleged violation accurs after the Effective Date but before the Baard
of Ethics is empaneled shall be talled and not begin ta run until such time as the Board of Ethics is
empaneled and its Rules of Pracedure are confirmed by the City Council.
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seconded b �u� m µ�� ����'( �___,��______________ , the ordinanc�e as assed and� and
The motica�� t�� ��� ��r��^vc t�ais ordinance was made b �� �,����,��'��_,�
Y...... a� .��� �� p aPProved by
the following vote [ '7 - 0� :
Mayor Chris Watts:
Gerard Hudspeth, District 1
Keely G. Briggs, District 2:
Don Duff, District 3:
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John Ryan, District 4: ��
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Dalton Gregory, At Large Place 5: mm m�,P��
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Sara Bagheri, At Large Place 6:
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PASSED AND APPROVED this � day of ����,� �� � , 2018.
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CHRIS '�' �'1 l �, MAY01�
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I�
,� 6' �'�I�.�VED �'� TO LEGAL FORM:
� LEAL, CITY ATTORNEY
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Attachment "A "
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DIVISI N 1. GENE L
Sec.2-265. Authority
This Article is enacted pursuant to the authority granted to the City under Section 14.04 of the
Charter.
Sec.2-266. Purpose
The purpose of this Article is ta faster an environment of integrity for those that serve the City of
Denton and aur citizenry. The City Council enacted this Article in arder to increase public
confidence in aur municipal government, It is the palicy of the City that all City Officials and
employees shall conduct themselves in a manner that assures the public that we are faithful stewards
of the public trust. City Officials have a respansibility to the citizens to administer and enforce the
City Charter and City Ordinances in an ethical manner. To ensure and enhance public canfidence
in our municipal gavernment, each City Official must strive not only to maintain technical
compliance with the principles of conduct set forth in this Article, but to aspire daily to carry out
their duties objectively, fairly, and lawfully. Furthermore, this Article was enacted to ensure that
decision makers pravide responsible stewardship of City resources and assets.
It is not the purpase of this Article to provide a mechanism ta defame, harass or abuse their political
opponents, ar publicize personal grudges. Rather, this Article is intended to provide a framework
within which to encaurage ethical behavior, and enfarce basic standards of conduct while providing
due process that protects the rights of the Camplainant and the Accused.
Sec.2-267. Prospective
This Article shall apply prospectively, and shall nat sustain any Camplaints based on acts ar
omissions alleged to have taken place prior to May 15, 2018.
Sec.2-268. Applicability
This Article applies to the following persans:
(a) City Officials;
(b) Former City Officials whose separatian from city service accurred less than one (1) year
fram the date of the alleged violation af this Article. Application of this Article to Former
City Officials shall be limited to alleged vialations:
(1) that accurred during the term as a City Official;
(2) of the prohibition on representing others for compensation (§2-273(d)(2)); ar
(3) of the prohibitian of subsequent wark on prior projects (§2-273(h));
(c) Vendars; and
(d} Complainant(s), who must comply with this Article's procedures and the prahibitian on
Frivolous Camplaints.
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The following words, terms, and phrases, when used in this Article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Accepted Camplaint: a sworn allegation af
documentation has been submitted to the City
complete.
violation of this Article after the required
Auditor and determined to be administratively
Accused: a City Ofiicial wha has been charged in a Complaint with having violated this Article.
Actianable Complaint: an Accepted Complaint that has been deemed by a Panel ta contain
allegations and evidence thai, if accepted as true, would support a finding that a violatian af this
Article occurred.
Advisory Opznions: written rulings regarding the application of this Article to a particular situatian
or behavior.
Article: this Chapter 2, Article XI af the Code of Ordinances for the City of Denton.
Baseless Complaint; a Camplaint that daes not allege conduct that would constitute a violation
of this Article, or that does not provide evidence that, if true, would support a violation af this
Article.
Board of Ethics: the oversight entity established by the Council to administer this Article.
Business Entity: a sale proprietarship, partnership, firm, corporation, holding campany, joint-stock
company, receivership, trust, political subdivision, gavernment agency, university, ar any other
entity recagnized by law.
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Charged: to be charged with a violation af this Article is to have an Accepted Complaint deemed
Actionable.
Czty: the City of Dentan in the Caunty of Denton and State of Texas.
City Auditor: the person appointed to serve in the capacity provided far by Section 6.04 af the
City Charter, ar their designee and clerical staff acting in the City Auditor's absence.
City Official: for purposes af this Article, the term consists of the Council Members, Department
Heads, ar member af the Board of Ethics, Planning and Zoning Cammission Members, Baard of
Adjustment, Historic Landmark Commissian, or Public Utilities Board.
Code: the Code of Ordinances of the City of Denton, Texas, as such Code may be amended from
time to time.
Complainant: the human individual who submitted a Complaint ta the City.
Complaint: written documentatian submitted to the City accusing a City Official of vialating this
Article.
Confidential Information: any written infarmation that cauld ar must be excepted from disclosure
pursuant to the Texas Public Information Act, if such disclasure has nat been autharized; or any
non-written information which, if it were written, could be excepted from disclosure under that Act,
unless disclasure has been authorized by the City Cauncil or City Manager.
Council: the governing body of the City of Dentan, Texas, including the Mayor and City Council
Members,
Deliberations: discussions at the dais; voting as a Member of the Board or Commission; ar
presentatians as a member of the audience before any City Board or Commission; conversing or
carresponding with other City Officials or Staff. This term does not apply to a general vote on a
broad, comprehensive, or omnibus motion, such as approval of the City budget.
Department Heads: the employees appointed by the City Council, thase being the City Manager,
City Auditor, City Attorney, and Municipal Caurt Judge.
Former City Official: a City Official whose separation from city service occurred less than one (1)
year from the date of an alleged violation af this Article.
Frivolous Complaint.• a sworn Complaint that is graundless and brought in bad faith, ar groundless
and brought for the purpose af harassment.
Interfere: a person interferes with a pracess or activity pertaining to this Article when they
intentionally and wrongfully take part in, or prevent, a City process or activity from continuing or
being carried aui properly or lawfully.
Panel: an ad hoc subcommittee of the Board of Eihics consisting of three (3) members assigned
by the Chairperson or designated by the City Auditar (as applicable) on a rotating basis, at least one
(1} of which is an attorney or retired jurist.
Pending Matter: an application seeking appraval of a permit or other form of authorization required
by the City, State, or Federal law; a proposal to enter into a contract or arrangement with the City
for the provisian of gaods, services, real property, or other things of value; a case involving the
City that is (or is anticipated to be) befare a civil, criminal, ar administrative tribunal.
Person: associations, corporations, firms, partnerships, bodies politic, and corporate, as well as
individuals.
Recklessly: a person acts recklessly when they are aware of but consciously disregard a substantial
and unjustifiable risk that a certain result is probable from either their conduct, or in light of the
circumstances surraunding their conduct. The risk must be of such a nature and degree that to
disregard it canstitutes a gross deviation from the standard of care that an ordinary person would
exercise under the circumstances.
Relative: a family member related to a City Official within the third (3rd} degree af afiinity
(marriage) or cansanguinity (blaod or adoption}.
Shall: a mandatory obligation, not a permissive chaice.
Special Counsel: an independent, autside attorney engaged by the City to advise the City as an
organization and/or the Board of Ethics.
Vendor: a person who pravides or seeks to provide gaods, services, and/or real property to the
City in exchange for compensation. This definition does nat include those property owners from
wham the City acquires public righi-af-way or other real property interests for public use.
I : �
This Article is cumulative of and supplemental to all applicable provisions of the City Charter,
other City Ordinances, and State/Federal laws and regulations. Compliance with this Article does
not excuse or relieve any person from any abligation impased by any other Rule. Attempts to
enfarce this Article shall not be canstrued as foreclosing or precluding other enforcement options
pravided by other law.
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Sec.2-271. Expectations
The following list conveys the City Council's expectations for City Officials. These expectations
are aspirational, and shall nat serve as the basis for a Camplaint.
(a) City Officials are expected to canduct themselves in a manner that fosters public trust.
(b) City Officials are charged with perfarming their public duties in a way that projects a high
level af personal integrity and upholds the integrity af the arganization.
(c) City Officials must avoid behavior that calls their motives into question and erades public
confidence.
(d) City Officials shall place the municipality's interests and the cancerns of thase the City
serves above private, personal interests.
(e) Thase who serve the City are expected to value hanesty, trustwarthiness, diligence,
objectivity, fairness, due process, efficiency, and prudence as values the City prafesses.
(� City Officials must balance transparency with the duty to protect personal privacy and
preserve the confidential information with which the City has been entrusted.
(g) It is neither expected nor required that those subject to this Article relinquish or waive
their individual rights.
Sec.2-272. andates
(a} uty ta eport. City Officials shall report any conduct that the person knows to be a
violatian af this Article. Failure ta report a violation of this Article is a vialatian af this
Article. Far purposes of this section, submittal of a Complaint ar a repart made to the
Fraud, Waste, ar Abuse hotline shall be considered ta be a report under this Section. A
report ta the hotline may remain ananymaus unless disclosed by the caller.
(b) Financial isclosures. All Candidates far City Council, including Candidates for Mayor,
shall file financial informatian reports as required by, and in accardance with, State law.
All prospective Vendars and City Officials shall file disclosure forms as required by, and
in accordance with, State law.
(c) Business Drsclosures. When a Pending Matter is before the City Official, and the City
Official has knowledge af being a partner with one of the owners of the Business Interest
with the Pending Matter, all City Officials shall file with the City Auditor a repart listing
the knawn names af human individuals with whom the City Official or the City Official's
spause is named partner in the fallowing types of businesses: General Partnership, Limited
Partnership, Limited Liability Partnership, or Limited Liability Carporation, or
Prafessional Corporatian. Annual reparts shall be submitted within ninety (90) days af
taking office. Failure to submit a report shall nat serve as a basis far a Complaint unless
the City Official fails ta submit a report within thirty (30) days of being provided written
natification of the omission. Neither the existence of a business relationship as described
in this Section, nor the submission of a report required by this Section shall prevent a City
Official from participating in Deliberations an matters pending before the City absent a
Conflicting Interest.
(a) Conflicts of Interest:
(1) Deliberation Prohibited. It shall be a violation of this Cade for a City Official to
knowingly deliberate regarding a Pending Matter for which the City Official
currently has a Canflicting Interest. City Officials with a current Conflicting
Interest in a Pending Matter must recuse themselves and abstain from
Deliberatians. It is an exceptian to this recusal requirement if the City Official
serves on the City Council, Planning and Zaning Cammissian, Board af Ethics,
Histaric Landmark Commissian, Public Utilities Board, or Board af Adjustment;
and a majority of the members of that body is composed af persans who are
likewise required to file (and who do file) disclosures on the same Pending Matter.
(2) Disclosure Required. If a City Official has a Conflicting Interest in a Pending
Matter, the Ciiy Official shall disclase the nature of the Conflicting Interest by
filing a swarn statement with the City Auditar. Disclosures under this subsectian
shall be far the time period, including the previous calendar year, and up to date
where the Conflicting Interest arises before the City Official.
(3) Definition of Conflicting Interest. Far purposes of this Article, the term is defined
as follows:
Conflicting Interest: a stake, share, equitable interest, or invalvement in an
undertaking in the form of any one (1) ar mare of the following:
(A) ownership af five percent (5%) or more voting shares or stack in a
Business Entity;
(B) receipt of more than six-hundred dollars ($600.00) in gross annual
incame fram a Business Entity, as evidenced by a W-2, 1099, K-1, ar
similar tax form;
(C) ownership of more than six-hundred dollars ($600.00) of the fair
market value af a Business Entity;
(D) awnership of an interest in real property with a fair markei value af
more than six-hundred dollars ($600.00);
(E) serves on the Board af Directars or as an Officer af a Business Entity,
unless the City Official was appointed to that position by the City
Council; and/or
(F) serves on the Board of Directors (i.e., gaverning body) or as an Officer
af a nanprofit carparation or an unincorporated association, unless the
City Official was appointed to that pasitian by the City Council.
A City Official is considered ta have a Conflicting Interest if the City
Official's Relative has a Conflicting Interest.
The term Conflicting Interest does not include awnership of an interest in a
mutual or cammon investment fund that holds securities or assets unless the
City Official participates in the management of the fund.
(b) Gifts.
(1) General. It shall be a violatian of this Article for a City Official ta accept any gift
that might reasonably tend to influence such Officer in the discharge of official
duties.
(2) Specific. It shall be a violation af this Article for a City Official to accept any gift
far which the fair market value is greater than fifty dollars ($50.00). It shall be a
violatian of this Article for a City Official to accept multiple gifts far which the
cumulative fair market value exceeds two hundred dallars ($200,00) in a single
fiscal year.
(3) It shall be a violation af this Article far a Vendor to offer or give a Gift to a City
Official exceeding fifty dallars ($50.00) per gift, or multiple gifts cumulatively
valued at mare than twa hundred dollars ($200.00) per a single fiscal year.
(4) Definitian af Gift. Anything of monetary value, including but not limited to cash,
personal praperty, real property, services, meals, entertainment, and travel
expenses.
(5) Exceptions. This definitian shall not apply to the fallowing, which are allowed
under this Article:
(A) a lawful campaign contribution;
(B) meals, lodging, transportatian, entertainment, and related travel expenses
paid for (ar reimbursed by) the City in connection �vith the City Official's
attendance at a conference, seminar or similar event, or the coordinator of
the event;
(C) meals, lodging, transpartation, or entertainment furnished in connectian with
public events, appearances, or ceremonies related to official City business,
nonprofit functions, ar charity functions, or cammunity events, if furnished
by the sponsor of such events (wha is in attendance);
(D) camplimentary copies of trade publications and ather related materials;
(E) attendance at hospitality functians at local, regional, state, ar national
association meetings and/or conferences;
(F) any gift that wauld have been offered ar given ta the City Official because
of a personal, familial, professianal relationship regardless of the City
Official's capacity with the City;
(G) tee shirts, caps, and ather similar pramational material; and
(H} complimentary attendance at political, nonprofit, or charitable fund raising
events.
(6} Donations. It is not a violation under this Article for a City Official ta accept a
Gift prohibited by this Article on behalf of the City of Denton. Conveyance of a
Gift prohibited by this Article ta the City af Dentan ar a nonprofit corparation
cures any potential vialation.
(7) Reinzbursement. It is nat a violation under this Article for a City Official to accept
a Gift prohibited by this Article and pramptly reimburse the Persan the actual cast
or fair market value of the gift.
(c) Outside Employment.
(1) ApplicabiliCy of Section. This subsectian applies to Department Heads.
(2) Prohibition. It is a violation of this Article for a Department Head ta solicit,
accept, or engage in concurrent outside employment which could reasonably be
expected to impair independence of judgment in, ar faithful performance of,
official duties.
(3) Disclosure and Consent. It is a violatian of this Article far a Department Head to
accept employment fram any Person ather than the City without first disclosing
the prospective employment arrangement in writing ta the Mayar and receiving
the Mayar's written consent.
(d) epresentation of Others.
(1) Current City Officials. It shall be a vialation of this Article far a City Official to
represent far campensation any persan, group, ar entity before a board ar
cammission of the City. For purpases of this subsection, the term campensatian
means maney ar any other thing of value that is received, ar is to be received, in
return for or in connection with such representation.
(2) Farrrcer City Officials. It shall be a violatian of this Article for a City Official to
represent far compensation any persan, graup, ar entity before the City Council
or a board, commission, or staff of the City for a period of ane (1) year after
terminatian of afficial duties. This prohibitian applies to representation in the
farm of advocacy or labbying regarding discretianary approvals of the City, not
rautine, ministerial actions. Far purposes af this subsection, the term
compensation means money ar any ather thing of value that is received, ar is to
be received, in return for or in connectian with such representation. The
prohibition in this subsection solely applies ta the Former City Official, and shall
not be construed to apply to ather affiliated Persons. This subsection does nat
apply to Former City Officials wha represent athers far campensatian in the
course of applying for non-discretianary, ministerial permits and routine
approvals. It shall be an exceptian to this Article when the Former City Official
is employed by ar awns a small business which existed before the Farmer City
Official commenced service as a City Official and is the sole saurce of
specialized knowledge or expertise necessary within that small business, and that
knawledge ar expertise is necessary to transact business with the City.
(e) Improper Influence. It shall be a violatian of this Article far a City Official ta use such
person's afficial title/pasition to:
(1} secure special privileges or benefits far such person ar athers;
(2) grant any special consideration, treatment, or advantage to any citizen, individual,
business organization, or group beyand that which is normally available ta every
ather citizen, individual, business organizatian, or group;
(3} assert the prestige of the official's or employee's City pasitian for the purpose af
advancing or harming private interests;
(4) state or imply that the City Official is able to influence City action on any basis
other than the merits; ar
(5) state or imply to state or local governmental agencies that the City Official is acting
as a representative of the City, as an arganization, ar as a representative af the Ciiy
Cauncil without first having been authorized by the City Council to make such
representation (except the Mayor, City Manager, and City Attorney).
(� Misuse of Information.
(1} Persanal Gain. It shall be a violation of this Article far a farmer City Official to
use any confidential infarmatian ta which the City Official had access by virtue af
their afficial capacity and which has not been made public concerning the
property, operations, palicies, or affairs of the City, to advance any personal or
private financial interest of any Person.
(2} Confidential Information. It shall be a violatian of this Article for a City Official
to intentionally, knowingly, or recklessly disclose any confidential infarmation
gained by reasan af the City Official's position concerning the praperty,
operations, policies, ar affairs of the City. This rule daes not prahibit the reporting
of illegal or unethical conduct to authoriiies designated by law.
(g} Abuse af esaurces. It shall be a vialation of this Article for a City Official to use,
request, or permit the use of City facilities, persannel, equipment, software, supplies, ar
staff time for private purpases (including political purposes), except to the extent and
accarding to the terms that those resources are generally available to ather citizens and
the City Officials far official City purposes.
(h) Abuse of Positian. It shall be a violation of this Article for any City Official to engage
in the following:
(1) Harassment & Discrirrtination. Use the Official's position to harass or discriminate
against any person based upon ethnicity, race, gender, gender identity, sexual
orientation, marital status, parental status, or religion.
(2) Interference. Interfere with any criminal or administrative investigation alleging
the violation of any provision of this Article, the City Charter, administrative
policy, or executive order in any manner, including but nat limited to seeking ta
persuade or coerce City employees or others to withhold their cooperation in such
investigation is a violation of this Article.
(i) Subsequent Work on Prfor Projects. It shall be a vialaiion of this Article for any former
City Official, within ane (1) year of the cessation of official duties for the City, to perfarm
work on a compensated basis relating to a City contract or arrangement for the pravision
of goods, services, real property, or other things of value, if while in City service the
former City Official personally and substantially participated in the negatiation, award ar
administration of the contract or other arrangement. This Section does not apply to a City
Official whose involvement with a contract or arrangement was limited to Deliberatians
as a member of the City Council, Planning and Zaning Commission, Board of Adjustment,
Historic Landmark Commission, or Public Utilities Board.
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(a) City Auditor. The City Auditor's Office shall be responsible to provide staff and clerical
support to the Board of Ethics to assist in the implementation and enforcement of this
Article. The degree of support required shall be at the discretion of the City Auditor.
Nothing herein creates a duty for the City Auditar to enfarce this Article. Furthermore,
this Article shall not be construed as requiring the City Auditar to investigate allegatians
of violatians of this Article submitted via the Fraud, Waste, or Abuse hatline.
(b) Conflicts Log. The City Auditor's Office shall, in cooperation with the City Secretary's
Office, maintain a Conflicts Log on an ongoing basis listing the Conflicting Interests
disclosed by City Officials in accordance with this Article. The log is a public record.
The City Auditar is neither authorized nor required ta inspect or act upan the content af
the Conflicts Log.
(c) City Manager. If a Complaint accuses the City Auditor of violating this Article, the
duties af the City Auditor under this Article shall be perfarmed by the City Manager for
purposes of processing that Complaint.
Sec. 2-275. Legal Counsel
(a) City Attorney. The City Attarney shall provide legal support to the City Auditor and the
Board of Ethics in the administration of this Article. Nothing herein shall be construed to
limit the authority of the City Attorney ta render legal guidance in accordance with the
City Attorney's professional obligatians and standards.
(b) Special Counsel. Independent, outside legal services shall be engaged by the City
Attarney on the City's behalf to provide legal support to the City Auditor and the Baard
af Ethics when:
(1} in the City Attorney's discretion it is necessary in arder to comply with the Texas
Disciplinary Rules af Prafessianal Conduct (for lawyers), ar is in the best interest of
the City; ar
(2) when the City Council deems Special Counsel is necessary.
(a) Curriculum. The City Auditor shall approve a training pragram that pravides an
introduction and overview af the expectation, mandates, and prahibitions provided for by
this Article,
(b) Orientation. City Officials shall complete a training session regarding this Article within
ninety (90) days of cammencing their afficial duties.
(c) Annual. City Officials shall camplete an annual training session regarding this Article.
(d} Exiting fficials. Information shall be provided ta City Officials terminating their City
service regarding the continuing restrictians on the representation af others by certain
former City Officials.
�`i�b : � � � � �
(a) Creation. There is hereby created a Board of Ethics for the City af Denion.
(b) Appointment. The Board of Ethics shall be appointed by majority vote af the City
Council.
(c} Number. The Board af Ethics shall cansist of seven (7) regular members, and three (3)
alternate members.
(d) Terms. Board af Ethics members (regular and alternates) shall be appointed for two (2)
year, staggered terms. Members may be reappointed for successive terms. Appaintment
to fill a vacancy shall be for the remainder of the unexpired term. Members of the
inaugural Board of Ethics shall draw straws to determine which three (3) members shall
receive an initial term af ane (1) year in arder ta stagger terms. In total, members may
only serve three (3) consecutive ierms. A member may be reappointed na saoner than
one (1) year after expiration of a previous term.
(e) Eligibility. Membership on the Board of Ethics is limited to residents af the City of
Dentan. Preference in appaintments shall be given to professionals such as attorneys,
architects, engineers, doctors, teachers, pastars, mediatars, retired jurists, licensed
prafessional counselors, and those with licenses demanstrating high levels af educatian
or master craftsmanship in the building trades. The Board shall be camprised of at least
three (3) members who are attarneys or retired jurists.
(� Ineligibility. The fallawing shall disqualify a person from serving an the Board of Ethics:
(1) current service as a City Official;
(2) separatian from city service as a City Official within two (2) years af the
appaintment;
(3) familial relations within the third (3rd) degree of affinity (marriage) or
consanguinity (blaod or adoptian};
(4) current service as an elected ofiicial in Dentan Caunty; and / ar
(5) canviction of a felony or crime af maral turpitude.
(g) Alternates. Alternate members of the Board af Ethics shall attend meetings only upan
request by the City Auditar's Office. The rale of an alternate is to participate in meetings
of the Board af Ethics as a replacement for a regular member wha is absent ar abstaining.
(h) Scape of Authority. The Board of Ethic's jurisdiction shall be limited ta implementatian
and enforcement of this Article, and shall include the authority to administer oaths and
affirmations, issue and enfarce limited subpaenas to campel the attendance of witnesses
and the praduction of testimony, evidence, and/ar documents as is reasanably relevant to
the Actionable Complaint, as provided by the City Charter. The issuance and enfarcement
of subpoenas shall be only upon a maj ority vote af the Baard af Ethics, in accardance with
the Rules of Pracedure, and enforcement shall be through any of the Sanctian optians
listed herein.
(i) Amendments. The Board af Ethics may recommend amendments to this Article. A
recommendatian from the Board of Ethics is nat required far the City Cauncil to exercise
its discretion in amending this Article.
(j} Officers. At the first meeting af each fiscal year the Board of Ethics shall select fram
amang its members a Chairpersan and Vice-Chairperson.
(k) ules of Pracedure: The Board af Ethics shall adopt rules of pracedure gaverning haw
to canduct meetings and hearings. Such pracedural rules are subject ta confirmation or
modification by the City Cauncil.
(1) emoval: The City Council may, by a vote of two-thirds (2/3), remave a member of the
Board of Ethics for cause. Justificatians warranting removal for cause shall include
neglect of duty, incompetence, grass ignorance, inability or unfitness for duty, or
disregard of the Code of Ordinances.
Sec. 2-278. Advisory Opinions
(a} equests. Any City Official may request an Advisary Opinion on a question af
compliance with this Article. Requests shall be submitted in writing to the City Auditar,
wha shall assign the request to a Panel ar Special Counsel.
(b} Issuance. A Panel af the Board af Ethics shall issue Advisory Opinians upan request.
Advisory Opinions shall be issued within thirty (30) days of receipt of the request. This
time limitation is tolled and shall nat run until the Baard af Ethics is empaneled and its
Rules of Procedure are confirmed by the City Council.
(c) eliance. It shall be an affirmative defense to a Camplaint that the Accused relied upon
an Advisory Opinion. In making a determinatian an the praper disposition of a
Complaint, the Board of Ethics may dismiss the Complaint if the Board finds that:
(1) the Accused reasonably relied in good faith upon an Advisory Opinion;
(2} the request for an Advisary Opinion fairly and accurately disclased the relevant
facts; and
(3} less than five (5) years elapsed between the date the Advisory Opinion was issued
and the date of the conduct in question.
Sec.2-279. Co plaints
(a) Co plainants. Any person who has first-hand knawledge that there has been a violation
of Sections 2-272 and 2-273 of this Article may allege such vialatians by submitting a
Complaint. The persons who may submit Complaints includes (but is not limited to)
members af the Baard of Ethics.
(b) For . Complaints shall be written on, or accompanied by, a completed form pramulgated
by the City Auditor.
(c) Cantents. A Complaint filed under this section must be in writing, under oath, must set
farth in simple, concise, direct statements, and state:
(1) the name of the Complainant;
(2} the street or mailing address, email address, and the telephone number af the
Complainant;
(3) the name of each person Accused of violating this Article;
(4) the positian or title of each person Accused of violating this Article;
(5) the nature of the alleged violatian, including (whenever passible} the specific
pravision of this Article alleged to have been violated;
(6) a statement of the facts canstituting the alleged violation and the dates on which, or
period af time in which, the alleged violation occurred; and
(7) all documents or aiher material available ta the Complainant that are relevant to
the allegation.
(d) Violation Alleged. The Complaint must state on its face an allegation that, if true,
constitutes a violation of this Article.
(e) Affidavit. A Complaint must be accompanied by an affidavit stating that the Complaint
is true and correct or that the Complainant has good reason to believe and does believe
that the facts alleged constitute a vialation of this Article. The Complainant shall swear to
the facts by oath before a Notary Public or other person authorized by law to administer
oaths under penalty of perjury.
(� Limitatians Period. To be accepted, a Complaint must be brought within six (6) manths
of the Complainant becoming aware of the act or omission that canstitutes a violation of
this Article. A Complaint will not be accepted more than two (2) years after the date of
the act or omission. Notwithstanding the foregoing, nothing in this subsection shall be
construed to extend the one (1) year limitation af activity applicable to Former City
Officials. The time for filing a Complaint regarding an alleged violation of this Article
where the alleged violation occurred after the Effective Date but before the Board of
Ethics is empaneled shall be tolled and not begin to run until such time as the Board of
Ethics is empaneled and its Rules of Procedure are confirmed by the City Council.
(g) Filing. Complaints shall be submitted to the City Auditor. Submission of Complaints
may be made by hand delivery, U.S. Mail, ar email directed ta an email address publicly
listed by the City Auditor.
(h) Acceptance of Complarnt. Within five (5) business days af receiving a Complaint, the
City Auditor shall determine if it is administratively camplete and timely.
(1) Administratively Complete. A Complaint is administratively complete if it
contains the infarmation described above. If the Complaint is administratively
complete, the City Auditor shall proceed as described in this Article. If the
Complaint is incomplete, the City Auditor shall send a written deiiciency notice
to the Complainant identifying the required information that was nat submitted.
The Complainant shall have ten (10) business days after the date the City Auditor
sends a deficiency notice to the Complainant to provide the required information
ta the City Auditor, ar the Complaint is automatically deemed abandaned and may
not be processed in accordance with this Article. Within iive (5) business days of
a Complaint being abandoned, the City Auditor shall send written notification to
the Complainant and the Accused.
(2) Timely. To be timely, a Complaint must be brought within six (6) months of the
Complainant becoming aware of the act or omission that canstitutes a violation of
this Article. A Complaint will not be accepted more than two (2) years after the
date of the act or omission.
(i) Notification of Acceptance. Within iive (5) business days of determining that a
Complaint is administratively complete and timely, the City Auditor shall send a written
notification of acceptance to the Complainant, the Accused, and the City Attorney.
For purposes of this provision, a Complaint shall be considered Accepted when the City
Auditor has deemed the submittal administratively complete and timely.
(j) Canfidentialrty. A Complaint that has been submitted to the City is hereby deemed
canfidential until such time as the Complaint is either dismissed ar placed on an agenda
far cansideratian by the Baard of Ethics in accardance with this Article. Clerical and
administrative steps shall be taken to identify and manage canfidential information in
accordance with this Article. The confidentiality created by this Article includes the fact
that a Camplaint was submitted and the contents of that Complaint. It shall be a violatian
of this Article far a City Official to publicly disclose infarmatian relating ta the filing ar
pracessing of a Complaint, except as required for the performance of official duties ar as
required by law. Requests for recards pertaining ta Complaints shall be responded to in
campliance with the State law. The limited canfidentiality created by this Article is
limited in scope and application by the mandates of the Texas Public Infarmation Act,
Chapter 552 of the Texas Government Cade.
(k) Ex Parte Communicatians. After a Complaint has been filed and during the pendency
of a Complaint before the Board of Ethics, it shall be a violation of this Article:
(1) far the Complainant, the Accused, ar any person acting on their behalf, to engage
or attempt to engage directly ar indirectly about the subject matter ar merits of
a Complaint in ex parte communication with a member of the Board af Ethics or
any known witness ta the Complaint; or
(2) far a Member of the Board of Ethics, ta knawingly allaw an ex parte communication
about the subject matter or merits af a Complaint, ar ta communicate about any
issue of fact or law relating to the Camplaint directly or indirectly with any
person ather than a Member af the Board of Ethics, the City Auditar's affice, the
City Attorney's ofiice, or Special Caunsel.
:I ' •
(a) Referral to Chairpersan. Accepted Complaint(s} shall be referred to the Chairperson af
the Baard af Ethics within five (5) business days af being determined administratively
complete.
(b) Assignment of Panel. Within five (5} business days of receiving an Accepted Complaint,
the Chairperson of the Board af Ethics sha11 assign the Complaint ta a Panel far
Preliminary Assessment. The Chairperson shall order a meeting af the Panel, which shall
be conducted in campliance with the Texas Open Meetings Act. Each Panel shall select
a Presiding Officer to conduct Panel deliberations.
(c} Panel Determination. Within ten (10} business days af being assigned an Accepted
Complaint, the Panel shall review the Complaint on its face and determine whether the
Complaint is:
(1) Actionable: the allegations and evidence contained in the Camplaint, if true,
would constitute a violatian of this Article.
(2) Baseless: the allegations and evidence contained in the Complaint, if true, wauld
not constitute a violatian af this Article.
Actianable Complaints shall be returned ta the Chairperson far listing on an agenda for a
public hearing. Baseless Camplaints shall be dismissed. Written notification of the
Panel's determinatian shall be filed with the City Auditor and sent ta the Chairpersan,
Complainant, the Accused, and the City Attarney within twa (2) business days. Written
notifications of dismissal shall include natice of the right to appeal.
(d) Appeals. A Panel's preliminary assessment under this Section 2-280 may be appealed
ta the Board af Ethics by either the Camplainant or the Accused, as applicable. An appeal
shall be perfected by filing a written notice af appeal with the City Auditar within ten (10)
business days of the date of the written notiiicatian.
Sec.2-281. Meetings
(a) Calling eetings. Meetings af the Board af Ethics shall be called upon request of the
Chairperson, three (3) members, or the City Auditor.
(b) uorum. The quorum necessary to canduct meetings of the Board of Ethics shall be four
(4}. The Chairpersan (or acting chairpersan) shall count toward the establishment af a
quarum and retains the right ta vote,
(c) Hearings:
(1) Scheduling: Hearings shall be scheduled by the City Auditar upon the filing of:
(A) a Panel determination that a Complaint is Actionable; or
(B) an Appeal challenging a Panel's dismissal of a Complaint as Baseless.
(2) Pu�°pose: The purpose of the hearing(s) shall be salely ta determine whether:
(A) a violatian of this Article occurred, and if so ta assess the appropriate
sanction;
(B) an Accepted Camplaint was erroneously dismissed as Baseless by a Panel;
and/ ar
(C) an Accepted Complaint is Frivolous.
(3) Sworn Testimony: All witness testimany provided to the Board of Ethics shall be
under oath.
(4) Burden af Proof.• Because the burden af shawing that a violatian af this Article
occurred is placed on the Complainant, it is the Camplainant that has the obligation
to put farth evidence, including testimany, supparting the Complaint. The
Camplainant is required ta testify at the hearing. A Complainant's failure to testify
at a hearing shall be grounds for dismissal of a Camplaint.
(5) Representation: The Accused shall have a right to present a defense. Both the
Complainant and the Accuser have a right to be represented by legal counsel.
(d) Open eetings. All meetings and hearings of the Board of Ethics, including Panel
deliberations, shall be conducted pursuant to the Texas Open Meetings Act. The Board
of Ethics may convene in Executive Session (i.e., canduct a closed meeting) as allowed
by the Act. All final actions of the Board of Ethics shall take place in open session.
(e) Postponement in Certain Instances.
(1) Board: Proceedings may be pastpaned upan majority vote by the members of the
Board of Ethics.
(2) Parties: The Complainant and the Accused are each entitled to ane (1)
posiponement withaut cause. Additional postponements shall be solely far good
cause and at the discretion of the Board of Ethics.
(3) Criminal Praceedings: If a Complaint alleges facts that are involved in a criminal
investigation or a criminal proceeding before a grand jury or the caurts, the Board
of Ethics may, when a majarity of its members deem appropriate, postpone any
hearing ar any appeal concerning the Complaint until after the criminal
investigatian ar criminal proceedings are terminated.
�.`�"�►•b.�.�►#1 � ��i'Ti"�f�fTi1
(a) Dismissal. If the Baard of Ethics determines at the conclusion of a hearing by simple
majority vote of its members that a Complaint should be dismissed, it may do so upan
finding:
(1) the Camplaint is Baseless;
(2) the alleged violatian did not occur;
(3) the Accused reasonably relied in gaod faith upan an Advisory Opinion, as
provided in this Article; ar
(4) the Complainant failed to testify at the hearing.
(b) Sanctions. If the Board of Ethics determines by simple majority vote of those present
and voting at the conclusion af a hearing that a vialation has accurred, it may within ten
(10) business days impase or recammend any of the following sanctions:
(1) Letter of Notification. If the violatian is clearly unintentianal, or when the
Accuser's action was made in reliance on a written Advisary opinion, a letter of
natificatian shall advise the Accused of any steps to be taken to avoid future
violatians.
(2) Letter af Admonition. If the Board af Ethics finds that the vialation is minor
and may have been unintentional, but calls far a more substantial response than a
letter af notification.
(3) Letter of Reprimand. If the Board of Ethics finds that the violation:
(A) was minor and was committed knawingly, intentianally, ar in disregard
of this Article; ar
(B} was serious and may have been unintentional.
(4) Recommendation of Suspension. If the Baard of Ethics finds that a violatian
was committed by a member of the Planning & Zaning Commission, Zoning
Board of Adjustment, Baard of Ethics, Public Utilities Board, Historic Landmark
Cammission, or a Department Head, and it:
(A} was serious and was committed knowingly, intentionally, or in disregard of
this Article or a state conflict of interest law; or
(B} was minor but similar io a previous violation by the Person, and was
committed knowingly, intentianally or in disregard of this Article.
The final authority to impase a suspension rests with the City Council.
(5) Ineligibility. If the Board af Ethics finds that a Vendor has violated this Article,
the Baard may recammend to the City Manager that the Vendor be deemed
ineligible ta enter into a City cantract or ather arrangement far goads, services, or
real praperty, for a period of one (1} year.
Natice of all sanctians imposed by the Board of Ethics shall be transmitted to the
Accused, Complainant, City Auditor, City Attarney, and City Cauncil.
(c) Frfvolous.
(1) Prohibition. It is a vialation of this Article for a Persan to submit a Frivalous
Complaint.
(2) Super-Majarity Vate. If the Board of Ethics determines at the canclusian af a
hearing by a vote af two-thirds (2/3) of its Members that a Camplaint was
Frivalous, the Board may impose a sanction as provided by Section 2-282(b),
(3) Factors. In making a determinatian on frivality, the Board af Ethics shall cansider
the following factors:
(A) the timing af the swarn Camplaint with respect to when the facts
supporting the alleged violatian became knawn or should have became
knawn ta the Camplainant, and with respect to the date of any pending
election in which the Accused is a Candidate or is involved with a
candidacy, if any;
(B) the nature and type of any publicity surrounding the filing of the swarn
Complaini, and the degree of participation by the Complainant in
publicizing the fact that a Complaint was filed;
(C) the existence and nature of any relationship between the Accused and the
Complainant befare the Camplaint was filed;
(D) if the Accused is a Candidate for Election to Office, the existence and
nature of any relationship between the Complainant and any Candidate
or group opposing the Accused;
(E) any evidence that the Complainant knew or reasonably should have
knawn that the allegations in the Complaint were groundless; and
(F) any evidence of the Camplainant's motives in filing the Complaint.
(4) External Remedies. Complainants who submit Frivolous Complaints are hereby
notified that their actions may subject them to criminal prasecutian for perjury
(criminal prosecution), or civil liability for the torts af defamatian or abuse of
process.
: ' • � � • �
The Complainant or Accused may request the Board of Ethics to reconsider its decisian. The request
must be filed with the City Auditor within five (5) business days of receiving the final opinion of
the Board of Ethics. The request for reconsideratian shall be sent to the Chairperson of the Board
of Ethics and the non-filing party (Complainant or Accused). Tf the Chairpersan finds, in the
Chairperson's sale discretion, that the request includes new evidence that was not submitted at a
prior hearing, and that the new evidence bears directly on the Board of Ethic's previous
determination, the Chairperson shall schedule a hearing an the request for reconsideration to occur
within thirty (30) business days after filing with the City Auditor. Absent new evidence, the
Chairperson shall unilaterally dismiss the request for reconsideration and provide notice to the
Parties.
f: •�"��►�b•�:��►` • �[�"'Li��'ii1
(a) City Council. No Person shall be employed by the City who is related to any member of
the City Council within the third (3`d) degree of affinity or cansanguinity.
(b) Department Supervisor. No Person shall be employed by the City in a department ifthe
Person is related to the City Manager or the department supervisor within the third (3rdl
J
degree of affinity or consanguinity.
(c) Preexisting Employment. The prohibitions of this Section da not apply to a Person who
was employed by the City more than six (6) manths prior.
�Y�'�►•b�.3.� � ,. , . , � � . , ►�
(a) Deadlines. Any deadline provided in this Article shall be construed as expiring at 5:00
p.m. local time on the last day.
(b) Mailbox Rule. Under this Article, a deadline for any response or request for appeal is met
when the date the response or request far appeal is mailed falls within the timeline
requirements of this Article. The posted date of any mailing will cantrol whether it meets
the timeline requirements of this Article.
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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File #: ID 18-970, Version: 1
Legislation Text
AGENDA CAPTION
Consider a nomination to the Public Art Committee from the Greater Denton Arts Council.
City of Denton Page 1 of 1 Printed on 6/15/2018
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DEPARTMENT:
CM/ DCM/ ACM:
DATE:
AGENDA INFORMATION SHEET
City Manager's Office
Bryan Langley
June 19, 2018
SUBJECT
Consider a nomination to the Public Art Committee from the Greater Denton Arts Council.
BACKGROUND
Guy Bruggeman's term on the Public Art Committee expired and he has been serving until a replacement
could be appointed. This position is nominated by the Greater Denton Arts Council. The GDAC has
nominated Terry Nobles.
EXHIBITS
Exhibit 1— Agenda Information Sheet
Respectfully submitted:
Jennifer Walters
City Secretary
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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File #: ID 18-870, Version: 1
Legislation Text
AGENDA CAPTION
Resolution of Appreciation for Dalton Gregory.
City of Denton Page 1 of 1 Printed on 6/15/2018
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City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
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File #: Z18-0006c, Version:
Legislation Text
AGENDA CAPTION
Hold a public hearing and consider adoption of an ordinance to rezone approximately 1.33 acres from a
Downtown Residential 1(DR-1) to a Downtown Commercial General (DC-G) District. The property is
generally located south of Underwood Street along Avenue A, in the City of Denton, Denton County, Texas;
adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of
$2,000.00 for violations thereof; providing a severability clause and an effective date. (Z18-0006, Fire Station
3, Hayley Zagurski).
City of Denton Page 1 of 1 Printed on 6/15/2018
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DEPARTMENT:
CM:
DATE:
City of Denton
AGENDA INFORMATION SHEET
Department of Development Services
Todd Hileman
June 19, 2018
City Ha11
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
SUBJECT
Hold a public hearing and consider adoption of an ordinance to rezone approximately 133 acres from a
Downtown Residential 1(DR-1) to a Downtown Commercial General (DC-G) District. The property is
generally located south of Underwood Street along Avenue A, in the City of Denton, Denton County, Texas;
adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount
of $2,000.00 for violations thereof; providing a severability clause and an effective date. (Z18-0006c, Fire
Station 3, Hayley Zagurski).
BACKGROUND
This request is to rezone a single tract of unplatted property from Downtown Residential 1(DR-1) to
Downtown Commercial General (DC-G) District to facilitate the development of a new fire station. City of
Denton Fire Station Number 3 currently exists on the property. Fire stations are considered a"community
service" use, which is not permitted within the DR-1 District.
The current fire station is classified as a Special Exception per Section 35.11.13 of the Denton Development
Code (DDC). The use could continue on the property without rezoning; however, the existing fire station
will be demolished. After a voluntary demolition, the Special Exception status is lost, so the rezoning is
required to develop a new fire station and parking lot.
The new fire station development would be located on both the subject property and the adjoining lot to the
west, which is currently zoned DC-G District. McCormick Street, located between the two lots has been
closed and will be abandoned as part of this development. To facilitate the development and consolidate
the zoning for the property, the applicant has requested to rezone the subject property to DC-G District.
A full Staff Analysis is provided in Exhibit 2.
OPTIONS
l. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
Staff recommends approval of this request.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
This case was originally noticed for the May 9, 2018 P&Z and June 5, 2018 City Council meetings;
however, notification signs were not posted on the property by the deadline so the case was re-noticed and
postponed to the next available meeting date.
On May 23, 2018 the Planning and Zoning Commission held a public hearing and recommended approval
of the request [6-0]. At the public hearing, the applicant was available and answered one question regarding
the height of the new fire station building. The Commission also discussed the possible need for a"no
parking" zone on Underwood Street to allow better access to the site for the fire engines.
STRATEGIC PLAN RELATIONSHIP
The City of Denton's Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
1. Agenda Information Sheet
2. Staff Analysis
3. Site Location Map
4. Existing Zoning Map
5. Future Land Use Map
6. Proposed Zoning Map
7. Comparison of Permitted Uses
8. Conceptual Site Plan
9. Notification Map and Responses
10. Draft Planning and Zoning Commission Meeting Minutes
11. Presentation
12. Draft Ordinance
Respectfully submitted:
Richard Cannone, AICP
Planning Director
Prepared by:
Hayley Zagurski
Senior Planner
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Minutes
Planning and Zoning Commission
May 23, 2018
After determining that a quorum was present, the Planning and Zoning Commission of the City of
Denton, Texas convened in a Work Session on Wednesday, May 23, 2018 at 5:00 p.m. in the
City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which
time the following items were considered:
PRESENT: Chair Jim Strange, Commissioners: Alfredo Sanchez, Larry Beck, Tim Smith,
Andrew Rozell and Margie Ellis.
ABSENT: Commissioner Steve Sullivan.
STAFF: Athenia Green, Hayley Zagurski, Scott McDonald, Ron Menguita, Richard
Cannone, Sean Jacobson and Victor Flores.
�C�T�I� SESSIC�N
Chair Strange called the Work Session to order at 5:04 p.m.
l. �larifica�ic�i1 c�f a��nda i���s lis��d c�i1 �11� a��nda fc�r ilus ���iin�. T'1us is an c��c�rtui�i��
fc�r �c���issic�il�rs �c� asl� c�ues�ic�ils c�f s�aff c�i1 �11� �c�ils�n� and I�t��lar ���nda i���s,
w1uc11 �av includ� a full bri�fin� c�i1 an i��� in �11� c�rd�r i� a��ars c�i1 i11� r��lar s�ssic�il
a��nda. �np suc11 bri�fin� will b� r���a��d in r��lar s�ssic�il.
Chair Strange recused himself from the discussion regarding Public Hearing Item 4D, as he has a
conflict of interest in the subject property.
Hayley Zagurski, Senior Planner, presented Public Hearing Item 3A, 4C, and 4D. There were no
questions.
There was no further discussion. Vice-Chair Rozell closed the Work Session at 5:16 p.m.
I�E,( �LTL�I� fi�IEET'IN( �
Chair Strange called the Regular Meeting to order at 6:30 p.m.
The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, May 23,
2018 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the
following items were considered:
l . I'LET)( �E C�F �LLE( �I�N�E:
A. LT.S. Fla�
B. T'�xas Fla�
1 2. �C�NSENT' �(�ENI)�:
3 A. �c�ilsid�r a r��ues� b� �ll��ianc� Hillvi�w, L.I'. fc�r a�rc�val c�f a�c�ilv�yanc� I'la�
4 c�f Lc�� 3, F31c�c1� l, I�ayzc�r I�anc11 Sc�u�11. T'11� a�rc�xi�a��ly 4.SZ�acr� si�� is
5 ��n�rallv lc�ca��d c�i1 �11� w�s� sid� c�f F3c�ili�i� F3ra� S�r��� b��w��n �r�sc�n� S�r���
6 and Lind�n S�r��� in �11� �i�y c�f T)�n�c�i1, T)�n�c�i1 �c�un�y, T'�xas. (�V1��0001�
7 �zc�r I�anc11 Eas� T'rac�s �� 9, Hayl�y Za�ursl�i�g.
8
9 B. �c�ilsid�r a r��ues� b� �ll��ianc� Hillvi�w, L.I'. fc�r a�rc�val c�f a�c�ilv�yanc� I'la�
10 c�f Lc�� 4, F31c�c1� l, I�ayzc�r I�anc11 Sc�u�11. T'11� a�rc�xi�a��ly 6.SS�acr� si�� is
11 ��n�rallv lc�ca��d 2�� f��� w�s� c�f F3c�ili�i� F3ra� S�r��� c�i1 �11� sc�u�11 sid� c�f a fu�ur�
12 �x��nsic�il c�f Lind�n S�r��� in i11� �i�v c�f T)�n�c�i1, T)�n�c�i1 �c�unfi�y, T'�xas. (�Vl��
13 0002, I�avzc�r I�anc11 Eas� T'rac�sl4, Havl�y Za ursl�iy.
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15 C. �c�ilsid�r a r�c�ues� b� .Tus�in fi�c��ll�r wi�11 �llisc�il En�in��rin C�rc�u� r��r�s�n�in�
16 T)�n�c�il:Tus�ic� I'laza fc�r at�t�rc�val c�f a Final I'la� c�f �11� :Tus�ic� I'laza �ddi�ic�i1. T'11�
17 a�t�rc�xi�a��ly 6.72 acr� si�� is ��n�rallv lc�ca��d c�i1 �11� nc�rtll�as� cc�r�l�r c�f �11�
18 in��rs�c�ic�i1 c�f Eas� fi�cKinn�y �v�nue and .Tani�i� S�r���, in �11� �i�v c�f T)�i1�c�i1,
19 T)�n�c�i1 �c�un�v, T'�xas. (FI'1��0004, .Tus�ic� I'laza �ddi�ic�i1, �indv .Tacl�sc�i1�
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21 Commissioner Tim Smith motioned, Commissioner Andrew Rozell seconded to approve the
22 Consent Agenda. Motion approved (6-0). Commissioner Alfredo Sanchez "aye", Commissioner
23 Larry Beck "aye", Commissioner Andrew Rozell "aye", Chair Jim Strange "aye", Commissioner
24 Margie Ellis "aye", and Commissioner Tim Smith "aye".
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26 3. IT'Efi�S FC�T� INT)IVIT)LT�L �C�NSIT)ET�I�T'IC�N:
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28 A. �c�ilsid�r a r�ques� b� T�ayzc�r Inv�s���n�s, L�d. fc�r a��rc�val c�f a final �la� c�f
29 I���r�a� �ddi�ic�i1, F31c�c1� �, Lc�� l. T'h� a�rc�xi�a��l� 2513�acr� si�� is �i� Z�rally
30 lc�ca��d a� �11� sc�u�ll�as� cc�r�l�r c�f �11� fu�ur� in��rs�c�ic�i1 c�f I'r�cisic�il T)riv� and ��s�
31 C�al� S�r��� in �11� �i�v c�f T)�n�c�i1, T)�n�c�i1 �c�un�y, T'�xas. (FI'1��0006, I���r�a� a�
32 T)�n�c�i1, Havl�y Za�ursl�i�.
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34 Hayley Zagurski, Senior Planner, presented this request. The applicant was present but did not
35 wish to speak Staff recommends approval of the request.
36
37 Commissioner Beck stated he will be voting against this request as he is opposed to the zoning.
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39 Commissioner Margie Ellis motioned, Commissioner Alfredo Sanchez seconded to approve this
40 request. Motion approved (5-1). Commissioner Alfredo Sanchez "aye", Commissioner Andrew
41 Rozell "aye", Chair Jim Strange "aye", Commissioner Margie Ellis "aye", and Commissioner Tim
42 Smith "aye". Commissioner Larry Beck "nay".
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4. I'LTF3LI� HE,�I�INC�S:
A. Hc�ld a t�ublic 11�arin� and cc�ilsid�r �al�in� a r�cc����nda�ic�i1 �c� �i�y �c�uncil
r��ardin a r� ues� b� I'r�s�c�i1 �1�11a Inv�s���n�s LL� �c� zc�i1� a�rc�xi�a��l�
73.47 acr�s �c� N�i�]�bc�rllc�c�d T��sid�n�ial 6(NT��6� T)is�ric�. T'11� �rc���r�y is
�n�rally lc�ca��d c�i1 �11� nc�r�11 c�f Lc�i1� I�c�ad and w�s� c�f Ffi� 42�/S11�r�nan T)riv�
in �11� �i�v c�f T)�n�c�i1, T)�n�c�n �c�un�v, T'�xas. (Z17�002�, S�arl� Fa s, �indy
:Tacl�sc�i1�. T'HIS IT'Efi� H�S F3EEN I'C�ST'I'C�NET) F3Y T'HE, �IT'Y.
This item has been postponed and will be renoticed.
B. Hc�ld a�ublic 11�arin� and cc�ilsid�r �al�in� a r�cc����nda�ic�i1 �c� �i�y �c�uncil
r��ardin� a r�c�u�s� by fi�arc T)�C��narc� r��r�s�n�in� T)ai�i�l Sc�bara��s H��Zand�z
fc�r an ini�ial zc�i�in� d�si,�na�ic�i1 c�f N�i�]�bc�rllc�c�d T��sid�n�ial 2(NT��2 T)is�ric�.
T'11� 1.00 acr� si�� is ��n�rally lc�ca��d �as� c�f �Iasc11 �rancll I�c�ad, alc�il� �Iill�r
T�c�ad, in �11� �i�y c�f T)�n�c�i1, T)�n�c�i1 �c�un�y, T'�xas. (Z1��0007, Li��l� F3rc�c�l�
Es�a��, �indy :Tacl�sc�i1�. T'HIS IT'Efi� H�S F3EEN I'�C�ST'I'C�NET) �T' T'HE,
T�E,QLTEST' C�F T'HE, �I'I'LI��NT'.
This item has been postponed and will be renoticed.
C. Hc�ld a�ublic 11�arin� and cc�ilsid�r �al�in� a r�cc����nda�ic�i1 �c� �i�y �c�uncil
r��ardin� a r�c�ues� b��11� �i�y c�f T)�n�c�i1 fc�r a zc�i�in� c11an�� frc�� T)c�wn�c�wn
I��sid�n�ial 1(T)I��l� �c� a T)c�wn�c�wn �c����rcial (��n�ral (T)��(�� T)is�ric�. T'11�
1.33�acr� si�� is �n�rally lc�ca��d sc�u�11 c�f LTnd�rwc�c�d S�r��� alc�il� �v�nue �, in
�11� �i�y c�f T)�n�c�i1, T)�n�c�i1 �c�un�y T'�xas. Z1��0006b, Fir� S�a�ic�i1 3 Ha �1��
Za ursl�i .
Chair Strange opened the Public Hearing. Hayley Zagurski, Senior Planner, presented this request.
Staff sent out public hearing notices and received one response in opposition. Staff recommends
approval of the request.
33 Commissioner Beck questioned if there will be ingress and egress flashing lights on the site.
34 Zagurski stated that would be determined later in the process. Chair Strange questioned if the two
35 properties would be platted into one lot in the future. Zagurski confirmed.
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There was no one to speak, Chair Strange closed the Public Hearing.
Commissioner Larry Beck motioned, Commissioner Andrew Rozell seconded to approve the
request. Motion approved (6-0). Commissioner Alfredo Sanchez "aye", Commissioner Larry
Beck "aye", Commissioner Andrew Rozell "aye", Chair Jim Strange "aye", Commissioner Margie
Ellis "aye", and Commissioner Tim Smith "aye".
D. Hc�ld a�ublic 11�arin� and cc�ilsid�r a r�c�ues� b� fi�arl��r S�c�i1� T��al�v I'ar�n�rs II
LL� fc�r a rc�val c�f a Final I���la� c�f F3�a11 �a� �ddi�ic�i1; b�in� a r�sid�n�ial r��la�
c�f a�ar� c�f La Haci�nda H�i,�]��s I'11as� I and �r�vic�usly un�la���d land. T'11�
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at�t�rc�xi�a��lv 54.OS�acr� rc� �r��� is �n�rall � lc�ca��d w�s� c�f Nc�rt11 Lc�cus� S�r���
in b��w��n H�rcul�s Lan� and F3�a11 S�r��� in �11� �i�y c�f T)�n�c�i1, T)�n�c�i1 �c�un�
T'�xas. T'1us i��� 11as b��n cc�il�inued frc�� �11� fi�ay 9, 201� I'lani�in� and Zc�i�in�
�c���issic�il ����in�. (FT� 17�0024, F3�a11 �ay �ddi�ic�il�yl�y Za ursl�i .
Chair Strange recused himself from this agenda item as he has a conflict of interest. Vice-Chair
Rozell served as Chair. Vice-Chair Rozell opened the Public Hearing. Hayley Zagurski, Senior
Planner, presented this request. The applicant held a neighborhood meeting, staff recommends
approval of the request based on one condition. The applicant is present.
Lee Allison, Applicant, Allison Engineering Group, 2415 N. Elm Street, Denton, Texas,
provided a brief presentation including history on the project and the land. He stated David Marks
is also present.
There was no one else to speak, Vice-Chair Rozell closed the Public Hearing.
17 Commissioner Tim Smith motioned, Commissioner Margie Ellis seconded to approve this request,
18 based on the following staff condition: l. Civil engineering construction plans for all public
19 infrastructure necessary to serve the proposed development must be approved before the plat is
2o filed. If any utility easement locations need to be modified as a result of the final civil engineering
21 construction plans, DRC approval shall be required prior to filing. Motion approved (5-0-1).
22 Commissioner Alfredo Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Andrew
23 Rozell "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". Chair Jim
24 Strange recused.
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5. I'L�NNIN(� �NT� ZC�NIN(� �C�fi�fi�ISSIC�N I'T�C�:TE�T' fi��T'T�I�:
A. fi�a�rix
Chair Strange returned to the meeting.
Commissioner Ellis stated she would like to discuss the downtown sewer smell. She stated she has
received complaints from downtown business owners and as well as customers. She would like to
receive clarification as to whether they have an avenue to make a complaint. Richard Cannone,
Interim Planning Director, stated he would gather an answer.
Commissioner Ellis requested additional information regarding situations where there will always
seemingly be a tie vote. Victor Flores, Deputy City Attorney, stated staff is working with Clarion
Associates to have a special rule added in the Denton Development Code update that would make
a recommendation to City Council in this situation.
Cannone informed the Commission that staff presented the Tree Code to the Committee on the
Environment on May 22, 2018, it will also come before this Commission as well.
There was no further discussion. Chair Strange adjourned the Regular Meeting at 6:55 p.m.
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S:ALegal\Our poeumcnts\Ordinances\18�Z18-0006 Fire Station 3.docx
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING CLASSIFICATION FROM DOWNTOWN RESIDENTIAL 1(DR-1) TO A
DOWNTOWN COMMERCIAL GENERAL (DGG) DISTRICT ON APPROXIMATELY 1.33
ACRES OF LAND GENERALLY LOCATED SOUTH OF UNDERWOOD STREET ALONG
AVENUE A, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN
AMENDMENT TO TI�E CI"TY'S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
�EVERABILITY CLAUSE AND AN EFFEC"TIVE DAT�. (Z18-0006)
WHEREAS, the City of Denton has applied for a zoning change on approximately 1.33
acres of land legally described an�� sh�wn in Exhibit l� (hereinafter, "the Property"); and
WHEREAS, on May 23, 2018, the Planning and Zoning Commission, in compliance with
the laws of the State of Texas, has given the requisite notices by publication and otherwise, and
has held due hearings and afforded full and fair hearings to all property owners interested in this
regard, and has recommended approval [6-0] of the requested change in zoning and use
classification; and
WHEREAS, on June 19, 2018, the City Council likewise conducted a public hearing as
required by law, and finds that the request meets and complies with all substantive and procedural
standar•ds set forth in Section 35.3.4 of the Denton Development Code, and is consistent with the
Denton Plan and the Denton Development Code; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for an initial zoning classification of the Property, have
determined that the proposed use is in the best interest of the health, sa�ety, morals, and general
welfare of fl1e City of Denton, and accordingly, the City Council of the City of Denton is of the
opinion and finds that said change in zoning is in the public interest and should be granted as set
forth herein; NOW THEREFORE,
THF COUNCIL OF TH� CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The zoning district and use classification for the Property is hereby changed
from DR-1 District to DGG District.
SECTION 3. The City's ofiicial zoning map is hereby amended to show the revised zoning
district and use classifications herein approved.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person, iirin, parttlership or corporation violating any �rovision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for eaeh offense. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 6. That an offense committed before the effective date of this ordinance is
governed by prior Iaw and the provisions of the I�enton Code of Ordinances, as amended, in effect
when the offense was cominitted and the foriner law is continued in effect for this purpose.
SECTION 7. Effective Date. In compliance with Section 2.09(c) of the Denton Charter,
this ordinance shall become effective fourteen (14) days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this ordinance to be published twice in the
Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten
(10) days of the date of its passage.
T'he motion to approve this ordinance was made by
and seconded by
approved by the following vote [_ -_]:
Aye
Chris Watts, Mayor:
Gerard Hudspeth, Dish�ict 1:
Keely G. Briggs, Disnict 2:
Don Duff, District 3:
John Ryan, Dish�ict �:
Dalton Gregory, At Large Place 5:
Paul Meltzer, At Large Place 6:
Nay
the ordinance was passed and
Abstain Absent
PASSED and APPROVED on this day of , 2018
CHRIS WATTS, MAYOR
AT"I,EST:
JENNIPER WALTERS, CITY SECR�TARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
C
Exhibit A
I.ocation Map and Legal I�escription
Z18-0006
Site Location
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LEGAL DESCRIPTION
Cify of Denton Fire Sfafion 3 Zoning Tract
BEING a 1.326 acre tract of land situated in the Eugene Puchalski Survey, Abstract Number 996, City of Denton,
Denton County, Texas, and being part of that certain tract of land described in a Deed from Woodson A. Harris and
wife, Mary M. Harris, to the City of Denton, a municipai corporation, as recorded in Volume 483, Page 163 of the Deed
Records of Denton County, Texas, (hereinafter referred to as City of Denton tract), and aiso being a portion of
McCormick Street, a variabie width right-of-way, and being more particularly described as follows:
BEGINNING at a point for the Northeast corner of the above cited City of Denton tract, said point also being the
Northwest corner of a tract of Iand described in a Deed from W. Herbert Harris and Richard A. Harris to the City of
Denton, Texas, as recorded in Volume 483, Page 164 of the Deed Records of Denton County, Texas, said point also
being within Avenue A, a variable width prescriptive right-of-way, from which a 1/2 inch iron rod found for the Northeast
corner of said tract recorded in Volume 483, Page 164 bears North 89°32'49" East a distance of 75.00 feet;
THENCE South 00°09'33" West along the East line of said City of Denton tract and the West line of said tract recorded
in Volume 483, Page 164, for a distance of 77.31 feet to a point for corner, from which a 1/2 inch iron rod with cap
stamped "KAZ" found on the dedicated Southeasterly right-of-way line of Avenue A per the Minor Plat of Avenue A
Addition, as recorded in Document No. 2015-411 of the Plat Records of Denton County, Texas, bears North 43°59'38"
East a distance of 36.32 feet;
THENCE South 55°28'57" West along the Southeasterly line of said City of Denton tract, for a distance of 322.86 feet
to a point for corner within said Avenue A, said point being the most Westerly corner of an easement for street, pubiic
utilities and sidewalks conveyed to the City of Denton, Texas, as recorded in Volume 2654, Page 968 of the Real
Property Records of Denton County, Texas;
THENCE South 89°48'30" West along the South line of said City of Denton tract, for a distance of 36.00 feet to a point
for the Southwest corner of same, and being in the East line of McCormick Street;
THENCE North 00°10'13" East along the West line of said City of Denton tract and the East line of said McCormick
Street, for a distance of 13.26 feet to a point for corner;
THENCE North 89°49'47" West departing the West line of said City of Denton tract and the East line of said McCormick
Street, for a distance of 19.85 feet to a point for corner within said McCormick Street;
THENCE North 00°35'12" West along said McCormick Street, for a distance of 224.18 feet to a point for corner, from
which a 1/2 inch iron rod found for the Northeast corner of a called 1.559 acre tract of land described in a Deed from
B.M.A.J. Inc. to the City of Denton, as recorded in Document No. 2016-53062 of the Official Records of Denton County,
Texas, bears South 88°35'46" West a distance of 22.82 feet;
THENCE North 88°35'46" East for a distance of 22.82 feet to a point for corner in the West line of said City of Denton
tract and the East line of said McCormick Street;
THENCE North 00°10'13" East along the West line of said City of Denton tract and the East line of said McCormick
Street, for a distance of 19.96 feet to a point for corner within Underwood Street, a variable width right-of-way, said
point being the Northwest corner of said City of Denton tract;
THENCE North 89°32'49" East along the North line of said City of Denton tract, and along said Underwood Street, for a
distance of 228.45 feet to a point for corner in the dedicated Northeast line of said Underwood Street and the
Southwest line of Lot 1, Block A per the Final Plat of Centennial Plaza UNT Addition, as recorded in Cabinet X, Page
585 of the Plat Records of Denton County, Texas;
THENCE in a Southeasterly direction, along the Northeast line of said Underwood Street and the Southwest line of said
Lot 1, and along a non-tangent curve to the right having a central angie of 00°18'53", a radius of 128.83 feet, a chord
bearing of South 41 °30'51" East, a chord distance of 0.71 feet and an arc length of 0.71 feet to a 1/2 inch iron rod found
for corner;
THENCE South 38°19'10" East continuing along the Northeast line of said Underwood Street and the Southwest line of
said Lot 1, for a distance of 32.74 feet to a 1/2 inch iron rod found for the most Southerly Southwest corner of said Lot
1;
THENCE South 87°27'57" East along the North line of said Underwood Street and the most Southerly line of said Lot 1,
for a distance of 9.86 feet to a point for the most Southerly Southeast corner of said Lot 1, and being in the Northwest
line of said Avenue A;
THENCE in a Northeasterly direction, along the Northwest Iine of said Avenue A and the Southeast line of said Lot 1,
and along a non-tangent curve to the left having a central angle of 07°26'32", a radius of 270.00 feet, a chord bearing
of North 39°26'01" East, a chord distance of 35.05 feet and an arc length of 35.07 feet to a point for corner in the North
line of said City of Denton tract;
THENCE North 89°32'49" East departing the Northwest line of said said Avenue A and the Southeast line of said Lot 1,
and along the North line of said City of De�ton tract, for a distance of 20.16 feet to the POINT OF BEGINNING, and
containing 1.326 acres of land, more or less.
Planning Staff Analysis
Z18-0006/Fire Station 3
City Council District 3
June 19, 2018
REQUEST:
Hold a public hearing and consider adoption of an ordinance to rezone approximately 1.33 acres
from a Downtown Residential 1(DR-1) to a Downtown Commercial General (DC-G) District.
The property is generally located south of Underwood Street along Avenue A, in the City of
Denton, Denton County, Texas; adopting an amendment to the City's official zoning map;
providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a
severability clause and an effective date. (Z18-0006c, Fire Station 3, Hayley Zagurski).
OWNER:
City of Denton
APPLICANT:
MJ Thomas Engineering, LLC
BACKGROUND:
This request is to rezone a single tract of unplatted property from Downtown Residential 1(DR-
1) to Downtown Commercial General (DC-G) District to facilitate the development of a new fire
station. City of Denton Fire Station Number 3 currently exists on the property. Fire stations are
considered a"community service" use, which is not permitted within the DR-1 District.
Prior to the 2002 adoption of the DDC and city-wide rezoning, the subj ect property was zoned SF-
7, which permitted fire stations. Since the current DR-1 zoning does not permit the community
service use, the existing fire station is classified as a Special Exception per Section 35.11.13 of the
Denton Development Code (DDC). The use could continue on the property without rezoning;
however, the existing fire station will be demolished. After a voluntary demolition, the Special
Exception status is lost, so the rezoning is required to develop a new fire station and parking lot.
The new fire station development would be located on both the subject property and the adjoining
lot to the west, which is currently zoned DC-G District. McCormick Street, located between the
two lots has been closed and will be abandoned as part of this development. To facilitate the
development and consolidate the zoning for the property, the applicant has requested to rezone the
subject property to DC-G District. A conceptual site plan for the new fire station is provided in
Exhibit 8.
SITE DATA:
The subject property is a single unplatted 133-acre parcel. The property is currently developed
with a fire station. The property is currently zoned DR-1 District, which is a lower density
residential district that permits primarily single-family and duplex dwelling along with other
lower-intensity uses such as churches and daycares. Fire stations are classified as a community
service use, which is not permitted in the DR-1 District.
The property has approximately 290 feet of frontage on Avenue A, which is classified as a collector
street. Collector streets require at least 65 feet of right-of-way. The property also has approximately
224 feet of frontage on Underwood Street, which is a residential street and requires a least 50 feet
of right-of-way.
The property has approximately 260 feet of frontage on McCormick Street. Ordinance 18-071,
which was passed on February 6, 2018, provided for the indefinite closure of McCormick Street
between Underwood Street and Avenue A.
SURROUNDING ZONING AND LAND USES:
Northwest: North: Northeast:
• Zoning: Downtown • Zoning: DC-G District • Zoning: Downtown
Residential2 (DR-2) District Residential2 (DR-2) District
• Use: Under development for
• Use: Single-family residences multi-family residential • Use: Multi-family residential
W est: E ast:
• Zoning: DC-G District ���� � • Zoning: DR-2 District
:
• Use: Fuel station and vacant • Use: Multi-family residential
property (formerly a hotel)
Southwest: South: Southeast:
• Zoning: DC-G District • Zoning: DC-G District • Zoning: DR-2 and DC-G
Districts
• Use: Fuel station • Use: Fuel station
• Use: Multi-family residential
and a fuel station
CONSIDERATIONS:
Section 35.3.4.B of the DDC provides the following criteria for approval of rezoning
request:
a. The proposed rezoning conforms to the Future Land Use element of The Denton
Plan 2030.
The Future Land Use designation for the subject property is Commercial. This
designation applies to areas of commercial auto-oriented uses, especially
community and regional shopping centers.
The Downtown Commercial General District conforms to this future land use
designation. The DC-G District permits a variety of commercial and service uses
at a relatively intensive scale in terms of lot coverage (85% permitted), building
height (100 feet maximum), and no setbacks being required. This scale of
development is appropriate within the Commercial designated areas, especially in
close proximity to I-35E.
b. The proposed rezoning facilitates the adequate provision of transportation, water,
sewers, schools, parks, other public requirements, and public convenience.
Water, sewer, and roadway access are available to the subject property. Both the
subject property and the adjoining lot to the west have been developed and served
by utilities previously. The redevelopment of these sites in combination is not
expected to have any negative impact on public infrastructure.
McCormick Street has already been closed and will be abandoned as a part of the
proposed redevelopment. The abandonment of this section of roadway is not
expected to have any negative impact on surrounding properties, which all have
frontage and access to either Avenue A, Underwood Street, or the I-35 service
road already.
The proposed rezoning would facilitate the redevelopment of this property and the
adjoining property with a new, larger fire station under a single set of zoning
regulations. This will enhance public safety in this area of the City by facilitating
easier access to a larger, updated fire station.
2. The request is for a rezoning of approximately 133 acres from DR-1 District to DC-G District
to facilitate the development of a fire station. The existing Fire Station Number 3 is intended
to be demolished and a new, larger fire station rebuilt on the subject property and an adjoining
vacant lot to the west. As a part of the project, McCormick Street, which has been closed, will
be formally abandoned.
3. A fire station currently exists on the subject property, so there would not be a new use
introduced to the area. The proposed development of a new fire station is consistent with the
existing mixed land-use pattern in this area. The consolidation of two parcels under a single
zoning and as part of a single development will allow for expansion and improvement of the
fire station property.
The new development will be required to comply with all of the site design criteria in the DDC.
Consolidation of zoning across the entire property will facilitate this development under a
single set of regulations.
STAFF RECOMMENDATION:
Staff recommends approval of the request as it is compatible with the surrounding property and is
consistent with the goals and objectives of the Denton Plan 2030.
PUBLIC NOTIFICATION:
To comply with the public hearing notice requirements, 14 notices were sent to property owners
within 200 feet of the subject property, 71 courtesy notices were sent to physical addresses within
500 feet of the subject property, a notice was published in the Denton Record Chronicle, and signs
were placed on the property.
One response in opposition and one response in support of the request were received as of the
issuance of this report. Responses are included in Exhibit 9.
The case was originally noticed for the May 9, 2018 Planning and Zoning Commission meeting
and June 5, 2018 City Council meeting, but signs were not placed on the property in time for that
agenda. As a result, the case was re-noticed for the May 23, 2018 Planning and Zoning
Commission meeting and the June 19, 2018 City Council meeting.
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of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effortTo produce anc7 publish the most current and accurate information possible. No warranties, expressec7 or
are provided for the data herein, its use, or its interpretation. Utilization ofthis map indicates understanding and acceptance ofthis statement.
Z18-0006
Existing Zoning Maps
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The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for le❑al, enpineerinq or surveying purposes but rather for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effortTo produce anc7 publish the most current and accurate information possible. No warranties, expressec7 or
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Z18-0006
Future Land Use Map
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the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effortTo produce anc7 publish the most current and accurate information possible. No warranties, expressec7 or
implied, are provided for the data herein, its use, or its interpretation. Utilization ofthis map indicates understanding and acceptance ofthis statement.
Z18-0006
Proposed Zoning Map
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the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effortTo produce anc7 publish the most current and accurate information possible. No warranties, expressec7 or
implied, are provided for the data herein, its use, or its interpretation. Utilization ofthis map indicates understanding and acceptance ofthis statement.
I DR-1 DC-G
Residential Uses
Hgncwcure
Livestock �(7)
Single-family Dwellings
Accessory Dwelling Units ,
Attached Single-family
Dwellings N
Dwellings above Businesses N
Live/Work Units ,
Duplexes
Community Homes for the
Disabled
Group Homes N
Multi-family Dwellings N
Fraternity or Sorority House .,,,, ,
Dormitory .,,,, ,
Manufactured Housing
Developments N
DR-1 DC-G
Commercial Land Uses
nome uccupauon
Sa e o Pro ucts Grown on
Site N
Hotels N
Motels N
Bed and Breakfast �(g)
Retail Sales and Service N
Movie Theaters N
Restaurant N
Private Club N
Bar N
Drive-Through Facility N
Pro essiona Services an
Offices N
Quick Vehicle Servicing N
Vehicle Repair N
Auto and RV Sales N
Laundry Facilities N
Equestrian Facilities N
Outdoor Recreation N
Indoor Recreation N
Major Event Entertainment N
Commercial Parking Lots N
A ministrative or Researc
Facilities N
Broadcasting or Production
Studio N
Sexually Oriented Business N
Self-service Storage N
TemporaryUses L(38
Craft Alcohol Production
DR-1 DC-G
IndustrialLand Uses
Manufacture of
Odiferous F
Feed
Food Proce.
Light Manufacb
Heavy Manufacb
Wholesale'
Wholesale Nurse
Distri�
Center/Wareho�
General N
Warehouse, Retail N
Self-Service Storage N
�struction Materials
Sales N
lunk Yards and Auto
Wrecking N
L(27) L(27)
Kennels N
Veterinary Clinics N
N
N
N N
N N
N N
N N
N N
N SUP/L(36)
N SUP/L(36)
Sanitary Landfills,
Commercial I ncineratiors,
TransferStations N
CompressorStations N
Craft Alcohol Productionl N
Gas Wells �(27)
N
N
L(21)
L(27)
DR-1 DC-G
Institutional Land Uses
Basic Utilities� .,�,
Community Service N
Parks and Open Space
Churches
Semi-Public Halls, Clubs,
and Lodges
Business/Trade School N
Adult or Child Day Care
Kin ergarten, E ementary
School
Middle School N
High School N
Colleges N
Con erence Convention
Centers N
Hospital N
Elderly Housing N
Medical Centers N
Cemeteries N
Mortuaries N
WECS reestan ing
monopole) _
WECS (building mounted) ,, ,
E ectric Su stations &
Switch Stations L(43)
Basic Utilities
DR-1 DC-G
General Regulations
Minimum Lot Area (square
feet) 4,000 none
Maximum Density g 150
Maximum FAR
Maximum Lot Coverage 60% 85%
Minimum Landscaped Area 40% 15%
100
Maximum Building Height 40 feet feet/L(33)
LIMITATIONS:
L(5) = Within this district the density of apartments will be calculated as one bedroom equating to .5 units.
L(7) — Limited to two animals on parcels one to three acres in size. Additional animals may be added at a
rate of one per each acre over three acres.
L(8) = Travelers' accommodations, are permitted, provided that:
The business-owner or manager shall be required to reside on the property occupied by the
accommodation, or adjacent property.
That each accommodation unit shall have 1 off-street parking space, and the owners shall have 2 parking
spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this
Chapter.
That only one ground or wall sign, constructed of a norrplastic material, non-interior illuminated of 4 sq. ft.
maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not
directly illuminate any residential structures adjacent or nearby the travelers' accommodation.
That the number of accommodation units allowed shall be proportional to the permitted density of the
zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the
permitted number of traveler's accommodations.
All traveler's accommodations shall be within 200 feet of a collector or arterial. Street designations shall be
as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access
to the site from the arterial.
Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400
sq. ft. of gross interior floor space remaining per unit.
Traveler's accommodations are limited to no more than 8 guest units.
L(20) = Permitted, but outdoor storage of autos prohibited.
L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced
required in this zone.
L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production.
L(28) = Use allowed as part of consolidated parking plan.
L(33) = Additional height may be allowed with an SUP and a viewshed study, which illustrates that any
views of the Historic Courthouse are not blocked by the new structure(s) additional height.
L(36) = Permitted when combined with retail sales.
L(38) = Must meet the requirements of Section 35.12.9.
L(43) = Electric Substations and Switch Stations are permitted subject to the following
criteria:
1. An applicant shall be required to submit an application for a Specific Use Permit pursuant to Subsection
35.6 in accordance with procedures set forth in Subsection 35.3.4 unless it is able to meet the following
requirements:
A. Use of the property is associated with a City Council approved Capital Improvements Plan (CIP) or other
City Council approved Master Plan; and
B. A public hearing was held at the City Council for the selection of the site to include:
i. Written notice of the public hearing was provided to property owners within two hundred (200) feet and
physical addresses within five hundred (500) feet of the subject property at least twelve (12) days prior to
public hearing; and
ii. A sign advertising the public hearing was posted on or adjacent to the property at least twelve (12) days
prior to the public hearing.
C. A neighborhood meeting was held at least fifteen (15) days prior to the public hearing at City Council for
the acquisition of the site.
2. All Electric Substations or Switch Stations shall comply with the following development requirements:
1. The proposed electric substation or switch station shall substantially comply with all of the development
and regulatory standards established in Subchapter 24; and
2. A site plan demonstrating substantial conformance with all the applicable design standards identified in
Subchapter 24 shall be submitted.
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= City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effortTo produce anc7 publish the most current and accurate information possible. No warranties, expressec7 or
plied, are provided for the data herein, its use, or its interpretation. Utilization ofthis map indicates understanding and acceptance ofthis statement.
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H' y St. Denton, TX 76201 •(940) 349-8541
Response Form
Project Number Zl 8-0006
Fire Station 3
In order for your opinion to be cou�lted, please complete aild mail this form to:
City of Denton Development Services
Attn: Hayley Zagurski, Project Manager
215 W. Hickory St.
Denton, TX 76201
You may also email or fax a copy to Hayley.Zagurski@cityofdenton.com or (940) 349-7707�
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Project Number Z18-0006
Please circle one:
❑ In favor of request
Comments:
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City, State and Zip Code:
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