The URL can be used to link to this page

Home My WebLink About2019-08-20 Agenda with BackupTuesday, August 20, 2019 City of Denton Meeting Agenda City Council City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com 12:00 PM Work Session Room & Council Chambers WORK SESSION BEGINS AT 12:00 P.M. IN THE WORK SESSION ROOM REGULAR MEETING BEGINS AT 6:30 P.M. IN THE COUNCIL CHAMBERS After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, August 20, 2019, at 12:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on this agenda. 3. Work Session Reports A. ID 191840 Receive a report, hold a discussion, and give staff direction regarding the draft 2019 Historic Preservation Plan. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation B. ID 191941 Receive a report, hold a discussion, and give staff direction regarding the cost recovery and resource allocation study for the Development Services Department. Attachments: Exhibit 1 - Agenda Information Sheet DS Exhibit 2- Fee Study Analysis Exhibit 3- Development Services Fee Study Presentation C. DCA19-0005 Receive a report, hold a discussion, and give staff direction regarding 2439 and 3167 b House Bill draft ordinances and amendments to the 2019 Denton Development Code. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - 2439 House Bill Draft Ordinance Exhibit 3 - 3167 House Bill Draft Ordinance Exhibit 4 - Presentation.pdf D. ID 191948 Receive a report, hold a discussion and give staff direction on Solid Waste matters, Page 1 Printed on 812 312 01 9 City Council Meeting Agenda August 20, 2019 including 1) the proposed FY 2019-20 Solid Waste Rates, 2) the valet pilot program, and 3) acceptance of guaranteed landfill tonnage under contract. Attachments: Exhibit 1 Agenda Information Sheet.docx E. ID 19-1930 Receive a report, hold a discussion, and give staff direction regarding the FY 2019-20 City Manager's Proposed Budget, Capital Improvement Program, and Five -Year Financial Forecast. Attachments: Exhibit 1 Agenda Information Sheet.docx Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. 1. Closed Meeting: A. ID 19-1951 Consultation with Attorneys - Texas Government Code Section 551.071. Discuss, deliberate, and receive information from the City's attorneys and provide the City's attorneys with direction regarding legal issues associated with the proposed agreements between the City and potential contractors for delivery of guaranteed tonnage to the landfill where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the Texas Government Code (the `Public Power Exception'). The City Council reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act, including, without limitation Sections 551.071-551.086 of the Texas Open Meetings Act. REGULAR MEETING OF THE CITY OF DENTON CITY COUNCIL AT 6:30 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, 215 E. MCKINNEY STREET, DENTON, TEXAS AT WHICH THE FOLLOWING ITEMS WILL BE CONSIDERED: 1. PLEDGE OF ALLEGIANCE Page 2 Printed on 812 312 01 9 City Council Meeting Agenda August 20, 2019 A. U.S. Flag B. Texas Flag "Honor the Texas Flag — I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. ID 19-1849 Payroll Week B. ID 19-1889 International Overdose Awareness Day C. ID 19-1922 Special Citizens Bond Advisory Committee 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public. This section of the agenda permits any person who has registered in advance to make a citizen report regarding a public business item he or she wishes to be considered by the City Council. This is limited to no more than four (4) speakers per meeting with each speaker allowed a maximum of four (4) minutes to present their report. At the conclusion of each report, the City Council may pose questions to the speaker or may engage in discussion. If the City Council believes that a speaker's report requires a more detailed review, the City Council will give the City Manager or City Staff direction to place the item on a future work session or regular meeting agenda and advise staff as to the background materials to be desired at such meeting. C. Additional Citizen Reports - This section of the agenda, which is also known as the "open microphone" section, permits any person who is not registered for a citizen report to make comments about public business items not listed on the agenda. This section is limited to two open microphone speakers per meeting with each speaker allowed a maximum of four (4) minutes. Such person(s) must file a "Blue Card" requesting to speak during this period, prior to the calling of this agenda item. During open microphone reports under this section of the agenda, the Council may listen to citizens speak. However, because notice of the subject of the open microphone report has not been provided to the public in advance, the Texas Open Meetings Act limits any deliberation or decision by the Council to: a proposal to place the item on a future agenda; a statement of factual policy; or a recitation of existing policy. Council Members may not ask the open microphone speakers questions or discuss the items presented during open microphone reports. NOTE: If audio/visual aids during presentations to Council are needed, they must be submitted to the City Secretary 24 hours prior to the meeting. 4. CONSENT AGENDA Each of these items is recommended by Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A — F). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent Page 3 Printed on 812 312 01 9 City Council Meeting Agenda August 20, 2019 Agenda Items will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. ID 19-685 Consider approval of a resolution of the City of Denton allowing the Denton Black Chamber of Commerce to sell alcoholic beverages at the Denton Blues Festival, on Saturday September 21, 2019, from 11:00 a.m. to 11:00 p.m., and Sunday, September 22, 2019, from 10:00 a.m. to 10:00 p.m., at the Quakertown Park upon satisfying certain conditions; authorizing the City Manager, or his designee, to execute an agreement in conformity with this resolution; and providing for an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution B. ID 19-1850 Consider adoption of an ordinance of the City of Denton approving a City co-sponsorship in an amount not to exceed $19,352 of in-kind services and resources for the Denton Blues Festival, which will be held on Friday, September 20, 2019, from 11:00 a.m. to 11:00 p.m., Saturday, September 21, 2019, from 12:00 p.m. to 11:00 p.m., and Sunday, September 22, 2019, from 10:00 a.m. to 10:00 p.m., at the Quakertown Park; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 Co -Sponsorship Approval Letter C. ID 19-1851 Consider adoption of an ordinance of the City of Denton granting the Denton Black Chamber of Commerce a noise exception pursuant to Section 17-20 of the City of Denton Code of Ordinances, with respect to sound levels and hours of operation for the Denton Blues Festival, which will be held on Friday, September 20, 2019 from 11:00 a.m. to 11:00 p.m., Saturday, September 21, 2019 from 12:00 p.m. to 11:00 p.m., and Sunday, September 22, 2019, from 10:00 a.m. to 10:00 p.m., at the Quakertown Park; granting an increase in sound levels and a variance in the hours of operation on said dates for Friday from 11:00 a.m. to 11:00 p.m., Saturday from 12:00 p.m. to 11:00 p.m., and Sunday from 10:00 a.m. to 10:00 p.m., with sound not to exceed 70 decibels; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance D. ID 19-1894 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of a first amendment to a Professional Services Agreement between the City of Denton and Dannenbaum Engineering Company - Dallas, LLC, amending the contract approved by City Council on June 5, 2018, in the not -to -exceed amount of $183,839.97; said first amendment to provide Professional Engineering Services for the 2018 Denton Sidewalks Project in the amount of $135,715.59; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-007 - providing for an additional first amendment expenditure amount not -to -exceed $135,715.59, for a total contract amount not -to -exceed $319,555.56). Page 4 Printed on 812 312 01 9 City Council Meeting Agenda August 20, 2019 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Project Map Exhibit 4 - LLC Members Exhibit 5 - Ordinance and Amendment E. ID 19-1899 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal cooperation, authorizing the City Manager to execute a contract with Whirlix Design, Inc., for the Construction of Three (2019) Playgrounds for the Parks and Recreation Department; providing expenditure of funds therefor; and providing an effective date (RFP 7020 - awarded to Whirlix Design, Inc., in the not -to -exceed amount of $352,791). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Ordinance and Contract F. ID 19-1901 Consider approval of the minutes of August 5 and August 6, 2019. Attachments: Exhibit 1 - August 5, 2019 Minutes Exhibit 2 - August 6, 2019 Minutes 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 19-1956 Consider approval of a resolution of the City of Denton to support all citizens and urge them to demonstrate kindness at every level of interaction with one another; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet - Resolution of Kindness Exhibit 2 - Resolution of Kindness. B. ID 19-1954 Consider nominations/appointments to the City's Economic Development Partnership Board. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance No. 2017-203 Exhibit 3 - Presentation C. ID 19-1766 Consider nominations/appointments to the City's Boards, Commissions, and Committees: Board of Ethics, Human Services Advisory Committee, and Traffic Safety Commission. Attachments: Exhibit 1 - Agenda Information Sheet B&C 08-20-2019 100MMI 6. PUBLIC HEARINGS A. ID 19-1880 Hold a public hearing on a proposal to adopt a tax rate of $0.605450 with a maximum allowable rate of $0.628802 per $100 valuation, which will exceed the lower of the effective or rollback tax rate. Page 5 Printed on 812 312 01 9 City Council Meeting Agenda August 20, 2019 Attachments: Exhibit 1 Agenda Information Sheet.docx Exhibit 2 2019 Notice of Proposed Tax Rate.pdf B. ID 19-1692 Hold a public hearing on a proposal to adopt a resolution of no objection to the proposed new construction of Denton Grove Apartments in Denton to provide affordable and market rate rental housing, which will facilitate the developer's application for 4% housing tax credit with the Texas Department of Housing and Community Affairs. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Denton Grove HTC Application Exhibit 3 - Draft Resolution Exhibit 4 - Presentation C. DCA19-0005 Hold a public hearing and consider adoption of an ordinance of the City of Denton, e Texas, amending Ordinance DCA18-0009q, by establishing a new effective date, amending Sections of the 2019 Denton Development Code to be consistent with House Bill 2439 regarding regulating building products, materials, or methods used in the construction or renovation of residential and commercial buildings; to be consistent with House Bill 3167 regarding municipal approval procedure for land development applications; and amendments related to Planned Development, Historic Landmark Commission composition, Certificate of Zoning Compliance procedure, Replat procedure, Buffer Points and Minimum Width Requirements, Certificate of Appropriateness procedure, Historic Landmark Designation procedure, Highway Corridor maximum building height, Suburban Corridor minimum front yard setback, allowing Elderly Housing, Tattoo and Body Piercing Parlor, General Personal Service, Donation Boxes, and Mobile Food Truck in certain Zoning Districts, minimum square footage for Single Family Detached Dwelling, Short Term Rental use -specific standards, Low -Impact Manufacturing use -specific standards, Accessory Dwelling Unit use -specific standards, Street Tree requirements, Parking and Loading requirements for Private School, Medical Office, and Elderly Housing, Parking Surface Materials, definitions for Dwelling\Dwelling Unit, Automotive Fuel Sales, Floor Area, General Retail, Mobile Food Court, Recreational Vehicle, Outdoor Storage, and Outside Storage, adding a definition for Mobile Food Truck, deleting the definition of Living Space, and other related edits. STAFF IS REQUESTING THAT THIS ITEM BE WITHDRAWN. (DCA19-0005e, 2019 DDC Amendments, Ron Menguita) Attachments: Exhibit 1 - Agenda Information Sheet D. DCA19-0005f Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance DCA18-0009q, by establishing a new effective date, amending certain Sections of the 2019 Denton Development Code to be consistent with House Bills 2439 and 3167, and amending certain Sections of the 2019 Denton Development Code to provide clarification, make necessary corrections and other related edits. STAFF IS REQUESTING THAT THIS ITEM BE WITHDRAWN. (DCA19-0005f, 2019 DDC Amendments, Ron Menguita). Attachments: Exhibit 1 - Aaenda Information Sheet DCA19-0005f.odf Page 6 Printed on 812 312 01 9 City Council Meeting Agenda August 20, 2019 E. Z19 -0006b F. G Attachments: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance 2015-217 to revise the overlay conditions on approximately 30.7 acres of land zoned Neighborhood Residential (NR -3) District, generally located on the southwest comer of Hinkle Drive and West Windsor Drive, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing for severability and an effective date. The Planning and Zoning Commission recommended approval of the request (6-1). (Z19 -0006b, Fireside Addition, Julie Wyatt) Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Site Location Map Map Exhibit 6 - Ordinance 2015-217 DCA 19-0006 Hold a public hearing and consider adoption of an ordinance of the City of Denton, a Texas, suspending enforcement of regulations prescribing the types of materials, products or aesthetic methods used for construction or renovation of residential and commercial buildings, in so far as they conflict with HB 2439 and HB 2497, passed by the 86th Legislature of the State of Texas and signed by Governor Greg Abbott on June 14, 2019; enacting selected interim amendments to preempted provisions of the Denton Development Code (Ord. 2002-040, as previously or hereafter amended), the 2019 Denton Development Code (Ord. DCA18-0009q, as it now exists or as it may be amended), and building code regulations; providing for compliance with new state laws affecting materials used in the construction or renovation of residential and commercial buildings, rules and procedures before the Zoning Board of Adjustment; providing for appeals; providing related directives to the City Manager; providing a conflict/savings clause; providing an effective date. The Planning and Zoning Commission recommends approval 6-0. (DCA19-0006a, House Bill 2439, Ron Menguita) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - 2439 House Bill Draft Ordinance Exhibit 3 - Presentation DCA 19-0007 Hold a public hearing and consider adoption of an ordinance of the City of Denton, a Texas, suspending any conflicting application of those permitting and approval procedures related to subdivision and development plans or plats, contained in either the Denton Development Code (Ord. 2002-040, as previously or hereafter amended) or the 2019 Denton Development Code (Ord. DCA18-0009q, as it now exists or as it may be amended), to the limited extent that either conflicts with the provisions of HB 3167, Page 7 Printed on 812 312 01 9 City Council Meeting Agenda August 20, 2019 passed by the 86th Legislature of the state of Texas and signed by Governor Greg Abbott on June 14, 2019, directing city staff to process all plans and plats as defined in HB 3167 in accordance with the provisions of HB 3167; providing for conflict/savings clause; and providing an effective date. The Planning and Zoning Commission recommends approval 6-0. (DCA19-0007a, House Bill 3167, Ron Menguita) Attachments: Exhibit 1 - Agenda Information Sheet 7. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics, above posted. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2019 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM AND COUNCIL CHAMBERS ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1 -800 -RELAY -TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. Page 8 Printed on 812 312 01 9 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com IENI"ON Legislation Text File #: ID 19-1840, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the draft 2019 Historic Preservation Plan. City of Denton Page 1 of 1 Printed on 8/16/2019 powo and by I ogiFfl ar nvl City of Denton _ city Hall 411'460� 215 E. McKinney Street DENTON Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: August 20, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the draft 2019 Historic Preservation Plan. BACKGROUND The City's current Preservation Plan was adopted in August of 1985. The Denton Plan 2030 called for updating the Plan and in February of 2018, the Texas Historical Commission (THC) awarded the City a matching grant of $20,000.00 for preparation of a new plan. The Lakota Group, a firm specializing in historic preservation, urban planning and landscape architecture, has been working with staff on a new preservation plan for the City of Denton since September of 2018. The Draft Historic Preservation Plan (HPP) is attached as Exhibit 2. SUMMARY In 2018, the City of Denton and its Historic Landmark Commission initiated a year-long process to create a community HPP that will guide local decision-making on the identification, conservation, and stewardship of Denton's architecturally and historically significant buildings and places. Like many Texas communities, the City of Denton is seeking ways in which to encourage growth and economic development while preserving and maintaining the assets that make their communities distinct from others including traditional neighborhoods, vibrant historic downtowns, churches, schools, industrial buildings, and other heritage resources that contribute to a community's sense of place and quality of life. The last HPP for Denton was adopted in 1985 and provided the groundwork for designating the existing Local Historic Districts and City Landmarks. The 2019 HPP makes recommendations on future historic districts, landmarks, preservation incentives and design management tools, providing a strategic direction for historic preservation that builds on past successes. This Project was partially funded through a Certified Local Government Grant from the THC and the National Park Service of the U.S. Department of the Interior. Staff will be presenting an overview and seeking direction on the draft Historic Preservation. The draft will be published at dentonhistoricpreservationplan.com for public comment. Following feedback received on the draft, the final 2019 HPP will be considered at the following meetings: Historic Landmark Commission — September 9, 2019 Planning and Zoning Commission — September 18, 2019 City Council — September 24, 2019 In order to receive the matching grant from the THC, the HPP must be approved by September 30, 2019. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Funds were allocated in 2016 and 2017. EXHIBITS: 1. Agenda Information Sheet 2. PowerPoint Presentation Respectfully submitted: Richard Cannone, AICP Deputy Director Development Services Planning Director Prepared By: Roman McAllen, Assoc. AIA, AICP, CNU-A Historic Preservation Officer Local Districts Local Landmarks National Register Districts listed in the Register Buildings and sites listed in the National • City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1941,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the cost recovery and resource allocation study for the Development Services Department. City of DentonPage 1 of 1Printed on 8/16/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT:Finance CM:Todd Hileman DATE:August 20, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the cost recovery and resource allocation study for the Development Services Department. BACKGROUND On June 18, 2019 staff presented a work session to City Council which included a high-level overview of the cost recovery for Development Services. Staff contracted with Matrix ConsultingGroup (Matrix)to complete a detailed cost of service analysis.Planning fees have been substantially unchanged since 1999 and building fees were last updated in 2014. DISCUSSION In completing the study, Matrix found the Development Services is recovering approximately 54% of cost. Planning is recovering16% of costs, Building Inspection is covering 74% of costs, and Engineering Development Review is recovering 31% of costs. The methodology employed is a widely accepted“bottom up” approach to cost analysis, where time spent per unit of fee activity isdetermined for each position within a division. Once time spent for a feeactivity isdetermined, all applicable Departmental costs are then considered in the calculation ofthe “full” cost of providing each service. The following table provides an overview oftypes of costs applied in establishing the “full” cost of services provided by each unitincluded in this Study: Cost ComponentDescription Direct FY20Adopted Budgeted salaries and benefits. Departmental Overhead Division or Departmental administration / management and administrativesupport. Citywide Overhead City costs associated with central service costs such as payroll, human resources, budgeting, City management, etc. Together, the cost components in the table comprise the calculation of the total“full” cost of providing any particular service.Matrix completed staff interviews, data collection, cost analysis, and reviews by City staff. Attached as Exhibit 2is the analysis completed by Matrix showing the current fee, total cost per unit at full cost, and the cost recovery percentage by fee type. Following that information is the staff recommended rate for each fee type with those for which staff is recommended a subsidized rate highlighted in red. For Building Permits, staff is recommending a subsidized rate for fees which are deminimis and would otherwise deter people from obtaining a permit. Policy discussion for City Council to consider is the appropriate subsidy level for these functions and whether to incorporate the full fees in the FY2019-20 orenact incremental increasesover two years. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 18, 2019 –City Council held a work session on cost recovery EXHIBITS 1.Agenda Information Sheet 2.Analysis 3.Presentation Respectfully submitted: David Gaines, 349-8260 Director of Finance City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:DCA19-0005b,Version:1 AGENDA CAPTION Receiveareport,holdadiscussion,andgivestaffdirectionregarding2439and3167HouseBilldraft ordinances and amendments to the 2019 Denton Development Code. City of DentonPage 1 of 1Printed on 8/16/2019 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: August 20, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding 2439 and 3167 House Bill draft ordinances and amendments to the 2019 Denton Development Code. BACKGROUND As a result of recently passed legislation (House Bills 2439 and 3167) effective September 1, 2019, staff is in the process of preparing required amendments to the 2019 Denton Development Code (DDC). In order to comply with the House Bills, staff is proposing two ordinances that will give the city time to prepare and approve the required amendments after September 1, 2019. Attached for your review are drafts of the 2439 and 3167 House Bill ordinances as Exhibits 2 and 3, respectively. The intent is to continue to work through the required amendments with the Development Code Review Committee (DCRC), receive input from the Planning and Zoning Commission and to seek direction from City Council. Because the required amendments are important and will affect numerous stakeholders, including City Council and Boards and Commissions, staff is proposing multiple DCRC meetings and Planning and Zoning Commission and City Council work sessions. At the multiple meetings and work sessions staff will present an overview of the required amendments. In addition to the required amendments to the DDC, staff is proposing additional Code amendments that will correct and provide further clarification to the DDC. The required amendments and the additional Code amendments will be brought forward to City Council as soon as possible. It should be noted that both the amendments were noticed as one public hearing item on the August 20 City Council agenda. Since the amendments will be considered after September 1, staff is requesting that the public hearing item be withdrawn from the agenda. PRIOR ACTION/REVIEW (Council, Boards, Commissions) April 10, 2019 - Planning and Zoning Commission Public Hearing – recommended approval of the Denton Development Code (DDC) Update. April 23, 2019 - City Council Public Hearing – approved the Denton Development Code (DDC) Update with an effective date of October 1, 2019. May 21, 2019 - City Council Work Session July 23, 2019 - City Council Work Session August 7, 2019 - Planning and Zoning Commission Work Session August 13, 2019 - City Council Work Session August 14, 2019 - Planning and Zoning Commission Public Hearing EXHIBITS 1.Agenda Information Sheet 2.2439 House Bill Draft Ordinance 3.3167 House Bill Draft Ordinance 4.Presentation Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner S:\\Legal\\Our Documents\\Ordinances\\19\\DCA19-0006 refined.docx ORDINANCE NO. DCA19-0006 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SUSPENDING ENFORCEMENT OF REGULATIONS PRESCRIBING THE TYPES OF MATERIALS, PRODUCTS OR AESTHETIC METHODS USED FOR CONSTRUCTION OR RENOVATION OF RESIDENTIAL AND COMMERCIAL BUILDINGS, IN SO FAR AS THEY CONFLICT WITH HB 2439 AND HB 2497, TH PASSED BY THE 86 LEGISLATURE OF THE STATE OF TEXAS AND SIGNED BY GOVERNOR GREG ABBOTT ON JUNE 14, 2019; ENACTING SELECTED INTERIM AMENDMENTS TO PREEMPTED PROVISIONS OF THE DENTON DEVELOPMENT CODE (ORD. 2002-040, AS PREVIOUSLY OR HEREAFTER AMENDED), THE 2019 DENTON DEVELOPMENT CODE (ORD. DCA18-0009q, AS IT NOW EXISTS OR AS IT MAY BE AMENDED), AND BUILDING CODE REGULATIONS; PROVIDING FOR COMPLIANCE WITH NEW STATE LAWS AFFECTING MATERIALS USED IN THE CONSTRUCTION OR RENOVATION OF RESIDENTIAL AND COMMERICAL BUILDINGS; RULES AND PROCEEDINGS BEFORE THE ZONING BOARD OF ADJUSTMENT; PROVIDING FOR APPEALS; PROVIDING RELATED DIRECTIVES TO THE CITY MANAGER; PROVIDING A CONFLICT/SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the 2019 Legislature enacted HB 2439, prohibiting municipal regulation of materials used for construction and renovation of residential and commercial buildings in certain instances and subject to certain exceptions; and WHEREAS, HB 2439 affects both the enactment of new regulations and the enforcement of existing regulations pertaining to materials for construction or alteration of residential and commercial buildings; and WHEREAS, HB 2439 was signed by the Governor on June 14, 2019 and has an effective date of September 1, 2019; and WHEREAS, HB 2497 requires amendments to procedures applicable to the rules of and appellate procedures before the Zoning Board of Adjustment; and WHEREAS, HB 2497 was signed by the Governor on June 10, 2019 and has an effective date of September 1, 2019; and WHEREAS, it is the intent of the City Council of the City of Denton, Texas , to fully comply with the provisions of HB 2439 and HB 2497, while maximizing the public health, safety and general welfare of its citizens; and WHEREAS, the City Council finds that City regulations prescribing the types of materials, products or aesthetic methods used for the construction or alteration of residential and commercial buildings are essential for preserving the public health and safety of its citizens and substantially further the economic development and general welfare of the City; and WHEREAS, the City Council further finds that the exemptions provided for in HB 2439 advance the public health, safety and general welfare of the citizens of the City; and WHEREAS, the exemptions to the provisions of HB 2439 hereinafter provided by this Ordinance are in accordance with the purpose and content of such law; and WHEREAS, there is insufficient time before HB 2439 takes effect to amend specific provisions of s zoning and building regulations that may conflict with the provisions of HB 2439; and WHEREAS, it is the intent of this Ordinance to supersede enforcement of regulations prescribing the types of materials, products or aesthetic methods used for construction or renovation of residential and commercial buildings, in so far as they conflict with HB 2439; and WHEREAS, it is the further intent of this Ordinance to provide procedures for appealing decisions of officials in the enforcement of regulations prescribing the types of materials, products and aesthetic methods used for construction or renovation of residential and commercial buildings; and WHEREAS, it is the further intent of this Ordinance to provide information to citizens of the City, Texas, that are affected by HB 2439 concerning the prohibitions and limitations on enactment and enforcement of zoning and building regulations prescribing the types of materials, products and aesthetic methods used for construction or renovation of residential and commercial buildings; and WHEREAS, the 2019 Legislature enacted HB 2497 affecting procedures and appellate rights tment, with an effective date of September 1, 2019; and WHEREAS, it is the further intent of this Ordinance to make selected interim amendments to the provisions of the Denton Development Code in order to implement such changes; and WHEREAS, the City has given notice of the selected interim amendments to the zoning and building regulations contained in this Ordinance in accordance with all provisions of state law and the ordinances; and WHEREAS, a public hearing on the provisions of this Ordinance b& Zoning Commission was conducted on August 14, 2019; and WHEREAS, the City Council has received the report of the Commission recommending approval of this Ordinance; and WHEREAS, a public hearing on the provisions of this Ordinance before the City Council was conducted on August 20, 2019; and WHEREAS, the City Council finds that this Ordinance substantially advances the public health, safety and general welfare of the citizens of the City, Texas; and WHEREAS, the City Council of the City of Denton, Texas urges the Texas Legislature to reconsider the provisions of these Acts at its earliest opportunity; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: Incorporation of Recitals. The foregoing recitals hereby are incorporated by reference and made a part hereof as if fully set forth. SECTION 2. Definitions. The following definitions apply to the provisions of this ordinance: (a) National model code means a publication that is developed, promulgated, and periodically updated at a national level by organizations consisting of industry and government fire and building safety officials through a legislative or consensus process and that is intended for consideration by National Electrical Code and the International Building Code. 2 (b) Residential building means a building having the character of a one-family or two-family dwelling or a multiple single-family dwelling that is not more than three stories high with separate means of egress, including the accessory structures of the dwelling and that does not have the character of a facility used for the accommodation of transient guests or a structure in which medical, rehabilitative, or assisted living services are provided in connection with the occupancy of the structure. (c) b a building for the use or occupation of people for a public purpose or economic gain, or a residence if the building is a multi-family residence that is not defined as a residential building. (d) adopted by the City, as amended: the 2012 International Residential Code, the 2011 National Electrical Code; the 2012 International Building Code; the 2012 International Plumbing Code; the 2012 International Mechanical Code; and the 2015 International Energy Conservation Code. SECTION 3. Prohibitions on Enforcement. (a) rules to the contrary, an official responsible for enforcement of the Denton Development Code or Building Codes, as designated by city charter, ordinance or other authorization of the City, shall not: (1) prohibit or limit, directly or indirectly, the use or installation of a building product or material in the construction, renovation, maintenance, or other alteration of a residential or commercial building if the building product or material is approved for use by a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building; or (2) enforce a standard for a building product, material, or aesthetic method in construction, renovation, maintenance, or other alteration of a residential or commercial building if the standard is more stringent than a standard for the product, material, or aesthetic method under a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building. (b) An applicant who proposes to use a building material, product or aesthetic method in the construction or alteration of a residential or commercial building that is prohibited or limited by the Denton Development Code or building codes, as amended, or that is less stringent than the standard established by such Ordinance or building codes, as amended, shall identify each provision in a national model code published within the last three code cycles that approves the use of such building material, product or aesthetic method, as a necessary requirement of the application. (c) An applicant may agree in writing to employ a building material, product or aesthetic method for use in the construction or alternation of a residential or commercial building that otherwise cannot be enforced under subsection (a). SECTION 4. Exemptions for ordinances, requirements and programs. The prohibitions in Section 3 do not apply to the following ordinances, requirements or programs of the City or State, and the officials responsible for enforcement of the Denton Development Code and Building Codes, as designated by city charter, ordinance or other authorization of the City, shall apply all regulations and standards prescribed by such enactments, requirements or programs, whether such ordinances, requirements or programs existing or hereafter adopted or established, to the fullest extent therein provided: 3 (a) a local amendment of a building code to conform to local concerns if the amendment does not conflict with Sections 3(a) or (b); (b) a program established by a state agency that requires particular standards, incentives, or financing arrangements in order to comply with requirements of a state or federal funding source or housing program; (c) a requirement for a building necessary to consider the building eligible for windstorm and hail insurance coverage under Chapter 2210, Texas Insurance Code; (d) an ordinance or other regulation that regulates outdoor lighting that is adopted for the purpose of reducing light pollution and that: (1) is adopted by a governmental entity that is certified as a Dark Sky Community by the International Dark-Sky Association as part of the International Dark Sky Places Program; or (2) applies to outdoor lighting within five miles of the boundary of a military base in which an active training program is conducted; (e) an ordinance that regulates outdoor lighting and is adopted under Subchapter B, Chapter 229, Texas Local Government Code, or under Subchapter B, Chapter 240, Texas Local Government Code; or (f) installation of a fire sprinkler protection system under Tex. Occupation Code, section 1301.551(i), or under Tex. Health and Safety Code, section 775.045(a)(1). SECTION 5. Exemptions for Buildings. The prohibitions in Section 3 do not apply to the following buildings, and the officials responsible for enforcement of the Denton Development Code and Building Codes, as designated by city charter, ordinance or other authorization of the City, shall apply all regulations and standards prescribed by those ordinances or codes to such buildings, whether such provisions are existing or hereafter adopted or established, to the fullest extent. (a) a building located in a place or area designated for its historical, cultural, or architectural importance and significance by the City which were adopted by the City Council prior to April 1, 2019: (b) a building located in a zoning district designated by the City Council after April 1, 2019 for its historical, cultural, or architectural importance and significance by the City, and for which the owner has voluntarily consented in writing to the application of the regulations or standards prohibited by Section 3, including the following zoning districts and any district that may hereafter be created by the City Council for its historical, cultural, or architectural importance and significance; (c) a building located in a place or area designated for its historical, cultural, or architectural importance and significance that a municipality may regulate under Section 211.003(b), Texas Local Government Code, if the municipality (1) is a certified local government under the National Historic Preservation Act (54 U.S.C. Section 300101 et seq.); or (2) has an applicable landmark ordinance that meets the requirements under the certified local government program as determined by the Texas Historical Commission; (d) a building located in an area designated as a historic district on the National Register of Historic Places; (e) a building designated as a Recorded Texas Historic Landmark; (f) a building designated as a State Archeological Landmark or State Antiquities Landmark; 4 (g) a building listed on the National Register of Historic Places or designated as a landmark by a governmental entity; (h) a building located in a World Heritage Buffer Zone; and (i) a building located in an area designated for development, restoration, or preservation in a main street city under the main street program established under Section 442.014, Texas Govt. Code. SECTION 6. Appeal. An applicant, landowner or other aggrieved person may appeal the decision of an official responsible for enforcement of the Denton Development Code or Building Codes, as designated by city charter, ordinance or other authorization of the City, applying a regulation or standard to the construction, renovation, maintenance, or other alteration of a residential or commercial building, which application is asserted to be prohibited by Section 3, in the following manner: (a) If the decision applies a requirement of a building code, to the Building Board of Appeals, or if there is no Building Board, to the Zoning Board of Adjustment; or (b) if the decision applies a requirement of the zoning ordinance, to the Zoning Board of Adjustment. The appeal shall identify the provision or provisions which the appellant alleges to have been applied in violation of Section 3. The appeal shall be filed, processed and decided in the manner provided for appeals by the appellate entity herein designated. SECTION 7. Amendments to Zoning Board of Adjustment Procedures. Notwithstanding any other apply to the adoption of or amendment to rules of the Zoning Board of Adjustment and to appellate procedures before the Board. (a) Rules of the Zoning Board of Adjustment adopted or amended on or after September 1, 2019, must be approved by the City Council. (b) Appeals to the Board from the decision of an administrative official made on or after September 1, 2019, shall be governed by the following rules: (1) an appeal of a decision by an administrative official that is not related to a specific application, address or project may be made by an aggrieved person or any officer, department, board, or bureau of the City affected by the decision. (2) an appeal of a decision by an administrative official that is related to a specific application, address or project may be made by: the applicant; t property that is the subject of the decision; an aggrieved person who is the owner of property within 200 feet of the property that is the subject of the decision; or any officer, department, board, or bureau of the City affected by the decision. SECTION 9. Conflict/Savings Clause. In the event of a conflict between the provisions of this Ordinance and any other regulation or rule prescribed by charter, another ordinance, resolution or authorization of the City, the provisions of this Ordinance shall control. Notwithstanding the foregoing, all rights and remedies of the City are expressly saved as to any and all complaints, actions, claims, or lawsuits, which have been initiated or have arisen under or pursuant to such conflicting regulation or rule, or portion thereof, on the date of adoption of this Ordinance shall continue to be governed by the provisions of the 5 conflicting regulation or rule, and for that purpose the conflicting regulation or rule shall remain in full force and effect. SECTION 10. Effective Date. This Ordinance shall take effect immediately upon passage and approval. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________; the ordinance was passed and approved by the following vote \[___ - ___\]: Aye Nay Abstain Absent Mayor Chris Watts: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this, the _____ day of _____________, 2019. _______________________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /s/Jerry E. Drake, Jr. 6 S:\\Legal\\Our Documents\\Ordinances\\19\\DCA 19-0007.docx ORDINANCE NO. DCA 19-0007 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SUSPENDING ANY CONFLICTING APPLICATION OF THOSE PERMITTING AND APPROVAL PROCEDURES RELATING TO SUBDIVISION AND DEVELOPMENT PLANS OR PLATS, CONTAINED IN EITHER THE DENTON DEVELOPMENT CODE (ORD. 2002-040, AS PREVIOUSLY OR HEREAFTER AMENDED) OR THE 2019 DENTON DEVELOPMENT CODE (ORD. DCA18-0009q, AS IT NOW EXISTS OR AS IT MAY BE AMENDED), TO THE LIMITED EXTENT THAT EITHER TH CONFLICTS WITH THE PROVISIONS OF HB 3167, PASSED BY THE 86 LEGISLATURE OF THE STATE OF TEXAS AND SIGNED BY GOVERNOR GREG ABBOTT ON JUNE 14, 2019; DIRECTING CITY STAFF TO PROCESS ALL PLANS AND PLATS AS DEFINED IN HB 3167 IN ACCORDANCE WITH THE PROVISIONS OF HB 3167; PROVIDING FOR A CONFLICT/SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. th WHEREAS, the 86 Legislature of the State of Texas passed HB 3167 which was signed by Governor Abbott on June 14, 2019, with an effective date of September 1, 2019 WHEREAS, the Act requires extensive revisions to both the Denton Development Code and the 2019 Denton Development Code, and to the way in which the plats and plans, as defined in the Act, are processed by the staff and the Planning & Zoning Commission; and WHEREAS, the City Council of the City of Denton, Texas urges the Texas Legislature to reconsider the provisions of the Act at its earliest opportunity; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals set forth above are incorporated as if fully set forth herein. SECTION 2. The City Council hereby acknowledges the provisions of the Act and suspends the application of any ordinance or process contained in either the Denton Development Code or the succeeding 2019 Denton Development Code, as they now exist or as they may be amended, that conflict with the provisions and requirements of the Act. SECTION 3. staff, and outside consultants to process, approve, approve with conditions, or deny all plats and plans, as defined in the Act, in accordance with the provisions and requirements of the Act. SECTION 4. Conflict/Savings Clause. In the event of a conflict between the provisions of this Ordinance and any other regulation or rule prescribed by charter, another ordinance, resolution or authorization of the City, the provisions of this Ordinance shall control. Notwithstanding the foregoing, all rights and remedies of the City are expressly saved as to any and all complaints, actions, claims, or lawsuits, which have been initiated or have arisen under or pursuant to such conflicting regulation or rule, or portion thereof, on the date of adoption of this Ordinance shall continue to be governed by the provisions of the conflicting regulation or rule, and for that purpose the conflicting regulation or rule shall remain in full force and effect. SECTION 5. Effective Date. This Ordinance shall take effect immediately upon passage and approval. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________, the ordinance was passed and approved by the following vote \[___ - ___\]: Aye Nay Abstain Absent Mayor Chris Watts: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this, the _____ day of _____________, 2019. _______________________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /s/Jerry E. Drake, Jr. PAGE 2 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1948,Version:1 AGENDA CAPTION Receiveareport,holdadiscussionandgivestaffdirectiononSolidWastematters,including1)theproposed FY2019-20SolidWasteRates,2)thevaletpilotprogram,and3)acceptanceofguaranteedlandfilltonnage under contract. City of DentonPage 1 of 1Printed on 8/16/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT:Finance CFO:Antonio Puente Jr. DATE:August20, 2019 SUBJECT Receive a report, hold a discussion and give staff direction on Solid Waste matters, including 1) the proposed FY 2019-20 Solid Waste Rates, 2) the valet pilot program, and 3) acceptance of guaranteed landfill tonnage under contract. BACKGROUND The proposed FY 2019-2020 Solid Waste Operating Budgetand CIP were presented to PUB on April 22, 2019and approved on July 22, 2019. The City Council reviewed the budget on June 11, 2019. The following summarizes the proposed changes to existing Solid Waste rates: Residential No changes to existing monthly refuse and recycling rates Introduction of Yard Waste Subscription Service o Cart -$.50/month, $20.00 cart purchase o Kraft Bags -$1.00/month Discontinuation of Excess Refuse Collection Fee -$7.00/per reload Excess Brush Collection –$7.00/CY to $75.00/per hour assessed in ¼ hour increments, in excess of 4 cubic yards Bulk Waste Collection –$7.00/item to $5.00/per item in excess of 2 items Same Day Cart Change Out Fee –reduced from $65.00 to $50.00 Commercial No change for existing commercial rates Introduction of Bulky Waste Collection -$20.00 Trip Fee, $5.00/per item Introduction of Valet Service Rates o Tier 1 -$24.70 o Tier 2 -$138.25 o Tier 3 -$148.75 o Tier 4 -$289.50 o Tier 5 -$460.00 Landfill Introduction of Non-Denton Resident/Business Gate Rate -$46.00/ton Decrease Appliance Drop-off Fee from $20.00/item to $10.00/item Decrease Electronic Drop-off Fee from $20.00/item to $10.00/item. Discontinuation of Tire Disposal Rate Discontinuation of Crushed Concrete Rate Cubic yardage rates (in the event of scale outage) o Decrease un-compacted MSW (per cubic yard) from $7.80 to $7.50 o Increase compacted MSW (per cubic yard) from $8.00 to $14.50 EXHIBITS 1.Agenda Information Sheet 2.FY 2019-20Solid WasteRed Line RateOrdinance 3.FY 2019-20Solid Waste Rate Comparison 4.Presentation Respectfully submitted: David Gaines, 349-8260 Director of Finance Prepared by: Nicholas Vincent Budget Manager 940-349-8063 ORDINANCE NO. ________________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS ESTABLISHING THEOF RATES FOR SOLID WASTE AND RECYCLING COLLECTION SERVICE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND, PROVIDING AN EFFECTIVE DATE. SECTION 1. The charges for Solid Waste and Recycling collection services as established as follows: SOLID WASTE AND RECYCLING RATE SCHEDULES PAGE RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES ............................. 2 COMMERCIAL REFUSE & RECYCLING COLLECTION SERVICES ............................ 3 PROCESSING AND DISPOSAL SERVICES ........................................................................... 5 SOLID WASTE AND RECYCLING SERVICES DEFINITIONS ......................................... 6 1 RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES (Effective 10/01/20189) Units/Accounts elidgible for Residential collection services accounts are defined as: A single- family detached dwelling unit, each unit of a duplex, or triplex, or quadraplex, or any single unit or living space in which an individual or single family resides. Residential collection services are not available to residents of apartments, dormatories, or other multifamily housing units. Carts are collected weekly on a date and at a time assigned by the City of Denton. All refuse must be be bagged when placedcontained and secured within a plastic bag prior to deposition deposit within the refuse cart and the lid must be fully closed. Recycling materials should shall not be bagged when placed in the recycling cart and the lid must be fully closed. All carts must be placed at the curb by 7:00 a.m. on the scheduled collection day. Residential accounts are billed monthly. To receive any of the following residential services, a residents shall contact Customer Service a minimum of one business day prior to their scheduled collection day. Monthly Rate Residential Collection Services Standard Refuse & Recycling Cart (65 Gallon Refuse Cart) $24.51 Large Refuse & Recycling Cart (95 Gallon Refuse Cart) $29.26 Additional Large Cart $17.38 Yard Waste Subscription Kraft Bags $1.00 Yard Waste Subscription Cart $0.50 Fee Residential Service Fees Excess Refuse per cart reload and empty $7.00 Yard Waste per cubic yard, in excess of 4 cubic yards $7.00 Large Household ItemBulk Waste Collection per item, in excess of 4 $5.007.00 items per year 2 items per collection Brush Collection per staff per hour, in excess of 4 cubic yards $75.00 Appliances and Electronics Collection (per item) $20.00 Residential Remodeling per CY (4 CY maximum) $25.00 Yard Waste Cart per cart purchase $20.00 Cart change out fee for next service day $50.0065.00 2 COMMERCIAL REFUSE & RECYCLING COLLECTION SERVICES (Effective 10/01/20189) New commercial business development and redevelopment will be provided commercial refuse and recycling services as outlined in the Denton Development Code and Site Plan Criteria Manual. Persuant to the City of Denton Code of Ordiances, Chapter 24, the City of Denton is the exclusive provider of commercial refuse service in the City of Denton. Refuse and recyclables will be collected in city provided or city-approved containers only. Persuant to the City of Denton Code of Ordinances, Chapter 24, the City of Denton is a provider of commercial recycling service in the City of Denton. Operators may contract with any provider to collect, transport, and process their recyclable material. containers. The owner/manager of all commercial businesses is responsible for notifying their employees/personnel of proper recycling procedures. Refuse & Recycling Rates Commercial Cart Service One Pair Refuse & Recycling Carts $33.25 Additional Refuse Cart $19.75 Additional Recycling Cart $15.00 Refuse & Recycling Rates Side Load Service 1x Per 2x Per 3x Per 4x Per 5x Per 6x Per Size WeekWeekWeekWeekWeekWeek 3 CY $104.64 $209.28 $313.92 $439.44 $ 576.90 $ 726.84 4 CY $139.52 $279.04 $418.56 $585.92 $ 769.20 $ 969.12 Front Load Service 1x Per 2x Per 3x Per 4x Per 5x Per 6x Per Size WeekWeekWeekWeekWeekWeek 3 CY$74.16 $148.32 $222.48 $311.52 $408.75 $515.16 4 CY$98.88 $197.76 $296.64 $415.36 $545.00 $686.88 6 CY$148.32 $296.64 $444.96 $623.04 $817.50 $1,030.32 8 CY$197.76 $395.52 $593.28 $830.72 $1,090.00 $1,373.76 3 Compactor Rates (Per CY) Front Load Compactor Service $74.16 Commercial Organics Collection Service Monthly Service Fee (3 CY 1 x week) $374.13 Extra Empty $240.00 Commercial Service Fees $75.00 Container Right-of-Way Fee $10.00 Same Day Service Fee $50.00 Dumpster Lock Installation (one-time fee) $20.00 Temporary Container Service Rental Fee Per Month 80.00 Temporary Container Service Per Empty Fee $120.00 Damaged Containers Repl. Cost Bulk Waste Collection Trip Fee $20.00 Bulk Waste Collection Per Item Collection Fee $5.00 Roll-Off Container Rates Rental Rates Per Month Container Rental $167.08 30 Cubic Yard Self Contained Compactor $448.95 42 Cubic Yard Stationary Compactor $645.75 Container Service Fee (Each Haul) $275.00 No Parking Zone Fees Initial Year Front Load $205.00 Side Load (Extra Length) $395.00 Renewal Fees - Per Month 4 Front Load $6.75 Side Load (Extra Length) $10.90 Valet Shared Service Rates $ 24.70 Tier 1 Offices and Residential $138.25 Tier 2 Small Retail Stores and Bars (no food) $148.75 Tier 3 Large Retail Stores, Bars (with food), and Small Restaurants $289.50 Tier 4 Medium Sized Restaurants (limited service) $460.00 Tier 5 Large Sized Restaurants (full service) Compactor Rates Front Load Compactor Service (Per CY) $ 74.16 30 Cubic Yard Self Contained Compactor $448.95 42 Cubic Yard Stationary Compactor $645.75 Container Service Fee (Each Haul) $275.00 Roll-Off Container Rates Container Rental (Monthly) $167.08 Container Service Fee (Each Haul) $275.00 Commercial Organics Collection Service Monthly Service Fee (3 CY 1 x week) $374.13 Extra Empty $240.00 Commercial Service Fees $ 75.00 Container Right-of-Way Fee $ 10.00 Same Day Service Fee $ 50.00 Dumpster Lock Installation (one-time fee) $ 20.00 Temporary Container Service Rental Fee Per Month $ 80.00 Temporary Container Service Per Empty Fee $120.00 Damaged Containers Repl. Cost Bulk Waste Collection Trip Fee $ 20.00 Bulk Waste Collection Per Item Collection Fee $ 5.00 No Parking Zone Fees Initial YearInstallation Fee Front Load $205.00 Side Load (Extra Length) $395.00 No Parking Zone MaintenanceRenewal Fees - Per Month Front Load $ 6.75 Side Load (Extra Length) $ 10.90 5 PROCESSING AND DISPOSAL SERVICES (Effective 10/01/20189) Landfill Rates (per ton) Per Ton Gate Rate (City of Denton Residents/Businesses Utility bill reuired for $44.00 proof of residence) Gate Rate (Non-Denton Residents/Businesses) $46.00 City Hauled Disposal Rate (Open Top & Compactors) $40.00 Wholesale Rate $24.50 Sludge, Dewatered $46.00 Clean Concrete, Asphalt, Brick, or Dirt (if needed) $22.00 Special Waste (must be pre-approved by City of Denton) Varies Minimum Charge (per load) $25.00 After Hour Fee $120.00 Unsecured Loads $20.00 Pull-Off Fee $60.00 Electronics per item $15.00$10.00 Appliances per item $20.00 $10.00 Cubic Yardage Rates (in event of scale outage) Uncompacted MSW (per CY) $7.807.50 Compacted MSW (per CY) $8.0014.50 Tires (Each) Per Tire $8.00 $10.00 Off- $35.00 Tire with Rim $16.00 $30.00 6 Off-ro $50.00 Brush and Green Waste Per Ton Whole tree stumps $50.00 U- $20.00 bagged material is not accepted Brush > 12' $30.00 Crushed Concrete (per Ton) $8.00 SOLID WASTE & RECYCLING SERVICES DEFINITIONS & ADDITIONAL DETAILS (Effective 10/01/20189) Household Hazardous Waste Residential and multi-family household chemicals should not be placed in refuse or recycling containers. These waste materials include pesticides, herbicides, cleaning chemicals, paints, oils, etc. Residents shall contact Customer Service to receive schedule curbside collection. The chemicals should be kept in their original containers and placed where requested by the Customer Service staff. Residents may Home Chemical Center located at 1527 S. Mayhill Rd. dDuring operational hours. Household hazardous waste may not be left for disposal while the facility is closed or unattended. Residential Brush Collection 4 cubic yards of brush will be collected at no charge by contacting Customer Service to schedule a collection. Accumulations in excess of 4 cubic yards will be assessed a collection fee equivalent to the hourly labor and equipment cost to collect the material. The collection fee will be assessed in half quarter hour increments. Electronic Equipment Televisions, monitors, video displays, laptops, similar electronic devices, and certain appliances containing CRT, LED, LCD, plasma, and other electronic displays will be charged fees for the collection, processing, recycling, and disposal of these items. Residential Remodeling Residential remodeling materials include, but are not limited to; lumber, brick, fencing, drywall, and other construction materials. No materials shall exceed 8 feet in length. If the customer has over 4 cubic yards of remodeling materials for collection, the customer is required to utilize a City refuse container of adequate size to contain the materials and maintain a collection service frequency of at least once per month. Special Event Clearstream Services 7 Clearstream containers are available for special events at no charge. they can be picked up and returned by the customer to the Solid Waste & Recycling administration office located at 1527 S. Mayhill Rd. Commercial Cart Collections In areas where commercial cart collection service is available, small quantity waste generators (one cubic yard or less of refuse per week) may contract for weekly cart service. All refuse must be placed in the cart, and the cart set out for collection no later than 7:00 a.m. on the scheduled collection day. Commercial Delivery / Relocation / Inaccessible / Exchange Fee / Extra Service A fee will be charged for container delivery, relocation, inaccessibility, exchange, or extra collection services. Shared Commercial ServicesContainers Shared commercial container customers must have at least one cubic yard of service per customer per week. The rates are billed according to the commercial cubic yard rates. The use of shared commercial containers shall be determined by the Solid Waste & Recycling staff. The Director of Solid Waste may designate certain commercial containers as shared containers for use by multiple commercial customers. Shared containers rates are grouped by tiers which include a range of costs. Commercial customers are assigned to a rate tier according to business type. The rate assigned within each tier may vary and fluctuate according to waste and recycling volumes and frequency of service. Commercial Bulky Waste cCollection Commercial Bbulky waste is bulk material (furniture, mattresses, etc.) placed outside the dumpster or roll- waste set for disposal at commercial businesses may be collected by the City of Denton if the property owner, business owners, and/or account holder schedules a collection. A trip charge and per item fee is assessed for all collections. Commercial Service Requirements Equipment Uses - All equipment furnished by the City shall at all times be considered the property of the City, and not private property. Customers shall not modify the equipment or use it for any purpose other than as set forth herein. The City shall repair, as necessary, the equipment furnished. The customer, however, agrees to be solely responsible for any damages to or loss of equipment resulting from any negligent acts or misuse by the customer, customer's agents, employees, or invitees. The City may temporarily replace the size and/or type of equipment contracted with one or more pieces of equipment of equivalent capacity for the purposes of repairing the equipment. Customer agrees that the equipment is in the customer's care, custody, and control at all times. 8 Gate Rate All persons delivering material to the City of Denton Landfill are subject to a fee for the disposal or beneficial reuse of said material. City of Denton residents and businesses qualify for the City gate rate by providing proof of residency. Clean mixed paper, cardboard, steel and aluminum cans, glass bottles, and plastics #1-7 delivered to the recycling facility exclusively for recycling are not assessed a fee. Special Wastes Acceptance of special waste is subject to Federal and State laws and regulations. , and tThe City of Denton has the right to refuse to accept or collect special waste at their discretion. Charges for the collection and disposal of special waste, approved by the Director of Solid Waste and Recycling, will be established based on the type of special waste, the regulatory requirements, and cost of service for collection and disposal of the waste. Unsecured Loads In compliance with Texas Transportation Code, Title 7, Chapter 725,Sec.725.021(c).State regulations, solid waste loads that are not adequately secured/tarped to prevent the material from spilling will be charged an Unsecured Load Fee. Aggregate Material Sales The Solid Waste Department may sell excess aggregate materials to the public. Sales tax shall be added to the sales price. Pull Off Fee The City of Denton Landfill staff may assist commercial transporters in unloading materials for disposal when available and for a fee. Effort must be pre-approved by the Director of the City of Denton Department of Solid Waste and Recycling (or their designee,), applicants must complete and sign a liability waiver, and City of Denton staff must be able to safely access and unload material with City equipment. The Landfill Manager, or their designee, will have the final Landfill Surcharge The State of Texas assesses a landfill surcharge per (30 TAC 330.602), the surcharge is a pass- through charge collected on behalf of the State of Texas. Any additional assessment or fees established by a governmental entity will be added to the disposal rates and assessed on all waste delivered to the landfill. Contracted Commercial Disposal Rates The Denton City Council may, at its sole discretion, approve service contracts with commercial waste haulers Mayhill Rd. Miscellaneous Should any other fees and/or charges be established by any other authorized governmental entity, those fees and/or charges will be added to the monthly rate stated hereinabove in order that the City shall recover those additional costs from the customer. 9 Indemnification and Hold Harmless Customer shall defend, indemnify and hold the City harmless from any and all claims at the service location, and any and all claims made by any other person having an interest in the property situated at the service location, for any loss, damage or deterioration of the pavement, surface, subsurface materials, or similar facilities at the service location by reason of use thereof indemnify, defend and hold harmless the City of Denton, Texas, from and against any and all claims of damages related to the furnishing of solid waste and recycling services performed by the City in servicing single- and multi-family living facilities as well as commercial entities. SECTION 2. The Director of Solid Waste and Recycling of the City of Denton, or designee, is hereby authorized to deny the use of the City of Denton landfill to any customer who provides false information regarding the origin of, or the composition of the solid waste delivered for disposal to the landfill; or for safety violations committed by a customer within the landfill; or for non-compliance with verbal and written instructions provided to the customer by Solid Waste and Recycling Department personnel at the landfill; or for nonpayment of delinquent funds owed by the customer to the City of Denton, Texas; or for any violation of the law committed by the customer within the landfill; or for any non-compliance by the customer with the Texas Commission on Environmental Quality regulations or policies; or for any non- violation of the written landfill rules by the customer as posted by the Solid Waste and Recycling Department at the entrances to the landfill, from time to time. SECTION 3. It is in the public interest that the provisions of Sections 26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9 of Article I of Chapter 26 of the City of Denton Code of Ordinances shall expressly apply to City of Denton Solid Waste and Recycling services. SECTION 4. All ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 6. This ordinance shall become effective, charged, and applied to all solid waste and recycling services rendered by the City of Denton on and after October 1, 20189; and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas. The motion to approve this Ordinance was made by __________________________ and seconded by _________________________________; the Ordinance was passed and approved by the following vote \[___ - ___\]: 10 Aye Nay Abstain Absent Chris Watts, Mayor: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Jesse Davis Don Duff, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED and APPROVED this ________ day of ____________, 20189. ______________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY By: ____________________________________ 11 CITY OF DENTON SOLID WASTE & RECYCLING UTILITY FISCAL YEAR RATE COMPARISON Rate Schedule20202019 RatesVariance Rates Residential Collection Services Monthly RateMonthly Rate Standard Refuse & Recycling Cart (65 Gallon Refuse Cart)24.5124.510% Large Refuse & Recycling Cart (95 Gallon Refuse Cart)29.2629.260% Additional Large Refuse Cart17.3817.380% Yard Waste Subscription - Kraft Bags*1.00 - Yard Waste Subscription - Cart*0.50 - Residential Service Fees Bulk Waste Collection - per item, in excess of 2 items per collection*5.00 - Brush Collection - per staff hour, in excess of 4 cubic yards*75.00 - Appliances & Electronics Collection (per item)20.0020.000% Residential Remodeling - per cubic yard-(4 CY maximum)25.0025.000% Yard Waste Cart - per cart purchase*20.00 - Cart Change Out Fee (next service day)50.0065.00-23% Commercial Service - SWC One Pair-Refuse and Recycling Carts33.2533.250% Additional Refuse Cart19.7519.750% Additional Recycling Cart15.0015.000% Commercial Side Load Refuse & Recycling 1xPer Week Commercial Side Load-3 CY104.64104.640% Commercial Side Load-4 CY 139.52139.520% 2xPer Week Commercial Side Load-3 CY209.28209.280% Commercial Side Load-4 CY 279.04279.040% 3xPer Week Commercial Side Load-3 CY313.92313.920% Commercial Side Load-4 CY 418.56418.560% 4xPer Week Commercial Side Load-3 CY439.44439.440% Commercial Side Load-4 CY 585.92585.920% 5xPer Week Commercial Side Load-3 CY576.90576.900% Commercial Side Load-4 CY 769.20769.200% 6xPer Week Commercial Side Load-3 CY726.84726.840% Commercial Side Load-4 CY 969.12969.120% CITY OF DENTON SOLID WASTE & RECYCLING UTILITY FISCAL YEAR RATE COMPARISON Rate Schedule20202019 RatesVariance Rates Commercial Front Load Refuse & Recycling 1xPer Week Commercial Front Load-3 CY 74.1674.160% Commercial Front Load-4 CY 98.8898.880% Commercial Front Load-6 CY 148.32148.320% Commercial Front Load-8 CY 197.76197.760% 2xPer Week Commercial Front Load-3 CY 148.32148.320% Commercial Front Load-4 CY 197.76197.760% Commercial Front Load-6 CY 296.64296.640% Commercial Front Load-8 CY 395.52395.520% 3xPer Week Commercial Front Load-3 CY 222.48222.480% Commercial Front Load-4 CY 296.64296.640% Commercial Front Load-6 CY 444.96444.960% Commercial Front Load-8 CY 593.28593.280% 4xPer Week Commercial Front Load-3 CY 311.52311.520% Commercial Front Load-4 CY 415.36415.360% Commercial Front Load-6 CY 623.04623.040% Commercial Front Load-8 CY 830.72830.720% 5xPer Week Commercial Front Load-3 CY 408.75408.750% Commercial Front Load-4 CY 545.00545.000% Commercial Front Load-6 CY 817.50817.500% Commercial Front Load-8 CY 1,090.001,090.000% 6xPer Week Commercial Front Load-3 CY 515.16515.160% Commercial Front Load-4 CY 686.88686.880% Commercial Front Load-6 CY 1,030.321,030.320% Commercial Front Load-8 CY 1,373.761,373.760% Valet Shared Service Rates Tier 1 - Offices and Residential*24.70 - Tier 2 - Small Retail Stores and Bars (no food)*138.25 - Tier 3 - Large Retail Stores, Bars (with food), and Small Restaurants*148.75 - Tier 4 - Medium Sized Restaurants (limited service)*289.50 - Tier 5 - Large Sized Restaurants (full service)*460.00 - Compactor Rates Front Load Compactor Service (Per CY)74.1674.160% 30 Cubic Yard Self Contained Compactor448.95448.950% 42 Cubic Yard Stationary Compactor645.75645.750% Container Service Fee (Each Haul)275.00275.000% Roll-Off Container Rates Container Rental - (monthly)167.08167.080% Container Service Fee (Each Haul)275.00275.000% Commercial Organics Collection Service Monthly Service Fee (3 CY 1 x week)374.13374.130% Extra Empty240.00240.000% CITY OF DENTON SOLID WASTE & RECYCLING UTILITY FISCAL YEAR RATE COMPARISON Rate Schedule20202019 RatesVariance Rates Commercial Service Fees Delivery / Inaccessible / Relocation / Exchange / Extra Service75.0075.000% Same Day Service Fee50.0050.000% Dumpster Lock Installation (one-time fee)20.0020.000% Temporary Container Service Rental Fee Per Month80.0080.000% Temporary Container Service Per Empty Fee120.00120.000% Damaged ContainersRepl. CostRepl. Cost0% Bulk Waste Collection - Trip Fee*20.00 - Bulk Waste Collection - Per Item Collection Fee*5.00 - Landfill Rates (per ton)Per TonPer Ton Gate Rate (City of Denton Residents/Businesses) 44.0044.000% Gate Rate (Non-Denton Residents/Businesses)* 46.0044.005% City Hauled Disposal Rate (Open Top & Compactors)40.0040.000% Wholesale Rate24.5024.500% Sludge Dewatered46.0046.000% Clean Concrete, Asphate, Brick, or Dirt (if needed)22.0022.000% Special Waste (Must be pre-approved by City of Denton)VariesVaries Minimum Charge (per load) 25.0025.000% After Hour Fee120.00120.000% Unsecured Loads - per load20.0020.000% Electronics - Per Item10.0015.00-33% Appliances - Per item10.0020.00-50% Cubic Yardage Rates (in event of scale outage) Uncompacted MSW / CY7.507.80-4% Compacted MSW / CY14.508.0081% Brush and Green WastePer TonPer Ton Whole tree stumps50.0050.000% Unbagged grass, leaves, and brush <=12'-bagged not accepted20.0020.000% Brush >12'30.0030.000% *Represents new service and rate for FY 20 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1930,Version:1 AGENDA CAPTION Receiveareport,holdadiscussion,andgivestaffdirectionregardingtheFY2019-20CityManager’sProposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. City of DentonPage 1 of 1Printed on 8/16/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT:Finance CFO:Antonio Puente Jr. DATE:August20, 2019 SUBJECT Receive a report,hold a discussion, and give staff direction regarding the FY 2019-20City Manager’s Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. BACKGROUND The FY 2019-20City Manager’s Proposed Budgetwas submitted to the City Council on July 30, 2019. Staff provided the City Council with a comprehensive overview of the proposed budget at a Budget Work th Session on August 1, 2019and an additional work sessionson August 13. The purpose of this agenda item is to provide the City Council an additional opportunity for questions and dialogue on the FY 2019-20City Manager’s Proposed Budget, Capital Improvement Program and Five-Year Financial Forecast. Below is the schedule for the adoption of the tax roll, tax rate and budget: st August 20, 2019-1Public Hearing on Tax Rate nd September 10, 2019-2Public Hearing on Tax Rate Public Hearing on Proposed Budget September 17, 2019-City Council Tax Roll, TaxRate and Budget I look forward to discussing the City Manager’s FY 2019-20Proposed Budget in detail with you. If you have any questions, or need additional information, please let me know. EXHIBITS 1.Agenda Information Sheet 2.Supplemental Packages 3.Presentation Respectfully submitted: David Gaines, 349-8260 Director of Finance Prepared by: Nick Vincent 940-349-8063 Budget Manager DIVISION PROGRAM PACKAGE (Parks and Recreation) LƓƷĻŭƩğƷĻķ tĻƭƷ ağƓğŭĻƒĻƓƷ tƩƚŭƩğƒ PROGRAM DESCRIPTION: This request is to fund the implementation of the new Integrated Pest Management (IPM) Program. RELATIONSHIP TO STRATEGIC PLAN: KFA 4: Safe, Livable and Family-Friendly Community 4.4 Provide outstanding leisure, cultural, and educational opportunities by cultivating mutually beneficial partnerships with area education and government entities; and by maintaining excellent library, parks, and recreation services. CURRENT PRACTICES: Parks Maintenance (PM) staff is responsible for the maintenance of park properties. The goal of maintenance is safety, cleanliness, athletic field playability, and the overall enjoyment of our citizens and visitors. PM currently employs a combination of biological, cultural, physical, and chemical tools as part of an overall Integrated Pest Management (IPM) program. Recently, there is an increasing focus on the use of chemical pesticides and a desire to explore alternative methods. Fertilization and topdressing are the primary cultural and organic methods used to create a healthy turf. Other cultural and organic practices such as mowing, aeration, and over-seeding support the on-going strength of the turf. These practices can reduce weed and insect pests, therefore reducing the need for synthetic and chemical pesticide product use. CURRENT ISSUES: An updated IPM program was presented to City Council on May 7, 2019, with options regarding the use of weed killer glyphosate. Direction was given to discontinue the use of the chemical, increase the fertilization of grass, and explore substitute weed killer products. Emphasis on cultural and organic methods continues to be a priority. Additional fertilization of the turf will promote grass growth and naturally inhibit weeds. Topdressing is a recognized and essential method of building a healthy turf. Both practices will result in the need for additional mowing, supplies, and labor. To increase fertilization in the park system, water trucks will be needed to provide water to parks that are not irrigated. The water will be used to set and activate the fertilizer. The improvement to the condition of the soil and fertilization will promote grass growth that will require additional mowing. Maintenance will be followed up with the use substitute pesticides to manage weed growth. Topdressing is the uniform application of a thin layer of soil and organic material over the turf surface, acting as a natural fertilizer to turf. The practice was implemented during the original IPM development in 2001 but was discontinued due to budgetary constraints in 2005. PM has identified the primary areas in each park that will be top-dressed based on location and use. The practice is expected to improve overall health and strength of the turf resulting in a decrease in pests and improved park experience for the users. An organic program is currently being tested at Denia Park. The park will be monitored for a growing season and outcomes will be reported. With this project, staff will be able to more accurately estimate the environmental, resource, and financial impact of implementing other cultural and organic methods long-term. SOLUTION AND RECOMMENDATIONS: Costs to implement the IPM program as directed by City Council is $381,100. Mowing Fertilizer Labor / Water Sub Product Sub Product Total Truck Spot Spray Broadcast Class A & B Class A & B Class A & B Park System Park System $248,400 $40,000 $80,000 $1,200 $11,500 $381,100 Staff recommends funding an additional $80,000 to reinstate topdressing. The total funding request for Park Maintenance is $461,100. tƌĻğƭĻ ƓƚƷĻ Ώ ǞŷźƷĻ ƦğƦĻƩ ƚǒƷƌźƓźƓŭ ğ ƌźƓĻ źƷĻƒ ķĻƷğźƌ ƚŅ ǤƚǒƩ ŅǒƓķźƓŭ ƩĻƨǒĻƭƷ͵ DIVISIONPROGRAMPACKAGE ParksandRecreation BlockParty/StreetClosureFund PROGRAMDESCRIPTION: Fundingisrequestedtocreateastreetclosurefundthatwillassistindividualsand/or neighborhoodsoffsetthecostincurredrelatedtorequirementsforstreetclosures. RELATIONSHIPTOSTRATEGICPLAN: KFA4:Safe,LivableandFamilyFriendlyCommunity 4.3ΑProvidehighqualityservicesbybuildingrelationshipswithneighborhoodandcivic organizations;andbyofferingaccessibleanddiverseservicestomeetcommunityneeds. CURRENTPRACTICES: Allstreetclosuresarerequiredtohaveatrafficcontrolplancompletedtoassessthepotential impactontrafficduetotheclosure.Theplanalsosupportsthedesignandmethodsusedto closethestreet.Thetrafficcontrolplanmustbedevelopedbyaprofessionalengineeror licensedtrafficcontrolprofessionalinaccordancewiththeTexasManualonUniformTraffic ControlDevices. Professionalcompaniesareavailabletodevelopaplanandprovidetheappropriate equipmentneededtocloseastreet.Thisserviceisprovidedforafee.Therearecurrentlyno exemptionstothisrequirementforstreetclosures. CURRENTISSUES: Neighborhoodblockpartiesaregenerallyorganizedsmallscaleactivitiesthatcloseasmall numberofblocksonalocalservice,residentialstreetthatareinitiatedbyandintendedto attractonlylocalresidentswholiveonorincloseproximitytothestreetbeingclosedand notintendedforthegeneralpublic. Obtainingatrafficcontrolplanandusingaprofessionalcompanytoprovidetheequipment toappropriatelycloseastreetcanbecostly.Thisexpensecanbeburdensometoindividuals and/orneighborhoodgroupswantingtoholdablockparty. Recognizingthebenefitsofblockpartiestothecommunity,theCitydoesnotwantto unintentionallycreateobstaclesthatwoulddiscourageorimpedecitizensfromholdingblock parties.Thecreationofastreetclosurefundwouldallowindividualsand/orneighborhood groupstorequestfundingtohelpoffsetthecostassociatedwithmeetingthestreetclosure requirementsandensurethesafetyoftheparticipantsandthepublic. SOLUTIONANDRECOMMENDATIONS: StaffrecommendscreatingaGeneralFundsupportedaccountwith$2,400thatwouldbe usedtooffsetthecostassociatedwithmeetingthestreetclosurerequirements.Thisfunding wouldbeusedspecificallyforblockpartiesandwouldallowindividualsand/or neighborhoodgroupstoapplyforamaximumof$200perevent. PleasenoteYoumuststillattachaͻ{ǒƦƦƌĻƒĻƓƷğƌProgramFundingwĻƨǒĻƭƷͼformtothiswhite paperoutliningalineitemdetailofyourfundingrequest. DIVISION PROGRAM PACKAGE Parks and Recreation #±¤ ³¨® ®¥ #®ȃ3¯®²®±²§¨¯ &´£ PROGRAM DESCRIPTION: Funding is requested to create a co-sponsorship fund to support in-kind service requests from special events. RELATIONSHIP TO STRATEGIC PLAN: KFA 4: Safe, Livable and Family-Friendly Community 4.3 Provide high-quality services by building relationships with neighborhood and civic organizations; and by offering accessible and diverse services to meet community needs. CURRENT PRACTICES: The Parks and Recreation Department (PARD) is responsible for facilitating all special events in the City of Denton. Event organizers submit applications to the Special Event Supervisor who gathers all required information on the event, communicates the information to all impacted departments, ensures applicable requirements are met, and assists the applicant through the process to approval. Special event organizers can request support from the City through in-kind services such as a waiver of rental fees for a facility or park, public safety services, labor assistance, equipment, supplies, and payment of expenses related to the event. The requests are treated as co-sponsorships with conditions and requirements for the support. Staff prepares administrative documentation and presents the request to City Council for their approval. The loss in revenue from waived fees, staff costs, and direct costs for expenses paid are absorbed by the departments. Staffing special events is a direct cost in personal services for Police, Fire, and PARD. Waiver of fees has a direct impact on projected revenues. The loss in revenue and hours worked by staff must be recovered. Departments must reallocate resources and makes cuts in other areas to cover the expenses associated with special events or shift the burden of increasing revenues on other programs and services. CURRENT ISSUES: Currently, there is no formal policy regarding special events or co-sponsorships. A new ordinance outlining the policy and procedures for special events is scheduled to be presented to City Council on May 7, 2019. A proposed policy is also being drafted for co- sponsorships. Absent formal policies, departments have relied on previously established practices. Specifically, for co-sponsorships, the practice has been that only registered non- profits were eligible for in-kind services. All requests were then taken to City Council for approval. Parks and Recreation tracks the costs related to the event for all departments. Over the last year, Parks and Recreation has experienced an increased number of requests for in-kind services. The informal nature of the process is creating issues with timeliness of requests, verification of non-profit status, and assurance of Council approval. The impact of providing these services is not budgeted for and is impacting the restricted allocation of hours for temporary seasonal personnel, increasing overtime expenses, and increased loss of revenue for waiver of fees. Recognizing the benefits special events can bring to a community, continued support of the e be funded by the General Fund. The current level of in-kind services is not sustainable by the individual budgets for each department. Departments are experiencing direct impacts to expenditures and revenues as well as to staffing and other resources. Additionally, the Recreation Fund is directly supported by revenue form fee-based programming. Continued absorption of loss and reallocation of resources results in inequitable subsidies by other programs and services. SOLUTION AND RECOMMENDATIONS: Staff recommends creating a General Fund supported account that would be used to support the cost of in-kind services provided to special events. $250,000 is requested based on actual expenses across all City departments to support special events per the chart below. An additional $30,000 is requested to cover expenses incurred due to opening City facilities during inclement weather for public events. Total recommended funding is $280,000. tƌĻğƭĻ ƓƚƷĻ Ώ ƦğƦĻƩ ƚǒƷƌźƓźƓŭ ğ ƌźƓĻ źƷĻƒ ķĻƷğźƌ ƚŅ ǤƚǒƩ ŅǒƓķźƓŭ ƩĻƨǒĻƭƷ͵ DIVISION PROGRAM PACKAGE POLICE General Investigations Section - Major Crimes Section - Family Services Section- Special Operations Section- Authorized Fiscal Year Population HiredAttrition Net Gain Strength 18-19 YTD*136,26818212-84 17-18*136,26817716-124 16-17*133,808171/17622-1111 15-16131,0441643-8-5 14-15128,20516319-910 13-14123,0991607-70 12-13123,6601568-71 11-12120,19815510-82 10-11113,3831554-8-4 09-10122,8301555-10-5 o o o o o o o o Construction Guide Professional Development Program DIVISION PROGRAM PACKAGE (DEPARTMENT) Civilian Jailers PROGRAM DESCRIPTION: This supplemental package would provide funding to add two (2) additional FTEs assigned as Civilian jailers for the Municipal Jail. RELATIONSHIP TO STRATEGIC PLAN: The addition of two (2) civilian jailers is consistent with all department objectives under Strategic Plan Key Focus Area 4: Safe, Livable, and Family Friendly Community, Goal 4.1 Enhance Public Safety. CURRENT PRACTICES: The minimum jail staff currently allotted is two jailers on duty per shift. Jail staff members are tasked with the care and welfare of all arrestees within the facility. During their shift the control room serves as the hub of jail activity and remains unlocked. Jailers and jail shift supervisors are regularly occupied in administrative tasks related to reports and care of arrestees. The space is monitored from the control room and rounds are performed regularly by staff to maintain safety in the space by monitoring arrestees for potential unknown risks such as suicide attempts, violence between arrestees and other health related welfare concerns that would necessitate an emergency medical response. Currently, our staffing level is not congruent with other agencies of similar size in our area which contributes to lower supervision of arrestees. The comparator cities used in this analysis were Lewisville, Frisco, Richardson and Keller which serve a similar population size as Denton. The most comparable agency in volume of jail bookings was Frisco Police Department which had 3,551 arrestees booked in 2018. Frisco has an authorized staff of sixteen (16) jailers and two (2) supervisors. The Denton City Jail has a staff of eleven (11) including three (3) shift supervisors. In 2018 Denton had 3,581 bookings which contributed to a work load of 325 average bookings per jailer. This volume of bookings is higher per jailer than all comparator agencies in 2018. This is compared with an average booking rate of 188 in Lewisville, 197 in Frisco 262 in Richardson and 289 in Keller during calendar 2018. CURRENT ISSUES: DPD jail personnel have interrupted several suicide attempts in the past which is not uncommon in a short-term addition to monitoring arrestees is not optimal and creates divided attention and consumes a significant portion of staff time that cannot be dedicated to monitoring arrestees. The booking process requires searching of all arrestees, preparation of arraignment and bond paperwork, completion of transfer paperwork and preparation of arraigned arrestees for transport to Denton County Jail, providing meals and medication to arrestees, sanitizing of cells, mats and counters, laundering of blankets and soiled articles belonging to arrestees, answering questions via phone posed by officers, attorneys, bondsmen, family members and other jail facilities. This is not an exhaustive list of tasks completed by the jail but is comprised of repetitive administrative tasks that have a functional component that reduces the time available to monitor arrestees. In addition to the administrative tasks jailers can commit considerable time and attention to the movement of disruptive or violent arrestees to isolation cells and or restraint devices which precludes monitoring of any other arrestee because the physical nature of these confrontations requires both jailers participate. The City jail operates on a minimal staffing level that requires the payment of overtime on any occasion when a jail staff member is off due to injury, illness or vacation. Jail staffing for the city is below the industry average for north Texas cities with comparable populations. The lack of a comparable number of jail staff members to local agencies to book and supervise consumers of jail services increases liability for the City and contributes to low morale and increased staff stress that contributes to a refusal of overtime when offered. Considering that most in custody suicides occur in short term facilities, having adequate comparable staffing levels is important for providing for increased safety for citizens and staff. SOLUTION AND RECOMMENDATIONS: The addition of two (2) FTEs in the jail would reduce the work load and lower liability in this area for the City bringing our organization more closely parallel to other north Texas comparator agencies. This increase in staffing should also help alleviate overtime liabilities associated with vacation and sick vacancies. In 2018, one thousand nine hundred sixteen hours (1,916) of overtime were attributed to the jail, at a cost of more than $64,300. In context, this amount of overtime, equates to 87.5% of one fulltime jailer FTE. This package would eliminate the need for such a high payout in overtime and provide the additional staffing levels to help address the safety and supervision needs of arrestees in the jail. The first-year cost to fund this package, including personnel, equipment, and training, is $146,445. tƌĻğƭĻ ƓƚƷĻ Ώ ƦğƦĻƩ ƚǒƷƌźƓźƓŭ ğ ƌźƓĻ źƷĻƒ ķĻƷğźƌ ƚŅ ǤƚǒƩ ŅǒƓķźƓŭ ƩĻƨǒĻƭƷ͵ 2 DIVISION PROGRAM PACKAGE Public Safety Communications Center Additional Telecommunications employees PROGRAM DESCRIPTION: This supplemental package would provide funding to add three (3s) telecommunications FTEs needed in the Public Safety 911 Communications center. RELATIONSHIP TO STRATEGIC PLAN: The addition of these FTEs is consistent with Strategic Plan Objective 4.1.2-Securing and deploying public safety resources in the most effective and efficient manner possible. CURRENT PRACTICES: The Public Safety 911 Communications Center answers all 911 calls and dispatches all police, fire, and EMS units for the City of Denton, and manages radio traffic for Denton Animal Control officers. Currently, dispatchers spend a considerable amount of time answering incoming phone calls. It is extremely difficult, to focus on radio transmissions when handling an emergency call on the incident volumes, thus increasing the need for dispatchers to remain focused on radio duties. Field units, primarily those for law enforcement, frequently encounter incidents that must be called in when necessary. As has been noted recently in the news media, incidents easily can escalate, placing emergency responders and citizens in further danger. Dispatchers who are otherwise occupied are at risk of missing the details of key radio transmissions. Responsibility for emergency calls should be assigned to a designated call-taker, with the primary police and fire dispatchers only assisting when absolutely necessary. Another important dispatch function occurs during large-scale incidents. Major incidentssuch as a structure fire, mass-casualty event, or serious crime in progresstypically involve multiple responders and lengthy periods of time. Dispatch channels become quickly congested and thus remain on primary dispatch channels can prevent other incidents from being dispatched in a timely manner. Tactical channels must be monitored, however, to assure that critical NFPA 1221 telecommunicator shall be dedicated to communicating on the incident tactical channel and relieved of other duties within the The current duties and minimum staffing of the PSAP does not provide the flexibility needed to consistently monitor tactical or secondary radio channels. Radio dispatchers, especially those managing law enforcement channels, should not routinely answer incoming emergency lines. Dispatchers who consistently shift their focus between critical radio transmissions and emergency calls cannot perform to the highest standard. The Department of Homeland Security, in coordination with federal, state, and local governments, established the National Incident Management System (NIMS) Incident ICS represents best practices and is the standard for emergency management across the country. ICS requires a supervisor when there are between three and seven persons performing similar functions. At present, our Lead Dispatchers fills the role of dispatcher 100 percent of their work week. As a result, they are unable to focus on managing the operation of their shifts, provide training and coaching and quality assurance. The Communications Center is currently allocated twenty-five (25) FTEs, including the Communications Manager, a Training Coordinator, four (4) first line supervisors (Leads), and nineteen (19) Telecommunicators. The Manager and Training Coordinator work standard business hours. The Leads and Telecommunicators are assigned in two 12-hour shifts that are responsible for coverage 24 hours a day, seven days a week, and 365 days a year (24x7x365). First shift is 7:00 a.m. to 7:00 p.m., while second shift is 7:00 p.m. to 7:00 a.m. Telecommunicators are assigned to permanent shifts and rotate between two days on/two days off and two days on/three days off schedules. The rotation is designed to provide weekend days off every other week. The PSAP typically staffs four operational positions that generally are assigned to the following positions: Fire Dispatch Police Dispatch B Side (TLETS/NCIC for law enforcement) Lead Supervisor CURRENT ISSUES: To verify appropriate staffing and/or to determine staffing needs, call centers and 9-1-1 centers use calculations based on call volume and workload. APCO and NENA have developed tools based on the Erlang C29 calculator, coupled with statistical calculations that take into consideration other PSAP data (e.g., leave usage and turnover). Data is measured and used as a basis for projecting the number of call-taking, dispatch, and supervisory staff required to adequately handle call and incident volumes. In 2015, an assessment was conducted by Mission Critical Partners (MCP). MCP uses the NENA staffing tool, coupled with Erlang C calculations, to project staffing requirements. The MCP study calculated the workload and staffing levels for the Communications Center and made several recommendations regarding the addition of FTEs. Based on the workload analysis, MCP recommended increasing the daily minimum staffing level in the Center to the following positions immediately: Fire Dispatch Police Dispatch B Side (TLETS/NCIC for law enforcement) Call Takers (2) Lead Supervisor These additional FTEs would bring the minimum shift total to six (6). In order to allow for the calculated leave time and attrition rate, MCP recommended the addition of eleven (11) FTEs for a total Communications Center staffing level of thirty-six (36) personnel, including the Manager and Training Coordinator. The MCP study also projects future growth for the City of Denton in terms of workload increases in the Communications Center. Based on these projections, the study recommends increasing the minimum daily staffing for each shift to eight (8) FTE, inclusive of the shift supervisor, by FY29-30. This would require the addition of twelve (12) total FTEs over the next eleven (11) years. Additionally, an updated NENA staffing tool assessment was conducted on June 2018 based on average annual call volume, average number of calls per person, utilization of staff, attrition rate and current number of full time employees. The results were sim staffing recommendation. A breakdown of the NENA staffing tool results are listed below. Proposed Number of Current Number of FTEs Using Volume PersonnelFTE EmployeesFormula Management (Director & Deputy Directors)11 Managers (Ops, Support, IT, HR)01 Call-takers116 Text to 9-1-1 Call Takers00 Law Enforcement Dispatchers415 Fire/Rescue Dispatchers12 EMS Dispatchers37 NCIC Dispatchers02 Shift Supervisors44 Training Coordinator11 Quality Assurance Supervisor01 Quality Assurance Staff (full time)00 IT Supervisors00 IT Staff (GIS, MDT, CAD, Telephony, IT)00 Administrative (Assistants & Coord.)00 9-1-1 System Coordinator00 Administrative Assistant00 Total Personnel 2540 SOLUTION AND RECOMMENDATIONS: This supplemental funding would provide for the addition of three (3) FTEs. This would allow the City to meet the first half of the initial MCP staffing recommendation and staffing assessment. tƌĻğƭĻ ƓƚƷĻ Ώ ƚǒ ƒǒƭƷ ƭƷźƌƌ ƦğƦĻƩ ƚǒƷƌźƓźƓŭ ğ ƌźƓĻ źƷĻƒ ķĻƷğźƌ ƚŅ ǤƚǒƩ ŅǒƓķźƓŭ ƩĻƨǒĻƭƷ͵ DIVISIONPROGRAMPACKAGE Library EliminateOverdueFines PROGRAMDESCRIPTION: Eliminateoverduefinesonlibrarymaterialsreturnedaftertheduedate.Thelibrarywill continuetochargereplacementordamagedfeesforlostordamageditems.Patron accountswillautomaticallysuspendcheckoutofadditionallibrarymaterialsifitemsare overdue.Afterareasonableamountoftimetheitemwillbeconsideredlostandthe replacementcostoftheitemwillbechargedtotheƦğƷƩƚƓ͸ƭaccount. Thiswouldresultinalossofanestimated$101,000inoverduefinerevenueannuallyplus anestimated$2,500fromcollectionfees.Thatcostwouldbeoffsetbyanestimated savingsof$3,000$5,000incostsforUniqueManagementServicesforaccountcollection services.Therewouldalsobeseveralnonfinancialbenefits,includingincreasedcommunity goodwill,improvingequityofservicetolibrarypatronsregardlessoffinancialmeans,and librarystafftimethatwouldbereallocatedtootherdutiessuchasshelving,shifting,and shelfreading.Librarystaffhandled13,800transactionsinvolvingoverduefinesinFY17/18. of460staffhoursthatcouldbe Ifeachtransactiononlytooktwominutes,thatisasavings reallocatedtootherduties.Additionaltimewouldalsobesavedbyeliminatingtheneedfor cashhandlingprocessestotrack,handle,anddocumentdailyfinetransactions. RELATIONSHIPTOSTRATEGICPLAN: KFA4:Safe,Livable&FamilyFriendlyCommunity Goal4.4:Provideoutstandingleisure,cultural,andeducationalopportunities CURRENTPRACTICES: Currently,whenalibrarypatronreturnsanitemafteritsduedate,achargeof25¢is chargedforeachdaytheitemisoverdue.Oncethetotalamountowedreaches$5.00,the ƦğƷƩƚƓ͸ƭaccountisblockedandtheycannotcheckoutadditionalitems.TheLibraryutilizes acollectionagency,UniqueManagementServices,whichspecializesinhelpinglibraries recoveroutstandingmaterialsandbillsforsignificantlypastdueaccountsthatareinexcess of$10.00.FinesandfeesremainonaƦğƷƩƚƓ͸ƭaccountuntilresolved. Themaximumoverduechargeis$10.00peritem.Ifanitemisnotreturnedafter30daysof beingoverdue,overduechargeschangetoreplacementcostcharges,whichcanbe significantlymorethanthe$10.00overduecharge.Staffworkswithpatronslookingto resolveaccountcharges,advisingthemtofindandreturnitemsthathavebeenoverduefor yearsinanefforttoreducechargeamounts. Interactionswithlibrarypatronsaboutaccountchargescanbeunpleasantandquickly escalatetobecometensesituations.StaffarecallednameslikeͻĬƚƚƉƦƚƌźĭĻͼorͻ\[źĬƩğƩǤ bğǩź͸ƭͼoraresubjectedtoyelling,cursing,andslammingfistsondeskcountersandmore whenworkingwithpatronsaboutaccountcharges. FromtheDentonPublicLibraryCirculationPolicy: OverdueNotices Asacourtesy,theDentonlibraryattemptstonotifycustomerswhenevertheyhave overduematerials. Customersreceivingemailnotificationsreceiveacourtesyreminderoffive (5)dayspriortotheƒğƷĻƩźğƌ͸ƭduedate. Atfive(5)daysoverdue,anoverduenoticeissentviaemailorthroughthe ƌźĬƩğƩǤ͸ƭTelephoneNotificationSystem,asspecifiedbythecustomeƩ͸ƭ accountpreferences. Attwentyeight(28)daysoverdue,thecustomerwillreceiveaprintednotice ofunresolvedchargesviatheU.S.mail. Atfortyfive(45)daysoverdue,thecustomerwillreceiveabillingstatement viatheU.S.mailthatreflectsthereplacementcostforeachitem. Ifafterfourteen(14)daysfromthedateofthebillingstatementacustomer doesnotresolvetheiroutstandingfeesandtheyareinexcessof$10.00,the accountisreferredtoacollectionagency.Acollectionfeeofupto$15.00is chargedtotheĭǒƭƷƚƒĻƩ͸ƭaccountatthistime. Notreceivinganoverduenotificationdoesnotexemptthecustomerfrom payingoutstandingfees. CURRENTISSUES: Overduefinesareabarriertoequitableservice,disproportionatelyimpactingchildrenand communitymemberswiththeleastfinancialresources.In2012,theAmericanLibrary AssociationissuedtheALAPolicyStatement:LibraryServicestothePoor,encouraging librariestopromoteequalaccesstoinformationforallpersonsbyͻƦƩƚƒƚƷźƓŭtheremoval Ļƭ͵ͼ ofallbarrierstolibraryandinformationservices,particularlyfeesandoverduecharg Fiveof5ĻƓƷƚƓ͸ƭcomparisoncitylibrarieshavealreadyeliminatedoverduefines:Frisco PublicLibrary,IrvingPublicLibrary,McKinneyPublicLibrary,PlanoPublicLibrary,and MesquitePublicLibrary.Additionalcomparisoncitylibrarieshaveexpressedtheirintention toeliminateoverduefines:FortWorthPublicLibraryandRichardsonPublicLibrary. Nationally,45statesalreadyreportthatleadinglibrarieshaveeliminatedoverduefines: NewYorkPublicLibrary,NY;DenverPublicLibrary,CO;NashvillePublicLibrary,San FranciscoPublicLibrary,CA;andhundredsmore. Librarystaffregularlyhearsstoriesfromindividualsandfamiliesthattheynolongeruse libraryaccountsbecausetheycannotpaytheiroverduefinesortheylimittheircheckouts becausetheyareafraidofaccruingoverduefinesthattheycannotpay.Afamilyoffour whochecksoutfiveitemsperpersonwillbeblockedafterthoseitemsare1dayoverdue ($0.25peritemx20items=$5.00).Ifthoseitemsarereturnedjustoneweekoverdue,the accountwillhavea$35overduecharge($1.75peritemx20items).Manyfamiliesare unabletopaythisamount.Theyoftenbecomediscouraged,keeptheitems,andnever returntothelibrary.Patronswhodoreturntothelibraryafteryearsofdisusesharestories abouthowtheystillhavetheoverdueitemsathome.Theynotethatoncetheitemswere overdue,theycouldnotpaythefines,sotheyjustkepttheitemsandnevercameback. While,staffworkswithpatronstoencouragethemtofindandreturnitemstoreduce chargestothe$10maximumoverduecharge,paytheoverduefines,andbeginusingthe libraryagain,manypeoplearetooembarrassedorafraidtousethelibraryagain. Thelibrarycurrentlyhasaccountsfrom1995thatcannotbepurgedaccordingtonormal operationalproceduresbecausetheyhaveoverduefines.Thosefinesareconsidered unrecoverablebycollectionagencies.Asoverduefinescontinuebeingcharged,this problemgrows.AsofSeptember30,2018,7,913patronaccountshadoverduecharges. UnpaidOverdueFinesandCollectionFees YearChargedOverdueFinesCollectionFees 19952015$1,551,851.12$203,857.85 FY15/16$104,647.54$15,756.75 FY16/17$103,971.69$16,148.45 FY17/18$98,220.08$15,690.05 TOTAL$1,858,690.43$251,453.10 Thereisnoresearchordataindicatingthatchargingoverduefinesresultsinthereturnof itemsbytheirassignedduedate.Studiesfromthelast40yearsindicatethatlatefeesdo notinfluencepatronstoreturnmaterialsinontime.Librariesthathaveeliminatedoverdue fineshaveseennoincreaseinlossofitems.Inmanycases,circulationoflibrarymaterials hasgrownandcommunitymembersreportfeelingmorewelcomeatthelibrary. SOLUTIONANDRECOMMENDATIONS: Eliminateoverduefinesonlibrarymaterialsturnedinaftertheduedate.Iflegallypossible, eliminateexistingoverduechargesonlibraryaccountstoallowacleanslateforlibrary patronstobeginusingthelibraryagain. PleasenoteYoumuststillattachaͻ{ǒƦƦƌĻƒĻƓƷğƌProgramFundingwĻƨǒĻƭƷͼformtothiswhite paperoutliningalineitemdetailofyourfundingrequest. DIVISIONPROGRAMPACKAGE ParksandRecreation SignageImprovementProgram PROGRAMDESCRIPTION: FundingisrequestedtodesignandupdateselectCityandparkentry,rules,information,and directionalsignage. RELATIONSHIPTOSTRATEGICPLAN: KFA4:Safe,LivableandFamilyFriendlyCommunity 4.3ΑProvidehighqualityservicesbybuildingrelationshipswithneighborhoodandcivic organizations;andbyofferingaccessibleanddiverseservicestomeetcommunityneeds. CURRENTPRACTICES: Cityfacilitiesthroughoutthecommunityhavevarioussignagetoidentifythefacilityforthe generalpublic.Thesesignsarepresenttoprovidethecommunityknowledgeofthelocation ofthefacilityandwhereservicesareprovided. DevelopmentServicesisworkingoncompletingawayfindingsignageplanforwelcomeand directionalsignsthroughoutthecommunity.ParksandRecreationisworkingtogetherwith DevelopmentServicestoaidintheimplementationofthiseffort. CURRENTISSUES: Currently,theCityHallsignisoutdatedwithabasicwooddesign.Recently,aCityCouncil memberhadrequestedthesignbeconsideredforreplacement.Withthewayfindingplan thatDevelopmentServiceshasbeenworkingon,staffdesirestoexpandthisplantoinclude designsforallCityfacilities. Theexistingparkentrysignageisoutdated.Mostparkentrysignageismadefromarecycled plasticmaterialthatwaspopularintheЊВВЉ͸ƭandЋЉЉЉ͸ƭwhileafewwoodensignsstillexist. Whilethiswasagoodmethodforsignageatthattime,thispracticeisoutdated,andanew freshlookintheCityparksisdesired. Inaddition,theParksandRecreationDepartmentinformationalsignagevariesfrommaterial, design,style,size,font,colorandmessagethroughouttheparksystem.Withthenew departmentlogocreatedtwoyearsago,andcurrently,intheprocessofupdatingtheParks, RecreationandTrailsMasterPlan,thisisanopportunitytorevampthesignageforbrand consistencythroughouttheparksystem.OnecomponentoftheMasterPlanisasignageplan. Thisplanoutlinestheeventualreplacementofallsignagewithintheparkstoprovidean updatedappearancetomatchthedepartmentbrandaswellastoimprovethedesignand consistencyoftheinformation.Theeventualreplacementofallsignswillprovideamore cleanandmodern,yettraditional,freshnewlook. SOLUTIONANDRECOMMENDATIONS: Withthefundingrequested,staffwouldliketoproceedwithupdatingthedesignsforCity andparkfacilities.Onceupdatedwithconstructiondrawings,theCityHallsignwouldbe replaced. Inanefforttoimproveourparksystem,PARDwouldliketobegintoimplementthesignage planinselectareas.TheDepartmentwilldesignnewsignsandreplacethosethataremost needed.Theapproachwouldbetoreplaceidentificationsignageonanasneededbasis.With astandarddesignforinformationandidentificationsignage,signswouldbereplacedinan efficientandeffectivemannerwithfinancialresourcesallocatedinmind.Thefundingwillbe usedtoitsmaximumcapabilities. ThisrequestalsoincludesfundingtoaddsignageontheKatyTrail.Thissignagewillbe developedincooperationwithothertrailcommunities.Thesignswillprovidedestination markingsaswellassafetyinformation. Fundingintheamountof$150,000isrequestedtocoverthecostofthesesigns,including designs,materials,supplies,andconstruction.Anannualallocationof$100,000willbe requesteduntiltheplaniscompleted.Oncedesignsarecompletedandconstruction/material costsarebid,PARDwillbeabletodeterminethenumberofyearsneededtofinalizethe project. PleasenoteYoumuststillattachaͻ{ǒƦƦƌĻƒĻƓƷğƌProgramFundingwĻƨǒĻƭƷͼformtothiswhite paperoutliningalineitemdetailofyourfundingrequest. DIVISIONPROGRAMPACKAGE DevelopmentServices ComprehensivePlanUpdate PROGRAMDESCRIPTION: ThisrequestisforfundingaconsultanttoupdatetheDentonPlan2030. RELATIONSHIPTOSTRATEGICPLAN: KeyFocusArea3:EconomicDevelopment CURRENTPRACTICES: Acomprehensiveplansetsgoals,policies,andactionstomanagegrowth,promote reinvestment,andimprovequalityoflifeforresidents.Thecurrentplan,TheDentonPlan 2030,wasadoptedinJanuary2015.ThePlanisusedtoguideform,character,andgeneral locationofdevelopmentintheCity. CURRENTISSUES: Bestpracticeintheindustryincludeupdatingcomprehensiveplansevery5to7yearsin ordertoaddressareasofnewdevelopmentandchangesthathaveoccurredsinceadoption. January2020willmark5yearssinceadoption.TheAmericanPlanningAssociation recognizestheimportanceofkeepingthesedocumentscurrentandareincludedintheAPA ComprehensivePlanStandards.TheAPAlooksforaprocessforadjustingplangoals, strategies,andprioritiesovertimeasconditionschangeortargetsarenotmetkeepsthe plancurrentandinlinewithpresentconditions. Additionally,withchangesbeingmadetothemobilityplan,thecomprehensiveplanshould beadjustedtoensurethatfuturedevelopmentalignswithplannedthoroughfares throughouttheCity. SOLUTIONANDRECOMMENDATIONS: Staffrecommendsapprovalofasupplementaltofundacomprehensiveplanupdateatan estimatedcostof$95,000. PleasenoteYoumuststillattachaͻ{ǒƦƦƌĻƒĻƓƷğƌProgramFundingwĻƨǒĻƭƷͼformtothiswhite paperoutliningalineitemdetailofyourfundingrequest. DIVISION PROGRAM PACKAGE Development Services Permitting Software Replacement PROGRAM DESCRIPTION: This package is for ongoing annual service fees for a vendor to be selected by request for proposal to replace the Citycurrent software for permitting, plan review, and inspections: Trakit and ProjectDox. A supplemental was approved in Fiscal Year 2018-19 for the initial purchase but was not considered for ongoing annual costs. The current permitting and inspection solution is inadequate, resulting in inefficient use of human and systems resources as well as customer service dissatisfaction. There are four areas that are inadequate for multiple users across internal departments and with external users: poor user experience; lack of true mobile device solution; lack of integration to in-line and back office systems; and insufficient reporting capabilities. With replacement of current software, Development Services is seeking a solution to make the de compliance processes simpler to understand, more convenient to use, more ecient, and more predictable. Improvements will enhance the customer experience, improve access to information, allow for better internal collaboration, and produce human resources time savings. RELATIONSHIP TO STRATEGIC PLAN: Objective 2.5: Establish a culture of accountability at all levels of governance a new software will provide better reporting for management on development review, permitting, and inspections activities and performance measures. Goal 4: Achieve high level of customer satisfaction a more user-friendly interface will provide easier access to information for both customers and staff and facilitate a more convenient method of applying for permits and scheduling inspections. Goal 5: Utilize technology to enhance efficiency and productivity after implementation, the new software will reduce the amount of personnel time spent by Tech Services in non-value added activities to maintain basic functionality for business processes. CURRENT PRACTICES & ISSUES: Development Services currently uses Trakit and ProjectDox software packages for permitting, plan review and inspections. Over the past 18 months, the department has conducted assessments of business practices in each of these areas to improve processes and the customer experience. As a result of that initiative, staff has identified the following deficiencies in current software: 1) Poor user experience the user interface, both for staff and external customers, is unintuitive and difficult to navigate. This confusion contributes to errors in applications, waste of staff time, and frustration for all users. 2) Lack of true mobile device solution Inspectors are not able to complete documentation of inspections and communicate results with customers in the field; they have to come back into the office to complete their inspection paperwork. With a mobile inspection solution, inspectors would be able to spend more time in the field, completing more inspections and providing faster documentation to customers. 3) Lack of integration to in-line and back office systems The City uses Trakit for project application and ProjectDox for plan review. These systems are not integrated, which makes application and submission of documents confusing and overly cumbersome for applicants an applicant must submit in and interface with both systems to complete one project. The lack of integration creates a double entry burden on staff to update information on the same project in two different systems. Additionally, the City uses eTrakit as an added web application to provide access to developers and the public. The two applications do not communicate effectively information or payments entered by the applicant in eTrakit do not always transfer to Trakit and vice versa. 4) Insufficient reporting capabilities Department staff has identified a number of indicators that measure performance in development review processes, but reporting and analysis of this data requires considerable manual efforts to access the necessary data and manipulate it to a usable format. SOLUTION AND RECOMMENDATIONS: In Fiscal Year 2018-19, a supplemental was approved providing a one-time expenditure for land management software. Staff is recommending approval of an ongoing annual expenditure of $300,000 for the annual subscription to continue the service with the software that is selected as a result of a request for proposals in the current year. DIVISIONPROGRAMPACKAGE DevelopmentServices WalkabilityStudy PROGRAMDESCRIPTION: ThisrequestisforfundingaconsultanttocompleteawalkabilitystudyfortheCityandprovide recommendationsonenhancementsanddesignofpedestrianfacilities.Awalkabilitystudy hopestohaveapositiveimpactonthephysicalformoftheCityasitrelatestopedestrian facilities.Thestudywouldproviderecommendationsfordevelopmentstandards,targeted areas,andfacilitiesupgradestomakeDentonmorewalkable. RELATIONSHIPTOSTRATEGICPLAN: KeyFocusArea2:PublicInfrastructure CURRENTPRACTICES: AwalkabilitystudyhasnotbeencompletedandCitystaffcurrentlyworkswithdevelopersto includewalkabilityfornewdevelopmentonacasebycasebasis. CURRENTISSUES: Currently,therearenoidentifiedareasofnewdevelopmentwherestaffshouldbetargeting segmentstobecompletedwiththelargergoalofcreatingamorepedestrianfriendlyspace. ͻLƒƦƩƚǝĻķwalkabilitywithsidewalksinallneighborhoods,andtheprioritizationofͻƭğŅĻroutes toƭĭŷƚƚƌ͵ͼͼisakeyactionlistedintheDentonPlan2030.Additionally,53of238(22%)of citizenssurveyedchoseͻźƓĭƩĻğƭĻķwalkabilityandtrailsthroughoutthe/źƷǤͼasthetoppriority forfuturedevelopment.ThePlanalsohighlightedthatnewresidentialdevelopmentshouldbe organizedtopromotewalkability,accesstoparks,andopenspace. SOLUTIONANDRECOMMENDATIONS: Staffrecommendshiringaconsultanttocompleteawalkabilitystudyatanestimatedcost of$65,000. PleasenoteYoumuststillattachaͻ{ǒƦƦƌĻƒĻƓƷğƌProgramFundingwĻƨǒĻƭƷͼformtothiswhite paperoutliningalineitemdetailofyourfundingrequest. Public Participation & Engagement Platform DIVISIONPROGRAMPACKAGE TRAFFICOPERATIONS SIGNSANDMARKINGSC9͸ƭ PROGRAMDESCRIPTION: ThisprogramprovidesTrafficOperationswith2additionalSigns&MarkingsTechnicians.Trafficneeds thesetwoadditionalC9͸ƭtobemoreefficientwiththeincreasingmarkingsdemandssetforthfromour citizenandinternalrequestsandtobeabletorespondanddeliverqualitylevelsofservice. RELATIONSHIPTOSTRATEGICPLAN: KeyFocusArea1.5:Utilizetechnologytoenhanceefficiencyandproductivity KeyFocusArea2.1OptimizeresourcestoimprovequalityofCityRoadways KeyFocusArea4.1:Enhancepublicsafetyinthecommunity. CURRENTPRACTICES: Forapplyingpaint,wecurrentlyworkintheroadwaysusingapushpaintsprayertoapplypainttoour roadwaysforpavementmarkings.Weusethesehandsprayersforsmalljobssuchascrosswalksand parkingstalls.Forapplyingthermoplastic,Weusesmallthermoplasticpushapplicatorsforsmalljobs suchascrosswalksandparkingstalls.Pushapplicatorsarealsonotrecommendedforlonglineuse. CURRENTISSUES: Wehaveoutsourcedourpavementmarkingstoacontactorwithlonglinecapabilitiesfor boththermoplasticandpaint,butwemustworkaroundtheirscheduleandthisonly supplementsaportionofwhatisneeded.Pavementmarkingsarelaborintensiveandthe demandissohighforcontractors.Havingthispersonnelwillallowusmoreflexibilityto workwithandaroundtheschedulesofourinternalandexternalcustomersandtheir individualprojects. SOLUTIONANDRECOMMENDATIONS: ApprovalofthissupplementalwillallowTrafficOperationsstafftocontinueprovidingand achieveevenhigherlevelsofcustomersatisfactionforthecitizensandvisitorstoTheCityof Denton.Withtheapprovalofmorefundingforthestreetdepartmenttoincreasethelinear footageofroadsbeingreconstructedandtheincreasedmicrosealprojectswecannotkeep upwithincreaseofroadsthatneedstripinginourcurrentstate.Withtheuseofthetwo personnelandthelinetruckwecanpaintthelonglinesassoonastheroadsarereadyand thenwecanbringinaThermoplasticcontractortostripeoverthepaintedroadswith thermoplasticandusingthepaintasasealerorbondingagent.Thatwouldgiveusethe capabilitytogettheroadsstripedandopenedinasafeandtimelymanner.Andwiththe addedpersonnelwewouldbeabletodomostofthehandworkinhouse(smallprojects, utilitycutrepairs,andtrafficcalmingprojects)etc. DIVISION PROGRAM PACKAGE TRAFFIC OPERATIONS TRAFFIC SIGNAL FTE PROGRAM DESCRIPTION: This supplemental will provide Traffic Operations staff with the addition of one, Traffic Signal Technician full time employee (FTE) and one utility service vehicle. This FTE will provide the necessary, valuable manpower needed to be effective and efficient in providing quality customer service to current and growing service demands of traffic signal inspections. RELATIONSHIP TO STRATEGIC PLAN: Key Focus Area 1.2: Developing a high performance workforce. Key Focus Area 1.4: Achieving high levels of customer service. (Internal and external) Key Focus Area 2.1 Optimize resources to improve quality of City Roadways. Key Focus Area 2.2: Seek solutions to mobility demands and enhance connectivity. Key Focus Area 4.1: Enhance public safety in the community. CURRENT PRACTICES Traffic Operations is responsible for the repair and maintenance of 121 signalized intersections with an expanding ITS (Intelligent transportation System) network. These existing crews continue to spend most of their time coordinating, inspecting, reviewing and supporting the constructions activities at new traffic signal and existing locations CURRENT ISSUES: As our community grows, so does our transportation system with the new roads, widened facilities and new signals throughout the City. As such, the staffing levels of Traffic Operations needs to increase in order to effectively and efficiently maintain this system so that we can provide quality and timely service to the public. SOLUTION AND RECOMMENDATIONS: Funding this program will ensure timely inspections of the current and projected TxDOT and City Capital Projects that will add/replace traffic signals. This program would also allow signal technicians to meet performance standards and current service levels within their respective areas of responsibility. These additions in turn, will allow us to proactively improve mobility through the synchronization of traffic signals and their timings by reducing idling times, carbon emissions and fuel consumption, decrease traveler delays, and improve regional air quality. DIVISION PROGRAM PACKAGE Customer Service Quality Control Specialist /ǒƭƷƚƒĻƩ {ĻƩǝźĭĻ Ώ vǒğƌźƷǤ /ƚƓƷƩƚƌ {ƦĻĭźğƌźƭƷ PROGRAM DESCRIPTION: Funding is requested for the position of a full time Quality Control Specialist. This position will conduct quality control samples to ensure the billing, call center and lobby services provided to our citizens are of the highest accuracy and quality of service. The request aligns with an audit recommendation received in late 2018. During the 2018 audit it was brought to our attention that audit measures to validate our daily cycle billing processes are needed and heightened internal controls would be beneficial in reducing risks. RELATIONSHIP TO STRATEGIC PLAN: Key Focus Area 1: Organizational Excellence Goal 1.1 - Manage financial resources in a responsible manner through performance measurement; long range planning; timely and accurate reporting; internal controls to prevent waste, fraud, and abuse; and by minimizing fees and rates for our customers Goal 1.2 - Develop a high-performance organization by planning for succession and continuity among staff; by attracting, retaining, and motivating a qualified, diverse staff; and by establishing a culture where employees feel valued and respected. Goal 1.5 - Enhance efficiency and productivity through business process improvements to automate work and improve convenience; through the use of data and evidence to drive management and operational decisions; and through regular audit and review to ensure adherence to necessary regulatory and policy requirements. CURRENT PRACTICES: The Customer Service staff processes a large number of transactions on behalf of residential and commercial citizens. Currently, monthly evaluations are performed in the call center and lobby by existing staff, however no such process exists for billing area. The majority of billing transactions and/or functions are entered manually into our Computer Information Services (CIS). An example of the manually entered transactions for FY 2017/2018 include 641,795 utility statements with a total revenue of $257,286,957.45 reviewed and processed by the billing team. Another example is the 250,000+ call notes inputted into the CIS system by staff in the Call center and Lobby. CURRENT ISSUES: Although guidelines have been established, the manual nature of many of these transactions create an opportunity for error. Without consistent oversight and quality controls it is difficult to measure the accuracy of work being performed. All areas of the Customer Service Department rely upon standard operating procedures, exception reporting, and evaluations by other team members to determine the service level, validity and quality of work. Call Center/Lobby Concerns: Utilizing/leveraging existing staff to perform quality evaluations Takes time away from performing other critical functions May not be as objective Time constraints often lead to rushing of evaluations Billing Concerns: No evaluations are being performed No quality measurements are in place There are minimal exception reporting available however, we are utilizing/leveraging existing staff to review and coach This takes time away from performing other critical functions SOLUTION AND RECOMMENDATIONS: Staff would like to request the creation of a new role to oversee the implementation of a quality control program. The benefit of creating this positon include the following Improve oversight of information entered into the CIS Ability to assess the level of service being provided to all Customer Service customers Increased levels of accuracy and validity of data More timely recognition of errors and coaching opportunities Less probability of bills being produced with potential errors Creation of a standardized methodology of oversight for the Call Center, Lobby and Billing Improved overall quality standards for the Customer Service Department DIVISIONPROGRAMPACKAGE ParksandRecreation GolfBallDispenser PROGRAMDESCRIPTION: Thisrequestisforthepurchaseofanautomated,outdoorgolfballdispensingmachineused tosellbucketsofballstodrivingrangepatrons. RELATIONSHIPTOSTRATEGICPLAN: KFA4:Safe,LivableandFamilyFriendlyCommunity 4.4Provideandsupportoutstandingleisure,cultural,andeducationalopportunitiesby cultivatingmutuallybeneficialpartnershipswithareaeducationandgovernmententities; andbymaintainingexcellentlibrary,parks,andrecreationservices. CURRENTPRACTICES: Patronsofthedrivingrangecanpurchasebucketsofgolfballsfromstaffintheproshop duringoperatinghours.Currenthoursofoperationare: MondayΑThursdayfrom9:00a.m.Α9:00p.m. FridayΑSundayfrom9:00a.m.Α8:00p.m. Whilepatronscanstillaccessthedrivingrangeoutsideofthesehours,therearenostaff membersonsitetomakepracticeballsavailableforuse. CURRENTISSUES: Peakattendanceatthedrivingrangeis12p.m.to5p.m.Currentstaffschedulingcovers eveningpeakperiodsandalsopartsofthedaywithlowattendance.Additionally,golfballs areonlyofferedtothepublicduringoperatinghours.PARDhasreceivednumerousrequests toopenearlierinthemorningspecificallyduringthesummerseasonwhentemperaturesrun high. Theadditionofearlymorninghourswouldposeachallengeforstaffingduetotheextended lengthofcontinuousoperationalhours.Itcouldalsoresultinstaffinganincreasednumber ofnonpeakhourswhichisnotcosteffective. SOLUTIONANDRECOMMENDATIONS: Staffrecommendsthepurchaseandinstallationofagolfballdispenseratthedrivingrange. Thedispenserwouldallowpatronstopurchaseaselectedvolumeofballsbyusinga reloadablerangecardorcreditcard.Thedispensercanbeprogrammedtooperateduring specifichours. Withadispenser,patronswouldbeprovidedtheopportunitytovisittherangeandhitgolf ballsearlierinthedayandstaffingcanbescheduledaroundpeaktimes.Thiswillhelpthe drivingrangebecomemorecostefficientwhileenhancingaserviceofferedtothe community. Proposedoperationalhours:MondayΑThursday6:00a.m.Α9:00p.m. FridayΑSunday6:00a.m.Α8:00p.m. Proposedstaffhours:MondayΑThursday12:00p.m.Α9:00p.m. FridayΑ12:00p.m.Α8:00p.m. SaturdayandSundayΑ10:00a.m.Α8:00p.m. Estimatedstaffsavings:Approximately$8,820.00peryearinreducedstaffinghours Estimatedrevenue:Golfballbucketpriceswouldbesetat$5.00forasmallbucketand $10.00foralargebucket.Thispricematchesthestudentandseniordiscountrate.Withno priorhistoryontheuseofthistypeofequipment,potentialrevenuegenerationisunknown atthistime.Staffexpectsashiftinattendancefromlaterhourstotheearliermorningtime inadditiontoattractingnewusers.Staffwouldmarketthenewhoursanddispenserand monitoritsuse,adjustingasneeded. Historically,theRecreationFundisusedtofinancethesetypesofneeds.Thisuseofthefund balanceisconsistentwiththephilosophyapprovedbyCounciltoreinvestanddevelop additionalprogrammingandprovideservicestothecitizens. UseoftheRecreationFundBalancereducesthefinancialburdenontheGeneralFund.Parks andRecreationstaffrecommendsfundingthefullrequestforatotalof$15,000fromthe RecreationFundBalancetoexpandservicestoourcustomersandimproveoperational efficiency. PleasenoteYoumuststillattachaͻ{ǒƦƦƌĻƒĻƓƷğƌProgramFundingwĻƨǒĻƭƷͼformtothiswhite paperoutliningalineitemdetailofyourfundingrequest. DIVISIONPROGRAMPACKAGE ParksandRecreationDepartment FitnessEquipmentReplacement PROGRAMDESCRIPTION: FundingisrequestedforthereplacementoffitnessequipmentattheRecreationCenters. RELATIONSHIPTOSTRATEGICPLAN: KFA4:Safe,LivableandFamilyFriendlyCommunity 4.4Provideandsupportoutstandingleisure,cultural,andeducationalopportunitiesby cultivatingmutuallybeneficialpartnershipswithareaeducationandgovernmententities; andbymaintainingexcellentlibrary,parks,andrecreationservices. CURRENTPRACTICES: AllParkandRecreationCentersofferhighlydiversifiedprogrammingthatrequirestheuseof equipmentandfurnitureonadailybasis.Usageishighvolumeandhighintensity.Both equipmentandfurniturearereplacedasneeded. Denia,NorthLakes,MLKandtheSeniorRecreationCentersoperatefullservicegymswithan inventoryofover125piecesofequipment.Fitnessequipmentisonamaintenanceschedule goodworkingconditionandtomaximizeitslifespan.Theequipmentis tokeepequipmentin replacedonarotatingschedulebasedonuse.Theaveragelifespanofapieceofcardio equipmentis57yearsandweightequipmentis1015years.Staffisworkingtocreatea eplacementscheduleforequipmentbasedonuseandpurchasedates. multiyearr CURRENTISSUES: Fivepiecesoffitnessequipmentaredueforreplacement.Continueduseofexisting equipmentcouldresultinanincreaseinmaintenanceandequipmentdowntime,leavingfew piecesavailableforcustomeruse. SOLUTIONANDRECOMMENDATIONS: Historically,theRecreationFundisusedtofinancethesetypesofneeds.Thisuseofthefund balanceisconsistentwiththephilosophyapprovedbyCounciltoreinvestanddevelop additionalprogrammingandprovideservicestothecitizens. UseoftheRecreationFundBalancereducesthefinancialburdenontheGeneralFund.Parks andRecstaffrecommendsfundingthefullrequestforatotalof$20,000fromtheRecreation FundBalance. PleasenoteYoumuststillattachaͻ{ǒƦƦƌĻƒĻƓƷğƌProgramFundingwĻƨǒĻƭƷͼformtothiswhite paperoutliningalineitemdetailofyourfundingrequest. DIVISIONPROGRAMPACKAGE RealEstate Administrative Assistant III PROGRAMDESCRIPTION: TheRealEstateDivisionoftheCapitalProjectsDepartmentisrequestingtheadditionofan AdministrativeAssistantIIItoassistintheadditionalworkloadcreatedbytheincreased levelofrequestsforRealEstatesupportinallareasoftheCityofDenton. Thispositionwillperformthefollowingprimaryduties,includingbutnotlimitedto: receive,log,open,trackandarchiveprojects, create,updateandmaintaineasementdatabases, coordinateinvoiceprocessing, analyzeandreportstatisticaldata, coordinateprofessionaldevelopmenttraining, renewteamlicensesandmemberships createGISmapsofcurrentandfutureCityacquisitions provideadministrativesupporttotheRealEstateteam. Acquisitionoflandandeasementrightsisacriticalcomponentintheprocesstodeliver CapitalProjects.Theabilitytodeliverextraordinaryresultsrequiresthatadequatestaffingis availabletocoordinatetheadministrativetasksessentialtosupportthesuccessful completionofthoseRealEstatetransactions.TheAdministrativeAssistantIIIwillperform thosefunctionsanddutiesnecessarytoensurethatprojectsaredeliveredtothe communityontimeandasefficientlyaspossible. RELATIONSHIPTOSTRATEGICPLAN: TherequestforanAdministrativeAssistantIIIrelatestoOrganizationalExcellenceaswe buildourpublicinfrastructure.ThisrequestservestofurtheralloftheKFA1goals: Goal1.1:Managefinancialresourcesinaresponsiblemanner Goal1.2:Developahighperformanceorganization ΘGoal1.3:Promoteeffectiveinternalandexternalcommunication ΘGoal1.4:Achieveahighlevelofcustomersatisfaction ΘGoal1.5:Enhanceefficiencyandproductivitythroughbusinessprocess improvements. ΘGoal1.6:Collaboratewithlocal,regional,stateandfederalpartners. CURRENTPRACTICES: Thecurrentworkloadexceedscurrentstaffingcapacity,makingitdifficulttoproactively providestatusreportswhilemaintainingservicelevelsonactiveprojects.Additionally, professional,specializedstaffmembersareperformingadministrativedutiesthatare criticaltotherealestateacquisition,andthereforcapitaldeliveryprocess.Thisisnotthe mosteffective,norefficientuseofstafftime. SOLUTIONANDRECOMMENDATIONS: ApprovetheadditionofanAdministrativeIIIpositionwithintheRealEstateDivision. PleasenoteYoumuststillattachaͻ{ǒƦƦƌĻƒĻƓƷğƌProgramFundingwĻƨǒĻƭƷͼformtothiswhite paperoutliningalineitemdetailofyourfundingrequest. DIVISIONPROGRAMPACKAGE ENGINEERINGΑPUBLICWORKSINSPECTIONS 2FTEINSPECTORS PROGRAMDESCRIPTION: Therequestfortwo(2)additionalemployeesforthePublicWorksInspectionsDepartment wouldfurthergrantthedepartmenttheabilitytospendmoretimeontheprojectsthat employeeshavebeenassignedto.Theseprojectscanrangefrompublicimprovementson aprivatedevelopmenttofullfledgedCapitalImprovementProjects.Themoretimethatan inspectorcanspendonajob,themoretheycanobserveconstructionandworkwiththe contractorandcustomerstoensurethatCityofDentonstandardsandspecificationsare beingmet. WithoverSixty(60)CapitalImprovementProjectsontheslateandwithfuturepossible bondpackages,aswellasprojectedmajordevelopmentonthe/źƷǤ͸ƭwestside,current staffinglevelswillsoonbeinadequate. RELATIONSHIPTOSTRATEGICPLAN: The additional employees will allow Public Works Inspections to continue to be pillars of all five (5) Key Focus Areas (KFAs) contained in the Strategic Plan. 1.Organizational Excellence a.Public Works Inspections is a group that exemplifies organizational excellence. PWI has been and will continue to be an invaluable resource for multiple groups within the City of Denton, ranging from Capital Projects to DME to Development Services. 2.Public Infrastructure a.Public Works Inspections has a focus on ensuring that the public infrastructure of Denton is being implemented properly, according to plans, and safe for the public to use. 3.Economic Development a.Public Works Inspections is responsible for ensuring that the public infrastructure provided by development is up to code, standards, and specifications. 4.Safe, Livable, and Family-Friendly Community a.Public Works Inspections has a focus on ensuring that the public infrastructure of Denton is being implemented properly, according to plans, and safe for the public to use. Without safe drinking water, sewage lines, and streets, a community is not safe, livable, or family-friendly. 5.Sustainable & Environmental Stewardship a.Public Works Inspections works closely with Watershed Protection to engage contractors and developers on implementing proper SWPPP controls and reporting violations to Watershed Protection when noted. Two additional employees will put two additional pairs of eyes on the ground working to continue PWIÔs record of striving to be exemplary at all five (5) KFAs contained in the Strategic Plan. CURRENTPRACTICES: ThecurrentstaffingofPublicWorksInspectionshasgrownfromsix(6)employees,one(1) manager,1RightofWayInspector,andfour(4)publicworksinspectorsatthebeginningof FiscalYear1819toacurrentrosterofthirteen(13)employees,One(1)manager,one(1) supervisor,three(3)RightofWayinspectors,andeight(8)publicworksinspectors. CURRENTISSUES: Thegoalofhavingmoreinspectorswithfewerprojectsperinspectorisnotbeingmet.Mr. ToddEstes,CityofDentonEngineer,recommendedthatinspectorsspendaminimumof four(4)hoursperdayperCapitalImprovementprojectandone(1)hourperdayonprivate developmentsthatcontainpublicimprovements. (Thisincludestwonewinspectorsthatstarted Currentlytheworkloadisasshownbelow 03/25/2018andarestillintraining): Four (4) Hour Time Average Project per Inspectors CIP Projects on CIP Projects per Inspector Day Per Inspector 8 10 1.25 5 One (1) Hour Time on Private PrivateAverage Project per Inspectors Development Development Inspector Project per Inspector 8 45 5.625 5.625 Total Time on Projects per Inspector per Day 10.625 ThisshowsthatPublicWorksInspectionsascurrentlystaffedisnotabletoadequatelymeet th theexpectationsplacedbytheCityofDentonCityEngineer.ThisdataisfromMarch28, 2019;whichistypicallywhenmoreprivatedevelopmentprojectsstartcomingin. Additionally,PublicWorksInspectionsisanticipatingthatallinspectorslevelIII(3)andup willbecarryingtwoCapitalImprovementProjectsperinspector.Thiswouldleaveonly three(3)inspectorstocoverthebulkofprivatedevelopmentwhich,asshownabove,is currently45projectsandexpectedtogrowthroughoutthespringandsummer. SOLUTIONANDRECOMMENDATIONS: Two(2)moreinspectorswouldallowPublicWorksInspectionstocomeclosertothestated goalsoftheCityofDentonCityEngineer,whilenotoverstaffingthedepartmentduringthe lesseramountofconstructionthatoccursinthewintermonths.Additionally,thiswould allowustotrainanddevelopthelevelI(1)andII(2)inspectorstohavethechanceto becomelevelIII(3)inspectorswhileworkingonCIPSduringtheslowermonthswiththe moreseniorstaff. Therecommendationafterviewingtheinformationprovidedthroughoutthisdocumentis tohiretwo(2)morePublicWorksInspectors. PleasenoteYoumuststillattachaͻ{ǒƦƦƌĻƒĻƓƷğƌProgramFundingwĻƨǒĻƭƷͼformtothiswhite paperoutliningalineitemdetailofyourfundingrequest. DIVISIONPROGRAMPACKAGE EngineeringDesign Project Manager PROGRAMDESCRIPTION: TheEngineeringDesignDivisionoftheCapitalProjectsDepartmentisrequestingthe additionofaProjectManagertomanageagroupofmajorprojectsfortheCityofDenton. Thispositionwillperformthefollowingprimaryduties,includingbutnotlimitedto: Managecomplexprojectsinthecapitalprojectimprovementprogramfrom planningthroughconstructionphases, Coordinatewithfranchiseutilitiestoconfirmlinesareclearedbeforeconstruction, Ensurecompliancewithlocal,stateandfederallaws, Assurequalitycontrolonaspectsoftheprojectandparticipatesintheanalysisto manageandmitigaterisks, Dealswithcontractors,consultantsandotheroutsideagencies. Theabilitytodeliverextraordinaryresultsrequiresthatadequatestaffingisavailableto managethecriticalprojectsthataretobedeliveredthroughCapitalProjects.TheProject Managerwillconfirmthoseprojectsaredeliveredtothecommunityontimeandas efficientlyaspossible. RELATIONSHIPTOSTRATEGICPLAN: TherequestforaProjectManagerrelatestoOrganizationalExcellenceaswebuildour publicinfrastructure.ThisrequestservestofurtheralloftheKFA1goals: Goal1.1:Managefinancialresourcesinaresponsiblemanner Goal1.2:Developahighperformanceorganization ΘGoal1.3:Promoteeffectiveinternalandexternalcommunication ΘGoal1.4:Achieveahighlevelofcustomersatisfaction ΘGoal1.5:Enhanceefficiencyandproductivitythroughbusinessprocess improvements. ΘGoal1.6:Collaboratewithlocal,regional,stateandfederalpartners. CURRENTPRACTICES: Thecurrentworkloadexceedscurrentstaffingcapacity,makingitdifficulttomanage projectssotheyaredeliveredtothecommunityontimeasefficientlyaspossible.. SOLUTIONANDRECOMMENDATIONS: ApprovetheadditionofaProjectManagerpositionwithintheEngineeringDivision. PleasenoteYoumuststillattachaͻ{ǒƦƦƌĻƒĻƓƷğƌProgramFundingwĻƨǒĻƭƷͼformtothiswhite paperoutliningalineitemdetailofyourfundingrequest. DIVISION PROGRAM PACKAGE FLEET SERVICES Acquisition Coordinator Position PROGRAM DESCRIPTION: The addition of an acquisition coordinator staff member will enable Fleet Services to better serve operating departments by providing a service that is dedicated to the timely replacement, addition and disposal of City vehicles and equipment. RELATIONSHIP TO STRATEGIC PLAN: 1.1 Organizational Excellence CURRENT PRACTICES: Fleet management responsibilities are divided into five major categories; budget/financials, maintenance/repair, fuel, vehicle/equipment acquisition, and administration. Each area overlaps the others and staff time is split between them. Planning for vehicle and equipment replacement begins in February ahead of FY budget approval and placing orders after approval typically starts mid-November. CURRENT ISSUES: The timely procurement of replacement equipment is critical to the success of the operating departments and has been identified as a major concern. Staffing overlaps in the lengthy process can cause reduced efficiencies. A staff member dedicated to the process will enhance the customer experience and shorten turn-around time for fleet replacements and additions. SOLUTION AND RECOMMENDATIONS: Approve the addition of an Acquisition Coordinator position within the Fleet Services Department. tƌĻğƭĻ ƓƚƷĻ Ώ ƦğƦĻƩ ƚǒƷƌźƓźƓŭ ğ ƌźƓĻ źƷĻƒ ķĻƷğźƌ ƚŅ ǤƚǒƩ ŅǒƓķźƓŭ ƩĻƨǒĻƭƷ͵ Portable Vehicle Lifts 1.1 Organizational Excellence Administrative I Position 1.1 Organizational Excellence DIVISIONPROGRAMPACKAGE TechnologyServices Firewall Replacements PROGRAMDESCRIPTION: RELATIONSHIPTOSTRATEGICPLAN: KFA 1: Organizational Excellence Goal 5: Provide maintenance for our critical server infrastructure so that problems can be address timely. CURRENTPRACTICES: WecurrentlyutilizePaloAltofirewallstoprovideperimetersecurityforthecityandour intentionisupgradeourfirewallswithnewPaloAltoequipment.Currently,wehavea purchasingcontractinplacetopurchasethisequipment. CURRENTISSUES: Withoutreplacingourfirewall,wewillnotbeabletomeetourregulatoryrequirements.As partofthesupportwepurchasewereceivesecurityupdatestoaddressnewthreatstothe city.Withoutsupportwewillnolongerbeabletoupdateourequipmenttoaddressthese threats.ItisessentialfortheCityofDentontokeepcurrentmaintenancewiththevendor toensureavailabilityofupgrades,softwarefixesandaccesstoknowledgeandsupport resources. SOLUTIONANDRECOMMENDATIONS: TechnologyServicesrecommendspurchasingnewfirewallstoprovidethesecurityto preventunwantedaccesstooursystemsandtomeetregulatoryrequirements. PleasenoteYoumuststillattachaͻ{ǒƦƦƌĻƒĻƓƷğƌProgramFundingwĻƨǒĻƭƷͼformtothiswhite paperoutliningalineitemdetailofyourfundingrequest. DIVISIONPROGRAMPACKAGE TechnologyServices Kemp Replacements PROGRAMDESCRIPTION: RELATIONSHIPTOSTRATEGICPLAN: KFA 1: Organizational Excellence Goal 5: Provide maintenance for our critical server infrastructure so that problems can be address timely. CURRENTPRACTICES: CURRENTISSUES: WithoutreplacingourKempproxywewillnotbeabletomeetourregulatoryrequirements. Aspartofthesupportwepurchasewereceivesecurityupdatestoaddressnewthreatsto thecity.Withoutsupportwewillnolongerbeabletoupdateourequipmenttoaddress thesethreats. SOLUTIONANDRECOMMENDATIONS: TechnologyServicesrecommendspurchasingnewKempproxystoprovidethesecurityto preventunwantedaccesstooursystemsandtomeetregulatoryrequirements. PleasenoteYoumuststillattachaͻ{ǒƦƦƌĻƒĻƓƷğƌProgramFundingwĻƨǒĻƭƷͼformtothiswhite paperoutliningalineitemdetailofyourfundingrequest. 1 DIVISIONPROGRAMPACKAGE TECHNOLOGYSERVICES \[NearmapAerialSubscriptionService\] PROGRAMDESCRIPTION: Nearmapisaninnovativecloudservicethatprovidescommercialbusinessesandcity governmentsinstantaccesstocurrent,highresolutionaerialimageryofurbanareas.The aerialsprovidelarger,sharpercapturesusingairplanemountedcamerasystemstocover widelandareasinashortamountoftime,whilecapturingimageryatextremelyhigh resolution.Usingitsownpatentedprocessingsoftware,Nearmapcaptureswidescale urbanareasmultipletimeseachyear.Thisfreshcontent,togetherwitharangeofanalytics tools,isinstantlyavailableinthecloudviawebapporAPIintegration.Theaerialsprovide crystalclearphotomapsthataremoredetailedthanfreesatelliteimageryandprovidea truegroundviewofworksites.Userscaninspectlocationsremotely,identifyandtargetnew business,estimateandquotewithaccuracy,andmonitorchangeovertime. Everyday,Nearmaphelpsthousandsofusersconductvirtualsitevisitsfordeep,data driveninsightsenablinginformeddecisions,streamlinedoperations,androbustbottom lines.Theserviceprovidesaccesstoawebbasedapplicationforsearchingandnavigating bĻğƩƒğƦ͸ƭlibraryofcurrentandhistoricalaerialsphotos.Theaerialserviceincludes powerful,intuitivetoolsformeasuring,designing,andanalyzinglocations.TheNearmap productisintendedtosupplementourexistingaerialserviceswhilewecontinueto purchaseaerialsfromNCTCOGeverytwoyears. RELATIONSHIPTOSTRATEGICPLAN: KFA1:OrganizationExcellence Goal1.1:Increaseoverallsatisfactionratewithcustomerservicefrom75to80percentby 2020. ThenewaerialservicewillallowInspectioncrewstoremotelyscanhundredsofmilesina fractionofthetimeandwithoutrisk.Highresolutionoverheadmapshelpensure transmissioncontinuity,detectbrokeninsulators,andinspecttowerintegrity.More importantly,remoteinfrastructuresurveyshelptoactivelydeploycrewswhenandwhere ƷŷĻǤ͸ƩĻmostneeded.Withaerialphotography,utilitycompaniesandpublicworksmore effectivelytracklargeutilityinventories.Mappinglocationassetsreducedowntimethrough betterPMscheduling,leadingtofasterservicedispatchanddeployment.Theaerialswe purchasefromNCTCOGeverytwoyearsdonotallowuserstoaccuratelyseetherapid changeoccurringintheCityofDenton.Staffwillbeabletomonitorgrowthwithmultiple urbancapturesperyearandkeeptabsonlongtermprivateandindustrialdevelopmentand infrastructureprojects.Imagerymorecurrentthanthe2017NCTCOGaerialswillhelpwith responsiblegovernance. 2 CURRENTPRACTICES: OurcurrentpracticeistopurchaseaerialsfromNCTCOGeverytwoyears.Since2001, NCTCOGhasfacilitatedthepurchaseofhighquality,color,digitalaerialphotographyfor NorthCentralTexasasacostsharingobjectiveforlocalgovernmentsandotherentities. Duetothesuccessoftheprojectandsubsequentrealizedsavings,mostoflocal governmentsinNorthCentralTexaspurchaseaerialphotographythroughNCTCOG's cooperativeprogramwhichoccurseveryotheryear(oddyears).Smaller"noncooperative" flightsoccurintheevenyearsforthoseentitieswhoneedimageryflowneveryyear.The scopeofanyprojectisdependentupontheneedsofthatǤĻğƩ͸ƭparticipatingentities.Also, NCTCOGpurchasesdigitalelevationcontoursandotherderivativeremotesensingproducts. Thecollaborativenatureoftheseprojectsresultsinasignificantcostsavingsfor participants.TechnologyServicecontinuestofundandsupporttheNCTCOGprogramby purchasingtheaerials,contours,andplanimetricsincluding:buildingfootprints,pavement, sidewalks,etc. CURRENTISSUES: TechnologyServicescontractswithNCTCOGtophotographthecityareas.Becauseofthe highcostofcapturingthoseimages,thecitypurchasesaerialsonceeverytwoyears.While theimageryresolutionishighquality,therewereminorissuesmosaicingtheseparate imagestogether.Witholderaerialimageryusersrealizethequalityisinsufficientfor gatheringaccurateinformation.Ourcurrentimageryispurchasedeverytwoyearsanddoes growthinurban,ruralandunincorporatedareas.Withoutofdate notreflectchangeand images,staffmustdevelopalternatemethodstolocateandidentifychangesintheseareas. WehaveacontractwithNCTCOGforabundleofservices,includingplanimetricsservices. TheaerialphotosthatareincludedwiththeNCTCOGpackagearenotofthequalityor thatwerequireattheCity. currency SOLUTIONANDRECOMMENDATIONS: TechnologyServicesrecommendspurchaseofNearmaptointegrateandsupplementour existingaerialservices.WithNearmap,staffwillbeabletoaccesscurrentimagerytosee changeovertimebyanalyzingcurrentimagerycomparedwithpreviouscaptures.The servicewillallowuserstomeasureremotelyandgetaccuratearea,ordistancebetween pointsofinterest.Userscanexportimageryandenhancecommunicationsanddevelop winningproposalswithstunningpresentationsthatfeatureuptodateimagesoftheir projects.OnebenefittobĻğƩƒğƦ͸ƭphotomapsistheimageryistaken23timesayear, bothleafonandleafofftoprovidedifferentviewsoflocationsindifferentseasons.The greatestadvantageisthattheimageryintegratesdirectlyintoAutodesk,ArcMap,ArcPro, andArcGISOnlineapplications.WecanoverlayGISinformationdirectlyoverhigh resolutionimagery.Organizationscanunlockopportunitiesthatinformdecisionmakingand transformthewaytheywork.Thehighresolution,frequentlyupdatedaerialimageryis betterthansatelliteimageryshowingchangesovertime.Userswillsavetimeandmoney, reducesitevisitsandefficientlyplanwithcurrent,clearimagery. 3 NCTOG2017AerialsMarchTimeframeEdwardsRoadAreaundeveloped NearmapAerials2018/01/08Timeframe5467EdwardsRoaddevelopment 4 NearmapAerials2018/10/23Timeframe5467EdwardsRoaddevelopment NCTOG2017AerialsMarchTimeframeColoradoBlvdAreacongestedlanes 5 NearmapAerials2018/01/08TimeframeColoradoBlvdimprovedtraffic NearmapAerials2018/10/23TimeframeColoradoBlvdimprovedtraffic 6 2017NCTCOGAerialsMarchTimeframeI35Eexistinglanedesign Nearmap2017/01/24TimeframeI35Elaneandrampsconstruction 7 Nearmap2017/06/21TimeframeI35Elanesandrampconstruction Nearmap2017/10/07TimeframeI35Elaneclosuresandrampconstruction 8 Nearmap2018/01/08TimeframeI35Elaneclosuresandrampconstruction Nearmap2018/10/23TimeframeI35Elaneclosuresandrampconstruction DIVISIONPROGRAMPACKAGE TechnologyServices Public Safety Redundancy PROGRAMDESCRIPTION: RELATIONSHIPTOSTRATEGICPLAN: KFA 1: Organizational Excellence Goal 2,5: This will allow Technology Services to provide critical resources in the event of an emergency to support our 911 operations. CURRENTPRACTICES: Currently,wecanonlyprovide911servicesfromonedatacenterandifthedatacenter weretobecomeunavailablewewouldnotbeabletoprovidecriticalapplicationstoour PublicSafetypersonnel. CURRENTISSUES: Currently,wedonothaveawaytoprovidecritical911servicesifourprimarydatacenter becomesunavailable. SOLUTIONANDRECOMMENDATIONS: TechnologyServicesrecommendsapprovingthisexpendituretoprovideabackupdata centertosupportour911Dispatch,PoliceandFiredepartmentsintheeventourprimary datacenterbecomesunavailable. PleasenoteYoumuststillattachaͻ{ǒƦƦƌĻƒĻƓƷğƌProgramFundingwĻƨǒĻƭƷͼformtothiswhite paperoutliningalineitemdetailofyourfundingrequest. DIVISIONPROGRAMPACKAGE (TechnologyServices) Kronos Time Clocks PROGRAMDESCRIPTION: KronosisourcurrenttimekeepingsystemusedbyallCityemployees.Employeesclockin usingtimeclocksplacedatover45differentfacilities. RELATIONSHIPTOSTRATEGICPLAN: KFA1:OrganizationExcellence Goal1.1:ManageFinancialResourcesinaResponsibleManner Goal1.5:UtilizeTechnologytoEnhanceEfficiencyandProductivity CURRENTPRACTICES: AsKronosistheCitysolutionforallfullandparttimeemployees,itisnecessarytoprovide accesstophysicalandwebdriventimecardsfortimeentryandmanagement.Kronos providesbothofthesesolutionsthatthecityisusingtoday. CURRENTISSUES: Lackofdevicesresultsinemployeeshavingtoentertimeinalternatemethodsorat alternatelocations.Asthecitygrows,weneedtoaddadditionalKronostimeclocks.Inthe pastfiscalyear,weaddedtwotimeclocks.Ļ͸ƌƌneedtocontinuetoaddtimeclocksas expansionsandrenovationstakeplaceinthecity. SOLUTIONANDRECOMMENDATIONS: SupportthefundingforadditionalKronostimeclocksasthecitygrows. PleasenoteYoumuststillattachaͻ{ǒƦƦƌĻƒĻƓƷğƌProgramFundingwĻƨǒĻƭƷͼformtothiswhite paperoutliningalineitemdetailofyourfundingrequest. DIVISIONPROGRAMPACKAGE TECHNOLOGYSERVICES AxonInterviewRoomSystem PROGRAMDESCRIPTION: TheDentonPoliceDepartmentisrequestingthefundingforAxonInterviewRoomSystem.The systemrecord,organizeandstreamcrucialinterviewswithredundant,highqualityvideoand audiotechnology.ItstreaminterviewsfromanywhereinPD,capturemomentsofkeydialogue age. toits24/7buffer,whichcanstoreweeksofcontinuousaudioandvideotolocalstor Bookmark,annotate,andcommentonfootageinrealtime.Maintainacompletechainof custodywithaudioandvideomaskingtoprotectattorneyclientprivilegesandensure defensibleevidence. RELATIONSHIPTOSTRATEGICPLAN: KeyFocusAreaSafe,Liveable&FamilyFriendlyCommunity. Goal4.1Enhancepublicsafetyinthecommunity. CURRENTPRACTICES: ThedepartmentcurrentlyuseV2interviewroomsystemwhichdoestherecording,organizethe recordinginanoldfashionstructure.Thevideosfillupthestorageonthephysicalmachinethatthe departmenthastomaintain. CURRENTISSUES: Withoutbeingon/źƷǤ͸ƭnetwork,ourinvestigatorsĭğƓ͸Ʒwatchthestreaminginterview fromtheirdesktop.Therecordingfillsupthephysicalstoragespacewhichisnotoptimum andźƷ͸ƭnoton/źƷǤ͸ƭWindowsupdateschedulethatithastobeonamanualschedule. Thesystemisnotuserfriendlytotheusersandthesupportteamfortroubleshooting. SOLUTIONANDRECOMMENDATIONS: ThePoliceDepartmentrecommendtopurchaseAxonInterviewRoomSystemwhich integratesthebackendofexistingstoragesolutionwithBodyCameraSystemΑ Evidence.com. PleasenoteYoumuststillattachaͻ{ǒƦƦƌĻƒĻƓƷğƌProgramFundingwĻƨǒĻƭƷͼformtothiswhite paperoutliningalineitemdetailofyourfundingrequest. DIVISIONPROGRAMPACKAGE TECHNOLOGYSERVICES AxonSignalSidearmSystem PROGRAMDESCRIPTION: TheDentonPoliceDepartmentisrequestingthefundingforAxonSignalSidearmSystem.The systemintegratewithourcurrentAxonbodycamerasbybeginningrecordingthemoment officersdrawthefirearm.Thesensorsitsseamlesslyonourholstersandalertstheprimary ƚŅŅźĭĻƩ͸ƭbodycameraandothernearbycameraswhentheactionisactivated. RELATIONSHIPTOSTRATEGICPLAN: KeyFocusAreaSafe,Liveable&FamilyFriendlyCommunity. Goal4.1Enhancepublicsafetyinthecommunity. CURRENTPRACTICES: Ourofficersactivatethebodycamerasbypressingabutton.Currently,theofficershavetofocusonthe situationinfrontofhim/herandalsospendtimeactivatingthebodycameras. CURRENTISSUES: Ourofficersactivatethebodycamerasbypressingabutton.Currently,theofficershaveto focusonthesituationinfrontofhimandalsospendtimeactivatingthebodycameras.This canpotentiallyleadtohumanerrororadelayinresponseastheofficershastoensurethe bodycamisturnedon.Withthisenhancedfeature,thiswillautomaticallyturnonforthe officers,allowingthemtofocusonthesituationinfrontofthem. SOLUTIONANDRECOMMENDATIONS: ThePoliceDepartmentrecommendtopurchaseAxonSidearmSystemwhichintegratesthe backendofexistingstoragesolutionwithAxonBodyCameraSystemΑEvidence.comand producetheaudittrailthateachtimethesensortriggersarecording. PleasenoteYoumuststillattachaͻ{ǒƦƦƌĻƒĻƓƷğƌProgramFundingwĻƨǒĻƭƷͼformtothiswhite paperoutliningalineitemdetailofyourfundingrequest. DIVISIONPROGRAMPACKAGE TECHNOLOGYSERVICES IdemiaLivescanFingerprintSystemUpgrade PROGRAMDESCRIPTION: TheDentonPoliceDepartmentisrequestingthefundingtoupgradeourcurrent IdemiaFingerprintsystem.Theupgradeofthesystemwillcapturetenprints,palm prints,rolls,andwritersedgeinhighqualityimageswithsingleplaten.Thescan resolutionscanbeconfiguredtobe1000ppiwhichexceedtheFBIcertified requirement.Thepalmcaptureislessthan1.5secondsinitsprocesstime. RELATIONSHIPTOSTRATEGICPLAN: KeyFocusAreaSafe,Liveable&FamilyFriendlyCommunity. Goal4.1Enhancepublicsafetyinthecommunity. CURRENTPRACTICES: ThedepartmenthasbeenusingTPE5900modelfor5years. CURRENTISSUES: Thecurrentsystemis5ǤĻğƩƭ͸oldwhichrunsslowandtheimagequalitycanbe unpredictableresultinginpoorquality.Thepoorqualityprintscannotbeusedtocorrectly identifyorverifyasubjectontheAFISsubmissiontotheState,resultinginhigherrejection ratesandlengthyprocessingtimes.Additionally,źƷ͸ƭimportanttokeepallmissioncritical softwareandhardwareunderasupportandmaintenancecontract.Failuretomaintain supportontheseproductswillexposetheCitytosignificantriskwithregardstoservice availability. SOLUTIONANDRECOMMENDATIONS: TheTechnologyServicesDepartmentrecommendstoupgradethesystemtoproduce higherqualityprintsinanefforttoaccuratelyidentifyorverifypersonnelthatneedtobe fingerprinted. PleasenoteYoumuststillattachaͻ{ǒƦƦƌĻƒĻƓƷğƌProgramFundingwĻƨǒĻƭƷͼformtothiswhite paperoutliningalineitemdetailofyourfundingrequest. DIVISIONPROGRAMPACKAGE TECHNOLOGYSERVICES RecordsScanning PROGRAMDESCRIPTION: TheDentonPoliceDepartment(DPD)isrequestingthefundingfordigitalarchiving ofallthehistoricalcriminalcases,arrests,jaillogs,arrestphotos,andfingerprint cards.Theserviceincludesscanningandindexingdocumentsbycasenumber, outputtoPDF,performOpticalCharacterRecognition(OCR),deliverTIFFfiles, suitableforLaserficheupload,tothecourtonanencryptedexternalharddrive, andperformcertifieddestructionoftheoriginalpaperfilesorreturntheoriginal filestoDPD. RELATIONSHIPTOSTRATEGICPLAN: KFA1:OrganizationExcellence Goal1.5:Utilizetechnologytoenhanceefficiencyandproductivity CURRENTPRACTICES: TheDentonPoliceDepartmentstoresthehistoricalcriminalcases,arrests,jaillogs,arrest photos,andfingerprintcardsinpaperformatinfoldersinrecordsdivision.Theycurrently occupyasignificantamountofofficespace. CURRENTISSUES: Thepaperdocumentsaredifficulttosearch.Additionally,thecitydoesnothaveabackup incaseofadisaster.Locating,retrieving,managing,anddisposingthedocumentsaretime andlaborintensive.TheDentonPoliceDepartmentneedstogopaperlesstoallowthe benefitsofelectronicdocumentssearchingandaccessintothe/źƷǤ͸ƭarchivingsystemΑ Laserfiche.Currently,Laserficheisonthe/źƷǤ͸ƭbackupschedule.Adatabackupcan protectandrestoredatawhensomethinggoeswrong. SOLUTIONANDRECOMMENDATIONS: TheDentonPoliceDepartmentrecommendstofundthisscanningservicetoassistthe DentonPoliceDepartmentintogoingpaperlessandutilizethespaceandroomsavedfor additionaloffices. PleasenoteYoumuststillattachaͻ{ǒƦƦƌĻƒĻƓƷğƌProgramFundingwĻƨǒĻƭƷͼformtothiswhite paperoutliningalineitemdetailofyourfundingrequest. DIVISIONPROGRAMPACKAGE TechnologyServicesΑPublicSafety TelestaffProfessionalServices$12,000 PROGRAMDESCRIPTION: EstablishfundingforTelestaffProfessionalServices. RELATIONSHIPTOSTRATEGICPLAN: KeyFocusAreaSafe,Liveable&FamilyFriendlyCommunity. Goal4.1Enhancepublicsafetyinthecommunity. CURRENTPRACTICES: ThePoliceandFireDepartmentwentlivewithacloudhostedautomatedstaffingand timekeepingsystemonJanuary,2018.Bothdepartmentshaveonededicatedtimekeeper whohandlesaccountsetup,passwordsetup,rights,reports,andtroubleshooting,payroll processing. CURRENTISSUES: Theimplementationofthenewsystemhasprovidedchallengesandopportunitiesforboth departments.Onespecificareahasbeenreporting.Currently,reportsareoutofthebox reportswithlittletonoflexibility.WorkingwithTelestaff(Kronos),theycanpreparecustom reportsbasedofftheneedsofPoliceandFireforafee. Currently,thereareseveralfeaturesinTelestaffthatarenotfullyleveraged.Theseservices willprovidetheabilityforanoptimizationsessiontoensureweareusingthesystemtoits fullpotentialorlearnnewprocessesassystemfeaturesareadded. SOLUTIONANDRECOMMENDATIONS: ThePoliceandFireDepartmentrecommendsadding$12,000tothePublicSafety TechnologyBudgetasanongoingexpenseforadditionaltechnologyneedsforthePolice andFireDepartment.Thiswillprovide40hoursofconsultantworkeachfiscalyear. DIVISIONPROGRAMPACKAGE PermitsforProjects PROGRAMDESCRIPTION: TechnologyServicesisrequiredtoapplyforpermitsforconstructionjobsinCityrightof ways.ThepermitsallowforCityinspectorstoreviewthejobsbeforetheyarestarted.The inspectorswillalsoreceivetheschedulingoftheplanworksotheycancomplete inspectionsduringandaftertheconstructionjob. RELATIONSHIPTOSTRATEGICPLAN: KFA1:OrganizationExcellence Goal1.1:ManageFinancialResourcesinaResponsibleManner Thisnewprocessforcompetingconstructionpermitswillensurealljobsarebeing completedinasafemannerandworkareasarecleanedupaftercompletion. CURRENTPRACTICES: ThepreviousprocesswascoordinatingwithElectricSystemOperationsinformingtheir personnelonthelocationsthatconstructionwasbeingcompleted.Thisdidnotallowfor constructionplanstobereviewedorinspectedafterjobcompletion. CURRENTISSUES: Currently,weareusingotheroperationalfundstocoverthiscost.AsRadio/Fiberwas recentlytransferredtoTechnologyServices,wearemonitoringthecoststoapplyfor permits.Basedonhistoricaluse,wearerequestingaddingadditionalfundsforpermitsin thenextfiscalyear.HavingCityinspectorsreviewtheplansensuresthepropermeasures willbeusedtokeeptheworkareassafeforthepublicandconstructioncrews. SOLUTIONANDRECOMMENDATIONS: TechnologyServicesrecommendsapprovalofthefundstoapplyforconstructionpermits forprojectsinCityrightofways. PleasenoteYoumuststillattachaͻ{ǒƦƦƌĻƒĻƓƷğƌProgramFundingwĻƨǒĻƭƷͼformtothiswhite paperoutliningalineitemdetailofyourfundingrequest. Water Metering Administration Water Metering Maintenance (1) 2010 U.S. Census Bureau data utilized for base year (2) Updated October 25, 2018 Operator I/Belt Filter Press Operator Public Infrastructure 2.3 Promote superior utility services and City facilities DIVISIONPROGRAMPACKAGE SolidWasteLandfill Landfill1FTE PROGRAMDESCRIPTION: Funding of 1 new Full Time Employee (FTE) Heavy Equipment Operator II GL0711 for the Solid Waste Landfill Division. RELATIONSHIPTOSTRATEGICPLAN: KFA1OrganizationalExcellence Developingahighperformanceworkforce CURRENTPRACTICES: ThelandfillcurrentlyhastwelveHeavyEquipmentOperatorLL͸ƭcoveringtheoperationalneedsofthe LandfillWorkingFace,PublicDisposalAreaandFacilityMaintenance. CURRENTISSUES: With the recent reorganization and restructure the landfill lost three HEO II positions to create the new Field Service Worker II positions. When this happened it required the remaining operators to cover our operational hours(Exhibit 1.) With existing operators covering open shifts we have realized an excessive expenditure of overtime. Additionally, the additional stress on the employees has increased due to the need to operate many types of equipment in any given day to complete assigned tasks. . The Landfill is open 6 days a week, operating 10 hours per day. Existing employees are each working an estimated 15 hours of overtime per pay period having to cover permit required staffing needs during these hours. This DOES NOT account for additional effort required to address sick time and vacation leave. SOLUTIONANDRECOMMENDATIONS: Byadding1FTE,HEOIIGL0711TheSolidWasteDepartmentwillbebetterabletopositivelyaffectthe operatorcountneededtocoverthehoursofoperationfortheLandfill,PublicDisposalArea,andSite Operationsandhaveappropriateeffortinreservetoaddresssickandvacationtimeasneeded, minimizingtheneedtoexpendovertime. Exhibit1 PrimaryMachineRun Hoursvs.EmployeeAvailableHours 6:30a4:30p10hourdays,6daysa week LandfillPrimaryMachines Total employees neededto justcover weekly Weeklymachine Emis#DescriptionDailyHoursHourshours. SW181092018Caterpillar836KCompactor1060 SW0324A2003TarpOMatic15 2017KomatsuD155AX7WasteHandler SW17114Dozer1060 SW17512017KomatsuPC490Excavator530 2016KomatsuHM4005ArticulatedDump SW1685Truck530 2016KomatsuHM4005ArticulatedWater SW1694Truck848 SW05752005GormanRuppWaterPump0.31.8 39.3234.85.876 PublicDisposalAreaPrimaryMachines 7:00a4:00p8hourdays,6daysaweek Total employees neededto justcover weekly machine Weekly Emis#DescriptionDailyHoursHourshours. SW171172017KomatsuPC490Excavator636 SW151122015KomatsuArticulatedDumptruck636 SW1391J&JFullEjectPrattTrailer00 SW1690J&JFullEjectPrattTrailer00 SW7101CapacityYardMule636 SW1761PeterbiltRolloff848 SW06422006VolvoL180ERubberTireLoader848 342045.16 SiteOperationsPrimaryMachines 7:00a4:00p8hourdays,5daysaweek Total employees neededto justcover weekly Weeklymachine Emis#DescriptionDailyHoursHourshours. SW151022015JohnDeereZTrac630 SW16862015IsuzuNRRSweeper1.68 SW16882016JohnDeereTractorandBatWingMower210 9.6481.22 Currentavailableoperators:12 Total needed:12.17 Totalneededw/backup:13.38714 DIVISIONPROGRAMPACKAGE SolidWasteLandfill LandfillCommunicationRadios PROGRAMDESCRIPTION: Fundingisrequestedforthepurchaseandmaintenanceofhandheldandmountedradiosfor personnelandequipmentfortheLandfill,SiteOperations,andAdministrationdivisions. RELATIONSHIPTOSTRATEGICPLAN: KFA1OrganizationalExcellence Promoteeffectiveinternalandexternalcommunication CURRENTPRACTICES: TheLandfilldepartmentcurrentlyutilizescellphoneswithanapplicationcalledZellofor communicationwithemployees(Exhibit1). CURRENTISSUES: TheZelloapplicationisaveryunreliableandunsafemeansofrealtimecommunicationbetween employees.Theapplicationishardtouseandverydemandingforthepersonusingit.Attimes,itis simplerforthesupervisorstogetintheirvehiclesanddrivetowherethemenareandtalkfacetoface becauseoftheunreliabilityoftheZelloapplication.Thisisnotaneffectiveuseofthesupervisorsorthe ĻƒƦƌƚǤĻĻ͸ƭtime. SOLUTIONANDRECOMMENDATIONS: TheSolidWasteDepartmentneedstoconvertbacktoaradiosystem(Exhibit2)whichwillprovide employeeswithaverysafe,reliableandinstantaneousformofcommunicationbetweendivisions, employeesandsupervision.Theradioswillallowtheoperatorstoeasilyandsafelytalkwitheachother andtheotherdivisionswithinthesolidwastedepartmentalongwiththestreets,drainage,waterand wastewateremployeesthatvisitourfacilitywithoutworryingiftheyarebeingheardorifthe communicationwillbedisconnectedduringuse. Exhibit1 CurrentlandfillcommunicationwithZelloApp. Exhibit2 Newmethodofcommunication,MotorolaRadios DIVISIONPROGRAMPACKAGE SolidWasteLandfill LandfillD9Dozer PROGRAMDESCRIPTION: FundingisrequestedforthepurchaseofoneWasteHandlerdozer(Exhibit1)thatwillhelpefficiently andeffectivelypushandcompactMunicipalSolidWaste(MSW)attheDentonlandfillworkingface. RELATIONSHIPTOSTRATEGICPLAN: KFA5Sustainable&EnvironmentalStewardship StrategicInitiative5.2 Manage5ĻƓƷƚƓ͸ƭSolidWasteandRecylinginasustainablemanner CURRENTPRACTICES: TheLandfilloperationhasonly1WasteHandlerpushdozer(Exhibit2.)Thisdozerisusedtoassistthe compactorwiththeplacementofMSWintheactivelandfillworkingfacetoensureeffective compaction.ThisdozerisalsobackuptothecompactorsincaseoftheĭƚƒƦğĭƷƚƩ͸ƭcatastrophic failure. CURRENTISSUES: ThecurrentWasteHandlerpushdozeraccumulatesapproximately2,000hoursofuseperyear,which makesitaveryhighuseandhighwearmachine,requiringfrequentservice,andmaintenance. TheDentonLandfilldoesnotcurrentlypossessredundantorbackupequipmenttoreplacetheWaste Handlerwhenitisoutofservice.Additionally,thedozerisabackupmachinetothelandfillcompactors. InFY20172018,allthecompactorsattheDentonLandfillexperiencedcatastrophicmechanical problemsthatcausedthemtobeoutofservicefortwomonths.Thisrequiredustosolelyrelyonthe dozertokeepthelandfillworkingfaceoperational.Ifthedozerwouldhavewentdown,theCityof Dentoncouldhavepossiblyhadtocloseitslandfillduetoourinabilitytocompactandcoverthelandfill workingfacepursuantourTexasCommissiononEnvironmentalQualityPermit(TCEQ)1590APermit rules. SOLUTIONANDRECOMMENDATIONS: ThenewWasteHandlerDozerwouldbecomeourfrontlinepushdozerandthecurrentlandfilldozer wouldbecomethebackupmachine.Thispurchasewouldgivethelandfillredundancytoitsfrontline compactionequipmentandwouldenablethelandfilltosetthetwodozersonarotatingrecertification andreplacementschedule.Byrecertifyingeachdozerwhentheyarefiveyearsoldandthenreplacing themoncetheyaretenyearsold,allowsforbetterandmoreproductiveuseofthemachines.Which ultimatelydecreaseslongtermmaintenancecostandminimizesdowntime. Exhibit1 NewWasteHandlerDozer Exhibit2 CurrentlandfillKomatsuD155AXWasteHandler DIVISIONPROGRAMPACKAGE SolidWasteLandfill Landfill- Engineering Services PROGRAMDESCRIPTION: Fundingisrequestedtosecuretheservicesofprofessionalengineeringfirm(s),onanannualbasis,to completecomplianceactivitiesattheDentonLandfillthatrequireregistrations,certifications,effort, equipment,and/orexpertisethatcurrentlydoesnotexistswithintheSolidWasteDepartment. RELATIONSHIPTOSTRATEGICPLAN: KFA5 StrategicInitiative5.2 Manage5ĻƓƷƚƓ͸ƭSolidWasteandRecyclinginasustainablemanner CURRENTPRACTICES: TheCityofDentonLandfillcurrentlyexercisesseveraladhoccontractstocompleteservicetoensure complianceeffortsincluding,butnotlimitedto: LandfillcelldesignGroundwaterMonitoring LandfillPermitModificationAnnualreportcertification FacilityinfrastructureimprovementsPermitandcompliancereporting FillPlansandSequencingLandfillgasmanagement SoilBalancePlansLandfillClosure/Postclosure SurveyingAirspaceUtilization Statepurchasinglawrequiresthatgoodsandservicesthatareusedonareoccurringbasisbe periodically,formallyprocuredtoensurethattheproviderhastheknowledge/skillstocompletethe work. CURRENTISSUES: Managingalandfillisnotonlyacomplexandhighlytechnicalendeavorbutonethat,toensure compliance,requirestheuseofcontractedprofessionalstocompleteactualworkandfilerequired reportedformsandreports.Manyofthesecontractsareextendedonayeartoyearbasis,withthe successfulcompaniesnothavingbeensubjectedtoarecentqualificationbasedprocurementprocessto ensurethat,notonly,themostqualifiedperson/companyhasbeenidentifiedtocompletethework, butcostshavebeennegotiatedtoensurethegreatestvalueforservicetotheratepayersoftheCityof Dentonhasbeenachieved. SOLUTIONANDRECOMMENDATIONS: TheCityofDenton,SolidWasteDepartment,proposestodeveloparequesttoseekproposalsfrom interestedfirmstoawardnonexclusivecontactstoprovideengineeringandnonengineeringrelated landfillcomplianceeffortsattheCityofDentonLandfill.Itisanticipatedthatseveralcontractswillbe awardedunderthis/theserequests.Workwillbeinitiatedunderataskordersystemandcontrolledvia purchaseorders. Theestimatedtotalannualexpenditureforthisendeavorisnottoexceed$150,000 DIVISIONPROGRAMPACKAGE SolidWaste&RecyclingΑCollections PROGRAMDESCRIPTION: FundingisrequestedfortwoMiniRearLoadergarbagetrucksfortheSolidWaste&Recycling Department.Thesetruckswillallowustobecomemoreversatileasweaddresslowtohighlevel customerserviceconcerns.Additionally,wecanreducethenumberoflargevehiclesontheroad duringnoroutecollectiontimeswhichinturnwillreducecarbonemissions. RELATIONSHIPTOSTRATEGICPLAN: KFA2:Goal1.2Developahighperformanceorganization&Goal1.4Achievehighlevelofcustomer satisfaction. CURRENTPRACTICES: SolidWasteServicesisresponsibleforthecollection,disposalandrecyclingservicestothecitizens ofDenton,TX.Currentlysupervisorsusetheirpickuptruckstorespondtocustomercomplaints andconcernshavingtomakeseveraltripstocompletethetask.Supervisorsalsopulldriversaway fromtheircurrenttasktoensurethetaskiscomplete. CURRENTISSUES: SolidWasteServicesdoesnothaveenoughspaceonthebackofthepickuptruckstotransfermaterials thatneedtobepickedup,supervisorshavetopulldriversawayfromtheirdailyscheduledtasktoassist andusethetruckstopickupthematerialcausingadecreaseincustomerresponsetime,drivershaveto anincreasedamountofgas stayinthefieldlongertocompletedailyassignedtasks.Thereisalso pollutantsbecausethetrucksaredrivingfurtherandlongerthroughoutthecourseoftheday. SOLUTIONANDRECOMMENDATIONS: SolidWasteServicesisinneedoftwoMiniRearLoaderstoreducethetimeittakestorespondto customercomplaints.TheadditionalvehicleswillalsobeusedastheprimaryworkofficeforCrew Leaderwhichwillmakingrespondingtocrewsmoreefficientandprovidingtheabilitytocompletea varietyofsmalltasks.Additionally,thevehiclesaremoreeconomicalandcostconduciveaswellas environmentallyfriendly.Thevehicleshavegasolineengineandtheyburnsmarterandcleaner.Thesize ofthevehiclemakesiteasiertomaneuverthroughtrafficandthecarbonfootprintitisleavingwillbe muchsmaller.Thedepartmentwillsaveasignificantamountoftimeandmoneypurchasingthese vehicleswhileincreasingcustomerservice. DIVISIONPROGRAMPACKAGE SolidWasteΑScalehouseSoftware SolidWasteAdministration PROGRAMDESCRIPTION: Fundingisrequestedfortheselection,design,testingandimplementationofanewscalehouse (weighstation)softwaresolutionthatiscapableofaccuratelyweighingincomingwaste,providing trustworthydata,processingpaymentsofalltypes,producingreports,andcommunicatingwiththe NorthstarUtilityBillingsystem.ThissoftwarewillallowtheSolidWastedepartmentstoestablishand improvedataintegrity,improvecustomerserviceatthelandfill,andimprovetheflowofinformation betweenSolidWasteandCustomerService. RELATIONSHIPTOSTRATEGICPLAN: KFA1:OrganizationalExcellence Goal1.2Developahighperformanceorganization CURRENTPRACTICES: TheSolidWaste5ĻƦğƩƷƒĻƓƷ͸ƭAdministrationdivisionisresponsibleforweighingandtrackingall wastethatarrivesattheWeighStationfacilityatthe/źƷǤ͸ƭlandfill.Thesoftwaresolutionforthis operation,currentlyasystemknownasParadigm,mustcollectaseriesofdatapointsinaddition totheweightofthetruckandthewaste,andcommunicatethedatatoavarietyofworkgroups, areas,andsystems,includingthe/źƷǤ͸ƭbillingsystemandtheTexasCommissiononEnvironmental Quality(TCEQ),whichistheregulatoryagencywereporttoonaquarterlyandannualbasis. Datapointsinclude: trucktype wastematerialtypes destinationwithinthelandfillcampustowhichthewasteisbeingdelivered(ordiverted) specificarea(grid)withinthelandfill driverinformation whatcitythewasteoriginatedfrom tonnageofwaste transactionpaymenttype(cash,creditcard,check,onaccount) Thepointofentryfordataiswhentruckswithwasteloadsareweighedinattheinboundsideof theWeighStation,eitheratanattendedlanebyaCustomerServiceRepresentative,oratthe unattendedlanewherethedriverofthewastetruckmustinteractwithanunmannedcomputer kiosk.Thewasteisthendriventotheappropriateareaofthelandfillcampus,emptiedfromthe vehicle,andthenthevehicleexitsthroughtheWeighStationviaeithertheoutboundwindow, whereaCustomerServiceRepcollectstheemptyweightoftheoutboundvehicleandassiststhe customerwiththeassociatedfinancialtransactionandentersadditionaldata,orthebypasslane, whichisusedonlybyCityofDentonwastecollectionvehiclesorothervehiclesforcustomers whosewastechargesarechargedtoacustomerbillingaccount. CURRENTISSUES: TheParadigmsystemcurrentlyinusewasimplementedin2002,wasdevelopedusingMicrosoftAccess, andhasbeenupdated,patched,andhadaddonsimplementednumeroustimes.Thereisacustomer facingwebinterfaceforcertainͻƌğƓķŅźƌƌƚƓƌǤͼcommercialcustomers(customerswhousethelandfill buthavenoneedforotherCityutilities)topulldataforwastetransactions,buttheinterfacerequires frequentmaintenanceandhasbecomeunusableattimes,causinginternalrepresentativestomanually runreportsforthesecustomers. Itcurrentlyallowstheentryofthedatapointsnecessaryformanytransactiontypes,butisnotfully automated,andlackstheabilitiesneededforflaggingaccountswhenneeded,orpromptingusersto carryoutcertaincustomerinteractions,suchaswhenaĭǒƭƷƚƒĻƩ͸ƭaccountisunpaid/delinquent. BillinginformationissentfromParadigmtoNorthstarinanautomatedfashionforresidentialaccounts, butforcommercialaccountsthedatamustbemanuallyextractedfromParadigmviaaSpreadsheet ServerReportingSystem(SSRS)andemailedtoCustomerServicewhereabillingsupervisormust manuallyreviewthedataanduploadittoNorthstarforbillingthecustomers. Datamustbemanuallyextractedandcompiledforthepurposesofreportingquarterlyandannuallyto ourregulatoryagencyTCEQ,orforreportingstatisticsandmeasuresforCityanddepartmental managementstaff. SOLUTIONANDRECOMMENDATIONS: StaffiscurrentlyworkingwithaconsultanttodevelopanRFPtoselectanewsoftwaresolutionthatwill meetthefunctionalneedsofourmodernoperation,allowsustocollectdatawithintegrity,integrate withotherCitysystemsviaAPIs,providestandardandadhocreportingcapabilities,improveour communicationswithinourownoperationaswellasthoseofotherCitydepartments,andallowfor processimprovementsthroughmodernsystemcapabilities. FUNDINGREQUIREMENTS: Fundingintheamountof$400,000isrequestedforthenewsoftware,whichincludesdesign,testing, andimplementation,plusoneyearofserviceandmaintenancebeyondtheinitialinstallation. DIVISIONPROGRAMPACKAGE SolidWasteDepartment RelocationandconstructionofNorthLakesRecyclingDropOff PROGRAMDESCRIPTION: ToimproverecyclingaccessibilityfortheĭźƷǤ͸ƭcitizens,theSolidWastedepartmentmaintainsthree recyclingdropoffsitesaroundtheCity. RELATIONSHIPTOSTRATEGICPLAN: KFA5,Goal5.2 ΑManage5ĻƓƷƚƓ͸ƭSolidWasteandRecyclinginaSustainableManner PerformanceMeasure ΑDecreasewastedisposalpercapitathroughmaterialdiversion CURRENTPRACTICES: ThecurrentrecyclingdropoffislocatedoffofWWindsorDr.andHinkleDr.Thereareapproximately20 recyclingcontainersonsite,andthesiteisservicedthreetimesperweek.Asidefromthissite,Solid Wastemaintainstwoadditionaldropofflocations,1527S.MayhillRd.and200W.CongressSt. CURRENTISSUES: ThecurrentsiteislocatedonpropertydesignatedforParksandwĻĭƩĻğƷźƚƓ͸ƭnewtennis facilities.Asaresult,thedropoffsitemustberelocatediftheCityintendstomaintainasite onthenorthsideofthecity.Additionally,thereareseveralproblemspresentattheexisting site:illegaldumping,windblownlitter,recyclingcontamination,andinadequate surveillance.Staffrecommendstheseissuesbeaddressedifthesiteisrelocated. SOLUTIONANDRECOMMENDATIONS: TheParksDepartmenthasidentifiedCityownedpropertyneartheDentonSoccerComplex onNBonnieBraeStthatmaybesuitableforthedropoffsite.Forasimplerelocationtothe newsite,staffrecommendsaconcretepad,gatedchainlinkfencing,windfencing,and securitycameras(approximatecostof$410,439). Withoutadditionalinvestment,staffexpectsillegaldumping,windblownlitter,and recyclingcontaminationtorecuratthenewlocation. DIVISIONPROGRAMPACKAGE SolidWaste&RecyclingΑCollections PROGRAMDESCRIPTION: FundingisrequestedforanadditionalRollOfftruckfortheSolidWaste&RecyclingDepartment.The additionaltruckwillallowthedepartmenttokeepupwithgrowthandconstructionprojectswithin theCityofDenton. RELATIONSHIPTOSTRATEGICPLAN: KFA2:Goal1.2Developahighperformanceorganization&Goal1.4Achievehighlevelofcustomer satisfaction. CURRENTPRACTICES: SolidWasteServicesisresponsibleforthecollection,disposalandrecyclingservicestothecitizens ofDenton,TX.OnadailybasisdriversaregivenscheduledandunscheduledRollOffaccountsto service.Withasteadyincreaseofdevelopment,ourRollOffspecificaccountsareincreasing.With thatbeingsaid,SolidWasteoperatorsaregivenmorecontainers. CURRENTISSUES: SolidWasteServicesdoesnothaveenoughrollofftrucksconsistentlyrunningtooperateefficiently. TheCityisgrowingatanincreasedrateandwithoutanotherrollofftruckthecitywillnotbeableto meetcustomerdemands.Driversarereceivingmoreserviceorders/requestsandarehavingtowork longerhoursthatresultsinovertimeandpotentiallydriverfatigueconcerns. SOLUTIONANDRECOMMENDATIONS: SolidWasteServicesisinneedoftherequestedRollOfftrucktoprovidecontainerservicestoour developingcommunity.Thedepartmentcurrentlyhasstaffavailabletooperateanadditionalfulltime RollOfftruck.Ourcombinedunitovertimegoalandourabilitytosupport5ĻƓƷƚƓ͸ƭGrowth& k. Developmentprojectwillbeproperlymanagedwiththeadditionoftherequestedtruc DIVISIONPROGRAMPACKAGE SolidWaste&RecyclingΑCollections RouteConsulting PROGRAMDESCRIPTION: Fundingisrequestedforrouteoptimization.Thedepartmentdesirestohireaconsultanttoaudit, evaluate,andredesignourexistingresidentialroutes.Ourendgoalwouldbetocreatebalancedfuel efficientroutes. RELATIONSHIPTOSTRATEGICPLAN: KFA2:Goal1.2Developahighperformanceorganization&Goal1.4Achievehighlevelofcustomer satisfaction. CURRENTPRACTICES: TheSolidWasteDepartmentprovidesonceperweekcurbsideresidentialgarbageandrecycling collectiontoallsinglefamilyhomeswiththeCityofDenton.SWOperatorsareassignedtoa specificareaofthecityeachdayoftheoftheweek. CURRENTISSUES: Thecurrentroutestructurecreatesmanyopportunitiesforimprovement.Severalroutesarenot conjoinedwhichresultsinoverlappedroutes,inefficienciesandservicesdelays.Forexample,basedon routedesign,operatorsarerequiredtotravelthroughotherroutestocontinuetheirassignedroute. SOLUTIONANDRECOMMENDATIONS: Allroutesareinneedofaudit.Theauditwouldconsistofobservingeachroutefromacosteffective perspective.Moreover,routeredundancy,travelingthroughotherroutes,andextendeddrivetimewill bereduced.Wewouldliketohireaprofessionalindustryrelatedcompanytoauditandrecommend routeimprovements. TOTAL TAX RATE City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1951,Version:1 AGENDA CAPTION Consultation with Attorneys - Texas Government Code Section 551.071. Discuss,deliberate,andreceiveinformationfromtheCity'sattorneysandprovidetheCity'sattorneyswith directionregardinglegalissuesassociatedwiththeproposedagreementsbetweentheCityandpotential contractorsfordeliveryofguaranteedtonnagetothelandfillwhereapublicdiscussionoftheselegalmatters wouldconflictwiththedutyoftheCity'sattorneystotheCityofDentonandtheDentonCityCouncilunder theTexasDisciplinaryRulesofProfessionalConductoftheStateBarofTexas,orwouldjeopardizetheCity's legal position in any administrative proceeding or potential litigation. City of DentonPage 1 of 1Printed on 8/16/2019 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1849,Version:1 AGENDA CAPTION Payroll Week City of DentonPage 1 of 1Printed on 8/16/2019 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1889,Version:1 AGENDA CAPTION International Overdose Awareness Day City of DentonPage 1 of 1Printed on 8/16/2019 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1922,Version:1 AGENDA CAPTION Special Citizens Bond Advisory Committee City of DentonPage 1 of 1Printed on 8/16/2019 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-685,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionoftheCityofDentonallowingtheDentonBlackChamberofCommerceto sellalcoholicbeveragesattheDentonBluesFestival,onSaturdaySeptember21,2019,from11:00a.m.to 11:00p.m.,andSunday,September22,2019,from10:00a.m.to10:00p.m.,attheQuakertownParkupon satisfyingcertainconditions;authorizingtheCityManager,orhisdesignee,toexecuteanagreementin conformity with this resolution; and providing for an effective date. City of DentonPage 1 of 1Printed on 8/16/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney St. Denton, Texas www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation ACM: Sara Hensley, Assistant City Manager DATE: August 20, 2019 SUBJECT Consider approval of a resolution of the City of Denton allowing the Denton Black Chamber of Commerce to sell alcoholic beverages at the Denton Blues Festival, on Saturday September 21, 2019, from 11:00 a.m. to 11:00 p.m., and Sunday, September 22, 2019, from 10:00 a.m. to 10:00 p.m., at the Quakertown Park upon satisfying certain conditions; authorizing the City Manager, or his designee, to execute an agreement in conformity with this resolution; and providing for an effective date. BACKGROUND st The 21 Annual Denton Blues Festival is organized by the Denton Black Chamber of Commerce, a nonprofit 501(c)3 organization, that serves to preserve the blues and further the reputation of Denton as a music entertainment destination. This event will be held at Quakertown Park on Friday, September 20, from 11 a.m. to 11 p.m., Saturday, September 21, from noon to 11 p.m., and Sunday, September 22, 2019, from 10 a.m. to 10 p.m. No alcohol will be sold on Friday, September 20, 2019. This free festival includes live music and performances, karaoke, children's activities, arts and crafts, and 20 booths. Event organizers anticipate 10,000 in attendance. The Denton Black Chamber of Commerce is requesting permission to sell beer and wine for the Denton Blues Festival. The Denton Black Chamber of Commerce will be responsible for rental of the booth space, obtaining the temporary license for selling alcohol, securing the temporary permit for selling alcohol, and providing comprehensive liability insurance in the amount of $1,000,000. In addition, the Denton Black Chamber of Commerce agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Denton Blues Festival. The Denton Blues Festival will have police security at the event. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW On Aug. 8, 2018, the Parks, Recreation and Beautification Board recommended approval 4-0 for the Denton Black Chamber of Commerce to sell alcoholic beverages; and on Aug. 21, 2018, the City Council approved to allow the Denton Black Chamber of Commerce to sell alcoholic beverages at the Denton Blues Festival under resolution 18-1280. On April 1, 2019, the Parks, Recreation and Beautification Board recommended approval (7-0) allowing the Denton Black Chamber of Commerce to sell alcoholic beverages for the Denton Blues Festival. FISCAL N/A EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution Respectfully submitted: Gary Packan Director, Parks and Recreation Prepared by: Jennifer Eusse Special Events Supervisor City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1850,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDentonapprovingaCityco-sponsorshipinanamountnotto exceed$19,352ofin-kindservicesandresourcesfortheDentonBluesFestival,whichwillbeheldonFriday, September20,2019,from11:00a.m.to11:00p.m.,Saturday,September21,2019,from12:00p.m.to11:00 p.m.,andSunday,September22,2019,from10:00a.m.to10:00p.m.,attheQuakertownPark;andproviding an effective date. City of DentonPage 1 of 1Printed on 8/16/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com ____________________________________________________________________________________ _ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation ACM: Sara Hensley, Assistant City Manager DATE: August 20, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton approving a City co-sponsorship in an amount not to exceed $19,352of in-kind services and resources for the Denton Blues Festival, which will be held on Friday, September 20, 2019, from 11:00 a.m. to 11:00 p.m., Saturday, September 21, 2019, from 12:00 p.m. to 11:00 p.m., and Sunday, September 22, 2019, from 10:00 a.m. to 10:00 p.m., at the Quakertown Park; and providing an effective date. BACKGROUND st The 21 Annual Denton Blues Festival is organized by the Denton Black Chamber of Commerce, a nonprofit 501(c)3 organization that serves to preserve the blues and further the reputation of Denton as a music entertainment destination. This event will be held at Quakertown Park on Friday, September 20, from 11:00 a.m. to 11:00 p.m., Saturday, September 21, from 12:00 p.m. to 11:00 p.m., and Sunday, September 22, 2019, from 10:00 a.m. to 10:00 p.m. This free festival will includelive music and performances, karaoke, children's activities, arts and crafts, and 20 booths. Event organizers anticipate 10,000 in attendance. The Denton Black Chamber of Commerce is requesting the City of Denton participate as a co-sponsor for in-kind services and resources for staff, equipment, facilities, security, park maintenance support, and use of Quakertown Park. In exchange for the support, the City of Denton will be considered an event co- sponsor at a level equal to the value of fees waived. RECOMMENDATION Staff recommends approval PRIOR ACTION/REVIEW (Council, Boards, Commissions) On August 21, 2018, City Council authorized a co-sponsorship not to exceed $16,150 under ordinance 18-1282. FISCAL INFORMATION The following fees represent the value of in-kind services, personnel, equipment, and resources not to exceed $19,352. Parks and Recreation Department $7,000Value based on the rental fees for Quakertown Park. $1,245Value based onthe cost of supplies and equipment needed to provide in-kind services. $2,489 Value based on 2018 actual expenses for regular and overtime personnel hours. Police Department $7,312Value based on 2018 actual expenses for regular and overtime personnel hours. Denton Municipal Electric $765Value based on the estimated cost ofa truck, fuel, generator, and personnelhours. Including this event, the City Council will have authorized a total of $283,152 in co-sponsorship support for twelve community events in the current fiscal year. A provision added to the Co-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 co- 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 Exhibit 3 Co-Sponsorship Approval Letter Respectfully submitted: Gary Packan Parks and Recreation Director Prepared by: Jennifer Eusse Special Event Supervisor IN-KIND SUPPORT PERSONNEL HOURS | Based on 2018 Actuals and Estimates Parks and RecActual Event Hours TOTAL HOURS Time CodeRegularRegularOvertime Park Maintenance81.5040121.50 Total Parks and Rec Hours121.50 Police Dept.Actual Event Hours TOTAL HOURS Time CodeRegularOvertime Police Officers124124 Total Police Hours124.00 DMEActual Event Hours TOTAL HOURS Time CodeRegularOvertime Sr. Lineman44 Lineman44 Total DME Hours8.00 ALL PERSONNEL EXPENSES | Based on 2018 Actuals and Estimates Parks and RecActual Event Expenses TOTAL Time CodeRegularRegularOvertime Park Maintenance$1,569.00$920.00$2,489.00 Total Personnel Expenses$2,489.00 Police Dept.Actual Event Expenses TOTAL Time CodeRegular Overtime Police Officers$7,312.10$7,312.10 Total Personnel Expenses$7,312.10 DMEActual Event Expenses TOTAL Time CodeRegular Overtime Lineman$160$160 Sr. Lineman$179$179 Total Personnel Expenses$338.28 PARKS AND REC FACILITY RENTALS | Based on Fee Ordinance Rental Fees Hourly RateHoursTOTAL Quakertown Park$20035$7,000.00 Total Fees Waived$7,000.00 PARKS AND REC EQUIPMENT | Equipment and Supplies Supply Descriptions Hourly Rate HoursTOTAL 1 Ton Truck$26.005$130.00 3/4 Ton Truck$18.0012$216.00 55 Gal. Refuse Bags$45.0010$450.00 15 Yd Dumpster$394.70 Tractor$18.003$54.00 Total Supply Expenses$1,244.70 DME | Equipment and Supplies Supply DescriptionsHourly RateHoursTOTAL 1.5 Ton Utility Truck$271$26.75 120 KW Generator Trailer$508$400.00 Total Supply Expenses$426.75 Total City Co-sponsorship$18,810.83 City of Denton Parks and Recreation Department 601 E. Hickory St., Suite B, Denton, TX 76201 (940) 349-7275 August 20, 2019 John Baines Event Coordinator Denton Blues Festival Dear Mr. Baines: On August 20, 2019, your co-sponsorship request was approved by City Council in an amount not to exceed $19,352 of in-kind services and resources provided by the City of Denton for the Denton Blues Festival which will be held on Friday, September 20, from 11:00 a.m. to 11:00 p.m., Saturday, September 21, from 12:00 p.m. to 11:00 p.m., and Sunday, September 22, 2019, from 10:00 a.m. to 10:00 p.m., at Quakertown Park, conditioned upon your compliance with the conditions set forth below. The City of Denton is proud to be a co-sponsor in of support to the festival as outlined below. As part of the approval process, City Council may request to see a report of revenues and expenses for the 2019 Denton Blues Festival included in future requests. The following is a summary of in-kind support and the co-sponsorship role assumed by the City of Denton andthe Denton Black Chamber of Commerce. City of Denton Parks and Recreation and Police Departments and Denton Municipal Electric Parks and Recreation Department $7,000 Value based on the rental fees for Quakertown Park. $1,245 Value based on the cost of supplies and equipment needed to provide in-kind services. $2,489 Value based on 2018 actual expenses for regular and overtime personnel hours. Police Department $7,312 Value based on 2018 actual expenses for regular and overtime personnel hours. Denton Municipal Electric $765 Value based on the estimated cost of a truck, fuel, generator, and personnel hours. OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 In consideration of the above support, the Denton Black Chamber of Commerce (hereby after also referred to as “Event organizers”) agrees to the following conditions: 1. Event organizers will provide all planning, management, and organization for the event. 2. Event organizers will submit a completed Special Event Permit Application with a layout of the vendor locations, public safety plan, site map, litter, recycling agreement, and schedule of events to the City’s Special Events Supervisor prior to the event. 3. Event organizers are responsible for securing all permits, licenses, insurance, and approvals necessary to hostthe event as stated in permit applications. The Special Events Supervisor will provide information to help facilitate these processes if needed. 4. Event organizers assume all liability whatsoever in connection with the Denton Blues Festival, including but not limited to any damages to City property, whatever the cause, while hosting this event, and agrees to reimburse the City for reparations within thirty (30) calendar days of receipt of a notice/invoice. 5. Event organizers 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 Dentonparks are free from litter resulting from the event. 6. Event organizers will charge and collect allpark vendor fees consistent with the City of Denton Parks and Recreation Schedule of Fees Ordinance and remit these fees within five working days after the event. 7. Event organizers and vendors are responsible for their own set-up and take-down, including tents, lighting, etc., before and after the event. The City will not provide labor for vendors. 8. The City of Denton will be recognized as a co-sponsor at the appropriate level in promotional and advertising materials. Use of the 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 Denton Blues Festival and its continued success. Sincerely, Jennifer Eusse, Special Events Supervisor I hereby state that I am a duly authorized representative with the power to agree to the foregoing conditions required for a City of Denton co-sponsorship and hereby do agree to the conditions. ____________________________________ __________________________ John Baines, Event Coordinator Date Denton Blues Festival 2 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1851,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDentongrantingtheDentonBlackChamberofCommercea noiseexceptionpursuanttoSection17-20oftheCityofDentonCodeofOrdinances,withrespecttosound levelsandhoursofoperationfortheDentonBluesFestival,whichwillbeheldonFriday,September20,2019 from11:00a.m.to11:00p.m.,Saturday,September21,2019from12:00p.m.to11:00p.m.,andSunday, September22,2019,from10:00a.m.to10:00p.m.,attheQuakertownPark;grantinganincreaseinsound levelsandavarianceinthehoursofoperationonsaiddatesforFridayfrom11:00a.m.to11:00p.m.,Saturday from12:00p.m.to11:00p.m.,andSundayfrom10:00a.m.to10:00p.m.,withsoundnottoexceed70 decibels; and providing an effective date. City of DentonPage 1 of 1Printed on 8/16/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney St. Denton, Texas www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation ACM: Sara Hensley, Assistant City Manager DATE: August 20, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton granting the Denton Black Chamber of Commerce a noise exception pursuant to Section 17-20 of the City of Denton Code of Ordinances, with respect to sound levels and hours of operation for the Denton Blues Festival, which will be held on Friday, September 20, 2019 from 11:00 a.m. to 11:00 p.m., Saturday, September 21, 2019 from 12:00 p.m. to 11:00 p.m., and Sunday, September 22, 2019, from 10:00 a.m. to 10:00 p.m., at the Quakertown Park; granting an increase in sound levels and a variance in the hours of operation on said dates for Friday from 11:00 a.m. to 11:00 p.m., Saturday from 12:00 p.m. to 11:00 p.m., and Sunday from 10:00 a.m. to 10:00 p.m., with sound not to exceed 70 decibels; and providing an effective date. BACKGROUND John Baines, Treasurer of the Denton Black Chamber of Commerce, requests an exception to the noise ordinance in sound levels from 65 to 70 dba on Sunday, September 22, 2019, from 11:00 a.m. to 10:00 p.m. and a variance in hours of operation for amplified sound levels on Friday, September 20, from 11:00 a.m. to 11:00 p.m., Saturday, September 21, from 12:00 p.m. to 11:00 p.m., and Sunday, September 22, 2019, from 10:00 a.m. to 10:00 p.m., at the Quakertown Park. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW On August 21, 2018, City Council approved an exception to the noise ordinance for the Denton Black Chamber of Commerce under Ordinance 18-1281. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Respectfully submitted: Gary Packan Director, Parks and Recreation Prepared by: Jennifer Eusse Special Event Supervisor City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1894,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theapprovalofafirstamendmenttoaProfessionalServicesAgreementbetweentheCityofDentonand DannenbaumEngineeringCompany-Dallas,LLC,amendingthecontractapprovedbyCityCouncilonJune5, 2018,inthenot-to-exceedamountof$183,839.97;saidfirstamendmenttoprovideProfessionalEngineering Servicesforthe2018DentonSidewalksProjectintheamountof$135,715.59;providingfortheexpenditureof fundstherefor;andprovidinganeffectivedate(RFQ6590-007-providingforanadditionalfirstamendment expenditure amount not-to-exceed $135,715.59, for a total contract amount not-to-exceed $319,555.56). City of DentonPage 1 of 1Printed on 8/16/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: August 20, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a Professional Services Agreement between the City of Denton and Dannenbaum Engineering Company Dallas, LLC, amending the contract approved by City Council on June 5, 2018, in the not-to-exceed amount of $183,839.97; said first amendment to provide Professional Engineering Services for the 2018 Denton Sidewalks Project in the amount of $135,715.59; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-007 - providing for an additional first amendment expenditure amount not-to-exceed $135,715.59, for a total contract amount not-to-exceed $319,555.56). RFQ INFORMATION /BACKGROUND The 2018 Sidewalk Improvements Project was funded as part of the 2014 General Bond Election Program. For this project, eighteen (18) sidewalk segments were chosen around the city. School areas, including universities, were chosen as the second-highest priority for identifying new sidewalk projects, second only to ADA required projects. Other priorities that factored into the list include pedestrian safety, high pedestrian activity centers, visible footpaths along streets, and missing links or gaps in the existing sidewalk infrastructure. During the design phase, it was discovered that three different sidewalk improvements locations triggered the need for creek crossings. Upon analyzing a few alternatives at these crossings, a decision was made to use a bump-out approach onto the streets at two creek crossing locations (Bell Avenue & Nottingham Drive) and the use of a prefabricated pedestrian bridge installation was recommended at the McKinney Street creek crossing (Pecan Creek). The latter triggers abutments/pier foundations, thus a geotechnical recommendation must be sought. Additionally, in order to accomplish and maintain ADA requirements, most driveways will need to be reconstructed, prompting the need for temporary construction easements (TCEs). Contract Amendment No.1 is required for additional services to include but not limited to the following: 1. Topographic Survey: a. The addition of field survey for 300 linear feet of Bell Street on the west side. b. Preparation of 18 Right-of-Way documents including monumentations and 80 temporary construction easement documents (TCEs) including field staking. 2. Engineering and Design Services a. General Project Management b. Existing Pedestrian Bridge inspection (County yard bridges) c. Structural design 3. Geotechnical Engineering a. Geotechnical exploration and report. 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). On June 5, 2018, City Council approved a Professional Engineering Services Agreement with Dannenbaum Engineering Company Dallas, LLC in the not-to-exceed amount of $183,839.97 (Ordinance 18-829) RECOMMENDATION Award a First Amendment with Dannenbaum Engineering Company Dallas, LLC, for Professional Engineering Services for the 2018 Denton Sidewalks Project in the amount of $135,715.59, for a total contract amount not-to-exceed $319,555.56. PRINCIPAL PLACE OF BUSINESS Dannenbaum Engineering Company Dallas, LLC Dallas, TX ESTIMATED SCHEDULE OF PROJECT The design will be completed in August 2019, with acquisitions estimating to be complete in December 2019. FISCAL INFORMATION These services will be funded from traffic account 360161467.1360.21100 in the amount of $135,715.59. Purchase Order #185833 will be revised in the amount of $135,715.59 to include the first amendment upon approval. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Original Ordinance and Contract Exhibit 3: Project Map Exhibit 4: LLC Members Exhibit 5: Ordinance and Amendment Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Robin Davis at 940-349-7713. Legal point of contact: Mack Reinwand at 940-349-8333. DocuSign Envelope ID: 4F4ECAD1-BE66-4B27-A262-2D801FAA6139 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ /ƚƓƷƩğĭƷ ğƌǒĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ hƩķźƓğƓĭĻ DocuSign Envelope ID: 4F4ECAD1-BE66-4B27-A262-2D801FAA6139 PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER FILE 6590-007 THIS AGREEMENT is made and entered into on ____________________________, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East Dannenbaum Engineering Company Dallas LLC, with its corporate office at 3030 LBJ Freeway, Suite 910, Dallas, Texas, 75234 hereinafter ing herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section 5, in connection with the Project. The Project shall include, without limitation, engineering services for the design/construction plan set of sidewalks for nineteen locations in the City of Denton outlined in the table in Exhibit A. SECTION 2 COMPENSATION The Owner shall compensate the Design Professional $183,839.97 as follows: 2.1 BASIC SERVICES 2.1.1 For Basic Services the total compensation shall be $86,719.27. 2.1.2 Progress payments for Basic Services shall be paid per the following satisfactorily completed tasks as referenced in Exhibit B. 2.2 SPECIAL SERVICES 2.2.1Compensation for Special Services to be paid in the amount of $95,962.50. 2.3 DIRECT EXPENSES Direct Expenses shall be the expenses incurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $1158.20 without the prior written approval of the Owner. Page 1 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$00f7618dea33$8FBE1E2EEB97489C915E4F484C3A7A7E.doc DocuSign Envelope ID: 4F4ECAD1-BE66-4B27-A262-2D801FAA6139 SECTION 3 INVOICES Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract administrator as identified in the Notice to Proceed. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. SECTION 4 Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 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 website within seven business days. Page 2 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$00f7618dea33$8FBE1E2EEB97489C915E4F484C3A7A7E.doc DocuSign Envelope ID: 4F4ECAD1-BE66-4B27-A262-2D801FAA6139 SECTION 5 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: 1. City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. The Design Pro 3. Exhibits A through B. The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. This Agreement is signed by the parties hereto effective as of the date first above written. CITY OF DENTON BY:__________________________ TODD HILEMAN CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: __________________________________ DESIGN FIRM BY:__________________________ tive (Signature) ______________________________ TEXAS ETHICS COMMISSION CERTIFICATE NUMBER Page 3 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$00f7618dea33$8FBE1E2EEB97489C915E4F484C3A7A7E.doc DocuSign Envelope ID: 4F4ECAD1-BE66-4B27-A262-2D801FAA6139 CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES 1.1 General Conditions are attached) performed by the Architect or Engineer ( 1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely essary for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED scribed in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subsection 5.2.1. 2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project. 2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. 2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 CONSTRUCTION CONTRACT PROCUREMENT 2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole discretion of the Owner. Page 4 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$00f7618dea33$8FBE1E2EEB97489C915E4F484C3A7A7E.doc DocuSign Envelope ID: 4F4ECAD1-BE66-4B27-A262-2D801FAA6139 2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionals the administration shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement. 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument. 2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis- sions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. 2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional 's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents cor- rectable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. Page 5 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$00f7618dea33$8FBE1E2EEB97489C915E4F484C3A7A7E.doc DocuSign Envelope ID: 4F4ECAD1-BE66-4B27-A262-2D801FAA6139 2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. 2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed by the Owner and Design Professional. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto. Page 6 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$00f7618dea33$8FBE1E2EEB97489C915E4F484C3A7A7E.doc DocuSign Envelope ID: 4F4ECAD1-BE66-4B27-A262-2D801FAA6139 3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of t 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.4 Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.9 Providing analyses of operating and maintenance costs. 3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction. 3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con- struction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Professional. 3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The 3.4.18. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci- fically described in Subsection 2.2.1. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and Page 7 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$00f7618dea33$8FBE1E2EEB97489C915E4F484C3A7A7E.doc DocuSign Envelope ID: 4F4ECAD1-BE66-4B27-A262-2D801FAA6139 structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and re- sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services. 4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFINED 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con- tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such do Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that project 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Design Professional's reserved rights. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT Page 8 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$00f7618dea33$8FBE1E2EEB97489C915E4F484C3A7A7E.doc DocuSign Envelope ID: 4F4ECAD1-BE66-4B27-A262-2D801FAA6139 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediate notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services. 7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non- performance and cause for termination. 7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement. 7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to termination. ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL 8.1 DIRECT PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses. 8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and other documents. 8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 8.2.1.5 Expense of computer-aided design and drafting equipment time when used in connection with the Project. 8.2.1.6 Other expenses that are approved in advance in writing by the Owner. 8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work. 8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement. 8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred. 8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, damages or other sums withheld from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible. 8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and Page 9 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$00f7618dea33$8FBE1E2EEB97489C915E4F484C3A7A7E.doc DocuSign Envelope ID: 4F4ECAD1-BE66-4B27-A262-2D801FAA6139 copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is later. ARTICLE 9 INDEMNITY 9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreement. 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the par both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate. 10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. 10.3 not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or onal shall, prior to the effective date of the change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without the written consent of the Owner. 11.3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given priority in the following order: 1. The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs of the exterofessional materials. The Design Professional's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project. 11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. 11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. Page 10 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$00f7618dea33$8FBE1E2EEB97489C915E4F484C3A7A7E.doc DocuSign Envelope ID: 4F4ECAD1-BE66-4B27-A262-2D801FAA6139 11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended during the term of this Agreement. 11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement. Page 11 C:\\ProgramData\\activePDF\\Temp\\DocConverter\\API\\Input\\$00f7618dea33$8FBE1E2EEB97489C915E4F484C3A7A7E.doc DocuSign Envelope ID: 4F4ECAD1-BE66-4B27-A262-2D801FAA6139 DocuSign Envelope ID: 4F4ECAD1-BE66-4B27-A262-2D801FAA6139 DocuSign Envelope ID: 4F4ECAD1-BE66-4B27-A262-2D801FAA6139 DocuSign Envelope ID: 4F4ECAD1-BE66-4B27-A262-2D801FAA6139 Exhibit House Bill 89 - Government Code 2270 VERIFICATION I, _______________________________________________, the undersigned representative of ______________________________Company or Business name (hereafter referred to as company), being an adult over the age of eighteen (18) years of age, verify that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1.Does not boycott Israel currently; and 2.Will not boycott Israel during the term of the contract the above-named Company, business or individual with City of Denton. Pursuant to Section 2270.001, Texas Government Code: 1.ÐBoycott IsraelÑ means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2.ÐCompanyÑ means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. ___________________________________ Name of Company Representative (Print) ________________________________ Signature of Company Representative _________________________________ Date DocuSign Envelope ID: 4F4ECAD1-BE66-4B27-A262-2D801FAA6139 Exhibit Senate Bill 252 -Government Code 2252 CERTIFICATION I, ______________________________________________, the undersigned representative of ________________________________________________ (Company or business name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of DentonÓs Materials Management Department. ___________________________________ Name of Company Representative (Print) ________________________________ Signature of Company Representative _________________________________ Date Certificate Of Completion Envelope Id: 4F4ECAD1BE664B27A2622D801FAA6139Status: Completed Subject: City Council Docusign Item - 6590-007 Dannenbaum - Sidewalk Improvements Source Envelope: Document Pages: 24Signatures: 6Envelope Originator: Certificate Pages: 6Initials: 0Jamie 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 5/7/2018 3:54:50 PM Jamie.Cogdell@cityofdenton.com Signer EventsSignatureTimestamp Jamie CogdellSent: 5/7/2018 4:00:21 PM Completed jamie.cogdell@cityofdenton.comViewed: 5/7/2018 4:00:30 PM Senior BuyerSigned: 5/7/2018 4:02:05 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 Danny EverettSent: 5/7/2018 4:02:08 PM danny.everett@dannenbaum.comResent: 5/10/2018 9:24:20 AM Dannenbaum Engineering Company-Dallas,LLCViewed: 5/8/2018 10:00:59 AM Security Level: Email, Account Authentication Signed: 5/10/2018 10:14:25 AM Using IP Address: 69.174.28.34 (None) Electronic Record and Signature Disclosure: Accepted: 5/8/2018 10:00:59 AM ID: c7d4adec-fbec-4d76-8cb9-395d7aea890d Larry CollisterSent: 5/10/2018 10:14:29 AM Larry.Collister@cityofdenton.comResent: 5/11/2018 11:22:38 AM First Assistant City AttorneyResent: 5/22/2018 3:37:03 PM City of DentonResent: 5/24/2018 12:54:44 PM Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication Viewed: 5/24/2018 1:44:57 PM (None) Signed: 5/24/2018 1:45:01 PM Electronic Record and Signature Disclosure: Accepted: 9/26/2017 2:27:28 PM ID: 01f5f868-f109-4e29-ad49-21db9046c882 Tabitha MillsopSent: 5/24/2018 1:45:03 PM Completed tabitha.millsop@cityofdenton.comViewed: 6/6/2018 3:21:51 PM City of DentonSigned: 6/6/2018 3:23:17 PM Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer EventsSignatureTimestamp Todd HilemanSent: 6/6/2018 3:23:20 PM todd.hileman@cityofdenton.comViewed: 6/6/2018 5:21:41 PM City ManagerSigned: 6/6/2018 5:21:58 PM City of Denton Using IP Address: 129.120.6.150 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 Jennifer WaltersSent: 6/6/2018 5:22:00 PM jennifer.walters@cityofdenton.comViewed: 6/7/2018 9:11:08 AM City SecretarySigned: 6/7/2018 9:11:52 AM City of Denton Using IP Address: 129.120.6.150 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: 5/10/2018 10:14:28 AM sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane RichardsonSent: 6/6/2018 3:23:19 PM jane.richardson@cityofdenton.comViewed: 6/6/2018 3:23:53 PM Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer BridgesSent: 6/7/2018 9:11:54 AM jennifer.bridges@cityofdenton.comViewed: 6/7/2018 3:43:01 PM Procurement Assistant City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy EventsStatusTimestamp Jane RichardsonSent: 6/7/2018 9:11:55 AM jane.richardson@cityofdenton.comViewed: 6/7/2018 10:28:16 AM Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Pritam DeshmukhSent: 6/7/2018 9:11:56 AM pritam.deshmukh@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted6/7/2018 9:11:56 AM Certified DeliveredSecurity Checked6/7/2018 9:11:56 AM Signing CompleteSecurity Checked6/7/2018 9:11:56 AM CompletedSecurity Checked6/7/2018 9:11:56 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. tƩƚƆĻĭƷ \[źƒźƷƭ: WA #5 Denton 2018 Sidewalks 1. Ћ ЊЊ ЊЉ ЊЍ ЊЌ Ѝ ЊЋ Ў Њ Б В А Ќ Џ tƩƚƆĻĭƷ ϔ \[źƒźƷƭ \[ĻƓŭƷŷ źƓ CĻĻƷ 1 Austin Street (from McKinney Street to Oak Street) 340 2 Bell Avenue (from north Driftwood Trail across Drainage Channel) 110 3 Bernard Street (from Parvin Street to Willowwood Street) 2,000 4 Egan Street (from Malone Street to Bryan Street) 250 5 Frame Street (from McKinney Street to Paisley Street) 1,400 6 Londonderry Lane (from Teasley Lane to Westminster Street) 780 7 Loop 288 (from DCTA Rail Line to Brinker Road) 1620 8 McKinney Street - North (from Bell Place to Frame Street) 750 9 aĭYźƓƓĻǤ {ƷƩĻĻƷ Α {ƚǒƷŷ ΛŅƩƚƒ .Ļƌƌ !ǝĻ͵ Ή ww !ǝĻƓǒĻ Ʒƚ 5ĻƓƷƚƓ /ƚǒƓƷǤ /ƚǒƩƷŷƚǒƭĻΜ 1650 10 Nottingham Drive (from East University Drive to Churchill Drive) 3050 11 Old North Road (from East University Drive to W Windsor Drive) 2800 12 West Parkway Street (from N. Elm Street to Locust Street) 320 13 W. University Drive (west of Boyd Street to west of Nottingham Drive) 1420 14 W. University Drive (east of Nottingham Drive to Old North Road) 900 DocuSign Envelope ID: 3C6D1A95-1104-41A7-AB43-2BF3C58BFA3D 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ hƩķźƓğƓĭĻ DocuSign Envelope ID: 3C6D1A95-1104-41A7-AB43-2BF3C58BFA3D THE STATE OF TEXAS § § COUNTY OF DENTON § FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND DANNENBAUM ENGINEERING COMPANY DALLAS, LLC CONTRACT NO. 6590-007 THIS FIRST AMENDMENT TO CONTRACT 6590-007 (this by and between Dannenbaum Engineering Company Dallas, LLC Consultant to that certain contract executed on June 5, 2018, in the original not-to-exceed amount of $183,839.97 the design of 2018 Sidewalks for nineteen locations in the City of Denton; WHEREAS, the City deems it necessary to further expand the services provided by Consultant to the City pursuant to the terms of the Agreement, and to provide an additional not-to-exceed amount $135,715.59 with this Amendment for an aggregate not-to-exceed of $319,555.56 WHEREAS, the City deems it necessary to further expand the goods/services provided by Consultant to the City; NOW THEREFORE, the City and Consultant (hereafter collectively referred to as the good and valuable considerations, do hereby AGREE to the following Amendment, which amends the following terms and conditions of the said Agreement, to wit: 1. hereto and incorporated herein for all purposes, for professional services related to the 2018 Sidewalks, are hereby authorized to be performed by Consultant. For and in consideration of the additional services to be performed by Consultant, the A this Amendment, a total fee, including reimbursement for non-labor expenses an amount not to exceed $135,715.59 2. This Amendment modifies the Agreement amount to provide an additional $135,715.59 for the additional services with a revised aggregate not-to-exceed total of $319,555.56 The Parties hereto agree, that except as specifically provided for by this Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set forth in the Agreement remain in full force and effect. IN WITNESS WHEREOF, the City and the Consultant, have each executed this Amendment, by and through their respective duly authorized representatives and officers on this date_______________________________________. 1 DocuSign Envelope ID: 3C6D1A95-1104-41A7-AB43-2BF3C58BFA3D CONSULTANT CITY OF DENTON, TEXAS DANNENBAUM ENGINEERING A Texas Municipal Corporation COMPANY DALLAS, LLC By: By: _________________________________ ______________________________ TODD HILEMAN AUTHORIZED SIGNATURE, TITLE CITY MANAGER APPROVED AS TO LEGAL FORM: ATTEST: AARON LEAL, CITY ATTORNEY ROSA RIOS, CITY SECRETARY By: By: ________________________________ ________________________________ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT 2 DocuSign Envelope ID: 3C6D1A95-1104-41A7-AB43-2BF3C58BFA3D C A P I T A L P R O J E C T S ExhibitA Amendment/Change Order Information Dannenbaum Eng. Vendor: PO# 185833 File #6590-007 Amount Original Amount $183,839.97 $135,715.59 Requested New Total Requested on $319,555.56 7/12/2019 PUB Date CC Date N/A August, 2019 CMA 360161467 Streets/Traffic G.O. - USE Account Number (s) Requested By Robin Davis 921707250 Traffic Safety Fund 921708250 Traffic Safety Fund Project Name Phase/Section 2018 Sidewalk Improvements Brief Description: Amendment #1 to include: ROW & Temporary Construction Easement Documents where necessary along all project sidewalk locations, field staking and TOPO survey West side of Bell Street. Design of a pedestrian bridge along the south side of McKinney Street sidewalk location between Frame St. and N. Bradshaw St. Investigation and preparation of Geotechnical report for pedestrian bridge More detailed description of these additions attached in Exhibit A Brief Description of prior Amendment(s)/Change Order(s): N/A Approved by: ___________________________________________ Date: _______________ Todd Estes or Pritam Deshmukh DocuSign Envelope ID: 3C6D1A95-1104-41A7-AB43-2BF3C58BFA3D DANNENBAUM ENGINEERING CORPORATION 3030 LBJ Freeway, Suite 910 Dallas, Texas 75234 Memo 972 239 2002 ƚʹ Giancarlo Patino //ʹ CƩƚƒʹDanny Everett, P.E. 5ğƷĻʹ 4/12/2019 wĻʹ Denton Sidewalks Projects Amendment #1 Giancarlo, Included with this memo is the submittal for the Amendment #1 for the sidewalk projects Dannenbaum has with the City of Denton. I have included the scope, fee and schedule for approval. The schedule I prepared anticipates a notice-to-proceed (NTP) of May 1, 2019. However, field and design work has already commenced at the direction of the City in an effort to expedite the completion. The geotechnical investigation and report are complete and some items in the amended design are underway as indicated in line 10 of the schedule. We anticipate finalizing the design and submitting to the City for review about the time of the anticipated NTP. Upon completion of the review with the City we can finalize the bid package and prepare for advertisement. There will be approximately six to eight sections that are ready to construct. The remaining sections will require additional ROW or easements. The amendment includes the preparation of these ROW and easement documents that the City will need to acquire as we finalize design and move through the bid phase. As discussed we will be preparing a Unit Cost Bid in that we will seek bids that will lock the unit costs for each item for a specified time. The contractor can begin construction on those segments that are clear and then we can release subsequent segments as the necessary ROW/easement documents are obtained. Sincerely, Daniel W. Everett, P.E. DocuSign Envelope ID: 3C6D1A95-1104-41A7-AB43-2BF3C58BFA3D EXHIBIT A SERVICES TO BE PROVIDED BY THE ENGINEER FOR THE CITY OF DENTON, TEXAS SIDEWALK IMPROVEMENTS AMENDMENT #1 The following is the scope of services presented by Dannenbaum Engineering Company Dallas, LLC (Engineer) to the City of Denton (City) amending the original scope of services for the survey and design of sidewalk sections. General Project Understanding The Engineer will be provide engineering services for the design/construction plan set of sidewalks in various locations in the City of Denton. Engineering services will consist of design survey for the areas listed above and the construction plan set required for the sidewalks to be constructed. SCOPE OF ENGINEERING SERVICES I.Topographic Survey Survey will follow original scope and add the following items: a. Additional topographic survey for 300 LF of Bell Street on the west side. b. 80 easement documents including field staking. c. 18 ROW documents including monumentation. Abstracting research services will be included but no title report will be issued. II.Engineering and Design Services will follow original scope and add/amend the following items: a. General Project Management b. Coordination with: i. City of Denton (Freese and Nichols) ii. Spooner and Associates iii. Adams Engineering iv. Denton Parks for Tree Removal and Replacement v. Denton Municipal Electric c. Existing pedestrian bridge inspection d. Horizontal design adjustments e. Sidewalk grate details for drainage f. Structural details for paving bumpout design g. Austin Street/Oak Street Exhibits h. Unit cost bid plan set III.Geotechnical Engineering a. Geotechnical field exploration and drilling b. Laboratory Testing including: i. Moisture Content Tests ii. Atterberg Limits Tests iii. Gradation Analysis, Washed Sleeve iv. Unconfined Compression Tests c. Geotechnical Report DocuSign Envelope ID: 3C6D1A95-1104-41A7-AB43-2BF3C58BFA3D Certificate Of Completion Envelope Id: 3C6D1A95110441A7AB432BF3C58BFA3DStatus: Sent Subject: Please DocuSign: City Council Contract 6590-007 Amendment 1 2018 Sidewalks Source Envelope: Document Pages: 12Signatures: 3Envelope Originator: Certificate Pages: 6Initials: 1Lori Hewell AutoNav: Enabled901B Texas Street EnvelopeId Stamping: EnabledDenton, TX 76209 Time Zone: (UTC-06:00) Central Time (US & Canada)lori.hewell@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: OriginalHolder: Lori HewellLocation: DocuSign 7/17/2019 9:35:15 AM lori.hewell@cityofdenton.com Signer EventsSignatureTimestamp Lori HewellSent: 7/17/2019 9:41:43 AM Completed lori.hewell@cityofdenton.comViewed: 7/17/2019 9:41:52 AM Purchasing ManagerSigned: 7/17/2019 9:42:42 AM 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: 7/17/2019 9:42:44 AM lori.hewell@cityofdenton.comViewed: 7/17/2019 9:43:27 AM Purchasing ManagerSigned: 7/17/2019 9:43:42 AM 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: 7/17/2019 9:43:44 AM mack.reinwand@cityofdenton.comResent: 7/17/2019 2:16:01 PM City of DentonResent: 7/30/2019 10:33:04 AM Security Level: Email, Account Authentication Resent: 7/31/2019 5:42:22 PM Signature Adoption: Pre-selected Style (None) Viewed: 8/2/2019 10:11:49 AM Using IP Address: 129.120.6.150 Signed: 8/2/2019 10:18:03 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Danny EverettSent: 8/2/2019 10:18:05 AM danny.everett@dannenbaum.comViewed: 8/2/2019 10:24:47 AM Dannenbaum Engineering Company-Dallas,LLCSigned: 8/2/2019 10:25:10 AM Security Level: Email, Account Authentication Signature Adoption: Drawn on Device (None) Using IP Address: 69.174.28.34 Electronic Record and Signature Disclosure: Accepted: 5/23/2018 7:52:07 AM ID: 7e37ff2d-440b-4563-af7f-c70f2c77ac77 Signer EventsSignatureTimestamp Todd EstesSent: 8/2/2019 10:25:12 AM todd.estes@cityofdenton.comViewed: 8/2/2019 2:32:46 PM City EngineerSigned: 8/2/2019 2:33:57 PM Capital Projects Signature Adoption: Drawn on Device Security Level: Email, Account Authentication Using IP Address: 129.120.6.150 (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Cheyenne DefeeSent: 8/2/2019 2:34:01 PM cheyenne.defee@cityofdenton.com Contract Administrator 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 Rosa Rios rosa.rios@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 Cheyenne DefeeSent: 7/17/2019 9:42:43 AM cheyenne.defee@cityofdenton.comViewed: 7/17/2019 9:43:19 AM Paralegal City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri ThurmanSent: 7/17/2019 9:42:43 AM sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Carbon Copy EventsStatusTimestamp Not Offered via DocuSign Stephanie NealSent: 7/17/2019 2:16:01 PM Stephanie.Neal@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 Annie Bunger annie.bunger@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness EventsSignatureTimestamp Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted8/2/2019 2:34:01 PM 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 19-1899,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcooperation,authorizing theCityManagertoexecuteacontractwithWhirlixDesign,Inc.,fortheConstructionofThree(2019) PlaygroundsfortheParksandRecreationDepartment;providingexpenditureoffundstherefor;andproviding an effective date (RFP 7020 - awarded to Whirlix Design, Inc., in the not-to-exceed amount of $352,791). City of DentonPage 1 of 1Printed on 8/16/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: August 20, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal cooperation, authorizing the City Manager to execute a contract with Whirlix Design, Inc., for the Construction of Three (2019) Playgrounds for the Parks and Recreation Department; providing expenditure of funds therefor; and providing an effective date (RFP 7020 - awarded to Whirlix Design, Inc., in the not-to-exceed amount of $352,791). RFP INFORMATION /BACKGROUND In the 2014 CIP Bond Package, the following Park Playgrounds were approved for replacement: Milam, Denia, Fred Moore, Carl Young Sr., Evers, Nette Shultz, McKenna, and one (1) at Mack Park. This request for proposal is for playgrounds at Carl Young Sr., Nette Shultz, and Patrick Park. Fred Moore, Milam, Denia, Evers, and Mack Park playgrounds are complete. McKenna Park playground is the last of the 2014 CIP Bond package replacement and is scheduled for future replacement. The development of Patrick Park was approved by City Council on February 26, 2019. Requests for Proposals was sent to 97 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Nine (9) proposals were received and one (1) proposal meeting specifications were evaluated based upon published criteria including price, compliance to specifications, performance measures and schedule. Eight (8) of the nine (9) proposals were disqualified for not meeting the specifications outlined within the scope of work. The reasons for disqualification range from the lack of a supplemental warranty being included within the proposal, providing no shade within the design, being over budget or lack of impact mats under swings and slides. Based upon this evaluation, Whirlix Design, Inc. was ranked the highest and determined to be the best value for the City (Exhibit 2). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) February 4, 2019, the Parks, Recreation, and Beautification Board recommended this item to the City Council for consideration February 26, 2019, City Council approved the development of Patrick Park. RECOMMENDATION Award a contract with Whirlix Design, Inc., for the Construction of Three (2019) Playgrounds for the Carl Young Sr. Park, Nette Shultz Park, and Patrick Park, in the not-to-exceed amount of $352,791. PRINCIPAL PLACE OF BUSINESS Whirlix Design, Inc. Richardson, TX ESTIMATED SCHEDULE OF PROJECT This contract will be started upon approval with a completion date by December 31, 2019. FISCAL INFORMATION These services will be funded from Parks and Recreation Department Construction account 400173470.1360.40100 while the Patrick Park playground will be funded by Park Dedication and Development 915/916 funds, account 400258916.1360.40100. Requisition #143195 has been entered in the Purchasing software system in the amount of $352,791. The budgeted amount for this item is $465,500. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Pricing Evaluation Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Gary Packan, 940-349-7460. Legal point of contact: Mack Reinwand at 940-349-8333. DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ hƩķźƓğƓĭĻ DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AN WHIRLIX DESIGN, INC. (RFP 7020) THIS CONTRACT is made and entered into this date , by and between Whirlix Design, Inc. a Texas Corporation, whose address is 1761 International Pkwy, Suite 125, Richardson, TX 75081, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a Texas Municipal Corporation and Home-Rule City, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and the subsequent execution of this Contract by the Denton City Manager, or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Contractor shall provide construction services in accordance with the #7020- Construction of Three Playgrounds, a copy of which is on file at the office of Purchasing Agent BThe Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Special Terms and Conditions (b) City of Denton RFP #7020 on file at Office of Purchasing Agent) (c) General Provisions-Standard Terms and Conditions C; (d) Payment and Performance Bond Requirements D (e) Insurance Requirements E); (f) Certificate of Interested Parties Electronic Filing (g) Contractor "); (h) Form CIQ Conflict of Interest Questionnaire (Exhibit "H") These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to this written Contract, and then to the Contract documents in the sequential order in which The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. Prohibition on Contracts with Companies Boycotting Israel Supplier 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. have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Supplier certifies that Supplier to the City that Supplier: (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. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 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, Supplier certifies that SupplierSupplier, 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. IN WITNESS WHEREOF, the parties of these presents have executed this Contract in the year and day first above written. CONTRACTOR THIS AGREEMENT HAS BEEN BOTH BY: ______________________________ REVIEWED AND APPROVED as to AUTHORIZED SIGNATURE financial and operational obligations and business terms. Date: _______________________________ Printed Name:________________________ _______________ ________________ SIGNATURE PRINTED NAME Title: _______________________________ __________________________________ ___________________________________ TITLE PHONE NUMBER __________________________________ ___________________________________ DEPARTMENT EMAIL ADDRESS 2019-519262 APPROVED AS TO LEGAL FORM: TEXAS ETHICS COMMISSION AARON LEAL, CITY ATTORNEY CERTIFICATE NUMBER By: _________________________________ ATTEST: CITY OF DENTON, TEXAS ROSA RIOS, CITY SECRETARY A Texas Municipal Corporation By: _________________________________ By: _________________________________ TODD HILEMAN CITY MANAGER Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 EXHIBIT A SPECIAL TERMS AND CONDITIONS Total Contract Amount The Contract total for services shall not exceed $352,791. Pricing shall be per Exhibit G attached. Contract Term It is the intention of the City of Denton to award a contract for construction of the project as described in the drawings and specifications. Materials and services undertaken pursuant to this solicitation will be required to commence within fourteen (14) days of delivery of a Notice to Proceed. Project shall be complete by December 31, 2019. DELIVERY: This timeline is flexible, within reason. 4-6 weeks is the standard time of delivery but we realized If your projected delivery time is more than the 4-6 weeks requested by the Scope of Work, please provide this information in the schedule/timeline submittal. Special Notice and Additional Requirement(s): 1. Parks & Recreation has an area at the Municipal Service Center, located at 901 Texas St., where you may offload and store the equipment. Contractor will be responsible for hauling equipment from storage area to project location City of Denton Duties and Responsibilities: 2. The Parks and Recreation Department staff is scheduled to remove the existing structures along with other site improvements. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 EXHIBIT C GENERAL PROVISIONS- TERMS AND CONDITIONS FOR FACILITY CONSTRUCTION SERVICES Invoices, Payments, and Releases 1. INVOICES AND PAYMENT PROCESSING: Payment processing: The City review, inspection, and processing procedures for invoices ordinarily require thirty (30) days after receipt of invoices, materials, or services. Proposals which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the Purchasing Manager, the review, inspection, and processing procedures can be completed as specified. It is the intention of the City of Denton to make payment within thirty (30) days after receipt of valid invoices for which items or services have been received unless unusual circumstances arise. The thirty (30) day processing period for invoices will begin on the date the invoice is received or the date the items or services are received, whichever date is later. Direct deposit for payments: Prime Contractors are encouraged to arrange for receiving payments through direct deposit. Information regarding direct deposit payments is available from the City of Denton Purchasing website: www.dentonpurchasing.com. Invoices: Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299 with a copy to the attention of Jennifer Tyler, City of Parks and Recreation Department, 901 Texas Street, Denton, TX 76209. The copy may also be emailed to Ms. Tyler at Jennifer.tyler@cityofdenton.com . Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. Invoices for partial payments on construction projects should normally be presented for payment within the first five (5) days of the month, and submitted on the Pay Application Form. 2. TAX EXEMPTION: The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Prime Contractor performing work under this Contract for the City of Denton may purchase materials and supplies and rent or lease equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates must comply with State -0.07 and #95-0.09. 3. PAYMENTS TO CONTRACTORS: Upon presentation of valid invoices, which should be within the first week of each month, the Owner shall make partial payments to the Prime Contractor for construction accomplished during the preceding calendar month on the basis of completed construction certified to by the Prime Contractor and approved by the Owner and Architect/Engineer solely for the purposes of payment. Provided, however, that such approval shall not be deemed approval of the workmanship or materials. Only ninety-five percent (95%) of each payment request approved during the construction of the project shall be paid by the Owner to the Prime Contractor prior to completion of the Project. Upon the approval by the Owner of the Prime make payment to the Prime Contractor of all amounts to which the Prime Contractor shall be entitled there under which shall not have been paid: Provided, however, that such final Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 payment shall be made not later than ninety (90) days after the date of completion of construction of the Project, as specified in the Final Invoice for Payment, unless withheld because of the fault of the Prime Contractor. A. The Prime Contractor shall be paid on the basis of the percentage of the work actually completed for each construction item. The total amount paid for periodic billings shall not exceed the maximum Contract price for the construction of the project as set forth in the Contract, unless such excess shall have been approved in writing by the Purchasing Agent as part of a change order. B. No payment shall be due while the Prime Contractor is in default in respect of any of the provisions of this Contract, and the Owner may withhold from the Prime Contractor the amount of any claim by any third party against either the Prime Contractor or the Owner based upon an alleged failure of the Prime Contractor to perform the work hereunder in accordance with the provisions of this Contract. This includes, without limitation, the alleged failure of the Prime Contractor to make payments to subcontractors. 4. RELEASE OF LIENS AND CERTIFICATE OF CONTRACTOR: Upon award of the Contract, the Prime Contractor shall inform the Owner of the subcontractors and material sources that will be used. Upon the completion by the Prime Contractor of the construction of the Project, but prior to final payment to the Prime Contractor, the Prime Contractor shall deliver to the Owner releases of all liens, and of rights to claim any lien, from all manufacturers, materialmen and subcontractors furnishing services or materials for the Project, to the effect that all materials or services used on or for the Project have been paid for and indicating that the Owner is fully released from all such claims. 5. PAYMENTS TO MATERIALMEN AND SUBCONTRACTORS: The Prime Contractor shall pay each materialman, and each subcontractor, if any, not later than five (5) days after receipt of any payment from the Owner, the amount thereof allowed the Contractor for and on account of materials furnished or construction performed by each materialman or each subcontractor. 6. REMEDIES: A. Completion of Prime If default shall be made by the Prime Contractor or by any subcontractor in the performance of any of the terms of this proposal, the Owner, without in any manner limiting its legal and equitable remedies in the circumstances, may serve upon the Prime Contractor and the Surety or Sureties upon the Prime Contractor's bond or bonds a written notice requiring the Prime Contractor to cause such default to be corrected forthwith. Unless within twenty (20) days after the service of such notice upon the Prime Contractor such default shall be corrected or arrangements for the correction thereof satisfactory to the Owner and/or Architect/Engineer shall be made by the Prime Contractor or its Surety or Sureties, the Owner may take over the construction of the Project and prosecute the same to completion by Contract or otherwise for the account and at the expense of the Prime Contractor, and the Prime Contractor and its Surety or Sureties shall be liable to the Owner for any cost or expense in excess of the Contract price occasioned thereby. In such event the Owner may take possession of and utilize, in completing the construction of the project, any materials, tools, supplies, equipment, appliances, and plant belonging to the Prime Contractor or any Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 of its subcontractors, which may be situated at the site of the Project. The Owner in such contingency may exercise any rights, claims or demands which the Prime Contractor may have against third persons in connection with this Contract and for such purpose the Prime Contractor does hereby assign, transfer and set over unto the Owner all such rights claims and demands. B. Liquidated Damages The time of the completion of construction of the project is of the essence of the contract. Should the Contractor neglect, refuse or fail to complete the construction within the time herein agreed upon, after giving effect to extensions of time, if any, herein provided, then, in that event and in view of the difficulty of estimating with exactness damages caused by such delay, the City shall have the right to deduct from and retain out of such money which may be then due or which may become due and payable to the Contractor the sum of FIVE HUNDRED DOLLARS ($50.00) per day for each and every day, including weekends, that such construction is delayed on its completion beyond the specified time, as liquidated damages and not as a penalty; if the amount due and to become due from the City to the Contractor is insufficient to pay in full any such liquidated damages, the Contractor shall pay to the City the amount necessary to effect such payment in full: Provided, however, that the City shall promptly notify the Contractor in writing of the manner in which the amount retained, deducted or claimed as liquidated damages was computed. C. Cumulative Remedies Every right or remedy herein conferred upon or reserved to the Owner shall be cumulative, shall be in addition to every right and remedy now or hereafter existing at law or in equity or by statute, and the pursuit of any right or remedy shall not be construed as an election. Provided, however, that the provisions of the REMEDIES SECTION shall be the exclusive measure of damages for failure by the Prime Contractor to complete the construction of the Project within the time herein agreed upon. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 CITY OF DENTON GENERAL CONDITIONS FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS GENERAL DEFINITIONS 1.1 The following definitions apply throughout these General Conditions and to the other Contract Documents: a) THE CONTRACT DOCUMENTS The Contract Documents consist of the formal Building Construction Services Agreement between the Owner and the Prime Contractor, these General Conditions and other supplementary conditions included by special provisions or addenda, drawings, specifications, addenda issued prior to execution of the Contract, other documents listed in the Contract, and Amendments issued after execution of the Contract. For purposes of these General Conditions, an Amendment is: (1) a written Supplemental Agreement to the Contract signed by authorized representatives of both parties; (2) a Change Order, including Change Orders signed only by the Owner as described in Subparagraph 7.1(b) and Subparagraph 7.1(e); or (3) a written order for a minor change in the Work issued by the Architect/Engineer as described in Paragraph 7.3. The Contract Documents also include bid documents such Bidders, sample forms, the Prime Contractor's Bid Proposal and portions of addenda relating to any of these documents, and any other documents, exhibits or attachments specifically enumerated in the Building Construction Services Agreement, but specifically exclude geotechnical and subsurface reports that the Owner may have provided to the Prime Contractor. b) THE CONTRACT The Contract Documents, as defined in Paragraph 1.1, are expressly incorporated into and made a part of the formal Building Construction Services Agreement between the Owner and the Prime Contractor by reference in this Paragraph and Paragraph 1.1 (which documents are sometimes also referred to collectively in these General Conditions as the e Contract Documents represent the entire and integrated agreement between the Owner and the Prime Contractor and supersede all prior negotiations, representations or agreements, either written or oral. The terms and conditions of the Contract Documents may be changed only by an Amendment. The Contract Documents shall not be construed to create a contractual relationship of any kind: Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (1) between the Architect/Engineer and Prime Contractor; (2) between the Owner and a Subcontractor or -subcontractor; or (3) between any persons or entities other than the Owner and Prime Contractor. The Architect/Engineer shall, however, be entitled to performance and enforcement of obligations under the Contract Documents intended to facilitate performance of the Architect/ c) THE WORK whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by the Prime Contractor, or any Subcontractors, Sub-subcontractors, material suppliers, or any other entity for whom the Prime Contractor is responsible, to fulfill the Prime whole or a part of the Project. d) THE PROJECT The Project is the total construction more particularly described in the Building Construction Services Agreement, of which the Work performed under the Contract Documents may be the whole or a part of the Project and which may include construction by the Owner or by separate contractors. All references in these General Conditions to or that the Work may only be a part of the Project. e) THE DRAWINGS The Dr Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. f) THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards, and workmanship for the Work, performance of related services, and other technical requirements. g) THE PROJECT MANUAL The Project Manual is the volume or volumes which contain the bidding requirements, sample forms, General Conditions for Building Construction, special provisions, and Specifications. The Project Manual may be modified by written addendums issued by the Owner during bidding, in which case the written addendums become a part of the Project Manual upon their issuance, unless otherwise indicated by the Owner in writing. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 h) ALTERNATE An Alternate is a variation in the Work on which the Owner requires a price separate from the City Building General Conditions Base Bid. If an Alternate is accepted by the Owner, the variation will become a part of the Contract through the execution of a change order or amendment to the Contract and the Base Bid will be adjusted to include the amount quoted. If an alternate is accepted by the Owner, and later deleted prior to any Work under the alternate being performed or materials delivered to the Project site, the Owner will be entitled to a credit in the full value of the alternate as priced in the Prime i) BASE BID The Base Bid is the price quoted for the Work before Alternates are considered. j) HAZARDOUS SUBSTANCE The term Hazardous Substance is defined to include the following: (1) any asbestos or any material which contains any hydrated mineral silicate, including chrysolite, amosite, crocidolite, tremolite, anthophylite or actinolite, whether friable or non-friable; (2) -containing materials, or fluids; (3) radon; (4) any other hazardous, radioactive, toxic or noxious substance, material, pollutant, or solid, liquid or gaseous waste; (5) any pollutant or contaminant (including but not limited to petroleum, petroleum hydrocarbons, petroleum products, crude oil or any fractions thereof, any oil or gas exploration or production waste, any natural gas, synthetic gas or any mixture thereof, lead, or other toxic metals) which in its condition, concentration or area of release could have a significant effect on human health, the environment, or natural resources; (6) any substance that, whether by its nature or its use, is subject to regulation or requires environmental investigation, monitoring, or remediation under any federal, state, or local environmental laws, rules, or regulations; (7) any underground storage tanks, as defined in 42 U.S.C. Section 6991(1)(A)(I) (including those defined by Section 9001(1) of the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; the Texas Water Code Annotated Section 26.344; and Title 30 of the Texas Administrative Code Sections 334.3 and 334.4), whether empty, filled or partially filled with any substance; and (8) any other hazardous material, hazardous waste, hazardous substance, solid waste, and toxic substance as those or similar terms are defined under any federal, state, or local environmental laws, rules, or regulations. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 k) OTHER DEFINITIONS As used in the Contract Documents, the following additional terms have the following meanings: (1) urnish, install, fabricate, deliver and erect, including all services, materials, appurtenances and other expenses to complete in place, ready for operation or use; (2) (3) (4) with the Contract Documents and applicable laws, ordinances, construction codes, and regulations. 1.2 EXECUTION, CORRELATION AND INTENT (a) The Building Construction Services Agreement shall be signed by duly authorized representatives of the Owner and Prime Contractor as provided in the Agreement. (b) Execution of the Building Construction Services Agreement by the Prime Contractor is a representation that the Prime Contractor has visited the site, has become familiar with local conditions, including but not limited to subsurface conditions, under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. (c) The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Prime Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Prime Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. (d) Organization of the Specifications into divisions, sections, and articles, and arrangement of Drawings shall not control the Prime Contractor in dividing the Work among Subcontractor(s) or in establishing the extent of Work to be performed by any trade. (e) Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. (f) The Drawings and Specifications are intended to agree with one another, and Work called for by Drawings and not mentioned in Specifications, or vice versa, shall be furnished as if set forth by both. Specifications shall govern materials, methods and quality of work. In the event of a conflict on the Drawings between scale and dimension, figured dimensions Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 shall govern over scale dimensions and large scale drawings shall govern over small scale drawings. Conflict between two or more dimensions applying to a common point shall be referred to the Architect/Engineer/Engineer for final adjustment. If discrepancies or conflicts occur within or between the Drawings and Specifications regarding the Work, or within or between other Contract Documents, the Prime Contractor shall not perform such Work without having obtained a clarification from the Architect/Engineer and resolution by the Owner. The Owner's decision as to the appropriate resolution of a conflict or discrepancy shall be final. Should the Drawings or the Specifications disagree within themselves or with each other; the Base Bid will be based on the most expensive combination of quality and quantity of Work indicated. (g) Deviations from Contract Documents shall be made only after written approval is obtained from Architect/Engineer and Owner, as provided in Article 7. (h) The intention of the Contract Documents is to include all materials, labor, tools, equipment, utilities, appliances, accessories, services, transportation, and supervision required to completely perform the fabrication, erection and execution of the Work in its final position. (i) The most recently issued Drawing or Specification takes precedence over previous issues of the same Drawing or Specification. In the event of a conflict, the order of precedence of interpretation of the Contract Documents is as follows: (1) Amendments (see Paragraph 7.2 for order of precedence between Amendments); (2) the Building Construction Services Agreement; (3) addenda, with those addenda of later date having precedence over those of an earlier date; (4) the Supplementary General Conditions and Special Provisions, if any; (5) the General Conditions for Building Construction; (6) 0the Specifications and Drawings. 1.3O SPECIFICATIONS AND OTHER DOCUMENTS All Drawings, Specifications, and copies thereof furnished by the Architect/Engineer are and shall remain the property of the Owner and are, with the exception of the Contract set for each party, to be returned to the Owner upon request at the completion of the Work. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those which are: (1) specifically defined in these General Conditions (except the terms defined in Subparagraph 1.1(j), which terms are of common grammatical usage and are not normally capitalized); (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs, and Clauses; (3) the titles of other documents published or used by the Owner as manuals or official policy statements; or (4) proper nouns or other words required under standard grammatical rules to be capitalized. ARTICLE 2 - THE OWNER 2.1 DEFINITION OF OWNER The Owner is the City of Denton, a Texas municipal corporation, and is identified as such in the Building Construction Services Agreement, and is referred to throughout the Contract authorized representatives. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER (a) The Owner shall furnish the most recent survey describing the physical characteristics, legal limits, utility locations, and a permanent benchmark for the site of the Project. The Owner shall also furnish any environmental site assessments that may have been given to the Owner or conducted for the property upon which the Project is to be constructed. THIS INFORMATION IS FURNISHED TO THE PRIME CONTRACTOR ONLY IN ORDER TO MAKE DISCLOSURE OF THIS MATERIAL AND FOR NO OTHER PURPOSE. BY FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT, WARRANT, OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART, IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY, AND THE OWNER SHALL HAVE NO LIABILITY FOR THIS MATERIAL. (b) Except for permits and fees which are provided for in Subparagraph 3.7(a), the Owner shall secure and pay for necessary approvals, easements, assessments, and charges required for construction, use, or occupancy of permanent structures or for permanent changes in existing facilities. (c) Information or services under reasonable promptness to avoid delay in the orderly progress of the Work. It is incumbent upon the Prime Contractor to identify, establish, and maintain a current schedule of latest dates for submittal and approval, as required in Paragraph 3.10, including when such information or services must be delivered. If Owner delivers the information or services to the Prime Contractor as scheduled and Prime Contractor is not prepared to accept or act on such information or services, then Prime Contractor shall reimburse Owner for all extra costs incurred of holding, storage, or retention, including redeliveries by the Owner to comply with the current schedule. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (d) Unless otherwise provided in the Contract Documents, the Prime Contractor will be furnished electronic copies of the Drawings and Specifications for bid purposes and one hard copy approved by Building Inspections upon execution of the Contract. Prime Contractor may obtain additional copies by paying the cost of additional printing or reproduction. (e) The obligations described above are in addition to other duties and responsibilities of the Owner enumerated in the Contract Documents and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion), and Article 11 (Insurance and Bonds). (f) The Owner shall forward all instructions to the Prime Contractor through the ision to carry out Work as described in Paragraph 2.4. (g) performance of the Work to assist the Architect/Engineer in the performance of the and to verify the Prime workmen employed on the Work, their occupational classification, the time each is engaged in the Work, the equipment used in the performance of the Work, and for purpose of verification of Prime If the Prime Contractor fails to correct any portion of the Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or refuses or fails to carry out all or any part of the Work in accordance with the Contract Documents, the Owner, by written order, may order the Prime Contractor to stop the Work, or any portion of the Work, until the cause for the order has been eliminated. The right of the Owner however, to stop the Work shall not create or imply a duty on the part of the Owner to exercise this right for the benefit of the Prime Contractor or any other person or entity. The rights of the Owner under Paragraph 12.2. 2.4 O If the Prime Contractor fails or refuses to carry out the Work or perform any of the terms, covenants, or obligations of the Contract Documents, and fails or refuses to correct any failure or refusal with diligence and promptness within fourteen (14) days after receipt of written notice from the Owner, the Owner may correct the Prime cause such failure or refusal to be corrected, without affecting, superseding, or waiving any other contractual, legal, or equitable remedies the Owner has, including but not limited to the issued deducting the Owner's cost of correction, including Architect/Engineer's compensation for additional services and expenses made necessary by the failure or refusal of the Prime Contractor from payments then or thereafter due to the Prime Contractor. The cost of correction is subject to verification (but not approval) by the Architect/Engineer. If payments then or thereafter due the Prime Contractor are not sufficient to cover the cost of correction, the Prime Contractor shall pay the difference to the Owner. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 2.5 NOTICE TO PROCEED After final execution of the Contract and receipt and approval of the required performance and payment bonds and evidence of required insurance, the Owner will issue a written Notice to Proceed with the Work, including the designated Contract Time within which Substantial Completion of the Work must be achieved. If the Owner unreasonably delays issuance of a written Notice to Proceed through no fault of the Prime Contractor, the Prime Contractor shall be entitled only to an equitable adjustment of the Contract Time, if properly claimed pursuant to the requirements of Paragraph 4.3; but the Prime Contractor shall not be entitled to any increase to the Contract Sum whatsoever for this reason. ARTICLE 3 - THE CONTRACTOR 3.1 DEFINITION OF CONTRACTOR The Prime Contractor is the person or business entity identified as such in the Building Construction Services Agreement, and is referred to throughout the Contract Documents as if Prime Prime Contractor or the Prime es or representatives. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR (a) The Prime Contractor shall carefully check, study, and compare the Contract Documents with each other and shall at once report to the Architect/Engineer in writing any inconsistency, ambiguity, error, omission, conflict, or discrepancy the Prime Contractor may discover. The Prime Contractor shall also verify all dimensions, field measurements, and field conditions before laying out the Work. The Prime Contractor will be held responsible for any subsequent error, omission, conflict, or discrepancy which might have been avoided by the above-described check, study, comparison, and reporting. In the event the Prime Contractor continues to work on an item where an inconsistency, ambiguity, error, omission, conflict, or discrepancy exists without obtaining such clarification or resolution or commences an item of the Work without giving written notice of an error, omission, conflict, or discrepancy that might have been avoided by the check, study, and comparison required above, it shall be deemed that the Prime Contractor bid and intended to execute the more stringent, higher quality, or state of the art requirement, or accepted the condition as is in the Contract Documents, without any increase to the Contract Sum or Contract Time. The Prime Contractor shall also be responsible to correct any failure of component parts to coordinate or fit properly into final position as a result of Prime Contractor's failure to give notice of and obtain a clarification or resolution of any error, omission, conflict, or discrepancy, without any right to any increase to the Contract Sum or Contract Time. (b) The Prime Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES (a) The Prime Contractor shall supervise and direct the Work, using the Prime best skill and attention. The Prime Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the Work, unless the Contract Documents set forth specific instructions concerning these matters. (b) The Prime Contractor shall be responsible to the Owner for the acts and omissions of the Prime -subcontractors, and their respective agents and employees, and any other persons performing portions of the Work under a subcontract with the Prime Contractor, or with any Subcontractor, and all other persons or entities for which the Prime Contractor is legally responsible. All labor shall be performed by mechanics that are trained and skilled in their respective trades. Standards of work required throughout shall be of a quality that will bring only first class results. Mechanics whose work is unsatisfactory, or who are considered careless, incompetent, unskilled, or otherwise objectionable shall be dismissed promptly from the Work and immediately replaced with competent, skilled personnel. Any part of the Work adversely affected by the acts or omissions of incompetent, unskilled, careless, or objectionable personnel shall be immediately corrected by the Prime Contractor. (c) The Prime Contractor shall not be relieved of its obligation to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect/Engineer in the Ar inspections, or approvals required or performed by persons other than the Prime Contractor. (d) The Prime Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. The Prime Contractor's responsibility under this paragraph will not in any way eliminate the Architect/Engineer's responsibility to the Owner under the Architect/Engineer/Owner Agreement. (e) Any Prime Contractor, Subcontractor, Sub-subcontractor, or separate contractor who commences Work over, in, or under any surface prepared by the Owner or by any other contractor, subcontractor, sub-subcontractor or any separate contractor, without the Prime Contractor having given written notice to the Architect/Engineer of the existence of any faulty surface or condition in the surface that prevents achieving the quality of workmanship specified by the Contract Documents and without having obtained the prior approval of the Architect/Engineer and the Owner to proceed is deemed to have accepted the surface or condition in the surface as satisfactory at the commencement of such Work. Any unsatisfactory Work subsequently resulting from such a faulty surface or condition in the surface that was not pre-approved by the Architect/Engineer or the Owner after notice as provided above may be rejected and replacement required, without any increase to the Contract Sum or Contract Time. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (f) All grades, lines, levels, and benchmarks shall be established and maintained on an ongoing basis by the Prime Contractor. The Prime Contractor is solely responsible for any errors made in establishing or maintaining proper grades, lines, levels, or benchmarks. Contractor shall verify all grades, lines, levels, and dimensions as indicated on Drawings. He shall report any errors, omissions, conflicts, or inconsistencies to Architect/Engineer before commencing any Work affected by these conditions. Contractor shall establish and safeguard benchmarks in at least two widely separated places and, as Work progresses, establish benchmarks at each level and lay out partitions on rough floor in exact locations as guides to all trades. The Contractor shall, from the permanent benchmark provided by the Owner, establish and maintain adequate horizontal and vertical control. 3.4 LABOR AND MATERIALS (a) Except as is otherwise specifically provided in the Contract Documents as being the responsibility of the Owner, the Prime Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. (b) The Prime Contractor shall enforce strict discipline and good order among the Prime all other persons carrying out the Contract. The Prime Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. (c) The Prime Contractor shall give preference, when qualified labor is available to perform the Work to which the employment relates, to all labor hired for the Project in the following order: (1) residents of the City of Denton, Texas; (2) residents of the County of Denton, Texas; 3.5 WARRANTY (a) General Warranty. The Contractor warrants to the Owner that all Work shall be accomplished in a good and workmanlike manner and that all materials and equipment furnished under the Contract will be of good quality, new (unless otherwise specified), and free from faults or defects, and that the Work will otherwise conform to the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, will be considered defective or nonconforming. The modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect/Engineer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The commencement date, duration, and other conditions related to the scope of this general warranty are established in Subparagraphs Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 9.9 (a) and 12.2(b) of these General Conditions. THE GENERAL WARRANTY PROVIDED IN THIS SUBPARAGRAPH IS IN ADDITION TO AND DOES NOT LIMIT OR DISCLAIM ANY OTHER WARRANTY OR REMEDY REQUIRED OR PROVIDED BY LAW OR THE CONTRACT DOCUMENTS AND SUCH WARRANTY SHALL REQUIRE THE CONTRACTOR TO REPLACE DEFECTIVE MATERIALS AND RE-EXECUTE DEFECTIVE WORK THAT IS DISCLOSED BY THE OWNER TO THE CONTRACTOR WITHIN A PERIOD OF TWO (2) YEARS AFTER SUBSTANTIAL COMPLETION OF THE ENTIRE WORK; OR, IF A LATENT DEFECT IS DISCOVERED WITHIN TWO YEARS OF SUBSTATIONAL COMPLETION OF THE ENTIRE WORK. (b) Special Warranties. The Contractor shall assign to the Owner in writing, as a condition precedent to final payment, the terms and conditions of all special warranties required under the Contract Documents. 3.6 TAXES The Owner qualifies for exemption from state and local sales and use taxes, pursuant to the provisions of Section 151.309 of the Texas Tax Code, as amended. Therefore, the Owner shall not be liable for, or pay the Contractor's cost of, such sales and use taxes which would otherwise be payable in connection with the purchase of tangible personal property furnished and incorporated into the real property being improved under the Contract Documents or the purchase of materials, supplies and other tangible personal property, other than machinery or equipment and its accessories and repair and replacement parts, necessary and essential for performance of the Contract which is to be completely consumed at the job site. The Contractor shall issue an exemption certificate in lieu of the tax on such purchases. 3.7 PERMITS, FEES AND NOTICES (a) The Architect/Engineer will apply and arrange for the issuance of the City of Denton Building Permit. The Prime Contractor and Subcontractors will apply and arrange for the issuance of all other required permits, and will not be required to pay a fee for any City of Denton permits required for the Project. The Owner will pay all service extension charges, including tap fees, assessed by the Water Utilities Department. (b) The Prime Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of governmental entities or agencies applying to performance of the Work. (c) Except as provided in Subparagraph (d) below, it is not the Prime responsibility to ascertain that the Contract Documents are in accordance with applicable laws, ordinances, construction codes, and rules and regulations. However, if the Prime Contractor observes that portions of the Contract Documents are at variance with applicable laws, ordinances, construction codes, rules or regulations, the Prime Contractor shall promptly notify the Architect/Engineer and the Owner in writing, and necessary changes shall be accomplished by appropriate Amendment. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (d) If the Prime Contractor performs Work knowing it to be contrary to laws, ordinances, construction codes, or rules and regulations without notifying the Architect/Engineer and the Owner, the Prime Contractor shall assume full responsibility for the Work and shall bear the attributable costs of the correction of the Work and any other Work in place that may be adversely affected by the corrective work. 3.8 ALLOWANCES (a) The Prime Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for the amounts identified in the Contract and by persons or entities as the Owner may direct, but the Prime Contractor shall not be required to employ persons or entities against which the Prime Contractor makes reasonable objection. (b) Unless otherwise provided in the Contract Documents: (1) materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; (2) the amount of each allowance shall cover the cost to the Prime Contractor of materials and equipment delivered at the site less all exempted taxes and applicable trade discounts; (3) the amount of each allowance includes the Prime s costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance Work; (4) whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect: (i) the difference between actual costs and the allowances under Clause (b) (2); and (5) the Owner retains the right to review and approve Subcontractors selected by the Prime Contractor to perform work activities covered by allowances. 3.9 SUPERINTENDENT The Prime Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project Site during performance of the Work. The superintendent shall represent the Prime Contractor, and communications given to the superintendent shall be as binding as if given to the Prime Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The Owner reserves the right to request that the Prime Contractor replace its superintendent at any time and the Prime Contractor wi Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 3.10 PRIME (a) The Prime Contractor shall, immediately after award of the Contract and before submittal of the first Application for Payment, prepare and submit the construction schedule for the Architect/Engineer's and Owner's information, review, and approval in accordance with the following provisions: (1) Unless otherwise approved in writing by the Owner, the construction schedule shall not exceed the Contract Time limits currently in effect under the Contract Documents and shall provide for expeditious and practicable execution of the Work. (2) The construction schedule shall include all shop drawing and submittal data requirements, indicating for each: (i) the latest date to be submitted by the Prime Contractor; and (ii) the latest date for approval by the Architect/Engineer. (3) The construction schedule shall be in the form of a critical path management schedule, and shall indicate each critical ta requires completion prior to commencement of the task next following (the d with: (i) actual work time, exclusive of slack time, for accomplishment; (ii) the latest start date; (iii) the latest finish date; (iv) the amount of float associated with each task; (v) the amount of labor, material, and equipment associated with each task; and (vi) the percentage of completion as of the date of the current schedule. (4) The construction schedule shall be revised and updated monthly to reflect the actual status of the Work and shall be submitted with each Application for Payment. (5) On or before the first day of each month, following the date of commencement of the Work as stated in the notice to proceed, the Prime Contractor shall prepare and submit to the Architect/Engineer and the Owner an up-to-date status report of the progress of the various construction phases of the Work in the form of an updated construction schedule. This status report shall consist of a time scale drawing indicating actual progress of the various phases of the Work and the percentage of completion of the entire Work. The original construction schedule shall be updated or changed to indicate any adjustments to the Contract Time granted by the Owner. The updated schedule must be submitted with the Prime such application will be certified without a satisfactory update to the construction schedule. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (6) The construction schedule will also be revised to show the effect of change orders and other events on Contract Time. No request for an increase in Contract Time will be considered unless it is accompanied by a schedule revision demonstrating the amount that the Prime Contractor has fallen behind the pace required to complete the Work within the Contract Time, through no fault of the Owner, the Prime Contractor shall prepare a recovery schedule demonstrating how it intends to bring its progress back within the Contract Time. This recovery schedule shall be in a form acceptable to the Owner. (7) Costs incurred by the Prime Contractor in preparing and maintaining the required construction schedule, any updated schedule, and any recovery schedule required by the Owner will not be paid as an additional or extra cost and shall be included in the Contract Sum. (8) The Contract Sum is deemed to be based upon a construction schedule requiring the full Contract Time. NO CLAIM FOR ADDITIONAL COMPENSATION SHALL BE ALLOWED AS A RESULT OF THE PRIME CONTRACTOR BASING HIS BID ON AN EARLY COMPLETION SCHEDULE, OR AS A RESULT OF DELAYS AND COSTS ATTRIBUTABLE TO COMPLETION LATER THAN THE PLANNED EARLY COMPLETION DATE. (b) The Prime Contractor shall also prepare and keep current, for the the Prime truction schedule and allows the Architect/Engineer reasonable time to review submittals. (c) The Prime Contractor shall conform to the most recent schedules approved as to form by the Architect/Engineer and the Owner. Any subsequent revisions made by the Prime Contractor to schedules in effect shall conform to the provisions of Subparagraph 3.10(a) (d) If the Work falls behind the approved construction schedule, the Prime Contractor shall take such steps as may be necessary to improve his progress, and the Architect/Engineer and the Owner may require him to increase the number of shifts, overtime operations, days of work, or the amount of construction plant, and to submit for approval revised schedules in the form required above in order to demonstrate the manner in which the agreed rate of progress will be regained, all without additional cost to the Owner. 3.11 DOCUMENTS AND SAMPLES AT THE PROJECT SITE The Contractor shall maintain at the Project site for the Owner one record copy of the Drawings, Specifications, addenda, and Amendments in good order and marked currently to record changes and selections made during construction, and in addition shall maintain at the Project site approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be available to the Architect/Engineer and shall be delivered to the Architect/Engineer for submittal to the Owner upon completion of the Work. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES (a) Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, materialmen, manufacturer(s), supplier(s), or distributor(s) to illustrate some portion of the Work. (b) Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (c) Samples are physical examples which illustrate materials, equipment, or workmanship and establish standards by which the Work will be judged. (d) Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect/Engineer is subject to the limitations of Paragraph 4.2. (e) The Prime Contractor shall review, approve and submit to the Architect/Engineer Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner, or of separate contractors. Submittals made by the Prime Contractor which are not required by the Contract Documents may be returned without action. (f) The Prime Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples, or similar submittals until the respective submittal has been approved by the Architect/Engineer. Work requiring this submittal and review shall be in accordance with approved submittals and any identified exceptions noted by the Architect/Engineer. (g) By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Prime Contractor represents that the Prime Contractor has determined and verified materials, field measurements, and related field construction criteria, or will do so, and has checked and coordinated the information contained within submittals with the requirements of the Work and of the Contract Documents. The Prime Contractor's attention is directed to Paragraph 3.2 of these General Conditions and the requirements stated in that Paragraph. (h) The Prime Contractor shall not be relieved of responsibility for deviations, substitutions, changes, additions, deletions or omissions from requirements of the Contract Documents by the Architect/Engineer's approval of Shop Drawings, Product Data, Samples, or similar submittals unless the Prime Contractor has specifically informed the Architect/Engineer in writing of such substitutions, changes, additions, deletions, omissions, or deviations involved in the submittal at the time of submittal and the Architect/Engineer, subject to a formal Change Order signed by the Owner, Architect/Engineer and Prime Contractor, has given written approval to the specific substitutions, changes, additions, deletions, omissions, or deviations. The Prime Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals by the Architect/Engineer's approval thereof. Further, notwithstanding any approval of a submittal by the Architect/Engineer, the Prime Contractor shall be responsible for all assoc Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 or indirect, resulting from any and all substitutions, changes, additions, deletions, omissions, or deviations, whether or not specifically identified by the Prime Contractor to the Architect/Engineer at the time of the above-mentioned submittals, including additional consulting fees, if any, in any and all accommodations associated with such substitutions, changes, additions, deletions, omissions, or deviations to the requirements of the Contract Documents. (i) The Prime Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to additional revisions other than those requested by the Architect/Engineer on previous submittals. In the absence of such additional revisions not requested. (j) Informational submittals upon which the Architect/Engineer is not expected to take responsive action may be so identified in the Contract Documents. (k) When professional certification of performance criteria of materials, systems, or equipment is required by the Contract Documents, the Architect/Engineer shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.13 USE OF THE PROJECT SITE The Prime Contractor shall confine operations at the Project site to areas permitted by law, ordinances, permits, and the Contract Documents and shall not unreasonably encumber the Project site with materials or equipment. 3.14 CUTTING AND PATCHING (a) The Prime Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. (b) The Prime Contractor shall not damage or endanger a portion of the Work or any fully or partially completed construction of the Owner or separate contractors by cutting, patching, or otherwise altering the construction, or by excavating. The Prime Contractor shall not cut or otherwise alter the construction by the Owner or a separate contractor except with the written consent of the Owner and of the separate contractor; consent shall not be unreasonably withheld. The Prime Contractor shall not unreasonably withhold from the Owner or a separate contractor the Prime otherwise altering the Work. (c) A Hot Work Permit Department, 869 S. Woodrow Lane, Denton, Texas (940 349-7200) for any temporary operation involving open flames or producing heat and/or sparks. This includes, but is not limited to: Brazing, Cutting, Grinding, Soldering, Torch Applied Roofing and Welding. 3.15 CLEANING UP (a) The Prime Contractor shall keep the Project site and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. Upon the completion of the Work the Prime Contractor shall remove from and about the Project site all waste materials, and rubbish, and all of the Prime construction equipment, machinery, and surplus materials. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (b) If the Prime Contractor fails to clean up as provided in the Contract Documents, the Owner may, clean up the Project site, up shall be charged to the Contractor. 3.16 ACCESS TO WORK The Prime Contractor shall provide the Owner and the Architect/Engineer access to the Work in preparation and progress wherever located during the course of construction. 3.17 TESTS AND INSPECTIONS (a) Tests, inspections, and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations, or orders of governmental entities or agencies having jurisdiction over the Work shall be made at appropriate times. Unless otherwise provided, the Prime Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner or with the appropriate governmental entity or agency, and the Prime Contractor shall bear all related costs of tests, inspections, and approvals. The Prime Contractor shall give the Architect/Engineer timely notice of when and where tests and inspections are to be made so the Architect/Engineer may observe such procedures. The Owner shall bear costs of tests, inspections, or approvals which become requirements after bids or proposals are received. (b) If the Architect/Engineer, the Owner or other public authorities having jurisdiction over the Work determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 3.17(a), the Architect/Engineer will, upon written authorization from the Owner, instruct the Prime Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Prime Contractor shall give timely notice to the Architect/Engineer of when and where tests and inspections are to be made so that the Architect/Engineer may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 3.17(c). (c) If procedures for testing, inspection, or approval under Subparagraphs 3.17(a) and 3.17(b) reveal deficiencies or nonconformities in the Work, the Prime Contractor shall bear all costs made necessary to correct the deficiencies or nonconformities, including those of repeated procedures and compensation for the Arc if any. The Prime Contractor shall bear the costs of any subsequent testing, inspection, or approval of the corrected Work. (d) Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Prime Contractor and promptly delivered to the Architect/Engineer. (e) If the Architect/Engineer is to observe tests, inspections or approvals required by the Contract Documents, the Architect/Engineer will do so promptly and, where practicable, at the normal place of testing or inspection. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (f) Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 3.18 ROYALTIES AND PATENTS The Contractor shall pay all royalties and license fees. CONTRACTOR SHALL COMPLETELY DEFEND, INDEMNIFY AND HOLD OWNER AND ARCHITECT/ENGINEER HARMLESS FROM ANY AND ALL LIABILITIES, SUITS OR CLAIMS FOR INFRINGEMENT OF PATENT RIGHTS, REGARDLESS OF WHETHER OR NOT THE OWNER OR THE ARCHITECT/ENGINEER SPECIFIED A PARTICULAR DESIGN, PROCESS OR PRODUCT IN THE CONTRACT DOCUMENTS THAT MAY BE THE SUBJECT OF A PATENT INFRINGEMENT OR OTHERWISE ACTIVELY INDUCED OR CONTRIBUTED TO THE PATENT INFRINGEMENT. In the event the Prime Contractor has reason to believe that a particular design, process or product specified infringes a patent, the Prime Contractor shall immediately notify the Owner and the Architect/Engineer of same. 3.19 INDEMNIFICATION (a) THE PRIME CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE OWNER, ITS OFFICERS, AGENTS AND EMPLOYEES, AND THE ARCHITECT/ENGINEER, HARMLESS AGAINST ANY AND ALL CLAIMS, LIABILITIES, LAWSUITS, JUDGMENTS, FINES, PENALTIES, COSTS AND EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM OR VIOLATIONS FOR WHICH RECOVERY OF DAMAGES, FINES, OR PENALTIES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, THAT MAY ARISE OUT OF OR BE OCCASIONED BY CONTRACTOR'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS CONTRACT, VIOLATIONS OF LAW, OR BY ANY NEGLIGENT, GROSSLY NEGLIGENT, INTENTIONAL, OR STRICTLY LIABLE ACT OR OMISSION OF THE PRIME CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, OR SUB-SUBCONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, OR REPRESENTATIVES, OR ANY OTHER PERSONS OR ENTITIES FOR WHICH THE PRIME CONTRACTOR IS LEGALLY RESPONSIBLE IN THE PERFORMANCE OF THIS CONTRACT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OR FAULT OF THE OWNER, ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, OR OF THE ARCHITECT/ENGINEER, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OR FAULT OF THE CONTRACTOR, THE OWNER, AND THE ARCHITECT/ENGINEER, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED IN ACCORDANCE WITH THE LAW OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE OWNER UNDER TEXAS LAW, AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER THIRD PERSON OR ENTITY. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (b) In claims against any person or entity indemnified under this Paragraph 3.19 by an employee of the Prime Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph 3.19 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Prime Contractor or any Subcontractor, under workers compensation acts, disability benefit acts or other employee benefit acts. (c) Indemnification under this Paragraph 3.19 shall include, but is not limited to, liability which could result to or be created for the Owner, its officers, agents, or employees, or the Architect/Engineer pursuant to State or Federal laws or regulations relating to pollution of the environment and State or Federal laws or regulations relating to the occupational safety and health of workers. The Prime Contractor specifically agrees to comply with the above- mentioned laws and regulations in the performance of the Work by the Prime Contractor and that the obligations of the Owner, its officers, agents, and employees, and the Architect/Engineer under the above-mentioned laws and regulations are secondary to those of the Prime Contractor. ARTICLE 4 - CONTRACT ADMINISTRATION 4.1 THE DESIGN PROFESSIONAL (ARCHITECT/ENGINEER) (a) The design professional is the person lawfully licensed to practice architecture or engineering or a firm or other business entity lawfully practicing architecture/engineering identified as such in the formal Building Construction Services Agreement and is referred to throughout the Contract Documents as if singular in number. The term representative. The Owner may, at its option, designate a qualified Owner representative to serve as the Architect/Engineer on the Project instead of an outside firm or person. In such event, the references in these General Conditions that refer to the Architect/Engineer shall apply to the Owner-designated Architect/Engineer representative and the Owner- designated Architect/Engineer representative shall be accorded that same status by the Prime Contractor. (b) In the event the Architect/Engineer is an outside person or firm and the Architect/Engineer's employment is terminated, the Owner may, at its option, contract with a new outside Architect/Engineer to replace the former, or may designate a qualified Owner representative to serve as the Architect/Engineer. The replacement Architect/Engineer, whether an Owner representative, an independent Architect/Engineer or any other qualified person or entity, shall be regarded as the Architect/Engineer for all purposes under the Contract Documents and shall be accorded that same status by the Prime Contractor. Any dispute in connection with such appointment shall be reviewed and settled by the Owner, whose decision shall be final and binding. (c) Owner reserves the right to appoint a representative empowered to act for the Owner during ruction Phase delegation of powers to the Architect/Engineer, with the Owner notifying the Prime Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 Contractor of any such changes. The Architect/Engineer shall not be construed as a third party beneficiary to the Contract and can in no way object to any expansion or reduction of powers as set forth in this Subparagraph (c). In no event, however, shall the Owner have control over charge of, or be responsible for, construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection with the responsible for the Prime out the Work in accordance with the Contract Documents. The Owner will not have control over or charge of and will not be responsible for acts or omissions of Prime Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. (a) The Architect/Engineer will administer the Contract as described in the Contract Documents and in accordance with the terms of the Architect/Engineer's agreement with the Owner, where applicable, subject to the direction and approval of the Owner. If requested by the Prime Contractor, the provisions of the Owner/Architect/Engineer Agreement will be made available to the Prime Contractor. (b) The Architect/Engineer shall provide, during performance of the Work, adequate and competent periodic on-site construction observation, periodically visiting the Project site to the extent necessary to personally familiarize themselves with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. The Architect/Engineer shall not, however, be required to make continuous on-site inspections to check the Work. Field reports of each visit shall be prepared by the Architect/Engineer and submitted to the Owner. The Architect/Engineer shall employ all reasonable measures to safeguard the Owner against defects and nonconformities in the Work. The Architect/Engineer shall not be responsible for the construction means, methods, techniques, sequences of procedures, nor for the safety precautions and programs employed in connection with the Work. The Architect/Engineer will, however, immediately inform the Owner whenever defects or nonconformities in the Work are observed, or when any observed actions or omissions are undertaken by the Prime Contractor or any Subcontractor which are not in the best interests of the Owner or the Project. (c) The Architect/Engineer and the Owner will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Prime agraph 4.3. The Architect/Engineer and the Owner will not be responsible for the Prime Work in accordance with the Contract Documents. The Architect/Engineer and the Owner will not have control over or charge of and will not be responsible for acts or omissions of the Prime Contractor, Subcontractors, Sub-subcontractors, or their respective agents or employees, or of any other persons performing portions of the Work for which the Prime Contractor is responsible. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (d) Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Prime Contractor shall endeavor to communicate through the Architect/Engineer. Communications by and with the consultants shall be through the Architect/Engineer. Communications by and with Subcontractors and material suppliers shall be through the Prime Contractor. Communications by and with separate contractors will be through the Owner. The Prime Contractor shall provide written confirmation of communications made directly with the Owner and provide copies of such confirmation to the Architect/Engineer. (e) Prime Applications for Payment, the Architect/Engineer will review and certify the amounts due the Prime Contractor and will issue Certificates for Payment in such amounts. (f) The Architect/Engineer and the Owner will each have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect/Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect/Engineer will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 3.17(b) and 3.17(c), whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect/Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Architect/Engineer to the Prime Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing portions of the Work. (g) The Architect/Engineer will review and approve or take other appropriate action upon the Prime only for the limited purpose of checking for conformance with information given and the design concept expressed be taken with such reasonable promptness as to not delay the Work or the activities of the Owner, Contractor, or separate contractors. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Prime Contractor as Prime Prime Contractor of any obligations under approval of safety precautions or, unless otherwise specifically stated in writing by the Architect/Engineer, of any construction means, methods, techniques, sequences, or approval of an assembly of which the item is a component. (h) The Architect/Engineer will prepare Change Orders and may authorize minor changes in the Work as provided in Paragraph 7.3. (i) The Architect/Engineer will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 required by the Contract and assembled by the Prime Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. (j) If the Owner and Architect/Engineer agree, the Architect/Engineer will provide one or responsibilities at the site. The duties, responsibilities, and limitations of authority of such Project representatives shall be as set forth in an exhibit to be incorporated into the Contract Documents. (k) The Architect/Engineer will interpret and make recommendations to the Owner concerning performance under and requirements of the Contract Documents upon written request of made with reasonable promptness and within any time limits agreed upon. The roval before issuing instructions, interpretations, or judgments to the Prime Contractor which change the scope of the Work or which modify or change the terms and conditions of any of the Contract Documents. (l) Interpretations and decisions of the Architect/Engineer will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of Drawings. When making such interpretations and decisions, the Architect/Engineer will endeavor to secure faithful performance by the Prime Contractor. (m) consistent with the intent expressed in the Contract Documents; provided that the Architect/Engineer has the prior written approval of the Owner. 4.3 CLAIMS AND DISPUTES (a) Definition; General Notice of Claim Procedure. As used in these General Conditions, a adjustment of the terms of the Contract Documents, of the Contract Sum, of the Contract Time, or some other relief in respect to the terms of the Contract Documents. The term also includes all other disputes between the Owner and the Contractor arising out of or relating to the Project or the Contract Documents, including but not limited to claims that work was outside the scope of the Contract Documents. The responsibility to substantiate the Claim and the burden of demonstrating compliance with this provision shall rest with the party making the Claim. Except where otherwise provided in the Contract Documents, a Claim by the Prime Contractor, whether for additional compensation, additional time, or other relief, including but not limited to claims arising from concealed conditions, WITHOUT EXCEPTION, MUST BE MADE BY WRITTEN NOTICE TO THE ARCHITECT/ENGINEER AND TO THE OWNER WITHIN FOURTEEN (14) DAYS IMMEDIATELY AFTER OCCURRENCE OF THE EVENT OR EVENTS GIVING RISE TO THE PARTICULAR CLAIM. Every Claim of the Prime Contractor, whether for additional compensation, additional time, or other relief, including but not limited to claims arising from concealed conditions, shall be signed and sworn to by an authorized corporate officer (if not a corporation, then an official of the company authorized to bind the Prime Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 Contractor by his signature) of the Prime Contractor, verifying the truth and accuracy of the Claim. THE PRIME CONTRACTOR SHALL BE CONCLUSIVELY DEEMED TO HAVE WAIVED ANY CLAIM NOT MADE STRICTLY IN ACCORDANCE WITH THE PROCEDURES AND TIME LIMITS SET OUT IN THIS PARAGRAPH. (b) Referral to the Architect/Engineer. Claims, disputes, and other matters in question between the Prime Contractor and the Owner relating to the progress or execution of the Work or the interpretation of the Contract Documents shall be referred to the Architect/Engineer for recommendation to the Owner, which recommendation the Architect/Engineer will furnish in writing within a reasonable time, provided proper and adequate substantiation has been received. Failure of the Prime Contractor to submit the Claim to the Architect/Engineer for rendering of a recommendation to the Owner shall constitute a waiver of the Claim. (c) Continuing Contract Performance. Pending final resolution of a claim the Prime Contractor shall proceed diligently with performance of the Work and the Owner shall continue to make payments in accordance with the Contract Documents. (d) Claims for Concealed or Unknown Conditions. No adjustment in the Contract Sum or Time associated with concealed or unknown conditions will normally be considered or allowed; provided, however, that the Contract Sum or Time may be adjusted by the Owner in such circumstances only if: (1) a concealed subsurface condition is encountered in the course of performance of the Work; (2) a concealed or unknown condition in an existing structure is at variance with conditions indicated by the Contract Documents; or (3) an unknown physical condition is encountered below the surface of the ground or in an existing structure which is of an unusual nature and materially different from those ordinarily encountered and generally recognized as inherent in the character of the Work; and (4) a notice of claim with proper and adequate substantiation is presented pursuant to Subparagraph 4.3(a) of these General Conditions; and (5) the Owner and the Architect/Engineer determine that: (i) prior to submitting its bid for the Work, the Contractor used reasonable diligence to fully inspect the portion of the Project site where the condition was discovered; and (ii) the work caused or required by the concealed or unknown condition at issue can be considered extra work to the extent that additional new Drawings must be prepared and issued and new construction beyond the scope of the Contract Documents is required. (e) Disclaimer of Warranties as to Reports, Drawings, and Specifications. PROJECT SITE INFORMATION AND REPORTS (INCLUDING BUT NOT LIMITED TO SOILS TESTING REPORTS, GEOTECHNICAL REPORTS, OR ENVIRONMENTAL SITE ASSESSMENTS) PROVIDED BY THE OWNER AND THE ARCHITECT/ENGINEER IN THE PROJECT MANUAL OR BY OTHER MEANS SHALL BE UTILIZED BY THE PRIME CONTRACTOR AT THE PRIME Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 OWNER AND THE ARCHITECT/ENGINEER DO NOT GUARANTEE OR WARRANT ANY INFORMATION SHOWN IN THE PROJECT SITE INFORMATION AND REPORTS. (f) Claims for Additional Cost. If the Prime Contractor wishes to make a claim for an increase in the Contract Sum, written notice as provided in this Paragraph 4.3 shall be given before proceeding to execute the Work. Prior notice is not required for claims relating to an emergency endangering life or property arising under Paragraph 10.3. In addition, the Prime Contractor's request for an increase in the Contract Sum for any reason (other than work performed under emergency conditions) shall be made far enough in advance of required work to allow the Owner and the Architect/Engineer a sufficient amount of time, without adversely affecting the construction schedule, to review the request, prepare and distribute such additional documents as may be necessary to obtain suitable estimates or proposals and to negotiate, execute and distribute a Change Order for the required work if the Prime Contractor believes that additional cost is involved for reasons including but not limited to: (1) a written interpretation from the Architect/Engineer; (2) a written order for a minor change in the Work issued by the Architect/Engineer; (3) failure of payment by the Owner; (4) termination of the Contract by the Owner; (5) Prime Contractor was not at fault; or (6) other reasonable grounds. (g) Injury or Damage to Person or Property. If the Prime Contractor suffers injury or damages to person or property because of an act or omission of the Owner, or of any of the Owner's officers, employees or agents, written, sworn-to notice of any claim for damages or injury shall be given as provided in Subparagraph 4.3(a). The notice shall provide sufficient detail to enable the Architect/Engineer and the Owner to investigate the matter. (h) Subcontractor Pass-Through Claims. In the event that any Subcontractor of the Prime Contractor asserts a claim to the Prime Contractor, that the Prime Contractor seeks to pass through to the Owner under the Contract Documents, any entitlement of the Prime Contractor to submit and assert the claim against the Owner shall be subject to: (1) the requirements of Paragraph 4.3 of these General Conditions; and (2) the following additional three requirements listed below, all three of which additional requirements shall be conditions precedent to the entitlement of the Prime Contractor to seek and assert such claim against the Owner: Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (ii) The Prime Contractor shall either (A) have direct legal liability as a matter of contract, common law, or statutory law to the Subcontractor for the claim that the Subcontractor is asserting or (B) the Prime Contractor shall have entered into a written liquidating agreement with the Subcontractor, under which agreement the Prime Contractor has agreed to be legally responsible to the Subcontractor for pursuing the assertion of such claim against the Owner under the Contract and for paying to the Subcontractor any amount that may be recovered, less Prime markup (subject to the limits in the Contract Documents for any markup). The liability or responsibilities shall be identified in writing by the Prime Contractor to the Owner at the time such claim is submitted to Owner, and a copy of any liquidating agreement shall be included by the Prime Contractor in the claim submittal materials. (ii) The Prime Contractor shall have reviewed the claim of the Subcontractor prior to its submittal to Owner and shall have independently evaluated such claim in good faith to determine the extent to which the claim is believed in good faith to be valid. The Prime Contractor shall also certify, in writing and under oath to the Owner, at the time of the submittal of such claim, that the Prime Contractor has made a review, evaluation, and determination that the claim is made in good faith and is believed by the Contractor to be valid. (iii) The Subcontractor making the claim to the Prime Contractor shall certify in writing and under oath that it has compiled, reviewed and evaluated the merits of such claim and that the claim is believed in good faith by the Subcontractor to be valid. A copy of the certification by the Subcontractor shall be included by Prime Contractor in the claim submittal materials made by Contractor to the Owner.. (3) Any failure of the Prime Contractor to comply with any of the foregoing requirements and conditions precedent with regard to any such claim shall constitute a waiver of any entitlement to submit or pursue such claim against Owner. (4) Receipt and review of a claim by the Owner under this Subparagraph shall not be construed as a waiver of any defenses to the claim available to the Owner under the Contract Documents or by applicable law. Extensions, in Whole or in Part. The Prime Contractor acknowledges and agrees that Substantial Completion of the Work by or before the Scheduled Completion Date is of substantial importance to Owner. The following provisions, therefore, will apply: (1) If the Prime Contractor falls behind the approved construction schedule for order the Prime Contractor to develop a recovery schedule as described in Paragraph 3.10 or to accelerate its progress in such a manner as to achieve Substantial Completion on or before the Contract Time completion date or such other date as the Owner may reasonably direct and, upon receipt, the Prime Contractor shall take all action necessary to comply with the order. In such event, any possible right, if any, of the Prime Contractor to additional compensation for any acceleration shall be subject to the terms of this Subparagraph (i). Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (2) In the event that the Prime Contractor is otherwise entitled to an extension of Contract Time and has properly initiated a Claim for a time extension in accordance sole discretion, to deny all, or any part, of the Claim for extension of Contract Time by giving written notice to the Prime Contractor provided within fourteen (14) days after receipt of the Prime Contractor's Claim. If the Owner denies the Prime Contractor's claim for an extension of Contract Time under this Clause (i)(2), either in whole or in part, the Prime Contractor shall proceed to prosecute the Work in such a manner as to achieve Substantial Completion on or before the then existing Scheduled Completion Date. (3) If the Prime Contractor would have been entitled to a time extension for a reason specifically allowed under the Contract Documents, for an amount of time that would have justified approval by the Owner if not for the need and right to accelerate, the Prime Contractor may initiate a Claim for acceleration costs pursuant to Subparagraph 4.3(a). Any resulting Claim for acceleration costs properly initiated by the Prime Contractor under Subparagraph 4.3(a) above shall be limited to those reasonable and documented direct costs of labor, materials, equipment, and supervision solely and directly attributable to the actual acceleration activity necessary to bring the Work back within the then existing approved construction schedule. These direct costs include the premium portion of overtime pay, additional crew, shift, or equipment costs if requested in advance by the Contractor and approved in writing by the Owner. A percentage markup for the prorated cost of premium on the existing performance and payment bonds and required insurance; provided however, not to exceed five (5%) per cent, will be allowed on the claimed acceleration costs. NO OTHER MARKUP FOR PROFIT, OVERHEAD (INCLUDING BUT NOT LIMITED TO HOME OFFICE OVERHEAD) OR ANY OTHER COSTS WILL BE ALLOWED ON ANY ACCELERATION CLAIM. The Owner shall not be liable for any costs related to an acceleration claim other than those described in this Clause (i)(3). (i) Waiver of Claims; Final Payment. The making of final payment shall constitute a waiver of claims by the Owner except those arising from: (1) claims, security interests, purported liens, or other attempted encumbrances arising out of the Contract and remaining unsettled; (2) defective or nonconforming Work appearing after Substantial Completion; (3) latent defects, as defined in Subparagraph 12.2(d), appearing after Final Completion; or (4) the terms of general and special warranties required by the Contract Documents or allowed or implied by law. FEES AS A PART OF ANY CLAIM MADE UNDER THE CONTRACT DOCUMENTS OR IN ANY SUBSEQUENT LAWSUIT OR ALTERNATIVE DISPUTE RESOLUTION PROCEEDING. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (l) No Waiver of Governmental Immunity. NOTHING IN THE CONTRACT DOCUMENTS IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY APPLICABLE STATE LAW. ARTICLE 5 - SUBCONTRACTORS 5.1 DEFINITIONS OF SUBCONTRACTOR (a) A Subcontractor is person or entity who has a direct Contract with the Prime Contractor to perform a portion of the Work at the Project site or to supply materials or equipment to the Prime Contractor by purchase or lease for use in performance of or incorporation into the e Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the subcontractors of a separate contractor. (b) A Sub-subcontractor is a person or entity who has a direct or indirect Contract with a Subcontractor to perform a portion of the Work at the Project site or to supply materials or equipment to the Subcontractor or another Sub-subcontractor by purchase or lease for use in perf- to throughout the Contract Documents as if singular in number and means a Sub- subcontractor or an authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK (a) Immediately after the award of the Contract by the Owner, and before the Building Construction Services Agreement is signed by the Prime Contractor and the Owner, the Prime Contractor shall furnish to the Architect/Engineer in writing, for acceptance by the Owner and the Architect/Engineer, a list of the names, addresses, telephone numbers, M/WBE certification numbers (where applicable), and type of work of the Subcontractors (including those who are to furnish materials or equipment fabricated to a special design), proposed for the principal portions of the Work, including furnishings when made a part of the Contract. The Prime Contractor shall immediately notify the Owner in writing of any changes in the list as they occur. The Architect/Engineer will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect/Engineer, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect/Engineer to reply promptly shall constitute notice of no reasonable objection. (b) The Prime Contractor shall not Contract with a proposed person or entity to whom the Owner or Architect/Engineer has made reasonable and timely objection. (c) Architect/Engineer's and Owner's approval of or objection to any Subcontractor or of a particular process or material will not relieve the Prime Contractor of his responsibility for performance of Work as called for under the Contract Documents, and shall not provide a Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 basis for any claim for additional time or money on the part of the Prime Contractor. Approval shall not be construed to create any contractual relationship between the Subcontractor and either the Owner or Architect/Engineer. In no event shall the Contract Sum be increased as a result of the rejection of any Subcontractor. (d) The Prime Contractor shall not change a Subcontractor previously selected if the Owner or Architect/Engineer makes reasonable objection to such change. 5.3 SUBCONTRACTUAL RELATIONS (a) By appropriate agreement, written where legally required for validity, the Prime Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Prime Contractor by the terms of the Contract Documents (including but not limited to these General Conditions), and to assume toward the Prime Contractor all the obligations and responsibilities which the Prime Contractor, by the Contract Documents, assumes toward the Owner and the Architect/Engineer. Each subcontract agreement shall preserve and protect the rights of the Owner and the Architect/Engineer under the Contract Documents (including but not limited to these General Conditions) with respect to the Work to be performed by the Subcontractor so that subcontracting will not prejudice the rights of the Owner and the Architect/Engineer. Where appropriate, the Prime Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Prime Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor is to be bound. Subcontractors shall similarly make copies of applicable portions of such Documents available to their respective proposed Sub-subcontractors. (b) The Prime Contractor is solely responsible for making payments properly to the Prime Prime Contractor shall comply with the following additional rules regarding Subcontractor payments: (1) The Prime Contractor shall submit, beginning with the Second Application and Certificate for Payment, a Subcontractor Payment Report (the "Report") with each Application and Certificate for Payment. The Report shall show all payments made to date by the Prime Contractor (plus existing retainage) to each Subcontractor involved in the Project. The Report shall be made on a form approved and supplied by the Owner. As an alternative to the Report, the Prime Contractor may furnish Affidavits of Payment Received with the Application and Certificate for Payment, which affidavits shall be executed by each Subcontractor owed money and paid by Subcontractor during the previous progress payment period for work or materials furnished on the Project. RECEIPT BY THE OWNER OF THE REPORT OR AFFIDAVITS OF PAYMENT RECEIVED SHALL BE A CONDITION PRECEDENT TO PAYMENT ON ANY APPLICATION FOR PAYMENT . Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (2) If, for any reason, the Prime Contractor is withholding payment to a Subcontractor due to a dispute or other problem with performance, the Prime Contractor shall note the amount withheld and further note that the payment is in dispute. The Owner may, in its sole discretion, require the Prime Contractor to document and verify the dispute or other problem in question. (3) The Owner reserves the right in its sole discretion, to withhold payment to the Prime Contractor pursuant to Paragraph 9.5(a) of the General Conditions, should it appear from the Report, statements of payment received or other information furnished to the Owner that: (i) the Report has not been properly completed; (ii) the Prime Contractor has knowingly provided false information regarding payment of any Subcontractor; or (iii) the Prime Contractor has otherwise failed to make payments properly to any Subcontractor. (4) THE PRIME CONTRACTOR SHALL NOT HAVE ANY RIGHT TO MAKE A CLAIM FOR ADDITIONAL TIME OR ADDITIONAL COMPENSATION AS A RESULT OF THE OWNER'S OR ARCHITECT/ENGINEER'S ENFORCEMENT OF THIS SUBPARAGRAPH 5.3(b). NO PROVISION OF THIS SUBPARAGRAPH OR ANY OF THE CONTRACT DOCUMENTS SHALL BE CONSTRUED TO CREATE A CONTRACTUAL RELATIONSHIP, EXPRESS OR IMPLIED, BETWEEN ANY SUBCONTRACTOR AND EITHER THE OWNER OR THE ARCHITECT/ENGINEER AND SHALL NOT BE CONSTRUED TO MAKE ANY SUBCONTRACTOR OR ANY OTHER PERSON OR ENTITY, A THIRD-PARTY BENEFICIARY OF THE CONTRACT BETWEEN THE OWNER AND THE PRIME CONTRACTOR. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS In the event of a termination of this Contract by the Owner under Article 14, the Prime Contractor shall, if requested in writing by the Owner, within fifteen (15) days after the date notice of termination is sent, deliver and assign to Owner, or any person or entity acting on the Owner's behalf, any or all subcontracts made by Prime Contractor in the performance of the Work, and deliver to the Owner true and correct originals and copies of the subcontract documents. In the event assignment is not requested by the Owner, Prime Contractor shall terminate all subcontracts to the extent that Owner has not directed assignment of same and to the extent that they relate to the performance of Work terminated by the notice of termination. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 ARTICLE 6 - CONSTRUCTION BY THE OWNER/ SEPARATE CONTRACTORS CONTRACTS (a) The Owner reserves the right to perform construction or operations related to the Project portions of the Project or other construction or operations on the Project site under Conditions of the Contract identical or substantially similar to these General Conditions, including those portions related to insurance and waiver of subrogation. If the Prime Contractor claims that delay or additional cost is involved because of such action by the Owner, the Prime Contractor shall make a claim as provided elsewhere in, and in accordance with the Contract Documents. (b) When separate Contracts are awarded for different portions of the Project or other construction or operations on the Documents in each case shall mean the Contractor who executes each separate Building Construction Services Agreement with the Owner. (c) The Owner shall provide for coordination of the activities of the Ow of each separate contractor with the Work of the Prime Contractor, who shall cooperate with them. The Prime Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Prime Contractor shall, with the approval of the Owner, make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Prime Contractor, separate contractors, and the Owner until subsequently revised by mutual agreement or by written Change Order. If the Prime Contractor believes it is entitled to an adjustment of the Contract Sum under the circumstances, the Prime Contractor shall submit a written proposal for a Change Order pursuant to Article 7 of the General Conditions. In the event the Prime Prime Contractor must submit any Claim pursuant to Paragraph 4.3 of the General Conditions. (d) Unless otherwise provided in the Contract Documents, when the Owner performs shall be deemed to be subject to the same obligations and to have the same rights which apply to the Prime Contractor under these General Conditions, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY (a) The Prime Contractor sh opportunity for access to and storage of their materials and equipment and the performance of their activities and shall coordinate the Prime with the separate contractors as required by the Contract Documents. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (b) If part of the Prime construction or operations by the Owner or a separate contractor, the Prime Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect/Engineer apparent discrepancies or defects in the other construction that would render it unsuitable for proper execution and results. Failure of the Prime Contractor to so report shall constitu completed or partially completed construction is fit and proper to receive the Prime (c) The Owner shall not be liable to the prime Contractor for damages suffered by the Prime Contractor due to the fault or negligence of a separate contractor or through failure of a separate contractor to carry out the directions of the Owner or the Architect/Engineer. Should any interference occur between the Prime Contractor and a separate contractor, the Architect/Engineer or the Owner may furnish the Prime Contractor with written instructions designating priority of effort or change in methods, whereupon the Prime Contractor shall immediately comply with such direction. In such event, the Prime Contractor shall be entitled to an extension of the Contract Time only for unavoidable delays verified by the Architect/Engineer; no increase in the Contract Sum, however, shall be due to the Prime Contractor. (d) The Prime Contractor shall promptly remedy damage wrongfully caused by the Prime Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2(e). (e) Should the Prime Contractor cause damage to the work or property of any separate contractor on the Project, the Prime Contractor shall, upon due notice, settle with the separate contractor by agreement, if the separate contractor will so settle. If the separate contractor sues the Owner or submits a claim on account of any damage alleged to have been so sustained, the Owner shall notify the Prime Contractor who shall defend such proceedings, at the Prime Contractor's sole expense, and if any judgment or award against Prime Contractor shall fully pay or satisfy it and shall reimburse the Owner for any and all attorney's fees and costs which the Owner has incurred. (f) The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Prime Contractor in Paragraph 3.14. If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the Project Site and surrounding area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up, but is not obligated to do so, and Owner shall allocate the cost among those parties responsible, as the Architect/Engineer recommends to be just. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 ARTICLE 7 - AMENDMENTS 7.1 CHANGE ORDERS (a) A Change Order is a written order to the Contractor, signed by the Owner and the Architect/Engineer, issued after execution of the Contract, authorizing a change in the Work, an adjustment in the Contract Sum, or an adjustment to the Contract Time, consistent with other applicable provisions of this Contract. The Owner, without invalidating the Contract and without requiring notice of any kind to the sureties, may order changes to the scope of Work under the Contract by additions, deletions, or other revisions, the Contract Sum and Contract Time to be adjusted consistent with other applicable provisions of this Contract. All Change Orders shall be executed on a Change Order form approved by the (b) In addition to the Owner and the Architect/Engineer, the Contractor shall sign all Change Orders to verify and confirm the terms and conditions established by Change Order; however, should the Contractor refuse to sign a Change Order, this shall not relieve him of his obligation to perform the change directed by the Owner and the Architect/Engineer to the best of his ability in accordance with the provisions of this Article 7. A Change Order signed by the Contractor indicates his agreement with all of the changes approved, including the adjustment in the Contract Sum or the Contract Time. EACH CHANGE ORDER SHALL BE SPECIFIC AND FINAL AS TO PRICES AND EXTENSIONS OF TIME, WITH NO RESERVATIONS OR OTHER PROVISIONS ALLOWING FOR FUTURE ADDITIONAL MONEY OR TIME AS A RESULT OF THE PARTICULAR CHANGES IDENTIFIED AND FULLY COMPENSATED IN THE CHANGE ORDER. The execution of a Change Order by the Contractor shall constitute conclusive evidence of releases any claim against the Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. This release applies to claims related to the cumulative impact of all Change Orders and to any claim related to the effect of a change on other Work. (c) No extra work (except under emergency conditions) or changes shall be made nor shall any substitutions, changes or additions to or omissions or deviations from the requirements of the Drawings and Specifications be made unless pursuant to a written Change Order signed by the Owner and the Architect/Engineer, it being expressly understood that the Owner shall not be liable for the cost of extra work or any substitution, change, addition, omission or deviation from the requirements of the Drawings or Specifications unless the same shall have been authorized in writing by the Owner and the Architect/Engineer in a written change order or other Amendment. The provisions of this Paragraph 7.1 shall control in the event of any inconsistency between such provisions and the other provisions of this Article 7. See Subparagraph 10.3(a) of the General Conditions for Change Orders under emergency conditions. (d) The method of determining the cost or credit to the Owner for any change in the Work shall be one of the following: Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (1) mutual acceptance of a not-to-exceed lump-sum amount properly itemized and supported by sufficient substantiating data to permit evaluation; or (2) unit prices stated in the Contract Documents or subsequently agreed upon; or (3) cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or (4) the forceaccount method provided in Subparagraph 7.1(e) (e) If the parties cannot agree to one of the methods of calculating cost provided in Clauses (d) (1), (d) (2), or (d) (3), or if the parties agree to a method but cannot agree on a final dollar figure; or if the Contractor for whatever reason refuses to sign the Change Order in question;the Contractor, provided he receives a written order signed by the Owner, shall promptly proceed with the Work involved. The cost of the Work involved shall then be calculated on the basis of the reasonable jobsite expenditures and savings of those performing the Work attributable to the changes, including a reasonable allowance for overhead and profit, such allowance in any case never to exceed fifteen (15%) per cent. In such case, the Contractor shall keep an itemized accounting of the Work involved, on a daily basis, in such form and with the appropriate supporting data as the Architect/Engineer and Owner may prescribe. Sworn copies of the itemized accounting shall be delivered to the Architect/Engineer each day during the performance of force account work, with copies to the Owner. FAILURE OF THE CONTRACTOR TO SUBMIT THE SWORN-TO ITEMIZED ACCOUNTING DAILY AS REQUIRED HEREIN SHALL CONSTITUTE A WAIVER BY THE CONTRACTOR OF ANY RIGHT TO DISPUTE THE OWNER'S DETERMINATION OF THE AMOUNT DUE THE CONTRACTOR FOR FORCE ACCOUNT WORK. Costs to be charged under this Subparagraph for force account work are limited to the following: (1) costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers compensation insurance; (2) costs of materials, supplies and equipment (but not to include off-site storage unless approved in writing by the Owner), whether incorporated or consumed; (3) rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; (4) costs of premiums for all bonds and insurance related to the Work; and (5) additional costs of supervision and field office personnel directly attributable to the changed Work. Pending final determination of cost to the Owner, payment of undisputed amounts on force account shall be included on the Architect/Engineer's Certificate of Payment as work is completed. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (f) The amount of credit to be allowed to the Owner for any deletion of Work or any other change which results in a net decrease of the Contract Sum shall be the amount of actual net cost confirmed by the Architect/Engineer plus the stated percentage for overhead and profit. When both additions and deletions or credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase or decrease with respect to that change. 7.2 SUPPLEMENTAL AGREEMENTS A written Supplemental Agreement can also be used to implement changes in the Work instead of a Change Order form, including but not limited to situations involving partial occupancy of the Work under Paragraph 9.8, a change made to the Drawings or the Specifications without an increase in the Contract Sum, or special circumstances where it is necessary or more appropriate for the Owner to use a Supplemental Agreement. Written Supplemental Agreements shall have a status equal to that of Change Orders for purposes of priority of Contract Documents interpretation, except that to the extent of a conflict, later Supplemental Agreements in time control over earlier Supplemental Agreements, and the latest Change Order or Supplemental Agreement in time controls over earlier dated Change Orders and Supplemental Agreements. The rules of Subparagraphs 7.1(b) through (f) shall also apply to the negotiation and execution of Supplemental Agreements. 7.3 MINOR CHANGES IN THE WORK The Architect/Engineer, after notifying the Owner, shall be authorized to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Minor changes shall be effected by written order, and shall be binding on the Owner and the Contractor. The Contractor shall carry out such written orders promptly. These written orders shall not be deemed to change or impact the Contract Sum or the Contract Time. Contractor shall have no Claim for any minor change ordered to the Work under this Paragraph 7.3 unless the Contractor submits its change proposal, prior to complying with the minor change ordered and in no event later than ten (10) working days from the date the minor change was ordered, to the Owner for approval. 7.4 TIME REQUIRED TO PROCESS AMENDMENTS (a) itemized breakdown of costs. Responses to proposal requests shall be submitted sufficiently in advance of the required work to allow the Owner and the Architect/Engineer a minimum of thirty (30) calendar days after receipt by the Architect/Engineer to review the itemized breakdown and to prepare or distribute additional documents as may be necessary. All of the Prime Contractor's responses to proposal requests shall include a statement that the cost described in the response represents the complete, total and final cost and additional Contract Time associated with the extra work, change, addition to, omission, deviation, substitution, or other grounds for seeking extra compensation under the Contract Documents, without reservation or further recourse. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (b) All Amendments require approval by either the City Council or, where authorized by the State law and City ordinance, by the City Manager pursuant to Administrative Action. The approval process requires a minimum of forty-five (45) calendar days after submission to the Owner in final form with all supporting data. Receipt of a submission by Owner does not constitute acceptance or approval of a proposal, nor does it constitute a warranty that the proposal will be authorized by City Council Resolution, Ordinance or Administrative Action. THE TIME REQUIRED FOR THE APPROVAL PROCESS SHALL NOT BE CONSIDERED A DELAY AND NO EXTENSIONS TO THE CONTRACT TIME OR INCREASE IN THE CONTRACT SUM WILL BE CONSIDERED OR GRANTED AS A RESULT OF THIS PROCESS. Pending the approval described above, the Contractor will proceed with the work under a pending Amendment only if directed in writing by the Owner. ARTICLE 8 - CONTRACT TIME 8.1 DEFINITIONS (a) Unless otherwise provided, the Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. (b) The date of commencement of the Work is the date established in the Notice to Proceed from the Owner. The date of commencement shall not be postponed by the failure of the Prime Contractor, or of persons or entities for whom the Prime Contractor is responsible to act promptly to commence the Work. If the Owner unreasonably delays the issuance of the notice to proceed, through no fault of the Prime Contractor, the Prime Contractor shall be entitled only to an equitable extension of the Contract Time; the Contract Sum shall remain unchanged. (c) The date of Substantial Completion is the date certified by the Architect/Engineer in accordance with Paragraph 9.7. (d) and ending at 12:00 midnight, unless otherwise specifically defined by special provision. 8.2 PROGRESS AND COMPLETION (a) Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Building Construction Services Agreement, the Prime Contractor confirms that the Contract Time is a reasonable period for performing the Work. (b) The Prime Contractor shall not knowingly, except by agreement with or instruction of the Owner in writing, prematurely commence operations on the Project site or elsewhere prior to the effective date of insurance to be furnished by the Prime Contractor as required by Article 11. The date of commencement of the Work shall not be changed by the effective date of insurance required by Article 11. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 8.3 DELAYS AND EXTENSIONS OF TIME (a) If the Prime Contractor is delayed at any time in the progress of the Work by an act or neglect of the Owner or Architect/Engineer, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Prime by other causes which the Architect/Engineer determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect/Engineer and Owner may determine. (b) Claims relating to Contract Time and time extensions shall be made in accordance with the applicable provisions of Paragraph 4.3. (c) No Damages for Delay. NOTWITHSTANDING ANY OTHER PROVISIONS OF THE CONTRACT DOCUMENTS, INCLUDING THE GENERAL CONDITIONS, NO ADJUSTMENT SHALL BE MADE TO THE CONTRACT SUM AND THE PRIME CONTRACTOR SHALL NOT BE ENTITLED TO CLAIM OR RECEIVE ANY ADDITIONAL COMPENSATION AS A RESULT OF OR ARISING OUT OF ANY DELAY, HINDRANCE, DISRUPTION, FORCE MAJEURE, IMPACT, OR INTERFERENCE, INTENTIONAL OR UNINTENTIONAL, FORESEEN OR UNFORESEEN, WHICH INCREASES THE TIME TO COMPLETE THE WORK, INCLUDING BUT NOT LIMITED TO ANY DELAYS CAUSED IN WHOLE OR IN PART BY THE ACTS, OMISSIONS, FAILURES, NEGLIGENCE, OR FAULT OF THE OWNER, THE ARCHITECT/ENGINEER, OR THE OWNER'S REPRESENTATIVE, AN EXTENSION OF THE CONTRACT TIME UNDER SUBPARAGRAPH 8.3(a) BEING THE PRIME (d) The Owner shall have the right to occupy, without prejudice to the right of either party, any completed or largely completed portions of the structure or Work, notwithstanding the fact that the Contract Time for completing all or a portion of the Work may not have expired. Partial occupancy and use shall not be deemed as an acceptance of the Work taken or used. (e) The Prime Contractor shall promptly suspend the Work when either the Prime Contractor or the Owner is ordered to do so by a court order from a court having lawful jurisdiction, and the Prime Contractor will not be entitled to additional compensation by virtue of any delays resulting from the court order. The Prime Contractor will also not be liable to the Owner for a delay caused in fact by the Work being suspended by a court order. (f) The Architect/Engineer, with the consent of the Owner, shall have the authority to suspend the Work, in whole or in part, for such period or periods as the Architect/Engineer deems necessary due to unusual or severe weather conditions as are considered unfavorable for the suitable prosecution of the Work, or due to failure on the part of the Prime Contractor to correct conditions considered unsafe for workmen or the general public. If it should become necessary to stop the Work for an indefinite period, the Prime Contractor shall store all materials in such a manner that they will not obstruct or impede the public Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 unnecessarily or become damaged in any way, and shall take every precaution to prevent damage or deterioration of the Work performed. In cases of suspension of the Work under this Subparagraph, the Prime Contractor shall also provide suitable drainage about the Work and erect temporary structures where necessary. The Prime Contractor shall not suspend the Work in whole or in part without written authority from the Architect/Engineer or the Owner, and shall resume the Work promptly when notified by the Architect/Engineer or the Owner to resume operations. (g) In the event of a delay that is the responsibility of the Prime Contractor or any of the Subcontractors, for which the Prime Contractor is not entitled to a time extension under the provisions of this Contract, the Owner may direct that the Work be accelerated by means of overtime, additional crews or additional shifts, or resequencing. This acceleration shall be at no cost to the Owner and will continue until the Contract Time is restored. In the event of a delay for which the Prime Contractor is entitled to a time extension, as determined by the Architect/Engineer, Owner may similarly direct acceleration and the Prime Contractor agrees to perform same on the basis that the Prime Contractor will be reimbursed only to the extent described in Subparagraph 4.3(i). THE PRIME CONTRACTOR EXPRESSLY WAIVES ANY OTHER COMPENSATION RESULTING FROM ACCELERATION, SUCH AS LOSS OF LABOR PRODUCTIVITY OR EFFICIENCY. ARTICLE 9 - PAYMENTS AND COMPLETION 9.1 CONTRACT SUM The Contract Sum is stated in the Building Construction Services Agreement and, including authorized adjustments, is the total amount of compensation payable by the Owner to the Prime Contractor for the performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES Before the first Application for Payment, the Prime Contractor shall submit to the Architect/Engineer a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect/Engineer may require. This schedule, when approved by the Architect/Engineer and the Owner, shall be used as a basis for the Prime Contractor's Application for Payment. The schedule of values shall follow the trade division of the Specifications. Prime Contractor's Application for Payment shall be filed on the current version of AIA Form G702 (Application and Certificate for Payment), as approved by the Owner. 9.3 APPLICATIONS FOR PAYMENT (a) At least ten (10) days before the date established for each progress payment, the Prime Contractor shall submit to the Architect/Engineer an itemized Application for Payment for Work completed in accordance with the schedule of values. The Application shall be notarized, if required, and supported by data substantiating the Prime payment as the Owner or Architect/Engineer may require, including but not limited to Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 copies of requisitions from Subcontractors and material suppliers, and reflecting the applicable retainage as required in the Contract Documents. Prime Contractor's Application for Payment shall also provide other supporting documentation as the Owner or the other applicable provisions of the Contract Documents may require. (b) Applications for Payment may not include requests for payment of amounts the Prime Contractor does not intend to pay to a Subcontractor because of a good faith dispute, unless the Prime Contractor complies with Clause 5.3(b) (2) of these General Conditions and the Prime Prime Contractor of the funds deemed to be in dispute. (c) Unless otherwise provided in the Contract Documents, progress payments shall include payment for materials and equipment delivered and suitably stored at the Project site for subsequent incorporation into the Work within thirty (30) days after delivery to the Project site. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored away from the Project site at a location agreed upon in writing. Payment for costs incurred in storage of materials or equipment away from the Project site will NOT be made by Owner unless: (1) the Owner has given prior approval of such off-site storage in writing; (2) the materials or equipment are stored in a bonded warehouse located in Denton County and identified with the Project for which they are stored, as evidenced by warehouse receipts and appropriate documents of title; and (3) the materials or equipment stored off-site will be incorporated into the Work within thirty (30) days after delivery. STORAGE IN FACILITIES OF THE MANUFACTURER OR THE PRIME CONTRACTOR WILL NOT BE PERMITTED OR PAID FOR, UNLESS THE OWNER HAS EXPRESSLY GIVEN PRIOR APPROVAL OF SUCH STORAGE IN WRITING. (d) The Prime Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Prime Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall be free and clear of liens, claims, security interests or encumbrances in favor of the Prime Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials, and equipment relating to the Work. (e) All materials or equipment delivered to the Project site earlier than thirty (30) days prior to an approved sch permission of the Owner to be stored on the Project site. If any unauthorized early delivery occurs, Prime Contractor shall, at Prime responsible Subcontractor or Supplier, cause such early delivery to be removed from the Project site and stored off-site until required at the Project site. All costs of labor, transportation and storage will be included as part of the expense. If the Prime Contractor fails or refuses to remove unauthorized early delivery materials, the Owner may cause such materials to be removed at the Prime Contractor's sole expense, and amounts may be Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 withheld from the Prime Contractor's Application for Payment to reimburse the Owner for any costs incurred in removing unauthorized early delivery materials. OWNER WILL NOT BE RESPONSIBLE FOR THE PROTECTION OF OR RISK OF LOSS ON ANY EARLY DELIVERY MATERIALS OR EQUIPMENT, NOR WILL OWNER BE LIABLE FOR ANY PAYMENT FOR THE EARLY DELIVERY MATERIALS OR EQUIPMENT. Any materials or equipment classified as early delivery will not be approved for payment as stored materials prior to thirty (30) days before the incorporation of the materials or equipment into the Work, unless storage and payment at an earlier date is expressly approved in writing by the Owner. (f) If the Contract Sum is equal to or less than $25,000, and if performance and payment bonds are not furnished by the Contractor, then no payment applied for will be payable under the Contract until the Work has been finally completed and accepted. 9.4 CERTIFICATES FOR PAYMENT (a) The Architect/Engineer will, within ten (10) days after receipt of the Prime Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Prime Contractor, for such amount as the Architect/Engineer determines is properly due, or notify the Prime Contractor and Owner in writing reasons for withholding certification in whole or in part as provided in: (a) City of Denton General Conditions for Building Construction. (b) Subparagraph 9.5(a). The Certificate for Payment shall be issued on the current version of AIA Form G702 (Application and Certificate for Payment) as approved by the Owner. (c) The issuance of a Certificate for Payment will constitute a representation by the and the data comprising the Application for Payment, that the Work has progressed to the e, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial and Final Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to Final Completion and to specific qualifications expressed by the Architect/Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Prime approval. The issuance of a Certificate for Payment is not a representation that the Architect/Engineer has: (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Prime payment; or Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (4) made examination to ascertain how or for what purpose the Prime Contractor has used money previously paid on account of the Contract Sum. (d) Whenever the Application for Payment for Work done since the last previous Application for Payment exceeds one hundred dollars ($100.00) in amount, Owner will pay a percentage of the Application, less applicable retainage, to the Prime Contractor within eipt and approval of the Certificate for Payment certified by the Architect/Engineer. The Application may include acceptable nonperishable materials delivered to the Work or stored as provided for in Paragraph 9.3(c) and the payment will be allowed on the net invoice value, less taxes and applicable retainage. (e) The City is required to withhold five percent (5%) retainage for public works contracts in which the total contract price estimate at the time of execution is more than $400,000; however, this requirement is applied by the City for all public works contracts in excess of $50,000. The retainage will be withheld by the Owner from each progress payment until final completion of the Work by the Contractor, approval of final completion by the Architect/Engineer, and final acceptance of the Work by the Owner. Unless otherwise required by state law, the retainage percentage as specified above is based upon the original Contract Sum, and will not be affected in the event the original Contract Sum is subsequently increased by Change Order. (f) No progress payments shall be made on contracts where performance and payment bonds are not required or furnished. In such instances, payment for the Work performed will be made upon final completion and acceptance by the Owner of all Work. 9.5 DECISIONS TO WITHHOLD CERTIFICATION (a) The Architect/Engineer or the Owner may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect to the Owner required by Subparagraph 9.4(b) cannot be made. If the Architect/Engineer or the Owner is unable to certify payment in the amount of the Application, the Architect/Engineer or the Owner will notify the Prime Contractor as provided in Subparagraph 9.4(a). If the Prime Contractor and Architect/Engineer or the Owner cannot agree on a revised amount, the Architect/Engineer will promptly issue a Certificate for Payment for the amount for which the Architect/Engineer is able to make the required representations to the Owner. The Architect/Engineer or the Owner may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued protect the Owner from loss because of: (1) defective or nonconforming Work not remedied; (2) third-party claims filed or reasonable evidence indicating probable filing of such claims; Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (3) failure of the Prime Contractor to make payments properly to Subcontractors or for labor, materials, or equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; (5) damage to the Owner or another contractor; (6) reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or damages for the anticipated delay; (7) persistent failure to carry out the Work in accordance with the Contract Documents; or (8) mathematical or other errors that are discovered in the Application for Payment. (b) When all of the above reasons that existed for withholding certification are removed or remedied, then, at that time, certification will be made for amounts previously withheld. (c) The Owner may, at its option, offset any progress payment or final payment under the Contract Documents against any debt (including taxes) lawfully due to the Owner from the Prime Contractor, regardless of whether the amount due arises pursuant to the terms of the Contract Documents or otherwise, and regardless of whether or not the debt due to the Owner has been reduced to judgment by a court. 9.6 PROGRESS PAYMENTS (a) After the Architect/Engineer has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect/Engineer. The Owner shall not be liable for interest on any late or delayed progress payment or final payment caused by any claim or dispute, any discrepancy in quantities, any failure to provide supporting documentation or other information required with the Application for Payment or as a precondition to payment under the Contract Documents, or due to any payment the Owner or the Architect/Engineer has a right to withhold or not certify under the Contract Documents. Notwithstanding the foregoing, the Owner may refuse to make payment on any Certificate for Payment (including, without limitation, the final Certificate for Payment) for any default under the Contract Documents, including but not limited to those defaults set forth in Subparagraph 9.5(a), Clauses (1) through (7). The Owner shall not be deemed in default by reason of withholding payment while any Prime Contractor default remains uncured. (b) The Prime Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Prime Contractor on account of each reflecting percentages actually retained from payments to the Prime Contractor on account of such Subcontractors portion of the Work. The Prime Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub- subcontractors in similar manner. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (c) The Architect/Engineer will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Prime Contractor and action taken thereon by the Architect/Engineer and the Owner on account of portions of the Work done by such Subcontractor. (d) Neither the Owner nor the Architect/Engineer shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. That obligation belongs to the Prime Contractor or, in the event of the Prime to pay a Subcontractor, to the Surety on the Payment Bond as required under Paragraph 11.3. (e) Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6(b), (c), and (d). (f) A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not performed in accordance with the Contract Documents. 9.7 SUBSTANTIAL COMPLETION (a) The Date of Substantial Completion of the Work, or designated portion of the Work, is the date certified by the Architect/Engineer when construction is sufficiently completed in accordance with the City Of Denton General Conditions For Building Construction. (a) the Contract Documents such that the Owner may beneficially occupy and use the Work, or designated portions of the Work, for the purposes for which it is intended and only trivial and insignificant items remain which do not affect the Work as a whole. (b) When the Prime Contractor considers that the Work, or the portion of the Work which the Owner agrees to accept separately, is Substantially Complete, the Prime Contractor shall prepare and submit to the Architect/Engineer a comprehensive list of remaining items to be completed or corrected. The Prime Contractor shall proceed promptly to complete and the punch list does not alter the responsibility of the Prime Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the punch list, the Architect/Engineer will make an inspection to determine whether the Work, or designated discloses any item, whether or not included on the punch list, which is not in accordance with the requirements of the Contract Documents and which renders the Work inspected not Substantially Complete the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct the item upon notification by the Architect/Engineer. The Prime Contractor shall then submit a request for another inspection by the Architect/Engineer to determine Substantial Completion. When the Work or designated portion of the Work is Substantially Complete, the Architect/Engineer will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and the Prime Contractor for Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Prime Contractor shall finish all items on the punch list accompanying the Certificate. (c) The Certificate of Substantial Completion shall be submitted to the Owner and the Prime Contractor for their written acceptance of responsibilities assigned to them in the Certificate. (d) Upon Substantial Completion of the Work or designated portion thereof and upon application by the Prime Contractor and certification by the Architect/Engineer, the Owner shall make payment, reflecting adjustment in retainage, if any, for the Work, or portion of the Work, as provided in the Contract Documents. 9.8 PARTIAL OCCUPANCY OR USE (a) The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate Supplemental Agreement with the Prime Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.2(e) and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is Substantially Complete, provided the Owner and Prime Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Prime Contractor considers a portion Substantially Complete, the Prime Contractor shall prepare and submit a list to the Architect/Engineer as provided under Subparagraph 9.7(b). Consent of the Prime Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Prime Contractor or, if no agreement is reached, by decision of the Architect/Engineer. (b) Immediately prior to such partial occupancy or use, the Owner, Prime Contractor, and Architect/Engineer shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. (c) Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.9 FINAL COMPLETION AND FINAL PAYMENT (a) Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect/Engineer, accompanied esentative, will promptly make final inspection and, when the Architect/Engineer finds the Work acceptable under the Contract Documents and the Contract Documents fully performed, the Architect/Engineer will promptly issue a final Certificate for Payment s Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Prime Contractor and for Payment will constitute a further representation that conditions listed in Subparagraph 9.9(b) as a condition precedent to the Prime have been fulfilled. Owner will normally make final payment within thirty (30) days after Owner's receipt and approval of the final Certificate for Payment. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work, unless otherwise provided by separate agreement between the Owner and the Prime Contractor. (b) Neither final payment nor any remaining retained percentage shall become due until the Prime Contractor submits to the Architect/Engineer: (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner; (3) a written statement that the Prime Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) a consent of surety to final payment; and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. (c) As a precondition to final payment by the Owner under this Contract, the Prime Contractor's affidavit under Clause (b)(1) shall state that the Prime Contractor has paid each of his subcontractors, laborers or materialmen in full for all labor and materials provided to Contractor for the Work performed under this Contract. In the event the Prime Contractor has not paid each of his subcontractors, laborers or materialmen in full, the Prime Contractor shall state in the affidavit the amount owed and the name of each subcontractor, laborer or materialmen to whom such payment is owed. IN ANY EVENT, THE PRIME CONTRACTOR SHALL BE REQUIRED TO EXECUTE THE OWNER'S STANDARD AFFIDAVIT OF FINAL PAYMENT AND RELEASE AS A PRECONDITION TO RECEIPT OF FINAL PAYMENT. (d) If, after Substantial Completion of the Work, final completion of the Work is materially delayed through no fault of the Prime Contractor or by issuance of Change Orders affecting final completion and the Architect/Engineer confirms the delay, the Owner shall, upon application by the Prime Contractor and certification by the Architect/Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect/Engineer prior to certification of payment. Payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. (e) The acceptance by the Prime Contractor of the final payment shall operate as and shall be a complete release of the Owner from all claims or liabilities under the Contract, for anything done or furnished or relating to the Work or the Project, or for any act or neglect of the Owner relating to or connected with the Work or the Project. ARTICLE 10 SAFETY, SECURITY AND UTILITY PROVISIONS; ENVIRONMENTAL COMPLIANCE 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Prime Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract, and will comply with all applicable City, County, State and Federal health and safety regulations. 10.2 SAFETY OF PERSONS AND PROPERTY (a) The Prime Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (1) employees on the Work and other persons who may be affected thereby; (2) the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Prime Contractor or the Prime Subcontractors or Sub-subcontractors; and (3) other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. (b) The Prime Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. (c) The Prime Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (d) When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Prime Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. (e) USE OF EXPLOSIVES - CLAIMS AND TOTAL INDEMNIFICATION. The Owner shall have the right to pre-approve the use of any explosives on the Project; the Prime Contractor shall not assume in its bid that permission to use explosives will be granted. The Owner shall NOT be liable for any claim for additional time or compensation as a result of the Owner's denial of permission to use explosives. Where use of explosives is permitted by the Owner, the Prime Contractor EXPRESSLY AGREES TO BE SOLELY RESPONSIBLE for the determination as to whether explosives shall actually be used, and for any result from the use, handling or storage of explosives, and shall INDEMNIFY, DEFEND AND HOLD COMPLETELY HARMLESS the Owner, its officers, agents and employees, and the Architect/Engineer against any and all claims, lawsuits, judgments, costs or expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, as the result of the use, handling or storage of the explosives by the Prime Contractor or any Subcontractor, REGARDLESS OF WHETHER SAID USE, HANDLING OR STORAGE WAS NEGLIGENT OR NOT, AND REGARDLESS OF WHETHER THE DAMAGE OR INJURY WAS CONTRIBUTED TO IN ANY WAY BY THE NEGLIGENCE OR FAULT OF THE OWNER, ITS OFFICERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES, OR THE ARCHITECT/ENGINEER AND ITS OFFICERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES. In the event of conflict with any other indemnity paragraph in this Contract, this paragraph controls. This indemnity paragraph is intended solely for the benefit of the parties to this Contract and is not intended to create or grant any rights, contractual or otherwise, to or for any other person or entity. The Prime Contractor shall furnish the Owner and the Architect/Engineer with evidence of insurance sufficient to cover possible damage or injury, which insurance shall either include the Owner and the Architect/Engineer as additional insureds or be sufficiently broad in coverage as to fully protect the Owner and the Architect/Engineer. All explosives shall be stored in a safe and secure manner, under the care of a competent watchman at all times, and all storage places shall be marked clearly and conspicuously: "DANGEROUS- EXPLOSIVES." The method of storing and handling explosives and highly flammable materials shall conform to Federal and State laws, City of Denton ordinances, and the City of Denton Fire Department regulations. The Prime Contractor shall notify any telecommunications and public utility company and any private property owners having structures in the proximity of the Project Site of the Prime explosives, and such notice shall be given sufficiently in advance to enable the telecommunications and public utility companies and private property owners to take such steps as they may deem necessary to protect their property from injury. The notice shall not relieve the Prime Contractor of any responsibility for damage resulting from any blasting operations. (f) The Prime Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2(a)(2) and 10.2(a)(3) caused in whole or in part by the Prime Contractor, a Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 for whose acts they may be liable and for which the Prime Contractor is responsible under Clauses 10.2(a)(2) and 10.2(a)(3), except damage or loss attributable to acts or omissions of the Owner or Architect/Engineer or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Prime Contractor or any of its Subcontractors. The foregoing obligations of the Prime Contractor are in addition to the Prime under Paragraph 3.l9. To the extent that any such damage or loss may be covered by property insurance or other insurance required by the Contract Documents, the Owner and the Prime Contractor shall exercise their best efforts to make a claim and obtain recovery from the insurers to provide for the cost, in whole or in part, of the repair work or to provide for reimbursement for such damage or loss. (g) The Prime Contractor shall designate a responsible member of the Prime organization at the site whose duty shall be the prevention of accidents. This person shall be the Prime Prime Contractor in writing to the Owner and Architect/Engineer. (h) The Prime Contractor shall not load or permit any part of the Work or the Project site to be loaded so as to endanger its safety. 10.3 EMERGENCIES In an emergency affecting safety, health, or security of persons or property, the Prime Contractor shall act, at the Prime injury, or loss. Additional compensation or extension of time claimed by the Prime Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. 10.4 PUBLIC CONVENIENCE AND SAFETY (a) The Prime Contractor shall place materials stored about the Work and shall conduct the Work at all times in a manner that causes no greater obstruction to the public than is considered necessary by the Owner. Sidewalks or streets shall not be obstructed, except by special permission of the Owner. The materials excavated and the construction materials or plant used in the performance of the Work shall be placed in a manner that does not endanger the Work or prevent free access to all fire hydrants, water mains and appurtenances, water valves, gas valves, manholes for the telephone, telegraph signal or electric conduits, wastewater mains and appurtenances, and fire alarm or police call boxes in the vicinity. (b) The Owner reserves the right to remedy any neglect on the part of the Prime Contractor in regard to public convenience and safety which may come to the Owner's attention, after twenty-four (24) hours notice in writing to the Prime Contractor. In case of an emergency, the Owner shall have the right to immediately remedy any neglect without notice. In either case, the cost of any work done by the Owner to remedy the Prime Prime Contractor shall notify the City Traffic Control Department when any street is to be closed or Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 obstructed. The notice shall, in the case of major thoroughfares or street upon which transit lines operate, be forty-eight (48) hours in advance. The Owner reserves the right to postpone or prohibit any closure or obstruction of any streets or thoroughfares to the extent necessary for the safety and benefit of the traveling public. The Prime Contractor shall, when directed by the Architect/Engineer or the Owner, keep any street or streets in condition for unobstructed use by City departments. When the Prime Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or around structures, the Prime include the roadway approaches as well as the crossing structures. 10.5 BARRICADES, LIGHTS AND WATCHMEN If the Work is carried on or adjacent to any street, alley or public place, the Prime Contractor shall, at the Prime barricades, fences, lights and danger signals, shall provide sufficient watchmen, and shall take such other precautionary measures as are necessary for the protection of persons or property and of the Work. All barricades shall be painted in a color that will be visible at night, shall indicate in bold letters thereon the Prime Contractor's name and shall be shall mean flares, flashers, or other illuminated devices. A sufficient number of barricades with adequate markings and directional devices shall also be erected to keep vehicles from being driven on or into any Work under construction. The Prime Contractor will be held responsible for all damage to the Work due to failure of barricades, signs, lights and watchmen to protect the Work. Whenever evidence is found of such damage, the Architect/Engineer may order the damaged portion immediately removed and replaced by the Prime Contractor at Prime Contractor's cost and expense. The Prime Contractor's responsibility for maintenance of barricades, signs, and lights, and for providing watchmen, shall not cease until the Project has been finally accepted by the Owner. 10.6 PUBLIC UTILITIES AND OTHER PROPERTIES TO BE CHANGED In case it is necessary to change or move the property of the Owner or of any telecommunications or public utility, such property shall not be removed or interfered with until ordered to do so by the Architect/Engineer. The right is reserved to the owner of any public or private utilities to enter upon the Project site for the purpose of making such changes or repairs of their property that may become necessary during the performance of the Work. The Owner reserves the right of entry upon the Project site for any purpose, including repairing or relaying sewer and water lines and appurtenances, repairing structures, and for making other repairs, changes, or extensions to any of the Owner's property. The Owner's actions shall conform to the Prime Contractor's current and approved schedule for the performance of the Work, provided that proper notification of schedule requirements has been given to the Owner by the Prime Contractor. 10.7 TEMPORARY STORM SEWER AND DRAIN CONNECTIONS When existing storm sewers or drains have to be taken up or removed, the Prime Contractor shall at his own expense provide and maintain temporary outlets and connections for all Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 public and private storm sewers and drains. The Prime Contractor shall also take care of all storm sewage and drainage which will be received from these storm drains and sewers; for this purpose, the Prime Contractor shall provide and maintain, at the Prime expense, adequate pumping facilities and temporary outlets or diversions. The Prime Contractor shall, at the Prime other structures necessary and shall be prepared at all times to dispose of storm drainage and sewage received from these temporary connections until such time as the permanent connections are built and in service. The existing storm sewers and connections shall be kept in service and maintained under the Contract, except where specified or ordered to be abandoned by the Architect/Engineer. All storm water and sewage shall be disposed of in a satisfactory manner so that no nuisance is created and that the Work under construction will be adequately protected. 10.8 ARRANGEMENT AND CHARGE FOR WATER FURNISHED BY THE OWNER; ELECTRICITY FOR THE PROJECT (a) When the Prime Contractor desires to use the Owner's water in connection with the Work, the Prime Contractor shall make complete and satisfactory arrangements with the Denton Water Utilities Department and shall be responsible for the cost of the water the Prime Contractor uses. Where meters are used, the charge will be at the regular established rate; where no meters are used, the charge will be as prescribed by City ordinance, or where no ordinance applies, payment shall be based on estimates made by the Denton Water Utilities Department. (b) The Prime Contractor shall make complete and satisfactory arrangements for electricity and metered electrical connections with the Owner or with Denton Municipal Electric in the event that separately metered electrical connections are required for the Project. The Prime Contractor shall pay for all electricity used in the performance of the Work through separate metered electrical connections obtained by the Prime Contractor through the City of Denton. 10.9 USE OF FIRE HYDRANTS The Prime Contractor, Subcontractors, and any other person working on the Project shall not open, turn off, interfere with, attach any pipe or hose to, or connect anything with any fire hydrant, stop valve, or stop cock, or tap any water main belonging to the Owner, unless duly authorized to do so by the Denton Water Utilities Department in accordance with the Denton City Code. 10.10 ENVIRONMENTAL COMPLIANCE (a) The Prime Contractor and its Subcontractors are deemed to have made themselves familiar with and at all times shall comply with all applicable federal, state or local laws, rules, regulations, ordinances, and rules of common law now in effect (including any amendments now in effect), relating to the environment, Hazardous Substances or exposure to Hazardous Substances, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.A. §§ Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C.A. §§ 1801, et seq.; the Resource Conservation and Recovery Act of 1976, 42 U.S.C.A. §§ 6901, et seq.; the Federal Water Pollution Control Act, 33 U.S.C.A §§ 1201, et seq.; the Toxic Substances Control Act, 15 U.S.C.A. §§ 2601, et seq.; the Clean Air Act, 42 U.S.C.A. §§ 7401, et seq.; the Safe Drinking Water Act, 42 U.S.C.A. §§ 3808, et seq., and any current judicial or administrative interpretation of these laws, rules, regulations, ordinances, or rules of common law, including but not limited to any judicial or administrative order, consent decree, or judgment affecting the Project. (b) In the event the Prime Contractor encounters on the site materials reasonably believed to be a Hazardous Substance that have not been rendered harmless, and removal of such materials is not a part of the scope of Work required under the Contract Documents, the Prime Contractor shall immediately stop Work in the affected area and report in writing the facts of such encounter to the Architect/Engineer and the Owner. Work in the affected area shall not thereafter be resumed except by written order of the Owner unless and until the material is determined not to be a Hazardous Substance or the Hazardous Substance is remediated. The Owner may choose to remediate the Hazardous Substance with a separate contractor or through a Change Order with the Prime Contractor. If the Owner determines that the Hazardous Substance exists in the affected area due to the fault or negligence of the Prime Contractor or any of its Subcontractors, the Prime Contractor shall be responsible for remediating the condition at the sole expense of the Prime Contractor in accordance with the Prime APPROVED Spill Remediation Plan. An extension of the Contract Time for any delay in the progress schedule caused as a result of the discovery and remediation of a Hazardous Substance may be granted by the Owner only if all remaining Work on the Project must be suspended and the delay cannot be made up elsewhere in the progress schedule. Any request for an extension of the Contract Time related to the discovery and remediation of a Hazardous Substance is subject to the provisions of Paragraph 4.3 and Article 8. (c) The Prime Contractor shall be responsible for identification, abatement, cleanup, control, removal, remediation, and disposal of any Hazardous Substance brought into or upon the site by the Prime Contractor or any Subcontractor or Supplier. The Prime Contractor shall obtain any and all permits necessary for the legal and proper handling, transportation, and disposal of the Hazardous Substance and shall, prior to undertaking any abatement, cleanup, control, removal, remediation, and disposal, notify the Owner and the Architect/Engineer so that they may observe the activities; provided, however, that it shall be the Prime laws, rules, regulations, or ordinances governing the activities. (d) Spill Prevention Plan. At least seventy-two (72) hours prior to commencing performance of any of the Work at the Project site, the Prime Contractor shall submit to the Owner for review and approval a Spill Prevention and Response Plan (SPRP) meeting the requirements of federal and state law, rules, and regulations. The SPRP shall be specially designed for the Prime Contractor's planned work methods and procedures. The SPRP shall be designed to complement all applicable safety standards, fire prevention regulations, and pollution prevention policies and procedures. The Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 SPRP shall include estimates of the quantity and rate of flow should equipment fail, and detail containment or diversionary structures to prevent spills from leaving the site or migrating into adjacent properties or navigable waters. The SPRP shall include methods of recovery of spilled materials and all applicable twenty-four (24) hour emergency phone numbers, including without limitation Manager or other designated representative. The Prime Contractor shall not commence any field work prior to approval of such plan by the Owner. The following additional rules shall apply with respect to spills caused by the Prime Contractor or a Subcontractor: (1) The Prime Contractor shall immediately report any spill or release at the Project Manager or other designated representative. Thereafter, within two (2) working days after the occurrence of such event, the Prime Contractor shall submit a written report describing such event in a degree of detail reasonably acceptable to the Owner. (2) The Prime Contractor shall immediately respond in accordance with the SPRP in the event of a spill. (3) The Prime Contractor shall dispose of spilled materials in accordance with EPA and Texas Commission on Environmental Quality (TCEQ) regulations and any other applicable federal, state, or local laws, rules, or regulations. In connection with such disposals, the Prime Contractor shall use only those transporters and disposal facilities that are approved in advance in writing by the Owner. A copy of all transport manifests for the spilled materials shall be obtained and retained in the Prime the Architect/Engineer, the Owner, or any governmental regulatory agency with jurisdiction over the matter. ALL COSTS OF COLLECTION, CONTAINMENT, AND DISPOSAL OF SPILLED MATERIALS SHALL BE THE SOLE RESPONSIBILITY OF THE PRIME CONTRACTOR. (4) environmental discharge or release. (e) Clean Air Management Plan. The Prime Contractor shall comply with the Clean Air Management Plan submitted to and approved by the Owner during the contractor selection process. The Owner reserves the right, at the Prime to require the removal or retrofitting of any equipment used in the course of construction that does not comply with the Plan submitted to and approved by the Owner. (f) The Prime Contractor shall deposit surplus or waste excavation or other materials removed as part of the Work at a legal disposal site in accordance with all applicable state, federal, and local laws, rules, regulations, and ordinances. The Prime Contractor shall submit to the Owner for review and approval all planned disposal sites or proposed uses for the surplus or waste excavation or other materials prior to removal Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 of any excavation or other material from the Project site. A copy of all transport manifests for surplus or waste excavation or other materials shall be obtained and retained in the Prime vided upon request to the Architect/Engineer, the Owner, or any governmental regulatory agency with jurisdiction over the matter. (g) The Prime Contractor is responsible for obtaining all TXPDES Storm Water Permits from TCEQ for construction of the Project under regulations contained in 40 CFR Part 122, as amended, pursuant to the Clean Water Act, 33 U.S.C.A. §§1251 et seq. These regulations require the filing of a notice of intent to obtain and abide by the general storm water permit for construction activities promulgated by EPA, including but not limited to cleaning, grading, and excavation that disturb the applicable amount of total land area. In addition, the Prime Contractor shall comply with all regulations of the Owner relating to storm water and storm water runoff management at the Project site pursuant to Chapter 19, Article IX, Denton City Code, as amended. (h) The Prime Contractor shall not install any materials in the performance of the Work that contain asbestos or asbestos-related material such as hydrated mineral silicate, including chrysolite, amosite, crocidolite, tremolite, anthophylite or actinolite, whether friable or non-friable. (i) The Owner reserves the right in its sole option to exercise the following remedies (without waiving the right to pursue the imposition of any civil or criminal fines or penalties that may be imposed under state, federal, or local laws or ordinances), at no additional cost to the Owner and without an extension of the Contract Time, in the event the Prime Contractor fails or refuses after seven (7) days advance written notice from the Owner to comply with the provisions of this Paragraph 10.10, the terms of the SPRP, the terms of the Clean Air Management Plan, any storm water permit or other environmental permit issued in connection with the Work, or any applicable environmental law, rule, regulation, or ordinance: (1) suspend all or any portion of the Work until the noncompliance is corrected, or until a detailed plan to achieve compliance within a reasonably prompt period of time is prepared by the Prime Contractor and approved by the Owner; (2) if the Prime Contractor fails to properly address the noncompliance within the time stipulated by the Owner, perform the necessary remediation or correction work and backcharge the Prime Contractor for the cost of the remediation or correction; or (3) terminate the Contract for cause as provided in Article 13. ART ICLE 11 INSURANCE AND BONDS 11.1 PRIME Prime Contractors shall refer to the requirements listed within the solicitation document and resulting contract for all City of Denton insurance requirements. Should a conflict arise between the solicitation document and the resulting contract, the requirements set forth in the actual contract shall prevail. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 11.2 PROPERTY INSURANCE Prime Contractors shall refer to the requirements listed within the solicitation document and resulting contract for all City of Denton insurance requirements. Should a conflict arise between the solicitation document and the resulting contract, the requirements set forth in the actual contract shall prevail. 11.3 Prime Contractors shall refer to the requirements listed within the solicitation document and resulting contract for all City of Denton insurance requirements. Should a conflict arise between the solicitation document and the resulting contract, the requirements set forth in the actual contract shall prevail. 11.4 POLICY ENDORSEMENTS AND SPECIAL CONDITIONS Prime Contractors shall refer to the requirements listed within the solicitation document and resulting contract for all City of Denton insurance requirements. Should a conflict arise between the solicitation document and the resulting contract, the requirements set forth in the actual contract shall prevail. 11.5 PERFORMANCE AND PAYMENT BONDS (a) Subject to the provisions of Subparagraph 11.5(b), the Prime Contractor shall, with the execution and delivery of the Construction Services Agreement, furnish and file with the Owner in the amounts required in this Paragraph, the surety bonds described in Clauses (a)(1) and (a)(2) below, which surety bonds shall be in accordance with the Charter of the City of Denton and the provisions of Chapter 2253, Texas Government Code, as amended; each bond shall be signed by the Prime Contractor, as Principal, and by an established bonding company, as surety, meeting the requirements of Subparagraph 11.5(c) and approved by the Owner. The surety bonds shall be accompanied by an appropriate Power- of-Attorney clearly establishing the extent and limitations of the authority of each signer to so sign: (1) Performance Bond. A good and sufficient bond in an amount equal to 100% of the total Contract Sum, guaranteeing the full and faithful execution of the Work and performance of the Contract in accordance with Plans, Specifications and all other Contract Documents, including any Amendments thereof, for the protection of the Owner. This bond shall also provide for the repair and maintenance of all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and acceptance of the improvements by the Owner or lesser or longer periods as may be otherwise designated in the Contract Documents. (2) Payment Bond. A good and sufficient bond in an amount equal to 100% of the total Contract Sum, guaranteeing the full and prompt payment of all claimants supplying labor or materials in the prosecution of the Work provided for in the Contract Documents and any Amendments thereto, and for the use and protection of each claimant. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (b) If the Contract Sum, including Owner-accepted alternates and allowances, if any, is greater than $50,000, Payment bonds in 100% of the Contract Sum are mandatory and shall be required to be provided by the Contractor. If the Contract Sum is greater than $100,000, a Payment Bond and Performance Bond in 100% of the Contract amount is mandatory. (c) No surety will be accepted by the Owner who is now in default or delinquent on any bonds or who is a party to any litigation against the Owner. All bonds shall be made and executed on the Owner's standard forms, shall be approved by the Owner, and shall be executed by not less than one corporate surety that is authorized and admitted to do business in the State of Texas, is licensed by the State of Texas to issue surety bonds, is listed in the most current United States Department of the Treasury List of Acceptable Sureties, and is otherwise acceptable to the Owner. Each bond shall be executed by the Prime Contractor and the surety, and shall specify that legal venue for enforcement of each bond shall lie exclusively in Denton County, Texas. Each surety shall designate an agent resident in Denton County, Texas to whom any requisite statutory notices may be delivered and on whom service of process may be had in matters arising out of the suretyship. (d) Contractor will be required to furnish original performance and payment bonds for 100 percent of the total submission price before work is to commence. The Contractor shall assume all costs in increasing the bond limits if change orders are formally approved. Bonds shall be in accordance with the V.T.C.A Government Code Section 2253.021, as amended, from a surety licensed to do business in the State of Texas. The City, at its option, may waive the payment and performance bond requirements for projects of less than $50,000. Bond forms are attached and shall be returned upon notice of contract award by the City. Bonds should be forwarded to the City of Denton within fourteen (14) calendar days from contract award. This contract is not fully executed until payment and performance bonds are received and accepted by the City. Upon approval, a purchase order will be issued. (e) The failure of the Contractor to deliver the required statutory bonds and evidence of insurance within fourteen (14) calendar days after the Contract is awarded shall constitute a material breach of the Prime Contract award and collect or retain the proceeds of the bid security. By reason of the uncertainty of the market prices or materials and labor, and it being impracticable and difficult to determine accurately the amount of damages occurring to the Owner by reason of the Prime Contractor's failure to execute and furnish the statutory bonds within fourteen (14) calendar days, the filing of a bid proposal with the accompanying bid security will be considered as an acceptance of this Subparagraph 11.5(e). In the event the Owner should re-advertise for bids, the defaulting Prime Contractor shall not be eligible to bid, and the lowest responsible bid obtained in the re-advertisement shall be the bid referred to in this Paragraph. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 ARTICLE 12 DEFECTIVE AND NONCONFORMING WORK 12.1 UNCOVERING OF WORK (a) requirements specifically expressed in the Contract Documents, the Work must, if observation and be replaced at the Prime Contract Time. (b) If a portion of the Work has been covered which the Architect/Engineer has not specifically requested to observe prior to it being covered, the Architect/Engineer may request to see such Work and it shall be uncovered by the Prime Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If any Work is not in accordance with the Contract Documents, the Prime Contractor shall pay the costs of uncovering, repair, replacement unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK (a) The Prime Contractor shall promptly correct Work rejected by the Architect/Engineer as failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Prime Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the y. (b) If any of the Work is found to be defective or nonconforming with the requirements of the Contract Documents, the Prime Contractor shall correct it promptly after receipt of written notice from the Architect/Engineer or the Owner to do so unless the Owner has previously given the Prime Contractor a written acceptance or waiver of the defect or nonconformity. The Prime Work remains in effect for: (1) one year after the date of Substantial Completion of the Work or designated portion of the Work; (2) one year after the date for commencement of warranties established by agreement in connection with partial occupancy under Subparagraph 9.8(a); or (3) the stipulated duration of any applicable special warranty required by the Contract Documents. (c) The one-year period described in Clauses (b)(1) and (b)(2) shall be extended with respect to portions of the Work performed, repaired, or corrected after Substantial Completion by the period of time between Substantial Completion and the actual completion of the Work. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (d) The obligations of the Prime Contractor under this Paragraph 12.2 shall survive final acceptance of the Work and termination of this Contract. The Owner shall give notice to the Prime Contractor promptly after discovery of a defective or nonconforming condition in the Work. The one-year period stated in Clauses (b)(1) and (b)(2) does not limit the ability of the Owner to require the Prime Contractor to correct latent defects or nonconformities in the Work, which defects or nonconformities could not have been discovered through reasonable diligence by the Owner or the Architect/Engineer at the time the Work was performed or at the time of inspection for certification of Substantial Completion or Final Completion. The one year period also does not relieve the Prime Contractor from liability for any defects or deficiencies in the Work that may be discovered after the expiration of the one year correction period. (e) The Prime Contractor shall remove from the Project site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Prime Contractor nor accepted by the Owner. (f) If the Prime Contractor fails to correct defective or nonconforming Work within a reasonable time after notice from the Owner or the Architect/Engineer, the Owner may correct it in accordance with Paragraph 2.4. If the Prime Contractor does not proceed with correction of defective or nonconforming Work within a reasonable time fixed by written notice from the Architect/Engineer, the Owner may remove or replace the defective or nonconforming Work and store the salvageable materials or equipment at the Prime expense. If the Prime Contractor does not pay costs of removal and storage within ten days after written notice, the Owner may, upon ten (10) additional days written notice, sell the materials and equipment at auction or at private sale and shall account for the proceeds after deducting costs and damages that should have been borne by the Prime and expenses made necessary as a result of the sale. If the proceeds of sale do not cover costs which the Prime Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments due to the Prime Contractor then or thereafter are not sufficient to cover the deficiency, the Prime Contractor shall pay the difference to the Owner. (g) The Prime Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or separate contractors, whether the construction is completed or partially completed, that is caused by the Prime removal of Work which is not in accordance with the requirements of the Contract Documents. (h) Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Prime Contractor might have under the Contract Documents. Establishment of the one-year time period as described in Subparagraph 12.2(b) relates only to the specific obligation of the Prime Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Prime liability with respect to the Prime o correct the Work. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (i) Any Work repaired or replaced pursuant to this Article 12 shall be subject to the provisions of Article 12 to the same extent as Work originally performed or installed. 12.3 ACCEPTANCE OF NONCONFORMING WORK The Owner may, in the O the requirements of the Contract Documents instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. The adjustment will be accomplished whether or not final payment has been made. ARTICLE 13 COMPLETION OF THE CONTRACT; TERMINATION; TEMPORARY SUSPENSION 13.1 FINAL COMPLETION OF CONTRACT The Contract will be considered completed, except as provided in any warranty or maintenance stipulations, bond, or by law, when all the Work has been finally completed, the final inspection is made by the Architect/Engineer, and final acceptance and final payment is made by the Owner. 13.2 WARRANTY FULFILLMENT Prior to the expiration of the specified warranty period provided for in the Contract Documents, the Architect/Engineer will make a detailed inspection of the Work and will advise the Prime Contractor and the Prime correction. The Architect/Engineer will make a subsequent inspection and if the corrections have been properly performed, the Architect/Engineer will issue a letter of release on the maintenance stipulations to the Prime Contractor and the Surety. If for any reason the Prime Contractor has not made the required corrections before the expiration of the warranty period, the warranty provisions as provided for in the Contract Documents shall remain in effect until the corrections have been properly performed and a letter of release issued. 13.3 TERMINATION BY THE OWNER FOR CAUSE (a) Notwithstanding any other provision of these General Conditions, the Work or any portion of the Work may be terminated immediately by the Owner for any good cause after giving seven (7) days advance written notice and opportunity to cure to the Prime Contractor, including but not limited to the following causes: (1) Failure or refusal of the Prime Contractor to start the Work within ten (10) days after the date of written notice by the Owner to commence the Work. (2) A reasonable belief that the progress of the Work being made by the Prime Contractor is insufficient to complete the Work within the specified time. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (3) Failure or refusal of the Prime Contractor to provide sufficient and proper equipment or construction forces to properly execute the Work in a timely manner. (4) A reasonable belief that the Prime Contractor has abandoned the Work. (5) A reasonable belief that the Contractor has become insolvent, bankrupt, or otherwise financially unable to carry on the Work. (6) Failure or refusal on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any written orders given by the Architect/Engineer or the Owner as provided for in the Contract Documents. (7) Failure or refusal of the Prime Contractor to promptly make good any defects in materials or workmanship, or any defects of any nature, the correction of which has been directed in writing by the Architect/Engineer. (8) A reasonable belief by the Owner that collusion exists or has occurred for the purpose of illegally procuring the Contract or a Subcontractor, or that a fraud is being perpetrated on the Owner in connection with the construction of Work under the Contract. (9) Repeated and flagrant violation of safe working procedures. (10) The filing by the Prime Contractor of litigation against the Owner prior to completion of the Work. (b) When the Work or any portion of the Work is terminated for any of the causes itemized above or for any other cause except termination for convenience pursuant to Subparagraph 13.3(e), the Prime Contractor shall, as of the date specified by the Owner, discontinue the Work or portion of the Work as the Owner shall designate, whereupon the surety shall, within fifteen (15) days after the written notice of termination for cause has been served upon the Prime Contractor and the surety or its authorized agents, assume the obligations of the Prime Contractor for the Work or that portion of the Work which the Owner has ordered the Prime Contractor to discontinue and may: (1) perform the Work with forces employed by the surety; (2) with the written consent of the Owner, tender a replacement contractor to take over and perform the Work, in which event the surety shall be responsible for and pay the amount of any costs required to be incurred for the completion of the Work that are in excess of the amount of funds remaining under the Contract as of the time of the termination; or (3) with the written consent of the Owner, tender and pay to the Owner in settlement the amount of money necessary to finish the balance of uncompleted Work under the Contract, correct existing defective or nonconforming Work, and compensate the Owner for any other loss sustained as a result of Prime Contractor's default. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 In the event of termination for cause involving Clause (b)(1) or (b)(2), the Surety shall assume the Prime Contractor's place in all respects, and the amount of funds remaining unpaid under the Contract shall be paid by the Owner for all Work performed by the surety or the replacement contractor in accordance with the terms of the Contract Documents, subject to any rights of the Owner to deduct any costs, damages, or actual damages that the Owner may have incurred, including but not limited to additional fees and expenses of the Architect/Engineer and attorneys fees, as a result of such termination. (c) The balance of the Contract Sum remaining at the time of the Prime and of the termination shall become due and payable to the surety as the Work progresses, subject to all of the terms, covenants, and conditions of the Contract Documents. If the surety does not, within the time specified in Subparagraph 13.3(b), exercise its obligation to assume the obligations of the Contract, or that portion of the Contract which the Owner has ordered the Prime Contractor to discontinue, then the Owner shall have the power to complete the Work by contract or otherwise, as it may deem necessary. The Prime Contractor agrees that the Owner shall have the right to take possession of or use any or all of the materials, plant, tools, equipment, supplies, and property of every kind provided by the Prime Contractor for the purpose of the Work, and to procure other tools, equipment, labor, and materials for the completion of the Work, and to charge to the account of the Prime Contractor the expenses of completion and labor, materials, tools, equipment, and incidental expenses. The expenses incurred by the Owner to complete the Work shall be deducted by the Owner out of the balance of the Contract Sum remaining unpaid to or unearned by the Contractor. The Prime Contractor and the surety shall be liable to the Owner for any costs incurred in excess of the balance of the Contract Sum for the completion and correction of the Work, and for any other costs, damages, expenses (including but not limited to additional fees of termination. (d) The Owner shall not be required to obtain the lowest bid for the Work of completing the Contract as described in Subparagraph 13.3(c), but the expenses to be deducted from less than the sum which would have been payable under the Contract, if the same had been completed by the Prime Contractor, then the Owner may pay to the Prime Contractor (or the Surety, in the event of a complete termination for cause) the difference in the cost, provided that the Prime Contractor (or the Surety) shall not be entitled to any claim for damages or for loss of anticipated profits. In case such expenses for completion shall exceed the amount which would have been payable under the Contract if the same had been completed by the Prime Contractor, then the Prime Contractor and his Sureties shall pay the amount of the excess to the Owner on notice from the Owner for excess due. When only a particular part of the Work is being carried on by the Owner by contract or otherwise under the provisions of this Subparagraph, the Prime Contractor shall continue the remainder of the Work in conformity with the terms of the Contract, and in such manner as not to hinder or interfere with the performance of workmen employed and provided by the Owner. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (e) The unconditional right to terminate this Contract for the convenience of the Owner (including but not limited to non-appropriation of funding) is expressly retained by the Owner. In the event of termination for convenience, the Owner shall deliver at least ten (10) days advance written notice of termination for convenience to the Prime Contractor. Upon the Prime Prime Contractor shall cease the performance of the Work and shall take reasonable and appropriate action to secure and protect the Work in place. The Prime Contractor shall then be reimbursed by the Owner in accordance with the terms and provisions of the Contract Documents, not to exceed actual labor costs incurred, materials stored at the Project site or away from the Project site as approved by the Owner but not yet paid for, plus actual, reasonable, and documented termination charges, if any, paid by the Prime Contractor in connection with the Work in place which is completed and in conformance with the Contract Documents to the date of termination for convenience. No amount shall ever be due to the Prime Contractor for lost or anticipated profits. 13.4 TEMPORARY SUSPENSION OF THE WORK (a) The Work or any portion of the Work may be temporarily suspended by the Owner immediately upon written notice to the Prime Contractor for any reason, including but not limited to: (1) the causes described in Clauses 13.1(a)(1) through (a)(10) above; (2) where other provisions in the Contract Documents require or permit temporary suspension of the Work; (3) situations where the Work is threatened by, contributes to, or causes an immediate threat to public health, safety, or security; or (4) other unforeseen conditions or circumstances. (b) The Prime Contractor shall immediately resume the temporarily suspended Work when ordered in writing by the Owner to do so. The Owner shall not under any circumstances be liable for any claim of the Prime Contractor arising from a temporary suspension due to a cause described in Clause (a)(1) above; provided, however, that in the case of a temporary suspension for any of the reasons described under Clauses (a)(2) through (a)(4), where the Prime Contractor is not a contributing cause of the suspension under one of those Clauses or where the provision of the Contract Documents in question specifically provides that the suspension is at no cost to the Owner, the Owner will make an equitable adjustment for the following items, provided that a claim is properly made by the Prime Contractor under Subparagraph 4.3 of these General Conditions: (1) an equitable extension of the Contract Time, not to exceed the actual delay caused by the temporary suspension as determined by the Architect/Engineer and the Owner; Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 (2) an equitable adjustment to the Contract Sum for the actual, necessary, and reasonable costs of properly protecting any Work that is finished or partially finished during the period of the temporary suspension (no profit and overhead shall be allowed on top of these costs); and (3) if it becomes necessary to move equipment from the Project site and then return it to the Project site when the Work is ordered to be resumed, an equitable adjustment to the Contract Sum for the actual, necessary, and reasonable cost of these moves; provided, however, that no adjustment shall be due if the equipment is moved to another Project site of the Owner. ARTICLE 14 MISCELLANEOUS PROVISIONS 14.1 GOVERNING LAW; COMPLIANCE WITH LAWS AND REGULATIONS (a) This Contract shall be in all things governed by the laws of the State of Texas without regard to conflict of laws principles. (b) The Contractor shall, during the performance of the Work, comply with all applicable City codes and ordinances, as amended, and all applicable State and Federal laws, rules and regulations, as amended. 14.2 SUCCESSORS AND ASSIGNS The Owner and the Prime Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to the promises, covenants, terms, conditions, and obligations contained in the Contract Documents. The Prime Contractor shall not assign, transfer, or convey its interest or rights in the Contract, in part or as a whole, without written consent of the Owner. If the Prime Contractor attempts to make an assignment, transfer, or conveyance without the Ow legally responsible for all obligations under the Contract Documents. The Owner shall not assign any portion of the Contract Sum due or to become due under this Contract without the written consent of the Prime Contractor, except where assignment is compelled or allowed by court order, the terms of the Contract Documents, or other operation of law. 14.3 WRITTEN NOTICE Except as otherwise provided in Article 16, any notice, payment, statement, or demand required or permitted to be given under this Contract by either party to the other may be effected by personal delivery in writing or by mail, postage prepaid to the Project Manager or Superintendent of either party, or to an officer, partner, or other designated representative of either party. Mailed notices shall be addressed to the parties at an address designated by each party, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three (3) days after mailing. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 14.4 RIGHTS AND REMEDIES; NO WAIVER OF RIGHTS BY OWNER (a) The duties and obligations imposed on the Prime Contractor by the Contract Documents and the rights and remedies available to the Owner under the Contract Documents shall be in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or made available by law. (b) No action or failure to act by the Owner shall constitute a waiver of a right afforded the Owner under the Contract Documents, nor shall any action or failure to act by the Owner constitute approval of or acquiescence in a breach of the Contract by Prime Contractor, except as may be specifically agreed in writing by Change Order or Supplemental Agreement. 14.5 INTEREST The Owner shall not be liable for interest on any progress or final payment to be made under the Contract Documents, except as may be provided by the applicable provisions of the Prompt Payment Act, Chapter 2251, Texas Government Code, as amended, subject to Paragraph 9.6(a) of these General Conditions. 14.6 OFFICERS OR EMPLOYEES OF THE OWNER NOT TO HAVE FINANCIAL INTEREST IN ANY CONTRACT OF THE OWNER No officer or employee of the Owner shall have a financial interest, direct or indirect, in any Contract with the Owner, or be financially interested, directly or indirectly, in the sale to the Owner of any land, materials, supplies or services, except on behalf of the Owner as an officer or employee. Any violation of this article shall constitute malfeasance in office, and any officer or employee of Owner guilty thereof shall thereby forfeit his office or position. Any violation of this section, with the knowledge, express or implied, of the person, persons, partnership, company, firm, association or corporation contracting with the Owner shall render the Contract involved voidable by the Owner's City Manager or City Council. 14.7 VENUE This Contract is deemed to be performed in Denton County, Texas, and if legal action is necessary to enforce this Contract, exclusive venue shall lie in Denton County, Texas. 14.8 INDEPENDENT CONTRACTOR In performing the Work under this Contract, the relationship between the Owner and the Prime Contractor is that of an independent contractor. The Prime Contractor shall exercise independent judgment in performing the Work and is solely responsible for setting working hours, scheduling or prioritizing the Work flow and determining the means and methods of performing the Work, subject only to the requirements of the Contract Documents. No term or provision of this Contract shall be construed as making the Prime Contractor an agent, servant, or employee of the Owner, or making the Prime Contractor or any of the Prime insurance and worker's compensation, which the Owner provides to its employees. Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 14.9 NONDISCRIMINATION As a condition of this Contract, the Prime Contractor covenants that he will take all necessary actions to insure that, in connection with any work under this Contract, the Prime Contractor and its Subcontractors will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, sexual orientation, or handicap unrelated to job performance, either directly, indirectly or through contractual or other arrangements. The Prime Contractor shall also comply with all applicable requirements of the Americans with Disabilities Act, 42 U.S.C.A. §§12101-12213, as amended. In this regard, the Prime Contractor shall keep, retain and safeguard all records relating to his Contract or Work performed thereunder for a minimum period of three (3) years from final Contract completion, with full access allowed to authorized representatives of the Owner, upon request, for purposes of evaluating compliance with this and other provisions of the Contract. 14.10 GIFTS TO PUBLIC SERVANTS (a) The Owner may terminate this Contract immediately if the Prime Contractor has offered, conferred, or agreed to confer any benefit on a City of Denton employee or official that the City of Denton employee or official is prohibited by law from accepting. (b) For purposes of this Article, "benefit" means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct or substantial interest, but does not include a contribution or expenditure made and reported in accordance with law. (c) Notwithstanding any other legal remedies, the Owner may require the Prime Contractor to remove any employee of the Prime Contractor from the Project who has violated the restrictions of this Article or any similar State or Federal law, and obtain reimbursement for any expenditures made to the Prime Contractor as a result of the improper offer, agreement to confer, or conferring of a benefit to a City of Denton employee or official. ARTICLE 15 RIGHT TO AUDIT CONTRACTOR'S RECORDS By execution of the Building Construction Services Agreement, the Prime Contractor grants the Owner the right to audit, at the Owner's election, all of the Prime Contractor's records and billings relating to the performance of the Work under the Contract Documents. The Prime Contractor agrees to retain its Project records for a minimum of five (5) years following completion of the Work. The Owner agrees that it will exercise the right to audit only at reasonable hours. City may review any and all of the services performed by Prime Contractor under this Contract. Any payment, settlement, satisfaction, or release made or provided during the course of performance Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 ARTICLE 16 NOTICE OF CONTRACT CLAIM This Contract is subject to the provisions of the Denton City Code, as amended, relating to requirements for filing a notice of a breach of contract claim against City. Prime Contractor shall comply with the requirements of this ordinance as a precondition of any litigation relating to this Contract, in addition to all other requirements in this Contract related to claims and notice of claims. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1. Final negotiated contract 2. RFP/Bid documents 3. 4. Purchase order 5. Contractor terms and conditions Contract 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 EXHIBIT D PAYMENT AND PERFORMANCE BOND REQUIREMENTS Contractor will be required to furnish original performance and payment bonds for one hundred (100%) percent of the total submission price before work is to commence. The Contractor shall assume all costs in increasing the bond limits if change orders are formally approved. Bonds shall be in accordance with the V.T.C.A Government Code Section 2253.021, as amended, from a surety licensed to do business in the State of Texas. The City, at its option, may waive the payment and performance bond requirements for projects of less than $50,000. Bond forms are attached and shall be returned upon notice of contract award by the City. Bonds should be forwarded to the City of Denton within fourteen (14) calendar days from contract award. This contract is not fully executed until payment and performance bonds are received and accepted by the City. Upon approval, a purchase order will be issued. Contract # 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 EXHIBIT E INSURANCE REQUIREMENTS AND COMPENSATION REQUIREMENTS Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A or better. Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers. Contract # 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: \[X\] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Contract # 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. \[X\] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned hired and non-owned autos. \[X\] addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 pensation Commission (TWCC). \[ \] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a $1,000,000.00 aggregate. \[ \] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. Contract # 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 \[ \] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. \[X\] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. \[ \] Environmental Liability Insurance Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this contract. \[ \] Riggers Insurance Said coverage may be on the existing CGL coverage; through and Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11, Said coverage shall mirror the limits provided by the CGL coverage \[ \] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity oyees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. \[ \] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. Contract # 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 ATTACHMENT 1 \[X\] pensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and Contract # 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and Contract # 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. Th by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Contract # 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 Exhibit F Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 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 Texas Ethics Contract # 7020 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 EXHIBIT G 7020 Pricing Sheet - Construction of Three (2019) Playgrounds-BAFO Respondent's Business Name: Whirlix Design Principal Place of Business (City and State): Richardson Texas Product Proposal Pricing (PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED F.O.B DESTINATION): EST. Estimated Delivery Product DescriptionDescription 2Unit Price Item #UOM ARO (Business Days) QTY. SECTION A - Carl Young Sr. Park (327 South Wood Street-Denton, TX)) υ ААͲЉЉЉ͵ЉЉ ЋБΏЍЋ ķğǤƭ 11EA ЎΏЊЋ tƌğǤŭƩƚǒƓķ 9ƨǒźƦƒĻƓƷ ğƓķ LƓƭƷğƌƌğƷźƚƓhƦƷźƚƓ Њ υ ЊͲЍЊЏ͵ЉЉ Ў ķğǤƭ 21EA/ƚƓƭƷƩǒĭƷźƚƓ CĻƓĭźƓŭ tƩƚķǒĭƷƭ Ʒƚ ĬĻ ƩĻƦƌğĭĻķ ǒƓķĻƩ ƷŷĻ υ ЎЉЉ͵ЉЉЎ ǤĻğƩƭ 31EA{ǒƦƦƌĻƒĻƓƷğƌ {ĻƩǝźĭĻ ğƩƩğƓƷǤ ƒğƓǒŅğĭƷǒƩĻƩγƭ ǞğƩƩğƓƷǤ Ǟźƌƌ ĬĻ ƩĻƒƚǝĻķ ğƓķ ƩĻźƓƭƷğƌƌĻķ ĬǤ ƷŷĻ ǝĻƓķƚƩ Total Cost of Section A - Carl Young Sr. Park: $ 78,916.00 SECTION B - Nette Shultz Park (1517 Mistywood Lane-Denton, TX) ЋБΏЍЋ ķğǤƭ 2-5 and 5-12 Playground Equipment and Installation υ ЊЍЍͲЉЉЉ͵ЉЉ 41EA hƦƷźƚƓ Њ Ў ķğǤƭ υ ЊͲБЉЉ͵ЉЉ 51EA/ƚƓƭƷƩǒĭƷźƚƓ CĻƓĭźƓŭ tƩƚķǒĭƷƭ Ʒƚ ĬĻ ƩĻƦƌğĭĻķ ǒƓķĻƩ ƷŷĻ ƒğƓǒŅğĭƷǒƩĻƩγƭ ǞğƩƩğƓƷǤ Ǟźƌƌ ĬĻ ƩĻƒƚǝĻķ ğƓķ υ ЎЉЉ͵ЉЉ Ў ǤĻğƩƭ 61EA {ǒƦƦƌĻƒĻƓƷğƌ {ĻƩǝźĭĻ ğƩƩğƓƷǤ ƩĻźƓƭƷğƌƌĻķ ĬǤ ƷŷĻ ǝĻƓķƚƩ Total Cost of Section B - Nette Shultz Park: $ 146,300.00 SECTION C - Patrick Park (6500 Ridglea Ct.-Argyle, TX) ЋБΏЍЋ ķğǤƭ 71EA ЋΏЎ ğƓķ ЎΏЊЋ tƌğǤŭƩƚǒƓķ 9ƨǒźƦƒĻƓƷ ğƓķ LƓƭƷğƌƌğƷźƚƓ υ ЊЋЎͲАЉЉ͵ЉЉ hƦƷźƚƓ Њ Ў ķğǤƭ 81EA υ ЊͲЌАЎ͵ЉЉ /ƚƓƭƷƩǒĭƷźƚƓ CĻƓĭźƓŭ tƩƚķǒĭƷƭ Ʒƚ ĬĻ ƩĻƦƌğĭĻķ ǒƓķĻƩ ƷŷĻ Ў ǤĻğƩƭ 91EA ƒğƓǒŅğĭƷǒƩĻƩγƭ ǞğƩƩğƓƷǤ Ǟźƌƌ ĬĻ ƩĻƒƚǝĻķ ğƓķ υ ЎЉЉ͵ЉЉ {ǒƦƦƌĻƒĻƓƷğƌ {ĻƩǝźĭĻ ğƩƩğƓƷǤ ƩĻźƓƭƷğƌƌĻķ ĬǤ ƷŷĻ ǝĻƓķƚƩ Total Cost of Section C - Ridglea Ct. (Patrick Park): $ 127,575.00 Total Cost of Section A - Carl Young Sr. Park: $ 78,916.00 Total Cost of Section B - Nette Shultz Park: $ 146,300.00 Total Cost of Section C - Ridglea Ct. (Patrick Park): $ 127,575.00 Grand Total of All Parks $ 352,791.00 DocuSign Envelope ID: 60AE9C9C-38CF-4261-BA57-63F1E9A5EA41 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: 60AE9C9C38CF4261BA5763F1E9A5EA41Status: Sent Subject: Please DocuSign: City Council Contract 7020-Construction of Three Park Playgrounds Source Envelope: Document Pages: 82Signatures: 4Envelope Originator: Certificate Pages: 6Initials: 1Jody Word AutoNav: Enabled901B Texas Street EnvelopeId Stamping: EnabledDenton, TX 76209 Time Zone: (UTC-08:00) Pacific Time (US & Canada)jody.word@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: OriginalHolder: Jody WordLocation: DocuSign 7/23/2019 12:50:38 PM jody.word@cityofdenton.com Signer EventsSignatureTimestamp Jody WordSent: 7/23/2019 12:55:13 PM Completed jody.word@cityofdenton.comViewed: 7/23/2019 12:55:22 PM Senior BuyerSigned: 7/23/2019 12:56:11 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: 7/23/2019 12:56:13 PM lori.hewell@cityofdenton.comViewed: 7/23/2019 1:32:45 PM Purchasing ManagerSigned: 7/23/2019 1:33:16 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: 7/23/2019 1:33:19 PM mack.reinwand@cityofdenton.comViewed: 7/25/2019 10:16:07 AM City of DentonSigned: 7/25/2019 10:19:16 AM 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 Jason EdmundsonSent: 7/25/2019 10:19:19 AM jedmundson@whirlix.comResent: 7/25/2019 11:41:26 AM PresidentResent: 7/25/2019 12:20:14 PM Security Level: Email, Account Authentication Resent: 7/26/2019 6:09:36 AM Signature Adoption: Pre-selected Style (None) Resent: 7/29/2019 9:26:27 AM Using IP Address: 47.187.216.65 Viewed: 7/25/2019 10:54:17 AM Signed using mobile Signed: 7/29/2019 10:52:35 AM Electronic Record and Signature Disclosure: Accepted: 7/25/2019 10:54:17 AM ID: a451b3ef-a401-42d6-9a03-1828eb08b542 Signer EventsSignatureTimestamp Gary PackanSent: 7/29/2019 10:52:41 AM Gary.packan@cityofdenton.comViewed: 7/29/2019 11:17:01 AM Director of Parks and RecreationSigned: 7/29/2019 11:18:50 AM Security Level: Email, Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 129.120.6.150 Electronic Record and Signature Disclosure: Accepted: 7/29/2019 11:17:01 AM ID: 0a8cc2c4-795d-4517-8c95-d4affea3a6b0 Cheyenne DefeeSent: 7/29/2019 11:18:54 AM cheyenne.defee@cityofdenton.com Paralegal 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 9:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Rosa Rios rosa.rios@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 Cheyenne DefeeSent: 7/23/2019 12:56:14 PM cheyenne.defee@cityofdenton.com Paralegal City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri ThurmanSent: 7/23/2019 12:56:14 PM sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Carbon Copy EventsStatusTimestamp 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 Jason Donnell Jason.Donnell@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Drew Huffman drew.huffman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/13/2018 12:52:26 PM ID: 0fcc9a04-4fe5-41d0-935e-32877832cf92 Russell Koch Russell.Koch@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Tyler jennifer.tyler@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness EventsSignatureTimestamp Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted7/29/2019 11:18:54 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 19-1901,Version:2 AGENDA CAPTION Consider approval of the minutes of August 5 and August 6, 2019. City of DentonPage 1 of 1Printed on 8/16/2019 powered by Legistar™ CITY OF DENTON CITY COUNCIL MINUTES August 5, 2019 After determining that a quorum was present, the City Council of the City of Denton, Texas and the Denton Independent School District (DISD) Board of Trustees convened in a Work Session on Monday, August 5, 2019, at 11:35 a.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor, and Paul Meltzer ABSENT: None Also present were City Manager Todd Hileman and City Attorney Aaron Leal Members representing the Denton Independent School District (DISD) were Vice President Mia Price, Secretary Doug Chadwick and Board Members Charles Stafford, Jim Alexander, and Dorothy Martinez. Also present were Superintendent Jamie Wilson and Board Attorney Randy Stout. WORK SESSION A. ID 19-1791 Receive a report from Denton ISD and hold a discussion regarding the Mentor Denton Program. Council Member Jesse Davis had a conflict of interest and was not present during discussion of the item. The presentation was made by Denton ISD Vice President Mia Price and discussion followed. Following discussion, there was no direction provided as the item was only for presentation purposes. B.ID 19-1792 Receive a report from City of Denton staff and hold a discussion regarding road construction projects, including, but not limited to, the following: 1) Bonnie Brae Street, 2) Teasley Lane/FM 2181 including sidewalks, 3) US Highway 377, 4) I-35E and I-35W, 5) Mayhill Road, 6) McKinney Street, and 7) FM 428. The presentation was made and discussion followed. Following discussion, there was no direction provided as the item was only for presentation purposes. Council Member Davis arrived at 12:38 p.m. City of Denton City Council Minutes August 5, 2019 pg. 2 C.ID 19-1793 Receive a report from City of Denton staff and hold a discussion regarding the projects included in the proposed 2019 City of Denton bond program. The presentation was made and discussion followed. Following discussion, there was no direction provided as the item was only for presentation purposes With no further business, Mayor Watts adjourned the City Council Meeting at 1:12 p.m. Denton ISD Vice President Price subsequently adjourned the Denton ISD meeting at 1:12 p.m. ____________________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS ____________________________________ ROSA RIOS CITY SECRETARY CITY OF DENTON, TEXAS MINUTES APPROVED ON: _____________________________________________ CITY OF DENTON CITY COUNCIL MINUTES August 6, 2019 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, August 6, 2019, at 12:02 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT:Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor, and PaulMeltzer ABSENT:None Also present were City Manager Todd Hileman,City Attorney Aaron Leal,and Deputy City Manager Mario Canizares WORK SESSION 1. Citizen Comments on Consent Agenda Items None. 2. Requests for clarification of agenda items listed on this agenda. Consent Item 4.I (ID 19-1829) - Removed from consideration at staff’s request Consent Item 4.J (ID 19-1844) - Removed from consideration at staff’s request 3. Work Session Reports A. ID 19-1879 Receive a report, hold a discussion, and give staff direction regarding the City’s proposed agreement with the Denton Parks Foundation. The presentation was made and discussion followed. Following discussion, staff was directed to pursue a Memorandum of Understanding with the Denton Parks Foundation. B. ID 19-1781 Receive a report, hold a discussion, and give staff direction regarding the prohibition of parking on the north side of Gregg Street between Fulton Street and Denton Street. The presentation was made and discussion followed. Following discussion, staff was directed to prepare a presentation for a future meeting outlining staff’s recommendations. City of Denton City Council Minutes August 6, 2019 Page 2 C. ID 19-1378 Receive a report and hold a discussion on staffing levels, departmental resources, and recruitment and training efforts in the Denton Police Department. The presentation was made and discussion followed. Following discussion, there was no direction provided as the item was only a quarterly report. D. ID 19-1881 Receive a report, hold a discussion, and give staff direction regarding the 2019 Bond Program. The presentation was made and discussion followed. The meeting was recessed for a short break at 1:47 p.m. and reconvened at 1:54 p.m. th Following discussion, staff was directed to prepare a presentation for the August 13meeting to include input received during the public hearing scheduled during the Special Meeting being held later in the evening. E. ID 19-1684 Receive a report, hold a discussion, and give staff direction regarding research on tiny house villages for individuals experiencing homelessness and the proposed Denton Basic Services Center project addressed during Presentations from Members of the Public at the August 7, 2018 City Council meeting and June 18, 2019 City Council meeting. The presentation was made and discussion followed. The meeting was recessed for a short break at 2:46 p.m. and reconvened at 2:54 p.m. Following discussion, staff was directed to continue with dialogue and present any opportunities identified at a future meeting. CLOSED MEETING- NOT HELD 1. The Closed Meeting was not held. Therefore, there was no deliberation of the following items. A. ID 19-1755 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City’s attorneys on the status, strategy, and potential resolution of litigation styled, Adolfo Fabela Rios v. City of Denton, Cause No. 17-6532-16, currently pending in the 16th District Court of Denton County, Texas, where public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or otherwise compromise the City’s legal position in pending litigation. NOT DELIBERATED City of Denton City Council Minutes August 6, 2019 Page 3 B. ID 19-1800 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. Deliberate and discuss competitive information regarding public power operational and financial matters pertaining to the purchases and risks of wholesale energy supply pertaining to the proposed electric budget. NOT DELIBERATED SPECIAL CALLED MEETING After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Special Called Meeting on Tuesday, August 6, 2019, at 6:33 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT:Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor, and Paul Meltzer ABSENT:None Also present were City Manager Todd Hileman and City Attorney Aaron Leal 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B.Texas Flag 2. PROCLAMATIONS/PRESENTATIONS A. ID 19-1757 Summer Youth Job Program 2019 - ISSUED B. ID 19-1758 National Health Center Week - ISSUED 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public. A. ID 19-1775 Brandi Price, 627 Bernard Street,regarding the Citizen’s Climate Lobby’s bipartisan climate change fee and dividend plan to stop carbon pollution - PRESENTED B. ID 19-1784 Craig Clifton, 407 Normal Street,regarding the aquifer under the SRO being built by Park 7 at Normal -Bryan - Scripture Streets - PRESENTED City of Denton City Council Minutes August 6, 2019 Page 4 C. Additional Citizen Reports (Open Microphone) Eva Grecco, 802 W. Oak Street -stated a lot of roadwork in the City with roads being down and buses being rerouted; problems being experienced in getting transportation Lesly Gutierrez, 902 Vine Street -stated she is a member of EYES OUT Coalition and provided information on its purpose, actions by white supremacy and call for service in several areas 4. CONSENT AGENDA The consent agenda consisted of Items 4.A-K. Items 4.I (ID 19-1829) and 4.J (ID 1844) were pulled from consideration at staff’s request. Mayor Pro Tem Hudspeth moved to adopt the Consent Agenda, now consisting of items 4.A-H, and 4.K. Motion seconded by Council Member Meltzer. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None A. ID 19-1449 An ordinance of the City of Denton authorizing the City Manager, or his designee, to execute a Memorandum of Understanding by and between United Way of Denton County, Inc. and the City of Denton and providing for the expenditure of funds for Homelessness initiatives in the amount of $80,000 for partial funding for staffing of the program in furtherance of the coordinated system of homeless assistance programs; authorizing the expenditure of funds therefor; and providing an effective date. ASSIGNED ORDINANCE NO. 19-1449 B. ID 19-1715 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home- rule municipal corporation, rejecting any and all competitive bids under IFB 7013 for the Lake Lewisville Water Treatment Plant (LLWTP) Phase II rehabilitation and modification of the Lake Lewisville raw water structures and installation of dual chemical feed systems at Lake Lewisville and Lake Ray Roberts; and providing an effective date (IFB 7013). The Public Utilities Board recommends approval (5-0). ASSIGNED ORDINANCE NO. 19-1715 C. ID 19-1594 Consider adoption of an ordinance partially releasing, abandoning, and vacating a 165 square foot tract of an existing 420 square foot guy wire and anchor easement granted to the City of Denton by Bob E. Tripp on January 20, 1976, and recorded in Volume 771 Page 703 in the Deed Records of Denton County, Texas; and fully releasing, abandoning, and vacating (I) a 0.175 acre public access easement granted to the City of Denton by McKamy Development, Ltd., a Texas limited partnership ("McKamy Development") on August 28, 2002, recorded as Instrument No. 2003-60472 in the Real Property Records of Denton County, Texas; (II) a 0.175 acre public access easement granted to the City of Denton City of Denton City Council Minutes August 6, 2019 Page 5 by McKamy Development on August 28, 2002, recorded as Instrument No. 2003-60473 in the Real Property Records of Denton County, Texas; (III) a 0.406 acre public drainage easement granted to the City of Denton by McKamy Development on August 28, 2002, recorded as Instrument No. 2003-60471 in the Real Property Records of Denton County, Texas; and (IV) a 0.283 acre public drainage easement granted to the City of Denton by McKamy Development on August 28, 2002, recorded as Instrument No. 2003-60470 in the Real Property Records of Denton County, Texas; providing for severability and an effective date. (Evers way Addition -guy wire easement, access easements and drainage easements abandonments) ASSIGNED ORDINANCE NO. 19-1594 D. ID 19-1756 Consider adoption of an ordinance approving a Compromise Settlement Agreement implementing the terms of a claim settlement in litigation styled Adolfo Fabela Rios v. City of Denton, Cause No. 17-6532-16, pending in the 16th Judicial District Court of Denton County Texas, as discussed in closed session; and further approving the expenditure of funds therefor; and directing the City Manager, or his designee, and the City’s Attorneys to effectuate as necessary and appropriate the terms of the Compromise Settlement Agreement; and declaring an effective date. ASSIGNED ORDINANCE NO. 19-1756 E. ID 19-1465 Consider the adoption of an ordinance of the City of Denton prohibiting on-street parking along the north side of Gregg Street between Fulton Street and Denton Street; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton; and providing for an effective date. Traffic Safety Commission recommends 5-0. ASSIGNED ORDINANCE NO. 19-1465 F. ID 19-1777 Consider adoption of an ordinance of the City of Denton amending Chapter 18 of the Code of Ordinances by modifying Section 18-210 Subsection A12 to update the school zone limits on Pockrus Page Road for Pecan Creek Elementary; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $200 for violations of this ordinance; providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton; and providing for an effective date. ASSIGNED ORDINANCE NO. 19-1777 G. ID 19-1790 Consider approval of the minutes of July 16 and July 23, 2019. H. ID 19-1817 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Bibliotheca, LLC, for the purchase of CloudLibrary digital services for downloadable eBooks and Audiobooks for the Denton Public Library, which is the sole provider of this software. In accordance with Texas Local Government Code 252.022 which provides that procurement of commodities and services that are available from one source are exempt from competitive City of Denton City Council Minutes August 6, 2019 Page 6 bidding; and if over $50,000 shall be awarded by the governing body; and providing an effective date. (File 7121 - awarded to Bibliotheca, LLC in the three (3) year not-to-exceed amount of $342,142). ASSIGNED ORDINANCE NO. 19-1817 K. ID 19-1847 Consider approval of a resolution of the City of Denton, Texas dissolving the Special Citizens Bond Advisory Committee for the Proposed 2019 bond election; ending appointments to the Committee; and declaring an effective date. ASSIGNED RESOLUTIONNO. 19-1847 ITEMS PULLED FROM CONSIDERATION I. ID 19-1829 Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his designee, to execute a Memorandum of Understanding with the Texas Department of Public Safety, State of Texas, authorizing the Denton Police Department to perform uniform commercial vehicle weight inspections and enforcement for the period of August 1, 2019 through August 1, 2021; and providing an effective date. As announced earlier in the meeting, the item was pulled from consideration at staff’s request. J. ID 19-1844 Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his designee, to execute a Memorandum of Understanding with the Texas Department of Public Safety authorizing the Denton Police Department to perform uniform commercial vehicle weight inspections and enforcement for the period of August 1, 2019 through August 1, 2021; and providing an effective date. As announced earlier in the meeting, the item was pulled from consideration at staff’s request. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 19-1060 Consider adoption of an ordinance by the City of Denton, a Texas home-rule municipal corporation authorizing the City Manager, or his designee, to execute an Interlocal Agreement with the University of North Texas to define the duties and obligations involved with the coordination of public safety related efforts; and providing an effective date. ASSIGNED ORDINANCE NO. 19-1060 Council Members Armintor and Meltzer had a conflict of interest and left the Council Chambers. The presentation was made and discussion followed. City of Denton City Council Minutes August 6, 2019 Page 7 Council Member Ryan moved to approve the item as presented. Motion seconded by Mayor Pro Tem Hudspeth. Motion carried. AYES (5): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, and Ryan NAYS (0): None ABSTAIN (2): Council Members Armintor and Meltzer B. ID 19-1764 Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Animal Shelter Advisory Committee, Board of Ethics, Committee on Persons with Disabilities, Community Development Advisory Committee, Human Services Advisory Committee, Library Board, Parks, Recreation & Beautification Board, Planning & Zoning Commission, Public Art Committee, Public Utilities Board, Traffic Safety Commission, and Zoning Board of Adjustment. Mayor Watts pulled the proposed appointment of David Zoltner (Board of Ethics)for individual vote. Council Member Ryan moved to appoint the following as noted: STATUS & MEMBER QUALIFICATION BOARD/COMMITTEE/ COUNCIL NOMINATING MEMBER FIRST NEW TERM OR COMMISSION PLACE CCM LAST NAME NAME PREFERENCE, IF ANY September 1, Reappointment Animal Shelter Advisory 2019 7 Watts Tiffany Thomson (Qualif.: 2/City Committee through Official) August 30, 2021 UNEXPIRED September 1, Board of Ethics - New ALL - 3 Davis Robert Swanbeck 2018 Alternate (Pref.: 0/None) through August 30, 2020 UNEXPIRED September 1, Committee on Persons 6 Meltzer Sara (Sally) Austin 2018 New with Disabilities through August 30, 2020 September 1, Community 2019 Development Advisory 2 Briggs Jane Piper-Lunt Reappointment through Committee August 30, 2021 September 1, Human Services Advisory 2019 3 Davis Patricia Barrington New Committee through August 30, 2021 September 1, Human Services Advisory 2019 5 Armintor Amy Morgan Reappointment Committee through August 30, 2021 September 1, 2019 Library Board 2 Briggs Kate Margolis Reappointment through August 30, 2021 City of Denton City Council Minutes August 6, 2019 Page 8 STATUS & MEMBER QUALIFICATION BOARD/COMMITTEE/ COUNCIL NOMINATING MEMBER FIRST NEW TERM OR COMMISSION PLACE CCM LAST NAME NAME PREFERENCE, IF ANY September 1, 2019 Library Board 6 Meltzer Benjamin Huttash New through August 30, 2021 September 1, Parks, Recreation and 2019 New 6 Meltzer James Emerich Beautification Board through August 30, 2021 September 1, Parks, Recreation and 2019 7 Watts Frances Punch Reappointment Beautification Board through August 30, 2021 September 1, Planning & Zoning 2019 2 Briggs Larry Beck Reappointment Commission through August 30, 2021 September 1, Planning & Zoning 2019 7 Watts Tim Smith Reappointment Commission through August 30, 2021 September 1, 2019 Public Art Committee 6 Meltzer Ed Steele Reappointment through August 30, 2021 September 1, 2019 Public Utilities Board5 Armintor Susan Parker Reappointment through August 30, 2023 September 1, Traffic Safety 2019 3 Davis Jeff King Reappointment Commission through August 30, 2021 September 1, Zoning Board of 2019 3 Davis David Higgins Reappointment Adjustment through August 30, 2021 Motion seconded by Council Member Davis. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None Discussion followed on the proposed appointment of David Zoltner. Mayor Pro Tem Hudspeth moved to deny the appointment of David Zoltner to the Board of Ethics. Motion seconded by Council Member Davis. Motion carried. AYES (4): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis and Ryan NAYS (3): Council Members Briggs, Armintor, and Meltzer City of Denton City Council Minutes August 6, 2019 Page 9 The meeting was recessed for a short break at 8:03 p.m. and reconvened at 8:10 p.m. 6. PUBLIC HEARINGS A. ID 19-1832 Hold a public hearing concerning the proposed $221,519,000 Bond Election to be held on November 5, 2019, and associated project recommendations. The presentation was made and no discussion followed. With the public hearing opened, the following spoke on the item: Perri Dyer, 4800 Snowshill Court, Argyle - in opposition to the item Willie Hudspeth, 623 Newton - in opposition to the item Jennifer Lane, 1526 Willowwood Street - in support of the item With no other speakers coming forward, the public hearing was closed. No action was taken on the item as it was only a public hearing. B. DCA18-0009t Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a city-wide rezoning, to coincide with zoning regulations adopted under the newly revised Denton Development Code; establishing a penalty in the maximum amount of $2000.00 for violations thereof; providing for severability; and establishing an effective date. STAFF IS REQUESTING THAT THIS ITEM BE POSTPONED INDEFINITELY. (DCA18-0009t, DDC Update, Ron Menguita) The item was read into the record. Staff requested the item be postponed until September th 17. th Council Member Ryan moved to postpone the item to the September 17 meeting with the public hearing open. Motion seconded by Council Member Briggs. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None 7. CONCLUDING ITEMS Council Members expressed items of interest, congratulatory remarks and provided general announcements. Staff to provide responsive information to those requests for information as part of the Friday Report process. City of Denton City Council Minutes August 6, 2019 Page 10 With no further business, the meeting was adjourned at 8:57p.m. ____________________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS ____________________________________ ROSA RIOS CITY SECRETARY CITY OF DENTON, TEXAS MINUTES APPROVED ON: _____________________________________________ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1956,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionoftheCityofDentontosupportallcitizensandurgethemtodemonstrate kindness at every level of interaction with one another; and providing an effective date. City of DentonPage 1 of 1Printed on 8/16/2019 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 CM: Todd Hileman DATE: August 20, 2019 SUBJECT Consider approval of a resolution of the City of Denton to support all citizens and urge them to demonstrate kindness at every level of interaction with one another; and providing an effective date. BACKGROUND The attached resolution asks the Denton City Council to consider formally supporting kindness and compassion for all residents, show that the City of Denton is a community that embraces all individuals, and that members of the community stand against any acts of violence and hatred. EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Resolution for Kindness Respectfully submitted: Rachel Wood ChiefofStaff City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1954,Version:1 AGENDA CAPTION Consider nominations/appointments to the City’s Economic Development Partnership Board. City of DentonPage 1 of 1Printed on 8/16/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Economic Development CFO: Antonio Puente, Jr. DATE: August 20, 2019 SUBJECT BACKGROUND The ordinance establishing the Economic Development Partnership Board (EDPB) requires that the City Council appoint three (3) people to serve as a Nominating Committee. The Committee is made up of two (2) City Council Members and one (1) member of the Chamber of Commerce. At the July 16, 2019, City Council meeting, the City Council appointed the 2019 Nominating Committee. The City Council representatives were Mayor Chris Watts and Council Member Jesse Davis. The Chamber of Commerce representative was Marty Rivers. EDPB members serve two-year terms and may serve as many as three terms. The ordinance requires that the members fall into specific categories when they are appointed to the Board (see chart below). The City Manager, the President of the Chamber of Commerce, and the DISD Superintendent serve as ex-officio members and have no defined terms of service. Current EDPB Board Members Member Category Term Expires Marty Rivers, Chair Chamber of Commerce 2020 John Baines, Vice Chair Denton Black Chamber of 2019 Commerce Bob Eames Aviation 2019 Jill Jester Chamber of Commerce 2019 Keely G. Briggs City Council 2019 Gerard Hudspeth City Council 2020 Steve Edgar Top 20 Taxpayer 2020 Chris Davis Top 20 Taxpayer 2019 Neal Smatresk/Pamela Padilla UNT President/designee 2020 Carine Feyten/Jason Tomlinson TWU Chancellor/designee 2020 Jimmy Mejia Denton Hispanic Chamber of 2020 Commerce Tony Clark At Large 2020 *The President of UNT and the Chancellor/President of TWU or his/her designee are not restricted to the three-term limit. However, such member must be reappointed by City Council for each term. The Nominating Committee met and reviewed the list of seats up for nomination/appointment (as indicated in above). In addition, Council Member Hudspeth indicated that he would be resigning his seat, allowing the Nominating Committee to consider an additional appointment from City Council to fill the unexpired term. The Nominating Committee confirmed the willingness to serve of each nominee and offers the following slate of nominees to the City Council: John Baines, Denton Black Chamber of Commerce (re-appointment) o Bob Eames, Aviation (re-appointment) o Jill Jester, Chamber of Commerce (re-appointment) o Keely G. Briggs, City Council (re-appointment) o Chris Davis, Top 20 Taxpayer (re-appointment) o was previously appointed to fill an unexpired term. Jesse Davis, City Council (appointment to unexpired term) o m. PRIOR ACTION/REVIEW (Council, Boards, Commissions) July 16, 2019 Council selected the 2019 EDPB Nominating Committee. EXHIBITS 1. Agenda Information Sheet 2. EDP Board Ordinance (No. 2017-203) 3. Presentation Respectfully Submitted, Jessica Rogers Director of Economic Development City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1766,Version:1 AGENDA CAPTION Considernominations/appointmentstotheCity’sBoards,Commissions,andCommittees:BoardofEthics, Human Services Advisory Committee, and Traffic Safety Commission. City of DentonPage 1 of 1Printed on 8/16/2019 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 ACM: Sara Hensley DATE: August 20, 2019 SUBJECT Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Board of Ethics Human Services Advisory Board, and Traffic Safety Commission. BACKGROUND On June 16, 2019, the 2019 Boards & Commissions Screening & Appointment Process was presented and discussed with the City Council. This item is the first step in appointing members for 2019 under the new process. Exhibit 2 includes those seats for the above-notedBoards, Commissions, and Committeesfor whom nominations have been received, nominees fully vetted and found to meet all necessary qualifications to serve on the respective board/commission/committee. As previously discussed, only those nominees who have been fully vetted and qualified will be presented for appointment. This is not a complete listing of nominees as the vetting is still in progress for some. EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Nominations Sheet Respectfully submitted: Rosa Rios City Secretary BOARDS & COMMISSIONS - NOMINATIONS LIST AUGUST 20, 2019 STATUS & COUNCIL NOMINATING MEMBER MEMBER BOARD/COMMITTEE/COMMISSION PRESENT TERMNEW TERMQUALIFICATION OR PLACECCMFIRST NAMELAST NAME PREFERENCE, IF ANY September 1, 2019 New Board of Ethics5ArmintorRamsay AnnettaN/A through (Pref.: 9/Counselor\] August 30, 2021 September 1, 2019 Traffic Safety Commission5ArmintorKevin Sample 2017-2019 - Un throughReappointment August 30, 2021 September 1, 2019 Human Services Advisory Committee7WattsOnyebetor Roy 2017-2019 throughReappointment August 30, 2021 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1880,Version:1 AGENDA CAPTION Holdapublichearingonaproposaltoadoptataxrateof$0.605450withamaximumallowablerateof $0.628802 per $100 valuation, which will exceed the lower of the effective or rollback tax rate. City of DentonPage 1 of 1Printed on 8/16/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT:Finance CFO:Antonio Puente Jr. DATE:August20, 2019 SUBJECT Hold a public hearing on a proposal to adopt a tax rate of $0.605450with a maximum allowable rate of $0.628802per $100 valuation, which will exceed the lower of the effective or rollback tax rate. BACKGROUND The Texas Constitution and Texas Property Tax Code require taxing units to comply with specific guidelines in adopting tax rates. The guidelines are related to a concept known as truth-in-taxation. This concept is a way to make taxpayers aware of tax rate proposals and allow tax payers in certain circumstances, to roll back or limit a tax increase. The truth-in-taxation guidelines require taxing entities to calculate and publish their effective and rollback tax rates (Exhibit 2 –2019Notice of Proposed Tax Rate). The effective rate is the calculated rate that would provide the taxing unit approximately the same amount of revenue it received in the previous year on properties taxed in both years. This rate is adjusted for new exemptions, value loss due to court appeals of taxable values and growth due to new property values. The City of Denton’s 2019effective rate is $0.590454/$100 valuation. The rollback rate divides the total property tax revenue into support for maintenance and operations (M&O) taxes and debt service taxes. It provides approximately the same amount of revenue as in the previous year for maintenance and operations expenses, plus an extra eight percent, plus the necessary debt service tax rate. If a taxing unit adopts a tax rate higher than the rollback rate, the voters have the option to petition for an election to limit the size of the tax increase. The City of Denton’s 2019rollback rate is $0.633033/$100 valuation. The City Manager’s FY 2019-20Proposed Annual Program of Services recommends a tax rate of $0.605450per $100 of valuation which approximately $0.015abovethe effective tax rateand $0.015below the prior year’s adopted tax rate. The City of Denton’s maximum tax rate to be considered exceedsthe lower of effectiveor rollbacktax rates, twopublic hearings arebeing held prior to the budget adoption. In compliance with state law, staff published the Notice of the Proposed Tax Rate in the in the Denton Record Chronicleand the notice was posted on the City’s Web site, http://www.cityofdenton.com and the public access channel. As discussed with City Council, decisions resulting from a Development Services fee study may lower the tax rate further. EXHIBITS 1.Agenda Information Sheet 2.2019Notice of Proposed Tax Rate Respectfully submitted: David Gaines, 349-8260 Director of Finance Prepared by: Nick Vincent 940-349-8063 Budget Manager NOTICE OF 2019 TAX YEAR PROPOSED PROPERTY TAX RATE FOR CITY OF DENTON A tax rate of $0.628802 per $100 valuation has been proposed for adoption by the governing body of the City of Denton. This tax rate will exceed the lower of the effective or rollback tax rate, and state law requires that two public hearings be held by the governing body before adopting the proposed tax rate. The governing body of the City of Denton proposes to use revenue attributable to the tax rate increase for the purpose of paying maintenance and operation expenses, and debt service. PROPOSED TAX RATE $0.628802 per $100 $0.620477 per $100 EFFECTIVE TAX RATE $0.590454 per $100 ROLLBACK TAX RATE $0.633033 per $100 The effective tax rate is the total tax rate needed to raise the same amount of property tax revenue for the City of Denton from the same properties in both the 2018 tax year and the 2019 tax year. The rollback tax rate is the highest tax rate the City of Denton may adopt before voters are entitled to petition for an election to limit the rate that may be approved to the rollback rate. YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS FOLLOWS: property tax amount = ( rate ) x ( taxable value of your property ) / 100 For assistance or detailed information about tax calculations, please contact: Michelle French Denton County Tax Assessor-Collector 1505 E. McKinney Street, Denton, TX, 76209 940-349-3500 Property.Tax@dentoncounty.com http://tax.dentoncounty.com You are urged to attend and express your views at the following public hearings on the proposed tax rate: First Hearing: 6:30 p.m. on August 20, 2019 at City Hall, 215 E. McKinney Street, Denton, TX, 76201 Second Hearing: 6:30 p.m. on September 10, 2019 at City Hall, 215 E. McKinney Street, Denton, TX, 76201 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1692,Version:1 Hold a public hearing on a proposal to adopt a resolution of no objection to the proposed new construction of Denton Grove Apartments in Denton to provide affordable and market rate rental housing, which will facilitate the developer’s application for 4% housing tax credit with the Texas Department of Housing and Community Affairs. City of DentonPage 1 of 1Printed on 8/16/2019 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: Sara Hensley, Assistant City Manager DATE: August 20, 2019 SUBJECT Hold a public hearing on a proposal to adopt a resolution of no objection to the proposed new construction of Denton Grove Apartments in Denton to provide affordable and market rate rental housing, which will facilitate the developer’s application for 4% housing tax credit with the Texas Department of Housing and Community Affairs. 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 for 9% includes a scoring item that developers receive resolutions of support or no objection from the municipality in which the project is located. For the 4% program, there are threshold documents requiring that developers receive resolutions of no objection from the municipality in which the project is located. The tax credits are awarded to eligible participants and provide a source of equity financing for the development of affordable housing. Investors in qualified affordable multifamily residential developments can use the HTCs as a dollar-for-dollar reduction of federal income tax liability. The value associated with the HTCs allows housing to be leased to qualified families at below market rate rents. The Non-Competitive (4%) Housing Tax Credit program is coupled with the Multifamily Bond Program when the bonds finance at least 50% of the cost of the land and buildings in the Development. 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 The City has received an application submitted to Community Development seeking a resolution of no objection for a 4% application to TDHCA (Exhibit 2). Staff is presenting the proposed project with the developer to City Council today and seeking to bring a resolution of no objection forward at the August 27, 2019 meeting for City Council consideration. The development will be financed with noncompetitive (4%) housing tax credits and taxexempt bonds, along with a HUD 221(d)(4) loan. Total costs of the development are approximately $57 million, which will be covered by an estimated $18.6 million in tax credit equity and $33.8 million in debt, with the remaining covered by deferred developer fee. PROJECT - Denton Grove Apartments Project Type: General, New Construction Location: Approximately 200 S Loop 288, the northwest corner of Loop 288 and Duchess Drive, Denton TX 76209 City Council District: 1 Developers:Pedcor Investments2019CLXXIII, L.P. Current Zoning: The property is zoned Community Mixed Use General (CM-G) District under the 2002 Denton Development Code (DDC). Multifamily Dwellings are allowed with a Specific Use Permit (SUP) or as part of Mixed Use Development. Per the 2019 DDC transition chart effective October 1, 2019, the property’s zoning will transition to Suburban Corridor (SC) District. Multifamily Dwellings are allowed with a SUP and must also comply with the Use-Specific Standards below: 1.Multifamily buildings shall comply with the design standards established in Section 7.10.4: Multifamily Site and Building Design (as a result of HB2439 those standards related to building materials will not be enforced). 2.Each individual dwelling unit shall have a minimum of 400 square feet of living space floor area. Following this item, the project will be required to go through the Development Review Process, submitting applications for a Site Plan, Preliminary and Final Plats, and Building Permits. The Developer has already submitted a SUP application to Development Services for this project. Once a review has been completed, Development Services Planning staff will bring a recommendation forward to the Planning and Zoning Commission and City Council for consideration. Tenant access to services: The site is just over a mile from the large commercial development at Spencer Road and Loop 288, providing access to several community amenities, including grocery stores, a pharmacy, restaurants, government offices, convenience stores, retail shops, banks, parks, and public schools. The proximity to these amenities provides not only needed services but opportunities for residents to work close to home. For those commuting, the site is located on a Denton County Transportation Authority (DCTA) bus route, with several stops within a half mile. Finally, it is just a half mile south of Serve Denton, an organization which houses several nonprofit organizations, providing a variety of resources for social services all in one place. Taxable Status of the Development: Denton Grove Apartments 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). Denton Grove Apartments will have a total of 276 units in this development (see chart below). They are proposing to have 100% of the units be listed at 60% of the area median income ($83,100 for a family of 4). Experience: Pedcor Tax Credit properties in Texas include252 units at William Cannon Apartments in Austin TX, 332 units at Heights on Parmer (Phases I & II) in Austin TX, 256 units at Tuckaway Apartments in Cedar Park, TX, 140 units at West Gate Ridge in Austin TX, 216 units at Fairway Landings at Plum Creek in Kyle, TX, 192 Oak Valley Apartments in San Antonio, TX, and 108 units at Live Oak Apartments in Georgetown, TX. In addition to completed project listed above, Pedcor is constructing three more tax credit properties in Texas: Shadow Ridge in Round Rock, Trails at Leon Creek in San Antonio, and Residences of Long Branch in Rowlett. Further, Pedcor has tax credit awards for two more properties in San Antonio, which should be under construction by the third quarter 2019. On page 6 and 7 of the application, Pedcor includes a list of more than 40 Tax Credit Properties developed in the last ten years outside of Texas. The proposed resolution for Council consideration on August 27, 2019 is attached (Exhibit 3). Please note that because the proposed development is in census tract with more than 20% housing tax credit units per total households in the tract (see map below), state statute requires that the resolution affirm that the development is allowed and is consistent with the jurisdiction’s obligation to affirmatively further fair housing.” Therefore, the developer is also requesting a resolution “specifically allowing the Development and stating the proposed Development is consistent with the jurisdiction’s obligation to affirmatively further fair housing.” OPTIONS 1.Approve a Resolution of No Objection on August 27, 2019 as presented. 2.Do Not Approve the Resolution of No Objection on August 27, 2019. EXHIBITS 1.Agenda Information Sheet 2.Denton Grove Apartments City of Denton HTC Application 3.Proposed Resolution of No Objection for August 27, 2019 4.Presentation Respectfully submitted: Danielle Shaw Community Development Manager Denton Property Taxable 06 19 2019 .xlsm City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:DCA19-0005e,Version:1 AGENDA CAPTION Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance DCA18-0009q, by establishing a new effective date, amending Sections of the 2019 Denton Development Code to be consistent with House Bill 2439 regarding regulating building products, materials, or methods used in the construction or renovation of residential and commercial buildings; to be consistent with House Bill 3167 regarding municipal approval procedure for land development applications; and amendments related to Planned Development, Historic Landmark Commission composition, Certificate of Zoning Compliance procedure, Replat procedure, Buffer Points and Minimum Width Requirements, Certificate of Appropriateness procedure, Historic Landmark Designation procedure, Highway Corridor maximum building height, Suburban Corridor minimum front yard setback, allowing Elderly Housing, Tattoo and Body Piercing Parlor, General Personal Service, Donation Boxes, and Mobile Food Truck in certain Zoning Districts, minimum square footage for Single Family Detached Dwelling, Short Term Rental use-specific standards, Low-Impact Manufacturing use- specific standards, Accessory Dwelling Unit use-specific standards, Street Tree requirements, Parking and Loading requirements for Private School, Medical Office, and Elderly Housing, Parking Surface Materials, definitions for Dwelling\\Dwelling Unit, Automotive Fuel Sales, Floor Area, General Retail, Mobile Food Court, Recreational Vehicle, Outdoor Storage, and Outside Storage, adding a definition for Mobile Food Truck, deleting the definition of Living Space, and other related edits.STAFF IS REQUESTING THAT THIS ITEM BE WITHDRAWN. (DCA19-0005e, 2019 DDC Amendments, Ron Menguita) City of DentonPage 1 of 1Printed on 8/16/2019 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: August 20, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance DCA18-0009q, by establishing a new effective date, amending Sections of the 2019 Denton Development Code to be consistent with House Bill 2439 regarding regulating building products, materials, or methods used in the construction or renovation of residential and commercial buildings; to be consistent with House Bill 3167 regarding municipal approval procedure for land development applications; and amendments related to Planned Development, Historic Landmark Commission composition, Certificate of Zoning Compliance procedure, Replat procedure, Buffer Points and Minimum Width Requirements, Certificate of Appropriateness procedure, Historic Landmark Designation procedure, Highway Corridor maximum building height, Suburban Corridor minimum front yard setback, allowing Elderly Housing, Tattoo and Body Piercing Parlor, General Personal Service, Donation Boxes, and Mobile Food Truck in certain Zoning Districts, minimum square footage for Single Family Detached Dwelling, Short Term Rental use-specific standards, Low-Impact Manufacturing use-specific standards, Accessory Dwelling Unit use- specific standards, Street Tree requirements, Parking and Loading requirements for Private School, Medical Office, and Elderly Housing, Parking Surface Materials, definitions for Dwelling\\Dwelling Unit, Automotive Fuel Sales, Floor Area, General Retail, Mobile Food Court, Recreational Vehicle, Outdoor Storage, and Outside Storage, adding a definition for Mobile Food Truck, deleting the definition of Living Space, and other related edits. STAFF IS REQUESTING THAT THIS ITEM BE WITHDRAWN. (DCA19-0005e, 2019 DDC Amendments, Ron Menguita) BACKGROUND As a result of recently passed legislation (House Bills 2439 and 3167) effective September 1, 2019, staff is in the process of preparing required amendments to the 2019 Denton Development Code (DDC). In order to comply with the House Bills, staff is proposing two ordinances that will give the city time to prepare and approve the required amendments after September 1, 2019. In addition to the required amendments to the DDC, staff is proposing additional Code amendments that will correct and provide further clarification to the DDC. The required amendments and the additional Code amendments will be brought forward to City Council as soon as possible. Since the amendments will be considered after September 1, staff is requesting that this public hearing item be withdrawn from the agenda. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION Staff recommends that this public hearing item be withdrawn. PRIOR ACTION/REVIEW (Council, Boards, Commissions) April 10, 2019 - Planning and Zoning Commission Public Hearing – recommended approval of the Denton Development Code (DDC) Update. April 23, 2019 - City Council Public Hearing – approved the Denton Development Code (DDC) Update with an effective date of October 1, 2019. May 21, 2019 - City Council Work Session July 23, 2019 - City Council Work Session August 7, 2019 - Planning and Zoning Commission Work Session August 13, 2019 - City Council Work Session EXHIBITS 1.Agenda Information Sheet Respectfully submitted: Scott A. McDonald Director of Development Services 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 #:DCA19-0005f,Version:1 AGENDA CAPTION Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance DCA18-0009q, by establishing a new effective date, amending certain Sections of the 2019 Denton Development Code to be consistent with House Bills 2439 and 3167, and amending certain Sections of the 2019 Denton Development Code to provide clarification, make necessary corrections and other related edits. STAFF IS REQUESTING THAT THIS ITEM BE WITHDRAWN. (DCA19-0005f, 2019 DDC Amendments, Ron Menguita). City of DentonPage 1 of 1Printed on 8/16/2019 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: August 20, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance DCA18-0009q, by establishing a new effective date, amending certain Sections of the 2019 Denton Development Code to be consistent with House Bills 2439 and 3167, and amending certain Sections of the 2019 Denton Development Code to provide clarification, make necessary corrections and other related edits. STAFF IS REQUESTING THAT THIS ITEM BE WITHDRAWN. (DCA19-0005f, 2019 DDC Amendments, Ron Menguita). BACKGROUND As a result of recently passed legislation (House Bills 2439 and 3167) effective September 1, 2019, staff is in the process of preparing required amendments to the 2019 Denton Development Code (DDC). In order to comply with the House Bills, staff is proposing two ordinances that will give the city time to prepare and approve the required amendments after September 1, 2019. In addition to the required amendments to the DDC, staff is proposing additional Code amendments that will correct and provide further clarification to the DDC. The required amendments and the additional Code amendments will be brought forward to City Council as soon as possible. Since the amendments will be considered after September 1, staff is requesting that this public hearing item be withdrawn from the agenda. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION Staff recommends that this public hearing item be withdrawn. PRIOR ACTION/REVIEW (Council, Boards, Commissions) April 10, 2019 - Planning and Zoning Commission Public Hearing – recommended approval of the Denton Development Code (DDC) Update. April 23, 2019 - City Council Public Hearing – approved the Denton Development Code (DDC) Update with an effective date of October 1, 2019. May 21, 2019 - City Council Work Session July 23, 2019 - City Council Work Session August 7, 2019 - Planning and Zoning Commission Work Session August 13, 2019 - City Council Work Session EXHIBITS 1.Agenda Information Sheet Respectfully submitted: Scott A. McDonald Director of Development Services 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 #:Z19-0006b,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,amendingOrdinance 2015-217torevisetheoverlayconditionsonapproximately30.7acresoflandzonedNeighborhoodResidential (NR-3)District,generallylocatedonthesouthwestcornerofHinkleDriveandWestWindsorDrive,intheCity ofDenton,DentonCounty,Texas;adoptinganamendmenttotheCity’sofficialzoningmap;providingfora penaltyinthemaximumamountof$2,000.00forviolationsthereof;providingforseverabilityandaneffective date.ThePlanningandZoningCommissionrecommendedapprovaloftherequest(6-1).(Z19-0006b,Fireside Addition, Julie Wyatt) City of DentonPage 1 of 1Printed on 8/16/2019 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: August 20, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance 2015-217 to revise the overlay conditions on approximately 30.7 acres of land zoned Neighborhood Residential (NR-3) District, generally located on the southwest corner of Hinkle Drive and official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability and an effective date. The Planning and Zoning Commission recommended approval of the request (6-1). (Z19-0006b, Fireside Addition, Julie Wyatt) BACKGROUND The applicant is requesting an amendment to Ordinance 2015-217 to remove overlay restrictions to facilitate a single-family residential development. The overlay restrictions provided for specific site design guidelines for development on the subject property that were established through a rezoning in 2007 and a zoning amendment in 2015: On February 6, 2007, City Council approved a zoning change from Neighborhood Residential 2 (NR-2) District to Neighborhood Residential 3 (NR-3) District with overlay restrictions on the subject site. The overlay conditions were in response to surrounding resident concerns and based upon a detailed site plan which included single-family detached and townhome dwellings: 1. The woods along the south and east boundary of the site will be preserved. 2. A perimeter fence with a "wrought" iron appearance, with taller posts topped by a decorative finial at the comer of each lot will be installed along the perimeter of the site. The setback of the fence will be 50' minimum from the existing curb. Rows of shrubbery between the fence and sidewalk will be installed to obtain privacy. The distance from the fence and back of sidewalk will be a minimum of 12-feet. The developer, and later an H.O.A., will take responsibility for maintenance and irrigation of the approximately 3-acre perimeter landscape area. 3. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay brick or stone for all vertical surfaces with a direct load path to the foundation. 4. The following restrictions and conditions shall apply to single- family detached homes: a. Street right-of-way shall be a minimum of 56 feet. b. Parkway width shall be a minimum of 9 feet. c. Sidewalk width shall be a minimum of 5 feet. d. Front yard setback shall be a minimum of 15 feet. e. Side yard setbacks shall be a minimum of 6 feet. f. Rear yard setback shall be a minimum of 10 feet, except for Rear Entry Garages. g. Rear yard setback shall be a minimum of 20 feet if garages are accessed through the rear of the property. h. Front Entry Garages shall be setback 12 feet from the front most wall of that unit. i. Three-car Garages shall not face the street. In 2015, a new property owner approached the City with a proposed development for single-family homes for adults aged 55 and older. The owner determined that some of the overlay restrictions would limit development and pose safety concerns for future residents. As a result, he submitted a rezoning application to amend the overlay restrictions, but maintained the underlying zoning of NR- 3 District. The following changes were made to the 2007 overlay conditions and are currently in effect for the property: 1. A perimeter fence with a "wrought" iron appearance, with taller posts topped by a decorative finial at the comer of each lot will be installed along the perimeter of the site. The setback of the fence will be 50' minimum from the existing curb. The developer, and later an H.O.A., will take responsibility for maintenance and irrigation of the all open spaces and site amenities. 2. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay brick or stone for all vertical surfaces with a direct load path to the foundation. 3. Three-car Garages shall not face the public or private right-of-way where the entrance/address is located. 4. Any ingress or egress to the subject property shall not remove the on-street bike lane on Hinkle Drive The current request would modify the restrictions to allow for opaque perimeter fencing, reduced setback, and varied exterior building materials. No changes to the underlying zoning (use, density, dimensional requirements) are proposed. A full Staff Analysis is provided in Exhibit 2. PLANNING AND ZONING COMMISSION On August 7, 2019, the Planning and Zoning Commission held a public hearing for the proposal. At the public hearing, staff presented an analysis of the request with a recommendation of approval. Several residents spoke in opposition to the project, citing concerns related to building quality, revisions to the previous proposals for the site, visual impacts of an opaque fence along the corridors, traffic associated with additional residents, and drainage capacity in the onsite detention ponds. Additional stops signs for the area were also discussed. In order to address resident concerns of speeding and cut-through traffic is nearing completion of design for a roundabout at the intersection at Hinkle Drive and Mimosa Drive. Construction of the facility is scheduled for completion by Spring 2020. The Planning and Zoning Commission deliberated the request and discussed with the applicant the potential of a masonry wall along West Windsor Drive as a lower maintenance, higher-quality solution along the arterial roadway. The applicant responded that the wall was not part of the cost estimates and not feasible at this time. At the close of the public hearing, a motion was made to approve the request with an amendment to require a masonry wall along West Windsor Drive. The motion failed for lack of a second. Following the first motion, the Commission discussed the possibility that a future homeowner could install a privacy fence inside the wrought-iron perimeter fence. The applicant responded that there are no provisions in the restrictive covenants that could prevent a private property owner from installing privacy fencing. Ultimately, the Commission determined that the proposed wooden fence would provide privacy for backyards and a uniform appearance at the right-of-way. The Planning and Zoning Commission recommended approval of the request \[6-1\]. OPTIONS 1. Recommend approval. 2. Recommend approval subject to conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommended approval of the request (6-1). Staff recommended approval of the following modified overlay conditions, as they are compatible with the surrounding property and consistent with the overall goals and objectives of the Denton Plan 2030. 1. A street perimeter fence constructed of 6 foot tall board on board cedar fence with a top rail and cap. Taller stone and/or brick columns topped by a cast stone column cap will be placed every 100 feet along street perimeter, and at any corners and any terminus. A vertical landscape element is to be planted at midpoint between taller columns. Street trees are required along Hinkle Drive and Windsor Drive. The street trees will include alternating shade and ornamental trees spaced at maximum 20 feet on center. The developer, and later a homeowner's association, will take responsibility for maintenance and irrigation of all perimeter fencing, street trees on Hinkle and Windsor Drives, open spaces and site amenities. 2. The setback of the proposed homes will be 40-feet from the existing Hinkle Drive & Windsor Drive curb. 3. Three-car Garages shall not face the street. 4. Any ingress or egress to the subject property shall not remove the on- street bike lane on Hinkle Drive. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Council, Board, Date Request Action Commission Approval of 2002 City Council City-wide rezoning NR-2 District Approval with Rezoning from NR-2 to NR-3 with February 6, 2007 City Council overlay overlay restrictions restrictions Approval with Rezoning to modify overlay July 21, 2015 City Council overlay restrictions restrictions Chapter 26 of the Texas Parks and Wildlife Code for an offsite drainage Approval November 17, 2015 City Council area on City o(Ordinance Green Park to accommodate outfall 2015-368) from west detention pond Planning and Zoning Approval, but January 13, 2016 Final Plat Commission expired Planning and Zoning March 21, 2018 Preliminary Plat Approval Commission Planning and Zoning August 22, 2018 Final Plat Approval Commission Planning and Zoning Subject rezoning to revise overlay August 7, 2019 Approval (6-1) Commission restrictions PUBLIC OUTREACH: Eighteen were sent to property owners within 200 feet of the subject property. As of the writing of this report, staff has received four responses (0 in favor, 6 opposed, 1.29% within 200 feet of the request). Ninety-five courtesy notices were sent to physical addresses within 500 feet of the subject property. A notice was published in the Denton Record Chronicle on June 29, 2019 and July 21, 2019. June 30, 2019. Five signs were posted on the property on July 16, 2016. As part of the request, the applicant held a neighborhood meeting on May 8, 2019, where approximately 45 members of the public attended. Primary concerns included frustration with the changes from the concepts in 2007 and 2015, traffic, visual impacts of 2-story homes, a desire for an age-restricted development, and visibility at the intersection of West Windsor and Hinkle. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Site Location Map 4. Existing Zoning Map 5. Future Land Use Map 6. Ordinance 2015-217 7. Notification Map and Responses 8. Presentation 9. Draft Ordinance Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Julie Wyatt Senior Planner Planning Report Z19-0006/Fireside Park City Council District #3 REQUEST: Amend Ordinance 2015-217 to revise the overlay conditions on approximately 30.7 acres of land zoned Neighborhood Residential (NR-3) District. SITE DATA The subject property includes approximately 31 acres located on the southwest corner of Hinkle Road, a collector, and West Windsor Drive a secondary arterial. Public improvements to facilitate a single-family development are under currently construction. The improvements include streets, water, wastewater, and drainage facilities. The surrounding established neighborhoods are zoned for residential uses and have developed with a residential character, including single-family dwellings, parks, and elderly housing. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning : Neighborhood Zoning : NR-2 Zoning : Neighborhood Residential 2 (NR-2) Land Use: Park Residential Mixed Use 12 Land Use: Park (NRMU-12) Land Use: Park West: East: Zoning : NR-2 Zoning : NR-3 SUBJECT PROPERTY Land Use: Park Land Use: Single-family dwellings Southwest: South: Southeast: Zoning : NR-2 Zoning : NR-2 Zoning : NRMU-12 Land Use: Park Land Use: Elderly housing Land Use: Elderly housing CONSIDERATIONS: 1. Section 35.3.4 of the DDC states that an application for a rezoning may be approved based on the following conditions: a. The proposed rezoning conforms to the Future Land Use element of the Denton Plan and Per the Denton Plan 2030, the Future Land Use designation of the subject property is Low Density Residential which includes single-family neighborhoods with densities up to 4 dwelling units per acre. The proposed request, if approved, would modify site design standards, leaving the underlying zoning designation of NR-3 in place. NR-3 permits 3.5 dwelling units per acre and is consistent with the Future Land Use designation. Since the proposal is focused on site design instead of use and density, staff also referred to Denton Plan 2030 Element 4: Community Character and Urban Design when considering the request. This element sets forth a goal to ensure that the Urban Design are used to evaluate all future development projects in Denton. the Urban Design Principles outlined on pages 124- 127 for the following analysis. The current overlay conditions include the following: 1. A by a cast stone column cap every 24 feet will be installed along the perimeter of the site. The setback of the proposed homes will be 50 feet minimum from the existing curb. The dev responsibility for maintenance and irrigation of all open spaces and site amenities. 2. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay brick or stone for all vertical surfaces with a direct load path to the foundation. 3. Three-car Garages shall not face the street. 4. Any ingress or egress to the subject property shall not remove the on- street bike lane on Hinkle Drive. The applicant has requested the following modifications to the above conditions #1 and #2, leaving conditions #3 and #4 in place: A street perimeter fence constructed of 6' tall board on board cedar fence with a top rail and cap. Taller stone and/or brick columns topped by a cast stone column cap will be placed every 100 feet along street perimeter, and at any corners and any terminus. A vertical landscape element is to be planted at midpoint between taller columns. Street trees are required along Hinkle Drive and Windsor Drive. The street trees will include alternating shade and ornamental trees spaced at maximum 20-ft O.C. The setback of the proposed homes will be 40-feet from the existing Hinkle Drive & Windsor Drive curb. The developer, and later a homeowner's association, will take responsibility for maintenance and irrigation of all perimeter fencing, street trees on Hinkle and Windsor Drives, open spaces and site amenities. The original concept plans (in 2007 and 2015) for the subject property included smaller individual lots with common open space areas along the perimeter of the site, making a transparent wrought-iron fence appropriate. Neither of those plans were developed. Since that time, a new developer has acquired the property and moved forward with a final plat and construction of 107 single-family dwellings with the required public improvements. The property, and instead places residential lots along the perimeter with rear yards abutting Hinkle and West Windsor Drives. The requested modification to the perimeter fence would require a -owned opaque cedar fence, allowing for backyard privacy and screening for future homeowners adjacent to Hinkle and West Windsor Drive. The brick columns, landscaping, and street trees, if approved, would provide visual consistency and rhythm along the rights-of- way, creating a sense of arrival for residents and enhancing the existing corridors. The proposal is consistent with the urban design principles outlined in Element 4 of the Denton Plan 2030, including a well-defined neighborhood edge and street trees. As part of this condition, the applicant is also requesting a reduction in the rear yard setback from 50- to 40-feet. Once again, this condition was predicated on two specific concept plans that included smaller lots with significant open space on the perimeter, as the setback was not from the property line, but rather from the existing curb. The applicant has requested a 10-foot reduction, which, if approved, would still exceed the minimum 10-foot rear yard setback required by the Denton Development Code (DDC) by a minimum of 15 feet along Hinkle Drive. Due to the curb location on West Windsor Drive, the 10-foot reduction would not change the rear setback. Therefore, staff does not anticipate a reduction in neighborhood quality due to this reduced setback. Except for glazing, door, and trim, the exterior of the homes shall be of masonry material comprising of a minimum 70% vitrified clay brick and/or stone for all vertical surfaces and a maximum 30% cementitious siding and/or stucco per side of home. The proposed 70% masonry exceeds the 2019 DDC requirements (25% masonry) and meets the Denton Plan 2030 goal of high-quality and durable materials. However, due to recent legislative actions by the State of Texas, municipalities, including the City of Denton, will no longer be able to mandate minimum masonry requirements after September 1, 2019. Therefore, the existing and proposed condition cannot be enforced, and staff will recommend that the condition be removed entirely. b. The proposed rezoning facilitates the adequate provision of transportation, water, sewer, schools, parks, other public requirements, and public convenience. The following is an analysis of the infrastructure necessary to support the single- family development associated with the rezoning request. Capital improvements along Hinkle Drive and requirements such as pedestrian improvements and impact fees will assist the overall mobility and drainage in the area. Transportation related to the proposal Since the proposal will not increase the intensity of development or number of entitled dwelling units, a Traffic Impact Analysis is not required for the request. Roadway Impact Fees Roadway impact fees, paid at the time of development, are determined using a proportionality calculation based on the number of dwelling units and projected vehicle trips. These fees are used to make roadway system improvements related to the Mobility Plan. The total estimated roadway impact fee for 107 single-family dwelling units equals $214,000.00, or $2,000.00 per dwelling unit and typically assessed at building permit. Access and Perimeter Street Improvements The residential subdivision contains two access points: an eastern access point will connect to Hinkle Drive and align with Mimosa Drive; a north point will connect to West Windsor Drive. Both connections will provide full access (left and right turns in and out). Except for pedestrian facilities, no other perimeter street improvements are required. Pedestrian Facilities The developer will be required to extend the 5-foot sidewalk on Hinkle Drive from the south property line to the corner of Hinkle and West Windsor. An 8-foot sidewalk will also be required along West Windsor; however, at this time, this sidewalk will not connect to an existing pedestrian facility. Five-foot sidewalks will also be required along all internal subdivision streets. Nearby Capital Improvements are planned or under construction. Magnolia Drive Drainage Project: In order to improve area drainage, this project includes new box culverts on Hinkle and West Windsor Drives to carry stormwater runoff south to Pecan Creek. Once these drainage improvements are installed, the asphalt pavement between the existing curb and gutter will be reconstructed. Due to safety concerns raised by nearby residents, two stop signs have been installed on West Windsor Drive at Hinkle Drive, creating a 3-way stop intersection. The installation is intended to calm traffic on West Windsor Drive, creating a safer intersection for pedestrians and vehicles. Transportation Summary The current request will not introduce new uses or densities to the site; however, development will improve walkability in the area with the installation of additional sidewalks within the development and along the perimeter streets. If approved, the proposed overlay conditions would further improve the pedestrian realm along Hinkle and West Windsor Drives by requiring street trees along the right-of-way. Street trees not only provide shade, but studies show they also calm traffic, slowing motorists by narrowing a driver's visual field and creating rhythm along the street. Water and Wastewater Maximum Demand gallons per day (gpd) Current Use Current Zoning 107 SF units Water 0 gpd NR-3 w/overlay 61,632 gpd Wastewater 0 gpd NR-3 w/overlay 58,550 gpd Public water and wastewater services must be extended to and through the site, primarily within the right-of-way dedicated with the final plat. There is capacity within the system to serve the proposal. Water and wastewater tap and impact fees will be based upon the intensity of the development and are required to be paid during permitting. Parks The subject property is adjacent to Bowling Green and Northlakes Parks. This -Minute Walk to a Park. Additionally, in order to provide for adequate parks, all residential developments must provide the following: Dedicated park land or fees paid in lieu of dedication. Dedication fees are assessed prior to the filing of the plat and at based upon a formula that follows the standard of two and one-half acres of park land per one thousand population. The estimated park dedication for the proposed development is 0.749 acre. Park development fee. A park development fee of $291.00 for each single- family dwelling is required with every building permit. The total for the proposed development is $31,137.00. Schools Per the Denton Independent School Distri proposal would generate approximately 24 elementary students, 12 middle school students, and 16 high school students. The proposed development is located within the attendance zone of Newton Rayzor Elementary, Calhoun Middle School, and Denton High School. Nearest Fire Station The subject property is approximately 0.9 mile from Fire Station #5 (2230 W. Windsor), within the eight minute or less response time boundary. 2. The request would not modify the existing underlying zoning of NR-3 District or increase the intensity of development, but would only amend the site design requirements. 3. As part of the request, the applicant held a neighborhood meeting on May 8, 2019, where approximately 45 members of the public attended. Primary concerns included frustration with the changes from the concepts in 2007 and 2015, traffic, visual impacts of 2-story homes, a desire for an age-restricted development, and visibility at the intersection of West Windsor and Hinkle. STAFF RECOMMENDATION: Staff recommends approval of the following modified overlay conditions, as they are compatible with the surrounding property and consistent with the overall goals and objectives of the Denton Plan 2030. 1. A street perimeter fence constructed of 6 foot tall board on board cedar fence with a top rail and cap. Taller stone and/or brick columns topped by a cast stone column cap will be placed every 100 feet along street perimeter, and at any corners and any terminus. A vertical landscape element is to be planted at midpoint between taller columns. Street trees are required along Hinkle Drive and Windsor Drive. The street trees will include alternating shade and ornamental trees spaced at maximum 20 feet on center. The developer, and later a homeowner's association, will take responsibility for maintenance and irrigation of all perimeter fencing, street trees on Hinkle and Windsor Drives, open spaces and site amenities. 2. The setback of the proposed homes will be 40-feet from the existing Hinkle Drive & Windsor Drive curb. 3. Three-car Garages shall not face the street. 4. Any ingress or egress to the subject property shall not remove the on- street bike lane on Hinkle Drive. Z19-0006 Site Location BENJIMAN MIMOSA 02555101,020 Feet SITE µ Parcels Roads Date: 4/22/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z19-0006 Existing Zoning Map PD RCC-D NRMU-12 BENJIMAN NR-2 MIMOSA NR-6 NR-4 NR-3 NRMU CM-G 02555101,020 Feet SITECM-GNR-4NRMU-12 µ NR-2NR-6PD Zoning Overlay NR-3NRMURCC-D Parcels Roads Date: 4/22/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z19-0006 Future Land Use Map Moderate Residential BENJIMAN Neighborhood Mixed Use Parks / Open Space Low Residential Community Mixed Use Commercial 02555101,020 Feet SITENeighborhood Mixed Use Future Land Use µ Commercial Low Residential Parcels Government / Institutional Moderate Residential Roads Parks / Open Space Downtown Compatibility Area Community Mixed Use Date: 4/22/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z19-0006 Notification Map BENJIMAN MIMOSA 02555101,020 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 4/22/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Wyatt, Julie From:Paul Zomnir <pz4@verizon.net> Sent:Friday, July 05, 2019 4:07 PM To:Wyatt, Julie Subject:Our conversation today re: Hinkle Windsor addition Julie, Thanks for taking the time to discus my concerns about the subject housing addition . I have a couple of issues to include: `1. Traffic control at Mimosa & Hinkle intersection--Will there be a traffic circle put in & if so, will people's property be f infringed upon? The lady residing at the SE corner of this intersection stated a significant tree would have to be removed i the circle was put in. 2. The developer, at the last meeting at the North Branch Library showed housing at the corner of Hinkle & Windsor. I asked him if he would consider deleting that lot for safety reasons, i.e., being able to see around the corner for through traffic on Windsor & he stated he would not do so. Hopefully, he might reconsider or uif the traffic stop signs are working, him keeping that lot will be okay. I would just appreciate the City looking into that issue. Again, thanks for your time on the above matters. Paul Zomnir 709 Mimosa Dr 817-727-7747 1 {ʹ΍\[Ļŭğƌ΍hǒƩ 5ƚĭǒƒĻƓƷƭ΍hƩķźƓğƓĭĻƭ΍ЊВ΍ЊВΏЉЉЉЏ͵ķƚĭǣ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 2015- 217 TO REVISE THE OVERLAY CONDITIONS ON APPROXIMATELY 30.7 ACRES OF LAND ZONED NEIGHBORHOOD RESIDENTIAL (NR-3) DISTRICT, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF HINKLE DRIVE AND WEST WINDSOR DRIVE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (Z19-0006) WHEREAS, Cody Crannell with Crannell Engineering, has applied for an amendment to Ordinance 2015-217 to revise the overlay restrictions on approximately 30.7 acres of land A WHEREAS, on August 7, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, gave the requisite notices by publication and otherwise, and held full and fair hearings to all property owners interested in this regard, and recommended approval \[6-0\] of the amendment; and WHEREAS, on August 20, 2019, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 35.3.4 of the Denton Development Code, and is consistent with the Denton Plan and the Denton Development Code; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for a change in the zoning classification of the property, have determined that the proposed use is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said zoning change is in the public interest and should be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. Ordinance 2015-217 is hereby amended to replace the listed overlay conditions with the following overlay conditions instead: 1. A street perimeter fence constructed of 6' tall board on board cedar fence with a top rail and cap. Taller stone and/or brick columns topped by a cast stone column cap will be placed every 100 feet along street perimeter, and at any corners and any terminus. A vertical landscape element is to be planted at midpoint between taller columns. Street trees are required along Hinkle Drive and Windsor Drive. The street trees will include alternating shade and ornamental trees spaced at maximum 20-ft on center. The developer, and later a homeowner's association, will take responsibility for maintenance and irrigation of all perimeter fencing, street trees on Hinkle and Windsor Drives, open spaces and site amenities. 2. The setback of the proposed homes will be 40-feet from the existing Hinkle Drive & Windsor Drive curb. 3. Three-car Garages shall not face the public or private right-of-way where the entrance /address is located. 4. Any ingress or egress to the subject property shall not remove the on-street bike lane on Hinkle Drive. SECTION 3. The City official zoning map is hereby amended to show the change in the zoning district and use classification. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. Any offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose. SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________, the ordinance was passed and approved by the following vote \[___ - ___\]: Aye Nay Abstain Absent Mayor Chris Watts: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this, the _____ day of _____________, 2019. _______________________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /s/ Jerry E. Drake, Jr. Exhibit A Legal Description SITUATED in the City of Denton, Denton County, Texas, and being a tract of land in the ROBERT BEAUMONT SURVEY, Abstract No. 31, and the H. MEISENHAMER Survey, Abstract No. 810, and being a portion of that certain tract conveyed as Tract One in Section 5, of the deed recorded in Volume 1796, Page 601, of the Deed Records of Denton County, Texas, and said portion being more fully described as follows: BEGINNING at the northwest corner of Lot 1, Block 1, Gateway Addition shown on plat thereof recorded in Cabinet K, Page 238, of the Denton County Plat Records for the southwest corner of a remainder of said Rayzor Investments Tract One in the east line of that certain Tract III conveyed to the City of Denton by deed recorded in Volume 695, Page 669, of said Deed Records, said point being on a curve whose center bears North 82 degrees, 44 minutes, 43 seconds West, 2293.0 feet, and from said point a 1/2" iron rod found in place bears North 88 degrees, 36 minutes West, 0.30 foot; THENCE northerly with said curve and with said east line of City of Denton Tract III for the west line of said Rayzor tract remainder, passing the northeast corner of said City Tract III and the southeast corner of that certain Tract I described in said City of Denton deed, continuing with the east line of said Tract I and said curve, in all 948.72 feet to an "RPLS 1640" capped 5/8" iron rod found in place for the northwest corner of said Rayzor tract remainder in the southeasterly line of that certain tract conveyed to the City of Denton as Tract 1 in deed recorded in Volume 697, Page 207, of said Deed Records; THENCE North 46 degrees, 19 minutes, 50 seconds East with the northerly line of said Rayzor tract remainder and said southeasterly line of City Tract I described in said Volume 697, Page 207, crossing the existing pavement of Windsor Drive, a publicly maintained roadway, and continuing in all I04.66 feet; THENCE North 71 degrees, 38 minutes, 30 seconds East with the common line of said Rayzor tract remainder and said City Tract I described in Volume 697, page 207, again crossing said Windsor Drive pavement, in all 737.20 feet to an "RPLS 1640" capped 5/8" iron rod found in place for the west corner of that certain tract conveyed to Rayzor Investments by correction instrument recorded in Volume 3441, Page 883, of said Deed Records; THENCE with the northerly and east lines of said Rayzor Investments tract for the southerly and west lines of a remainder of said City Tract 1 described in Volume 697, Page 207, the following courses and distances: North 60 degrees, 38 minutes, 10 seconds East, 177.67 feet to an "RPLS capped 5/8" iron rod found for the beginning of a curve whose center bears South 29 degrees, 21 minutes, 50 seconds East, 484.52 feet; easterly with said curve, a distance of231.94 feet to an "RPLS 1640" capped 5/8" iron rod found in place for the end of said curve at the northeast corner of said Rayzor tract described in Volume 3441, Page 883; South 0 degrees, 53 minutes, 45 seconds West, 24.43 feet to the southeast corner of said Rayzor tract described in Volume 3441, page 883, in the southerly line of said City Tract 1 described in Volume 697, Page 207; THENCE North 71 degrees, 38 minutes, 30 seconds East with said southerly line of City Tract I described in Volume 697, page 207, 15.37 feet to a southeast corner of said City Tract 1 in the existing pavement of Hinkle Drive, a publicly-maintained roadway; THENCE North 0 degrees, 53 minutes, 45 seconds East with the east line of said City Tract I described in Volume 697, Page 207, in said Hinkle Drive Pavement, 29.97 feet to the southwest corner of that certain tract conveyed to the City of Denton as Tract 1 in deed recorded in Volume 1163, page 216, of said Deed Records; THENCE South 89 degrees, 00 minutes, 30 seconds East, 18.82 feet to the southeast corner of said City Tract I described in said Volume 1163, page 216, in the east line of said Rayzor Investments and in said pavement of Hinkle Drive; THENCE with said east line of Rayzor Investments tract and in said Hinkle Drive pavement, South 1 degree, 17 minutes, 30 seconds West, 1282.42 feet, and South 0 degrees, 55 minutes, 25 seconds West, 146.12 feet to the southeast corner of said Rayzor Investments tract from which point an "H & N" capped 1/2" iron rod bears North 88 degrees, 36 minutes, 20 seconds West, 32.77 feet; THENCE North 88 degrees, 36 minutes, 20 seconds West with the south line of said Rayzor Investments tract remainder, at 30.0 feet passing the northeast corner of said Lot 1, Block 1, Gateway Addition and continuing with the north line of said Lot 1, in all 1078.45 feet to the PLACE OF BEGINNING, and containing 30.7036 acres (1,337,448 square feet), of which 0.6816 acre (29,689 square feet) lies with the probable limits of Windsor Drive (based on Windsor Drive being an 80 foot wide right-of-way and the existing pavement being eastbound lanes of a divided roadway), and 0.9759 acre (42,510 square feet) lies within Hinkle Drive (based on one-half of a 60 foot wide right-of-way), leaving a net area clear of existing and expected roadways as defined above of 29.0461 acres (1,265,249 square feet). City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:DCA19-0006a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,suspending enforcementofregulationsprescribingthetypesofmaterials,productsoraestheticmethodsusedfor constructionorrenovationofresidentialandcommercialbuildings,insofarastheyconflictwithHB2439and th HB2497,passedbythe86LegislatureoftheStateofTexasandsignedbyGovernorGregAbbottonJune14, 2019;enactingselectedinterimamendmentstopreemptedprovisionsoftheDentonDevelopmentCode(Ord. 2002-040,aspreviouslyorhereafteramended),the2019DentonDevelopmentCode(Ord.DCA18-0009q,asit nowexistsorasitmaybeamended),andbuildingcoderegulations;providingforcompliancewithnewstate lawsaffectingmaterialsusedintheconstructionorrenovationofresidentialandcommercialbuildings,rules andproceduresbeforetheZoningBoardofAdjustment;providingforappeals;providingrelateddirectivesto theCityManager;providingaconflict/savingsclause;providinganeffectivedate.ThePlanningandZoning Commission recommends approval 6-0. (DCA19-0006a, House Bill 2439, Ron Menguita) City of DentonPage 1 of 1Printed on 8/16/2019 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: August 20, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, suspending enforcement of regulations prescribing the types of materials, products or aesthetic methods used for construction or renovation of residential and commercial buildings, in so far as they conflict with HB 2439 th and HB 2497, passed by the 86 Legislature of the State of Texas and signed by Governor Greg Abbott on June 14, 2019; enacting selected interim amendments to preempted provisions of the Denton Development Code (Ord. 2002-040, as previously or hereafter amended), the 2019 Denton Development Code (Ord. DCA18-0009q, as it now exists or as it may be amended), and building code regulations; providing for compliance with new state laws affecting materials used in the construction or renovation of residential and commercial buildings, rules and procedures before the Zoning Board of Adjustment; providing for appeals; providing related directives to the City Manager; providing a conflict/savings clause; providing an effective date. The Planning and Zoning Commission recommends approval 6-0. (DCA19-0006a, House Bill 2439, Ron Menguita) BACKGROUND As a result of recently passed legislation House Bill 2439 which will be effective September 1, 2019, staff is in the process of preparing required amendments to the 2019 Denton Development Code (DDC). In order to comply with the House Bill, the attached ordinance will supersede enforcement of regulations covered by House Bill 2439. The ordinance will suspend enforcement of regulations prescribing the types of materials, products or aesthetic methods used for construction or renovation residential and commercial buildings. Attached for your review as Exhibit 2 is a draft of the 2439 House Bill ordinance. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommends approval of the ordinance 6-0, with a recommendation to add the following WHEREAS: “WHEREAS, the City Council of the City of Denon, Texas urges the Texas Legislature to reconsider the provisions of the Act at its earliest opportunity;” PRIOR ACTION/REVIEW (Council, Boards, Commissions) April 10, 2019 - Planning and Zoning Commission Public Hearing – recommended approval of the Denton Development Code (DDC) Update. April 23, 2019 - City Council Public Hearing – approved the Denton Development Code (DDC) Update with an effective date of October 1, 2019. May 21, 2019 - City Council Work Session July 23, 2019 - City Council Work Session August 7, 2019 - Planning and Zoning Commission Work Session August 13, 2019 - City Council Work Session August 14, 2019 - Planning and Zoning Commission Public Hearing EXHIBITS 1.Agenda Information Sheet 2.2439 House Bill Draft Ordinance 3.Presentation Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner S:\\Legal\\Our Documents\\Ordinances\\19\\DCA19-0006 refined.docx ORDINANCE NO. DCA19-0006 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SUSPENDING ENFORCEMENT OF REGULATIONS PRESCRIBING THE TYPES OF MATERIALS, PRODUCTS OR AESTHETIC METHODS USED FOR CONSTRUCTION OR RENOVATION OF RESIDENTIAL AND COMMERCIAL BUILDINGS, IN SO FAR AS THEY CONFLICT WITH HB 2439 AND HB 2497, TH PASSED BY THE 86 LEGISLATURE OF THE STATE OF TEXAS AND SIGNED BY GOVERNOR GREG ABBOTT ON JUNE 14, 2019; ENACTING SELECTED INTERIM AMENDMENTS TO PREEMPTED PROVISIONS OF THE DENTON DEVELOPMENT CODE (ORD. 2002-040, AS PREVIOUSLY OR HEREAFTER AMENDED), THE 2019 DENTON DEVELOPMENT CODE (ORD. DCA18-0009q, AS IT NOW EXISTS OR AS IT MAY BE AMENDED), AND BUILDING CODE REGULATIONS; PROVIDING FOR COMPLIANCE WITH NEW STATE LAWS AFFECTING MATERIALS USED IN THE CONSTRUCTION OR RENOVATION OF RESIDENTIAL AND COMMERICAL BUILDINGS; RULES AND PROCEEDINGS BEFORE THE ZONING BOARD OF ADJUSTMENT; PROVIDING FOR APPEALS; PROVIDING RELATED DIRECTIVES TO THE CITY MANAGER; PROVIDING A CONFLICT/SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the 2019 Legislature enacted HB 2439, prohibiting municipal regulation of materials used for construction and renovation of residential and commercial buildings in certain instances and subject to certain exceptions; and WHEREAS, HB 2439 affects both the enactment of new regulations and the enforcement of existing regulations pertaining to materials for construction or alteration of residential and commercial buildings; and WHEREAS, HB 2439 was signed by the Governor on June 14, 2019 and has an effective date of September 1, 2019; and WHEREAS, HB 2497 requires amendments to procedures applicable to the rules of and appellate procedures before the Zoning Board of Adjustment; and WHEREAS, HB 2497 was signed by the Governor on June 10, 2019 and has an effective date of September 1, 2019; and WHEREAS, it is the intent of the City Council of the City of Denton, Texas , to fully comply with the provisions of HB 2439 and HB 2497, while maximizing the public health, safety and general welfare of its citizens; and WHEREAS, the City Council finds that City regulations prescribing the types of materials, products or aesthetic methods used for the construction or alteration of residential and commercial buildings are essential for preserving the public health and safety of its citizens and substantially further the economic development and general welfare of the City; and WHEREAS, the City Council further finds that the exemptions provided for in HB 2439 advance the public health, safety and general welfare of the citizens of the City; and WHEREAS, the exemptions to the provisions of HB 2439 hereinafter provided by this Ordinance are in accordance with the purpose and content of such law; and WHEREAS, there is insufficient time before HB 2439 takes effect to amend specific provisions of s zoning and building regulations that may conflict with the provisions of HB 2439; and WHEREAS, it is the intent of this Ordinance to supersede enforcement of regulations prescribing the types of materials, products or aesthetic methods used for construction or renovation of residential and commercial buildings, in so far as they conflict with HB 2439; and WHEREAS, it is the further intent of this Ordinance to provide procedures for appealing decisions of officials in the enforcement of regulations prescribing the types of materials, products and aesthetic methods used for construction or renovation of residential and commercial buildings; and WHEREAS, it is the further intent of this Ordinance to provide information to citizens of the City, Texas, that are affected by HB 2439 concerning the prohibitions and limitations on enactment and enforcement of zoning and building regulations prescribing the types of materials, products and aesthetic methods used for construction or renovation of residential and commercial buildings; and WHEREAS, the 2019 Legislature enacted HB 2497 affecting procedures and appellate rights tment, with an effective date of September 1, 2019; and WHEREAS, it is the further intent of this Ordinance to make selected interim amendments to the provisions of the Denton Development Code in order to implement such changes; and WHEREAS, the City has given notice of the selected interim amendments to the zoning and building regulations contained in this Ordinance in accordance with all provisions of state law and the ordinances; and WHEREAS, a public hearing on the provisions of this Ordinance b& Zoning Commission was conducted on August 14, 2019; and WHEREAS, the City Council has received the report of the Commission recommending approval of this Ordinance; and WHEREAS, a public hearing on the provisions of this Ordinance before the City Council was conducted on August 20, 2019; and WHEREAS, the City Council finds that this Ordinance substantially advances the public health, safety and general welfare of the citizens of the City, Texas; and WHEREAS, the City Council of the City of Denton, Texas urges the Texas Legislature to reconsider the provisions of these Acts at its earliest opportunity; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: Incorporation of Recitals. The foregoing recitals hereby are incorporated by reference and made a part hereof as if fully set forth. SECTION 2. Definitions. The following definitions apply to the provisions of this ordinance: (a) National model code means a publication that is developed, promulgated, and periodically updated at a national level by organizations consisting of industry and government fire and building safety officials through a legislative or consensus process and that is intended for consideration by National Electrical Code and the International Building Code. 2 (b) Residential building means a building having the character of a one-family or two-family dwelling or a multiple single-family dwelling that is not more than three stories high with separate means of egress, including the accessory structures of the dwelling and that does not have the character of a facility used for the accommodation of transient guests or a structure in which medical, rehabilitative, or assisted living services are provided in connection with the occupancy of the structure. (c) b a building for the use or occupation of people for a public purpose or economic gain, or a residence if the building is a multi-family residence that is not defined as a residential building. (d) adopted by the City, as amended: the 2012 International Residential Code, the 2011 National Electrical Code; the 2012 International Building Code; the 2012 International Plumbing Code; the 2012 International Mechanical Code; and the 2015 International Energy Conservation Code. SECTION 3. Prohibitions on Enforcement. (a) rules to the contrary, an official responsible for enforcement of the Denton Development Code or Building Codes, as designated by city charter, ordinance or other authorization of the City, shall not: (1) prohibit or limit, directly or indirectly, the use or installation of a building product or material in the construction, renovation, maintenance, or other alteration of a residential or commercial building if the building product or material is approved for use by a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building; or (2) enforce a standard for a building product, material, or aesthetic method in construction, renovation, maintenance, or other alteration of a residential or commercial building if the standard is more stringent than a standard for the product, material, or aesthetic method under a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building. (b) An applicant who proposes to use a building material, product or aesthetic method in the construction or alteration of a residential or commercial building that is prohibited or limited by the Denton Development Code or building codes, as amended, or that is less stringent than the standard established by such Ordinance or building codes, as amended, shall identify each provision in a national model code published within the last three code cycles that approves the use of such building material, product or aesthetic method, as a necessary requirement of the application. (c) An applicant may agree in writing to employ a building material, product or aesthetic method for use in the construction or alternation of a residential or commercial building that otherwise cannot be enforced under subsection (a). SECTION 4. Exemptions for ordinances, requirements and programs. The prohibitions in Section 3 do not apply to the following ordinances, requirements or programs of the City or State, and the officials responsible for enforcement of the Denton Development Code and Building Codes, as designated by city charter, ordinance or other authorization of the City, shall apply all regulations and standards prescribed by such enactments, requirements or programs, whether such ordinances, requirements or programs existing or hereafter adopted or established, to the fullest extent therein provided: 3 (a) a local amendment of a building code to conform to local concerns if the amendment does not conflict with Sections 3(a) or (b); (b) a program established by a state agency that requires particular standards, incentives, or financing arrangements in order to comply with requirements of a state or federal funding source or housing program; (c) a requirement for a building necessary to consider the building eligible for windstorm and hail insurance coverage under Chapter 2210, Texas Insurance Code; (d) an ordinance or other regulation that regulates outdoor lighting that is adopted for the purpose of reducing light pollution and that: (1) is adopted by a governmental entity that is certified as a Dark Sky Community by the International Dark-Sky Association as part of the International Dark Sky Places Program; or (2) applies to outdoor lighting within five miles of the boundary of a military base in which an active training program is conducted; (e) an ordinance that regulates outdoor lighting and is adopted under Subchapter B, Chapter 229, Texas Local Government Code, or under Subchapter B, Chapter 240, Texas Local Government Code; or (f) installation of a fire sprinkler protection system under Tex. Occupation Code, section 1301.551(i), or under Tex. Health and Safety Code, section 775.045(a)(1). SECTION 5. Exemptions for Buildings. The prohibitions in Section 3 do not apply to the following buildings, and the officials responsible for enforcement of the Denton Development Code and Building Codes, as designated by city charter, ordinance or other authorization of the City, shall apply all regulations and standards prescribed by those ordinances or codes to such buildings, whether such provisions are existing or hereafter adopted or established, to the fullest extent. (a) a building located in a place or area designated for its historical, cultural, or architectural importance and significance by the City which were adopted by the City Council prior to April 1, 2019: (b) a building located in a zoning district designated by the City Council after April 1, 2019 for its historical, cultural, or architectural importance and significance by the City, and for which the owner has voluntarily consented in writing to the application of the regulations or standards prohibited by Section 3, including the following zoning districts and any district that may hereafter be created by the City Council for its historical, cultural, or architectural importance and significance; (c) a building located in a place or area designated for its historical, cultural, or architectural importance and significance that a municipality may regulate under Section 211.003(b), Texas Local Government Code, if the municipality (1) is a certified local government under the National Historic Preservation Act (54 U.S.C. Section 300101 et seq.); or (2) has an applicable landmark ordinance that meets the requirements under the certified local government program as determined by the Texas Historical Commission; (d) a building located in an area designated as a historic district on the National Register of Historic Places; (e) a building designated as a Recorded Texas Historic Landmark; (f) a building designated as a State Archeological Landmark or State Antiquities Landmark; 4 (g) a building listed on the National Register of Historic Places or designated as a landmark by a governmental entity; (h) a building located in a World Heritage Buffer Zone; and (i) a building located in an area designated for development, restoration, or preservation in a main street city under the main street program established under Section 442.014, Texas Govt. Code. SECTION 6. Appeal. An applicant, landowner or other aggrieved person may appeal the decision of an official responsible for enforcement of the Denton Development Code or Building Codes, as designated by city charter, ordinance or other authorization of the City, applying a regulation or standard to the construction, renovation, maintenance, or other alteration of a residential or commercial building, which application is asserted to be prohibited by Section 3, in the following manner: (a) If the decision applies a requirement of a building code, to the Building Board of Appeals, or if there is no Building Board, to the Zoning Board of Adjustment; or (b) if the decision applies a requirement of the zoning ordinance, to the Zoning Board of Adjustment. The appeal shall identify the provision or provisions which the appellant alleges to have been applied in violation of Section 3. The appeal shall be filed, processed and decided in the manner provided for appeals by the appellate entity herein designated. SECTION 7. Amendments to Zoning Board of Adjustment Procedures. Notwithstanding any other apply to the adoption of or amendment to rules of the Zoning Board of Adjustment and to appellate procedures before the Board. (a) Rules of the Zoning Board of Adjustment adopted or amended on or after September 1, 2019, must be approved by the City Council. (b) Appeals to the Board from the decision of an administrative official made on or after September 1, 2019, shall be governed by the following rules: (1) an appeal of a decision by an administrative official that is not related to a specific application, address or project may be made by an aggrieved person or any officer, department, board, or bureau of the City affected by the decision. (2) an appeal of a decision by an administrative official that is related to a specific application, address or project may be made by: the applicant; t property that is the subject of the decision; an aggrieved person who is the owner of property within 200 feet of the property that is the subject of the decision; or any officer, department, board, or bureau of the City affected by the decision. SECTION 9. Conflict/Savings Clause. In the event of a conflict between the provisions of this Ordinance and any other regulation or rule prescribed by charter, another ordinance, resolution or authorization of the City, the provisions of this Ordinance shall control. Notwithstanding the foregoing, all rights and remedies of the City are expressly saved as to any and all complaints, actions, claims, or lawsuits, which have been initiated or have arisen under or pursuant to such conflicting regulation or rule, or portion thereof, on the date of adoption of this Ordinance shall continue to be governed by the provisions of the 5 conflicting regulation or rule, and for that purpose the conflicting regulation or rule shall remain in full force and effect. SECTION 10. Effective Date. This Ordinance shall take effect immediately upon passage and approval. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________; the ordinance was passed and approved by the following vote \[___ - ___\]: Aye Nay Abstain Absent Mayor Chris Watts: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this, the _____ day of _____________, 2019. _______________________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /s/Jerry E. Drake, Jr. 6 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:DCA19-0007a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,suspendingany conflictingapplicationofthosepermittingandapprovalproceduresrelatedtosubdivisionanddevelopment plansorplats,containedineithertheDentonDevelopmentCode(Ord.2002-040,aspreviouslyorhereafter amended)orthe2019DentonDevelopmentCode(Ord.DCA18-0009q,asitnowexistsorasitmaybe th amended),tothelimitedextentthateitherconflictswiththeprovisionsofHB3167,passedbythe86 LegislatureofthestateofTexasandsignedbyGovernorGregAbbottonJune14,2019,directingcitystaffto processallplansandplatsasdefinedinHB3167inaccordancewiththeprovisionsofHB3167;providingfor conflict/savingsclause;andprovidinganeffectivedate.ThePlanningandZoningCommissionrecommends approval 6-0. (DCA19-0007a, House Bill 3167, Ron Menguita) City of DentonPage 1 of 1Printed on 8/16/2019 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: August 20, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, suspending any conflicting application of those permitting and approval procedures related to subdivision and development plans or plats, contained in either the Denton Development Code (Ord. 2002-040, as previously or hereafter amended) or the 2019 Denton Development Code (Ord. DCA18-0009q, as it now exists or as it may be th amended), to the limited extent that either conflicts with the provisions of HB 3167, passed by the 86 Legislature of the state of Texas and signed by Governor Greg Abbott on June 14, 2019, directing city staff to process all plans and plats as defined in HB 3167 in accordance with the provisions of HB 3167; providing for conflict/savings clause; and providing an effective date. The Planning and Zoning Commission recommends approval 6-0. (DCA19-0007a, House Bill 3167, Ron Menguita) BACKGROUND As a result of recently passed legislation House Bill 3167 which will be effective September 1, 2019, staff is in the process of preparing required amendments to the 2019 Denton Development Code (DDC). The attached ordinance suspends the applicant of any procedures of the DDC that would be in conflict with House Bill 3167. The ordinance will suspend any conflict application of those permitting and approval procedures relating to subdivision and development plans or plats, contained in either the current 2002 DDC or the succeeding 2019 DDC, as they now exist or as they may be amended. Attached for your review as Exhibit 2 is a draft of the 3167 House Bill ordinance. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommends approval of the ordinance 6-0. PRIOR ACTION/REVIEW (Council, Boards, Commissions) April 10, 2019 - Planning and Zoning Commission Public Hearing – recommended approval of the Denton Development Code (DDC) Update. April 23, 2019 - City Council Public Hearing – approved the Denton Development Code (DDC) Update with an effective date of October 1, 2019. May 21, 2019 - City Council Work Session July 23, 2019 - City Council Work Session August 7, 2019 - Planning and Zoning Commission Work Session August 13, 2019 - City Council Work Session August 14, 2019 - Planning and Zoning Commission Public Hearing EXHIBITS 1.Agenda Information Sheet 2.3167 House Bill Draft Ordinance 3.Presentation Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner S:\\Legal\\Our Documents\\Ordinances\\19\\DCA 19-0007.docx ORDINANCE NO. DCA 19-0007 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SUSPENDING ANY CONFLICTING APPLICATION OF THOSE PERMITTING AND APPROVAL PROCEDURES RELATING TO SUBDIVISION AND DEVELOPMENT PLANS OR PLATS, CONTAINED IN EITHER THE DENTON DEVELOPMENT CODE (ORD. 2002-040, AS PREVIOUSLY OR HEREAFTER AMENDED) OR THE 2019 DENTON DEVELOPMENT CODE (ORD. DCA18-0009q, AS IT NOW EXISTS OR AS IT MAY BE AMENDED), TO THE LIMITED EXTENT THAT EITHER TH CONFLICTS WITH THE PROVISIONS OF HB 3167, PASSED BY THE 86 LEGISLATURE OF THE STATE OF TEXAS AND SIGNED BY GOVERNOR GREG ABBOTT ON JUNE 14, 2019; DIRECTING CITY STAFF TO PROCESS ALL PLANS AND PLATS AS DEFINED IN HB 3167 IN ACCORDANCE WITH THE PROVISIONS OF HB 3167; PROVIDING FOR A CONFLICT/SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. th WHEREAS, the 86 Legislature of the State of Texas passed HB 3167 which was signed by Governor Abbott on June 14, 2019, with an effective date of September 1, 2019 WHEREAS, the Act requires extensive revisions to both the Denton Development Code and the 2019 Denton Development Code, and to the way in which the plats and plans, as defined in the Act, are processed by the staff and the Planning & Zoning Commission; and WHEREAS, the City Council of the City of Denton, Texas urges the Texas Legislature to reconsider the provisions of the Act at its earliest opportunity; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals set forth above are incorporated as if fully set forth herein. SECTION 2. The City Council hereby acknowledges the provisions of the Act and suspends the application of any ordinance or process contained in either the Denton Development Code or the succeeding 2019 Denton Development Code, as they now exist or as they may be amended, that conflict with the provisions and requirements of the Act. SECTION 3. staff, and outside consultants to process, approve, approve with conditions, or deny all plats and plans, as defined in the Act, in accordance with the provisions and requirements of the Act. SECTION 4. Conflict/Savings Clause. In the event of a conflict between the provisions of this Ordinance and any other regulation or rule prescribed by charter, another ordinance, resolution or authorization of the City, the provisions of this Ordinance shall control. Notwithstanding the foregoing, all rights and remedies of the City are expressly saved as to any and all complaints, actions, claims, or lawsuits, which have been initiated or have arisen under or pursuant to such conflicting regulation or rule, or portion thereof, on the date of adoption of this Ordinance shall continue to be governed by the provisions of the conflicting regulation or rule, and for that purpose the conflicting regulation or rule shall remain in full force and effect. SECTION 5. Effective Date. This Ordinance shall take effect immediately upon passage and approval. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________, the ordinance was passed and approved by the following vote \[___ - ___\]: Aye Nay Abstain Absent Mayor Chris Watts: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this, the _____ day of _____________, 2019. _______________________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /s/Jerry E. Drake, Jr. PAGE 2