HomeMy WebLinkAbout2019-02-12 Agenda with Backup
!"#$$
!"'!()$ "$
%&'!()!*+, --. !/ )
0.- 1-2!3.4#5!67%8&
999)+ 1:;.- 1-)+1<
*)) $+!,+)$-.
! "#$% &
:#)3-. ;!<)=0#.0 !6>;!>96?66789!,*/"01!2)33 "$!4""5
!"#""$ %!&#'$%"!()!**+,-!(./.!$%!)0#! !"#""$ %! /
!"#$! !"%&'&'(# )* #*#+,-",%#&.#/"!.!' 0# )!#1& 2#1-,'3&4#- # )!#1& 2#- #5!' -'0#6!7*.#8&44#3-'9!'!#&'#*#
:-";#<!..&-'#-'#6,!.$*20#=!>",*"2#?@0#@A?B#* #??CDA#*E%E#&'# )!#1-,'3&4#:-";#<!..&-'#F--%#* #1& 2#G*440#
@?H#IE#J3K&''!2#< "!! 0#5!' -'0#6!7*.#* #8)&3)# )!# -44-8&'(#& !%.#8&44#>!#3-'.&$!"!$C
!"#""$ %
*.!!1232456!17885639!76!1769563!(:56;<!$3589
6)&.#.!3 &-'#- # )!#*(!'$*#*44-8.#3& &L!'.# -#./!*;#-'#1-'.!' # (!'$*#M !%.#-'42E##I*3)#./!*;!"#8&44#>!#
(&9!'#*# - *4#- # )"!!#NDO#%&', !.# -#*$$"!..#*'2#& !%.#)!P.)!#8&.)!.# )* #*"!#4&. !$#-'# )!#1-'.!' # (!'$*E##
#F!+,!. # -#</!*;#1*"$#.)-,4$#>!#3-%/4! !$#*'$#"! ,"'!$# -# )!#1& 2#<!3"! *"2#>! -"!#1-,'3&4#3-'.&$!".#
)&.#& !%E
=.!! 5>?5939!@7A!BC<A2@2B<3276!7@!<:56;<!23589!C2935;!76!3D5!<:56;<!@7A!E5FA?<AG!*=H!=-*I.
,.!! 7AJ!"599276! 5K7A39
M5#?BQ@AB
(.
F!3!&9!#*#"!/-" 0#)-4$#*#$&.3,..&-'0#*'$#(&9!#. * #$&"!3 &-'#"!(*"$&'(#*#%&$Q2!*"#,/$* !#
-'# )!#5!' -'#1)*%>!"#- #1-%%!"3!0# )!#5!' -'#1-'9!' &-'#*'$#R&.& -".#S,"!*,0#*'$#
)!#5!' -'#1)*%>!"#- #1-%%!"3!T.#U &3!#- #I3-'-%&3#5!9!4-/%!' E
(4= > !&!?!@A.-;#!B-:1C<# 1-!/=..
!"#$ %&
(4= > !%!?!DC.5.- # 1-
51 ?XQAAAB
&.
F!3!&9!#*#"!/-" 0#)-4$#*#$&.3,..&-'0#*'$#/"-9&$!#. * #$&"!3 &-'#-'# )!#5!' -'#
5!9!4-/%!' #1-$!#V/$* !#*'$#5"* #W-'&'(#J*/E
(4= > !&!?!@A.-;#!B-:1C<# 1-!/=..
!"#$ %&
(4= > !%!?! $#C 1-E5!0C#: !DC.5.- # 1-)F;:
(4= > !G!?!/ #::!DC.5.- # 1-)F;:
M5#?BQ@XB
1.
F!3!&9!#*#"!/-" 0#)-4$#*#$&.3,..&-'0#*'$#(&9!#. * #$&"!3 &-'#"!(*"$&'(# )!#<-4&$#:*. !#
$!/*" %!' T.#"!.&$!' &*4#*'$#3-%%!"3&*4#"!3234&'(#-/!"* &-'.E
!"#$ %&(4= > !&!?!@A.-;#!B-:1C<# 1-!/=.. )F;:
(4= > !%!?!DC.5.- # 1-)F;:
M5#?BQD?@
L.
F!3!&9!#*#"!/-" 0#)-4$#*#$&.3,..&-'0#*'$#(&9!#. * #$&"!3 &-'#"!(*"$&'(#*'#-"$&'*'3!#
(-9!"'&'(# )!#,.!#- # )!#1& 2#- #5!' -'T.#F&() #- #:*2.# -"#3-'. ",3 &-'#/,"/-.!.#*'$#
)!#/"-3!..!.#*'$#/"-3!$,"!.#&%/4!%!' &'(#& E
'+,$ #-).$)/0**0/1*2
' (#)*)
! "#$% &*)) $+!,+)$-.<)=0#.0 !6>;!>96?
!"#$ %&(4= > !&!?!@A.-;#!B-:1C<# 1-!/=..
(4= > !%!?!DC.5.- # 1-
=-44-8&'(# )!#3-%/4! &-'#- # )!#:-";#<!..&-'0# )!#1& 2#1-,'3&4#8&44#3-'9!'!#&'#*#14-.!$#J!! &'(# -#3-'.&$!"#
./!3& &3#& !%.#8)!'# )!.!#& !%.#*"!#4&. !$#>!4-8#,'$!"# )!#14-.!$#J!! &'(#.!3 &-'#- # )&.#*(!'$*E##6)!#1& 2#
1-,'3&4#"!.!"9!.# )!#"&() # -#*$Y-,"'#&' -#*#14-.!$#J!! &'(#-'#*'2#& !%#-'#& .#U/!'#J!! &'(#*(!'$*#3-'.&. !' #
8& )#1)*/ !"#HH?#- # )!#6!7*.#Z-9!"'%!' #1-$!0#*.#*%!'$!$0#-"#*.#- )!"8&.!#*44-8!$#>2#4*8E
*.!!1C795;!/55326:+
M5#?BQD?\[
(.
1-'.,4 * &-'#8& )# -"'!2.#Q#V'$!"#6!7*.#Z-9!"'%!' #1-$!#<!3 &-'#HH?EA\[?\\#
5!4&>!"* &-'.#"!(*"$&'(#\]!".-''!4#J* !".#Q#V'$!"#6!7*.#Z-9!"'%!' #1-$!#<!3 &-'#
HH?EA\[^E
1-'.,4 #8& )# )!#1& 2T.#* -"'!2.#-'#4!(*4#3-'.&$!"* &-'.0#. * ,.#*'$#. "* !(20#&'#*$9*'3!#
- #*#/"-/-.!$#%!$&* &-'#>! -"!# )!#I+,*4#I%/4-2%!' #U//-" ,'& 2#1-%%&..&-'0#"!4* &'(#
-# )!#/!'$&'(#3)*"(!#- # -"%!"#!%/4-2!!#<)*'$"&*'#_*"9&.#*'$#*'2#/- !' &*4#.! 4!%!' 0#
*'$# -#"!3!&9!#4!(*4#*$9&3!#"!(*"$&'(#.*%!0#8)!"!# )!#1& 2T.# -"'!2.T#$, &!.# -# )!#
(-9!"'%!' *4#>-$2#,'$!"# )!#6!7*.#5&.3&/4&'*"2#F,4!.#- #\]"- !..&-'*4#1-'$,3 #- # )!#
< * !#S*"#- #6!7*.#34!*"42#3-' 4&3 #8& )#1)*/ !"#HH?#- # )!#6!7*.#U/!'#J!! &'(.# 3 E#
6)&.#34-.!$#.!..&-'#*4.-#3-'3!"'.#$!4&>!"* &-'.#&'9-49&'(#*#/,>4&3#- &3!"#-"#!%/4-2!!0#
,'$!"#3&"3,%. *'3!.#*44-8&'(#34-.!$#.!..&-'#,'$!"#.!3 &-'#HH?EA\[^#- # )!#6!7*.#U/!'#
J!! &'(.# 3 E
=-44-8&'(# )!#3-%/4! &-'#- # )!#14-.!$#J!! &'(0# )!#1& 2#1-,'3&4#8&44#3-'9!'!#&'#*'#U/!'#J!! &'(# -#3-'.&$!"#
)!# -44-8&'(#& !%.C
*.!!1 %"#%)!('#%L(
I*3)#- # )!.!#& !%.#&.#"!3-%%!'$!$#>2# )!#< * #*'$#*//"-9*4# )!"!- #8&44#>!#. "&3 42#-'# )!#>*.&.#- # )!#
< * #"!3-%%!'$* &-'.E## //"-9*4#- # )!#1-'.!' # (!'$*#*, )-"&L!.# )!#1& 2#J*'*(!"#-"#)&.#$!.&('!!# -#
&%/4!%!' #!*3)#& !%#&'#*33-"$*'3!#8& )# )!#< * #"!3-%%!'$* &-'.E##6)!#1& 2#1-,'3&4#)*.#"!3!&9!$#
>*3;("-,'$#&' -"%* &-'#*'$#)*.#)*$#*'#-//-" ,'& 2# -#"*&.!#+,!. &-'.#"!(*"$&'(# )!.!#& !%.#/"&-"# -#
3-'.&$!"* &-'E
`&. !$#>!4-8#*"!#>&$.0#/,"3)*.!#-"$!".0#3-' "*3 .0#*'$#- )!"#& !%.# -#>!#*//"-9!$#,'$!"# )!#1-'.!' #
(!'$*#N (!'$*#M !%.# #a#_OE##6)&.#4&. &'(#&.#/"-9&$!$#-'# )!#1-'.!' # (!'$*# -#*44-8#1-,'3&4#J!%>!".#
-#$&.3,..#-"#8& )$"*8#*'#& !%#/"&-"# -#*//"-9*4#- # )!#1-'.!' # (!'$*E##M #'-#& !%.#*"!#/,44!$0#1-'.!' #
(!'$*#M !%.# #a#_#>!4-8#8&44#>!#*//"-9!$#8& )#-'!#%- &-'E##M #& !%.#*"!#/,44!$# -"#.!/*"* !#$&.3,..&-'0#
)!2#%*2#>!#3-'.&$!"!$#*.# )!# &". #& !%.# -44-8&'(#*//"-9*4#- # )!#1-'.!' # (!'$*E
M5#?BQAD^
(.
1-'.&$!"#*$-/ &-'#- #*'#-"$&'*'3!#- # )!#1& 2#- #5!' -'0#*//"-9&'(#*#1& 2#./-'.-".)&/#&'#
*'#*%-,' #'- # -#!73!!$#bDDA#- #&'Q;&'$#.!"9&3!.# -"# )!#6*&4.#*'$#6"*&4.# -#>!#)!4$#-'#
<* ,"$*20#J*"3)#DA0#@A?B0# "-%#BCDA#*E%E# -#??CAA#*E%E0#* # )!#c-" )#`*;!.#\]*";\\#*'$#
/"-9&$&'(#*'#! !3 &9!#$* !E
!"#$ %&(4= > !&!@A.-;#!B-:1C<# 1-!/=..
(4= > !%!HC; -#-+.
M5#?BQ@@\[
&.
1-'.&$!"#*//"-9*4#- #*#F!.-4, &-'#- # )!#1& 2#- #5!' -'0#6!7*.#!9&$!'3&'(#.,//-" # -"#
'+,$ #-).$)/0**0/1*2
' (#)/)
! "#$% &*)) $+!,+)$-.<)=0#.0 !6>;!>96?
)!#/"-/-.!$#'!8#3-'. ",3 &-'#- #F&9*#5!' -'#*/*" %!' .#&'#5!' -'# -#/"-9&$!#
* -"$*>4!#*'$#%*";! #"* !#"!' *4#)-,.&'(\\#*'$#/"-9&$&'(# -"#*'#! !3 &9!#$* !E
!"#$ %&(4= > !&!?!@A.-;#!B-:1C<# 1-!/=..
(4= > !%!?!I J#?0.- 1-! !1:!0.- 1-!"3 !@FF$ +# 1-
(4= > !G!?!I.51$K 1-!1:!/KFF1C
M5#?BQ@dH
1.
1-'.&$!"#*$-/ &-'#- #*'#-"$&'*'3!#- # )!#1& 2#- #5!' -'0#*#6!7*.#)-%!Q",4!#%,'&3&/*4#
3-"/-"* &-'0#*, )-"&L&'(# )!#1& 2#J*'*(!"0#-"#)&.#$!.&('!!0# -#!7!3, !#*#3-' "*3 # )"-,()#
)!#S,2#S-*"$#1--/!"* &9!#\],"3)*.&'(#c! 8-";#1-' "*3 #c,%>!"#H\[?Q?X# -"# )!#
*3+,&.& &-'#-'!#N?O#\]&!"3!#I' -"3!"#G!*92#F!.3,!#`&() #*'$# &"#6",3;\\#/"-9&$&'(# -"# )!#
!7/!'$& ,"!#- # ,'$.# )!"! -"\\#*'$#/"-9&$&'(#*'#! !3 &9!#$* !#N=&4!#dBBH#Q#*8*"$!$# -#
<&$$-'.QJ*" &'#I%!"(!'32#Z"-,/0#``10#&'# )!#*%-,' #- #b\[A@0BdAEH?O
!"#$ %&(4= > !&!?!@A.-;#!B-:1C<# 1-!/=..
(4= > !%!!?!LK1 .
(4= > !G!!?!HC; -#-+.
M5#?BQ@X\[
L.
1-'.&$!"#*//"-9*4#- #*#"!.-4, &-'#- # )!#1& 2#- #5!' -'0#6!7*.#&'#.,//-" #- #/"-/-.!$#
*%!'$%!' .# -#1)*/ !"#^dA#- # )!#6!7*.#6"*'./-" * &-'#1-$!#"!4* !$# -#(-9!"'*'3!#- #
5!' -'#1-,' 2#6"*'./-" * &-'# , )-"& 2#N516 O\\#.,//-" &'(#4!(&.4* &-'#*$-/ &'(#.*&$#
*%!'$%!' .\\#*, )-"&L&'(# )!#J*2-"0#1& 2#J*'*(!"#*'$# )!#1& 2#J*'*(!"T.#$!.&('!!# -#
"!/"!.!' #*'$#3-%%,'&3* !# )!#1& 2T.#/-.& &-'\\#*'$#*, )-"&L&'(# )!#J*2-"#*'$#1& 2#
J*'*(!"# -#.&('#*44#4! !".0#/! & &-'.0#*'$P-"#- )!"#$-3,%!' .#-'#>!)*4 #- # )!#1& 2# -#
/"-%- !# )!#1& 2T.#/-.& &-'E
!"#$ %&(4= > !&!?!@A.-;#!B-:1C<# 1-!/=..
(4= > !%!?!I.51$K 1-!#-;!DC1F15.;!M.A 5$# 1-
M5#?BQ@B\[
#.
1-'.&$!"#*$-/ &-'#- #*'#-"$&'*'3!#- # )!#1& 2#- #5!' -'0#*#6!7*.#)-%!Q",4!#%,'&3&/*4#
3-"/-"* &-'0#*, )-"&L&'(# )!#1& 2#J*'*(!"# -#!7!3, !#*#3-' "*3 # )"-,()# )!#5!/*" %!' #
- #M' -"%* &-'#F!.-,"3!.#N5MFO#1--/!"* &9!#\],"3)*.&'(#c! 8-";#1-' "*3 #c,%>!"#
5MFQ6<UQDBdH#8& )#_-)'. -'#6!3)'&3*4#<!"9&3!.0#M'3E0# -"# )!#J- -"-4*#"*$&-# -8!"#
%-$& &3* &-'.\\#/"-9&$&'(# -"# )!#!7/!'$& ,"!#- # ,'$.# )!"! -"\\#*'$#/"-9&$&'(#*'#! !3 &9!#
$* !#N=&4!#dBXD#Q#*8*"$!$# -#_-)'. -'#6!3)'&3*4#<!"9&3!.0#M'3E0#&'# )!#'- Q -Q!73!!$#
*%-,' #- #bdH0A?@EXAOE
!"#$ %&(4= > !&!?!@A.-;#!B-:1C<# 1-!/=..
(4= > !%!?!HC; -#-+.!#-;! 1- C#+
M5#?BQD?^
E.
1-'.&$!"#*$-/ &-'#- #*'#-"$&'*'3!#- # )!#1& 2#- #5!' -'0#6!7*.#*%!'$&'(# )!#=&.3*4#e!*"#
@A?XQ?B#S,$(! #*'$# '',*4#\]"-("*%#- #<!"9&3!.#- # )!#1& 2#- #5!' -'# -#*44-8# -"#
&'3"!*.!.# -# )!#F-*$8*2#M%/*3 #=!!#=,'$#- #b^0@HA0AAA# -"# )!#/,"/-.!#- # ,'$&'(#
"-*$8*2#&%/"-9!%!' .\\#$!34*"&'(#*#%,'&3&/*4#/,"/-.!\\#/"-9&$&'(#*#.!9!"*>&4& 2#34*,.!\\#
/"-9&$&'(#*'#-/!'#%!! &'(.#34*,.!\\#*'$#/"-9&$&'(# -"#*'#! !3 &9!#$* !E
!"#$ %&(4= > !&!?!@A.-;#!B-:1C<# 1-!/=.. )F;:
(4= > !%!?!HC; -#-+.)F;:
M5#?BQD@H
'.
1-'.&$!"#*$-/ &-'#- #*'#-"$&'*'3!#*, )-"&L&'(# )!#.! 4!%!' #- #4& &(* &-'#. 24!$#1& 2#- #
'+,$ #-).$)/0**0/1*2
' (#)3)
! "#$% &*)) $+!,+)$-.<)=0#.0 !6>;!>96?
5!' -'0#6!7*.#9E#6-%%2#FE#G-4*%-'#*'$#<)*"4! #eE#G-4*%-'0#1*,.!#c-E#
\]FQ@A?XQAAAAH0#3,""!' 42#/!'$&'(#&'# )!#\]"->* !#1-," #- #5!' -'#1-,' 20#6!7*.0#
"!(*"$&'(# )!##*3+,&.& &-'#- # !!#*'$#!*.!%!' #&' !"!. .#"!+,&"!$# -"# )!#S-''&!#S"*!#
:&$!'&'(#*'$#M%/"-9!%!' .#/"-Y!3 #*'$# )!#G&3;-"2#1"!!;#<*'& *"2#<!8!"#M' !"3!/ -"#Q#
\])*.!#MM#/"-Y!3 #&'# )!# - *4#.! 4!%!' #*%-,' #- #U'!#G,'$"!$#=& 2#6)-,.*'$#5-44*".#
*'$#c-#1!' .#Nb?HA0AAAEAAO\\#*, )-"&L&'(# )!#1& 2#J*'*(!"#*'$#1& 2# -"'!2## -#
! !3 ,* !# )!#.! 4!%!' \\#*, )-"&L&'(# )!#!7/!'$& ,"!#- # ,'$.# )!"! -"\\#/"-9&$&'(#*#.*9&'(.#
34*,.!\\#*'$#/"-9&$&'(#*'#! !3 &9!#$* !E
!"#$ %&(4= > !&!?!@A.-;#!B-:1C<# 1-!/=..
(4= > !%!?!M1+# 1-!*#F
(4= > !G!?!/ .!*#F
(4= > !N!?!HC; -#-+.
M5#?BQDD^
0.
1-'.&$!"#*$-/ &-'#- #*'#-"$&'*'3!#- # )!#1& 2#1-,'3&4#- # )!#1& 2#- #5!' -'0#6!7*.0#*#
6!7*.#)-%!Q",4!#%,'&3&/*4#3-"/-"* &-'0#*, )-"&L&'(# )!#1& 2#J*'*(!"# -#!7!3, !#*'#
*("!!%!' #8& )#<1J#=&"!.&$!0#``10#*#6!7*.#`&%& !$#`&*>&4& 2#1-%/*'20# -"# )!#1& 2T.#
/*" &3&/* &-'#&'# )!#-9!".&L&'(#- #.!8!"#%*&'.# -"# )!#1& 2#- #5!' -'\\#/"-9&$&'(# -"# )!#
!7/!'$& ,"!#- # ,'$.# )!"! -"\\#*'$#/"-9&$&'(#*'#! !3 &9!#$* !#N*8*"$!$# -#<1J#=&"!.&$!0#
``1#&'# )!#'- # -#!73!!$#*%-,' #- #bdX0\[XdOE
!"#$ %&(4= > !&!?!@A.-;#!B-:1C<# 1-!/=..
(4= > !%!?!O -#$!D$#
(4= > !G!?!P# .C!Q!/.9.C!D$#-
(4= > !N!?!HJ.C5 R.;!/#- #C !/.9.C!/ 5 .<! 15 !0 ::.C.-+.
(4= > !'!?!O C.5 ;.! 15 !D#C + F# 1-!#AC..<.-
(4= > !7!?!/ *!O C.5 ;.!PP!HJ.C5 R.!D#C + F# 1-!@AC..<.- !HC; -#-+.
M5#?BQDH?
$.
1-'.&$!"#*$-/ &-'#- #*'#-"$&'*'3!#- # )!#1& 2#- #5!' -'0#*#6!7*.#)-%!Q",4!#%,'&3&/*4#
3-"/-"* &-'0#*, )-"&L&'(# )!#1& 2#J*'*(!"# -#!7!3, !#*#\]"- !..&-'*4#<!"9&3!.# ("!!%!' #
8& )#G5F#I'(&'!!"&'(0#M'3E0# -"# )!#G&3;-"2#1"!!;#F-*$#F!*4&('%!' #. "!! #&%/"-9!%!' #
/"-Y!3 #*.#.! # -" )#&'# )!#*("!!%!' \\#/"-9&$&'(# -"# )!#!7/!'$& ,"!#- # ,'$.# )!"! -"\\#*'$#
/"-9&$&'(#*'#! !3 &9!#$* !#NF=f#dHBAQA^B#Q#\]"- !..&-'*4#<!"9&3!.# ("!!%!' # -"#$!.&('#
.!"9&3!.#*8*"$!$# -#G5F#I'(&'!!"&'(0#M'3E0#&'# )!#'- Q -Q!73!!$#*%-,' #- #bD0D^@0HABOE
!"#$ %&(4= > !&!?!@A.-;#!B-:1C<# 1-!/=..
(4= > !%!?!HC; -#-+.!#-;! 1- C#+
M5#?BQDd\[
M.
1-'.&$!"#*$-/ &-'#- #*'#-"$&'*'3!#- # )!#1& 2#- #5!' -'#*, )-"&L&'(# )!#1& 2#J*'*(!"# -#
!7!3, !#*'$#$!4&9!"#*#=&". # %!'$%!' # -#`!*.!#- #1& 2#\]"-/!" 2#>! 8!!'# )!#1& 2#- #
5!' -'#*'$#RU:#@@?#I#GM1KUFe0#``10#3-""!3 &'(# )!#`!..!!#'*%!#*'$#3-' &"%&'(#
)!#"!%*&'&'(# !"%.#- # )!# ("!!%!' \\#*'$#/"-9&$&'(#*'#! !3 &9!#$* !E
!"#$ %&(4= > !&!?!@B/!?!IK5 !3#+1!M.#5.!@<.-;<.-
(4= > !%!?!M.#5.!@C.#!/ .!*#F
(4= > !G!?!HC; -#-+.!%8&G?88S!HC A -#$!M.#5.
(4= > !N!?!HC; -#-+.!THP!%%&!()!" +U1C
'+,$ #-).$)/0**0/1*2
' (#)4)
! "#$% &*)) $+!,+)$-.<)=0#.0 !6>;!>96?
=.!!$)#/"!E !$%L$N$LO(P!1 %"$L# ()$ %
M5#?BQA@X
(.
1-'.&$!"#*//"-9*4#- #*#"!.-4, &-'#- # )!#1& 2#- #5!' -'0#6!7*.0#.,//-" &'(#4!(&.4* &-'# -#
3"!* !# )!#g1-4!#F*'3)#M%/"-9!%!' #5&. "&3 #c-E#?#- #5!' -'#1-,' 20#6!7*.h\\#*'$#
/"-9&$&'(#*'#! !3 &9!#$* !E
!"#$ %&(4= > !&!?!@A.-;#!B-:1C<# 1-!/=..
(4= > !%!?!I.51$K 1-? 1$.
(4= > !G!?!DC 1C!@A.-;#!B-:1C<# 1-!/=.. 5!#-;!DC.5.- # 1-5
(4= > !N!?!DC.5.- # 1-
M5#?BQDD@
&.
1-'.&$!"#*//"-9*4#- #*#"!.-4, &-'#- # )!#1& 2#- #5!' -'0#6!7*.0#.,//-" &'(#4!(&.4* &-'# -#
3"!* !# )!#gG,' !"#F*'3)#M%/"-9!%!' #5&. "&3 #c-E#?#- #5!' -'#1-,' 20#6!7*.h\\#*'$#
/"-9&$&'(#*'#! !3 &9!#$* !E
!"#$ %&(4= > !&!?!@A.-;#!B-:1C<# 1-!/=..
(4= > !%!?!I.51$K 1-?"K- .C
(4= > !G!?!DC 1C!@A.-;#!B-:1C<# 1-!/=.. 5!#-;!DC.5.- # 1-5
(4= > !N!?!DC.5.- # 1-
M5#?BQ?dD
1.
1-'.&$!"#*$-/ &-'#- #*'#-"$&'*'3!#- # )!#1& 2#- #5!' -'0#*#6!7*.#)-%!Q",4!#%,'&3&/*4#
3-"/-"* &-'0#*, )-"&L&'(# )!#1& 2#J*'*(!"# -#!7!3, !#*#\]"- !..&-'*4#<!"9&3!.# ("!!%!' #
8& )#_*%!.#FE#K&";/* "&3;# "3)& !3 0#M'3E0#$>*#K&";/* "&3;# "3)& !3 ,"!#< ,$&-# -"#
*"3)& !3 ,"*4#$!.&('#.!"9&3!.# -"# )!#1& 2#- #5!' -'#=&"!#< * &-'#X# -#>!#4-3* !$#* #D?D?#
1-4-"*$-#S49$E0#5!' -'0#6i#\[d@?A#*.#.! # -" )#&'# )!#3-' "*3 \\#/"-9&$&'(# -"# )!#
!7/!'$& ,"!#- # ,'$.# )!"! -"\\#*'$#/"-9&$&'(#*'#! !3 &9!#$* !#NF=f#dB?A#Q#*8*"$!$# -#
_*%!.#FE#K&";/* "&3;# "3)& !3 0#M'3E0#$>*#K&";/* "&3;# "3)& !3 ,"!#< ,$&-0#&'# )!#'- Q -#
!73!!$#*%-,' #- #b^?A0BA\[OE
!"#$ %&(4= > !&!?!@A.-;#!B-:1C<# 1-!/=..
(4= > !%!?!(J#$K# 1-!/=..
(4= > !G!?!0.5 A-!O..!*.<1
(4= > !N!?!/ #::!DC.5.- # 1-
(4= > !'!?!HC; -#-+.!#-;! 1- C#+
L.M5#?BQD@X
1-'.&$!"#*$-/ &-'#- #*'#-"$&'*'3!#- # )!#1& 2#1-,'3&4#- #5!' -'0#6!7*.#*, )-"&L&'(# )!#
J*2-"# -#!7!3, !#*'#!.3"-8#*("!!%!' #"!(*"$&'(#"!&%>,".!%!' #- #1& 2#!7/!'.!.#"!4* !$#
-#%,'&3&/*4#&%/"-9!%!' #$&. "&3 .\\#*'$#/"-9&$&'(#*'#! !3 &9!#$* !E
!"#$ %&(4= > !&!?!@A.-;#!B-:1C<# 1-!/=..
(4= > !%!?!HC; -#-+.!#-;!@AC..<.-
(4= > !G!?!DC 1C!@A.-#!B-:1C<# 1-!/=.. 5!#-;!DC.5.- # 1-5
(4= > !N!?!DC.5.- # 1-
M5#?BQD@\[
#.
1-'.&$!"#*$-/ &-'#- #*'#-"$&'*'3!#*//"-9&'(#*#.! 4!%!' #*("!!%!' #*'$#"!4!*.!#
>! 8!!'# )!#1& 2#- #5!' -'0#*#6!7*.#)-%!#",4!#%,'&3&/*4#3-"/-"* &-'#*'$# %!"&3*'#S&-#
<-,"3!0#``10#*#6!7*.#4&%& !$#4&*>&4& 2#3-%/*'20#"!(*"$&'(#&..,!.#*'$#$&./, !.#"!4* !$# -#*#
'+,$ #-).$)/0**0/1*2
' (#)5)
! "#$% &*)) $+!,+)$-.<)=0#.0 !6>;!>96?
4!*.!#*("!!%!' #*//"-9!$#,'$!"#-"$&'*'3!#'-E#@A?^QA@A#*'$#*, )-"&L&'(# )!#1& 2#
J*'*(!"0#-"#)&.#$!.&('!!0# -#!7!3, !# )!#.*%!\\#*//"-9&'(# )!#!7/!'$& ,"!#- # ,'$.#
)!"! -"\\#*'$#$!34*"&'(#*'#! !3 &9!#$* !E
!"#$ %&(4= > !&!?!@A.-;#!B-:1C<# 1-!/=..
(4= > !%!?!HC; -#-+.!#-;!@AC..<.-
E.M5#?BQDHD
1-'.&$!"#*#%- &-'# -#"!3-'.&$!"# )!#=!>",*"2#H0#@A?B#$!'&*4#- #*'#-"$&'*'3!# -"#*#
</!3& &3#V.!#\]!"%& #N=&4!#M5#<?XQAAAX(O# -#*44-8# -"#*#%,4 &Q *%&42#"!.&$!' &*4#,.!#*.#/*" #
- #*#%&7!$Q,.!#$!9!4-/%!' #-'#*'#*//"-7&%* !42#D?Q*3"!#.& !0#(!'!"*442#4-3* !$#-'# )!#
'-" )#.&$!#- #:&'$.-"#5"&9!0#!*. #- # )!#MQDH#c#="-' *(!#F-*$0#&'# )!#1& 2#- #5!' -'0#
5!' -'#1-,' 20#6!7*.\\#/"-9&$&'(# -"#*#/!'*4 2#&'# )!#%*7&%,%#*%-,' #- #b@0AAAEAA# -"#
9&-4* &-'.# )!"!- \\#/"-9&$&'(# -"#.!9!"*>&4& 2\\#*'$#!. *>4&.)&'(#*'#! !3 &9!#$* !#
N<?XQAAAX(0#:&'$.-"#5"&9!# /*" %!' .0#G*24!2#W*(,".;&OE
!"#$ %&(4= > !&!?!@A.-;#!B-:1C<# 1-!/=..
M5#?BQDHd
'.
1-'.&$!"#'-%&'* &-'.P*//-&' %!' .# -# )!#1& 2T.#S-*"$.0#1-%%&..&-'.0#*'$#1-%%& !!.C##
'&%*4#<)!4 !"# $9&.-"2#1-%%& !!0#G!*4 )#j#S,&4$&'(#< *'$*"$.#1-%%&..&-'0#`&>"*"2#
S-*"$0#6"* &3#<* ! 2#1-%%&..&-'0#*'$#1-%%& !!#-'#\]!".-'.#8& )#5&.*>&4& &!.E
!"#$ %&(4= > !&!?!@A.-;#!B-:1C<# 1-!/=..
(4= > !%!?!V1< -# 1-5!/=..
,.!!1 %1POL$%'!$)#/"
E##V'$!"#<!3 &-'#HH?EA^@#- # )!#6!7*.#U/!'#J!! &'(.# 3 0#"!./-'$# -#&'+,&"&!.# "-%# )!#1& 2#1-,'3&4#
-"# )!#/,>4&3#8& )#./!3& &3# *3 ,*4#&' -"%* &-'#-"#"!3& * &-'#- #/-4&320#-"#*33!/ #*#/"-/-.*4# -#/4*3!# )!#
%* !"#-'# )!#*(!'$*# -"#*'#,/3-%&'(#%!! &'(## c5##V'$!"#<!3 &-'#HH?EA^?H#- # )!#6!7*.#U/!'#
J!! &'(.# 3 0#/"-9&$!#"!/-" .#*>-, #& !%.#- #3-%%,'& 2#&' !"!. #"!(*"$&'(#8)&3)#'-#*3 &-'#8&44#>!# *;!'0#
-#&'34,$!C#!7/"!..&-'.#- # )*';.0#3-'("* ,4* &-'.0#-"#3-'$-4!'3!\\#&' -"%* &-'#"!(*"$&'(#)-4&$*2#.3)!$,4!.\\#
*'#)-'-"*"2#-"#.*4, *"2#"!3-('& &-'#- #*#/,>4&3#- &3&*40#/,>4&3#!%/4-2!!0#-"#- )!"#3& &L!'\\#*#"!%&'$!"#*>-, #
*'#,/3-%&'(#!9!' #-"(*'&L!$#-"#./-'.-"!$#>2# )!#(-9!"'&'(#>-$2\\#&' -"%* &-'#"!(*"$&'(#*#.-3&*40#
3!"!%-'&*40#-"#3-%%,'& 2#!9!' #-"(*'&L!$#-"#./-'.-"!$#>2#*'#!' & 2#- )!"# )*'# )!#(-9!"'&'(#>-$2# )* #
8*.#* !'$!$#-"#&.#.3)!$,4!$# -#>!#* !'$!$#>2#*#%!%>!"#- # )!#(-9!"'&'(#>-$2#-"#*'#- &3&*4#-"#!%/4-2!!#
- # )!#%,'&3&/*4& 2\\#-"#*'#*''-,'3!%!' #&'9-49&'(#*'#&%%&'!' # )"!* # -# )!#/,>4&3#)!*4 )#*'$#.* ! 2#- #
/!-/4!#&'# )!#%,'&3&/*4& 2# )* #)*.#*"&.!'#* !"# )!#/-. &'(#- # )!#*(!'$*E
1#I#F#6#M#=#M#1# #6#I
M#3!" & 2# )* # )!#*>-9!#'- &3!#- #%!! &'(#8*.#/-. !$#-'# )!#>,44! &'#>-*"$#* # )!#1& 2#G*44#- # )!#1& 2#- #
5!' -'0#6!7*.0#-'# )!#kkkkkkkk$*2#- #kkkkkkkkkkkkkkkkkkk0#@A?B#* #kkkkkkkk-l34-3;#N*E%EO#N/E%EO
kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk
1M6e#<I1FI6 Fe
'+,$ #-).$)/0**0/1*2
' (#)6)
! "#$% &*)) $+!,+)$-.<)=0#.0 !6>;!>96?
cU6IC6GI#1M6e#U=#5Ic6Uc#1M6e#1UVc1M`#:UFK#<I<<MUc#FUUJ# c5#1UVc1M`#
1G JSIF<# FI# 11I<<MS`I#Mc# 11UF5 c1I#:M6G#6GI# JIFM1 c<#:M6G#
5M< SM`M6MI<# 16E##6GI#1M6e#:M``#\]FURM5I#<MZc#` cZV ZI#Mc6IF\]FI6IF<#=UF#6GI#
GI FMcZ#MJ\] MFI5#M=#FIfVI<6I5# 6#`I <6#^X#GUVF<#Mc# 5R c1I#U=#6GI#<1GI5V`I5#
JII6McZE##\]`I <I#1 ``#6GI#1M6e#<I1FI6 Fel<#U==M1I# 6#D^BQXDAB#UF#V<I#
6I`I1UJJVcM1 6MUc<#5IRM1I<#=UF#6GI#5I =#N655O#Se#1 ``McZ#?QXAAQFI` eQ6i#<U#
6G 6# #<MZc#` cZV ZI#Mc6IF\]FI6IF#1 c#SI#<1GI5V`I5#6GFUVZG#6GI#1M6e#
<I1FI6 FeT<#U==M1IE
'+,$ #-).$)/0**0/1*2
' (#)7)
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-209,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding a mid-year update on the Denton
Chamber of Commerce, the Denton Convention and Visitors Bureau, and the Denton Chamber of Commerce’s
Office of Economic Development.
City of DentonPage 1 of 1Printed on 2/8/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CM/ DCM/ ACM: Bryan Langley
DATE: February 12, 2019
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding a mid-year update on the Denton
Chamber of Commerce, the Denton Convention and Visitors Bureau, and the Denton Chamber of
Office of Economic Development.
BACKGROUND
The Denton Chamber of Commerce is a membership-based 501(c)(6) non-profit business organization. In
addition to its core functions for its members, the Denton Chamber has two other operating divisions: the
Denton Convention and Visitors Bureau (CVB) and the Office of Economic Development.
At the request of several Council members, staff invited representatives of the Chamber of Commerce and
its operating divisions to present a work session. The goal of the work session is to provide more clarity
and transparency about the relationship among the three operating divisions, their roles, and how they are
funded.
The following is an overview of the roles of the operating divisions and their budgets:
Denton Chamber Annual Budget: $481,562 from memberships and services. Activities include
ribbon cuttings and ground breakings; events and programs; the Women in Commerce group; and
Leadership Denton.
CVB Annual Budget: $1.3 million from HOT funds; $132,500 from publications, co-ops, and
events; and $201,750 from Welcome Center sales and sponsorships. Activities include sales to
meetings and convention groups; marketing activities, including web and social media; operation
of the Discover Denton Welcome Center and DentonRadio.com.
Office of Economic Development Annual Budget $238,829 from the City of Denton contract
and $75,006 from investors in the Economic Development Partnership. Activities include business
recruitment; marketing activities, including web and social media; and management of the
Economic Development Partnership Investor Program.
FISCAL INFORMATION
The City of Denton provides funding to the CVB and the Office of Economic Development via annual
contract.
CVB: $1,323,545 total in Hotel Occupancy Tax (HOT) funds
Office of Economic Development: $238,829 total from the General Fund ($62,897) and Utility
Funds ($175,932)
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Presentation
Respectfully submitted:
Caroline Booth
Director of Economic Development
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:DCA18-0009,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and provide staff direction on the Denton Development Code Update and
Draft Zoning Map.
City of DentonPage 1 of 1Printed on 2/8/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: February 12, 2019
SUBJECT
Receive a report, hold a discussion, and provide staff direction on the Denton Development Code Update
and Draft Zoning Map.
BACKGROUND
The City is in the process of updating our Development Code and Zoning Map (DDC Update). The
Development Code sets the development standards for what, where, and how much can be built on a
property in the City of Denton. The last time a comprehensive Development Code and Zoning Map was
updated was in 2002, over 16 years ago. The DDC Update will address a variety of issues raised in the
City’s comprehensive plan. The goal of the DDC Update is to promote responsible and quality
development, while addressing the following themes:
•Focus on Customer Service;
•Build a Strong Foundation;
•Tailor Development Standards to specific context;
•Provide Flexibility;
•Protect Neighborhoods; and
•Coordinate efforts throughout the City.
As part of the DDC Update there is a new lineup of Zoning Districts. Zoning Districts are the way the City
ensures that the physical development of land and the kinds of uses allowed on each individual property are
consistent with the City’s vision. Zoning Districts specify the areas where residential, commercial,
industrial, recreational, and other activities may occur. Zoning Districts also specify standards such as
minimum lot dimensions, minimum setbacks, maximum height, and lot coverage. As part of the DDC
Update, the City’s official Zoning Map will be updated to be consistent with the new lineup of Zoning
District.
Because the DDC also outlines the standards and processes that regulates development throughout Denton,
the DDC Update will affect all Denton residents, businesses and property owners. Please note that with the
adoption of the DDC Update, will not cause any existing, legal single-family detached dwelling, townhome,
or duplex use or structure to become nonconforming. Any single-family detached dwelling, townhome, or
duplex structure, lot, and associated site features lawfully existing prior to the effective date of DDC Update
shall be deemed a lawful use, structure, lot, or site feature.
At the work session, by Clarion Associates, the consultant selected to assist in the preparation of the DDC
Update, will be making a presentation and will address comments and questions from Council. Attached
as Exhibit 2 is an outline of their presentation. At the work session Clarion Associates will cover the
adoption schedule, project goals, an overall overview of the DDC Update.
To make sure that the public is informed about the DDC Update, Development Services has held numerous
meetings with individual stakeholders, including neighborhood groups and members of the development
community, to seek their input and feedback. Development Services has been working with Public Affairs
staff to inform as many people as possible about the Public Drafts, Draft Zoning Map, upcoming meetings.
Staff has organized a series of work sessions and public meetings in February and March (outlined below)
inviting the public to observe, attend, ask questions and provide feedback regarding the DDC Update.
Below is a brief outline and schedule with key dates.
February 12 - City Council Work Session #1
o Project Schedule
o Project Goals
o Overview
February 13 – Planning and Zoning Special Called Work Session #1
o Project Schedule
o Project Goals
o Overview
February 13 – Denton Community Development Alliance (DCDA) Meeting at the Chamber of
Commerce Office starting at 1:30 pm
February 13 – Public Meeting at the Council Chamber starting at 6 pm
February 15 – Public Draft and Draft Zoning Map is published online
February 20 – Planning and Zoning Work Session #2
o General Provisions
o Administration and Procedures
o Zoning Districts
o Draft Zoning Map
February 25 - Public Meeting at the Council Chamber starting at 6 pm
February 26 - City Council Work Session #2
o General Provisions
o Administration and Procedures
o Zoning Districts
o Draft Zoning Map
February 27 – Planning and Zoning Special Called Work Session #3
o Zoning Districts (continued)
o Zoning Map (continued)
o Use Regulations
o Overlay and Historic Districts
o Development Standards
o Subdivision Regulations
February 28 - Public Meeting at the Civic Center starting at 6 pm
March 5 - City Council Work Session #3
o Zoning Districts (continued)
o Zoning Map (continued)
o Use Regulations
o Overlay and Historic Districts
o Development Standards
o Subdivision Regulations
March 18 - Public Meeting at the Civic Center starting at 6 pm
March 20 - Public Meeting at the Civic Center starting at 6 pm
April 9 - City Council Special Called Work Session #4 (Tentative)
o Wrap up session
o Address Council questions and comments
April 10 – Planning and Zoning Special Called Public Hearing
April 23 – City Council Special Called Public Hearing (Adoption Date)
To ensure transparency and a successful DDC Update staff understands that we need input and feedback
from the public. A draft of the DDC Update and Draft Zoning Map will be available online for all to review
on Friday, February 15. Staff will continue to provide updates to the public and meet with the Development
Code Review Committee (DCRC) until we get to the adoption date. The DCRC had a meeting on Friday,
February 8 to go over the Draft Zoning Map and the adoption schedule. It is anticipated that additional
DCRC meetings are needed in the future.
We encourage individuals interested to visit www.DentonCode2030.com for more information. Available
online are details on upcoming Planning and Zoning Commission and City Council Work Sessions and
Public Meetings. Lastly, staff is available for individuals to visit the Development Services Center during
office hours to talk with Planners and go through Public Draft and Draft Zoning Map until we get to the
adoption date.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council and Planning and Zoning Commission
September 11, 2012 – City Council approved contract with Clarion Associates
December 13, 2016 – City Council approved first amendment to contract
April 28, 2017, – Purchasing staff approved second amendment to contract
November 7, 2017 - City Council approved third amendment to contract
March 27, 2018 – City Council Work Session regarding Administration and Procedures (Module
2)
March 28, 2018 – Special Called Planning and Zoning Commission Work Session regarding
Administration and Procedures (Module 2)
April 10, 2018 - City Council Work Session regarding DDC Advisory Committee
November 14, 2018 – Planning and Zoning Commission Work Session
Development Code Review Committee
Over 25 meetings so far
Other Boards and Commissions
October 29, 2018 – Board of Adjustments Meeting
November 12, 2018 – Historic Landmark Commission
Public Meetings
June 7, 2017 – Kick-off Open House
September 28, 2017 – Zoning Districts and Use Regulations (Module 1) Public Meeting
November 13 - 15, 2017 – Zoning Districts and Use Regulations (Module 1) Public Meetings
March 28, 2018 - Administration and Procedures (Module 2) Public Meeting
April 21, 2018 – Redbud Festival
April 23, 2018 – Public Meeting at Fred Moore High School
April 26, 2018 – Public Meeting at LaGrone Advance Technology Center
May 2 – 3, 2018 – Office Hours at Development Services Center
May 5, 2018 – Denton Community Market
May 7, 2018 - Public Meeting at the Denton Convention Center
May 10, 2018 - Public Meeting at Sam Houston Elementary School
May 12, 2018 - Public Meeting at the Civic Center
June 22, 2018 – Juneteenth Celebration
August 4, 2018 – Denton Community Market
October 6, 2018 – Denton Community Market
November 3, 2018 – Denton Community Market
January 17, 2019 – State of the City
Stakeholder Meetings
March 28, 2018 - Denton Community Development Alliance
April 18, 2018 - Denton Community Development Alliance
April 18, 2018 - Administration and Procedures (Module 3) Public Meeting
April 30, 2018 – Denia Neighborhood Meeting
May 15, 2018 – AIA Dallas Codes and Standards Committee
May 21, 2018 – Evening Rotary Club
June 11, 2-18 – North Texas Fair and Rodeo Board (President)
July 10, 2018 – Kiwanis Meeting
August 27, 2018 – SEDNA Meeting
November 6, 2018 – Kiwanis Meeting
November 27, 2018 – AIA Dallas Codes and Standards Committee
November 28, 2018 - Denton Community Development Alliance
December 3, 2018 – Denia Neighborhood Meeting
EXHIBITS
1.Agenda Information Sheet
2.Clarion Presentation Outline
3.Presentation
Respectfully submitted:
Richard Cannone, AICP
Interim Planning Director
Prepared by:
Ron Menguita, AICP
Principal Planner
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-289,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding the Solid Waste department’s residential
and commercial recycling operations.
City of DentonPage 1 of 1Printed on 2/7/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Solid Waste
CM/ DCM/ ACM: Mario Canizares
DATE: February 12, 2019
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the Solid Waste department’s
residential and commercial recycling operations.
BACKGROUND
On June 26, 2018, the Denton City Council received a work session report from Solid Waste staff and solid
waste consulting firm Blue Ridge Services, Inc. regarding an assessment of Solid Waste operations. During
that presentation, Council received recommendations regarding various programs and services from Blue
Ridge as well as Solid Waste management. Members of the Council requested that programs and services
discussed during the report be analyzed in further detail and that the results of those analyses be delivered
to the Council Committee on the Environment. This item has been prepared to fulfill those requests.
The Solid Waste Department’s recycling operations exist to sort, recover, and divert recyclable materials
from landfill disposal for processing and reuse. The benefits of recycling include the preservation of natural
resources, pollution prevention, and the reduction of landfilled waste. Solid Waste’s recycling operations
are responsible for the collection of recyclable materials generated by residential and commercial
customers. The department partners with an onsite materials recovery facility (MRF) to sort and ship
recyclable materials to paper mills and other recyclers for processing and sale. The analysis being presented
to the Committee includes a review of program objectives, evaluation of program results, an update on
recycling commodity markets, a financial analysis, and staff conclusions and recommendations.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
June 26, 2018 – The City Council received an operational review of the Solid Waste Department from Blue
Ridge Service, Inc. The Council directed staff to perform additional analysis on department programs and
operations.
January 22, 2019 – The Committee on the Environment received a briefing on the analysis and
recommended that staff further evaluate adoption of a mandatory recycling ordinance and consider
additional program improvements.
February 11, 2019 – The Public Utilities Board is scheduled to receive a briefing on the analysis and
provide recommendations.
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Presentation
Respectfully submitted:
Ethan Cox
Director of Solid Waste
Prepared by:
Ethan Cox
Director of Solid Waste
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-312,Version:1
AGENDA CAPTION
Receiveareport,holdadiscussion,andgivestaffdirectionregardinganordinancegoverningtheuseofthe
City of Denton’s Right of Ways for construction purposes and the processes and procedures implementing it.
City of DentonPage 1 of 1Printed on 2/8/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Capital Projects/Legal/Development Services
CM/ DCM/ ACM: Mario Canizares
DATE: February 12, 2019
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding an ordinance governing the use of the
City of Denton’s Right of Ways for construction purposes and the processes and procedures implementing
it.
BACKGROUND
The City of Denton currently has no ordinances addressing the use of the public right of way for construction
purposes. Where ordinances do address the use of the public right of way for construction, the ordinance
is fragmented throughout the Code of Ordinances, Development Code, and uncodified ordinances. Further,
the current state of the City’s ordinances and codes lack any strength with which to back up the City’s
authority over the public right of way. This scenario combined with limited staff resources for inspections
makes enforcement of the current ordinances governing use of the right of way for construction exceedingly
difficult.
A prime example of this scenario was the crane located for an extended period of time within the right of
way on Mulberry Street last fall. No traffic control plan or permit was applied for the use of the right of
way which added considerable inconvenience to the public when navigating around the impediment. It also
put excessive strain on existing City infrastructure (i.e. the road), and created a considerable emergency
response impairment. When contacted and asked to move the equipment, the contractor did not stop for
long and went back to business quickly after discovering that the City has no way of enforcing these
ordinances. Current provisions within the code merely allows City personnel the ability to notify the user
of the right of way that they should not be doing what they are doing in the right of way.
With the acceleration of capital projects to construction and the increasing number of private development
projects occurring within the same space, it is imperative that a well-defined process for keeping track of
all work in the right of way is established. An ordinance defining possible outcomes if the user of the right
of way, whether private or public, does not comply with the City’s permissible uses is a more meaningful
and effective way to ensure the safety of the public, minimize public inconvenience, and the integrity of the
City’s infrastructure within the public right of way. City’s such as Plano, Arlington, Austin, San Antonio,
Frisco and many others have adopted right of way use ordinances that define what is permissible and what
is not permissible within the public right of way, as well as the result of not complying.
Over the last six months, Staff has been working to craft a comprehensive right of way use ordinance. In
the process, two primary categories of use were identified. The first category is construction activities
within the right of way, and second was the use of the right of way. Use of the right way is a more complex
issue than construction and as such will be covered in separate work sessions after adoption of the
construction portion of the right of way ordinance.
Upon receiving direction from council regarding this ordinance, staff proposes to reach out to the
development community through various private development and design professional organizations
enabling these external stakeholders to provide feedback on this ordinance. Feedback will also be solicited
from internal stakeholders (i.e., water department, Denton Municipal Electric, etc…) and external franchise
utilities. Staff intends to incorporate feedback from these stakeholders over the next month to bring back
to council for reading in March of 2019, and adoption by council in April of 2019.
OPTIONS
1.Have staff proceed first with a right-of-way ordinance for construction purposes, and related
processes and procedures, and then the remainder of the right-of-way ordinance.
2.Have staff proceed with the complete right-of-way ordinance and related processes and
procedures.
3.Table for future consideration.
RECOMMENDATION
Staff recommends moving forward with a right-of-way ordinance for construction purposes only and related
processes and procedures.
ESTIMATED SCHEDULE OF PROJECT
Staff intends to incorporate feedback from these stakeholders over the next month to bring the right-of-way
ordinance for construction purposes only back to council for adoption in March or April of 2019.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
FISCAL INFORMATION
No fiscal impact due to this consideration.
BID INFORMATION
Not Applicable.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Presentation
Exhibit 3: Ordinance – to be distributed to Council this weekend
Respectfully submitted:
W. Todd Estes, PE
City Engineer
Prepared by:
W. Todd Estes, PE
City Engineer
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-317,Version:1
AGENDA CAPTION
ConsultationwithAttorneys-UnderTexasGovernmentCodeSection551.071;Deliberationsregarding
Personnel Matters - Under Texas Government Code Section 551.074.
ConsultwiththeCity’sattorneysonlegalconsiderations,statusandstrategy,inadvanceofaproposed
mediationbeforetheEqualEmploymentOpportunityCommission,relatingtothependingchargeofformer
employeeShandrianJarvisandanypotentialsettlement,andtoreceivelegaladviceregardingsame,wherethe
City’sAttorneys’dutiestothegovernmentalbodyundertheTexasDisciplinaryRulesofProfessionalConduct
oftheStateBarofTexasclearlyconflictwithChapter551oftheTexasOpenMeetingsAct.Thisclosedsession
alsoconcernsdeliberationsinvolvingapublicofficeroremployee,undercircumstancesallowingclosed
session under section 551.074 of the Texas Open Meetings Act.
City of DentonPage 1 of 1Printed on 2/8/2019
powered by Legistar™
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-034,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton, approving a City sponsorship in an amount not to
exceed $330 of in-kind services for the Tails and Trails to be held on Saturday, March 30, 2019, from 9:30 a.m.
to 11:00 a.m., at the North Lakes Park; and providing an effective date.
City of DentonPage 1 of 1Printed on 2/7/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Parks and Recreation
DCM: Bryan Langley
DATE: February 12, 2019
SUBJECT
Consider adoption of an ordinance of the City of Denton, approving a City sponsorship in an amount not to
exceed $330 of in-kind services for the Tails and Trails to be held on Saturday, March 30, 2019, from 9:30
a.m. to 11:00 a.m., at the North Lakes Park; and providing an effective date.
BACKGROUND
The Denton Animal Support Foundation provides funding and aid to the Linda McNatt Animal Care and
Adoption Center. Proceeds from this event will benefit homeless, injured, and neglected pets in the Denton
area. This event is held at North Lakes Park on Saturday, March 30, 2019, from 9:30 a.m. to 11:00 a.m.
The course begins at the North Lakes Park parking lot, runs through the North Lakes Trails all the way to
the Linda McNatt Animal Care and Adoption Center. The animal center will be hosting an adoption event
at the end of the race and the foundation will subsidize half price adoptions. Event organizers anticipate 200
in attendance.
The Denton Animal Support Foundation is requesting the City of Denton participate as a sponsor for in-
kind services by waiving the special event application and park rental fee. In exchange for the support, the
City of Denton will be considered an event sponsor at a sponsorship level equal to the value of fees
waived.
RECOMMENDATION
Staff recommends approval.
PRIOR ACTION/REVIEW
N/A
FISCAL INFORMATION
The following fees represent the value of in-kind services not to exceed $330.
Expenses
$300 Value based on the 2019 $75 rental fee for North Lakes Park
$30 Value based on the 2019 Special Event Application fee
$330 Total
Including this event, the City Council will have authorized a total of $31,676 in support for six community
events in the current fiscal year.
Aprovision added to the Sponsorship Letter alerts event organizers of their responsibility for damages
caused to City property, beyond normal wear and tear, during the hosting of their events. All sponsorships
where City facilities or services are requested for free or at a reduced rate require City Council approval.
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Ordinance
Respectfully submitted:
Gary Packan
Director, Parks and Recreation
Prepared by:
Jennifer Eusse
Special Events Supervisor
2019 TAILS AND TRAILS IN-KIND SUPPORT
$330.00
PARKS AND REC FACILITY RENTALS .ğƭĻķ ƚƓ CĻĻ hƩķźƓğƓĭĻ
Hours
Rental FeeHourly RateTOTAL
North Lakes park 4.00$75.00$300.00
$300.00
ADDITIONAL FEES
Rental/Permit FeesRental FeePermit FeeTOTAL
Special Event Application Fee30.00$30.00
$30.00
City of Denton Parks and Recreation Department
601 E. Hickory St., Suite B, Denton, TX 76201 (940) 349-7275
February 12, 2019
Mrs. Kiara Lelgesen
Denton Animal Support Foundation
Dear Mrs. Lelgesen:
On January 15, 2019, your sponsorship request was approved by City Council in an amount not
to exceed $330 of in-kind support provided by the City of Denton for the Tails and Trails 5k and
1 Mile Fun Run to be held at North Lakes Park on Saturday, March 30, 2019, from 9:30 a.m. to
11 a.m.
The City of Denton is proud to be a sponsor in of support to the fun run as outlined below. As part
of the approval process, City Council may request to see a report of revenues and expenses for the
2019 Tails and Trails 5k and 1 Mile Fun Run included in future requests.
The following is a summary of in-kind support and the sponsorship role assumed by the
City of Denton and the Denton Animal Support Foundation.
Expenses
$300
6 «´¤ ¡ ²¤£ ® ³§¤ ΑΏΐΘ ͡ΖΔ ±¤³ « ¥¤¤ ¥®± .®±³§ , ª¤² 0 ±ª
$30
Value based on the 2019 Special Event Application fee
$330 Total Expenses
Denton Animal Support Foundation
1. The Denton Animal Support Foundation will provide all planning, management, and
organization for the event.
2. Event organizers will submit a Special Event Application complete with a layout of the
vendor locations, public safety plan, site map, litter and recycling agreement, and schedule
of events to the Special Events Supervisor prior to the event.
3. %µ¤³ ®±¦ ¨¹¤±² are responsible for securing all permits, licenses, insurance, and approvals
necessary to host the fun run as stated in permit applications. The Special Events
Supervisor will provide information to help facilitate these processes, if needed.
OUR CORE VALUES
Integrity Fiscal Responsibility Transparency Outstanding Customer Service
ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989
4. Event organizers assume all liability in connection with the Tails and Trails 5k and 1 Mile
Fun Run, including but not limited to damages done to City property whatever the cause,
while hosting this fun run, and agrees to reimburse the City for reparations within
30 days of notice/invoice.
5. %µ¤³ ®±¦ ¨¹¤±² will promote the event as a "Litter Free Event" in accordance to
Resolution R2008-004 for events held on City property and agree to promote recycling
and ensure that Denton parks is free from litter resulting from the fun run.
6. Event organizers will charge and collect all Park Vendor Fees consistent with the City of
Denton ordinance and remit these fees within five working days after the fun run.
7. Event organizers and vendors are responsible for their own set-up and take-down, including
tents, lighting, etc., before and after the fun run. The City will not provide labor for vendors.
8. The City of Denton will be recognized as a sponsor at the appropriate level in promotional
materials and all advertising, including any use of a City logo, must be submitted to the
Special Events Supervisor for approval from the Parks and Recreation Department.
The City of Denton is excited about the Tails and Trails 5k and 1 Mile Fun Run and its continued
success.
Sincerely,
Jennifer Eusse
Special Events Supervisor
I hereby agree to the foregoing conditions required for a City of Denton sponsorship.
____________________________________ __________________________
Kiara Lelgesen, Denton Animal Support Foundation Date
2
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-227,Version:1
Consider approval of a Resolution of the City of Denton, Texas evidencing support for the proposed new
construction of Riva Denton apartments in Denton to provide affordable and market rate rental housing; and
providing for an effective date.
City of DentonPage 1 of 1Printed on 2/8/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Public Affairs and IGR - Community Development
CM/ DCM/ ACM: Bryan Langley, Deputy City Manager/COO
DATE: February 12, 2019
SUBJECT
Consider approval of a Resolution of the City of Denton, Texas evidencing support for the proposed new
construction of Riva Denton apartments in Denton to provide affordable and market rate rental housing;
and providing for an effective date.
BACKGROUND
The Texas Department of Housing and Community Affairs (TDHCA) offers a Housing Tax Credit program
as one of the primary means of directing private capital toward the development and preservation of
affordable rental housing for low-income households. Typical projects include apartment complexes, rental
townhomes, mixed-income and mixed-use properties, supportive housing for those with special needs, and
independent living facilities for seniors.
There are two types of Housing Tax Credit (HTC) programs available: a 4% (non-competitive) and a 9%
(competitive) program. Both programs have unique features and rules; however, in general, current policy
from the TDHCA includes a scoring item that developers receive resolutions of support or no objection
from the municipality in which the project is located.Applications for 9% housing tax credits are very
competitive at the state level. As of January 23, 2019 through the state’s pre-application process, 60 projects
applications had been submitted for this region with over $84.9M in credits requested and only $15.9M
available to allocate. The ability to secure the credits and funding in Region 3 is limited.
To meet the City of Denton housing and development objectives, it is the City’s policy to analyze projects
requesting support for proposed Housing Tax Credits (HTC). Such analysis will determine if the project(s)
comply with the principles and policies found in the City’s Denton 2030 Plan, the 5-Year Consolidated Plan
for Housing and Community Development, as well as various other master, strategic, and redevelopment
or neighborhood plans, adopted by the City of Denton. The goal of this analysis is to (a) establish if HTC
projects merit local support, and (b) prioritize HTC submissions if more than a single proposal is received
during an evaluation period. The Community Development Division serves as the City’s primary staff and
point of contact for all HTC programs.
Developers seeking consideration by the City of Denton for either a Resolution of Support or a Resolution
of No Objection, for an HTC from TDHCA may review the HTC Policy and must submit a request for
support using the City Council approved HTC Application.
DISCUSSION
One application seeking a Resolution of Support for a 9% application was submitted to Community
Development. (Exhibit 2) This project was previously submitted in 2018. City Council did provide a
Resolution for Support for that HTC 9% application to TDHCA in 2018 but the project did not receive
sufficient points to be awarded housing tax credits. This project has been modified some to include
additional partners as well as slight modifications to the site plan and unit breakdown. Staff presented the
proposed project with the developer to City Council on February 5 and received direction to bring a
resolution of support forward at the next meeting for City Council consideration.
PROJECT - Riva Denton
Project Type: General, New Construction
Location: NWQ Hickory Creek and Teasley Lane
City Council District: 4
Developers:Co-Developer and Co-Owners: Riva Switzerland & Casa Linda Development
Corporation with Development Consultant: Palladium USA
Current Zoning: CM-G Multi-family is permitted with the following limitations: L(4) - SUP or
Mixed Use Development. When staff met with the applicant initially, staff informed them that the
project would require a SUP. However, after the meeting the applicant explained that when they
applied for the Letter of Support last year they received a determination that their project can qualify
as a Mixed Use Development, resulting in not requiring an SUP. After further consideration, staff
came up with the same determination. The property is zoned Commercial Mixed Use General (CM-
G), and is adjacent to commercial uses to the north and south. When informing the applicant that
an SUP is no longer required and that their project is within a mixed use area, they were told they
would have to provide both vehicular and pedestrian connections to the north and south. The
applicant agreed to design their site with those connections. If the applicant does not provide those
connections, they will be required to obtain an SUP. Following this item, the project will required
to go through the Development Review Process, submitting a Site Plan Review, Preliminary and
Final Plat, and Building Permit applications.
Tenant populations, restrictions and access to supportive services: Riva Denton will commit to
reaching out and working with local nonprofits such as Apartment Life and local churches to provide
services for their residents.
Taxable Status of the Development: Riva Denton will pay all property taxes.
Proposed Unit Breakdown: Total number of unitsavailable at affordable rental rates based on
different levels of area median income (AMI). Riva Denton will a total of 120 units in this
development (see chart below). They are proposing to have up to 30.8% market rate units (37 units)
in this development. In addition, a vast majority of the remaining units (74 units) will serve the
workforce that earns 50-60% of the area median income ($77,200). Approximately 7.5% of the units
(9 units) will serve residents making 30% of the area median income.
Experience: Other HTC projects completed by CASA Linda Development Corporation and
Palladium in Texas were listed in the Riva Application (page 5). The Palladium Denton, at the corner
of Sherman Drive and Poinsettia, received approved of a zoning request by City Council in
December of 2017, construction began early summer of 2018 and the project is on schedule for
completion in September, 2019.
The resolution is attached (Exhibit 3). Please note that the developer is also asking the City commit to a
development fee waiver in an amount not to exceed $500.00 to Riva Denton, conditioned upon receipt of
Housing Tax Credits. The developer communicated that, in order for their application to be more
competitive, they must get every available point as one (1) point can, and usually does, make the difference
between getting an award of the housing tax credits or not.
The 2019 TDHCA Qualified Allocation Plan rules state that if a city commits development funding or
reduced fees in a value that equals $500 or more, the developer is awarded one (1) additional point on their
application (see excerpt below from TDHCA 2019 QAP).
(2) Commitment of Development Funding by Local Political Subdivision. (§2306.6725(a)(5))
An Application may receive one (1) point for a commitment of Development funding from the city
(if located in a city) or county in which the Development Site is located. The commitment of
Development funding must be reflected in the Application as a financial benefit to the Development,
i.e. reported as a source of funds on the Sources and Uses Form and/or reflected in a lower cost in
the Development Cost Schedule, such as notation of a reduction in building permits and related
costs. Documentation must include a letter from an official of the municipality, county, or other
instrumentality with jurisdiction over the proposed Development stating they will provide a loan,
grant, reduced fees or contribution of other value that equals $500 or more for Applications located
in Urban subregions or $250 or more for Applications located in Rural subregions for the benefit of
the Development. The letter must describe the value of the contribution, the form of the contribution,
e.g. reduced fees or gap funding, and any caveats to delivering the contribution. Once a letter is
submitted to the Department it may not be changed or withdrawn.
OPTIONS
1.Approve a Resolution of Support as presented
2.Do Not Approve Resolution of Support or Resolution of No objection
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On February 5, 2019, staff presented the proposed RIVA Denton project to City Council. City Council
provided direction to staff to provide a Resolution of Support.
EXHIBITS
1.Agenda Information Sheet
2.Riva-Denton City of Denton HTC Application
3.Resolution of Support
Respectfully submitted:
Sarah Kuechler
Director of Public Affairs
Prepared by:
Danielle Shaw
Community Development Manager
EXHBIT 2
VIA EMAIL
January 14, 2019
Ms. Danielle Shaw
Community Development Manager
City of Denton
215 E. McKinney St. Suite 100
Denton, Texas 76201
RE: Request for a Resolution of Supportand Required Funding Assistance – Riva Denton TDHCA 19022
Dear Ms.Shaw,
Riva Switzerland, the developer, requests the City of Denton City Council consideration and approval a
Resolution of Support and a Letter of Funding Commitment for the submission ofRiva Denton, a
proposed 2019 9% Housing Tax Credit Applications for affordable rental housing communities to the
Texas Department of Housing and Community Affairs (TDHCA).
Attached is the City’s 2019 application describing the proposed development, its location, neighborhood
outreach efforts, common and unit amenities, and developer experience summary. You may recall our
development consultant, Palladium USA received approval from the City for a 2018 TDHCA application at
this same location. This development is proposed as the same community with a different ownership
structure. Riva Denton will be a high quality constructed residential development to serve a wide range of
incomes. Riva Denton will bring an amenity rich environment and is intended to become a live, work, and
play mixed-income development.
In addition to the City’s application, I have also provided a DRAFT Resolution of Support and Letter of
Funding Commitment. As you may be aware, the $500.00 funding commitment is for the benefit of the
development and may be in the form of a grant, loan, reduced fees or contribution of other value not less
than $500.00. TDHCA’s application requires a Letter from the City confirming the funding commitment for
the housing tax credit application.
Thank you for your kind assistance and consideration.
Sincerely,
Jennifer Grabham
Jennifer Grabham
Authorized Representative
Riva Switzerland, Inc
Phone: 806-543-7179
Email: jenniferg@rivaswitzerland.com
Attachments
c/o John C. Shackelford, Shackelford, Bowen, McKinley & Norton, LLP
9201 N. Central Expressway, Fourth Floor
Dallas, Texas 75231
Tel: (214) 780-1414
City of Denton
EXHBIT 2
Housing Tax Credit (HTC) - Request for Support
Application
Please note: The City of Denton reserves the right to deny applications that do not coincide with the City’s Housing Tax Credit
Request for Support and Policy, various strategic and master plans, or policy direction from the Denton City Council. Before a
project will be evaluated, each applicant requesting support must submit a completed application with all attachments in
accordance with the timeline prescribed herein.
1.PROJECT INFORMATION
Riva Denton, Ltd. (To Be Formed)
Legal Name of Developer/Entity
Riva Denton
Name of Proposed Development
NWQ Hickory Creek and Teasley Lane
Physical address of the project
48121021406 4
Denton ISD
Census tract #
Council District #School District
GeneralSeniorSupportive Housing - Special Populations
Project type:
OwnerDeveloperOther (list below):
Applicant Role:
Palladium USA will be our Development Consultant
9% HTC4% HTC
Housing Tax Credit application for:
Applicant is requesting Council Resolution: of Support Stating No Objection
New constructionRenovationAcquisition/Redevelopment
Is the property:
Total number of units:
# of Total Units# of Market Rate # of Affordable Units
$ Estimated Rent# SF of Each Unit
30%50%60%MR
SRO*
1 BR36163 16116$389-$1000804
2 BR60113 153111$462-$1175960
3 BR24103 3810$529-$14001154
Total Units 120379344037
% of Total 30.8%7.5%28.3%33.3%30.8%
Length of Affordability on the Project:
35years
*Single Room Occupancy
2. APPLICANT INFORMATION
Riva Denton, Ltd.
Name
c/o Shackelford, Bowen, McKinley and Norton-9201 N Central Expy, DallasTexas75231
STZIP
City
806-543-7179
Telephone
Sara Reidy
Contact person
214-941-0089sreidy@cldctx.com
Contact Email
Contact Telephone
TBDTBD
Federal Tax ID#
DUNS #:
For Developers and Partners, check all that apply:
For ProfitNonprofitPublic Housing Authority
Page 1 of 4
Approved: Resolution 18-756 onMay 8, 2018
City of Denton
EXHBIT 2
Housing Tax Credit (HTC) - Request for Support
Application
In the last ten years:
Yes
Have you developed other Housing Tax Credit projects?
No
If yes, please list project names and addresses:
Please see attached
Yes
Have you developed other affordable housing projects?
No
If yes, please list project names and addresses:
Same list as provided above
3.PROJECT NARRATIVE & ATTACHMENT CHECKLIST
A project narrative and attachments must be attached to this application and briefly address, at a minimum, each of the following items:
a.Preliminary Site Plan - Provide a preliminary site plan for the proposed project;
b.
Location map “all” multi-family developments highlighting affordable housing within two miles of the proposed site;
c.Census tract map with site identified;
d.Letter of zoning verification or status of rezoning request from the City - Include a letter from the City of Denton’s Development
Services Department verifying that the current zoning of the site for the proposed project is compatible with the anticipated use, or
include documentation verifying that a request to change current zoning has been submitted;
Support and/or opposition from community - Describe the impact the project is anticipated to have on surrounding neighborhood and
e.
involvement and support from local stakeholders and neighborhood organizations; include a list of stakeholders and neighborhood
associations contacted. Attach all letters of support or opposition to your project and/or documentation of each notification/response:
i.Letter of support and/or opposition from the neighborhood association;
ii.Letter of support and/or opposition from the school district(s) (if project will be tax exempt);
iii.Letter of support and/or opposition from the County (if project will be tax exempt)
f.
TDHCA self score - Please attach TDHCA Self-Score Matrix - Sample provided in Attachment A.
Describe tenant population(s), restrictions (e.g. income or age restrictions) and access to supportive services demonstrated through
g.
provision of or proximity to community resources – schools, libraries, public facilities, nonprofits, health care and food security, public
transit etc. if any, to be provided to or made available to residents;
h. Provide a list of basic amenities and unit amenities proposed for the project;
Describe the project’s quality of design and construction;
i.
j.Demonstrate the project’s compatibility and alignment with the priorities stated in the City’s Comprehensive Plan, Future Land Use
Map, Consolidated Plan, and any other applicable master, strategic, and redevelopment or neighborhood plans adopted by the City of
4.FINANCIAL NARRATIVE & ATTACHMENT CHECKLIST
A financial narrative for the project must be attached to this application. Please address, at a minimum, each of the following items including
supporting attachments:
a.Project pro forma
b.Annual Audit for each partner
c.
Describe the taxable status of the development. Indicate whether the development will be paying property taxes or if the development
will be tax exempt;
If project will be tax exempt, provide:
d.
A projected loss of property taxes (to each taxing entity and in total) over the 15-year period, and include assumptions and
i.
comparable properties utilized;
A copy of the fiscal year budget of the tax-exempt partner;
ii.
iii.
A detailed plan explaining how projected revenues are intended to be used by the tax-exempt partner; this should provide
sufficient explanation to understand the strategic plan for the projected additional revenue and how it will provide an
enhancement or benefit to the community. The plan should also address any community service contributions and investments
planned by the tax-exempt partner and for-profit developer.
Page 2 of 4
Approved: Resolution 18-756 onMay 8, 2018
EXHBIT 2
Jennifer Grabham
1/10/19
EXHBIT 2
Riva Denton
Co-Developer and Co-Owner
Riva Switzerland
C/O Shackelford, Bowen, McKinley and Norton
th
9201 N Central Expy, 4 Floor
Dallas, TX 75231
Riva Switzerland is the USA operating subsidiary of its Switzerland parent company that has been active
in residential developments in the Lugano, Switzerland area for over 30 years. Riva Switzerland has not
developed any HTC properties in the United States to date.
Co-Developer and Co-Owner
Casa Linda Development Corporation
2010 Kessler Parkway
Dallas, Texas 75208
Housing Tax Credit Communities
The Belleview – 1400 Belleview, Dallas, TX 75215
La Esperanza Del Rio – 315 Butterfly Garden Drive, Rio Grande City 78582
La Esperanza De Alton – 320 S Stewart Blvd., Alton, TX 78573
The Heights – 2132 E Wisconsin, Edinburg, TX 78542
El Sereno – 213 Somerset Avenue, Cibolo, TX 78108
Development Consultant
Palladium USA
13455 Noel Road, Suite 400
Dallas, TX 75240
Housing Tax Credit Project Communities
Palladium Aubrey – 500 Highmeadow Rd., Aubrey, TX 76227
Palladium Midland – 2300 S Lamesa Rd., Midland, TX 79701
Palladium Van Alstyne Senior Living – 870 Blassingame, Van Van Alstyne, TX 75495
Palladium Anna – 2020 Florence Way, Anna, TX 75049
Palladium Garland – 905 W I-30 Fwy., Garland, TX 75043
Palladium Fort Worth – 9520 Club Ridge Drive, Fort Worth, TX 76108
Palladium Glenn Heights – Address TBD
Palladium Denton – Address TBD
Palladium Crowley – Address TBD
Palladium Farmersville – Address TBD
EXHBIT 2
2019 Request for Resolution of Support
Riva Denton01-14-19
3. PROJECT NARRATIVE AND ATTACHMENT CHECKLIST
Riva Denton will be a high quality constructed multifamily development located on the west side of
Teasley Lane and north of Hickory Creek Road in the city of Denton, Texas. The site is located
within one mile of numerous amenities such as agrocery store, pharmacy, outdoor recreation and
medical facilities. This high-quality constructed community will serve a wide range of incomes and
position itself well inside the growing neighborhood area. Riva Denton will be a 3-story community
with 1, 2 and 3 bedroom units ranging from 804 S.F. to 1,154 S.F. Riva Denton will bring will be an
amenity rich environment and is intended to become a live, work, and play mixed-income
development. We will do this by creating quality housing that can serve a range of incomes and
therefore, serve the entire workforce regardless of whether they are lower paying jobs all the way to
top earning jobs and everything in-between.Our total development cost is approximately $23.5M to
develop high quality Class A constructed 3-story rental housing that will fit in to the high-quality
environment of the Teasley and Old Hickory Road area. Riva Denton will strengthen the existing
retail developments and be an attraction for additional economic development.
a.Provide a preliminary site plan for the proposed project:See Attached
b.Location map of “all” multi-family developments highlighting affordable housing within
two miles of the proposed site:See Attached
c. Census Tract Map with Site identified:See Attached
d.Letter of Zoning Verification or status of rezoning request from City:See Attached. Current
Zoning is CM-6which allows multifamily as part of a mixed-use development. Our multifamily
satisfies this requirement as we are part of a larger development that includes a Sprouts grocery
store as well as other retail uses.
e. Support and/or opposition from communityand describe the impact the project is to have
on the surrounding neighborhood:See attached letters of support. We are also working with the
owner of the property who has developed the adjacent retail including the Sprouts grocery store.
We do not anticipate any impact on neighborhoods in the area.
f. TDHCA Self Score:See Attached
g. Describe tenant populations, restrictions and access to supportive services:
Riva Denton will have up to 30.8% market rate units in this development. In addition, a vast majority
of the remaining units will serve the workforce that earns 50-60% of the area median income
($77,200). Approximately 7.5% of our units serve residents making 30% of the area median income
Riva Denton will commit to reaching out and working with local nonprofits such as Apartment Life
and localchurches to provide real and substantive services for our residents.
Resident Services:
Bi-Monthly social activities,
Annual health fair
Food pantry
Organized youth programs
Notary services
Weekly exercise classes
Bi-monthly arts and crafts activities
Credit Counseling
Financial Planning
EXHBIT 2
h. Basic Common and Unit amenities:7% of the units at Riva Denton will be set-aside for
persons with disabilitiesand will meet 2010 ADA accessibilitystandards. In addition to the unit and
property amenities listed belowour residents will have access to array of amenities in the area.
Please see attached amenities map.
Unit amenities include:
Granite countertops
Vinyl plank flooring
Stainless and black appliances
Upgraded cabinetry in kitchens and bathrooms
Double sinks in master bath
Energy efficient appliances
Property amenities include:
Clubhouse Lounge
Club Kitchen
Business Center
Swimming Pool
Fountains/Pocket Park
Controlled Access
Exercise Facility
Cabanas with BBQ Grills
Conference Room
Coffee Bar
Pet Park
Tot Lot
Community Center Wi-fi
i.Design and Construction Materials
Brick, Stucco, Stone, Hardi-plank
j. Project’s compatibility and alignment with the priorities stated in the City’s Comprehensive
Plan and Future Land Use Plan
The development team for Riva Denton considered the City’s goals in the Denton Plan 2030 when
planning the design and unit mix for the proposed multifamily development. Located in a growing
mixed-use environment west of Teasley Lane and north of Hickory Creek Road, Riva Denton will
contribute to the quality of life for the community. Riva Denton working closely with the community
andCity staff, designed a Class A development to reflect the community’s vision. It’s important to
note the Denton Plan 2030 is an update to the 1999 Denton Plan and incorporated a number of
other Plans in it such as “Simply Sustainable, A Strategic Plan forDenton’s Future”
In Section 7 Housing and Neighborhoods of The Denton Plan 2030, The Plan specifically states that
the incomes of many Denton households are lower than other areas of the region and as a result
Denton house-holds are considered “cost burdened”. Therefore, through a collaboration of Denton
organizations, the City has chosen a policy to encourage affordable housing with developers using
housing tax credits to finance affordable housing.
In addition, the purpose of the CM-G District is to provide the necessary shopping, services,
recreation, employment and institutional facilities that are required and supported by the surrounding
community. This zoning is typically located in areas with easy access, such as along major
roadways or the intersection of localroads and arterial streets. This use conforms with the future
Land Use Plan.
EXHBIT 2
Future Land Use Map Indicates the Site zoned for Community Mixed-Use and is the Preferred Growth
Concept (See Red Arrow)
The City of Denton 2015-2019 Consolidated Community Development Plan
Riva Denton also meets the goals and objective of the City’s Consolidated Plan and more specifically in
the Draft 2018-2019 Action Plan. While the Plan specifically provides for the funding of specific
community development improvement opportunities, the Plan encourages quality, safe and affordable
housing to low to moderate income households by offering affordable rental units.
4. Financial Narrative and Attachment Checklist
a. Project Proforma: Preliminary Proforma Attached
b. Annual Audit for EachPartner:Certified Financials are attached
c. Describe Taxable Status of the Development: Riva Denton will pay all property tax
EXHBIT 2
EXHBIT 2
b.There are no existing multifamily developments highlighting affordable housing within two miles of site
EXHBIT 2
EXHBIT 2
RivaDenton
RivaDenton
EXHBIT 2
DevelopmentnamehaschangedtoRivaDenton
Anewzoningletterwillberequestedforthe2019
TDHCAApplication
EXHBIT 2
EXHBIT 2
January 7, 2019
City of Denton
Community Development Division
601 East Hickory Street
Suite B
Denton, TX 76205
RE: Letter of Support for Proposed Riva Denton Multifamily Development
To Whom It May Concern:
On behalf of the local real estate professionals and developers at Noble Companies, I
would like to express our support for the proposed Riva Denton multifamily housing
development to be located on the west side of Teasley Lane and north of Hickory
Creek Road. We are excited by this proposed development, as it will help
strengthen the existing retail developments in the immediate area as well as be a
strong catalyst to bring additional commercial growth to service the surrounding
Denton communities.
Thank you for your consideration.
Sincerely,
Harry Chapman
NWC Hickory Partners, LLC
Noble RE, LLC
Glaser Retail Partners
EXHBIT 2
=>= !?@?<!59
2+)/! !$:!<
EXHBIT 2
,"= 1#,04-&( - .- +
8.U!V+9'/!Z'6&$(
,"= 1#2(/ &(" +
8/(1$(!_C8
,"= 1#2(/ &(" #9..&-//+
< F!A!Y$7%&1!C1.//1
8/(1$(L!*X!!FN
)&-/(.( @#K%%("-&# %
L !&.# %#7&0/ --/+
G'+!2.'7/
9..&-//+
< F!A!Y$7%&1!C1.//1
8/(1$(L!*X!!FN
-$%(1;!V%0)/
4(0;!K+0&
61-" -.#K%%("(!1/+
-$%(1;!-$99'&&'$(/.
#%)I!-$6/9+(
-$%(1;!-$99'&&'$(/.
E$(!G+.7I+(1
-$%(1;!-$99'&&'$(/.
D$BB'/!VU!G'17I/66
-$%(1;!-$99'&&'$(/.
8'+((/!K09$(&$(
G+;$.
-I.'&!Z+11&
-'1;!-$%(7'6!G/9B/.
W/.+.0!#%0&5/1I
-'1;!-$%(7'6!G/9B/.
`//6;!WU!D.'))&
-'1;!-$%(7'6!G/9B/.
8$(!8%::
-'1;!-$%(7'6!G/9B/.
V$I(!E;+(
-'1;!-$%(7'6!G/9B/.
8/B!4.9'(1$.
-'1;!-$%(7'6!G/9B/.
2+%6!G/61T/.
5-(@=D &= .#K&@! (M! ( /+A$(/
RivaDenton
'4- ( (3-#8 0/( @#7!N# &-.( #,-1-" ( #,-1%?," &- '4- ( (3-#8 0/( @#7!N# &-.( #,-1-" ( #,-1%?," &-
&( -&(!#)& ' ( @#2-3-1 4'- # %#8(@=#O0!1( *#8 0/( @
< ( #,(M-/+
N
< ( #H-! 0&-/+
,4 / &# =!&!" -&(/ ("/+
8(@=#O0!1( *#8 0/( @#7 !1+
F
&( -&(!# #,-&3-#! .#,044 & #7-N! /#F / #( #5--.
$ " '-#E-3-1/# %#7- ! /+
N
>- #E-3-1/# %#7- ! /+
7- ! #,-&3("-/+
K44 & 0 ( *#$ .-N+
F
< .-&/-&3-.#9&-!+
<
7- ! #) 401! ( /#P( =
,4-"(!1#8 0/( @#5--./+
)& N('( *# # =-#<&D! # &-+
,-&3-#! .#,044 & #7-N! /
F / #( #5--.#7 !1+?
&( -&(!#)& ' ( @# ''0 ( *#,044 & #! .#6 @!@-'-
''( '- # %#2-3-1 4'- #H0 .( @
D*#E "!1#) 1( ("!1#,0D.(3(/( +
2-"1!&-.#2(/!/ -	&-!+
''0 ( *#,044 & #! .
6 @!@-'- #7 !1+
=>= !?@?<!59
2+)/!<!$:!<
EXHBIT 2
&( -&(!#)& ' ( @#6%%("(- #</-# %#E('( -.
>-/ 0&"-/#! .#9441("! #9"" 0 !D(1( *
>
H( ! "(!1#H-!/(D(1( *+
/ # %#2-3-1 4'- #4-&#,G0!&-#H +
N
)&-?9441("! ( #)!& ("(4! ( +
E-3-&!@( @#)&(3! -Q#, ! -
<
! .#H-.-&!1#>-/ 0&"-/+
6N - .-.#9%% &.!D(1( *+
8(/ &("#)&-/-&3! ( +
>(@= # %#H(&/ #>-%0/!1+
H0 .( @#>-G0-/ #9' 0 +
6%%("(- #</-# %#E('( -.#>-/ 0&"-/#
! .#9441("! #9"" 0 !D(1( *#7 !1+
?<
) ( #9.R0/ '- +
7 !1#9441("! #,-1%?," &-+7 !1#9441("! #,-1%?," &-+
! !
$ - # #>-G0-/ #) ( /#% &#$ -'/# #$ "10.-.#( # =-#9441("! S/#,-1%?," &-$ - # #>-G0-/ #) ( /#% &#$ -'/# #$ "10.-.#( # =-#9441("! S/#,-1%?," &-
>-!.( -//# #)& "--.+
!5$'(1&
T 3-& '- #,044 & +T 3-& '- #,044 & +
F!5$'(1& F!5$'(1&
O0! (%(!D1-# ''0 ( *#)!& ("(4! ( +O0! (%(!D1-# ''0 ( *#)!& ("(4! ( +
?!5$'(1&?!5$'(1&
,044 & #%& '#, ! -#>-4&-/- ! (3-+,044 & #%& '#, ! -#>-4&-/- ! (3-+
>!5$'(1&>!5$'(1&
$ 40 #%& '# ''0 ( *#K&@! (M! ( /+$ 40 #%& '# ''0 ( *#K&@! (M! ( /+?!5$'(1&?!5$'(1&
"-& -.#>-3( !1(M! ( #)1! +
!5$'(1&
61(@(D1-# #/" &-#! #1-!/ #U#4 ( /
0 .-&#K44 & 0 ( *#$ .-NB+
9 !"='- /#! .# -& (%("! ( /
,( -# & 1#2 "0'- ! ( +
E'R+!8/(1$(!3!C'1/!-$(1.$6U50:
- /0/#7&!" #F!4+
E'R+!8/(1$(!-*!G+5U50:
5-(@=D &= .#>(/I#H!" &/+
K =-&#)-& ( - #$ % &'! ( +
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
Developer Bios
Linda S. Brown is the President/Partner of Casa Linda Development Corporation (CLDC) a Texas
certified historically underutilized business (HUB) founded in 2001 and based in Dallas, Texas. Her 27
years of public/private sector experience includes strategic planning, affordable housing development,
brownfield redevelopment, special taxing districts such as TIF’s and PID’s as well as public/private
incentives for the attraction and retention of commercial investment and job creation/retention, and
contract negotiation and governmental agreements. Prior to starting CLDC, Ms. Brown served as the
Director of the City of Dallas Economic Development Department overseeing business development,
area redevelopment, and building inspection including plan review. Prior to joining the City of Dallas,
Ms. Brown served as Director of Marketing for the McAllen Economic Development Corporation.
Ms. Brown’s professional government and private sector experience directly influenced the creation of
over 17,000 jobs, $2.8 billion of corporate investment and the development of 742 affordable housing
tax credit units. Her affordable housing experience includes direct involvement in the preparation and
submission of the tax credit application(s), predevelopment, construction and operation phases of the
communities. Ms. Brown graduated from the University of Texas, Austin in 1982 with a Bachelor of
Science degree. She is the former President of the Greater Dallas Planning Council and former President
of the Hispanic 100. She has served on several Dallas non-profit boards.
Ms. Brown is a graduate of the University of Texas in Austin with a Bachelor of Science degree.
Sara Reidy is the Executive Vice President/Partner of Casa Linda Development Corporation. Ms.
Reidy joined CLDC in 2010 bringing fifteen years of affordable housing finance experience to the
company. Prior to joining CLDC, Ms. Reidy served as Executive Vice President of Development Finance
for Cascade Affordable Housing and its predecessor companies since 1998. Ms. Reidy’s experience
includes the financing structure of 60 properties representing over 12,000 units with over $1 billion in
debt and equity financing. She successfully took all properties from construction loan closing to
permanent loan conversion and the issuance of 8609’s. Prior to her promotion, Ms. Reidy served as
Controller where she was responsible for the Accounting of numerous companies as well as all operating
properties. Ms. Reidy’s in-depth knowledge of financial institution lending, HUD lending, tax credit
financing and attention to detail and accountability has earned her an excellent professional reputation
from lenders, syndicators, auditors, attorneys, and the Texas Department of Housing and Community
Development (TDHCA).
Ms. Reidy is a graduate of Loyola University in New Orleans with a B.B.A. in Finance and Management
Ms. Brown and Ms. Reidy have received TDHCA Certification of Developer Experience in the
housing tax credit program. Ms. Reidy also received a Housing Development Finance Professional
Certification from the National Development Council in April 2005.
Since launching a specialization in the development of multifamily and senior affordable housing in
2011, CLDC has developed and/or co-developed 568 units with an additional 136 units under
construction.
EXHBIT 2
Casa Linda Development Corporation,
founded in 2001, is a Texas based company
specializing in developing quality affordable
multifamily and senior housing communities.
Owners Sara Reidy and Linda Brown have
nearly 50 years of combined in-depth
economic development and affordable
housing finance/development expertise.
Because of this broad and proven- track-
record experience, Casa Linda communities
are places that residents are proud to call
home.
Casa Linda selects sites with the needs of
residents in mind. We strive to find
locations that provide the greatest number
of amenities and services for our residents.
Casa Linda works closely with the
development team to design/build a
quality product that is financially sound for
the investors and governmental partners.
Casa Linda has developed in Urban and
Rural areas in Texas. Casa Linda is
considered one of the best development
teams in the State.
Casa Linda communities are located
throughout Texas. We work with local
governmental officials and neighborhoods to
create win-win outcomes for the community.
"The El Sereno groundbreaking event was
almost textbook in how all of the appropriate
local and state officials, as well as the local
congressman's office, were present and
spoke so glowingly of how hard the
development team worked to secure their
trust and support. Clearly the community is
behind this effort 100% and is welcoming the
development with open arms."--Michael
Lyttle, TDHCA Chief of External Affairs
Dallas, Texas 75208
Phone: 214-941-0089; Fax:888-811-2360; Email: sreidy@cldctx.com
EXHBIT 2
The Texas Comptroller of Public Accounts (CPA) administers the Statewide Historically Underutilized Business (HUB)
Program for the State of Texas, which includes certifying minority, woman, and service disabled veteran-owned businesses
as HUBs and facilitates the use of HUBs in state procurement and provides them with information on the state's procurement
process.
We are pleased to inform you that your application for certification/re-certification as a HUB has been approved. Your
company's profile is listed in the State of Texas HUB Directory and may be viewed online at
https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp. Provided that your company continues to meet HUB eligibility
requirements, the attached HUB certificate is valid for the time period specified.
requirements, including changes in ownership, day-to-day management, control and/or principal place of business. Note: Any
-
Please visit our website at http://comptroller.texas.gov/procurement/prog/hub/ and reference our publications (i.e. Grow Your
Business pamphlet, HUB Brochure and Vendor Guide) providing addition information on state procurement resources that
Thank you for your participation in the HUB Program! If you have any questions, you may contact a HUB Program
representative at 512-463-5872 or toll-free in Texas at 1-888-863-5881.
Texas Historically Underutilized Business (HUB) Certificate
1752925206000
Certificate/VID Number:
86717
File/Vendor Number:
11-FEB-2016
Approval Date:
11-FEB-2020
Scheduled Expiration Date:
The Texas Comptroller of Public Accounts (CPA), hereby certifies that
CASA LINDA DEVELOPMENT CORPORATION
has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB)
Program to be recognized as a HUB. This certificate printed 11-JUL-2018, supersedes any registration and certificate
previously issued by the HUB Program. If there are any changes regarding the information (i.e., business structure,
ownership, day-to-
application for registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the HUB
Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB
certification may be suspended or revoked upon findings of ineligibility.
Laura Cagle-Hinojosa, Statewide HUB Program Manager
Statewide Support Services Division
Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award
payment under the Certificate/VID Number identified above. Agencies, universities and p
certification prior to issuing a notice of award by accessing the Internet (https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp) or by contacting
the HUB Program at 512-463-5872 or toll-free in Texas at 1-888-863-5881.
2¤µȁ ΏΕȝΐΕ
DevelopmentConsultant
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
EXHBIT 2
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-265,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing
theCityManager,orhisdesignee,toexecuteacontractthroughtheBuyBoardCooperativePurchasing
NetworkContractNumber571-18fortheacquisitionone(1)PierceEnforcerHeavyRescueLightandAir
Truck;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(File6995-awardedto
Siddons-Martin Emergency Group, LLC, in the amount of $702,960.51)
City of DentonPage 1 of 1Printed on 2/8/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: February 12, 2019
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager, or his designee, to execute a contract through the Buy Board Cooperative
Purchasing Network Contract Number 571-18 for the acquisition one (1) Pierce Enforcer Heavy Rescue
Light and Air Truck; providing for the expenditure of funds therefor; and providing an effective date (File
6995 awarded to Siddons-Martin Emergency Group, LLC, in the amount of $702,960.51)
INFORMATION /BACKGROUND
The acquisition of the new Pierce Fire Apparatus is the result of coordinated efforts between Fleet Services
and the Fire Department to ensure vehicles and equipment are replaced in a timely manner. This ensures
the safe and efficient response capability of the Denton Fire Department.
The City of Denton Fire Department has standardized fire apparatus to Pierce manufacturing to create
efficiencies with service, maintenance, and part supplies available through the local vendor, Siddons
Martin Emergency Group, LLC. Siddons-Martin Emergency Group, LLC, is the only authorized Pierce
dealer in the state of Texas.
The new Pierce Enforcer Heavy Rescue Light and Air Truck will replace trucks FD9323 and FD0690.
FD9323 was placed in service in July 1993, accumulating nearly 9,400 hours of front line service as an
ambulance before being modified for use as an air truck in 2003 and removed from service in 2016. This
unit will be auctioned. FD0690 was placed in service in January 2007 and has accumulated over 7,000
hours of service. This truck is used to tow an equipment supply trailer when responding to emergencies.
The manufacturer anticipates delivery to occur within 11-12 months from the order date. By submitting a
down payment of $322,576.93 for the Pierce Velocity Pumper chassis, the City of Denton will receive a
prepay discount of $9,677. The balance of the truck purchase price of $370,706.58 will be due upon receipt.
Pricing obtained through the Buy Board Cooperative Purchasing Network has been competitively bid and
meets the statutory requirements of Texas Local Government Code 271.102.
RECOMMENDATION
Award a contract with Siddons-Martin Emergency Group, LLC, for the purchase of one (1) Pierce Enforcer
Heavy Rescue Light and Air Truck in the amount of $702,960.51, with a down payment of $322,576.93.
PRINCIPAL PLACE OF BUSINESS
Siddons-Martin Emergency Group, LLC
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
The delivery of the (1) Pierce Enforcer Heavy Rescue Light and Air Truck will occur within 330-365
days of purchase order issuance and receipt of down payment.
FISCAL INFORMATION
These items will be funded from account 810435408.1355.30100 using Certificate of Obligation Bonds for
Fiscal Year 2018-2019 vehicle and equipment replacements. Requisition #141337 has been entered into the
Purchasing software system in the amount of $696,706.47. The budgeted amount for this item is $702,961.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Quote
Exhibit 3: Ordinance
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Terry Kader at 940-349-8729
Legal point of contact: Mack Reinwand at 940-349-8333.
Siddons Martin Emergency Group, LLC
3500 Shelby Lane
Denton, Texas 76207
GDN P115891
TXDOT MVD No. A115890
EIN 27-4333590
December 20, 2018
CITY OF DENTON
Fire Chief Kenneth Hedges
215 E. MCKINNEY STREET
DENTON, TX 76201-4299
Proposal for PIERCE ENFORCER Heavy Rescue Light & Air
Siddons-Martin Emergency Group, LLC is pleased to provide the following proposal to CITY OF DENTON .
Unit will comply with all specifications attached and made a part of this proposal. Total price includes delivery
to CITY OF DENTON and training on operation and use of the apparatus.
Description Amount
$711,137.51
1) Pierce-Custom Rescue, Unit price - $704,848.47
Price guaranteed to Feb 1,2019. Delivery within 11-12 months of order
Feb28,2019
date. A warranty term of 12 months is included.
Vehicle Price $704,848.47
$711,137.51
PierceEnforcercustomchassis,newtiltstylecab.Theseatingcapacity
Chassis Prepay ($9,642.00)
-$9677.00
isfive(5).ThechassiswillbepoweredbyaDetroitDiesel13Lengine
Discount
Aerial Prepay Discount $0.00
ratedat470hpwithanAllison5thgenerationmodelEVS4000Pauto
transmission.A21.5ftAluminumrescuebodywith4aircylindersratedat
Est. Full Prepay ($19,934.00)
6000psi,2cylinderquickfillairsystemwithbooster,rescuetoolsmounting
Discount
traysandshelfs.LEDlighttowerandareascenelights.
$701,460.51
Sub Total $675,272.47
*Contract Amount $1,500.00
Final Sales Price
$676,772.47
$702,960.51
Contract571-18
Additional. {{{*Buyboard Coop Purchasing Contract; $321,428 chassis
$322,576.93
Prepay due net 30 ARO. }}}
Taxes. Tax is not included in this proposal. In the event that the purchasing organization is not exempt from sales
tax or any other applicable taxes and/or the proposed apparatus does not qualify for exempt status, it is the duty
of the purchasing organization to pay any and all taxes due. Balance of sale price is due upon acceptance of the
apparatus at the factory.
Late Fee. A late fee of .033% of the sale price will be charged per day for overdue payments beginning ten (10)
days after the payment is due for the first 30 days. The late fee increases to .044% per day until the payment is
received. In the event a prepayment is received after the due date, the discount will be reduced by the same
percentages above increasing the cost of the apparatus.
Cancellation. In the event this proposal is accepted, and a purchase order is issued then cancelled or terminated
by Customer before completion, Siddons-Martin Emergency Group may charge a cancellation fee. The following
charge schedule based on costs incurred may be applied:
(A) 10% of the Purchase Price after order is accepted and entered by Manufacturer;
Proposal for HDR ENFORCER ALT Page Њ of Ћ ağǤ ЌЉͲ ЋЉЊБ
(B)20%ofthePurchasePriceaftercompletionoftheapprovaldrawings;
(C)30%ofthePurchasePriceuponanymaterialrequisitionby Manufacturer.
The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering
and into manufacturing. Siddons-Martin Emergency Group endeavors to mitigate any such costs through the
sale of such product to anotherpurchaser;however,thecustomershallremainliableforthedifferencebetween
thepurchasepriceand,ifapplicable, the sale price obtained by Siddons-Martin Emergency Group upon sale of
the product to another purchaser, plus any costs incurredbySiddons-MartinEmergency Grouptoconductsuch
sale.
Acceptance. In an effort to ensure the above stated terms and conditions are understood and adhered to,
Siddons-Martin Emergency Group, LLC requires an authorized individual from the purchasing organization sign
and date this proposal and include it with any purchase order. Upon signing of this proposal, the terms and
conditions stated herein will be considered binding and accepted by the Customer. The terms and acceptance of
this proposal will be governed by the laws of the state of TX. No additional terms or conditionswill be binding
upon Siddons-Martin Emergency Group, LLC unless agreed to in writing and signed by a duly authorized officer
of Siddons-Martin Emergency Group, LLC
Sincerely,
Russell Mabra
Siddons-Martin Emergency Group, LLC
I,,theauthorizedrepresentativeof CITY OF DENTON,agreetoall of the
termsofthisproposalandthespecificationsattachedhereto and this proposal will be binding upon CITY
OF DENTON.
Signature & Date
Proposal for HDR ENFORCER ALT Page Ћ of Ћ ağǤ ЌЉͲ ЋЉЊБ
12/9/2018
Proposal Option List
Customer:DENTON FIRE DEPARTMENTBid Number: 853
RepresentativeMabra, RussellJob Number:
Organization:Siddons-Martin Emergency GroupNumber of Units:1
Requirements Manager: Bid Date:10-01-2018
Description:2.0 . 5 ENFORCER 21.5 HDR LT AIR DENTONStock Number:
Body:HDR, Non-Walk-In, AluminumPrice Level:37 (Current: 37)
Chassis:Enforcer Chassis
LineOptionTypeOption DescriptionQty
10766614Boiler Plates, Heavy Duty Rescue1
Fire Department/Customer - DENTON TX
Operating/In conjunction W-Service Center - Operating
Miles - 50 Miles
Number of Fire Dept/Municipalities - 5
Bidder/Sales Organization - Siddons Martin
Delivery - Delivery representative
Dealership/Sales Organization, Service - Siddons Martin
20661794Single Source Compliance1
30584456Manufacture Location, Appleton, Wisconsin1
40584452RFP Location: Appleton, Wisconsin1
50588609Vehicle Destination, US1
60610784Comply NFPA 1901 Changes Effective Jan 1, 2016, With Exceptions1
70533352Special Services (Rescue) Fire Apparatus1
80588614Vehicle Certification, Rescue1
90681285Agency, Apparatus Certification, Rescue, U.L.1
100535579Not Required, Unit of Measure, (no pump, no tank)1
110030006Bid Bond Not Requested1
120540326Performance Bond, Not Requested1
130000007Approval Drawing1
140002928Electrical Diagrams1
150649754Enforcer Chassis1
160000110Wheelbase1
Wheelbase - 222.00
170000070GVW Rating1
GVW rating - 46,500
180649713Frame Rails, 10.25" x 3.50" x .375", Saber FR/Enf1
190648354Frame Liner, Internal "C", 9.38" x 3.13" x .25", Saber FR/Enf, 26" Qval1
200629940Axle, Front, Oshkosh TAK-4, Non Drive, 22,800 lb, Enforcer1
210010427Suspension, Front TAK-4, 22,800 lb, Qtm/AXT/Imp/Vel/DCF/Enf1
220087572Shock Absorbers, KONI, TAK-4, Qtm/AXT/Imp/Vel/DCF/Enf1
230000322Oil Seals, Front Axle1
240594821Tires, Front, Goodyear, G296 MSA, 425/65R22.50, 20 ply1
250019611Wheels, Front, Alcoa, 22.50" x 12.25", Aluminum, Hub Pilot1
260640711Axle, Rear, Dana S26-190, 27,000 lb Saber/Enforcer1
270544253Top Speed of Vehicle, 68 MPH1
280565380Suspen, Rear, Single Slipper Spring, 27,000 lb, Saber/Enforcer1
290000500Shock Absorbers on Rear Axle1
300000485Oil Seals, Rear Axle1
310587216Tires, Rear, Goodyear, G622 RSD, 12R22.50, 16 ply, Single1
320019625Wheels, Rear, Alcoa, 22.50" x 8.25", Aluminum, Hub Pilot, Single1
330568081Tire Balancing, Counteract Beads1
340620570Tire Pressure Monitoring, RealWheels, AirSecure, Valve Cap, Single Axle1
Qty, Tire Pressure Ind - 6
350003245Axle Hub Covers w/center hole, S/S, Front Axle1
360001960Axle Hub Covers, Rear, S/S, High Hat (Pair)1
370057936Covers, Lug Nut, Chrome1
380002045Mud Flaps, w/logo front & rear1
390544802Chocks, Wheel, SAC-44-E, Folding1
Qty, Pair - 01
853
Bid #:
12/9/2018 7:56 PMPage 1
LineOptionTypeOption DescriptionQty
400544806Mounting Brackets, Chocks, SAC-44-E, Folding, Horizontal1
Qty, Pair - 01
Location, Wheel Chocks - Left Side Rear Tire, Rearward
410010670ABS Wabco Brake System, Single rear axle1
420030185Brakes, Knorr/Bendix 17", Disc, Front, TAK-41
430627930Brakes, Bendix, Cam, Rear, 16.50 x 8.63"1
440058463Air Compressor, Brake, Bendix 15.8 CFM1
450644232Brake Reservoirs, 4,272 Cubic Inch Minimum Capacity, Saber FR/Enforcer1
460644228Air Dryer, Wabco System Saver 1200 IWT, Heated, Saber FR/Enforcer1
470000790Brake Lines, Nylon1
480000854Air Inlet, w/Disconnect Coupling1
Location, Air Coupling(s) - a) DS Step Well, Forward
Qty, Air Coupling (s) - 1
490000845Air Tank, Additional for Extra Capacity1
500615609Fittings, Compression Type, Entire Apparatus, Single Rear Axle1
510610885Engine, DDC DD13, 470 hp, 1650 lb-ft, W/OBD, EPA 2016, Enforcer1
520001244High Idle w/Electronic Engine, Custom1
530590300Engine Brake, Jacobs Compression Brake, DD131
Switch, Engine Brake - f) DD13
540644227Clutch, Fan, Air Actuated, Saber FR/Enforcer1
550640477Air Intake, Metal Screen, Saber FR/Enforcer1
560565965Exhaust System, 5", 2010 DD13, ISX engine, Horizontal, Right Side1
570788765Radiator, Saber FR/Enforcer1
580001090Cooling Hoses, Rubber1
590001125Fuel Tank, 65 Gallon, Left Side Fill1
600001129Lines, Fuel1
610595087DEF Tank, 4.5 Gallon, DS Fill, Forward of Rear Axle1
Door, Material & Finish, DEF Tank - Polished Stainless
620552793Not Required, Fuel Priming Pump1
630552567Shutoff Valve, Fuel Line @ Fuel Tank1
640553019Cooler, Engine Fuel, Imp/Vel, AXT/Qtm/Sab/DCF/SFR/Enf1
650642582Trans, Allison 5th Gen, 4000 EVS P, w/Prognostics, Imp/Vel/DCF/SFR/Enf1
660625331Transmission, Shifter, 6-Spd, Push Button, 4000 EVS1
670684459Transmission Oil Cooler, Modine, External1
680001375Driveline, Spicer 18101
690669988Steering, Sheppard M110 w/Tilt, TAK-4, Eaton Pump, w/Cooler1
700509229Steering Wheel, 2 Spoke1
710690274Logo/Emblem, on Dash1
Text, Row (1) One - DENTON
Text, Row (2) Two - FIRE
Text, Row (3) Three - RESCUE
720695359Bumper, 26" Extended, Steel, Painted, Saber FR/Enforcer1
730614646No Lift & Tow Package, Imp/Vel, AXT, SFR/Enf1
740002270Tow Hooks, Chrome1
750067702Receiver, Portable Winch, At Front Bumper, 10K Pull, w/Power1
760613272Cover, 8.5" Raised Alum Treadplate, 3/4 Width Cover,ButterflyLatch,Q2B Clearance1
770054952Flap, Vinyl Protective, Front Bumper/Hose Tray1
Color, Vinyl Cover - a) red
Location - FRONT OF TRAY
Qty, Hose Tray Covers - 1
780614933Lights, Pierce LED, (1) 12" Strip Light, Front Bumper Cover2
Qty, - 02
790678962Coating, Top Flange, Front Bumper, Outside Exterior, Line-X Coating, Red1
800696212Equipment Tray w/Full Width Cover, 2 Hyd Reels, Hyd Tools in Center, Rubber Latc1
Fill in Blank - /
Stay arm, Tray Cover - b) Pneumatic Stay Arm
810648332Cab, Enforcer, 70101
820647918Engine Tunnel, DD13, Enforcer1
830633594Rear Wall, Interior, Adjustable Seating1
840632103Rear Wall, Exterior, Cab, Saber FR/Enforcer1
Material, Exterior Rear Wall - Aluminum Treadplate
850644201Cab Lift, Elec/Hyd, Saber FR/Enforcer1
853
Bid #:
12/9/2018 7:56 PMPage 2
LineOptionTypeOption DescriptionQty
860695930Grille, Bright Finished, Front of Cab, Dash CF/Enforcer1
870647932Not Required, Trim, S/S Band, Across Cab Face, AXT/Dash CF/Saber/Enforcer1
880015440No Chrome Molding, On side of cab1
890052410Mirrors, Ramco, 6001FFHR-750HR, Htd/Rmt, w/Bolt-on Htd/Rmt Convex, Cab 1
Mount
900022186Riser, Ramco Mirror, 4.00", Pair1
910648172Door, Full Height, Saber FR/Enforcer 4-Door Cab, Raised Roof1
Key Model, Cab Doors - 751
920655543Door Panel, Brushed Stainless Steel, Saber/Enforcer 4-Door Cab1
930528958Not Required, Controls, Electric Window, AXT, Quantum, Saber, Enforcer, Dash CF1
940638310Steps, 4-Door Cab, Saber FR/Enforcer1
Step Well Material - Aluminum Treadplate
950770194Handrail, Exterior, Knurled, Alum, 4-Door Cab1
960634786Lights, Cab and Crew Cab Access Steps, P25, LED w/Bezel, 1Lt Per Step 6lts1
970583698Fenders, S/S on cab, Extra Wide, Saber/Enf1
980627907Window, Side of C/C, Fixed, w/EMS Cabinet, Saber FR/Enforcer1
990012090Not Required, Windows, Front/Side of raised roof1
1000779033Not Required, Windows Rear of Crew Cab, Saber FR/Enforcer1
1010097671Enclosure Around Light Tower on Cab Roof, Painted, Angled Front1
1020607217Mounting Provisions, 3/16" Alum, Full Engine Tunnel, Saber FR/Enforcer1
Mounting Provision Spacing - .75"
Material Finish, Cab Interior - Painted
1030797212Cab Interior, Vinyl Headliner, Saber FR/Enforcer, CARE1
Color, Cab Interior Vinyl/Fabric - a) Silver/Gray
Engine Tunnel Cover - Painted
Cab Interior Rear Wall Material - Painted Aluminum
1040012430Cab Interior, paint color1
Color, Cab Interior Paint - i) fire smoke gray
1050052100Floor, Rubber Padded, Cab & Crew Cab, Saber/Enforcer1
1060644195Heater/Defroster, Saber FR/Enforcer1
1070644194Air Conditioning, Saber FR/Enforcer1
1080639675Sun Visor, Smoked Lexan, AXT, Dash CF, Imp/Vel, Saber FR/Enforcer1
Sun Visor Retention - Polished S/S Bracket
1090634328Grab Handles, Driver and Officer Door Posts, Saber FR/Enforcer1
1100583938Lights, Engine Compt, Custom, Auto Sw, Wln 3SC0CDCR, 3" LED, Trim1
Qty, - 01
1110631830Fluid Check Access, Saber FR/Enforcer, Arrow XT1
1120583039Not Required, Side Roll and Frontal Impact Protection1
1130622618Seating Capacity, 5 Seats1
1140636957Seat, Driver, Pierce PSV, Air Ride, High Back, Saber FR/Enforcer1
1150636946Seat, Officer, Pierce PSV, Fixed, SCBA, Saber FR/Enforcer1
1160620420Radio Compartment, Below Non-Air Ride Seat, Saber FR/Enforcer1
1170102788Not Required, Seat, Rear Facing C/C, DS Outboard1
1180102783Not Required, Seat, Rr Facing C/C, Center1
1190767385Cabinet, Rear Facing, RS, 22 W x 34 H x 26.75 D, Web, SFR/Enf1
Type of fastener - 1" cam buckle
Restraint Location - Top (towards roof of truck)
Light, Short Cabinet - Pierce, Interior, Left Side
Material Finish, Shelf - Brushed
Shelf/Tray, Cabinet - (1) Shelf, Adjustable, 0.75" Up-Turned Lip
Louvers, Cabinet - 0-No Louvers
12006276531
1210632657Seat, Forward Facing C/C, Center, (1) Pierce PSV, SCBA, Saber FR/Enforcer1
12206276521
1230566653Upholstery, Seats In Cab, Turnout Tuff1
Color, Cab Interior Vinyl/Fabric - c) Black
1240543991Bracket, Air Bottle, Hands-Free II, Cab Seats4
Qty, - 04
1250603866Seat Belt, Dual Retractor, ReadyReach, Saber FR/Enforcer1
Seat Belt Color - Red
1260602464Helmet Storage, Provided by Fire Department, NFPA 20161
853
Bid #:
12/9/2018 7:56 PMPage 3
LineOptionTypeOption DescriptionQty
1270647647Lights, Dome, FRP Dual LED 4 Lts1
Color, Dome Lt - Red & White
Color, Dome Lt Bzl - Black
Control, Dome Lt White - Door Switches and Lens Switch
Control, Dome Lt Color - Lens Switch
1280602618Portable Hand Lt,Provided by Fire Dept,Special Services,NFPA 2016 Classification1
1290622803Cab Instruments, Black Gauges, Black Bezels, Enforcer MUX1
Emergency Switching - Individual Switches
1300509511Air Restriction Indicator, Imp/Vel, AXT, Dash CF, Enf MUX1
1310543751Light, Do Not Move Apparatus1
Alarm, Do Not Move Truck - Pulsing Alarm
1320509042Messages, Open Door/Do Not Move Truck, MUX w/Color Display1
1330622798Switching, Cab Instrument Lower Console & Overhead, Rocker MUX, Enforcer1
1340644179Wiper Control, 2-Speed with Intermittent, Saber FR/Enforcer1
1350548004Wiring, Spare, 15 A 12V DC 1st2
Qty, - 02
12vdc power from - Battery direct
Wire termination - Butt Splice
Location, Spare Wiring - Officer Dash
1360548009Wiring, Spare, 20 A 12V DC 1st1
Qty, - 01
12vdc power from - Battery direct
Wire termination - Butt Splice
Location, Spare Wiring - Engine Tunnel - Rear
1370615386Vehicle Information Center, 7" Color Display, Touchscreen, MUX1
System Of Measurement - US Customary
1380606247Vehicle Data Recorder w/CZ Display Seat Belt Monitor1
1390505836Antenna Mount, Custom Chassis, Maxrad BMATM, Location Feature1
Location - CAB ROOF - FWD
Qty, - 01
Location, Antenna Cable - instrument panel
1400653526Camera, Pierce, Driver Mux, Rear Camera Only1
Camera System Audio - Speaker Near Drivers Knee (VEL/IMP/Dash CF
ONLY)
1410523921Recess, Rear Vision Camera1
Location, Camera, Recessed - Center Rear
1420615112Pierce Command Zone, Advanced Electronics & Control System, Enforcer, WiFi1
1430624253Electrical System, Enforcer MUX1
1440079166Batteries, (4) Exide Grp 31, 950 CCA ea, Threaded Stud1
1450008621Battery System, Single Start, All Custom Chassis1
1460002698Battery Compartment, Saber/Enforcer1
1470531307Charger, Sngl Sys, Dual Bank, Dual Pro Charger 30Amp1
1480662220Location, Charger, Cab Behind Driver Seat, Dash CF/Saber FR/Enf1
1490536099Location, Bat Chrg Ind, Driver's Step Area1
1500507624Shoreline, 30A 120V, Kussmaul Auto Eject, 091-159-30-120, Super1
Qty, - 01
Color, Kussmaul Cover - b) red
Connection, Shoreline - 110V Shoreline Recepticles + Battery Charger
1510026800Shoreline Location1
Location, Shoreline(s) - DS Cab Side
1520783395Transfer Switch, Generator to Shoreline 30 Amp and Under1
1530647729Alternator, 320 amp, Delco Remy 40SI1
1540092582Load Manager/Sequencer, MUX1
Enable/Disable Hi-Idle - e)High Idle enable
1550783153Headlights, Rect LED, JW Spkr Evo 2, AXT/DCF/Enf/Imp/Sab/Vel1
Color, Headlight Bez - Chrome Bezel
1560775055Light, Directional, Wln C6T* LED Arrow, Common Bzl, Above Headlts, Sab/Enf1
Color, Lens, LED's - Clear
1570620054Light, Directional/Marker, Intermediate, Weldon 9186-8580-29 LED 2lts1
1580647802Lights, Clearance/Marker/ID, Front, P25 LED 5 Lts, Saber FR/Enforcer1
1590647899Lights, Directional/Marker, Cab Front Side, Weldon 9186-8580-29 LED, Sab/Enf1
1600627282Lights, Clearance/Marker/ID, Rear, FRP LED Bar & P25 LED 4Lts1
853
Bid #:
12/9/2018 7:56 PMPage 4
LineOptionTypeOption DescriptionQty
1610551870Lights, Tail, Wln M6BTT* Red LED Stop/Tail & M6T* Amber LED Dir w/Flange1
Color, Lens - Clear
1620561471Lights, Backup, Wln M6BUW, LED, For Tail Lt Housing1
1630652058Bracket, License Plate & Light, Cast Products LP0002 w/LED Lts1
1640556842Bezels, Wln, (2) M6 Chrome Pierce, For mtg (4) Wln M6 lights1
1650589905Alarm, Back-up Warning, PRECO 10401
1660769420Lights, Perimeter Cab, Amdor AY-LB-12HW020 LED 4Dr1
Z location -
1670616293Not Required, Lights Perimeter Pump House, No Pump1
1680770056Lights, Perimeter Body, Amdor AY-LB-12HW020 LED 2lts, Rear Step1
Control, Perimeter Lts - Parking Brake Applied
1690769567Lights, Perimeter, Amdor AY-LB-12HW012 LED, Brkt1
Qty, Lights - 01
Location, Additional Perimeter Lights - Under Front Bumper, 1lt
1700608996Lights, Step, P25 LED, HDR-NWI, Rear & Rec Walkway, Rr Sw1
1710640991Light, Wln, 12V PCPSM2* Pioneer LED Fld/Spt, Surface Mnt 1st2
Location, Lights - LEFT SIDE OF HATCH COMPT - ONE FWD ONE
REAR
Qty, - 02
Switch, Lt Control 1 DC,1 - a) DS Switch Panel
Switch, Lt Control 2 DC,2 - g) PS Switch Panel
Switch, Lt Control 3 DC,3 - d) No Control
Switch, Lt Control 4 DC,4 - d) No Control
Color, Wln Lt Housing - Chrome Flange
1720640941Light, Wln, 12V PCPSM2* Pioneer LED Fld/Spt, Surface Mnt 2nd2
Location, Lights - RIGHT SIDE OF HATCH COMPT - ONE FWD ONE
REAR
Qty, - 02
Switch, Lt Control 1 DC,1 - a) DS Switch Panel
Switch, Lt Control 2 DC,2 - g) PS Switch Panel
Switch, Lt Control 3 DC,3 - d) No Control
Switch, Lt Control 4 DC,4 - d) No Control
Color, Wln Lt Housing - Chrome Flange
1730776357Light, Visor, Wln, 12V P*H2* Pioneer, Cnt Feature, 1st2
Qty, - 02
Location, driver's/passenger's/center - Centered
Color, Wln Lt Housing - White Paint
Control, Scene Lts - Cab Sw Panel DS and Cab Sw Panel PS
Scene Light Optics - Flood/Spot
1740004961Not Required, Work Lights, Alt. Rear Lights, HDR/Encore, No Hose Bed1
1750645677Lights, Not Required, Rear Work, Alt. 12 Volt Lights At Rear Body1
1760645637Lights, Rear Scene, Wln, PELCC LED, 45 Deg Flange2
Location, Lights - ONE EA SIDE ON REAR BODY SURFACE - JUST
ABOVE REAR SST LIGHTS
Qty, - 02
Control, Rear Scene Lts - Park Brake
1770795742Not Required, Walking Surface, Alt. Walking Surface Lights, HDR1
1780019030HDR, Non-Walk-In, Aluminum1
179002077321.5' Body Length, 60.60.57.60, NWI1
1800656685100" Body Width, NWI1
181001837498" Body Height, NWI1
1820799070NWI, Hatch, Transv Hatch, Recessed Walkway1
Size, Transverse Hatch - 32.00"
Configuration of Hatch Compartments - 1.) Two Each Side
1830594265Doors, Amdor, Roll-up, Side Compartments8
Qty, Door Accessory - 08
Color, Roll-up Door - AMDOR Painted to Match Lower Body
Latch, Roll-up Door - Non-Locking Liftbar
184004174321.5' Body Roll Doors, 60.60.57.60, NWI1
1850010539Left Forward Compt, 60" & 60", Roll, NWI1
1860018724Left Over Wheel Compt, 57", Roll, NWI1
1870018752Left Rear Compt, 60" Roll, NWI1
1880013059Right Forward Compt, 60" & 60", Roll, NWI1
853
Bid #:
12/9/2018 7:56 PMPage 5
LineOptionTypeOption DescriptionQty
1890018816Right Over Wheel Compt, 57" Roll, NWI1
1900018844Right Rear Compartment, 60" Roll, NWI1
1910775018Rear Compt, Double Lap Door, Single Axle1
1920549094MODIFICATION, Rear Lap Door, Raised 3.00" FF1
1930503432Audio/Video Network Not Provided1
1940090566Hitch, Receiver, Rear/Sides, Through Body, Includes Ball1
Connection, Trailer/12V Electrical - Trailer Electric Brakes
1950021401Stairway, Retractable, Recessed Walkway, Aluminum1
1960531599Scuffplate, Aluminum Treadplate, Behind Tripod Light Heads2
Location - REAR BULKHEADS
Qty, - 02
1970629341Rope Anchors, Pair, 9,000 lb Rating2
Qty, Pair - 02
Location, Rope Anchors, First Pair - Side Sheet, Upper Rear Corner
Location, Rope Anchors, Second Pair - Side Sheet, Upper Front Corners
Location, Rope Anchors, Third Pair - Not Required
1980667345Compt, Under Body, 8" H, Up to 48" W, RS, HDR, Custom1
Location - FWD of rear wheels
Qty, - 01
1990687767Compt, Under Body, 8" H, Up to 60" W, LS, HDR, Custom2
Location - FWD of rear wheels
Qty, - 02
2000667346Compt, Under Body, 8" H, Up to 60" W, RS, HDR, Custom1
Location - FWD of rear wheels
Qty, - 01
2010541051Rack, Stokes/Stretcher Basket, Horizontal Trough(s)1
Location - D4 P4 CEILING
Dimensions - 24 x 72 x 10
Restraint, Equipment Rack - LS, RS Straps
Qty, Stokes Troughs - 1
2020540959Rack, Plywood/Fin Form Vertical Storage1
Location - R1 - Left side
Dimensions - 2 x 10 at top is 10'
plywood is 4 x 8 ft
Restraint, Equipment Rack - Treadplate Door
Qty, Plywood Storage - 4
2030650973Rack, SCBA Bottles, 7.00" x 7.00", Additional24
Location - D2
Qty, - 24
Configuration - 8 wide x 3 high
2040045114Bumper, Rear Non-Walk-In 8.00" D1
2050793822Not Required, Water Tank, Rescue1
2060023410Not Required, Overflow1
2070028107Not Required, Foam Cell Modification1
2080013534Not Required, Running Boards1
2090690026Wall, Rear, Body Material1
2100003540Tow Eyes (2) (Tanker/Rescue)1
2110074012Scuffplate, Brushed S/S, Inside Each Compt Door2
Qty, Door Accessory - 02
Location, Door Accessory - REAR LAP DOORS
2120689547Lights, Compt, Pierce LED, Dual Light Strips, Each Side of Door, HDR9
Qty, - 09
2130606068Lights, Hatch Compt, Pierce LED Strip Lights, HDR1
2140652247Shelf, Adjustable, 500 lb Capacity, Standard Depth, HDR4
Qty, Shelf - 04
Location, Shelf - R1
2150652281Tray, 500 lb Slide-Out, 2" Sides - Adj. Height, Standard Depth Compt, HDR2
Location - P1
Qty, Tray (slide-out) - 02
2160652264Tray, 500 lb, Slide-out, 2-Way, Utility, Adj Height, 3" Sides, Full Trans, HDR3
Location - D3/P3 ONE
D4 P4 TWO
853
Bid #:
12/9/2018 7:56 PMPage 6
LineOptionTypeOption DescriptionQty
216
Qty, Tray (slide-out) - 03
2170652262Tray, 200 lb, Tilt/Slide-out, 30 Deg, Adj, 1/2 Trans, HDR7
Location - TBD
Qty, Tray (slide-out) - 07
2180648483Toolboard, Alum, Adj, Added to 1/2 Transverse Slide-Out Tray2
Finish - DA Finish
location - D3 P3 ON TRAY
Qty - 2
2190648488Toolboard, Swing-out, Alum, .188", Peg Board, HDR2
Finish - DA Finish
location - RS 2
Qty - 2
Location, Pivot - Front
Mounting, Toolboard - Adjustable Frt-back
2200528086Floor, Removable Above Cascade Bottles, Hatch Compt2
Location - EA SIDE HATCH
Qty, - 02
2210004016Rub Rail, Aluminum Extruded, Side of Body1
2220004024Fender Crowns, Rear, S/S1
2230519849Not Required, Hose, Hard Suction1
2240044229No Extension Ladder Req'd1
2250074231No Roof Ladder Req'd1
2260074248Not Required, Folding Ladder1
2270540739Not Required, Rack, Equipment Storage, Rear Compt1
2280044067Step, HDR Pull-Out Rear1
Location, driver's/passenger's/center - Center
2290796159Not Required, Pump, Rescue1
2300012216No Seal/Packing Required1
2310012690Not Required, Trans, Pump1
2320669703Not Required, Pumping Mode1
2330024484Not Required, Pump Shift1
2340046295Transmission Lock-up, Not Req'd, NO PUMP1
2350046296Not Required, Auxiliary Cooling System, NO PUMP1
2360046283Not Required, Transfer Valve, NO PUMP1
2370024513Not Required, Intake Relief Valve1
2380046403No Relief Valve Req'd, No Pump1
2390012336No Pump Primer Req'd1
2400012816Not Required, Pump Manuals1
2410090789Not Required, Plumbing, No Pump1
2420046371Not Required, No Plumbing or Foam System1
2430796254No Main Inlet Required, Rescue No Pump1
2440584002Not Required, Cap, Main Pump Inlet, No Side Inlet Caps Required, No Pump1
2450089389No Valves, (No Pump)1
2460055600Not Required, Auxiliary Inlet, Left Side1
2470029147Not Required, Inlet, Right Side1
2480074685Not Required, Inlet Installation1
2490064700Not Required, Inlet Control1
2500681723No Bleeder Valve, No Pump1
2510681730Not Required, Tank to Pump, No Pump1
2520074900Not Required, Tank Fill1
2530551181Not Required, Outlet, Left Side, Rescue1
2540092570Not Required, Outlets, Left Side Additional1
2550021143Not Required, Outlet, Right Side1
2560092571Not Required, Outlets, Right Side Additional1
2570545326Not Required, Outlet, Large Diameter, No Pump1
2580092572Not Required, Outlet, Front1
2590092575Not Required, Outlet, Rear1
2600092574Not Required, Outlet, Rear, Additional1
2610551179Not Required, Discharge Caps1
2620089391Valve, Bleeder - None Req'd, (No Pump)1
2630055095Not Required, Elbow, Left Side Outlets, 2.50"1
853
Bid #:
12/9/2018 7:56 PMPage 7
LineOptionTypeOption DescriptionQty
2640021134Not Required, Elbow, Right Side Outlets1
2650089584Not Required, Elbow, Right Side Outlets, Additional1
2660045099Not Required, Elbow, Rear Outlets1
2670007308Not Required, Elbow, Large Diameter Outlet1
2680089394Not Required, Outlet Control, No Pump1
2690029106Not Required, Deluge Outlet1
2700029302No Monitor Requested1
2710029304No Nozzle Req'd1
2720029107No Deluge Mount1
2730519936Not Required, 1.50" Crosslays, Rescue1
2740029260Not Required, Speedlays1
2750500535Not Required, Hose Restraint, Crosslay/Speedlay1
2760046372Not Required, Foam System, Pump, or Plumbing1
2770012126Not Required, CAF Compressor1
2780552517Not Required, Refill, Foam Tank1
2790042573Not Required, Foam System Demonstration1
2800045465Not Required, Foam Tanks1
2810091110Not Required, Foam Tank Drain1
2820091079Not Required, Foam Tank #21
2830091112Not Required, Foam Tank #2 Drain1
2840518339Not Required, Pump House, Rescue1
2850000261Not Required, Pump Panel Layout1
2860030701Not Required, Material, Pump Panels, No Panel1
2870046495Not Required, Pump Access, No Pump1
2880092531Not Required, Pump House Structure1
2890002624Not Required, No Chassis Engine Gauges @ Pump Panel1
2900046400Throttle, Engine Not Req'd, No Pump / Skid Pump1
2910046378Not Required, Gauges, Vac/Pressure, No Pump1
2920046375Not Required, Gauges, No Pump1
2930035650Not Required, Water Level Gauge1
2940006774Not Required, Foam Level Gauge1
2950046280Not Required, Light Shield, No Pump1
2960606696Air Horns, (2) Grover, Stutter Tone, In Bumper1
2970606833Location, Air Horns, Bumper, Each Side, Inside Frame (Pos #3 & #5)1
2980016065Control, Air Horn, Horn Ring, PS Chrome Push Button1
2990547475Siren, Wln 295HFSA7 200W, Dual Tone, Flush Mount1
3000510206Location, Elect Siren, Recessed Overhead In Console1
Location, Elec Siren - Overhead, DS Inside Sw Pnl
3010076156Control, Elec Siren, Head Only1
3020601304Speaker, (2) Wln, SA315P, w/Pierce Polished Stainless Steel Grille, 100 watt1
Connection, Speaker - siren head
3030601554Location, Speaker, Frt Bumper, Recessed, Left Side, Outside Frame,Both (Pos 6/7)1
3040016080Siren, Federal Q2B1
3050006095Siren, Mechanical, Mounted Above Deckplate1
Location, Siren, Mech - a) Left
3060026163Control, Mech Siren, DS & PS Foot Sw1
3070607632Lightbar, Wln, Freedom IV-Q, 81", RRRRWRRROptRRRWRRRR1
Opticom Priority - b) High
Opticom Activation - Cab Switch & E-Master
Momentary Opticom Activation - No Activation
Filter, Whl Freedom Ltbrs - No Filters
3080016380No Additional Lights Req'd, Side Zone Upper1
3090552524Lights, Front Zone, Wln M6# LED, Split, Clear Lens, In Common Bzl1
Color, Lt DS Frnt Out Spl - a) Red and White
Color, Lt PS Frnt Out Spl - b) Red and Blue
3100653937Flasher, Headlight Alternating1
Headlt flash deactivation - a)w/high beam
3110795711Lights, Side Zone Lower, Wln M6*C LED, Clear Lens, 3pr, Ovr 25, Rescue1
Location, Lights Front Side - b)each side bumper
Color, Lt Side Front - Red
Color, Lt Side Middle - Red
853
Bid #:
12/9/2018 7:56 PMPage 8
LineOptionTypeOption DescriptionQty
311
Color, Lt Side Rear - Red
Location, Lights Mid Side - Rearward of Crew Cab Doors
Location, Lights Rear Side - Over Rear Wheels
3120680983Lights, Door Interior Flash, 4 Dr Cab, Weldon 8401-0000-20 LED Strip Light Ovr W1
3130679341Lights, Side, Wln M6*C LED, Clear Lens4
Location, Lights - One Pair on forward hatch EA side
One Pair on side of cab behind crew door EA side
Qty, - 04
Color, Lights, Warning - gla) red
3140670079Lights, Side, Wln WIONSMC* LED, Chrome Flange, 1st4
Location, Lights - RubRail - 2 ea side - D1 D3 P1 P3
Qty, - 04
Color, Lights, Warning - gla) red
Control, Light - b) side warning
3150540783Lights, Rear Zone Lower, Wln M6*C LED, Clear Lens1
Color, Lt DS Rear - r) DS Rear Lt Red
Color, Lt PS Rear - r) PS Rear Lt Red
3160553468Lights, Rear, Wln M6* LED, Split Color, Clear Lens2
Location - ONE EA SIDE ON REAR BULKHEAD - HIGH - OVER
TRIPOD LIGHTS
Qty, - 02
Control, Light - f) emerg master
Color, Lt Rear Splt - g) DS Blue/Amber and PS Red/Amber
3170541152Lights, Rear/Side Up Zone, Wln M6*C LED, Clear Lens 4lts1
Color, Lt, Side Rear Upper DS - Side Rear Upper Red
Color, Lt, Side Rear Upper PS - Side Rear Upper Red
Color, Lt, Rear Upper DS - r) DS Rear Upper Red
Color, Lt, Rear Upper PS - r) PS Upper Rear Red
3180006551Not Required, Lights, Rear Upper Zone Blocking1
3190006646Electrical System, 120/240VAC, General Design1
3200537176Generator, Lima 40kW Continuous, 120/240Vac, 60Hz, 3 Phase, PTO1
3210016645Location, PTO Generator, Between the Frame Rails1
3220016752Starting Sw, Truck Engine Powered Gen, Cab Sw Pnl1
3230016757Not Required, Remote Start, Generator1
3240016740Not Required, Fuel System1
3250016767Not Required, Oil Drain Extension, Generator1
3260016771Not Required, Routing Exhaust, Generator1
3270036738Circuit Breaker Panel, Included With PTO Generator1
Location, Circuit Breaker Panel - RS2, Back Wall Low
3280652963Light, Wln P*P2AP1 LED, Ground Tripod 1st1
Location, 120/240 Volt Lt - DS REAR BULKHEAD
Qty, - 01
Color, Wln Lt Housing - Red #106 Paint
Lighthead, Wln AC - PCP2AP1, Spot Flood
Receptacle and Plug AC - 20 Amp, 120 Volt Twist Lock Recpt & Plug
3290652960Light, Wln P*P2AP1 LED, Ground Tripod 2nd1
Location, 120/240 Volt Lt - PS REAR BULKHEAD
Qty, - 01
Color, Wln Lt Housing - Red #106 Paint
Lighthead, Wln AC - PCP2AP1, Spot Flood
Receptacle and Plug AC - 20 Amp, 120 Volt Twist Lock Recpt & Plug
3300771067SPLight Twr, CL KL415D-W2, 12 Volt DC LED, Cld 4lts1
Back Light or Strobe Light - Amber Strobe Light
Color, Tower, CL - Gray with Black Lts
3310629874Location, Light Tower, Cab Roof, Saber FR/Enforcer1
3320664794Controller, Light Tower, Command Light, Wired Handheld1
3330664791Location, Light Tower Controller, Driver's Side Front Body Compartment1
3340526994Reel, Elect Cable, Akron, (4) Wire2
Qty, Cord Reels - 2
Reel Guide - a) Nylatron guide
Finish, Reel - Powder Coated Silver
Location, Electric Cord Reel - D1, High & Right, 1 Reel and P1, High &
Right, 1 Reel
853
Bid #:
12/9/2018 7:56 PMPage 9
LineOptionTypeOption DescriptionQty
3350086632Cord, Electric, 10/4 Yellow, 4 Wire1
Lengths of Elect Cord - 1
Feet of Yellow Cord - h)400
Connection, Cord - No Connection
3360780392Receptacle Strip, 15A 120V 7-Place 90 Deg, FEL99089, Protect Metal Housing, Int1
Qty, - 1
Location 1 - TBD
AC Power Source - Gen to Shoreline Transfer Switch
3370779718Receptacle, 15/20A 120V 3-Pr 3-Wr, NEMA 5-20R SB Dup, 2nd, Interior Body2
Qty, - 02
Location 1 - TBD
AC Power Source - Gen to Shoreline Transfer Switch
Cover, Receptacle - Interior SS Wall plate
3380779722Receptacle, 15/20A 120V 3-Pr 3-Wr, NEMA 5-20R SB Dup, 1st, Interior Body1
Qty, - 01
Location 1 - TBD
AC Power Source - Gen to Shoreline Transfer Switch
Cover, Receptacle - Interior SS Wall plate
3390779704Receptacle Strip, 20A 120V 6-Place 36", PlugTrak PT203112P Interior Body1
Qty, - 01
Location 1 - TBD
AC Power Source - Gen to Shoreline Transfer Switch
3400510697Breathing Air Cascade Sys. (4) 6000 UN, Storage Cyl.1
Location, Cascade Bottles - FORWARD IN BODY TRANSVERSE
HATCH COMPT.
3410016855Breathing Air System General Design1
3420501818Demonstration, Breathing Air System, at Factory1
3430510694Air Control Panel, Eagle, Custom, Breathing Air System1
Location - D1 forward
Qty, Storage Banks - c) Eagle 4 Bank
Config, ACP Regulator - a) 1-HP
Config, ACP Booster - b) electric operated pump
Config, Compressor - b) with
3440090430Fill Encl, 2 Bottle,"SpaceSaver"Model 100A,13" Wide, RSP1
Location - D1 forward
Qty, - 01
3450763709Booster Pump, Breathing Air, 240 Volt, 6000 psi1
Location - D1 - High over fill station on shelf
Booster Pump, Start/Stop - Auto Start
Booster Pump, Remote Operation - With Remote Operation
3460006891Reel, Chassis Air, Lo Press, Tools, w/150' Hose1
Location - HATCH LS 1 FORWARD
Qty, Reel - 1
Reel Guide - a) Nylatron guide
Finish, Reel - Painted Gray
3470519547Brand, Hydraulic Tool System, TNT1
3480758064SPPower Supply, TNT, ET-2.0, 110/220 V, Simo, 10,500 PSI1
Qty, - 01
Location, Power Unit - TRANSVERSE HATCH, FWD
3490652363Hose, Hydra., TNT, 12'-20', Twin Line, Connection2
Qty, - 02
Color, Hydraulic Hose 1 - f) red/red
Color, Hydraulic Hose 2 - g) blue/blue
Color, Hydraulic Hose 3 - n) no hose required
Location - FROM POWER UNIT IN FORWARD HATCH TO FRONT
BUMPER, PS REELS
Color, Hydraulic Hose 4 - n) no hose required
Color, Hydraulic Hose 5 - n) no hose required
Color, Hydraulic Hose 6 - n) no hose required
3500648273Reel, Dual, Hyd, CMW 6011, w/o Hose, Frt Bumper1
Qty, Reel - 1
Brand, Model, Age of Tool - TNT 5-6 yr old tools
Reel Guide - c) No guide required
Location - PASSENGER SIDE OF FRONT BUMPER RECESSED
853
Bid #:
12/9/2018 7:56 PMPage 10
LineOptionTypeOption DescriptionQty
3510596037Switch, Hydraulic Power Supply, 240V Receptacle1
Location - FRONT BUMPER EXT. NEAR REELS
Qty, - 01
3520507314Valve, Shut-off, RV-120, Hydraulic System, Compatible with TNT2
Location - FRONT BUMPER EXT. PS
Qty, - 02
3530007150Bag of Nuts and Bolts1
Qty, Bag Nuts and Bolts - 1
3540602524NFPA Required Loose Equipment, Special Services, NFPA 2016,Provided by Fire 1
Dept
3550796255Not Required, Soft Suction, Rescue No Pump1
3560602533Extinguisher, Dry Chemical, Special Services, NFPA 2016, Provided by Fire Dept1
3570602351Extinguisher, 2.5 Gal. Press Water, Special Service, NFPA 2016,Prov by Fire Dept1
3580559695Paint, Two Tone, Cab and Body, w/Special Shield, Custom Cab, Vel/Imp1
Location - High
Paint, Color - RED 90
Paint Color, Upper Area - WHITE 10
3590646901Paint Chassis Frame Assy, With Liner, E-Coat, Standard1
Paint Color, Frame Assembly, Predefined - Standard Black
3600693797No Paint Required, Aluminum Front Wheels1
3610693792No Paint Required, Aluminum Rear Wheels1
3620007234Compartment, Unpainted, D/A Finished1
3630544099Reflective Band, 8"1
Color, Reflect Band - A - a) white
3640007356Reflective across Cab Face1
3650536955Stripe, Chevron, Rear, Diamond Grade, Rescue1
Color, Rear Chevron DG - fluorescent yellow green
3660017359Stripe, Black Outline, Vinyl on Reflective Band1
Qty, - 01
3670671876Stripe, Diamond Grade Chevron, Slide Out Tray, Front and Sides6
Location - ALL PULL OUT TRAYS
Color, Reflect Band - A - p) fluorescent yellow green diamond grade
Qty, - 06
3680670035Stripe, Diamond Grade Chevron, Toolboard4
Location - ALL 3 TOOLBOARDS
Color, Reflect Band - A - p) fluorescent yellow green diamond grade
Qty, - 04
3690065687Stripe, Reflective, Cab Doors Interior1
Color, Reflective - a) white
3700680372Stripe, Gold Leaf, Cab Sides, IPO Chrome Molding1
3710027372Lettering Specifications, (GOLD STAR Process)1
3720686428Lettering, Gold Leaf, 3.00", (41-60)1
Outline, Lettering - Outline and Shade
3730685978Lettering, Reflective, 18.00", Each2
Qty, Lettering - 02
Outline, Lettering - Outline and Shade
3740686010Lettering, Reflective, 6.00", (21-40)1
Outline, Lettering - Outline and Shade
3750686215Lettering, Gold Leaf, 8.00", Each2
Qty, Lettering - 02
Outline, Lettering - Outline and Shade
3760686002Lettering, Reflective, 8.00", Each2
Qty, Lettering - 02
Outline, Lettering - Outline and Shade
3770685991Lettering, Reflective, 10.00", (21-40)1
Outline, Lettering - Outline and Shade
3780769755Emblem, Texas Flag Painted on Cab Grille, All Custom Chassis1
3790772003Manual, Fire Apparatus Parts, USB Flash Drive, Custom1
Qty, - 01
3800772037Manual, Chassis Service, USB Flash Drive, Custom1
Qty, - 01
3810773381Manual, Chassis Operation, One (1) USB Flash Drive, Custom1
3820030008Warranty, Basic, 1 Year, Apparatus, WA00081
853
Bid #:
12/9/2018 7:56 PMPage 11
LineOptionTypeOption DescriptionQty
3830696696Warranty, Engine, Detroit DD13, 5 Year, WA01801
3840684953Warranty, Steering Gear, Sheppard M110, 3 Year WA02011
3850596017Warranty, Frame, 50 Year, Custom Chassis, WA00131
3860595698Warranty, Axle, 3 Year, TAK-4, WA00501
3870610485Warranty, Axle, Eaton/Dana, 5 Year/100,000 Mile, Parts and Labor1
3880652758Warranty, ABS Brake System, 3 Year, Meritor Wabco, WA02321
3890019914Warranty, Structure, 10 Year, Custom Cab, WA00121
3900595813Warranty, Paint, 10 Year, Cab, Pro-Rate, WA00551
3910524627Warranty, Electronics, 5 Year, MUX, WA00141
3920695416Warranty, Pierce Camera System, WA01881
3930647720Warranty, Pierce LED Strip Lights, WA02031
3940046369Warranty, 5-year EVS Transmission, Standard Custom, WA01871
3950685945Warranty, Transmission Cooler, WA02161
3960033401Not Required, Tank Warranty1
3970596024Warranty, Structure, 15 Year, HDR, WA00101
3980693126Warranty, AMDOR, Roll-up Door, 10 Year/5 Year Painted, WA01851
3990012599Warranty, Pump, Not Required1
4000046370Not Required, Warranty, No Plumbing1
4010641372Warranty, Foam System, Not Available1
4020595820Warranty, Paint, 10 Year, Body, Pro-Rate, WA00571
4030595421Warranty, Goldstar, 3 Year, Apparatus, WA00181
4040683627Certification, Vehicle Stability, CD01561
4050610839Certification, Engine Installation, Enforcer, Detroit DD13, 2016, CD01461
4060686786Certification, Power Steering, CD00981
4070631980Certification, Cab Integrity, Saber FR/Enforcer, CD01301
4080631973Certification, Cab Door Durability, Saber FR/Enforcer, CD01371
4090631978Certification, Windshield Wiper Durability, Saber FR/Enforcer, CD01321
4100556828Certification, Electric Window, Not Available1
4110631977Certification, Seat Belt Anchors and Mounting, Saber FR/Enforcer, CD01341
4120631976Certification, Cab Heater and Defroster, Saber FR/Enforcer, CD01311
4130631971Certification, Cab Air Conditioning Performance, Saber FR/Enforcer, CD01351
4140545073Amp Draw Report, NFPA Current Edition1
4150002758Amp Draw, NFPA/ULC Radio Allowance1
4160799248Appleton/Florida BTO1
4170000031HDR BODY1
4180000012PIERCE CHASSIS1
4190562778DD13 ENGINE1
4200046396EVS 4000 Series TRANSMISSION1
4210020037NO PUMP1
4220020013NO WATER TANK1
4230028047NO FOAM SYSTEM1
4240046282Not Required, Control Panel, No Pump1
4250020007AKRON VALVES1
4260020015ABS SYSTEM1
4270658751Manufacturing Attribute1
853
Bid #:
12/9/2018 7:56 PMPage 12
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-287,Version:1
AGENDA CAPTION
Consider approval of a resolution of the City of Denton, Texas in support of proposed amendments to Chapter
460 of the Texas Transportation Code related to governance of Denton County Transportation Authority
(DCTA); supporting legislation adopting said amendments; authorizing the Mayor, City Manager and the City
Manager’s designee to represent and communicate the City’s position; and authorizing the Mayor and City
Manager to sign all letters, petitions, and/or other documents on behalf of the City to promote the City’s
position.
City of DentonPage 1 of 1Printed on 2/8/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Public Affairs / IGR
CM/ DCM/ ACM: Bryan Langley, Deputy City Manager
DATE: February 12, 2019
SUBJECT
Consider approval of a resolution of the City of Denton, Texas in support of proposed amendments to
Chapter 460 of the Texas Transportation Code related to governance of Denton County Transportation
Authority (DCTA); supporting legislation adopting said amendments; authorizing the Mayor, City Manager
Mayor and City Manager to sign all letters, petitions, and/or other documents on behalf of the City to
BACKGROUND
On Nov. 5, 2018, City Council had a work session presentation and discussion on a draft legislative program
th
for the City of Denton for the 86 Texas Legislature. During the discussion, Mayor Watts introduced an
item to work with DCTA and the cities of Lewisville and Highland Village, the two other member cities of
DCTA, to introduce legislation to seek changing the board membership to be more representative of the
member cities financially contributing to DCTA. The Denton City Council supported this item and
legislation to change the composition, powers, and responsibilities of
the Board of Directors for the Denton County Transportation A
Over the last few weeks, Denton County, the cities, and DCTA have worked together to draft legislation.
On Thursday, Jan. 24, 2019, the DCTA Board approved draft legislation (please see attached in Exhibit 2)
that would change the composition of the Board. The legislation proposes the following board
appointments:
One member, appointed by the governing body of each municipality which has authorized the
3 municipalities: Denton, Lewisville, and Highland
Village); and
Two members, appointed by the commissioners court.
A resolution has been drafted for consideration by the Denton City Council to support the proposed
legislation. DCTA intends to file the legislation soon, as the last day to file for the 2019 legislative session
is March 8, 2019.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council adopted th
responsibilities of the Board of Directors for the Denton County Transportation A
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Resolution and Proposed Legislation
Respectfully submitted:
Sarah Kuechler
Director of Public Affairs
Reviewed by Legal:
Mack Reinwand
Deputy City Attorney
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-297,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing
theCityManagertoexecuteacontractthroughtheDepartmentofInformationResources(DIR)Cooperative
PurchasingNetworkContractNumberDIR-TSO-3965withJohnstonTechnicalServices,Inc.,fortheMotorola
radiotowermodifications;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(File
6983 - awarded to Johnston Technical Services, Inc., in the not-to-exceed amount of $65,012.80).
City of DentonPage 1 of 1Printed on 2/8/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: February 12, 2019
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a contract through the Department of Information Resources (DIR)
Cooperative Purchasing Network Contract Number DIR-TSO-3965 with Johnston Technical Services, Inc.,
for the Motorola radio tower modifications; providing for the expenditure of funds therefor; and providing
an effective date (File 6983 - awarded to Johnston Technical Services, Inc., in the not-to-exceed amount of
$65,012.80).
BACKGROUND
The City of Denton is currently upgrading the legacy analog public safety radio system with a new P25
digital radio system from Motorola. As part of the upgrade, the replacement of line-of-sight (LOS) antenna
systems and supporting infrastructure at two antenna tower sites (McKenna Park and the Denton County
EOC tower on Teasley Road) will be required to provide reliable connectivity for the radio network.
To ensure minimal disruption to public safety, the existing analog antennas will be left in place in an
operational state while the new digital LOS radio antennas are installed on both towers. Once the new digital
antennas have been installed and tested, radio network traffic will be moved to the new antennas after which
the existing analog antennas will be deactivated and removed.
Due to the weight increase on both LOS antenna towers, Technology Services contracted with Malouf
Engineering to perform a rigorous structural analysis to evaluate the impact of increased loads on both
antenna towers. Based on the analysis, it was determined that the EOC tower on Teasley Road would require
structural strengthening modifications before the new digital LOS antennas and supporting equipment can
be installed.
Technology Services contacted Johnston Technical Services, Inc. (JTS), Trico Tower Service, and Larson
Associates requesting pricing for tower modifications. JTS was the only vendor that provided a quote for
tower modifications and associated services provided. The other two vendors did not provide a bid due to
the scope of work requiring tower modifications and service.
Pricing obtained through the Department of Information Resources (DIR) Cooperative Purchasing Network
has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102.
RECOMMENDATION
Award a contract with Johnston Technical Services, Inc., for the Motorola radio tower modifications, in the
not-to-exceed amount of $65,012.80.
PRINCIPAL PLACE OF BUSINESS
Johnston Technical Services, Inc.
Dallas, Texas
ESTIMATED SCHEDULE OF PROJECT
JTS will provide an exact timeline upon PO approval. Due to the galvanizing process of the steel
components, delivery can take anywhere from a few weeks up to months based on the size of the order.
Once the steel components have been delivered to JTS, installation should only take two to three weeks.
FISCAL INFORMATION
These services will be funded from Technology Services job cost account 840088744.1355.30100.
Requisition # 141002 has been entered into the Purchasing software system in the amount of $65,012.80.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Melissa Kraft at 940-349-7823.
Legal point of contact: Mack Reinwand at 940-349-8333.
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-314,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,TexasamendingtheFiscalYear2018-19Budgetand
AnnualProgramofServicesoftheCityofDentontoallowforincreasestotheRoadwayImpactFeeFundof
$4,250,000forthepurposeoffundingroadwayimprovements;declaringamunicipalpurpose;providinga
severability clause; providing an open meetings clause; and providing for an effective date.
City of DentonPage 1 of 1Printed on 2/8/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Finance
DCM: Bryan Langley
DATE: February 12, 2019
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas amending the Fiscal Year 2018-19 Budget
and Annual Program of Services of the City of Denton to allow for increases to the Roadway Impact Fee
Fund of $4,250,000 for the purpose of funding roadway improvements; declaring a municipal purpose;
providing a severability clause; providing an open meetings clause; and providing for an effective date.
BACKGROUND
8-19 Budget as follows:
Increase the Roadway Impact Fee Fund by $4,250,000 for road improvements.
Impacts fees are eligible to fund capacity enhancing projects detailed in the impact fee study. This
appropriation will fund the following projects:
Hickory Creek Road (FM2181 - River Pass): This is a current capital project. Approximately $1,800,000
in previously identified General Obligation funding would be offset by impact fees with this appropriation.
Mayhill Road: This is a current capital project. Approximately $1,100,000 in previously identified funding
would be offset by impact fees.
Jim Christal Road (Scripture - I-35): This is a pending project. The amendment would appropriate $450,000
in impact fee reserves toward project costs.
Sherman Road (Loop 288 - City Limits): This is a pending project. The amendment would appropriate
$900,000 in impact fee reserves toward project costs.
In total, this appropriation will fund $4,250,000 in eligible project costs. Using impact fees to offset
previously identified funding sources will make funds available for anticipated projects. Specifically, the
use of impact fees for the Hickory Creek (FM2181 - River Pass) project will free up General Obligation
debt funding. Those GO funds, approximately $1,800,000, could then be reallocated to the Hickory Creek
Realignment project for partial funding of the HDR contract, if approved by Council. Recommendations
regarding the use of GO funds would be presented to the Bond Oversight Committee.
Following the amendment, remaining fund balance in the Impact Fee Reserve Fund will be approximately
$400,000.
RECOMMENDATION
Staff recommends adoption of the ordinance.
FISCAL INFORMATION
This ordinance will amend the FY 2018-19 Budget and Annual Program of Services to allow for an increase
to the Roadway Impact Fee Fund by $4,250,000 increasing appropriations from $0 to $4,250,000.
EXHIBITS
1. Agenda Information Sheet
2. Ordinance
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Chief Financial Officer
Prepared by:
Nancy Towle
Budget Manager
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-325,Version:1
AGENDA CAPTION
Consider adoption of an ordinance authorizing the settlement of litigation styled City of Denton, Texas v.
Tommy R. Holamon and Sharlet Y. Holamon, Cause No. PR-2018-00005, currently pending in the Probate
Court of Denton County, Texas, regarding the acquisition of fee and easement interests required for the Bonnie
Brae Widening and Improvements project and the Hickory Creek Sanitary Sewer Interceptor - Phase II project
in the total settlement amount of One Hundred Fifty Thousand Dollars and No Cents ($150,000.00);
authorizing the City Manager and City Attorney to effectuate the settlement; authorizing the expenditure of
funds therefor; providing a savings clause; and providing an effective date.
City of DentonPage 1 of 1Printed on 2/8/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Capital Projects
CM/ DCM/ ACM: Mario Canizares
DATE: February 12, 2019
SUBJECT
Consider adoption of an ordinance authorizing the settlement of litigation styled City of Denton, Texas v.
Tommy R. Holamon and Sharlet Y. Holamon, Cause No. PR-2018-00005, currently pending in the Probate
Court of Denton County, Texas, regarding the acquisition of fee and easement interests required for the
Bonnie Brae Widening and Improvements project and the Hickory Creek Sanitary Sewer Interceptor
Phase II project in the total settlement amount of One Hundred Fifty Thousand Dollars and No Cents
($150,000.00); authorizing the City Manager and City Attorney to effectuate the settlement; authorizing the
expenditure of funds therefor; providing a savings clause; and providing an effective date.
BACKGROUND
This is a pending condemnation lawsuit for property interests related to the Bonnie Brae Widening and
Improvements project and the Hickory Creek Sanitary Sewer Interceptor Phase II project. The affected
15.184 property tract, owned by Tommy R. Holamon and Sharlet Y. Holamon, is located in the 3400 block
of South Bonnie Brae Street.
The City is seeking the following interests:
(i) 1.694 acre fee tract
(ii) 0.186 acre Access & Utility easement
(iii) 0.128 acre Sanitary Sewer easement
(iv) 0.191 acre Temporary Construction easement
00
to a total compensation amount of One Hundred Fifty Thousand Dollars ($150,000.), which is
incorporated into the Agreed Final Judgment attached to the Ordinance for consideration.
OPTIONS
1. Approve the ordinance
2. Decline to approve proposed ordinance
3. Table for future consideration
RECOMMENDATION
Staff recommends approval of the ordinance.
ESTIMATED SCHEDULE OF PROJECT
Road design documents targeted for completion and bid advertisement in November 2019. Anticipated
construction start March 2020 (2-year project).
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council closed session briefing: February 5, 2019.
Ordinance 2017-319 October 17, 2017 eminent domain authorization
FISCAL INFORMATION
The Bonnie Brae Widening & Improvements project Phase 3 is being funded with a combination of
Regional Toll Revenue (RTR) funds, Denton County Transportation Road Improvement Program (TRIP
of the fee and easement tracts being
sought are to be funded through a combination of these funding sources. The settlement purchase of the
tract(s) at hand, if approved, will be funded out of the Streets Capital Project Fund account established
for the Project: 350288402.
EXHIBITS
1 -Agenda Information Sheet
2 -Location map
3 -Site map
4-Ordinance
Respectfully submitted:
Todd Estes, P.E.
Director Capital Projects/City Engineer
Prepared by:
Paul Williamson
Capital Projects
EXHIBIT 2 attachment to AIS
Location Map
CITY OF DENTON
ROSELAWN DR
VINTAGE BLVD
15.184 Acres Holamon Property
µ
05001,0002,000
Feet
EXHIBIT 3 attachment to AIS
Holamon Site Map
CITY OF DENTON
Holamon
Property
ALL
Existing 20' Wide ALC
Fee Simple 1.694 Acre Tract
Purpose Utility Easement
Proposed 10' Wide 0.128 Acres
0.186 Acres
Sanitary Sewer Easement
Access and Utility Easement
µ
Proposed 15' Wide 0.191 Acres
04590180
Feet
Temp Construction Easement
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-334,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityCounciloftheCityofDenton,Texas,aTexashome-rule
municipalcorporation,authorizingtheCityManagertoexecuteanagreementwithSCMFireside,LLC,a
TexasLimitedLiabilityCompany,fortheCity’sparticipationintheoversizingofsewermainsfortheCityof
Denton;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(awardedtoSCM
Fireside, LLC in the not to exceed amount of $68,786).
City of DentonPage 1 of 1Printed on 2/8/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Utilities
CM/ DCM/ ACM: Mario Canizares
DATE: February 12, 2019
SUBJECT
Consider approval of an ordinance of the City Council of the City of Denton, Texas, a Texas home-rule
municipal corporation, authorizing the City Manager to execute an agreement with SCM Fireside, LLC, a
Texas Limited Liability Company, for the Crsizing of sewer mains for the
City of Denton; providing for the expenditure of funds therefor; and providing an effective date (awarded
to SCM Fireside, LLC in the not to exceed amount of $68,786).
BACKGROUND
SCM Fireside LLC (SCM) is the developer of the Fireside Addition Phase 1 project (Exhibit 2).
According to the Wastewater Master Plan, the sewer line from Hinkle Drive, through the proposed
development, up to Windsor Street needs to be 18-inch diameter to accommodate wastewater flows from
the off-site drainage area that will travel through the Fireside Addition Phase 1 project. As such, staff has
worked with SCM to oversize the 1,977 feet of sewer line to 18-inch diameter pipe (Exhibit 3).
sewer mains over ten
(10) inches which are required by the City for future system expansion and are not specifically required to
provide service to the pro
SCM presented the City with their tabulated calculation of the Oversize Participation Amount (Exhibit 4).
The unit prices that SCM used for this calculation were .
Staff has reviewed the cost tabulation and determined that 1) the quantities are correct, and 2) the unit
prices are not unreasonable, based on similar work on other recent projects. Thus, Staff takes no
exceptions to the oversize participation cost as prepared by SCM. Staff has prepared a corresponding
Sewer Main Cost Participation Agreement (Exhibit 5).
OPTIONS
1. Recommend approval of the Ordinance and Oversize Agreement
2. Recommend denial of the Ordinance and Oversize Agreement
RECOMMENDATION
Staff recommends approval of the Sewer Main Cost Participation Reimbursement Agreement as prepared
and submitted.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Public Utilities Board February 11, 2019
EXHIBITS
1. Agenda Information Sheet
2. Final Plat Fireside Addition, Phase I
3. Water & Sewer Plan
4. Oversized Sanitary Sewer System Difference table, received from SCM
5. Wastewater Main Cost Participation Agreement
6. Ordinance
Respectfully submitted:
P. S. Arora, P.E.
Director of Wastewater Utilities
TBPE FIRM #605
City of Denton - Denton County, Texas
Fax: 972.691.6628
Ph: 972. 691.6633
Highland Village, Texas 75077
2570 FM 407, Suite 209
CCM Engineering
TBPE FIRM #605
City of Denton - Denton County, Texas
Fax: 972.691.6628
Ph: 972. 691.6633
Highland Village, Texas 75077
2570 FM 407, Suite 209
CCM Engineering
TBPE FIRM #605TBPE FIRM #605
City of Denton - Denton County, TexasCity of Denton - Denton County, Texas
Fax: 972.691.6628Fax: 972.691.6628
Ph: 972. 691.6633Ph: 972. 691.6633
Highland Village, Texas 75077Highland Village, Texas 75077
2570 FM 407, Suite 2092570 FM 407, Suite 209
CCM EngineeringCCM Engineering
TBPE FIRM #605TBPE FIRM #605
City of Denton - Denton County, TexasCity of Denton - Denton County, Texas
Fax: 972.691.6628Fax: 972.691.6628
Ph: 972. 691.6633Ph: 972. 691.6633
Highland Village, Texas 75077Highland Village, Texas 75077
2570 FM 407, Suite 2092570 FM 407, Suite 209
CCM EngineeringCCM Engineering
TBPE FIRM #605
City of Denton - Denton County, Texas
Fax: 972.691.6628
Ph: 972. 691.6633
Highland Village, Texas 75077
2570 FM 407, Suite 209
CCM Engineering
TBPE FIRM #605
City of Denton - Denton County, Texas
Fax: 972.691.6628
Ph: 972. 691.6633
Highland Village, Texas 75077
2570 FM 407, Suite 209
CCM Engineering
TBPE FIRM #605
City of Denton - Denton County, Texas
Fax: 972.691.6628
Ph: 972. 691.6633
Highland Village, Texas 75077
2570 FM 407, Suite 209
CCM Engineering
EXHIBIT A
FIRESIDE ADDITION DENTON, TEXAS
DATE7/23/2018
ITEMQUANTITYUNITBID AMOUNTCOST
SANITARY SEWER (18")
18" Sanitary Sewer (ASTM F679 PVC)1977L.F.$50.67$100,174.59
5-FT DIAMETER MANHOLE11EA.$7,649.25$84,141.75
36" DIA., 0.5" THICK STEEL ENCASEMENT95L.F.$184.80$17,556.00
SUB-TOTAL SANITARY SEWER$201,872.34
$4,037.45
BONDS2.00%%$201,872.34
$7,065.53
ENGINEERING INSPECTION FEE3.50%%$201,872.34
TOTAL$212,975.32
SANITARY SEWER (10")
10" SANITARY SEWER1977L.F.$32.67$64,588.59
5-FT DIAMETER MANHOLE3EA.$7,649.25$22,947.75
4-FT DIAMETER MANHOLE8L.F.$4,541.25$36,330.00
20" DIA. 0.5" THICK STEEL ENCASEMENT95L.F.$134.80$12,806.00
SUB-TOTAL SANITARY SEWER$136,672.34
BONDS2.00%%$136,672.34$2,733.45
ENGINEERING INSPECTION FEE3.50%%$136,672.34$4,783.53
TOTAL$144,189.32
DIFFERENCE$68,786.00
Page 110:40 AM
EXHIBIT A
PAVING
8" REINF. CONC PAVEMENT3,230S.Y.$0.00$0.00
6" LIME STABILIZATION3490S.Y.$0.00$0.00
12" LIME STABILIZATION44S.Y.$0.00$0.00
LIME64TON$0.00$0.00
ASPHALT TRANS. PAVEMENT40S.Y.$0.00$0.00
TYPE 1A RAMP7EA.$0.00$0.00
8' CONCRETE SIDEWALK11640SF$0.00$0.00
5' CONCRETE SIDEWALK3770SF$0.00$0.00
CONNECT TO EX CONC PVMT31L.F.$0.00$0.00
CONN TO EX. ASPH. PAVEMENT20L.F.$0.00$0.00
REMOVE EX. ASPH. PAVEMENT2507SY$0.00$0.00
TRAFFIC CONTROL1L.S.$0.00$0.00
RELOCATE EX POWER POLE3EA.$0.00$0.00
SUB-TOTAL PAVING $0.00
STORM SEWER
18" R.C.P.12L.F.$0.00$0.00
36" R.C.P.700L.F.$0.00$0.00
10' CURB INLET2EA.$0.00$0.00
7'x7' "Y" INLET1EA.$0.00$0.00
DUAL 36" TYPE "B" HDWL1EA.$0.00$0.00
TRENCH SAFETY712L.F.$0.00$0.00
SUB-TOTAL STORM SEWER$0.00
GRAND TOTAL $201,872.34
Page 210:40 AM
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-351,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing
theCityManagertoexecuteaProfessionalServicesAgreementwithHDREngineering,Inc.,fortheHickory
CreekRoadRealignmentstreetimprovementprojectassetforthintheagreement;providingforthe
expenditureoffundstherefor;andprovidinganeffectivedate(RFQ6590-049-ProfessionalServices
Agreement for design services awarded to HDR Engineering, Inc., in the not-to-exceed amount of $3,342,509).
City of DentonPage 1 of 1Printed on 2/8/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: February 12, 2019
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a Professional Services Agreement with HDR Engineering, Inc.,
for the Hickory Creek Road Realignment street improvement project as set forth in the agreement; providing
for the expenditure of funds therefor; and providing an effective date (RFQ 6590-049 - Professional
Services Agreement for design services awarded to HDR Engineering, Inc., in the not-to-exceed amount of
$3,342,509).
INFORMATION /BACKGROUND
Hickory Creek Road extends from FM 2499 to IH 35W and is on the City’s mobility plan to provide east-
west connectivity in this area of the City from FM 2499 to US 377 and IH 35W. The section between FM
2499 and FM 2181 is currently under design for roadway widening. The section between FM 2181 to
Riverpass will begin construction in March 2019. The section between Riverpass and IH 35W is the subject
of this design contract. This section of Hickory Creek Road is approximately 4 miles in length and lies
within the jurisdiction of the City of Denton, Denton County, and TxDOT. There have been discussions
between the three entities about partnering opportunities to design and construct the improvements for this
section of the roadway. A feasibility study will be performed to determine the best alignment and street
section for the current and future traffic growth projections in this area. The limits between Riverpass and
FM 1830 will be carried through detailed design and advertised for construction as a part of this design
contract.
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 and
June 5, 2018 (Ordinance 2018-331).
HDR Engineering 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 Road Realignment street improvement
project. The proposed engineering contract for this project will be on an hourly basis with a not-to-exceed
amount of $3,342,509.
The scope of services will occur in concurrent paths with the following tasks being performed from
Riverpass to IH 35W:
Feasibility Study
Drainage Design (Hydrology and Hydraulics)
Schematic Design
Environmental Documentation
Public Involvement
Topographic Mapping and Design Surveys
Subsurface Utility Engineering (SUE)
Hickory Creek Travel Demand Model (TDM)
The following additional tasks will be performed from Riverpass to FM 1830:
Right-of-Way Mapping
Right-of-Way Acquisition
PS&E (Detail Design)
This will include the analysis of two options at the Kansas City Railroad (KCS) crossing, of which, one will
be selected to move forward and included in the detail design. 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 construction cost for this project is between $34,000,000 and $47,000,000. These numbers will
be verified as the design of the project progresses.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On March 6, 2018, and June 5, 2018, Council approved RFQ 6590 for a prequalified list of professional
engineering firms (Ordinance 2018-331).
RECOMMENDATION
Award a professional services contract with HDR Engineering, Inc., for design services associated with
the Hickory Creek Road Realignment street project, in a not-to-exceed amount of $3,342,590.
PRINCIPAL PLACE OF BUSINESS
HDR Engineering, Inc.
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
The consultant is prepared to begin the services associated with this Agreement immediately with the goal
of completing design from Riverpass to FM 1830 by Summer 2020.
FISCAL INFORMATION
These services will be funded from Capital Improvement Plan Engineering in the amount of $3,342,590.
Funding for these services is contingent pending action from the Bond Committee and Council approval
of the proposed budget amendment.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact:Todd Estes, P.E., at 940-349-8917.
Legal point of contact: Mack Reinwand at 940-349-8333.
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ
CźƌĻ bğƒĻ
tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ
/źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ
tźŭŭǤ .ğĭƉ hƦƷźƚƓ
/ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ
hƩķźƓğƓĭĻ
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
FILE 6590-049
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and HDR Engineering, Inc., a Nebraska corporation with its corporate office at
17111 Preston Road, Suite 300, Dallas, Texas 75248 and authorized to do business in
Texas, ("ENGINEER"), for a PROJECT generally described as: analysis and evaluation of
schematic, environmental, survey, right-of-way, sue, construction plans, and specifications
for Hickory Creek Road (the "PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees
to perform, professional engineering services set forth in the Scope of Services
attached hereto as Exhibit A. These services shall be performed in connection with
the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not
pay for any work performed by ENGINEER or its consultants, subcontractors and/or
suppliers that has not been ordered in advance and in writing. It is specifically
agreed that ENGINEER shall not be compensated for any additional work resulting
from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ENGINEER shall be compensated for all services provided pursuant to this
AGREEMENT in an amount not to exceed $3,342,509.00 in the manner and in
accordance with the fee schedule as set forth in Exhibit B. Payment shall be
considered full compensation for all labor, materials, supplies, and equipment
necessary to complete the services described in Exhibit A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to
completion as described in the PROJECT schedule as set forth in Exhibit C.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 1 of 17
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set
forth in Exhibit C to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of any
balance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving 7
days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
SECTION 4
Obligations of the Engineer
Amendments to Section 4, if any, are included in Exhibit D.
A. General
The ENGINEER will serve as the CITY's professional engineering representative under
this AGREEMENT, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 2 of 17
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
(1) with the professional skill and care ordinarily provided by competent engineers
practicing in the same or similar locality and under the same or similar
circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to be
performed hereunder. The ENGINEER shall also advise the CITY concerning
the results of same. Such surveys, tests, and investigations shall be furnished
by the CITY, unless otherwise specified in Exhibit A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observations, exploration,
and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by
CITY, which shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER or
its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the
AGREEMENT Documents and any health or safety precautions required by
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 3 of 17
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
such construction work. The ENGINEER and its personnel have no authority to
exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Exhibit A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the AGREEMENT
Documents, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site observation(s) of a
deviation from the AGREEMENT Documents, the ENGINEER shall inform the
CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with Exhibit A.
(2) In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the ENGINEER has no control over cost or
price of labor and materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance by
third parties; quality, type, management, or direction of operating personnel; and
other economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty
that the CITY's actual PROJECT costs, financial aspects, economic feasibility,
or schedules will not vary from the ENGINEER's opinions, analyses, projections,
or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's knowledge,
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 4 of 17
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
information, and belief from selective sampling and observation that the work has
progressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ENGINEER to ascertain that
the construction contractor has completed the work in exact accordance with the
AGREEMENT Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work, materials,
or equipment has passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and the
construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. The
ENGINEER is not responsible for any errors or omissions in the information from others
that is incorporated into the record drawings.
I. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this AGREEMENT.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advance
notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this section together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 5 of 17
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
J. INSURANCE
(1)
a. Commercial General Liability the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this AGREEMENT.
b. Business Auto the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
wned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this AGREEMENT or under any applicable auto
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 6 of 17
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
physical damage coverage.
c. W ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
umbrella insurance obtained by
ENGINEER pursuant to this AGREEMENT.
d. Professional Liability ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the AGREEMENT or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the AGREEMENT. An annual certificate of
insurance specifically referencing this PROJECT shall be submitted to
the CITY for each year following completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 7 of 17
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Denton, 901
Texas Street, Denton, Texas 76209.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shall
state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
l. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 8 of 17
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior
shall not apply.
L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledges that it will
make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed per
Exhibit C to this AGREEMENT.
P. Equal Opportunity
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 9 of 17
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
(1) Equal Employment Opportunity: agents
shall engage in any discriminatory employment practice. No person shall, 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 AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and
agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
Amendments to Section 5, if any, are included in Exhibit D.
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services. The CITY will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the
ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with
Exhibit C.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 10 of 17
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes or
becomes aware of any development that affects the scope or timing of the ENGINEER's
services or of any defect in the work of the ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos containing
materials, or conditions, and that ENGINEER had no prior role in the
generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, release
or escape of hazardous substances, contaminants, or asbestos is a result of
contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing for
contractor indemnification of the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY
will be the beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this AGREEMENT.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 11 of 17
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
(4) Nothing contained in this Section H. shall be construed as a waiver of any right
the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
cost value of the PROJECT. The CITY may provide ENGINEER a copy of the
policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the
parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
Amendments to Section 6, if any, are included in Exhibit D.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 12 of 17
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
The CITY shall own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER
igations hereunder.
D. Termination
(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to
ENGINEER.
b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 13 of 17
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE ES
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH
THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
S FEES IN PROPORTION
LIABILITY.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF
THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,
WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 14 of 17
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its employees who
perform work under this AGREEMENT, including completing the Employment Eligibility
Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with
copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ENGINEER employee who is not legally eligible to perform
such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ENGINEER, ENGINEERS EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this AGREEMENT for violations of this provision by
ENGINEER.
L. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, CITY is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract.
those terms in Section 808.001 of the Texas Government Code. By signing this
AGREEMENT, ENGINEER certifies that signature provides written
verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the AGREEMENT. Failure to meet or maintain
the requirements under this provision will be considered a material breach.
M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Section 2252 of the Texas Government Code restricts CITY from contracting with
companies that do business with Iran, Sudan, or a foreign terrorist organization. By
signing this AGREEMENT, ENGINEER certifies
provides written verification to the CITY that ENGINEER, pursuant to Chapter
2252, is not ineligible to enter into this AGREEMENT and will not become
ineligible to receive payments under this AGREEMENT by doing business with
Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
N. Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 15 of 17
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
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:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
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 purchasing@cityofdenton.com 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
O. Agreement Documents
This AGREEMENT, including its Exhibits and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following Exhibits and schedules are hereby made a part of this
AGREEMENT:
Exhibit A - Scope of Services
Exhibit B Summary of Tasks/Manhour Fee Estimate
Exhibit C Project Schedule
Exhibit D - Amendments to Standard Agreement for Engineering Services
These documents make up the AGREEMENT 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 AGREEMENT documents, the inconsistency or conflict shall
be resolved by giving precedence first to the written AGREEMENT then to the
AGREEMENT documents in the order in which they are listed above.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 16 of 17
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
effective on the date
subscribed by the City Manager.
BY: BY:
CITY OF DENTON, TEXAS ENGINEER
HDR Engineering, Inc.
City Manager Authorized Signature, Title
Date:__________________ Date:____________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
_______________________________
obligations and business terms.
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
_________________________
Signature
_________________________
Title
_________________________
Department
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
By:
ATTEST: RACHEL WOOD, INTERIM
CITY SECRETARY
By:______________________________
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 17 of 17
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Exhibit A
SCOPE OF SERVICES
CITY OF DENTON-TRAVEL DEMAND MODEL ANALYSIS AND EVALUATION OF
SCHEMATIC, ENVIRONMENTAL, SURVEY, RIGHT-OF-WAY, SUE, CONSTRUCTION
PLANS, AND SPECIFICATIONS FOR HICKORY CREEK ROAD
SCOPE ASSUMPTIONS:
1.Hickory Creek TDM Update –Including Crawford Road Analysis
2.Schematic, Env., and Public Involvement –TxDOT process (Riverpass Dr. –I-35W)
3.PS&E plan development (Riverpass Dr. –Country Club Drive)
It should be noted that this Scope of Services has been prepared prior to formal approval
of a Scope of Work approved by the City of Denton/TxDOT. The budget suggested herein
will be adjusted if necessary upon receipt of an approved Scope of Work from the City. A
written notification of any such changes will be provided.
A.FEASIBILITY STUDY
The ENGINEERshall prepare preliminary drawings to identify potential impacts within the
project corridor, including impacts to the nature, cultural, and human environment. Identification
should include, but not be limited to major existing and proposed utilities (public and private),
wetlands, floodways, structures, burial grounds, neighborhood communities, historical
landmarks, and undeveloped areas is required. Potential utility conflicts and structural
impediments must be identified and documented.The ENGINEERshall propose alternatives
which would avoid or minimize displacements and damages, and prepare any additional
attachments or exhibits required illustrating a preferred alternative alignment. The ENGINEER
shall render assistance to the Cityfor agency meetings as necessary during the development of
the schematic design as requested by the City. The ENGINEERshall also render assistance to
the City for meetings with affected property owners (MAPOs), public meetings and a public
hearing if requested.
An itemization of the schematic design and engineering work activity to be performed under this
contract is detailed below. All designs shall be prepared in accordance with the latest version
of: AASHTO Policy on Geometric Design of Highways and Streets, Texas Manual on Uniform
Traffic Control (TMUTCD), and Highway Capacity Manual -Transportation Research Board.
1
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
The following steps shall be completed by the ENGINEERin the development of the Feasibility
Study:
1.DATA COLLECTION
The ENGINEERshall conduct field reconnaissance and collect data as necessary to
complete the schematic design. Data shall include the following information.
Available Corridor Major Investment Studies
Design data from record drawings of existing and proposed facilities
Existing and future design year traffic data
Roadway inventory information, including the number of lanes, speed limits,
pavement widths and rating, bridge widths and ratings.
Existing Right-of-Way (ROW) and Easements
Parcel Information
Aerial photos, planimetric mapping, and DTM
Environmental Data
Previously prepared drainage studies
Adopted land use maps and plans as available
Federal Emergency Management Agency (FEMA) Flood Boundary Maps and
Flood Insurance Studies and Models
Public and private utility information
Plat research for adjacent properties as available.
Local Major Thoroughfare Plan.
Task Deliverable
Electronic submittal of ArcGIS Online Maps containing data collected
2.ANALYZE EXISTING CONDITIONS
Using collected data, the ENGINEERshall develop an overall analysis of the existing
conditions in order to develop the schematic design. The analysis shall include, but not
be limited to the following:
ROW determination
Horizontal alignment
Vertical alignment
2
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Pavement cross slopes and pavement type
Soil Exploration
Geotechnical Testing
Intersection design and analysis
Sight distance
Large Guide Signs and Roadside signing
Signal Warrants
Level-of-service
Locations of critical constraints
Drainage
Traffic control and construction phasing sequence
Task Deliverable
Electronic submittal of Existing Conditions Report
3.PRELIMINARY DESIGN SUMMARY REPORT AND TYPICAL SECTIONS
The ENGINEERshall prepare and submit a preliminary Design Summary Report (DSR)
to the CITY for review and approval. The DSR will include design criteria for roadway
elements: design speed, lane and shoulder widths, pavement structure and slopes,
horizontal curvatures, horizontal and vertical clearances, range of vertical profile grades,
and side slopes. The ENGINEERshall develop both existing and proposed typical
sections that depict the number and type of lanes, shoulders, median width, curb offsets,
cross slope, border width, clear zone widths, and ROW limits.
Task Deliverable
Electronic submittal of Design Summary Report
Electronic submittal of Typical Sections
4.ENVIRONMENTAL CONSTRAINTS
The ENGINEERshall consider impacts to environmentally sensitive sites (as identified
by the ENGINEERand verified by the City and/or State) during the schematic design
process. Environmentally sensitive sites include natural, cultural, and the human
environment. Examples are historic and archeological resources, burial grounds,
neighborhood communities and residential areas, farmland, floodplains, wetlands,
3
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
endangered species, rare habitats, wildlife corridors, wildlife crossings, parks and nature
preserves, geologic features, undeveloped areas, and significant trees.
Task Deliverable
Electronic submittal of Constraints Map
Electronic submittal of ArcGIS Map of Constraints Map
5.ALTERNATIVE ALIGNMENTSAND SCREENING
The ENGINEERshall develop up to five (5) Alternative Alignments for evaluation. An
Alternative Alignment is to be comprised of a horizontal elements with an associated
typical section represented by a Right-of-Way width along the alignment. Each
Alternative Alignment is to be evaluated and screened in regards to Engineering,
Mobility, Environmental, and Public Input. Up to two (2) Alternative Alignments are to be
recommended for further evaluation. A Feasibility Report shall be compiled which
documents the Alternative Alignments and screening process.
Task Deliverable
Electronic submittal of Draft and Final FeasibilityReport
B.DRAINAGE DESIGN
This Scope of Services is submitted to evaluate hydraulic impacts of the study area within the
limits of Hickory Creek Rd (from IH35W to Riverpass Road). This is approximately 4 miles of
existing and new roadway. This a conceptuallevel effort to study the existing cross drainage
streams and evaluate structures needed to meet the City’s design standard and avoid impacts
to adjacent properties. This scope does not include the design of parallel drainage structures
(storm drain). There are Five (5)major streams identified and 12minor crossings (3 per mile of
project) for this stretch of road. This scope assumes no ditches will be evaluated since road
widening will eliminate ditches. Detention requirements as a consequence of significant added
runoff will also be evaluated.
The major crossings are:
Hickory Creek (Detailed studied Zone AE)
Hickory Creek Tributary near Argyle Ln (Unstudied Zone A)
4
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Hickory Ck Trib meander section 1500’ west of Country Club Rd.
Hickory Ck Trib2 800’ west of Country Club Rd. (Unstudied Zone A)
Unnamed Tributary just east of IH35W
The scope of work includes:
1.DATA COLLECTION
o In addition to the roadway survey, hydraulic analysis of stream crossings will
require survey of the cross sections, culverts and bridge shown in the attached
Exhibit. The field surveywill include:
X-section to include toe and top of bank shots, grade break shots, at least
2 flowline shots, at least 100 feet past the top of bank (overbank) or to the
closest privacy/propertyfence. ROE might be required.
Survey of stream lowest flowline elevations at 25’ intervals within the x-
sections
Photos and sketch of each x-section and culvert/bridge tied
Tier adjacent residential structure lowest FFE (if possible)
Existing culvert/bridge
Tie structure in details (opening dimension, top of rail, low chord at
both ends of each side, inverts, columns locations and widths, etc)
o Collect culvert/bridge as-builts
o Collect from City latest copy of HEC-RAS models for stream outlined above
o Collect from City Hydraulic and Hydrology (H&H) reports (if available)
o Collect contributing watershed’s soils and land usedata
o Field visit to determine physical aspects at crossings
o Project meetings as required under this scope (assume 3 meetings and 1 visit)
2.HYDROLOGY
Preliminary hydrologic analysis to determine the discharges for the 2-, 5-,10-, 25, 50, and
100-year storm frequency events. Methods as described in the City’s Drainage Design
Manual and NCTCOG’s iSWM Manual will be used. TxDOT’s HDM will also be used as a
reference and at locations within TxDOT’s jurisdiction.
The ENGINEERshall determine the existing conditions drainage area boundaries to be
used for determining discharges for cross drainage structures, ditches and detention ponds.
The delineations will be based on the best available terrain surface data (2-foot contour
data), contour maps, as-built data, and aerial imagery. Site visit by ENGINEERis required
to identify critical hydrologic and hydraulic areas not visible on maps.
Flows will be calculated and compared between pre-and post-project conditions only within
the affected roadway area. This evaluation will aid in determining the excess runoff
5
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
produced and the potential required areas for detention. Detention is required to not impact
downstream properties. The USACE HEC-HMS Program will be used to calculate flows for
the SCS Curve Number Method. Standard Excel spreadsheets can be used for the
Regression Analysis equations and the Rational Method calculations. Honey Creek isan
unstudied Zone A stream, discharges for the hydraulic analysis will be computed. City of
Denton’s Drainage Manual will be followed as well as NCTCOG’s iSWMM Manual and
FEMA’s NFIP Criteria.
a.Drainage area delineation
b.Time of concentration calculation
c.Curve Number computation for major crossings
d.Precipitation analysis
e.Hydraulic modeling in HEC-HMS version 4.2 for major crossings
f.Minor crossings’ runoff values will be calculated with Rational Method unless
area is larger than 150 acres or as dictated by City Manual.
g.Validation of hydrologic peak discharges with a different methodology or
nearby effective studied stream.
EXCESS RUNOFF ANALYSIS -Flows will be calculated and compared between pre-and
post-project conditions only within the affected roadwayarea. This evaluation will aid in
determining the excess runoff produced and the potential required areas for detention.
Detention is required to not impact downstream properties. The USACE HEC-HMS
Program will be used to calculate flows for the SCS Curve Number Method. Standard Excel
spreadsheets can be used for the Regression Analysis equations and the Rational Method
calculations.
3.OPEN CHANNEL AND BRIDGE/CULVERT HYDRAULICS
a.Obtain and review ground-surveyed field cross sections and complement with
local 2’ contours and flown terrain (LiDAR)
b.For major crossings, develop existing creek hydraulic model in HEC-RAS.
Assume backwater flow conditions from nearby rivers or ponds as necessary.
c.For minor crossings, hydraulic models will be developed in HY-8.
d.Coordination with transportation design team to determine location of crossings
and physical aspects of cross drainage structure.
e.Develop proposed conditions analysis and models. Calculations of geometric
input into hydraulic model (includes roadway widening, columns, bridge/culverts,
riprap, etc.)
f.Determine pre-and post-project impacts into stream WSEL and velocities.
6
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
g.Mitigation analysis and recommendations to avoid hydraulic impacts outside of
project area (includes additional modeling)
4.DETENTION ANALYSIS
Determine the increase in runoff per the proposed improvements to determine if detention is
required. Conceptually determine potential detention sites if needed using Hydraflow
by Autodesk.If the increased corridor storage provided is not sufficient to offset the impact
resulting from the roadway improvements, proposed offsite detention facilities would be
evaluated and recommended. Every effort shall be made to provide detention within existing
ROW if it is deemed necessary.
This task will alsoinclude the generation of a conceptual CAD plan sheet showing the pond
location, calculations, cross sections of the proposed detention facilities, and details of the
proposed outfall structures. Assume 5 pond locations maximum.
5.DRAINAGE EASEMENTS IDENTIFICATION
The analysis will also determine the adequacy of the existing drainage easements and
proposed new drainage easements associated with the proposed improvements.
6.CHANNEL MITIGATION OR EROSION CONTROL SHEET AND DETAILS
There is one location where the stream is in close proximity to Brush Creek Road. The
roadway widening might require a stream realignment and floodplain mitigation plans to
avoid hydraulic impacts. This effort includes stream analysis, calculations and modeling and
preparation ofsheet. (Assume 2 sheets) Prepare details to accompany erosion control
sheet.
7.HYDRAULICS REPORT
The hydraulic report, signed and sealed by a professional engineer, shall include applicable
hydrologic and hydraulic methodology, exhibits, calculations, collected data and models
used. The Report will be in accordance with the City’s Design Manual.
QA/QC –Report, Analysis and Results
Address comments (if any). Revisions to analysis, models, recommendations per City’s
review
7
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
8.CLOMR SUBMITTAL TO FEMA
A FEMA Conditional Letter of Map Revision (CLOMR) application and technical report will
be produced upon the completion of the schematic hydraulic report. This will include any
impacted streams that require floodplain remapping as a consequence of floodplain
mitigation. The report will be submitted to the City of Denton for review and approval. Once
the City approves and signs the FEMA CLOMR MT2 Forms, the CLOMR report will be sent
to FEMA for review and approval.
The following are the tasks required for the CLOMR effort:
1.Update duplicate effective conditions and corrected effective (pre-project) HEC-RAS
floodway and floodplain models.
a.ENGINEERwill convert the effective model from HEC-2 to HEC-RAS and create
a duplicate effective model. The limits of the update will only include the
improved areas related to the impacts per the roadway improvements. This
model will be known as the corrected effective (pre-project conditions) floodplain
model.
b.A corrected effective floodway model will also be created.
c.Effective flows will be used for CLOMR related models. The flows developed
from the study phase (as part of the overall contract) will not be used for this
CLOMR study. This follows FEMA criteria for LOMR applications.
2.Proposed project conditions floodplain and floodway Models
a.ENGINEERwill update the corrected effective (pre-project conditions) floodplain
model to reflect post-project conditions.
b.Prepare a post project conditions floodway model.
c.Models will be checked using Check-RAS Program (per FEMA requirements).
3.Floodplain and floodway delineation and CLOMR approval report
a.A floodplain and floodway certified topographic map will be created based on the
models created for Tasks 1 through 5. A stream FIS profile will also be created
based on the RAS-Plot Program.
b.Prepare MT-2 Forms 1 through 3.
c.Draft and document narrative report explaining methodologies, findings and
conclusions.
d.Exhibit and letters required by FEMA for inclusion into the report: location map,
annotated FIRM Panel, Floodplain Easement Map, BFE increases notification
8
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
letter (if required) and acceptance, endangered species letter, sediment transport
explanation letter, and a floodway revision notification letter.
e.The tables to be included in the report will be: summary of flows, Manning’s n-
values summary, reach-lengths, floodway data table, and a hydraulic summary
table.
4.Review and acceptance of CLOMR by CITY
a.Submittal of CLOMR Forms and Report to CITY for review and signature of City’s
Certified Floodplain Manager.
b.Coordination with CITY to publish a floodway impact notification letter in local
newspaper.
c.ENGINEERto submit approved CLOMR Report by Cities to FEMA for Review.
5.Revisions from FEMA CLOMR Review.
a.A maximum of two (2) rounds of revisions to address any FEMA related
comments. More reviews are considered out of this scope.
Key Understanding:
Additional requirements (models, calculations, reports, data and review fees) required by
outside agencies will be considered out-of-scope. Plan sheets will not include profiles
views.
Any environmental permit requirement is not included in this H&H scope of work.
The study only covers the crossings specified, if additional modeling is required of other
stream locations, a supplemental agreement will be necessary.
C.SCHEMATIC DESIGN
The design schematic horizontal layout will adhere to a design scale of 1 in. = 100 ft.(or 1 in. =
200ft.as directed by the CITY.) The schematic layout, exhibits, and attachments will be
developed in English units. All Microsoft Office and Microstation Openroads Technology
computer graphic files furnished to the CITY must be submitted in electronic format by means of
a USB media or through SharePoint that will be compatible to the City and/or State. Schematics
will follow the City and/or Stateand Federal Highway Administration (FHWA) standards. Final
copies of the schematic design shall be signed by a professional engineer licensed in the City
and/or Stateof Texas. The followingsteps shall be completed by the ENGINEERin the
development of the Schematic.
9
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
1.SCHEMATIC ALTERNATIVESAND SCREENING
The ENGINEERshall identify and analyze a maximum of three (3) Conceptual
Schematic Alternatives to minimize potential adverse impacts, major utility conflicts,
structural impediments, or exceptions to the City and/or Stateor FHWA design criteria.
The conceptual schematics will be plan view only. Profile work will bedone only to the
extent necessary to lay out the proper horizontal geometry. The Conceptual Schematics
shall contain the following design elements:
Mainlane roadway alignment
Pavement edges, face of curbs and shoulder lines
Typical sections of existing and proposed roadways
Proposed structure locations (including wildlife crossings and fencing structures)
Preliminary ROW requirements and control-of-access locations
Direction of traffic flow and the number of lanes on existing and proposed
roadways
Existingand projected traffic volumes
Existing utilities
A Comparative Quantitative Evaluation Matrix (CQEM) shall be developed by the
ENGINEERto evaluate the Engineering, Mobility and Environmental components for
each Conceptual Design Schematics. The CQEM evaluation shall consider the following:
Impacts to Existing and future residential and commercial areas
Socioeconomic impacts
Safety –Predictive Crash Analysis
Potential displacements
ROW costs
Utilities
Construction Costs
Public Input
Land use
Traffic LOS Improvement
Corridor Safety Impacts (Crash modification factors)
Wetlands / waters of the U.S.
Wildlife habitat
10
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Floodplains
City and/or Stateor federally listed threatened or endangered species
Historic and archaeological assets
Cemeteries
Hazardous waste sites
Other environmental sensitive sites
The ENGINEERshall submit the preliminary results of the CQEM to TxDOT for review.
A conceptual alternatives analysis workshop shall be coordinated by the ENGINEERto
review and address comments by the CITY. Results of the CQEM shall narrow the three
(3) Conceptual Schematic Alternatives to one (1) Recommended Preferred Alternative
which is to be developed into Geometric Design Schematic.
Task Deliverable
Electronic submittal of Draft and Final Conceptual Schematic Layouts
Electronic submittal of Draft and Final CQEM
2.GEOMETRIC DESIGN SCHEMATICS
The ENGINEERshall develop Geometric Design Schematics based on the
Recommended Preferred Alternativeafter the basic layout, lane arrangement, and ROW
and easements requirements depicted on the schematics is approved.
a.The geometric schematic plan view shall contain the following design elements:
Geopak calculated roadway alignments for mainlanes, bridges, and cross
streets at major intersections.
Horizontal curve data shown in tabular format
Pavement edges, curb lines, sidewalks for proposed roadway
improvements
Typical sections of existing and proposed roadways
Proposed structure locations, bridge layouts including abutment, bent and
rail locations
Existing and proposed major utilities
Existing property lines and respective property ownership information
11
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Existing ROW and easements
ROW and easementsrequirements adequate for preparation of ROW
maps
Waters of the US (WOUS)
Control-of-access limits
Existing and projected traffic volumes
Lane lines, shoulder lines, and direction of traffic flow arrows indicating
the number of lanes on existing and proposed roadways
Existing utilities
b.The geometric schematic profile view shall contain the following design elements:
Calculated profile grade and vertical curve data including "K" values for
the mainlanes
Existing ground line profiles along the mainlanes
Grade separations and overpasses including preliminary bent locations,
girder type, and span lengths.
Calculated vertical clearances at grade separations and overpasses
c.Preliminary cross-sections every 50feetand at culvert locations in conjunction
with the Schematic shall be developed by the ENGINEERto determine
earthwork volumes for use in the cost estimate.
d.Preliminary Construction Sequence Layout in conjunction with the Geometric
Schematic depicting the phasing and traffic detours anticipated to construct the
proposed design.
e.Preliminary cost estimate for the project shall be developed by the ENGINEER,
which includes the costs of construction, required ROW and associated
improvements, and eligible utility adjustments. Current City and/or Stateunit bid
prices will be used in preparation of the estimate.
Task Deliverable
Electronic submittal of Draft and Final Geometric Schematic Layouts
Electronic submittal of Draft and Final Preliminary Cross-Sections
Electronic submittal of Draft and Final Preliminary Construction Sequence
Electronic submittal of Draft and Final Preliminary Cost Estimates
12
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
3.RAILROAD COORDINATION
The ENGINEERshall assist the CITY in coordination meetings with the affected
Railroads. Three (3) meetings with Union Pacific Railroad (UPRR) and three (3)
meetings Kansas City Southern Railroad (KCS) for a total of six (6) total meetings shall
be conducted during the schematic and environmental development.
4.CITY AND/OR STATECOORDINATION
The ENGINEERshall assist the CITY in coordination meetings with the CITY AND/OR
STATEand FHWA. A maximum of six (6) meetings are to be utilized during the
development of the schematic and environmental development. These meetings are
intended to provide an overview of the project, discuss protocols for schematic and
environmental approvals, review plans and discuss comments.
D.ENVIRONMENTAL
1. ENVIRONMENTAL DOCUMENTATION.
Each environmental service provided by the ENGINEERshall have a deliverable. Deliverables
shall summarize the methods used for the environmental services, and shall summarize the
results achieved. The summary of results shall be sufficiently detailed to provide satisfactory
basis for thorough review by theCity and/or State, The Federal Highway Administration
(FHWA), and (where applicable) agencies with regulatory oversight. All deliverables shall meet
regulatory requirements for legal sufficiency, and shall adhere to the requirements for reports
enumerated in the City and/or State’s NEPA MOU.
a.Quality Assurance/Quality Control Review
For each deliverable, the ENGINEERshall perform quality assurance quality control
(QA/QC) reviews of environmental documents and on other supporting environmental
documentation to determine whether documents conform with:
Current Environmental Compliance Toolkit guidance published by the City and/or
State’s Environmental Affairs Division and in effect as of the date of receipt of the
documents or documentation to be reviewed;
13
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Current City and/or Stateand federal laws, regulations, policies, guidance,
agreements, and memoranda of understanding between the City and/or Stateand
other City and/or Stateor federal agencies; and
FHWA and American Association of City and/or StateHighway and Transportation
Officials (AASHTO) guidelines contained in “Improving the Quality of Environmental
Documents, A Report of the Joint AASHTO and American Council of Engineering
Companies (ACEC) Committee in Cooperation with the Federal Highway
Administration” (May 2006) for:
o Readability, and
o Use of evidence and data in documents to support conclusions.
Upon request by the City and/or State, the ENGINEERshall provide documentation that the
QA/QC reviews were performed by qualified staff.
a.Deliverables shall contain all data acquired during the environmental service. All
deliverables shall be written to be understood by the public and must be in accordance
with the City and/or State’s Environmental Toolkit guidance, documentation standards,
current guidelines, policies and procedures.
b.Electronic versions of each deliverable must be written in software which is compatible
to the City and/or Stateand must be provided in a changeable format for future use by
the City and/or State. The ENGINEERshall supplement all hard copy deliverables with
electronic copies in searchable Adobe Acrobat™ (.pdf) format, unless another format is
specified. Each deliverable shall be a single, searchable .pdf file that mirrors the layout
and appearance of the physical deliverable. The ENGINEERshall deliver the electronic
files on CD-R, CD-RW media in Microsoft Windows format, or through the ftp site.
c.When the environmental service is to apply for a permit (e.g., United City and/or States
Coast Guard (USCG) or United City and/or States Army Corps of Engineers (USACE),
the permit and all supporting documentation shall be the deliverable.
d.Submission of Deliverables
Deliverables consist of reports of environmental services performed in addition to
documentation for a Categorical Exclusion (CE) determination, including the
preparation of a Request for Classification to classify the project as an Open Ended
(d) list CE, if needed, or an Environmental Assessment (EA) document, when
applicable.
14
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
All deliverables must comply with all applicable City and/or Stateand federal
environmental laws, regulations and proceduresand include all items listed in the
Environmental Document Review Checklist and the Administrative Completeness
Review Checklist.
On the cover page of each environmental assessment (EA), finding of no significant
impact (FONSI), environmental impact City and/or Statement (EIS), and record of
decision (ROD) prepared under the authority granted by this MOU, and for any
memorandum corresponding to any CE determination it makes, the ENGINEERshall
insert the following language in a way that is conspicuous to the reader or include it
in a CE project record:
"The environmental review, consultation, and other actions required by applicable
Federal environmental laws for this project are being, or have been, carried-out by
TxDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated
December 16, 2014, and executed by FHWA and TxDOT."
f.The City and/or Stateshall provide the City and/or State’s and otheragency comments
on draft deliverables to the ENGINEER. The ENGINEERshall revise the deliverable:
to include any City and/or Statecommitments, findings, agreements, or
determinations (e.g., wetlands, endangered species consultation, Section 106, or
Section 4(f)), required for the Transportation Activity as specified by the City and/or
State;
to incorporate the results of public involvement and agency coordination;
to reflect mitigation measures resulting from comments received or changes in the
Transportation Activity; and
include with the revised document a comment response form (matrix) in the format
provided by the City and/or State.
g.All photographs shall be 3.5” x 5” color presentation printed on matte finish photographic
paper or 3.5” x 5” color presentation printed on matte white, premium or photo quality
laser or inkjet paper. All photographs shall be well focused and clearly depict details
relevant to an evaluation of the project area. Provision of photographs shall be one
original print of each image or electronic presentations of comparable quality.
Comparable quality electronic photograph presentations shall be at least 1200 x 1600
pixel resolution. Photographs shall be attached to separately labeled pages that clearly
15
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
identify project name, project identification (ID) number, address or Universal Transverse
Mercator (UTM) of resource, description of the picture and direction of the photographic
view. In addition to the hard-copy prints, an electronic version of each will be submitted
with the same identification information as the hard-copy.
2. TECHNICAL REPORTSAND DOCUMENTATION
Definition of technical report and documentationfor environmental services: a report, checklist,
form, or analysis detailing resource-specific studies identified during the process of gathering
data to make an environmental decision.
Technical reports and documentation must be produced before an environmental document
(e.g. EA) is prepared in order to identify issues early in the process. The City and/or Statewill
determine what technical reports and documentation will be necessary for any given project.
Technical reports and documentation must be prepared for the City and/or Statewith sufficient
detail and clarity to support environmental determination(s). All technical reports shall be
compliant with TxDOT Environmental Compliance Toolkits. The environmental document will
reference the technical reports.
Environmental technical reports and documentation must include appropriate National
Environmental Policy Act of 1969 (NEPA) or federal regulatory language in addition to the
purpose and methodology used in delivering the service. Technical reports and forms must
include sufficient information to determine the significance of impacts. Some examples of
environmental technical reports and documentation are listed below:
Purpose and Need
Biological Evaluation Form
Air Quality
Archeological Background Study
Bicycle and Pedestrian Accommodation
Coastal Barrier Resources Act
Community Impacts Assessment
Ecological Resources
Farmland Protection Policy Act
Hazardous Materials
Historic Resources
16
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Indirect and Cumulative Impacts
Section 6(f) Land and Water Conservation Fund Act
National Environmental Policy Act (NEPA) and Project Development
Chapter 26, Parks and Wildlife Code
Public Involvement
Traffic Noise Analysis
U.S. DOT Section 4(f) Analysis
All technical reports and documentation prepared under the authority granted by this MOU, the
ENGINEERshall insert the following language in a way that is conspicuous to the reader or
include in a CE project record:
"The environmental review, consultation, and other actions required by applicable
Federal environmental laws for this project are being, or have been, carried-out by
TxDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 16,
2014, and executed by FHWA and TxDOT."
Minimum Deliverables: (Additional deliverables to be identified based on work assigned.)
Draft Document
Final Document
3. ENVIRONMENTAL ASSESSMENT (EA) CONTENTAND FORMAT.
The EA shall meet the requirements of 23 CFR §771.119 and TAC, Title 43, Part 1,
Chapter 2. The EA content shall be in sufficient detail to meet regulatory requirements
for legal sufficiencyand include all items listed in the Environmental Document Review
Checklist and the Administrative Completeness Review Checklist.
Exhibits to be included in reports or EAs shall not exceed 11” by 17,” and shall be in
color. Text pages shall be 8.5” by 11”. Exhibits and text in reports or EAs shall be neat
and reproducible via photocopying without loss of legibility. The EA documents shall be
reproduced on plain white paper unless otherwise approved in advance in writing by the
City and/or State.
The EA shall use good quality maps and exhibits, and shall incorporate by reference and
summarize background data and technical analyses to support the concise discussions
of the alternatives and their impacts. TheENGINEERshall follow the Environmental
17
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Assessment Outline and the Environmental Handbook: Preparing an Environmental
Assessment located in the Environmental Compliance Toolkits located on the TxDOT
website.
Minimum Deliverables: (Additional deliverables to be identified, based on work assigned.)
•Preliminary Draft EA for district review
•Revised Draft EA (per district comments)
•Draft EA for City and/or Statereview
•Revised Draft EA (per City and/or Statecomments)
•Draft EA for Public Hearing
•Final EA
4. COMMUNITY IMPACTS
(This scope is for the corresponding section(s) as listed in the Affected Environment and
Environmental Consequences section of the EA.)
Community Impacts includes land use, environmental justice, limited English proficiency,
and other issues as addressed in TxDOT Environmental guidance.
The ENGINEERshall perform Community Impact Assessments including relocations
and Environmental Justice analysis (in accordance with Executive Order 12898) and
Limited English Proficiency analysis (in accordance with Executive Order 13166).
Compile analysis to meet requirements of TA 6640.8A. Analysis must conform to
applicable current City and/or Stateand FHWA guidance.
Process for Community Impact Assessment should follow guidance provided in TxDOT’s
Community Impacts Assessment Toolkit.
5. HISTORIC RESOURCEIDENTIFICATION, EVALUATION AND DOCUMENTATION
SERVICES
(This scope is for the corresponding section(s) as listed in the Affected Environment and
Environmental Consequences section of the EA.)
The ENGINEERshall perform limited non-archeological historic-ageresource studies
related to compliance with Section 106 and Section 110 of the NHPA (36 CFR 800).
18
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Prior to conducting formal historic resource investigations, a Project Coordination
Requests (PCR) would be prepared and approved to determine if further studies would
be warranted.
The PCR shall comply with the TxDOT Environmental Compliance Toolkits provided by
the City and/or State’s Environmental Affairs Division in effect as of the date of the
receipt of the documents.
The ENGINEERshall revise the PCR to address comments by the City and/or Stateat
no additional cost to the City and/or Stateand may be required to integrate the findings
into another environmental document. The City and/or Stateassumes responsibility for
transmitting the findings to THCand for transmitting THC comments to the ENGINEER’s
Technical Expert. ENGINEER’s Technical Expert is an institution, firm, individual, or
team that provides professional scientific services, including but not limited to
archeologists, biologists, geologists, historians, or other environmental professions that
conduct environmental or cultural assessments required by City and/or Stateor federal
law for transportation projects. The City and/or Stateassumes responsibility for any
further historic, non-archeological surveys that arise from the findings of the PCR.
The ENGINEERshall conduct tasks associated with public involvement as requested
during the historic resources reporting phase and conforming to the methodology
outlined in the TxDOT Environmental Compliance Toolkits.
The ENGINEERshall contact interested parties when applicable in order to determine
local knowledge of historic resources in the project area. Interested parties include but
are not limited to: Certified Local Governments, Historic Preservation Offices, County
Historical Commissions, Historic Bridge Foundation, and other consulting parties.
6. ARCHEOLOGICAL RESOURCES
(This scope is for the corresponding section(s) as listed in the Affected Environment and
Environmental Consequences section of the EA.)
The Background Study shall be produced by a professional archeologist as defined in 13
TAC §26.4(2).
The Archeological Background Study shall conform to the current Review Standard for
Archeological Background Studies, available from the City and/or State.
Unless the ENGINEERhas previously completed an Archeological Background Study
for the project, the Archeological Background Study must define and consider all
alternatives selected for detailed study, including all existing right of way, all proposed
19
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
new right of way, easements (temporary and permanent), and any other project-specific
location designated by the City and/or State. The Archeological Background study shall
consider the likely depth of impacts resulting from the proposed project. The location of
all alternatives selected for detailed study shall be presented on a map or maps as part
of the Archeological Background Study.
For projects in which an Archeological Background Study has already been completed
by the ENGINEERand the project has materially changed --affecting the project limits,
proposed new right of way (if any), easements (if any), any other project-specific location
designated by the City and/or State, and/or the depth of impacts --the Archeological
Background Study shall incorporate the previous study by reference and focus on the
project changes.
To conduct the Archeological Background Study, the professional archeologist shall
undertake a review of existing data, including, but not limited to, the Texas Archeological
Sites Atlas, geologic maps, soil maps, Potential Archeological Liability Map (PALM) of
the project area (if applicable), aerial photographs, and historic maps. Based on this
review, the Archeological Background Study shall identify and plot on a map the areas
that require field investigation to evaluate the project’s effects on archeological
resources and cemeteries and shall identify the areas in which the proposed project
would have no effect on archeological resources and cemeteries. The Archeological
Background Study shall identify any areas proposed for field investigation where impacts
are deep, extending beyond three feet in depth.
If required, the Archeologist shall prepare an Archeological Survey Permit for submittal
to TxDOT and Coordination through the Texas Historical Commission (THC).
For areas identified, the Archeologist will conduct field based shovel testing according to
THC specifications.
Mechanical excavation and site curation would require supplemental work authorization.
7. AIR QUALITY STUDIES
(This scope is for the corresponding section(s) as listed in the Affected Environment and
Environmental Consequences section of the EA.)
The ENGINEERshall prepare the air quality section in accord with the current version of the
Cityand/or State’s Air Quality Handbook, and Air Quality toolkit. If the Air Quality Handbook
requires it, the administrative record must contain and the ENGINEERshall prepare the
20
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
following air quality elements in the format prescribed in the specific SOP documents or other
Air Quality toolkit documents:
Conformity report form and applicable coordination,
Hot-spot technical report and applicable coordination,
CO TAQA technical report,
Qualitative MSAT analysis,
Quantitative MSAT technical report and conference call,
CMP analysis,
GHG analysis (only if it becomes a requirement in the Air Quality Handbook),
Applicable disclosure City and/or Statements in the environmental document as
prescribed in the SOP for Preparing Air Quality City and/or Statements,
Air quality cumulative and indirect impacts analysis as specified in the Cumulative and
Indirect Impacts Analysis section of this attachment and include a discussion of the
analysis in the environmental document, and
Response to public comments received on air quality issues.
8. TRAFFIC NOISE STUDIES
(This scope is for the corresponding section(s) as listed in the Affected Environment and
Environmental Consequences section of the EA.)
The ENGINEERshall:
Perform a traffic noise analysis in accordance with the current version of the City and/or
State’s (FHWA approved) “Guidelines for Analysis and Abatement of Roadway Traffic
Noise” The current version of the guidance is located on the City and/or State’s Traffic
Noise Toolkit website located athttp://www.txdot.gov/inside-
txdot/division/environmental/compliance-toolkits.html. Noise analyses shall be
performed for all alternatives.
Comply with all noise policy, guidelines and standards found on the City and/or State’s
Traffic Noise Toolkit website located at http://www.txdot.gov/inside-
txdot/division/environmental/compliance-toolkits.html. . Upon request, the City and/or
Stateshall provide the ENGINEER’s Technical Expert with existing and predicted
(future) traffic data and, when available, aerial photography.
21
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
By project location site visit, identify adjacent, land use development and photo
document representative receivers that might be impacted by highway traffic noise and
may benefit from feasible and reasonable noise abatement.
Determine existing and predicted noise levels for representative receivers, as follows:
o For transportation activities on new location, take field measurements of existing
noise levels. Field measurements shall be accomplished with sound meters that
meet or exceed American National Standards Institute (ANSI) S1.4-1983, Type 2.
o For transportation activities not on new location, perform computer modeling of
existing noise levels and predicted (future) noise levels.
o Computer modeling shall be accomplished with the latest FHWA approved Traffic
Noise Model (TNM) software program which must be purchased at the expense of
the ENGINEER’s Technical Expert from the software distributor.
Identify impacted receivers in accordance with the absolute and relative impact criteria.
Consider and evaluate all required noise abatement measures for impacted receivers in
accordance with the feasible and reasonable criteria.
Propose noise abatement measures that are both feasible and reasonable.
Determine predicted (future) noise impact contours for transportation activities where
there is adjacent undeveloped property where residential or commercial development is
likely to occur in the near future.
9. CLEAN WATER ACT SECTION 303(D)
(This scope is for the corresponding section(s) as listed in the Affected Environment and
Environmental Consequences section of the EA.)
The ENGINEERshall:
Address all water quality studies in accordance with Section 303(d) of the Clean Water
Act as administered by the Texas Commission on Environmental Quality (TCEQ).
Identify if the project is located within five miles of an impaired assessment unit and
within the watershed of the impaired assessment unit.
Identify whether the project drains to any impaired assessment unit.
Provide the location of the project within the watershed of the impaired assessment unit.
Identify the impaired assessment unit number, segment name, and segment number.
Identify the pollutant(s) in the discharge for which the water body is listed, and the year
of the 303(d) list used in the assessment
22
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
If the impaired assessment unit has a Total Maximum Daily Load that has been
approved by the Environmental Protection Agency, provide:
o the name and date of the Total Maximum Daily Load,
o the name and date of any corresponding Implementation Plan, and
o a discussion of whether the project is consistent with the approved Total Maximum
Daily Load and Implementation Plan.
If unit does not have a Total Maximum Daily Load that has been the impaired
assessment approved by the Environmental Protection Agency, indicate:
o that the impaired assessment unit does not have a Total Maximum Daily Load that
has been approved by the Environmental Protection Agency, and
o if the project could discharge the pollutant identified in (d) above. If yes, discuss
measures that will be taken to prevent or reduce the likelihood of such a discharge.
Discuss the Best Management Practices that will be used-particularly at the discharge
point to the water body to meet other water quality regulations, such as vegetative
swales, silt fencing, compliance with the Texas Pollutant Discharge Elimination System
(TPDES).
10. DETERMINING IMPACTS TO WATERS OF THEUNITED CITY AND/OR STATES,
INCLUDING WETLANDS
(This scope is for the corresponding section(s) as listed in the Affected Environment and
Environmental Consequences section of the EA.)
The ENGINEERshall identify all waters within the boundaries of the project area.
The ENGINEERshall make a preliminary determination of USACE jurisdiction. Restrict the
level of effort to identification without formal delineation
The ENGINEERshall delineate waters of the United City and/or States (WOUS), including
wetlands.
o Provide documentation which shall include all field work and compilation of field
documentation for all WOUS, including wetland delineations. Wetland delineations shall
be performed in accordance with the current USACE Wetlands Delineation Manual
(Technical Report Y-87-1) and, if appropriate, the Great Plains, Arid West, or Atlantic
and Gulf Coastal Plain Supplement to Technical Report Y-87-1.
o Stake all WOUS boundaries in the field.
o Map the boundaries of the WOUS with the global positioning system per guidance from
the USACE-Galveston, and City and/or Statethe boundaries in the field.
23
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
The ENGINEERshall provide a land survey of the WOUS boundaries within 48 hours of the
completion of the delineation. The land survey shall follow the General Standards for
Surveying.
Draft and Final Deliverable.
o The ENGINEERshall produce a draft and final report of the WOUS determinations and
delineations. The draft report will be submitted to the City and/or Statefor review and
approval by the City and/or Stateand USACE, if applicable. In the final report, address
City and/or Stateand USACE comments from the draft report. The revised final report
shall be delivered to the City and/or Statewithin 10 days of receipt of comments from the
City and/or Stateor USACE.
o The location of all sites, cities, villages, highways, rivers and other features or place
names discussed in the text and situated in the project locale shall be shown on the
appropriate figure. All tables, figures and maps shall have a number, title, appropriate
explanatory note and a source reference. In addition, where applicable, figures and all
maps shall display a title, north arrow, scale, legend and source reference.
o The report shall be in the following format:
a)Cover Sheet
In accordance with the City and/or State’s NEPA MOU, on the cover page of the
WOUS Determination and Delineation Report prepared under the authority granted
by the MOU, the ENGINEERshall insert the following language in a way that is
conspicuous to the reader or include in a CE project record:
"The environmental review, consultation, and other actions required by applicable
Federal environmental laws for this project are being, or have been, carried-out by
TxDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated
December 16, 2014,and executed by FHWA and TxDOT."
b)Introduction
i.Who authorized the WOUS delineation
ii.Why the WOUS delineation is being done
iii.Location of site (USGS 7.5’ Map)
iv.Date of field visit(s).
24
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
v.Identification of delineators.
c)Methods
i.Brief description of the method used.
ii.City and/or Stateany modification of the method.
iii.Source of existing information.
d)Results and Discussion
i.Description of the site.
ii.Topography of the site.
iii.Plant communities of the site.
iv.Soil types identified on the site.
v.Hydrology information of the site.
vi.Existing wetland mapping (e.g., NWI, City and/or State, and local).
e)Findings
i.Types of all WOUS identified on the site (e.g., Cowardin, et al. 1979).
Description of WOUS identified.
Locations of WOUS.
Area of WOUS (in acres).
Contrast with non WOUS.
How was the WOUS boundary chosen (e.g., feature on landscape).
ii.Types of other waters identified on the site.
Description of the other waters.
Locations of the other waters.
Area of the other waters.
How was the other water boundary chosen (e.g., feature on landscape).
f)Conclusion.
i.Table summary of total area and types of all WOUS.
25
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
ii.A map showing the location of each WOUS, including wetlands, and where a
Wetland Data Form was completed.
iii.City and/or Statement regarding the need for permits.
iv.Caution that final authority rest with the appropriate agencies.
g)Literature Cited.
h)Appendix (Routine Wetland Determination Data Forms and, if required, Atypical
Situation Data Forms).
11. FLOODPLAIN IMPACTS
(This scope is for the corresponding section(s) as listed in the Affected Environment and
Environmental Consequences section of the EA.)
The ENGINEERshall determine whether the Transportation Activity has the potential to affect
floodplains. Document Trinity River Corridor Development Certificate Regulatory Zone
requirements (Dallas and Fort Worth Districts), and International Boundary Water Commission
(IBWC) requirements (Transportation Activity within the floodplain of the Rio Grande) if the
project is within the area covered by these regulations. Studies for floodplain impacts shall fulfill
the requirements of Executive Order 11988 and 23 CFR 650, Subpart A.
Briefly describe the watershed characteristics of the study area in terms of land uses and
changes in land use that may affect stream discharge.
Briefly describe the streams in the study area, including evidence of stream migration, down
cutting, or aggradations.
Identify the presence and nature (e.g., zone A, zone AE, zone AE with floodway) of any
Federal Emergency Management Agency (FEMA) mapped floodplains. Include the panel
number.
Indicate the existence of any significant development associated with the mapped area and
identify the jurisdiction responsible for the floodplain.
Identify the locations where an alternative will encroach on the base (100-year) floodplain
("encroachments"), where an alternative will support incompatible floodplain development
and the potential impacts of encroachments and floodplain development. This identification
should be included in the text and on a map.
Include a list of all jurisdictions having control over floodplains for each alternative.
26
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Where an encroachment or support of incompatible floodplain development results in
impacts, the report shall provide more detailed information on the location, impacts and
appropriate mitigation measures. In addition, if any alternative (l) results in a floodplain
encroachment or supports incompatible floodplain development having significant impacts,
or (2) requires a commitment to a particular structure size or type, the report shall include an
evaluation and discussion of practicable alternatives to the structure or to the significant
encroachment. The report shall include exhibits which display the alternatives, the base
floodplains and, where applicable, the regulatory floodplains.
For each alternative encroaching on a designated or regulatory floodplain, the reportshall
provide a preliminary indication of whether the encroachment would be consistent with or
require a revision to the regulatory floodplain. If the preferred alternative encroaches on a
regulatory floodplain, the report shall discuss the consistency ofthe action with the
regulatory floodplain. In addition, the report shall document coordination with FEMA and
local or City and/or Stateagencies with jurisdiction indicating that revision would be
acceptable or that a revision is not required.
If the preferred alternative includes a floodplain encroachment having significant impacts,
the report shall include a finding that it is the only practicable alternative as required by 23
CFR 650, Subpart A. The finding shall refer to Executive Order 11988 and 23 CFR 650,
Subpart A. In such cases the report shall document compliance with the Executive Order
11988 requirements and shall be supported by the following information:
o The reasons why the proposed action must be located in the floodplain;
o The alternatives considered and why they were not practicable; and
o ACity and/or Statement indicating whether the action conforms to applicable City and/or
Stateor local floodplain protection standards;
12. STORMWATER PERMITS (SECTION 402 OF THE CLEAN WATER ACT)
(This scope is for the corresponding section(s) as listed in the Affected Environment and
Environmental Consequences section of the EA.)
The ENGINEERshall:
Describe the need to use the TPDES General Permit, TX 150000. The text will describe
how the project will comply with the terms of the TPDES, including the Stormwater Pollution
Prevention Plan.
27
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Describe the need for Municipal Separate Storm Sewer System (MS4) notification. List MS4
participating municipalities.
13. USACE PERMITS
(This scope is for the corresponding section(s) as listed in the Affected Environment and
Environmental Consequences section of the EA.)
Section 10 of the Rivers and Harbors Act (33 USC 403). The ENGINEERshall determine
whether the Transportation Activity requires a Section 10 permit and upon approval by the
City and/or State, prepare and submit permit applications to USACE and obtain the permits.
Section 404 of the Clean Water Act (33 USC 1344). The ENGINEERshall determine
whether the Transportation Activity requires a Section 404 permit (Nationwide or Individual
Permit (IP)) and upon approval by the City and/or State, prepare and submit permit
applications (Pre-Construction Notification (PCN) or individual permit application) to USACE
and obtain the permits. PCNs and IPs will be prepared in accordance with current USACE
policies and regulations.
If the permit is an Individual Section 404 permit, upon approval by the City and/or State,
prepare and submit a Tier 1 checklist or a Tier II 401 certification questionnaire and water
qualitycertification documentation to TCEQ and USACE.
The ENGINEERshall provide the City and/or Statewith documentation (including all original
correspondence) of consultation with USACE and TCEQ.
The ENGINEERshall keep the City and/or Stateinformed during the permit coordination
process.
It is not anticipated that the Project will require a USACE Section 10 or Section 404 permit.
The project is anticipated to fall under the thresholds of USACE Nationwide Permit 14 for
Linear TransportationProjects. Additional work required to provide a Section 10 Permit,
NWP 14 Pre-Construction Notice, and/or an Individual Permit would be done under a
supplemental work authorization. The ENGINEERshall provide permitting documents and
supporting information suitable for filing by the City and/or State.
14. USCG SECTION 9 PERMIT (33 USC 401)
(This scope is for the corresponding section(s) as listed in the Affected Environment and
Environmental Consequences section of the EA.)
28
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
The ENGINEERshall:
Determine whether streams or other water bodies crossed by a proposed transportation
facility are navigable as defined in the USCG Commandant Publication P16591.3A, "Bridge
Permit Application Guide."
Consult with the USCG to obtain Coast Guard concurrence on navigability and the need, if
any, for a USCG Bridge Permit.
Provide the City and/or Statewith documentation (including all original correspondence) of
consultation with the Coast Guard.
Upon approval by the City and/or State, submit permit application and obtain a USCG
Bridge Permit for bridges crossing navigable waters. The permit(s) shall be obtained in
accordance with the USCG Commandant Publication P16591.3A, "Bridge Permit Application
Guide."
It is not anticipated that the Project will require a USCG Section 9 Permit. Additional work
required to provide a Section 9 Permit would be done under a supplemental work
authorization. The ENGINEERshall provide permitting documents and supporting
information suitable for filing by the City and/or State.
15. FISHAND WILDLIFE COORDINATION ACT (FWCA)
(This scope is for the corresponding section(s) as listed in the Affected Environment and
Environmental Consequences section of the EA.)
The ENGINEERshall identify water body modifications and impacts to wildlife. The Fish
and Wildlife Coordination Act (FWCA) applies to projects that would result in the control or
modification of a natural stream or body of water and would require a Section 404 Individual
Permit.
16. THREATENED OR ENDANGERED SPECIES
(This scope is for the corresponding section(s) as listed in the Affected Environment and
Environmental Consequences section of the EA.)
The ENGINEERshall perform biological services.
a.Surveys for Protected Species or Habitat of Protected Species based on the most current
City and/or Stateand TPWD Memorandum of Understanding (MOU Effective 2013.) The
ENGINEERshall:
o Perform surveys of protected species or habitat of protected species. This shall include:
29
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
All species listed by the United City and/or States Fish and Wildlife Service (USFWS)
as threatened or endangered or proposed for listing as threatened or endangered
(50 CFR 17.11-12),
All species that are candidates for review for listing by USFWS as threatened or
endangered (per most recently updated list in Federal Register),
Species listed as threatened or endangered species or species of greatest
conservation need (SGCN) by the City and/or Stateof Texas Threatened and
Endangered Species Listings, Texas Park and Wildlife Department (TPWD),
Species protected by the Migratory Bird Treaty Act (50 CFR 10.13) and the Bald and
Golden Eagle Protection Act (16 U.S.C. 668-668c).
For projects located within United City and/or States Fish and Wildlife Service
(USFWS) Karst Zones 1, 2, 3, and 4, a karst invertebrate habitat survey shall be
performed, and must be signed and sealed by a Texas licensed Professional
Geoscientist (P.G.)
o Examine existing data to determine the likelihood that rare species, protected species,
their habitat, or designated critical habitat (per 50 CFR §17.94-95) could be impacted by
the Transportation Activity. Existing data shall include the Element Occurrence
Identification (EOID) records of the TPWD Natural Diversity Database, following the
Guidelines set forth in the most current version of TPWD’s Guidelines for TXNDD Data
Analysis in TxDOT Environmental Documents.
o It is not anticipated that the Project will provide habitat for Threatened and Endangered
Species. Should habitat be present or Threatened and Endangered Species individuals
are identified in the project area, the following tasks would be provided under a
supplemental agreement:
o Perform an effect determination pursuant to the Endangered Species Act (ESA)
for all federally listed species. A determination of impact must be included for all
City and/or State-listed species. The determination of effect and impact must be
supported by evidence, and may require a detailed assessment. Any technical
reports used to support the determination(s) must be referenced and provided to
the City and/or State.
o Determine whether critical habitat is present in the study area and whether the
Transportation Activity will affect that critical habitat.
o Perform species-specific habitat surveys, presence or absence surveys for
protected species, or critical habitat (per 50 CFR 17.94-95) and rare species.
30
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
o Conduct surveys for the presence or absence of protected species according to
protocols adopted by USFWS and TPWD for all protected species for which such
protocols have been established.
o Personnel conducting presence or absence surveys for protected species shall
hold appropriate USFWS and TPWD permits at the time surveys are performed.
o Conduct presence or absence surveys during the time of the year appropriate for
each species. If the ENGINEER’s Technical Expert believes that a work
authorization to conduct a presence or absence survey does not adequately
consider timing of the survey, notify the City and/or Stateas soon as the issue
with the survey timing is recognized.
o Furnish the City and/or Statewith completed Biological Evaluation Form and
ENGINEER’s Technical Expert’s field notes.
o Coordinate between the City and/or Stateand USFWS or TPWD as directed by
the City and/or Stateto verify proper rules, regulations and policies are followed
for biological services. All coordination between the ENGINEER’s Technical
Expert and resource agencies shall be approved in advance by the City and/or
State.
b.Habitat Analysis and Characterization of Project Study Area. The ENGINEERshall perform
an analysis and characterization of habitat and habitat impacts for the study area and
documented on the Biological Evaluation Form. The habitat analysis shall be based on the
most current City and/or Stateand TPWD MOU and associated Programmatic Agreements.
o For transportation activities involving no new right-of-way or easements, including
temporary easements, this includes:
The habitat descriptions of habitat types (e.g., forested, prairie, riparian, floodplain,
rangeland, agricultural) in the study area are based upon the 2013 MOU.
The habitat description shall indicate the vegetative type(s) listed for the study area
in the 2013 MOU.
The habitat description shall include a description of the existing vegetation within
and adjacent to the right-of-way, as per the 2013 MOU.
The habitat description shall describe habitat for protected species if such habitat
occurs within or adjacent to the right-of-way.
The description shall be supplemented with topographic maps (based on USGS 7.5'
maps, aerial photos, on-site photographs and per the2013 MOU.
31
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Maps and aerial photos shall be annotated to indicate the locations and areas
of distinct vegetative types if any have been identified during field inspections.
Photographs shall illustrate representative vegetation for each vegetation
type. Aerial photographs (with dates) shall be provided when available.
o If the vegetation within the right-of-way does not match the description as per the 2013
MOU or if there is an unusual difference between the vegetation in the right-of-way and
outside the right-of-way, details shall be included in the description to clearly explain the
differences in vegetative content between the existing vegetation and the 2013 MOU 4)
For transportation activities involving new right-of-way or easements, including
temporary easements, the habitat description shall address the entire study area. For
projects with multiple alternatives, all alternatives shall be described to the same level of
detail. If lack of access to the new location right-of-way limits field observationfor the
habitat description, existing published sources shall be used to provide an estimate. All
elements of description required for projects with no new right-of-way (above) shall be
included. Land use within and outside the proposed right-of-way shall be described. In
addition, the description of vegetation in the new right-of-way or easements shall include
the following:
Dominant Species for each vegetation stratum (i.e., tree, shrub, vine, herbaceous
\[grass and forbs\]) present,
Height of trees (range), if present,
Diameter at Breast Height (DBH) of trees (range and average), if present,
Percent canopy cover of trees, if present,
Acreage for each vegetation type present.
o The habitat analysis shall contain a description of anticipated impacts to the following:
Any vegetation, broken down by plant community (as above),
Unusual vegetation features (as above),
Special habitat features (as above),
Habitat for any protected species (as above),
Any other habitat feature identified by and considered to be important to the City
and/or State’s District.
Note: The description of anticipated impacts shall be based on impacts that can
be predicted as a result of construction activities and the kind(s) of facility
proposed for the Transportation Activity. If the ENGINEER’s Technical Expert
believes that the City and/or Statehas not provided sufficient engineering and
32
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
other data to support a description of anticipated impacts, notify the City and/or
State, and the ENGINEER’s Technical Expert and the City and/or Stateshall
negotiate an appropriate level of description of anticipated impacts.
c.Survey Reports and Habitat Analyses included in the appendices of the Biological
Evaluation Form must follow all guidelines and requirements as specified by the TxDOT
Environmental Compliance Toolkits.
17. INVASIVE SPECIES
(This scope is for the corresponding section(s) as listed in the Affected Environment and
Environmental Consequences section of the EA.)
The ENGINEERshall address Executive Order 13112 on Invasive Species as per the
Ecological Resources Handbook (TxDOT Environmental Online Toolkit).
18. ESSENTIAL FISH HABITAT
(This scope is for the corresponding section(s) as listed in the Affected Environment and
Environmental Consequences section of the EA.)
The ENGINEERshall perform Essential Fish Habitat studies. Studies shall fulfill the
requirements of 50 CFR 600.920.
The ENGINEERshall:
Determine if Essential Fish Habitat is present in the project area.
Determine if the project will adversely affect Essential Fish Habitat.
Describe adverse impacts, if any. (If Essential Fish Habitat will be impacted, then
consultation is required)
19. BENEFICIAL LANDSCAPING
(This scope is for the corresponding section(s) as listed in the Affected Environment and
Environmental Consequences section of the EA.)
Address Executive Memorandum on Beneficial Landscaping of April 26, 1994 as per the
Ecological Resources Handbook (TxDOT Environmental Online Toolkit).
33
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
20. FARMLAND IMPACTS
(This scope is for the corresponding section(s) as listed in the Affected Environment and
Environmental Consequences section of the EA.)
Determine farmland impacts. Identification of farmland impacts shall be in accord with the
Farmland Protection Policy Act (FPPA) (7 USC 4201 et. seq.) and the EcologicalResources
Handbook (TxDOT Environmental Online Toolkit) guidance on addressing FPPA, which
includes determining whether the project is exempt or completion of form AD 1006 or CPA 106
as appropriate.
21. INITIAL ASSESSMENT OF HAZARDOUS MATERIALS IMPACTS
(This scope is for the corresponding section(s) as listed in the Affected Environment and
Environmental Consequences section of the EA.)
The ENGINEERshall:
The ENGINEERshall perform an Initial Site Assessment (ISA) for potential hazardous
materials impactsfor the limits of the study area. The ENGINEERis responsible acquiring
the latest version of TxDOT’s Hazardous Materials Initial Site Assessment (ISA) located in
the Hazardous Materials Toolkit (http://www.txdot.gov/inside-
txdot/division/environmental/compliance-toolkits/haz-mat.html).
o Note: The ISA shall determine the potential for encountering hazardous materials in
the study area, including possible environmental liability, increased handling
requirements (e.g. soil or groundwater), and potential construction worker health and
safety issues.
o Note: The ENGINEERis responsible for reviewing and being familiar with the City
and/or State’s guidance related to the development of the ISA and the Hazardous
Material process. All guidance and information related to this can be found on the
Hazardous Materials Toolkit.
Produce and submit to the City and/or Statea completed ISA using the City and/or State’s
ISA Environmental Compliance Toolkit guidance format.
The ENGINEER’s completed ISA shall include, when applicable, full copies of list search
reports, including maps depicting locations, copies of agency file information, photographs,
recommendations, and any other supporting information gathered by the ENGINEERto
complete the ISA.
34
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Based on the ISA information, the ENGINEERshall provide the City and/or Statea report
discussing the known or potential hazardous materials impacts suitable for inclusionin the
environmental document. The report of hazardous materials impacts shall include, when
applicable:
o A concise summary of relevant information gathered during the ISA, including
sufficient information to show that the study area for the TransportationActivity was
adequately investigated for known or potential hazardous material contamination.
o A concise description of the scope of the hazardous materials ISA, disclosure of any
limitations of the assessment, and a City and/or Statement indicating who performed
the assessment.
o A concise summary of the findings of the assessment for each alternative
considered, along with an opinion of the potential of an identified site to impact the
project during construction.
o A discussion of any commitments recommendedfor performing further investigation
of suspect areas, and justification for postponement of further investigation.
o A summary of efforts to be employed by the City and/or Stateto avoid or minimize
involvement with known or suspected hazardous material contamination sites during
construction, and justification for not avoiding contaminated sites within the preferred
alternative or corridor alignment.
o Disclosure of known or suspected hazardous material contamination that is
anticipated to be encountered during construction.
o A discussion of any required or recommended special considerations, contingencies
or provisions to handle known or suspected hazardous material contamination during
right-of-way negotiation and acquisition, property management, design and
construction.
o A summary of any early coordination or consultation conducted with the regulatory
agencies, local entities or property owners.
o A discussion of any further hazardous materials related coordination with, and
approvals or permits required from,the regulatory agencies or other entities.
Should the findings of the ISA conclude that additional investigation, special considerations,
or other commitments from the City and/or Stateare required during future stages of project
development, the ENGINEERshall review those findings and commitments with the City
and/or Stateprior to completing the hazardous materials discussion for the environmental
document.
35
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
22. SECTION 4(F) EVALUATIONS.
(This scope is for the corresponding section(s) as listed in the Affected Environment and
Environmental Consequences section of the EA.)
Determine Section 4(f) impacts in compliance with U.S. Transportation Act. The ENGINEER
will identify any Section 4(f) properties that may be impacted by the Project. The
ENGINEERwill work with the City and/or Stateto avoid impacts to the Section 4(f)
properties.
The 4(f) Section of the environmental document shall document all data necessary to
address to the satisfaction of the City and/or Statepotential use of Section 4(f) properties in
accordance with 23 CFR 774.
It is not anticipated that the Project will require evaluation of a Section 4(f) impact.
Additional work required to evaluate, mitigate, and coordinate a Section 4(f) property impact
would be done under a supplemental work authorization.
All Section 4(f) evaluations shall meet the requirements set forth in the City and/or State’s
Environmental Compliance Toolkit guidance.
23. SECTION 6(F) EVALUATION
(This scope is for the corresponding section(s) as listed in the Affected Environment and
Environmental Consequences section of the EA.)
The ENGINEERshall determine if Land and Water Conservation Fund Act funds were used
for the Section 4(f) property in accordance with the regulatory requirements and TPWD
guidelines.
24.REFERENCE DOCUMENTS
The ENGINEERshall adhere to the content of TxDOT’s On-Line Environmental Compliance
Toolkit guidance
The scope, if executed, would provide an environmental assessment (EA) for
coordination through TxDOT.Should that scope change as a result of design changes,
or per guidance from TxDOT, then additional work shall be provided under a
supplemental work authorization.
E.PUBLIC INVOLVEMENT (23 CFR §771.111)
(This scope is for the corresponding section(s)as listed in the Public Involvement section of the
EA.)
36
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
The ENGINEERshall:
Perform public involvement activities in accordance with TAC, Title 43, Part 1, Chapter 2
and 36 CFR 800.2.
Develop a plan for public involvement activities. The Public Involvement Plan (PIP) shall
specify all activities to be performed and alternatives to be discussed during public
involvement activities and address the cultural and human environmental potential
impacts. Public involvement activities must be carried out in compliance with EO 13166
and EO 12898. The plan shall also discuss outreach strategies for both the general
public and targeted strategies for Environmental Justice and Limited English Proficiency
populations.
Compile, maintain and update a mailing list of people, agencies and organizations
interested in the Transportation Activity.
Make all arrangements and pay for meetings with stakeholders, public meetings and
hearings, including the site of the meetings, mailing and publishing notices, preparation
of exhibits, provision for taping or transcription of proceedings, and any other
arrangements as directed by the CITY. The ENGINEER’s Technical Expert shall not
hold public meetings or hearings in the absence of City and/or Statepersonnel.
o Stakeholder Meetings, assume a maximum of four (4)
o Public Meetings, assume a maximum of two (2)
o Public Hearing, assume a maximum of one (1)
Submit all legal notices to the CITY for review no less than two weeks prior to
publication.
Arrange a meeting with the CITY to review all exhibits and other materials to be used
prior to public meetings or hearings.
Obtain the CITY’s approval for all legal notices, exhibits, and other materials.
Provide personnel to staff meetings and hearings, including a translator and people to
perform registration, make presentations, and answer questions. Staffing levels of
personnel to be provided shall be identified.
Develop and submit to the CITY a public meeting documentation packet consistent with
the CITY AND/OR STATE’s Environmental Compliance Toolkits. The documentation
packet shall be included in the environmental document.
Develop and submit to the CITY and CITY AND/OR STATEa report consistent with the
Environmental Compliance Toolkits
37
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Develop and send acknowledgement letters and response letters to commenters at
public meetings or hearings. The ENGINEER’s Technical Expert shall not distribute
acknowledgement or response letters without prior approval by the CITY.
Develop, publish, and distribute a newsletter on the Transportation Activity, including
compiling and maintaining a mailing list, if directed by the City and/or State. The
ENGINEER’s Technical Expert shall not distribute the newsletter without prior approval
by the City and/or State.
F.TOPOGRAPHIC MAPPING/DESIGN SURVEYS
The Surveyor shall utilize Aerial Photography and Aerial Light Detection and Ranging (LiDAR)
services, as well as ground-based GPS data collection, conventional and terrestrial scanning
methods, to produce Planimetry and a Digital Terrain Model (DTM) with one (1) foot contours for
the City’s proposed feasibility study. This is requested generally along Hickory Creek Road, in
Denton County. Mapping, shall be provided for an approximately 1400’ foot wide corridor
centered on the existing projected alignment. All work shall be performed on City and/or State
Plane Coordinate System NAD 83 (2011), GEOID 12B, and adjusted to the Denton County
Surface Adjustment Factor (SAF) of 1.00015063.
1. PRIMARY CONTROL
The Surveyor will utilize a REAL TIME Network (RTN) to set 22 aerial panel points throughout
the project at pre-determined locales, collect data on each panel, verify up to four (4) existing
City of Denton control monuments, and set up to six (6)new control monuments (to TxDOT
Type II standards or equivalent markers in stable concrete structures) via Leica SmartNet RTN
utilizing the current TXDOT GPS Positioning Specifications for a Level 3 Survey and a level loop
(either 3-wire or digital) through each control point. The combined total number of control points
verified and/or set throughout the project shall not exceed ten (10) total monuments.
Deliverables: The Surveyor shall provide a 3D MicroStation V8i file, ASCII files of surface
coordinates, two (2) sets of signed and sealed 11"X17" control data sheets, and photos of each
primary control point in digital format. The Surveyor shall also produce an 11"x17" Survey
Control Index Sheet showing the overall project site and the locations of the primary survey
control set throughout the limits of the project. One copy of all deliverables in electronic format
on external digital media is required.
38
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
2. SECONDARY CONTROL
The Surveyor shall set additional secondary control, as necessary, to perform topographic
mapping and Right of Way mapping utilizing the current TXDOT GPS Positioning Specifications
for a Level 3 Survey. Control Data Sheets will not be prepared for any control monuments
located under this task.
Deliverables: The Surveyor shall providea 3D MicroStation V8i file, ASCII files of surface
coordinates, and photos of each primary control point in digital format. One copy of all
deliverables in electronic format on external digital media is required.
3.RIGHT-OF-ENTRY
The Surveyor shall prepare Right-of-Entry (ROE) permission letters for approximately 100
landowners within the project limits to be mailed by Certified Mail (Return Receipt requested) to
property owners for which entry onto their property may be required to collect obscured survey
data, set flight panels, collect creek cross sections, etc. A written response will be requested
either permitting or denying ROE. The Surveyor will make reasonable attempts to contact each
landowner verbally prior to conducting any fieldwork if a written response is not received. This is
limited to two mailing attempts. The Surveyor shall only access properties with documented land
owner permission and shall comply with all reasonable requests made known by said
landowners. A log with landowner permissions will be maintained.
Deliverables: PDF copy of ROE log spreadsheet along with copies of mailed right-of-entry
letters and received return receipts. One copy of all deliverables in electronic format on external
digital media is required.
4. AERIAL MAPPING
The Surveyor shall acquire Aerial Photography for Planimetry and LiDAR point cloud data 700
feet left and right of the project center line, as well as mapping side streets up to 300 feet from
centerline, with no cross flights being necessary. The photography shall be obtained under clear
skies with the absence of any environmental factors which may obscure conditions such as
haze, smoke, dust, snow, floodwaters etc. Photos shall be obtained at a sun angle no less than
30 degrees sun up. Digital Orthophotosshall be produced at a 0.25-foot pixel resolution. The
Surveyor shall electronically tone, balance and digitally rectify and mosaic the aerial images into
a seamless dataset. The mosaic images shall be cut into tiles that match the LiDAR and
ground-based survey. The Surveyor shall convert the aerial photography to TIFF and ECW
formats and reduce the file size of the individual tiles to no more than 10 megabytes each.
39
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Deliverables: Aerial photography in TIFF and Enhanced Compressed Wavelet (ECW) format cut
into tiles that match the LiDAR point cloud data for the overall limits of Hickory Creek Road. One
copy of all deliverables in electronic format on external digital media is required.
5. GROUND TRUTHING
The Surveyor shall provide twenty-five (25) ground truthing points throughout the project. Sixty
percent of all ground truthing points shall be collected on hard or roadway surfaces, with the
remaining forty percent collected on either natural ground surfaces or hard surfaces.
Deliverables: The Surveyor shall provide a CSV file to the Aerial Mapper for inclusion in QA/QC
process of the Aerial Mapping/LiDAR product.
6. DRAINAGE AND CREEK CROSS SECTIONS
The Surveyor shall tie all drainage outfalls throughout the limits of the apparent ROW, using
ground-based GPS data collection and conventional surveying methods, collecting flowlines,
headwalls, wing walls, within the limits of the apparent ROW. This shall include all culvert types,
including bridge class culverts, culvert crossings of Hickory Creek Road, and all driveway
culverts within the apparent ROW along Hickory Creek Road. The Surveyor shall note the type,
size and length of the structures at each outfall location andprovide georeferenced photos of
each structure and cross section with field sketches.
The Surveyor shall also collect accurate data on 5 creek crossings of Hickory Creek Road with
approximately 7 cross sections per creek. Each cross section at the 5 creeks will include: toe
and top of bank shots, grade break shots, at least 2 flowline shots, and 100 feet past the top of
bank (overbank) or to the closest privacy/property fence. Each existing culvert/bridge structures
details will include: opening dimension, top of rail, low chord at both ends of each side, inverts,
columns locations and widths, etc. Surveyor will locate the Finished Floor elevation of 2
residential structures, if possible and with landowner permission.
All ground-based GPS and conventional surveying shall be cut into tiles that match the LiDAR
and Aerial Photography dataset. The Surveyor shall also collect the same data for any culverts
along intersecting public roads up to 300 feet, left and right of the centerline of Hickory Creek
Road. The Surveyor shall locate and tie approximately 50 drainage structures within the limits of
the project.
40
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Deliverables: The Surveyor shall provide a 3D MicroStation V8i file, ASCII files of surface
coordinates, and photos of each drainage structure in digital format. One copy of all deliverables
in electronic format on external digital media is required.
7. AERIAL TOPOGRAPHIC MAPPING
The surveyor shall capture LiDAR point cloud data and aerial photography using aircraft
mounted sensors at an altitude equivalent to the width (1400 feet) of the project. LiDAR data
shall be processed using TxDOT style feature code library to identify all ground-based features.
Ground feature collection, DTM, Triangulated Irregular Network (TIN), DATA (DAT) files, and 1-
foot contours shall be extracted from the LiDAR point cloud data, supplemented with ground-
based GPS and Ortho -rectified photography. Aerial processing and feature collection shall
include but not be limited to, all visible surface utilities including, overhead power lines and
associated service poles, drainage structures, text and inscriptions on roadway regulatory signs
(excluding text and inscription for advertising signs ), mailboxes, driveways, parking areas,
building footprints, edge of pavements, creek channels, grade breaks, flow lines, fence lines,
ruins, cemeteries, man holes, fire hydrants, and any other feature visible and appropriate for 1”
= 50’ scale mapping. The processed LiDAR data shall be cut into tiles that match the aerial
photography and ground-based survey and reduce the file size of the individual tiles to no more
than 10mb each. The Surveyor shall incorporate all previous tasks into Task 4 and deliver the
final product on duplicate digital media acceptable to the City.
Deliverables: A DTM with 1-foot contours including ground-based Flow Line and outfall
structures in MicroStation 2D and 3D file format. LiDAR point cloud data in LAS file format cut
into tiles that match the aerial photography. A TIN file cut into tiles that match the aerial
photography and LiDAR point cloud data. A separate DAT and ASCII file cut to match each
associated aerial photography and LiDAR point cloud tile. In addition, orthorectified mapping at
the appropriate scale with all requested planimetry will be provided. One copy of all deliverables
in electronic format on external digital media is required.
8. ELEVATED STRUCTURE TOPOGRAPHIC SURVEYING
The Surveyor shall classify the aerial LiDAR data in conjunction with any additional data
collected by GPS, conventional or traditional methods, to determine the bridge surfaces,
elevations of Direct Connectors (DC's) and span lengths, without any need for high-level detail
underneath the bridges. The Surveyor shall collect break line data of the bridge centerline and
bridge surfaces edges. Break line data shall be merged with the LiDAR surface data and used
41
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
to construct a DTM of the bridge surface. From the data, the Surveyor shall determine contours
of the bridge surface at 1-foot intervals.
Deliverables: A DTM with 1-foot contours of the elevated structure decking in a 3D MicroStation
file format. One copy of all deliverables in electronic format on external digital media is
required.
9. SUPPLEMENTAL TOPOGRAPHIC SURVEYING
In areas where the ground and improvements are not visible due to tree canopy, dense
vegetation or ground cover, these area(s) shall be outlined and described as, “Obscured”, in the
final deliverables. Areas where ROE has not been granted shall be outlined and described as
“Inaccessible”. Once these areas have been identified, the Surveyor shall collect ground-based
data in all areas necessary where ROE has been approved and obscured to the aerial data
collection, to be collected by either GPS, conventional, or terrestrial scanning methods. These
areas shall be determined once the aerial data has been extracted and a preliminary plan file
has been created to identify the areas which lack dense vertical returns from the aerial flight
data. These areas shall be merged into the final Plan and DTM model deliverables.
Supplemental topography located within obscured areas shall be limited. Obscured areas shall
be prioritized by the City/Consultant ENGINEERPM and field effort will be expended to its limit
of authorized and estimated effort, based upon that prioritization.
Deliverables: The Surveyor shall provide a 3D MicroStation V8i file and ASCII files of surface
coordinates in digital format. One copy of all deliverables in electronic format on external digital
media is required.
10. ROW BASE MAP
The Surveyor shall identify the location of the existing or apparent ROW lines of Hickory Creek
Road within +/-1.0 foot by incorporating and analyzing existing and proposed ROW plans
obtained from various sources, to be combined with an on-the-ground field survey of existing
monuments. The information collected shall be used to produce an existing ROW MicroStation
base file consisting of points found and calculated, and the associated line work with the
included geometry and at all break points.
Deliverables: The Surveyor shall provide a 2D and a 3D MicroStation V8i file of the existing
ROW in digital format. One copy of all deliverables in electronic format on external digital media
is required.
42
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
G.SUBSURFACE UTILITY ENGINEERING
The ENGINEERshall complete a Quality Level B subsurface utility engineering (SUE)
investigation (inclusive of Quality Levels C and D) of the full project limits within the existing and
proposed right-of-way of Hickory Creek Road, estimated at up to 8,500 LF of Quality Level B at
13 intersections 200’ in each direction and up to 50,000 LF of Quality Level C and D. The
ENGINEERshall complete thirty (30) Quality Level A test holes as needed at potential utility
conflict locations.
Utility Engineering Investigation (Subsurface Utility Engineering) includes utility investigations
subsurface and above ground prepared in accordance with AASHTO standards \[ASCE C-1 38-
02 (http://www.fhwa.dot.gov/programadmin/asce.cfm)\] and Utility Quality Levels.
A.UTILITY QUALITY LEVELS
Utility Quality Levels are defined in cumulative order (least to greatest) as follows:
1.Quality Level D -Existing Records: Utilities are plotted from review of available existing
records-(assume full project limits within the existing and proposed ROW).
2.Quality Level C -Surface Visible Feature Survey: Quality level "D" information from
existing records is correlated with surveyed surface-visible features. Includes Quality Level D
information. If there are variances in the designated work area of Level D, a new schematic or
plan layout will be necessary to identify
the limits of the proposed project and the limits of the work area required for the work
authorization; including highway stations, limits within existing or proposed right of way,
additional areas outside the proposed right of way, and distances or areas to be included along
existing intersecting roadways (assume full project limits within the existing and proposed
ROW).
3.Quality Level B -Designate: Two-dimensional horizontal mapping. This information is
obtained through the application and interpretation of appropriate non-destructive surface
geophysical methods. Utility indications are referenced to established survey control.
Incorporates quality levels C and D information to produce Quality Level B.If there are
variances in the designated work area of Level D, a new schematic or plan layout will be
necessary to identify the limits of the proposed project and the limits of the work area required
43
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
for the work authorization; including highway stations, limits within existing or proposed right of
way, additional areas outside the proposed right of way, and distances or areas to be included
along existing intersecting roadways (assume up to 750,000 LF).
4.Quality Level A -Locate (Test Hole): Three-dimensional mapping and other
characterization data. This information is obtained through exposing utility facilities through test
holes and measuring and recording (to appropriate survey control) utility/environment data.
Incorporates quality levels B, C and D information to produce Quality Level A (assume up to 30
test holes).
B.DESIGNATE (QUALITY LEVEL B)
Designate means to indicate the horizontal location of underground utilities by the application
and interpretation of appropriate non-destructive surface geophysical techniques and reference
to established survey control. Designate (Quality Level B) Services are inclusive of Quality
levels C and D.
The ENGINEERshall:
1.As requested by the City compile "As Built" information from plans, plats and other
location data as provided by the utility owners.
2.Coordinate with utility owner when utility owner's policy is to designate their own facilities
at no cost for preliminary survey purposes. The ENGINEERshall examine utility owner's work to
assessaccuracy and completeness.
3.Designate, record, and mark the horizontal location of the existing utility facilities and
their service laterals to existing buildings using non-destructive surface geophysical techniques.
No storm sewer facilities are to be designated unless authorized by the City. A non-water base
paint, utilizing the APWA color code scheme, must be used on all surface markings of
underground utilities.
4.Correlate utility owner records with designating data and resolve discrepancies using
professional judgment. A color-coded composite utility facility plan with utility owner names,
quality levels, line sizes and subsurface utility locate (test hole) locations, shall be prepared and
delivered to the City. It is understood by both the ENGINEERand theCity that the line sizes of
44
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
designated utility facilities detailed on the deliverable are from the best available records and
that an actual line size is normally determined from a test hole vacuum excavation. A note must
be placed on the designate deliverable only that City and/or States "lines sizes are from best
available records". All above ground appurtenance locations must be included in the deliverable
to the City. This information shall be provided in the latest version of Micro Station or Geopak
used by the City. The electronic file will be delivered on CD or DVD, as required by the City. A
hard copy is required and must be signed, sealed, and dated by the ENGINEER. When
requested by the City, the designated utility information must be over laid onthe City’s design
plans.
5.Determine and inform the City of the approximate utility depths at critical locations as
determined by the City. This depth indication is understood by both the ENGINEERand the City
to be approximate only and is not intended to be used preparing the right of way and
construction plans.
6.Provide a monthly summary of work completed and in process with adequate detail to
verify compliance with agreed work schedule.
7.Close-out permits as required.
8.Clearly identify all utilities that were discovered from Quality Level C and D investigation,
but cannot be depicted in Quality Level B standards. These utilities must have a unique line
style and symbology in the designate (Quality Level B) deliverable.
9.Comply with all applicable City policy and procedural manuals.
C.SUBSURFACE UTILITY LOCATE (TEST HOLE) SERVICE (QUALITY LEVEL A)
Locate means to obtain precise horizontal and vertical position, material type, condition, size
and other data that may be obtainable about the utility facility and its surrounding environment
through exposure by non-destructive excavation techniques that protectsthe integrity of the
utility facility. Subsurface Utility Locate (Test Hole) Services (Quality Level A) are inclusive of
Quality Levels B, C, and D.
The ENGINEERshall:
45
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
1.Review requested test hole locations and advise the City in the development of an
appropriate locate (test hole) work plan relative to the existing utility infrastructure and
proposed highway design elements.
2.Coordinate with utility owner inspectors as may be required by law or utility owner policy.
3.Neatly cut and remove existing pavement material, such that the cut not to exceed 0.10
square meters (1.076 square feet) unless unusual circumstances exist.
4.Measure and record the following data on an appropriately formatted test hole data sheet
that has been sealed and dated by the ENGINEER:
a.Elevation of top and/or bottom of utility tied to the datum of the furnished plan.
b.Identify a minimum of two benchmarks utilized. Elevations shall be within an
accuracy of 15mm (.591 inches) of utilized benchmarks.
c.Elevation of existing grade over utility at test hole location.
d.Horizontal location referenced to project coordinate datum.
e.Outside diameter of pipe or width of duct banks and configuration of non-
encased multi-conduit systems.
f.Utility facility material(s).
g.Utility facility condition.
h.Pavement thickness and type.
i.Coating/Wrapping information and condition.
j.Unusual circumstances or field conditions.
5.Excavate test holes in such a manneras to prevent any damage to wrappings, coatings,
cathodic protection or other protective coverings and features. Water excavation can only be
utilized with written approval from the appropriate City Office.
6.Be responsible for any damage to the utility during the locating process. In the event of
damage, the ENGINEERshall stop work, notify the appropriate utility facility owner, the City
and appropriate regulatory agencies. The regulatory agencies include, but are not limited to
the Railroad Commission of Texas and the Texas Commission on Environmental Quality.
The ENGINEERshall not resume work until the utility facility owner has determined the
corrective action to be taken. The ENGINEERshall be liable for all costs involved in the
repair or replacement of the utility facility.
7.Back fill all excavations with appropriate material, compact backfill by mechanical means,
and restore pavement and surface material. The ENGINEERshall be responsible for the
integrity of the backfill and surface restoration for aperiod of three years. Install a marker
ribbon throughout the backfill.
46
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
8.Furnish and install a permanent above ground marker (as specified by the City, directly
above center line of the utility facility.
9.Provide complete restoration of work site and landscape to equal or better condition than
before excavation. If a work site and landscape is not appropriately restored, the
ENGINEERshall return to correct the condition at no extra charge to the City.
10.Plot utility location position information to scale and provide a comprehensive utility plan
sign and sealed by the responsible ENGINEER. This information shall be provided in the
latest version of Micro Station or Geopak format used by the City. The electronic file will be
delivered on C.D or DVD. When requested by the City, the Locate information must be over
laid on the City’s design plans.
11.Return plans, profiles, and test hole data sheets to the City. If requested, conduct a review
of the findings with the City.
12.Close-out permits as required.
Deliverables:
The ENGINEERshall provide to the following deliverables for the appropriate assigned task:
Field and CADD base mapping, in Microstation 2D format, for all SUE level
investigations with facilities noted including applicable level of SUE performed, date
services performed, type and size of facility, and ownership data of the facility.
PDF of SUE Level A Test Hole Data sheets.
Utility Layout Sheets are not included in this scope
H.RIGHT OF WAY MAPPING
The Surveyor shall perform surveying services generally described as Right of Way Mapping for
the creation of Property Descriptions for Hickory Creek Road from approximately Riverpass
Road to InterCity and/or State35W. This includes up to 21Property Descriptions.
The Surveyor shall create an Abstract Map. The Surveyor shall create Right of Way Map
Sheets which will include a Title Sheet, Control Sheet, and Right of Way Plan Sheet. The
Surveyor shall define and establish the boundary lines adjoining the highway facility of all parent
tracts where a propertyinterest will be acquired from the parent tract or is located within the
project limits for this Right of Way Mapping Project. The Surveyor shall define all existing right
of way boundaries along with all existing property rights of record, discovered during the
ordinary course of the Surveyor’s research (fee, easement, and access rights) of the roadways
47
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
located within the limits of this Right of Way Mapping Project. All adjoining property owners
shall be identified and permission to survey on their property shall be requested, if required. The
Surveyor shall research and locate all recorded and visible utility transmission easements
located with the Project limits. Monuments consisting of 5/8” iron rods with plastic caps or other
suitable and equivalentmarkers shall be set at all break points on the new Right of Way Lines
and the existing Right of Way Lines, which are not being replaced by the new right of way lines,
within the project limits. The surveyor is not required to set any TxDOT Type II style Right of
Way monuments. The Surveyor shall create Property Descriptions (exhibit A Documents) for all
parcels to be acquired for this Right of Way Mapping Project.
1. ABSTRACTING AND OWNERSHIP LIST
The Surveyor shall research public records to obtain names, physical addresses, mailing
addresses, and telephone numbers, if available, of all property owners that adjoin and are within
the ROW Mapping project limits. The surveyor shall fill out an Excel Spread sheet with the
found information. The Surveyor shall obtain copies of all parent tract recorded deeds and
current subdivision plats within the project limits and obtain copies of all existing right of way
deeds within the project limits.
Deliverables: The excel spread sheet that includes information ofall property owners within the
described limits.
2. RIGHT OF ENTRY LETTERS
The Surveyor shall re-notify landowners by letter, email or phone contact before accessing
properties for Right of Way Mapping. This will include sending Right of Entry letters to those
landowners that were non-responsive in the first notification during the topographic survey and
new landowners. This is limited to two mailing attempts. Surveyor shall coordinate the data to
verifythat private property will not be entered onto where no right of entry has been obtained.
Deliverables:
Updated PDF copy of ROE log spreadsheet along with copies of new mailed right-of-entry
letters and received return receipts.
3. VERIFY EXISTING CONTROL
The Surveyor shall verify existing project control as set in the topographic surveying Task.
Deliverables:
48
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Provide a spread sheet showing control residuals.
4. INTERIM ROW MAP SHEET AND PROPERTY DESCRIPTIONS
The Surveyor shall provide one ROW map sheet and two Property Descriptions (stamped
Preliminary and unsigned) that are shown on the ROW map sheet, to the City/Subconsultant
ENGINEERfor review for formatting purposes and content.
Deliverables:
A scanned PDF of on one map sheet (22” x 34”) and two Property Descriptions (unsigned) that
are shown on the ROW map sheet. Products for this task shall be reviewed only once.
5. ABSTRACT MAP
The Surveyor shall create an Abstract Map for the ROW Mapping Project. The final Micro-
Station files that define the locations of the new right of way lines, easementlines, denial of
access lines and project baselines shall be overlaid onto the Abstract Map. Parcel numbers
shall be assigned and shown on the Abstract Map. The Surveyor shall locate and recover
survey monuments located on the existing ROW lines, adjoining property corners and rear
property corners where right of entry has been granted.
Deliverables:
An electronic file of the Abstract Map containing all electronic files to reprint the map, shall be
provided.
6. PROPERTY DESCRIPTIONS
The Surveyor shall create up to 21Property Descriptions for the Parcels generally along Hickory
Creek Road from approximately Riverpass Road to InterCity and/or State35W. The Surveyor
shall include all fee, easements, and affidavit parcels. The Surveyor shall provide scanned
PDF’s of all preliminary Property Descriptions and any preliminary ROW map sheets for review
before the submittal of Signed and Sealed Property Descriptions.
Deliverables:
One set of Property Descriptions each with original signatures and seals, and one set of Parcel
Calculation sheets. A CD with PDF’s of each description, calculation sheets.
49
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
7. RAILROAD PROPERTYTOPO AND DESCRIPTIONS
The Surveyor shall create Property Descriptions for one (1) Parcel each along the Union Pacific
Railroad and the Burlington Northern Railroad ROW’s that cross Hickory Creek Road. The
Surveyor will gather railroad topographic information from railroad ROW to railroad ROW for
2000 feet on both sides of the centerline of Hickory Creek Road. This Task includes obtaining
Right of Entry from both railroads (or using alternative technologies to obtain topographic
railroad information), using railroad approved flaggers for train traffic control and safety
procedures and other associated tasks for railroad coordination.
Deliverables:
One set of Property Descriptions each with original signatures and seals, and one set of Parcel
Calculation sheets. A CD with PDF’s of each description, calculation sheets.
8. GIS DATABASE
The Surveyor shall create a GIS Map set (Geodatabase) that is similar to the current TxDOT
GIS standard deliverables.
Deliverables:
A CD or DVD shall be created for the GIS Map set (Geodatabase).
9. ROW MAP SHEETS
The Surveyor shall create a set of ROW map sheets printed on paper copy print at full size (22”
x 34”). The ROW map shall show all found utility easements along with associated recording
data for each easement. All recorded conveyance documents for the existing ROW, drainage
easements shall be shown. If a recorded instrument cannot be found, then the City and/or
Statement "No Deed of Record Found" shall be shown for that portion of the existing ROW. All
proposed ROW lines and current known proposed Easements shall be identified. All Parcels
shall be numbered and parent tract owner’s name and recording instrument shall be shown.
Parcels that are shown on multiple sheets shall only be described on the sheet in which the fee
block is shown (Unless the parcel is too big to fit on a single sheet). The City and/or Statement
“See Sheet “X” for Parcel “X”” shall be placed near said parcel. Station-Offsets and Surface
Coordinates shall be identified at each break in the existing and proposed ROW (Station-Offsets
and Surface Coordinates do not need to beshown on the existing ROW if it’s included in a
take). Station-Offsets shall correlate with the EXHIBIT “A” documents (Extremes on the
50
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
proposed ROW). Tick marks with Grid coordinates shall be placed in the 4 (Four) corners of the
map sheets with the Grid coordinate shown.
Deliverables:
The surveyor shall send one complete set of 22” x 34” paper copy print, three complete sets of
11” x 17” paper copy print, and a PDF of the map sheets made from the Micro-Station files.
10. FINAL DELIVERABLES
The Surveyor shall create a data transfer disk (CD or DVD), external hard drive, or thumb drive
which contains a PDF of all Property Descriptions, ROE letters with responses, and contain
PDF files of all individual Map Sheets for the ROW Mapping Project. The PDF files are to be
created directly from the Micro-Station Map Sheets. The data transfer device shall also contain
all electronic files to reprint all “Exhibit A’s” and Right of Way Map Sheets.
Deliverables:
One dated data transfer disk (CD or DVD), external hard drive, or thumb drive containing all
right of way deeds, parent tract deeds, adjoining tract deeds, subdivision plats, and ROE letters
with responses shall be submitted as scanned PDF copies stored on a disk. A completed copy
of the Owner Excel sheet, a PDF of the map sheets made from the Micro-Station files, GIS file,
and a set of all electronic files required to reprint the EXHIBIT “A” Documents, the map sheet
files, and the Mapping Project map set shall be submitted.
I.RIGHT OF WAY ACQUISITION
A. Communication
1.Upon request attend monthly status meeting with the City to request approval of
appraisals, counter offers, relocation packages and other items that require the input
or approval of the City.
2.Provide to the City a weekly status report indicating tasks completed and tasks
remaining in order to bring each parcel into possession. The comment section will
denote the latest activity on the parcel.
B.File Management
1.Parcel acquisition files will be kept up to date at ENGINEER’s office with all
permanent records transferred to the City at the completion of the project.
51
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
2.The acquisition file shall contain the following but is not limited to:
a.Major and Council approval
b.All mailings to property owners
c.Contact log in chronological order from latest to earliest communications
d.Appraisal and appraisal review
e.Fully executed memorandum of agreement
f.Original recorded deed
g.Partial releases, subordination agreements and other curative documents
h.Original title policy
i.Fully executed SettlementCity and/or Statement
C.Right of Entry (ROE)
1.Request permission for ROE from a list of properties provided by the City
a.Prepare property owner contact list based on CAD information
b.Make telephone contact with property owners prior to sending the request if
possible
c.Mail a letter of explanation with a ROE form requesting permission for ROE.
d.Make up to five attempts to contact and obtain ROE for each parcel
e.Make up to one site visit if necessary
f.Email copy of executed ROE to the City as soon as it is received
g.If contact is not successful, notify the City immediately
h.If ROE is not granted after contact is made, notify the City immediately
D.Title and Closing Services
1.When surveys are received, secure a title commitment.
2.Obtain title commitment updates periodically as well as prior to closing or when
submitting an ED package to City Attorney.
3.Secure title insurance for all parcels acquired, insuring acceptable title to the City.
All of Schedule C will be cleared prior to closing. Certain exceptions on Schedule B
may have to be cleared prior to closing. A determination of that will be made by the
City.
a.If title curative efforts are outside of what is normal required, i.e. researching
unknown heirs, obtaining more than a few releases, working with bankruptcy
courts or working through complex lender requirements, this work will be
52
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
considered Additional Services and is not included in this scope of work. The
fee for curative services for this parcel will be negotiated and a supplement to
the acquisition provider’s contract will be required.
b.Fees imposed by lenders for partial releases will be paid by the City. A
request for a check summarizing the need for the check along with backup
documentation will be emailed to the City.
4.All title company premium fees including incidental fees will be paid as a pass
through cost by the City.
5.A W9 for the property owneralong with the closing City and/or Statement and wiring
instructions will be emailed to the City requesting funds for closing.
6.Closings will be coordinated by the title company.
E.Appraisal and Appraisal Reviews
1.ENGINEERwill provide a copy of the permission for ROE to the appraiser. If no
ROE has been previously obtained for appraisal, the appraiser will obtain ROE
before entering onto the subject property.
2.Appraisers shall conduct a pre-appraisal contact with the property owner.
3.Appraisers shall afford the property owner or their representative the opportunity to
accompany the appraiser during their inspection of the property.
4.The reports shall conform to the Uniform Standards of Professional Appraisal
Practices.
5.The appraiser shall notify the PM of any environmental concerns associated with the
right of way (ROW) being acquired which could require re-mediation.
6.All appraisals will be administratively reviewed. After receiving the draft appraisal
report, it will be delivered to the Review Appraiser. The Review Appraiser will verify
that the report has:
a.consistency of values
b.supporting documentation available to support the conclusion reached
c.compliant with the Uniform Standards of Professional Appraisal Practices
7.The Review Appraiser will coordinate as necessary with the Appraiser regarding any
revisions or comments which may be required.
8.The Appraiser and Review Appraiser will be available for updating the report for
eminent domain proceedings. The fees for the appraisal updates and expert witness
preparation and testimony are not included in this scope of work. The fee for
53
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
appraisal updates and expert witness preparation and testimony will be negotiated
and a supplement to ENGINEER’s contract will be required.
9.When the Appraisal is finalized,the Appraisal along with the Review will be
submitted to the City for final approval prior to making an offer.
F.Negotiation Services
1.All acquisitions will comply with CFR Part 24 and the Uniform Relocation Assistance
and Real Property Act of 1970 (Uniform Act).
2.Prepare and send an Introduction letter along with the Landowners’ Bill of Rights by
Certified Mail-Return Receipt Requested (CMRRR) according to the address shown
on DCAD.
3.A written offer, appraisal report and required brochures will be sent to each property
owner through CMRRR.
4.Up to five follow-up contacts will be made with each property owner with a goal to
reach an agreement conducive to all parties.
5.If the property owner choses to make a counter offer, ENGINEERwill advise them to
provide a written and signed letter along with the appropriate backup documentation
in support of the counter offer.
6.ENGINEERwill provide to the City a written summary memo along with the counter
offer.
7.Once an agreement has been reached, the necessary instruments (Memorandum of
Agreement (MOA), Deed and W9) will be secured and provided to the title company
in request of a settlement City and/or Statement.
8.Upon receipt of the funds to close, the title company will coordinate a closing date
with the owner as well as an ENGINEERrepresentative.
9.The acquisition will close and all original executed and recorded documents will be
delivered to ENGINEERor the City (whicheveris the preference of the City).
10.If after 30 days of negotiations an impasse has been determined or the property
owner is non-responsive, and following such notification to the City Real Estate
Division and confirmation that acquisition by eminent domain has been granted by
the City Council, a Final Offer Letter (FOL) will be delivered by CMRRR along with
the draft conveyance document and MOA.
54
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
11.If after an additional 14 days (FOL period) an agreement still has not been reached,
an Eminent Domain package will be assembled and delivered to the City Real Estate
Division.
G. Eminent Domain (ED)
1.For parcels where negotiations were unsuccessful or because of incurable title issues,
an ED Package will be assembled and delivered to City Real Estate Division containing
copies of the following documents:
a.Intro Letter
b.Appraisal
c.Review Appraisal
d.Offer Letter with CMRRR
e.Final Offer Letter with CMRRR
f.Acknowledgment of LBOR
g.Acknowledgment of Appraisal
h.Draft conveyance documents
i.Survey
j.Updated title commitment
k.Title backup documents
l.Counter Offer
m.Administrative Settlement package presented to City
n.Agent notes
o.All correspondence with landowner including emails
2.ENGINEERwill be available to answer questions from the City’s attorney during the
Condemnation process as necessary
3.Order an updated Appraisal and Review Appraisal when requested by the City’s
attorney
4.Obtain a copy of the petition and send it to title company to verify they are satisfied
that all necessary parties have been named
5.ENGINEERwill send a representative to attend the Special Commissioners Hearing
if the attorney so requests
6.Obtain signed Award and submit payment request to City forfunds to be deposited
into the registry of the Court
7.When deposit has been made, take “day of take” photos of the ROW
55
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
8.Notify the Attorney that the funds have been deposited and request that they send
the Notice of Deposit to all parties within 48 hours
9.Obtain from Commissioners a signed W9 with social security number
10.Obtain from the Attorney the Commissioners Cost Sheet filled in by the Judge
11.Submit payment requests to City for Payment of Special Commissioners
12.If no objections were filed, obtain a certified copy of the signed Judgment from
County Clerk’soffice and request a title policy
Should a parcel’s ownership change after negotiations have begun, an amendment to the
contract foradditional ROW services and fees would be necessary. In addition, should a
parcel split into two or more parcels after negotiations have begun, an amendmentto the
contract for additional ROW services and feeswould be necessary.
J.PLANS SPECIFICATION AND ESTIMATE (PS&E)
This scope of services is submitted to prepare final design plans for improvements of Hickory
Creek Road from Riverpass Drive to west of the Country Club (FM1830) Intersection located in
Denton, Texas. The improvements requested by the City are:
Option 1: Improvements to include a grade separation over the KCS RR. Additional
improvements include the following:
Removal of existing roadway, non-franchise utilities, signing and driveways.
Assumes all fencing to be relocated as part of the ROW acquisition process.
Removal of existing RR equipment.
Proposed low speed roadway (40 mph design) will include 2 lanes in each
direction with accommodations for a future interior widening to a total of 6
lanes. Driveways and turn bays at intersections and side streets will match
the proposed schematic. Roadway will include curbs, concrete pavement and
sidewalks.
Intersection improvements at Country Club willmatch the proposed schematic.
Retaining walls are assumed along the approach roadway adjacent to the RR
crossing.
Closed storm drains and cross culverts will be designed accommodate the
applicable design event. Supplemental grading will be included to address
floodplain mitigation.
Proposed signals will be included at the intersection of Hickory Creek and FM
1830.
Proposed RR Bridge will utilize TxDOT beams, rails and standards and will
accommodate 6 lanes and sidewalks and clear the existing RR tracks and
possible second track with the required 23’ vertical clearance.
56
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Proposed Hickory Creek Bridge will utilize TxDOT beams, rails and standards
and will accommodate 6 lanes and sidewalks and allow for 2’ of freeboard
above the required design event, and any required scour protection.
No Landscaping or Hardscape elements are assumed. Also assumes no
environmental mitigation work will be required.
Continuous lighting using City of Denton provided details are assumed.
Option 2: Improvements to include an at-grade intersection with the KCS RR. Additional
improvements include the following:
Removal of existing roadway, non-franchise utilities, signing and driveways.
Assumes all fencing to be relocated as part of the ROW acquisition process.
Removal of existing and replacement/upgrade RR equipment.
Proposed low speed roadway (40 mph design) will include 2 lanes in each
direction with accommodations for a future interior widening to a total of 6
lanes. Driveways and turn bays at intersections and side streets will match
the proposed schematic. Roadway will include curbs, concrete pavement and
sidewalks.
Intersection improvements at Country Club will match the proposed schematic.
Closed storm drains will designed accommodate the applicable design event.
Supplemental grading will be included to address floodplain mitigation.
Proposed signals will be included at the intersection of Hickory Creek and FM
1830.
RR signal improvements for the proposed roadway and accommodations for
pedestrian movements.
Proposed RR Bridge will utilize TxDOT beams, rails and standards and will
accommodate 6 lanes and sidewalks and clear the existing RR tracks and
possible second track with the required 23’ vertical clearance.
Proposed Hickory Creek Bridge will utilize TxDOT beams, rails and standards
and will accommodate 6 lanes and sidewalks and allow for 2’ of freeboard
above the required design event, and any required scour protection.
No Landscaping or Hardscape elements are assumed. Also assumes no
environmental mitigation work will be required.
Continuous lighting using City of Denton provided details are assumed.
Submittals.
1.Railroad Agreements and Layouts. The ENGINEERshall assist in the preparation of the
railroad agreement and prepare Exhibit A documents and layout sheet in accordance with the
requirements of the railroad. The ENGINEERshall submit each exhibit to the City for review
and processing.
2.Prepare Interimset of plans (60% Submittal), quantity estimates, and cost estimates for the
proposed improvements. Plans will include:
o Typical sections
o Removal plans
o Paving plans
o Intersection plans
57
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
o Bridge plans without details
o Retaining Wall plans without details
o Update Preliminary Hydraulic Report
o Geotech Boring locations
o Drainage systems plans without details
o Traffic Control plans
o Signal Plans without details
o Illumination plans without details
o Pavement Markings and Signs plans without details
o Utility Plans (Water & Sanitary Sewer) without details
o Cross sections
o Applicable standard details
The plans will be prepared according to City of Denton standards. Submit five hard copy
and one electronic set of plans to the City for review. . Meet with the City to discuss draft
submittal comments. One (1) meeting is assumed for budget purposes.
3.Prepare Pre-Final set of plans (90% Submittal), quantity estimates, and cost estimates for the
proposed improvements. Plans will include:
o General notes
o Typical sections
o Removal plans
o Paving plans
o Bridge plans & details
o Retaining Wall plans & details
o Revised Hydraulic Report
o Geotech Boring locations & geotechnical recommendations
o Drainage systems plans & details
o Traffic Control & Erosion Control plans
o Signal Plans & details
o Illuminationplans & details
o Pavement Markings and Signs & details
o Utility Plans (Water & Sanitary Sewer) with details
o Cross sections
o Applicable standard details
The plans will be prepared according to City of Denton standards. Submit five hard copy
and one electronicset of plans to the City for review. Meet with the City to discuss draft
submittal comments. One (1) meeting is assumed for budget purposes.
4.Prepare final set of plans (100% Signed/Sealed Submittal) that addresses comments from the
City. The final submittal will include one hard (paper) copy and one electronic copy.
5.Coordinate project information with Utility companies, based on a SUE Level B designations.
58
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
The City will provide existing utilities (water, sewer, signal electrical/ITS) per the City’s GIS and
as-built record information. Any changes to the assumed Scope of Services may result in
increased project costs. Assumes all ROW tasks will be completed under the Schematic
development process.
Roadway Design.The ENGINEERshall prepare roadway plans, profiles and typical sections
for the proposed improvements.
The plans must be consistent with the schematic design and will include a plan and profile
of the Hickory Creek, Hilltop and Country Club, intersection layouts and include drainage
structures, sidewalks, geometrics, driveways, median, signalization, and transitions to
existing roadway.
The ENGINEERshall prepare typical sections for all proposed and existing roadways and
structures. Typical sections must include width of travel lanes, shoulders, outer
separations, border widths, curb offsets, walls, and ROW.
The ENGINEERshall prepare removal plans.
The ENGINEERshall perform the pavement design to meet the City’s design
requirements.
The ENGINEERshall develop an earthwork analysis to determine cut and fill quantities
and provide final design cross sections at 50 feet intervals. Cross sections and quantities
must include existing pavement removals.
Bridge Design.The ENGINEERshall prepare structural plans and details for the proposed
improvements.
At Hickory Creek:Assume one bridge of six lanes with 3 spans of 110 ft. each for a total length
of 330 ft.No twin bridge.No calculation book. No aesthetic treatments. Use TxDOT specs. Use
TxDOT standard bridge railing.
Plans and details to be provided:
Gather Data & General Notes –Gather all existing information for the area that is
available.Obtain geotechnical recommendations and boring logs. Develop general
notes for the project as necessary to clarify TxDOT specs.
Bridge Type Selection –Coordinate with Roadway and H&H on developing the bridge
crossing. Determine the optimum beam system for the crossing.
Bridge Layouts –prepare bridge layouts showing Plan, Elevation, and Typical Sections
views following TxDOT’s Bridge Detailing Manual.
Boring Log Sheet –prepare a boring log sheet as a standalone sheet to avoid cluttering
the Bridge Layout
3D BIM Model –Prepare a 3D BIM Model of the bridge for project coordination to
minimize conflicts
Bridge Summary Table –Prepare a summary table of Estimated Bridge Quantities.
Perform calculations for elevations and beam designs.Design per AASHTO LRFD
Bridge with TxDOT exceptions in the Bridge Design Manual.
59
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Prepare foundation details and calculations –Coordinate with Geotechnical ENGINEER
on foundation loads and resulting soil capacities.Compute required foundation lengths
and quantities. Provide details with the TxDOT Standards.
Riprap Layout Sheet –Develop a Riprap Layout Sheet at the bridge in order to clarify
the intent of the riprap shape.
Prepare Abutment Details and Design
Prepare Bent Details and Design
Prepare Framing Plan and BGS run
Prepare Deck Plan
Assemble TxDOT Bridge Standards
Shop Drawing Review/RFIs –Review shop drawings for precast concrete elements, for
bearing pads, and for metal expansion joints or any metal railing component.
Drainage Design.The ENGINEERshall prepare drainage plans and details for the proposed
improvements.
Storm Drains. The ENGINEERshall provide the following services:
Design and analyze storm drains using software as approved by the City.
Size inlets, laterals, trunk line and outfall. Develop designs that minimize the
interference with the passage of traffic or incur damage to the highway and local
property in accordance with the Project’s Design Criteria.
Determine hydraulic grade line starting at the outfall channel for each storm drain
design. Use the design water surface elevation of the outfall as the starting basis
(tailwater) for the design of the proposed storm sewer system.
Calculate manhole headlosses. Compute manhole head losses as per FHWA’s HEC-
22.
Limit discharge into existing storm drains and existing outfalls to the capacity of the
existing system, which will be determined by the ENGINEER. Evaluate alternate flow
routes or detention, if necessary, to relieve system overload. Determine the amount of
the total detention storage to control storm drain runoff for the design frequency based
on hydrograph routing for the full range of frequencies (50%, 20% 10%, 4%, 2%, 1%,
and 0.2% AEP), as well as a rough estimate of the available on-site volume. When
oversized storm drains are used for detention, the ENGINEERshall evaluate the
hydraulic gradeline throughout the whole system, within project limits, for the design
frequency or frequencies. The ENGINEERshall coordinate with the City any proposed
changes to the detention systems. The City will assess the effects of such changes on
the comprehensive drainage studies.
Identify areas requiring trench protection, excavation, shoring, and de-watering.
Cross-Drainage Structures. The ENGINEERshall provide the following services:
Determine drainage areas and flows for cross culvert drainage systems.
Determine the sizing of the drainage crossings. The scope may include extending,
adjusting or replacing non bridge-class culvert crossing or crossings. Develop designs
that minimize the interference with the passage of traffic or cause damage to the
60
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
roadway and local property in accordance with the City’s Design Criteria. Cross
drainage design shall be performed using HY-8 or HEC-RAS.
Scour Analysis. The ENGINEERshall provide the following services:
Perform a scour analysis for the proposed bridge structure.
The ENGINEERshall select the methodology based on the site conditions such as the
presence of cohesive or cohesionless soil, rock or depth of rock, proposed foundation
type, and existing site performance. The ENGINEERshall follow the methodology
outlined in the TxDOT’s Geotechnical Manual.
Provide the potential scour depths, envelope and any recommended countermeasures
including bridge design modifications and/or revetment.
PS&E Development for Drainage. The ENGINEERshall provide the following services:
Include the following sheets and documents, as appropriate:
o Hydrologic Data Sheets
o Hydraulic Data Sheets -following TxDOT’s presentation format
o Scour Data Sheets
o Drainage Area Maps
o Culvert Layout Sheets
o Storm Drain Plan/Profile Sheets
o Drainage Calculation Sheets
o Detention Pond Layouts & Details
o Scour Protection Plans (if needed)
o Summary of Quantities
Identify areas requiring trench protection, excavation, shoring and de-watering.
If applicable, prepare plan and profile sheets for storm drain systems and outfall ditches.
Select any necessary standard details for items such as inlets, manholes, junction boxes
and end treatments.
Prepare details for non-standard inlets, manholes and junction boxes.
Prepare drainage details for outlet protection, outlet structures and utility accommodation
structures
Identify pipe strength requirements
Identify potential utility conflicts and, if feasible, design to mitigate or avoid those identified
conflicts.
Consider pedestrian facilities, utility impacts, driveway grades, retaining walland concrete
traffic barrier drainage impacts.
Identify existing ground elevation profiles at the ROW lines on storm sewer plan and
profile sheets.
Prepare Hydraulic Data Sheets for any bridge or cross drainage structures at the outfall
channel and indicate site location (e.g., station and name of creek or bayou), if applicable.
Bridge deck drainage systems, including internal drainage piping within the bents where required
on structures.
Detention ponds, associated outlet structures, and details,if applicable.
61
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Traffic Control.The ENGINEERshall prepare Traffic Control Plans (TCP) including TCP typical
sections, for the project. A detailed TCP must be developed in accordance with the latest
edition of the TMUTCD. The ENGINEERshall:
Provide a written narrative of the construction sequencing and work activities per phase and
determine the existing and proposed traffic control devices (regulatory signs, warning signs,
guide signs, route markers, construction pavement markings, barricades, flag personnel,
temporary traffic signals, etc.) to be used to handle traffic during each construction sequence.
The ENGINEERshall show proposed traffic control devices at grade intersections during each
construction phase (stop signs, flag person, signals, etc.). The ENGINEERshall show
temporary roadways, ramps, structures and detours required to maintain lane continuity
throughout the construction phasing. If temporary shoring is required, prepare layouts and
show the limits on the applicable TCP.
Develop each TCP to provide continuous, safe access to each adjacent property during all
phases of construction and to preserve existing access. The ENGINEERshall notify the City
in the event existing access must be eliminated, and must receive approval from the City prior
to any elimination of existing access.
Design temporary drainage to replace existing drainage disturbed by construction activities or
to drain detour pavement. The ENGINEERshall show horizontal and vertical location of
culverts and required cross sectional area of culverts.
The TCP must include interim signing for every phase of construction. Interim signing must
include regulatory, warning, construction, route, and guide signs.
Maintain continuous access to abutting properties during all phases of the TCP. The
ENGINEERshall develop a list of each abutting property along its alignment.
The ENGINEERshall identify and coordinate with all utility companies for relocations required.
Identify and delineate any outstanding ROW parcels
Plans will show limits of wetlands, if applicable
Railroad Coordination. The ENGINEERwill assist in the coordination of the proposed grade
separation at the KCS RR. The ENGINEERshall coordinate with the railroad and the City to
determine submittal requirements, processing schedules, and exhibit formats. The
ENGINEERwill support City to develop Force Account documents to allow KCS to review the
proposedproject. The ENGINEERwill acquire the required RR Insurance and Right of Entry
needed to enter the KCS ROW following receiving authorization by KCS.
Signing Design. The ENGINEERshall prepare drawings, specifications, and details for all signs.
The ENGINEERshall:
Prepare summary of small signs to be removed, relocated, or replaced.
Illustrate and number the proposed signs on plan sheets.
Sign details for non-standard small signs
Select eachsign foundation.
62
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Pavement Marking. TheENGINEERshall detail both permanent and temporary pavement
markings and channelization devices on plan sheets. The ENGINEERshall select Pavement
markings from the latest City details and standards.
Signal Design.Signal design will involve the following tasksto prepare signal plans for the
Country Club/Hickory Creek Road intersection.
The City will provide traffic counts and turning movement counts to be collected for 24 hours
for the approaches at the intersections of Hickory Creek Road and Country Club (FM1830)
Traffic warrant studies will be performed to determine if a traffic signal is required at the
intersection
Signal plans will include signal pole and head location/details, and pedestrian pole locations
and details. The plans will be prepared according to City of Denton standards, then TxDOT
standards.
No Temporary signals are assumed
Illumination Design.TheENGINEERshall include continuous lighting plans for the project. .
The ENGINEERshall provide a preliminary layout as part of the 60% submittal. The
ENGINEERshall prepare circuit wiring diagrams showing the number of luminaries on each
circuit, electrical conductors, length of runs, service pole assemblies. Underpass lighting must
be used on the RR structure.
Storm Water Pollution Prevention Plans (SW3P).The ENGINEERshall develop SW3P, on
separate sheets from (but in conformance with) the TCP, to minimize potential impact to receiving
waterways. The SW3P must include text describing the plan, quantities, type, phase and
locations of erosion control devices and any required permanent erosion control.
Geotechnical Investigation. Geotechnical investigation will be performed to determine paving
section, foundations and backfill requirements. The field investigation includes 2 borings each
at 15 feet depth and 2 borings each at 100 feet depth for the creek bridge. D50 sampling will
also be required to assess scour potential. An engineering report will be prepared including:
soil and groundwater conditions encountered at the boring locations; earthwork
recommendations, including material and compaction requirements; foundation designs; wall
requirements (if needed as part of the option work); construction considerations related to soil
and groundwater conditions at the borings; underground utility backfill recommendations; and
street pavement recommendations.
63
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Project Management and Coordination. The ENGINEERshall coordinate all subconsultant’s
activity to include quality of and consistency of plans and administration of the invoices and
monthly progress reports. The ENGINEERshall submit a monthly written progress report to
the City’s Project Manager regardless of whether the ENGINEERis invoicing for that month.
The ENGINEER’s written progress report shall describe activities during the reporting period;
activities planned for the following period; problems encountered and actions taken to remedy
them; list of meetings attended; and overall status, including a per cent complete by task.
The ENGINEERshall prepare a design time schedule and an estimated construction contract
time schedule, the schedules shall indicate tasks, subtasks, critical dates, milestones,
deliverables and review requirements in a format that depicts the interdependence of the
various items. The ENGINEERshall schedule milestone submittals at 60%, 90% and final
project completion phases.
The ENGINEER, in association with the City’s Project Manager shall be responsible for directing
and coordinating all activities associated with the project to comply with City policies and
procedures, and to deliver that work on time.
The ENGINEERshall:
Prepare monthly written progress reports for each project.
Develop and maintain a detailed project schedule to track project progress.
Meet on a scheduled basis with the City to review project progress.
Prepare, distribute, and file both written and electronic correspondence.
Prepare and distribute meeting minutes.
Document phone calls and conference calls as required during the project to coordinate the
work for various team members.
OPTION WORK. The City will direct the ENGINEERprior to NTP for the PS&E which of the
below Options the ENGINEERis to proceed with final design.
OPTION1 –Grade Separation @ KCS
At RR:Assume onebridge (Six lanes. 570 ft. long with 5 spans including a main span of 130 ft.
with all other spans at 110 ft. No twin bridge. No calculation book. No aesthetic treatments. Use
TxDOT Specs. Use TxDOT standard bridge railing with fence over RR ROW.) Sheetsnot
included in the above work include:
Under bridge lighting support details at RR bridge
Prepare fence details over RR ROW
64
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Wall Design.The ENGINEERshall prepare plans and details for the proposed improvements for
anticipated MSE walls adjacent to theRR crossing
The ENGINEERshall develop each retaining wall design and determine the location of each soil
boring needed for the foundation design of each retaining wall. The approximate limits of each
retaining wall shall be based on Station or length. TheENGINEERshall prepare the retaining
wall layouts showing plan and profile. The ENGINEERis responsible for design of geometry
and wall stability. The ENGINEERshall incorporate a slope of 4:1 or flatter from the existing
and finished ground line elevation to the face of the retaining wall.
The ENGINEERshall perform design calculations to check the external stability of the walls
including slope stability, bearing, sliding and overturning and detail drawings...
Geotechnical Investigation. Geotechnicalinvestigation will be performed to determine bridge
foundation design and MSE wall requirements. The field investigation includes 3 borings each
at 100 feet depth and 8 borings of 25 feet depth for the MSE walls.
Removals. The ENGINEERshall prepare a removal plans detailing the removal of KCS
equipment and work to be performed by the City’s Contractor or by KCS forces.
OPTION2 –At-Grade Intersection @ KCS
Railroad Signal Layout and Performance Specification. The ENGINEERshall prepare a
signal layout and supporting plans detailing the removal and/or installation of KCS equipment
and work to be performed by the City’s Contractor or by KCS forces. The ENGINEERshall
also prepare a performance specification meeting KCS requirements that detail additional
requirements for the signal/intersection operation.
Bid Services and/or Shop Drawing Review. The ENGINEERshall support the City’s Project
Bidding and structural shop drawing review.
Additional Services beyond the Scope of Services.Additional work may include additional
Design Survey, SUE, more extensive Geotechnical borings, and Construction Phase Services.
ENGINEERwill document additional work requests from the OWNER and obtain prior approval
before completing any additional tasks beyond the approved Scope of Services.
65
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
66
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
K.TRAVEL DEMAND MODELING
1.IDENTIFY FUTURE LANDUSE AND REVIEW CURRENT ROADWAY NETWORK
FOR NEEDS AND IMPROVEMENTS
a.Land use information will be updated to reflect the most current and future
scenarios. Data will be reviewed and analyzed using Geographical Information
System (GIS) to establish a final 2040 land use scenario. This will include, but is
not limited to, thereview of data collected from the city, the North Central Texas
Council of Governments (NCTCOG), and latest aerial imagery. Information will
be converted into GIS layers as a deliverable.
b.Typical section recommendations will be provided with focus on the
recommended roadway configurations and designs for individual arterials.
2.REVIEW EXISTING CITYOF DENTON’S TRAVEL DEMAND MODEL
The Travel Demand Model provided by City of Denton will be reviewed to develop
base & future scenarios. Roadway network with Travel Demand Model of the study
area will be reviewed for any coding inconsistencies, developments and centroid
connections.
Figure 1 shows the Study Area network and TAZ structure in the current TDM. It
should be noted that ENGINEERwill be working on a No-Build future year
condition and two alternative scenarios.
67
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Figure 1: Location Map -City of Denton's current TDM
3.CODE/MODIFY ROADWAY NETWORK AND LAND USEIN TDM TO REFLECT THE
IMPACT OF CONNECTOR ALTERNATIVES (UP TO 2 ALTERNATIVES)
The geometric and land-use changes pertaining to study area (up to 25 TAZs) will
be provided by City to be reflected in TDM. The ENGINEERwill modify the roadway
network and land use in TDM and send them to City for review.It should be noted
that City of Denton should provide all the land-use information.
ENGINEERwill incorporate and address comments for geometric and land-use
coding. If necessary, ENGINEERwill have a final review from the City to have a
consensus before running the model.
68
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
4.TRAFFIC FORECASTS AND TRAFFIC ANALYSIS (FULL MODEL RUN)
ENGINEERwill update the TDM with Land-Use Data and alternative north-
south/east-west connector options pertaining to the study area (up to 25 TAZs)to
run the trip generation model. This will follow by trip distribution, modal split, and
traffic assignment.
Utilize TDM and select-links to come up with link volumes to reflect the traffic
demand of the future year.
Incorporate any suggested improvements by the City.
Prepare a Geographic Information System based online dashboard to display
dynamic information on existing land use patterns, traffic projections and
recommended cross-sections for the selected TAZs.
5.HICKORY/CRAWFORD TRAFFIC ANALYSIS
This scope of services is submittedto perform traffic demand modeling for Hickory
Creek/Crawford Road.
This Scope of Services is submitted to evaluate traffic impacts of the study area within
the limits of Hickory Creek Rd, Country Club Rd., Teasley Ln and Hobson Ln. The study
will involve review and modification of socio-economic data based on the land-use plans
to current TDM provided by City of Denton, by utilizing demographic files, Traffic
Analysis Zones (TAZs), link network coding and edits for up to 25 TAZs.Due to the
anticipated growth in traffic demand, an east-west connector along with a possible north-
south collector road will be proposed to provide connectivity between IH-35 E and IH-35
W. TransCAD 7.0 will be used for this task. The analysis will include performing all four
(4) steps in City of Denton’s TDM and select-link analysis for a No-Build scenario and
two alternative Build scenarios. Our scope of services is presented below in 4 stages.
Any changes to the assumed scope of services will result in increased costs. The
following information must be provided by the Owner prior to initiation of work.
1.City of Denton’s ArcGIS file including the following items:
a.Proposed connector alternatives, if any
b.Existing and proposed zoning on tract
c.Proposed driveway location/plan
2.Scheduled build-out plans of proposed land uses
69
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
3.CIP improvements/plans
This scope of services assumed Network and TAZ changes for up-to 25 TAZ’s
only. Any TDM effort beyond will require additional fee.
6.TECH MEMO
Prepare a draft memo summarizing:
o Traffic impactsand results obtained from TDM
o Geometric and Environmental considerations.
QA/QC –Memo, Analysis and Results
Address comments (if any)
70
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
EXHIBIT B
HOURLY BILLABLE RATES BYPOSITION
PRIME -HDR, INC.
PositionHourlyRate
Principal/VicePresident$300.00
ProjectManager$250.00
Senior Bridge Engineer$270.00
Senior Hydraulic Engineer$230.00
Senior TrafficEngineer$200.00
Transportation Planner$200.00
Bridge Engineer$170.00
ProjectEngineer$150.00
Public Involvement Specialist$150.00
Senior Environmental Scientist$150.00
Environmental Scientist$100.00
ROW Acquisition Agent$135.00
EIT$100.00
CAD/ENGR Tech$100.00
Clerical /Administrative$85.00
71
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
SUBCONSULTANT -SURVEY
PositionHourlyRate
Project Manager$200.00
RPLS Project Manager$180.50
Task Lead Engineer$180.00
SUE Manager$165.00
RPLS Task Lead$164.00
Senior Survey Tech$120.00
LiDAR Tech$105.00
Survey Tech$103.19
EIT$110.00
GIS Tech$95.82
1 ManCrew$100.00
2 Man Crew$160.00
3 Man Crew$195.00
4 Man Crew$220.00
Admin$75.00
72
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
EXHIBIT B
B
EXHIBIT
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
B
EXHIBIT
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
B
EXHIBIT
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
B
EXHIBIT
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
B
EXHIBIT
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
B
EXHIBIT
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
B
EXHIBIT
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
B
EXHIBIT
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
B
EXHIBIT
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
B
EXHIBIT
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
B
EXHIBIT
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
B
EXHIBIT
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
B
EXHIBIT
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
B
EXHIBIT
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
B
EXHIBIT
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
B
EXHIBIT
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
B
EXHIBIT
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
C
EXHIBIT
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
9IL.L 5
AMENDMENTS
Not Applicable
CL\[9 ЏЎВЉΏЉЍВ
DocuSign Envelope ID: 63003782-46AE-4E9E-914E-DCAEBA5D74F6
Exhibit
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
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.
1
2
Check this box if you are filing an update to a previously filed questionnaire.
th
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 business
day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3
Name of local government officer about whom the information in this section is being disclosed.
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 Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government 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 government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves 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 government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
Certificate Of Completion
Envelope Id: 6300378246AE4E9E914EDCAEBA5D74F6Status: Sent
Subject: Please DocuSign: City Council Contract 6590-049 Hickory Creek Design PSA - HDR Engineering, Inc.
Source Envelope:
Document Pages: 111Signatures: 4Envelope Originator:
Certificate Pages: 6Initials: 1Jamie Cogdell
AutoNav: Enabled901B Texas Street
EnvelopeId Stamping: EnabledDenton, TX 76209
Time Zone: (UTC-06:00) Central Time (US & Canada)Jamie.Cogdell@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: OriginalHolder: Jamie CogdellLocation: DocuSign
2/7/2019 3:28:14 PM Jamie.Cogdell@cityofdenton.com
Signer EventsSignatureTimestamp
Jamie CogdellSent: 2/7/2019 3:28:45 PM
Completed
jamie.cogdell@cityofdenton.comViewed: 2/7/2019 3:28:53 PM
Senior BuyerSigned: 2/7/2019 3:29:41 PM
Using IP Address: 129.120.6.150
City Of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori HewellSent: 2/7/2019 3:29:44 PM
lori.hewell@cityofdenton.comViewed: 2/7/2019 3:30:28 PM
Purchasing ManagerSigned: 2/7/2019 3:30:40 PM
City of Denton
Signature Adoption: Pre-selected Style
Security Level: Email, Account Authentication
Using IP Address: 129.120.6.150
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack ReinwandSent: 2/7/2019 3:30:43 PM
mack.reinwand@cityofdenton.comViewed: 2/7/2019 3:32:35 PM
City of DentonSigned: 2/7/2019 3:32:50 PM
Security Level: Email, Account Authentication
Signature Adoption: Pre-selected Style
(None)
Using IP Address: 129.120.6.150
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ramon MiguezSent: 2/7/2019 3:32:55 PM
ramon.miguez@hdrinc.comResent: 2/8/2019 9:09:20 AM
Ramon F. MiguezViewed: 2/7/2019 3:46:36 PM
HDR Engineering, IncSigned: 2/8/2019 9:26:13 AM
Signature Adoption: Drawn on Device
Security Level: Email, Account Authentication
Using IP Address: 199.168.243.194
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/7/2019 3:46:36 PM
ID: 97bf8206-629a-4997-9118-30cdc998f818
Signer EventsSignatureTimestamp
Todd EstesSent: 2/8/2019 9:26:17 AM
todd.estes@cityofdenton.comViewed: 2/8/2019 10:04:56 AM
City EngineerSigned: 2/8/2019 10:05:20 AM
Security Level: Email, Account Authentication
Signature Adoption: Drawn on Device
(None)
Using IP Address: 174.206.1.66
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 2/8/2019 10:04:56 AM
ID: 38bd45ec-fb1f-4959-9b48-137f979558a6
Tabitha MillsopSent: 2/8/2019 10:05:24 AM
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
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Rachel Wood
rachel.wood@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer EventsSignatureTimestamp
Editor Delivery EventsStatusTimestamp
Agent Delivery EventsStatusTimestamp
Intermediary Delivery EventsStatusTimestamp
Certified Delivery EventsStatusTimestamp
Carbon Copy EventsStatusTimestamp
Sherri ThurmanSent: 2/7/2019 3:29:44 PM
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
Carbon Copy EventsStatusTimestamp
Annie Bunger
annie.bunger@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
Pritam Deshmukh
pritam.deshmukh@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/6/2019 3:39:01 PM
ID: dd1c39f5-a4a4-4617-8c13-a8bb2b5c2474
Notary EventsSignatureTimestamp
Envelope Summary EventsStatusTimestamps
Envelope SentHashed/Encrypted2/8/2019 10:05:24 AM
Payment EventsStatusTimestamps
Electronic Record and Signature Disclosure
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
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
Allow per session cookies
Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-367,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDentonauthorizingtheCityManagertoexecuteanddelivera
FirstAmendmenttoLeaseofCityPropertybetweentheCityofDentonandVOW221EHICKORY,LLC,
correctingtheLesseenameandconfirmingtheremainingtermsoftheAgreement;andprovidinganeffective
date.
City of DentonPage 1 of 1Printed on 2/8/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Capital Projects
CM/ DCM/ ACM: Mario Canizares
DATE: February 12, 2019
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute and
deliver a First Amendment to Lease of City Property between the City of Denton and VOW 221 E.
HICKORY, LLC, correcting the Lessee name and confirming the remaining terms of the Agreement; and
providing an effective date.
BACKGROUND
In January 2013, the City entered into a lease agreement for a 1,089 square foot strip of property to provide
by VOW
221 E HICKORY, LLC.
By inadvertent error, the proper name of the Lessee, of the City owned property to be leased, was incorrectly
stipulated as VOW 210 Hickory Partners LLC and should have been referenced as VOW 221 E HICKORY,
LLC.
The ordinance under consideration corrects this error, and all other terms and conditions of the Lease
Agreement remain unchanged.
OPTIONS
1. Approve the ordinance
2. Decline to approve proposed ordinance
3. Table for future consideration
RECOMMENDATION
Staff recommends approval of the ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council closed session briefing: December 18, 2019.
Ordinance 2013-009 January 15, 2013 original Lease Agreement
FISCAL INFORMATION
The Lease Agreement has a ten (10) year term, set to expire on February 28, 2023. The historic rent
schedule as follows:
March 2013 through February 2016, original rent of $1.00 per square foot ($1,089 annual),
advance one-time payment for initial 3-year period: $3,267 paid upfront.
March 2016 through February 2019, adjusted rent calculation as per the terms of the Lease
Agreement, annual rent payment $1,110.78, all years have been paid.
March 2019 through February 2022, adjusted rent calculation as per the terms of the Lease
Agreement, annual rent payment calculates to be $1,194.95, payment due March 1, 2019.
March 2022 (last year of Agreement) to be determined as CPI index data is available.
EXHIBITS
1 -Agenda Information Sheet
2 -Site map
3 -Ordinance 2013-009 (original Lease Agreement)
4-Ordinance (First Amendment)
Respectfully submitted:
Todd Estes, P.E.
Director Capital Projects/City Engineer
Prepared by:
Paul Williamson
Capital Projects
Site Map
CITY OF DENTON
210 E. Hickory
µ
0153060
Feet
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-028,Version:1
AGENDA CAPTION
Consider approval of a resolution of the City of Denton, Texas, supporting legislation to create the ÐCole Ranch
Improvement District No. 1 of Denton County, TexasÑ; and providing an effective date.
City of DentonPage 1 of 1Printed on 2/8/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CM/ DCM/ ACM: Bryan Langley
DATE: February 12, 2019
SUBJECT
BACKGROUND
In October 2018, representatives from Cole Ranch and Hunter Ranch contacted City staff to discuss a
coordinated 6,000-acre master-planned development. Both Cole and Hunter Ranches are located within
the city limits and are designated as Master Planned Community Districts under the Denton Development
Code. A project of this size and scale requires significant public infrastructure such as water, wastewater,
drainage, and road facilities, which would be paid for up front by the developers. The developers have
asked the City of Denton to consider the establishment of a municipal management district (MMD) to
enable them to recapture a portion of the cost of construction of the public infrastructure.
During Council work sessions on January 15 and February 5, the developers requested that Council
consider supporting legislation to create the MMD during the current session of the Texas Legislature.
Passage of such legislation is required for the creation of an MMD, and the Texas Local Government
Code pron MMD without the
While the developers intend to coordinate a new master plan over the 6,000 acres, ownership of the two
3,000 acre tracts remains separate. As such, a separate resolution of support is needed for both tracts. This
item (File ID 19-028) indicates support for creation of the
Denton County, Texas.-332 nch Improvement
District No. 1
the City specifically reserves the right to consent
to the MMD and impose conditions on the district through three documents: the City Consent Ordinance,
the MMD Operating Agreement, and the Developer Agreement. If the project continues to move forward,
these three documents will be negotiated concurrently and voted on by the Council at the same time; the
three documents all must be approved, or the district cannot be created. Figure 1 below shows the process
and the documents required for creation of an MMD.
Figure 1.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
January 15, 2019 Work session on Cole Ranch and Hunter Ranch presented to City Council
February 5, 2019 Work session Cole Ranch and Hunter Ranch presented to City Council
FISCAL INFORMATION
On Feb. 12, the Council will consider adoption of an ordinance allowing the City to enter into an escrow
agreement with the developers of both Cole Ranch and Hunter Ranch to reimburse the City for its
professional consulting fees, costs and expenses associated with an independent fiscal impact analysis,
legal review, and other reviews as necessary, by the analysis will estimate the
x rate for the MMD.
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Resolution
Exhibit 3 Prior Agenda Information Sheets and Presentations
Exhibit 4 Presentation
Respectfully submitted:
Caroline Booth
Director of Economic Development
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CM/ DCM/ ACM: Bryan Langley
DATE: January 15, 2019
SUBJECT
EXECUTIVE SUMMARY
BACKGROUND
History
New Proposed Project Coordination
Developer Request for a Municipal Management District
Cole RanchHunter RanchTotal
$982,000,000
$485,000,000
Property Tax Rate Comparison
Special District
(MUD, WCID,
FWSD, or Total $ /
DevelopmentCountyHospitalCollegeCityISDMMD)ESDPID$100 Value
Canyon Falls (In Flower Mound)0.225574--0.439001.5850.000--2.24967
Providence0.225574--0.799721.5400.000--2.56529
Pecan Square0.225574--0.295001.4900.705-2.71557
Lantana0.225574---1.5400.950--2.71557
Savannah0.225574---1.5400.9652.73057
Paloma Creek0.225574---1.5400.970(a)--2.73557
Trinity Falls0.180785-0.081222-1.5901.050--2.90201
Canyon Falls (ETJ)0.225574---1.5851.0000.10-2.91062
Canyon Falls (In Northlake)0.225574--0.295001.5850.7050.10-2.91062
Union Park0.225574--0.649901.5400.5152.93047
Hunter/Cole0.225574--0.620481.5400.550--2.93605
Harvest Meadows0.225574---1.4901.0000.100.2103.02557
Harvest 0.225574---1.5851.0000.100.2103.12067
Viridian0.2440000.2244990.1360700.634801.2730.448-0.2703.23047
(a) represents max tax rate within the various Paloma Creek Districts
NEXT STEPS
FISCAL INFORMATION
STRATEGIC PLAN RELATIONSHIP
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
Municipal Management Districts vs. Public Improvement Districts
Municipal Management DistrictPublic Improvement District
o
o
o
o
o
o
o
o
o
35
35
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CM/ DCM/ ACM: Bryan Langley
DATE: February 5, 2019
SUBJECT
BACKGROUND
FISCAL INFORMATION
PRIOR ACTION
EXHIBITS
Responses to Council Questions on Cole Ranch/Hunter Ranch
1.
Development Services staff confirms that the future land use map reflects the development of master planned
communities in this area. Further, staff confirms that the preferred project phasing is at the north of Cole Ranch
near the future Loop 288 and I-35 moving south and west, and at the south of Hunter Ranch near I-35 and
Robson Ranch and moving north and west.
2.Can tax incentives (tax abatements or Chapter 380 tax rebates) be offered by either the City of Denton or the
Board of Directors of the Municipal Management District within the MMD?
in the MMD operating agreement. The
Council can make a policy decision on whether to use City economic development tools within the MMD.
3.What is an estimate of the cost to get road, water and wastewater infrastructure to the development?
Estimated off-site infrastructure costs: $65 million
Estimated Regional infrastructure costs: $240 million
Estimated on-site public infrastructure costs: $300 million
Total: $605 million*
*These figures were provided by the developers and have not been verified by City staff.
4.What is the park fund commitment that would be required from this development under typical
circumstances?
Park Dedication & Development Assessment: Cole/Hunter Ranch
Unit count based on AIS from Jan 15, 2019 Council meeting
5.Link to developer video shown during Jan. 15 presentation:
https://hillwood.box.com/s/mgrgxbx2hixll4cwivq4j4bfxegmlvl7
6.What areas of the development are served by Denton Municipal Electric?
Roughly two-thirds of the development can be served by DME (see map below). The developer agreement can
specify that DME will be the electric provider in all the areas where it certified to serve.
7.What is the cost to provide water and wastewater services to Robson Ranch?
This response is provided to address a request for the costs of water and wastewater services for Robson Ranch. It is
important to note that treatment infrastructure for Water and Wastewater is not included as a part of cost
estimates. For water, treatment costs are covered by the combination of water rates and impact fees. Currently,
Robson Ranch wastewater services are provided by a small treatment plant that was designed and constructed by
Robson Ranch and is operated and maintained by the City of Denton. Wastewater rates cover the costs of the
operation and maintenance of this plant. Cost estimates for the wastewater treatment needs of Robson Ranch are
relatively straightforward, as the current system is isolated to just Robson Ranch, which allows calculations of the
total needs at full build out. Estimates for Water are more difficult, as most projects for water service in the
Southwest service area are not isolated to only Robson Ranch.
Wastewater
All of the wastewater assets that include sewer lines, pump stations and the wastewater treatment plant that
service Robson Ranch were paid for by Robson Ranch. engineer designs the projects, the designs are
reviewed by the city staff, and then the construction is inspected by the nspections
department just like any subdivision within the City. For estimation purposes, the if the current 0.375 million gallon
per day plant was expanded to the modeled need of Robson at full build out, the plant would need to be able to
process approximately 1.6 million gallons per day. A plant this size would likely cost somewhere in the 12-14 million
dollar range to construct. Of note, Denton staff members have been discussing options for full build out wastewater
treatments services for Robson Ranch, and will be bringing and item to Council in the future to discuss these options
Water
Water supply for the Robson development was initially provided by groundwater via a well system. As the area
began to grow, the City of Denton Water utilities completed a number of infrastructure projects to provide water
service in what is generally referred to as the Southwest Service Area, which includes Robson Ranch. There are
several additional projects that are active or will be implemented in the near future to provide water to portions of
this service area. Robson Ranch eventually began receiving water service from the City of Denton from the
Southwest Ground Storage and Booster pump station.
As with Wastewater, the internal water distribution system is designed and constructed by Robson Ranch just like
any subdivision in the City. With regards to projects currently implemented or that will be implemented to provide
water to this area of the City, it is very subjective on what projects (or portions of projects) specifically relate to
Robson development vs other growth in the system. As a result, some broad assumptions must be made. If we
assume the in that areas are just for Robson and will by themselves cover the buildout of Robson (these are very big
assumptions) for the approximate 6,500 connections at full buildout, we can derive the following projects and costs
North-South 42 inch Waterline Phase 2 - $ 10,870,300
Roselawn 3 MG Elevated Storage Tank - $ 6,299,440
Roselawn 24 inch Waterline Project - $ 1,797,363
Vintage Oversize Waterline on South Bonnie Brae - $ 254,269
Allred/John Payne 24 inch and 30 inch Waterlines - $ 5,930,000
Southwest Ground Storage and Booster Pump Station - $ 5,912,002
Robson Oversize Water Lines - $ 284,477
Southwest 3 MG Elevated Storage Tank - $ 5,410,280
Under the identified assumptions, an approximate cost estimate for water service is approximately in the $25
million range.
8.Could the 300-500 acre West Lake Park conceivably incorporate Pilot Knob leaving that area in a substantially
the development include a D.O.R.B.A. sanctioned single track dirt trail at least 10 miles long with at least 500
feet elevation changes that D.O.R.B.A. would agree makes it the premier trail in North Texas (and hence a
tourism draw)?
These elements could be negotiated the developer if the Council identifies these aspects of the project to be
important. Staff has specifically discussed the Pilot Knob area with Hillwood, and they indicated that it was
planned to be left in its natural state. As such, they could incorporate this into a park concept. Staff reached out
to Hillwood regarding the DORBA concept, and while think it is an interesting idea, they are not prepared to
commit to this type use right now, and it will need more study before they can make a specific commitment.
9.A foundational issue for me is understanding whether the proposed financing scheme itself not the
development
ceive to justify
doing it.
All else equalsame property, same amenities, same developer, same, same, samea stream of tax
payments has a cost and would reduce present value. If the homeswith the SAME amenities, etc.have
lower values than they would without the stream of required extra tax payments, that reduces taxable value
to the City of Denton.
of attaching a stream of required paymentsall else equal.
make some big simplifying assumptions just to illustrate the potential impact. If we assume all
annual MMD taxes. To recover $485 million in infrastructure expense, not including whatever else might get
owners. If we discount that at a cost of capital of 4.5 percent (roughly 30-year rates now), assuming
themselves for the nominal outlay amounts and will also be looking to recover their cost of capital too. But
er figure for now.
If the value of the buildout is reduced by $424.7 million in value initially because of the attached future MMD
tax requirement, then City of Denton annual ad valorem tax revenue would be reduced by that amount times,
say, our roughly $
All else equal, the values should rise each year as the MMD tax requirement is satisfied, so the negative
impact on taxable value would diminish over the seven years to nothing. But the total loss to the city over the
time of the MMD tax would be something like $10 million.
just talking
about financing effects here, assuming the same amenities.
talking about the financing effects here, assuming the same management.
Some s
financing scheme versus not having it.
As far as I can tell, for the developer to get the very, very valuable low interest financing the MMD enables,
the City of Denton is in effect kicking in a roughly $10 million subsidy.
Staff response: This is a bit difficult to answer with any certainty. With that said, we agree that a house with a
special assessment or tax should sell for less than another home, all else equal.
Developments like Lantana, Harvest, or Canyon Falls all have amenity
packages, schools, trails, etc. that make them unique, and as a result, even with the additional tax burden, their
average home prices are near or higher than other developments that surround them. We also inquired with our
financial advisors at Hilltop Securities, and they are not aware of any instances of homes in special taxing
districts being valued or priced lower due to the additional tax. As a result, they are not of the opinion that the
City would receive less tax revenue from a development with a special taxing district in place. However, we can
certainly explore this further as part of the fiscal impact analysis. Exhibit 1 is a document provided to staff by the
developer which provides their estimates of the financial impact of the project.
10.We hear that this area will not be developed without an MMD or something like it. Is that really true?
On
exactly who would be paying for the infrastructure under the MMD, just spread over time. And if it were
rolled into the purchase price, they would also be paying for it and, if mortgaged, it would likely be spread
over an even longer period of time.
of the Perot family operation.
My understanding is that this is one of the most if not the most successful family in Texas. I can hardly
imagine a family more capable of having access to credit without a subsidy from the City of Denton. Surely I
see why they might have found it worth waiting to develop if they have the prospect of lower cost financing,
Third, $485 million is less than 3.5 percent of the purported $14 billion final value, and we hear buyers are
willing to pay a big premium to be in these developments.
et for
them, not to serve the City of Denton.
with these amenitieswhether we bear the
roughly $10 million differential in tax revenue or not.
Staff response two properties will eventually take place without a financing
district, but the timeframe and type of development (quality, amenities, etc.) as well as the level of coordination
between the developers and the City is unknown. City participation through a financing district allows the
opportunity to secure commitments from the developers regarding gas well reverse setbacks, affordable
housing, funding of city facilities required to serve the development, home quality, natural preservation,
sustainability, etc., which is leverage the City would not have in the absence of a financing district. The proposed
fiscal impact analysis will provide the detailed data that will enable Council to make the most informed decision
possible.
11.So why might we do it? If we could get extra qualities and value beyond what any other developer would
One item that would be on my list would be a West Lake Park of 300-500 acresin addition to the laudable
becomes bigger by that much. It should have a rec center, maybe a dog park, and maybe some amenities for
we should work out whether tax revenue from the additional
residents will cover its operation along with all the other services the city must provide them.
Now the developer shows a proposed city park adjacent to the development on the southeast edge. Is that
real? Proposed by whom? Do we already own that land? If not, would the developer be gifting it to the city
and developing it?
Staff response:
plan is a park pr
that is not an official name at this time. The City already owns the majority of the Southwest Park land (200+/-
y development plan. As part of staff research into what City
resources will be needed to serve Cole Ranch/Hunter Ranch, operations departments have submitted estimated
capital/facilities and operations estimates to be used if a fiscal impact analysis goes forward. In addition to
would be a 150+/- acre City park. The exact location for this park is to be determined, and as such, the City does
not own the
with the developers.
12.Additional reasons why we might opt for a $10 million differential in revenue might be to help achieve
sustainability and health and safety goals for Denton. Would the developer be able to commit to 100 percent
tree preservation above 6 inches at dbh throughout the site and plantings to get up to 20 or 30 percent
canopy?
There are 19 gas well sites on the property. Would the developer be able to commit to 1000-foot setbacks and
scientifically valid, peer-
decision, agreeing to be bound by the results?
Would the developer agree to build to LEED standards and /or provide enough renewable energy generation
Would the developer preserve Pilot Knob as a natural area along with the views up to it?
We would need to put a value on all these, but a set of assured benefits to the city like this could make a case
for seeking the enabling legislation.
Staff response: City participation through a financing district allows the opportunity to negotiate and secure
commitments from the developers regarding the items mentioned above. If the Council is interested in pursuing
these, they can be negotiated with the developer as part of an operating agreement.
13.On the other hand, if it really is true that the land will not develop without an MMD or something like it, we
need at least a rough pro forma of whether the value of all that population growth exceeds the cost of
component, because while
Not saying
asked to enable special financing schemes as we are in this case. We need to understand the financial impact
of a financial decision.
Staff response: The proposed fiscal impact analysis will provide the detailed data that will enable Council to
make the most informed decision possible.
14.If this special taxing district is approved for a piece of property within the city limits/extraterritorial
jurisdiction of Denton, will this set a precedent for other developments to ask for the same thing?
Staff response: Yes, this has the potential of setting a precedent for other large developments in the City. With
this said, the particular development issues associated with Cole/Hunter Ranch are unique, and as such, it will
likely be difficult for any other development to approach the size of this project and the associated
infrastructure needs.
15.How long will it take the residents of these communities to pay these debts off that the developers take on?
Never? Are these special taxing districts open ended that can last into perpetuity?
Staff response: The project will likely be developed in phases consisting of approximately 500-700 acres
each. With each phase, bonds will be sold to pay for the infrastructure, and these bonds will be retired over a 25
to 30 year time horizon. Once the debt is retired, the district could then be dissolved.
16.What if the developers walk away from this project before it is completed? Who is left holding the bag?
Staff response: The developer will be paying for the infrastructure costs up front, and the bonds will be issued
to reimburse them. Therefore, if they walk away from the project, the development of the property would stop,
but the City would not be responsible for any of the costs.
17.Do these developers have a history of trying to sell projects quickly to turn a big profit and leave homeowners
holding the bag?
Staff response: The Hillwood and Stratford Land firms have successfully developed projects across the country,
and we are not aware of any negative issues with their performance.
18.Once the roads, water and sewer lines are built and completed, will the developers turn over maintenance to
the City of Denton?
Staff response: Yes. The taxes paid to the City and fees for utility services will pay for these costs.
19.Will the infrastructure be built to the City of Denton specifications?
Staff response: Yes.
20.Has there been an environmental impact study done on this property to guide the development of such a
large piece of land? I would look closely at this issue and see what type of ecosystem we have there. Maybe
some specialists should take a look at this area.
Staff response: The Environmentally Sensitive Areas have been identified and studied, but I am not aware of an
environmental study being completed for the entire property.
Exhibit 1: Developer estimates of the financial impact of the project
2062
2061
2060
2059
2058
2057
2056
2055
2054
2053
2052
2051
2050
2049
2048
2047
2046
2045
2044
2043
2042
2041
2040
2039
2038
2037
2036
2035
2034
2033
2032
2031
2030
2029
2028
2027
2026
2025
2024
2023
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-332,Version:1
AGENDA CAPTION
Consider approval of a resolution of the City of Denton, Texas, supporting legislation to create the ÐHunter
Ranch Improvement District No. 1 of Denton County, TexasÑ; and providing an effective date.
City of DentonPage 1 of 1Printed on 2/8/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CM/ DCM/ ACM: Bryan Langley
DATE: February 12, 2019
SUBJECT
Consider approval of a resolution of the City of Denton, Texas, supporting legislation to create the
Hunter Ranch Improvement District No. 1
BACKGROUND
In October 2018, representatives from Cole Ranch and Hunter Ranch contacted City staff to discuss a
coordinated 6,000-acre master-planned development. Both Cole and Hunter Ranches are located within
the city limits and are designated as Master Planned Community Districts under the Denton Development
Code. A project of this size and scale requires significant public infrastructure such as water, wastewater,
drainage, and road facilities, which would be paid for up front by the developers. The developers have
asked the City of Denton to consider the establishment of a municipal management district (MMD) to
enable them to recapture a portion of the cost of construction of the public infrastructure.
During Council work sessions on January 15 and February 5, the developers requested that Council
consider supporting legislation to create the MMD during the current session of the Texas Legislature.
Passage of such legislation is required for the creation of an MMD, and the Texas Local Government
Code pron MMD without the
While the developers intend to coordinate a new master plan over the 6,000 acres, ownership of the two
3,000 acre tracts remains separate. As such, a separate resolution of support is needed for both tracts. This
item (File ID 19-332) indicates support for creation of the Hunter Ranch Improvement District No. 1 of
Denton County, Texas.-028 Cole Ranch Improvement
District No. 1
the City specifically reserves the right to consent
to the MMD and impose conditions on the district through three documents: the City Consent Ordinance,
the MMD Operating Agreement, and the Developer Agreement. If the project continues to move forward,
these three documents will be negotiated concurrently and voted on by the Council at the same time; the
three documents all must be approved, or the district cannot be created. Figure 1 below shows the process
and the documents required for creation of an MMD.
Figure 1.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
January 15, 2019 Work session on Cole Ranch and Hunter Ranch presented to City Council
February 5, 2019 Work session Cole Ranch and Hunter Ranch presented to City Council
FISCAL INFORMATION
On Feb. 12, the Council will consider adoption of an ordinance allowing the City to enter into an escrow
agreement with the developers of both Cole Ranch and Hunter Ranch to reimburse the City for its
professional consulting fees, costs and expenses associated with an independent fiscal impact analysis,
legal review, and other reviews as necessary, by the analysis will estimate the
x rate for the MMD.
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Resolution
Exhibit 3 Prior Agenda Information Sheets and Presentations
Exhibit 4 Presentation
Respectfully submitted:
Caroline Booth
Director of Economic Development
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CM/ DCM/ ACM: Bryan Langley
DATE: January 15, 2019
SUBJECT
EXECUTIVE SUMMARY
BACKGROUND
History
New Proposed Project Coordination
Developer Request for a Municipal Management District
Cole RanchHunter RanchTotal
$982,000,000
$485,000,000
Property Tax Rate Comparison
Special District
(MUD, WCID,
FWSD, or Total $ /
DevelopmentCountyHospitalCollegeCityISDMMD)ESDPID$100 Value
Canyon Falls (In Flower Mound)0.225574--0.439001.5850.000--2.24967
Providence0.225574--0.799721.5400.000--2.56529
Pecan Square0.225574--0.295001.4900.705-2.71557
Lantana0.225574---1.5400.950--2.71557
Savannah0.225574---1.5400.9652.73057
Paloma Creek0.225574---1.5400.970(a)--2.73557
Trinity Falls0.180785-0.081222-1.5901.050--2.90201
Canyon Falls (ETJ)0.225574---1.5851.0000.10-2.91062
Canyon Falls (In Northlake)0.225574--0.295001.5850.7050.10-2.91062
Union Park0.225574--0.649901.5400.5152.93047
Hunter/Cole0.225574--0.620481.5400.550--2.93605
Harvest Meadows0.225574---1.4901.0000.100.2103.02557
Harvest 0.225574---1.5851.0000.100.2103.12067
Viridian0.2440000.2244990.1360700.634801.2730.448-0.2703.23047
(a) represents max tax rate within the various Paloma Creek Districts
NEXT STEPS
FISCAL INFORMATION
STRATEGIC PLAN RELATIONSHIP
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
Municipal Management Districts vs. Public Improvement Districts
Municipal Management DistrictPublic Improvement District
o
o
o
o
o
o
o
o
o
35
35
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CM/ DCM/ ACM: Bryan Langley
DATE: February 5, 2019
SUBJECT
BACKGROUND
FISCAL INFORMATION
PRIOR ACTION
EXHIBITS
Responses to Council Questions on Cole Ranch/Hunter Ranch
1.
Development Services staff confirms that the future land use map reflects the development of master planned
communities in this area. Further, staff confirms that the preferred project phasing is at the north of Cole Ranch
near the future Loop 288 and I-35 moving south and west, and at the south of Hunter Ranch near I-35 and
Robson Ranch and moving north and west.
2.Can tax incentives (tax abatements or Chapter 380 tax rebates) be offered by either the City of Denton or the
Board of Directors of the Municipal Management District within the MMD?
in the MMD operating agreement. The
Council can make a policy decision on whether to use City economic development tools within the MMD.
3.What is an estimate of the cost to get road, water and wastewater infrastructure to the development?
Estimated off-site infrastructure costs: $65 million
Estimated Regional infrastructure costs: $240 million
Estimated on-site public infrastructure costs: $300 million
Total: $605 million*
*These figures were provided by the developers and have not been verified by City staff.
4.What is the park fund commitment that would be required from this development under typical
circumstances?
Park Dedication & Development Assessment: Cole/Hunter Ranch
Unit count based on AIS from Jan 15, 2019 Council meeting
5.Link to developer video shown during Jan. 15 presentation:
https://hillwood.box.com/s/mgrgxbx2hixll4cwivq4j4bfxegmlvl7
6.What areas of the development are served by Denton Municipal Electric?
Roughly two-thirds of the development can be served by DME (see map below). The developer agreement can
specify that DME will be the electric provider in all the areas where it certified to serve.
7.What is the cost to provide water and wastewater services to Robson Ranch?
This response is provided to address a request for the costs of water and wastewater services for Robson Ranch. It is
important to note that treatment infrastructure for Water and Wastewater is not included as a part of cost
estimates. For water, treatment costs are covered by the combination of water rates and impact fees. Currently,
Robson Ranch wastewater services are provided by a small treatment plant that was designed and constructed by
Robson Ranch and is operated and maintained by the City of Denton. Wastewater rates cover the costs of the
operation and maintenance of this plant. Cost estimates for the wastewater treatment needs of Robson Ranch are
relatively straightforward, as the current system is isolated to just Robson Ranch, which allows calculations of the
total needs at full build out. Estimates for Water are more difficult, as most projects for water service in the
Southwest service area are not isolated to only Robson Ranch.
Wastewater
All of the wastewater assets that include sewer lines, pump stations and the wastewater treatment plant that
service Robson Ranch were paid for by Robson Ranch. engineer designs the projects, the designs are
reviewed by the city staff, and then the construction is inspected by the nspections
department just like any subdivision within the City. For estimation purposes, the if the current 0.375 million gallon
per day plant was expanded to the modeled need of Robson at full build out, the plant would need to be able to
process approximately 1.6 million gallons per day. A plant this size would likely cost somewhere in the 12-14 million
dollar range to construct. Of note, Denton staff members have been discussing options for full build out wastewater
treatments services for Robson Ranch, and will be bringing and item to Council in the future to discuss these options
Water
Water supply for the Robson development was initially provided by groundwater via a well system. As the area
began to grow, the City of Denton Water utilities completed a number of infrastructure projects to provide water
service in what is generally referred to as the Southwest Service Area, which includes Robson Ranch. There are
several additional projects that are active or will be implemented in the near future to provide water to portions of
this service area. Robson Ranch eventually began receiving water service from the City of Denton from the
Southwest Ground Storage and Booster pump station.
As with Wastewater, the internal water distribution system is designed and constructed by Robson Ranch just like
any subdivision in the City. With regards to projects currently implemented or that will be implemented to provide
water to this area of the City, it is very subjective on what projects (or portions of projects) specifically relate to
Robson development vs other growth in the system. As a result, some broad assumptions must be made. If we
assume the in that areas are just for Robson and will by themselves cover the buildout of Robson (these are very big
assumptions) for the approximate 6,500 connections at full buildout, we can derive the following projects and costs
North-South 42 inch Waterline Phase 2 - $ 10,870,300
Roselawn 3 MG Elevated Storage Tank - $ 6,299,440
Roselawn 24 inch Waterline Project - $ 1,797,363
Vintage Oversize Waterline on South Bonnie Brae - $ 254,269
Allred/John Payne 24 inch and 30 inch Waterlines - $ 5,930,000
Southwest Ground Storage and Booster Pump Station - $ 5,912,002
Robson Oversize Water Lines - $ 284,477
Southwest 3 MG Elevated Storage Tank - $ 5,410,280
Under the identified assumptions, an approximate cost estimate for water service is approximately in the $25
million range.
8.Could the 300-500 acre West Lake Park conceivably incorporate Pilot Knob leaving that area in a substantially
the development include a D.O.R.B.A. sanctioned single track dirt trail at least 10 miles long with at least 500
feet elevation changes that D.O.R.B.A. would agree makes it the premier trail in North Texas (and hence a
tourism draw)?
These elements could be negotiated the developer if the Council identifies these aspects of the project to be
important. Staff has specifically discussed the Pilot Knob area with Hillwood, and they indicated that it was
planned to be left in its natural state. As such, they could incorporate this into a park concept. Staff reached out
to Hillwood regarding the DORBA concept, and while think it is an interesting idea, they are not prepared to
commit to this type use right now, and it will need more study before they can make a specific commitment.
9.A foundational issue for me is understanding whether the proposed financing scheme itself not the
development
ceive to justify
doing it.
All else equalsame property, same amenities, same developer, same, same, samea stream of tax
payments has a cost and would reduce present value. If the homeswith the SAME amenities, etc.have
lower values than they would without the stream of required extra tax payments, that reduces taxable value
to the City of Denton.
of attaching a stream of required paymentsall else equal.
make some big simplifying assumptions just to illustrate the potential impact. If we assume all
annual MMD taxes. To recover $485 million in infrastructure expense, not including whatever else might get
owners. If we discount that at a cost of capital of 4.5 percent (roughly 30-year rates now), assuming
themselves for the nominal outlay amounts and will also be looking to recover their cost of capital too. But
er figure for now.
If the value of the buildout is reduced by $424.7 million in value initially because of the attached future MMD
tax requirement, then City of Denton annual ad valorem tax revenue would be reduced by that amount times,
say, our roughly $
All else equal, the values should rise each year as the MMD tax requirement is satisfied, so the negative
impact on taxable value would diminish over the seven years to nothing. But the total loss to the city over the
time of the MMD tax would be something like $10 million.
just talking
about financing effects here, assuming the same amenities.
talking about the financing effects here, assuming the same management.
Some s
financing scheme versus not having it.
As far as I can tell, for the developer to get the very, very valuable low interest financing the MMD enables,
the City of Denton is in effect kicking in a roughly $10 million subsidy.
Staff response: This is a bit difficult to answer with any certainty. With that said, we agree that a house with a
special assessment or tax should sell for less than another home, all else equal.
Developments like Lantana, Harvest, or Canyon Falls all have amenity
packages, schools, trails, etc. that make them unique, and as a result, even with the additional tax burden, their
average home prices are near or higher than other developments that surround them. We also inquired with our
financial advisors at Hilltop Securities, and they are not aware of any instances of homes in special taxing
districts being valued or priced lower due to the additional tax. As a result, they are not of the opinion that the
City would receive less tax revenue from a development with a special taxing district in place. However, we can
certainly explore this further as part of the fiscal impact analysis. Exhibit 1 is a document provided to staff by the
developer which provides their estimates of the financial impact of the project.
10.We hear that this area will not be developed without an MMD or something like it. Is that really true?
On
exactly who would be paying for the infrastructure under the MMD, just spread over time. And if it were
rolled into the purchase price, they would also be paying for it and, if mortgaged, it would likely be spread
over an even longer period of time.
of the Perot family operation.
My understanding is that this is one of the most if not the most successful family in Texas. I can hardly
imagine a family more capable of having access to credit without a subsidy from the City of Denton. Surely I
see why they might have found it worth waiting to develop if they have the prospect of lower cost financing,
Third, $485 million is less than 3.5 percent of the purported $14 billion final value, and we hear buyers are
willing to pay a big premium to be in these developments.
et for
them, not to serve the City of Denton.
with these amenitieswhether we bear the
roughly $10 million differential in tax revenue or not.
Staff response two properties will eventually take place without a financing
district, but the timeframe and type of development (quality, amenities, etc.) as well as the level of coordination
between the developers and the City is unknown. City participation through a financing district allows the
opportunity to secure commitments from the developers regarding gas well reverse setbacks, affordable
housing, funding of city facilities required to serve the development, home quality, natural preservation,
sustainability, etc., which is leverage the City would not have in the absence of a financing district. The proposed
fiscal impact analysis will provide the detailed data that will enable Council to make the most informed decision
possible.
11.So why might we do it? If we could get extra qualities and value beyond what any other developer would
One item that would be on my list would be a West Lake Park of 300-500 acresin addition to the laudable
becomes bigger by that much. It should have a rec center, maybe a dog park, and maybe some amenities for
we should work out whether tax revenue from the additional
residents will cover its operation along with all the other services the city must provide them.
Now the developer shows a proposed city park adjacent to the development on the southeast edge. Is that
real? Proposed by whom? Do we already own that land? If not, would the developer be gifting it to the city
and developing it?
Staff response:
plan is a park pr
that is not an official name at this time. The City already owns the majority of the Southwest Park land (200+/-
y development plan. As part of staff research into what City
resources will be needed to serve Cole Ranch/Hunter Ranch, operations departments have submitted estimated
capital/facilities and operations estimates to be used if a fiscal impact analysis goes forward. In addition to
would be a 150+/- acre City park. The exact location for this park is to be determined, and as such, the City does
not own the
with the developers.
12.Additional reasons why we might opt for a $10 million differential in revenue might be to help achieve
sustainability and health and safety goals for Denton. Would the developer be able to commit to 100 percent
tree preservation above 6 inches at dbh throughout the site and plantings to get up to 20 or 30 percent
canopy?
There are 19 gas well sites on the property. Would the developer be able to commit to 1000-foot setbacks and
scientifically valid, peer-
decision, agreeing to be bound by the results?
Would the developer agree to build to LEED standards and /or provide enough renewable energy generation
Would the developer preserve Pilot Knob as a natural area along with the views up to it?
We would need to put a value on all these, but a set of assured benefits to the city like this could make a case
for seeking the enabling legislation.
Staff response: City participation through a financing district allows the opportunity to negotiate and secure
commitments from the developers regarding the items mentioned above. If the Council is interested in pursuing
these, they can be negotiated with the developer as part of an operating agreement.
13.On the other hand, if it really is true that the land will not develop without an MMD or something like it, we
need at least a rough pro forma of whether the value of all that population growth exceeds the cost of
component, because while
Not saying
asked to enable special financing schemes as we are in this case. We need to understand the financial impact
of a financial decision.
Staff response: The proposed fiscal impact analysis will provide the detailed data that will enable Council to
make the most informed decision possible.
14.If this special taxing district is approved for a piece of property within the city limits/extraterritorial
jurisdiction of Denton, will this set a precedent for other developments to ask for the same thing?
Staff response: Yes, this has the potential of setting a precedent for other large developments in the City. With
this said, the particular development issues associated with Cole/Hunter Ranch are unique, and as such, it will
likely be difficult for any other development to approach the size of this project and the associated
infrastructure needs.
15.How long will it take the residents of these communities to pay these debts off that the developers take on?
Never? Are these special taxing districts open ended that can last into perpetuity?
Staff response: The project will likely be developed in phases consisting of approximately 500-700 acres
each. With each phase, bonds will be sold to pay for the infrastructure, and these bonds will be retired over a 25
to 30 year time horizon. Once the debt is retired, the district could then be dissolved.
16.What if the developers walk away from this project before it is completed? Who is left holding the bag?
Staff response: The developer will be paying for the infrastructure costs up front, and the bonds will be issued
to reimburse them. Therefore, if they walk away from the project, the development of the property would stop,
but the City would not be responsible for any of the costs.
17.Do these developers have a history of trying to sell projects quickly to turn a big profit and leave homeowners
holding the bag?
Staff response: The Hillwood and Stratford Land firms have successfully developed projects across the country,
and we are not aware of any negative issues with their performance.
18.Once the roads, water and sewer lines are built and completed, will the developers turn over maintenance to
the City of Denton?
Staff response: Yes. The taxes paid to the City and fees for utility services will pay for these costs.
19.Will the infrastructure be built to the City of Denton specifications?
Staff response: Yes.
20.Has there been an environmental impact study done on this property to guide the development of such a
large piece of land? I would look closely at this issue and see what type of ecosystem we have there. Maybe
some specialists should take a look at this area.
Staff response: The Environmentally Sensitive Areas have been identified and studied, but I am not aware of an
environmental study being completed for the entire property.
Exhibit 1: Developer estimates of the financial impact of the project
2062
2061
2060
2059
2058
2057
2056
2055
2054
2053
2052
2051
2050
2049
2048
2047
2046
2045
2044
2043
2042
2041
2040
2039
2038
2037
2036
2035
2034
2033
2032
2031
2030
2029
2028
2027
2026
2025
2024
2023
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-163,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,
authorizingtheCityManagertoexecuteaProfessionalServicesAgreementwithJamesR.
KirkpatrickArchitect,Inc.,dbaKirkpatrickArchitectureStudioforarchitecturaldesignservicesforthe
CityofDentonFireStation8tobelocatedat3131ColoradoBlvd.,Denton,TX76210assetforthin
thecontract;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(RFQ
6910-awardedtoJamesR.KirkpatrickArchitect,Inc.,dbaKirkpatrickArchitectureStudio,inthenot-
to exceed amount of $410,907).
City of DentonPage 1 of 1Printed on 2/8/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: February 12, 2019
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a Professional Services Agreement with James R. Kirkpatrick
Architect, Inc., dba Kirkpatrick Architecture Studio for architectural design services for the City of Denton
Fire Station 8 to be located at 3131 Colorado Blvd., Denton, TX 76210 as set forth in the contract; providing
for the expenditure of funds therefor; and providing an effective date (RFQ 6910 awarded to James R.
Kirkpatrick Architect, Inc., dba Kirkpatrick Architecture Studio, in the not-to exceed amount of $410,907).
INFORMATION /BACKGROUND
This item is for design services relating to the construction of Fire Station 8 located at 3131 Colorado Blvd.,
Denton, TX 76210. The Denton Fire/Rescue Department presented its 2013 Facilities Optimization Study
as a supplement to its 2011 to 2015 Strategic Plan, evaluating the location and condition of current Denton
Fire Department facilities. The department made recommendations for the addition and placement of future
facilities to better serve the citizens of Denton. Through an analysis of its existing facilities, locations, and
conditions, staff determined within the scope of the report that Fire Station #8 (Southeast) be added. A site
(3 to 5 acres) for a fire station in the southeast portion of the City was the recommendation to meet the
desired response time criteria.
Based on a statistical analysis completed in 2015 the southeast Denton area reported the highest call volume
compounded with long response times along with growth projections substantially increasing. The
Insurance Services Office (ISO) identified the need for an additional fire station in southeast Denton to
reduce response times in a distribution study. ISO identified the area of Brinker and Colorado as the
optimum site location for a future fire station.
In May 2015, City Council directed Fire to develop strategies to plan for a future fire station 8 as well as
advance the deployment of a new medical unit ahead of the station construction. In October 2016, the
department negotiated a lease agreement with Medical City Denton and Epic Development for a satellite
location on the hospital campus for a new (Medic 8) medical unit to be placed into service. Medic 8 went
into service April 2017 relieving the extended call responses for existing fire stations. Upon completion in
2020 Fire Station 8 will be the first expansion of fire/EMS services from a new facility in 12 years.
To initiate the design process for Fire Station 8, a Request for Qualifications (RFQ) for professional design
services was sent to 118 prospective firms for these services. 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 project scope, approach and understanding, past performance and experience,
qualifications of key personnel, and schedule to complete tasks. Based upon this evaluation, the
recommended award is to James R. Kirkpatrick Architect, Inc., dba Kirkpatrick Architecture Studio of
Denton and is determined to be the most qualified firm for the City (Exhibit 2).
Central Fire and Fire Stations 2, 3, 4, and 7 were all designed by Kirkpatrick Architecture Studio
(Kirkpatrick).
construction for the Fire Department. The relationship with this firm has been outstanding and the Fire
Department has been very satisfied.
demonstrated excellent qualifications in the design of fire stations and has a long, successful, and proven
performance history with the City of Denton. Kirkpatrick has designed several other fire stations in Texas,
Oklahoma, and Louisiana in the recent past and have won several awards and received national accolades
for their designs and functionality.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On April 16, 2013, Council approved the issuance of City of Denton Certificates of Obligation for Fire
Department land acquisitions and facilities improvements (Ordinance 2013-113).
On August 2018, Council approved the issuance of City of Denton Certificates of Obligation for the Fire
Department design services in the amount of $500,000 (Ordinance 18-1444)
RECOMMENDATION
Award a Professional Services Agreement with James R. Kirkpatrick Architect, Inc., dba Kirkpatrick
Architecture Studio, for Design Services and Construction Oversight for the construction of Fire Station 8,
in the amount not-to-exceed amount of $410,907.
PRINCIPAL PLACE OF BUSINESS
James R. Kirkpatrick Architect, Inc., dba Kirkpatrick Architecture Studio
Denton, Texas
ESTIMATED SCHEDULE OF PROJECT
This project will be started upon approval. The entire design/construction project is anticipated to take
twenty (20) months to complete.
FISCAL INFORMATION
These services will be funded from capital improvement account 100218409. Requisition # 141273 has
been entered in the Purchasing software system in the amount of $410,907.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Evaluation Sheet
Exhibit 3: Design Fee Memo
Exhibit 4: Staff Presentation
Exhibit 5: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Jody Strickland at 940-349-7255.
Legal point of contact: Mack Reinwand at 940-349-8333.
Exhibit 2
RFQ 6910 - Evaluation Sheet for Fire Station #8 Design
Project Scope, Past Performance Experience and
Approach and Magnitude and Qualifications Key ScheduleTotal
UnderstandingComplexityPersonnel
RANKFIRM30%40%20%10%100
1Kirkpatrick Architecture Studio30%34%18%10%
92%
228%38%20%5%
Brown Reynolds Watford Architects91%
Brinkley Sargent Wiginton
324%35%16%5%
80%
Architects
4Komatsu20%40%18%0%78%
5Randall Scott Architects24%25%18%0%
67%
6EIKON Consulting Group15%15%12%3%
45%
7RPGA Design Group5%24%10%5%
44%
Facilities Management
869 S Woodrow Ln., Denton, TX 76205 (940) 349-7200
MEMORANDUM
DATE: February 6, 2019
TO: Mario Canizares, Assistant City Manager
FROM: Jody Strickland, Construction Projects Manager
SUBJECT: Kirkpatrick Architecture Studio Fee Breakdown
FIRE STATION #8
KIRKPATRICK ARCHITECTURE STUDIOS
FEE NEGOTIATIONS
% OF NEGOTIATED
ORIGINAL
ORIGINAL FEE % OF FINAL
PROPOSAL
PROPOSAL REDUCTION FINAL FEE PROPOSAL
71% 20%
$ 378,060 $ 300,610 73%
Architect
8% 26%
$ 40,250 $ 29,925 7%
Civil Engineer
1% 22%
$ 5,578 $ 4,331 1%
Landscape Architect
5% 9%
$ 28,750 $ 26,250 6%
Structural Engineer
12% 48%
$ 62,675 $ 32,550 8%
Mech/Elect/Plumb
1% 9%
$ 4,600 $ 4,200 1%
Specification Writer
3% 9%
$ 14,283 $ 13,041 3%
Cost Estimator
100% $ 534,196 $ 410,907 100%
% FEE OF $3.5m Construction cost is 11.70%
Major Fee Reductions
Architect: prior plan development, replication of interior design elements, accelerated
design schedule, shortened approval time
Civil Engineer: flood plain design impacts reduced
Mech/Elect/Plumb.: removed LEED certified design elements, use standard air
conditioning design
Design Fee
As a Percent of estimated Construction Amount it is higher than previous Stations due to
its much smaller size (53% of new Fire Station #3) therefore no "economy of scale" , new
code compliance items and improvements on Colorado Blvd. for Station entry and exit
OUR CORE VALUES
Integrity Fiscal Responsibility Transparency Outstanding Customer Service
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-328,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the Mayor to execute an
escrow agreement regarding reimbursement of City expenses related to municipal improvement districts; and
providing an effective date.
City of DentonPage 1 of 1Printed on 2/8/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CM/ DCM/ ACM: Bryan Langley
DATE: February 12, 2019
SUBJECT
Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the Mayor to execute
anescrow agreement regarding reimbursement of City expenses related to municipal improvement
districts; and providing an effective date.
BACKGROUND
In October 2018, representatives from Cole Ranch and Hunter Ranch contacted City staff to discuss a
coordinated 6,000-acre master-planned development. Both Cole and Hunter Ranches are located within
the city limits and are designated as Master Planned Community Districts under the Denton Development
Code. A project of this size and scale requires significant public infrastructure such as water, wastewater,
drainage, and road facilities, which would be paid for up front by the developers. The developers have
asked the City of Denton to consider the establishment of a municipal management district (MMD) to
enable them to recapture a portion of the cost of construction of the public infrastructure.
On Feb. 5, Council directed staff to move forward with the resolutions of support for legislation creating
the MMD. Council further directed staff to enter into an escrow agreement with the developers of both Cole
Ranch and Hunter Ranch.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
January 15, 2019 Work session on Cole Ranch and Hunter Ranch presented to City Council
February 5, 2019 Work session Cole Ranch and Hunter Ranch presented to City Council
FISCAL INFORMATION
Adoption of this ordinance will allow the City to enter into an escrow agreement with the developers of
both Cole Ranch and Hunter Ranch to reimburse the City for its professional consulting fees, costs and
expenses associated with an independent fiscal impact analysis, legal review, and other reviews as
project, as well as estimating the appropriate tax rate for the MMD.
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Ordinance
Exhibit 3 Escrow Agreement
Exhibit 4 Prior Agenda Information Sheets and Presentations
Exhibit 5 Presentation
Respectfully submitted:
Caroline Booth
Director of Economic Development
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CM/ DCM/ ACM: Bryan Langley
DATE: January 15, 2019
SUBJECT
EXECUTIVE SUMMARY
BACKGROUND
History
New Proposed Project Coordination
Developer Request for a Municipal Management District
Cole RanchHunter RanchTotal
$982,000,000
$485,000,000
Property Tax Rate Comparison
Special District
(MUD, WCID,
FWSD, or Total $ /
DevelopmentCountyHospitalCollegeCityISDMMD)ESDPID$100 Value
Canyon Falls (In Flower Mound)0.225574--0.439001.5850.000--2.24967
Providence0.225574--0.799721.5400.000--2.56529
Pecan Square0.225574--0.295001.4900.705-2.71557
Lantana0.225574---1.5400.950--2.71557
Savannah0.225574---1.5400.9652.73057
Paloma Creek0.225574---1.5400.970(a)--2.73557
Trinity Falls0.180785-0.081222-1.5901.050--2.90201
Canyon Falls (ETJ)0.225574---1.5851.0000.10-2.91062
Canyon Falls (In Northlake)0.225574--0.295001.5850.7050.10-2.91062
Union Park0.225574--0.649901.5400.5152.93047
Hunter/Cole0.225574--0.620481.5400.550--2.93605
Harvest Meadows0.225574---1.4901.0000.100.2103.02557
Harvest 0.225574---1.5851.0000.100.2103.12067
Viridian0.2440000.2244990.1360700.634801.2730.448-0.2703.23047
(a) represents max tax rate within the various Paloma Creek Districts
NEXT STEPS
FISCAL INFORMATION
STRATEGIC PLAN RELATIONSHIP
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
Municipal Management Districts vs. Public Improvement Districts
Municipal Management DistrictPublic Improvement District
o
o
o
o
o
o
o
o
o
35
35
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CM/ DCM/ ACM: Bryan Langley
DATE: February 5, 2019
SUBJECT
BACKGROUND
FISCAL INFORMATION
PRIOR ACTION
EXHIBITS
Responses to Council Questions on Cole Ranch/Hunter Ranch
1.
Development Services staff confirms that the future land use map reflects the development of master planned
communities in this area. Further, staff confirms that the preferred project phasing is at the north of Cole Ranch
near the future Loop 288 and I-35 moving south and west, and at the south of Hunter Ranch near I-35 and
Robson Ranch and moving north and west.
2.Can tax incentives (tax abatements or Chapter 380 tax rebates) be offered by either the City of Denton or the
Board of Directors of the Municipal Management District within the MMD?
in the MMD operating agreement. The
Council can make a policy decision on whether to use City economic development tools within the MMD.
3.What is an estimate of the cost to get road, water and wastewater infrastructure to the development?
Estimated off-site infrastructure costs: $65 million
Estimated Regional infrastructure costs: $240 million
Estimated on-site public infrastructure costs: $300 million
Total: $605 million*
*These figures were provided by the developers and have not been verified by City staff.
4.What is the park fund commitment that would be required from this development under typical
circumstances?
Park Dedication & Development Assessment: Cole/Hunter Ranch
Unit count based on AIS from Jan 15, 2019 Council meeting
5.Link to developer video shown during Jan. 15 presentation:
https://hillwood.box.com/s/mgrgxbx2hixll4cwivq4j4bfxegmlvl7
6.What areas of the development are served by Denton Municipal Electric?
Roughly two-thirds of the development can be served by DME (see map below). The developer agreement can
specify that DME will be the electric provider in all the areas where it certified to serve.
7.What is the cost to provide water and wastewater services to Robson Ranch?
This response is provided to address a request for the costs of water and wastewater services for Robson Ranch. It is
important to note that treatment infrastructure for Water and Wastewater is not included as a part of cost
estimates. For water, treatment costs are covered by the combination of water rates and impact fees. Currently,
Robson Ranch wastewater services are provided by a small treatment plant that was designed and constructed by
Robson Ranch and is operated and maintained by the City of Denton. Wastewater rates cover the costs of the
operation and maintenance of this plant. Cost estimates for the wastewater treatment needs of Robson Ranch are
relatively straightforward, as the current system is isolated to just Robson Ranch, which allows calculations of the
total needs at full build out. Estimates for Water are more difficult, as most projects for water service in the
Southwest service area are not isolated to only Robson Ranch.
Wastewater
All of the wastewater assets that include sewer lines, pump stations and the wastewater treatment plant that
service Robson Ranch were paid for by Robson Ranch. engineer designs the projects, the designs are
reviewed by the city staff, and then the construction is inspected by the nspections
department just like any subdivision within the City. For estimation purposes, the if the current 0.375 million gallon
per day plant was expanded to the modeled need of Robson at full build out, the plant would need to be able to
process approximately 1.6 million gallons per day. A plant this size would likely cost somewhere in the 12-14 million
dollar range to construct. Of note, Denton staff members have been discussing options for full build out wastewater
treatments services for Robson Ranch, and will be bringing and item to Council in the future to discuss these options
Water
Water supply for the Robson development was initially provided by groundwater via a well system. As the area
began to grow, the City of Denton Water utilities completed a number of infrastructure projects to provide water
service in what is generally referred to as the Southwest Service Area, which includes Robson Ranch. There are
several additional projects that are active or will be implemented in the near future to provide water to portions of
this service area. Robson Ranch eventually began receiving water service from the City of Denton from the
Southwest Ground Storage and Booster pump station.
As with Wastewater, the internal water distribution system is designed and constructed by Robson Ranch just like
any subdivision in the City. With regards to projects currently implemented or that will be implemented to provide
water to this area of the City, it is very subjective on what projects (or portions of projects) specifically relate to
Robson development vs other growth in the system. As a result, some broad assumptions must be made. If we
assume the in that areas are just for Robson and will by themselves cover the buildout of Robson (these are very big
assumptions) for the approximate 6,500 connections at full buildout, we can derive the following projects and costs
North-South 42 inch Waterline Phase 2 - $ 10,870,300
Roselawn 3 MG Elevated Storage Tank - $ 6,299,440
Roselawn 24 inch Waterline Project - $ 1,797,363
Vintage Oversize Waterline on South Bonnie Brae - $ 254,269
Allred/John Payne 24 inch and 30 inch Waterlines - $ 5,930,000
Southwest Ground Storage and Booster Pump Station - $ 5,912,002
Robson Oversize Water Lines - $ 284,477
Southwest 3 MG Elevated Storage Tank - $ 5,410,280
Under the identified assumptions, an approximate cost estimate for water service is approximately in the $25
million range.
8.Could the 300-500 acre West Lake Park conceivably incorporate Pilot Knob leaving that area in a substantially
the development include a D.O.R.B.A. sanctioned single track dirt trail at least 10 miles long with at least 500
feet elevation changes that D.O.R.B.A. would agree makes it the premier trail in North Texas (and hence a
tourism draw)?
These elements could be negotiated the developer if the Council identifies these aspects of the project to be
important. Staff has specifically discussed the Pilot Knob area with Hillwood, and they indicated that it was
planned to be left in its natural state. As such, they could incorporate this into a park concept. Staff reached out
to Hillwood regarding the DORBA concept, and while think it is an interesting idea, they are not prepared to
commit to this type use right now, and it will need more study before they can make a specific commitment.
9.A foundational issue for me is understanding whether the proposed financing scheme itself not the
development
ceive to justify
doing it.
All else equalsame property, same amenities, same developer, same, same, samea stream of tax
payments has a cost and would reduce present value. If the homeswith the SAME amenities, etc.have
lower values than they would without the stream of required extra tax payments, that reduces taxable value
to the City of Denton.
of attaching a stream of required paymentsall else equal.
make some big simplifying assumptions just to illustrate the potential impact. If we assume all
annual MMD taxes. To recover $485 million in infrastructure expense, not including whatever else might get
owners. If we discount that at a cost of capital of 4.5 percent (roughly 30-year rates now), assuming
themselves for the nominal outlay amounts and will also be looking to recover their cost of capital too. But
er figure for now.
If the value of the buildout is reduced by $424.7 million in value initially because of the attached future MMD
tax requirement, then City of Denton annual ad valorem tax revenue would be reduced by that amount times,
say, our roughly $
All else equal, the values should rise each year as the MMD tax requirement is satisfied, so the negative
impact on taxable value would diminish over the seven years to nothing. But the total loss to the city over the
time of the MMD tax would be something like $10 million.
just talking
about financing effects here, assuming the same amenities.
talking about the financing effects here, assuming the same management.
Some s
financing scheme versus not having it.
As far as I can tell, for the developer to get the very, very valuable low interest financing the MMD enables,
the City of Denton is in effect kicking in a roughly $10 million subsidy.
Staff response: This is a bit difficult to answer with any certainty. With that said, we agree that a house with a
special assessment or tax should sell for less than another home, all else equal.
Developments like Lantana, Harvest, or Canyon Falls all have amenity
packages, schools, trails, etc. that make them unique, and as a result, even with the additional tax burden, their
average home prices are near or higher than other developments that surround them. We also inquired with our
financial advisors at Hilltop Securities, and they are not aware of any instances of homes in special taxing
districts being valued or priced lower due to the additional tax. As a result, they are not of the opinion that the
City would receive less tax revenue from a development with a special taxing district in place. However, we can
certainly explore this further as part of the fiscal impact analysis. Exhibit 1 is a document provided to staff by the
developer which provides their estimates of the financial impact of the project.
10.We hear that this area will not be developed without an MMD or something like it. Is that really true?
On
exactly who would be paying for the infrastructure under the MMD, just spread over time. And if it were
rolled into the purchase price, they would also be paying for it and, if mortgaged, it would likely be spread
over an even longer period of time.
of the Perot family operation.
My understanding is that this is one of the most if not the most successful family in Texas. I can hardly
imagine a family more capable of having access to credit without a subsidy from the City of Denton. Surely I
see why they might have found it worth waiting to develop if they have the prospect of lower cost financing,
Third, $485 million is less than 3.5 percent of the purported $14 billion final value, and we hear buyers are
willing to pay a big premium to be in these developments.
et for
them, not to serve the City of Denton.
with these amenitieswhether we bear the
roughly $10 million differential in tax revenue or not.
Staff response two properties will eventually take place without a financing
district, but the timeframe and type of development (quality, amenities, etc.) as well as the level of coordination
between the developers and the City is unknown. City participation through a financing district allows the
opportunity to secure commitments from the developers regarding gas well reverse setbacks, affordable
housing, funding of city facilities required to serve the development, home quality, natural preservation,
sustainability, etc., which is leverage the City would not have in the absence of a financing district. The proposed
fiscal impact analysis will provide the detailed data that will enable Council to make the most informed decision
possible.
11.So why might we do it? If we could get extra qualities and value beyond what any other developer would
One item that would be on my list would be a West Lake Park of 300-500 acresin addition to the laudable
becomes bigger by that much. It should have a rec center, maybe a dog park, and maybe some amenities for
we should work out whether tax revenue from the additional
residents will cover its operation along with all the other services the city must provide them.
Now the developer shows a proposed city park adjacent to the development on the southeast edge. Is that
real? Proposed by whom? Do we already own that land? If not, would the developer be gifting it to the city
and developing it?
Staff response:
plan is a park pr
that is not an official name at this time. The City already owns the majority of the Southwest Park land (200+/-
y development plan. As part of staff research into what City
resources will be needed to serve Cole Ranch/Hunter Ranch, operations departments have submitted estimated
capital/facilities and operations estimates to be used if a fiscal impact analysis goes forward. In addition to
would be a 150+/- acre City park. The exact location for this park is to be determined, and as such, the City does
not own the
with the developers.
12.Additional reasons why we might opt for a $10 million differential in revenue might be to help achieve
sustainability and health and safety goals for Denton. Would the developer be able to commit to 100 percent
tree preservation above 6 inches at dbh throughout the site and plantings to get up to 20 or 30 percent
canopy?
There are 19 gas well sites on the property. Would the developer be able to commit to 1000-foot setbacks and
scientifically valid, peer-
decision, agreeing to be bound by the results?
Would the developer agree to build to LEED standards and /or provide enough renewable energy generation
Would the developer preserve Pilot Knob as a natural area along with the views up to it?
We would need to put a value on all these, but a set of assured benefits to the city like this could make a case
for seeking the enabling legislation.
Staff response: City participation through a financing district allows the opportunity to negotiate and secure
commitments from the developers regarding the items mentioned above. If the Council is interested in pursuing
these, they can be negotiated with the developer as part of an operating agreement.
13.On the other hand, if it really is true that the land will not develop without an MMD or something like it, we
need at least a rough pro forma of whether the value of all that population growth exceeds the cost of
component, because while
Not saying
asked to enable special financing schemes as we are in this case. We need to understand the financial impact
of a financial decision.
Staff response: The proposed fiscal impact analysis will provide the detailed data that will enable Council to
make the most informed decision possible.
14.If this special taxing district is approved for a piece of property within the city limits/extraterritorial
jurisdiction of Denton, will this set a precedent for other developments to ask for the same thing?
Staff response: Yes, this has the potential of setting a precedent for other large developments in the City. With
this said, the particular development issues associated with Cole/Hunter Ranch are unique, and as such, it will
likely be difficult for any other development to approach the size of this project and the associated
infrastructure needs.
15.How long will it take the residents of these communities to pay these debts off that the developers take on?
Never? Are these special taxing districts open ended that can last into perpetuity?
Staff response: The project will likely be developed in phases consisting of approximately 500-700 acres
each. With each phase, bonds will be sold to pay for the infrastructure, and these bonds will be retired over a 25
to 30 year time horizon. Once the debt is retired, the district could then be dissolved.
16.What if the developers walk away from this project before it is completed? Who is left holding the bag?
Staff response: The developer will be paying for the infrastructure costs up front, and the bonds will be issued
to reimburse them. Therefore, if they walk away from the project, the development of the property would stop,
but the City would not be responsible for any of the costs.
17.Do these developers have a history of trying to sell projects quickly to turn a big profit and leave homeowners
holding the bag?
Staff response: The Hillwood and Stratford Land firms have successfully developed projects across the country,
and we are not aware of any negative issues with their performance.
18.Once the roads, water and sewer lines are built and completed, will the developers turn over maintenance to
the City of Denton?
Staff response: Yes. The taxes paid to the City and fees for utility services will pay for these costs.
19.Will the infrastructure be built to the City of Denton specifications?
Staff response: Yes.
20.Has there been an environmental impact study done on this property to guide the development of such a
large piece of land? I would look closely at this issue and see what type of ecosystem we have there. Maybe
some specialists should take a look at this area.
Staff response: The Environmentally Sensitive Areas have been identified and studied, but I am not aware of an
environmental study being completed for the entire property.
Exhibit 1: Developer estimates of the financial impact of the project
2062
2061
2060
2059
2058
2057
2056
2055
2054
2053
2052
2051
2050
2049
2048
2047
2046
2045
2044
2043
2042
2041
2040
2039
2038
2037
2036
2035
2034
2033
2032
2031
2030
2029
2028
2027
2026
2025
2024
2023
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-327,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceapprovingasettlementagreementandreleasebetweentheCityofDenton,a
TexashomerulemunicipalcorporationandAmericanBioSource,LLC,aTexaslimitedliabilitycompany,
regardingissuesanddisputesrelatedtoaleaseagreementapprovedunderordinanceno.2014-020and
authorizingtheCityManager,orhisdesignee,toexecutethesame;approvingtheexpenditureoffunds
therefor; and declaring an effective date.
City of DentonPage 1 of 1Printed on 2/8/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Solid Waste
CM/ DCM/ ACM: Mario Canizares
DATE: February 12, 2019
SUBJECT
Consider approval of an ordinance approving a settlement agreement and release between the City of
Denton, a Texas home rule municipal corporation and American Bio Source, LLC, a Texas limited liability
company, regarding issues and disputes related to a lease agreement approved under ordinance no. 2014-
020 and authorizing the City Manager, or his designee, to execute the same; approving the expenditure of
funds therefor; and declaring an effective date.
BACKGROUND
On January 7, 2014, the City of Denton entered into a lease agreement with American Bio Source, LLC,
for the use of a building and 1.004 acres of property at 1527 S. Mayhill Rd. The initial term of the agreement
expired on December 31, 2018, and the City Council elected not to renew the agreement for an additional
term.
Upon notification of non-renewal, American Bio Source requested that the City of Denton consider
extending the lease term to March 31, 2019 to allow the firm time to shut down operations and transport
In exchange the firm would agree to a settlement agreement and
mutual release of claims.
The settlement agreement attached for Council consideration grants American Biosource the requested
extension and provides for mutual release for claims by either party associated with the lease.
RECOMMENDATIONS
Staff recommends approval of the settlement agreement.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
November 7, 2014 The City Council approved a lease agreement between the City of Denton and
American Bio Source, LLC.
August 28, 2018 The City Council was briefed on legal issues associated with the lease agreement.
November 27, 2018 The City Council was briefed on legal issues associated with the lease agreement.
December 18, 2018 The City Council was briefed on legal issues associated with the lease agreement.
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Ordinance and Settlement Agreement
Respectfully submitted:
Ethan Cox
Director of Solid Waste
Prepared by:
Ethan Cox
Director of Solid Waste
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-353,Version:1
AGENDA CAPTION
ConsideramotiontoreconsidertheFebruary5,2019denialofanordinanceforaSpecificUsePermit(FileID
S18-0008g)toallowforamulti-familyresidentialuseaspartofamixed-usedevelopmentonanapproximately
31-acresite,generallylocatedonthenorthsideofWindsorDrive,eastoftheI-35NFrontageRoad,intheCity
ofDenton,DentonCounty,Texas;providingforapenaltyinthemaximumamountof$2,000.00forviolations
thereof;providingforseverability;andestablishinganeffectivedate(S18-0008g,WindsorDriveApartments,
Hayley Zagurski).
City of DentonPage 1 of 1Printed on 2/8/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_______________
___________________
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: February 12, 2019
SUBJECT
Consider a motion to reconsider the February 5, 2019 denial of an ordinance for a Specific Use Permit (File
ID S18-0008g) to allow for a multi-family residential use as part of a mixed-use development onan
approximately 31-acre site, generally located on the north side of Windsor Drive, east of the I-35 N Frontage
Road, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of
$2,000.00 for violations thereof; providing for severability; and establishing an effective date (S18-0008g,
Windsor Drive Apartments, Hayley Zagurski).
BACKGROUND
On February 5, 2019, the City Council held a public hearing for case S18-0008. A motion was made at this
meeting to deny the item, and the motion was approved \[4-3\].
Section 2-29(g)(11) of the City Ordinances allows a member who voted with the prevailing side
(in this case, the four members who voted to deny the Specific Use Permit) of the prior motion to make a
motion to reconsider so long as such motion is made not later than the next succeeding official meeting of
the Council The motion to reconsider may be seconded by any member of the Council.
On Friday, February 8, 2019 Mayor Chris Watts requested that an item be placed on the February 12, 2019
City Council agenda for consideration.
Should the motion to reconsider carry, the Council would then direct staff to provide public notification
and schedule a new public hearing to reconsider adoption of Ordinance S18-0008g. A new public hearing
is required so that the Council can regain jurisdiction over the zoning item. Per Texas case law,
jurisdiction over an item is lost once an item is either approved or denied by the local governing body.
Notification of the new public hearing could be sent to the local newspaper and surrounding property
owners to allow the public hearing to be held at the April 2, 2019 City Council meeting.
Should the motion to reconsider fail, the original denial of the SUP would stand. In accordance with Section
35.3.4.C.6 of the Denton Development Code, if an application is denied, then the subject property shall not
be eligible for resubmittal for twelve (12) months unless the applicant can show a substantial change in
circumstances to justify a resubmittal.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The subject property was zoned Neighborhood Residential Mixed Use (NRMU) District as part of the
2002 city-wide rezoning.
The Planning and Zoning Commission held a public hearing regarding this SUP request on November 14,
th
2018 and voted unanimously to continue the public hearing to the November 28meeting.
Subsequently, at the November 28, 2018 Planning and Zoning Commission meeting the Planning and
Zoning Commission recommend approval of the request with all of the above stated staff
recommendations and conditions \[4-3\].
On December 4, 2018 the City Council opened the public hearing for this case and voted \[7-0\] to continue
the public hearing to a date certain of January 15, 2019.
On January 15, 2019 the City Council opened the public hearing for this case and voted \[6-0\] to continue
the public hearing to a date certain of February 5, 2019.
On February 5, 2019 the City Council opened the public hearing for this case and voted \[4-3\] to deny the
requested SUP.
EXHIBITS
1. Agenda Information Sheet
Information related to Ordinance S18-0008g from the February 5, 2019 City Council meeting can be
found online at: https://www.cityofdenton.com/en-us/government/open/agendas-minutes.
Respectfully submitted:
Richard Cannone, AICP
Deputy Director/Planning Director
Prepared by:
Hayley Zagurski
Senior Planner
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-356,Version:1
AGENDA CAPTION
Considernominations/appointmentstotheCity’sBoards,Commissions,andCommittees:AnimalShelter
AdvisoryCommittee,Health&BuildingStandardsCommission,LibraryBoard,TrafficSafetyCommission,
and Committee on Persons with Disabilities.
City of DentonPage 1 of 1Printed on 2/8/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
DCM: Bryan Langley
DATE: February 12, 2019
SUBJECT
Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Animal Shelter
Advisory Committee, Health & Building Standards Commission, Library Board, Traffic Safety
Commission, and Committee on Persons with Disabilities.
BACKGROUND
Exhibit 2 includes the vacancies for Boards, Commissions, and Committees. Nominations made at this
meeting can be voted on should the Council desire. Approval would be contingent on completion of the
confirmation process.
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Nominations Sheet
Respectfully submitted:
Rachel Wood
Interim City Secretary
BOARDANDCOMMISSIONNOMINATIONS
BoardCouncilMemberNomination