HomeMy WebLinkAbout2020-02-11 Agenda with BackupCity Council
City of Denton
Meeting Agenda
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Work Session Room & Council Chambers1:00 PMTuesday, February 11, 2020
WORK SESSION BEGINS AT 1:00 P.M. IN THE WORK SESSION ROOM
CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA AND ITEMS FOR
INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE
CLOSED MEETING IN THE WORK SESSION ROOM
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a
Work Session on Tuesday, February 11, 2020, at 1:00 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
Receive a report, hold a discussion, and give staff direction regarding an overview of the
Denton County Behavioral Health Leadership Team and its initiatives for comprehensive
behavioral health in Denton County.
ID 19-2338A.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Presentation
Exhibit 3 - Denton County Behavioral Health Leadership Team Strategic Plan
Exhibit 4 - Mental Health Best Practice Opportunities Report
Attachments:
Receive a report, hold a discussion and provide staff direction regarding the alignment of
an east-west Primary Arterial in the southern area of the City.
ID 20-273B.
Exhibit 1 - Agenda Information Sheet Hickory Creek
Exhibit 2 - Presentation
Attachments:
Receive a presentation and hold a discussion regarding the Water and Wastewater Cost
of Service and Rate Design Study.
ID 20-330C.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Presentation
Attachments:
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February 11, 2020City Council Meeting Agenda
Receive a report, hold a discussion, and give staff direction on pending City Council
requests for:
(1)Appropriate zoning/land use incentives for developing areas near capped gas wells;
and
(2)Producing an RFQ for a study on the public health impacts of gas wells.
ID 20-005D.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Ordinance 19-2026 - City Council Request Process
Exhibit 3 - Gas Well Study Informal Staff Reports and Work Session Materials
Exhibit 4 - Presentation
Attachments:
Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider
specific items when these items are listed below under the Closed Meeting section of this agenda. The City
Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent
with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law.
Closed Meeting:
Deliberations regarding Personnel Matters - Under Texas Government Code Section
551.074.
Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the
City Auditor.
ID 20-409A.
NOTE: Any item for which a formal action at the Special Called Meeting has been taken by Council
may be subject to a request for a motion for reconsideration at any time during the meeting, at the
Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings
Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting
will be placed on the agenda and considered at the next official meeting of the City Council.
Following the completion of the Work Session, the City Council will convene in a Special Called
Meeting to consider the following item(s):
1. 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 – G). 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
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.
Consider adoption of an ordinance of the City of Denton authorizing a service agreement
between the City of Denton and Friends with Benefits; authorizing the City Manager, or
his designee, to execute said agreement; providing for the expenditure of council
contingency funds in an amount not to exceed two hundred dollars ($200); and providing
ID 20-120A.
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February 11, 2020City Council Meeting Agenda
for an effective date.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Ordinance and Agreement
Attachments:
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 Reinvestment Fund,
Inc., for an affordable housing assessment for the City of Denton; providing for the
expenditure of funds therefor; and providing an effective date (RFP 7155 - awarded to
Reinvestment Fund, Inc., in the not-to-exceed amount of $99,959).
ID 20-308B.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Pricing Evaluation
Exhibit 3 - Ordinance and Contract
Attachments:
Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal
corporation, authorizing the City Manager to execute an agreement with Stryker Sales
Corporation through the National Association of State Procurement Officials (NASPO)
Number # OK-SW-300, for the purchase of Mechanical Chest Compression Devices
and LifePak Items for the City of Denton Fire Department; authorizing the expenditure of
funds therefor; and declaring an effective date (File 7171 - award an agreement with
Stryker Sales Corporation, in the not-to-exceed amount of $200,000).
ID 20-309C.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Price List
Exhibit 3 - Ordinance and Addendum
Attachments:
Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal
corporation, authorizing the City Manager, or his designee, to utilize a contract through the
City of Grand Prairie Contract Number 6471 R1, for pavement marking services;
providing the expenditure of funds therefor; and providing an effective date (File 7283 -
awarded to Stripe-A-Zone, Inc., in the not-to-exceed amount of $500,000).
ID 20-311D.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Pricing
Exhibit 3 - Ordinance
Attachments:
Consider approval of a resolution revising the City of Denton Employee Ethics Policy,
reference number 10.00, within the City of Denton Personnel Policies and Procedures;
and providing an effective date.
ID 20-354E.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Red-lined Ethics Policy
Exhibit 3 - Ethics Resolution and Policy
Attachments:
Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or
his designee, to execute and deliver an Advance Funding Agreement for Congestion
Mitigation and Air Quality (CMAQ) Improvement Program Project and a Surface
Transportation Block Grant (STBG) Program Project, between the City of Denton and
ID 20-353F.
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February 11, 2020City Council Meeting Agenda
the Texas Department of Transportation, for the Bonnie Brae Widening and
Improvements Phase 6 Project as specified in the agreement; authorizing the expenditure
of funds thereof; and providing an effective date.
Exhibit 1 AIS.pdf
Exhibit 2 Ordinance & Advanced Funding Agreement (AFA).pdf
Attachments:
Consider adoption of an ordinance of the City of Denton, Texas granting Northstar
Builders Group a noise exception to perform construction work on the Denton High
School outside of the authorized work hours, set forth in Section 17-20 of the Code of
Ordinances, one time during each of the following weeks: February 17, March 24, April
13, and May 4, 2020 (weather permitting) from 4:00 a.m. to 8:30 p.m., on property
located at 3001 Bronco Way; and providing an effective date.
ID 20-372G.
Exhibit 1 - Agenda Information System
Exhibit 2 - Applicant Request
Exhibit 3 - Aerial Map
Exhibit 4 - Slab Sequence Map
Exhibit 5 - Site Plan
Exhibit 6 - Ordinance
Attachments:
2. ITEMS FOR INDIVIDUAL CONSIDERATION
Consider adoption of an ordinance of the City of Denton prohibiting on -street parking on
the south side of East Windsor Drive from Glenwood Lane to Hanover Drive between 7
AM and 4 PM; 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.
ID 20-347A.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Map
Exhibit 3 - DISD letter
Exhibit 4 - Ordinance
Attachments:
Consider adoption of an ordinance of the City of Denton, Texas, approving a Specific
Use Permit to allow for a multi-family dwelling use on an approximately 15.34 acres of
land, generally located on the northwest corner of Duchess Drive and Loop 288, in the
City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of
$2,000.00 for violations thereof; providing for severability; and establishing an effective
date. The Planning and Zoning Commission recommended denial (4-3). THIS ITEM
WAS POSTPONED AT THE FEBRUARY 4, 2020 CITY COUNCIL MEETING.
(S19-0012d, Denton Grove Apartments, Julie Wyatt)
S19-0012eB.
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February 11, 2020City Council Meeting Agenda
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Staff Analysis
Exhibit 3 - Site Location Map
Exhibit 4.1 Zoning Map (2002)
Exhibit 4.2 Zoning Map (2019)
Exhibit 5 - Future Land Use Map
Exhibit 6 - Proposed Site Plan
Exhibit 7 - Proposed Landscape Plan
Exhibit 8 - Sample Building Elevations
Exhibit 9 - LLC Members List
Exhibit 10 - Notification Map and Responses
Exhibit 11 - Resolution of No Objection – Affordable Housing Tax Credits
Exhibit 13 - December 11, 2019 Planning and Zoning Commission Meeting Minutes
Exhibit 14 - Presentation
Exhibit 14 - Ordinance
Attachments:
Consider approval of a resolution of the City of Denton amending the acceptance of
Sponsorships and Donations Policy; providing a repealer; and declaring an effective date.
ID 20-169C.
Exhibit 1 Agenda Information Sheet
Exhibit 2 Resolution 19-1336
Exhibit 3 Sponsorship and Donation Policy (Red Line)
Exhibit 4 Sponsorship and Donation Policy (Clean)
Exhibit 5 Resolution
Exhibit 6 Presentation
Attachments:
Consider adoption of an ordinance of the City of Denton amending Chapter 3, titled
“Airports,” of the code of ordinances of the City of Denton regarding Airport
Governance; adopting Airport Rules and Regulations and Airport Minimum Operating
Standards as Guiding Documents; providing a repealer clause; providing for penalties;
providing for codification; providing a severability clause; and providing an effective date .
Council Airport Committee recommends approval (2-0).
ID 20-240D.
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Ordinance
Exhibit 3 - Presentation - Airport Guiding Documents
Attachments:
Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal
corporation, authorizing the approval of Change Order No. 1 to the contract between the
City of Denton and Quality Excavation, LLC, for the Hinkle and Windsor Paving and
Drainage Project (Magnolia PH II); providing for the expenditure of funds therefor; and
providing an effective date (IFB 6902 - Change Order No. 1 in the not-to-exceed
amount of $518,744.21 for a total contract award aggregated to $6,746,003.21). The
Public Utilities Board recommends approval (7 - 0).
ID 20-390E.
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February 11, 2020City Council Meeting Agenda
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - LLC Members
Exhibit 3 - Original Ordinance and Contract
Exhibit 4 - Ordinance and Change Order 1
Exhibit 5 - LTD Conversion to LLC
Exhibit 6 - Presentation
Attachments:
Consider nominations/appointments to the City’s Boards, Commissions, and Committees:
Library Board.
ID 20-256F.
Exhibit 1 - Agenda Information Sheet B&C - 02-11-2020
Exhibit 2 - Nominations 02-11-2020
Attachments:
3. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council
or the public with specific factual information or recitation of policy, or accept a proposal to place the
matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open
Meetings Act, provide reports about items of community interest regarding which no action will be taken,
to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules;
an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about
an upcoming event organized or sponsored by the governing body; information regarding a social,
ceremonial, or community event organized or sponsored by an entity other than the governing body that
was attended or is scheduled to be attended by a member of the governing body or an official or employee
of the municipality; or an announcement involving an 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.
C E R T I F I C A T E
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 7th day of February, 2020 at 4:53 p.m.
__________________________________________
CITY SECRETARY
NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE
ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY
WILL PROVIDE ACCOMODATION, SUCH AS 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 940-349-8309 OR
USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX
SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED.
Page 6 Printed on 2/12/2020
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 19-2338,Version:1
Receive a report, hold a discussion, and give staff direction regarding an overview of the Denton County
Behavioral Health Leadership Team and its initiatives for comprehensive behavioral health in Denton County.
City of Denton Printed on 2/7/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Public Affairs/IGR – Community Development
CM/ DCM/ ACM: Sara Hensley
DATE: February 11, 2020
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding an overview of the Denton County
Behavioral Health Leadership Team and its initiatives for comprehensive behavioral health in Denton
County.
BACKGROUND
Using the Collective Impact approach to unite a community of diverse people and achieve truly meaningful
social change, Denton County Behavioral Health Leadership Team (DCBHLT) is working toward
comprehensive behavioral health for every person in Denton County. As an advocate for overall mental
health, United Way of Denton County serves as the backbone organization to the DCBHLT. This team
advocates and facilitates a collaborative person-centered behavioral health system to repair and restore
lives. The Mental Health Best Practice Opportunities for Denton County Report (Exhibit 4) completed in
March of 2015 provided an independent analysis of the county’s local mental health system performance
and identified specific strategies for Denton County to support development of a highly responsive,
clinically effective, and efficient community behavioral health system. This led to the formation of the
DCBHLT in June 2015.
DISCUSSION
Courtney Cross, Director of Mental Health and Housing with the United Way of Denton County will
provide an overview of the Denton County Behavioral Health Leadership Team and its initiatives for
comprehensive behavioral health in Denton County to City Council. The DCBHLT’s current Strategic Plan
is provided in Exhibit 3 and information on the work session presentation is provided in Exhibit 2.
EXHIBITS
1. Agenda Information Sheet
2. Presentation
3. Denton County Behavioral Health Leadership Team Strategic Plan
4. Mental Health Best Practice Opportunities Report
Respectfully submitted:
Sarah Kuechler
Chief of Staff
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
2020-2022 Strategic Plan
Behavioral Health in Denton CountyAn estimated 163,222 people in Denton County met the criteria for a diagnosable mental health concern in 2018.Source: National Institute of Mental Health (https://www.nimh.nih.gov/health/statistics/mental-illness.shtml)(2017 national prevalence rates* and 2018 U.S. Census population estimates for Denton County)
Purpose & ApproachThe Denton County BehavioralHealth Leadership Team (DCBHLT) isas a policy making team whosepurposeistoimprovetheplanning,coordination and oversight requiredto create systems change forbehavioral health services in DentonCounty.The DCBHLT functions as a quasi-governmental team with guidingcharter and bylaws (linked)underthebackbonesupportofUnitedWay of Denton County CollectiveImpact Model.Collective Impact(linked)involves five key conditionsfor shared success.
Vision & MissionVisionComprehensive behavioral health for every person in Denton CountyMissionThe Denton County Behavioral Health Leadership Team will advocate and facilitate a collaborative person-centered behavioral health system to repair and restore lives:•Ensure behavioral health services are available to meet the needs of all•Assess data for continuous outcome measurements•Prioritize data driven recommendations•Provide a continuum of care
DCBHLT HistoryJune 2015Behavioral Health Leadership Team convened for the first time; Bylaws & Charter formed August 2015March 2015Meadows publishes co-sponsored Mental Health Best Practice Opportunities Report for Denton County, co-sponsored by City of Denton (see backup) February 2014Citizen’s Council on Mental Health formed through private donationSeptember 2013United Way of Denton County publishes Mental Health Needs AssessmentFebruary 2016DCBHLT lead inaugural community partnership with Meadows Mental Health Policy Institute’s Okay to Say mental health stigma campaignMay 2016DCBHLT Housing Workgroup transitions to new Collective Impact Initiative, Denton County Homelessness Leadership TeamJune/August 2016Executed contract for the HHSC Texas Veterans + Family Alliance Pilot Program Grant obtained; Veteran Community Navigator program launch with SB55 Author, Senator Jane NelsonSeptember 2016Community partners sponsored Mental Health First Aid facilitator training to provide community wide educationApril 2017Denton County Veterans Center opens with help from community donors
DCBHLT HistoryJune 2017Project Camo begins, an HHSC Phase IIB grant awarded through SB 55 for Military Mental Health First Aid and Military Veteran reintegrationAugust 2017HHSC TV+FA Phase I Grant ends; surpassed grant metric of 200 Veteran clients. Working toward sustainability for VCN program.May 2018Sequential Intercept Model Mapping Workshop held in Denton County to illustrate behavioral health needs within the criminal justice systemDCBHLT/UWDC Awarded HB13 Community Mental Health Grant through HHSC July 20182 Veteran Community Navigator positions included in the Denton County FY19 budget2 Qualified Mental Health Provider positions for Correctional Health included in the Denton County FY19 budget1 Mental health supervisor within Correctional Health included in the Denton County FY19 budgetSeptember 2019North Texas opened Denton County Mental Health Annex on S. Carroll Blvd.82 people trained in Mental Health First Aid for the yearOctober 2019UWDC backbone support restructuring to align Behavioral Health and Homelessness Leadership Teams under single DirectorJanuary 2020DCBHLT approves 2020-2022 Strategic Plan
COLLABORATIVE STRUCTURECo-Chairs/ Backbone Support(2)WORK GROUPSDenton County Commissioners Court(3-5)Municipal (Denton, Lewisville, Corinth)(3-6)Small Cities/Towns Coalition(1-2)Individuals may serve on multiple work groupsHealth Systems Hospitals, LMHA, Public Health(3-7)Health FundersInsurance Providers(1-2)Human SystemsISDs, Higher Ed., Law Enforcement, Housing, WATCH(4-10)United Way of Denton County(1)1 – Chartered by political entities, formal reporting, accountability2 – Co-Chairs nominated and elected by group; Backbone supported by the United Way of Denton CountyWork groups involve broader range of Change AgentsAmended 1/16/2020Jail Diversion Crisis System/ Sequential InterceptChild & FamilySystemsISDs, Multiagency, JJVeteransCrisis InterventionMental HealthReintegrationState and Federal Legislatures (1-3)DENTON COUNTY BEHAVIORAL HEALTH LEADERSHIP TEAMserves as the County oversight committee (1)19 - 38 Total MembersAd Hoc Substance Use CommitteeAppointed November 2019Human Services/ Nonprofits(2-3)
APPOINTEESAppointee Organization Sector Ms. Elizabeth Ferring Community Member CommunityDr. Kathryn Stream, Ph. D Community Member CommunityMrs. Terry Widmer Denton County Commissioners' Court Denton CountyMs. Monya Crow, M.Ed. LPC-S Lewisville ISD EducationDr. Tamara Knapp-Grosz UNT EducationDr. Richard Valenta, Ph. D Denton ISD EducationMs. Melinda Galler, M.S. City of Lewisville GovernmentHon. Bobbie Mitchell Denton County GovernmentMr. TJ Gilmore City of Lewisville GovernmentMs. Dianne Hickey Denton County MHMR Health CareMs. Hope Galloway Texas Health Resources Health CareMr. Scott Domingue Texas Health Resources Health CareDr. Stephanie Brown, Ph.D Texas Woman's University Higher Education Dr. Roxanne del Rio, Ph.d North Central Texas College Higher Education Ms. Jodi Vicars-Nance Denton Affordable Housing Housing
Appointee Organization Sector Judge Coby Waddill Denton County Criminal Court # 5 JudicialChief Kevin Deaver City of Lewisville Police Department Law EnforcementChris Summit Denton Police Department Law EnforcementChief Jerry Garner City of Corinth Police Department Law EnforcementCaptain Douglas Lee Denton County Sheriffs Office Law EnforcementMr. Craig Daugherty Beacon Health Options Managed Care Org.Chief Kenneth Hedges Denton Fire Department MunicipalEmily Taylor Our Daily Bread NonprofitDr. Matt Richardson Denton County Public Health Public HealthMr. Juan Rodriguez, MPH Denton County Public Health Public HealthBrooke Hambrick Texas Senate District 12-Jane Nelson State & Fed. LegislaturesMs. Suzann Woodard Texas House District 64-Lynn Stucky State & Fed. LegislaturesDr. Linda Holloway United Way of Denton County UWDCDr. Lisa Elliott, Ph. D Cook Children's (WATCH) WATCHAPPOINTEES
MISSION ALIGNMENT•Collective Impact alignment under single director in 2019 allows for increased synergies, comprehensive advocacy and informed resource allocation•Integrated health solutions that consider spectrum of need•Increased opportunities to address housing needs of behavioral health patients and behavioral health needs of people experiencing or at risk of homelessness
DCBHLT 2020-2022 Strategic PlanIncrease awareness and capacity of mental and behavioral health services to youth.Improve outcomes for justice-involved individuals with behavioral health needs.Increase access to Veterans services in Denton County.
JAIL DIVERSION: SEQUENTIAL INTERCEPT MODEL
Request for Appointee
Questions?Courtney CrossDirector of Mental Health & HousingUnited Way of Denton County, Inc. (940) 565-5851 ext. 116courtney@unitedwaydenton.org
2020-2022 Strategic Plan
Page 1
Strategic
Planning
Approach
The Denton County Behavioral Health Leadership
Team (DCBHLT)is committed to the development
of a strategic plan which guides necessary
systems change to ensure comprehensive,
accessible behavioral health services for every
person in Denton County.The strategic planning
committee consists of appointed and non-
appointed members of the DCBHLT.
The key components of the DCBHLT Strategic
Plan include:
•History
•Vision & Mission
•Purpose & Collective Impact Approach
•Structure & Appointees
•Strategic Goals with Measurable Results
Page 2
DCBHLT History
June 2015
Behavioral Health Leadership Team convened for the first time; Bylaws & Charter formed August 2015
March 2015
Meadows publishes co-sponsored Mental Health Best Practice Opportunities Report for Denton County
February 2014
Citizen’s Council on Mental Health formed through private donation
September 2013
United Way of Denton County publishes Mental Health Needs Assessment
February 2016
DCBHLT lead inaugural community partnership with Meadows Mental Health Policy Institute’s Okay to Say
mental health stigma campaign
May 2016
DCBHLT Housing Workgroup transitions to new Collective Impact Initiative, Denton County Homelessness
Leadership Team
June/August 2016
Executed contract for the HHSC Texas Veterans + Family Alliance Pilot Program Grant obtained;
Veteran Community Navigator program launch with SB55 Author, Senator Jane Nelson
September 2016
Community partners sponsored Mental Health First Aid facilitator training to provide community wide education
April 2017
Denton County Veterans Center opens with help from community donors
Page 3
DCBHLT History
June 2017
Project Camo begins, an HHSC Phase IIB grant awarded through SB 55 for Military Mental Health First Aid and
Military Veteran reintegration
August 2017
HHSC TV+FA Phase I Grant ends; surpassed grant metric of 200 Veteran clients. Working toward
sustainability for VCN program.
May 2018
Sequential Intercept Model Mapping Workshop held in Denton County to illustrate behavioral health needs
within the criminal justice system
May 2018
DCBHLT/UWDC Awarded HB13 Community Mental Health Grant through HHSC
July 2018
2 Veteran Community Navigator positions included in the Denton County FY19 budget
2 Qualified Mental Health Provider positions for Correctional Health included in the Denton County FY19
budget
1 Mental health supervisor within Correctional Health included in the Denton County FY19 budget
September 2019
North Texas opened Denton County Mental Health Annex on S. Carroll Blvd.
82 people trained in Mental Health First Aid for the year
October 2019
UWDC backbone support restructuring to align Behavioral Health and Homelessness Leadership Teams under
single Director
Page 4
Vision
&
Mission
Vision
Comprehensive behavioral health for every
person in Denton County
Mission
The Denton County Behavioral Health
Leadership Team will advocate and facilitate a
collaborative person-centered behavioral
health system to repair and restore lives:
•Ensure behavioral health services are
available to meet the needs of all
•Assess data for continuous outcome
measurements
•Prioritize data driven recommendations
•Provide a continuum of care
Page 5
Purpose
& Approach
The Denton County Behavioral
Health Leadership Team (DCBHLT)
is as a policy making team whose
purpose is to improve the planning,
coordination and oversight required
to create systems change for
behavioral health services in Denton
County.
The DCBHLT functions as a quasi-
governmental team with guiding
charter and bylaws (linked)under
the backbone support of United Way
of Denton County Collective Impact
Model.Collective Impact (linked)
involves five key conditions for
shared success.
Page 6
COLLABORATIVE STRUCTURE
Co-Chairs/ Backbone Support (2)
WORK GROUPS
Denton
County
Commission
ers Court
(3-5)
Municipal
(Denton,
Lewisville,
Corinth)
(3-6)
Small
Cities/Towns
Coalition
(1-2)
Individuals may serve
on multiple work
groups
Health
Systems
Hospitals,
LMHA,
Public Health
(3-7)
Health
Funders
Insurance
Providers
(1-2)
Human Systems
ISDs, Higher Ed.,
Law
Enforcement,
Housing,
WATCH
(4-10)
United Way
of Denton
County
(1)
1 –Chartered by political entities, formal reporting, accountability
2 –Co-Chairs nominated and elected by group; Backbone supported by the United Way of Denton County
Work groups involve
broader range of
Change Agents
Amended 1/16/2020
Jail Diversion
Crisis System
/ Sequential Intercept
Child & Family
Systems
ISDs, Multiagency,
JJ
Veterans
Crisis Intervention
Mental Health
Reintegration
State and
Federal
Legislatures
(1-3)
DENTON COUNTY BEHAVIORAL HEALTH LEADERSHIP TEAM
serves as the County oversight committee (1)
19 -38 Total Members
Ad Hoc Substance
Use Committee
Appointed
November 2019
Human
Services/
Nonprofits
(2-3)
Page 8
APPOINTEES
Appointee Organization Sector
Ms. Elizabeth Ferring Community Member Community
Dr. Kathryn Stream, Ph. D Community Member Community
Mrs. Terry Widmer Denton County Commissioners' Court Denton County
Ms. Monya Crow, M.Ed. LPC-S Lewisville ISD Education
Dr. Tamara Knapp-Grosz UNT Education
Dr. Richard Valenta, Ph. D Denton ISD Education
Ms. Melinda Galler, M.S.City of Lewisville Government
Hon. Bobbie Mitchell Denton County Government
Mr. TJ Gilmore City of Lewisville Government
Ms. Dianne Hickey Denton County MHMR Health Care
Ms. Hope Galloway Texas Health Resources Health Care
Mr. Scott Domingue Texas Health Resources Health Care
Dr. Stephanie Brown, Ph.D Texas Woman's University Higher Education
Dr. Roxanne del Rio, Ph.d North Central Texas College Higher Education
Ms. Jodi Vicars-Nance Denton Affordable Housing Housing
Appointee Organization Sector
Judge Coby Waddill Denton County Criminal Court # 5 Judicial
Chief Kevin Deaver City of Lewisville Police Department Law Enforcement
Chris Summit Denton Police Department Law Enforcement
Chief Jerry Garner City of Corinth Police Department Law Enforcement
Captain Douglas Lee Denton County Sheriffs Office Law Enforcement
Mr. Craig Daugherty Beacon Health Options Managed Care Org.
Chief Kenneth Hedges Denton Fire Department Municipal
Emily Taylor Our Daily Bread Nonprofit
Dr. Matt Richardson Denton County Public Health Public Health
Mr. Juan Rodriguez, MPH Denton County Public Health Public Health
Brooke Hambrick Texas Senate District 12-Jane Nelson State & Fed. Legislatures
Ms. Suzann Woodard Texas House District 64-Lynn Stucky State & Fed. Legislatures
Dr. Linda Holloway United Way of Denton County UWDC
Dr. Lisa Elliott, Ph. D Cook Children's (WATCH)WATCH
APPOINTEES
Status Key: X – To Be Done; I/P – In Progress; C - Completed
DCBHLT Child & Family Systems Workgroup
Strategic Goal
STRATEGIC GOAL: INCREASE AWARENESS AND CAPACITY OF MENTAL AND BEHAVIORAL HEALTH SERVICES TO YOUTH
Objectives Strategies Metrics Status
Reduce stigma
associated with mental
health conditions
• Sustain Mental Health First Aid Training in Denton
County
• Collaborate with MMHPI and WATCH on the Okay to
Say campaign
• Develop coordinated system to distribute educational
materials to Denton County individuals
• Train 150 individuals in Mental Health First Aid in
Denton County by 2021
• Generate an Okay to Say marketing strategy
• Partner with Mobile Food Pantries to distribute
educational and anti-stigma materials
• Host 3 educational opportunities surrounding mental
health and stigma for youth and their families (e.g.
documentary film screenings, presentations,
workshops) annually
• X
• X
• X
• X
Increase community,
parent & service
provider understanding
of the impact of trauma
• Expand free behavioral health educational
opportunities available to parents, community and
service providers
• Expand free trauma and abuse educational
opportunities available to parents, community and
service providers
• Partner with Office of the Governor, CACDC, and
WATCH to develop Denton County CSE educational
materials
• Collaborate with WATCH to provide CSE-IT trainings
with free CEUs for Denton County service providers
• Collaborate with WATCH to host a CSE Symposium
• I/P
• I/P
• X
Improve accessibility of
behavioral health
services available to
youth
• Determine youth behavioral health needs as identified
by parent(s)
• Develop collaborative opportunities to build resources
and resource awareness (e.g. professional networking
opportunities and resource expos) to increase referrals
• Expand local capacity of behavioral health services
• Establish social media presence for parents to address
common trends that impact behavioral health (e.g.
vaping, CBD use, video game & social media addiction)
• Conduct focus groups with ISDs
• Develop children and family behavioral health
community needs and barriers assessment
• Increased referrals to behavioral health services
• Identify and apply for Mental Health Navigator funding
opportunities
• X
• X
• X
• X
Page 11
Status Key: X – To Be Done; I/P – In Progress; C - Completed
DCBHLT Jail Diversion
Strategic Goal
STRATEGIC GOAL: IMPROVE OUTCOMES FOR JUSTICE-INVOLVED INDIVIDUALS WITH BEHAVIORAL HEALTH NEEDS IN
INTERCEPTS 0 & 1 OF THE DENTON COUNTY SEQUENTIAL INTERCEPT MODEL*
*In November 2019, the DCBHLT elected to appoint an ad hoc committee to conduct a substance use needs assessment
*Upon successful completion of strategic goals for intercepts 0 & 1, workgroup will proceed to address intercepts 2 & 3
Objectives Strategies Metrics Status
Improve law enforcement
processes and protocols for
pre-arrest diversion to enhance
law enforcement mental health
crisis response
• Standardized protocol for all Denton
County law enforcement officers
engaging with persons with behavioral
health needs
• Foster defined, working partnership
between law enforcement and
community behavioral health services
• Document gaps closed in Intercept 0 &
1
• Document resources secured in
Intercepts 0 & 1
• Develop & implement county-wide protocol for law enforcement
engaging with persons experiencing a mental health crisis
o Conduct 6-month pilot of protocol with Lake Dallas
Police Department to determine needs and gaps prior to
full implementation
• Increase behavioral health training opportunities for Denton
County law enforcement
• Perform outreach and secure partnerships with every Denton
County law enforcement jurisdiction
Maintain current/real-time Denton County Sequential Intercept
Model
• I/P
• X
• X
• X
• X
• X
• X
Improve accessibility of
behavioral health treatment
options in intercepts 0 & 1
• Reduced recidivism for persons with
behavioral health needs
• Increased community and law
enforcement referrals to behavioral
health services
• Document gaps closed in Intercept 0 &
1
• Document resources secured in
Intercepts 0 & 1
• Determine law enforcement barriers to community behavioral
health services referrals for pre-arrest diversion
• Identify consumer barriers to community behavioral health
services
• Secure funding for Crisis Stabilization Unit in partnership with
Denton County MHMR
• Expand wraparound behavioral health services
Expand in/outpatient behavioral health treatment options
• X
• X
• X
• X
Page 12
The Sequential Intercept Model, developed by Mark R. Munetz, M.D. and Patricia A. Griffin, Ph.D.,1 has been used as a focal point for states
and communities to assess available resources, determine gaps in services, and plan for community change. These activities are best
accomplished by a team of stakeholders that cross over multiple systems, including mental health, substance abuse, law enforcement,
pretrial services, courts, jails, community corrections, housing, health, social services, peers, family members, and many others.
A Sequential Intercept Model map illustrates how people with behavioral health needs come in contact with and flow through the criminal
justice system. Sequential Intercept Mapping has three primary objectives:
1. Development of a comprehensive picture of how people with mental illness and cooccurring disorders flow through the criminal
justice system along six distinct intercept points: (0) Mobile Crisis Outreach Teams/Co-Response, (1) Law Enforcement and
Emergency Services, (2) Initial Detention and Initial Court Hearings, (3) Jails and Courts , (4) Reentry, and (5) Community
Corrections/Community Support.
2. Identification of gaps, resources, and opportunities at each intercept for individuals in the target population.
3. Development of priorities for activities designed to improve system and service leve l responses for individuals in the target
population
In May of 2018, the Honorable Judge Robin Ramsay generously sponsored a workshop to identify opportunities for linkage to services
and for prevention of further penetration into the criminal justice system. The resulting Sequential Intercept Model for Denton County
can be seen below.
1 Munetz, M., & Griffin, P. (2006). A systemic approach to the de-criminalization of people with serious mental illness: The Sequential Intercept Model. Psychiatric
Services, 57, 544-549.
Page 13
SEQUENTIAL INTERCEPT MODEL FOR DENTON COUNTY
Page 14
Status Key: X – To Be Done; I/P – In Progress; C - Completed
DCBHLT Veteran Workgroup
Strategic Planning
Strategic Goal: Increase access to Veterans services in Denton County
Objectives Strategies Metrics Status
Raise awareness of Veterans’
behavioral health programs in
Denton County
• Increase communication to general
public
• Develop marketing strategy
• Quarterly Veterans newsletter (DCVC)
• Increase social media activity to communicate
impact of and providers at the Denton County
Veteran Center
• Conduct annual audit of services available at
the Denton County Veterans Center
• X
• X
Support ongoing needs of
Veterans experiencing
homelessness
• Integrate the DCHLT’s Ending Veteran
Homelessness by 2020 Committee
• Increase available homeless prevention
& intervention funding
• Develop street outreach opportunities
for Veterans experiencing homelessness
• Increase capacity of wraparound supportive
services available to Veterans experiencing
homelessness
• Achieve functional zero for Veterans
experiencing homelessness by Dec. 2020
• Secure Veteran-specific barriers fund & street
outreach worker (TVC Grant)
• X
• X
• I/P
Establish holistic programs to
increase well-being for Veterans
and their families in Denton
County
• Increased community referrals to
supportive services for Veteran
dependents
• Increased financial literacy for Veterans
and/or dependents
• Increased utilization of peer to peer
mentoring
• Document gaps in substance use
and/or mental health services
• Recruit partners that provide supportive
programs for family members of Veterans with
PTS that utilize evidence-based practices
• Recruit partners that provide financial
management and/or coaching services
• Collaborate with MVPN to develop substance
use-specific peer to peer engagement
opportunities
• Identify barriers to substance use and/or mental
health services
• X
• X
• X
• X
Page 15
Status Key: X – To Be Done; I/P – In Progress; C - Completed
Objectives Strategies Metrics Status
Expand services for disabled,
aging, and/or isolated Veterans
•Determine community need for
adaptive physical training for Veterans
•Establish youth outreach/mentee
volunteer opportunities for isolated
Veterans
•Develop working partnerships with
disability, aging & memory care
resources
•Conduct Veterans adaptive physical training
needs assessment
•Increased caregiver support options
•Increased referrals to wraparound services for
disabled, aging, and/or isolated Veterans
•X
•X
•X
Increase service provider
understanding of Veteran-
specific needs
•Increase training opportunities for
workgroup members to better address
Veteran needs
•Share available resources and training
opportunities with community via
Veterans newsletter
•Provide Veteran Cultural Competency training
for service providers with CEUs
•Identify medical benefits training for hospitals
•Conduct outreach and provide education to
marriage counseling services and domestic
violence services
•X
•X
•X
Page 16
Mental Health Best Practice
Opportunities for Denton County
March 2015
Made possible by the generous support
of the following organizations:
Denton County Best Practice Opportunities
Table of Contents
Executive Summary ........................................................................................................... 1
Purpose of the Report ........................................................................................................ 2
Methods and Approach ..................................................................................................... 2
Overall Findings ................................................................................................................. 3
Denton County Mental Health Needs and Service Capacity ................................................ 4
System-Level Recommendations ........................................................................................ 7
Recommendations Regarding Potential Improvement Activities ......................................... 9
Appendix One: Determining Prevalence of Severe Mental Health Needs .......................... 14
Appendix Two: Inpatient Needs in a Community Context ................................................. 16
Appendix Three: Additional Detail on Best Practices Noted In Report ............................... 21
Adult Best Practices Noted in Report ................................................................................... 21
Child and Family Best Practices Noted in Report ................................................................. 25
Denton County Best Practice Opportunities
Acknowledgements
This report was made possible by the generous support of the following organizations:
Denton County
City of Denton
Denton Regional Medical Center
The Center for Children’s Health led by Cook Children’s
Flow Health Care Foundation
Texas Health Presbyterian Hospital of Denton
City of Lewisville
United Way of Denton County, Inc.
Denton County Best Practice Opportunities Page 1
Executive Summary
The Denton County Citizen’s Council on Mental Health (Citizen’s Council) is one of the fastest
developing, inclusive community collaborative processes that the MMHPI team has observed.
Having brought together a critical mass of local leaders catalyzed for system change, the time
has come to embrace system change formally and organize for that purpose.
System recommendations center on shifting the Citizen’s Council from fact-finding to action:
Charter a Denton County Behavioral Health Leadership Team (BHLT):
- The BHLT must have the formal chartered backing of political leaders;
- It functions as a focused (15-28 member) executive team for system change;
- Its primary function is to develop a strategic plan and actions to implement it;
- The BHLT should represent all local system resources and political leadership;1
- The BHLT should meet at least quarterly in its executive oversight role.
Organize a BHLT Work Group Structure:
- The work of system change will require work groups accountable to the BHLT.
- Their function is detailed planning and implementation coordination.
- Two to four initial work groups are recommended to addressing the following areas:
Veterans Crisis System / Detention / Commitment
Housing Child and Family Systems
Mental Health Court Integrated Care
Jail Diversion Workforce Development
Community Case Management (data sharing individual and aggregate / QI)
Recruit and Deploy a Senior Director-Level Dedicated Staff Position to Coordinate and
Manage the Process. Through the backbone of the United Way of Denton County, this
position will facilitate overall development, support system planning and coordination.
Continue to Expand the Citizen’s Council, meeting at least twice annually in order to:
- Empower Change Agents across the system to support Work Group efforts;
- Function as the primary forum for community awareness, involvement and
participation to support mental health system development ;
- Broaden community awareness and community engagement.
Potential Targeted Improvement Activities:
Continued crisis response system improvement;
Systemic justice system diversion across multiple intercepts;
Enhancing services for children and families;
Expanding integrated primary care / behavioral health home capacity;
Implementing specific best practices treatment (e.g., ACT, wraparound); and
Workforce development, and focused initiatives (e.g., veterans, cross-cultural outreach).
1 Recommended initial members (and number): Commissioners Court (3-5), Denton City Council (2), Lewisville City Council (2),
Small Cities/Towns (1), Health Systems (Hospitals, MHMR, Health Dept.: 3-7), Health Funders/Insurance Providers (1-2), Human
Services (ISDs, Higher Ed., Law Enforce., WATCH, Housing: 4-8), United Way (1). Members may serve on multiple work groups.
Denton County Best Practice Opportunities Page 2
Purpose of the Report
United Way of Denton County, on behalf of the Denton County Citizen’s Council on Mental
Health (Citizen’s Council), contracted with the Meadows Mental Health Policy Institute
(MMHPI) to carry out an independent analysis of the county’s local mental health system
performance and identify specific strategies for Denton County to support continued
development of a highly responsive, clinically effective, and efficient community behavioral
health system for the population of the entire county. The project objectives focused on
evaluating current capacity based on a self-assessment completed by the Citizen’s Council in
2014 and determining viable strategies to continue to develop a system of care for the
community that:
Is responsive, vision-driven, recovery-oriented and integrated;
Increases the quality and effectiveness of service delivery for populations with
increasing complexity; and
Improves the efficiency of system operations, resource allocations, and revenue
generation processes across available federal, state and local funding streams.
The primary deliverables for the project and their anticipated timing as proposed, include:
A draft report putting the 2014 services inventory and November 2014 preliminary
findings in the context of state and national best practices and offers improvement
options;
A final report that includes recommendations to Denton County leaders for continued
mental health system of care improvement.
Methods and Approach
MMHPI initiated this review in mid-December 2014 with initial meetings with United Way
leadership and a review of the 2014 assessment. Key informant interviews were carried out in
January and February 2015 with a cross-section of Citizen’s Council members (see table below)
provided to MMHPI. An initial draft report was reviewed with Mr. Joe Mulroy and Mr. Gary
Henderson in early February, and multiple iterations were worked through. This report is the
final report for review with a broader set of stakeholders and will be finalized in March after the
final stakeholder review.
Name Title Organizational Affiliation
Richard Godoy Family Services Coordinator Denton Police Department
Pam Gutierrez CEO Denton County MHMR
Gary Henderson President and CEO United Way of Denton County
Russ Kerbow Chief of Police City of Lewisville
Bryan Langley Assistant City Manager, CFO City of Denton
Denton County Best Practice Opportunities Page 3
Name Title Organizational Affiliation
Amy Lawrence Director of Counseling
Services
Denton Independent School District
Sherri McDade Deputy CEO Denton Housing Authority
Stan Morton
Tim Harris, MD
An Nguyen, MD
Kathy Srokosz
CEO
Chief Medical Officer
Emergency Department
Medical Director
Director, Outpatient and
Chronic Care Services
Texas Health Presbyterian Hospital
Denton
Joe Mulroy Co-Chair Citizen’s Council
Randy Plemons Assistant Chief Deputy Denton County Sheriff's Office
Laura Prillwitz Deputy Director Denton County Juvenile Probation
Matt Richardson Director Denton County Health Department
Hon. Bonnie Robison Judge Probate Court
Doreen Rue CEO Health Services of North Texas
Nicki Roderman Chief Nursing Officer Denton Regional Medical Center
Tammy Russell Probation Officer Denton County Adult Probation
Hon. Coby Waddill Judge
Board Chair
County Criminal Court No. 5
Denton County MHMR
Chris Watts Mayor City of Denton
Julie Westlake Supervisor Child Protective Services
Overall Findings
The interviews revealed two major findings related to the Citizen’s Council. The individuals
involved are highly complimentary of the Citizen’s Council for having brought together key
community leaders to raise awareness of local mental health needs and build momentum
toward system improvement. In the experience of the MMHPI team conducting this review, this
is one of the strongest and most rapidly developed community collaboratives we have
encountered. Now there is strong interest in “How do we organize ourselves to actually get
things done?” The recommendations below offer specific guidance to achieve that goal.
Denton County Best Practice Opportunities Page 4
Related to service capacity, the fact-finding by the Council and our supplementary interviews
identified several subsets of priority unmet need that could benefit from enhanced and
refocused service delivery, described in more detail below.
Prior to discussing these findings, this report provides additional system performance data
assembled by the MMHPI team. These data that compare needs and service availability in
Denton County to comparison counties in Texas generally, to put the 2014 services inventory
findings in additional context.
Denton County Mental Health Needs and Service Capacity
Statistics on mental health need generally focus on the one in five individuals at some level of
need for mental health (MH) services in a given year. However, more refined 12-month
prevalence estimates show an even higher level of overall need (estimated at 29.1 percent to
30.5 percent, inclusive of substance use disorders),2 suggesting that as many as 200,000 Denton
County residents a year are in needed of services.
However, it is also possible to use these more recent studies to differentiate between different
levels of functional impairment associated with each disorder to allow more refined policy
development. Examples of different levels of functional impairment include (differences in
estimates reflect in part differences in defining mild, moderate and serious):
11.5 percent with substance use disorders (SUD) of any kind,
10.8 percent to 13.8 percent (depending on the study) with mild conditions (MH, SUD
and co-occurring),
An additional 7 percent to 13.5 percent (depending on the study) with moderate needs,
and
An additional 6.3 percent to 8.2 percent (depending on the study) with severe needs.
Based on these more refined studies, MMHPI worked with Dr. Charles Holzer to develop precise
estimates of severe need based on the specific socioeconomic and demographic factors of each
Texas county. Using these projections, MMHPI estimates that in 2012, slightly over 20,000
adults and just over 13,000 children and adolescents in Denton County3 suffered from severe
psychiatric disorders (serious mental illness, or SMI, for adults and severe emotional
disturbance, or SED, for children – please see Appendix One for more information on MMHPI
2 Bilj, R., de Graaf, R., Hiripi, E., Kessler, R., Kohn, R., Offord, D., et al. (May/June 2003). The prevalence of treated
and untreated mental disorders in five countries. Health Affairs, 22(3), 122-133.
Kessler, R. C., Demler, O., Frank, R. G., Olfson, M., Pincus, H. A., Walters, E. E., Wang, P., Wells, K. B., and
Zaslavsky, A. M. (2005). Prevalence and treatment of mental disorders, 1990 to 2003. New England Journal of
Medicine, 352:2515-23.
3 Holzer, C., Nguyen, H., Holzer, J. (2015). Texas county-level estimates of the prevalence of severe mental health
need in 2012. Dallas, TX: Meadows Mental Health Policy Institute.
Denton County Best Practice Opportunities Page 5
estimates of need). The table below compares these needs to the total county adult and child
populations, and provides comparable data for neighboring (Tarrant) and comparison (Nueces)
counties.
County Adults with SMI Total Adult
Population
Children with
SED
Total Child
Population
Denton 20,308 517,031 13,178 189,724
Nueces 12,212 259,019 6,962 87,898
Tarrant 64,191 1,365,940 39,006 513,823
This is our current best estimate of the overall county need for individuals with severe
disorders, which provides a much more manageable target for service delivery system
development than the larger number. MMHPI recommends that service delivery system
planning for individuals with severe needs focus both on the overall level of need within the
county as well as the specific number of individuals with severe needs.
It is also possible to make two further distinctions:
The number of adults and children with severe needs who live in poverty4 (just under
8,700 adults and just over 4,500 children in 2012);
The number of adults with severe and persistent mental illness (SPMI), which is defined
as the subset with a disorder that more seriously impairs their ability to work and live
independently and that has either persisted for more than a year or resulted in
psychiatric hospitalizations (11,326 in 2012, of whom 4,625 were in poverty); and
The very small subset of adults at highest risk for repeat use of hospitals, emergency
rooms, jails, and homeless services, which MMHPI estimates to be approximately 400
per year.5
This analysis puts in context the 2014 Denton County services inventory finding that just under
13,000 Denton County residents receive mental health services each year. Compared to the
overall need, these levels of services appear starkly inadequate. However, compared to those
with more severe needs and the subset of those with severe needs in poverty, being able to
address these needs becomes more feasible.
This also raises the question of which of the services described in the 2014 services inventory
are available for those with the most severe needs. It is unlikely that all 13,000 treatment slots
4 For prevalence analyses, MMHPI defines poverty as the proportion of the population with income at or below
200% of FPL ($23,540 for an individual).
5 Based on findings from Cuddeback, G.S., Morrissey, J.P., & Meyer, P.S. (2006). How many assertive community
treatment teams do we need? Psychiatric Services, 57, 1803-1806.
Denton County Best Practice Opportunities Page 6
are designed for those with severe needs, so MMHPI used data available from the Department
of State Health Services (DSHS) to determine the capacity of the local mental health authority
(LMHA), MHMR of Denton County, to provide more intensive treatment.
The table that follows compares 2014 service delivery patterns for Denton County to those of
Tarrant and Nueces counties, focusing just on individuals in ongoing treatment (excluding those
that received only crisis services). The columns show the proportion of individuals treated by
level of care, going from lowest (medication only) to highest (assertive community treatment ,
or ACT, an evidence-based treatment for those with repeat hospital, jail and homeless services).
Note that the pattern of service delivery in Denton County is similar to the two comparison
counties, namely that most people received only skills-building rehabilitative therapy and
relatively few received the more intensive services necessary for people with the most severe
needs. These data suggest that current capacity is adequate to serve just under one -third of
people with severe needs (SMI) in poverty (2,844 out of 8,696 or 32.7%), which is nearly
identical to the percentages for Tarrant (30.4%) and Nueces (32.5%) counties. Furthermore, the
capacity for those with the most severe needs (and those most likely to repeatedly use hospital,
emergency department, jail and homeless services) is approximately one-quarter of capacity
(101 out of 400; Tarrant and Nueces have even less capacity, at 7% and 21% of need,
respectively).
Adult Levels of Care Analysis FY 2014
LMHA Medication
Management
Skills
Training
Medication
Coordination
and Therapy
Medication
and Case
Management
Assertive
Community
Treatment
Total
Denton 6 2,047 321 369 101 2,844
% Total 0% 72% 11% 13% 4%
Nueces 16 2,002 35 350 68 2,471
% Total 1% 81% 1% 14% 3%
Tarrant 2 8,386 386 2,037 101 10,912
% Total 0% 77% 4% 19% 1%
Combined 24 12,437 742 2,756 270 16,227
% Total 0% 77% 5% 15% 3%
Intensive service capacity for children is even more limited, and – like other Texas counties –
most of the capacity resides in the juvenile justice system. Only 410 children received MHMR
services in 2014 (less than 10% of those in poverty with severe needs) and just over 125
received the most intensive services. This compares with the hundreds in care with juvenile
probation in Denton County any given year (500 to 800, per interviews), many of whom receive
intensive services. One factor that may help with this is the potential of Denton County’s future
Denton County Best Practice Opportunities Page 7
participation in the state’s YES Waiver for Medicaid. Tarrant County currently participates in
this waiver and was able to increase both the range of its intensive services (the YES Waiver
pays for additional supports such as respite) and the number of children receiving intensive
services (increasing capacity by 40%).
These additional data on need and capacity for intensive services informed the
recommendations that follow.
System-Level Recommendations
Within the context of the overall findings and data on needs and system capacity, MMHPI
makes the following system-level recommendations. As noted, the Citizen’s Council is one of
the fastest developing, inclusive community collaborative processes that the MMHPI team has
observed. Having brought together a critical mass of local leaders catalyzed for system change,
the time has come to embrace system change formally and organize for that purpose. In
addition, there must be capacity to continue to add more partners to the process, including
additional county and municipal leaders not currently involved , and others with relevant
resources.
The following system recommendations center on shifting the Citizen’s Council from fact-
finding to action. They include priority activities ideally to be achieved in the next 90 days (by
June 30, 2015) and follow-on activities for the remainder of 2015.
Priority System Level Activities (April to June 2015)
Charter a Behavioral Health Leadership Team (BHLT) for Denton County: The process
must have the formal backing of political and system leaders with formal authority over
the financial, health care delivery, and human services resources needed to address
community mental health needs. MMHPI recommends developing as soon as possible a
focused (15-17 member)6 executive team to guide system change by overseeing
development of a strategic plan and initiating the actions necessary to implement it. The
BHLT should strive over time to represent all local system resources and political
leadership involved in mental health service delivery, both those whose missions include
mental health service delivery as a primary role, as well as the political entities and
community organizations for which mental health care is critical to system outcomes,
including Commissioners Court, large and small municipalities within the county, other
health systems, health payers (especially the Medicaid managed care organizations that
last year in Texas served more adults with serious mental illness than did LMHAs 7), and
human service systems for adults and children. MMHPI recommends that the BHLT
6 Recommended initial members (and number): Commissioners Court (3 -5), Denton City Council (1), Lewisville City
Council (1), Small Cities/Towns (1), Health Systems (Hospitals, MHMR, Health Dept.: 3), Health Funders/Insurance
Providers (1), Human Services (ISDs, Higher Education, Law Enforcement, Housing: 4), United Way (1).
7 Data breakouts for Denton County should be available in April 2015.
Denton County Best Practice Opportunities Page 8
should meet at least quarterly in its executive oversight role. As it starts up, meetings
likely will be more frequent.
Organize a BHLT Work Group Structure: The work of system change will require work
groups accountable to the BHLT able to carry out more detailed planning and ongoing
coordination of implementation activities in areas of prioritized action. Work groups
would be accountable to the BHLT and goals for each would be defined through the
strategic planning process. As much as possible, these should build upon, rather than
duplicate, existing efforts, such as current DSRIP projects under the 1115 waiver and the
current WATCH collaborative sponsored by Cook Children’s (led by Dr. Elliott). The first
committees / work groups formed should be tied to the specific improvement activities
identified from the list below. Two to four initial work groups are recommended to
address the following areas of priority need (these are discussed more in the following
section):
- Veterans,
- Crisis System / Detention / Commitment,
- Mental Health Court,
- Jail Diversion,
- Housing,
- Community Case Management (focused on data sharing at the individual and
aggregate levels),
- Integrated Care (mental health, substance abuse, primary care),
- Child and Family Systems, and
- Workforce Development.
Recruit and Deploy a Senior Director-Level Dedicated Staff Position to Coordinate and
Manage the Process: Such a position is critical to enable the BHLT and Work Group
structure by facilitating overall system development and directly supporting system
planning and coordination. It will be important to recruit an individual with just the right
balance of system experience and expertise in facilitating the involvement and ideas of
others. This person cannot be expected to be an expert in all of the areas necessary for
change; that expertise rests in the community. Instead, the pe rson should be expert in
bringing together diverse, cross-functional groups that span both hierarchy (executive to
line staff) and organizations. The position should be employed by a “backbone
organization,” an entity able to provide administrative support to system planning and
coordination activities. United Way of Denton County has served in this role, and
MMHPI recommends that they continue to do so.
Follow-On System Level Activities (July to December 2015)
Develop a Strategic Plan: Drawing on the MMHPI best practice recommendations in this
report, the 2014 community inventory, and opportunities emerging through the
legislative session, a strategic plan with specific quality improvement (QI) goals in each
Denton County Best Practice Opportunities Page 9
work group area should be developed during the summer, to be in place by summer’s
end in order to support implementation in the fall. Targeted technical assistance will
likely be needed to support both the planning process and the development of specific
goals. The strategic plan should include measurable goals, objectives, and timeframes.
The MMHPI assessment has indicated significant momentum with multiple
opportunities for improvement, both within current resources and with targeted
resource investments that can be enhanced by being part of a larger organized effort
capable of collaborative impact. It will be critical to facilitate the group’s development
of a broader strategic plan based on collaborative impact that is achievable, and
provides the Citizen’s Council with early success in a way that reinforces further
investment and commitment. The MMHPI assessment has identified improvement
opportunities that would be cost effective starting places within most of the major areas
identified above as potential work groups. It will be important to get Citi zen’s Council
members working as teams to create improvements within the areas they are most
passionate about, as well as engaging the Council as a whole to bring in more people
with front-line experience who are closer to the ground in the areas of target ed
improvement and therefore able to implement changes more effectively.
Continue to Expand the Citizen’s Council and Empower Change Agents: The Citizen’s
Council will continue to be the primary forum for community awareness, involvement,
and participation in support of mental health system development. In addition to
continuing to develop the Council and expand its membership, individuals from across
the community will take on change agent roles through the work groups and
implementation process. The Citizen’s Council’s primary goals should center on: (1)
empowering change agents across the system to support Work Group efforts and (2)
broadening community awareness and engagement regarding mental health needs and
solutions. As the group shifts into more focused action, its initial mission to raise
awareness and combat stigma should be maintained and strengthened through the
process. In addition, work groups can allow for additional information sharing about the
specific processes underlying system challenges (e.g., clarifying how the process for
court orders to a facility are affected by capacity).
Recommendations Regarding Potential Improvement Activities
As part of the overall shift in opportunity to build a framework for community-based care
management of high need individuals with behavioral health needs, MMHPI noted the
following examples of improvement opportunities in our review. Progress in any one of these
areas individually may not be dramatic, but all of them together as part of a community
strategy over time could yield significant impact.
Underlying all of these activities (and future activities going forward) is the opportunity for the
Council to use well-recognized public health strategies of community health improvement to
Denton County Best Practice Opportunities Page 10
provide the information-sharing framework for successful cross-system case management.
Doing so will require a focus both on individual and aggregate data sharing capacity. At an
individual level, the emerging health information exchange (HIE) infrastructure offers a
framework on which to build, but system protocols to meet HIPAA and 42 CFR Part II data
sharing requirements need to be developed. At the aggregate level, strategies will involve
systematic gathering of baseline data across different settings, populations, a nd data sets, and
then designing improvement strategies that can produce continuous and incremental
improvement with measurable results. At the moment, there is no vehicle for developing that
kind of “best practice” approach in Denton County, but the emerging infrastructure within the
Council could prioritize this as a near-term capacity to build.
Priorities for potential system improvement activities include the following:
Continued crisis response system improvement. Enhancements can be made to
address current flow barriers to speedy response for people in crisis presenting to
emergency departments (ED), as well as some procedural changes that can improve
access to and utilization of the existing triage center. There is already positive
momentum and concrete improvement evidenced in the discrete DSRIP projects at
Texas Health Presbyterian Hospital Denton (ED navigators) and Denton County MHMR
(primary care integration, mobile crisis, new crisis residential), as well as capacity
building at community providers such as Health Services of North Texas. There is now a
need to bring leaders of these efforts together to develop a coordinated strategy with
concrete improvement targets. There is opportunity to coordinate and enhance multiple
interventions: improved crisis flow using the new MHMR and existing ED facilities,
improvement in continuing care management for high risk individuals in crisis,
coordination with law enforcement and the courts, expansion of (and facilitation of
access to) diversion capacity, improved information and coordination about the process
for accessing state hospital and other psychiatric inpatient beds, and better linkages to
ongoing care. The current state budget has new crisis funds in it, which should be an
immediate target of planning and system development, and Article II riders in the House
have added $60 million for inpatient capacity expansion (see statewide MMHPI
recommendations regarding inpatient expansion options in Appendix Two) and $30
million for improved treatment capacity (though Denton County may receive less
because it is currently funded above what the state is defining as the per capita
average). MMHPI also recommends engaging representatives of the Medicaid MCOs,
who have significant populations in Denton County, to better coordinate local resource
planning for diversion (in accord with HHSC Sunset Recommendation 6.1).
Denton County Best Practice Opportunities Page 11
Systemic justice system diversion across a sequential intercept model. There is a need
to develop a framework to tie together and coordinate the multiple efforts currently
underway. The sequential intercept model8 can help with this:
- Intercept 1 – Law Enforcement: The goal here is to empower law enforcement to
divert those only in need of services to the crisis system; these improvements will
enhance the ability of specialized teams to effectively divert individuals to needed
services. The sheriff’s Mental Health Unit is a resource for the entire county and can
help anchor the law enforcement end. However, better cross-system coordination is
necessary for this capacity to achieve optimal results. Information sharing (at both
an individual and system level) and coordination with the rapidly developing crisis
system are near-term process improvement opportunities.
- Intercept 2 – Pretrial: There is opportunity to improve data collection at the time of
booking to identify the subset of individuals with substantial behavioral health needs
(mental health and substance abuse) at relatively lower criminogenic risk (and
thereby at lower likelihood to reoffend if placed in community diversion). However,
this will require review of existing probation capacity (specialized probation is
currently operating substantially over capacity) and supports to those on probation.
The possibility of adding 30 slots (10 new slots from existing resources, plus 20 more
from new resources) focused on forensic need to the existing MHMR assertive
community treatment (ACT) team could both better serve those on probation (or
potentially under the supervision of a specialty court) and should be explored (more
on ACT below). However, to maximize opportunities here, the District Attorney’s
office will need to be fully engaged and supportive of the changes. Ancillary
supports, such as supported employment and vocational rehabilitation (building on
new resources through DARS) and supported housing, will also be critical to
treatment success and recidivism prevention.
- Intercept 3 – Specialty Court and Jail Based BH Services: Interest in developing a
mental health court is high, and this is a best practice model that can serve
approximately 20 people at a time. While this program targets a relatively small
number of people, it could be part of a broader strategy to improve coordination.
There are also several opportunities to improve services to people who are
incarcerated, such as increasing continuity of medication from and back to
community settings. There is also a need to increase behavioral health treatment
capacity within the jail.
- Intercept 4 – Reentry: Capacity to coordinate reentry is necessary to facilitate
planning for release, which should begin right from the time of entry into the jail.
Reportedly, collaboration between the county jail and MHMR has been recently
8 See http://gainscenter.samhsa.gov/pdfs/integrating/GAINS_Sequential_Intercept.pdf for additional information.
Denton County Best Practice Opportunities Page 12
reinvigorated. This positive momentum should be built upon, but referral capacity
post-release is essential.
- Intercept 5 – Community Corrections: Building the capacity to retain high need
individuals post-release within the community is also essential. The forensic ACT
team discussed below may help with this.
Enhancing services for children and families. There is already good collaboration in
place that might lead to some policy and procedure changes that would facilitate access
to early intervention services for high need kids in school, before they become involved
in more expensive services. Opportunities include:
- Building on MHMR outreach to schools by developing ongoing processes to
streamline referrals and coordinating community resources to meet the needs.
- Better linkages to natural supports and strategies to enhance these supports,
including the Mentor Denton program through United Way , municipal recreation
programs, and opportunities to expand faith-based collaboration focused on youth.
Expanding integrated primary care / behavioral health home capacity. There are
significant community opportunities for building on existing DSRIP and individual
provider efforts to enhanced behavioral health service delivery capability integrated
within existing primary health delivery. Improving linkages between these efforts across
agencies and tying them to system-wide improvement goals could be a win-win for both
the community and for individual health providers. There is also a broader need to
expand integrated physical health care delivery at all levels of the system, including
inpatient units and for people presenting in EDs with complex physical and behavioral
health needs.
Implementing specific best practices treatment (e.g., ACT, wraparound). Existing DSRIP
projects at MHMR and hospitals are beginning to show success in diverting people from
emergency departments and linking them to ongoing care. Many people have been
linked to the new integrated primary care resources at MHMR (which can be further
enhanced through better coordination, per the prior bullet). However, as noted earlier,
there is a dramatic lack of high intensity treatment capacity. This is not unique to
Denton County – in fact, Denton’s ACT team seems to be among the higher performing
teams in Texas that we have reviewed. Specific best practices to consider include the
following (and additional information is provided on these practices in Appendix Three):
- For the highest-utilizing adults, expanding the existing ACT team may be the most
immediate path to improve ongoing intensive treatment capacity, though other
approaches (e.g., Critical Time Intervention) may be valuable to consider. A modest
expansion of ACT capacity (e.g., 20 to 30 additional slots over the current 100) would
require (1) additional physician time; (2) two additional case managers, ideally with
specialties (e.g., supported housing) not present on the existing team); and (3)
training in more contemporary fidelity models (e.g., the TMACT) that focus more on
outreach, engagement, peer support, employment, housing, and relatively rapid
Denton County Best Practice Opportunities Page 13
transitions to lower levels of care. In the area of housing, there is clearly a broader
system-level need for cross-training and enhanced liaison capacity between housing
resources (e.g., Denton Housing Authority staff) and treatment providers, and
increasing capacity in this regard on the ACT team could be one focus of such
efforts. In addition, a systemic effort to improve system-wide capacity to treat high
need, complex cases would help the overall system increase its capacity to maintain
these individuals in care (Comprehensive, Continuous, Integrated System of Care, or
CCISC, is a potential model to use here). A comprehensive effort would likely cost
between $250,000 to $300,000 per year for the first two years, dropping to
$150,000 per year ongoing after that. The example of the community coming
together to enhance capacity at the Children’s Advocacy Center offers a model for
building community buy-in and identifying additional local resources to support
change.
- For high need youth in the juvenile justice in particular, and to a lesser degree in the
child welfare system, there are strong programs in the community, but a lack of
coordination supports. There is opportunity under the expa nding Medicaid YES
Waiver to build capacity to deliver Wraparound Service Coordination to high need
youth served in multiple systems (other than child welfare) and this can be built on
and expanded. While the YES Waiver can provide ongoing funding, start-up funds to
build capacity are necessary. Tarrant County has had considerable success using the
waiver, which also builds capacity for natural supports and respite for families.
Workforce development. There are multiple efforts by individual providers to recruit
and enhance resources and some linkages to medical schools and universities. There
should be a concerted effort to work at a community level on recruitment and retention
for cross-system needs (e.g., psychiatry overall and child psychiatry in particu lar, as well
as social work and other critical non-medical professionals, emphasizing cultural and
linguistic competence). A joint position at multiple institutions can help pull medical
leadership together, and a university partner can help make positions more attractive.
There is interest among multiple parties for such an effort.
Additional focused initiatives (e.g., veterans, cross-cultural outreach). Existing efforts
to organize a response to the Texas Veteran’s Initiative (TVI) provide a sound starting
place for further progress, whether or not the initial proposal is funded. Additionally,
the legislature currently has in both the House and Senate budgets an additional $10
million a year to fund additional communities, and SB 55 (the authorizing legislation to
expand TVI) was passed out of committee. There was also indication that resources for
Latino and Spanish-speaking subgroups may need to be enhanced, both within and
perhaps separate from the initiatives described above. Cultural approaches also need to
take into account differences across faith communities.
Denton County Best Practice Opportunities Page 14
Appendix One: Determining Prevalence of Severe Mental Health Needs
Defining Prevalence of Severe Need and the Public Role
Prevalence, in the context of public health, refers to the proportion of the population who
exhibit a specific characteristic in a given time period. The prevalence of mental health
disorders in the general population is important to understand for mental health system
planning and usually focuses on annual prevalence, that is the number of people suffering from
a mental health condition at some point during a specific year. Other prevalence approaches
look at a single point in time (i.e., point prevalence) or over a lifetime (i.e., lifetime prevalence).
In using prevalence to define the level of need for a public mental health system, the Meadows
Mental Health Policy Institute (MMHPI) employs two additional constructs.
The first is poverty, using the federal poverty guidelines (FPL). In general, public mental health
systems provide a safety net to people who are uninsured or otherwise unable to afford care.
Because of this, MMHPI focuses on the proportion of the population with income at or below
200% of FPL ($23,540 for an individual).
The second construct is severity. Because needs have to be prioritized, it is important to
identify the subset of the population with the most severe needs. To do this, MMHPI focuses on
serious mental illness (SMI) for adults and serious emotional disturbance (SED) for children:
Serious Mental Illness (SMI) – This includes adults and older adults with schizophrenia,
severe bipolar disorder, severe depression, severe post-traumatic stress, all of which are
conditions that require comprehensive and intensive treatment and support. A
subgroup of these people is defined as having a Serious and Persistent Mental Illness
(SPMI) that more seriously impairs their ability to work and live independently and that
has either persisted for more than a year or resulted in psychiatric hospitalizations.
Severe Emotional Disturbance (SED) – This refers to children and youth through age 17
with emotional or mental health problems so serious that their ability to function is
significantly impaired, or their ability to stay in their natural hom es may be in jeopardy.
The MMHPI prevalence data set covers the entire Texas population – not just those in poverty
or with the most severe needs – but a public policy discussion related to mental health should
begin with addressing the most severe needs of people living in poverty.
Methodology
To estimate prevalence of mental health disorders, MMHPI uses an epidemiological
methodology developed by Dr. Charles Holzer. Dr. Holzer uses findings from the most widely
accepted national epidemiological studies, particularly the 2004 National Comorbidity Study
Replication (NCS-R). Holzer draws on the NCS-R findings of the correlations between
Denton County Best Practice Opportunities Page 15
demographic variables, such as race/ethnicity, age, sex, and income, and mental health
disorders, as well as on the latest demographic data from the American Community Survey and
the national Census, to develop algorithms that provide the most precise estimates available of
the rate of mental illness in the population. The data are usefully broken out by multiple
factors, including race/ethnicity, age, and income (e.g., 200% federal poverty level), and are
therefore more helpful for planning purposes by mental health authorities and ad vocates.
In estimating the prevalence of mental health disorders, the NCS-R is much more thorough than
other sources that are often cited, such as the National Survey on Drug Use and Health
(NSDUH), and more inclusive than older estimates, such as the 1999 Federal Register definition
used by the federal Substance Abuse and Mental Health Services Administration (SAMHSA).
These other estimation approaches have their uses. For example, Mental Health America
(MHA) at the national level used the NSDUH for adults and the National Survey of Children’s
Health (NSCH) because these data are readily available at the national level for state-by-state
comparisons and include insurance status. Dr. Holzer’s and colleagues’ 2012 estimates were
commissioned specifically by MMHPI for use in Texas. While comparable data is not available
for states other than Texas, the Texas estimates allow comparisons by county and key
demographics.
When comparing the MMHPI estimates to data in the MHA report, it should be kept in mind
that, while the MHA data allow for reliable cross-state comparisons, they are less precise and
tend to underestimate the level of need in a given state. The NSDUH and NSCH are based on
survey methodology and therefore do not include people who are homeless, institutionalized ,
or on active military duty. Given this, the results have significant limitations in understanding
need in a specific state.
However, when estimating the prevalence of substance use disorders, MMHPI also relies on the
NSDUH, as more refined sources are not available.
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Appendix Two: Inpatient Needs in a Community Context
The Need for “Beds”
In January 2015, two important reports were released attempting to define the need for
inpatient “beds” in the state of Texas:
Rider 83 State Hospital Long Term Plan: This Department of State Health Services
(DSHS) report draws a great deal from the November 2014 consulting report by
CannonDesign. That report was based on an architectural review of selected state
hospitals, review of data from DSHS on State Psychiatric Hospital (SPH) utilization, and
demographic trends. It recommends development of 570 beds in the near term and an
additional 607 beds to keep pace with population growth through 2024.
Allocation of Outpatient Mental Health Services and Beds in State Hospitals: This DSHS
report originated from the 83rd Legislature (HB 3793), which required a plan to identify
needs for inpatient and outpatient services for both forensic and non-forensic groups. A
diverse stakeholder group was identified in the legislation to advise DSHS in determining
the need and developing a plan to address it. The Task Force recommended that DSHS
request 720 additional inpatient beds in the 2016 -2017 biennium and an additional
1260 over subsequent biennia to meet the current and proje cted population growth.
Using a cost-estimate of approximately $280,000 per inpatient bed, these two reports
recommend new expenditures of $160 to $200 million annually.
The Long Term Plan and CannonDesign reports recommended the development of integrated
mental health, substance abuse and primary care community-based services, in addition to
creating more inpatient beds. They also acknowledged that a more integrated system of
community-based services would reduce the demand for inpatient services. However, neither
report factored this into their analysis. They instead assumed that community services would
remain the same, and they explicitly avoided any attempt to assess the impact of the 1115
Waiver DSRIP projects or the implementation of the pending 1915i State Plan Amendment. The
HB 3793 report also addressed the potential impact of community-based services in the
narrative, but presented no data to determine its potential for reducing inpatient demand. Nor
did any of the reports address the use of crisis alternatives or best practices such as Assertive
Community Treatment (ACT), Forensic ACT, or Critical Time Intervention. The primary weakness
of both plans was their lack of elaboration and specificity on how development of community
capacity to reduce the need for “beds” fits into the equation. Access to crisis supports,
outpatient care, and intensive treatment services affect the need. There was also:
Inadequate attention to the role that best practice jail diversion strategies could play in
reducing demand from forensic commitments;
Absence of data on SPH property values and how those values would figure into the
financing of elements of the Long Term Plan;
Denton County Best Practice Opportunities Page 17
Lack of an analysis of the impact of potential income losses from Disproportionate Share
Funds (DSH) and Medicaid/Medicare reimbursements financing;
Lack of analysis of the use of telehealth for areas with workforce shortages; and
Lack of concrete plans to allow communities to determine the best use of resources to
address service needs and manage inpatient demand locally.
What is a “Bed”?
Despite these limitations, both reports identify a substantial need for new “beds.” While both
reports focus on inpatient beds in state hospital and community settings, the functional need
that both reports attempt to address is not just a need for inpatient “beds.” MMHPI
recommends reframing the “bed” need to instead be a need for a safe, effective, and efficient
treatment option for people with acute needs, particularly those in emergency room,
correctional, or other community settings. The focus of this care is on people with the highest,
most acute needs (people who are most dangerous to themselves and others or most actively
psychotic or otherwise psychiatrically disabled). While an inpatient bed is one way to meet this
need, the full range of alternatives includes many options that can be just as safe, but more
effective and efficient, if part of a well-functioning local system of care.
A Continuum of Beds. One set of options includes a range of other 24/7 beds in safe treatment
facilities. Many people end up in inpatient beds because of a lack of an intermediary alternative
option up front or the lack of a lower-level step-down after the immediate risk has stabilized:
State-purchased Inpatient Beds: The state estimates the annual cost of these beds to
be $280,000 or just under $770 a day. There is evidence that this rate may not be
competitive, given reports that DSHS efforts to request qualifications from facilities
willing to provide capacity at this rate have had limited success. Typical rates for
community inpatient beds generally are closer to $1,000 or higher per day.
Crisis Stabilization Beds: These are very short-term residential treatment programs
designed to reduce acute symptoms of mental illness within a secure and protected
setting, with 24/7 clinical staff availability (including 16-24 hours a day of nursing),
psychiatric supervision, daily psychiatric management, and an active treatment
environment. These programs have lower medical and nursing capacity than a hospital
inpatient unit and do not have the full spectrum of laboratory and related services that
hospital units provide, but they can offer safe medical treatment services for those at
the right level of need. Costs per day are typically much lower than inpatient care
($82,000 per year, or $225 per day) and even lower for less intensively staffed options.
Longer-term versions (Crisis Residential) are typically less intense and can have longer
lengths of stay. These programs are sometimes called Crisis Respite programs, though
this term an also apply to lower intensity and less costly alternatives.
Denton County Best Practice Opportunities Page 18
Continuum of Treatment Alternatives. As noted above, Assertive Community Treatment (ACT),
Forensic ACT, Integrated Dual Disorder Treatment, and other best practices such as Critical
Time Intervention are specifically designed for use by high utilizers of inpatient and correctional
system resources. The cost of a best practice ACT team is approximately $15,000 per year, per
treatment slot. In general, cost-effectiveness studies have found ACT teams to cost about the
same per person as the inpatient care and other costs averted by their use.
Continuum of Crisis Supports. In addition to bed and treatment alternatives, an array of other
crisis supports can reduce the need for inpatient care and divert individuals from both inpatient
and forensic settings. These include:
Psychiatric Emergency Centers: The essential functions of a psychiatric emergency
center include immediate access to assessment, treatment, and stabilization for
individuals with the most severe and emergent psychiatric symptoms in an environment
with immediate access to emergency medical care.
Observation Beds: These are very high acuity (and high cost) evaluation beds, time-
limited to 23 hours or less where individuals receive evaluation and intervention to
determine if their acute situation can be stabilized sufficiently to avoi d hospitalization
(often discharging to another crisis placement). These settings are usually located within
hospitals because of the high acuity situations they manage.
Crisis Triage / Assessment Centers and Crisis Urgent Care Centers: These are walk in
locations in which crisis assessments and the determination of priority needs are
determined by medical staff (including prescribers). Crisis urgent care centers provide
immediate walk-in crisis services. They may or may not be based in a hospital. Such
centers may be peer-run (such as the Recovery Innovations program in Harris County).
Mobile Crisis Outreach Team (MCOT): These are mobile services that provide
psychiatric emergency and urgent care, with the capacity to go out into the community
(in the person’s natural environment) to begin the process of assessment and treatment
outside of a hospital or health care facility. The MCOT has access to a psychiatrist and
usually operates 24/7 (though overnight response may be less comprehensive).
Crisis Telehealth: These are crisis assessment or intervention services provided through
telehealth systems. They can allow access to higher-level medical (e.g., psychiatrist)
capacity within the crisis settings noted above or other settings. It can also include
consultation through telehealth systems by a behavioral health specialist to non -
psychiatrist medical staff to facilitate the assessment or management of individuals in
other non-behavioral settings (e.g., general emergency departments, jails).
MMHPI Recommendations
Based on our ongoing review of the available data on costs and effectiveness, MMHPI
recommends that communities be empowered and held accountable for developing
comprehensive crisis systems to reduce use of state hospitals and inappropriate use of forensic
Denton County Best Practice Opportunities Page 19
and criminal justice settings. This requires more than having the state “purchase or build more
beds;” it requires effective procurement of an array of crisis supports, operating in a system for
which the local community is accountable and responsible.
MMHPI recommends that states align purchasing of inpatient capacity, crisis services, and
intensive treatment capacity in a coordinated effort to help local communities fill gaps, such as
those noted above. Furthermore, in Texas multiple pa yers (DSHS, counties, Medicaid managed
care organizations, private insurance payers) have need of crisis services for the people they
serve, so the service should be developed as an integrated, multi-payer system.
If willing and able to pass proportionate costs on to third party payers (e.g., Medicaid managed
care organizations), local mental health authorities (LMHAs) would be one possible point of
responsibility and accountability for such systems. However, not all LMHAs may be willing or
able to carry out these requirements, so provisions may be necessary to purchase regional
systems through other means. Local match requirements may be necessary to ensure that local
governments appropriately participate in costs. Ideally, in alignment with DSHS Sunset
Recommendation 2.1, these systems would be part of integrated behavioral health systems
that include access to substance abuse treatment and detox services.
If contracted to local service systems, MMHPI projects that the cost of filling the gap could be
substantially less than the cost of developing a comparable number of inpatient beds, and the
effectiveness would likely be higher. This could be done by:
Shifting responsibility for the allocation of current beds to LMHAs, per DSHS Sunset
Recommendations;
Allocating the cost of developing additional needed inpatient capacity proportionally, as
recommended in the CannonDesign report;
Instituting cost-sharing requirements, per DSHS Sunset Recommendations, from LMHAs
that overuse their allocated capacity to LMHAs that underuse;
Instituting performance metrics related to emergency response time initially and, over
time, emergency department overuse, post-inpatient discharge follow-up, and criminal
justice system overuse. Performance metrics should be developed in collaboration with
stakeholders, per DSHS Sunset Recommendations.
In order to achieve cost and performance goals, local systems would need to move toward
implementing the following features in their crisis systems:
Promote universal and early access to help. Each community should have a clear
protocol by which an individual or a family, regardless of insurance status (including
uninsured, Medicaid, and commercial insurance), in any kind of mental health or
substance abuse crisis, can ask for and receive help quickly and easily and obtain a
proactive and timely response, whether through walk-in or mobile services.
Denton County Best Practice Opportunities Page 20
Measurement of timeliness of response and access to voluntary help versus help
through law enforcement or an emergency department should be key success metrics.
Identify and fund local crisis coordination and continuity “leads” in each region or
community. These entities would be responsible for coordinating all care for individuals
in crisis and providing oversight and performance improvement activities. Access to
crisis intervention, including mobile outreach, for those at high risk of hospitalization,
incarceration, or homelessness, should be a priority metric for system success and a
priority for system funding by all payers, including Medicai d and private insurers.
Develop and fund a full range of diversion services. Policy makers need to provide
definitions for each type of service, with local flexibility and development incentives to
fill gaps. Policy makers could also address the current licensing and certification rigidity
that interferes with development. All funders would need to certify and adequately
reimburse diversion services, just as they are required to reimburse inpatient services.
Promote a wide range of locally accessible psychiatric inpatient services (in
freestanding and community hospitals) to eliminate reliance on state hospitals for
acute care. In accord with the Long Term Plan and HB 3793 recommendations, s tate
hospitals should be used only for long-term rehabilitative and recovery services for the
most severely impaired individuals, as well as for forensic services that cannot be
performed in less restrictive settings. The state needs to coordinate all funding,
including state, local, Medicaid, Medicare, and private insuran ce to help local systems
and their hospitals develop adequate acute capacity at the local level. State licensing
and oversight needs to be supportive of the ability of hospitals to develop successful
programs within the rate structure provided. Successful application of this approach
could result over time in additional savings through reduced reliance on selected state
hospitals in which physical plant challenges are especially costly to repair.
Facilitate access to crisis help, including emergency detention, with minimal use of law
enforcement and the judicial system. Many states facilitate access to civil commitment
by providing authority to physicians, psychologists, nurse practitioners , and licensed
social workers to initiate short-term emergency holds for evaluation without requiring
the involvement of justice personnel. The 2012 Texas Appleseed review of the Texas
Mental Health Code includes many ideas to help Texas reduce reliance on law
enforcement.
Maximize access to peer support. Peer support should be a core feature of diversion
programs and acute care. As recommended by the Hogg Foundation, reimbursement
models should remove restrictions on use of peer support to include all types of mobile
and site-based diversion services, regardless of provider type. Peer-operated crisis
services should be developed in all local systems.
Maximize access to telehealth. Telehealth services by licensed practitioners should be
made available throughout the full range of crisis diversion services, including mobile
crisis, rather than only in licensed health facilities.
Denton County Best Practice Opportunities Page 21
Appendix Three: Additional Detail on Best Practices Noted In Report
Adult Best Practices Noted in Report
Assertive Community Treatment (ACT). ACT is an integrated, self-contained service approach
in which a range of treatment, rehabilitation, and support services are directly provided by a
multidisciplinary team composed of psychiatrists, nurses, vocational specialists, substance
abuse specialists, peer specialists, mental health professionals, and other clinical staff in the
fields of psychology, social work, rehabilitation, counseling, and occupational therapy. Given
the breadth of expertise represented on the multidisciplinary team, ACT provides a range of
services to meet individual consumer needs, including (but not limited to) service coordination,
crisis intervention, symptom and medication management, psychotherapy, co-occurring
disorders treatment, employment services, skills training, peer support, and wellness recovery
services. The majority of ACT services are delivered to the consumer within his or her home and
community, rather than provided in hospital or outpatient clinic settings, and services are
available round the clock. Each team member is familiar with each consumer served by the
team and is available when needed for consultation or to provide assistance. The most recent
conceptualizations of ACT include peer specialists as integral team members. ACT is intended to
serve individuals with severe and persistent mental illness, significant functional impairments
(such as difficulty with maintaining housing or employment), and continuous high service needs
(such as long-term or multiple acute inpatient admissions or frequent use of crisis services).9
The Substance Abuse and Mental Health Services Administration (SAMHSA) also developed an
ACT Implementation Kit (often referred to as a “toolkit”) to provide guidance for program
implementation.10 More recent ACT promotion efforts seeking to systematically promote
consistent outcomes across programs over time in the states of Washington, Indiana, North
Carolina, and elsewhere have focused on supporting ACT service development through a
comprehensive process of interactive, qualitative fidelity monitoring of clinical services usi ng
best practice measures such as the Tool for Measurement of Assertive Community Treatment
(TMACT). This is the current standard in the field and represents the best currently known way
to broadly develop high quality teams system wide building on the lessons of best practice
implementation science.11 Such an approach is particularly critical because high fidelity
9 Morse, G., & McKasson, M. (2005). Assertive Community Treatment. In R.E. Drake, M. R. Merrens, & D.W. Lynde
(eds.). Evidence-based mental health practice: A textbook.
10 Substance Abuse and Mental Health Services Administration (SAMHSA) Center for Mental Hea lth Services
(CMHS). (2003). Evidence-Based Practices: Shaping Mental Health Services Toward Recovery: Assertive Community
Treatment Implementation Resource Kit. Rockville, MD: U.S. Department of Health and Human Services, Substance
Abuse and Mental Health Services Administration, Center for Mental Health Services. (SAMHSA/CMHS ACT
Resource Kit).
11 Fixen, D.L. et al. (2005). Implementation research: A synthesis of the literature. Tampa: University of South
Florida. Monroe-DeVita, M., Teague, G.B., & Moser, L.L. (2011). The TMACT: A new tool for measuring fidelity to
Assertive Community Treatment. Journal of the American Psychiatric Nurses Association, 17(1), 17-29.
Denton County Best Practice Opportunities Page 22
implementation of programs like ACT is a predictor of good outcomes12 and of system wide cost
savings.13 Rigorous fidelity assessment also provides a basis for needed service delivery
enhancements within a continuous quality improvement (CQI) process. In effect, qualitative
clinical services monitoring will help ensure fidelity to the ACT model, evaluate whether
settlement stipulations are being met, and contribute to a continuous quality improvement
process.
ACT is one of the most well-studied service approaches for persons with SPMI, with over 50
published studies demonstrating its success14, 25 of which are randomized clinical trials
(RCTs).15 Research studies indicate that when compared to treatment as usual (typically
standard case management), ACT substantially reduces inpatient psychiatric hospital use and
increases housing stability, while moderately improving psychiatric symptoms and subjectiv e
quality of life for people with serious mental illnesses.16 Studies also show that consumers and
their family members find ACT more satisfactory than comparable interventions and that ACT
promotes continuity.
This intervention is most appropriate and cost-effective for people who experience the most
serious symptoms of mental illness, have the greatest impairments in functioning, and have not
benefited from traditional approaches to treatment. It is often used as an alternative to
restrictive placements in inpatient or correctional settings.
Comprehensive, Continuous, Integrated System of Care (CCISC): An Evidence -Based Approach
for Transforming Behavioral Health Systems by Building A Systemic Customer -Oriented
Quality Management Culture and Process. Multiple methods have been developed for
improving quality management in organizations, building on Deming’s original Plan-Check-Act-
Do model, including the ISO 9001:2008 standards for manufacturing noted above, various
specific quality planning approaches (e.g., kaizen, lean, six sigma, etc.), and quality frameworks
for healthcare more broadly (e.g., the National Committee for Quality Assurance). It was noted
12 Teague & Monroe-DeVita (in press). Not by outcomes along: Using peer evaluation to ensure fidelity to
evidence-based Assertive Community Treatment (ACT) practice. In J. L. Magnabosco & R. W. Manderscheid (Eds.),
Outcomes measurement in the human services: Cross-cutting issues and methods (2nd ed.). Washington, DC:
National Association of Social Workers Press.
13 See for example, Latimer, E. (1999). Economic impacts of assertive community treatment: A review of the
literature. Canadian Journal of Psychiatry, 44, 443-454.
14 The Lewin Group. (2000). Assertive community treatment literature review. from SAMHSA Implementation
Toolkits website: http://media.shs.net/ken/pdf/toolkits/community/13.ACT_Tips_PMHA_Pt2.pdf
15 Bond, G. R., Drake, R.E., Mueser, K.T., & Latimer, E. (2001). Assertive community treatment for people with
severe mental illness: Critical ingredients and impact on patients. Disease Management & Health Outcomes, 9,
141-159.
16 Bond, G. R., Drake, R.E., Mueser, K.T., & Latimer, E. (2001). Assertive community treatment for people with
severe mental illness: Critical ingredients and impact on patients. Disease Management & Health Outcomes, 9,
141-159.
Denton County Best Practice Opportunities Page 23
above that the challenges in behavioral health systems are specific and in some ways more
complex. Fortunately, over the last 15 years a specific model for behavioral health system
design and implementation, consistent with the core quality improvement principles of the
IOM framework, has been developed and replicated in numerous public behavioral health
systems.
The Comprehensive, Continuous, Integrated System of Care (CCISC) model was developed over
the past 15 years by ZiaPartners. It is an evidence-based model17 that has been identified by
SAMHSA as a “best practice” for system design, and has been used in dozens of local and state
systems of care internationally, in over 25 states across the U.S., and in 10 California counties.
CCISC is designed to create a framework for systems to engage in this type of vision-driven
transformation. It is built on the framework of the IOM Quality Chasm series, which has
recommended the need for a customer-oriented quality improvement approach to inform all of
health and behavioral health care. Below are the key elements:
1. The system must be built to fulfill the biggest possible vision of meeting the needs and
hopes of its customers: both the individuals and families who are seeking help, and the
system partners (e.g., criminal justice, child welfare, juvenile justice, homeless services,
public health, etc.) that share the responsibility to respond. The emphasis always begins
with those individuals and families who the system is currently not well designed to serve
(people with co-occurring issues, people with cultural diversity, people in complex crisis,
etc.).
2. The whole system must be organized into a horizontal and vertical continuous quality
improvement partnership, in which all programs are responsible for their own data -driven
quality improvement activities targeting the common vision that all programs become
person/family-centered, recovery/resiliency-oriented, trauma-informed, complexity capable
(that is, organized to routinely integrate services for individuals and families with multiple
complex issues and conditions), and culturally/linguistically competent. In addition, all the
major processes and subsystems (e.g., crisis response) must be reworked within this quality
improvement partnership to be better matched to what people need.
3. The whole process is designed to implement a wide array of best practices and
interventions into all the core processes of the system at an adequate level of detail to
ensure fidelity and achieve associated outcomes. This is not about simply "funding special
17 Minkoff, K. and Cline, C. 2004. Changing the world: The design and implementation of comprehensive
continuous integrated systems of care for individuals with co-occurring disorders. Psychiatric Clinics of North
America, 27: 727-743.
Minkoff, K. and Cline, C. 2005. Developing welcoming systems for individuals with co-occurring disorders: The role
of the Comprehensive Continuous Integrated System of Care model. Journal of Dual Diagnosis, 1:63-89.
Denton County Best Practice Opportunities Page 24
programs," but rather about defining what works and making sure, within the systemic
continuous quality improvement (CQI) practice improvement/workforce development
framework, that what works is routinely provided in all settings.
4. The whole process is data driven. Each CQI component, whether at the program level, the
subsystem level, or the overall system level, is driven by commitment to measurable
progress toward quantifiable objectives.
5. The whole process is built within existing resources. All systems need more resources, but it
is critical to challenge ourselves to use the resources we have as wisely as possible
before acquiring more. In most behavioral health systems, as noted by the IOM, poor
system design produces inefficient and ineffective results, and then more resources are
invested to work around the poorly designed system. The goal of CCISC is to create
processes to move beyond that over time.
6. The whole process is built with the assumption that every piece of practice and process
improvement needs to be anchored firmly into the supporting operational administrative
structure and fiscal/regulatory compliance framework. This includes not only clinical
instructions, but also resource and billing instructions, quality and data instructions,
paperwork and documentation requirements, and so on. The fiscal/regulatory compliance
framework can be the biggest supporter of quality-driven change, if the same rigidity that
may hold ineffective processes in place is "re-wired" to hold improved clinical processes in
place that are consistent with the overall values and mission of the systems. Many systems
think that this cannot occur, and therefore stop trying. CCISC challenges systems to discover
the ways that financial integrity and value-driven practice can be anchored into place
simultaneously.
The whole CCISC process begins with a big vision of change and puts in place a series of change
processes that proceed in an incremental, stepwise fashion over time. However, because the
design of the process is to create organized accountability for change at every level of the
system concurrently, thereby increasing the total activation and personal responsibility for
improvement by both customers and staff (both front line and managers), even though each
part of the system may only take small steps, the whole system starts to make fundamental
changes in its approach to doing business. Although a transformation process is by design
“continuous improvement” and will involve significant changes over several years, the shift to
implementation of a quality-driven framework process can occur in a relatively short time
frame (e.g., six to 12 months).
Denton County Best Practice Opportunities Page 25
Child and Family Best Practices Noted in Report
Wraparound Service Coordination (based on the standards of the National Wraparound
Initiative) is an integrated care coordination approach delivered by professionals, alongside
youth and family partners, for children involved with multiple systems and at the highest risk
for out-of-home placement.18 Wraparound is not a treatment per se. Instead, wraparound
facilitation is a care coordination approach that fundamentally changes the way in which
individualized care is planned and managed across systems. The wraparound process aims to
achieve positive outcomes by providing a structured, creative and individualized team planning
process that, compared to traditional treatment planning, results in plans that are more
effective and more relevant to the child and family. Additionally, wraparound plans are more
holistic than traditional care plans in that they address the needs of the youth within the
context of the broader family unit and are also designed to address a range of life areas.
Through the team-based planning and implementation process, wraparound also aims to
develop the problem-solving skills, coping skills and self-efficacy of the young people and family
members. Finally, there is an emphasis on integrating the youth into the community and
building the family’s social support network. The wraparound process also centers on intensive
care coordination by a child and family team (CFT) coordinated by a wraparound facilitator. The
family, the youth, and the family support network comprise the core of the CFT members,
joined by parent and youth support staff, providers involved in the care of the family,
representatives of agencies with which the family is involved, and natural supports chosen by
the family. The CFT is the primary point of responsibility for coordinating the many services and
supports involved, with the family and youth ultimately driving the process. The wraparound
process involves multiple phases over which responsibility for care coordination increasingly
shifts from the wraparound facilitator and the CFT to the family (for additional information on
the phases of the wraparound process, see information at http://www.nwi.pdx.edu/NWI-
book/Chapters/Walker-4a.1-(phases-and-activities).pdf).
18 Bruns, E.J., Walker, J.S., Adams, J., Miles, P., Osher, T.W., Rast, J., VanDenBerg, J.D. & National Wraparound
Initiative Advisory Group. (2004). Ten principles of the wraparound process. Portland, OR: National Wraparound
Initiative, Research and Training Center on Family Support and Children’s Mental Health, Portland State U niversity.
Aos, S., Phipps, P. Barnoski, R., & Lieb, R. (2001). The Comparative Costs and Benefits of Programs to Reduce
Crime. Olympia: Washington State Institute for Public Policy.
Hoagwood, K., Burns, B., Kiser, L., et al. (2001). Evidence-based practice in child and adolescent mental health
services. Psychiatric Services. 52:9, 1179-1189.
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-273,Version:1
AGENDA CAPTION
Receive a report, hold a discussion and provide staff direction regarding the alignment of an east-west Primary
Arterial in the southern area of the City.
City of Denton Printed on 2/7/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Capital Projects
CM/ DCM/ ACM: Mario Canizares
DATE: February 11, 2020
SUBJECT
Receive a report, hold a discussion and provide staff direction regarding the alignment of an east-west
Primary Arterial in the southern area of the City.
BACKGROUND
The City of Denton is developing a Mobility Plan that combines three plans into one: the Master Thoroughfare
Plan, the Bicycle Master Plan and the Pedestrian Master Plan. As part of the Master Thoroughfare Plan, staff
(with the help from a consulting firm) is evaluating the entire roadway network throughout the City. In order
to analyze and present the plan, the City is divided into five areas; Downtown, Northern, Eastern, Western and
Southern. The area of the City bounded by I-35W and I35E is the Southern area. The southern area has several
north-south continuous arterials but does not have a continuous east-west arterial that provides a direct
connection between the two freeways on the south side of the City. As part of the overall Master Thoroughfare
Plan, staff has evaluated four alternatives of an east-west Primary Arterial on the south side of the City.
EXHIBITS
1. Agenda Information Sheet
2. Presentation
Respectfully submitted:
Pritam Deshmukh, P.E. Deputy City Engineer
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Mobility Plan
Southern Area
East-West Primary Arterial
Alternatives
Pritam Deshmukh
Capital Projects
Why
2
•No East-West connection between I-35W and I-35E
•Existing and Future Travel Patterns
•Growth -Increased Strain on Existing Network
•Possible Locations for east-west corridors
Constraints
3
•Natural Barriers
•Other Constraints
•City Boundary
•Limited Area for
Possible Locations
Alternatives Evaluated
Approved
Allred Rd.
Connection
A.Hickory Creek Road Corridor along Brush Creek. –I35 W to FM
2181 (Alternative A)
B.Hickory Creek Road/Vintage Blvd –I35W to FM 2181(Alternative B)
C.Hickory Creek Rd./Vintage Blvd. –I35W to FM 2181(Alternatives C)
D.Ryan Rd./Vintage Blvd. –I35W to FM 2181 (Alternatives D)
B CA
DI-35W
FM
2181
Hickory Creek Road
FM
2181
FM
2499FM
1830
Under Construction
Under
Construction in
Summer
Under Design
Alignment A
6
•US 377
•Hobson
•Country Club
•FM 1830
Alignment B
7
•US 377
•Hobson
•Brush Creek
•Country Club
•FM 1830
Alignment C
8
•US 377
•Hobson
•Brush Creek
•Country Club
•FM 1830
Alignment D
9
•US 377
•Hobson
•Brush Creek
•Country Club
•FM 1830
Focused Comparison
Approved
Allred Rd.
Connection
•Regional Connectivity
•Right-of-Way Impacts
•Construction Cost
•Future traffic conditions
on Brush Creek Road
Alternative A –Widen Brush Creek Road
11
Potential
Residential
displacements
Maintains property
boundaries
Golf Course
maintenance shed
displacement
Approved
Allred Rd.
Connection
Approved
Hickory Creek Rd.
Connection
•Regional east-west
connectivity
•Utilizes existing Brush
Creek Rd.
•17 acres ROW
acquisition
•No congestion
along Brush Creek
Rd. in 2040
Alternative A
12
Golf Course
maintenance shed
displacement
Approved
Allred Rd.
Connection
Approved
Hickory Creek Rd.
Connection
•Long Term (after 20 years)
•Minimize impacts to residents
•Proposed Widening on the Southside
•As parcels develop reserve ROW
•Short Term (after 5 years)
•Utilize existing ROW (approx. 80 -100 feet available)
•Widen to a four lane facility
Potential
Residential
displacements
Golf Course
maintenance shed
displacement
Alternative B -Brush Creek Rd. to Vintage Blvd.
13
Transmission LinesResidential
Cemetery
Approved
Hickory Creek Rd.
Connection
Brush Creek Rd.FM 1830Residential
•Connection from Brush
Creek Rd. to Vintage
Blvd.
•Utilizes edge of parcel
boundaries
•Avoids parallel stream
impacts
•25 acres ROW
acquisition
•Congestion along
Brush Creek Rd. in 2040
(LOS E)
Alternative C -Hickory Creek Rd. to Vintage Blvd.
14
Transmission LinesResidential
Cemetery
Approved
Hickory Creek Rd.
Connection
Brush Creek Rd.FM 1830Ranch
Ryan Rd.
Residential
•Connection from
Hickory Creek Rd. to
Vintage Blvd.
•Crosses perpendicular
to FM 1830
•Bisects 8 parcels
•Avoids transmission
lines
•31 acres ROW
acquisition
•Congestion along
Brush Creek Rd. in
2040 (LOS E)
Alternative D -Ryan Rd. to Vintage Blvd.
15
Transmission Lines
Residential
Property
City-owned
Property
Well Site FM 1830Ryan Rd.
•Regional east-west
connectivity
•Utilizes City of Denton-
owned property
•Avoids residential
property & well site
•9 acres ROW
Acquisition
•Congestion along Brush
Creek Rd. in 2040 (LOS
E)
Corridor Improvement Cost Estimates
Approved
Allred Rd.
Connection
A.Hickory Creek Road Corridor along Brush Creek. –I35 W to FM 2181 (Alternative A)
Cost Estimate -$155M
B.Hickory Creek Road/Vintage Blvd –I35W to FM 2181(Alternative B)
Cost Estimate -$257M
C.Hickory Creek Rd./Vintage Blvd. –I35W to FM 2181(Alternatives C)
Cost Estimate -$181M
D.Ryan Rd./Vintage Blvd. –I35W to FM 2181 (Alternatives D)
Cost Estimate -$148M
B CA
DI-35W
FM
2181
Summary Table
17
Criteria A B C D
Promotes Regional
Connectivity Yes Indirect Indirect Indirect
ROW Parcels Impacted 29 9 11 9
Potential ROW Impact
-Acres 17 25 31 9
Construction Costs $155M $257M $181M $148M
Possible Funding From
Regional Partners $124M (80%)$0 (0%)$0 (0%)$0 (0%)
City Costs $31M (20%)$257M (100%)$181M (100%)$148M (100%)
Questions?
18
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-330,Version:1
AGENDA CAPTION
Receive a presentation and hold a discussion regarding the Water and Wastewater Cost of Service and Rate
Design Study.
City of Denton Printed on 2/7/2020Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Finance
CFO: Antonio Puente Jr.
DATE: February 11, 2020
SUBJECT
Receive a presentation and hold a discussion regarding the Water and Wastewater Cost of Service and Rate
Design Study.
BACKGROUND
In the fall of 2019, the Water and Wastewater Department contracted with Raftelis to update the City’s Cost
or Service and Rate Design Study. This study is updated approximately every five years and identifies
revenue requirements by customer classes (i.e. residential, commercial, wholesale). In the interim years,
staff updates the study as part of the budget and rate adoption process. This process ensures rates are
equitably designed to recover cost of service among all service categories based on the City’s policies,
procedures and pricing objectives.
Staff has worked with Raftelis to update the cost of service and rate design study over the past several
months. To date, activities have included reviewing volume forecasts, revenue forecasts and operating
budgets. The pricing objectives for both water and wastewater prioritize water conservation and cost of
service based rates. For water, volume rates are determined by usage and are grouped in tiers to encourage
water conservation. For wastewater, customers are billed based on a winter average established during the
months of December, January, and February. If no average is available for wastewater customers they are
billed a minimum of 5,400 gallons until an average is established. Over the next several months, the
information mentioned above will be used to complete the study and provide staff a working financial
model. The study will also compare water and wastewater rates to similar utilities in the area.
The attached presentation is intended to give the City Council an update of the Cost of Service and Rate
Design Study. The final study will be presented to the Council during the summer of 2020.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The contract with Raftelis was approved by the Public Utilities Board (PUB) and City Council on October
14, 2019 and October 22, 2019. The PUB will review this item on February 10, 2020.
EXHIBITS
1. Agenda Information Sheet
2. Presentation
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Respectfully submitted:
David Gaines
940-349-8069
Finance Director
Prepared by:
Nick Vincent
940-349-8063
Assistant Finance Director
FY 2019-20
Cost of Service & Rate Design Study
Nick Vincent
Assistant Finance Director
February 11, 2020
February 11, 2020 -ID20-330
Presentation Objectives
February 11, 2020 -ID20-330
•Cost of Service and Rate Design Process
•Process of Identifying Revenue Requirements
•Review Pricing Objectives
•Next Steps
Cost of Service and Rate Design Process
February 11, 2020 -ID20-330
•City contracted with Raftelis to update the cost of service and rate design for the
Water and Wastewater Funds.
•Studies are updated every 5 years (last update 2015)
•Study Period FY 2020-2025
•Cost of Service and Rate Design Studies identify revenue requirements for each
customer class to achieve specific policy objectives
•American Water Works Association (AWWA) cost allocation principles are used to
establish revenue requirements for each customer class
February 11, 2020 -ID20-330
Cost of Service and Rate Design Process (cont.)
Identify Revenue Requirements
February 11, 2020 -ID20-330
*Ancillary Charges are miscellaneous revenues
Current Pricing Structure & Objectives
February 11, 2020 -ID20-330
Gallons Winter Summer Gallons (x1000)*Revenue
0-15,000 $4.15 $4.15 2,700,506 $17,366,657
15,001-30,000 $4.15 $5.90 371,607 $2,192,481
30,001-50,000 $4.15 $8.15 104,497 $851,653
Over 50,000 $4.15 $10.90 39,334 $428,744
Total 3,215,944 $20,839,535
Current Pricing Objectives
•Tiered pricing structure to promote water conservation
•Cost of service based rates
Residential Rate Structure
Wastewater
•Facility Charge -$11.00/bill
•Volume Charge -$3.80/1,000 gallons
•Billable volume is established based on winter averaging (December-February)
Water
•Facility Charge -$16.00 –¾” meter
•Volume Charges -
* x 1,000
Next Steps
February 11, 2020 -ID20-330
•February 2020 -May 2020
Complete Cost of Service and Rate Design Study
•June 2020
Final Report and Presentation to PUB and City Council
•September 2020
Rate Adoption
February 11, 2020 -ID20-330
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-005,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction on pending City Council requests for:
(1)Appropriate zoning/land use incentives for developing areas near capped gas wells; and
(2)Producing an RFQ for a study on the public health impacts of gas wells.
City of Denton Printed on 2/7/2020Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
ACM: Sara Hensley
DATE: February 11, 2020
SUBJECT
Receive a report, hold a discussion, and give staff direction on pending City Council requests for:
1. Appropriate zoning/land use incentives for developing areas near capped gas wells; and
2. Producing an RFQ for a study on the public health impacts of gas wells.
BACKGROUND
During the annual City Council retreat on Saturday, August 17, 2019, the City Council agreed to a process
to ensure there is a consensus of the City Council regarding the use of staff time when responding to requests
from elected officials that anticipate taking more than two hours to complete or if there is a City Council
policy decision to be made. The process developed during the retreat was further discussed and formally
adopted at the August 27 City Council meeting (Exhibit 2).
Staff will review one outstanding request for information per elected official during each work session. The
weekly work session process will include staff introducing the requested topic followed by the requesting
elected official having up to one minute to describe and justify their request. Remaining elected officials
will then have up to one minute to provide feedback and indicate their support for the use of staff time to
respond to the request. Staff will respond to all requests where a consensus of at least four elected officials
is established. Responses will be provided in the requested format including Informal Staff Reports, Legal
Status Reports, City Council work session topics, or ordinances and resolutions to be considered on future
City Council agendas.
The following items will be discussed during the February 11, 2020 work session:
1. Appropriate zoning/land use incentives for developing areas near capped gas wells
a. Requestor: Council Member Davis
b. Council Member Request: Proposal for addition to upcoming work session to consider
density bonuses or other appropriate zoning/land use incentives for areas made available
for development by the capping of existing gas wells.
c. Staff Information: On December 10, 2019, Council Member Meltzer presented a
request for a work session regarding the risks and appropriate public protections
regarding plugged wells as well as facilitating alternative surface uses for land
sidelined by setbacks and reverse setbacks. A work session will be scheduled as the
request reached consensus. Staff could be directed to amend the upcoming work
session presentation and materials to include Council Member Davis’s requested
information should the request also receive consensus.
d. Date Requested: January 28, 2020
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
e. Requested Format for Response: Amend Work Session Request from Council Member
Meltzer from December 10, 2019
2. Produce a Request for Qualifications (RFQ) for a study on the public health impacts of gas
wells
a. Requestor: Council Member Briggs
b. Council Member Request: Council Member Briggs requested a discussion to potentially
direct staff to engage in the RFQ process for a scientific study relating to gas well
setbacks and the associated health impacts.
c. Staff Information: The RFQ process would allow staff to identify qualified vendors that
can perform a gas well setback and health study. In order to complete an RFQ, this would
require staff from multiple departments including Environmental Services, the City
Manager’s Office, and Purchasing and Procurement; an RFQ would require 30 to 60
staff hours to develop a scope, move through the purchasing process, and evaluate the
responses. If completed, the result would be a better estimate of what a full study of this
nature would cost the City. That pricing information could then be included in FY21
budget discussions as a Council initiated Supplemental budget request. There have been
two previous Informal Staff Reports and pertinent Work Session backup materials
(Exhibit 3) that discuss this process in more detail.
d. Date Requested: February 3, 2020
e. Requested Format for Response: Supplemental budget request for FY21 consideration
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Ordinance No. 19-2026
Exhibit 3 – Gas Well Study Informal Staff Reports and Work Session Materials
Exhibit 4 – Presentation
Respectfully submitted:
Rachel Balthrop Mendoza
Assistant to the City Manager
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reporting ta, the City Manager or City Attorney.
b) City Council Requests for Information from City Staff.
1) All City Council requests for information from City Staff, must be submitted to the
City Manager's Office via email and include at a minimum, the following details:
a, Request Type;
b. Purpase;
c. Time Sensitivity; and
d. Preferred Respanse Format.
2) The City Manager's Office and/or the City Attorney's Office will estimate the amaunt
af time required to respond ta each request.
3) Requests estimated to take more than a total of twa hours to complete will be brought
forward within the next 30 calendar days, to a City Council wark session to seek
cansensus from the full City Council regarding the use af City Staff time to fulfill the
request. Requests for information referred to a work session will fallow the procedures
provided in sub-section (b) of Sectian 2-30.
c) City Cauncil Requests for Informatian Referred to a Work Session.
1) A standing work session item will be added to each City Council agenda for City
Council requests ta be cansidered.
a. The requesting Council Member will be required ta pravide a clear, written
explanation describing the reason for the informatian requested. This
description will be included as an attachment ta the work session agenda
materials and must he provided to the City Secretary in time to fully camply
with Texas Open Meeting Act requirements.
2) During the work session, the requesting Cauncil Member will have a maximum af one
minute to describe and justify their request.
a. Remaining Cauncil Members will then have a maximum of one minute each to
provide feedback and indicate their support for the use of City Staff time to
respond ta the request,
3} City Staff will respond to all requests where a consensus of at least four elected officials
is established. Each elected official will alsa have the option to request City Staff
respond to a maximum of two requests per quarter where a consensus is not met,
pravided each request in this category is not estimated to take mare than a total of ten
City Staff hours to complete, Ta the extent possible, responses will be make in the
requested format including Informal Staff Reports, Legal Status Reports, City Council
work session topics, or ardinances and resalutians ta be cansidered on future City
Council agendas.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
S„ECTION 3, To the extent not otherwise provided, this ordinance shall repeal every prior
ordinance in conflict herewith, but only insofar as the portion of such ordinance shall be in conflict;
and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be
and is hereby made cumulative except as to such prior ordinances or portions thereof as are
expressly repealed hereby.
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.
ro ordinance was made by ' ° m Y ; ' ° The motion to app ve this
and seconded by '' m , the ordinance was r,a.l anda
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Mayor Chris Watts:
Gerard Hudspeth, District 1
Keely Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Aye Nay Abstain Absent
PASSED AND APPROVED this the °,, day of , , _ t
2019,
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C i' I: WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
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Date: December 21, 2018 Report No. 2018-195
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
During the concluding items portion of the December 3, 2018 City Council meeting, Council
Member Meltzer requested information regarding conducting a scientific study to evaluate gas
well setback distances for the City of Denton.
DISCUSSION:
As mentioned in the gas well setback presentation during the City Council work session on
September 11, 2018, one of the most comprehensive studies specific to potential public health
impacts due to emissions of compounds leaving gas well sites within the Barnett Shale was
commissioned by the City of Fort Worth in 2010 through 2011. The specific goal of this study
was to evaluate whether the 600-foot setback from protected uses established by the City of Fort
Worth was adequate for protecting public health. The City of Fort Worth selected the Eastern
Research group (“ERG”) to conduct this study. ERG began the study during August 2010 and
provided a final report approximately 1 year later. Results of the study indicated that the 600-
foot setback used by the City of Fort Worth was protective of public health according to the
parameters used by the ERG to evaluate public health impacts. Although the study had some
critics, the information was subsequently used by several other cities as a basis for setback
distances, and today the 600-foot setback remains the most common setback distance used within
the Dallas – Fort Worth Metroplex.
The ERG study offers a framework for partially addressing the council request. However, the
study conducted by ERG for the City of Ft. Worth was designed to determine if an established
distance (600 feet) was sufficient for protecting public health. The current council request
appears to be to facilitate research to determine “what is a safe setback distance”, which is a
much more difficult issue to address since a defined distance is not implicit. With this in mind,
the basic design of the ERG study is still valid for addressing the research request, but
substantially more work will be needed to consider multiple distances.
Using the ERG study as a framework, staff suggests the following approach:
1. Complete ambient air monitoring and associated research to establish a baseline.
Complete ambient air monitoring to determine the prevalence and magnitude of specific
compounds in ambient air and complete an assessment of other potential sources of
emissions in proximity to gas wells. The City of Fort Worth established 8 monitoring
sites to assess ambient air quality, and measurements were taken over a two-month
period. Information obtained from this ambient air monitoring network was used to
provide context for point source sampling and analysis efforts, characterize exposure to
selected air toxics in ambient air at various locations in the city, establish concentrations
of air toxics (such as benzene) present in the ambient air in the area, and as a component
of the subsequent public health evaluation. Analyses of other potential sources of
Date: December 21, 2018 Report No. 2018-195
emissions unrelated to gas wells will help in sample collection design and ensure that
quantified emissions can be defensibly demonstrated to be from gas well pad sites.
2. Complete a point source emissions study to characterize emissions from natural gas-
related point sources located within the City of Denton. Data collected during this
phase can be used to derive total emissions profiles for each point source site. This point
source testing must be comprehensive, since emissions at any individual site can fluctuate
depending on day-to-day operating and equipment conditions. The variation in emissions
over the entire population must be captured to determine the likely range of emission
profiles, and the sampling will need to be done for multiple distances.
3. Use accepted, defensible analytical methods to perform monitoring. Analyze volatile
organic compounds (VOCs) using established protocols, which include the
Environmental Protection Agency’s (EPA' s) method TO-15, Carbonyl compounds
identified by EPA' s method TO-11A (including formaldehyde), speciated non-methane
organic compounds (SNMOC), as identified by ERG/SNMOC Analysis Method, and
Methane as identified by EPA' s method TO-14. This approach will provide
information for over 130 compounds, including 45 hazardous air pollutants such as
benzene, ethylbenzene, toluene, and xylenes (BTEX compounds), formaldehyde, and
acetaldehyde. It may also be advisable to consider newer passive methods for that use
sorbent tube technologies such as EPA method TO-17 and /or method 325A. From a
public health standpoint, concentrations of benzene should be of primary importance.
4. Complete air dispersion modeling. The results of elements 1-3 can be used to complete
air dispersion modeling to quantify downwind impacts from natural gas activities using
the latest EPA-approved models and methodologies. This information can then be used to
determine worst case exposure scenarios and to determine the adequacy of various
setback distances within the framework of a public health evaluation.
5. Use defensible and widely accepted heath based screening levels for public health
evaluation. Complete a public health evaluation by comparing the ambient air
monitoring data and the dispersion modeling results to the Texas Commission on
Environmental Quality (TCEQ) health-based screening levels with respect to distances
from pad sites. Evaluations should include both Effects Screening Levels (ESLs) and
Air Monitoring Comparison Values (AMCVs). The TCEQ has developed separate ESLs
for short-term and long-term exposure durations, where short-term values are typically
used for assessing 1-hour average concentrations and long-term values are typically used
for assessing annual average concentrations. Although ESLs are not regulatory
standards, they are often used to interpret potential exposures to air pollution predicted by
models. The TCEQ interprets ESLs as follows: “If predicted airborne levels of a
constituent do not exceed ESLs, adverse health or welfare effects are not expected. If
predicted ambient levels of constituents in air exceed the screening levels, it does not
necessarily indicate a problem but rather triggers a review in more depth.” Air
Monitoring Comparison Values (AMCVs) are pollutant-specific ambient air
concentrations that the agency has established to protect human health and welfare. In
contrast to ESLs, which are primarily used when evaluating air pollution levels predicted
Date: December 21, 2018 Report No. 2018-195
by models, AMCVs are used when conducting health screening evaluations of air
monitoring data. Depending on the sampling results, it is possible that Texas Risk
Reduction Program’s risk based exposure levels (RBELs) for residential inhalation may
also need to be considered.
It is staff’s opinion that the above approach will likely be able to address the Council request.
Staff obtained information on the ERG study via discussions with the City of Fort Worth staff
member that was the project manager for the study. The Fort Worth ERG study was completed
in approximately 1 year, and the total cost was $1,052,448. However, the study included a
$45,254 component for communication and outreach that could possibly be excluded, bring the
costs to $1,007,194 in 2010 dollars. Although the City of Denton has fewer gas well pad sites
than the City of Fort Worth, the request for the Denton study is to determine a specific public
health based setback distance, whereas the City of Fort Worth study was designed to determine if
a single distance (600 feet) was protective of public health. As a result, the City of Denton study
will require substantially more sampling, analytical, and modeling work. Applying a 5% per
year increase to the 2010 ERG study amount of $1,007,194 indicates that the cost of the ERG
study would be approximately 1.65 million in 2019. Considering the more extensive nature of
the Denton study as proposed, it is not unreasonable to expect the study to be in the 2 million
dollar range, and to take perhaps 1.5 to 2.5 years to complete. It is also worth noting that while
the proposed health based screening levels are derived from the TCEQ and the proposed methods
are supported by the EPA, if exceedences of standards are observed the TCEQ is unlikely to
accept those results without additional monitoring and evaluations being performed by the TCEQ
itself.
STAFF CONTACT(S):
Kenneth Banks
General Manager of Utilities
(940) 349-7165
Kenneth.Banks@cityofdenton.com
Date: January 4, 2019 Report No. 2019-001
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
On January 1, 2019 Council Member Paul Meltzer sent an email to Ken Banks, General Manager of
Utilities, regarding a scientific study to evaluate gas well setback distances for the City of Denton. In the
email, Council Member Meltzer requested staff to provide an informal staff report addressing the
following question “To reduce upfront cost, would it be feasible to take it a step at a time and just test
whether our current 250 foot reverse setback is safe and healthy—including under conditions where
fracking is taking place?”
DISCUSSION:
An informal staff report (ISR) regarding a scientific study to evaluate gas well setback distances was
provided to the City Council on December 21, 2018 (ISR 2018-194). The information included in ISR
2018-194 was designed to address a previous request by Council Member Meltzer to determine a setback
distance that was adequate for protecting public health. Staff provided detailed recommendations on
major study elements to include in such a study, based largely on a similar study conducted by the Eastern
Research Group (“ERG”) for the City of Fort Worth during 2010-2011. The approach used in ISR 2018-
194 was designed to assess multiple distances to determine a distance that was protective of public health
according to the parameters specified within the ISR. Using information from the ERG study, ISR,
2018-194 also stated that it is not unreasonable to expect the study to be in the 2 million dollar range, and
to take perhaps 1.5 to 2.5 years to complete
The request made on January 1, 2019 involves assessment of a single distance of 250 feet, which will be
more analogous the Fort Worth ERG study and should reduce costs. However, staff recommends
excluding the element of assessments “under conditions where fracking is taking place.” The rationale
for this recommendation is due to the fact that a large number of fracking events will need to be assessed
to understand contaminant concentrations and to have enough data to model. Currently, fracking is a rare
event in Denton because drilling is not occurring, and as a result it is unlikely that there will be enough
fracking events available to provide an adequate assessment unless the study extends for a very long time.
This will likely continue to be the case unless energy markets change substantially.
Estimating the cost of such a study is difficult, but using the same approach as applied in ISR 2018-194,
staff expects that a “single distance” study for Denton would be in the 1 to 1.4 million dollar range and
would likely take 1.5 to 2 years to complete.
STAFF CONTACT(S):
Kenneth Banks.
General Manager of Utilities
(940) 349-7165
Kenneth.Banks@cityofdenton.com
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Utilities
CM/ DCM/ ACM: Mario Canizares
DATE: July 16, 2019
SUBJECT
Receive a report, hold a discussion and give staff direction regarding gas well issues including setback
distances in Denton, setback requirements in other area cities, legal and development issues, notification
and disclosure requirements, and information concerning a gas well setback distance study.
BACKGROUND
Denton’s Setback history and distances
Gas well setback distances in the City of Denton have a long history that predates the Denton Development
Code. The various changes throughout these years reflect debates among gas well developers, land
developers, citizens, and Council members as Denton continued to experience rapid increases in the number
of gas wells within the City limits. Later modifications were influenced by these same variables as well as
the legal and policy implications of the approval of House Bill 40 in the 84th session of the Texas Legislature
in 2015. The following table summarizes the major components of the gas well setback distances.
Ordinance Restrictions for drilling and production by
right
Production site
setback (ft.)
Reverse
Setback
2001-465 Agriculture and Industrial Zoning Districts 500 ft. Not applicable
2002-040 RD-5, RC, NR-1, NR-2, RCC-N, RCC-D, EC-C,
EC-I, IC-E, and IC-G Zoning Districts
500 ft. Not applicable
2004-059 RD-5, RC, NR-1, NR-2, RCC-N, RCC-D, EC-C,
EC-I, IC-E, and IC-G Zoning Districts
500 ft. Not applicable
2005-223 RD-5, RC, NR-1, NR-2, RCC-N, RCC-D, EC-C,
EC-I, IC-E, and IC-G Zoning Districts
500 ft. Not applicable
2010-181 Protected Uses* 1,000 ft. Not applicable
2010-196 Protected Uses* 1,000 ft. 250 ft.
2013-014 Protected Uses* 1,200 ft. 250 ft.**
2015-133 Protected Uses* 1,000 ft.*** 250 ft.
* The term “protected use” was introduced in the 2010 -181 ordinance. Prior to this, protections for similar uses was based on
fire code definitions of residential structure, place of assembly, institution, or school. A protected use was defined in 2 010-181
as “Any residence, church, Public Park, public librar y, hospital, or school”, and 2010-181 defined a “residence” as “a home,
abode, or place where an individual is actually living at a specific point in time. A structure or part of a structure contai ning
dwelling units or rooming units, including single -family or two-family houses, multi-family dwellings, boarding or rooming
houses, elderly living facilities, apartments, or dormitories”.
**Measurements for reverse setbacks were modified to include both measurements of gas well site plan boundary to closest
exterior point of any structure occupied by a protected use or, in the case of a proposed residential subdivision plat, the di stance
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
from the boundary of the gas well development site plan / boundary of the site to the closest lot line of any undeveloped lo t
within a previously platted residential subdivision where 1 or more lots have 1 or more structures.
*** Only for new drilling sites. Existing exiting sites have a 500 ft. setback from protected uses.
Setback distances for municipalities in Tarrant and Denton County
In 2017, Fry, Brannstrom, and Sakinejad published an article entitled “Suburbanization and shale gas wells:
Patterns, planning perspectives, and reverse setback policies” in Landscape and Urban Planning 168:9-21.
The article summarizes their research on setbacks and reverse setbacks in Tarrant and Denton County for
48 municipalities. Figure 1. summarizes the setback and reverse setback requirements from their research.
Figure 1. Reverse setback distances (gray bars) and setback distances (black bars) in municipalities in
Denton and Tarrant counties (as of February 2015).
From Fry et. al., (2017). Suburbanization and shale gas wells: Patterns, planning perspectives, and reverse setback policies.
Landscape and Urban Planning 168:9–21.
Of the 48 municipalities surveyed by Fry et al., 9 use reverse setbacks to regulate how close new residential
homes can be built to existing gas well facilities. Five municipalities (approximately 56%) have reverse
setback distances that are 250 feet or less, and four municipalities (approximately 44%) have distances that
are greater than 250 feet. However, it is important to note that direct comparisons of setback distances can
be complicated by the methods used to measure the distance. Some municipalities, for example, measure
the setback distances from the wellhead to the wall of the protected structure on the adjacent land. Others
may measure from the nearest piece of equipment to the wall of the structure, and others may measure from
the exterior boundary of the gas well site. Denton currently measures from the closest exterior boundary
of the gas well site to the protected use structure, which is the most conservative approach. Additional
distance is provided for the reverse setback in cases whe re a plat for a proposed residential subdivision
exists, as the measurement in this case will be from the boundary of the gas well development site plan to
the closest lot line of any undeveloped lot. Taking this measurement method into consideration, De nton
has one of the more stringent reverse setbacks in the area for undeveloped lots. Denton is also one of the
two municipalities in the survey that require developers to note the location of existing wells within a
specified distance on the deed, plat, or site plan. Additionally, the 2015 gas well ordinance requires that a
protected use be located at least 300 feet away from any equipment on a gas well drilling and production
site that produces or stores flammable liquids or gases. This extends the Fire Code’s 300 foot separation
distance for assembly, educational, and institutional buildings to all protected uses, including residences.
In terms of standard setback distances, 30 (approximately 62.5%) of the 48 municipalities surveyed have
setback distances that are 600 feet or less, while 18 (37.5%) have setback distances that are greater than 600
feet. Of those that are greater than 600 feet, the most common setback distance is 1,000 feet. As outlined
above, the method of measuring the setback distance can have an influence on the true separation distance.
City of Denton Staff conducted a survey of setback distances during August 2018, and were able to collect
information from 38 municipalities in the Dallas Fort-Worth metroplex. On a per city basis, 27
(approximately 81%) of the municipalities in the staff survey have setback distances that are 600 feet or
less, while 11 (approximately 19%) have setbacks greater than 600 feet. The most common setback
distance for cities in the “greater than 600 feet” category is 1,000 feet (73%), and one city within this group
has a setback distance exceeding 1,000 feet (Flower Mound; 1,500 feet).
Legal Risk Analysis on Gas Well Setbacks
At a previous Council meeting, Mr. Ed Soph spoke during Public Comment regarding the Gas Well
Ordinance’s setback and reverse setback provisions. He inquired as to why the distances in the original
draft Gas Well Ordinance amendments were decreased shortly before the Ordinance amendments were
adopted. Mr. Soph is correct that this occurred, and the reasons why these setbacks were decreased are
discussed below.
House Bill 40
The first draft of the proposed Gas Well Ordinance amendments was revealed before the Texas Legislature
passed House Bill 40 (“HB 40”). HB 40 was adopted in reaction to the Frac Ban Ordinance that Denton
citizens approved at a November, 2014 election. The Legislature reacted to the Frac Ban Ordinance by
adopting HB 40. HB 40 was the Legislature’s pronouncement that the State of Texas, and not Texas cities,
has exclusive jurisdiction over the regulation of oil and gas operations. Most of the regulatory authority
exercised by Texas cities, including Denton, was stripped away. Despite this, the Texas Municipal League
was able to successfully lobby the Legislature to provide cities with limited regulatory authority, provided
that such city regulations meet a strict four-part test. In summary, (1) municipalities can only regulate
activities of oil and gas operations that occur at or above the surface of the ground, including a regulation
governing fire and emergency response, traffic, lights, noise, imposing notice, or reasonable setback
requirements; (2) regulations must not effectively prohibit any operations; (3) regulations must not be
otherwise preempted by state or federal law; and (4) regulations must be “commercially reasonable”1. If
Council desires to propose amendments to the 2015 version of the Gas Well Ordinance, each proposed
amendment must meet all 4 parts of the test. This raises the question as to what areas may the City regulate
if Council chooses to amend the Gas Well Ordinance.
While the example areas of regulation described in part 1 of the test above is not an all-inclusive
list, it does provide an idea of the subject matter areas the Texas Legislature believes a City can regulate,
assuming the other three factors are met. These example areas relate to the traditional areas a City regulates
under its health, safety and general welfare authority. Even so, these traditional areas would still have to
meet the 4 part test. Also, please note that the list does not include any of the equipment or processes used
by an oil and gas operation (e.g., storage tanks, drilling equipment, lift compressors, glycol dehydrators,
gathering lines, frac ponds, etc.). Moreover, the State, through TCEQ and RRC, already have regulations
that cover many operational aspects of an oil and gas regulation that could be considered as preempted
under part 3 of the above test. In the past, many Texas citi es, including Denton, contained regulations that
were already addressed by TCEQ and RRC regulations. In many cases, cities had regulations that greatly
1 “Commercially reasonable” is defined by HB 40 “as a condition that would allow a reasonably prudent operator to fully,
effectively, and economically exploit, develop, produce, process, and transport oil and gas, as determined based on the objec tive
standard of a reasonably prudent operator and not on an individualized assessment of an actual operator's capacity to act.” Please
note the italicized portion arguably includes a City’s assessment as to whether an oil and gas operator can comply with a par ticular
regulatory requirement.
increased what was required in TCEQ and RRC regulations, and in some cases nullified what was allowed
by TCEQ and RRC (e.g., disposal well prohibition).
Setbacks
City Staff, together with in-house City attorneys and outside legal counsel, compared the initial draft of the
Gas Well Ordinance amendments with HB 40’s four-part test. Many ordinance provisions were
recommended for deletion or revision to satisfy HB 40. One of the provisions were the setbacks to Protected
Uses that new and existing oil and gas well pad sites were required to meet. HB 40 allows a city to impose
“reasonable setbacks”, but this term is not defined in the bill. During one of the 2015 Legislative Committee
meetings concerning HB 40, there was one legislator from a West Texas city who believed that 1,000 feet
was a reasonable setback for cities to use. Aside from this Legislator’s statement, no one else proffered a
reasonable setback distance.
City Staff and the City’s attorneys analyzed a 1,000-foot setback based on the number and location of
existing gas well pad sites, together with the residential housing growth tre nds within the City. Then they
analyzed the proposed 1,000-foot setback against HB 40’s four-part test. Finally, they analyzed the legal
risk of a federal and state constitutional “Takings Claim”. The recommendation was for new gas well pad
sites to meet a 1,000-foot setback from Protected Uses. Existing gas well pad sites were recommended to
meet lower setbacks distances for each new well they drilled on the existing site. Since many existing gas
well pad sites were encroached by Protected Uses, a higher setback could violate parts 3 and 4 of the HB
40 test, as well as increase the risk of a “Takings” claim. A majority of Council agreed with these
recommendations and adopted them as part of the 2015 Gas Well Ordinance amendments.
Reverse Setbacks
Reverse setbacks only apply to Protected Uses when they encroach upon existing gas well pad sites. In the
last few years, there has been very little drilling activity within the City, but much growth in new residential
subdivision construction. In several cases, these new residential subdivisions have encroached upon
existing gas well pad sites. HB 40 did not address residential subdivisions encroaching upon existing gas
well pad sites. Thus, some Denton citizens called for increasing the current reverse setback distance to
1,000 feet or greater.
Even though HB 40 did not address, and does not apply to, reverse setbacks, there are still legal risks
associated with increasing the reverse setback distance higher than 250 feet. Currently, a 250-foot ring is
measured around the boundary of an existing gas well pad site. A surface developer cannot develop any
residential lots or homes within the 250-foot ring. Increasing the ring outward to 1,000 feet yields a higher
acreage amount of unbuildable land. As a result, property owners of large tracts of land, real estate
professionals, and builders voiced their opposition during public hearings and via emails to increasing the
reverse setback distance beyond 250 feet. They claimed that large reverse setbacks would prevent them
from developing their land to construct residential subdivisions. Several claimed in public that increasing
the reverse setback would make a greater case for a federal and state constitutional “Takings” claims against
the City. After further legal analysis, the City’s attorneys recommended that the reverse setback remain at
250 feet. A majority of Council agreed and adopted a 250-foot reverse setback as part of the 2015 Gas Well
Ordinance amendments. The risks associated with mandating larger distances for reverse setbacks include
litigation and risks for legislative preemption, which would likely be driven by real estate, development,
land owner, and mineral interests.
Takings Claim
As was alluded in the above Setback and Reverse Setback sections, if Council were to increase setbacks
and/or reserve setbacks, the City is vulnerable to takings claims, from both mineral operators and real estate
developers.
As a brief overview, both the 5th Amendment to the U.S. Constitution and Article I, Section 17 of the Texas
Constitution prohibit the governmental taking of private property without just compensation being paid to
the landowner. Typically, if the property necessary for a public project cannot be obtained by agreement,
the condemning entity will file an eminent domain (also called condemnation) lawsuit against the
landowner. The lawsuit results in the determination of the amount of just compensation owed to the
landowner for the taking and the property interest vesting in the condemnor. However, where the
government fails to bring a condemnation lawsuit before taking the property, the landowner may file an
“inverse condemnation” lawsuit against the government. Such a lawsuit is allowed (i) where the
government has actually taken possession of the property and (ii) where the government has effectively
damaged or rendered the property useless through regulation. A “regulatory taking” occurs when a
regulation, or ordinance, “goes too far” and destroys the value of private property. The Texas Supreme
Court has held that a regulatory taking is “tantamount to depriving [the landowner] of the land
itself.”2 When determining if a regulation rises to the level of a regulatory taking, the U.S. Supreme Court
held that “[t]he economic impact of the regulation on the [landowner] and, particularly, the extent to which
the regulation has interfered with distinct investment-backed expectations are, of course, relevant
considerations.”3 During the 2015 discussions of setback distances, developers in the area threatened
inverse condemnation lawsuits should the setbacks be changed to what they considered “too high” and that
such changes would greatly devalue their properties.
Should Council consider increasing reverse setbacks, Council can expect real estate developers and
landowners to threaten regulatory taking inverse condemnation claims again. Their argument will be that
the increased setback renders additional acreage of potential developable land useless. As an example,
setbacks at 1,000 feet equals approximately 72 acres. This would greatly impact planned developments
around the City if no habitable structure could be built within 72 acres surrounding gas well. Compensation
would be determined through appraiser testimony about the value of the lost acreage.
Should Council consider increasing setbacks on newly drilled wells, gas well developers will most likely
make similar claims. Using the example above, they would need 72 acres of undeveloped land in order to
drill a new well. Further, we would expect them to argue that local control should be preempted by the
State. House Bill 40, passed to nullify Denton’s fracing ban, expressly preempted most local control over
oil and gas operations. Should setbacks be increased, the gas development companies will likely seek a
similar bill overturning Council’s decision. It is possible that builders and real estate developers lobbies
would join in the petition to the legislature for similar protections.
During Council discussions last fall about setbacks, it was inquired whether the action to increase setbacks
could avoid regulatory taking claims if the action was taken in the interest of public health and
safety. Generally, there is not a “taking” where the government abates a nuisance.4 However, a “nuisance
in fact” is a condition that “endangers the public health, public safety, public welfare, or offends the public
morals.”5 Additionally, the Texas Supreme Court has long held that a governmental entity cannot declare
something a nuisance, or detrimental to public health and safety, which is not in fact a nuisance.6 The City
would be faced with proving that the gas wells present a public health and safety issue up to the extended
setback line. To prove this, expert scientific testimony will be necessary to show hazards up to the point of
the setback. Studies previously performed in other states will not be considered reliable evidence because
of the high number of variables and differences between the shale/gas field, atmospheric, and alter native
pollution contribution (such a vehicular traffic) conditions. No existing study within the State directly
answers the setback distance question, much less for this portion of the Barnett Shale, factoring in prevailing
winds and traffic patterns. Therefore, new studies will need to be obtained, knowing the developers will
2 Sheffield Develop. Co., Inc. v. City of Glenn Heights, 140 S.W.3d 660, 671 (Tex. 2004).
3 Penn Central Transp. Co. v. City of New York, 438 U.S. 104 (1978).
4 City of Dallas v. Stewart, 631 S.W.3d 562, 569 (Tex. 2012).
5 State v. Spartan’s Indus., Inc., 447 S.W.2d 407, 413 (Tex. 1969).
6 City of Houston v. Lurie, 224 S.W.2d 871, 874 (Tex. 1949); Crossman v. City of Galveston, 247 S.W.810, 813 (Tex. 1923).
obtain their own studies most likely directly contrary to the City’s position. Moreover, neither TCEQ nor
RRC will accept a study that was not commissioned by the State, and such a position will likely be
introduced in a lawsuit as against the City.
Even if it was found that the ordinance was passed for public safety, it can still be considered a regulatory
taking where the governmental action is determined to be “unreasonable” considering the following three
factors: (1) the economic impact of the regulation on the landowner; (2) the extent to which the regulation
has interfered with distinct investment-backed expectations; and (3) the character of the governmental
action.7 Using the example above of 1,000 foot setbacks, if a developer owned a 100-acre tract containing
a 3-acre gas well pad in the middle, only 25 acres of that tract may be developed. Developers will claim
this is unreasonable and seek compensation determined through appraiser testimony.
Any increase to the current setbacks/reverse setbacks will be met with resistance, most likely in the form
of takings claims from mineral operators and real estate developers. Moreover, because of Denton’s prior
history with the Texas Legislature, it is very possible that multiple lobby groups would use new increased
setbacks as a basis for the state to take away all local regulation of oil and gas well operations, including
surface issues.
Vested Rights
“Vested Rights” is a term that developers, including gas well operators, commonly use when dealing with
City Staff in connection with their development applications. Specifically, they are referencing Chapter
245 of the Texas Local Government Code. This chapter was adopted b y the Texas Legislature in 1987 to
curb the practice employed by cities of changing the rules of development after developer had filed their
development applications with cities. Such changes increased costs significantly. The legislature agreed.
In essence, Chapter 245 “freezes” the regulations applicable on a development on the day a development
application is filed. Any changes a city makes to its regulations after filing generally do not apply.8 Vested
rights remain intact even if the property/development has changed ownership. There are certain exceptions
to Chapter 245’s general prohibition that appear in Section 245.004, Texas Local Government Code. A
copy of Section 245.004’s exceptions are attached to this AIS report (Exhibit 2).
In Denton, gas well operators have raised the defense of “vested rights”, especially after the 2011 Austin
Court of Appeals decision in Harper Park Two, LP v. City of Austin, TX, 359 S.W.3d 247.9 In this case,
the Court of Appeals held that a “project”, as defined in Chapter 245, is to be construed broadly. Previous
to this decision, most cities, including Denton, construed the term narrowly. In the case of gas wells, the
City of Denton’s position was that each new well constituted a change in the “project” and t hus required
compliance with any new regulations. Per Harper Park Two, gas well operators have argued that each
additional well drilled constituted the same “project”, i.e. gas well development, and thus was “vested”
against any new regulations. In the fall of 2013, the City of Denton sued EagleRidge to determine whose
position was correct.
In the previous decade, EagleRidge’s predecessor had developed two gas well pad sites around the Bonnie
Brae and Vintage Boulevard area. After the pad sites were established, the construction of the Meadows at
Hickory Creek residential subdivision commenced. Over time, homes were built in close proximity to both
of EagleRidge’s pad sites. In the fall of 2013, EagleRidge decided to drill additional gas wells to the north
and south of Meadows at Hickory Creek subdivision. The City claimed that EagleRidge’s new wells
7 Comunidad Balboa, LLC v. City of Nassau Bay, 402 S.W.3d 479, 484 (Tex. App.—Houston [14th Dist.] 2013, pet.
denied)(citing Penn Central, 438 U.S. 104).
8 On the other hand, a developer is allowed to choose regulations adopted after the filing of his application without losing hi s
“vested rights” protection.
9 The City of Austin appealed the Court of Appeals decision to the Texas Supreme Court. However, Au stin’s appeal was
denied.
violated the then 1,200 foot setback. These new wells expanded the original “project” and thus EagleRidge
must comply with the new setback standard; i.e. a narrow vested rights interpretation. EagleRidge claimed
that the “project” had not changed since it was continuing to develop its gas well development; i.e. a broad
vested rights interpretation. When EagleRidge refused to comply, the Council authorized the City
Attorney’s Office to file a lawsuit to obtain a court injunction requiring EagleRidge to comply with the
City’s 1,200 foot setback requirement.
The first step in the court process was to obtain a Temporary Restraining Order (“TRO”) against
EagleRidge. The Court scheduled a hearing to listen to each party’s legal arguments. At this hearing,
EagleRidge’s attorney explained to the Court the basis for their “vested rights” argument. EagleRidge’s
City-approved Gas Well Development Plat contained a plat note that indicated the number of wells to be
drilled at each pad site would depend on how successful it was in developing the mineral estate. In addition,
each pad site had a City-issued Gas Well Permit that approved one or more wells to be drilled and produced
at each gas well pad site. Finally, the definition of a Gas Well Permit was defined as City-authorization to
drill and produce one or more wells. In essence, EagleRidge was pre-approved by the City to drill as many
wells as it could do so under State rules. Plus, such authorization was consistent with Harper Park Two’s
broad interpretation of the “vested rights” rule. The District Court did not need to address the City’s 2013
Gas Well Ordinance’s 1,200-foot setback requirement. Thus, the City’s TRO request was declined.
City Staff estimates that a significant percentage of all Gas Well Development Plats and associated Gas
Well Permits issued prior to 2010 contain the same/similar plat note and Gas Well Permit language. In
essence, gas well operators will continue to argue that it does not matter what amendments the City makes
to its Gas Well Ordinance. They will still be vested in the old rules.
How are Vested Rights Determined?
On December 4, 2012, the City Council adopted Ordinance No. 2012 -335. This ordinance amended the
2002 Denton Development Code by creating a process for any developer to assert to the City that he
possesses “vested rights” in connection with their development application. The following is a general
overview of the process a developer is to follow to obtain a determination that he possesses a vested right.
If a Developer believes that he has obtained a vested right under Chapter 245 of the Texas Local
Government Code, he must file a petition explaining the factual and legal bases upon which the developer
relies to support his contention that he has a particular vested right, and as a result is exempt from, or not
subject to, a particular City order, regulation, ordinance, rule or other requirement that would otherwise be
applicable to the developer’s property.
The petition is submitted to the Director of Development Services to determine if the application is
administratively complete.10 If it is, then the Director shall forward it to the City Manager and City Attorney
to review and make a final determination as to whether the developer has a vested right. The City Manager,
in consultation with the City Attorney, shall render a final written determination within 30 days from the
date the Director of Development Services determines the petition to be administratively complete. If the
City Manager denies the petition, the developer may appeal his decision to the Zoning Board of Adjustment.
The above-described process is also applicable to gas wells. For example, suppose a gas well development
plat and gas well permit were approved by the City in 2002. The gas well operator constructed the gas well
pad site and drilled one well. Several years later the gas well operator wishes to drill two more wells.
However, the City amended its gas well ordinance after 2002 but before the gas well operator desires to
drill two new wells. The gas well operator can submit a petition, per the process described above, to
determine whether the operator possesses vested rights as to certain requirements in the new gas well
10 “Administratively complete” means to determine whether all required technical criteria have been included in the petition. I f
not, then the application is returned to the developer to correct and re-submit within 45 days of the original filing date.
ordinance. The decision to approve or deny will depend on what requirements the gas well operator is
asserting are not applicable.
Development issues
The City has record of approximately 360 gas well development plats that date back to 2001, a few of which
pre-date any version of a gas well ordinance. These development plats typically showed the location and
access route to one or more pad sites. Although the plats often showed a proposed location for a set number
of wells, there were often statements on the plats indicating that more wells may be drilled in the future if
the proposed wells are productive. These development plats may be considered vesting documents, so the
setbacks in place at the time of platting could be applicable to a specific pad site in lieu of today’s
requirements. These production site setbacks have ranged over time from 500 feet in earlier ordinances to
1,000 feet under the 2015 ordinance.
Gas well sites that have been platted are considered “existing” under the 2015 ordinance even if the pad site
does not physically exist on the ground today. However, if an operator seeks to drill more wells than what
was approved on the gas well plat, then the site would become applicable to the 2015 gas well ordinance.
The production site setback for existing sites is 250 feet within industrial zoning districts and 500 feet in all
other districts; the reverse setback applicable to existing sites is 250 feet. These setbacks under the 2015
ordinance would be applicable for an already platted site that is seeking to add additional wells. New gas
well regulations would be most impactful to either new gas well sites, existing sites that are seeking to
expand the number of wells, or to developing Protected Uses to which reverse setbacks apply. If a Protected
Use is already platted, then that use may be able to claim vesting under a prior ordinance; otherwise, any
new reverse setback regulations would apply.
Notification and Disclosure Requirements
Gas well operator notification requirements
Per ordinance 2015-233, the Operator is required to follow a series of public notification steps. The types
of notifications are summarized below:
Written Notifications
At least 20 days prior to filing a Gas Well Development Site Plan application, notify each surface
property owner within 1,000 feet of the site by US mail.
At least 20 days prior to filing a Gas Well Development Site Plan application, publish a notice in
the Denton Record Chronicle for 10 consecutive days.
No later than five days after filing a Gas Well Development Site Plan application, place a sign of no
less than three feet by three feet in size at the proposed location.
For activities that include drilling, completing or re-completing, plugging and abandonment (P&A),
activity that requires removal of the wellhead, or seismic exploration not involving explosive
charges, the operator is required to provide written notice to all dwellings within 1,000 feet of
the boundary of the site between 10-30 days from the start of the activities. This notification is
sent through the US mail.
Signage
A sign must be posted at the entrance of the site when the operator will be drilling, completing or
re-completing, P&A, or any other activity that requires removal of the wellhead. The sign must
include the date and time activities begin, and 24-hour contact information.
A sign shall be displayed on each side of the fence surrounding the si te notifying the public that it
is a gas well drilling and production site with site specific information and safety notices.
Emergency Notification
Immediate notification to the City of fires, blowouts, release of hazardous materials, injury, or other
incident outside normal operating procedures.
Land developer notification requirements
For a Plat that proposes single- or multi-family residential lots that will be within 1,000 feet of one or more
Drilling and Production Sites, except for those Drilling and Production Sites and their subsurface mineral
interests which are eliminated through plugging and abandonment, the Developer shall be required to
provide all of the following disclosure notifications to all lot purchasers as summarized below:
A note shall be placed on the Plat identifying the site and those proposed lots that are within 1,000
feet of the site. The note includes a statement that advises lot purchasers of the existence of
producing wells on the site and the potential that new wells that may be drilled and fracture
stimulated on the site, as well as the possibility that the site may be re-drilled and/or re-fractured in
the future.
There shall be depicted on the Plat, and on a lot survey submitted as part of a building permit
application, the location of the Drilling and Production Site(s) in relation to the lots that are within
1,000 feet of a Drilling and Production Site(s).
Include a provision in the Declaration of Restrictive Covenants that advises lot purchasers of the
existence of producing wells on the site.
A Notice document that advises lot purchasers of the existence of producing wells on the drilling
sites that is recorded with the Denton County Clerk’s Office.
Additional information provided on the City’s website
Per the Ordinance, in addition to mailing written notices to all dwellings within 1,000 feet of the boundary
of the site between 10-30 days from the start of the activities, operators are required to report Notice of
Activities to the City for inspection. Activities that require reporting to the City are Site Preparation,
Drilling, Completion, Rework/Workover, Setting Surface Casing, and General Maintenance. Once the City
receives notification, the notice is posted in the “Notification of Gas Well Activity” portal that is found on
the Gas Well Inspections page of the City’s website. A new function was recently added to this portal
allowing residents to sign-up for e-mail notifications when a notice is posted through this portal.
Also found on the Gas Well Inspections page is a tool created by staff and revised in spring 2018 called the
“Gas Well Locator Map” which shows the location of all gas wells. Once inside the map, users can type
in their address and choose a search radius to find out how many gas well sites are in the vicinity. The map
also provides information on an individual-well basis, including operator info, permits issued, status of the
well, and reports from inspections performed by the City and its contractor. Staff has also added videos
demonstrating the various resources and features on the Gas Well Inspections website page and an overview
of what the Gas Well Inspections Division does.
Emergency Notifications
Residents are encouraged to sign up for the City of Denton’s CodeRed system. In addition to notifying the
public during severe weather updates and other emergencies, staff is able to utilize this system in case of a
gas well emergency. In the event of a gas well emergency, staff is able to identify the well site on the map
and capture anyone signed up for CodeRed within a specified boundary. Public Safety can send out the
necessary information to the residents directly affected.
Legal Considerations regarding notifications
In previous discussions, City Council Members have asked whether or not the City could require operators
and developers to provide notice to residents beyond 1,000 feet of a gas well site. Staff believes that the
City could not impose additional notification requirements on operators or developers by local ordinance
under the current state legislation.
Study to Evaluate Gas Well setback distances for the City of Denton
One of the most comprehensive studies specific to potential public health impacts due to emissions of
compounds leaving gas well sites within the Barnett Shale was commissioned by the City of Fort Worth in
2010 through 2011. The specific goal of this study was to evaluate whether the 600 -foot setback from
protected uses established by the City of Fort Worth was adequate for protecting public health. The City
of Fort Worth selected the Eastern Research Group (“ERG”) to conduct this study. ERG began the study
during August 2010 and provided a final report approximately 1 year later. Results of the study indicated
that the 600-foot setback used by the City of Fort Worth was protective of public health according to the
parameters used by the ERG to evaluate public health impacts. Although the study had some critics, the
information was subsequently used by several other cities as a basis for setback distances, and today the
600-foot setback remains the most common setback distance used within the Dallas – Fort Worth
Metroplex.
The ERG study offers a framework for partially addressing the council request. However, the study
conducted by ERG for the City of Ft. Worth was designed to determine if an established distance (600 feet)
was sufficient for protecting public health. The current council request appears to be to facilitate research
to determine “what is a safe setback distance”, which is a much more difficult issue to address since a
defined distance is not implicit. With this in mind, the basic design of the ERG study is still valid for
addressing the research request, but substantially more work will be needed to consider multiple distances.
Using the ERG study as a framework, staff suggests the following approach:
1. Complete ambient air monitoring and associated research to establish a baseline. Complete ambient
air monitoring to determine the prevalence and magnitude of specific compounds in ambient air and
complete an assessment of other potential sources of emissions in proximity to gas wells. The City
of Fort Worth established 8 monitoring sites to assess ambient air quality, and measurements were
taken over a two-month period. Information obtained from this ambient air monitoring network
was used to provide context for point source sampling and analysis efforts, characterize exposure to
selected air toxics in ambient air at various locations in the city, establish concentrations of air toxics
(such as benzene) present in the ambient air in the area, and as a component of the subsequent public
health evaluation. Analyses of other potential sources of emissions unrelated to gas wells will help
in sample collection design and ensure that quantified emissions can be defensibly demonstrated to
be from gas well pad sites.
2. Complete a point source emissions study to characterize emissions from natural gas-related point
sources located within the City of Denton. Data collected during this phase can be used to derive
total emissions profiles for each point source site. This point source testing must be comprehensive,
since emissions at any individual site can fluctuate depending on day-to-day operating and
equipment conditions. The variation in emissions over the entire population must be captured to
determine the likely range of emission profiles, and the sampling will need to be done for multiple
distances.
3. Use accepted, defensible analytical methods to perform monitoring. Analyze volatile organic
compounds (VOCs) using established protocols, which include the Environmental Protection
Agency’s (EPA' s) method TO-15, Carbonyl compounds identified by EPA' s method TO-11A
(including formaldehyde), speciated non-methane organic compounds (SNMOC), as identified by
ERG/SNMOC Analysis Method, and Methane as identified by EPA' s method TO-14. This
approach will provide information for over 130 compounds, including 45 hazardous air pollutants
such as benzene, ethylbenzene, toluene, and xylenes (BTEX compounds), formaldehyde, and
acetaldehyde. It may also be advisable to consider newer passive methods for that use sorbent tube
technologies such as EPA method TO-17 and /or method 325A. From a public health standpoint,
concentrations of benzene should be of primary importance.
4. Complete air dispersion modeling. The results of elements 1-3 can be used to complete air
dispersion modeling to quantify downwind impacts from natural gas activities using the latest EPA-
approved models and methodologies. This information can then be used to determine worst case
exposure scenarios and to determine the adequacy of various setback distances within the framework
of a public health evaluation.
5. Use defensible and widely accepted heath-based screening levels for public health evaluation.
Complete a public health evaluation by comparing the ambient air monitoring data and the
dispersion modeling results to the Texas Commission on Environmental Quality (TCEQ) health-
based screening levels with respect to distances from pad sites. Evaluations should include both
Effects Screening Levels (ESLs) and Air Monitoring Comparison Values (AMCVs). The TCEQ has
developed separate ESLs for short-term and long-term exposure durations, where short-term values
are typically used for assessing 1 -hour average concentrations and long-term values are typically
used for assessing annual average concentrations. Although ESLs are not regulatory standards, they
are often used to interpret potential exposures to air pollution predicted by models. The TCEQ
interprets ESLs as follows: “If predicted airborne levels of a constituent do not exceed ESLs, adverse
health or welfare effects are not expected. If predicted ambient levels of constituents in air exceed
the screening levels, it does not necessarily indicate a problem but rather triggers a review in more
depth.” Air Monitoring Comparison Values (AMCVs) are pollutant-specific ambient air
concentrations that the agency has established to protect human health and welfare. In contrast to
ESLs, which are primarily used when evaluating air pollution levels predicted by models, AMCVs
are used when conducting health screening evaluations of air monitoring data. Depending on the
sampling results, it is possible that Texas Risk Reduction Program’s risk based exposure levels
(RBELs) for residential inhalation may also need to be considered.
Staff obtained information on the ERG study via discussions with the City of Fort Worth staff member that
was the project manager for the study. The Fort Worth ERG study was completed in approximately 1 year,
and the total cost was $1,052,448. However, the study included a $45,254 component for communication
and outreach that could possibly be excluded, bringing the costs to $1,007,194 in 2010 dollars. Although
the City of Denton has fewer gas well pad sites than the City of Fort Worth, the request for the Denton
study is to determine a specific public-health-based setback distance, whereas the City of Fort Worth study
was designed to determine if a single distance (600 feet) was protective of public health. As a result, the
City of Denton study will require substantially more sampling, analytical, and modeling work. Applying a
5% per year increase to the 2010 ERG study amount of $1,007,194 indicates that the cost of the ERG study
would be approximately $1.65 million in 2019. Considering the more extensive nature of the Denton study
as proposed, it is not unreasonable to expect the study to be in the 2 million dollar range, and to take perhaps
1.5 to 2.5 years to complete. It is also worth noting that while the proposed health -based screening levels
are derived from the TCEQ and the proposed methods used are supported by the EPA, if exceedences of
standards are observed the TCEQ is unlikely to accept those results without additional monitoring and
evaluations being performed directly by the TCEQ itself.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Gas well ordinances have had many actions over the years. Staff believes that the most thorough
accounting of these actions is found in the Agenda Information Sheet associated with the adoption of the
2015 gas well ordinance (Ordinance 2015-233) on August 4, 2015. The “Prior Action / Review” section
of that AIS is included herein for reference.
On December 16, 2014, the City Council and P&Z held a joint Public Hearing concerning ordinance
amendments to Subchapters 5, 7, 16, and 22 of the Denton Development Code. City Council continued
the public hearing to their January 6, 2015 meeting and P&Z closed their public hearing, but delayed
action as an Item for Individual Consideration.
On January 6, 2015, City Council voted 6-0 to continue the public hearing for DCA14-0009 to their next
meeting.
On January 7, 2015, P&Z voted 7-0 to delay action on the Item for Individual Consideration of DCA14-
0009 until their next meeting.
On January 13, 2015, City Council voted 7-0 to continue the public hearing for DCA14-0009 to an event
certain, which is the meeting following receipt of a recommendation report from P&Z.
On January 21, 2015, P&Z voted 7-0 to delay action on the Item for Individual Consideration of DCA14-
0009 until their next meeting.
On February 4, 2015, P&Z voted 4-3 to recommend DENIAL of DCA14-0009, as presented.
On February 17, 2015, City Council voted 7-0 to continue the public hearing for DCA14-0009 to March
3, 2015.
On March 3, 2015, City Council voted 7-0 to continue the public hearing for DCA14-0009 to March 24,
2015.
On March 24, 2015, City Council voted 7-0 to continue the public hearing for DCA14-0009 to April 7,
2015.
On April 7, 2015, City Council voted 7-0 to continue the public hearing for DCA14-0009 to April 14,
2015.
On April 14, 2015, City Council voted 7-0 to continue the public hearing for DCA14-0009 to June 16,
2015.
On June 16, 2015, City Council voted 6-1 to remand DCA14-0009 back to P&Z for a public hearing on
July 22, 2015.
On July 22, 2015, P&Z voted 7-0 to recommend APPROVAL of DCA14-0009, with amendments.
On July 28, 2015, City Council voted (7-0) to close the public hearing for DCA14-0009 and continued
action to August 4, 2015.
On August 4, 2015, City Council approved Ordinance 2015-233.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Texas Local Government Code, Section 245.004’s exceptions
Exhibit 3: Presentation
Respectfully submitted:
Kenneth Banks, 349-7165
General Manager of Utilities
Prepared by:
Kenneth Banks, General Manager of Utilities
Aaron Leal, City Attorney
Hayley Zagurski, Senior Planner
Gas Well Presentation
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19-1600 JULY 16, 2019 2
A setback is the distance between
an existing protected use and a new
gas well site
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A reverse setback is the minimum
distance that a new protected use
or residential subdivision must be
separated from an approved Drilling
and production site
19-1600 JULY 16, 2019 4
International Fire Code –300 ft
from flammable or combustible
liquid or gas
Denton Setback Summary
Ordinance Restrictions for drilling and production by right Protected
Use*Setback
Reverse Setback
2001-465 Agriculture and Industrial Zoning Districts 500 ft.Not applicable
2002-040 RD-5,RC,NR-1,NR-2,RCC-N,RCC-D,EC-C,EC-I,IC-E,and IC-G Zones 500 ft.Not applicable
2004-059 RD-5,RC,NR-1,NR-2,RCC-N,RCC-D,EC-C,EC-I,IC-E,and IC-G Zones 500 ft.Not applicable
2005-223 RD-5,RC,NR-1,NR-2,RCC-N,RCC-D,EC-C,EC-I,IC-E,and IC-G Zones 500 ft.Not applicable
2010-181 Protected Uses*1,000 ft.Not applicable
2010-196 Protected Uses*1,000 ft.250 ft.
2013-014 Protected Uses*1,200 ft.250 ft.**
2015-133 Protected Uses*1,000 ft.***250 ft.
* The term “protected use” was introduced in the 2010-181 ordinance. Prior to this, protections for similar uses was based on fire code definitions of residential structure, place of assembly, institution,
or school. A protected use was defined in 2010-181 as “Any residence, church, public park, public library, hospital, or school”, and 2010-181 defined a “residence” as “a home, abode, or place where an
individual is actually living at a specific point in time. A structure or part of a structure containing dwelling units or rooming units, including single-family or two-family houses, multi-family dwellings,
boarding or rooming houses, elderly living facilities, apartments, or dormitories”.
**Measurements for reverse setbacks were modified to include both measurements of gas well site plan boundary to closest exterior point of any structure occupied by a protected use or, in the case of
a proposed residential subdivision plat, the distance from the boundary of the gas well development site plan / boundary of the site to the closest lot line of any undeveloped lot within a previously
platted residential subdivision where 1 or more lots have 1 or more structures.
*** Only for new drilling sites. Existing sites have a 500 ft. setback from protected uses.
19-1600 JULY 16, 2019 5
Setback Distances:
Tarrant and Denton Counties
Fry et al: 48 municipalities surveyed
Setbacks: 30 municipalities (62.5%) are 600 ft. or
less; 18 (37.5%) are greater than 600ft. Most
common setback greater than 600 ft. is 1000 ft.
9 have reverse setbacks
5 municipalities (56%) have reverse setbacks of 250
ft. or less, and 4 (44%) have greater than 250 ft.
Measurement methods are important. “Wellhead
to wall” vs. “equipment to wall” vs. “site boundary
to wall or additional boundary”
Denton staff survey of 38 DFW municipalities
27 (81%) have setback distances that are 600 ft. or
less; 11 (19%) greater than 600 ft.
Most common setback greater than 600 ft. is
1,000 ft.
One city has a setback distance exceeding 1,000 ft.
(Flower Mound; 1,500 ft).
From Fry et. al., (2017). Suburbanization and shale gas wells: Patterns,
planning perspectives, and reverse setback policies. Landscape and Urban
Planning 168:9–21.
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Risk Analysis: Land Use
Setback distance interactive map
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250 ft
(Base No.)
500 ft 600 ft 1000 ft 1500 ft
Impacted
Acreage
1,809.61 2,630.79 3,858.14 8,879.09 14,821.04
Cost at
70k / acre $126,672,841 $184,155,502 $270,069,579 $621,536,644 $1,037,473,024
Costs at
80k / acre $144,768,962 $210,463,431 $308,650,947 $710,327,593 $1,185,683,456
Parcels
affected
573 888 1,366 3,892 7,432
Legal Risk Analysis
Four areas to consider in deciding to increase regular/reverse setbacks
House Bill 40
Federal/State “Takings” Claims
Vested Rights
Legislative Preemption
19-1600 JULY 16, 2019 8
House Bill 40
TX Legislature’s pronouncement that State has exclusive jurisdiction over
oil and gas operations
Gave cities limited authority to regulate activities related to oil and gas
operations under a strict 4-part test
1.Activities that occur at or above the surface, such as fire and emergency response, traffic,
lights, noise, imposing notice or reasonable setback requirements;
2.Must not effectively prohibit any operations;
3.Must not be preempted by federal or state law; and
4.Must be commercially reasonable.
Reasonable setbacks not defined
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House Bill 40
Setbacks
1,000 feet for new pad sites –based on legislator’s testimony
250 feet for existing pad sites –many encroached upon by Protected Uses
A higher setback would likely violate parts 2 and 4 of the HB 40 test
Reverse Setbacks
HB 40 does not apply to reverse setbacks
However, increasing the setback from 250 feet to 500, 1000, or 1500 feet increases the likelihood of a
federal and state “takings” claim
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Takings Claims
Government is prohibited from “taking” private property without paying
landowner just compensation
Normally, cities file condemnation lawsuits to obtain property for a public
purpose
A city may indirectly take someone’s property without payment via a
regulation; a “regulatory taking”
A regulatory taking occurs when a regulation destroys the value of private
property or deprives the landowner of the land itself
Inverse condemnation lawsuit
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Takings Claims
2015 Gas Well Ordinance Amendments
Reverse Setbacks
Real estate community and landowners raised a takings claim against the proposed 500
foot reverse setback
Argument was that increased reverse setback rendered a large portion of their land
useless.
The reverse setback remained at 250 feet
Setbacks
1000 foot setback for new pad sites based on legislator’s testimony, down from 1200’
250 foot setback for existing pad sites
Most existing pad sites encroached by Protected Uses, i.e. residential subdivisions
Increasing the setback increases a potential takings claim, as well as violate parts 2 and 4 of HB 40
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Takings Claims
A legal defense to a takings claim is that the regulation was passed in the
interest of public health and safety to abate a nuisance.
City must prove that the nuisance endangers the public health, safety, and
welfare
City cannot declare something to be a nuisance; must prove that gas wells
present a public health and safety issue up to the extended setback line
Scientific evidence will be necessary
Gas well operators and real estate interests will counter with contrary studies
Neither TCEQ nor RRC will accept a study not commissioned by the State
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Takings Claims
Even if the City’s defense prevails, it may still end up paying the landowner or
gas operator if the city’s increased setback is deemed unreasonable
The higher the setback/reverse setback, the more likely the City’s action
will be deemed unreasonable
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Vested Rights
1987-Legislature passed a vested rights law to curb practice of cities
changing the rules of development after applications had been filed
Chapter 245 “freezes” the rules of development on the day a development
app is filed
Any changes made after filing do not apply, unless the developer wishes to
accept them
Vested rights remain intact even if the property has changed legal ownership
There are certain exceptions to Chapter 245, attached to the AIS
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Vested Rights
Vested rights became an issue in Denton after the Austin Court of Appeals’
decision in Harper Park Two vs. City of Austin
Narrow vs. Broad interpretation of “project”
Harper Park Two adopted a broad interpretation of “project”
In Denton, the City had applied a narrow interpretation
Ex. any new well is a change in “project”
Gas Well Operators argued a broad interpretation
Ex. additional wells is a continuation of the “project”
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Vested Rights
Fall 2013, Meadows at Hickory Creek
ER’s predecessor constructed 2 gas well pad sites last decade
After pad sites were constructed, home construction began and
encroached upon the two pad sites
Fall of 2013, ER commenced drilling and fracing new wells at both pad
sites
City notified ER that new wells violated the City’s 1200 foot setback and
expanded the original “project” (Narrow interpretation)
ER claimed “project” had not changed; it was continuing development
(Broad interpretation)
Council authorized City Attorney to file a lawsuit
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Vested Rights
Court scheduled a TRO hearing
ER’s vested rights legal argument
City-approved GWD plat contained a plat note that indicated number of
wells to be drilled depended on success of developing the mineral estate
City-issued GW permit approved “one or more wells” to be drilled at each
pad site
GW Ordinance defined GW permit as “authorization to drill one or more
wells”
In sum, ER could drill as many wells as necessary and its argument was
consistent with Harper Park Two
The District Court agreed and denied the City’s TRO request.
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Vested Rights
City Staff estimates that a significant percentage of all GWD plats and GW
permits issued before 2010 contain the same/similar plat note and GW
permit language
Many of these plats are still in effect
Allows GW operators to continue to argue that they are vested in the old
rules notwithstanding any amendments the City makes
19-1600 JULY 16, 2019 19
Legislative Preemption
The real estate and gas well industries have very strong and influential
lobbies in Austin
Like in 2015, each or both industries can lobby the Legislature to preempt
the City if setbacks and reverse setbacks are increased
Preemption could take the form of:
Amending HB 40 to strip away the City’s ability to regulate
Pass a new bill to preempt the City’s ability to impose a setback greater
than a set distance for developments that encroach upon gas well pad
sites
Governor can call a Special Session at anytime before the next Legislative
Session (2021)
19-1600 JULY 16, 2019 20
Required Notification
Operator Notifications
◦Written Notifications
◦Prior to filing a Gas Well Development Site Plan application, notify each surface property owner within
1,000 feet of the site by US mail
◦For activities that include drilling, completing or re-completing, plugging and abandonment (P&A),
activity that requires removal of the wellhead, or seismic exploration not involving explosive charges,
the operator is required to provide written notice by US mail to all dwellings within 1,000 feet of the
boundary of the site between 10-30 days from the start of the activities
◦Signage
◦Emergency Notification
Developer Notifications
◦For a Plat that proposes single-or multi-family residential lots that will be within 1,000
feet of one or more Drilling and Production Sites, the Developer is required to provide
disclosure notifications to all lot purchasers as described in ordinance
19-XXXXX JULY 15, 2019 21
Additional communications
19-1600 JULY 16, 2019 22
Gas Well Inspections Website Page
Notification of Gas Well Activity
Gas Well Locator Map
Promoted through two Resident Update
newsletters, quick link on website main page,
and Citizen Connection utility bill insert
Emergency Notification Sign-Up
CodeRed System
Promoted through a quick link on website
main page, social media posts, Resident
Update newsletter, and public safety events
Additional Communications
Social media posts to promote and increase
awareness of online tools
Email notification sign up on web page
Instructional video of how to use the tools on the
Gas Well Inspections Page
Denton Works video describing what the City’s Gas
Well Inspection Division does
19-1600 JULY 16, 2019 23
Gas well setback study
Information concerning a gas well setback study was provided as an Informal Staff Report (ISR Report 2018-
195) on December 21, 2018.
Staff based the ISR on a study conducted by the Eastern Research Group (“ERG”) for the City of Fort Worth in
2010-2011.
The ERG study was only designed to evaluate the 600 foot setback of Fort Worth
Staff suggested the following approach:
Complete ambient air monitoring to establish a baseline
Complete a study to characterize emissions from natural gas point sources.
Use accepted, defensible analytical methods for monitoring (EPA methods)
Complete air dispersion modeling using results
Use defensible health based screening levels for public health evaluations
Staff estimated cost for this study would be roughly 2 million and would take 1.5 to 2.5 years to complete.
If exceedences of standards are observed, the TCEQ is unlikely to accept those results without additional
monitoring and evaluations being performed by the TCEQ itself.
19-1600 JULY 16, 2019 24
Recommendations
This presentation is provided for informational purposes. Staff will be glad to provide
additional information upon request.
19-1600 JULY 16, 2019 25
Questions / Comments
Gas Well Presentation
19-1600 JULY 16, 2019 26
Zoning categories
RD5:Rural Residential: Very low density residential development and agricultural land.
RC:Rural Commercial: Small rural commercial operations.
NR-1:Residential densities in these areas average one home per acre.
NR-2:Residential densities in these areas will average two homes per acre
RCC-N:Regional Center Commercial Neighborhood (RCC-N) Activities including shopping, services, recreation,
employment and institutional facilities. In these areas buildings may reach up to five stories
RCC-D Regional Center Commercial Downtown (RCC-D) Areas of regional commercial activity. Buildings may
reach up to eight stories. Activities including shopping, services, recreation, employment and
institutional facilities.
EC-C:Employment Center Commercial (EC-C). Generally focuses on office and professional businesses
EC-I:Employment Center Industrial (EC-I) Generally there are more light manufacturing and low impact
industrial uses in this land use category when compared to EC-C.
IC-E:Industrial Center Employment (IC-E) Activities such as manufacturing, warehousing and distributing,
indoor and outdoor storage, and a wide range of commercial and industrial operations. Includes hotels,
motels, and recreation facilities.
IC-G:Industrial Center General (IC-G) Contain variety of work processes and employment such as
manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of
commercial and industrial operations
City Council Pending
Requests for Information
City Council Meeting
February 11, 2020
Work Session Process
•Up to seven requests will be reviewed per meeting (one per CouncilMember)
•Staff will introduce each request
•The elected official that made the request will have up to one minuteto describe and justify their request
•Remaining elected officials will then have up to one minute toprovide feedback and indicate their support for the use of staff timeto respond to the request
•Staff will respond to all requests where a consensus of Council isestablished
File ID: 20-005 2
Item 1
•Appropriate zoning/land use incentives for developing areas near cappedgas wells
•Requestor: Council Member Davis
•Council Member Request:Proposal for addition to upcoming work session to considerdensity bonuses or other appropriate zoning/land use incentives for areas madeavailable for development by the capping of existing gas wells.
•Staff Information: On December 10, 2019, Council Member Meltzer presented arequest for a work session regarding the risks and appropriate public protectionsregarding plugged wells as well as facilitating alternative surface uses for landsidelined by setbacks and reverse setbacks. A work session will be scheduled as therequest reached consensus. Staff could be directed to amend the upcoming worksession presentation and materials to include Council Member Davis’s requestedinformation should the request also receive consensus.
•Requested Format for Response: Amend Work Session Request from Council MemberMeltzer from December 10, 2019
File ID: 20-005 3
Item 2
•Produce a Request for Qualifications (RFQ) for a study on the public healthimpacts of gas wells
•Requestor: Council Member Briggs
•Council Member Request:Council Member Briggs requested a discussion to potentially directstaff to engage in the RFQ process for a scientific study relating to gas well setbacks and theassociated health impacts.
•Staff information:The RFQ process would allow staff to identify qualified vendors that canperform a gas well setback and health study. In order to complete an RFQ, this would requirestaff from multiple departments including Environmental Services, the City Manager’s Office,and Purchasing and Procurement; an RFQ would require 30 to 60 staff hours to develop ascope, move through the purchasing process, and evaluate the responses. If completed, theresult would be a better estimate of what a full study of this nature would cost the City. Thatpricing information could then be included in FY21 budget discussions as a Council initiatedSupplemental budget request. There have been two previous Informal Staff Reports andpertinent Work Session backup materials (Exhibit 3) that discuss this process in more detail.
•Requested Format for Response: Supplemental budget request for FY21 consideration
File ID: 20-005 4
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-409,Version:1
AGENDA CAPTION
Deliberations regarding Personnel Matters - Under Texas Government Code Section
551.074.
Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the
City Auditor.
City of Denton Printed on 2/7/2020Page 1 of 1
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-120,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton authorizing a service agreement between the City of
Denton and Friends with Benefits; authorizing the City Manager, or his designee, to execute said agreement;
providing for the expenditure of council contingency funds in an amount not to exceed two hundred dollars
($200); and providing for an effective date.
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
CM/ DCM/ ACM: Sara Hensley
DATE: February 11, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing a service agreement between the City
of Denton and Friends with Benefits; authorizing the City Manager, or his designee, to execute said
agreement; providing for the expenditure of council contingency funds in an amount not to exceed two
hundred dollars ($200); and providing for an effective date.
BACKGROUND
This Agreement allows for the total expenditure of $200 from Council Contingency Funds. (Council
Member Briggs, $200).
Key provisions of the Agreement include:
▪ Funds shall be used by Friends with Benefits (FWB) for the Birthday Scholarship Program, a
partnership between FWB and Cumberland Presbyterian Children’s Home to help the home’s kids
have a happy, exciting birthday, and to help create memories that they will cherish and carry with
them throughout their lives.
▪ In addition to other reporting requirements, documentation in the form of cancelled checks and/or
corresponding receipts specifically detailing expenditure of funds for the purpose provided is
required upon request.
FISCAL INFORMATION
Funding for the Agreement will come from Council Contingency Funds.
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Ordinance and Agreement
Respectfully submitted:
Stuart Birdseye
Assistant to the City Manager
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-308,Version:1
AGENDA CAPTION
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 Reinvestment Fund,Inc.,for an affordable housing assessment for
the City of Denton;providing for the expenditure of funds therefor;and providing an effective date (RFP 7155 -
awarded to Reinvestment Fund, Inc., in the not-to-exceed amount of $99,959).
City of Denton Printed on 2/7/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
CFO: Antonio Puente, Jr.
DATE: February 11, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a contract with Reinvestment Fund, Inc., for an affordable housing
assessment for the City of Denton; providing for the expenditure of funds therefor; and providing an
effective date (RFP 7155 – awarded to Reinvestment Fund, Inc., in the not-to-exceed amount of $99,959).
RFP INFORMATION /BACKGROUND
Council identified and agreed upon affordable housing as one of their top priorities for FY19/20. In the City
of Denton’s Five Year Consolidated Plan for Housing and Community Development, Denton Plan 2030,
and Annual Strategic Plan, the City identified the acquisition, preservation, and/or creation of Affordable
Housing as a key component to solutions for several community strategic goals and initiatives such as:
• Safe, Livable & Family-Friendly Community (KFA-4) by promoting safe, stable housing that in
turn builds financially healthy families and thriving communities.
• Making Homelessness Rare Brief and Nonrecurring by helping people experiencing homelessness
find – and keep – homes.
While the City and its partners continue to look at ways to support affo rdable housing, there is a need to
understand the current and projected housing needs in order to move to the next steps of facilitating goal
setting and policymaking, enhancing collaborative cross-sector partnerships, and determining available
tools to support affordable housing in context of the City of Denton’s unique community profile.
On September 5, 2019, the City of Denton issued a Request for Proposal (RFP) #7155 to solicit proposals
for an affordable housing assessment to include information gathering and analysis necessary to provide a
community profile establishing housing needs by recognizing gaps in existing housing inventory, providing
analysis for future housing needs based on anticipated growth, and identifying funding and capacity
building for identified strategic housing goals.
Requests for Proposals were sent to 354 prospective contractors. In addition, specifications were placed on
the Materials Management website for prospective contractors to download and the bid was advertised in
the local newspaper. Four (4) proposals were received and evaluated based upon published criteria including
project schedule, compliance with scope of work, probable performance, and price. Two proposals received
evaluation scoring with less than one-point difference. Staff then conducted phone interviews on January
9, 2020, with the top two scoring contractors. Based on evaluations Reinvestment Fund was ranked the
highest and was determined to be the best value for the City.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
NIGP Code Used for Solicitation: 918 – Consulting Services
Notifications sent for Solicitation sent in IonWave: 354
Number of Suppliers that viewed Solicitation in IonWave: 17
HUB-Historically Underutilized Business Invitations sent out: 28
SBE-Small Business Enterprise Invitations sent out: 143
Responses from Solicitation: 4
RECOMMENDATION
Award a contract with Reinvestment Fund, Inc., for an affordable housing assessment for the City of Denton
in an amount not-to-exceed $99,959.
PRINCIPAL PLACE OF BUSINESS
Reinvestment Fund, Inc.
Philadelphia, PA
ESTIMATED SCHEDULE OF PROJECT
This project will be started upon approval with a completion date within 150 days.
FISCAL INFORMATION
These services will be funded from CMO Contingency account 160099.7808. Requisition #145362 has
been entered into the Purchasing software system in the amount of $99,959. The budgeted amount for this
item is $99,959.
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: Danielle Shaw, 940-349-7237.
Legal point of contact: Mack Reinwand at 940-349-8333.
Reinvestment Fund, Inc.Fregonese Associates Antero Group LLC Focus Strategies
Philadelphia, PA Portland, OR Denton, TX Walnut, CA
Line #
1 $7,088 $26,345 $4,845 $30,645
2 $46,743 $23,020 $26,335 $43,555
3 $23,858 $23,480 $14,325 $31,010
4 $18,442 $22,000 $21,580 $0
EXP $3,828 $5,000 $35,945 $5,000
$99,959 $99,845 $103,030 $110,210
Line #
1 15.00 15.0 4.50 6.75
2 25.67 25.0 19.80 15.30
3 28.00 27.3 18.00 18.00
4 24.97 25.0 18.82 17.93
93.64 92.33 61.12 57.98
Exhibit 2
RFP 7155 - Pricing Evaluation for Affordable Housing Assessment
Total:
Other Expenses
Respondent's Business Name:
Principal Place of Business (City and State):
Task 1: Work Plan and Preliminary Data Collection
Task 4: Final Products in Prescribed Format
Task 2: Data Analysis Report
Task 3: Resources and Strategy
Description
Total Score:
Description
Project Schedule 15%
Specifications 30%
Probable Performance 30%
Price 25%
ORDINANCE NO. --------
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
REINVESTMENT FUND, INC., FOR AN AFFORDABLE HOUSING ASSESSMENT FOR THE
CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (RFP 7155 -AWARDED TO REINVESTMENT FUND,
INC., IN THE NOT-TO-EXCEED AMOUNT OF $99,959).
WHEREAS, the City has solicited, received, and evaluated competitive proposals an
affordable housing assessment for the City of Denton; and
WHEREAS, the City Manager, or a designated employee, has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER
7155
CONTRACTOR
Reinvestment Fund, Inc.
AMOUNT
$99,959
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals for such items
and agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. That should the City and person submitting approved and accepted items and of
the submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager, or his designated representative, is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted .
SECTION 4. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City ofDenton
under this ordinance to the City Manager of the City ofDenton, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 6 . This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by and
seconded by the ordinance was passed and approved by the
following vote L_-_j:
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 __________ , 2020 .
CHRIS WATTS , MAYOR
ATTEST:
ROSA RIOS , CITY SECRETARY
BY: --------------
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 65011FC7-B76D-4564-B315-093F5819670D
7155RFP
AFFORDABLE HOUSING ASSESSMENT
Yes
Crystal Westbrook
Contract # 7155
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AN THE REINVESTMENT FUND, INC.
(CONTRACT 7155)
THIS CONTRACT is made and entered into this date ______________________, by
and between Reinvestment Fund, Inc. a Pennsylvania corporation, whose address is 1700 Market
Street, 19th Floor, Philadelphia, PA 19103, hereinafter referred to as "Contractor," and the CITY
OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to
be effective upon approval of the Denton City Council and subsequent execution of this Contract
by the Denton City Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Supplier shall provide products and/or services in accordance with the City’s document
RFP 7155-Affordable Housing Assessment, a copy of which is on file at the office of Purchasing
Agent and incorporated herein for all purposes. The Contract consists of this written agreement
and the following items which are attached hereto and incorporated herein by reference:
(a) Special Terms and Conditions (Exhibit “A”);
(b) City of Denton’s RFP 7155 (Exhibit “B” on File at the Office of the Purchasing
Agent);
(c) City of Denton Standard Terms and Conditions (Exhibit “C”);
(d) Insurance Requirements (Exhibit “D”);
(e) Certificate of Interested Parties Electronic Filing (Exhibit "E");
(f) Contractor’s Proposal (Exhibit "F");
(g) Form CIQ – Conflict of Interest Questionnaire (Exhibit "G");
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions
of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence
first to the written agreement then to the contract documents in the order in which they are listed
above. These documents shall be referred to collectively as “Contract Documents.”
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. The terms “boycott Israel” and “company” shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Supplier
certifies that Supplier’s signature provides written verification 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.
Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign
Terrorist Organization
DocuSign Envelope ID: 65011FC7-B76D-4564-B315-093F5819670D
Contract # 7155
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 Supplier’s signature provides written verification to the City that Supplier, 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.
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.
IN WITNESS WHEREOF, the parties of these presents have executed this a greement in
the year and day first above written.
SUPPLIER
BY:
______________________________
AUTHORIZED SIGNATURE
Printed Name:_____________________
Title:____________________________
__________________________________
PHONE NUMBER
_________________________________
EMAIL ADDRESS
___________________________________
TEXAS ETHICS COMMISSION
1295 CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
BY: _____________________________
TODD HILEMAN
CITY MANAGER
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: _______________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: 65011FC7-B76D-4564-B315-093F5819670D
215-574-5827
President, Policy Solutions
ira.goldstein@reinvestment.com
Ira Goldstein
Reinvestment Fund
Sarah Kuechler
Director of Public Affairs
Public Affairs
Contract # 7155
Exhibit A
Special Terms and Conditions
1. Total Contract Amount
The contract total for services shall not exceed $99,959.00. Pricing shall be per Exhibit F attached.
2. Contract Terms
The contract will be effective from date of award or notice to proceed with a purchase order as determined
by the City of Denton Purchasing Department. At the sole option of the City of Denton, the Contract
may be further extended as needed, not to exceed a total of one (1) year.
DocuSign Envelope ID: 65011FC7-B76D-4564-B315-093F5819670D
Contract # 7155
Exhibit C
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings
and other requirements included in the City of Denton’s contract are applicable to
contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer
and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must
be in writing and signed by a representative of the City’s Procurement Department and the
Supplier. No Terms and Conditions contained in the seller’s proposal response, invoice or
statement shall serve to modify the terms set forth herein. If there is a conflict between the
provisions on the face of the contract/purchase order these written provisions will take precedence.
The Contractor agrees that the contract shall be governed by the following terms and conditions,
unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract,
Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitatio n to purchase goods, and
sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed
principally at the City’s premises or on public rights-of-way.
1. CONTRACTOR’S OBLIGATIONS. The Contractor shall fully and timely provide all
deliverables described in the Solicitation and in the Contractor’s Offer in strict accordance with
the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local
laws, rules, and regulations.
2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall
be effective as of the date the contract is signed by the City, and shall continue in effect until all
obligations are performed in accordance with the Contract.
3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package
deliverables in accordance with good commercial practice and shall include a packing list showing
the description of each item, the quantity and unit price unless otherwise provided in the
Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly
and permanently marked as follows: (a) The Contractor's name and address, (b) the City’s name,
address and purchase order or purchase release number and the price agreement number if
applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the
number of the container bearing the packing list. The Contractor shall bear cost of packaging.
Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all
the requirements of common carriers and any applicable specification. The City's count or weight
shall be final and conclusive on shipments not accompanied by packing lists.
4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to
ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of
deliverables.
5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City
only when the City actually receives and accepts the deliverables.
DocuSign Envelope ID: 65011FC7-B76D-4564-B315-093F5819670D
Contract # 7155
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be
shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and
Conditions. Unless otherwise stated in the Offer, the Contractor’s price shall be deemed to include
all delivery and transportation charges. The City shall have the right to designate what method of
transportation shall be used to ship the deliverables. The place of delivery shall be t hat set forth
the purchase order.
7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under
law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at
delivery before accepting them, and to reject defective or non-conforming deliverables. If the City
has the right to inspect the Contractor’s, or the Contractor’s Subcontractor’s, facilities, or the
deliverables at the Contractor’s, or the Contractor’s Subcontractor’s, premises, the Contractor shall
furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance
to the City to facilitate such inspection.
8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables
must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity.
Any non-complying tender shall constitute a breach and the Contractor shall not have the right to
substitute a conforming tender; provided, where the time for performance has not yet expired, the
Contractor may notify the City of the intention to cure and may then make a conforming tender
within the time allotted in the contract.
9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the
sites where the Contractor is to perform the services as required in order for the Contractor to
perform the services in a timely and efficient manner, in accordance with and subject to the
applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied
itself as to the nature of the City’s service requirements and specifications, the location and
essential characteristics of the work sites, the quality and quantity of materials, equipment, labor
and facilities necessary to perform the services, and any other condition or state of fact which could
in any way affect performance of the Contractor’s obligations under the contract. The Contractor
hereby releases and holds the City harmless from and against any liability or claim for damages of
any kind or nature if the actual site or service conditions differ from expected conditions.
The contractor shall, at all times, exercise reasonable precautions for the safety of their employees,
City Staff, participants and others on or near the City’s facilities.
10. WORKFORCE
A. The Contractor shall employ only orderly and competent workers, skilled in the performance
of the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while
engaged in participating or responding to a solicitation or while in the course and scope of
delivering goods or services under a City of Denton contract or on the City's property .
i. use or possess a firearm, including a concealed handgun that is licensed under state law,
except as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled
substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on
the job.
C. If the City or the City's representative notifies the Contractor that any worker is incompetent,
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disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed
any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the
Contractor shall immediately remove such worker from Contract services, and may not employ
such worker again on Contract services without the City's prior written consent.
Immigration: The Contractor represents and warrants that it shall comply with the requirements
of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification
and retention of verification forms for any individuals hired on or after November 6, 1986, who
will perform any labor or services under the Contract and the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (“IIRIRA) enacted on September 30, 1996.
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL
REGULATIONS: The Contractor, it’s Subcontractors, and their respective employees, shall
comply fully with all applicable federal, state, and local health, safety, and environmental laws,
ordinances, rules and regulations in the performance of the services, including but not limit ed to
those promulgated by the City and by the Occupational Safety and Health Administration (OSHA).
In case of conflict, the most stringent safety requirement shall govern. The Contractor shall
indemnify and hold the City harmless from and against all claims, demands, suits, actions,
judgments, fines, penalties and liability of every kind arising from the breach of the Contractor’s
obligations under this paragraph.
Environmental Protection: The Respondent shall be in compliance with all applicable standards,
orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et
seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.).
12. INVOICES:
A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a separate
invoice must be sent for each shipment or delivery made.
B. Proper Invoices must include a unique invoice number, the purchase order or delivery
order number and the master agreement number if applicable, the Department’s Name, and
the name of the point of contact for the Department. Invoices shall be itemized and
transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight
waybill, when applicable, shall be attached to the invoice. The Contractor’s name, remittance
address and, if applicable, the tax identification number on the invoice must exactly match the
information in the Vendor’s registration with the City. Unless otherwise instructed in writing, the
City may rely on the remittance address specified on the Contractor’s invoice.
C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables
order number clearly identified. Invoices shall also include a tabulation of work-hours at the
appropriate rates and grouped by work order number. Time billed for labor shall be limited to
hours actually worked at the work site.
D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all
Subcontract and other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced
amount.
The City will furnish a tax exemption certificate upon request.
13. PAYMENT:
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within
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thirty (30) calendar days of the City’s receipt of the deliverables or of the invoice being received
in Accounts Payable, whichever is later.
B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid
balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the
maximum lawful rate; except, if payment is not timely made for a reason for which the City
may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after
the grounds for withholding payment have been resolved.
C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the
partial shipment or delivery, as stated above, provided that the invoice matches the shipment or
delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of:
i. delivery of defective or non-conforming deliverables by the Contractor;
ii. third party claims, which are not covered by the insurance which the Contractor is
required to provide, are filed or reasonable evidence indicating probable filing of such
claims;
iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property of the City or the City’s agents, employees or contractors,
which is not covered by insurance required to be provided by the Contractor;
v. reasonable evidence that the Contractor’s obligations will not be completed within the
time specified in the Contract, and that the unpaid balance would not be adequate to
cover actual or damages for the anticipated delay;
vi. failure of the Contractor to submit proper invoices with purchase order number, with all
required attachments and supporting documentation; or
vii. failure of the Contractor to comply with any material provision of the Contract
Documents.
E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for
delinquent taxes, the City may offset indebtedness owed the City through payment withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or
electronic transfer of funds. The Contractor agrees that there shall be no additional charges,
surcharges, or penalties to the City for payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding. The
City’s payment obligations are payable only and solely from funds Appropriated and available for
this contract. The absence of Appropriated or other lawfully available funds shall render the
Contract null and void to the extent funds are not Appropriated or available and any deliverables
delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor
written notice of the failure of the City to make an adequate Appropriation for any fiscal year to
pay the amounts due under the Contract, or the reduction of any Appropriation to an amount
insufficient to permit the City to pay its obligations under the Contract. In the event of none or
inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City.
14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the
Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the
term of this contract, the contractor shall bill and the City shall reimburse contractor for all
reasonable and approved out of pocket expenses which are incurred in the connection with the
performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by
the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise
negotiated.
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15. FINAL PAYMENT AND CLOSE-OUT:
A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified
Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance
Report to the Purchasing Manager no later than the 15th calendar day after completion of all work
under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in
compliance with the requirements as accepted by the City.
B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Contractor, except claims (1) which have
been previously asserted in writing and not yet settled, (2) arising from defective work appearing
after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the
terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations
under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising
under the City’s right to audit; and ii. a waiver of all claims by the Contractor against the City
other than those previously asserted in writing and not yet settled.
16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost
of any special tooling or special test equipment fabricated or required by the Contractor for the
purpose of filling this order, such special tooling equipment and any process sheets related thereto
shall become the property of the City and shall be identified by the Contractor as such.
17. RIGHT TO AUDIT:
A. The City shall have the right to audit and make copies of the books, records and computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and other
evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress
or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are
completed and resolved. These books, records, documents and other evidence shall be available,
within ten (10) business days of written request. Further, the Contractor shall also require all
Subcontractors, material suppliers, and other payees to retain all books, records, documents and
other evidence pertaining to the Contract, and to allow the City similar access to those documents.
All books and records will be made available within a 50 mile radius of the City of Denton. The
cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater.
If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel
costs, must be borne by the Contractor which must be payable within five (5) business days of
receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract
and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the
terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed to
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
18. SUBCONTRACTORS:
A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor
shall comply with all requirements approved by the City. The Contractor shall not initially employ
any Subcontractor except as provided in the Contractor’s Plan. The Contractor shall not substitute
any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in
writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or
remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan
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has been approved, the Contractor is additionally required to submit a monthly Subcontract
Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day
of each month.
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract
between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the
terms of the
Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict
accordance with the provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract
without the prior written consent of the City and the Contractor. The City may require, as
a condition to such further subcontracting, that the Subcontractor post a payment bond in
form, substance and amount acceptable to the City;
iii. require Subcontractors to submit all invoices and applications for payments, including
any claims for additional payments, damages or otherwise, to the Contractor in sufficient
time to enable the Contractor to include same with its invoice or application for payment
to the City in accordance with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their
contract, insurance in the type and amounts specified for the Contractor, with the City
being a named insured as its interest shall appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent
as the Contractor is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the
Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions.
Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual
relationship between the City and any such Subcontractor, nor shall it create any obligation on the
part of the City to pay or to see to the payment of any moneys due any such Subcontractor except
as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the
Contractor not later than ten (10) calendar days after receipt of payment from the City.
19. WARRANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's
current prices on orders by others for like deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently without
consultation, communication, or agreement for the purpose of restricting competition, as to any
matter relating to such fees with any other firm or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the
Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current
prices on orders by others for like deliverables under similar terms of purchase.
20. WARRANTY – TITLE: The Contractor warrants that it has good and indefeasible title to all
deliverables furnished under the Contract, and that the deliverables are free and clear of all liens,
claims, security interests and encumbrances. The Contractor shall indemnify and hold the City
harmless from and against all adverse title claims to the deliverables.
21. WARRANTY – DELIVERABLES: The Contractor warrants and represents that all
deliverables sold the City under the Contract shall be free from defects in design, workmanship or
manufacture, and conform in all material respects to the specifications, drawings, and descriptions
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in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and
conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations,
and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall
be new or recycled merchandise, and not used or reconditioned.
A. Recycled deliverables shall be clearly identified as such.
B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law; and any attempt to do so shall be without force or effect.
C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the date of acceptance of the deliverables or from the date of acceptance of any replacement
deliverables. If during the warranty period, one or more of the above warranties are breached, the
Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables,
or replace the non-conforming deliverables with fully conforming deliverables, at the City’s option
and at no additional cost to the City. All costs incidental to such repair or replacement, including
but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor.
The City shall endeavor to give the Contractor written notice of the breach of warranty within
thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice
shall not impair the City’s rights under this section.
D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming
deliverables as required by the City, then in addition to any other available remedy, the City may
reduce the quantity of deliverables it may be required to purchase under the Contract from the
Contractor, and purchase conforming deliverables from other sources. In such event, the
Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to
procure such deliverables from another source.
E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate
manufacturer’s warranty, the Contractor shall transfer and assign such manufacturer’s warranty to
the City. If for any reason the manufacturer’s warranty cannot be fully transferred to the City, the
Contractor shall assist and cooperate with the City to the fullest extent to enforce such
manufacturer’s warranty for the benefit of the City.
22. WARRANTY – SERVICES: The Contractor warrants and represents that all services to be
provided the City under the Contract will be fully and timely performed in a good and workmanlike
manner in accordance with generally accepted industry standards and practices, the terms,
conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules
or regulations.
A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law, and any attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the Acceptance Date. If during the warranty period, one or more of the above warranties are
breached, the Contractor shall promptly upon receipt of demand perform the services again in
accordance with above standard at no additional cost to the City. All costs incidental to such
additional performance shall be borne by the Contractor. The City shall endeavor to give the
Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery
of the breach warranty, but failure to give timely notice shall not impair the City’s rights under
this section.
C. If the Contractor is unable or unwilling to perform its services in accordance with the above
standard as required by the City, then in addition to any other available remedy, the City may
reduce the amount of services it may be required to purchase under the Contract from the
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Contractor, and purchase conforming services from other sources. In such event, the Contractor
shall pay to the City upon demand the increased cost, if any, incurred by the City to procur e such
services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non -
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay
all claims, costs, losses and damages attributable to the City’s evaluation of and determination to
accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final
payment, the City may deduct such amounts as are necessary to compensate the City for the
diminished value of the defective or non-conforming deliverables. If the acceptance occurs after
final payment, such amount will be refunded to the City by the Contractor.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party’s intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time specified
after demand is made, the demanding party may treat this failure as an anticipatory repudiation of
the Contract.
25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation or
unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the
City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to
fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to
provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks
relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in
Contractor’s Offer, or in any report or deliverable required to be submitted by the Contractor to
the City.
27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within su ch
ten (10) day period, cures such default, or provides evidence sufficient to prove to the City’s
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor’s default, including, without
limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and post-
judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years and
any Offer submitted by the Contractor may be disqualified for up to three (3) years . All rights and
remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by
law.
28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work
pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The
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City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available
for such purposes, for all goods delivered and services performed and obligations incurred prior to
the date of termination in accordance with the terms hereof.
29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable
required to be submitted by the Contractor to the City shall be grounds for the termination of the
Contract for cause by the City and may result in legal action.
30. DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if
the City deems it is in its best interest. If such delay causes an increase in the cost of the work
under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs
incurred by the Contractor in the Contract price and execute an amendment to the Contract. The
Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of
receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall
excuse the Contractor from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations under
this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots,
civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the
reasonable control of such Party. In the event of default or delay in contract performance due to
any of the foregoing causes, then the time for completion of the services will be extended;
provided, however, in such an event, a conference will be held within three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of such
failure to perform.
31. INDEMNITY:
A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including all reasonable
costs and expenses of litigation, mediation or other alternate dispute resolution mechanism,
including attorney and other professional fees for: (1) damage to or loss of the property of
any person (including, but not limited to the City, the Contractor, their respective agents,
officers, employees and subcontractors; the officers, agents, and employees of such
subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's
compensation, loss of services, or loss of income or wages to any person (including but not
limited to the agents, officers and employees of the City, the Contractor, the Contractor’s
subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non-
conforming deliverables, negligence, willful misconduct or a breach of any legally imposed
strict liability standard.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY),
INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS,
EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL
INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO,
CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR
THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE
PERFORMANCE OF THE CONTRACTOR’S OBLIGATIONS UNDER THE
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CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF
THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMIT ED TO, THE
RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE
LIABLE FOR AN INDEMNIFIED CLAIM.
32. INSURANCE: The following insurance requirements are applicable, in addition to the specific
insurance requirements detailed in Appendix A for services only. The successful firm shall procure
and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton.
The insurance shall be written by a company licensed to do business in the State of Texas and
satisfactory to the City of Denton.
A. General Requirements:
i. The Contractor shall at a minimum carry insurance in the types and amounts indicated
and agreed to, as submitted to the City and approved by the City within the procurement
process, for the duration of the Contract, including extension options and hold over periods,
and during any warranty period.
ii. The Contractor shall provide Certificates of Insurance with the coverage’s and
endorsements required to the City as verification of coverage prior to contract execution
and within fourteen (14) calendar days after written request from the City. Failure to
provide the required Certificate of Insurance may subject the Offer to disqualification from
consideration for award. The Contractor must also forward a Certificate of Insurance to the
City whenever a previously identified policy period has expired, or an extension option or
hold over period is exercised, as verification of continuing coverage.
iii. The Contractor shall not commence work until the required insurance is obtained and
until such insurance has been reviewed by the City. Approval of insurance by the City shall
not relieve or decrease the liability of the Contractor hereunder and shall not be construed
to be a limitation of liability on the part of the Contractor.
iv. The Contractor must submit certificates of insurance to the City for all subcontractors
prior to the subcontractors commencing work on the project.
v. The Contractor’s and all subcontractors’ insurance coverage shall be written by
companies licensed to do business in the State of Texas at the time the policies are issued
and shall be written by companies with A.M. Best ratings of A- VII or better. The City
will accept workers’ compensation coverage written by the Texas Workers’ Compensation
Insurance Fund.
vi. All endorsements naming the City as additional insured, waivers, and notices of
cancellation endorsements as well as the Certificate of Insurance shall contain the
solicitation number and the following information:
City of Denton
Materials Management Department
901B Texas Street
Denton, Texas 76209
vii. The “other” insurance clause shall not apply to the City where the City is an additional
insured shown on any policy. It is intended that policies required in the Contract, covering
both the City and the Contractor, shall be considered primary coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the Contractor
shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified.
If Excess Liability Insurance is provided, it shall follow the form of the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without
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expense, to review certified copies of policies and endorsements thereto and may make any
reasonable requests for deletion or revision or modification of particular polic y terms,
conditions, limitations, or exclusions except where policy provisions are established by law
or regulations binding upon either of the parties hereto or the underwriter on any such
policies.
x. The City reserves the right to review the insurance requirements set forth during the
effective period of the Contract and to make reasonable adjustments to insurance coverage,
limits, and exclusions when deemed necessary and prudent by the City based upon changes
in statutory law, court decisions, the claims history of the industry or financial condition
of the insurance company as well as the Contractor.
xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance
to lapse during the term of the Contract or as required in the Contract.
xii. The Contractor shall be responsible for premiums, deductibles and self-insured
retentions, if any, stated in policies. All deductibles or self-insured retentions shall be
disclosed on the Certificate of Insurance.
xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days’ written
notice of erosion of the aggregate limits below occurrence limits for all applicable
coverage’s indicated within the Contract.
xiv. The insurance coverage’s specified in within the solicitation and requirements are
required minimums and are not intended to limit the responsibility or liability of the
Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the
solicitation instrument.
33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which
arises under or concerns the Contract, or which could have a material adverse effect on the
Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City
shall state the date of notification of any such claim, demand, suit, or other action; the names and
addresses of the claimant(s); the basis thereof; and the name of each person against whom such
claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to
the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City
Hall, 215 East McKinney Street, Denton, Texas 76201.
34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required
or appropriate to be given under the Contract shall be in writing and shall be deemed delivered
three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered
Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon
receipt by the addressee. Routine communications may be made by first class mai l, telefax, or
other commercially accepted means. Notices to the Contractor shall be sent to the address specified
in the Contractor’s Offer, or at such other address as a party may notify the other in writing. Notices
to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked
to the attention of the Purchasing Manager.
35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become property of the City upon recei pt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly marked as
such. Determination of the public nature of the material is subject to the Texas Public Information
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Act, Chapter 552, and Texas Government Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title
to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the
specifications in the Contract will not infringe, directly or contributorily, any patent, trademark,
copyright, trade secret, or any other intellectual property right of any kind of any third party; that
no claims have been made by any person or entity with respect to the ownership or operation of
the deliverables and the Contractor does not know of any valid basis for any such claims. The
Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and
against all liability, damages, and costs (including court costs and reasonable fees of attorneys and
other professionals) arising out of or resulting from: (i) any claim that the City’s exercise anywhere
in the world of the rights associated with the City’s’ ownership, and if applicable, license rights,
and its use of the deliverables infringes the intellectual property rights of any third party; or (ii)
the Contractor’s breach of any of Contractor’s representations or warranties stated in this Contract.
In the event of any such claim, the City shall have the right to monitor such claim or at its option
engage its own separate counsel to act as co -counsel on the City’s behalf. Further, Contractor
agrees that the City’s specifications regarding the deliverables shall in no way diminish
Contractor’s warranties or obligations under this paragraph and the City makes no warranty that
the production, development, or delivery of such deliverables will not impact such warranties of
Contractor.
37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may
require access to certain of the City’s and/or its licensors’ confidential information (including
inventions, employee information, trade secrets, confidential know-how, confidential business
information, and other information which the City or its licensors consider confidential)
(collectively, “Confidential Information”). Contractor acknowledges and agrees that the
Confidential Information is the valuable property of the City and/or its licensors and any
unauthorized use, disclosure, dissemination, or other release of the Confidential Information will
substantially injure the City and/or its licensors. The Contractor (including its employees,
subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information
in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use
the Confidential Information without the prior written consent of the City or in a manner not
expressly permitted under this Agreement, unless the Confidential Information is required to be
disclosed by law or an order of any court or other governmental authority with proper jurisdiction,
provided the Contractor promptly notifies the City before disclosing such information so as to
permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to
use protective measures no less stringent than the Contractor uses within its own business to protect
its own most valuable information, which protective measures shall under all circumstances be at
least reasonable measures to ensure the continued confidentiality of the Confidential Information.
38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and
interests throughout the world in and to the deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees
to disclose such patentable subject matter to the City. Further, if requested by the City, the
Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right,
title, and interest to specific inventions under such patentable subject matter to the City and to
execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute,
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acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by
the City, to the City upon request by the City.
B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor
agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the
Contractor for the City and the City shall own all copyrights in and to such deliverables, provided
however, that nothing in this Paragraph 38 shall negate the City’s sole or joint ownership of any
such deliverables arising by virtue of the City’s sole or joint authorship of such deliverables.
Should by operation of law, such deliverables not be considered works made-for-hire, the
Contractor hereby assigns to the City (and agrees to cause each of its employees providing services
to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all
worldwide right, title, and interest in and to such deliverables. With respect to such work made-
for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its
employees providing services to the City hereunder to execute, acknowledge, and deliver a work-
made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon
delivery of such deliverables to the City or at such other time as the City may request.
C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its
employees to, execute, acknowledge, and deliver all applications, specifications, oaths,
assignments, and all other instruments which the City might reasonably deem necessary in order
to apply for and obtain copyright protection, mask work registration, trademark registration and/or
protection, letters patent, or any similar rights in any and all countries and in order to assign and
convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and
interest in and to the deliverables. The Contractor’s obligations to exec ute, acknowledge, and
deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those
described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract
with respect to such deliverables. In the event the City should not seek to obtain copyright
protection, mask work registration or patent protection for any of the deliverables, but should
desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information
under the terms of Paragraph 37 above.
39. PUBLICATIONS: All published material and written reports submitted under the Contract
must be originally developed material unless otherwise specifically provided in the Contract.
When material not originally developed is included in a report in any form, the source shall be
identified.
40. ADVERTISING: The Contractor shall not advertise or publish, without the City’s prior
consent, the fact that the City has entered into the Contract, except to the extent required by law.
41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure the Contract upon any agreement or understanding
for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona
fide established commercial or selling agencies maintained by the Contractor for the purpose of
securing business. For breach or violation of this warranty, the City shall have the right, in addition
to any other remedy available, to cancel the Contract without liability and to deduct from any
amounts owed to the Contractor, or otherwise recover, the full amount of such commission,
percentage, brokerage or contingent fee.
42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without
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liability if it is determined by the City that gratuities were offered or given by the Contractor or
any agent or representative of the Contractor to any officer or employee of the City of Denton with
a view toward securing the Contract or securing favorable treatment with respect to the awarding
or amending or the making of any determinations with respect to the performing of such contract.
In the event the Contract is canceled by the City pursuant to this provision, the City shall be
entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost
incurred by the Contractor in providing such gratuities.
43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer,
employee, independent consultant, or elected official of the City who is involved in the
development, evaluation, or decision-making process of the performance of any solicitation shall
have a financial interest, direct or indirect, in the Contract resulting from that solicitation
solicitation as defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article
XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any
officer or employee guilty thereof shall be subject to disciplinary action up to and including
dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the
Contractor shall render the Contract voidable by the City. The Contractor shall complete and
submit the City’s Conflict of Interest Questionnaire.
44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor’s services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City of Denton, Texas for
the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits,
worker’s compensation, or any other City employee benefit. The City shall not have supervision and
control of the Contractor or any employee of the Contractor, and it is expressly understood that
Contractor shall perform the services hereunder according to the attached specifications at the general
direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The
contractor is expressly free to advertise and perform services for other parties while performing
services for the City.
45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and their respective successors and assigns, provided
however, that no right or interest in the Contract shall be assigned and no obligation shall be
delegated by the Contractor without the prior written consent of the City. Any attempted
assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity
not a party hereto; it being the intention of the parties that there are no third party beneficiaries to
the Contract.
The Vendor shall notify the City’s Purchasing Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated City records. The
president of the company or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such
change, copy of the board of director’s resolution approving the action, or an executed
merger or acquisition agreement. Failure to do so may adversely impact future invoice
payments.
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46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole
or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party. No waiver by either
the Contractor or the City of any one or more events of default by the other party shall operate as,
or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an
express or implied acceptance of any other existing or future default or defaults, whether of a
similar or different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
document shall have any force or effect to change the terms, covenants, and conditions of the
Contract.
48. INTERPRETATION: The Contract is intended by the parties as a final, complete and
exclusive statement of the terms of their agreement. No course of prior dealing between the parties
or course of performance or usage of the trade shall be relevant to supplement or explain any term
used in the Contract. Although the Contract may have been substantially drafted by one party, it
is the intent of the parties that all provisions be construed in a manner to be fair to both parties,
reading no provisions more strictly against one party or the other. Whenever a term defined by the
Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC
definition shall control, unless otherwise defined in the Contract.
49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing
of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party
may make a written request for a meeting between representatives of each party within fourteen
(14) calendar days after receipt of the request or such later period as agreed by the parties. Each
party shall include, at a minimum, one (1) senior level individual with decision-making authority
regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith
to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the
parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to
mediation as described below. Negotiation may be waived by a written agreement signed by both
parties, in which event the parties may proceed directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation
process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation
skills to assist with resolution of the dispute. Should they choose this option; the City and the
Contractor agree to act in good faith in the selection of the mediator and to give consideration to
qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties
from relying on the skills of a person who is trained in the subject matter of the dispute or a contract
interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of
initiation of the mediation process, the mediator shall be selected by the Denton County Alternative
Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith
for up to thirty (30) calendar days from the date of the first mediation session. The City and the
Contractor will share the mediator’s fees equally and the parties will bear their own costs of
participation such as fees for any consultants or attorneys they may utilize to represent them or
otherwise assist them in the mediation.
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50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the
laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted
in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would
refer to and apply the substantive law of another state or jurisdiction. All issues arising from this
Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit
to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to limit or restrict the right or ability of the City to seek and secure
injunctive relief from any competent authority as contemplated herein.
51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract
shall in no way affect the validity or enforceability of any other portion or provision of the
Contract. Any void provision shall be deemed severed from the Contract and the balance of the
Contract shall be construed and enforced as if the Contract did not contain the particular portion
or provision held to be void. The parties further agree to reform the Contract to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent this entire Contract from being void
should a provision which is the essence of the Contract be determined to be void.
52. HOLIDAYS: The following holidays are observed by the City:
New Year’s Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year’s Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday
falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be
between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any
scheduled deliveries or work performance not within the normal hours of operation must be
approved by the City Manager of Denton, Texas or his authorized designee.
53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose
continuing obligations on the parties, including but not limited to the warranty, indemnity, and
confidentiality obligations of the parties, shall survive the expiration or termination of the Contract.
54. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub -awards to parties
that are suspended or debarred or whose principals are suspended or debarred from Federal, State,
or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its
firm and its principals are not currently suspended or debarred from doing business with the
Federal Government, as indicated by the General Services Administration List of Parties Excluded
from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of
Denton.
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55. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, sexual
orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of,
or be otherwise subjected to discrimination under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror’s agent, shall
engage in any discriminatory employment practice against individuals with disabilities as defined
in the ADA.
56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded
requirements)
The following federally funded requirements are applicable. A. Definitions. As used in this
paragraph –
i. "Component" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means -
(1) For components purchased by the Contractor, the acquisition cost, including transportation
costs to the place of incorporation into the end product (whether or not such costs are paid to a
domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of
the component, including transportation costs as described in paragraph (1) of this definition, plus
allocable overhead costs, but excluding profit. Cost of components does not include any costs
associated with the manufacture of the end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
(2) An end product manufactured in the United States, if the cost of its components mined,
produced, or manufactured in the United States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind as those that the agency
determines are not mined, produced, or manufactured in sufficient and reasonably available
commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected,
and prepared for processing in the United States is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the contract
for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products
for supplies acquired for use in the United States.
C. The City does not maintain a list of foreign articles that will be treated as domestic for this
Contract; but will consider for approval foreign articles as domestic for this product if the articles
are on a list approved by another Governmental Agency. The Offeror shall submit documentation
with their Offer demonstrating that the article is on an approved Governmental list.
D. The Contractor shall deliver only domestic end products except to the extent that it specified
delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act
Certificate".
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all
information presented in any response to this contract, whether amended or not, except as
prohibited by law. Selection of rejection of the submittal does not affect this right.
58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or
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supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the
respondent.
59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as
defined by the United States Department of Labor Davis-Bacon Wage Determination at
http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov
for Denton County, Texas (WD-2509).
60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor
or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent
must comply with all applicable laws at all times, including, without limitation, the following: (i)
§36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code,
which prohibits the offering or conferring of benefits to public servants. The Respondent shall give
all notices and comply with all laws and regulations applicable to furnishing and performance of
the Contract.
61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on-
site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530
of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees.
Respondent is responsible for both federal and State unemployment insurance coverage and
standard Workers’ Compensation insurance coverage. Respondent shall ensure compliance with
all federal and State tax laws and withholding requirements. The City of Denton shall not be liable
to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or
federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall
pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701
ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may hereafter
be issued.
63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property and
equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers,
including any delivery or cartage company, in connection with any performance pursuant to the
Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any
such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
responsible for performance under the Contract should it be prevented from performance by an act
of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault
or negligence of the City of Denton. In the event of an occurrence under this Section, the
Respondent will be excused from any further performance or observance of the requirements so
affected for as long as such circumstances prevail and the Respondent con tinues to use
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commercially reasonable efforts to recommence performance or observance whenever and to
whatever extent possible without delay. The Respondent shall immediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar
days of the inception of such occurrence) and describe at a reasonable level of detail the
circumstances causing the non-performance or delay in performance.
65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party
under the Contract will not affect the right of such Party to require performance in the future. No
delay, failure, or waiver of either Party’s exercise or partial exercise of any right or remedy under
the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right
or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as
a waiver of any continuing or succeeding breach.
66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision
of the Contract is in any way intended to constitute a waiver by the City of Denton of any
immunities from suit or from liability that the City of Denton may have by operation of law.
67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting
documents, statistical records, and any other records or books relating to the performances called
for in the Contract. The Respondent shall retain all such records for a period of four (4) years after
the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit
and litigation matters are resolved, whichever period is longer. The Respondent shall grant access
to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of
Texas, and any federal governmental entity that has authority to review records due to federal
funds being spent under the Contract.
Should a conflict arise between any of the contract documents, it shall be resol ved with the
following order of precedence (if applicable). In any event, the final negotiated contract shall
take precedence over any and all contract documents to the extent of such conflict.
1. Final negotiated contract
2. RFP/Bid documents
3. City’s standard terms and conditions
4. Purchase order
5. Supplier terms and conditions
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Exhibit D
INSURANCE REQUIREMENTS AND
WORKERS’ COMPENSATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractual obligations, which
the successful contractor shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by
the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter.
Contractor shall file with the Purchasing Department satisfactory certificates of insurance
including any applicable addendum or endorsements, containing the contract number and
title of the project. Contractor may, upon written request to the Purchasing Department,
ask for clarification of any insurance requirements at any time; however, Contractor shall
not commence any work or deliver any material until he or she receives notification that
the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
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.
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.
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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:
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.
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[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic
and umbrella or excess policies. The policy will include bodily injury and property damage
liability arising out of the operation, maintenance and use of all automobiles and mobile
equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned hired and non-owned autos.
[X] Workers’ Compensation Insurance
Contractor shall purchase and maintain Workers’ Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers’ Compensation
Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be
on an “occurrence" basis and the policy shall be issued by the same insurance company
that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00
combined bodily injury and property damage per occurrence with a $1,000,000.00
aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
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[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Environmental Liability Insurance
Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this
contract.
[ ] Riggers Insurance
The Contractor shall provide coverage for Rigger’s Liability. Said coverage may be
provided by a Rigger’s Liability endorsement on the existing CGL coverage; through and
Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11,
Rigger’s Liability Coverage form. Said coverage shall mirror the limits provided by the
CGL coverage
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a “blanket” basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than $ each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
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ATTACHMENT 1
[X] Workers’ Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, 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. "Servic es" 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
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project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
2. no later than seven days after receipt by the contractor, a new certificate
of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of
the project.
F. The contractor shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail
or personal delivery, within 10 days after the contractor knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are required
to be covered, and stating how a person may verify coverage and report lack
of coverage.
I. The contractor shall contractually require each person with whom it contracts
to provide services on a project, to:
1. provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
2. provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration
of the project;
3. provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the duration
of the project;
4. obtain from each other person with whom it contracts, and provide t o the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
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b. a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
7. Contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
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 classificat ion codes and
payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self -insured, with the
commission's Division of Self -Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor’s failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
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Exhibit E
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
Commission’s website within seven business days.
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Exhibit F
Contractor’s Proposal
See attachment.
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Emily Dowdall
Policy Director, Policy Solutions
Reinvestment Fund
1700 Market Street, 19th Floor Philadelphia, PA 19103
P: 215.574.5831 F: 215.574.5927
E: emily.dowdall@reinvestment.com
October 10th, 2019
Crystal Westbrook
901-B Texas Street
Denton, TX 76209
Dear Ms. Westbrook,
Reinvestment Fund is pleased to respond to the City of Denton’s Request for Proposals for an Affordable
Housing Needs Assessment (HNA). In response to the RFP, Reinvestment Fund’s Policy Solutions group
(hereafter, “Policy”) proposes to join with Atria Planning, LLC (“Atria”) to achieve the City’s stated goals
and produce an assessment that will establish a data-based framework for understanding, planning for,
and ultimately meeting the City of Denton’s changing housing needs. The resulting HNA will present an
in-depth analysis of current and projected housing supply and demand, and how they relate to local
economic considerations including Area Median Income (AMI). The HNA will also provide guidance on
applying data findings to strategic decisions. Our team brings together expertise in neighborhood
housing market analysis, the design of data-driven policies and investment strategies, and community
engagement. These three threads of experience will be critical in both the process of HNA development
and in the substance of the final product.
Policy and Atria (the “Team”) will situate the HNA within the unique data-driven, geographically-specific
and market-based framework of Reinvestment Fund’s Market Value Analysis (MVA) approach. Housing
needs, and the most effective and feasible means for meeting them, vary considerably based on the
nature of the real estate market in which they are located, and submarkets may functions at the scale of
just a few blocks. The MVA, in identifying and describing these markets, advises where interventions are
needed and helps decision makers set priorities and act strategically.
The Team proposes to commence the project within one month of the award notification and complete
the Housing Needs Assessment within 150 days, with a precise timeline for all deliverables to be set in
discussion with City of Denton, at a total cost of $99,959. Policy will coordinate team efforts to ensure
that multiple tasks are conducted simultaneously for maximum efficiency and value. The scope of work
that follows describes our approach in detail, and our team qualifications demonstrate our capacity for
successful project completion.
Best Regards,
Emily Dowdall
Policy Director
Reinvestment Fund
EXHIBIT F
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Company Information
Founded in 1985, Reinvestment Fund is a leading innovator in the financing, analysis, and design of
neighborhood and economic revitalization efforts. Our mission is to build wealth and opportunity for
low-wealth people and places through the promotion of socially and environmentally responsible
development. Over its 30-year history, Reinvestment Fund, a 501(c)(3) non-profit organization, has
evolved into a results-oriented, socially responsible community investment group with expertise in
public management, sophisticated spatial display, and rigorous data analysis conducted by the Policy
Solutions division (“Policy”).
Policy’s data analyses guide both Reinvestment Fund’s own investments, as well as those of external
clients. We work with the public, private, and philanthropic sectors to design and measure the impact of
strategies to preserve and rebuild equitable communities. We are recognized nationally for producing
objective research on fair housing, mortgage foreclosures, residential and commercial market
conditions, food access, gaps in access to high-quality childcare, arts and culture, and the impact of
various housing and community development programs.
Since 2001, Policy’s nine-member team has conducted MVAs in over 40 cities, counties, and states
throughout the country, including Baltimore, MD; St. Louis, MO; and Irving, TX. Policy also applied the
2015 Philadelphia MVA to the city of Philadelphia’s Assessment of Fair Housing (2016). The MVA, in that
context, helped the city identify the degree to which patterns in rental evictions tied to racial and
ethnically concentrated areas of poverty. This analysis led to the City Council and City Administration
reallocating nearly $500,000 of CDBG funds to support lower income tenants facing eviction. Policy also
completed a Neighborhood Investment Strategy for the city of Indianapolis based on the recently
completed MVA. This analysis informed the strategy for allocating and investing their CDBG allocation.
Atria Planning LLC is a small, woman-owned business with offices in Philadelphia and San Diego. Atria
approaches work with a mind towards data-driven solutions that are financially realistic. This means
coming up with recommendations that address identified needs in a manner that is fiscally responsible
and in agreement with the vision and goals of the community. At Atria, we are passionate about what
we do - helping clients build stronger communities and improving the lives of residents through
economic opportunity and quality neighborhoods.
Company Websites
http://www.reinvestment.com
https://www.atriaplanning.com/
Qualifications and Experience
The Team has developed a comprehensive approach to understanding regional housing needs and
neighborhood housing markets that identifies what types of actions are needed and where. We will
provide the City of Denton with the following:
1. Reinvestment Fund’s Market Value Analysis to frame housing needs and geographically target
interventions for optimal effect;
2. A complete Housing Needs Assessment aligned with HUD requirements;
3. A 20-year Housing Demand model;
4. The Area of Opportunity Index; and
5. The Housing Policy/Programs Toolkit
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Our primary goal is to assess current conditions and link them to targeted responses through
comprehensive and holistic research of demographic, financial, and physical characteristics. Oftentimes
large amounts of data are overwhelming, and if not looked at in an integrated fashion, do not lead to
meaningful information. This is where the Team will focus attention – weaving large amounts of
information together to better understand critical issues, regional disparities, and areas of opportunity.
The Team also strongly believes that the information developed from this project should be readable,
interesting, concise and meaningful – so that policy-makers can make informed decisions. Our reports
are not loaded with superfluous charts and tables, but rather present the most salient points in an easy-
to-read format, supplemented with background information in appendices and supporting databases.
We also approach our work with a mindset geared towards solutions that are financially realistic and
culturally appropriate. This means coming up with a toolkit that addresses identified needs in a manner
that is fiscally responsible and in agreement with the vision and goals of the community. Finally, the use
of the MVA differentiates our approach from typical housing needs assessments through the
identification and description of locations where specific policies or actions are appropriate.
The Advantage
The Team’s Market Value Analysis will convey nuanced information on housing markets at regional and
neighborhood levels that can be layered on with the core demographic, economic, housing needs, and
housing demand analysis critical to a housing needs assessment. The Areas of Opportunity analysis will
further focus investment priorities. These foundational work products will be especially meaningful in
guiding policy and program recommendations, which will be applicable in certain areas and in certain
types of markets. The results will empower the City of Denton and the broader housing network (i.e.,
local non-profits, housing providers, etc.) with direct information on housing needs and market
characteristics that they can present to foundations and federal grant providers to access much-needed
resources.
The Market Value Analysis
The Team will develop a Market Value Analysis (MVA) for the City of Denton that will serve as the
foundation and framework for the assessment of various housing market gaps and will inform the
differentiation of final recommendations. Housing needs, and the most effective and feasible means for
meeting them, vary considerably based on the nature of the real estate market in which they are
located. The MVA is a tool created by Reinvestment Fund more than 15 years ago to help policymakers
and other stakeholders understand the characteristics of, and variation within, their local real estate
markets. The MVA is currently used by dozens of cities and regions facing challenges and opportunities
similar to those in the City of Denton.
The MVA is an objective, data-driven tool built on local administrative data (including home sales,
building and demolition permits, foreclosures, code violations, and vacancy) and validated by local
experts. Typically, an MVA identifies 8 to 10 market types in a city, allowing public officials and private
actors to more precisely target interventions in weak markets, support sustainable and equitable growth
in stronger markets, and implement appropriate strategies in middle markets. The MVA will also be a
starting point for stakeholder engagement. A local task force representing key public agencies, real
estate professionals, nonprofit groups, and community development funders will be established and
meet at least twice throughout the process to preview findings, provide insight into the reliability of the
underlying data, and vet the final results.
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The MVA is a critical starting point for the HNA and going through the MVA process will inform the
development of a practical, comprehensive, and finely tuned set of strategies for bridging housing gaps
in the City of Denton. (See the maps below for an example of the MVA, its use within larger geographies
such as City Council Districts and overlaid with metrics of housing affordability).
Key findings will be reported for each market area, but MVA categories, reflecting the characteristics of
smaller geographies, will document critical areas of variation within each larger market area. (See Figure
2 for an example of MVA category summary characteristics, and Figure 3 for the breakdown of MVA
categories by City Council District).
Figure 2: Summary of MVA Category Characteristics, Kansas City, MO 2016
Figure 1: 2016 MVA for Kansas City, MO; City Council District Overlay; Housing Affordability Overlay at 50% of Median Family Income
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The MVA will also be a starting point for stakeholder engagement; a local task force representing key
public agencies, real estate professionals, nonprofit groups, and community development funders will
be established and meet at least twice in person throughout the process to preview findings and provide
insight into the validity and significance of the underlying data and the results. The MVA is a fitting
framework for the HNA, and it will enable the Team to develop a practical, comprehensive, and finely-
tuned set of strategies for bridging housing gaps in the City of Denton.
Project Manager & Key Staff
Emily Dowdall serves as Policy Director for Reinvestment Fund. In this role, Ms. Dowdall works with
clients to apply research results in making data-based decisions. She recently led a project with the Buhl
Foundation and public-sector stakeholders to apply the results of the Pittsburgh MVA to the creation of
a workforce housing investment strategy and she led an effort to use the Indianapolis MVA to guide
spending and programmatic decisions there. She has contributed to MVAs in New Orleans, Richmond,
and Houston. Ms. Dowdall also co-produced “Transformative Investing in Lower North Philadelphia
2000-2014: Multifaceted Development around Cultural Hubs and Educational Anchors,” a retrospective
evaluation of Reinvestment Fund’s community development activities in one section of the city. Prior to
Reinvestment Fund, she led research efforts at the Pew Charitable Trusts on critical issues facing
Philadelphia and other cities, producing major reports on topics including neighborhood change and the
redevelopment of shuttered school buildings. She has a Master of City Planning degree from the
University of Pennsylvania, with a focus on community and economic development, and a B.A. in
Metropolitan Studies from New York University.
Colin Weidig serves as a Senior Policy Analyst for Reinvestment Fund. Mr. Weidig conducts evaluations,
strategic planning, and quantitative analyses for Reinvestment Fund clients. He recently served as the
lead analyst for an 18-month HUD Fair Housing Initiatives Program investigation of potential fair housing
violations associated with reverse mortgage lending in Philadelphia. He also provided analytic support
Figure 3: Share of MVA Categories Comprising each City Council District, Kansas City, MO
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for the Indianapolis neighborhood investment strategy project which used the MVA to differentiate
place-based interventions across every neighborhood in Marion County.
Mr. Weidig served as the lead analyst for MVAs in a number of cities, including Dallas and Irving, TX;
Jacksonville, FL; and Pittsburgh and Allegheny County, PA. Previous work includes evaluations of: HUD’s
Neighborhood Stabilization Program II investments for both the City of Camden and the City of
Philadelphia; Philadelphia’s Department of Licenses and Inspections’ innovative Vacant Property
Management Strategy; and Philadelphia’s Residential Mortgage Foreclosure Diversion Program.
Janine Simmons is a policy analyst for Policy Solutions, performing quantitative and qualitative research
to support Policy Solutions’ work. Currently, her work involves assisting with various projects including
the Jacksonville MVA and technical assistance to community planning grantees of the Wells Fargo
Regional. Prior to joining Reinvestment Fund as an analyst, Ms. Simmons worked with the Policy
Solutions team as an intern, and in this capacity gained training in the Market Value Analysis approach
and contributed to the Limited Supermarket Access analysis.
Rebecca Rothenberg, Atria Planning is a housing consultant with 16 years of experience working with
governments in assessing needs and developing policy for housing and economic development. Ms.
Rothenberg has managed more than 30 projects related to housing needs assessments, housing policy,
fair housing, market analysis, and strategic housing plans. She understands the qualitative and
quantitative components of housing plans and can support recommendations with hard data and
community support. She is knowledgeable of housing and community demographic analysis; CDBG-DR
program design; Analysis of Impediments to Fair Housing (AIs); Housing Needs Assessments (HNAs);
mixed income housing finance; public housing programs and development; and market analysis. Clients
include Newport News, VA; Shreveport, LA; Santa Rosa, CA; Little Rock, AR; Bethlehem, PA; and the
States of California, Indiana, North Carolina, Louisiana, New York, New Jersey and Pennsylvania.
Work Examples
Market Value Analysis – City of Philadelphia, PA
In 2019, Policy completed its sixth Market Value Analysis (MVA) for the city of Philadelphia, PA.
https://www.reinvestment.com/success-story/market-value-analysis-philadelphia/
Reference:
Melissa Long
Deputy Director
Office of Housing and Community Development
Melissa.Long@phila.gov
Market Value Analysis and Housing Needs Assessment – State of Delaware
http://www.destatehousing.com/FormsAndInformation/needs.php
Reference:
Marlena Gibson, Director of Policy and Planning, DSHA
18 The Green, Dover, DE 19901
PHONE: (302) 739-4263
Marlena@DeStateHousing.com
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Market Value Analysis – Irving, TX
In 2019 Policy completed a Market Value Analysis (MVA) for the city of Irving, TX.
Reference:
Steven Reed
Director of Planning and Community Development
City of Irving
sreed@cityofirving.org
972-721-2424
Work Process
The MVA process and assessment of current conditions and gaps will take place during the Information
Gathering Phase. Following the completion of these activities, the Team will produce a document that
includes recommended solutions during the Data Report Phase and issue recommendations and
implementation strategies during the Resources and Strategy Phase. The Team will present draft and
final HNA report documents at public meetings, and deliver final products to the City of Denton.
A. Work Plan, Data Collection, and Ongoing Communication
The Team will convene a kickoff phone/video meeting with City of Denton representatives within the
first two weeks of project start date. The meeting will cover all deliverables, tools to complete those
deliverables (including the MVA) and the specific support required from City staff, i.e., acquiring data
and connecting with local stakeholders. At kickoff, the Team will identify local data sources and
coordinate with the City of Denton to collect additional information. Participants will have the
opportunity to review the Work Plan, key data indicators, share important information about local
conditions and priorities, and learn about how MVA results have been combined with other layers of
analysis to guide policy in other localities. A detailed project timeline will be finalized at this time.
Preliminary Analysis: Demographic, Economic, and Market Conditions
The Team will process the data collected during the Information Gathering phase to create a preliminary
profile of demographic, economic, and housing market conditions across the City of Denton.
Data Validation and Windshield Survey: Market Value Analysis and Housing Conditions
The MVA will be the analytic framework for the Team’s assessment of current conditions. The Team will
coordinate a “windshield” survey of housing conditions with the data validation. Before the survey, the
Team will review ACS and administrative data collected for the MVA that would reveal concentrations of
older homes in areas of high poverty, concentrations of multi-family housing, and areas with a higher
concentration of homes in unlivable or overcrowded conditions. The Team will present maps of
recommended survey areas to the City of Denton and revise as needed based on local expertise. The
windshield survey will identify areas of distress and will complement the MVA results.
Demographic and Economic Data Analysis
The Team will collect and analyze critical data available through the American Community Survey for
2010 and 2018 to provide the groundwork for the needs assessment. This includes information on
households, demographics, housing statistics, employment, income statistics, and other relevant data
points specific to special needs. We will factor in national trends that may affect the region, including
shrinking household sizes, declining home values in some older suburban areas, and delayed
homeownership.
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This information will be augmented with ESRI Business Analyst’s community profile tapestry data,
population forecasts, and several of HUD’s data tools regarding housing conditions, markets and trends.
We collect data at the Block Group or Census Tract level and incorporate the information into SQL and
Excel databases for analysis. With this approach, we can analyze critical indicators at a variety of
geographies, and compare these data to other geographies with ease.
Following are a few key features we use to understand basic demographics and local economic
conditions (the full data suite of indicators will be provided at kickoff, and can be amended):
• Changes in the number of households and type of households (seniors, people living alone,
married without children, single parents, large families, etc.)
• Changes in the housing supply over time (total units by tenure, value, vacancy, and substandard
units)
• Examination of housing types and age
• Migration patterns and spatial mismatch (where do workers live and work, and is there
substantial commuting) using Longitudinal Employer–Household Dynamics survey data
• Understanding the population with mobility issues, disability, on social security or supplemental
security, homeless or at-risk of homelessness, and elderly
The Team will develop preliminary analyses of factors related to who is seeking housing in the City of
Denton in terms of demographics (age, household size, race/ethnicity, seasonal or year-round residency,
etc.), and their financial resources and hurdles (income, jobs and employment location, mortgage
lending). This will include establishing income ranges that underlay demand for both low-income and
workforce housing, setting the stage, along with the MVA, for the complete HNA.
B. Data Analysis Report
The Team will develop an analysis of housing needs using a combination of quantitative data; qualitative
information and windshield surveys; and the MVA. The result will be an analysis of housing needs within
various demographic groups and locations (guided by MVA findings on market types).
Estimation of Total and Unmet Housing Needs
The Team will begin the analysis of Unmet Housing Needs using the most recent HUD Comprehensive
Housing Affordability Strategy (CHAS) data, which will illustrate who is paying a burdensome amount on
housing costs, living in overcrowded conditions, or living in inadequate conditions. Housing needs will be
analyzed by the following indicators and reported for each Census Tract, submarket area, place, and
county:
• Household Type and Age (small family, large family, singles and non-families, senior families,
and seniors living alone)
• Tenure (Rent versus Ownership)
• Income (using HUD income bands)
• Disability
• Race/Ethnicity
• Mortgage Status
• Foreclosure trends
Additionally, the Team will analyze lending practices based on HMDA data to identify foreclosure trends,
mortgage denials, and high risk lending practices.
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Affordable Housing Supply
The Team will analyze the availability of subsidized rental housing in the regional market, including
conditions and risk of conversion as provided by HUD. We also envision several conversations with
public and private entities that manage or develop affordable housing to understand the location, depth
of affordability, vacancy rates, and characteristics. As part of the HNA, the Team will identify areas that
may be at risk of losing affordable housing due to conversions and/or housing conditions.
Workforce Housing Needs
The Team will develop an analysis of workforce housing needs by examining local and regional
employment. The Bureau of Labor Statistics QCEW data will be used to analyze employment and wage
trends and growth industries in the region. This may be complemented with local or state employment
projections by occupation and wages.
We will categorize jobs by which jobs are expected to increase in demand over the next ten years, and
the housing needs and typical incomes associated with these jobs. We will then analyze what is
“affordable” for these workers and incorporate this information into the housing demand model. We
will also include HUD’s Transportation and Housing Affordability Index to understand if employees can
afford to live near their places of employment.
Finally, we will illustrate the gaps in affordability and supply based on consumer preferences and
incomes of top occupations. We present this information in a clear and meaningful way to communicate
what affordability means for the cashier, the policeman, and the salon worker.
The housing need and gap estimates will be analyzed and presented within the context of the MVA
typology, enabling the Team to draw clear and logical links between conditions and proposed solutions.
Demand Forecasts and Final MVA
The Team will produce long-term projections for future housing needs in the City of Denton in 5-year
increments for the next 20 years based on factors such as population trajectories, employment
forecasts, and housing market trends. The assessment of future needs will include the investigation of
units at risk of becoming unaffordable and what income groups are likely to be served by new, market-
rate housing development.
Housing Demand Model
The team understands that housing needs and housing demand are two distinct analyses. Housing
needs address affordability issues of current households who occupy a home; housing demand focuses
on how many new units are needed to meet future growth.
The Team will present a clear analysis of housing demand and discuss these differences in the
presentation and the report. We have an existing model for forecasting housing demand, which we will
review with the City and adjust as needed. It follows industry best practices, adjusting for existing
supply, obsoletion rates, and demand types by tenure, size and price point. The model will include the
following:
• Locally sourced regional population projections will be used with ESRI Business Analyst
projections to estimate future household growth;
• These projections will be compared to regional employment projections, and adjusted as
needed;
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• Estimated housing supply based on vacancy rates, obsoletion rates, building permit data, and
locally sourced real estate estimates to determine housing availability by tenure and price point;
• Cost profiles related to purchasing, renting, or maintaining housing will be developed to
understand how much house existing and future households can afford;
• Low and high growth scenarios over a five, ten, and twenty-year period;
• Projected demand will be estimated by bedroom count, tenure, and income group;
• Projected demand will include estimated demand for senior housing and accessible housing.
A key factor in determining the housing demand model will be the qualitative component of
understanding and incorporating recent trends into recommended unit types. We will use ESRI’s
tapestry profile, which categorizes demand by household types or submarkets, and support this with
national survey data available through academic studies and industry trade groups. Specifically, we see
the following national trends that may influence the City of Denton demand model:
• Many younger households are waiting longer to buy, preferring mobility and flexibility over
long-term homeownership;
• Millennials are moving to the suburbs to access housing that is affordable with good schools;
• There is percentage of renters has risen due to the recession and housing market collapse. This
is expected to continue, albeit at a slower rate.
• The greatest homebuying group are Millennials, followed by Baby Boomers, which impacts
future housing demand towards more rental housing, smaller units, and diverse housing types.
MVA: Final Model and Displacement Risk Ratio
Once sufficient stakeholder feedback is obtained and field validation is complete, the team will finalize
the MVA model for use in the HNA report document and by City decision makers. The Team will provide
the City of Denton with the underlying data and analysis results that produce the MVA so the City
Government (or any of its designees) can install and use the data in their own data systems. Policy will
also produce a memo documenting the MVA methodology, results, key characteristics of each market
type, and a description of how the MVA relates specifically to the HNA.
Policy’s Displacement Risk Ratio (DRR) will be used to provide insights on future housing supply gaps and
threats to affordability. The DRR is a tool to assess how home prices in an area change over time. The
DRR provides a way to determine whether home prices are rising fast enough to make it difficult for
longtime residents to stay due to increased costs (e.g., taxes, insurance, rent), or whether new residents
are likely to have similar economic means as longtime residents. Combining the DRR with the MVA adds
insights into the market direction and speed of change to the detailed snapshot of real estate conditions
across the City of Denton. The DRR is useful not just in locating accelerating markets but also in showing
the entire spectrum of change from rising risk of displacement to deterioration and disinvestment,
which can also lead to a decrease in habitable supply. The Team will calculate the DRR for all City of
Denton block groups and lay that over the MVA to refine projections of current and future supply gaps.
Housing Opportunity Index
To support the Decision Matrix, the Team will also develop an index identifying areas of opportunity
within the region that factors in quality of life indicators and the MVA. The primary goal will be to
identify neighborhoods in which families and children have access to decent schools, community
amenities, access to jobs, and are within stable neighborhoods, regardless of race, ethnicity, or personal
wealth. This approach will help to affirmatively further fair housing choice, and can guide the
development and affordable housing communities in determining where to increase housing supply. We
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will work with the City of Denton to collect information related to public transportation lines and school
performance, and separately collect information on employment hubs and public amenities to convey
neighborhoods that offer more opportunities for disadvantaged families.
The MVA was used effectively in combination with a similar opportunity index in support of the City of
Philadelphia’s 2016 Assessment of Fair Housing. Policy used the MVA as a tool to equalize places in
terms of the housing conditions, and then differentiate them by fair housing relevant categories (e.g.,
racial composition, level of integration/segregation, use of housing choice voucher, etc.). For example,
the MVA allowed for the classification of all neighborhoods in Philadelphia as strong, middle or
distressed markets. We then took all the city’s middle markets and differentiated them based on racial
demographics, and then compared various opportunity indices in high racial minority vs. low minority
middle markets. This provided an understanding of the relative contribution of race/ethnicity versus
economic in any inequities observed. As part of the HNA process, the Team will apply this fair housing
approach to prioritizing and locating particular interventions.
C. Resources and Strategies
The Team will develop recommendations and strategies as described in Section Three: Resources &
Strategies using a three-step process. First, the Team will review relevant existing local and state
ordinances and programs, including those that may amount to regulatory barriers to affordable housing
production or preservation. This review will address how significant these laws and programs are for
procedural and programmatic options available to the City of Denton. This step will be heavily informed
by stakeholder interviews.
Second, the Team will draw together the findings of the MVA and housing needs/gap assessment, along
with our understanding of the current regulatory environment, to develop a set of recommended
incentives, policies, and priorities that would be likely to meet specific demands related to number, size,
and price point of housing units.
Finally, the Team will develop implementation strategies around specific housing needs and
recommended interventions, including the identification of potential revenue sources and points of
legal or regulatory leverage. Recommended interventions will be differentiated across the different
market types identified in the MVA.
Policy has successfully used MVAs in other locations to achieve implementation goals similar to those
included in this RFP. The consolidated government of the City of Indianapolis and Marion County
recently used the MVA to develop a Neighborhood Investment Strategy (NIS) that devised a set of policy
tools appropriate to addressing housing needs and other issues in each of the neighborhood categories.
This effort included the adoption of new rules for awarding federal HOME and CDBG dollars to certain
types of housing-related projects in specified market types, and the identification of areas for focusing
on private or nonprofit sector incentives.
D. Final Products
Policy will facilitate at least two in-person MVA task force sessions to review and validate findings with a
core group of stakeholders. Additional MVA sessions could be conducted remotely via GoToMeeting to
limit travel costs.
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The results of the MVA, estimations of current and projected housing need gaps broken down by key
category (income group, unit size and cost, location, etc.), and policy recommendations will all be
included in the final Housing Needs Assessment document. The HNA will include a narrative description
of findings as well as illustrative tables, maps, and other graphics to clearly communicate housing gaps
in City of Denton.
Key Deliverables
Deliverable Description
Data Books All ACS, ESRI and HUD data provided in coded Excel files with Data
Dictionaries.
Housing Needs Assessment Draft HNA, five (5) copies of final HNA, draft presentation, final
presentation, and Executive Summary handout.
Housing Market Demand Model and
Figures
Housing Demand Model in Excel including all methodology
descriptions and equations.
Market Value Analysis Geographic and tabular data files in format compatible with local
systems, stakeholder meeting presentations, methodology memo,
and brief report designed for the broader public describing the
identified City of Denton market types.
Housing Conditions Survey and
Analyzed Results
Excel Housing Conditions survey and analyzed results.
GIS Maps – Socioeconomic,
Housing, and Employment
Indicators
GIS and PDF versions of all maps used for the demographic,
housing and MVA analysis.
Areas of Opportunity Index Excel and SQL database of Areas of Opportunity Index, including
algorithm weighting factors and Data Dictionary.
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Cost
Atria Reinvestment Fund Total
Hours Total Task RF Proj Mgmt RF Hours Total Hours Total
Deliverable A - Work Plan and Preliminary Data Collection 7 $775 $4,843 1,470$ 30.00 37.00 6,313$ 7,088$
Identify Indicators and Sources 3 $325
Acquire Data for Housing Needs Assessment and MVA 3 $325 $4,843 30
Finalize Work Plan, Schedule, Mapping Process 1 $125
Define communications process, stakeholders, committee if applicable 0 $0
Deliverable B - Data Analysis Report 168 $20,000 $25,316 1,427$ 158.00 326.00 26,743$ 46,743$
Process/Map Initial Data for Housing Needs and MVA 28 $2,900 $6,457 40
MVA Task Force Kickoff and Initial Data Validation 0 $0 $6,269 40
GIS Maps and Data Books for Baseline Analysis 28 $2,800
Demographic/Economic Data Analysis for Housing Needs 40 $4,400
MVA Model Development 0 $0 $2,260 14
Analysis of Subsidized Housing Supply/Housing At Risk/DRR 12 $1,900 $2,260 14
Housing Needs Assessment 60 $8,000
MVA Field Validation and 2nd MVA Task Force Meeting 0 $0 $8,071 50
Atria Reinvestment Fund Total
Hours Total Task RF Proj Mgmt RF Hours Total Hours Total
Deliverable C - Resources and Strategy 30 $8,425 $13,963 1,470$ 86.50 116.50 15,433$ 23,858$
Housing Demand Model (20-year scenario)30 $3,150
Finalize MVA Model/Additional Field Validation & Task Force Meeting 0 $0 $4,843 30
Program/Policy Tools 2 $250 $4,197 26
Area of Opportunity Index 36 $3,900
Financial/Regulatory Implementation Strategies 2 $250 $1,695 10.5
Tailor Recommendations Based on MVA Results 0 $0 $3,228 20
Decision Matrix for Proposed New Developments 7 $875
Deliverable D - Final Products in Prescribed Format 87 $10,875 $6,097 $1,470 40.50 127.50 $7,567 $18,442
Draft Report Outline 7 $875
Draft Report 40 $5,000 $4,036 25
Three Public Meetings on Draft Report 12 $1,500
Produce Final Report Reflecting Public Feedback 24 $3,000
Final MVA Documentation and Data Files 0 $0 $2,062 15.5
Final Public Meeting 4 $500
TOTAL 624 $40,075 $50,219 $5,837 315.00 607.00 $56,056 96,131$
Travel Expenses $3,828 $3,828 $3,828
GRAND TOTAL $43,903 $59,884 99,959$
DocuSign Envelope ID: 65011FC7-B76D-4564-B315-093F5819670D
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Travel Expenses
Car
Rental TOTAL
Trip 1 - Kickoff (one day) 50 730
Trip 2 - Windshield Survey (two days) 150 1069
Trip 3 - Stakeholder Meeting Initial Findings Review 200 1299
Trip 4 - Final Presentation (one day) 50 730
Expenses 3828
Rates
2020
Staff Rate
Policy Director $235.19
Senior Policy Analyst $161.42
Policy Analyst $133.02
DocuSign Envelope ID: 65011FC7-B76D-4564-B315-093F5819670D
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Estimated Timeline
Month
One
Month
Two
Month
Three
Month
Four
Month
Five
Week 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4
Deliverable A - Work Plan and
Preliminary Information
Gathering
Identify Indicators and Sources
Acquire Data for Housing Needs
Assessment and MVA
Finalize Work Plan, Schedule,
Mapping Process
Define communications process,
stakeholders, committee if
applicable
Deliverable B - Data Analysis
Report
Process/Map Initial Data for
Housing Needs and MVA
MVA Task Force Launch and
Initial Data Validation
GIS Maps and Data Books for
Baseline Analysis
Demographic/Economic Data
Analysis for Housing Needs
MVA Model Development
Analysis of Subsidized Housing
Supply/Housing At Risk/DRR
Housing Needs Assessment
MVA Field Validation and 2nd
MVA Task Force Meeting
Deliverable C - Resources and
Strategies
Housing Demand Model (20-year
scenario)
DocuSign Envelope ID: 65011FC7-B76D-4564-B315-093F5819670D
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Month 1 Month 2 Month 3 Month 4 Month 5
Week 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4
Finalize MVA Model/Additional
Field Validation & Task Force
Meeting
Program/Policy Tools
Area of Opportunity Index
Financial/Regulatory
Implementation Strategies
Tailor Recommendations Based
on MVA Results
Decision Matrix for Proposed
New Developments
Deliverable D - Final Products in
Prescribed Format
Draft Report Outline
Draft Report
Final MVA Documentation and
Data Files
Final Meeting
DocuSign Envelope ID: 65011FC7-B76D-4564-B315-093F5819670D
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 relat ionship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Sec tion 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 s ection is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business
day after the date on which you became aware that the 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 gov ernment 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
DocuSign Envelope ID: 65011FC7-B76D-4564-B315-093F5819670D
G
REINVESTMENT FUND, INC
X
None
X
Crystal Westbrook
X
X
1/23/2020
Certificate Of Completion
Envelope Id: 65011FC7B76D4564B315093F5819670D Status: Sent
Subject: Please DocuSign: City Council Contract 7155-Affordable Housing Assessment
Source Envelope:
Document Pages: 49 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 1 Crystal Westbrook
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901B Texas Street
Denton, TX 76209
crystal.westbrook@cityofdenton.com
IP Address: 129.120.6.150
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1/21/2020 10:16:08 AM
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Buyer
City of Denton
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President, Policy Solutions
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-309,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the City Manager to execute an agreement with Stryker Sales Corporation through the National Association of
State Procurement Officials (NASPO)Number #OK-SW-300,for the purchase of Mechanical Chest
Compression Devices and LifePak Items for the City of Denton Fire Department;authorizing the expenditure
of funds therefor;and declaring an effective date (File 7171 -award an agreement with Stryker Sales
Corporation, in the not-to-exceed amount of $200,000).
City of Denton Printed on 2/7/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
CFO: Antonio Puente, Jr.
DATE: February 11, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager to execute an agreement with Stryker Sales Corporation through the National
Association of State Procurement Officials (NASPO) Number # OK-SW-300, for the purchase of
Mechanical Chest Compression Devices and LifePak Items for the City of Denton Fire Department;
authorizing the expenditure of funds therefor; and declaring an effective date (File 7171 – award an
agreement with Stryker Sales Corporation, in the not-to-exceed amount of $200,000).
INFORMATION/BACKGROUND
During FY 2019-18, the Fire Department responded to 15,824 calls, of which 66% were related to
emergency medical services. The Fire Department frequently responds to persons in cardiac arrest and
initiates CPR (Cardiopulmonary Resuscitation). CPR is continued at the scene for a minimum of 10 minutes
prior to moving the patient, the entire way to the hospital which is not an ideal environment and can be
dangerous to perform manual CPR, and CPR continues with our help frequently in the hospital. The total
time currently equates to 30 to 40+- minutes of manual CPR performed by our firefighters.
Time is critical in rescue; and effective CPR is very difficult to achieve manually when fatigue can occur
in as little as 1-2 minutes while trying to maintain at least 2 inches/5 cm depth compressions at a minimum
rate of 100 compressions per minute. In a rescue situation, a chest compression device when used as a
complement to manual CPR, provides extended CPR with minimal interruptions when fatigue, insufficient
personnel, or patient transport (e.g., ambulance, intra-hospital) may inhibit the delivery of
effective/consistent chest compressions to the patient.
The American Heart Association continues to emphasize the importance of continuous high-quality CPR
with increased outcomes of ROSC (Return of Spontaneous Circulation). The Safety concerns to Fire
Department Personnel include ergonomic issues with prolonged and repeated stress from compressions.
Paramedics are in a bent position and delivering an approximate two-inch compression at a desired rate of
100 – 120 compressions a minute. This safety issue is compounded during transport when CPR is
administered while standing in a moving ambulance.
The Fire Department utilizes the LifePak brand defibrillator. All Fire Department apparatus are classified
as ALS units. Each front line fire and medical vehicle is equipped with a LifePak. Reserve vehicles are also
equipped with LifePaks and it is the leader in defibrillator equipment. Consistency in equipment is vital to
the effective and efficient deployment of services. The equipment is interchangeable between all Fire
Department apparatus. This also allows streamlined training and proficiency on the equipment.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Pricing obtained through the National Association of State Procurement Officials (NASPO) has been
competitively bid and meets the statutory requirements of Texas Local Government Code 271.102.
RECOMMENDATION
Award a contract with Stryker Sales Corporation, for the purchase of Mechanical Chest Compression
Devices and LifePak Items for the City of Denton Fire Department, in a not-to-exceed amount of $200,000.
PRINCIPAL PLACE OF BUSINESS
Stryker Sales Corporation
Portage, MI
ESTIMATED SCHEDULE OF PROJECT
Delivery of the items will occur within 90 days after receipt of order.
FISCAL INFORMATION
These items will be funded from CPR Acquisition Material account 300090469.1350.30100. Requisition
#144895 has been entered into the Purchasing software system in the amount of $142,171.38. The budgeted
amount for this item is $200,000.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Price List
Exhibit 3: Ordinance and Addendum
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Kenneth Hedges, 940-349-8830.
Legal point of contact: Mack Reinwand at 940-349-8333.
Offeror Name Physio-Control, Inc.
Catalogue Discount Various *Category Options Listed Below:
Category I - Public Access and Infrequent User AEDs
AED Device Model:
Various - Please see Category I
and Category II AEDs below Category II - First Responder AEDs
AED Device Category*:Category I/Category II Category III - Professional Defibrillators
AED Device Unit Cost:Various
AED Device Extended Warranty Cost:N/A
AED Device Service Plan Cost (Bi-Annual):Various
Market Basket Items for Bid Device
Item Name Item Model Cost Per Unit Notes
LIFEPAK 15 Trending, 12-Lead ECG, Bluetooth 99577-001368 $20,640.75 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Masimo SpO2, NIBP, EtCO2, 2 Invasive Pressure Channels, Bluetooth 99577-001959 $23,015.85 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Masimo SpO2, SpCO, NIBP, EtCO2, Bluetooth 99577-001952 $23,929.35 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Masimo SpO2, NIBP, 12-Lead ECG, EtCO2, Bluetooth 99577-001955 $27,400.65 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Masimo SpO2, SpCO, NIBP, 12-Lead ECG, EtCO2, Bluetooth 99577-001957 $30,415.20 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Masimo SpO2, SpCO, SpMet, NIBP, 12-Lead ECG, EtCO2, Bluetooth 99577-001588 $33,429.75 Category III - Professional Defibrillators
LIFEPAK 15 Bluetooth 99577-001939 $12,419.25 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Masimo SpO2, NIBP, Bluetooth 99577-001945 $16,621.35 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Masimo SpO2, EtCO2, Bluetooth 99577-001944 $18,631.05 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Masimo SpO2, NIBP, EtCO2, Bluetooth 99577-001950 $20,914.80 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Masimo SpO2, NIBP, 12-Lead ECG, Bluetooth 99577-001953 $24,842.85 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Masimo SpO2, EtCO2, 12-Lead ECG, Bluetooth 99577-001943 $25,939.05 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Masimo SpO2, NIBP, 2 Invasive Pressure Channels, Bluetooth 99577-001947 $19,179.15 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Masimo SpO2, NIBP, 12-Lead ECG, EtCO2, 2 Invasive Pressure
Channels, Bluetooth 99577-001960 $29,136.30 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Masimo SpO2, SpCO, NIBP, 12-Lead ECG, EtCO2, 2 Invasive Pressure
Channels, Bluetooth 99577-001962 $32,150.85 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Masimo SpO2, SpCO, SpMet, NIBP, 12-Lead ECG, EtCO2, 2 Invasive
Pressure Channels, Bluetooth 99577-001372 $35,165.40 Category III - Professional Defibrillators
LIFEPAK 15 Nellcor and Masimo SpO2, Bluetooth 99577-001941 $14,520.30 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Nellcor and Masimo SpO2, NIBP, Bluetooth 99577-001946 $17,169.45 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Nellcor and Masimo SpO2, NIBP, 2 Invasive Pressure Channels,
Bluetooth 99577-001948 $19,727.25 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Nellcor and Masimo SpO2, NIBP, EtCO2, Bluetooth 99577-001951 $21,462.90 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Nellcor and Masimo SpO2, NIBP, 12-Lead ECG, EtCO2, Bluetooth 99577-001964 $27,948.75 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Nellcor and Masimo SpO2, NIBP, 12-Lead ECG, EtCO2, 2 Invasive
Pressure Channels, Bluetooth 99577-001963 $29,684.40 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Nellcor and Masimo SpO2, NIBP, EtCO2, 2 Invasive Pressure Channels,
Bluetooth 99577-001966 $23,198.55 Category III - Professional Defibrillators
LIFEPAK 15 Trending, SpO2, NIBP, 12-Lead ECG, EtCO2, Bluetooth, Temp 99577-001956 $28,542.09 Category III - Professional Defibrillators
LIFEPAK 15 Trending, SpO2, SpCO, NIBP, 12-Lead ECG, EtCO2,Bluetooth, Temp 99577-001958 $31,556.64 Category III - Professional Defibrillators
LIFEPAK 15 Trending, SpO2, SpCO, SpMet, NIBP, 12-Lead ECG, EtCO2, Bluetooth, Temp 99577-001373 $34,571.19 Category III - Professional Defibrillators
LIFEPAK 15 Standard 99577-001930 $12,419.25 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Masimo SpO2, SpCO, NIBP 99577-001931 $19,635.90 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Masimo SpO2, NIBP,EtCO2 99577-001932 $20,914.80 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Masimo SpO2, NIBP,12-Lead 99577-001933 $24,842.85 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Masimo SpO2, NIBP, 12-Lead, EtCO2 99577-001934 $27,400.65 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Masimo SpO2, SpCO, NIBP, 12-Lead, EtCO2 99577-001935 $30,415.20 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Masimo SpO2, SpCO, SpMet NIBP, 12-Lead, EtCO2 99577-001936 $33,429.75 Category III - Professional Defibrillators
LIFEPAK 15 Trending, SpO2, SpCO, NIBP, 12-Lead ECG, EtCO2, Temperature 99577-001938 $31,556.64 Category III - Professional Defibrillators
LIFEPAK 15 Trending, Masimo SpO2, SpCO, SpMet, NIBP, 12-Lead, EtCO2, 2 Invasive
Pressure Channels 99577-001937 $35,165.40 Category III - Professional Defibrillators
Bundle: LIFEPAK 15 w/ ACPA (Trending, Masimo SpO2, EtCO2, BT)81700-000005 $20,431.08 Category III - Professional Defibrillators
Bundle: LIFEPAK 15 w/ ACPA (Trending, Masimo SpO2, SpCO, NIBP, 12-Lead ECG, EtCO2,
BT)81700-000004 $32,215.23 Category III - Professional Defibrillators
Bundle: LIFEPAK 15 w/ ACPA (Trending, SpO2, SpCO, NIBP, 12-Lead ECG, EtCO2, BT, Temp)81700-000002 $33,356.67 Category III - Professional Defibrillators
Bundle: LIFEPAK 15 w/ ACPA (Trending, Masimo SpO2, SpCO, SpMet, NIBP, 12-Lead ECG,
EtCO2, 2 IP Channels)81700-000001 $36,965.43 Category III - Professional Defibrillators
Bundle: LIFEPAK 15 w/ ACPA (Standard)81700-000007 $14,219.28 Category III - Professional Defibrillators
Bundle: LIFEPAK 15 w/ ACPA (Trending, Masimo SpO2, NIBP, EtCO2)81700-000003 $22,714.83 Category III - Professional Defibrillators
ADDENDUM EXHIBIT 1 (ONE)
Bundle: LIFEPAK 15 w/ ACPA (Trending, Masimo SpO2, SpCO, SpMet, NIBP, 12-Lead ECG ,
EtCO2, 2 IP Channels)81700-000006 $36,965.43 Category III - Professional Defibrillators
LIFEPAK 20e Defibrillator/Monitor 70507-000061 $7,738.65 Category III - Professional Defibrillators
LIFEPAK 20e Defibrillator/Monitor with Pacing Package 70507-000080 $8,869.65 Category III - Professional Defibrillators
LIFEPAK 20e Defibrillator/Monitor with Pacing and SpO2 Package (Masimo)70507-000091 $10,000.65 Category III - Professional Defibrillators
LIFEPAK 20e Defibrillator/Monitor with Pacing and SpO2 Package (Masimo and Legacy
Nellcor enabled))70507-000081 $10,348.65 Category III - Professional Defibrillators
LIFEPAK 20e Lithium-ion Rechargeable Internal Battery 11141-000112 $251.60 Category III - Professional Defibrillators
Bundle: LIFEPAK 20e w/ CodeManagement Module (Wireless)81701-000001 $9,000.15 Category III - Professional Defibrillators
Bundle: LIFEPAK 20e (Pacing) w/ CodeManagement Module (Wireless)81701-000002 $10,131.15 Category III - Professional Defibrillators
Bundle: LIFEPAK 20e (Pacing & Masimo SpO2) w/ CodeManagement Module (Wireless)81701-000003 $11,262.15 Category III - Professional Defibrillators
Bundle: LIFEPAK 20e (Pacing & Masimo/Legacy Nellcor SpO2) w/ CodeManagement
Module (Wireless)81701-000004 $11,610.15 Category III - Professional Defibrillators
Bundle: LIFEPAK 20e w/ CodeManagementModule (Wireless & EtCO2)81701-000005 $11,653.65 Category III - Professional Defibrillators
Bundle: LIFEPAK 20e (Pacing) w/ CodeManagement Module (Wireless & EtCO2)81701-000006 $12,784.65 Category III - Professional Defibrillators
Bundle: LIFEPAK 20e (Pacing and Masimo SpO2) w/ CodeManagement Module (Wireless &
EtCO2)81701-000007 $13,915.65 Category III - Professional Defibrillators
Bundle: LIFEPAK 20e (Pacing & Masimo/Legacy Nellcor SpO2) w/ CodeManagement
Module
(Wireless & EtCO2)81701-000008 $14,263.65
Category III - Professional Defibrillators
LIFEPAK 20e Defibrillator CodeManagement Module - Wireless 11150-000018 $1,261.50 Category III - Professional Defibrillators
LIFEPAK 20e Debibrillator ModeManagement Module - Wireless & with Capnography 11150-000019 $3,915.00 Category III - Professional Defibrillators
Carry Case for LIFEPAK 20/20e Defibrillator with Module 11260-000045 $189.66
CodeManagement Module Lithium Ion Battery 11141-000162 $206.19
LIFEPAK 1000 Graphical Display Standard Setup w/carry case, battery & electrodes 99425-000023 $2,180.00 Category II - First Responder AEDs
LIFEPAK 1000 ECG Display, Standard Setup w/carry case, battery & electrodes 99425-000025 $2,516.25 Category II - First Responder AEDs
LP1000 Trainer 99996-000117 $879.75
LMnO2 Non-Rechargeable Battery 11141-000100 $313.65
Rechargable Battery Replacement for LP1000 11141-000161 $362.95
Rechargable Li-ion Battery for LP1000- only available with purchase of new LP1000 device 11141-000160 $58.65
Battery charger for the LIFEPAK 1000 (must be used with rechargeable battery)11140-000085 $390.15
BAG ASSEMBLY, NO STRAP,LIFEPAK 1000 11425-000007 $119.85
LIFEPAK 1000 Hard shell, watertight carrying case 11260-000023 $291.55
LIFEPAK 1000 Replacement Shoulder Strap for carry case 11425-000012 $37.40
3-Wire ECG Cable 11111-000016 $215.05
Accessory pounch for 3-wire cable and/or other accessories 11425-000001 $56.10
Clip-on Training Electrodes for use with QUIK-COMBO Patient Simulator 11250-000052 $61.20
Quick Reference Instruction Card LIFEPAK 1000 26500-002156 $5.95
LIFEPAK CR Plus AED Kit Semi-automatic AHA voice prompt 80403-000148 $1,536.50 Category I - Public Access and Infrequent User AEDs
LIFEPAK CR Plus AED Kit Fully automatic AHA voice prompt 80403-000149 $1,676.50 Category I - Public Access and Infrequent User AEDs
LIFEPAK Express Semi-automatic. Incl 1 pair of QUIK-Pak electrodes 80427-000134 $1,271.25 Category I - Public Access and Infrequent User AEDs
LIFEPAK CR Plus Hard shell carry case 11260-000015 $225.25
LIFEPAK CR Plus Carrying case 21300-004576 $63.75
LIFEPAK CR Plus Replacement Kit for Charge-Pak 2 sets of electrodes 11403-000001 $104.55
LIFEPAK CR Plus Replacement Kit for Charge-Pak 1 set of electrodes 11403-000002 $87.55
Wall mount bracket for LIFEPAK CR Plus 11210-000021 $90.95
CENTRAL ALARM SWITCH for CR Plus 21300-006587 $48.45
LIFEPAK CR Plus Training System 11250-000073 $325.55
LIFEPAK CR Plus Training System replacement carry case 11260-000014 $33.15
LIFEPAK CR Plus Training System replacement training electrodes 11250-000015 $35.70
LIFEPAK CR Plus Operating Instructions: LIFEPAK CR Plus Training System 26500-001156 $15.30
LIFEPAK CR Plus Service Manual CD Rom 26500-001421 $68.00
LIFEPAK CR Plus Replacement shoulder strap for carry case 21300-004579 $13.60
HeartSine SAM 350P AED 80514-000263 $949.00 Category I - Public Access and Infrequent User AEDs
HeartSine SAM 450P AED 80515-000002 $1,325.00 Category I - Public Access and Infrequent User AEDs
USB Data Download Cable - HeartSine 11516-000018 $31.45
AED Wall Sign - HeartSine 11516-000020 $27.20
CPR prep kit - HeartSine 11516-000021 $28.05
Carry Case for HeartSine AED 11516-000022 $46.75
Backpack for HeartSine AED 11516-000114 $124.10
HeartSine AED Pelican case with insert 11516-000010 $133.45
Wall Bracket for HeartSine AED 11516-000023 $71.40
HeartSine Wall Cabinet with Alarm 11516-000024 $130.90
US Adult Pad-Pak for HeartSine AEDs 11516-000003 $149.60
US Pediatric-Pak for HeartSine AEDs 11516-000004 $177.65
Aviation Pad-Pak for HeartSine AEDs 11516-000027 $163.20
HeartSine SAM 350P AED Trainer 11516-000059 $357.00
HeartSine SAM 450P AED Trainer 11516-000092 $357.00
HeartSine AED Trainer Electrodes - 25 11516-000011 $63.75
HeartSine AED Trainer Electrodes - 10 11516-000009 $28.05
HeartSine Trainer battery charger 11516-000012 $27.20
SAM 350P AED Trainer Remote Control 11516-000014 $130.90
SAM 450P AED Trainer Remote Control 11516-000001 $130.90
Pad-Pak Electrode Cartridge for Trainer 11516-000017 $42.50
LUCAS 2, 2.1 SW Chest Compression System 99576-000024 $13,241.40
LUCAS 2, 2.2 SW Chest Compression Training unit 99576-000020 $8,221.50
LUCAS 3.0 Chest Compression System 99576-000043 $13,876.50
Training Unit LUCAS 3.0. Non Clinical device for training purposes only.99576-000042 $8,221.50
LUCAS 2 Rubber Bumper 11576-000070 $36.55
LUCAS 1 Regulator 11996-000285 $539.75
LUCAS 1 Carry Bag (Backpack)11576-000035 $501.50
LUCAS 1 Extention Hose 21996-000061 $290.70
LUCAS 1 Connector - Chemtron Air 11996-000278 $314.50
LUCAS 1 Connector - Ohmeda Air 11996-000279 $314.50
LUCAS 1 Connector - Puritan Bennet Air 11996-000280 $314.50
LUCAS 1 Connector - Diss Air 11996-000281 $314.50
LUCAS 1 Connector - Schrader Air 11996-000282 $314.50
LUCAS 1 Connector - Oxequip Air 11996-000283 $314.50
LUCAS PCI BACK PLATE 11576-000064 $2,992.00
LUCAS Back Plate 21996-000044 $322.15
Back Plate Grip Tape 11576-000052 $38.25
Back Plate Grip Tape (3 pack)11576-000053 $97.75
Patient Strap (Secures patient's arms to support legs of LUCAS - 1pr)11576-000050 $86.70
Patient Strap (secures patient's arms to support legs of LUCAS - 3 pack)11576-000051 $229.50
LUCAS 2 Carrying Bag 11576-000038 $292.40
LUCAS 2 Disposable Suction Cup (3 pack)11576-000046 $119.00
LUCAS 2 Disposable Suction Cup (12 pack)11576-000047 $423.30
LUCAS 2 Stand-alone Battery Charger 11576-000060 $994.50
LUCAS 2 Battery - Rechargeable Lithium Polymer (LiPo) 11576-000039 $605.20
LUCAS 2 12V Car Cable 11576-000048 $120.70
LUCAS Carrying Case, Hard Shell 11576-000081 $382.50
LUCAS 3 Battery - Dark Grey - Rechargeable LiPo 11576-000080 $605.20
LUCAS Stabilization Strap 21576-000074 $78.20
LUCAS Stabilization Strap (4 pack)21576-000075 $250.75
LUCAS Slim Back Plate 11576-000088 $335.75
Grip Tape, LUCAS Slim Back Plate 11576-000089 $23.80
Grip Tape (3-pack), LUCAS Slim Back Plate 11576-000090 $57.80
LUCAS 3 Bumpers (Black)11576-000091 $35.70
LUCAS 3.0 Instructions for Use, Replacement, EN 26500-003716 $34.00
LUCAS 2, 2.0 SW, INSTRUCTION FOR USE, EN 26500-003084 $34.85
LUCAS 2, 2.1 Chest Compression System - Instructions for Use, U.S. English 26500-003434 $34.85
Patient Strap (each)11576-000036 $90.10
AED Trainer new style training electrodes (5 pr)11101-000003 $37.40
AED training electrode set - (5pr), cable & pouch 11101-000004 $63.75
Cable/connector assembly/pouch for Adult AED training electrodes 11101-000006 $28.90
Replacement infant/child AED training electrodes 11250-000042 $36.55
Cable/connector assembly/pouch for infant/child AED training electrodes 11250-000043 $42.50
Infant/child AED training electrodes training set 11250-000045 $63.75
TrueCPR Coaching Device 80596-000003 $1,561.65
TrueCPR Carry Case 11260-000044 $66.12
McGRATH MAC EMS Video Laryngoscope 11996-000393 $2,392.50
McGRATH 3.6V EMS Battery 11996-000394 $52.20
McGRATH MAC 2 Laryngoscope Blades, Box of 10 11996-000414 $139.20
McGRATH MAC 3 Laryngoscope Blades, Box of 10 11996-000415 $139.20
McGRATH MAC 4 Laryngoscope Blades, Box of 10 11996-000416 $139.20
McGRATH X3 Laryngoscope Blades, Box of 10 11996-000398 $243.60
Wall Cabinet - Semi-recessed for AED, 3" Trim 11998-000292 $277.10
Wall Cabinet - Fully-recessed for AED, 1.5" Trim 11998-000293 $236.30
Wall Cabinet, standard, surface mount, SS 11220-000076 $476.00
Wall Cabinet, standard, semi-recessed, SS 11220-000077 $429.25
Wall Cabinet, small, fully recessed, SS 11220-000078 $408.00
AED Wall Cabinet with alarm, fire rated - semi-recessed, rolled edges 11210-000026 $408.00
AED Wall Cabinet with alarm and strobe -surface mount, rolled edges 11220-000083 $347.65
AED Wall Cabinet with alarm - surface mount, rolled edges 11220-000079 $283.05
AED Wall Cabinet with alarm, fire rated - recessed, square edges 11210-000027 $388.45
AED Wall Cabinet with alarm and strobe - surface mount, rolled edges 11220-000084 $497.25
AED Floor Stand Cabinet with alarm- White 11210-000028 $960.50
AED Floor Stand Cabinet with alarm- Grey 11210-000029 $998.75
AED Wall Sign Ilcor w/logo, Flat,8x10 11998-000327 $22.10
AED Wall Sign Ilcor w/logo, T-mount, 8x10 11998-000328 $30.60
AED Wall Sign Ilcor w/logo, Tent, 7x8 11998-000329 $30.60
AED Wall Sign Traditional w/logo, Flat, 8x10 11998-000330 $22.10
AED Wall Sign Traditional w/logo, T-mount, 8x10 11998-000331 $30.60
AED Wall Sign Traditional w/logo, Tent, 7x8 11998-000332 $30.60
AED Wall Sign Traditional w/o logo, T-mount, 8x10 11998-000333 $30.60
AED Instruction Card (laminated easy reference)26500-000185 $5.95
Ambu Res-Cue Key First Responder Kit 11998-000320 $32.30
Ambu Res-Cue Mask First Responder Kit 11998-000321 $39.95
LIFEPAK 500 AED Training System 11250-000096 $561.00
LP500 SLA Battery 11141-000158 $289.85
LP500 Battery Replacement kit 11141-000159 $311.10
Wall mount bracket for AED 11210-000001 $103.70
LIFEPAK 500 Complete soft shell carrying case 11998-000014 $146.20
LIFEPAK 500 Hard-shell carrying case (Pelican)11998-000021 $337.45
LIFEPAK 500T Replacement carry case 11250-000004 $69.70
LIFEPAK 500T Replacement simulated battery pak 11250-000006 $33.15
LIFEPAK 500 Service Manual CD-Rom 26500-000036 $73.10
LIFEPAK 500T Operating Instructions 26500-001008 $10.20
LIFEPAK 500 DPS complete soft shell carrying case with "stealth" surface 21330-001058 $184.45
LIFEPAK 500 In-service Video 26500-000037 $15.30
LIFEPAK 500 rechargeable sealed lead acid battery pak 11141-000002 $190.40
Setup Transfer cable for LIFEPAK 500 11110-000050 $59.50
External Modem for connection to LIFEPAK 500 11150-000010 $285.60
Battery pouch for the LIFEPAK 500 11220-000025 $56.95
Power Adapter extension cable for LIFEPAK 12 power adapter 11110-000051 $124.95
BSS2 wall mount bracket 11210-000002 $111.35
LIFEPAK 20 NiMH rechargeable internal battery 11141-000068 $153.85
LIFEPAK NiCd Battery with fuel gauge 1.6amp hrs 11141-000149 $286.45
LIFEPAK SLA Battery 11141-000028 $215.05
Station Battery Charger - For the LP15 11577-000004 $1,581.00
Mobile Battery Charger - FOR THE LP15 11577-000011 $1,721.25
LP15 Lithium-ion Battery 5.7 amp hrs 21330-001176 $398.65
LIFEPAK 12 Li-ion Battery 11141-000106 $383.35
REDI-CHARGE Base 11141-000115 $1,292.00
LIFEPAK 12 REDI-CHARGE Adapter Tray 11141-000116 $169.15
LIFEPAK 15 REDI-CHARGE Adapter Tray 11140-000052 $175.10
AC Power Adapter 11140-000072 $1,432.25
DC Power Adapter 11140-000074 $1,742.50
LP15 Power Attachment Kit 11577-000019 $49.30
AC Power Cord 11140-000015 $68.85
Extension Cable (5ft 3 in)11140-000080 $257.55
Right angle cable (10in) included with ACPA & DCPA 11140-000081 $257.55
Cable DC Input LP15 Battery Charger 11996-000375 $67.15
LIFEPAK 12 Basic carry case w/strap, right & left pouches 11260-000030 $281.35
LIFEPAK 12 Carry case back pouch - expandable 11260-000029 $76.50
LIFEPAK 12 Replacement carry case right pouch 21300-007203 $79.05
LIFEPAK 12 Replacement carry case left pouch 21300-007201 $86.70
LIFEPAK 12 Carry case base & side supports 21300-006361 $131.75
LIFEPAK12 Shoulder Strap replacement 11260-000037 $31.45
LIFEPAK 12 Front cover 11220-000033 $37.40
LIFEPAK 12 Removable acrylic screen shield 11998-000063 $45.90
Top Pouch for the LP12/LP15 11220-000028 $48.45
Carrying Case of the LIFEPAK 12 with AC Power Adapter 11260-000032 $298.35
Carrying Case for the LIFEPAK 12 with Voice Recorder 11260-000033 $298.35
Right Pouch Replacement (Note: Included with basic case)21300-007203 $79.05
LIFEPAK 15 Basic carry case w/ right & left pouches 11577-000002 $272.00
LIFEPAK 15 Carry case back pouch 11260-000039 $69.70
LIFEPAK 15 Shoulder strap 11577-000001 $31.45
LP15 bed Connector 11996-000374 $128.35
QUIK-COMBO Accessory pouch for LP20 11260-000016 $51.85
LP20 Basic Carry Case 11260-000018 $136.00
LP20 Top Pouch 11260-000043 $54.40
ASSY-LP20 DOCKING STATION 21330-000996 $323.85
Surface mount bracket 11996-000309 $964.75
Standard hard paddles for use w/LIFEPAK 12 11130-000001 $637.50
LIFEPAK 20E Standard Adult Detachable Hard Paddles 11130-000037 $824.50
Standard hard paddles for use w/LIFEPAK 15 11130-000061 $731.00
Pediatric paddle, external 1ea (2 required) multi-language 11133-000007 $80.75
Internal paddle handles w/discharge control for use with LIFEPAK 12 or LIFEPAK 20 11131-000001 $544.00
Internal paddles - 1" size (6.25" shaft length)11131-000010 $147.90
Internal paddles - 1.5" size (6" shaft length)11131-000011 $147.90
Internal paddles - 2" size (5.75" shaft length)11131-000012 $147.90
Internal paddles - 2.5" size (5.75" shaft length)11131-000013 $147.90
Internal paddles - 3.5" size (5" shaft length)11131-000014 $147.90
Internal paddles - 2.5" size (8.5" shaft length)11131-000019 $147.90
Internal paddles - 1.5" size (9" shaft length)11131-000021 $147.90
Internal paddles - 2" size (8.75" shaft length)11131-000022 $147.90
Internal paddles - 3.5" size (8" shaft length)11131-000023 $147.90
Internal paddles - 1.5" size (14.25" shaft length)11131-000024 $147.90
LIFEPAK 15 internal paddles adapter cable 11998-000326 $254.15
Signagel, gel 21300-005847 $4.25
QUIK-COMBO therapy cable for use w/LIFEPAK 12 or LIFEPAK 20 11110-000040 $329.80
QUIK-COMBO therapy cable for use w/LIFEPAK 15 11113-000004 $329.80
12 Lead ECG, Precordial Leads (AHA)11111-000022 $127.50
8ft Trunk cable with AHA limb leads 11111-000020 $319.60
5ft Trunk cable with AHA limb leads 11111-000018 $316.20
4-Wire Cable Comb (10- Pack)21300-008054 $47.60
6-Wire Cable Comb (10- Pack)21300-008055 $47.60
3-lead ECG cable for LIFEPAK 12 or LIFEPAK 20 11110-000029 $120.70
5-Lead ECG Cable for LIFEPAK 12 or LIFEPAK 20 11110-000066 $215.05
ECG printer paper, 50mm x 30m 3rolls/bx (1-49)11240-000013 $17.00
Strip chart recorder paper, 100mm 2rolls/bx (1-23)11240-000016 $17.85
Modem cable - 6' LIFEPAK 12 to external modem 11150-000007 $110.50
Modem door assembly 11150-000009 $59.50
Internal modem (pc card modem)11150-000015 $294.95
Serial port cable 11230-000020 $137.70
LP20 Serial Port Cable 11230-000018 $106.25
LP20 Configuration Transfer Cable 11230-000019 $106.25
LIFEPAK 12 NIBP Hose, coiled 9' 11996-000392 $52.70
LIFEPAK 12 NIBP Hose, 9'11996-000391 $52.70
LIFEPAK 12 NIBP Hose, 12'11996-000390 $52.70
LIFEPAK 15 NIBP Hose, 9' coiled 21300-008148 $52.70
LIFEPAK 15 NIBP Hose, 9'21300-008147 $52.70
LIFEPAK 15 NIBP Hose, 12'21300-008146 $52.70
NIBP Cuff-Reusable, Infant 11160-000011 $17.85
NIBP Cuff-Reusable, Child 11160-000013 $20.40
NIBP Cuff-Reusable, Adult 11160-000015 $25.50
NIBP Cuff-Reusable, Lg Adult 11160-000017 $28.05
NIBP Cuff-Reusable Adult X large 11160-000019 $40.80
NIBP Cuff-Disposable Infant 11160-000012 $7.65
NIBP Cuff-Disposable Child 11160-000014 $8.50
NIBP Cuff-Disposable Adult 11160-000016 $9.35
NIBP Cuff-Disposable Large Adult 11160-000018 $9.35
NIBP Cuff-Disposable X-tra Large Adult 11160-000020 $12.75
Durasensor - Adult finger sensor 11996-000060 $266.05
Oxiband Adult/Neonatal Sensor 11996-000061 $201.45
Oxiband Pediatric/Infant Sensor 11996-000062 $201.45
DURA-Y Multisite sensor (reusable)11996-000106 $578.00
Oxisensor II adult sensor (24/BX)11996-000113 $573.75
Oxisensor II adult sensor, long cable (24/BX)11996-000114 $926.50
Oxisensor II infant sensor (24/BX)11996-000115 $735.25
Oxisensor II pediatric sensor (24/BX)11996-000116 $569.50
Disposable Adhesive bandage wrap for OXI-A/N (2 bags of 50)11996-000048 $101.15
Disposable Adhesive bandage wrap for OXI-P/I (2 bags of 50)11996-000049 $101.15
Oxisensor II neonatal sensor (24/BX)11996-000117 $748.00
DEC-4 Cable Extension: 4'11110-000042 $56.10
DEC-8 Cable Extension: 8'11110-000176 $61.20
Masimo SET LNOP Sp02 Patient Cable- 4 foot 11171-000006 $188.70
Masimo SET LNOP Sp02 Patient Cable - 8 foot 11171-000008 $237.15
Masimo SET LNOP Sp02 Patient Cable - 12 foot 11171-000009 $294.95
Masimo SET LNOP Sp02 Sensor - Adult Reusable 11171-000007 $322.15
Masimo SET LNOP Sp02 Sensor -Pediatric Reusable 11171-000010 $312.80
Masimo SET LNOP Sp02 Sensor -Adult Disposable (1 box of 20 sensors)11171-000011 $340.85
Masimo SET LNOP Sp02 Sensor -Pediatric Disposable (1 box of 20 sensors)11171-000012 $379.10
Masimo SET LNOP Sp02 Sensor -Neonatal (<10 KG) Disposable (1 box of 20 sensors)
11171-000034 $501.50
Masimo SET LNOP Sp02 Sensor Infant Disposable (1 box of 20 sensors)
11171-000036 $414.80
Masimo SET RED LNOP Patient Cable - 4 foot 11996-000326 $214.20
Masimo SET RED LNOP Patient Cable - 8 foot 11996-000327 $255.00
Masimo SET RED LNOP Patient Cable - 12 foot 11996-000328 $360.40
Masimo SET LNCS Patient Cable - 4 foot 11171-000024 $175.95
Masimo SET LNCS Patient Cable - 10 foot 11171-000016 $249.05
Masimo SET LNCS Patient Cable - 14 foot 11171-000025 $372.30
Masimo SET Red LNCS Patient Cable - 4 foot 11996-000323 $175.10
Masimo SET Red LNCS Patient Cable - 10 foot 11996-000324 $213.35
Masimo SET Red LNCS Patient Cable - 14 foot 11996-000325 $360.40
Masimo SET LNCS 4' extension (for Nellcor equipped units)11171-000027 $215.90
Masimo SET LNCS Adult Reusable Sensor 11171-000017 $276.25
Masimo SET LNCS Pediatric Reusable Sensor 11171-000018 $255.85
Masimo SET LNCS Adult Disposable Sensors (box of 20)11171-000019 $275.40
Masimo SET LNCS Pediatric Disposable Sensors (box of 20)11171-000020 $312.80
Masimo SET LNCS Neonatal L Disposable Sensor (box of 20)11171-000028 $385.90
Masimo SET LNCS Neonatal Pt L Disposable Sensor (box of 20)11171-000029 $422.45
Masimo SET LNCS Infant Disposable Sensor (box 0f 20)11171-000031 $385.90
M-LNCS Adtx, Adult Adhesive Sensor, 18-inch, 20/box 11171-000039 $285.60
M-LNCS Pdtx, Pediatric Adhesive Sensor, 18-inch, 20/box 11171-000040 $303.45
M-LNCS Inf, Infant Adhesive Sensor, 18-inch, 20/box 11171-000041 $374.85
M-LNCS Neo, Neonatal/Adult Adhesive Sensor, 18-inch, 20/box 11171-000042 $374.85
M-LNCS NeoPt, Neonatal Preterm Adhesive Sensor, 18-inch, 20/box 11171-000043 $410.55
M-LNCS DCI, Adult Reusable Sensor, 1/box 11171-000046 $255.85
M-LNCS DCIP, Pediatric Reusable Sensor, 1/box 11171-000047 $255.85
Masimo SET Red Adult Reusable Direct Connect Sensor - 3 foot 11996-000331 $334.90
Masimo SET Red Adult Reusable Direct Connect Sensor - 12 foot 11996-000332 $616.25
Masimo SET Red Pediatric Reusable Direct Connect Sensor - 3 foot 11996-000333 $334.90
Masimo SET Red Pediatric Reusable Direct Connect Sensor - 12 foot 11996-000334 $616.25
Masimo SET Rainbow Adult Reusable Direct Connect Sensor - 3 foot 11996-000335 $752.25
Masimo SET Rainbow Adult Reusable Direct Connect Sensor - 12 foot 11996-000336 $1,028.50
Masimo SET Rainbow Pediatric Reusable Direct Connect Sensor - 3 foot 11996-000337 $752.25
Masimo SET Rainbow Pediatric Reusable Direct Connect Sensor - 12 foot 11996-000338 $1,028.50
Rainbow DCI-DC8, Adult Reuse Sensor, 8 ft 11171-000032 $862.75
Rainbow DCP-DC9, Pedi Reuse Sensor, 8 ft 11171-000033 $862.75
Rainbow DCI Adt Reusable Sensor, 1/box 11171-000049 $544.00
Rainbow DCIP PED REUSABLE Sensor 11171-000050 $599.25
Rainbow R25, Adult Adhesive Sensors (SpO2, SpCO and SpMet), 10/box 11996-000339 $607.75
Rainbow R20, Pediatric Adhesive Sensors (SpO2, SpCO and SpMet), 10/box 11996-000340 $629.00
Rainbow R25-L, Adult/Neo Adhesive Sensors (SpO2, SpCO and SpMet), 10/box 11996-000341 $607.75
Rainbow R20-L, Infant Adhesive Sensors (SpO2, SpCO and SpMet), 10/box 11996-000342 $629.00
RC-04, Patient Cable, 4 ft. , 1/box 11171-000037 $211.65
RC-12, Patient Cable, 12 ft. , 1/box 11171-000038 $315.35
Disposable Light Shield 10/pack 11171-000055 $52.70
Reuseable Light Shield, 5 /box 11171-000054 $55.25
DBI-dc8, Adult Soft Reusable Direct Connect SpO2 Sensor, 8 ft., 1/box 11171-000051 $607.75
DIGITBOOT LNCS DB1, ADT REUSABLE SENSOR,REF 2653 11171-000052 $284.75
DIGITBOOTRED DBI-DC8, ADTREUSABLESENSOR,REF 2644 11171-000053 $607.75
MNC-1 Adapter Cable - 10 foot 11996-000183 $463.25
MNC-1 Adapter Cable - 4 foot 11996-000198 $439.45
RED MNC ADAPTER CABLE, 4FT,2641 11996-000365 $688.50
FilterLine H Set Infant/Neonatal (box of 25)11996-000001 $476.00
FilterLine H Set Adult/Pediatric (box of 25)11996-000080 $381.65
FilterLine Set Adult/Pediatric (box of 25)11996-000081 $243.10
FilterLine Set Long Adult/Pediatric (box of 25)11996-000164 $272.85
Nasal FilterLine Set Infant/Neonatal (box of 25)11996-000082 $255.85
SmartCapnoLine - Pediatric patients <44lbs (box of 25)11996-000120 $273.70
SmartCapnoLine w/O2 delivery - Pediatric patients <44lbs (box of 25)11996-000128 $368.90
SmartCapnoLine Plus - Adult/Intermediate patients >44lbs (box of 25)11996-000162 $273.70
SmartCapnoLine Plus w/O2 delivery - Adult/Intermediate patients>44lbs (box of 25)11996-000163 $303.45
SmartCapnoLine Plus Long w/O2 - Adult/Intermediate patients>44lbs (box of 25)11996-000165 $385.90
SmartCapnoLine Plus - Adult/Intermediate patients>44lbs (Cs of 100)11996-000166 $994.50
SmartCapnoLine Plus w/O2 delivery - Adult/Intermediate patients>44lbs (Cs of 100)11996-000167 $1,071.00
Electrode QUIK-COMBO w/REDI-PAK preconnect 11996-000017 $35.21
Electrode EDGE QUIK-COMBO RTS 11996-000090 $39.10
Electrode EDGE QUIK-COMBO Adult 11996-000091 $30.64
Electrode EDGE Fast-Patch Plus 11996-000092 $18.70
Electrode EDGE QUIK-COMBO pediatric RTS 11996-000093 $36.85
Electrode LIFEPATCH ECG , adult, pregelled (4/pkg) 11100-000002 $1.70
Electrode LIFEPATCH ECG , adult, pregelled (3/pkg) 1-99 11100-000001 $1.28
Electrode replacement infant/child reduced energy 11101-000016 $98.60
Electrode Infant/Child reduced energy starter kit 11101-000017 $160.65
ADAPTER ASSY-ELECTRODE,HARD PADDLE,PAD PRINTED 21330-001024 $73.95
Temperature Adapter Cable- 5ft 11140-000078 $314.50
Temperature Adapter Cable- 10ft 11140-000079 $314.50
Temp Sensor, Skin Probe, High Dielectric, Disp (box of 20)11996-000359 $124.10
Temp Sensor, Esophageal-Rectal, 9FR, Disp (box of 20)11996-000360 $132.60
12-Leads Made Easy Web-based training program 44500-000001 $48.45
Capno Made Easy Web Based Training 44500-000003 $48.45
Adult AED QUIK-PAK Training Electrode Set (Box of 5 pair)11250-000012 $68.85
Test load (for use with QUIK COMBO therapy cable)21330-001365 $89.25
QUIK-COMBO Test Plug for testing QC Cable 11113-000002 $21.25
QUIK-COMBO 12-lead Patient Simulator 11996-000311 $777.75
QUIK-COMBO 3-lead Patient Simulator 11996-000310 $675.75
Defibrillation/ECG training electrode cable extension wire 11110-000085 $188.70
QUIK-COMBO training electrodes (2/PR)11103-000001 $24.65
Defibrillation/ECG training electrodes 11101-000007 $26.35
Operating Instructions: LIFEPAK 12 26500-002481 $63.75
Service Manual on CD-ROM: LIFEPAK 12 and BSS2 21300-007585 $58.65
LIFEPAK 12 In-service Video 26500-000213 $31.45
LIFEPAK 12 & BSS2 Service Manual (paper version)26500-000234 $184.45
LIFEPAK 12 Operating Instructions 26500-000942 $61.20
LIFEPAK 15 In-service Video - DVD format 21330-001357 $30.60
LIFEPAK 15 Operating Instructions 26500-002408 $61.20
Quik reference Instruction Card for AED and CPR instruction 26500-002040 $5.95
Monitor to PC USB Cable for connecting LIFEPAK 12 or LIFEPAK 15 to a PC 11996-000369 $249.90
CODE-STAT 10 Data Review Seat 11600-000022 $2,299.25
CODE-STAT Maintenance Subscription (3 Years)11600-000024 $1,625.00
Individual AED Challenge (Per Person/ Yr)26996-000014 $15.00
LIFENET PC Gateway 21340-000706 $388.89
TITAN II Wireless Gateway 21996-000073 $900.45
Titan II - Wifi & Cellular Gateway (Verizon, Verizon KORE, AT&T)21996-000093 $1,405.05
Titan II - Wifi & Cellular Gateway (AT&T KORE)21996-000095 $1,405.05
Titan II - Wifi & Audio & Cellular Gateway (Verizon, Verizon KORE, AT&T)21996-000092 $2,366.40
Titan II - Wifi & Audio & Cellular Gateway (AT&T KORE)21996-000094 $2,366.40
Multitech 3G Gateway - AT&T 21996-000081 $1,048.35
Multitech 3G Gateway - Verizon 21996-000085 $1,048.35
Verizon Multitech 3G Gateway (For use with Physio-Control data plan)21996-000086 $1,048.35
AT&T Multitech 3G Gateway (For use with Physio-Control data plan)21996-000082 $1,048.35
On-Site Training Costs
Participating State Cost Per Day Notes
Product Category Catalog Number Catalog/Product Description UOM #EA per
Unit List Price Net Price
LIFEPAK 15 99577-001368 LIFEPAK 15 Trending, 12-Lead ECG, Bluetooth EA 1 $ 23,725.00 $20,640.75
LIFEPAK 15 99577-001959 LIFEPAK 15 Trending, Masimo SpO2, NIBP, EtCO2, 2 Invasive Pressure Channels,
Bluetooth
EA 1 $ 26,455.00 $23,015.85
LIFEPAK 15 99577-001952 LIFEPAK 15 Trending, Masimo SpO2, SpCO, NIBP, EtCO2, Bluetooth EA 1 $ 27,505.00 $23,929.35
LIFEPAK 15 99577-001955 LIFEPAK 15 Trending, Masimo SpO2, NIBP, 12-Lead ECG, EtCO2, Bluetooth EA 1 $ 31,495.00 $27,400.65
LIFEPAK 15 99577-001957 LIFEPAK 15 Trending, Masimo SpO2, SpCO, NIBP, 12-Lead ECG, EtCO2, Bluetooth EA 1 $ 34,960.00 $30,415.20
LIFEPAK 15 99577-001588 LIFEPAK 15 Trending, Masimo SpO2, SpCO, SpMet, NIBP, 12-Lead ECG, EtCO2,
Bluetooth
EA 1 $ 38,425.00 $33,429.75
LIFEPAK 15 99577-001939 LIFEPAK 15 Bluetooth EA 1 $ 14,275.00 $12,419.25
LIFEPAK 15 99577-001945 LIFEPAK 15 Trending, Masimo SpO2, NIBP, Bluetooth EA 1 $ 19,105.00 $16,621.35
LIFEPAK 15 99577-001944 LIFEPAK 15 Trending, Masimo SpO2, EtCO2, Bluetooth EA 1 $ 21,415.00 $18,631.05
LIFEPAK 15 99577-001950 LIFEPAK 15 Trending, Masimo SpO2, NIBP, EtCO2, Bluetooth EA 1 $ 24,040.00 $20,914.80
LIFEPAK 15 99577-001953 LIFEPAK 15 Trending, Masimo SpO2, NIBP, 12-Lead ECG, Bluetooth EA 1 $ 28,555.00 $24,842.85
LIFEPAK 15 99577-001943 LIFEPAK 15 Trending, Masimo SpO2, EtCO2, 12-Lead ECG, Bluetooth EA 1 $ 29,815.00 $25,939.05
LIFEPAK 15 99577-001947 LIFEPAK 15 Trending, Masimo SpO2, NIBP, 2 Invasive Pressure Channels,
Bluetooth
EA 1 $ 22,045.00 $19,179.15
LIFEPAK 15 99577-001960 LIFEPAK 15 Trending, Masimo SpO2, NIBP, 12-Lead ECG, EtCO2, 2 Invasive
Pressure Channels, Bluetooth
EA 1 $ 33,490.00 $29,136.30
LIFEPAK 15 99577-001962 LIFEPAK 15 Trending, Masimo SpO2, SpCO, NIBP, 12-Lead ECG, EtCO2, 2
Invasive Pressure Channels, Bluetooth
EA 1 $ 36,955.00 $32,150.85
LIFEPAK 15 99577-001372 LIFEPAK 15 Trending, Masimo SpO2, SpCO, SpMet, NIBP, 12-Lead ECG, EtCO2, 2
Invasive Pressure Channels, Bluetooth
EA 1 $ 40,420.00 $35,165.40
LIFEPAK 15 99577-001941 LIFEPAK 15 Nellcor and Masimo SpO2, Bluetooth EA 1 $ 16,690.00 $14,520.30
LIFEPAK 15 99577-001946 LIFEPAK 15 Trending, Nellcor and Masimo SpO2, NIBP, Bluetooth EA 1 $ 19,735.00 $17,169.45
LIFEPAK 15 99577-001948 LIFEPAK 15 Trending, Nellcor and Masimo SpO2, NIBP, 2 Invasive Pressure
Channels, Bluetooth
EA 1 $ 22,675.00 $19,727.25
LIFEPAK 15 99577-001951 LIFEPAK 15 Trending, Nellcor and Masimo SpO2, NIBP, EtCO2, Bluetooth EA 1 $ 24,670.00 $21,462.90
LIFEPAK 15 99577-001964 LIFEPAK 15 Trending, Nellcor and Masimo SpO2, NIBP, 12-Lead ECG, EtCO2,
Bluetooth
EA 1 $ 32,125.00 $27,948.75
LIFEPAK 15 99577-001963 LIFEPAK 15 Trending, Nellcor and Masimo SpO2, NIBP, 12-Lead ECG, EtCO2, 2
Invasive Pressure Channels, Bluetooth
EA 1 $ 34,120.00 $29,684.40
LIFEPAK 15 99577-001966 LIFEPAK 15 Trending, Nellcor and Masimo SpO2, NIBP, EtCO2, 2 Invasive Pressure
Channels, Bluetooth
EA 1 $ 26,665.00 $23,198.55
LIFEPAK® 15
Common Pre- Hospital Configurations
Common Hospital Configurations
Common Transport Configurations
Physio-Control NASPO Pricing
Nellcor Configurations
1
Product Category Catalog Number Catalog/Product Description UOM #EA per
Unit List Price Net Price
LIFEPAK 15 99577-001956 LIFEPAK 15 Trending, SpO2, NIBP, 12-Lead ECG, EtCO2, Bluetooth, Temp EA 1 $ 32,807.00 $28,542.09
LIFEPAK 15 99577-001958 LIFEPAK 15 Trending, SpO2, SpCO, NIBP, 12-Lead ECG, EtCO2,Bluetooth, Temp EA 1 $ 36,272.00 $31,556.64
LIFEPAK 15 99577-001373 LIFEPAK 15 Trending, SpO2, SpCO, SpMet, NIBP, 12-Lead ECG, EtCO2, Bluetooth,
Temp
EA 1 $ 39,737.00 $34,571.19
LIFEPAK 15 99577-001930 LIFEPAK 15 Standard EA 1 $ 14,275.00 $12,419.25
LIFEPAK 15 99577-001931 LIFEPAK 15 Trending, Masimo SpO2, SpCO, NIBP EA 1 $ 22,570.00 $19,635.90
LIFEPAK 15 99577-001932 LIFEPAK 15 Trending, Masimo SpO2, NIBP,EtCO2 EA 1 $ 24,040.00 $20,914.80
LIFEPAK 15 99577-001933 LIFEPAK 15 Trending, Masimo SpO2, NIBP,12-Lead EA 1 $ 28,555.00 $24,842.85
LIFEPAK 15 99577-001934 LIFEPAK 15 Trending, Masimo SpO2, NIBP, 12-Lead, EtCO2 EA 1 $ 31,495.00 $27,400.65
LIFEPAK 15 99577-001935 LIFEPAK 15 Trending, Masimo SpO2, SpCO, NIBP, 12-Lead, EtCO2 EA 1 $ 34,960.00 $30,415.20
LIFEPAK 15 99577-001936 LIFEPAK 15 Trending, Masimo SpO2, SpCO, SpMet NIBP, 12-Lead, EtCO2 EA 1 $ 38,425.00 $33,429.75
LIFEPAK 15 99577-001938 LIFEPAK 15 Trending, SpO2, SpCO, NIBP, 12-Lead ECG, EtCO2, Temperature EA 1 $ 36,272.00 $31,556.64
LIFEPAK 15 99577-001937 LIFEPAK 15 Trending, Masimo SpO2, SpCO, SpMet, NIBP, 12-Lead, EtCO2, 2
Invasive Pressure Channels
EA 1 $ 40,420.00 $35,165.40
LIFEPAK 15 81700-000005 Bundle: LIFEPAK 15 w/ ACPA (Trending, Masimo SpO2, EtCO2, BT)EA 1 $ 23,484.00 $20,431.08
LIFEPAK 15 81700-000004 Bundle: LIFEPAK 15 w/ ACPA (Trending, Masimo SpO2, SpCO, NIBP, 12-Lead
ECG, EtCO2, BT)
EA 1 $ 37,029.00 $32,215.23
LIFEPAK 15 81700-000002 Bundle: LIFEPAK 15 w/ ACPA (Trending, SpO2, SpCO, NIBP, 12-Lead ECG, EtCO2,
BT, Temp)
EA 1 $ 38,341.00 $33,356.67
LIFEPAK 15 81700-000001 Bundle: LIFEPAK 15 w/ ACPA (Trending, Masimo SpO2, SpCO, SpMet, NIBP, 12-
Lead ECG, EtCO2, 2 IP Channels)
EA 1 $ 42,489.00 $36,965.43
LIFEPAK 15 81700-000007 Bundle: LIFEPAK 15 w/ ACPA (Standard)EA 1 $ 16,344.00 $14,219.28
LIFEPAK 15 81700-000003 Bundle: LIFEPAK 15 w/ ACPA (Trending, Masimo SpO2, NIBP, EtCO2)EA 1 $ 26,109.00 $22,714.83
LIFEPAK 15 81700-000006 Bundle: LIFEPAK 15 w/ ACPA (Trending, Masimo SpO2, SpCO, SpMet, NIBP, 12-
Lead ECG , EtCO2, 2 IP Channels)
EA 1 $ 42,489.00 $36,965.43
LIFEPAK 20e 70507-000061 LIFEPAK 20e Defibrillator/Monitor EA 1 $ 8,895.00 $7,738.65
LIFEPAK 20e 70507-000080 LIFEPAK 20e Defibrillator/Monitor with Pacing Package EA 1 $ 10,195.00 $8,869.65
LIFEPAK 20e 70507-000091 LIFEPAK 20e Defibrillator/Monitor with Pacing and SpO2 Package (Masimo)EA 1 $ 11,495.00 $10,000.65
LIFEPAK 20e 70507-000081 LIFEPAK 20e Defibrillator/Monitor with Pacing and SpO2 Package (Masimo and
Legacy Nellcor enabled))
EA 1 $ 11,895.00 $10,348.65
Accessory 11141-000112 LIFEPAK 20e Lithium-ion Rechargeable Internal Battery EA 1 $ 296.00 $251.60
LIFEPAK 20e 81701-000001 Bundle: LIFEPAK 20e w/ CodeManagement Module (Wireless)EA 1 $ 10,345.00 $9,000.15
LIFEPAK 20e 81701-000002 Bundle: LIFEPAK 20e (Pacing) w/ CodeManagement Module (Wireless)EA 1 $ 11,645.00 $10,131.15
LIFEPAK 20e 81701-000003 Bundle: LIFEPAK 20e (Pacing & Masimo SpO2) w/ CodeManagement Module
(Wireless)
EA 1 $ 12,945.00 $11,262.15
Temperature Configurations
Government Configurations (Bluetooth Not Included)
LIFEPAK 15 ACPA Bundles
LIFEPAK 20e
LIFEPAK 20e CMM Bundles
2
Product Category Catalog Number Catalog/Product Description UOM #EA per
Unit List Price Net Price
LIFEPAK 20e 81701-000004 Bundle: LIFEPAK 20e (Pacing & Masimo/Legacy Nellcor SpO2) w/ CodeManagement
Module (Wireless)
EA 1 $ 13,345.00 $11,610.15
LIFEPAK 20e 81701-000005 Bundle: LIFEPAK 20e w/ CodeManagementModule (Wireless & EtCO2)EA 1 $ 13,395.00 $11,653.65
LIFEPAK 20e 81701-000006 Bundle: LIFEPAK 20e (Pacing) w/ CodeManagement Module (Wireless & EtCO2)EA 1 $ 14,695.00 $12,784.65
LIFEPAK 20e 81701-000007 Bundle: LIFEPAK 20e (Pacing and Masimo SpO2) w/ CodeManagement Module
(Wireless & EtCO2)
EA 1 $ 15,995.00 $13,915.65
LIFEPAK 20e 81701-000008 Bundle: LIFEPAK 20e (Pacing & Masimo/Legacy Nellcor SpO2) w/ CodeManagement
Module
(Wireless & EtCO2)
EA 1 $ 16,395.00 $14,263.65
Accessory 11150-000018 LIFEPAK 20e Defibrillator CodeManagement Module - Wireless EA 1 $ 1,450.00 $1,261.50
Accessory 11150-000019 LIFEPAK 20e Debibrillator ModeManagement Module - Wireless & with Capnography EA 1 $ 4,500.00 $3,915.00
Accessory 11260-000045 Carry Case for LIFEPAK 20/20e Defibrillator with Module EA 1 $ 218.00 $189.66
Accessory 11141-000162 CodeManagement Module Lithium Ion Battery EA 1 $ 237.00 $206.19
LIFEPAK 1000 99425-000023 LIFEPAK 1000 Graphical Display Standard Setup w/carry case, battery & electrodes EA 1 $ 2,725.00 $2,180.00
LIFEPAK 1000 99425-000025 LIFEPAK 1000 ECG Display, Standard Setup w/carry case, battery & electrodes EA 1 $ 3,355.00 $2,516.25
Accessory 99996-000117 LP1000 Trainer EA 1 $ 1,035.00 $879.75
Accessory 11141-000100 LMnO2 Non-Rechargeable Battery EA 1 $ 369.00 $313.65
Accessory 11141-000161 Rechargable Battery Replacement for LP1000 EA 1 $ 427.00 $362.95
Accessory 11141-000160 Rechargable Li-ion Battery for LP1000- only available with purchase of new LP1000
device
EA 1 $ 69.00 $58.65
Accessory 11140-000085 Battery charger for the LIFEPAK 1000 (must be used with rechargeable battery)EA 1 $ 459.00 $390.15
Accessory 11425-000007 BAG ASSEMBLY, NO STRAP,LIFEPAK 1000 EA 1 $ 141.00 $119.85
Accessory 11260-000023 LIFEPAK 1000 Hard shell, watertight carrying case EA 1 $ 343.00 $291.55
Accessory 11425-000012 LIFEPAK 1000 Replacement Shoulder Strap for carry case EA 1 $ 44.00 $37.40
Accessory 11111-000016 3-Wire ECG Cable EA 1 $ 253.00 $215.05
Accessory 11425-000001 Accessory pounch for 3-wire cable and/or other accessories EA 1 $ 66.00 $56.10
Accessory 11250-000052 Clip-on Training Electrodes for use with QUIK-COMBO Patient Simulator EA 5 $ 72.00 $61.20
Accessory 26500-002156 Quick Reference Instruction Card LIFEPAK 1000 EA 1 $ 7.00 $5.95
LIFEPAK CR PLUS 80403-000148 LIFEPAK CR Plus AED Kit Semi-automatic AHA voice prompt EA 1 $ 2,195.00 $1,536.50
LIFEPAK CR PLUS 80403-000149 LIFEPAK CR Plus AED Kit Fully automatic AHA voice prompt EA 1 $ 2,395.00 $1,676.50
LIFEPAK EXPRESS 80427-000134 LIFEPAK Express Semi-automatic. Incl 1 pair of QUIK-Pak electrodes EA 1 $ 1,695.00 $1,271.25
Accessory 11260-000015 LIFEPAK CR Plus Hard shell carry case EA 1 $ 265.00 $225.25
Accessory 21300-004576 LIFEPAK CR Plus Carrying case EA 1 $ 75.00 $63.75
Disposable 11403-000001 LIFEPAK CR Plus Replacement Kit for Charge-Pak 2 sets of electrodes PK 2 $ 123.00 $104.55
Disposable 11403-000002 LIFEPAK CR Plus Replacement Kit for Charge-Pak 1 set of electrodes PK 2 $ 103.00 $87.55
Code Management Module
LIFEPAK 1000
LIFEPAK CR PLUS
3
Product Category Catalog Number Catalog/Product Description UOM #EA per
Unit List Price Net Price
Accessory 11210-000021 Wall mount bracket for LIFEPAK CR Plus EA 1 $ 107.00 $90.95
Accessory 21300-006587 CENTRAL ALARM SWITCH for CR Plus EA 1 $ 57.00 $48.45
Accessory 11250-000073 LIFEPAK CR Plus Training System EA 1 $ 383.00 $325.55
Accessory 11260-000014 LIFEPAK CR Plus Training System replacement carry case EA 1 $ 39.00 $33.15
Disposable 11250-000015 LIFEPAK CR Plus Training System replacement training electrodes EA 1 $ 42.00 $35.70
Accessory 26500-001156 LIFEPAK CR Plus Operating Instructions: LIFEPAK CR Plus Training System EA 1 $ 18.00 $15.30
Accessory 26500-001421 LIFEPAK CR Plus Service Manual CD Rom EA 1 $ 80.00 $68.00
Accessory 21300-004579 LIFEPAK CR Plus Replacement shoulder strap for carry case EA 1 $ 16.00 $13.60
samaritan 350P 80514-000263 HeartSine SAM 350P AED EA 1 $1,586.00 $949.00
samaritan 450P 80515-000002 HeartSine SAM 450P AED EA 1 $2,066.00 $1,325.00
Accessory 11516-000018 USB Data Download Cable - HeartSine EA 1 $37.00 $31.45
Accessory 11516-000020 AED Wall Sign - HeartSine EA 1 $32.00 $27.20
Accessory 11516-000021 CPR prep kit - HeartSine EA 1 $33.00 $28.05
Accessory 11516-000022 Carry Case for HeartSine AED EA 1 $55.00 $46.75
Accessory 11516-000114 Backpack for HeartSine AED EA 1 $146.00 $124.10
Accessory 11516-000010 HeartSine AED Pelican case with insert EA 1 $157.00 $133.45
Accessory 11516-000023 Wall Bracket for HeartSine AED EA 1 $84.00 $71.40
Accessory 11516-000024 HeartSine Wall Cabinet with Alarm EA 1 $154.00 $130.90
Disposable 11516-000003 US Adult Pad-Pak for HeartSine AEDs EA 1 $176.00 $149.60
Disposable 11516-000004 US Pediatric-Pak for HeartSine AEDs EA 1 $209.00 $177.65
Disposable 11516-000027 Aviation Pad-Pak for HeartSine AEDs EA 1 $192.00 $163.20
Accessory 11516-000059 HeartSine SAM 350P AED Trainer EA 1 $420.00 $357.00
Accessory 11516-000092 HeartSine SAM 450P AED Trainer EA 1 $420.00 $357.00
Disposable 11516-000011 HeartSine AED Trainer Electrodes - 25 PK 25 $75.00 $63.75
Disposable 11516-000009 HeartSine AED Trainer Electrodes - 10 PK 10 $33.00 $28.05
Accessory 11516-000012 HeartSine Trainer battery charger EA 1 $32.00 $27.20
Accessory 11516-000014 SAM 350P AED Trainer Remote Control EA 1 $154.00 $130.90
Accessory 11516-000001 SAM 450P AED Trainer Remote Control EA 1 $154.00 $130.90
Disposable 11516-000017 Pad-Pak Electrode Cartridge for Trainer EA 1 $50.00 $42.50
LUCAS 99576-000024 LUCAS 2, 2.1 SW Chest Compression System EA 1 $ 15,220.00 $13,241.40
LUCAS 99576-000020 LUCAS 2, 2.2 SW Chest Compression Training unit EA 1 $ 9,450.00 $8,221.50
LUCAS 99576-000043 LUCAS 3.0 Chest Compression System EA 1 $ 15,950.00 $13,876.50
LUCAS 99576-000042 Training Unit LUCAS 3.0. Non Clinical device for training purposes only.EA 1 $ 9,450.00 $8,221.50
Accessory 11576-000070 LUCAS 2 Rubber Bumper PR 2 $ 43.00 $36.55
Accessory 11996-000285 LUCAS 1 Regulator EA 1 $ 635.00 $539.75
Accessory 11576-000035 LUCAS 1 Carry Bag (Backpack)EA 1 $ 590.00 $501.50
Accessory 21996-000061 LUCAS 1 Extention Hose EA 1 $ 342.00 $290.70
Accessory 11996-000278 LUCAS 1 Connector - Chemtron Air EA 1 $ 370.00 $314.50
Accessory 11996-000279 LUCAS 1 Connector - Ohmeda Air EA 1 $ 370.00 $314.50
Accessory 11996-000280 LUCAS 1 Connector - Puritan Bennet Air EA 1 $ 370.00 $314.50
LUCAS® Chest Compression System
Heartsine
4
Product Category Catalog Number Catalog/Product Description UOM #EA per
Unit List Price Net Price
Accessory 11996-000281 LUCAS 1 Connector - Diss Air EA 1 $ 370.00 $314.50
Accessory 11996-000282 LUCAS 1 Connector - Schrader Air EA 1 $ 370.00 $314.50
Accessory 11996-000283 LUCAS 1 Connector - Oxequip Air EA 1 $ 370.00 $314.50
Accessory 11576-000064 LUCAS PCI BACK PLATE EA 1 $ 3,520.00 $2,992.00
Accessory 21996-000044 LUCAS Back Plate EA 1 $ 379.00 $322.15
Accessory 11576-000052 Back Plate Grip Tape EA 1 $ 45.00 $38.25
Accessory 11576-000053 Back Plate Grip Tape (3 pack)PK 3 $ 115.00 $97.75
Accessory 11576-000050 Patient Strap (Secures patient's arms to support legs of LUCAS - 1pr)PR 2 $ 102.00 $86.70
Accessory 11576-000051 Patient Strap (secures patient's arms to support legs of LUCAS - 3 pack)PK 3 $ 270.00 $229.50
Accessory 11576-000038 LUCAS 2 Carrying Bag EA 1 $ 344.00 $292.40
Accessory 11576-000046 LUCAS 2 Disposable Suction Cup (3 pack)PK 3 $ 140.00 $119.00
Accessory 11576-000047 LUCAS 2 Disposable Suction Cup (12 pack)PK 12 $ 498.00 $423.30
Accessory 11576-000060 LUCAS 2 Stand-alone Battery Charger EA 1 $ 1,170.00 $994.50
Accessory 11576-000039 LUCAS 2 Battery - Rechargeable Lithium Polymer (LiPo) EA 1 $ 712.00 $605.20
Accessory 11576-000048 LUCAS 2 12V Car Cable EA 1 $ 142.00 $120.70
Accessory 11576-000081 LUCAS Carrying Case, Hard Shell EA 1 $ 450.00 $382.50
Accessory 11576-000080 LUCAS 3 Battery - Dark Grey - Rechargeable LiPo EA 1 $ 712.00 $605.20
Accessory 21576-000074 LUCAS Stabilization Strap EA 1 $ 92.00 $78.20
Accessory 21576-000075 LUCAS Stabilization Strap (4 pack)PK 4 $ 295.00 $250.75
Accessory 11576-000088 LUCAS Slim Back Plate EA 1 $ 395.00 $335.75
Accessory 11576-000089 Grip Tape, LUCAS Slim Back Plate EA 1 $ 28.00 $23.80
Accessory 11576-000090 Grip Tape (3-pack), LUCAS Slim Back Plate PK 3 $ 68.00 $57.80
Accessory 11576-000091 LUCAS 3 Bumpers (Black)PR 2 $ 42.00 $35.70
Accessory 26500-003716 LUCAS 3.0 Instructions for Use, Replacement, EN EA 1 $ 40.00 $34.00
Accessory 26500-003084 LUCAS 2, 2.0 SW, INSTRUCTION FOR USE, EN EA 1 $ 41.00 $34.85
Accessory 26500-003434 LUCAS 2, 2.1 Chest Compression System - Instructions for Use, U.S. English EA 1 $ 41.00 $34.85
Accessory 11576-000036 Patient Strap (each)EA 1 $ 106.00 $90.10
Disposable 11101-000003 AED Trainer new style training electrodes (5 pr)PK 5 $ 44.00 $37.40
Disposable 11101-000004 AED training electrode set - (5pr), cable & pouch PK 5 $ 75.00 $63.75
Accessory 11101-000006 Cable/connector assembly/pouch for Adult AED training electrodes EA 1 $ 34.00 $28.90
Disposable 11250-000042 Replacement infant/child AED training electrodes PK 5 $ 43.00 $36.55
Accessory 11250-000043 Cable/connector assembly/pouch for infant/child AED training electrodes EA 1 $ 50.00 $42.50
Disposable 11250-000045 Infant/child AED training electrodes training set PK 5 $ 75.00 $63.75
TrueCPR 80596-000003 TrueCPR Coaching Device EA 1 $ 1,795.00 $1,561.65
Accessory 11260-000044 TrueCPR Carry Case EA 1 $ 76.00 $66.12
Laryngoscope 11996-000393 McGRATH MAC EMS Video Laryngoscope EA 1 $ 2,750.00 $2,392.50
Accessory 11996-000394 McGRATH 3.6V EMS Battery EA 1 $ 60.00 $52.20
Accessory 11996-000414 McGRATH MAC 2 Laryngoscope Blades, Box of 10 BX 50 $ 160.00 $139.20
Accessory 11996-000415 McGRATH MAC 3 Laryngoscope Blades, Box of 10 BX 50 $ 160.00 $139.20
AED ACCESSORIES
TrueCPR
McGRATH MAC EMS Video Laryngoscope and Accessories
5
Product Category Catalog Number Catalog/Product Description UOM #EA per
Unit List Price Net Price
Accessory 11996-000416 McGRATH MAC 4 Laryngoscope Blades, Box of 10 BX 50 $ 160.00 $139.20
Accessory 11996-000398 McGRATH X3 Laryngoscope Blades, Box of 10 BX 10 $ 280.00 $243.60
Accessory 11998-000292 Wall Cabinet - Semi-recessed for AED, 3" Trim EA 1 $ 326.00 $277.10
Accessory 11998-000293 Wall Cabinet - Fully-recessed for AED, 1.5" Trim EA 1 $ 278.00 $236.30
Accessory 11220-000076 Wall Cabinet, standard, surface mount, SS EA 1 $ 560.00 $476.00
Accessory 11220-000077 Wall Cabinet, standard, semi-recessed, SS EA 1 $ 505.00 $429.25
Accessory 11220-000078 Wall Cabinet, small, fully recessed, SS EA 1 $ 480.00 $408.00
Accessory 11210-000026 AED Wall Cabinet with alarm, fire rated - semi-recessed, rolled edges EA 1 $ 480.00 $408.00
Accessory 11220-000083 AED Wall Cabinet with alarm and strobe -surface mount, rolled edges EA 1 $ 409.00 $347.65
Accessory 11220-000079 AED Wall Cabinet with alarm - surface mount, rolled edges EA 1 $ 333.00 $283.05
Accessory 11210-000027 AED Wall Cabinet with alarm, fire rated - recessed, square edges EA 1 $ 457.00 $388.45
Accessory 11220-000084 AED Wall Cabinet with alarm and strobe - surface mount, rolled edges EA 1 $ 585.00 $497.25
Accessory 11210-000028 AED Floor Stand Cabinet with alarm- White EA 1 $ 1,130.00 $960.50
Accessory 11210-000029 AED Floor Stand Cabinet with alarm- Grey EA 1 $ 1,175.00 $998.75
Accessory 11998-000327 AED Wall Sign Ilcor w/logo, Flat,8x10 EA 1 $ 26.00 $22.10
Accessory 11998-000328 AED Wall Sign Ilcor w/logo, T-mount, 8x10 EA 1 $ 36.00 $30.60
Accessory 11998-000329 AED Wall Sign Ilcor w/logo, Tent, 7x8 EA 1 $ 36.00 $30.60
Accessory 11998-000330 AED Wall Sign Traditional w/logo, Flat, 8x10 EA 1 $ 26.00 $22.10
Accessory 11998-000331 AED Wall Sign Traditional w/logo, T-mount, 8x10 EA 1 $ 36.00 $30.60
Accessory 11998-000332 AED Wall Sign Traditional w/logo, Tent, 7x8 EA 1 $ 36.00 $30.60
Accessory 11998-000333 AED Wall Sign Traditional w/o logo, T-mount, 8x10 EA 1 $ 36.00 $30.60
Accessory 26500-000185 AED Instruction Card (laminated easy reference)EA 1 $ 7.00 $5.95
Accessory 11998-000320 Ambu Res-Cue Key First Responder Kit EA 1 $ 38.00 $32.30
Accessory 11998-000321 Ambu Res-Cue Mask First Responder Kit EA 1 $ 47.00 $39.95
Accessory 11250-000096 LIFEPAK 500 AED Training System EA 1 $ 660.00 $561.00
Accessory 11141-000158 LP500 SLA Battery EA 1 $ 341.00 $289.85
Accessory 11141-000159 LP500 Battery Replacement kit EA 1 $ 366.00 $311.10
Accessory 11210-000001 Wall mount bracket for AED EA 1 $ 122.00 $103.70
Accessory 11998-000014 LIFEPAK 500 Complete soft shell carrying case EA 1 $ 172.00 $146.20
Accessory 11998-000021 LIFEPAK 500 Hard-shell carrying case (Pelican)EA 1 $ 397.00 $337.45
Accessory 11250-000004 LIFEPAK 500T Replacement carry case EA 1 $ 82.00 $69.70
Accessory 11250-000006 LIFEPAK 500T Replacement simulated battery pak EA 1 $ 39.00 $33.15
Accessory 26500-000036 LIFEPAK 500 Service Manual CD-Rom EA 1 $ 86.00 $73.10
Accessory 26500-001008 LIFEPAK 500T Operating Instructions EA 1 $ 12.00 $10.20
Accessory 21330-001058 LIFEPAK 500 DPS complete soft shell carrying case with "stealth" surface EA 1 $ 217.00 $184.45
Accessory 26500-000037 LIFEPAK 500 In-service Video EA 1 $ 18.00 $15.30
Accessory 11141-000002 LIFEPAK 500 rechargeable sealed lead acid battery pak EA 1 $ 224.00 $190.40
Accessory 11110-000050 Setup Transfer cable for LIFEPAK 500 EA 1 $ 70.00 $59.50
Accessory 11150-000010 External Modem for connection to LIFEPAK 500 EA 1 $ 336.00 $285.60
Accessory 11220-000025 Battery pouch for the LIFEPAK 500 EA 1 $ 67.00 $56.95
WALL MOUNTS, CABINETS & SIGNS
LIFEPAK 500 ACCESSORIES
6
Product Category Catalog Number Catalog/Product Description UOM #EA per
Unit List Price Net Price
Accessory 11110-000051 Power Adapter extension cable for LIFEPAK 12 power adapter EA 1 $ 147.00 $124.95
Accessory 11210-000002 BSS2 wall mount bracket EA 1 $ 131.00 $111.35
Accessory 11141-000068 LIFEPAK 20 NiMH rechargeable internal battery EA 1 $ 181.00 $153.85
Accessory 11141-000149 LIFEPAK NiCd Battery with fuel gauge 1.6amp hrs EA 1 $ 337.00 $286.45
Accessory 11141-000028 LIFEPAK SLA Battery EA 1 $ 253.00 $215.05
Accessory 11577-000004 Station Battery Charger - For the LP15 EA 1 $ 1,860.00 $1,581.00
Accessory 11577-000011 Mobile Battery Charger - FOR THE LP15 EA 1 $ 2,025.00 $1,721.25
Accessory 21330-001176 LP15 Lithium-ion Battery 5.7 amp hrs EA 1 $ 469.00 $398.65
Accessory 11141-000106 LIFEPAK 12 Li-ion Battery EA 1 $ 451.00 $383.35
Accessory 11141-000115 REDI-CHARGE Base EA 1 $ 1,520.00 $1,292.00
Accessory 11141-000116 LIFEPAK 12 REDI-CHARGE Adapter Tray EA 1 $ 199.00 $169.15
Accessory 11140-000052 LIFEPAK 15 REDI-CHARGE Adapter Tray EA 1 $ 206.00 $175.10
Accessory 11140-000072 AC Power Adapter EA 1 $ 1,685.00 $1,432.25
Accessory 11140-000074 DC Power Adapter EA 1 $ 2,050.00 $1,742.50
Accessory 11577-000019 LP15 Power Attachment Kit EA 1 $ 58.00 $49.30
Accessory 11140-000015 AC Power Cord EA 1 $ 81.00 $68.85
Accessory 11140-000080 Extension Cable (5ft 3 in)EA 1 $ 303.00 $257.55
Accessory 11140-000081 Right angle cable (10in) included with ACPA & DCPA EA 1 $ 303.00 $257.55
Accessory 11996-000375 Cable DC Input LP15 Battery Charger EA 1 $ 79.00 $67.15
Accessory 11260-000030 LIFEPAK 12 Basic carry case w/strap, right & left pouches EA 1 $ 331.00 $281.35
Accessory 11260-000029 LIFEPAK 12 Carry case back pouch - expandable EA 1 $ 90.00 $76.50
Accessory 21300-007203 LIFEPAK 12 Replacement carry case right pouch EA 1 $ 93.00 $79.05
Accessory 21300-007201 LIFEPAK 12 Replacement carry case left pouch EA 1 $ 102.00 $86.70
Accessory 21300-006361 LIFEPAK 12 Carry case base & side supports EA 1 $ 155.00 $131.75
Accessory 11260-000037 LIFEPAK12 Shoulder Strap replacement EA 1 $ 37.00 $31.45
Accessory 11220-000033 LIFEPAK 12 Front cover EA 1 $ 44.00 $37.40
Accessory 11998-000063 LIFEPAK 12 Removable acrylic screen shield EA 1 $ 54.00 $45.90
Accessory 11220-000028 Top Pouch for the LP12/LP15 EA 1 $ 57.00 $48.45
Accessory 11260-000032 Carrying Case of the LIFEPAK 12 with AC Power Adapter EA 1 $ 351.00 $298.35
Accessory 11260-000033 Carrying Case for the LIFEPAK 12 with Voice Recorder EA 1 $ 351.00 $298.35
Accessory 21300-007203 Right Pouch Replacement (Note: Included with basic case)EA 1 $ 93.00 $79.05
Accessory 11577-000002 LIFEPAK 15 Basic carry case w/ right & left pouches EA 1 $ 320.00 $272.00
Accessory 11260-000039 LIFEPAK 15 Carry case back pouch EA 1 $ 82.00 $69.70
Accessory 11577-000001 LIFEPAK 15 Shoulder strap EA 1 $ 37.00 $31.45
Accessory 11996-000374 LP15 bed Connector EA 1 $ 151.00 $128.35
Accessory 11260-000016 QUIK-COMBO Accessory pouch for LP20 EA 1 $ 61.00 $51.85
Accessory 11260-000018 LP20 Basic Carry Case EA 1 $ 160.00 $136.00
Accessory 11260-000043 LP20 Top Pouch EA 1 $ 64.00 $54.40
Accessory 21330-000996 ASSY-LP20 DOCKING STATION EA 1 $ 381.00 $323.85
Accessory 11996-000309 Surface mount bracket EA 1 $ 1,135.00 $964.75
POWER OPTIONS
CARRYING CASES & MOUNTING OPTIONS
7
Product Category Catalog Number Catalog/Product Description UOM #EA per
Unit List Price Net Price
Accessory 11130-000001 Standard hard paddles for use w/LIFEPAK 12 PR 1 $ 750.00 $637.50
Accessory 11130-000037 LIFEPAK 20E Standard Adult Detachable Hard Paddles PR 1 $ 970.00 $824.50
Accessory 11130-000061 Standard hard paddles for use w/LIFEPAK 15 PR 1 $ 860.00 $731.00
Accessory 11133-000007 Pediatric paddle, external 1ea (2 required) multi-language PR 1 $ 95.00 $80.75
Accessory 11131-000001 Internal paddle handles w/discharge control for use with LIFEPAK 12 or LIFEPAK 20 PR 1 $ 640.00 $544.00
Accessory 11131-000010 Internal paddles - 1" size (6.25" shaft length)PR 1 $ 174.00 $147.90
Accessory 11131-000011 Internal paddles - 1.5" size (6" shaft length)PR 1 $ 174.00 $147.90
Accessory 11131-000012 Internal paddles - 2" size (5.75" shaft length)PR 1 $ 174.00 $147.90
Accessory 11131-000013 Internal paddles - 2.5" size (5.75" shaft length)PR 1 $ 174.00 $147.90
Accessory 11131-000014 Internal paddles - 3.5" size (5" shaft length)PR 1 $ 174.00 $147.90
Accessory 11131-000019 Internal paddles - 2.5" size (8.5" shaft length)PR 1 $ 174.00 $147.90
Accessory 11131-000021 Internal paddles - 1.5" size (9" shaft length)PR 1 $ 174.00 $147.90
Accessory 11131-000022 Internal paddles - 2" size (8.75" shaft length)PR 1 $ 174.00 $147.90
Accessory 11131-000023 Internal paddles - 3.5" size (8" shaft length)PR 1 $ 174.00 $147.90
Accessory 11131-000024 Internal paddles - 1.5" size (14.25" shaft length)PR 1 $ 174.00 $147.90
Accessory 11998-000326 LIFEPAK 15 internal paddles adapter cable EA 1 $ 299.00 $254.15
Accessory 21300-005847 Signagel, gel EA 1 $ 5.00 $4.25
Accessory 11110-000040 QUIK-COMBO therapy cable for use w/LIFEPAK 12 or LIFEPAK 20 EA 1 $ 388.00 $329.80
Accessory 11113-000004 QUIK-COMBO therapy cable for use w/LIFEPAK 15 EA 1 $ 388.00 $329.80
Accessory 11111-000022 12 Lead ECG, Precordial Leads (AHA)EA 1 $ 150.00 $127.50
Accessory 11111-000020 8ft Trunk cable with AHA limb leads EA 1 $ 376.00 $319.60
Accessory 11111-000018 5ft Trunk cable with AHA limb leads EA 1 $ 372.00 $316.20
Accessory 21300-008054 4-Wire Cable Comb (10- Pack)PK 10 $ 56.00 $47.60
Accessory 21300-008055 6-Wire Cable Comb (10- Pack)PK 10 $ 56.00 $47.60
Accessory 11110-000029 3-lead ECG cable for LIFEPAK 12 or LIFEPAK 20 EA 1 $ 142.00 $120.70
Accessory 11110-000066 5-Lead ECG Cable for LIFEPAK 12 or LIFEPAK 20 EA 1 $ 253.00 $215.05
Disposable 11240-000013 ECG printer paper, 50mm x 30m 3rolls/bx (1-49)BX 3 $ 20.00 $17.00
Disposable 11240-000016 Strip chart recorder paper, 100mm 2rolls/bx (1-23)BX 2 $ 21.00 $17.85
Accessory 11150-000007 Modem cable - 6' LIFEPAK 12 to external modem EA 1 $ 130.00 $110.50
Accessory 11150-000009 Modem door assembly EA 1 $ 70.00 $59.50
Accessory 11150-000015 Internal modem (pc card modem)EA 1 $ 347.00 $294.95
Accessory 11230-000020 Serial port cable EA 1 $ 162.00 $137.70
Accessory 11230-000018 LP20 Serial Port Cable EA 1 $ 125.00 $106.25
Accessory 11230-000019 LP20 Configuration Transfer Cable EA 1 $ 125.00 $106.25
Accessory 11996-000392 LIFEPAK 12 NIBP Hose, coiled 9' EA 1 $ 62.00 $52.70
Accessory 11996-000391 LIFEPAK 12 NIBP Hose, 9'EA 1 $ 62.00 $52.70
HARD PADDLES
THERAPY DELIVERY ACCESSORIES
ECG MONITORING ACCESSORIES
NIBP SUPPLIES
COMMUNICATION ACCESSORIES
8
Product Category Catalog Number Catalog/Product Description UOM #EA per
Unit List Price Net Price
Accessory 11996-000390 LIFEPAK 12 NIBP Hose, 12'EA 1 $ 62.00 $52.70
Accessory 21300-008148 LIFEPAK 15 NIBP Hose, 9' coiled EA 1 $ 62.00 $52.70
Accessory 21300-008147 LIFEPAK 15 NIBP Hose, 9'EA 1 $ 62.00 $52.70
Accessory 21300-008146 LIFEPAK 15 NIBP Hose, 12'EA 1 $ 62.00 $52.70
Accessory 11160-000011 NIBP Cuff-Reusable, Infant EA 1 $ 21.00 $17.85
Accessory 11160-000013 NIBP Cuff-Reusable, Child EA 1 $ 24.00 $20.40
Accessory 11160-000015 NIBP Cuff-Reusable, Adult EA 1 $ 30.00 $25.50
Accessory 11160-000017 NIBP Cuff-Reusable, Lg Adult EA 1 $ 33.00 $28.05
Accessory 11160-000019 NIBP Cuff-Reusable Adult X large EA 1 $ 48.00 $40.80
Disposable 11160-000012 NIBP Cuff-Disposable Infant EA 1 $ 9.00 $7.65
Disposable 11160-000014 NIBP Cuff-Disposable Child EA 1 $ 10.00 $8.50
Disposable 11160-000016 NIBP Cuff-Disposable Adult EA 1 $ 11.00 $9.35
Disposable 11160-000018 NIBP Cuff-Disposable Large Adult EA 1 $ 11.00 $9.35
Disposable 11160-000020 NIBP Cuff-Disposable X-tra Large Adult EA 1 $ 15.00 $12.75
Accessory 11996-000060 Durasensor - Adult finger sensor EA 1 $ 313.00 $266.05
Accessory 11996-000061 Oxiband Adult/Neonatal Sensor EA 1 $ 237.00 $201.45
Accessory 11996-000062 Oxiband Pediatric/Infant Sensor EA 1 $ 237.00 $201.45
Accessory 11996-000106 DURA-Y Multisite sensor (reusable)EA 1 $ 680.00 $578.00
Disposable 11996-000113 Oxisensor II adult sensor (24/BX)BX 24 $ 675.00 $573.75
Disposable 11996-000114 Oxisensor II adult sensor, long cable (24/BX)BX 24 $ 1,090.00 $926.50
Disposable 11996-000115 Oxisensor II infant sensor (24/BX)BX 24 $ 865.00 $735.25
Disposable 11996-000116 Oxisensor II pediatric sensor (24/BX)BX 24 $ 670.00 $569.50
Disposable 11996-000048 Disposable Adhesive bandage wrap for OXI-A/N (2 bags of 50)CS 100 $ 119.00 $101.15
Disposable 11996-000049 Disposable Adhesive bandage wrap for OXI-P/I (2 bags of 50)CS 100 $ 119.00 $101.15
Disposable 11996-000117 Oxisensor II neonatal sensor (24/BX)BX 24 $ 880.00 $748.00
Accessory 11110-000042 DEC-4 Cable Extension: 4'EA 1 $ 66.00 $56.10
Accessory 11110-000176 DEC-8 Cable Extension: 8'EA 1 $ 72.00 $61.20
Accessory 11171-000006 Masimo SET LNOP Sp02 Patient Cable- 4 foot EA 1 $ 222.00 $188.70
Accessory 11171-000008 Masimo SET LNOP Sp02 Patient Cable - 8 foot EA 1 $ 279.00 $237.15
Accessory 11171-000009 Masimo SET LNOP Sp02 Patient Cable - 12 foot EA 1 $ 347.00 $294.95
Accessory 11171-000007 Masimo SET LNOP Sp02 Sensor - Adult Reusable EA 1 $ 379.00 $322.15
Disposable 11171-000010 Masimo SET LNOP Sp02 Sensor -Pediatric Reusable EA 1 $ 368.00 $312.80
Disposable 11171-000011 Masimo SET LNOP Sp02 Sensor -Adult Disposable (1 box of 20 sensors)BX 20 $ 401.00 $340.85
Disposable 11171-000012 Masimo SET LNOP Sp02 Sensor -Pediatric Disposable (1 box of 20 sensors)BX 20 $ 446.00 $379.10
Disposable 11171-000034 Masimo SET LNOP Sp02 Sensor -Neonatal (<10 KG) Disposable (1 box of 20
sensors)
BX 20 $ 590.00 $501.50
Disposable 11171-000036 Masimo SET LNOP Sp02 Sensor Infant Disposable (1 box of 20 sensors) BX 20 $ 488.00 $414.80
Accessory 11996-000326 Masimo SET RED LNOP Patient Cable - 4 foot EA 1 $ 252.00 $214.20
MASIMO SET LNOP SENSORS AND CABLES
NELLCOR SpO2 SENSORS AND CABLES
9
Product Category Catalog Number Catalog/Product Description UOM #EA per
Unit List Price Net Price
Accessory 11996-000327 Masimo SET RED LNOP Patient Cable - 8 foot EA 1 $ 300.00 $255.00
Accessory 11996-000328 Masimo SET RED LNOP Patient Cable - 12 foot EA 1 $ 424.00 $360.40
Accessory 11171-000024 Masimo SET LNCS Patient Cable - 4 foot EA 1 $ 207.00 $175.95
Accessory 11171-000016 Masimo SET LNCS Patient Cable - 10 foot EA 1 $ 293.00 $249.05
Accessory 11171-000025 Masimo SET LNCS Patient Cable - 14 foot EA 1 $ 438.00 $372.30
Accessory 11996-000323 Masimo SET Red LNCS Patient Cable - 4 foot EA 1 $ 206.00 $175.10
Accessory 11996-000324 Masimo SET Red LNCS Patient Cable - 10 foot EA 1 $ 251.00 $213.35
Accessory 11996-000325 Masimo SET Red LNCS Patient Cable - 14 foot EA 1 $ 424.00 $360.40
Accessory 11171-000027 Masimo SET LNCS 4' extension (for Nellcor equipped units)EA 1 $ 254.00 $215.90
Accessory 11171-000017 Masimo SET LNCS Adult Reusable Sensor EA 1 $ 325.00 $276.25
Accessory 11171-000018 Masimo SET LNCS Pediatric Reusable Sensor EA 1 $ 301.00 $255.85
Disposable 11171-000019 Masimo SET LNCS Adult Disposable Sensors (box of 20)BX 20 $ 324.00 $275.40
Disposable 11171-000020 Masimo SET LNCS Pediatric Disposable Sensors (box of 20)BX 20 $ 368.00 $312.80
Disposable 11171-000028 Masimo SET LNCS Neonatal L Disposable Sensor (box of 20)BX 20 $ 454.00 $385.90
Disposable 11171-000029 Masimo SET LNCS Neonatal Pt L Disposable Sensor (box of 20)BX 20 $ 497.00 $422.45
Disposable 11171-000031 Masimo SET LNCS Infant Disposable Sensor (box 0f 20)BX 20 $ 454.00 $385.90
Disposable 11171-000039 M-LNCS Adtx, Adult Adhesive Sensor, 18-inch, 20/box BX 20 $ 336.00 $285.60
Disposable 11171-000040 M-LNCS Pdtx, Pediatric Adhesive Sensor, 18-inch, 20/box BX 20 $ 357.00 $303.45
Disposable 11171-000041 M-LNCS Inf, Infant Adhesive Sensor, 18-inch, 20/box BX 20 $ 441.00 $374.85
Disposable 11171-000042 M-LNCS Neo, Neonatal/Adult Adhesive Sensor, 18-inch, 20/box BX 20 $ 441.00 $374.85
Disposable 11171-000043 M-LNCS NeoPt, Neonatal Preterm Adhesive Sensor, 18-inch, 20/box BX 20 $ 483.00 $410.55
Accessory 11171-000046 M-LNCS DCI, Adult Reusable Sensor, 1/box BX 1 $ 301.00 $255.85
Accessory 11171-000047 M-LNCS DCIP, Pediatric Reusable Sensor, 1/box BX 1 $ 301.00 $255.85
Accessory 11996-000331 Masimo SET Red Adult Reusable Direct Connect Sensor - 3 foot EA 1 $ 394.00 $334.90
Accessory 11996-000332 Masimo SET Red Adult Reusable Direct Connect Sensor - 12 foot EA 1 $ 725.00 $616.25
Accessory 11996-000333 Masimo SET Red Pediatric Reusable Direct Connect Sensor - 3 foot EA 1 $ 394.00 $334.90
Accessory 11996-000334 Masimo SET Red Pediatric Reusable Direct Connect Sensor - 12 foot EA 1 $ 725.00 $616.25
Accessory 11996-000335 Masimo SET Rainbow Adult Reusable Direct Connect Sensor - 3 foot EA 1 $ 885.00 $752.25
Accessory 11996-000336 Masimo SET Rainbow Adult Reusable Direct Connect Sensor - 12 foot EA 1 $ 1,210.00 $1,028.50
Accessory 11996-000337 Masimo SET Rainbow Pediatric Reusable Direct Connect Sensor - 3 foot EA 1 $ 885.00 $752.25
Accessory 11996-000338 Masimo SET Rainbow Pediatric Reusable Direct Connect Sensor - 12 foot EA 1 $ 1,210.00 $1,028.50
Accessory 11171-000032 Rainbow DCI-DC8, Adult Reuse Sensor, 8 ft EA 1 $ 1,015.00 $862.75
Accessory 11171-000033 Rainbow DCP-DC9, Pedi Reuse Sensor, 8 ft EA 1 $ 1,015.00 $862.75
Accessory 11171-000049 Rainbow DCI Adt Reusable Sensor, 1/box EA 1 $ 640.00 $544.00
Accessory 11171-000050 Rainbow DCIP PED REUSABLE Sensor EA 1 $ 705.00 $599.25
Disposable 11996-000339 Rainbow R25, Adult Adhesive Sensors (SpO2, SpCO and SpMet), 10/box BX 10 $ 715.00 $607.75
Disposable 11996-000340 Rainbow R20, Pediatric Adhesive Sensors (SpO2, SpCO and SpMet), 10/box BX 10 $ 740.00 $629.00
Disposable 11996-000341 Rainbow R25-L, Adult/Neo Adhesive Sensors (SpO2, SpCO and SpMet), 10/box BX 10 $ 715.00 $607.75
MASIMO SET RAINBOW DIRECT CONNECT CABLES
MASIMO SET LNCS SENSORS AND CABLES
MASIMO SET RED DIRECT CONNECT CABLES
10
Product Category Catalog Number Catalog/Product Description UOM #EA per
Unit List Price Net Price
Disposable 11996-000342 Rainbow R20-L, Infant Adhesive Sensors (SpO2, SpCO and SpMet), 10/box BX 10 $ 740.00 $629.00
Accessory 11171-000037 RC-04, Patient Cable, 4 ft. , 1/box EA 1 $ 249.00 $211.65
Accessory 11171-000038 RC-12, Patient Cable, 12 ft. , 1/box EA 1 $ 371.00 $315.35
Disposable 11171-000055 Disposable Light Shield 10/pack PK 10 $ 62.00 $52.70
Accessory 11171-000054 Reuseable Light Shield, 5 /box BX 5 $ 65.00 $55.25
Accessory 11171-000051 DBI-dc8, Adult Soft Reusable Direct Connect SpO2 Sensor, 8 ft., 1/box BX 1 $ 715.00 $607.75
Accessory 11171-000052 DIGITBOOT LNCS DB1, ADT REUSABLE SENSOR,REF 2653 EA 1 $ 335.00 $284.75
Accessory 11171-000053 DIGITBOOTRED DBI-DC8, ADTREUSABLESENSOR,REF 2644 EA 1 $ 715.00 $607.75
Accessory 11996-000183 MNC-1 Adapter Cable - 10 foot EA 1 $ 545.00 $463.25
Accessory 11996-000198 MNC-1 Adapter Cable - 4 foot EA 1 $ 517.00 $439.45
Accessory 11996-000365 RED MNC ADAPTER CABLE, 4FT,2641 EA 1 $ 810.00 $688.50
Disposable 11996-000001 FilterLine H Set Infant/Neonatal (box of 25)BX 25 $ 560.00 $476.00
Disposable 11996-000080 FilterLine H Set Adult/Pediatric (box of 25)BX 25 $ 449.00 $381.65
Disposable 11996-000081 FilterLine Set Adult/Pediatric (box of 25)BX 25 $ 286.00 $243.10
Disposable 11996-000164 FilterLine Set Long Adult/Pediatric (box of 25)BX 25 $ 321.00 $272.85
Disposable 11996-000082 Nasal FilterLine Set Infant/Neonatal (box of 25)BX 25 $ 301.00 $255.85
Disposable 11996-000120 SmartCapnoLine - Pediatric patients <44lbs (box of 25)BX 25 $ 322.00 $273.70
Disposable 11996-000128 SmartCapnoLine w/O2 delivery - Pediatric patients <44lbs (box of 25)BX 25 $ 434.00 $368.90
Disposable 11996-000162 SmartCapnoLine Plus - Adult/Intermediate patients >44lbs (box of 25)BX 25 $ 322.00 $273.70
Disposable 11996-000163 SmartCapnoLine Plus w/O2 delivery - Adult/Intermediate patients>44lbs (box of 25)BX 25 $ 357.00 $303.45
Disposable 11996-000165 SmartCapnoLine Plus Long w/O2 - Adult/Intermediate patients>44lbs (box of 25)EA 25 $ 454.00 $385.90
Disposable 11996-000166 SmartCapnoLine Plus - Adult/Intermediate patients>44lbs (Cs of 100)CS 100 $ 1,170.00 $994.50
Disposable 11996-000167 SmartCapnoLine Plus w/O2 delivery - Adult/Intermediate patients>44lbs (Cs of 100)CS 100 $ 1,260.00 $1,071.00
Electrode 11996-000017 Electrode QUIK-COMBO w/REDI-PAK preconnect PR 2 $ 43.00 $35.21
Electrode 11996-000090 Electrode EDGE QUIK-COMBO RTS PR 2 $ 46.00 $39.10
Electrode 11996-000091 Electrode EDGE QUIK-COMBO Adult PR 2 $ 38.00 $30.64
Electrode 11996-000092 Electrode EDGE Fast-Patch Plus PR 2 $ 22.00 $18.70
Electrode 11996-000093 Electrode EDGE QUIK-COMBO pediatric RTS PR 2 $ 46.00 $36.85
Electrode 11100-000002 Electrode LIFEPATCH ECG , adult, pregelled (4/pkg) PK 4 $ 2.00 $1.70
Electrode 11100-000001 Electrode LIFEPATCH ECG , adult, pregelled (3/pkg) 1-99 PK 3 $ 1.50 $1.28
Electrode 11101-000016 Electrode replacement infant/child reduced energy EA 1 $ 116.00 $98.60
Electrode 11101-000017 Electrode Infant/Child reduced energy starter kit EA 1 $ 189.00 $160.65
Electrode 21330-001024 ADAPTER ASSY-ELECTRODE,HARD PADDLE,PAD PRINTED EA 1 $ 87.00 $73.95
Accessory 11140-000078 Temperature Adapter Cable- 5ft EA 1 $ 370.00 $314.50
ADAPTER CABLES
ORIDION INTUBATED FILTERLINES
ORIDION NON-INTUBATED FILTERLINES
ELECTRODES
TEMPERATURE MONITORING
11
Product Category Catalog Number Catalog/Product Description UOM #EA per
Unit List Price Net Price
Accessory 11140-000079 Temperature Adapter Cable- 10ft EA 1 $ 370.00 $314.50
Disposable 11996-000359 Temp Sensor, Skin Probe, High Dielectric, Disp (box of 20)BX 20 $ 146.00 $124.10
Disposable 11996-000360 Temp Sensor, Esophageal-Rectal, 9FR, Disp (box of 20)BX 20 $ 156.00 $132.60
Accessory 44500-000001 12-Leads Made Easy Web-based training program EA 1 $ 57.00 $48.45
Accessory 44500-000003 Capno Made Easy Web Based Training EA 1 $ 57.00 $48.45
Disposable 11250-000012 Adult AED QUIK-PAK Training Electrode Set (Box of 5 pair)BX 5 $ 81.00 $68.85
Accessory 21330-001365 Test load (for use with QUIK COMBO therapy cable)EA 1 $ 105.00 $89.25
Accessory 11113-000002 QUIK-COMBO Test Plug for testing QC Cable EA 1 $ 25.00 $21.25
Accessory 11996-000311 QUIK-COMBO 12-lead Patient Simulator EA 1 $ 915.00 $777.75
Accessory 11996-000310 QUIK-COMBO 3-lead Patient Simulator EA 1 $ 795.00 $675.75
Accessory 11110-000085 Defibrillation/ECG training electrode cable extension wire EA 1 $ 222.00 $188.70
Disposable 11103-000001 QUIK-COMBO training electrodes (2/PR)PR 2 $ 29.00 $24.65
Disposable 11101-000007 Defibrillation/ECG training electrodes PR 1 $ 31.00 $26.35
Accessory 26500-002481 Operating Instructions: LIFEPAK 12 EA 1 $ 75.00 $63.75
Accessory 21300-007585 Service Manual on CD-ROM: LIFEPAK 12 and BSS2 EA 1 $ 69.00 $58.65
Accessory 26500-000213 LIFEPAK 12 In-service Video EA 1 $ 37.00 $31.45
Accessory 26500-000234 LIFEPAK 12 & BSS2 Service Manual (paper version)EA 1 $ 217.00 $184.45
Accessory 26500-000942 LIFEPAK 12 Operating Instructions EA 1 $ 72.00 $61.20
Accessory 21330-001357 LIFEPAK 15 In-service Video - DVD format EA 1 $ 36.00 $30.60
Accessory 26500-002408 LIFEPAK 15 Operating Instructions EA 1 $ 72.00 $61.20
Accessory 26500-002040 Quik reference Instruction Card for AED and CPR instruction EA 1 $ 7.00 $5.95
Accessory 11996-000369 Monitor to PC USB Cable for connecting LIFEPAK 12 or LIFEPAK 15 to a PC EA 1 $ 294.00 $249.90
Data Management - CORE 11600-000022 CODE-STAT 10 Data Review Seat EA 1 $ 2,705.00 $2,299.25
Service 11600-000024 CODE-STAT Maintenance Subscription (3 Years)EA 1 $ 1,625.00 $1,625.00
Solution 26996-000014 Individual AED Challenge (Per Person/ Yr) $ 15.00 $15.00
Data Management 21340-000706 LIFENET PC Gateway EA 1 $ 447.00 $388.89
Data Management 21996-000073 TITAN II Wireless Gateway EA 1 $ 1,035.00 $900.45
Data Management 21996-000093 Titan II - Wifi & Cellular Gateway (Verizon, Verizon KORE, AT&T)EA 1 $ 1,615.00 $1,405.05
Data Management 21996-000095 Titan II - Wifi & Cellular Gateway (AT&T KORE)EA 1 $ 1,615.00 $1,405.05
Data Management 21996-000092 Titan II - Wifi & Audio & Cellular Gateway (Verizon, Verizon KORE, AT&T)EA 1 $ 2,720.00 $2,366.40
Data Management 21996-000094 Titan II - Wifi & Audio & Cellular Gateway (AT&T KORE)EA 1 $ 2,720.00 $2,366.40
Data Management 21996-000081 Multitech 3G Gateway - AT&T EA 1 $ 1,205.00 $1,048.35
Data Management 21996-000085 Multitech 3G Gateway - Verizon EA 1 $ 1,205.00 $1,048.35
Data Management 21996-000086 Verizon Multitech 3G Gateway (For use with Physio-Control data plan)EA 1 $ 1,205.00 $1,048.35
Data Management 21996-000082 AT&T Multitech 3G Gateway (For use with Physio-Control data plan)EA 1 $ 1,205.00 $1,048.35
Modems
Training
Medical Informatics
LITERATURE
TRAINING TOOLS AND TESTERS
12
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH STRYKER SALES CORPORATION THROUGH THE NATIONAL
ASSOCIATION OF STATE PROCUREMENT OFFICIALS (NASPO) NUMBER # OK-SW-
300, FOR THE PURCHASE OF MECHANICAL CHEST COMPRESSION DEVICES AND
LIFEPAK ITEMS FOR THE CITY OF DENTON FIRE DEPARTMENT; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE
(FILE 7171 – AWARD AN AGREEMENT WITH STRYKER SALES CORPORATION IN
THE NOT-TO-EXCEED AMOUNT OF $200,000).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute the
Agreement with Stryker Sales Corporation under the NASPO Price Agreement , a copy of which
is attached hereto and incorporated by reference herein (the “Agreement”).
SECTION 2. The City Manager, or his designee, is authorized to expend funds pursuant
to the Agreement for the purchase of various goods and service s.
SECTION 3. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or his designee.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by __________________________ and
seconded by _________________________________, the ordinance was passed and approved by
the following vote [___ - ___]:
Aye Nay Abstain Absent
Mayor Chris Watts: ______ ______ ______ ______
Gerard Hudspeth, District 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 _________ _, 2020.
CHRIS WATTS, MAYOR
ATTEST:
ROSARIOS, CITY SECRETARY
BY: ---------------------
APPROVED AS TO LEGAL FORM:
AARON LE ~ CITY ATTORNEY
BY &l ~~v~Y
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: F9E5AF8E-23F0-4285-9DA0-945D6FEAD9A1
Crystal Westbrook
7171COOP
No
CHEST COMPRESSION DEVICE
NASPO ValuePoint
PARTICIPATING ADDENDUM
AUTOMATIC EXTERNAL
DEFIBRILLATORS & ACCESSORIES
Led by the State of Oklahoma
This Participating Addendum will add the City of Denton as a Participating City to purchase from
the NASPO Price Agreement, Number # OK-SW-300, with Stryker Sales Corporation
Master Agreement #: OK-SW-300
Contractor: STRYKER SALES CORPORATION
Participating Entity: CITY OF DENTON
The following products or services are included in this contract portfolio:
All products and accessories listed on the Contractor page of the NASPO ValuePoint
website.
Master Agreement Terms and Conditions:
1. Scope: This addendum covers the automatic external defibrillators & accessories led by the
State of Oklahoma for use by state agencies and other entities located in the Participating
State [or State Entity] authorized by that State’s statutes to utilize State contracts with the
prior approval of the State’s Chief Procurement Official.
2. Participation: This NASPO ValuePoint Master Agreement may be used by all state
agencies, institutions of higher institution, political subdivisions and other entities authorized
to use statewide contracts in the State of Texas. Issues of interpretation and eligibility for
participation are solely within the authority of the State Chief Procurement Official.
3. Primary Contacts: The primary contact individuals for this Participating Addendum are as
follows (or their named successors):
Contractor
Name: Stryker
Address: 3800 E Centre Ave, Portage, MI 49002
Telephone: 800-669-4968
Fax:
Email: heidi.mcgregor@stryker.com
FILE #7171 1
DocuSign Envelope ID: F9E5AF8E-23F0-4285-9DA0-945D6FEAD9A1
NASPO ValuePoint
PARTICIPATING ADDENDUM
AUTOMATIC EXTERNAL
DEFIBRILLATORS & ACCESSORIES
Led by the State of Oklahoma
Participating Entity
Name: City of Denton
Address: 901 B Texas St.
Telephone: 940-349-7100
Fax:
Email: purchasing@cityofdenton.com
4. PARTICIPATING ENTITY MODIFICATIONS OR ADDITIONS TO THE MASTER
AGREEMENT
These modifications or additions apply only to actions and relationships within the Participating
Entity.
Participating Entity must check one of the boxes below.
[x] No changes to the terms and conditions of the Master Agreement are required.
[ ] The following changes are modifying or supplementing the Master Agreement terms and
conditions.
5. Lease Agreements: Reserved
6. Subcontractors: All contactors, dealers, and resellers authorized in the State as shown on
the dedicated Contractor (cooperative contract) website, are approved to provide sales and
service support to participants in the NASPO ValuePoint Master Agreement. The
contractor’s dealer participation will be in accordance with the terms and conditions set forth
in the aforementioned Master Agreement.
7. Orders: Any order placed by a Participating Entity or Purchasing Entity for a product and/or
service available from this Master Agreement shall be deemed to be a sale under (and
governed by the prices and other terms and conditions) of the Master Agreement unless the
parties to the order agree in writing that another contract or agreement applies to such
order.
FILE #7171 2
DocuSign Envelope ID: F9E5AF8E-23F0-4285-9DA0-945D6FEAD9A1
NASPO ValuePoint
PARTICIPATING ADDENDUM
AUTOMATIC EXTERNAL
DEFIBRILLATORS & ACCESSORIES
Led by the State of Oklahoma
IN WITNESS, WHEREOF, the parties have executed this Addendum as of the date of execution
by both parties below.
Participating Entity:
Contractor:
Signature:
Signature:
Name:
Name:
Title:
Title:
Date:
Date:
For questions on executing a participating addendum, please contact:
NASPO ValuePoint
Cooperative Development Coordinator: Tim Hay
Telephone: (503) 428-5705
Email: thay@naspovaluepoint.org
[Please email fully executed PDF copy of this
document to
PA@naspovaluepoint.org
to support documentation of participation and posting
in appropriate data bases.]
Signatures on Next Page
FILE #7171 3
DocuSign Envelope ID: F9E5AF8E-23F0-4285-9DA0-945D6FEAD9A1
CITY OF DENTON Stryker Sales Corporation
Kimberly Plested
Contracts Administrator
1/22/2020
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: _______________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
FILE #7171 4
DocuSign Envelope ID: F9E5AF8E-23F0-4285-9DA0-945D6FEAD9A1
Fire Chief
Fire
Kenneth Hedges
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 relat ionship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Sec tion 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 s ection is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business
day after the date on which you became aware that the 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 gov ernment 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
DocuSign Envelope ID: F9E5AF8E-23F0-4285-9DA0-945D6FEAD9A1
CIQ
STRYKER SALES CORPORATION
Crystal Westbrook
X
None
1/22/2020
X
X
Certificate Of Completion
Envelope Id: F9E5AF8E23F042859DA0945D6FEAD9A1 Status: Sent
Subject: Please DocuSign: City Council Contract 7171-Chest Compression Device-Stryker
Source Envelope:
Document Pages: 6 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 1 Crystal Westbrook
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
crystal.westbrook@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
1/21/2020 3:59:10 PM
Holder: Crystal Westbrook
crystal.westbrook@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Crystal Westbrook
crystal.westbrook@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 129.120.6.150
Sent: 1/21/2020 4:14:53 PM
Viewed: 1/21/2020 4:15:10 PM
Signed: 1/21/2020 4:16:19 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 1/21/2020 4:16:21 PM
Viewed: 1/21/2020 4:23:21 PM
Signed: 1/21/2020 4:23:40 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 1/21/2020 4:23:42 PM
Viewed: 1/21/2020 5:43:18 PM
Signed: 1/21/2020 5:44:23 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kimberly Plested
kimberly.plested@stryker.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 64.136.252.163
Sent: 1/21/2020 5:44:25 PM
Viewed: 1/22/2020 9:42:40 AM
Signed: 1/22/2020 9:46:24 AM
Electronic Record and Signature Disclosure:
Accepted: 1/22/2020 9:42:40 AM
ID: 5f37b6fa-c8ab-43cf-b18c-4d64273cea84
Signer Events Signature Timestamp
Kenneth Hedges
kenneth.hedges@cityofdenton.com
Fire Chief
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 1/22/2020 9:46:26 AM
Viewed: 1/22/2020 10:43:22 AM
Signed: 1/22/2020 10:44:23 AM
Electronic Record and Signature Disclosure:
Accepted: 1/22/2020 10:43:22 AM
ID: bb393c43-9f8f-44a1-8ded-f28292a8d7d2
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 1/22/2020 10:44:24 AM
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 Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 1/21/2020 4:16:21 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 1/22/2020 10:44:25 AM
Carbon Copy Events Status Timestamp
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-311,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the City Manager,or his designee,to utilize a contract through the City of Grand Prairie Contract Number 6471
R1,for pavement marking services;providing the expenditure of funds therefor;and providing an effective date
(File 7283 - awarded to Stripe-A-Zone, Inc., in the not-to-exceed amount of $500,000).
City of Denton Printed on 2/7/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
CFO: Antonio Puente, Jr
DATE: February 11, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager, or his designee, to utilize a contract through the City of Grand Prairie
Contract Number 6471 R1, for pavement marking services; providing the expenditure of funds therefor;
and providing an effective date (File 7283 – awarded to Stripe-A-Zone, Inc., in the not-to-exceed amount
of $500,000).
INFORMATION/BACKGROUND
This contract will be used to complete the Shady Oaks Drive, San Jacinto Boulevard, Edwards Road, Ector
Street, and Evers Way roadways. This service will primarily be used by the Traffic Operations department,
but it includes the ability for use by other departments. This contract will be used to provide pavement
markings for the motoring public and increase public safety on our streets and school zones.
The contract includes all labor, material, and supervision necessary to complete installations of pavement
markings under the direction of the City of Denton Traffic Operations Department. The supplier for each
contract shall bill the entity using the contract directly for all goods and services purchased, and each entity
shall be responsible for payments and ensuring the supplier's compliance with all conditions of the
agreement.
The agreement, Contract Number 6471 R1, began June 20, 2016 for a twelve (12) months term, with
optional twelve (12) months renewals. The contract latest implementation date is August 17, 2019 with a
termination date of August 16, 2020.
Pricing obtained through the City of Grand Prairie has been competitively bid and meets the statutory
requirements of Texas Local Government Code 271.102.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On April 23, 2019, Council approved the interlocal agreement with the City of Grand Prairie (Ordinance
19-836).
RECOMMENDATION
Award a contract with Stripe-A-Zone, Inc., for pavement markings services for the City of Denton, in the
not-to-exceed amount of $500,000.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
PRINCIPAL PLACE OF BUSINESS
Strip-A-Zone, Inc.
Grand Prairie, TX
ESTIMATED SCHEDULE OF PROJECT
This project will be started upon approval with a completion date by August 6, 2020.
FISCAL INFORMATION
These services will be funded from Traffic Operations Operating Budget account 352001.6516.
Requisitions will be entered into the Purchasing software system on an as-needed basis. The budgeted
amount for this item is $500,000.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Pricing
Exhibit 3: Ordinance
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Haley Salazar at 940-349-7227.
Legal point of contact: Mack Reinwand at 940-349-8333.
City of Grand Prairie Bid 16113
BID SHEET Yenclor Name r' f?, ZO?'/L' '''
RFB# 16113 Confact r'/ j' :. C, vv7 '
PAVEMENT MARKING SERVICES Email O.tA''!,6"_-'2e '''`
Estimated onc-ycar quantities aze given. Estimated usage shall nofconstitute an ptione j !„„ ,a .,. „} 4
ordci, but only, implics ffie probablc quantity it e city,wiil usa: Thc City reserVCs
the right to incicasa or decreaso quantities with no incrcase in cast to the City.
Ci /State R'9vU / ,t.Ctl
tem#Description UOM ES Unit Price Est Cost
Quantity
O .
Reflective Pavemnt Markirr TY I W BRK 4"LF 30000 704 '
2 Reflective Pavement Markin : TY i W BRK 6"F;30 00 ; S" :. f'OD °"'
3 m
Reflective Pavement Markin TY i W BRK 8"15000 S- p
4 15d00 u SO ""Reflective Pevement Marki ' T`Y I W BRK 12'LF 7i
5 Reflective Pavement Marki ' TY I WSLD 4" .LF.30000 7,, dD
6 Reflective Pavemenf Markin` TY I W SLD 6°LF 30000 S ,,,; _ I/'_r: ?4
7 a'""`
Reflective Pavement Markin T1' i W SLD 8"LF 15000 9s "'7S iO
Reflective Pavemenf Markin TY i W SLD 12"7500 3, 3r -'`o,-
9 Refl2ctive Pavement Markin TY I W SLD 24"F 750d 5.3 ilY.,
10 eflecfive Pavement Markin TY I W SLD ARROW EA 108 q 3's y; °
11 Reflec6ve Paverrrent Marki TY ! WSQ D8 ARROW E;4 30 l' .'..., r.v9 .
Y .
l Reflective Paveme t Markin TY I WSLD V1 JRD EA 30 3.._:;_'. 3. ` -
13 Reflective Pavemenf Markin TY f iN SLb RR XING EA 30 r :3, .
e, ..:
14 Reflective Pavement Marki > TY I Y SLD 4"LF 60000 i Zto.
15 sooao 20 vvoReflectivePavementMarki ' TY II W BRK 4"LF i
e16ReflectivePavementMarkin' TY II W BRK 6"LF 30 00 p !DO ...
pO.,n,w'
17 Refiective Pavement Markin TY II W BRK 8"LF 15000 3,' g; ._ 0-
18 Reflective Paver'nent Marki ` TY II V1l SLD 4"F 15000 :2
Reflective Pavement Markin TY Ii W SLb 6"15000 ' r:, Z 3 3•
20 Refiective Pavement Markin TY I W SLD 8"LF 15000
o
2? ` Reflecfive Pavement Markin TY il W SLD 12"F 7500 G;
no.--
22 Reflective Pavement Markin ` TY 11 W SLD 24"LF 7500 f . 33 ._. f r'f f; ,
a
23 Reflective Pavement Markin' TY II W SLD ARROW EA 10 Z. ._.:w._..r_ •
24 efiective Pavement Markin TY f l VH SLD DBL ARROW EA 30 3 d '—
25 ReffectivePavement Martci '' TY fi W SLD WORD Eq 30 3 y ,f p` ''
y a 3 , n, a.—26 Reflective Pavement Markin TY 11 W SLD RR XWG ' EA 30
27 sooao p < Reflective Pavement Markin TY I I Y SLD 4'LF
28 Eliminate Existin Pavement Markin 4"30000 _
l'
2g Elimina#eExistin PavementMarki 6"30000 7__'__,_, S jp `y""'
30 Eliminate Existin Pavement Marki 8"LF 15000 s::700 °I31EliminateExistinPavementMarkin12"F 7500 -j Z S ,
7/12/2016 8:09 AM p- `
City oI Grand Prairie 8id 16113
32 Eliminate Existin Pavement Markin 24"LF j%^:. a°, °
33 o
El minate Existin Pavemenf Markin ARROW EA BC
34 Etiminate Eacistin Pavement Markin WORb EA 30 p. °--
3 $ Eliminate Existin Pavement' Markin RR XING EA 30 0. .. "_ W. -
36
o
Pavement Markin Pre aration 4"LF 3oD00 j . j y pp •"'
3 Pavement Marki Pre ara#ion 6"L 30000 2 ,
38 Pavement Marki Pre aration 8"F 15000 = r ., f 2, y,_, 3.co
39 Pavement Markin Pre ratiort 12°LF 15000 3 ; ._ i"O .
n ':.Qr"'. ..._.PaVement Markin Pre ration 24 LF 7500 9k ;-oo, _
41 Pavement Markin Pre aration ARROW EA 108 f%` ."''"
42 Pavement Martcin Pre ara#ian DBL ARROVI/Eq 30 Q "?
43 pavement Marki Pre aration W RD EA 30
4 ' 4 ' PaVemenf Marki Pre aration RR X1NG EA 30 D O
w.: ,_ _ MV.. .. ._
4 Raised Pavement Marker CL B REFL Tf 1 A EA t 'l r. ,, `: I.2 pO° Q '
46 Raised Pavement Madcer CL B REFL 7Y 11 A-A q 3000 t'"` ,o00
47 Raised Pavement Marker CL B REF TY I C EA 3000 a' ..
48 Raised PaVement Maticer CL B REFL TY ii C-R EA 3000 1,, pG „.
49 Eliminate Existin Pavement Markers Ep 6000 4c. "
o:.--
ESTIMATED TOTAL 6 3-
7/12/201 fi 8:09 AM .. p. 27
ORDINANCE NO. -----
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER, OR IDS DESIGNEE, TO UTILIZE
A CONTRACT THROUGH THE CITY OF GRAND PRAIRIE CONTRACT NUMBER 6471
R1, FOR PAVEMENT MARKING SERVICES ; PROVIDING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 7283 -AWARDED
TO STRIPE-A-ZONE, INC., IN THE NOT-TO-EXCEED AMOUNT OF $500,000).
WHEREAS, pursuant to Ordinance No. 19-836, the City of Grand Prairie has solicited,
received, and tabulated competitive bids for the purchase of necessary materials, equipment,
supplies, or services in accordance with the procedures of state law on behalf of the City of
Denton; and
WHEREAS, the City Manager, or a designated employee, has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the City of Grand Prairie contract at less cost than the City would expend if bidding these
items individually; and
WHEREAS , the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREF ORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. The items shown in the "File Number" referenced herein and on file in
office of the Purchasing Agent, are hereby accepted and approved as being the lowest
responsible bids for such items :
FILE
NUMBER
7283
VENDOR
Stripe-A-Zone, Inc.
AMOUNT
$500,000
SECTION 2. By the acceptance and approval of the items set forth in the referenced file
number, the City accepts the offer of the persons submitting the bids to the City of Grand Prairie
for such items and agrees to purchase the materials, equipment, supplies, or services in
accordance with the terms , conditions, specifications, standards, quantities and for the specified
sums contained in the bid documents and related documents filed with the City of Grand Prairie
and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the referenced file number wish to enter into a formal written agreement as a result of the
City's ratification of bids awarded by the City of Grand Prairie, the City Manager, or his
designated representative, is hereby authorized to execute the written contract which shall be
attached hereto; provided that the written contract is in accordance with the terms, conditions,
specifications and standards contained in the Proposal submitted to the City of Grand Prairie, and
related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or his designee.
SECTION 5. By the acceptance and approval of the items set forth in the referenced file
number, the City Council hereby authorizes the expenditure of funds therefor in the amount and
in accordance with the approval purchase orders or pursuant to a written contract made pursuant
thereto as authorized herein.
SECTION 6 . This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by and
seconded by the ordinance was passed and approved by
the following vote[_-_j:
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 _________ --' 2020 .
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: --------------
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-354,Version:1
AGENDA CAPTION
Consider approval of a resolution revising the City of Denton Employee Ethics Policy,reference number 10.00,
within the City of Denton Personnel Policies and Procedures; and providing an effective date.
City of Denton Printed on 2/7/2020Page 1 of 1
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.co m
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement/Compliance
CFO: Antonio Puente, Jr.
DATE: Februar y 11, 2020
SUBJECT
Consider approval of a resolution revising the Cit y of Denton Employee Ethics Policy, reference number
10.00, within the Cit y of Denton Personnel Policies and Procedures; and providing an effective date.
BACKGROUND
A Charter Election was held on November 7, 2017 for the purpose of submitting to voters five propositions
for amendments to the Denton City Charter. Proposition D approved the adoption of an ethics ordinance by
the City Council. The City Council hired outside attorney Alan Bojorquez to facilitate the development of
the ethics ordinance that was adopted by Council on May 1, 2018. The ethics ordinance applies to City
Officials, department heads appointed by Council, and vendors.
In an effort to hold all City emplo yees to the same ethical standards as Cit y Officials, City Council adopted
a separate ethics policy, Reference number 10.00, on April 17, 2018 for City employees to reinforce our
commitment to ethical behavior. The ethics policy serves as a resource for employees, setting expectations
and helping to ensure employees are performing their duties in a manner that will protect them as well as
enhance the credibilit y of the organization.
The goal of the revisions is to clarif y definitions and processes, respond to employee feedback received
since implementation, and allow for flexibility to respond to future events not specifically outlined in the
policy. The proposed policy revisions will cover the following:
• Nepotism
o Remove restriction stating temporary and seasonal employees may not be employed by the
operational division longer than 120 calendar days within a twelve-month period.
• Gifts, meals, and events
o Defining nominal value as an item with a value of less than $50, excluding cash and cash
equivalents (e.g., gift cards), if it was not given in exchange for an y exercise of official
discretion.
o Allow for exceptions to the gifts, meals, and events to be granted b y Compliance or the City
Manager if not specifically outlined in policy. Granted exceptions are to be reported to City
Council.
o Adding exceptions to gifts allowed including:
▪ Items of nominal value received b y an employe e as part of an appreciation event
sponsored or hosted b y the City, a civic organization, or non-profit (vendors
excluded).
▪ Items of nominal value received for achievement or recognition.
▪ The meal or perishable items are of nominal value and provided b y member(s) of the
public, a non-profit, or a civic organization (vendors excluded) expressing general
appreciation to a department, office, or work group.
• Serving on boards and commissions
o Employees serving on a board or commission that has business with the City (excluding official
City boards which require appointment by Council) must recuse themselves from discussing or
making decisions regarding City business.
o Meeting minutes should reflect emplo yee’s recusal.
Events for Police and Fire that were not contemplated in the original policy but are important to continue
to increase communit y engagement and staff appreciation are included in the proposed changes. These
types of events are examples of exceptions that the City Manager would be allowed to grant under the
proposed polic y revisions and report to Council through a stand-alone written report.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
A work session report and policy draft were presented at the April 10, 2018 Council meeting. On April
17, 2018, Council approval of a resolution incorporating a City of Denton Employee Ethics Policy,
Reference number 10.00, within the City of Denton Personnel Policies and Procedures.
A work session report and proposed policy changes were presented at the December 17, 2019 Council
meeting.
EXHIBITS
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Red-lined Ethics Policy
Exhibit 3 - Ethics Resolution and Policy
Respectfully submitted:
Cassey Ogden
Director of Procurement & Compliance
HR/POLICY/10.00 APPROVED BY: (RESOLUTION #)
CITY OF DENTON PAGE 1 OF 154
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
SECTION: Human Resources REFERENCE NUMBER:
10.00
SUBJECT: Ethics INITIAL EFFECTIVE DATE:
4/17/18
TITLE: Ethics LAST REVISION DATE:
1/28/202/11/20
POLICY STATEMENT
Public service is a public trust of which all City employees are stewards. It is essential that the public has
confidence in those who act on their behalf in government. It is the City’s policy to promote, uphold, and
demand the highest standards of ethical behavior from all employees. The purpose of this policy is to set ethical
expectations and guidelines, foster an environment of integrity and impartiality, and thereby enhance the City’s
ability to function effectively.
By promoting the City’s values, and prohibiting conduct incompatible with the best interest of the organization
and public, risks are minimized and public trust is strengthened. Each City employee must strive to adhere to
the technical compliance and principles set forth in this policy. It is not the purpose of this policy to provide a
mechanism to defame, harass, or abuse employees, or to exploit personal grudges.
This policy is not all-inclusive. It is supplemental to all applicable City policies, ordinances, and State/Federal
laws and regulations. Employees are expected to use reasonable judgement for decisions that are not outlined
in this or other City policies. Other policies may be referenced for more detailed information.
ADMINISTRATIVE PROCEDURES
I. Conflicts of Interest
A conflict of interest is a situation in which personal, and/or financial, considerations have the potential to
influence or compromise professional judgment or actions. Conflicts of interest are challenging
organizational concerns because they are subject to sensitivities based on perception. In order to manage
the associated risks, real or perceived, it is the City’s policy to address conflicts of interest through
disclosure and recusal.
A. General Rules
Employees shall be proactive and transparent with any relationships that are a potential conflict of
interest. Employees shall avoid actions or conduct that they know, or should know, is likely to impact
the personal or financial interests of:
• The employee;
• The employee’s spouse, child, parent, or member of the household;
• An outside client or secondary employer of the employee;
PAGE 2 OF 154
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: Ethics REFERENCE NUMBER:
10.00
HR/POLICY/10.00
• A client or employer of the employee’s spouse, child, parent, or member of the household;
• An entity for which the employee serves as an officer, director, or policy maker;
• A board or committee to which the employee is appointed; or a person or entity with whom the
employee or their spouse solicited, received, or accepted an offer of employment or business
opportunity within the past twelve (12) months.
B. Disclosure and Recusal
Employees shall proactively report by submitting a disclosure form for any relationship that presents a
potential conflict of interest as soon as they are aware of the conflict. Employees involved in a purchase
or solicitation must submit the required disclosure forms before any solicitation material will be shared
with them. The disclosure forms will be reviewed by Purchasing, Compliance, and Legal to determine
if a conflict exists. If a conflict is identified, the employee will be recused from any decision-making,
influence, or solicitations that involve the vendor or individual(s) identified in the conflict.
C. Training
Employees shall complete annual training regarding this policy.
II. Private Interests
• Employees shall not use their position with the City to receive special treatment for themselves or
anyone else;
• Employees shall not use their position with the City to unfairly hurt the private interests of another;
• Employees shall not represent a private interest before the City for compensation;
• Employees shall not present private interests to Council, boards, or committees that conflicts with
duties, assignments, or projects for which they are involved and/or have decision making authority;
• Employees shall not assert or imply they have the ability to influence City action on any basis other
than the merits; and
• Decisions on behalf of the City shall be made on the merits of the issue, not on any personal
considerations.
III. Nepotism
In order to prevent conflicts of interest, to avoid accusations and perceptions of biased conduct, and to maintain
the confidentiality of restricted information, employment of certain related persons by the City, or within
designated City departments, is not allowed. The provisions of this policy apply to persons from outside the
City workforce who are applying for employment, or re-employment, with the City, as well as those employees
applying for or transferring to other positions within the City.
No person shall be appointed to an office, or be employed by the City of Denton, who is related to any member
PAGE 3 OF 154
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: Ethics REFERENCE NUMBER:
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of the City Council or the City Manager within the third degree of affinity (“marriage”) or consanguinity
(“blood”), and this shall apply to heads of departments in their respective departments.
In a department comprised of more than one operational division, an applicant related within the third degree
of marriage or blood to a City employee employed in that operational division will not be eligible for
employment within the same division. An applicant for a job in a department consisting of one operational
division who is related within the third degree of marriage or blood to an employee of the department will not
be eligible for employment in that department. At the discretion of the department head, and with the approval
of the City Manager, or designee, stricter guidelines for business reasons may be instituted as long as the
reasons are not illegal or discriminatory.
An applicant for a temporary or seasonal position within an operational division of the City may be eligible for
the position, without regards to kinship of other employees within that operational division, as long as the
period of employment does not exceed 120 days within a twelve-month period.
An applicant for a job in an operational division that reports to or serves as staff liaison to a City board or
commission is ineligible for employment in that division if the applicant is related within the third degree of
marriage or blood to any member of the board.
NOTE: Nepotism guidelines as defined in approved Meet and Confer agreements will supersede this policy.
A. Kinship
For the purposes of this policy, the following shall constitute familial relationships:
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Relationships by Blood
YOU
Relationships by Marriage
3rd Degree 2nd Degree 1st Degree 1st Degree 2nd Degree 3rd Degree
• Great
grandparents
• Great
grandchildren
• Uncle
• Aunt
• Nephew
• Niece
• First cousin
• Siblings
(including ½
siblings)
• Grandparents
• Grandchildren
• Parents
• Children
(includes
adoption)
• Spouse
(legal or
common-law)
• Step Parents
• Step
Children
• Parents-in-
law
• Son-in-law
• Daughter-
in-law
• Brother-in-law
• Sister-in-law
• Grandparents-
in-law
• Grandchildren-
in-law
• Great
grandparents-
in-law
• Great
grandchildren-
in-law
• Uncle-in-law
• Aunt-in-law
• Nephew-in-
law
• Niece-in-law
• First cousin-
in-law
B. “Operational divisions” within a department will be determined by that department’s organizational
chart and are not necessarily equivalent to a department’s budgetary divisions.
C. An applicant shall be required to list on their application for employment all relatives related within
the third degree of marriage and blood who are employed by the City, serving on the City Council,
or serving on a board or commission. Failure of an applicant to list all applicable relatives employed
by the City, or serving on a board or commission, shall result in the disqualification of the applicant
for the position for which they have applied.
D. No current employee may be appointed or promoted to any supervisor's span of responsibility who is
related within the third degree of marriage or blood to that supervisor.
E. In the event of promotion or marriage between two City employees, the following shall apply:
1. If the affected employees are employed in different departments, or different operational
divisions of a department, those employees may remain with the City and their job positions will
remain unaffected by the marriage or promotion.
2. At the discretion of the department head, married employees may remain and work in the same
division or department if provided that one is not directly reporting to the other and neither is in
the same chain of command. The affected employees may report to the same department head.
If however, the affected employees are unable to meet these criteria, then one must seek a transfer
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to another division of that department or another department. This decision shall be made and
agreed upon by those employees involved. An employee seeking a transfer will be considered
for any City position for which the employee is qualified but cannot remain in the existing
division for more than six (6) months. Qualifications being equal, the transferring employee shall
be given preferential treatment. If a suitable position cannot be found by the end of this period,
one of the two must terminate, or be subject to reassignment, if another position is available.
Reassignment is subject to the discretion of the City Manager and based on the individual's skills
and qualifications.
F. Relatives of City Council, Boards or Commissions
If an employee is already employed with the City, and has been employed with the City at least six
(6) months, then the employee is not required to transfer or resign upon the appointment of a relative
to City Council, a board, or commission. However, an applicant of a relative of an existing City
Council member, board member, or commission member is not eligible for employment in the
operational division, which serves as the liaison to the City Council, board, or commission.
G. Relatives of City Manager or Department Head
If an employee is already employed with the City, and has been employed with the City at least six
(6) months, then the employee is not required to transfer or resign upon the hiring of the City Manager
or department head who is a related to the employee within the third degree of marriage or blood.
However, the employee may not report directly to their relative.
H. If the City institutes a reorganization that changes operational divisional or departmental boundaries,
and an employee would then be working within the same operational division as, or supervising, a
member of their immediate family, one of the affected employees must transfer to another operational
division. The six (6) month period to arrange a transfer may be extended in 30-day increments with the
approval of the City Manager, the department director, and the supervisor. The extension shall not
exceed 90 calendar days. If a transfer is not possible, one of the employees will be subject to mandatory
reassignment. If this is not possible, one of the employees will be subject to dismissal. The
determination of which employee shall be reassigned or terminated will be based upon the business
interest of the operational division.
I. Temporary and seasonal employees of the City shall be partially exempt in that two (2) or more members
of the same family who are related within the third degree of marriage or blood may be employed within
the same operational division as long as the following apply:
1. No more than one of the related employees may be a regular (non-temporary and non-seasonal)
employee of the operational division;.
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2. The related employees may not be in a direct reporting relationship with each other, a second
level report, or responsible in any manner for the scheduling, discipline, or work assignments for
each other; and, Related employees will not occupy positions in the same line of authority in
which employees can initiate, influence, or participate in, directly or indirectly, decisions
involving a direct benefit. Examples of such decisions include, but are not limited to, hiring or
rehiring, retention, transfer, promotion, wages, leave requests, or other working conditions;
2.
3. The temporary and seasonal employees may not be employed by the operational division for a
period lasting longer than 120 calendar days within a twelve-month period.
3. Employees may not audit, evaluate, or review, in any manner, the related employee’s work;
4. Employees will not be informed of or involved in disciplinary actions or performance
management regarding the related employee’s work;
5. The relationship will not create an adverse impact on work on the department (i.e. reduction in
work productivity, performance, disruption, etc.);,
and
J. Any employee relationship, regardless of the position the affected parties are in, that creates a disruption
or potential disruption in the work environment, creates an actual or perceived conflict of interest as
determined by the employee’s supervisor(s), Compliance, the Human Resources Department, or the
City’s Manager’s Office, or is otherwise prohibited by applicable law is not permissible under this
policy.
K. This policy applies to all current employees and candidates for employment.
IV. Gifts, Meals, and Events
A. Gifts or Favors
Employees shall neither solicit, nor accept, gifts or favors offered from an individual, business, or
organization due to their position with the City (See Exceptions).
A gift is defined as any tangible or intangible thing that can be reasonably inferred as benefitting the
employee and/or influencing the employee’s judgement or actions. This includes but is not limited to
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cash, cash equivalents (e.g., gift cards), merchandise, food baskets/trays, meals, transportation, lodging,
entertainment, use of facilities or property, and discounts.
A favor is defined as performing an action, taking an action, or refraining from an action in a manner
advantageous to an employee, customer, business, or organization in a manner atypical of normal
business practices or policies. Examples include, but are not limited to, waiving charges or fees or
providing non-public information that could be used for financial or political gain.
There are a few exceptions to the gift prohibition. Employees should use their best judgement of what
meets this criteriona and ask for clarification from their supervisor, Compliance, or Human Resources,
when needed.
Exceptions include:
• Items offered or received at an internal employee event, City-sponsored or event hosted byfor the
City employees (e.g., Benefits and Wellness Fair);
• Items included in event registration and available to all attendees (e.g., conference “swag bags”);
• Marketing items of nominal value that are widely distributed via mail or at events (e.g., pens,
notepads, or keychains);
• Perishable items of nominal value given by member(s) of the public or a civic organization
expressing general appreciation to a department, office, or work group (e.g., water, cookies);
• Items of nominal value received by an employee as part of an appreciation event sponsored or hosted
by the City, a civic organization, or non-profit (vendors excluded);
• Items of nominal value received for achievement or recognition (seein conformance with this
Section Achievement or Recognition section C-iii); .
• Items received by an employee under circumstances independent of their position with the City
(e.g., received from a friend, relative, or independent business relationship); oror
• Discounts that are available to all City employees; see the City’s solicitation policy (114.01).
If a gift does not meet one or more of these exceptions and is accepted by an employee (or the employee
is unable to respectfully decline the gift), the gift must be disclosed and donated in accordance with .
See Section IV.D – Disclosure.
Nominal value in this Policy is defined as an item with a value of less than $50, excluding cash and cash
equivalents (e.g., gift cards), if it was not given in exchange for any exercise of official discretion.
A favor is defined as performing an action, taking an action, or refraining from an action in a manner
advantageous to an employee, customer, business, or organization in a manner atypical of normal
business practices or policies. Examples include, but are not limited to, waiving charges or fees or
providing non-public information that could be used for financial or political gain.
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Gifts or favors shall neither be solicited nor accepted as part of a quid pro quo arrangement in which
the gift is granted to the employee or expected by the employee in return for the performance of an
official act. Bribery is prohibited, with no exceptions, as stated in Penal Code 36.10.
B. Meals
Employees shall neither solicit nor accept meals offered from an individual, business, or organization
due to their position with the City (See Exceptions). Employees shall further manage the appearance or
risk of impropriety by avoiding meals and/or social functions with individuals, businesses, or
organizations that can be reasonably inferred as personally benefitting the employee and/or influencing
the employee’s professional judgement or actions. Limited exceptions include:
• The meal is provided as part of an approved event, is included in the event’s itinerary and
registration, and is available to all attendees;
• The meal is essential to business needs or cannot be avoided in the process of performing essential
duties (each party or their organization must pay for their own meals and disclose);
• The meal discount is part of a campaign or corporate policy for City employees;
• The meal is included as part of a community event where attendance by the employee is required as
part of their essential duties;
• The meal or perishable items are of nominal value and provided by member(s) of the public, a non-
profit, or a civic organization (vendors excluded) expressing general appreciation to a department,
office, or work group; or
• The meal is discounted or gifted for reasons independent of the employee’s position with the City.;
C. Events
Attendance of events must be deemed essential for training or business needs and approved by the
employee’s chain of command. Events include, but are not limited to, conferences, off-site meetings,
and trade shows. Travel and expenses should also be approved and follow the City’s policies for
reimbursement of expenses (408.01 and 408.03), where applicable.
Discounted or complimentary registration, transportation, meals, or lodging for events are prohibited
with the exception of:
• Transportation and lodging discounts that are extended to all government employees or attendees of
the event (e.g., government hotel rate or pay for 2 get 1 free conference registration);
• Meals that meet the exceptions outlined in the meals section of this policy (section IV-B); or
• Transportation, registration, meals, or lodging provided due to a speech or service the employee
rendered at the event (see Honorariums).
• Scholarships earned from organizations that are not vendors or that do not have the potential to
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benefit contractually or financially from the City or its employees; or
Admission, transportation, meals, entertainment, or lodging accepted as a guest for a widely-
attended event, such as a convention, conference, symposium, forum, panel discussion, dinner,
viewing, reception or similar event, offered by the sponsor of the event, and unsolicited by the
employee if attending or participating in an official capacity;
• Admission to a widely-attended event, such as a convention, conference, symposium, forum, panel
discussion, dinner, viewing, reception or similar event, offered by the sponsor of the event, and
unsolicited by the employee if attending or participating in an official capacity, including:
o The employee participates in the event as a speaker or panel participant by presenting
information related to matters before the City.;
The employee performs a ceremonial function appropriate to that individual's position with the City.
(see Honorariums).
If an event does not meet the exceptions provided above for gifts, meals, or events, indicated in the
meals and/or events sections, and an employee feels attendance is necessary for their essential job duties,
they can seek prior approval to attend the event from Compliance or the City Manager’s Office. In
granting specific exceptions, Compliance or the City Manager’s Office shall con sider if the gratuitous
nature of the gift, meal, or event is likely to unduly influence the employee or interfere with the objective
performance of the employee’s official duties. If in the sole discretion of Compliance or the City
Manager’s Office it is determined that acceptance of a particular gift, meal, or event attendance is
reasonably likely to cause the Eemployee to demonstrate biased behavior or preferential treatment, the
request for an exception shall be denied.
i. Honorariums
Honorariums are defined as payment of money or anything of value for an appearance, speech or
article. State law prohibits a public servant from soliciting or accepting an honorarium if the subject
matter is directly related to the person's position with the City. This applies even if the employee
provides the speech or services on their own personal time and there is no expenditure of public
resources. The audience or organization for which the speech or services are being provided is not
a factor or exception. Discounted or complimentary transportation, meals, or lodging are acceptable
in these circumstances.
ii. Games of Chance
A game of chance is defined as any game or contest in which the outcome depends on chance,
regardless of whether there is a cost to participate (e.g., raffles, drawings, or sweepstakes). An
employee who is representing the City at an event or who is attending the event at the City’s expense,
shall not participate in games of chance or accept a prize or award from a game of chance associated
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with that event. An exclusion is internal, City-sponsored events (e.g., Benefits and Wellness Fair).
iii. Achievement or Recognition
Employees may accept items of little intrinsicnominal value such as plaques, certificates, trophies,
and flowers that are awarded for recognition of meritorious service or professional achievement and
intended solely for presentation. A trophy is defined as a tangible, durable reminder of a specific
achievement, and serves as recognition or evidence of merit. Trophies provided due to employee
performance in a pre-approved competitive event may be accepted. Employees may accept
certification, honorary membership, or a fellowship awarded on the same terms and based on the
same criteria applied to other candidates or applicants. Acceptance of cash, cash equivalents, or any
other prizes that do not meet these terms are prohibited.
D. Disclosure
Proactive steps should be taken to inform individuals, businesses, and organizations of the City’s
policies regarding gifts, meals, and events. Any unsolicited gifts received by an employee, department,
office, or work group that do not meet the exception criteria, are property of the City. Every effort
should be made to decline and/or return the gift to the sender or to donate the gift to an approved
organization. The sender should be contacted to express appreciation and explain the City’s gift policy.
In addition to these gifts, any unsolicited meals that cannot be declined or that do not meet the listed
exceptions, shall be disclosed. Employees shall disclose all such gifts and meals as soon as possible, but
no longer than three (3) business days, from receipt. Disclosure should be provided prior to transporting
gifts for donation.
V. Boards, Commissions, and Association Memberships
Employees serving as members of boards, commissions, or associations (excluding Police and Fire labor
associations and official City boards which require appointment by Council) that have business with the City
through contract or financial support will require disclosure and approval to avoid appearance of favoritism,
impropriety, and/or conflicts of interest. Prior to serving on a board, commission, or association, an employee
must request prior approval through their department head. Disagreements with denials should be addressed
through the City Manager’s Office. An employee who is serving on a board at the time of hire and who intends
to continue serving must also obtain approval. Before approving a request, department heads will consider the
employee’s position and role in funding and policy decisions as a board, commission, or association member
that could create a conflict or appearance of conflict of interest for either the employee or the City. Employees
must recuse themselves from discussing or making decisions regarding any City business with the board,
commission or association while serving on the board, commission, or association. The employee must also
take steps to ensure the meeting’s minutes adequately document the recusal.
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VI. Confidential Information
Confidential information includes all information held by the City that is not available to the public under
the Texas Public Information Act.
• An employee shall not use their position to obtain official information about any person or entity
for any purpose other than the performance of their essential duties.
• An employee shall not intentionally, knowingly, or recklessly disclose any confidential
information gained by their position concerning the property, operations, policies, employees, or
affairs of the City. This rule does not prohibit:
1. Any disclosure that is no longer confidential by law; or
2. The confidential reporting of illegal or unethical conduct to authorities designated by law.
VII. Secondary Employment
The City shall be the primary employer for all employees for which benefits are being supplied (excludes
temporary and seasonal employees). An employee may be employed in any capacity in any other business,
trade, occupation or profession while employed by the City, so long as it is determined that such employment
does not tend to bring the City into disrepute, reflect discredit upon the employee, impair independence of
judgment, create a conflict (or appearance of a conflict of interest), or conflict with their employment or
performance as a City employee. It is the intention of this policy to protect the employee and the City from
unintended consequences from secondary employment.
The City recognizes the prerogative of its employees to pursue other employment to occupy their off-duty
hours. However, this must be balanced with the City's need for full productivity during working hours and with
loyalty from its employees.
No City time, resources, personnel, facilities, or equipment may be used in conjunction with secondary
employment, unless authorized in advance by the City Manager or designee.
Secondary employment shall not impair the employee's availability upon emergency recall by the City.
Secondary employment will not be considered an excuse for poor job performance, absenteeism, tardiness, or
refusal to work overtime. Should the secondary employment cause or contribute to any of these situations, it
must be discontinued or the employee will be subject to disciplinary action, up to and including termination
from City employment.
As the primary employer, the employee must recognize the City's need for flexibility and changing schedules
based upon the demand for services or departmental needs.
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A. External Secondary Employment
1. Prior to engaging in secondary employment, whether as an employee at another organization,
independent contractor, or self-employed, an employee must request prior approval through their
immediate supervisor and department head. An employee who is working another job at the time of
hire, and who intends to continue the other employment, must also obtain approval as outlined in this
section.
2. All requests for secondary employment must be submitted on a “Secondary Employment Approval
Request” form.
3. Before approving a request for secondary employment, supervisors and department heads must
ensure the secondary employment does not violate City or departmental rules, policies, or procedures
or create a conflict (or appearance of a conflict of interest) for either the employee or the City.
4. If a request for secondary employment is approved, the request must be forwarded to the Human
Resources Department for inclusion in the employee’s personnel file.
5. Approval may be denied or withdrawn at any time by the department head, upon consultation with
the Human Resources Director, or designee, when such employment violates City or departmental
rules, policies, or procedures or creates a conflict (or appearance of a conflict of interest) for the City.
The reason for denial or withdrawal must be documented in writing to the employee. Disagreements
with denials or withdrawals should be addressed through the City Manager’s Office.
6. Generally, approvals or denials/withdrawals should be communicated to the employee in writing
within 72 hours (excluding weekends) of receiving the Secondary Employment Approval Request
form. Delays to this timeline should be communicated to the employee.
7. An approval form is required for every job outside of the City, regardless of location, nature of
work, or likelihood of a conflict to exist or occur..
7.8. A review and approval of the secondary employment is required annually. A new approval form
will be required for changes to employers, positions, or work hours for secondary employment.
8.9. Approval does not constitute the establishment of a joint employment relationship between the City
and any external employer.
9.10. If the employee accepts secondary employment without approval, the employee may be subject
to disciplinary action, up to and including dismissal from the City.
10.11. If an employee is injured while self-employed, working as an independent contractor, or working
for another organization, they will not be covered by the City’s workers’ compensation program.
11.12. If an employee is injured in the course and scope of employment with the City, and is missing
time from work, the employee must seek written approval from the Risk Manager or Human
Resources Director (or their designees) before working their secondary job (reference policy 409.01
– Workers’ Compensation/Salary Continuation Program, Section II. G and/or Section VI. J.2).
B. Internal Secondary Employment
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1. A regular full-time employee may have a part-time job in another department if approved by the
supervisor and department head of their full-time job and the relevant guidelines outlined in Section
A above are followed. The full-time job is considered the primary employer. To ensure provisions of
the Fair Labor Standards Act, the Human Resources Director, or designee, must also approve a full-
time employee working a part-time position with the City.
2. Employees may also work more than one part-time job with the City as long as the relevant guidelines
outlined in Section A above are followed. The job the part-time employee is hired in first is considered
the primary employer. The primary employer will be responsible for maintaining all records for the
regular part-time employee, including:
a. Status sheets - pay records
b. Allocation and transfer of charges
The secondary employer must coordinate rate of pay, hours of work, and any other relevant
information with the primary employer.
NOTE: The Police and Fire Departments have established written rules, regulations, and criteria which
may be more specific than this policy. In such cases, those rules and regulations will supersede this policy.
VIII. Use of City Resources
An employee shall not use, request, or permit the use of City facilities, personnel, equipment, supplies, or
time for private purposes while on City duty (including political purposes), except:
1. Pursuant to duly adopted City policies, or
2. To the extent and according to the terms that those resources are lawfully available to the public.
See the following City policies for specific information on these resources:
• “Email Use” policy (506.05)
• “Comprehensive Driving and City Vehicle Use” policy (409.05)
• “Investigation and Inspection of City Facilities/Equipment” policy (108.13)
• “Use of Social Media” (Section IX)
IXIX. Use of Social Media
The City recognizes that social media has become a critical source of communication. Many, including City
employees, utilize social media to voice their opinions on both private and public concern matter s. This
policy is not intended to prevent employees from making non-confidential communications that are of a
general, legitimate concern. However, employees are strongly encouraged to exercise due diligence and
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caution when utilizing social media to post communication, including but not limited to pictures,
documents, or materials, for the public’s view. Internet postings can be detrimental to the City. Employees
should be mindful that social media and internet postings, even when done off duty, may cause unintended
reactions from the public or consequences to the City and its officials and employees.
Guidelines for social media use:
• Employees shall effectively communicate that their postings are their own personal opinions and do
not represent the entity in which they are employed (i.e. the City);
• Employees shall not post any information that is considered confidential, sensitive, or copyrighted
to which they have access due to their position with the City;
• Employees must be truthful, courteous, and respectful toward other City employees, customers,
citizens, and City Officials (e.g., City Council, Mayor); and
• Employees shall not harass others based on protected characteristics (e.g., race, sex, religion, sexual
orientation, gender identity, national origin, disability status, etc.). See the City’s “Harassment
Prevention/Workplace Abuse” policy (108.10) for additional guidelines regarding discrimination
and harassment.
Employees who distribute or post communication by way of social media, or other means, which has the
effect of any of the following: destroying the efficiency of City employees in performing their duties;
impairing harmony; interfering with or disrupting City operations or functions; undermining authority; or
which prevents successful service with employees’ superiors or close working relationships which are
essential to fulfill public responsibilities, or the ability for employees to perform their duties effectively,
may be subject to disciplinary action. See the City’s disciplinary polic y regarding unbecoming conduct
(109.01, Section V-B).
Any employee who believes that their First Amendment Right has been infringed upon may request an
administrative review under Section 109.01 (VI).
Any employee who believes their social media account was compromised, resulting in a communication
that would violate these policy guidelines shall immediately report the incident to Human Resources,
Compliance, or the City Manager’s Office.
For guidelines on social media use on behalf of the City or for City business, see the City’s “Social Media”
policy (505.03).
X. Political Activity
City employees are not restricted from using their right to vote in a City election. The City’s “Absence for
Voting” policy (111.03) outlines leave time for the purpose of voting.
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Employee involvement in political campaigns does have limitations, as follows:
• Per the City’s “Solicitation” policy (114.01), no employee may engage in political activity while on
duty or while wearing a City uniform;
• Per the City’s “Email Use” policy (506.05), the City email system may not be used to solicit political
causes;
• Employees shall not display campaign materials on any City property, including but not limited to
vehicles and uniforms;
• Employees shall not lobby on behalf of the City without prior written approval from the City
Manager, or designee;
• Employees shall refrain from using their influence in any way, for or against, any candidate for any
elective office while engaged in the performance of their duties on the job.
• Employees shall not accept gifts or favors for political activity relating to an item on a ballot they
participated in, provided advice relating to, or exercised authority on, while in the scope of their
City employment; and
• Employees shall not engage in any conduct in relation to a political campaign which would have
the effect of destroying the efficiency of City employees, interfering with or disrupting City
operations or functions, impairing harmony, or which prevents successful service with employees’
superiors.
Publicly endorsing a candidate, placing a yard sign on private property, wearing or distributing campaign
material, making financial contributions, or campaigning for a candidate, are permissible under City policy
so long as those activities take place while the employee is off-duty and does not include the use of any
City equipment or resources.
XI. Actions of Others
• An employee shall not intentionally or knowingly assist or induce, or attempt to assist or induce,
any person to violate any provision in this Ethics policy.
• An employee shall not violate the provisions of this Ethics policy through the acts of another.
XIII. Reporting Unethical Conduct
If an employee witnesses or has knowledge that inappropriate, unlawful, or unethical conduct has occurred,
they have a duty to report the actions or behavior through the appropriate channels. Reports of unethical
conduct and whistleblowing for non-civil service employees will be reviewed and processed by Human
Resources and the City Manager’s Office. Reports of unethical conduct for civil service Police and Fire
employees will be reviewed and processed in accordance with Chapter 143 of the Texas Local Government
Code and, where applicable, local rules, meet and confer agreement, and departmental standard operating
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procedures.
Examples of behaviors include, but are not limited to:
• Theft or Misuse of City Resources;
• Abuse of Position;
• Misuse of Confidential Information;
• Personal Use of City-Owned Resources;
• Bribery;
• Whistleblowing;
• Falsification of Documents;
• Conflicts of Interest; or
• Violations of City Procurement Policy.
XIII. Exceptions Generally
If an exception is not specifically provided for in this policy, an employee may seek an exceptio n from
Compliance or the City Manager’s Office. In granting specific exceptions, Compliance or the City
Manager’s Office shall consider the nature of the act or relationship in light of the purposes and objectives
of this policy. Compliance or the City M anager’s Office shall weigh whether public knowledge of the
granting of the exception would erode public trust in the employee, specifically, and the City, generally.
Of crucial concern shall be whether granting the exception is allowed by law and likely to unduly influence
the employee or interfere with the objective performance of the employee’s official duties. If in the sole
discretion of Compliance or the City Manager’s Office it is determined that granting the exception is not
allowed by law or is reasonably likely to cause the employee to demonstrate biased behavior or preferential
treatment, or further the interests of the employee, personally, without a corresponding benefit to the City
as an organization, the request for an exception should be denied. Granted exceptions must be reported to
City Council through written report wherein the granted exception is the exclusive subject matter of the
report.
HR/POLICY/10.00 APPROVED BY: (RESOLUTION #)
CITY OF DENTON PAGE 1 OF 15
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
SECTION: Human Resources REFERENCE NUMBER:
10.00
SUBJECT: Ethics INITIAL EFFECTIVE DATE:
4/17/18
TITLE: Ethics LAST REVISION DATE:
2/11/20
POLICY STATEMENT
Public service is a public trust of which all City employees are stewards. It is essential that the public has
confidence in those who act on their behalf in government. It is the City’s policy to promote, uphold, and
demand the highest standards of ethical behavior from all employees. The purpose of this policy is to set ethical
expectations and guidelines, foster an environment of integrity and impartiality, and thereby enhance the City’s
ability to function effectively.
By promoting the City’s values and prohibiting conduct incompatible with the best interest of the organization
and public, risks are minimized and public trust is strengthened. Each City employee must strive to adhere to
the technical compliance and principles set forth in this policy. It is not the purpose of this policy to provide a
mechanism to defame, harass, or abuse employees, or to exploit personal grudges.
This policy is not all-inclusive. It is supplemental to all applicable City policies, ordinances, and State/Federal
laws and regulations. Employees are expected to use reasonable judgement for decisions that are not outlined
in this or other City policies. Other policies may be referenced for more detailed information.
ADMINISTRATIVE PROCEDURES
I. Conflicts of Interest
A conflict of interest is a situation in which personal, and/or financial, considerations have the potential to
influence or compromise professional judgment or actions. Conflicts of interest are challenging
organizational concerns because they are subject to sensitivities based on perception. In order to manage
the associated risks, real or perceived, it is the City’s policy to address conflicts of interest through
disclosure and recusal.
A. General Rules
Employees shall be proactive and transparent with any relationships that are a potential conflict of
interest. Employees shall avoid actions or conduct that they know, or should know, is likely to impact
the personal or financial interests of:
The employee;
The employee’s spouse, child, parent, or member of the household;
An outside client or secondary employer of the employee;
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A client or employer of the employee’s spouse, child, parent, or member of the household;
An entity for which the employee serves as an officer, director, or policy maker;
A board or committee to which the employee is appointed; or a person or entity with whom the
employee or their spouse solicited, received, or accepted an offer of employment or business
opportunity within the past twelve (12) months.
B. Disclosure and Recusal
Employees shall proactively report by submitting a disclosure form for any relationship that presents a
potential conflict of interest as soon as they are aware of the conflict. Employees involved in a purchase
or solicitation must submit the required disclosure forms before any solicitation material will be shared
with them. The disclosure forms will be reviewed by Purchasing, Compliance, and Legal to determine
if a conflict exists. If a conflict is identified, the employee will be recused from any decision-making,
influence, or solicitations that involve the vendor or individual(s) identified in the conflict.
C. Training
Employees shall complete annual training regarding this policy.
II. Private Interests
Employees shall not use their position with the City to receive special treatment for themselves or
anyone else;
Employees shall not use their position with the City to unfairly hurt the private interests of another;
Employees shall not represent a private interest before the City for compensation;
Employees shall not present private interests to Council, boards, or committees that conflicts with
duties, assignments, or projects for which they are involved and/or have decision making authority;
Employees shall not assert or imply they have the ability to influence City action on any basis other
than the merits; and
Decisions on behalf of the City shall be made on the merits of the issue, not on any personal
considerations.
III. Nepotism
In order to prevent conflicts of interest, to avoid accusations and perceptions of biased conduct, and to maintain
the confidentiality of restricted information, employment of certain related persons by the City, or within
designated City departments, is not allowed. The provisions of this policy apply to persons from outside the
City workforce who are applying for employment, or re-employment, with the City, as well as those employees
applying for or transferring to other positions within the City.
No person shall be appointed to an office, or be employed by the City of Denton, who is related to any member
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of the City Council or the City Manager within the third degree of affinity (“marriage”) or consanguinity
(“blood”), and this shall apply to heads of departments in their respective departments.
In a department comprised of more than one operational division, an applicant related within the third degree
of marriage or blood to a City employee employed in that operational division will not be eligible for
employment within the same division. An applicant for a job in a department consisting of one operational
division who is related within the third degree of marriage or blood to an employee of the department will not
be eligible for employment in that department. At the discretion of the department head, and with the approval
of the City Manager, or designee, stricter guidelines for business reasons may be instituted as long as the
reasons are not illegal or discriminatory.
An applicant for a temporary or seasonal position within an operational division of the City may be eligible for
the position, without regards to kinship of other employees within that operational division, as long as the
period of employment does not exceed 120 days within a twelve-month period.
An applicant for a job in an operational division that reports to or serves as staff liaison to a City board or
commission is ineligible for employment in that division if the applicant is related within the third degree of
marriage or blood to any member of the board.
NOTE: Nepotism guidelines as defined in approved Meet and Confer agreements will supersede this policy.
A. Kinship
For the purposes of this policy, the following shall constitute familial relationships:
Relationships by Blood
YOU
Relationships by Marriage
3rd Degree 2nd Degree 1st Degree 1
st Degree 2
nd Degree 3rd Degree
Great
grandparents
Great
grandchildren
Uncle
Aunt
Nephew
Niece
Siblings
(including ½
siblings)
Grandparents
Grandchildren
Parents
Children
(includes
adoption)
Spouse
(legal or
common-law)
Step Parents
Step
Children
Parents-in-
law
Son-in-law
Daughter-
in-law
Brother-in-law
Sister-in-law
Grandparents-
in-law
Grandchildren-
in-law
Great
grandparents-
in-law
Great
grandchildren-
in-law
Uncle-in-law
Aunt-in-law
Nephew-in-
law
Niece-in-law
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B. “Operational divisions” within a department will be determined by that department’s organizational
chart and are not necessarily equivalent to a department’s budgetary divisions.
C. An applicant shall be required to list on their application for employment all relatives related within
the third degree of marriage and blood who are employed by the City, serving on the City Council,
or serving on a board or commission. Failure of an applicant to list all applicable relatives employed
by the City, or serving on a board or commission, shall result in the disqualification of the applicant
for the position for which they have applied.
D. No current employee may be appointed or promoted to any supervisor's span of responsibility who is
related within the third degree of marriage or blood to that supervisor.
E. In the event of promotion or marriage between two City employees, the following shall apply:
1. If the affected employees are employed in different departments, or different operational
divisions of a department, those employees may remain with the City and their job positions will
remain unaffected by the marriage or promotion.
2. At the discretion of the department head, married employees may remain and work in the same
division or department if one is not directly reporting to the other and neither is in the same chain
of command. The affected employees may report to the same department head. If however, the
affected employees are unable to meet these criteria, then one must seek a transfer to another
division of that department or another department. This decision shall be made and agreed upon
by those employees involved. An employee seeking a transfer will be considered for any City
position for which the employee is qualified but cannot remain in the existing division for more
than six (6) months. Qualifications being equal, the transferring employee shall be given
preferential treatment. If a suitable position cannot be found by the end of this period, one of the
two must terminate, or be subject to reassignment, if another position is available. Reassignment
is subject to the discretion of the City Manager and based on the individual's skills and
qualifications.
F. Relatives of City Council, Boards or Commissions
If an employee is already employed with the City and has been employed with the City at least six
(6) months, then the employee is not required to transfer or resign upon the appointment of a relative
to City Council, a board, or commission. However, an applicant of a relative of an existing City
Council member, board member, or commission member is not eligible for employment in the
operational division, which serves as the liaison to the City Council, board, or commission.
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G. Relatives of City Manager or Department Head
If an employee is already employed with the City and has been employed with the City at least six
(6) months, then the employee is not required to transfer or resign upon the hiring of the City Manager
or department head who is a related to the employee within the third degree of marriage or blood.
However, the employee may not report directly to their relative.
H. If the City institutes a reorganization that changes operational divisional or departmental boundaries,
and an employee would then be working within the same operational division as, or supervising, a
member of their immediate family, one of the affected employees must transfer to another operational
division. The six (6) month period to arrange a transfer may be extended in 30-day increments with the
approval of the City Manager, the department director, and the supervisor. The extension shall not
exceed 90 calendar days. If a transfer is not possible, one of the employees will be subject to mandatory
reassignment. If this is not possible, one of the employees will be subject to dismissal. The
determination of which employee shall be reassigned or terminated will be based upon the business
interest of the operational division.
I. Temporary and seasonal employees of the City shall be partially exempt in that two (2) or more members
of the same family who are related within the third degree of marriage or blood may be employed within
the same operational division as long as the following apply:
1. No more than one of the related employees may be a regular (non-temporary and non-seasonal)
employee of the operational division;
2. Related employees will not occupy positions in the same line of authority in which employees
can initiate, influence, or participate in, directly or indirectly, decisions involving a direct benefit.
Examples of such decisions include, but are not limited to, hiring or rehiring, retention, transfer,
promotion, wages, leave requests, or other working conditions;
3. Employees may not audit, evaluate, or review, in any manner, the related employee’s work;
4. Employees will not be informed of or involved in disciplinary actions or performance
management regarding the related employee’s work;
5. The relationship will not create an adverse impact on work on the department (i.e. reduction in
work productivity, performance, disruption, etc.);
and
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J. Any employee relationship, regardless of the position the affected parties are in, that creates a disruption
or potential disruption in the work environment, creates an actual or perceived conflict of interest as
determined by the employee’s supervisor(s), Compliance, the Human Resources Department, or the
City’s Manager’s Office, or is otherwise prohibited by applicable law is not permissible under this
policy.
K. This policy applies to all current employees and candidates for employment.
IV. Gifts, Meals, and Events
A. Gifts or Favors
Employees shall neither solicit, nor accept, gifts or favors offered from an individual, business, or
organization due to their position with the City (See Exceptions).
A gift is defined as any tangible or intangible thing that can be reasonably inferred as benefitting the
employee and/or influencing the employee’s judgement or actions. This includes but is not limited to
cash, cash equivalents (e.g., gift cards), merchandise, food baskets/trays, meals, transportation, lodging,
entertainment, use of facilities or property, and discounts.
There are a few exceptions to the gift prohibition. Employees should use their best judgement of what
meets this criterion and ask for clarification from their supervisor, Compliance, or Human Resources,
when needed.
Exceptions include:
Items offered or received at an internal employee event sponsored or hosted by the City (e.g.,
Benefits and Wellness Fair);
Items included in event registration and available to all attendees (e.g., conference “swag bags”);
Marketing items of nominal value that are widely distributed via mail or at events (e.g., pens,
notepads, or keychains);
Perishable items of nominal value given by member(s) of the public or a civic organization
expressing general appreciation to a department, office, or work group (e.g., water, cookies);
Items of nominal value received by an employee as part of an appreciation event sponsored or hosted
by the City, a civic organization, or non-profit (vendors excluded);
Items of nominal value received for achievement or recognition in conformance with this Section;
Items received by an employee under circumstances independent of their position with the City
(e.g., received from a friend, relative, or independent business relationship); or
Discounts that are available to all City employees; see the City’s solicitation policy (114.01).
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If a gift does not meet one or more of these exceptions and is accepted by an employee (or the employee
is unable to respectfully decline the gift), the gift must be disclosed and donated in accordance with
Section IV.D – Disclosure.
Nominal value in this Policy is defined as an item with a value of less than $50, excluding cash and cash
equivalents (e.g., gift cards), if it was not given in exchange for any exercise of official discretion.
A favor is defined as performing an action, taking an action, or refraining from an action in a manner
advantageous to an employee, customer, business, or organization in a manner atypical of normal
business practices or policies. Examples include, but are not limited to, waiving charges or fees or
providing non-public information that could be used for financial or political gain.
Gifts or favors shall neither be solicited nor accepted as part of a quid pro quo arrangement in which
the gift is granted to the employee or expected by the employee in return for the performance of an
official act. Bribery is prohibited, with no exceptions, as stated in Penal Code 36.10.
B. Meals
Employees shall neither solicit nor accept meals offered from an individual, business, or organization
due to their position with the City (See Exceptions). Employees shall further manage the appearance or
risk of impropriety by avoiding meals and/or social functions with individuals, businesses, or
organizations that can be reasonably inferred as personally benefitting the employee and/or influencing
the employee’s professional judgment or actions. Limited exceptions include:
The meal is provided as part of an approved event, is included in the event’s itinerary and
registration, and is available to all attendees;
The meal is essential to business needs or cannot be avoided in the process of performing essential
duties (each party or their organization must pay for their own meals and disclose);
The meal discount is part of a campaign or corporate policy for City employees;
The meal is included as part of a community event where attendance by the employee is required as
part of their essential duties;
The meal or perishable items are of nominal value and provided by member(s) of the public, a non-
profit, or a civic organization (vendors excluded) expressing general appreciation to a department,
office, or work group; or
The meal is discounted or gifted for reasons independent of the employee’s position with the City.
C. Events
Attendance of events must be deemed essential for training or business needs and approved by the
employee’s chain of command. Events include, but are not limited to, conferences, off-site meetings,
and trade shows. Travel and expenses should also be approved and follow the City’s policies for
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reimbursement of expenses (408.01 and 408.03), where applicable.
Discounted or complimentary registration, transportation, meals, or lodging for events are prohibited
with the exception of:
Transportation and lodging discounts that are extended to all government employees or attendees of
the event (e.g., government hotel rate or pay for 2 get 1 free conference registration);
Meals that meet the exceptions outlined in the meals section of this policy (section IV-B);
Scholarships earned from organizations that are not vendors or that do not have the potential to
benefit contractually or financially from the City or its employees; or
Admission, transportation, meals, entertainment, or lodging accepted as a guest for a widely-
attended event, such as a convention, conference, symposium, forum, panel discussion, dinner,
viewing, reception or similar event, offered by the sponsor of the event, and unsolicited by the
employee, including:
o The employee participates in the event as a speaker or panel participant by presenting
information related to matters before the City.
If an event does not meet the exceptions provided above for gifts, meals, or events, , and an employee
feels attendance is necessary for their essential job duties, they can seek prior approval to attend the
event from Compliance or the City Manager’s Office. In granting specific exceptions, Compliance or
the City Manager’s Office shall consider if the gratuitous nature of the gift, meal, or event is likely to
unduly influence the employee or interfere with the objective performance of the employee’s official
duties. If in the sole discretion of Compliance or the City Manager’s Office it is determined that
acceptance of a particular gift, meal, or event attendance is reasonably likely to cause the employee to
demonstrate biased behavior or preferential treatment, the request for an exception shall be denied.
i. Honorariums
Honorariums are defined as payment of money or anything of value for an appearance, speech or
article. State law prohibits a public servant from soliciting or accepting an honorarium if the subject
matter is directly related to the person's position with the City. This applies even if the employee
provides the speech or services on their own personal time and there is no expenditure of public
resources. The audience or organization for which the speech or services are being provided is not
a factor or exception. Discounted or complimentary transportation, meals, or lodging are acceptable
in these circumstances.
ii. Games of Chance
A game of chance is defined as any game or contest in which the outcome depends on chance,
regardless of whether there is a cost to participate (e.g., raffles, drawings, or sweepstakes). An
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employee who is representing the City at an event or who is attending the event at the City’s expense,
shall not participate in games of chance or accept a prize or award from a game of chance associated
with that event. An exclusion is internal, City-sponsored events (e.g., Benefits and Wellness Fair).
iii. Achievement or Recognition
Employees may accept items of nominal value such as plaques, certificates, trophies, and flowers
that are awarded for recognition of meritorious service or professional achievement and intended
solely for presentation. A trophy is defined as a tangible, durable reminder of a specific achievement,
and serves as recognition or evidence of merit. Trophies provided due to employee performance in
a pre-approved competitive event may be accepted. Employees may accept certification, honorary
membership, or a fellowship awarded on the same terms and based on the same criteria applied to
other candidates or applicants. Acceptance of cash, cash equivalents, or any other prizes that do not
meet these terms are prohibited.
D. Disclosure
Proactive steps should be taken to inform individuals, businesses, and organizations of the City’s
policies regarding gifts, meals, and events. Any unsolicited gifts received by an employee, department,
office, or work group that do not meet the exception criteria, are property of the City. Every effort
should be made to decline and/or return the gift to the sender or to donate the gift to an approved
organization. The sender should be contacted to express appreciation and explain the City’s gift policy.
In addition to these gifts, any unsolicited meals that cannot be declined or that do not meet the listed
exceptions, shall be disclosed. Employees shall disclose all such gifts and meals as soon as possible, but
no longer than three (3) business days, from receipt. Disclosure should be provided prior to transporting
gifts for donation.
V. Boards, Commissions, and Association Memberships
Employees serving as members of boards, commissions, or associations (excluding Police and Fire labor
associations and official City boards which require appointment by Council) that have business with the City
through contract or financial support will require disclosure and approval to avoid appearance of favoritism,
impropriety, and/or conflicts of interest. Prior to serving on a board, commission, or association, an employee
must request prior approval through their department head. Disagreements with denials should be addressed
through the City Manager’s Office. An employee who is serving on a board at the time of hire and who intends
to continue serving must also obtain approval. Before approving a request, department heads will consider the
employee’s position and role in funding and policy decisions as a board, commission, or association member
that could create a conflict or appearance of conflict of interest for either the employee or the City. Employees
must recuse themselves from discussing or making decisions regarding any City business with the board,
commission or association while serving on the board, commission, or association. The employee must also
take steps to ensure the meeting’s minutes adequately document the recusal.
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VI. Confidential Information
Confidential information includes all information held by the City that is not available to the public under
the Texas Public Information Act.
An employee shall not use their position to obtain official information about any person or entity
for any purpose other than the performance of their essential duties.
An employee shall not intentionally, knowingly, or recklessly disclose any confidential
information gained by their position concerning the property, operations, policies, employees, or
affairs of the City. This rule does not prohibit:
1. Any disclosure that is no longer confidential by law; or
2. The confidential reporting of illegal or unethical conduct to authorities designated by law.
VII. Secondary Employment
The City shall be the primary employer for all employees for which benefits are being supplied (excludes
temporary and seasonal employees). An employee may be employed in any capacity in any other business,
trade, occupation or profession while employed by the City, so long as it is determined that such employment
does not tend to bring the City into disrepute, reflect discredit upon the employee, impair independence of
judgment, create a conflict (or appearance of a conflict of interest), or conflict with their employment or
performance as a City employee. It is the intention of this policy to protect the employee and the City from
unintended consequences from secondary employment.
The City recognizes the prerogative of its employees to pursue other employment to occupy their off-duty
hours. However, this must be balanced with the City's need for full productivity during working hours and with
loyalty from its employees.
No City time, resources, personnel, facilities, or equipment may be used in conjunction with secondary
employment, unless authorized in advance by the City Manager or designee.
Secondary employment shall not impair the employee's availability upon emergency recall by the City.
Secondary employment will not be considered an excuse for poor job performance, absenteeism, tardiness, or
refusal to work overtime. Should the secondary employment cause or contribute to any of these situations, it
must be discontinued or the employee will be subject to disciplinary action, up to and including termination
from City employment.
As the primary employer, the employee must recognize the City's need for flexibility and changing schedules
based upon the demand for services or departmental needs.
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A. External Secondary Employment
1. Prior to engaging in secondary employment, whether as an employee at another organization,
independent contractor, or self-employed, an employee must request prior approval through their
immediate supervisor and department head. An employee who is working another job at the time of
hire, and who intends to continue the other employment, must also obtain approval as outlined in this
section.
2. All requests for secondary employment must be submitted on a “Secondary Employment Approval
Request” form.
3. Before approving a request for secondary employment, supervisors and department heads must
ensure the secondary employment does not violate City or departmental rules, policies, or procedures
or create a conflict (or appearance of a conflict of interest) for either the employee or the City.
4. If a request for secondary employment is approved, the request must be forwarded to the Human
Resources Department for inclusion in the employee’s personnel file.
5. Approval may be denied or withdrawn at any time by the department head, upon consultation with
the Human Resources Director, or designee, when such employment violates City or departmental
rules, policies, or procedures or creates a conflict (or appearance of a conflict of interest) for the City.
The reason for denial or withdrawal must be documented in writing to the employee. Disagreements
with denials or withdrawals should be addressed through the City Manager’s Office.
6. Generally, approvals or denials/withdrawals should be communicated to the employee in writing
within 72 hours (excluding weekends) of receiving the Secondary Employment Approval Request
form. Delays to this timeline should be communicated to the employee.
7. An approval form is required for every job outside of the City, regardless of location, nature of
work, or likelihood of a conflict to exist or occur.
8. A review and approval of the secondary employment is required annually. A new approval form
will be required for changes to employers, positions, or work hours for secondary employment.
9. Approval does not constitute the establishment of a joint employment relationship between the City
and any external employer.
10. If the employee accepts secondary employment without approval, the employee may be subject to
disciplinary action, up to and including dismissal from the City.
11. If an employee is injured while self-employed, working as an independent contractor, or working for
another organization, they will not be covered by the City’s workers’ compensation program.
12. If an employee is injured in the course and scope of employment with the City, and is missing time
from work, the employee must seek written approval from the Risk Manager or Human Resources
Director (or their designees) before working their secondary job (reference policy 409.01 – Workers’
Compensation/Salary Continuation Program, Section II. G and/or Section VI. J.2).
B. Internal Secondary Employment
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1. A regular full-time employee may have a part-time job in another department if approved by the
supervisor and department head of their full-time job and the relevant guidelines outlined in Section
A above are followed. The full-time job is considered the primary employer. To ensure provisions of
the Fair Labor Standards Act, the Human Resources Director, or designee, must also approve a full-
time employee working a part-time position with the City.
2. Employees may also work more than one part-time job with the City as long as the relevant guidelines
outlined in Section A above are followed. The job the part-time employee is hired in first is considered
the primary employer. The primary employer will be responsible for maintaining all records for the
regular part-time employee, including:
a. Status sheets - pay records
b. Allocation and transfer of charges
The secondary employer must coordinate rate of pay, hours of work, and any other relevant
information with the primary employer.
NOTE: The Police and Fire Departments have established written rules, regulations, and criteria which
may be more specific than this policy. In such cases, those rules and regulations will supersede this policy.
VIII. Use of City Resources
An employee shall not use, request, or permit the use of City facilities, personnel, equipment, supplies, or
time for private purposes while on City duty (including political purposes), except:
1. Pursuant to duly adopted City policies, or
2. To the extent and according to the terms that those resources are lawfully available to the public.
See the following City policies for specific information on these resources:
“Email Use” policy (506.05)
“Comprehensive Driving and City Vehicle Use” policy (409.05)
“Investigation and Inspection of City Facilities/Equipment” policy (108.13)
“Use of Social Media” (Section IX)
IX. Use of Social Media
The City recognizes that social media has become a critical source of communication. Many, including City
employees, utilize social media to voice their opinions on both private and public concern matters. This
policy is not intended to prevent employees from making non-confidential communications that are of a
general, legitimate concern. However, employees are strongly encouraged to exercise due diligence and
caution when utilizing social media to post communication, including but not limited to pictures,
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documents, or materials, for the public’s view. Internet postings can be detrimental to the City. Employees
should be mindful that social media and internet postings, even when done off duty, may cause unintended
reactions from the public or consequences to the City and its officials and employees.
Guidelines for social media use:
Employees shall effectively communicate that their postings are their own personal opinions and do
not represent the entity in which they are employed (i.e. the City);
Employees shall not post any information that is considered confidential, sensitive, or copyrighted
to which they have access due to their position with the City;
Employees must be truthful, courteous, and respectful toward other City employees, customers,
citizens, and City Officials (e.g., City Council, Mayor); and
Employees shall not harass others based on protected characteristics (e.g., race, sex, religion, sexual
orientation, gender identity, national origin, disability status, etc.). See the City’s “Harassment
Prevention/Workplace Abuse” policy (108.10) for additional guidelines regarding discrimination
and harassment.
Employees who distribute or post communication by way of social media, or other means, which has the
effect of any of the following: destroying the efficiency of City employees in performing their duties;
impairing harmony; interfering with or disrupting City operations or functions; undermining authority; or
which prevents successful service with employees’ superiors or close working relationships which are
essential to fulfill public responsibilities, or the ability for employees to perform their duties effectively,
may be subject to disciplinary action. See the City’s disciplinary policy regarding unbecoming conduct
(109.01, Section V-B).
Any employee who believes that their First Amendment Right has been infringed upon may request an
administrative review under Section 109.01 (VI).
Any employee who believes their social media account was compromised, resulting in a communication
that would violate these policy guidelines shall immediately report the incident to Human Resources,
Compliance, or the City Manager’s Office.
For guidelines on social media use on behalf of the City or for City business, see the City’s “Social Media”
policy (505.03).
X. Political Activity
City employees are not restricted from using their right to vote in a City election. The City’s “Absence for
Voting” policy (111.03) outlines leave time for the purpose of voting.
Employee involvement in political campaigns does have limitations, as follows:
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Per the City’s “Solicitation” policy (114.01), no employee may engage in political activity while on
duty or while wearing a City uniform;
Per the City’s “Email Use” policy (506.05), the City email system may not be used to solicit political
causes;
Employees shall not display campaign materials on any City property, including but not limited to
vehicles and uniforms;
Employees shall not lobby on behalf of the City without prior written approval from the City
Manager, or designee;
Employees shall refrain from using their influence in any way, for or against, any candidate for any
elective office while engaged in the performance of their duties on the job.
Employees shall not accept gifts or favors for political activity relating to an item on a ballot they
participated in, provided advice relating to, or exercised authority on, while in the scope of their
City employment; and
Employees shall not engage in any conduct in relation to a political campaign which would have
the effect of destroying the efficiency of City employees, interfering with or disrupting City
operations or functions, impairing harmony, or which prevents successful service with employees’
superiors.
Publicly endorsing a candidate, placing a yard sign on private property, wearing or distributing campaign
material, making financial contributions, or campaigning for a candidate, are permissible under City policy
so long as those activities take place while the employee is off-duty and does not include the use of any
City equipment or resources.
XI. Actions of Others
An employee shall not intentionally or knowingly assist or induce, or attempt to assist or induce,
any person to violate any provision in this Ethics policy.
An employee shall not violate the provisions of this Ethics policy through the acts of another.
XII. Reporting Unethical Conduct
If an employee witnesses or has knowledge that inappropriate, unlawful, or unethical conduct has occurred,
they have a duty to report the actions or behavior through the appropriate channels. Reports of unethical
conduct for non-civil service employees will be reviewed and processed by Human Resources and the City
Manager’s Office. Reports of unethical conduct for civil service Police and Fire employees will be reviewed
and processed in accordance with Chapter 143 of the Texas Local Government Code and, where applicable,
local rules, meet and confer agreement, and departmental standard operating procedures.
Examples of behaviors include, but are not limited to:
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Theft or Misuse of City Resources;
Abuse of Position;
Misuse of Confidential Information;
Personal Use of City-Owned Resources;
Bribery;
Falsification of Documents;
Conflicts of Interest; or
Violations of City Procurement Policy.
XIII. Exceptions Generally
If an exception is not specifically provided for in this policy, an employee may seek an exception from
Compliance or the City Manager’s Office. In granting specific exceptions, Compliance or the City
Manager’s Office shall consider the nature of the act or relationship in light of the purposes and objectives
of this policy. Compliance or the City Manager’s Office shall weigh whether public knowledge of the
granting of the exception would erode public trust in the employee, specifically, and the City, generally.
Of crucial concern shall be whether granting the exception is allowed by law and likely to unduly influence
the employee or interfere with the objective performance of the employee’s official duties. If in the sole
discretion of Compliance or the City Manager’s Office it is determined that granting the exception is not
allowed by law or is reasonably likely to cause the employee to demonstrate biased behavior or preferential
treatment, or further the interests of the employee, personally, without a corresponding benefit to the City
as an organization, the request for an exception should be denied. Granted exceptions must be reported to
City Council through written report wherein the granted exception is the exclusive subject matter of the
report.
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-353,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton authorizing the City Manager,or his designee,to
execute and deliver an Advance Funding Agreement for Congestion Mitigation and Air Quality (CMAQ)
Improvement Program Project and a Surface Transportation Block Grant (STBG)Program Project,between the
City of Denton and the Texas Department of Transportation,for the Bonnie Brae Widening and Improvements
Phase 6 Project as specified in the agreement;authorizing the expenditure of funds thereof;and providing an
effective date.
City of Denton Printed on 2/7/2020Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM/DCM/ACM: Mario Canizares
DATE: February 11, 2020
SUBJECT
Consider adoption of an ord inance of the City of Denton authorizing the City Manager, or his
designee, to execute and deliver an Advance Funding Agreement for Congestion Mitigation and Air
Quality (CMAQ) Improvement Program Project and a Surface Transportation Blo ck Grant (STBG)
Program Project, between the City of Denton and the Texas Department of Transportation, for the
Bonnie Brae Widening & Improvements P hase 6 Project as specified in the agreement; authorizing
the expenditure of funds thereof; and providing an effective date.
INFORMATION /BACKGROUND
In 2018, the City of Denton submitted the full limits of the Bonnie Brae Phase 6 Project (from
US380/University north to US 77) to NCTCOG and TXDOT for grant funding consideration.
A portion of the project has been approved for funding assistance. The limits of the portion approved
are from Windsor Drive north to US 77.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
September 10, 2018 – PUB approved the Design Services Agreement for this project.
September 18, 2018 – City Council approved RPS In frastructure Inc. for design services.
File 6590 -032
March 26, 2019 – City Council approved Amendment #1 to the Design Services Contract with RPS
Infrastructure Inc.
RECOMMENDATION
Approve the Advanced Funding Agreement with TxDOT in order to receive grant funding in the
amount of $11,855,193.00.
ESTIMATED SCHEDULE OF PROJECT
Approximately two years for environmental assessment, design, right -of-way acquisition and
construction, in accor dance with federal and state requirements. The City’s goal is to meet the
requirements of the AFA as well as have the project constructed in time for the opening of the new
Denton High School in 2022.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
FISCAL INFORMATION
Based on the cost estimate of $18,605,394 .00 for the section of Bonnie Brae from Windsor to US77,
a local match of $6,750 ,201 .00 is required for the federal funding of $11,060,800.00 and state
funding of $794,393.00. An 80/20 allocation agreement.
Execution of the AFA requires the local match of $6,750,201 .00 from the City of Denton, which is
proposed to be funded from the 2019 Bond Program. This is an estimate only. The final City of
Denton participation will be based on actual costs.
The State Environmen tal and Engineering Fees of which the City is 100% responsible for in the amount
of $29,118.00 will be issued u pon execution of this Agreement by the City.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance & Advanced Funding Agreement (AFA)
Respectfully submitted:
Lori Hewell, 349-7148
Purchasing Manager
For information concerning this project, contact: Robin Davis, Program Manager, ext. 7713.
Legal point of contact: Mack Reinwand 940-349-8333.
S:\Legal\Our Documents\Ordinances\20\Bormie Brae Widening Pha se 6 Project.docx
ORDINANCE NO. ______ _
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE, TO EXECUTE AND DELIVER AN ADVANCE FUNDING AGREEMENT
FOR CONGESTION MITIGATION AND AIR QUALITY (CMAQ) IMPROVEMENT
PROGRAM PROJECT AND A SURFACE TRANSPORTATION BLOCK GRANT (STBG)
PROGRAM PROJECT, BETWEEN THE CITY OF DENTON AND THE 1EXAS
DEPARTMENT OF TRANSPORTATION, FOR THE BONNIE BRAE WIDENING AND
IMPROVEMENTS PHASE 6 PROJECT AS SPECIFIED IN THE AGREEMENT ;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREOF; AND PROVIDING AN
EFFECTIVE DATE .
WHEREAS, the City of Denton ("City") and the Texas Department of Transportation
("TxDOT") are ready to commence with the "Bonnie Brae Widening and Improvements Phase 6
Project" and begin design and construction thereof, improving a 2/4-lane roadway to 4-lane
divided roadway with sidewalks and 1 0-foot shared-use path along Bonnie Brae Street from
Windsor Drive to US 77 in the City ofDenton; TxDOT Project CSJ: 0918-46-319; and
WHEREAS, federal funding will provide Eleven Million Sixty Thousand Eight Hundred
and no/100 Dollars ($11,060,800 .00) ofthe project funding and state funding will provide Nine
Hundred Twelve Thousand Eight Hundred Fifty-Seven and no/100 Dollars ($912,857.00) of the
project funding ; the federal and state funds combined to account for Eighty percent (80%) of the
total project costs; and
WHEREAS, the City will provide Twenty percent (20%) of the total project funding as
local match in the amount of Six Million Eight Hundred Twenty-Four Thousand Three Hundred
Seventeen and no/100 Dollars ($6,824,317.00), combining with the federal and state funds to cover
the total estimated amount of the Project cost in the sum of Eighteen Million Seven Hundred
Ninety-Seven Thousand Nine Hundred Seventy-Four and no/100 Dollars ($18,797,974 .00); and
WHEREAS, the State has prepared the attached Advanced Funding Agreement for
Congestion Mitigation and Air Quality (CMAQ) Improvement Program Project and a Surface
Transportation Block Grant (STBG) Program Project Off-System (the "Agreement"); and
WHEREAS, the City Council , having considered the Agreement that is required by
TxDOT and the importance of the Bonnie Brae Widening and Improvement Phase 6 Project to the
citizens ofDenton and finding that it is in the public's health and safety interest, is ofthe opinion
that it should approve the above-referenced Agreement by and between the City and TxDOT;
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 as true and fully set forth in the body of this ordinance.
S:\L egal\Our Documents\Ordinances\20\Bonnie Brae Widening Phase 6 Project.docx
SECTION 2: The City Manager, or his designee, is hereby authorized to execute on behalf
of the City the Agreement, a copy of which is attached hereto as Exhibit "A" and made a part
hereof for all purposes, or a substantially similar Agreement as may be required by TxDOT.
SECTION 3: The City Manager, or his designee, is further authorized to carry out all duties
and obligations to be performed by the C ity under the Agreement, including, but not limited to,
the expenditure of funds .
SECTION 4: This ordinance become effective immediately upon its passage and approval.
The motion to approve this Ordinance was made by and
seconded by ; the Ordinance was passed and approved by
the following vote L_-__]:
Abstain Absent
Chris Watts, Mayor:
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 _______ _, 2020.
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: -----------------------------
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
TxDOT: Federal Highway Administration:
CSJ# 0918-46-319 CFDA No. 20.205
District# Dallas -18 CFDA Title Highway Planning and Construction
Code Chart 64 # 11400
Project Name Bonnie Brae Street AFA Not Used For Research & Development
Limits From Windsor Drive to US 77
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
For
Congestion Mitigation and Air Quality (CMAQ) Improvement Program Project
And A
Surface Transportation Block Grant (STBG) Program Project
Off-System
THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and
through the Texas Department of Transportation called the "State", and the City of Denton,
acting by and through its duly authorized officials , called the "Local Government". The State and
Local Government shall be collectively referred to as "the parties" hereinafter.
WITNESSETH
WHEREAS, federal law establishes federally funded programs for t ransportation improvements
to implement its public purposes, and
WHEREAS, the Texas Transportation Code, Section 201 .103 establishes that the State shall
design, construct and operate a system of highways in cooperation with local governments , and
Section 222.052 authorizes the Texas Transportation Co m mission to accept contributions from
political subdivisions for development and construction of public roads and the state highway
system within the political subdivision, and
WHEREAS , federal and state laws require local governments to meet certain contract
standards relating to the management and administration of State and federal funds, and
WHEREAS, the Texas Transportation Commission has codified 43 TAC , Rules 15.50-15.56 that
describe federal, state, and local responsibilities for cost participation in highway improvement
and other transportation projects, and
WHEREAS, the Texas T ra nsportation Commission passed Minute Order Number 115550
authorizing the State to undertake and complete a highway improvement or other transportation
project generally described as construction of new roadway lanes. The portion of the project
work covered by this Agreement is identified in the Agreement, Article 3, Scope of Work
(Project}, and
WHEREAS, the Governing Body of the Local Government has approved entering into this
Agreement by resolution, ordinance, or commissioners court order dated
-------------' which is attached to and made a part of this Agreement
as Attachment A , Resolution , Ordinance , or Commissioners Court Order (Attachment A). A
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TxDOT: Federal Highway Administration:
CSJ# 0918-46-319 CFDA No. 20.205
District# Dallas -18 CFDA Title Highway Planning and Construction
Code Chart 64 # 11400
Project Name Bonnie Brae Street AFA Not Used For Research & Development
Limits From Windsor Drive to US 77
map showing the Project location appears in Attachment B, Location Map Showing Project
(Attachment B), which is attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties , to be by them respectively kept and performed as set forth in this
Agreement, it is agreed as follows:
AGREEMENT
1. Responsible Parties:
For the Project covered by this Agreement, the parties shall be responsible for the
following work as stated in the article of the Agreement referenced in the table below:
1 Local Government Utilities Article 8
2. Local Government Environmental Assessment and Mitigation Article 9
3 . Local Government Architectura l and Engineering Services Article 11
4. Local Government Construction Responsibilities Article 12
5. Local Government Right of Way and Real Property Article 14
2. Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing makes
the Agree ment fully executed. This Agreement shall remain in effect until the Project is
completed or unless terminated as provided below.
3. Scope of Work
The scope of work for the Project consists of the preparation of preliminary
engineering (design schematic, environmental documents/public involvement),
plans, specifications and estimates (PS&S), the acquisition of right of way and
real property to include right of maps, property descriptions, right of way
documents/data, and the widening of a 2-4 lane roadway to a 4-lane divided
roadway with sidewalks and a 1 0-foot shared-use path along Bonnie Brae Street
from Windsor Drive to US 77 within the City of Denton as shown on Attachment B,
Location Map.
4. Project Sources and Uses of Funds
The total estimated cost of the Project is shown in Attachment C, Project Budget
(Attachment C) which is attached to and made a part of this Agreement.
A. If the Local Government will perform any work under this Agreement for which
reimbursement will be provided by or through the State, the Local Government
must complete training. If federal funds are being used, the training must be
completed before federal spending authority is obligated. Training is complete
when at least one individual who is working actively and directly on the Project
successfully completes and receives a certificate for the course entitled "Local
Government Project Procedures and Qualification for the Texas Department of
Transportation" and retains qualification in accordance with applicable TxDOT
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TxDOT: Federal Highway Administration:
CSJ# 0918-46-319 CFDA No. 20.205
District# Dallas -18 CFDA Title Highway Planning and Construction
Code Chart 64 # 11400
Project Name Bonnie Brae Street AFA Not Used For Research & Development
Limits From Windsor Drive to US 77
procedures. Upon request, the Local Government shall provide the certificate of
qualification to the State . The individual who receives the training certificate may
be an employee of the Local Government or an employee of a firm that has been
contracted by the Local Government to perform oversight of the Project. The
State in its discretion may deny reimbursement if the Local Government has not
continuously designated in writing a qualified individual to work actively on or to
directly oversee the Project.
B. The expected cash contributions from the federal government, the State, the
Local Government, or other parties are shown in Attachment C. The State will
pay for only those Project costs that have been approved by the Texas
Transportation Commission. For projects with federal funds , the State and the
federal government will not reimburse the Local Government for any work
performed before the federal spending authority is formally obligated to the
Project by the Federal Highway Administration (FHWA). After federal funds have
been obligated , the State will send to the Local Government a copy of the formal
documentation showing the obligation of funds including federal award
information. The Local Government is responsible for 1 00% of the cost of any
work performed under its direction or control before the federal spending
authority is formally obligated.
C. Attachment C shows , by major cost categories , the cost estimates and the party
responsible for performing the work for each category. These categories may
include but are not limited to: (1) costs of real property; (2) costs of utility work;
(3) costs of environmental assessment and remediation; (4) cost of preliminary
engineering and design; (5) cost of construction and construction management;
and (6) any other local project costs .
D. The State will be responsible for securing the federal and State share of the
funding required for the development and construction of the local Project. If the
Local Government is due funds for expenses incurred , these funds will be
reimbursed to the Local Government on a cost basis.
E. The Local Government will be responsible for all non -federal or non-State
participation costs associated with the Project, unless otherwise provided for in
this Agreement or approved otherwise in an amendment to this Agreement. For
items of work subject to specified percentage funding, the Local Government
shall only in those instances be responsible for all Project costs that are greater
than the maximum State and federal participation specified in Attachment C and
for overruns in excess of the amount specified in Attachment C to be paid by the
Local Government.
F. The budget in Attachment C will clearly state all items subject to fixed price
funding , specified percentage funding , and the periodic payment schedule, when
periodic payments have been approved by the State .
G. When the Local Government bears the responsibility for paying cost overruns ,
the Local Government shall make payment to the State within thirty (30) days
from the receipt of the State's written notification of additional funds being due.
H. When fixed price funding is used, the Local Government is responsible for the
fixed price amount specified in Attachment C. Fixed prices are not subject to
Page 3 of 17
AFA LongGen Rev 07/17/2019
TxDOT: Federal Highway Administration:
CSJ# 0918-46-319 CFDA No. 20.205
District# Dallas -18 CFDA Title Highway Planning and Construction
Code Chart 64 # 11400
Project Name Bonnie Brae Street AFA Not Used For Research & Development
Limits From Windsor Drive to US 77
adjustment unless (1) differing site conditions are encountered; (2) further
definition of the Local Government's requested scope of work identifies greatly
differing costs from those estimated; (3) work requested by the Local
Government is determined to be ineligible for federal participation ; or (4) the
adjustment is mutually agreed to by the State and the Local Government.
I. Prior to the performance of any engineering review work by the State, the Local
Government will pay to the State the amount specified in Attachment C. At a
minimum, this amount sha ll equal the Local Government's funding share for the
estimated cost of preliminary engineering performed or reviewed by the State for
the Project. At least sixty (60) days prior to the date set for receipt of the
construction bids, the Local Government shall remit its remaining financial share
for the State's estimated construction oversight and construction cost.
J. The State will not execute the contract for the construction of the Project until the
required funding has been made available by the Local Government in
accordance with this Agreement.
K. Whenever funds are paid by the Local Government to the State under this
Agreement, the Local Government shall remit a check or warrant made payable
to the "Texas Department of Transportation" or may use the State's Automated
Clearing House (ACH) system for electronic transfer of funds in accordance with
instructions provided by TxDOT's Finance Division . The funds shall be deposited
and managed by the State and may only be applied by the State to the Project.
L. The State w ill not pay interest on any funds provided by the Local Government.
M. If a waiver for the collection of indirect costs for a service project has been
granted under 43 TAC §15.56, the State will not charge the Local Govern m ent
for the indirect costs the State incurs on the Project, unless this Agreement is
terminated at the request of the Local Government prior to completion of the
Project.
N. If the Local Government is an Economically Disadvantaged County (EDC) and if
the State has approved adjustments to the standard financing arrangement, this
Agreement reflects those adjustments.
0. Where the Loca l Government is authorized to perform services under this
Agreement and be reimbursed by the State, the Local Government is authorized
to submit requests for reimbursement by submitting the original of an itemized
invoice, in a form and containing all items required by the State, no more
frequently than monthly and no later than ninety (90) days after costs are
incurred. If the Local Government submits invoices more than ninety (90) days
after the costs are incurred and if federal funding is reduced as a result, the State
shall have no responsibility to reimburse the Local Government for those costs.
P. Upon completion of the Project, the State will perform a final accounting of the
Project costs for all items of work with specified percentage funding. Any funds
due by the Loca l Government, the State, or the federal government for these
work items will be promptly paid by the owi ng party.
Q. The state auditor may conduct an audit or investigation of any entity receiving
funds from the State directly under this Agreement or indirectly through a
subcontract under this Agreement. Acceptance of funds directly under this
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AFA LongGen Rev 07/17/2019
TxDOT: Federal Highway Administration:
CSJ# 0918-46-319 CFDA No. 20.205
District# Dallas -18 CFDA Title Highway Planning and Construction
Code Chart 64 # 11400
Project Name Bonnie Brae Street AFA Not Used For Research & Development
Limits From Windsor Drive to US 77
Agreement or i ndirectly through a subcontract under this Agreement acts as
acceptance of the authority of the state auditor, under the direction of the
legislative audit committee , to conduct an audit or investigation in connection with
those funds. An entity that is the subject of an audit or investigation must provide
the state auditor with access to any information the state auditor considers
relevant to the investigation or audit.
R. Payment under this Agreement beyond the end of the current fiscal biennium is
subject to availability of appropriated funds. If funds are not appropriated, this
Agreement shall be terminated immediately with no liability to either party.
5 . Termination of This Agreement
This Agreement shall remain in effect until the Project is completed and accepted by all
parties , unless :
A. The Agreement is terminated in writing with the mutual consent of the parties;
B. The Agreement is terminated by one party because of a breach , in which case
any costs incurred because of the breach shall be paid by the breaching party;
C. The Local Government elects not to provide funding after the completion of
preliminary engineering, specifications, and estimates (PS&E) and the Project
does not proceed because of insufficient funds, in which case the Local
Government agrees to reimburse the State for its reasonable actual costs
incurred during the Project; or
D. The Agreement is terminated by the State because the parties are not able to
execute a mutually agreeable amendment when the costs for Local Government
requested items increase significantly due to differing site conditions,
determination that Local government requested work is ineligible for federal or
state cost participation, or a more thorough definition of the Local Government's
proposed work scope identifies greatly differing costs from those estimated. The
State w ill reimburse Local Government remaining funds to the Local Government
within ninety (90) days of termination; or
E. The Project is inactive for thirty-six (36) consecutive months or longer and no
expenditures have been charged against federal funds, in which case the State
may in its discretion terminate this Agreement.
6. Amendments
Amendments to this Agreement due to changes in the character of the work, terms of
the Agreement, or re sponsibilities of the parties relating to the Project may be enacted
through a mutually agreed upon, written amendment.
7. Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any
agreement default, but all remedies existing at law and in equity may be availed of by
either party to this Agreement and shall be cumulative.
8. Utilities
The party named in Article 1, Responsible Parties, under AGREEMENT shall be
responsible for the adjustment, removal, or relocation of utility facilities in accordance
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AFA LongGen Rev 07/17/2019
TxDOT: Federal Highway Administration:
CSJ# 0918-46-319 CFDA No. 20.205
District# Dallas -18 CFDATitle Highway Planning and Construction
Code Chart 64 # 11400
Project Name Bonnie Brae Street AFA Not Used For Research & Development
Limits From Windsor Drive to US 77
with applicable state laws, regulations, rules, policies , and procedures, including any
cost to the State of a delay resulting from the Local Government's failure to ensure that
utility facilities are adjusted, removed, or relocated before the scheduled beginning of
construction. The Local Government will not be reimbursed with federal or State funds
for the cost of required utility work. The Local Government m us t obtain advance
approval for any variance from established procedures. Before a construction contract is
let, the Local Government shall provide, at the State's request, a certification stating that
the Local Government has completed the adjustment of all utilities that must be adjusted
before construction is commenced .
9. Environmental Assessment and Mitigation
Development of a transportation project must comply with the National Environmental
Policy Act and the National Historic Preservation Act of 1966, which require
environmental clearance of federal-aid projects. The party named in Article 1 ,
Responsible Parties, under AGREEMENT is respons ible for the following :
A. The identification and assessment of any environmental problems associated
with the development of a local project governed by this Agreement.
B. The cost of any environmental problem's mitigation and remediation.
C. Providing any public meetings or public hearings required for the environmental
assessment process. Public hearings will not be held prior to the approval of the
Project schematic.
D. The preparation of the NEPA documents required for the environmental
clearance of this Project.
If the Local Government is responsible for the environmenta l assessment and mitigation,
before the advertisement for bids , the Local Government shall provide to the State
written documentation from the appropriate regulatory agency or agencies that all
environmental clearances have been obtained .
1 0. Compliance with Accessibility Standards
All parties to this Agreement shall ensure that the plans for and the construction of all
projects subject to this Agreement are in compliance with standards issued or approved
by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent
with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-
336) (ADA).
11. Architectural and Engineering Services
The party named in Article 1, Responsible Parties, under AGREEMENT has
responsibility for the performance of architectural and engineering services. The
engineering plans shall be developed in accordance with the applicable State's Standard
Specifications for Construction and Maintenance of Highways, Streets and Bridges and
the special specifications and special provisions related to it. For projects on the State
highway system, the design shall, at a minimum conform to applicable State manuals.
For projects not on the State highway system, the design shall, at a minimum, conform
to applicable American Association of State Highway and Transportation Officials
(AASHTO) design standards.
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In procuring professional services, the parties to this Agreement must comply with
federal requirements cited in 23 CFR Part 172 if the Project is federally funded and with
Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for
federally funded projects must conform to federal requirements, specifically including the
provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and
environmental matters . If the Local Government is the responsible party, the Local
Government shall submit its procurement selection process for prior approval by the
State. All professional services contracts must be reviewed and approved by the State
prior to execution by the Local Government.
12. Construction Responsibilities
The party named in Article 1 , Responsible Parties , under AGREEMENT is responsible
for the following:
A. Advertise for construction bids, issue bid proposals , receive and tabulate the
bids, and award and administer the contract for construction of the Project.
Administration of the contract includes the responsibility for construction
engineering and for issuance of any change orders, supplemental agreements,
amendments, or additional work orders that may become necessary subsequent
to the award of the construction contract. In order to ensure federal funding
eligibility, projects must be authorized by the State prior to advertising for
construction.
B. If the State is the responsible party, the State will use its approved contract
letting and award procedures to let and award the construction contract.
C. If the Local Government is the responsible party, the Local Government shall
submit its contract letting and award procedures to the State for review and
approval prior to letting.
D. If the Local Government is the responsible party, the State must concur wi th the
low bidder selection before the Local Government can enter into a contract with
the vendor.
E. If the Local Government is the responsible party, the State must review and
approve change orders.
F . Upon completion of the Project , the party responsible for constructing the Project
will issue and sign a "Notification of Completion" acknowledging the Project's
construction completion and submit certification(s) sealed by a professional
engineer(s) licensed in the State of Texas .
G. For federally funded contracts, the parties to this Agreement will comply with
federal construction requ i rements cited in 23 CFR Part 635 and with
requirements cited in 23 CFR Part 633 , and shall include the latest version of
Form "FHWA-1273" in the contract bidding documents . If force account work will
be performed, a finding of cost effectiveness shall be made in compliance with 23
CFR 635 , Subpart B.
13. Project Maintenance
The Local Government shall be responsible for maintenance of locally owned roads and
locally owned facilities after completion of the work. The State shall be responsible for
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maintenance of the State highway system after completion of the work if the work was
on the State hig hway system, unless otherwise provided for in exist ing maintenance
agreements with the Local Government.
14. Right of Way and Real Property
The party named in Article 1, Responsible Parties, under AGREEMENT is responsible
for the provision and acquisition of any needed right of way or real property .
The Local Government shall be responsible for the following:
A Right of way and real property acquisition shall be the responsibility of the Local
Government. Title to right of way and other related real property must be
acceptable to the State before funds may be expended for the improvement of
the right of way or real property .
B. If the Local Government is the owner of any part of the Project site under this
Agreement, the Local Government shall permit the State or its authorized
representative access to occupy the site to perform all activities required to
execute the work.
C. All parties to this Agreement will comply with and assume the costs for
compliance with all the requirements of Title II and Title Ill of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title
42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental
expenses incurred by the property owners in conveying the real property to the
Local Government and benefits applicable to the relocation of any displaced
person as defined in 49 CFR Section 24.2(g). Documentation to support such
compliance must be maintained and made available to the State and its
representatives for review and inspection .
D . The Local Government shall assume all costs and perform necessary
requirements to provide any necessary evidence of title or right of use in the
name of the Local Government to the real property required for development of
the Project. The evidence of title or rights shall be acceptable to the State , and
be free and clear of all encroachments. The Local Government shall secure and
provide easements and any needed rights of entry over any other land needed to
develop the Project according to the approved Project plans. The Local
Government shall be responsible for securing any additional real property
required for completion of the Project.
E. In the event real property is donated to the Local Government after the date of
the State's authorization , the Local Government will provide all documentation to
the State regarding fair market value of the acquired property. The State will
review the Local Government's appraisal , determine the fair market value and
credit that amount towards the Local Government's financial share. If donated
property is to be used as a funding match, it may not be provided by the Local
Government. The State will not reimburse the Local Government for any real
property acquired before execution of this Agreement and the obligation of
federal spending authority.
F. The Local Government shall prepare real property maps, property descriptions,
and other data as needed to properly describe the real property and submit them
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to the State for approval prior to the Local Government acquiring the real
property. Tracings of the maps shall be retained by the Local Government for a
permanent record .
G. The Local Government agrees to make a determination of property values for
each real property parcel by methods acceptable to the State and to submit to
the State a tabulation of the values so determined, signed by the appropriate
Local Government representative. The tabulations shall list the parcel numbers,
ownership, acreage and recommended compensation. Compensation shall be
shown in the component parts of land acquired, itemization of improvements
acquired, damages (if any) and the amounts by which the total compensation will
be reduced if the owner retains improvements . This tabulation shall be
accompanied by an explanation to support the determined values, together with
a copy of information or reports used in calculating all determined values.
Expenses incurred by the Local Government in performing this work may be
eligible for reimbursement after the Local Government has received written
authorization by the State to proceed with determination of real property values.
The State will review the data submitted and may base its reimbursement for
parcel acquisitions on these values.
H . Reimbursement for real property costs will be made to the Local Government for
real property purchased in an amount not to exceed eighty percent (80%) of the
cost of the real property purchased in accordance with the terms and provisions
of this Agreement. Reimbursement will be in an amount not to exceed eighty
percent (80%) of the State's predetermined value of each parcel, or the net cost
of the parcel, whichever is less . In addition, reimbursement will be made to the
Local Government for necessary payments to appraisers, expenses incurred in
order to assure good title, and costs associated with the relocation of displaced
persons and personal property as well as incidental expenses .
I. If the Project requires the use of real property to which the Local Government will
not hold title, a separate agreement between the owners of the real property and
the Local Government must be executed prior to execution of this Agreement.
The separate agreement must establish that the Project will be dedicated for
public use for a period of not less than 10 (ten) years after completion. The
separate agreement must define the responsibilities of the parties as to the use
of the real property and operation and maintenance of the Project after
completion. The separate agreement must be approved by the State prior to its
execution. A copy of the executed agreement shall be provided to the State.
15. Insurance
If this Agreement authorizes the Local Government or its contractor to perform any work
on State right of way, before beginning work, the entity performing the work shall provide
the State with a fully executed copy of the State's Form 1560 Certificate of Insurance
verifying the existence of coverage in the amounts and types specified on the Certificate
of Insurance for all persons and entities working on State right of way . This coverage
shall be maintained until all work on the State right of way is complete. If coverage is not
maintained, all work on State right of way shall cease immediately, and the State may
recover damages and all costs of completing the work.
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16. Notices
All notices to either party shall be delivered personally or sent by certified or U.S. mail,
postage prepaid, addressed to that party at the foll owin g address:
Local Government:
City of Denton
ATTN : City Manager
215 East McKinney
Denton, Texas 76201
State:
Texas Department of Transportation
A TIN: Director of Contract Services
125 E. 11th Street
Au stin , TX 78701
All notices shall be deemed given on the date delivered in person or deposited in the
mail, unless otherwise provided by this Agreement. Either party may change the above
address by sending written notice of the change to the other party. Either party may
request in writing that notices shall be delivered personally or by certified U .S. mail, and
that request shall be carried out by the other party.
17. Legal Construction
If one or more of the provisions contained in this Agreement shall for any reason be held
invalid, illegal , or unenforceable in any respect , such invalidity, illegality, or
unenforceability shall not affect any other provisions and this Agreement shall be
construed as if it did not contain the invalid, illegal, or unenforceable provision.
18. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or
employee of the other party, and each party agrees it is responsible for its individual acts
and deeds as well as the acts and deeds of its contractors, employees, representatives ,
and agents.
19. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by the State
shall remain the property of the State. A ll data and information prepared under this
Agreement shall be made available to the State without restriction or limitation on their
further use. All documents produced or approved or otherwise created by the Local
Government shall be transmitted to the State, in the format directed by the State, on a
monthly basis or as required by the State . The originals shall remain the property of the
Local Government. .
20. Compliance with Laws
The parties to this Agreement shall com ply with all federal, state, and local laws ,
statutes, ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any manner affecting the performance of this
Agreement. When required, the Local Government shall furnish the State with
satisfactory proof of this compliance.
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21. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the
Agreement's subject matter.
22. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the cost
principles established in 2 CFR 200 that specify that all reimbursed costs are allowable,
reasonable, and allocable to the Project.
23. Procurement and Property Management Standards
The parties to this Agreement shall adhere to the procurement and property
management standards established in 2 CFR 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the
Texas Uniform Grant Management Standards. The State must pre-approve the Local
Government's procurement procedures for purchases to be eligible for state or federal
funds.
24. Inspection of Books and Records
The parties to this Agreement shall maintain all books, documents, papers, accounting
records, and other documentation relating to costs incurred under this Agreement and
shall make such materials available to the State, the Local Government, and, if federally
funded , the FHWA and the U.S. Office of the Inspector General or their duly authorized
representatives for review and inspection at its office during the Agreement period and
for seven (7) years from the date of final reimbursement by FHWA under this Agreement
or until any impending litigation or claims are resolved. Additionally, the State, the Local
Government, and the FHWA and their duly authorized representatives shall have access
to all the governmental records that are directly applicable to this Agreement for the
purpose of making audits, examinations, excerpts, and transcriptions .
25. Civil Rights Compliance
The parties to this Agreement are responsible for the following :
A. Compliance with Regulations: Both parties will comply with the Acts and the
Regulations relative to Nondiscrimination in Federally-assisted programs of the
U.S. Department of Transportation (USDOT), the Federal Highway
Administration (FHWA), as they may be amended from time to time, which are
herein incorporated by reference and made part of this Agreement.
B. Nondiscrimination: The Local Government, with regard to the work performed by
it during the Agreement, will not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors , including
procurement of materials and leases of equipment. The Local Government will
not participate directly or indirectly in the discrimination prohibited by the Acts
and the Regulations, including employment practices when the Agreement
covers any activity, project, or program set forth in Appendix B of 49 CFR Part
21.
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C . Solicitations for Subcontracts. Including Procurement of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made
by the Local Government for work to be performed under a subcontract, includ ing
procurement of materials or leases of equipment, each potential subcontractor or
supplier will be notified by the Local Government of the Local Government's
obligations under th is Agreement and the Acts and Regulations relative to
Nondiscrimination on the grounds of race, color, or national origin .
D. Information and Reports: The Local Government will provide all information and
reports required by the Acts, the Regulations , and directives issued pursuant
thereto, and will permit access to its books , records, accounts, other sources of
information, and facilities as may be determined by the State or the FHWA to be
pertinent to ascertain compliance with such Acts , Regulations or directives.
Where any informatio n required of the Local Government is in the exclusive
possession of another who fails or refuses to furnish this information, the Local
Government will so certify to the State or the FHWA, as appropriate, and will set
forth what efforts it has made to obtain the information.
E. Sanctions for Noncompl iance : In the event of the Local Government's
noncompliance with the Nondiscrimination provisions of this Agreement, the
State will impose such contract sanctions as it or the FHWA may determine to be
appropriate , including , but not limited to :
1. withholding of payments to the Local Government under the Agreement until
the Local Government complies and/or
2 . cancelling , terminating , or suspending of the Agreement, in whole or in part.
F. Incorporation of Provisions : The Local Government will include the provisions of
paragraphs (A) through (F) in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Acts, the Regulations
and directives issued pursuant thereto. The Local Government will take such
actio n with respect to any subcontract or procurement as the State or the FHWA
may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided , that if the Local Government becomes involved in, or
is threatened with, litigation with a subcontractor or supplier because of such
direction, the Local Government may request the State to enter into such
litigation to protect the interests of the State. In addition, the Local Government
may request the United States to enter into such litigation to protect the interests
of the United States.
26 . Pertinent Non-Discrimination Authorities
During the performance of this Agreement, each party, for itself, its assignees, and
successors in interest agree to comply with the following nondiscrimination statutes and
authorities; including but not limited to:
A. Title VI of the Civil Rights Act of 1964 (42 U.S. C. § 2000d et seq., 78 stat. 252),
(pro-hibits discrimination on the basis of race, color , national origin); and 49 CFR
Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S .C. § 4601), (prohibit s unfair treatment of persons displaced or
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whose property has been acquired because of federal or federal-aid programs
and projects).
C . Federal-Aid Highway Act of 1973, (23 U.S. C . § 324 et seq.), as amended ,
(prohibits discrimination on the basis of sex).
D . Section 504 of the Reha bil itation Act of 1973, (29 U.S.C. § 794 et seq.) as
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part
27.
E. The Age Discrimination Act of 1975, as amended, (42 U .S.C . § 6101 et seq.},
(prohibits discrimination on the basis of age).
F. Airport and Airway Improvement Act of 1982, (49 U.S .C. Chapter 471, Section
47123), as amended , (prohibits discrimination based on race, creed, color,
national origin, or sex).
G . The Civil Rights Restoration Act of 1987, (PL 100-209}, (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the federal-aid recipients, subrecipients and contractors,
whether such programs or activities are federally funded or not).
H. Titles II and Ill of the Americans with Disabilities Act, which prohibits
discrimination on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation , and certain
testing entities (42 U.S.C . §§ 12131-12189) as implemented by Department of
Transportation regulations at 49 C .F.R. parts 37 and 38 .
I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S . C. §
47123) (prohibits discrimination on the basis of race, color, national origin, and
sex).
J. Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures
no nd iscrimination against minority populations by discouraging programs,
policies , and activities with disproportionately high and adve rse human health or
environmental effects on minority and low-income populations.
K . Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of limited English proficiency (LEP). To ensure
compliance with Title VI , the parties must take reasonable steps to ensure that
LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to
74100).
L. Title IX of the Education Amendments of 1972, as amended, which prohibits the
parties from discriminating because of sex in education programs or activities (20
U.S.C. 1681 et seq.).
27. Disadvantaged Business Enterprise (DBE) Program Requirements
If federal funds are used:
A. The parties shall comply with the Disadvantaged Business Enterprise Program
requirements established in 49 CFR Part 26.
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B. The Local Government shall adopt, in its totality, the State's federally approved
DBE program .
C. The Local Government shall incorporate into its contracts with subproviders an
appropriate DBE goal consistent with the State's DBE guidelines and in
consideration of the local market, project size, and nature of the goods or
services to be acquired. The Local Government shall submit its proposed scope
of services and quantity estimates to the State to allow the State to establish a
DBE goal for each Local Government contract with a subprovider. The Local
Government shall be responsible for documenting its actions.
D. The Local Government shall follow all other parts of the State's DBE program
referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the
Adoption of the Texas Department of Transportation's Federally-Approved
Disadvantaged Business Enterprise by Entity, and attachments found at web
address http://ftp. dot. state. tx. us/pub/txdot-
info/bop/dbe/mou/mou attachments.pdf.
E. The Local Government shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of any U.S. Department of
Transportation (DOT}-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The Local Government shall
take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-
discrimination in award and administration of DOT-assisted contracts. The
State's DBE program , as required by 49 CFR Part 26 and as approved by DOT,
is incorporated by reference in this Agreement. Implementation of this program
is a legal obligation and failure to carry out its terms shall be treated as a
violation of this Agreement. Upon notification to the Local Government of its
failure to carry out its approved program, the State may impose sanctions as
provided for under 49 CFR Part 26 and may, in appropriate cases, refer the
matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
F. Each contract the Local Government signs with a contractor (and each
subcontract the prime contractor signs with a sub-contractor) must include the
following assurance: The contractor, sub-recipient, or sub-contractor shall not
discriminate on the basis of race, color, national origin, or sex in the performance
of this contract. The contractor shall carry out applicable requirements of 49
CFR Part 26 in the award and administration of DOT-assisted contracts. Failure
by the contractor to carry out these requirements is a material breach of this
Agreement, which may result in the termination of this Agreement or such other
remedy as the recipient deems appropriate.
28. Debarment Certifications
If federal funds are used, the parties are prohibited from making any award at any tier to
any party that is debarred or suspended or otherwise excluded from or ineligible for
participation in Federal Ass istance Programs under Executive Order 12549, "Debarment
and Suspension ." By executing this Agreement, the Local Government certifies that it
and its pri ncipals are not currently debarred, suspended, or otherwise excluded from or
ineligible for participation in Federal Assistance Programs under Executive Order 12549
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a nd further certifies that it will not do business with any party, to include principals, that is
currently debarred, suspended, or otherwise excluded from or ineligible for participation
in Federal Assistance Programs under Executive Order 12549. The parties to this
Agreement shall require any party to a subcontract or purchase order awarded under
this Agreement to certify its eligibility to receive federal funds and , when requested by
the State, to furnish a copy of the certification.
If state funds are used, the parties are prohibited from making any award to any party
that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20,
Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1,
Chapter 9, Subchapter G.
29. Lobbying Certification
If federal funds are used, in executing this Agreement , each signatory certifies to the
best of that signatory's knowledge and belief, that:
A. No federal appropriated funds have been paid or will be paid by or on behalf of
the parties to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal , amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in conn ect ion with federal contracts, grants,
loans , or cooperative agreements, the signatory for the Local Government shall
complete and submit the Federal Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
C. The parties shall require that the language of this certification shall be included in
the award documents for all sub-awards at all tiers (including subcontracts ,
subgrants, and contracts under grants, loans, and cooperative agreements) and
all sub-recipients shall certify and disclose accordingly . Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by Title 31 U.S.C. §1352. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than
$1 00,000 for each such failure .
30. Federal Funding Accountability and Transparency Act Requirements
If federal funds are used, the following requirements apply:
A. Any recipient of funds under this Agreement agrees to comply with the Federal
Funding Accountability and Transparency Act (F FATA) and implementing
regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject
to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-201 0-09-
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14/pdf/201 0-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-201 0-09-
14/pdf/2010-22706.pdf.
B. The Local Government agrees that it shall:
1. Obtain and provide to the State a System for Award Management (SAM)
number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award
provides more than $25,000 in federa l funding. The SAM number may be
obtained by visiting the SAM website whose address is:
https://www.sam.gov/portallpublic/SAM/
2. Obtain and provide to the State a Data Universal Numbering System (DUNS)
number, a unique nine-character number that allows federal government to
track the distribution of federal money. The DUNS may be requested free of
charge for all businesses and entities required to do so by visiting the Dun &
Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform ;
and
3. Report the total compensation and names of its top five executives to the
State if:
i. More than 80% of annual gross revenues are from the federal
government, and those revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting
to the U .S. Securities and Exchange Commission .
31. Single Audit Report
If federal funds are used:
A The parties s hall comply with the single audit report requirements stipulated in 2
CFR 200, Uniform Administrative Requirements , Cost Principles, and Audit
Requirements for Federal Awards.
B. If threshold expenditures of $750,000 or more are met during the fiscal year, the
Local Government must submit a Single Audit Report and Management Letter (if
applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX
78701 or contact TxDOT's Compliance Division by email at
singleaudits@txdot.gov.
C. If expenditures are less than the threshold during the Local Government's fiscal
year, the Local Government must submit a statement to TxDOT's Compliance
Division as follows: "We did not meet the $ expenditure threshold and
therefore , are not required to have a single audit performed for FY "
D. For each year the Project remains open for federal funding expenditures, the
Local Government will be responsible for filing a report or statement as described
above. The required annual filing shall extend throughout the life of the
Agreement, unless otherwise amended or the Project has been formally closed
out and no charges have been incurred within the current fiscal year.
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32 . Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this
Agreement on behalf of the entity represented.
Each party is signing this Agreement on the date stated under that party's signature.
THE STATE OF TEXAS
B :
Kenneth Stewart
Director of Contract Services
Texas Department of Transportation
Date:
B:
Date:
THE LOCAL GOVERNMENT
T odd Hileman
City Manager
City of Denton
Approved as to Form:
City Attorney
Aaron Leal
This Agreement has been both reviewed and
approved as to financial and operational
obligations and business terms. By•~~~
City Engineer-Director of Capital Projects
ATTEST:
City Secretary
By: __________ _
Rosa Rios
City Secreta ry
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AFA LongGen Rev 07/17/2019
TxDOT:
CSJ#
District#
Code Chart 64 #
Project Name
Limits
AFA LongGen
Federal Highway Administration:
0918-46-319 CFDANo. 20.205
Dallas -18 CFDA Title Highway Planning and Construction
11400
Bonnie Brae Street AFA Not Used For Research & Development
From Windsor Drive to US 77
ATTACHMENT A
ORDINANCE
Page 1 of 1
Attachment A
I
TxDOT:
CSJ#
District#
Code Chart 64 #
Project Name
Limits
AFA LongGen
Federal Highway Administration:
0918-46-319 CFDA No. 20.205
Dallas-18 CFDA Title Highway Planning and Construction
11400
Bonnie Brae Street AFA Not Used For Research & Development
From Windsor Drive to US 77
ATTACHMENT B
LOCATION MAP SHOWING PROJECT
Windsor Drive
R3yzc-r RJnch 0
T wn C~nll"
Q
Nortll Lok Park
.
Project Start
Dr
Page 1 of 1
NORTHRIDGE
MCKAMY
EVERS
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Attachment B
TxDOT: Federal Highway Administration:
CSJ# 0918-46-319 CFDA No. 20.205
District# Dallas-18 CFDA Ti tle Highway Planning and Construction
Code Chart 64 # 11400
Project Name Bonnie Brae Street AFA Not Used For Research & Development
Limits From Windsor Drive to US 77
ATTACHMENT C
PROJECT BUDGET
·-
The Local Government will be responsible for 1 00% of environment, engineering and direct state costs.
Category 5 and Category 7 funds for right of way and constructio n costs will be allocated based on 80%
Federal funding and 20% Local funding until the Federal funding reaches the maximum obligated amount.
The Local Government will then be responsible for 1 00% of the costs .
The Project cost is to be a follows:
Total Federal State Local
Description Estimate Participation Participation Participation
Cost
% Cost % Cost % Cost
Environmental (by Local) $145,588 0% $0 0% $0 100% $145 ,588
Engineering (by Local) $1,310,294 0 % $0 0% $0 100% $1,310 ,294
Right of Way (by Locai)-Cat. 7 -STBG $1,893 ,362 80% $1 ,514 ,690 0% $0 20% $378,672
Construction (by Local) -cat.7 -STBG $11,332,663 80% $9,066,130 0% $0 20% $2,266,533 --------------------------------------------------------------------------------------------------------------------------------------------------------· -------------------------------------------------------------
Construction (by Local) -cat.5 -CMAQ $393,163 80% $314,530 0% $0 20% $78,633 --------------------------------------------------------------------------------------------------------------------$0 --------------------------------------~-~~-~-~~~.<?~-~~--(~Y---~-~~~!1.:: .. ~-~~~! ____________ $2,500,000 0% 0 0% 100% $2,500,000 -------------------------:-----------------·------------------------------------------------------------------------------------------------Total Construction $14,225,826 $9,380,660 $0 $4,845,166
Subtotal $17,575,070 $10,895,350 $0 $6 ,679,720
Direct State Costs -Environmental $14,559 0% $0 0% $0 100% $14,559
Direct State Costs -Engineering $14,559 0% $0 0% $0 100% $14,559
Direct State Costs -Right of Way $46 ,569 80% $37 ,255 0% $0 20% $9 ,314
Direct State Costs -Utilities $46 ,569 80% $37,255 0% $0 20% $9 ,314
Direct State Costs -Construction $1 13,675 80% $90 ,940 0% $0 20% $22,735
Subtotal $235,931 $165,450 $0 $70,481
Ind irect State Costs (4.52%) $794,393 0% $0 100% $794,393 0% $0
TOTAL $18,605,394 $11 ,060 ,800 $794,393 $6,750,201
Initial Payment by the Local Government to the State: $29.118
Payment by the Local Government to the State prior to construction : $41.363
Estimated total payment due by the Local Government to the State= $70,481
This is an estimate. The final amount of the Local Government participation will be based on actual costs.
Page 1 of 1
AFA LongGen Attachment C
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-372,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,Texas granting Northstar Builders Group a noise
exception to perform construction work on the Denton High School outside of the authorized work hours,set
forth in Section 17-20 of the Code of Ordinances,one time during each of the following weeks:February 17,
March 24,April 13,and May 4,2020 (weather permitting)from 4:00 a.m.to 8:30 p.m.,on property located at
3001 Bronco Way; and providing an effective date.
City of Denton Printed on 2/7/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: February 11, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas granting Northstar Builders Group a noise
exception to perform construction work on the Denton High School outside of the authorized work hours,
set forth in Section 17-20 of the Code of Ordinances, one time during each of the following weeks: February
17, March 24, April 13, and May 4, 2020 (weather permitting), from 4:00 a.m. to 8:30 p.m., on property
located at 3001 Bronco Way; and provid ing an effective date.
BACKGROUND
Phillip Huffines, Senior Project Manager for Northstar Builders Group, requests an exception from the
allowed construction work hours for the Denton High School location pour site during the weeks of
February 17, March 27, April 17, and May 6 beginning at approximately 4:00 a.m. and ending at 8:30 p.m.
Section 17-20(c)(3)(f) of the Code of Ordinances limits the work hours for the construction of any building
from 7:00 a.m. to 8:30 p.m. Monday through Friday from Octobe r 1 to May 31. The City Council may
issue special permits or exceptions for construction work at other hours in case of urgent necessity and in
the interest of public safety and convenience.
The concrete pour site location is a minimum of 3,000 feet fr om all residences and the decibel level shall
not exceed 85 decibels at the 3,000 ft. radius location. There are approximately 15 pours, several smaller
pours have been completed.
OPTIONS
1. Recommend approval
2. Recommend approval subject to conditions
3. Recommend Denial
4. Postpone item
RECOMMENDATION Staff recommends approval
DEVELOPER ENGAGEMENT DISCLOSURES
No developer contact disclosures have been provided to staff from members of this body as of the issuance
of this report.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
EXHIBITS
1. Agenda Information Sheet
2. Applicant Request
3. Aerial Map
4. Slab Sequence Map
5. Site Plan
6. Ordinance
Respectfully submitted:
Scott A. McDonald
Development Services Director
Prepared by:
Emily Loiselle
Deputy Building Official
From: Philip Huffines [mailto:phuffines@nstarbuilders.com]
Sent: Thursday, January 30, 2020 3:29 PM
To: Loiselle, EmilyA. <Emily.Loiselle@cityofdenton.com>
Cc: Tom Hinton <thinton@nstarbuilders.com>; Corey Aaron <corey@nstarbuilders.com>
Subject: New Denton HS - Slab Pour Sequence
Ms. Loiselle,
Please see the attached drawing of the tentative slab pour dates for the 1 st floor slabs at the New
Denton High School project. As outlined in the slab sequence attachment, we currently have 4 concrete
slab (Highlighted in Green) pours that are over 20,000 square feet and would like to ask permission to
start pouring these slabs at 4 AM and the remaining areas at 6 AM. With these earlier start times, it
would provide the construction team with the additional needed time for these larger concrete
pours. One of the reasons that we are looking at needing to make these larger pours is due to the large
amount of polished floors at this campus and trying to reduce the number of exposed pour breaks. We
are approximately 3,000 feet from the closest house at the locations that are included the slab sequence
plan. Thanks for your time and consideration.
Philip Huffines
Sr. Project Manager
270 North Denton Tap Rd, Suite 250
Coppell, TX 75019
972 745 6900 office
903 450 7718 cell
phuffines@nstarbuilders.com
www.nstarbuilders.com
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The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property ofthe 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 orimplied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
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216 - Pour Sequence Orange - 18,885 SF217 - Pour Sequence Blue - 15,925 SF218 - Pour Sequence Yellow - 18,941 SF219 - Pour Sequence Green - 18,778 SF220 - Pour Sequence Pink - 31,574 SF221 - Pour Sequence Brown - 18,298 SF222 - Pour Sequence Dark Blue - 18,850 SF223 - Pour Sequence Dark Green - 20,057 SF224 - Pour Sequence Red - 24,861 SF225 - Pour Sequence Grey - 12,906 SF226 - Pour Sequence Purple - 22,420 SF227 - Pour Sequence Beige - 25,352 SF228 - Pour Sequence Pink 2 - 8,869 SF229 - Pour Sequence Green 2 - 17,522 SF232 - Pour Sequence Red 2 - 8,164 SFA2.11 - ORIENTATION PLAN -LEVEL ONE.pdf (26% of Scale); Takeoff in Active Area: All Areas; Denton HS #5 (For Construction); February 2013; 12/12/2019 09:17 AM
OVERALL SITE PLAN - 3001 BRONCO WAY
S:\Legal\Our Documents\Ordinances\20\0rdinance Noise Exception Northstar For Denton High.Docx
ORDINANCE NO . __ _
AN ORDINANCE OF THE CITY OF DENTON, TEXAS GRANTING NORTHSTAR
BUILDERS GROUP A NOISE EXCEPTION TO PERFORM CONSTRUCTION WORK ON
THE DENTON HIGH SCHOOL OUTSIDE OF THE AUTHORIZED WORK HOURS, SET
FORTH IN SECTION 17-20 OF THE CODE OF ORDINANCES, ONE TIME DURING EACH
OF THE FOLLOWING WEEKS: FEBRUARY 17, MARCH24, APRIL 13, AND MAY 4, 2020,
FROM 4 :00A.M. TO 8:30P.M ., ON PROPERTY LOCATED AT 3001 BRONCO WAY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the work hours for the construction of any building within the limits of the
City of Denton are limited to 7:00a.m. and 8:30p.m. Monday through Friday from October 1 to
May 31, pursuant to Section 17-20(c)(3)(t) of the Code of Ordinances ; and
WHEREAS, the City Council may issue special permits or exceptions for construction
work at other hours in case of urgent necessity and in the interest of public safety and convenience,
pursuant to Section 17-20( c )(3 )( t) of the Code of Ordinances; and
WHEREAS, Northstar Builders Group has made an application for an exception to
authorized hours of work in connection with the construction of the new Denton High School
campus, located at 3001 Bronco Way, to pour continuous concrete foundations on one occasion
during each ofthe following weeks: February 17, 2020, March 24, 2020, April13, 2020 and May
4, 2020;and
WHEREAS, the City Council of the City ofDenton, finds that granting a noise exception
for this construction work, limited to the aforementioned periods, subject to the restrictions
contained herein, is in the interest of public safety and convenience; 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. Pursuant to Section 17-20 of the Code of Ordinances, Northstar Builders
Group, is hereby granted an exception to the construction work hours, subject to the following
restrictions:
a. This exception is granted only in connection with the construction of the foundation of the
new Denton High School site located at 3001 Bronco Way for the following weeks
(weather permitting) the weeks of February 17, March 24, April 13, and May 4, 2020.
b . Northstar Builders Group agrees to take full responsibility for ensuring that the conditions
of this exception are met and to take all reasonable measures necessary to avoid disturbing
persons of ordinary sensibilities in the immediate vicinity of the event.
c. Under no circumstances shall Northstar Builders Group perform construction work later
than 8:30p.m. on any day.
d . This Ordinance confers no personal or property rights, and may be amended, modified,
suspended, or revoked in whole or in part at the will of the City Council of the City of
Denton, without any advance warning, hearing, or compensation, for any reason at all, or
for no reason.
e. This Ordinance shall be strictly construed as an exception granted pursuant to Section 17-
20 of the Code of Ordinances of the City ofDenton. The City ofDenton expressly reserves
unto itself and all other persons any and all legal remedies, both civil and criminal, relating
to excessive noise in correction with this annual event, and hereby disclaims any
promissory, or equitable estoppel which might in any way impede the pursuit of such
remedies by any person.
SECTION 3. This Ordinance shall be effective immediately upon its passage and approval
and shall expire upon the completion of the foundation pour on or before May 8, 2020, unless
sooner repealed, modified, or rescinded .
The motion to approve this ordinance was made by and
seconded by the ordinance was passed and approved by
the following vote l_ -_j:
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 ____ __, 2020 .
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: ---------------------------------
APPROVED AS TO LEGAL FORM :
AARON LEAL, CITY ATTORNEY
2
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-347,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton prohibiting on-street parking on the south side of East
Windsor Drive from Glenwood Lane to Hanover Drive between 7 AM and 4 PM; 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.
City of Denton Printed on 2/7/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Capital Projects
CM/ DCM/ ACM: Mario Canizares
DATE: February 11, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton prohibiting on-street parking along the south side of E
Windsor Drive Glenwood Lane to Hanover Drive between 7 AM and 4 PM; 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.
BACKGROUND
On December 13th, 2019, City staff met with Denton Independent School District staff to discuss mobility concerns
during the two years of construction at Wilson Elementary. In this meeting, the restriction of parking along the
south side of E Windsor Drive between Hanover Drive and Glenwood Lane was identified as a key element in the
improvement of safety adjacent to the school campus. Staff has observed the location and agrees that the eastbound
curb lane on Windsor should be reverted to an area designated for vehicles waiting to pick up and drop off students.
This will clear the eastbound travel lane for non-school traffic.
RECOMMENDATION
Staff recommends adoption of the ordinance restricting parking on the south side of E Windsor Drive.
ESTIMATED SCHEDULE OF PROJECT
The parking restriction signs can be installed by the end of February.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
This information was presented to the Traffic Safety Commission on January 6th, 2020 and was unanimously
supported by that membership. In addition, it was presented to the Mobility Committee on January 14th, 2020 and
was also supported unanimously.
FISCAL INFORMATION
Materials for this project will be funded through the Traffic Operations general operating budget.
EXHIBITS
1. Exhibit 1 - Agenda Information Sheet
2. Exhibit 2 – Location Map
3. Exhibit 3 - DISD letter
4. Exhibit 4 – No Parking Ordinance for E Windsor
Respectfully submitted:
Brian Jahn, PE
City Traffic Engineer
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Proposed Limits of E Windsor Drive Parking Restriction
Norman T. Sisk
Service Center Annex
230 N. Mayhill Rd.
Denton, TX 76208
(940) 369-0200
Fax (940) 369-4973
www.dentonisd.org
(Department – Operations)
Superintendent
Dr. James K. Wilson, III
Executive Director
Operations
Paul Andress
Construction
Garry Ryan
Custodial Supervisor
Kelly Hilburn
Environmental
Safety Manager
Bill Knight
Maintenance
Supervisor
Jay Sanchez
Utilities Specialist
Angela Alfonso
Warehouse Manager
Gina Burgess
Administrative Assistant
Whitney Fentress
Construction
Custodial Services
Environmental Safety
Maintenance
Utilities
Warehousing
Empowering lifelong learners to be engaged citizens who positively impact their local and global community
Thursday, December 19, 2019
Attention: Brian Jahn
Subject: Woodrow Elementary
COD Project 1909-0057 - 1501 Emerson Lane
We are writing today with reference to the above project specifically street traffic around the campus.
As the District closely monitors the Woodrow Wilson Elementary School construction project, we
continue to collaborate with the City of Denton to explore potential solutions to provide a safe
environment during the construction timeframe.
Although the project is currently underway, the proposals below are based on the level of construction
activity, which will increase significantly at the end of January/beginning of Februa ry 2020. Completion
of the Woodrow Wilson project is anticipated to be the summer of 2021.
Members of the City and the District met on Friday, December 13, 2019, to continue discussions related
to traffic safety during the project. The following recommendations are respectfully submitted to the
City of Denton for consideration during the span of the project based on our collaboration:
• Consider establishing a ‘No Parking’ zone on the south side of Windsor, from Hanover to
Glenwood during the construction period.
o This would allow for stacking during school drop off and pick up times at the campus.
o This would also eliminate stacking in the active driving lanes of Windsor.
• Consider repurposing the current bike path along N. Windsor to be a multi-purpose path with
safety barriers to promote visibility of the users.
o For safety reasons posed by the vertical construction of the new facility, it has been
proposed that the sidewalk adjacent to the school property is permanently closed until
construction is completed in the fall of 2021.
• Consider adding a 4-way stop at the intersection of Windsor and Longfellow, and an additional
crossing guard to promote safety of the students crossing at this l ocation.
It is anticipated the recommendations above are needed only during the timeframe of the construction
project. As always, the Denton ISD values our partnership with the City of Denton, as well as the
community members of those we serve.
Respectfully,
Garry Ryan
Denton ISD
Executive Manager of Construction, Planning and Growth
940.369.0200
Cc: File
Gwen Perkin
Caleb Leath
Balfour Beatty Construction
ORDINANCE NO . 20-----------------
AN ORDINANCE OF THE CITY OF DENTON PROHIBITING ON-STREET PARKING ON
THE SOUTH SIDE OF EAST WINDSOR DRIVE FROM GLENWOOD LANE TO HANOVER
DRIVE BETWEEN 7 AM AND 4 PM; 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.
WHEREAS, Denton Independent School District (DISD) is reconstructing Wilson
Elementary located on East Windsor Drive; and
WHEREAS, East Windsor Drive has been known to have a high demand for on-street
parking due to its proximity to Wilson Elementary; and
WHEREAS, the school, DISD, and residents have expressed concerns for walking and
cycling near the south side of East Windsor Drive during the proposed reconstruction of Wilson
Elementary; and
WHEREAS, DISD has requested the removal of south side parking during construction
and the relocation of pedestrian and cycling activity to the north side of East Windsor Drive during
construction; and
WHEREAS, the relocation ofthe pedestrian and cycling activity to the north side ofEast
Windsor Drive will require the reconfiguration ofthe travel lanes ofEast Windsor Drive between
Glenwood Lane and Hanover Drive; and
WHEREAS, the Traffic Safety Commission considered this item on January 6, 2020, and
endorsed the proposed parking removal with a vote of 5-l; and
WHEREAS, the City Council considered this item and determines that it was in the public
interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. The recitations contained in the preamble of this Ordinance are hereby
incorporated by reference as if fully set out herein.
SECTION 2. When signs and/or marking, or any combination thereof, are in place giving
notice thereof, no person shall park a vehicle on the south side of East Windsor Drive from
Glenwood Lane to Hanover Drive between 7 AM and 4 PM.
SECTION 3. The provisions of Section 2 prohibiting the parking of vehicles shall apply
on the designated portion of the above-named street, except when it is necessary to stop a vehicle
to avoid conflict with other traffic, or in compliance with the direction of a police officer, or official
traffic control device.
1
SECTION 4. All provisions of the ordinances of the City of Denton in conflict with the
provisions of this Ordinanc e as related to the above parking restriction are hereby repealed, and all
other provisions of the ordinances of the City of Denton not in conflict with the provisions of this
Ordinance shall remain in full force and effect.
SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or word in this
Ordinance, or application thereof to any person or 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 ofDenton hereby declares it would have enacted such
remaining portions despite any invalidity .
SECTION 6. Save and except as amended hereby, all the provisions, sections, subsections,
paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force
and effect.
SECTION 7. Any person found liable of violating this Ordinance by a court of competent
jurisdiction shall be fined a sum not to exceed five hundred dollars ($500). Each day that a
provision of this Ordinance is violated shall constitute a separate offense. The disposition of
parking citations issued pursuant to this Ordinance shall be governed by Division 3 titled "Parking
Violations Division" of Chapter 18 of the Code of Ordinances .
SECTION 8. This Ordinance, providing for a penalty, shall become effective 14 days from
the date of its passage, and the City Secretary is hereby directed to cause the caption of this
ordinances to be published twice in the Denton Record-Chronicle, the official newspaper in the
City ofDenton, within 10 days ofthe 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
Chris Watts, Mayor:
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 :
2
PAS SED AND APPROVED this the ___ day of ______ ----2020
CHRIS WATTS, MAYOR
ATTEST:
ROSARIOS, CITY SECRETARY
BY: ----------------------
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
3
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:S19-0012e,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,Texas,approving a Specific Use Permit to allow for a
multi-family dwelling use on an approximately 15.34 acres of land,generally located on the northwest corner
of Duchess Drive and Loop 288,in the City of Denton,Denton County,Texas;providing for a penalty in the
maximum amount of $2,000.00 for violations thereof;providing for severability;and establishing an effective
date.The Planning and Zoning Commission recommended denial (4-3).THIS ITEM WAS POSTPONED AT
THE FEBRUARY 4, 2020 CITY COUNCIL MEETING. (S19-0012d, Denton Grove Apartments, Julie Wyatt)
City of Denton Printed on 2/7/2020Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: February 11, 2020
SUBJECT
Consider adoption of an ordinance of the C ity of Denton, Texas, approving a Specific Use Permit to allow
for a multi-family development use on an approximately 15.34 acres of land, generally located on the
northwest corner of Duchess Drive and Loop 288, in the City of Denton, Denton County, Texas; providing
for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and
establishing an effective date. The Planning and Zoning Commission recommended denial (4-3). THIS
ITEM WAS POSTPONED AT THE FEBRUARY 4, 2020 CITY COUNCIL MEETING. THE
APPLICANT HAS REQUESTED TO POSTPONE THE ITEM TO THE FEBRUARY 18, 2020 CITY
COUNCIL MEETING. (S19-0012d, Denton Grove Apartments, Julie Wyatt)
BACKGROUND
The applicant has requested to postpone this item until the February 18, 2020 meeting to review the
additional conditions requested by City Council, develop a specific plan for the increased tree preservation,
and determine what rent and income levels would work best under the income averaging provision.
On February 4, 2020, the City Council held a public hearing for the proposal. During the discussion, several
considerations were discussed regarding traffic and site design concerns. The following is a list of additional
conditions to address those concerns which have been included in the attached draft ordinance:
1. Traffic Signal. Four hundred thousand dollars ($400,000) must be deposited with the City prior to
recording of the Final Plat for the design and construction of a traffic signal with a pedestrian
crossing at the corner of Duchess Drive and South Loop 288. The $400,000 fund may be entitled to
reimbursement of the pro rata cost . The reimbursement amount will be credited toward the
development of Pebblebrook Open Space. The terms of the pro rata agreement must be approved
by the City Council prior to beginning construction of the traffic signal.
2. Tree Preservation. A minimum of thirty percent (30%) of the total dbh of Heritage and Quality trees
onsite must be preserved in accordance with DDC Section 7.7.4.
3. Vehicular Access. A north access point must be added to the site plan, connecting the multi-family
development with East McKinney Street through a cross access easement. The developer must
submit evidence of a recorded easement prior to issuance building permit.
4. Income Averaging. Income averaging is required for the life of the affordability period as set forth
in Exhibit “C.”
5. Sidewalk Extension. An offsite sidewalk must be constructed concurrent to other required public
improvements along the South Loop 288 frontage, extending from the subject property’s north
boundary, across the adjacent property, and connecting to the existing sidewalk.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
The request is for a Specific Use Permit (SUP) to allow multi-family dwellings on approximately 15.34
acres of land zoned Community Mixed Use General (CM-G) District. The request was received on June 14,
2019, after the adoption of the 2019 Denton Development Code (DDC) and prior to the 2019 DDC’s
effective date. The applicant was provided with the option to choose either of the 2002 or 2019 DDCs, both
of which require a Specific Use Permit for multi-family residential dwellings. This application was
submitted and reviewed under the 2002 DDC, per the applicant’s request.
The proposed multi-family development would include a total of 276 dwelling units, twelve, two- and three-
story buildings, 568 parking spaces, bicycle parking, two access points, and controlled access gates.
Amenities include a community pool, playgrounds, picnic areas and a dog park. A Site Plan, Landscape
Plan, and building elevation are provided in Exhibits 6, 7, and 8, respectively.
PLANNING AND ZONING COMMISSION
On December 11, 2019, the Planning and Zoning Commission held a public hearing for the proposed SUP.
At the public hearing, staff presented a land-use analysis of the request with a recommendation of approval
with conditions. During staff’s presentation, questions were raised regarding the limited recreation
opportunities in the area. While the City owns property across Loop 288 for future park development, there
are currently no City parks within the 10-minute walk from the site.
One nearby property owner spoke in opposition wit h concerns regarding the agglomeration of low-income
housing on the east side of the City and his preference for commercial development adjacent to the Loop
288 and Duchess Drive corridors. Additionally, he expressed concerns regarding walkability, student
generation, and traffic.
The applicant presented the proposal with an access alternative (additional exit-only to McKinney Street),
changes to the perimeter fencing materials (substituting the proposed wood with wrought -iron style
aluminum), and an offer to meet the 2019 street tree requirements.
At the close of the public hearing, a motion was made and seconded to recommend approval of the request
with staff conditions plus meeting the 2019 street tree requirements (as shown on the attached Landscape
Plan). One member mentioned a concern regarding the number of affordable dwelling units in the area.
That motion failed (3-4).
A second motion was made and seconded to recommend denial. The motion carried (4-3).
OPTIONS
1. Approve.
2. Approve Subject to Conditions.
3. Deny.
4. Postpone Item.
RECOMMENDATION
The Planning and Zoning Commission recommended denial (4-3). In order for the Specific Use Permit
to become effective, three-fourths of members of the City Council qualified to vote must vote to
approve the request in accordance with 2002 DDC Section 35.3.4.C.4.b.
Staff recommended approval of the SUP with the following conditions:
1. An approved Alternative Development Plan is required for the proposed deviations from
Subsection 35.13.13.2.A of the 2002 DDC.
2. Landscaping in the attached landscape plan reflects an intent to comply with the 2002 Denton
Development Code requirements for parking, street trees, minimum landscape and canopy areas,
and compatibility buffers. Minor alterations to the depicted locations of individual plantings
may be approved by City staff, provided that the final landscaping, as planted, complies with
the attached site plan in terms of buffer and open space locations, as well as all elements of the
2002 Denton Development Code.
3. Parking area light fixtures can be determined at building permit.
4. The zoning map shall reflect the Specific Use Permit on the property consistent with the 2019
Denton Development Code.
5. Notwithstanding the limited administrative appro vals authorized in conditions 1, 2, and 3, the
City reserves the right to require approval by ordinance of any amendments to the SUP, the
attached site plan, and the elements described the section above, including those referenced in
conditions 1, 2, and 3.
The attached site plan, landscape plan, and sample building elevations provided in Exhibits 6-8 specify the
following, which will be incorporated as requirements of the SUP ordinance. Staff shall have the ability to
approve a reduction in the lot coverage, an increase in the landscape area, and a decrease in the number of
dwelling units with associated parking by any amount. Staff shall have the ability to approve increases up
to, and including, 5% of any of the amounts specified in requirements 2 -4, provided all applicable
requirements of the 2002 Denton Development Code are met. Increases greater than 5% will require a new
application and approval by ordinance.
1. Nine (9), three-story and three (3) 2- and 3-story buildings, one community center/leasing office,
community pool and pavilion, playgrounds, and a dog park.
2. Two Hundred Seventy-Six (276) dwelling units are specified, with a density of 18 dwelling units
per acre.
3. No fewer than five hundred and sixty-eight (568) parking spaces and two (2) bicycle racks are
required.
4. The site plan specifies a total of 61% lot coverage (410,754 square feet of impervious surface)
and 39% landscape area (257,485 square feet).
5. Open space areas provided throughout the site totals to 11.6% (77,472 square feet) and inclu de
playgrounds and BBQ grill/picnic space.
6. The sample building elevations specify an earth-toned color palette with balconies or patios in
100% of the dwelling units. Architectural details such as awnings, decorative wall lighting, and
a variety of recesses and projections provide changes in relief, and the appearance of the
stairwells is minimized from the exterior of the buildings. Final building elevations should
reflect these details and colors and be in compliance with DDC 35.13.13.2.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Date Council, Board,
Commission
Request Action
August 27, 2019 City Council Resolution No. 19-1693* Approval
November 20, 2019 Planning and Zoning
Commission
Specific Use Permit for
Multi-family Dwelling use
No action – The
request was
removed from the
agenda and was
noticed for the
December 11, 2019
Planning and
Zoning Meeting.
December 11, 2019 Planning and Zoning
Commission
Specific Use Permit for
Multi-family Dwelling use
Recommended
denial (4-3)
January 7, 2020 City Council Specific Use Permit for
Multi-family Dwelling use
Postpone to
February 4, 2020
February 4, 2020 City Council Specific Use Permit for
Multi-family Dwelling use
Public hearing was
closed. Postpone to
February 11, 2020
* The resolution provides “no objection” to the developer’s application for affordable and market rate rental
housing to facilitate the possible award of Housing Tax Credits. This approval does not negate the required
approvals associated with the Specific Use P ermit and other development applications.
PUBLIC OUTREACH:
Thirteen notices were sent to property owners within 200 feet of the subject property. Twenty courtesy
notices were sent to physical addresses within 500 feet of the subject property. As of the writing of this
report, two responses have been received in opposition and one response has been received in support of
the request within the 200-foot boundary. Opposition of this request is currently at approximately 29
percent, which triggers the requirement that three-fourths vote of all members of the City Council
qualified to vote must approve the request for the SUP to become effective .
A notice was published in the Denton Record Chronicle on January 18, 2020.
A notice was published on the City’s website on November 21, 2019.
Four signs were posted on the property on November 8, 2019.
A neighborhood meeting was held on December 3, 2019 and attended by five nearby property owners. At
the meeting, the applicant presented information regarding the proposed project, the development company,
construction timeline, and rental structure. Attendees asked questions on a variety of topics, including the
trip generation rates, types of perimeter fencing, access location to the site, and walkability rating o f the
proposal. At the end, one attendee expressed support for the project, and the others stated they would
provide feedback after considering the information provided.
DEVELOPER ENGAGEMENT DISCLOSURES
The following developer contact disclosure has been provided to staff from members of this body as of the
issuance of this report.
Subject Official Meeting Date Location Meeting Parties Notes
Denton Grove
Apartments
CM Armintor N/A N/A N/A Phone call to
discuss reason for
not meeting. No
meeting held.
EXHIBITS
1. Agenda Information Sheet
2. Staff Analysis
3. Site Location Map
4.1. Zoning Map (2002)
4.2. Zoning Map (2019)
5. Future Land Use Map
6. Proposed Site Plan
7. Proposed Landscape Plan
8. Sample Elevations
9. LLC Members List
10. Notification Map and Responses
11. Resolution of No Objection – Affordable Housing Tax Credits
12. Presentation
13. December 11, 2019 Planning and Zoning Commission Meeting Minutes
14. Draft Ordinance
Respectfully submitted:
Richard Cannone, AICP
Deputy Director/Planning Director
Prepared by:
Julie Wyatt
Senior Planner
Staff Analysis
S19-0012/Denton Grove Apartments
City Council District #1
REQUEST:
A Specific Use Permit for 276 multi-family dwelling units on approximately 15.34 acres of land.
The request was received on June 14, 2019, after the adoption of the 2019 Denton Development
Code (DDC) and prior to the 2019 DDC’s effective date. The applicant was provided with the
option to choose either of the 2002 or 2019 DDCs, both of which require a Specific Use Permit
for multi-family residential dwellings. This application was submitted and reviewed under the
2002 DDC, per the applicant’s request .
The request was initially scheduled for a public hearing and consideration at the November 20,
2019 Planning and Zoning Commission meeting. Prior to the public hearing, an error in the mailing
list which resulted in unnoticed property owners was identified while calculating responses in
support and opposition to the request. Staff notified the Planning and Zoning Commission of the
error and the item was pulled off the agenda to allow staff time to re -notice all property owners
using an updated certified mailing list. Staff is working with DCAD to correct the identified issue
and update internal processes to ensure it does not occur again.
STAFF RECOMMENDATION:
The attached site plan, landscape plan, and sample building elevations provided in Exhibits 6-8
specify the following, which will be incorporated as requirements of the SUP ordinance. Staff shall
have the ability to approve a reduction in the lot coverage, an increase in the landscape area, and
a decrease in the number of dwelling units with associated parking by any amount. Staff shall have
the ability to approve increases up to, and including, 5% of any of the amounts specified in
requirements 2-4, provided all applicable requirements of the DDC are met. Increases greater than
5% will require a new application and approval by ordinance.
1. Nine (9), three-story and three (3) 2- and 3-story buildings, one community
center/leasing office, community pool and pavilion, playgrounds, and a dog park.
2. Two Hundred Seventy-Six (276) dwelling units are specified, with a density of 18
dwelling units per acre.
3. No fewer than five hundred and sixty-eight (568) parking spaces and two (2) bicycle
racks are required.
4. The site plan specifies a total of 61% lot coverage (410,754 square feet of impervious
surface) and 39% landscape area (257,485 square feet).
5. Open space areas provided throughout the site totals to 11.6% (77,472 square feet) and
include playgrounds and BBQ grill/picnic space.
6. The sample building elevations specify an earth-toned color palette with balconies or
patios in 100% of the dwelling units. Architectural details such as awnings, decorative
wall lighting, and a variety of recesses and projections provide changes in relief, and
the appearance of the stairwells is minimized from the exterior of the buildings. Final
building elevations should reflect these details and colors and be in compliance with
DDC 35.13.13.2.
Staff recommends approval of the SUP with the following co nditions:
1. An approved Alternative Development Plan is required for the proposed deviations
from Subsection 35.13.13.2.A of the 2002 DDC.
2. Landscaping in the attached landscape plan reflects an intent to comply with the DDC
requirements for parking, street trees, minimum landscape and canopy areas, and
compatibility buffers. Minor alterations to the depicted locations of individual
plantings may be approved by City staff, provided that the final landscaping, as planted,
complies with the attached site plan in terms of buffer and open space locations, as well
as all elements of the DDC.
3. Parking area light fixtures can be determined at building permit.
4. The zoning map shall reflect the Specific Use Permit on the property consistent with
the 2019 DDC.
5. Notwithstanding the limited administrative appro vals authorized in conditions 1, 2, and
3, the City reserves the right to require approval by ordinance of any amendments to
the SUP, the attached site plan, and the elements described in Section 3 below,
including t ho se referenced in conditions 1, 2, and 3.
SITE DATA:
The site is comprised of approximately 15.34 acres on two tracts of undeveloped land located at
the northwest corner of Loop 288 and Duchess Drive. E xisting developments abut the western
property line and are located within 150 feet of the northern property boundary. The remainder of
surrounding properties are mostly undeveloped.
The site has approximately 950 feet of frontage along Loop 288, a 6-lane divided primary arterial,
and approximately 780 feet of frontage along Duchess Drive, a 2-lane collector.
Pecan Creek is located to the south of the subject property, extending the FEMA Floodplain Zone
AE into the southwestern and southeastern corners of the property. A recent field assessment has
determined that the southeast corner of the property is Developed Floodplain.
SURROUNDING ZONING AND USES:
Northwest:
Zoning: NRMU-12 (R7)
Use: Multi-family
Apartments
North:
Zoning: CM-G (SC)
Use: Undeveloped land
Northeast:
Zoning: CM-G (SC)
Use: Loop 288, Undeveloped
land, Commercial
West:
Zoning: NRMU-12 (R7) and
CM-G (SC)
Use: Multi-family
Apartments and Professional
Services/Offices
SUBJECT PROPERTY
East:
Zoning: CM-G (SC)
Use: Loop 288, Undeveloped
land
Southwest:
Zoning: CM-G (SC)
Use: Duchess Drive,
undeveloped land
South:
Zoning: CM-G (SC)
Use: Duchess Drive,
Professional Services/Offices,
undeveloped land
Southeast:
Zoning: CM-G (PF)
Use: Loop 288, City-Owned
property (Pebblebrook Open
Space)
CONSIDERATIONS:
A. Section 35.6.4 of the DDC outlines the criteria for approval of a SUP. These criteria are as
follows:
1. That the use would be in conformance with all standards within the zoning district in which
the use is proposed to be located, and in conformance with The Denton Plan and federal,
state, or local law.
a. The attached Site Plan and Landscape Plan are in conformance with the Community
Mixed Use General (CM-G) zoning, parking, and landscaping requirements of the 2002
DDC and the Suburban Corridor (SC) zoning of the 2019 DDC.
Denton Development Code Requirements
2002 CM-G 2019 SC Proposed Requirement
met?
2002 2019
Maximum
coverage 80% (lot coverage) 80% (building
coverage) 61% lot coverage Y Y
Minimum
landscape
area
20% 20% 39% Y Y
Maximum
building
height
65 feet 55 feet 37 feet max Y Y
Maximum
density
(du/acre)
None None 18 Y Y
Minimum
unit size 500 square feet 400 square feet 700 square feet Y Y
Minimum
parking 568 spaces 568 spaces 568 spaces Y Y
Minimum
tree canopy 30% 30% 33% Y Y
Minimum
tree
preservation
Protected trees: if
removed, mitigated at
1:2 ratio
Quality trees: a
minimum of 25%
preservation. Up to
50% of the percentage
required to be
preserved may be
mitigated at a 1:1.5
ratio
Large Secondary: if
removed, mitigated at
a 1:1 ratio
Secondary: a
minimum of 12.5%
preservation. Up to
50% of the percentage
required to be
preserved may be
mitigated at a 1:0.75
ratio
Heritage and Quality
trees: minimum 30%
preservation of the
total dbh is required
Secondary trees:
generally, no
minimum preservation
unless the site does not
contain any Quality or
Heritage trees
Required Mitigation or
Replacement:
Heritage-2.5 inches for
every inch removed
Quality-2 inches for
every inch removed
Secondary-4 inches for
every tree removed
2002 DDC:
No Protected trees
onsite; Preserving
27% of Quality Trees;
No Large Secondary
Trees onsite;
Preserving 50% of
Secondary Trees
Y N
Street trees One tree every 45
linear feet (39 trees)
One tree every 30
linear feet
(56 trees would be
required)
39 trees are proposed Y N
The proposal meets the dimensional, parking, and landscaping requirements; however,
if the SUP is approved, the applicant will be requesting an Alternative Development
Plan (ADP) to deviate from the following 2002 DDC Subchapter 13 site design
requirements:
• A project greater than 3 acres must contain a public or private street system.
Private Streets shall be required to include sidewalks of at least 5 -feet, a 5-foot wide
planting area between the curb and the sidewalk, and street trees planted at a rate of
one for every 45 linear feet of frontage, but public street setbacks shall not apply
(Section 35.13.13.2.A.2).
• At least fifty (50) percent of the front yard frontage shall have buildings
within twenty (20) feet of the front property line or within thirty (30) feet of the curb
line of a private street. (Section 35.13.13.2.A.1.a)
The proposed ADP appears to meet the criteria for approval; however, the proposed
deviations must be approved by the Planning and Zoning Commission through the ADP
process. Both provisions of 2002 DDC did not carry over into the 2019 DDC. Staff
recommends adding a condition to the SUP requiring an approved ADP for this project.
b. Per the Denton Plan 2030 Future Land Use Map, the subject property has two
designation: Community Mixed Use and Moderate Residential.
Community Mixed Use is intended to promote a mix of uses, of which various
commercial uses remain predominant, but where residential, service, and other uses are
complimentary. This land use applies to existing and future commercial areas in the
city, where redevelopment to mixed-use is desirable. The intent is to encourage a more
diverse and attractive mix of uses over time. Future development in Community Mixed
Use areas will complement and embrace existing, viable uses, and ra ise the standard of
design to increase their economic viability, accommodate greater connectivity and
mobility options, and create a sense of place to serve the local community. Typical
types of development may include a supermarket, drug store, specialty shops, service
stations, midsize offices, employers, and high-to-moderate density housing. Diverse
uses shall be located in close proximity to one another so that all uses are accessible
from a single stop by walking or bicycling. Development should be accessible from
transit routes. The character of this area should be maintained by ensuring that new
development is sensitive to the surrounding built and natural context in scale and form
as described above.
Moderate Residential is primarily intended to promote single-family housing on small
lots, typical of Denton’s more compact, established single-family neighborhoods. The
density of Moderate Residential should range between four to twelve units per acre.
This designation typically applies to areas within the central areas of Denton as a
transition between established single-family neighborhoods and mixed-use or
commercial areas that can accommodate greater density.
Multi-family uses are consistent with the intent and goals of the Community Mixed
Use Future Land Use designation, as they provide the complementary residential
component often found in mixed-use districts. Furthermore, a residential use such as
multi-family dwellings could create a physical buffer between the moderate-density
multi-family development to the west and the future commercial development along
Loop 288, allowing development to gradually increase in use and intensity.
2. A SUP shall only be granted if all of the following conditions have been met:
a. That the specific use will be compatible with and not injurious to the use and
enjoyment of other property nor significantly diminish or impair property values
within the immediate vicinity.
b. That the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding vacant property.
c. That adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided.
d. The design, location and arrangement of all driveways and parking spaces provides
for the safe and convenient movement of vehicular and pedestrian traffic without
adversely affecting the general public or adjacent developments.
e. That adequate nuisance prevention measures have been or will be taken to prevent
or control offensive odor, fumes, dust, noise and vibration.
f. That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties.
g. That there is sufficient landscaping and screening to ensure harmony and
compatibility with adjacent property.
The subject site is immediately surrounded by vacant, undeveloped properties
within a predominantly commercial zoning district. The western property line is
adjacent to multi-family and office uses, and the southern property line abuts a
commercial bank. The proposed multi-family development is consistent with
existing surrounding uses and provides a buffer between moderate residential and
any future commercial developments within remaining undeveloped land within
the CM-G (SC) zoning districts. The multi-family use of the site also provides a
compatible transition to the adjacent parkland to the southeast, allowing for a mix
of uses that is consistent with both the CM-G District and the transitioned 2019
Suburban Corridor (SC) Zoning District.
The site, as shown in the attached Site Plan and approved within the
Transportation Impact Analysis, proposes two driveway entrances. The main
entrance will come off of Loop 288 and will allow for right-in/right-out vehicular
movement, as well as a northbound left turn into the driveway; a northbound left-
turn out of the driveway will not be allowed due to safety concerns. The second
driveway is located to the south off of Duchess Drive and is aligned with the
driveway opening for the adjacent bank. The second driveway will allow for an
east- and westbound exit out onto Duchess Drive, as well as a single right-in
entrance into the site off Duchess Drive. Pedestrian and vehicular traffic have
been designed within the site to provide safe, internal circulation; exiting
pedestrian traffic is safely connected and directed to offsite, adjacent sidewalks.
The proposed multi-family use is not likely to generate offensive odors, fumes,
dust, noise, or vibrations that would affect neighboring properties. Light and glare
are also not anticipated to have adverse effects on neighboring properties. The
applicant did not provide a photometric plan with this plan, however intends to
comply with all light and glare requirements of the 2002 DDC at building permit.
Staff recommends adding a condition to the SUP to ensure future compliance.
Tree preservation of protected trees on the site exceeds the requirements of the
2002 Code and no mitigation is required on the site. All preserved trees are shown
on the attached Landscape Plan. Overall, the site meets and exceeds landscape
and tree canopy coverage, parking lot landscaping, screening, buffering, and street
tree requirements of the 2002 DDC.
3. That adequate capacity of infrastructure can and will be provided to and through the
subject property.
The following is an impact analysis of infrastructure necessary to support the proposed
multi-family use indicated by the applicant.
Access and Perimeter Street Improvements
Loop 288 is TxDOT facility designated as a 6-lane divided primary arterial with 120-feet
of right -of-way and Duchess Drive is designated as a 2-lane collector with 65-feet of right-
of-way. The applicant will have to dedicate right -of-way along Duchess Drive to ensure
32.5 feet of right -of-way is available from the center line to the property line and provide
a 20-foot by 20-foot right-of-way dedication at the corner of Loop 288 and Duchess Drive.
The approved Traffic Impact Analysis recommends that eastbound left- and eastbound
right-turn lane markings be provided on Duchess Drive. A traffic signal at the intersection
of Loop 288 and Duchess Drive is warranted with this development; the cost will be
determined after completion of a proportionality assessment.
Pedestrian and Transit Facilities
There is an exist ing 8-foot sidewalk on Duchess Drive, west of the site, and a 4-foot
sidewalk on Loop 288, north of the site. The developer will be required to extend this
sidewalk along the property frontage. Internal pedestrian connectivity allows for adequate
circulation and safely directs pedestrians to offsite pedestrian facilities.
The site is also located within Denton County Transportation Authority’s transit service
area, with direct access to Denton Connect bus routes. The proposed main driveway is
located approximately 0.14 miles south of the nearest southbound transit stop on Denton
Connect Route 4 and the southeastern corner of the site is located approximately 0.25 miles
north of nearest northbound transit stop for Denton Connect Route 4. Most transit users a re
amenable to walking distances equal to or less than 0.25 miles to access transit.
Water and Wastewater
The following is a breakdown of the anticipated water demand for 276 Multifamily
Dwelling Units:
Maximum Demand gallons per day (gpd)
Current Use Current
Zoning
Proposed
gpd
Water Undeveloped CM-G
(SC)
124,200
Wastewater 117,990
A 20-inch water main line and 18-inch sewer line are located on the site within an existing
75-foot public utility easement . The site will not have access to the 20-inch water line for
service or fire protection, thus the public water line will be extended from an 8-inch water
line north of the site to the south along Loop 288 and to the 12-inch line off Duchess Drive.
Public wastewater may be accessed from the existing 18-inch line located on-site. Any
impact fees and credits will be based on the intensity of the use and are required to be paid
during permitting.
Parks
The southeast corner of the subject property is located approximately 130 feet northwest
fro m a proposed open space at the southeast corner of Loop 288 and Duchess Drive. This
distance does conform to the Park’s goal of a 10-Minute Walk to a Park. However, the
open space is currently undeveloped, although the land has already been acquired by the
City for future development. The applicant is proposing onside recreational amenities for
residents, including a pool, enclosed dog park, and open space/play areas.
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 1.242 acres.
Schools
Per the Denton Independent School District’s student generation formula, the proposal
would generate approximately 83 elementary students, 30 middle school students, and 44
high school students. The proposed development is located within the attendance zone of
Rivera Elementary, Myers Middle School, and Ryan High School. Rivera & Myers could
handle the added students as long as there is not much other residential growth within this
attendance zone. Ryan High School would struggle to handle the numbers in a couple of
years but DISD indicated they could probably make it work with no additional residential
growth in this attendance zone.
Nearest Fire Station
The subject property is approximately 0.5 miles from Fire Station #2 (3309 E. McKinney
Street), within the eight minute or less response time boundary.
4. That the Special Use is compatible with and will not have an adverse impact on the
surrounding area. When evaluating the effect of the proposed use on the surrounding area,
the following factors shall be considered in relation to the target use of the zone:
i. Similarity in scale, bulk, and coverage.
ii. Generation of traffic and effects on surrounding streets. Increases in
pedestrian, bicycle, and mass transit use are considered beneficial
regardless of capacity of facilities.
iii. Architectural compatibility with the impact area.
iv. Air quality, including generation of dust, odors, and other environmental
pollutants.
v. Generation of noise, light, and glare.
vi. The development of adjacent property as envisioned in the Denton Plan.
vii. Other factors found to be relevant to satisfy the requirements of this
Chapter.
Development scale and architectural compatibility
The proposed multi-family use is consistent the Future Land Use designation of
Community Mixed Use and Element 7 of the Denton Plan 2030. Element 7 outlines the
goals associated with housing policy within the City of Denton. In particular, the City has
adopted a goal to develop and maintain a housing stock that meets the needs of all residents
with a diverse array of choices in type, cost, and location. This includes meeting the needs
of affordable housing for low income and special needs populations throu gh continued
coordination with the Community Development Division in utilizing grants and tax
incentives to move developments along. This project achieves the goal and strategies
outlined in Element 7.2 of Denton Plan 2030.
However, the proposed use must be sensitive to the character of the surrounding area in
both scale and architectural compatibility. The proposed scale of development in terms of
lot coverage and building height are less than the maximum permitted in CM-G District.
The site plan indicat es a lot coverage of 61% (maximum of 80% is permitted). The sample
elevations show building heights under 37 feet. Maximum building height in CM-G is 65
feet. Additionally, the sample elevation represents an earth-tone color scheme and a
majority masonry e xterior finishes, compatible with the existing character of the
surrounding the property.
Generation of traffic
The applicant completed a Traffic Impact Analysis (TIA) pursuant to this Specific Use
Permit request. The TIA makes the following recommendation:
1. Lane markings be provided indicating separate eastbound left - and eastbound right-
turn lanes since the roadway on Duchess is wide enough Loop 288.
Per the approved TIA:
Land Use Size Weekday
Trips
AM/PM Peak
Existing Land Use Undeveloped
/ Walk-in
Bank
56 0/56
Proposed Multifamily 276 Units 2,046 125/146
Trip Generation Change Total +1,990 + 125/90
The proposed multi-family use is permitted by right with a Specific Use Perming in both
the Community Mixed Use General (CM-G) Zoning District and in the transitioned
Suburban Corridor (SC) Zoning District. Under the SC Zoning, commercial uses are
permitted by right without a Specific Use Permit and generate more trips than the proposed
multi-family use. While this development will create approximately 2,000 vehicular trips
to the area, the surrounding property has the potential to generate high traffic volumes upon
development.
To further address impacts from traffic to this area, a traffic signal warrant analysis was
also conducted as part of the TIA. It has been determined that a traffic signal is warranted
at the intersection of Loop 288 and Duchess Drive to ensure sufficient facilitation of traffic
through this intersection. The cost associated with this signal will be determined at platting
once a proportionality assessment is conducted.
Generation of dust, odors, and other environmental pollutants
Due to the residential nature of the proposed development, environmental impacts are not
expected.
B. While not required, neighborhood meetings are highly encouraged before scheduling a
Specific Use Permit request for Commission and Council Consideration. Prior to the
November 20, 2019 Planning and Zoning Commission meeting, staff encouraged the applicant
to hold a neighborhood meeting through regular meetings and email communications. The
applicant declined, and no neighborhood meeting s were held.
Due to the postponement of the meeting and public responses indicating opposition to the
request from the lack of neighborhood meetings, the applicant was again encouraged to host a
meeting. A neighborhood meeting was scheduled for December 3, 2019.
LOOP 288WAGONTRAIL
D
U
C
H
ESS
MCKINNEYCARDINAL
MOCKINGBIRDPUBLICALLEYBLUEBIRDLANEPRIVATES19-0012Site Location
0 250 500125
Feet
The C ity of Denton has prepared maps for departmental use. These are not official m aps of the City of D enton and should not be used for legal, engi neering or surveying purposes but rather for reference purposes. These maps are the property ofthe City of D enton and have been made avai lable to the public based on the Public Inform ation Act. The C ity of Denton makes every effort to produce and publish the most current and accurate i nformati on possible. No w arranties, expressed orimplied, are provided for the data herei n, its use, or its interpretation. U tilization of this map indicates understanding and acceptance of this statem ent.
SITE
Parce ls
Roa ds
µ
Date: 6/24/2019
In 200ft address spreadsheet include the acreage and percentage of each of the owners within the bufferMAKE SURE TO REMOVE THE SITE ADDRESSES/ACREAGE
CM-G
NRMU-12
NR-6
EC-I
EC-C
NRMU
NR-4
LOOP 288WAGONTRAIL
D
U
C
H
ESS
MCKINNEYCARDINAL
MOCKINGBIRDPUBLICALLEYBLUEBIRDLANEPRIVATES19-0012Zoning Map (2002)
0 250 500125
Feet
The C ity of Denton has prepared maps for departmental use. These are not official m aps of the City of D enton and should not be used for legal, engi neering or surveying purposes but rather for reference purposes. These maps are the property ofthe City of D enton and have been made avai lable to the public based on the Public Inform ation Act. The C ity of Denton makes every effort to produce and publish the most current and accurate i nformati on possible. No w arranties, expressed orimplied, are provided for the data herei n, its use, or its interpretation. U tilization of this map indicates understanding and acceptance of this statem ent.
SITE
Zoning Overlay
Parcels
Roads
CM-G
EC-C
EC-I
NR-4
NR-6
NRMU
NRMU-12
µ
Date: 6/24/2019
In 200ft address spreadsheet include the acreage and percentage of each of the owners within the bufferMAKE SURE TO REMOVE THE SITE ADDRESSES/ACREAGE
MCKINNEY
LOOP 288DUCHESS
HUMMINGBIRD
CARDINALTRAILHEADMOCKINGBIRDJOSHUABELLAIREWAGON TR AIL
MONTCLAIR
PUBLICALLEYLANEKIMBERLYBOB-O-LINK
SHADYO A K S MORSEBLUEBIRDPRIVATE
PF
R6
R7
LI
PD-R7
GO
SC
MN
R3
R4
S19-0012Current Zoning M ap
0 360 720180
Feet
The C ity of Denton has prepared maps for departmental use. These are not official m aps of the City of D enton and should not be used for legal, engi neering or surveying purposes but rather for reference purposes. These maps are the property ofthe City of D enton and have been made avai lable to the public based on the Public Inform ation Act. The C ity of Denton makes every effort to produce and publish the most current and accurate i nformati on possible. No w arranties, expressed orimplied, are provided for the data herei n, its use, or its interpretation. U tilization of this map indicates understanding and acceptance of this statem ent.
SITE
Parcels
Roads
µ
Date: 11/6/2019
In 200ft address spreadsheet include the acreage and percentage of each of the owners within the bufferMAKE SURE TO REMOVE THE SITE ADDRESSES/ACREAGE
Zoning Districts
RR - Residential Rural
R1 - Residential
R2 - Residential
R3 - Residential
R4 - Residential
R6 - Residential
R7 - Residential
MN - Mixed-Use Neighbo rh ood
MD - Mixed-Use Downto wn Co re
MR - Mixed-Use Regiona l
HC - Highway Commercial
SC - Suburba n Corrido r
GO - G eneral Office
LI - Light In dustrial
HI - Heavy Indu strial
PF - Pu blic Facilitie s
PD - Plan ned D eve lopment
MPC
OVERL AY
LowResidential
Parks/ Open Space
Business Innovation
CommunityMixedUse
Moderate Residential LOOP 288WAGONTRAIL
D U CHESS
MCKINNEYCARDINAL
MOCKINGBIRDPUBLICALLEYBLUEBIRDLANEPRIVATES19-0012Future Land Use Map
0 250 500125
Feet
The C ity of Denton has prepared maps for departmental use. These are not official m aps of the City of D enton and should not be used for legal, engi neering or surveying purposes but rather for reference purposes. These maps are the property ofthe City of D enton and have been made avai lable to the public based on the Public Inform ation Act. The C ity of Denton makes every effort to produce and publish the most current and accurate i nformati on possible. No w arranties, expressed orimplied, are provided for the data herei n, its use, or its interpretation. U tilization of this map indicates understanding and acceptance of this statem ent.
SITE
Parcels
Roads
Future Land Use
Low Residential
Moderate Residential
Community Mixed Use
Business Innovation
Government / Institutional
Parks / Open Space
µ
Date: 6/24/2019
In 200ft address spreadsheet include the acreage and percentage of each of the owners within the bufferMAKE SURE TO REMOVE THE SITE ADDRESSES/ACREAGE
LOT 1(INCLUDING R.OWDEDICATION)668,039 S.F.15.34 ACRESLOOP 288DUCHESS DRIVEPOOL15' LANDSCAPE SETBACK15' LANDSCAPE SETBACKOPEN SPACEOPEN SPACEOR OTHER UTILITY LOCATING SERVICES BEFORE YOU DIG1-800-245-4545 (TEXAS ONE), 1-800-669-8344 (LONESTAR NOTIFICATION)CALL 72 HOURS1-800-344-8377 (DIG-TESS)OPEN SPACEOPEN SPACEPROPOSED 20' UTILITY/ SIDEWALK EASEMENT PROPOSED 20' UTILITY/SIDEWALK EASEMENTPAVILIONPAVILLIONENCLOSEDDOG PARKPAVILIONPLAYGROUNDEXISTING BANK DRIVEWAY #2EXISTING BANK DRIVEWAY #1SITTING AREA WITHBBQ GRILLS (TYP.)UP
UNIT TYPE
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A2.1 UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1-HCUNIT TYPEA1UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1HCSUNIT TYPEA1UNIT TYPEA1UNIT TYPEA1-HCUNIT TYPEA1 UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1HCS UNIT TYPEB1UNIT TYPEB1-HCUNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1HCSUNIT TYPEB1UNIT TYPEB1-HCUNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1HCSUNIT TYPEB1UNIT TYPEB1-HCUNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1HCSUNIT TYPEC1UNIT TYPEC1-HCUNIT TYPEB1UNIT TYPEB1-HCUNIT TYPEB1UNIT TYPEB1UNIT TYPEC1UNIT TYPEC1HCSUNIT TYPEA1UNIT TYPEA1UNIT TYPEA1-HCUNIT TYPEA1UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1HCSUNIT TYPEC1UNIT TYPEC1-HCUNIT TYPEB1UNIT TYPEB1-HCUNIT TYPEB1UNIT TYPEB1UNIT TYPEC1UNIT TYPEC1HCSUNIT TYPEUNIT TYPEC1C1UNIT TYPEC1-HCB1-HCUNIT TYPEB1B1UNIT TYPEB1UNIT TYPEUNIT TYPEUNIT TYPEC1HCS8A12B8A12B8A12B12B12C24A12B12C12B12C24B24B24B24A24ATTTT TTLEGEND ZONING: NRMU-12ZONING: CM-GZONING: CM-GZONING: CM-GZONING: CM-GZONING: CM-G26' FIRE LANE
TTBPE NO. F-12452
civil engineering planning
420 Throckmorton, Ste 620 , Fort Worth, TX 76102
817-529-2700 evolvingtexas.com1Denton, TX 76209
Denton Grove
Loop 288 & Duchess Dr.SUP Site Plan
CDWCDWRR1VICINITY MAP1" = 1 MILE
LOT 1(INCLUDING R.OWDEDICATION)668,039 S.F.15.34 ACRESXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
DMHDMHDMHDMHDMHDMHDMHDIDIDIPPPPPPPPPPPPPPECOMHSMHSMHSMHSFHFHWVWVWVWVWVWVWVSS
SSMHMHMHMHMHMHLOOP 288DUCHESS DRIVEPOOL15' LANDSCAPE SETBACK15' LANDSCAPE SETBACK
OPEN SPACEOPEN SPACEOPEN SPACEOPEN SPACEPROPOSED 20' UTILITY/ SIDEWALK EASEMENT PROPOSED 20' UTILITY/SIDEWALK EASEMENTPAVILIONPAVILLIONUP
UNIT TYPE
B1-HC
UNIT TYPE
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UNIT TYPE
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BREEZEWAY
PATIO
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A2.1 UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1-HCUNIT TYPEA1UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1HCSUNIT TYPEA1UNIT TYPEA1UNIT TYPEA1-HCUNIT TYPEA1 UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1HCS
UNIT TYPEB1UNIT TYPEB1-HCUNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1HCSUNIT TYPEB1UNIT TYPEB1-HCUNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1HCSUNIT TYPEB1UNIT TYPEB1-HCUNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1HCSUNIT TYPEC1UNIT TYPEC1-HCUNIT TYPEB1UNIT TYPEB1-HCUNIT TYPEB1UNIT TYPEB1UNIT TYPEC1UNIT TYPEC1HCSUNIT TYPEA1UNIT TYPEA1UNIT TYPEA1-HCUNIT TYPEA1UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1HCSUNIT TYPEC1UNIT TYPEC1-HCUNIT TYPEB1UNIT TYPEB1-HCUNIT TYPEB1UNIT TYPEB1UNIT TYPEC1UNIT TYPEC1HCSUNIT TYPEUNIT TYPEC1C1UNIT TYPEC1-HCB1-HCUNIT TYPEB1B1UNIT TYPEB1UNIT TYPEUNIT TYPEUNIT TYPEC1HCS8A12B8A12B8A12B12B12C24A12B12C12B12C24B24B24B24A24ATTTT TTEEMHMH
MHMHPPPPPPPPPPPPPPDDDDDDPPPPPP26' FIRE LANE2.5' RIGHT-OF-WAYDEDICATION2.5'
RIGHT-OF-WAY
DEDICATION
7.5' RIGHT-OF-WAYDEDICATION8' DME ESMT.STREET TREES ALONGDUCHESS DRIVE (TYP.)75' UTILITY EASEMENTOVERHEAD POWER LINEPROPOSED SIDEWALKPROPOSED SIDEWALKPROPOSED SIDEWALKPROPOSED SIDEWALKZONED CM-GZONED CM-GZONED CM-GZONED NMRU-126' WROUGHT IRON FENCE(ROW SCREENING)STREET TREES ALONGLOOP 288 (TYP.)ISSUE / REVISION RECORD
xx-xx-xxG. I. Joseph Vaughn
480 Cloud View Ct
Prosper, TX 75078
t 972-827-5677
DENTON GROVE
NWC LOOP 288 & DUCHESS DRIVE
DENTON, TX
L1.0
SUP
LANDSCAPE
SHEET-CITY REQUIREMENTS PER 2002 UDC:SEE TREE PRESERVATION PLAN ON SEPARATE SHEETTREE PRESERVATION& MITIGATIONSTREET TREESPARKING AREALANDSCAPE1 TREES PER 45 LF OF FRONTAGELOOP 288: 917LF / 45 = 21DUCHESS: 779LF / 45 = 18TOTAL SF OF IMPERVIOUS PARKING AREASTOTAL SF OF PERVIOUS PARKING AREASAREA OF LANDSCAPE PARKING AREAS213,919SF X 0.07 = 14,974SF REQUIREDAREA OF PARKING LOT TREE CANOPY213,919SF X 0.15 = 32,088SF REQUIREDSF OF LOT EXCLUDING R.O.W., EASEMENTS, AND BUILDING FOOTPRINTSF OF LOT INCLUDING R.O.W., EASEMENTS, AND BUILDING FOOTPRINTSF OF LOT COVERED BY NEW TREE CANOPY444,320 X 0.30 = 133,297SF REQUIREDAREA OF LOT PROVIDED IN PERVIOUS AREA668,239 X 0.20 = 133,648SF REQUIREDLANDSCAPE AREAPROV.REQ.2114,974(7%)32,088(15%)31213,919029,839(14%)87,932(41.1%)2618133,297(30%)133,648(20%)444,320668,239147,752(33.3%)257,485(39%)TREESQTYCOMMON / BOTANICAL NAMECONTCALSIZECANOPY15Texas Redbud / Cercis canadensis texensis30 gal1"Cal5-6` H314 sf6Yaupon Holly / Ilex vomitoria25 gal1"Cal5-6` H79 sf18Nellie Stevens Holly / Ilex x `Nellie R Stevens`15 gal1"Cal5-6` H79 sf12Chinese Pistache / Pistacia chinensis30 gal2"Cal7-8` H1,256 sf2Mexican Plum / Prunus mexicana25 gal1"Cal5-6` H314 sf33Chinkapin Oak / Quercus muehlenbergii45 gal2"Cal8-10`H1,256 sf28Shumard Red Oak / Quercus shumardii45 gal2"Cal8-10`H1,256 sf28Southern Live Oak / Quercus virginiana45 gal2"Cal7-8` H1,256 sf16Eve`s Necklacepod / Sophora affinis30 gal2"Cal6-7`H314 sf17Cedar Elm / Ulmus crassifolia45 gal2"Cal8-10`H1,256 sf6Chaste Tree / Vitex agnus-castus30 gal1"Cal5-6` H79 sfSHRUBSQTYCOMMON / BOTANICAL NAMECONT57Glossy Abelia / Abelia x grandiflora `Kaleidoscope`3 gal8Compact Burning Bush / Euonymus alatus `Compactus`5 gal107Burford Holly / Ilex cornuta `Burfordii`5 gal10Green Cloud Texas Ranger / Leucophyllum frutescens `Green Cloud` TM5 gal205Seep Muhly / Muhlenbergia reverchoni `Autumn Embers`1 gal289Dwarf Wax Myrtle / Myrica cerifera `Pumila`5 gal122Hameln Dwarf Fountain Grass / Pennisetum alopecuroides `Hameln`1 gal103Indian Hawthorn / Rhaphiolepis indica `Clara`3 gal62Autumn Sage / Salvia greggii `Raspberry`3 galPLANT SCHEDULE*FINAL PLANTING PLAN SHALL COMPLY WITH CITY OF DENTON REGULATIONS FOR SIZE AND APPROVED TYPE. ALL SUBSTITUTIONSSHALL BE APPROVED BY THE LANDSCAPE ARCHITECT AND CITY LANDSCAPE ADMINISTRATOR PRIOR TO INSTALLATION01-09-20BUFFERCOMBINATION OF 6 EVERGREEN & DECIDUOUS TREES AND 25 SHRUBS PER 100LFWEST PL: 401LF / 100 = 24 TREES & 100 SHRUBS24 / 10024 / 100ALL MECHANICAL EQUIPMENT SHALL BESCREENED FROM PUBLIC VIEW W/EVERGREEN HEDGE ROW OR GROUPINGOF SCREENING SHRUBS AS SHOWN INTHIS TYPICAL SAMPLE. SHRUBS SHALLHAVE MATURE HEIGHT OF MIN. 4'TYPICAL MECHANICAL SCREENINGN.T.S.CITY OF DENTON PROJECT #S19-0012(2019 UDC REQUIREMENT)1 TREES PER 30 LF OF FRONTAGELOOP 288: 917LF / 30 = 31DUCHESS: 779LF / 30 = 26
ONLYFIRESPRINKLERFIRESPRINKLERFIRESPRINKLERUNIT TYPE
B1-HC
UNIT TYPE
B1
UNIT TYPE
A2.1
UNIT TYPE
A2.1
UNIT TYPE
B1
UNIT TYPE
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UNIT TYPE
A2.1
UNIT TYPE
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2
SD-104
OPEN SPACE
OPEN SPACE
LOOP 288DOG PARK BUILDING TYPE 8A12BBUILDING TYPE 8A12BBUILDING TYPE 8A12BPROPERTY LINEPROPERTY LINEDUCHESS DRIVE
PROJ. NO.
ISSUED:
BUILDING TYPE 8A12B FACING LOOP 288
10/01/2019
DENTON GROVE
APARTMENTS
SD-104
19081
BUILDING TYPE 8A12B FACING
LOOP 288
NOT FOR CONSTRUCTION
1 BUILDING TYPE 8A-12B - FIRST FLOOR PLAN
1/8" = 1'-0" BUILDINGS 2
2 BUILDING TYPE 8A12B - FRONT ELEVATION
1/8" = 1'-0" BUILDINGS 2
3 ENLARGED SITE PLAN
1" = 50'-0"
BUILDING FACADE ANALYSIS
AREA %
WALL
WINDOWS &
DOORS
2,989 SF
992 SF
75%
25%
TOTAL 3,981 SF 100%
N
0 2'4'8'16'
1/8" = 1'-0"
2 BUILDING TYPE 24A - FRONT ELEVATION
1/8" = 1'-0" BUILDINGS 5,6 & 8
1 BUILDING TYPE 24A - REAR ELEVATION
1/8" = 1'-0"
PROJ. NO.
ISSUED:
BUILDING TYPE 24A - EXTERIOR ELEVATIONS
10/01/2019
DENTON GROVE
APARTMENTS
SD-201
19081
BUILDING TYPE 24A - EXTERIOR
ELEVATIONS
NOT FOR CONSTRUCTION
3 BUILDING TYPE 24A - LEFT ELEVATION
1/8" = 1'-0"
4 BUILDING TYPE 24A - RIGHT ELEVATION
1/8" = 1'-0"
0 2'4'8'16'
3 BUILDING TYPE 8A12B - REAR ELEVATION
1/8" = 1'-0"
1 BUILDING TYPE 8A12B - FRONT ELEVATION
1/8" = 1'-0" BUILDINGS 2
PROJ. NO.
ISSUED:
BUILDING TYPE 8A12B - EXTERIOR ELEVATIONS
10/01/2019
DENTON GROVE
APARTMENTS
SD-202
19081
BUILDING TYPE 8A12B - EXTERIOR
ELEVATIONS
NOT FOR CONSTRUCTION
2 BUILDING TYPE 8A12B - LEFT ELEVATION
1/8" = 1'-0"
4 BUILDING TYPE 8A12B - RIGHT ELEVATION
1/8" = 1'-0"
0 2'4'8'16'
1 BUILDING TYPE 24B - REAR ELEVATION
1/8" = 1'-0"
2 BUILDING TYPE 24B - FRONT ELEVATION
1/8" = 1'-0" BUILDINGS 3, 7 & 9
PROJ. NO.
ISSUED:
BUILDING TYPE 24B - EXTERIOR ELEVATIONS
10/01/2019
DENTON GROVE
APARTMENTS
SD-203
19081
BUILDING TYPE 24B - EXTERIOR
ELEVATIONS
NOT FOR CONSTRUCTION
3 BUILDING TYPE 24B - RIGHT ELEVATION
1/8" = 1'-0"
4 BUILDING TYPE 24B - RIGHT ELEVATION
1/8" = 1'-0"
0 2'4'8'16'
PROJ. NO.
ISSUED:
BUILDING TYPE 12B12C - EXTERIOR ELEVATIONS
10/01/2019
DENTON GROVE
APARTMENTS
SD-204
19081
BUILDING TYPE 12B12C - EXTERIOR
ELEVATIONS
NOT FOR CONSTRUCTION
1 BUILDING TYPE 12B12C - FRONT ELEVATION
1/8" = 1'-0"
2 BUILDING TYPE 12B12C - REAR ELEVATION
1/8" = 1'-0"
3 BUILDING TYPE 12B12C - LEFT ELEVATION
1/8" = 1'-0"
4 BUILDING TYPE 12B12C - RIGHT ELEVATION
1/8" = 1'-0"
TEXAS SECRETARY of STATERUTH R. HUGHSBUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITYFiling Number:801766457 Entity Type:Foreign Limited Liability Company (LLC) Original Date of Filing:April 11, 2013 Entity Status:In existence Formation Date:N/A Tax ID:32050690620 FEIN:351772133 Name:Pedcor Investments, A Limited Liability Company Address:770 3rd Ave, S.W.Carmel, IN 46032 USA Fictitious Name:N/A Jurisdiction:WY, USA Foreign Formation Date:June 21, 1989 REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ASSOCIATED ENTITIES Last Update Name Title AddressDecember 9, 2018 BRUCE A CORDINGLEY MEMBER 5323 N MERIDIAN STREETINDIANAPOLIS, IN 46208 USA December 9, 2018 GERALD K PEDIGO TRUST MEMBER 770 3RD AVENUE SOUTHWESTCARMEL, IN 46032 USA December 9, 2018 PHILLIP J STOFFREGEN MEMBER 212 E 71ST STREETINDIANAPOLIS, IN 46220 USA OrderReturn to SearchInstructions: To place an order for additional information about a filing press the 'Order' button.Page 1 of 1BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY11/14/2019https://direct.sos.state.tx.us/corp_inquiry/corp_inquiry-entity.asp?spage=mgmt&:Spagefrom=&:Sfiling_number=801766457&:...
D U C HESSPRIVATEMCKINNEY
LOOP 288S19-0012Notification Response Map
0 150 30075
Feet
The C ity of Denton has prepared maps for departmental use. These are not official m aps of the City of D enton and should not be used for legal, engi neering or surveying purposes but rather for reference purposes. These maps are the property ofthe City of D enton and have been made avai lable to the public based on the Public Inform ation Act. The C ity of Denton makes every effort to produce and publish the most current and accurate i nformati on possible. No w arranties, expressed orimplied, are provided for the data herei n, its use, or its interpretation. U tilization of this map indicates understanding and acceptance of this statem ent.
SITE
Parcels
Roads
µ
200ft Buffer
500ft Buffer
Date: 11/20/2019
In Favor
Neutral
Opposed In 200ft address spreadsheet include the acreage and percentage of each of the owners within the bufferMAKE SURE TO REMOVE THE SITE ADDRESSES/ACREAGE
R35509R530077
R236737
R232514R683488R117881 R117882
R722062
R117882 R201072
R622521
1
Maldonado, Karina
From:Margie Ellis <margie.realestate@yahoo.com>
Sent:Wednesday, November 20, 2019 10:22 AM
To:Maldonado, Karina
Cc:Cannone, Richard D.
Subject:Denton Grove Apartments
Hi Karina...
I wanted to make sure that you got a copy of a text message that Chair Rozell sent to me. He will not be in attendance
at today’s meeting. So that is why he forwarded message to me. Have you talked to this person who sent the message?
Also I believe we should have this comment available to the other commissioners at today’s meeting. Thank you and I
will see you later on today.
Text Message as follows:
“Andrew, it’s Bill Patterson. Left you a vm earlier about The Grove complex that is planned on Duchess and 288. I’m
involved in property development in that area with Kent Key, Tony Clark and John Rainey. Together we own about 30%.
We have concerns about lack of communication from property owners about uses, no neighborhood meetings and ask
that you table it at P&Z tomorrow until more communication can be held. You can text back or call me @ 940‐368‐7979
in morning if you want to discuss.“
Margie Ellis
Real Estate Professional
Berkshire Hathaway HomeServices
940‐453‐5257
margie.realestate@yahoo.com
BHHSWorldwideREALTORS.com
i !' • • . • • '
i
WHEREAS, Pedcor Investments-2019-CLXXIII, L.P. ("Applicant") is proposing the new
canstructian of multi-family affardable rental housing develapment to be located at approximately
200 S Loop 288, the northwest corner af Laap 288 and Duchess Drive, in Denton, Dentan County,
Texas named the Dentan Grove Apartments (the "Project"); and
WHEREAS, the Applicant has advised the City that it intends ta submit an applicatian ta
the Texas Department of Housing and Community Affairs ("TDHCA") for 2019 ar 2020 Housing
Tax Credits funds ta provide equity financing for the Praject (the 66Application"); and
WHEREAS, the City Council of the City af Dentan, wishes to evidence no abjection for
this praposed Project in the City of Dentan and to facilitate the possible award af Housing Tax
Credits ta the Project; NOW, THEREFORE,
11:[i)i1.11'LK J _ • * • • . : : : • ,;#
1`I f .. That as provided for in 10 Texas Administrative Code §11.3(e) and
11.4(c)(1) of the Qualified Allocation Plan, it is hereby acknawledged that the proposed Project
is located in a census tract that has more than 20% Hausing Tax Credit Units per tatal hausehalds;
and
SECTION 2. That the gaverning body affirms that the propased Praject is consistent with
the jurisdiction's obligation to affirmatively further fair housing pursuant to 10 Texas
Administrative Code § 11.3 (e) and § 11.4(c)(1) of the Qualified Allocation Plan; and
SECTION 3. That in accordance with the requirements af Texas Government Code
2306.67071 and Texas Administrative Cade § 11.204(4), it is hereby faund that:
1. Notice has been pravided ta the Gaverning Body in accordance with Texas
Gavernment Code, §2306.67071(a); and
2. The Gaverning Bady has had sufficient appartunity to obtain a respanse from the
Applicant regarding any questions or concerns abaut the praposed Applicatian; and
3. The Gaverning Bady has held a hearing at which public comment may be made an
the praposed Application in accardance with Texas Government Code, §2306.67071(b);
and
4. After due cansideration of the information provided by the Applicant and public
comment, the Governing Body does not object to the proposed Application; and
SECTION 4. The City Council hereby approves and authorizes the execution on behalf of
the City of all other documents and writings whatsoever that may be necessary or convenient, in
the reasonable opinion of either the City Manager or the City Attorney, for carrying out this
resolution.
SECTION 5. The City Manager is hereby authorized, empowered, and directed to certify
this resolution to the TDHCA, and, that this resolution shall be effective as of their date of passage
by City Council.
1' li 1r t v 1 t t r r r t 3, l' . ... , "" a c a c:
v .I ':r u,c .. r c a ., l , ^-.:_ ...___ ,.....,,
ee...__., ' I
w,
r Ci.a nrrr v , .. _
Chris Watts, Mayor:
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:
Abstain Absent
PASSED AND APPROVED this the ," '' da of u, P ` 2019
C 1 WATTS MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
e.
BY: . ,. , , , w ,
w
APPROVED
AARON :,
TO LEGAL FORM:
CITY ..1„I,m r'
Da
S19-0012e
Denton Grove
Apartments
1
February 11, 2020
City Council
1
Request & Site Data
1.S19-0012 request for a Specific Use Permit to
allow multi-family dwellings.
•The approximately 15.34-acre subject property is located at
the northwestern corner of Duchess Drive and Loop 288.
•Submitted prior to October 1st and reviewed under the 2002
DDC
•City Council approved Resolution No. 19-1693 providing “no
objection” to the application for affordable and market rate
housing.
2/04/2020 File ID: S19-0012e 2
2/04/2020 File ID: S19-0012e 3
Recommendation
On February 4, 2020, the City Council held a public hearing for the proposal and voted to postpone. The following is a
list of the additional conditions which have been included in the attached draft ordinance:
1.Traffic Signal. Four hundred thousand dollars ($400,000) must be deposited with the City prior to recording of
the. Final Plat for the design and construction of a traffic signal with a pedestrian crossing at the corner of
Duchess Drive and South Loop 288. The $400,000 fund may be entitled to reimbursement of the pro rata cost.
The reimbursement amount will be credited toward the development of Pebblebrook Open Space. The terms of
the pro rata agreement must be approved by the City Council prior to beginning construction of the traffic signal.
2.Tree Preservation. A minimum of thirty percent (30%) of the total dbh of Heritage and Quality trees onsite must
be preserved in accordance with 2019 DDC Section 7.7.4.
3.Vehicular Access. A north access point must be added to the site plan, connecting the multi-family development
with East McKinney Street through a cross access easement. The developer must submit evidence of a recorded
easement prior to issuance building permit.
4.Income Averaging. Income averaging is required for the life of the affordability period as set forth in Exhibit “C.”
5.Sidewalk Extension. An offsite sidewalk must be constructed concurrent to other required public improvements
along the South Loop 288 frontage, extending from the subject property’s north boundary, across the adjacent
property, and connecting to the existing sidewalk.
2/04/2020 File ID: S19-0012e 4
Recommendation
The Planning and Zoning Commission recommended denial (4-3). In order for the Specific Use Permit
to become effective, three-fourths of members of the City Council qualified to vote must vote to
approve the request in accordance with 2002 DDC Section 35.3.4.C.4.b.
Staff recommended approval of the SUP with the following conditions:
1.An approved Alternative Development Plan is required for the proposed deviations from
Subsection 35.13.13.2.A of the 2002 DDC.
2.Landscaping in the attached landscape plan reflects an intent to comply with the DDC
requirements for parking, street trees, minimum landscape and canopy areas, and compatibility
buffers. Minor alterations to the depicted locations of individual plantings may be approved by City
staff, provided that the final landscaping, as planted, complies with the attached site plan in terms
of buffer and open space locations, as well as all elements of the DDC.
2/04/2020 File ID: S19-0012e 5
Recommendation
3.Parking area light fixtures can be determined at building permit.
4.The zoning map shall reflect the Specific Use Permit on the property consistent with the 2019
DDC.
5.Notwithstanding the limited administrative approvals authorized in conditions 1, 2, and 3, the City
reserves the right to require approval by ordinance of any amendments to the SUP, the attached
site plan, and the elements described in Section 3 below, including those referenced in conditions
1, 2, and 3.
2/04/2020 File ID: S19-0012e 6
Recommendation
The attached site plan, landscape plan, and sample building elevations provided in Exhibits 6-8 specify
the following, which will be incorporated as requirements of the SUP ordinance. Staff shall have the
ability to approve a reduction in the lot coverage, an increase in the landscape area, and a decrease in
the number of dwelling units with associated parking by any amount. Staff shall have the ability to
approve increases up to, and including, 5% of any of the amounts specified in requirements 2-4,
provided all applicable requirements of the DDC are met. Increases greater than 5% will require a
new application and approval by ordinance.
1.Nine (9), three-story and three (3) 2-and 3-story buildings, one community center/leasing office,
community pool and pavilion, playgrounds, and a dog park.
2.Two Hundred Seventy-Six (276) dwelling units are specified, with a density of 18 dwelling units
per acre.
3.No fewer than five hundred and sixty-eight (568) parking spaces and two (2) bicycle racks are
required.
2/04/2020 File ID: S19-0012e 7
Recommendation
4.The site plan specifies a total of 61% lot coverage (410,754 square feet of impervious surface)
and 39% landscape area (257,485 square feet).
5.Open space areas provided throughout the site totals to 11.6% (77,472 square feet) and include
playgrounds and BBQ grill/picnic space.
6.The sample building elevations specify an earth -toned color palette with balconies or patios in
100% of the dwelling units. Architectural details such as awnings, decorative wall lighting, and a
variety of recesses and projections provide changes in relief, and the appearance of the stairwells
is minimized from the exterior of the buildings. Final building elevations should reflect these
details and colors and be in compliance with DDC 35.13.13.2.
2002 Zoning Map
2/04/2020 8
2019 Zoning Map
EC-I
CM-GNRMU-12
File ID: S19-0012e
SUP Criteria for Approval, Section 35.6.4
File ID: S19-0012e2/04/2020 9
1.That the use would be in conformance with all standards within the zoning district.
2.A Specific Use Permit shall be issued only if all of the following conditions have been met:
a.Compatible with and not injurious to the use and enjoyment of other property nor
significantly diminish or impair property values within the immediate vicinity;
b.Will not impede the normal and orderly development and improvement of
surrounding vacant property;
c.That adequate utilities and access roads;
d.Driveways and parking spaces provides for the safe and convenient movement of
vehicular and pedestrian traffic without adversely affecting the general public or
adjacent developments;
e.Adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise and vibration;
f.Directional lighting will not disturb or adversely affect neighboring properties; and
g.Sufficient landscaping and screening to ensure harmony and compatibility with
adjacent property.
SUP Criteria for Approval, Section 35.6.4
File ID: S19-0012e2/04/2020 10
3.That adequate capacity of infrastructure can and will be provided to and through the
subject property.
4.That the Special Use is compatible with and will not have an adverse impact on the
surrounding area. When evaluating the effect of the proposed use on the surrounding
area, the following factors shall be considered in relation to the target use of the zone:
a.Similarity in scale, bulk, and coverage.
b.Generation of traffic and effects on surrounding streets. Increases in pedestrian,
bicycle, and mass transit use are considered beneficial regardless of capacity of
facilities.
c.Architectural compatibility with the impact area.
d.Air quality, including the generation of dust, odors, or other environmental pollutants.
e.Generation of noise, light, and glare.
f.The development of adjacent properties as envisioned in The Denton Plan.
Zoning
2002 -Community Mixed-Use General (CM-G)
✓Meets all dimensional, parking and landscape
requirements
✓Requires Alternative Development Plan for site
design deviations to Section 35.13.13.2.A:
•Private street system with sidewalks,
landscaping
•50% of frontage must have buildings within 20
ft of property line
2019 -Suburban Corridor (SC)
✓Meets all requirements, except tree preservation
and street trees. Meets street tree requirements.
2/04/2020 11File ID: S19-0012e
Denton Development Code Requirements
2002 CM-G 2019 SC Proposed Requirement met?
2002 2019
Max
Coverage 80% (lot coverage)80% (building coverage)61% lot coverage Y Y
Min.
Landscape
Area
20%20%39%Y Y
Max Building
Height 65 feet 55 feet 37 feet max Y Y
Max Density
(du/acre)None None 18 Y Y
Min Unit Size 500 square feet 400 square feet 700 square feet Y Y
Min Parking 568 spaces 568 spaces 568 spaces Y Y
Min Tree
Canopy 30%30%33%Y Y
Tree
Preservation
Protected trees: if removed,
mitigated at 1:2 ratio
Quality trees: a minimum of
25% preservation. Up to 50%
of the percentage required to
be preserved may be
mitigated at a 1:1.5 ratio
Large Secondary: if removed,
mitigated at a 1:1 ratio
Secondary: a minimum of
12.5% preservation. Up to
50% of the percentage
required to be preserved may
be mitigated at a 1:0.75 ratio
Heritage and Quality
trees: minimum 30%
preservation of the total
dbh is required
Secondary trees:
generally, no minimum
preservation unless the
site does not contain any
Quality or Heritage trees
Required Mitigation or
Replacement: Heritage-
2.5 inches for every inch
removed
Quality-2 inches for
every inch removed
Secondary-4 inches for
every tree removed
2000 DDC:
No Protected trees
onsite; Preserving 27%
of Quality Trees; No
Large Secondary Trees
onsite; Preserving 50%
of Secondary Trees
Y N
Street trees One tree every 45 linear feet
(39 trees)
One tree every 30 linear
feet
(56 trees would be
required)
39 trees are proposed Y N*
Denton Plan 2030
✓Future Land Use: Community Mixed
Use
•Intended to promote a mix of uses where
commercial uses are predominate, but
complementary residential uses are appropriate
•Encourage diverse uses located within proximity to
each other to increase economic viability, create a
sense of place, and encourage mobility options
•Multi-family development is consistent with FLUM
•Complementary residential use
•Provides physical buffer
•Allows development to gradually increase in
intensity
2/04/2020 12File ID: S19-0012e
Compatibility with
Surrounding Uses
2/04/2020 File ID: S19-0012e 13
✓Provides compatible transition between moderate
residential and future and existing commercial
development
✓Use not likely to generate offensive odor, fumes,
dust, noise and vibration; lighting will meet all
requirements of DDC; and
Undeveloped
(Commercial)
Multi-family
Undeveloped
(Commercial)
Bank Park/Open
Space
Commercial/
RetailModerate
Residential
Infrastructure -Transportation
2/04/2020 File ID: S19-0012e 14
Trip Generation & Analysis
✓ITE Trip Generation Manual –10th Edition: 276 dwelling units
•2,046 trips during a 24-hour weekday
•Morning peak hour -125 trips / evening peak hour: 146 trips.
TIA Recommendations:
1.Lane markings be provided indicating separate eastbound left-and eastbound right-turn lanes since the
roadway on Duchess is wide enough at Loop 288.
2.Traffic signal is warranted at intersection of Loop 288 and Duchess Drive. Cost associated will be determined
at platting once a proportionality assessment is conducted.
Infrastructure -Transportation
2/04/2020 File ID: S19-0012e 15
Access and Perimeter Street Improvements
✓Driveway 1 off Loop 288
•right-in/right-out & northbound left-in
✓Driveway 2 off Duchess Drive
•Right-in/right-out & eastbound left-out
Pedestrian and Transit Facilities
✓Off-site sidewalks are located near adjacent properties
✓Extend 8-ft sidewalk from west on Duchess Drive
✓Extend 5-ft sidewalk from north to south along Loop 288.
Applicant is proposing a 12-ft sidewalk along Loop 288.
✓DCTA Denton Connect Route 4
✓Southbound stop located less than ¼ mile from north
✓Northbound stop located just over ¼ mile from south
4
4
Infrastructure -Utilities
2/04/2020 File ID: S19-0012e 16
Water
A 20-inch main line runs through the site. Water will not be
allowed to tap existing line.
✓Extend 8-inch line from the north along Loop 288
✓Extend 12-inch line from Duchess Drive
Wastewater
A 18-inch main line runs through the site and is accessible for
use.
Impact fees and credits are required at permitting.
Infrastructure -Other
2/04/2020 File ID: S19-0012e 17
Parks
✓Site is approximately 130 feet from City-acquired Open Space, currently undeveloped.
✓Park dedication and development fees required for residential development.
✓Onsite recreational amenities for residents: Pool, enclosed dog park, and open space/play areas.
Schools
•Site generates approximately 34 elementary students, 14 middle school students, and 17 high
school students.
•Rivera Elementary, Myers Middle School, and Ryan High School.
Fire Station
•Site is approximately 0.5 miles from Fire Station #2 (3309 E. McKinney Street), within the eight
minute or less response time boundary.
Proposed Site Plan
File ID: S19-0012e2/04/2020 18
•12 residential buildings
•276 dwelling units
•568 parking spaces
•Bicycle parking
•2 access points
•Perimeter fencing
•Active recreation: pool,
playgrounds
•Passive recreation: enclosed
dog park, open space, grills
with seating
Proposed
Landscape
Plan
File ID: S19-0012e2/04/2020 19
•Street trees conform to 2019
standards
•Internal landscape islands
•Buffer adjacent to
commercial
S19-0012 Sample Building Elevations
File ID: S19-0012e2/04/2020 20
Front Elevation -Facing Loop 288
Front Elevation -Facing Duchess Drive
Notification S19-0012
•Newspaper Ad: January 18, 2020
•Property Posted: November 8, 2019
•Mailed Notices: November 1, 2019
•200 ft. Public Notices: 9
•500 ft. Courtesy Notices: 15
•Responses to 200’ Legal Notice:
In Opposition: 2 (29.24%)
In Favor: 2 (16.32%)
Neutral: 0
•Neighborhood Meeting was held
2/04/2020 File ID: S19-0012e 21
Exhibit A
Legal Description
Situated in the County of Denton, State of Texas, being a part of the M. Yoachum Survey,
Abstract No. 1442, and the Mary L. Austin Survey, Abstract No. 4, and being a part of the same
tract of land described as 16.1690 acres conveyed by K-7 Enterprises LP to Dennis J. Koop by
deed recorded in Document No. 2018-56562 Official Public Records, Denton County, Texas,
and being more particularly described by metes and bounds as follows:
Beginning at a found 1/2" steel rod being the Northeast corner of said 16.1690 acre tract
in the West Right -of-Way line of Loop 288;
Thence South 00°55'11" West, with said West Right -of-Way line a distance of 916.75
feet to a set 1/2" steel rod set at the intersection of the North Right -of-Way line of Duchess Drive
and said West Right -of-Way of Loop 288;
Thence with the North Right -of-way line of said Duchess Drive the following calls and
distances:
North 89°00'15" West, a distance of 389.28 feet to a found 1/2" steel rod;
Along a tangent curve to the left having a radius of 330.00 feet, (chord bears South
77°11'32" West, a distance of 157.47 feet) an arc length of 159.00 feet to a found 1/2" steel rod;
South 63°23'19" West, a distance of 105.14 feet to a found 1/2" steel rod;
Along a non-tangent curve to the right having a radius of 270.00 feet, (chord bears South
76°37'56" West, a distance of 124.02 feet) an arc length of 125.14 feet to a found 1/2" steel rod
in the West line of the said 16.1690 acre tract;
Thence North 00°39'16" East, a distance of 401.64 feet to a found 1/2" steel rod
maintaining the most Westerly Northwest corner of said 16.1690 acre tract in the North line of
the said Austin Survey and the South line of the said Yoachum Survey;
Thence North 89°11'07" East, with said Survey line a distance of 65.49 feet to a found
1/2" steel rod maintaining an inside "L" corner to the said 16.1690 acre tract;
Thence North 01°22'37" East a distance of 628.79 feet to a found 1/2" steel rod
maintaining the most Northerly Northwest corner of said 16.1690 acre tract;
Thence South 89°06'57" East, with the North line of said 16.1690 acre tract a distance of
687.05 feet to the Point -of-Beginning and containing 15.413 acres of land.
Page 2 of 4
Page 3 of 4
Exhibit B
Site Plan, Landscape Plan, Sample Elevations
LOT 1(INCLUDING R.OWDEDICATION)668,039 S.F.15.34 ACRESLOOP 288DUCHESS DRIVEPOOL15' LANDSCAPE SETBACK15' LANDSCAPE SETBACKOPEN SPACEOPEN SPACEOR OTHER UTILITY LOCATING SERVICES BEFORE YOU DIG1-800-245-4545 (TEXAS ONE), 1-800-669-8344 (LONESTAR NOTIFICATION)CALL 72 HOURS1-800-344-8377 (DIG-TESS)OPEN SPACEOPEN SPACEPROPOSED 20' UTILITY/ SIDEWALK EASEMENT PROPOSED 20' UTILITY/SIDEWALK EASEMENTPAVILIONPAVILLIONENCLOSEDDOG PARKPAVILIONPLAYGROUNDEXISTING BANK DRIVEWAY #2EXISTING BANK DRIVEWAY #1SITTING AREA WITHBBQ GRILLS (TYP.)UP
UNIT TYPE
B1-HC
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BREEZEWAY
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A2.1 UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1-HCUNIT TYPEA1UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1HCSUNIT TYPEA1UNIT TYPEA1UNIT TYPEA1-HCUNIT TYPEA1 UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1HCS UNIT TYPEB1UNIT TYPEB1-HCUNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1HCSUNIT TYPEB1UNIT TYPEB1-HCUNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1HCSUNIT TYPEB1UNIT TYPEB1-HCUNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1HCSUNIT TYPEC1UNIT TYPEC1-HCUNIT TYPEB1UNIT TYPEB1-HCUNIT TYPEB1UNIT TYPEB1UNIT TYPEC1UNIT TYPEC1HCSUNIT TYPEA1UNIT TYPEA1UNIT TYPEA1-HCUNIT TYPEA1UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1HCSUNIT TYPEC1UNIT TYPEC1-HCUNIT TYPEB1UNIT TYPEB1-HCUNIT TYPEB1UNIT TYPEB1UNIT TYPEC1UNIT TYPEC1HCSUNIT TYPEUNIT TYPEC1C1UNIT TYPEC1-HCB1-HCUNIT TYPEB1B1UNIT TYPEB1UNIT TYPEUNIT TYPEUNIT TYPEC1HCS8A12B8A12B8A12B12B12C24A12B12C12B12C24B24B24B24A24ATTTT TTLEGEND ZONING: NRMU-12ZONING: CM-GZONING: CM-GZONING: CM-GZONING: CM-GZONING: CM-G26' FIRE LANE
TTBPE NO. F-12452
civil engineering planning
420 Throckmorton, Ste 620 , Fort Worth, TX 76102
817-529-2700 evolvingtexas.com1Denton, TX 76209
Denton Grove
Loop 288 & Duchess Dr.SUP Site Plan
CDWCDWRR1VICINITY MAP1" = 1 MILE
LOT 1(INCLUDING R.OWDEDICATION)668,039 S.F.15.34 ACRESXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
DMHDMHDMHDMHDMHDMHDMHDIDIDIPPPPPPPPPPPPPPECOMHSMHSMHSMHSFHFHWVWVWVWVWVWVWVSS
SSMHMHMHMHMHMHLOOP 288DUCHESS DRIVEPOOL15' LANDSCAPE SETBACK15' LANDSCAPE SETBACK
OPEN SPACEOPEN SPACEOPEN SPACEOPEN SPACEPROPOSED 20' UTILITY/ SIDEWALK EASEMENT PROPOSED 20' UTILITY/SIDEWALK EASEMENTPAVILIONPAVILLIONUP
UNIT TYPE
B1-HC
UNIT TYPE
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BREEZEWAY
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A2.1 UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1-HCUNIT TYPEA1UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1HCSUNIT TYPEA1UNIT TYPEA1UNIT TYPEA1-HCUNIT TYPEA1 UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1HCS
UNIT TYPEB1UNIT TYPEB1-HCUNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1HCSUNIT TYPEB1UNIT TYPEB1-HCUNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1HCSUNIT TYPEB1UNIT TYPEB1-HCUNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1UNIT TYPEB1HCSUNIT TYPEC1UNIT TYPEC1-HCUNIT TYPEB1UNIT TYPEB1-HCUNIT TYPEB1UNIT TYPEB1UNIT TYPEC1UNIT TYPEC1HCSUNIT TYPEA1UNIT TYPEA1UNIT TYPEA1-HCUNIT TYPEA1UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1UNIT TYPEA1HCSUNIT TYPEC1UNIT TYPEC1-HCUNIT TYPEB1UNIT TYPEB1-HCUNIT TYPEB1UNIT TYPEB1UNIT TYPEC1UNIT TYPEC1HCSUNIT TYPEUNIT TYPEC1C1UNIT TYPEC1-HCB1-HCUNIT TYPEB1B1UNIT TYPEB1UNIT TYPEUNIT TYPEUNIT TYPEC1HCS8A12B8A12B8A12B12B12C24A12B12C12B12C24B24B24B24A24ATTTT TTEEMHMH
MHMHPPPPPPPPPPPPPPDDDDDDPPPPPP26' FIRE LANE2.5' RIGHT-OF-WAYDEDICATION2.5'
RIGHT-OF-WAY
DEDICATION
7.5' RIGHT-OF-WAYDEDICATION8' DME ESMT.STREET TREES ALONGDUCHESS DRIVE (TYP.)75' UTILITY EASEMENTOVERHEAD POWER LINEPROPOSED SIDEWALKPROPOSED SIDEWALKPROPOSED SIDEWALKPROPOSED SIDEWALKZONED CM-GZONED CM-GZONED CM-GZONED NMRU-126' WROUGHT IRON FENCE(ROW SCREENING)STREET TREES ALONGLOOP 288 (TYP.)ISSUE / REVISION RECORD
xx-xx-xxG. I. Joseph Vaughn
480 Cloud View Ct
Prosper, TX 75078
t 972-827-5677
DENTON GROVE
NWC LOOP 288 & DUCHESS DRIVE
DENTON, TX
L1.0
SUP
LANDSCAPE
SHEET-CITY REQUIREMENTS PER 2002 UDC:SEE TREE PRESERVATION PLAN ON SEPARATE SHEETTREE PRESERVATION& MITIGATIONSTREET TREESPARKING AREALANDSCAPE1 TREES PER 45 LF OF FRONTAGELOOP 288: 917LF / 45 = 21DUCHESS: 779LF / 45 = 18TOTAL SF OF IMPERVIOUS PARKING AREASTOTAL SF OF PERVIOUS PARKING AREASAREA OF LANDSCAPE PARKING AREAS213,919SF X 0.07 = 14,974SF REQUIREDAREA OF PARKING LOT TREE CANOPY213,919SF X 0.15 = 32,088SF REQUIREDSF OF LOT EXCLUDING R.O.W., EASEMENTS, AND BUILDING FOOTPRINTSF OF LOT INCLUDING R.O.W., EASEMENTS, AND BUILDING FOOTPRINTSF OF LOT COVERED BY NEW TREE CANOPY444,320 X 0.30 = 133,297SF REQUIREDAREA OF LOT PROVIDED IN PERVIOUS AREA668,239 X 0.20 = 133,648SF REQUIREDLANDSCAPE AREAPROV.REQ.2114,974(7%)32,088(15%)31213,919029,839(14%)87,932(41.1%)2618133,297(30%)133,648(20%)444,320668,239147,752(33.3%)257,485(39%)TREESQTYCOMMON / BOTANICAL NAMECONTCALSIZECANOPY15Texas Redbud / Cercis canadensis texensis30 gal1"Cal5-6` H314 sf6Yaupon Holly / Ilex vomitoria25 gal1"Cal5-6` H79 sf18Nellie Stevens Holly / Ilex x `Nellie R Stevens`15 gal1"Cal5-6` H79 sf12Chinese Pistache / Pistacia chinensis30 gal2"Cal7-8` H1,256 sf2Mexican Plum / Prunus mexicana25 gal1"Cal5-6` H314 sf33Chinkapin Oak / Quercus muehlenbergii45 gal2"Cal8-10`H1,256 sf28Shumard Red Oak / Quercus shumardii45 gal2"Cal8-10`H1,256 sf28Southern Live Oak / Quercus virginiana45 gal2"Cal7-8` H1,256 sf16Eve`s Necklacepod / Sophora affinis30 gal2"Cal6-7`H314 sf17Cedar Elm / Ulmus crassifolia45 gal2"Cal8-10`H1,256 sf6Chaste Tree / Vitex agnus-castus30 gal1"Cal5-6` H79 sfSHRUBSQTYCOMMON / BOTANICAL NAMECONT57Glossy Abelia / Abelia x grandiflora `Kaleidoscope`3 gal8Compact Burning Bush / Euonymus alatus `Compactus`5 gal107Burford Holly / Ilex cornuta `Burfordii`5 gal10Green Cloud Texas Ranger / Leucophyllum frutescens `Green Cloud` TM5 gal205Seep Muhly / Muhlenbergia reverchoni `Autumn Embers`1 gal289Dwarf Wax Myrtle / Myrica cerifera `Pumila`5 gal122Hameln Dwarf Fountain Grass / Pennisetum alopecuroides `Hameln`1 gal103Indian Hawthorn / Rhaphiolepis indica `Clara`3 gal62Autumn Sage / Salvia greggii `Raspberry`3 galPLANT SCHEDULE*FINAL PLANTING PLAN SHALL COMPLY WITH CITY OF DENTON REGULATIONS FOR SIZE AND APPROVED TYPE. ALL SUBSTITUTIONSSHALL BE APPROVED BY THE LANDSCAPE ARCHITECT AND CITY LANDSCAPE ADMINISTRATOR PRIOR TO INSTALLATION01-09-20BUFFERCOMBINATION OF 6 EVERGREEN & DECIDUOUS TREES AND 25 SHRUBS PER 100LFWEST PL: 401LF / 100 = 24 TREES & 100 SHRUBS24 / 10024 / 100ALL MECHANICAL EQUIPMENT SHALL BESCREENED FROM PUBLIC VIEW W/EVERGREEN HEDGE ROW OR GROUPINGOF SCREENING SHRUBS AS SHOWN INTHIS TYPICAL SAMPLE. SHRUBS SHALLHAVE MATURE HEIGHT OF MIN. 4'TYPICAL MECHANICAL SCREENINGN.T.S.CITY OF DENTON PROJECT #S19-0012(2019 UDC REQUIREMENT)1 TREES PER 30 LF OF FRONTAGELOOP 288: 917LF / 30 = 31DUCHESS: 779LF / 30 = 26
ONLYFIRESPRINKLERFIRESPRINKLERFIRESPRINKLERUNIT TYPE
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2
SD-104
OPEN SPACE
OPEN SPACE
LOOP 288DOG PARK BUILDING TYPE 8A12BBUILDING TYPE 8A12BBUILDING TYPE 8A12BPROPERTY LINEPROPERTY LINEDUCHESS DRIVE
PROJ. NO.
ISSUED:
BUILDING TYPE 8A12B FACING LOOP 288
10/01/2019
DENTON GROVE
APARTMENTS
SD-104
19081
BUILDING TYPE 8A12B FACING
LOOP 288
NOT FOR CONSTRUCTION
1 BUILDING TYPE 8A-12B - FIRST FLOOR PLAN
1/8" = 1'-0" BUILDINGS 2
2 BUILDING TYPE 8A12B - FRONT ELEVATION
1/8" = 1'-0" BUILDINGS 2
3 ENLARGED SITE PLAN
1" = 50'-0"
BUILDING FACADE ANALYSIS
AREA %
WALL
WINDOWS &
DOORS
2,989 SF
992 SF
75%
25%
TOTAL 3,981 SF 100%
N
0 2'4'8'16'
1/8" = 1'-0"
2 BUILDING TYPE 24A - FRONT ELEVATION
1/8" = 1'-0" BUILDINGS 5,6 & 8
1 BUILDING TYPE 24A - REAR ELEVATION
1/8" = 1'-0"
PROJ. NO.
ISSUED:
BUILDING TYPE 24A - EXTERIOR ELEVATIONS
10/01/2019
DENTON GROVE
APARTMENTS
SD-201
19081
BUILDING TYPE 24A - EXTERIOR
ELEVATIONS
NOT FOR CONSTRUCTION
3 BUILDING TYPE 24A - LEFT ELEVATION
1/8" = 1'-0"
4 BUILDING TYPE 24A - RIGHT ELEVATION
1/8" = 1'-0"
0 2'4'8'16'
3 BUILDING TYPE 8A12B - REAR ELEVATION
1/8" = 1'-0"
1 BUILDING TYPE 8A12B - FRONT ELEVATION
1/8" = 1'-0" BUILDINGS 2
PROJ. NO.
ISSUED:
BUILDING TYPE 8A12B - EXTERIOR ELEVATIONS
10/01/2019
DENTON GROVE
APARTMENTS
SD-202
19081
BUILDING TYPE 8A12B - EXTERIOR
ELEVATIONS
NOT FOR CONSTRUCTION
2 BUILDING TYPE 8A12B - LEFT ELEVATION
1/8" = 1'-0"
4 BUILDING TYPE 8A12B - RIGHT ELEVATION
1/8" = 1'-0"
0 2'4'8'16'
1 BUILDING TYPE 24B - REAR ELEVATION
1/8" = 1'-0"
2 BUILDING TYPE 24B - FRONT ELEVATION
1/8" = 1'-0" BUILDINGS 3, 7 & 9
PROJ. NO.
ISSUED:
BUILDING TYPE 24B - EXTERIOR ELEVATIONS
10/01/2019
DENTON GROVE
APARTMENTS
SD-203
19081
BUILDING TYPE 24B - EXTERIOR
ELEVATIONS
NOT FOR CONSTRUCTION
3 BUILDING TYPE 24B - RIGHT ELEVATION
1/8" = 1'-0"
4 BUILDING TYPE 24B - RIGHT ELEVATION
1/8" = 1'-0"
0 2'4'8'16'
PROJ. NO.
ISSUED:
BUILDING TYPE 12B12C - EXTERIOR ELEVATIONS
10/01/2019
DENTON GROVE
APARTMENTS
SD-204
19081
BUILDING TYPE 12B12C - EXTERIOR
ELEVATIONS
NOT FOR CONSTRUCTION
1 BUILDING TYPE 12B12C - FRONT ELEVATION
1/8" = 1'-0"
2 BUILDING TYPE 12B12C - REAR ELEVATION
1/8" = 1'-0"
3 BUILDING TYPE 12B12C - LEFT ELEVATION
1/8" = 1'-0"
4 BUILDING TYPE 12B12C - RIGHT ELEVATION
1/8" = 1'-0"
Page 4 of 4
Exhibit C
Set-Aside or “Income Averaging” Requirements
DENTON GROVE APARTMENTS
(S19-0012)
1. At least ____ % of the units must be for households with incomes at or below
________________ of area median income (AMI)
2. At least ____ % of the units must be for households with incomes at or below
________________ of area median income (AMI)
3. At least ____ % of the units must be for households with incomes at or below
________________ of area median income (AMI)
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-169,Version:1
AGENDA CAPTION
Consider approval of a resolution of the City of Denton amending the acceptance of Sponsorships and
Donations Policy; providing a repealer; and declaring an effective date.
City of Denton Printed on 2/7/2020Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Parks and Recreation
ACM: Sara Hensley, Assistant City Manager
DATE: February 11, 2020
SUBJECT
Consider approval of a resolution of the City of Denton amending the acceptance of Sponsorships and
Donations Policy; providing a repealer; and declaring an effective date.
BACKGROUND
On June 3, 2019, City Council approved to proceed forward with the proposed Acceptance of Sponsorships
and Donations Policy. This policy defines the type of donations and sponsorships the City can receive and
the benefits that can be given in return. The Sponsorships and Donations Policy, resolution no. 19-1336
was adopted on June 18, 2019.
During that time, the Parks and Recreation Department (PARD) was still in the process of amending the
Naming Policy Guidelines for City Buildings, Facilities, Land, or any Portion Thereof. On November 5,
2019, during the public hearing for the Naming Policy Guidelines, City Council directed PARD staff to
exclude the sponsorship naming rights portion of the naming policy and include it in the Sponsorships and
Donations Policy.
On January 7, 2020 staff placed proposed amendments to the Sponsorship and Donations policy on
Individual Consideration. City Council postponed voting on this item and gave direction to update the
language that references “sponsor naming” as well as the addition of some clarifications.
With the direction of City Council, PARD staff amended the resolution to the Sponsorship and Donations
Policy. Exhibit 3 outlines a redline version of the Sponsorship and Donations Policy and Exhibit 4 is the
clean version without markups. Exhibit 5 is the amended resolution for City Council to review for approval
of this policy.
OPTIONS
Recommend approval of the amended changes to this policy or recommend with edits.
RECOMMENDATION
Staff recommends approval of the amended changes to this policy.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On April 1, 2019, The Parks, Recreation and Beautification Board has recommended approval with a (7-0)
vote.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
On June 3, 2019, City Council approved to proceed forward with the proposed Acceptance of Sponsorships
and Donations Policy.
On June 18, 2019, the Sponsorships and Donations Policy was adopted, resolution no. 19-1336.
On November 5, 2019, a public hearing was held to gather input regarding the proposed amendments to the
Naming Policy Guidelines for City Buildings, Facilities, Land, or any Portion Thereof. City Council
directed PARD staff to exclude the sponsorship naming rights portion of the naming policy and include it
in the Sponsorships and Donations Policy.
On January 6, 2020, The Parks, Recreation and Beautification Board reviewed the amended changes to the
Sponsorships and Donations Policy and gave their recommendation and feedback.
On January 7, 2020, City Council reviewed the amended changes to the Sponsorship and Donations Policy
and gave staff feedback and direction to update the Policy. These changes are highlighted in Exhibit 3.
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Resolution 19-1336
Exhibit 3 Sponsorship and Donation Policy (Red Line)
Exhibit 4 Sponsorship and Donation Policy (Clean)
Exhibit 5 Resolution
Exhibit 6 Presentation
Respectfully submitted:
Gary Packan
Director, Parks and Recreation
Prepared by:
Heather Gray
Business Manager, Parks and Recreation
RESOLUTION NO. 19-133(
A RESOLUTION OF THE CITY OF DENTON, TEXAS ESTABLISHING AN ACCEPTANCE
OF SPONSORSHIPS AND DONATIONS POLICY; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the City of Denton desires to adopt an Acceptance of Sponsorships and
Donations Policy; and
WHEREAS, the policy will establish structure and consistency, and citywide guidelines
for the solicitation, administration, and acceptance of sponsorships and donations received by the
City; and
WHEREAS, the City Council deems it in the public's best interest to adopt the policy;
NOW, THEREFORE,
THE COUNCTL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The Acceptance of Sponsorships and Donations Policy, which is attached
hereto, and made a part hereof, is hereby adopted as an official policy of the City of Denton,
SECTION 2. The attached policy shall be iiled in the official records with the City
Secretary.
SECTION 3. This Resolution shall become effective immediately upon its passage and
approval.
The motion to approve this Resolution was made by . .,„ w w m " , _
and seconded b
w Y e mwmw „
w'
mm m•
This Resolution was passed and
tX a,bW rr:;ci ;wr tl a r i; vc t. . - ...rw
Chris Watts, Mayor;
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse L. Davis, District 3:
John Ryan, District 4;
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Abstain Absent
PASSED AND APPROVED this the ,, day of °,, ______ , 2019.
ATTEST:
ROSA RIOS, CITY SECRETARY
BYe _...._:- .w '....m:. ,.. . . m .... .... ......
APPROVED AS TO LEGAL FORM:
AARON [..,:1 .r 1., CITY ATTOI 1 i'
iS w"v"°"`" MAYOR
m,r
fd I C 1[F
mmB lll.. .IIII
I. PURPOSE
CITY OF DENTON
Acceptance of Sponsorships and Donations Policy
The purpose of the policy is to provide guidelines for the solicitation, administration, and acceptance
of sponsorships and donations received by the City of Denton.
II. POLICY
It is the policy of the Denton City Council that sponsorship and donation opportunities exist to enhance
the mission of the City and generate revenue to subsidize costs associated with programs, events, or
assets, and are pursued in accordance with the guidelines set forth by the City Council. The City
reserves the right to accept or reject a sponsorship or donation at any time.
This policy does not cover sponsorships and donations related to naming rights. For naming rights, see
City of Denton Policy R2012-007.
III. AUTHORITY AND APPROVAL DELEGATIONS
In the event of conflict between this policy and other City policies, this policy will prevail pending proper
approvals. Denton City Council, at its discretion, may grant variances to this policy.
Upon the City's acceptance of a sponsorship and donation, a sponsorship or donation agreement shall
be between the City of Denton and the donor or sponsor.
Authorized City Staff has the authority to create, solicit, and distribute sponsorship and donation
opportunities, receive and assess sponsorship and donation agreements, and accept and deposit funds
in accordance with this policy. City Staff will comply and adhere to City polices, seek consultation with
appropriate other City staff (e.g. City Legal, Finance Department) as needed. City staff will obtain a
copy of the sponsor's current insurance certificate with the City added as a rider, permits and a signed
indemnification agreement, when applicable, and shall maintain a log of sponsorships and donations,
including the name of each sponsor or donor, amount or a description of the item given, and any other
relevant information necessary to effectuate an accepted sponsorship or donation. The Department
Director or designee will oversee the purpose and application of this policy.
The following general principles shall apply for approvals:
Only City staff authorized by this policy may accept donations or sponsorship.
The City has no obligation to accept any donation or approve a sponsorship.
All donations and sponsorships must be in the public's best interest, support the City's mission,
and reflect the City's public image in a positive manner.
All donations and sponsorships must be in compliance with applicable state and federal law, City
policies, ordinances, and resolutions.
The City does not provide legal, accounting, tax or other such advice. Each donor or sponsor is
ultimately responsible for ensuring the proposed donation meets and furthers their financial, and
estate planning goals. As such, each donor and sponsor is encouraged to meet with a professional
advisor before making any donation to the City.
All donations must be used for official City business, and not for political activities or other
personal business.
The City does not, under any circumstances, endorse, validate, or certify the products, services,
or ideas of any sponsor or donor, regardless of the level of sponsorship given to the City.
A donor or sponsor may restrict a donation for a particular City department, location or purpose,
but may not designate a certain City official who may use the donation orsponsorship.
1 . • . ;
Authorized City Staff Approve sponsorships and donations up to $5,000
City Manager or Designee Cpy Councp approvapis not otherwise eq00e
u.p
tomm$
49,999 provided
m.____.... __ _ __ ____..._._
City Council
Approve all sponsorships and donations equal to or greater than
50,000.
Authorized City staff, City Some agreements and public recognition display approval may require
Manager, City Council ' a combination of approvals in accordance with this policy.
greements, but cann tlppeak ondbehalf of, or n gotliate on behalf of
Third Party Individuals
and/or Organizations
the City of Denton.
SOLICITATION OF SPONSORSHIPS AND/OR DONATIONS WORK FLOW
Authorized staff submit solicitation plan and list of potential sponsors/donors
for approval by next level supervisor
Staff solicit sponsorships/donations in accordance with this policy
Staff accept and report sponsorships/donations in accordance with this policy
Authorized staff submit solicitation plan, agreement draft, and list of potential
sponsors/donors for approval by City Manager or designee.
Staff solicit sponsorships/donations in accordance with this policy
Staff accept and report sponsorship/donations in accordance with this policy
Authorized staff or Director submit solicitation plan and list of potential
donors/sponsors to Purchasing for Request for Proposals (RFP)
Soliciation is done through the RFP process
Results of the RFP are taken to City Council for review and approval
If an unsolicited sponsorship or donation is offered to the City over $5,000, it must be accompanied
with an agreement and City Manager or designee's approval. If an unsolicited sponsorship or donation
is offered to the City over $50,000, it will require City Council's approval.
No City employee shall directly or indirectly solicit, seek, or accept anything of value in return for being
influenced in the performance of an official act; influenced to commit, aid in committing, collude or
allow fraud; or induced to perform or fail to perform an act in violation of the employee's official duty
or the City's Employee Ethics Policy (10.00). In order to eliminate risk to City employees and to manage
any possible conflicts regarding solicitations of donations and offers to sponsor made to the City, no
City employee shall engage in any solicitation of donations or enter into an agreement on behalf of
the City unless expressly authorized by a City official or by the employee's Department Director or
Director's designee, or unless authorized under this policy.
IV. DEFINITION OF TERMS
A written contractual arrangement with the City which details an
exchange of a cash or in-kind contribution and the benefits provided in
Agreement return. Agreements can originate in-house by Authorized City Staff and
approvals may vary in accordance with this policy. An agreement is
required for contributions valued over $5,000.
amenit e.s pa ks...p.laygrounds ............................... .. ......_...
Asset g y p p y ch as facilities, equipment, furniture,
public open spaces, and/or trails, etc.
Authorized City Staff A City employee authorized by their supervisor, manager, or director,
Exists when an individual, organization, and/or business is reflected in
Conflict of Interest a negative manner which is contrary to department's mission,
competes with on-going programs, events, or partnerships, or
negatively compromises the integrity of the City's public image.
m........m.. .................................... m. __.._..__............. ..m.m..m..m.... .,._m..m..m.
A cash or in-kind contribution by an individual, organization, and/or
Donation business without restrictions or with restrictions specified by a donor
or outlined in an agreement, when applicable.
Memorial An asset or monument which honors a life or an event.
Public Recognition or A benefit that can only be leveraged by Authorized City Staff and/or
Display City Council in accordance with this policy.
e,., ,, .,, ._. ._.,,,,,,,,,m __ ___________________________.__ ---
Radio Subscription An entertainment system used in City facilities that sounds like a
Services commercial radio station with DJ's, music, and commercials.
A cash or in-.. ,,,,,,,.. ....... kind contribution by an individual, organization, and/or
business
Sponsorship in exchange for recognition in the form of publicity, promotional
consideration, and/or merchandising. Sponsorships should not be
confused with advertising. Advertising is a benefit that can be
leveraged.
Partnerships, contracts, and/or organizations hat o erate in su t p pport
Third Party Individuals of City programs, events, and/or assets. Authorized approvals are
and/or Organizations required in accordance with this policy by Authorized City Staff, the City
Manager, and/or City Council.
V. SPONSORSHIPS
A monetary payment on behalf of an individual, organization, and/or business that provides cash in
support of a City asset, event, or program in exchange for recognition in the form of publicity,
promotional consideration, and/or merchandising.
IN-KIND SPONSORSHIP
A contribution of goods and/or services on behalf of an individual, organization, and/or business in
support of a City asset, event, or program in exchange for recognition in the form of publicity,
promotional consideration, and/or merchandising.
SPONSORSHIP BENEFITS
Benefits are offered in the form of public recognition and/or merchandising and are subject to change.
They must be agreed upon in advance and be included in the written sponsorship agreement, when
applicable. Benefits vary based on the asset, event, and/or program, size and scope of sponsorship,
and range of financial resources.
The extent of recognition and promotional opportunities will depend on the level and nature of each
individual sponsorship. Opportunities across a range of online and offline media platforms may
include, but are not limited to:
Appropriate mention on social media platform(s)
Appropriate mention on posters, digital flyers, and press releases
Appropriate mention on promotional merchandise, apparel, or uniform
SPONSORSHIP GUIDELINES
Sponsorships are voluntary and will be considered on an individual, case-by-case basis and assessed
for potential conflict of interest and alignment with the City's mission and values. Examples of
sponsorships that are typically ineligible for sponsorship include, but are not limited to individuals,
organizations, and/or businesses who promote hatred against individuals or groups, represent
religious or political views, candidates, and campaigns, and whose primary products or services are
derived from the sale of tobacco, alcohol, drugs, firearms, gambling, or sexually explicit or
inappropriate materials.
The City does not endorse the products, services, or ideas of any sponsor, regardless of level.
Sponsorship agreements shall not limit the City's ability to seek other sponsorships and sponsors
cannot commit the City to any financial or operational obligation beyond the terms of an agreement.
Sponsors are required to be forthcoming and advise the City if a sponsorship is concurrent with a
planning, permit, or procurement application or if the donor is in litigation against the City. Failure to
disclose this information may result in ineligibility to enter into a City contract or other arrangement
for goods, services, or real property, for a period of one (1) year per City of Denton Code of
Ordinances, Chapter 2, Article XI.
VI. DONATIONS
CASH DONATION
A monetary donation on behalf of an individual, organization, and/or business in support of a City
asset, event, or program in exchange for public recognition or display.
IN-KIND DONATION
A donation of goods and/or services on behalf of an individual, organization, and/or business in
support of a City asset, event, or program in exchange for public recognition or display.
x7sZ I,i,[7 i;l i i;l
Benefits are offered in the form of public recognition acknowledgments or mentions. They must be
agreed upon in advance, and be included in a written agreement, when applicable.
Examples may include, but are not limited to:
Acknowledgement through social media or press release
Acknowledgment on a donor wall or plaque
Acknowledgement through installation of a memorial such as a bench, picket, or brick
DONATION GUIDELINES
Donations are voluntary and will be considered on an individual, case-by-case basis and assessed for
potential conflict of interest and alignment with the City's mission and values. The City will not accept
donations that are conditional upon endorsement or imply their products, services or ideas are
sanctioned by the City.
The City will not extend or offer accrued advantages in exchange for a donation. Donors are required
to be forthcoming and advise the City if a donation is concurrent with a planning, permit, or
procurement application or if the donor is in litigation against the City. Failure to disclose this
information may result in ineligibility to enter into a City contract or other arrangement for goods,
services, or real property, for a period of one (1) year per City of Denton Code of Ordinances, Chapter
2, Article XI.
Donations that are being accumulated for a major project or campaign will be held in an appropriate
City account or reserve until sufficient funds for the proposed project have been obtained.
Donations become the property of the City of Denton and subject to the laws, policies, and procedures
that govern the City.
The City will ensure public interest will remain protected and recognition display guidelines will be
assessed and updated in accordance with this policy. As such, authorized City staff will implement the
following guidelines:
i . • , ,
Anonymous Donations In all forms of recognition, the donor's wishes for anonymity
shall be respected.
Aesthetics, Safety, and Location Displays must not detract from the aesthetic quality or safety
of an asset, and/or the physical attributes of a location.
n....._ .,_.... ... ..... ...................................... .,m.... ._..
The City will evaluate each donation agreement in exchange
Agreements for recognition display on a case-by-case basis and will seek
City Manager and/or City Council approval as needed.
m ....................................................................................................................................... ..............
p..I..........1._...........................
m..m..m....
not be erceived as advert.isin........... orspaysustpg
commercializing the character of an asset or location and/or
Commercial Perception create a feeling of proprietary interest. Displays must not
advertise promotions, non-brand slogans, or perceived
endorsements.
The City will ensure displays are safe and durable, and meet
Quality Specifications City design or quality specifications, standards, policies, and
City Ordinances.
Maintenance The City is under no obligation to replace stolen, vandalized,
irreparably damaged, or destroyed donor displays.
Term Donor displays may not be in perpetuity. The duration may be
the asset's life span and is subject to replacement at any time.
ri . t ,„
Sponsorships or donations are required in full unless otherwise stated in a written agreement. Any
donation or sponsorship valued over $5,000 must be accompanied with a written agreement.
Upon acceptance of either a sponsorship or donation, City staff must document contribution details
in the appropriate software. Details will include:
Contact information of donor or sponsor (unless donor/sponsor wishes to remain
anonymous)
Value, allocation, and benefit received, if applicable
If in-kind, description of goods or services
Name of staff inember accepting donation or sponsorship
REPORTING
Departments collecting sponsorships and/or donations are required to meet the following reporting
guidelines at minimum on an annual basis:
Provide a listing of sponsors and/or donors solicited
Provide a listing of the amount of sponsorships and/or donations collected
Publish a listing of vendors that have made contributions, for example on a website or in a
report that is accessible to the public
DONATION AND SPONSORSHIP ALLOCATIONS
Payments will be deposited into designated City funds, unless otherwise reallocated by the City
Manager and/or City Council. Every year as part of the budget process, City Council will have the
authority to reallocate unrestricted donations.
VIII. TERMINATION OF AGREEMENTS
The City reserves the right to accept or reject a sponsorship or donation in accordance with this policy.
If the City elects to terminate an agreement, any funds, unused materials or services, or other in-kind
contribution received by the City prior to such termination, will be refunded or returned by the City,
unless such termination is due to a material breach of the agreement by the sponsor or donor, in
which case the City may retain all or a part of the compensation if the City determines that such is
necessary to compensate the City for any losses incurred by the City due to such material breach.
1
CITY OF DENTON
Acceptance of Sponsorships and Donations Policy
I. PURPOSE
The purpose of the policy is to provide guidelines for the solicitation, administration, and acceptance
of sponsorships and donations received by the City of Denton.
II. POLICY
It is the policy of the Denton City Council that sponsorship and donation opportunities exist to enhance the
mission of the City and generate revenue to subsidize costs associated with programs, events, or assets, and
are pursued in accordance with the guidelines set forth by the City Council. The City reserves the right to accept
or reject a sponsorship or donation at any time.
This policy does not cover sponsorships and donations related to naming rights. For naming rights, see City of
Denton Policy R2012-007.
III. AUTHORITY AND APPROVAL DELEGATIONS
In the event of conflict between this policy and other City policies, this policy will prevail pending proper
approvals. Denton City Council, at its discretion, may grant variances to this policy.
Upon the City’s acceptance of a sponsorship and donation, a sponsorship or donation agreement shall be
between the City of Denton and the donor or sponsor.
Authorized City Staff has the authority to create, solicit, and distribute sponsorship and donation opportunities,
receive and assess sponsorship and donation agreements, and accept and deposit funds in accordance with
this policy. Authorized City Staff will comply and adhere to City polices, seek consultation with appropriate
other City staff (e.g. City Legal, Finance Department) as needed. Authorized City Sstaff will obtain a copy of the
sponsor’s current insurance certificate with the City added as a rider, permits and a signed indemnification
agreement, when applicable, and shall maintain a log of sponsorships and donations, including the name of
each sponsor or donor, amount or a description of the item given, and any other relevant information
necessary to effectuate an accepted sponsorship or donation. The Department Director or designee will
oversee the purpose and application of this policy.
The following general principles shall apply for approvals:
• Only City staff authorized by this policy may accept donations or sponsorship.
• The City has no obligation to accept any donation or approve a sponsorship.
• All donations and sponsorships must be in the public’s best interest, support the City’s mission, and reflect
the City’s public image in a positive manner.
• All donations and sponsorships must be in compliance with applicable state and federal law, City policies,
ordinances, and resolutions.
2
• The City does not provide legal, accounting, tax or other such advice. Each donor or sponsor is ultimately
responsible for ensuring the proposed donation meets and furthers their financial, and estate planning
goals. As such, each donor and sponsor is encouraged to meet with a professional advisor before making
any donation to the City.
• All donations must be used for official City business, and not for political activities or other personal
business.
• The City does not, under any circumstances, endorse, validate, or certify the products, services, or ideas
of any sponsor or donor, regardless of the level of sponsorship given to the City.
• A donor or sponsor may restrict a donation for a particular City department, location or purpose, but may
not designate a certain City official who may use the donation or sponsorship.
APPROVAL DELEGATIONS RESPONSIBILITY
Authorized City Staff Approve sponsorships and donations up to $5,000
City Manager or Designee Approve sponsorships and donations $5,001 up to $49,999 provided City
Council approval is not otherwise required.
City Council Approve all sponsorships and donations equal to or greater than $50,000.
Authorized City Sstaff, City
Manager, City Council
Some agreements and public recognition display approval may require a
combination of approvals in accordance with this policy.
Third Party Individuals
and/or Organizations
May solicit sponsorships and donations as outlined in written agreements, but
cannot speak on behalf of, or negotiate on behalf of the City of Denton.
SOLICITATION OF SPONSORSHIPS AND/OR DONATIONS WORK FLOW
up to
$5,000
•Authorized staff submit solicitation plan and list of potential sponsors/donors
for approval by next level supervisor
•Staff solicit sponsorships/donations in accordance with this policy
•Staff accept and report sponsorships/donations in accordance with this policy
$5,001-
$49,999
•Authorized staff submit solicitation plan, agreement draft, and list of potential
sponsors/donors for approval by City Manager or designee.
•Staff solicit sponsorships/donations in accordance with this policy
•Staff accept and report sponsorship/donations in accordance with this policy
$50,000
and up
•Authorized staff or Director submit solicitation plan and list of potential
donors/sponsors to Purchasing for Request for Proposals (RFP)
•Soliciation is done through the RFP process
•Results of the RFP are taken to City Council for review and approval
3
If an unsolicited sponsorship or donation is offered to the City over $5,000, it must be accompanied with an
agreement and City Manager or designee’s approval. If an unsolicited sponsorship or donation is offered to
the City over $50,000, it will require City Council’s approval.
No City employee shall directly or indirectly solicit, seek, or accept anything of value in return for being
influenced in the performance of an official act; influenced to commit, aid in committing, collude or allow
fraud; or induced to perform or fail to perform an act in violation of the employee’s official duty or the City’s
Employee Ethics Policy (10.00). In order to eliminate risk to City employees and to manage any possible
conflicts regarding solicitations of donations and offers to sponsor made to the City, no City employee shall
engage in any solicitation of donations or enter into an agreement on behalf of the City unless expressly
authorized by a City official or by the employee’s Department Director or Director’s designee, or unless
authorized under this policy.
IV. DEFINITION OF TERMS
TERM MEANING
Administrative Building A City facility such as City Halls, Service Center, police and fire stations.
Agreement
A written contractual arrangement with the City which details an exchange of
a cash or in-kind contribution and the benefits provided in return. Agreements
can originate in-house by Authorized City Staff and approvals may vary in
accordance with this policy. An agreement is required for contributions valued
over $5,000.
Amenity
An item that enhances the user experience in a City facility or park, such as
shade structures, water fountains, benches, picnic tables, playgrounds,
equipment and/or furniture. [GHM1]
Asset A range of City property such as facilities, equipment, furniture, amenities,
parks, playgrounds, public open spaces, and/or trails, etc.
Authorized City Staff A City employee authorized by their supervisor, manager, or director.
Conflict of Interest
Exists when an individual, organization, and/or business is reflected in a
negative manner which is contrary to department’s mission, competes with
on-going programs, events, or partnerships, or negatively compromises the
integrity of the City’s public image.
Commemorative Name A name given to recognize an individual, organization or foundation who has
made a significant contribution on a local, state, national or world level.
Donation
A cash or in-kind contribution by an individual, organization, and/or business
without restrictions or with restrictions specified by a donor or outlined in an
agreement, when applicable.
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Memorial An asset or monument which honors a life or an event.
Public Recognition or
Display
A benefit that can only be leveraged by Authorized City Staff and/or City
Council in accordance with this policy.
Radio Subscription Services An entertainment system used in City facilities that sounds like a commercial
radio station with DJ's, music, and commercials.
Solicitation Plan A document that clearly outlines the sponsor/donor levels and the benefits
given in return for the sponsor/donor’s contribution.
Sponsorship
A cash or in-kind contribution by an individual, organization, and/or business
in exchange for recognition in the form of publicity, promotional
consideration, and/or merchandising. Sponsorships should not be confused
with advertising. Advertising is a benefit that can be leveraged.
Sponsor Naming[GHM2] A financial transaction whereby an individual, business, organization or
foundation purchases the right to name a City facility, amenity or feature.
Third Party Individuals
and/or Organizations
Partnerships, contracts, and/or organizations that operate in support of City
programs, events, and/or assets. Authorized approvals are required in
accordance with this policy by Authorized City Staff, the City Manager, and/or
City Council.
V. SPONSORSHIPS OPPORTUNITIES FOR CITY PROGRAMS AND EVENTS[GHM3]
CASH SPONSORSHIP
A monetary payment on behalf of an individual, organization, and/or business that provides cash in support
of a City asset, event, or program in exchange for recognition in the form of publicity, promotional
consideration, and/or merchandising.
IN-KIND SPONSORSHIP
A contribution of goods and/or services on behalf of an individual, organization, and/or business in support
of a City asset, event, or program in exchange for recognition in the form of publicity, promotional
consideration, and/or merchandising.
SPONSORSHIP BENEFITS
Benefits are offered in the form of public recognition and/or merchandising and are subject to change. They
must be agreed upon in advance and be included in the written sponsorship agreement, when applicable.
Benefits vary based on the asset, event, and/or program, size and scope of sponsorship, and range of financial
resources.
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The extent of recognition and promotional opportunities will depend on the level and nature of each
individual sponsorship. Opportunities across a range of online and offline media platforms may include, but
are not limited to:
• Appropriate mention on social media platform(s)
• Appropriate mention on posters, digital flyers, and press releases
• Appropriate mention on promotional merchandise, apparel, or uniform
SPONSORSHIP GUIDELINES
Sponsorships are voluntary and will be considered on an individual, case-by-case basis and assessed for
potential conflict of interest and alignment with the City’s mission and values. Examples of sponsorships that
are typically ineligible for sponsorship include, but are not limited to individuals, organizations, and/or
businesses who promote hatred against individuals or groups, represent religious or political views,
candidates, and campaigns, and whose primary products or services are derived from the sale of tobacco,
alcohol, drugs, firearms, gambling, or sexually explicit or inappropriate materials.
The City does not endorse the products, services, or ideas of any sponsor, regardless of level. Sponsorship
agreements shall not limit the City’s ability to seek other sponsorships and sponsors cannot commit the City
to any financial or operational obligation beyond the terms of any applicable agreement. Sponsors are
required to be forthcoming and advise the City if a sponsorship is concurrent with a planning, permit, or
procurement application or if the sponsordonor is in litigation against the City. Failure to disclose these issues
or other relevantis information may result in ineligibility to enter into a City contract or other arrangement
for goods, services, or real property, for a period of one (1) year per City of Denton Code of Ordinances,
Chapter 2, Article XI.
VI. DONATIONS
CASH DONATION
A monetary donation on behalf of an individual, organization, and/or business in support of a City asset, event,
or program in exchange for public recognition or display.
IN-KIND DONATION
A donation of goods and/or services on behalf of an individual, organization, and/or business in support of a
City asset, event, or program in exchange for public recognition or display.
DONATION BENEFITS
Benefits are offered in the form of public recognition acknowledgments or mentions. They must be agreed
upon in advance, and be included in a written agreement, when applicable.
Examples may include, but are not limited to:
• Acknowledgement through social media or press release
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• Acknowledgment on a donor wall or plaque
• Acknowledgement through installation of a memorial such as a bench, picket, or brick
DONATION GUIDELINES
Donations are voluntary and will be considered on an individual, case-by-case basis and assessed for potential
conflict of interest and alignment with the City’s mission and values. The City will not accept donations that
are conditional upon endorsement or imply their products, services or ideas are sanctioned by the City.
The City will not extend or offer accrued advantages in exchange for a donation. Donors are required to be
forthcoming and advise the City if a donation is concurrent with a planning, permit, or procurement
application or if the donor is in litigation against the City. Failure to disclose theseis issues or other relevant
information may result in ineligibility to enter into a City contract or other arrangement for goods, services,
or real property, for a period of one (1) year per City of Denton Code of Ordinances, Chapter 2, Article XI.
Donations that are being accumulated for a major project or campaign will be held in an appropriate
City account or reserve until sufficient funds for the proposed project have been obtained.
Donations become the property of the City of Denton and subject to the laws, policies, and procedures that
govern the City.
The City will ensure public interest will remain protected and recognition display guidelines will be assessed
and updated in accordance with this policy. As such, Aauthorized City Sstaff will implement the following
guidelines:
PUBLIC RECOGNITION DISPLAY GUIDELINES
Anonymous Donations In all forms of recognition, the donor's wishes for anonymity shall
be respected.
Aesthetics, Safety, and Location Displays must not detract from the aesthetic quality or safety of an
asset, and/or the physical attributes of a location.
Agreements
The City will evaluate each donation agreement in exchange
for recognition display on a case-by-case basis and will seek
City Manager and/or City Council approval as needed.
Commercial Perception
Displays must not be perceived as advertising or commercializing
the character of an asset or location and/or create a feeling of
proprietary interest. Displays must not advertise promotions, non-
brand slogans, or perceived endorsements. Sponsorship
opportunities will fit on one of several, pre-determined sizes of sign
per City specifications. Sizes of signs to be determined by staff and
to be appropriate to the size of the asset to be sponsored.[GHM4]
Quality Specifications
The City will ensure displays are safe and durable, and meet City
design or quality specifications, standards, policies, and City
Ordinances.
Maintenance The City is under no obligation to replace stolen, vandalized,
irreparably damaged, or destroyed donor displays.
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Term
Donor displays may not be in perpetuity. The duration may be the
asset’s life span or term as specified in an agreement, whichever
comes first. and is subject to replacement at any time.The display is
subject to replacement or removal if one of these conditions is met.
Displays may be repaired/refurbished in cases of damage, if City
funding is available.
VII. SPONSORSHIP OPPORTUNITIES FOR CITY FACILTIES AND AMENITIES, AND
FEATURES NAMING RIGHTS
Sponsorship opportunities naming rights are voluntary and will be considered on an individual, case-by-case
basis and assessed for potential conflict of interest and alignment with the City’s mission and values. Examples
of sponsor naming rights that are typically ineligible include, but are not limited to individuals, organizations,
and/or businesses who promote hatred against individuals or groups, represent religious or political views,
candidates, and campaigns, and whose primary products or services are derived from the sale of tobacco,
alcohol, drugs, firearms, gambling, or sexually explicit or inappropriate materials.
The City does not endorse the products, services, or ideas of any sponsor, regardless of level. Sponsorship
naming rights agreements shall not limit the City’s ability to seek other sponsorships naming rights and cannot
commit the City to any financial or operational obligation beyond the terms of any applicable agreement.
Sponsors are required to be forthcoming and advise the City if a sponsorship naming right proposal is
concurrent with a planning, permit, or procurement application or if the sponsordonor is in litigation against
the City. Failure to disclose these issuesis or other relevant information may result in ineligibility to enter into
a City contract or other arrangement for goods, services, or real property, for a period of one (1) year per City
of Denton Code of Ordinances, Chapter 2, Article XI.
A. Guidelines for Sponsorship Opportunities for City Facilities, and Amenities, and Features
Naming Rights
1. Sponsorship opportunities naming rights will not be availablesold for City administrative buildings
[GHM5]such as City Hall or the Service Center. However, rights opportunities may be availablesold
for specialized City facilities or amenities such as, but not limited to: parks, playgrounds,
spraygrounds, pavilions, shade structures, skate parks, dog parks, athletic complexes and/or
fields.
2. Sponsorship opportunities naming rights will not be availablesold for existing City facilities or
amenities that already have a commemorative name.
3. Sponsorship opportunities naming rights for a project can be accepted at any point before,
during, or after construction.
4. Once accepted by the City, all funds contributed to naming a City facility or amenity will be
nonrefundable.
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5. When naming rights are solda sponsor contributes to a facility, or amenity or feature, the funds
will be used for land acquisition, design, construction, operation, improvements/upgrades,
and/or capital maintenance of said City facility or amenitywhich is being named.
6. Sponsors that contribute to a facility, or amenity , or feature are not permitted to have the
headlining name of the facility, or amenity or feature but may be recognized with language such
as “presented by or sponsored by[GHM6].”. For example, “Pavilion A, presented by Sponsor X.”
7. The sponsor recognition will exist until the facility, or amenity, or feature is repurposed,
demolished, met its life span, met its term per an agreement, or if the sponsor is found to be in
conflict with the City’s mission or values.[GHM7]
8. Sponsorship opportunities naming rights will follow the same work flow outlined in the
“SOLICITATION OF SPONSORSHIPS AND/OR DONATIONS WORK FLOW” on page 2 of this policy
with the noted exceptions below in section B. and C.
B. Approval of Sponsorship Opportunities for City Facilities, and Amenities, and Features Sponsor
Naming Rights $49,999 or Less
1. Sponsorship opportunites naming rights sold for $49,999 or less will be for nominal amenities,
such as but not limited to: shade structures and pavilions. As stated in section VII. A., sponsorship
opportunities will not be available for City administrative buildings[GHM8].
The sponsor naming will exist until the amenity is repurposed, demolished, or has met its life span, met
its term per an agreement, or if the sponsor is found to be in conflict with the City’s mission or values.
2. City Council will be notified of any sponsorships for a City facility or, amenity, or feature $49,999
or less with the placement[GHM9] of the sponsorship agreement on Consent Agenda.
C. Approval of Sponsorship Opportunities for City Facilities, and Amenities, and FeaturesNaming
Rights $50,000 or More
1. Once a sponsorship opportunity naming rights proposal reaches the $50,000 threshold, the City
Council may appoint a seven-member ad hoc Naming Ccommittee to review said
opportunityproposalit. Such committee shall be nominated by individual City Council members.
At least two members of the ad hoc Naming Ccommittee shall be selected from any impacted
advisory or governing board as determined by City Council.
2. The ad hoc Naming cCcommittee will provide a recommendation to the City Council or
consideration regarding acceptance of the sponsorship opportunityproposal and the language
to be name to be used on the name of the facility or amenity, as well as the term of the
sponsorship naming right.
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3. The final decision shall rest with be made by the City Council regarding acceptance of the
sponsorship opportunityproposal,and the language to be used on the name ofto be used on the
facility or amenity as well as the term of the sponsorship naming right.
If no term is defined, the naming right will be in perpetuity until the facility, amenity or feature
is repurposed[GHM10], demolished, met its life span, or the sponsor is found to be in conflict with
the City’s mission or values.
VIII. PAYMENTS, REPORTS, AND ALLOCATION
PAYMENT PROCESS
Sponsorships or donations are required in full unless otherwise stated in a written agreement. Any donation
or sponsorship valued over $5,000 must be accompanied with a written agreement.
Upon acceptance of either a sponsorship or donation, Authorized City Sstaff must document contribution details
in the appropriate software. Details will include:
• Contact information of donor or sponsor (unless donor/sponsor wishes to remain anonymous)
• Value, allocation, and benefit received, if applicable
• If in-kind, description of goods or services
• Name of staff member accepting donation or sponsorship
REPORTING
Departments collecting sponsorships and/or donations are required to meet the following reporting guidelines
at minimum on an annual basis:
• Provide a listing of sponsors and/or donors solicited
• Provide a listing of the amount of sponsorships and/or donations collected
• Publish a listing of vendors that have made contributions, for example on a website or in a report that
is accessible to the public
DONATION AND SPONSORSHIP ALLOCATIONS
Payments will be deposited into designated City funds, unless otherwise reallocated by the City Manager
and/or City Council. Every year as part of the budget process, City Council will have the authority to reallocate
unrestricted donations. Sponsor namingFfunds contributed for sponsorship opportunities for facilities, or
amenities, or features are not eligible for reallocation per section VII.A.5. above.
IXVIII. TERMINATION OF AGREEMENTS
The City reserves the right to accept or reject a sponsorship or donation in accordance with this policy. If the
City elects to terminate an agreement, any funds, unused materials or services, or other in-kind contribution
received by the City prior to such termination, will be refunded or returned by the City, unless such
termination is due to a material breach of the agreement by the sponsor or donor, in which case the City may
retain all or a part of the compensation if the City determines that such is necessary to compensate the City
for any losses incurred by the City due to such material breach. Funds contributed for sponsorship
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opportunities for facilities, or amenities, or features Sponsor naming funds are not eligible for refund per
section VII.A.4. above.
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CITY OF DENTON
Acceptance of Sponsorships and Donations Policy
I. PURPOSE
The purpose of the policy is to provide guidelines for the solicitation, administration, and acceptance
of sponsorships and donations received by the City of Denton.
II. POLICY
It is the policy of the Denton City Council that sponsorship and donation opportunities exist to enhance the
mission of the City and generate revenue to subsidize costs associated with programs, events, or assets, and
are pursued in accordance with the guidelines set forth by the City Council. The City reserves the right to accept
or reject a sponsorship or donation at any time.
III. AUTHORITY AND APPROVAL DELEGATIONS
In the event of conflict between this policy and other City policies, this policy will prevail pending proper
approvals. Denton City Council, at its discretion, may grant variances to this policy.
Upon the City’s acceptance of a sponsorship and donation, a sponsorship or donation agreement shall be
between the City of Denton and the donor or sponsor.
Authorized City Staff has the authority to create, solicit, and distribute sponsorship and donation opportunities,
receive and assess sponsorship and donation agreements, and accept and deposit funds in accordance with
this policy. Authorized City Staff will comply and adhere to City polices, seek consultation with appropriate
other City staff (e.g. City Legal, Finance Department) as needed. Authorized City Staff will obtain a copy of the
sponsor’s current insurance certificate with the City added as a rider, permits and a signed indemnification
agreement, when applicable, and shall maintain a log of sponsorships and donations, including the name of
each sponsor or donor, amount or a description of the item given, and any other relevant information
necessary to effectuate an accepted sponsorship or donation. The Department Director or designee will
oversee the purpose and application of this policy.
The following general principles shall apply for approvals:
• Only City staff authorized by this policy may accept donations or sponsorship.
• The City has no obligation to accept any donation or approve a sponsorship.
• All donations and sponsorships must be in the public’s best interest, support the City’s mission, and reflect
the City’s public image in a positive manner.
• All donations and sponsorships must be in compliance with applicable state and federal law, City policies,
ordinances, and resolutions.
• The City does not provide legal, accounting, tax or other such advice. Each donor or sponsor is ultimately
responsible for ensuring the proposed donation meets and furthers their financial, and estate planning
goals. As such, each donor and sponsor is encouraged to meet with a professional advisor before making
any donation to the City.
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• All donations must be used for official City business, and not for political activities or other personal
business.
• The City does not, under any circumstances, endorse, validate, or certify the products, services, or ideas
of any sponsor or donor, regardless of the level of sponsorship given to the City.
• A donor or sponsor may restrict a donation for a particular City department, location or purpose, but may
not designate a certain City official who may use the donation or sponsorship.
APPROVAL DELEGATIONS RESPONSIBILITY
Authorized City Staff Approve sponsorships and donations up to $5,000
City Manager or Designee Approve sponsorships and donations $5,001 up to $49,999 provided City
Council approval is not otherwise required.
City Council Approve all sponsorships and donations equal to or greater than $50,000.
Authorized City Staff, City
Manager, City Council
Some agreements and public recognition display approval may require a
combination of approvals in accordance with this policy.
Third Party Individuals
and/or Organizations
May solicit sponsorships and donations as outlined in written agreements, but
cannot speak on behalf of, or negotiate on behalf of the City of Denton.
SOLICITATION OF SPONSORSHIPS AND/OR DONATIONS WORK FLOW
If an unsolicited sponsorship or donation is offered to the City over $5,000, it must be accompanied with an
agreement and City Manager or designee’s approval. If an unsolicited sponsorship or donation is offered to
the City over $50,000, it will require City Council’s approval.
up to
$5,000
•Authorized staff submit solicitation plan and list of potential sponsors/donors
for approval by next level supervisor
•Staff solicit sponsorships/donations in accordance with this policy
•Staff accept and report sponsorships/donations in accordance with this policy
$5,001-
$49,999
•Authorized staff submit solicitation plan, agreement draft, and list of potential
sponsors/donors for approval by City Manager or designee.
•Staff solicit sponsorships/donations in accordance with this policy
•Staff accept and report sponsorship/donations in accordance with this policy
$50,000
and up
•Authorized staff or Director submit solicitation plan and list of potential
donors/sponsors to Purchasing for Request for Proposals (RFP)
•Soliciation is done through the RFP process
•Results of the RFP are taken to City Council for review and approval
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No City employee shall directly or indirectly solicit, seek, or accept anything of value in return for being
influenced in the performance of an official act; influenced to commit, aid in committing, collude or allow
fraud; or induced to perform or fail to perform an act in violation of the employee’s official duty or the City’s
Employee Ethics Policy (10.00). In order to eliminate risk to City employees and to manage any possible
conflicts regarding solicitations of donations and offers to sponsor made to the City, no City employee shall
engage in any solicitation of donations or enter into an agreement on behalf of the City unless expressly
authorized by a City official or by the employee’s Department Director or Director’s designee, or unless
authorized under this policy.
IV. DEFINITION OF TERMS
TERM MEANING
Administrative Building A City facility such as City Halls, Service Center, police and fire stations.
Agreement
A written contractual arrangement with the City which details an exchange of
a cash or in-kind contribution and the benefits provided in return. Agreements
can originate in-house by Authorized City Staff and approvals may vary in
accordance with this policy. An agreement is required for contributions valued
over $5,000.
Amenity
An item that enhances the user experience in a City facility or park, such as
shade structures, water fountains, benches, picnic tables, playgrounds,
equipment and/or furniture.
Asset A range of City property such as facilities, equipment, furniture, amenities,
parks, playgrounds, public open spaces, and/or trails, etc.
Authorized City Staff A City employee authorized by their supervisor, manager, or director.
Conflict of Interest
Exists when an individual, organization, and/or business is reflected in a
negative manner which is contrary to department’s mission, competes with
on-going programs, events, or partnerships, or negatively compromises the
integrity of the City’s public image.
Commemorative Name A name given to recognize an individual, organization or foundation who has
made a significant contribution on a local, state, national or world level.
Donation
A cash or in-kind contribution by an individual, organization, and/or business
without restrictions or with restrictions specified by a donor or outlined in an
agreement, when applicable.
Memorial An asset or monument which honors a life or an event.
Public Recognition or
Display
A benefit that can only be leveraged by Authorized City Staff and/or City
Council in accordance with this policy.
Solicitation Plan A document that clearly outlines the sponsor/donor levels and the benefits
given in return for the sponsor/donor’s contribution.
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Sponsorship
A cash or in-kind contribution by an individual, organization, and/or business
in exchange for recognition in the form of publicity, promotional
consideration, and/or merchandising. Sponsorships should not be confused
with advertising. Advertising is a benefit that can be leveraged.
Third Party Individuals
and/or Organizations
Partnerships, contracts, and/or organizations that operate in support of City
programs, events, and/or assets. Authorized approvals are required in
accordance with this policy by Authorized City Staff, the City Manager, and/or
City Council.
V. SPONSORSHIP OPPORTUNITIES FOR CITY PROGRAMS AND EVENTS
CASH SPONSORSHIP
A monetary payment on behalf of an individual, organization, and/or business that provides cash in support
of a City event or program in exchange for recognition in the form of publicity, promotional consideration,
and/or merchandising.
IN-KIND SPONSORSHIP
A contribution of goods and/or services on behalf of an individual, organization, and/or business in support
of a City event or program in exchange for recognition in the form of publicity, promotional consideration,
and/or merchandising.
SPONSORSHIP BENEFITS
Benefits are offered in the form of public recognition and/or merchandising and are subject to change. They
must be agreed upon in advance and be included in the written sponsorship agreement, when applicable.
Benefits vary based on the event or program, size and scope of sponsorship, and range of financial resources.
The extent of recognition and promotional opportunities will depend on the level and nature of each
individual sponsorship. Opportunities across a range of online and offline media platforms may include, but
are not limited to:
• Appropriate mention on social media platform(s)
• Appropriate mention on posters, digital flyers, and press releases
• Appropriate mention on promotional merchandise, apparel, or uniform
SPONSORSHIP GUIDELINES
Sponsorships are voluntary and will be considered on an individual, case-by-case basis and assessed for
potential conflict of interest and alignment with the City’s mission and values.
The City does not endorse the products, services, or ideas of any sponsor, regardless of level. Sponsorship
agreements shall not limit the City’s ability to seek other sponsorships and sponsors cannot commit the City
to any financial or operational obligation beyond the terms of any applicable agreement. Sponsors are
5
required to be forthcoming and advise the City if a sponsorship is concurrent with a planning, permit, or
procurement application or if the sponsor is in litigation against the City. Failure to disclose these issues or
other relevant information may result in ineligibility to enter into a City contract or other arrangement for
goods, services, or real property, for a period of one (1) year per City of Denton Code of Ordinances, Chapter
2, Article XI.
VI. DONATIONS
CASH DONATION
A monetary donation on behalf of an individual, organization, and/or business in support of a City asset, event,
or program in exchange for public recognition or display.
IN-KIND DONATION
A donation of goods and/or services on behalf of an individual, organization, and/or business in support of a
City asset, event, or program in exchange for public recognition or display.
DONATION BENEFITS
Benefits are offered in the form of public recognition acknowledgments or mentions. They must be agreed
upon in advance, and be included in a written agreement, when applicable.
Examples may include, but are not limited to:
• Acknowledgement through social media or press release
• Acknowledgment on a donor wall or plaque
• Acknowledgement through installation of a memorial such as a bench, picket, or brick
DONATION GUIDELINES
Donations are voluntary and will be considered on an individual, case-by-case basis and assessed for potential
conflict of interest and alignment with the City’s mission and values. The City will not accept donations that
are conditional upon endorsement or imply their products, services or ideas are sanctioned by the City.
The City will not extend or offer accrued advantages in exchange for a donation. Donors are required to be
forthcoming and advise the City if a donation is concurrent with a planning, permit, or procurement
application or if the donor is in litigation against the City. Failure to disclose these issues or other relevant
information may result in ineligibility to enter into a City contract or other arrangement for goods, services,
or real property, for a period of one (1) year per City of Denton Code of Ordinances, Chapter 2, Article XI.
Donations that are being accumulated for a major project or campaign will be held in an appropriate
City account or reserve until sufficient funds for the proposed project have been obtained.
Donations become the property of the City of Denton and subject to the laws, policies, and procedures that
govern the City.
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The City will ensure public interest will remain protected and recognition display guidelines will be assessed
and updated in accordance with this policy. As such, Authorized City Staff will implement the following
guidelines:
PUBLIC RECOGNITION DISPLAY GUIDELINES
Anonymous Donations In all forms of recognition, the donor's wishes for anonymity shall
be respected.
Aesthetics, Safety, and Location Displays must not detract from the aesthetic quality or safety of an
asset, and/or the physical attributes of a location.
Agreements
The City will evaluate each donation agreement in exchange
for recognition display on a case-by-case basis and will seek
City Manager and/or City Council approval as needed.
Commercial Perception
Displays must not be perceived as advertising or commercializing
the character of an asset or location and/or create a feeling of
proprietary interest. Displays must not advertise promotions, non-
brand slogans, or perceived endorsements. Sponsorship
opportunities will fit on one of several, pre-determined sizes of sign
per City specifications. Sizes of signs to be determined by staff and
to be appropriate to the size of the asset to be sponsored.
Quality Specifications
The City will ensure displays are safe and durable, and meet City
design or quality specifications, standards, policies, and City
Ordinances.
Maintenance The City is under no obligation to replace stolen, vandalized,
irreparably damaged, or destroyed donor displays.
Term
Donor displays may not be in perpetuity. The duration may be the
asset’s life span or term as specified in an agreement, whichever
comes first. The display is subject to replacement or removal if one
of these conditions is met. Displays may be repaired/refurbished in
cases of damage, if City funding is available.
VII. SPONSORSHIP OPPORTUNITIES FOR CITY FACILTIES AND AMENITIES
Sponsorship opportunities are voluntary and will be considered on an individual, case-by-case basis and
assessed for potential conflict of interest and alignment with the City’s mission and values.
The City does not endorse the products, services, or ideas of any sponsor, regardless of level. Sponsorship
agreements shall not limit the City’s ability to seek other sponsorships and cannot commit the City to any
financial or operational obligation beyond the terms of any applicable agreement. Sponsors are required to
be forthcoming and advise the City if a sponsorship is concurrent with a planning, permit, or procurement
application or if the sponsor is in litigation against the City. Failure to disclose these issues or other relevant
information may result in ineligibility to enter into a City contract or other arrangement for goods, services,
or real property, for a period of one (1) year per City of Denton Code of Ordinances, Chapter 2, Article XI.
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A. Guidelines for Sponsorship Opportunities for City Facilities and Amenities
1. Sponsorship opportunities will not be available for City administrative buildings. However,
opportunities may be available for specialized City facilities or amenities such as, but not limited
to: parks, playgrounds, spraygrounds, pavilions, shade structures, skate parks, dog parks, athletic
complexes and/or fields.
2. Sponsorship opportunities will not be available for existing City facilities or amenities that
already have a commemorative name.
3. Sponsorship opportunities for a project can be accepted at any point before, during, or after
construction.
4. Once accepted by the City, all funds contributed to a City facility or amenity will be
nonrefundable.
5. When a sponsor contributes to a facility or amenity, the funds will be used for land acquisition,
design, construction, operation, improvements/upgrades, and/or capital maintenance of said
City facility or amenity.
6. Sponsors that contribute to a facility or amenity are not permitted to have the headlining name
of the facility or amenity but may be recognized with language such as “presented by or
sponsored by.” For example, “Pavilion A, presented by Sponsor X.”
7. The sponsor recognition will exist until the facility or amenity is repurposed, demolished, met its
life span, met its term per an agreement, or if the sponsor is found to be in conflict with the
City’s mission or values.
8. Sponsorship opportunities will follow the same work flow outlined in the “SOLICITATION OF
SPONSORSHIPS AND/OR DONATIONS WORK FLOW” on page 2 of this policy with the noted
exceptions below in section B. and C.
B. Approval of Sponsorship Opportunities for City Facilities and Amenities $49,999 or Less
1. Sponsorship opportunities $49,999 or less will be for nominal amenities such as but not limited
to: shade structures and pavilions. As stated in section VII. A., sponsorship opportunities will not
be available for City administrative buildings.
2. City Council will be notified of any sponsorships for a City facility or amenity $49,999 or less with
the placement of the sponsorship agreement on Consent Agenda.
C. Approval of Sponsorship Opportunities for City Facilities and Amenities $50,000 or More
1. Once a sponsorship opportunity reaches the $50,000 threshold, the City Council may appoint a
seven-member ad hoc committee to review said opportunity. Such committee shall be
8
nominated by individual City Council members. At least two members of the ad hoc committee
shall be selected from any impacted advisory or governing board as determined by City Council.
2. The ad hoc committee will provide a recommendation to the City Council regarding acceptance
of the sponsorship opportunity and the language to be used on the name of the facility or
amenity as well as the term of the sponsorship.
3. The final decision shall be made by the City Council regarding acceptance of the sponsorship
opportunity and the language to be used on the name of the facility or amenity as well as the
term of the sponsorship.
VIII. PAYMENTS, REPORTS, AND ALLOCATION
PAYMENT PROCESS
Sponsorships or donations are required in full unless otherwise stated in a written agreement. Any donation
or sponsorship valued over $5,000 must be accompanied with a written agreement. Upon acceptance of
either a sponsorship or donation, Authorized City Staff must document contribution details in the appropriate
software. Details will include:
• Contact information of donor or sponsor (unless donor/sponsor wishes to remain anonymous)
• Value, allocation, and benefit received, if applicable
• If in-kind, description of goods or services
• Name of staff member accepting donation or sponsorship
REPORTING
Departments collecting sponsorships and/or donations are required to meet the following reporting guidelines
at minimum on an annual basis:
• Provide a listing of sponsors and/or donors solicited
• Provide a listing of the amount of sponsorships and/or donations collected
• Publish a listing of vendors that have made contributions, for example on a website or in a report that
is accessible to the public
DONATION AND SPONSORSHIP ALLOCATIONS
Payments will be deposited into designated City funds, unless otherwise reallocated by the City Manager
and/or City Council. Every year as part of the budget process, City Council will have the authority to reallocate
unrestricted donations. Funds contributed for sponsorship opportunities for facilities or amenities are not
eligible for reallocation per section VII.A.5. above.
IX. TERMINATION OF AGREEMENTS
The City reserves the right to accept or reject a sponsorship or donation in accordance with this policy. If the
City elects to terminate an agreement, any funds, unused materials or services, or other in-kind contribution
received by the City prior to such termination, will be refunded or returned by the City, unless such
termination is due to a material breach of the agreement by the sponsor or donor, in which case the City may
9
retain all or a part of the compensation if the City determines that such is necessary to compensate the City
for any losses incurred by the City due to such material breach. Funds contributed for sponsorship
opportunities for facilities or amenities are not eligible for refund per section VII.A.4. above.
February 11, 2020
Proposed Policy Amendments:
Acceptance of Sponsorships &
Donations Policy
2/11/20 ID 20-169 1
Exhibit 6
Policy Background
June 18, 2019
City Council adopted the policy.
Nov. 5, 2019
During a public hearing on the
Naming Policy, Council gave
direction to move “naming rights”
to the Sponsorship/Donation
policy
January 7, 2020
Sponsorship/Donation Policy was
on Individual Consideration.
Voting was postponed and Council
recommended additional changes.
February 11, 2020
Council’s recommended changes
incorporated to amended policy
and placed on Individual
Consideration.
22/11/20 ID 20-169
Summary of Sponsorship/Donations
Policy Amendments
➢Any language referencing “sponsor naming” was removed from the policy. Section VII is now
titled “Sponsorship Opportunities for City Facilities and Amenities.”
➢Specified that sponsors will not be permitted to have the headlining name of a facility.
➢Added language which states Council will be notified of any sponsorships for a City facility or
amenity of $49,999 or less by the placing of the sponsorship agreement on Consent Agenda.
➢For clarification purposes, definitions were added for “administrative buildings” and “amenities.”
➢Language addressing the length of the sponsorship recognition for facilities/amenities was
clarified and the mention of “in perpetuity” was removed.
➢Additional clarification was added regarding signs to the guidelines for commercial perception in
section VI.
32/11/20 ID 20-169
Additional amendments made to the Sponsorship/Donation Policy since
January 7, 2020:
Questions/Comments
42/11/20 ID 20-169
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-240,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton amending Chapter 3, titled “Airports,” of the code of
ordinances of the City of Denton regarding Airport Governance; adopting Airport Rules and Regulations and
Airport Minimum Operating Standards as Guiding Documents; providing a repealer clause; providing for
penalties; providing for codification; providing a severability clause; and providing an effective date. Council
Airport Committee recommends approval (2-0).
City of Denton Printed on 2/7/2020Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Airport
CFO: Antonio Puente, Jr.
DATE: February 11, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton amending Chapter 3, titled “Airports,” of the
code of ordinances of the City of Denton regarding Airport Governance; adopting Airport Rules and
Regulations and Airport Minimum Operating Standards as Guiding Documents; providing a repealer
clause; providing for penalties; providing for codification; providing a severability clause; and providing
an effective date. Council Airport Committee recommends approval (2-0).
BACKGROUND
The Denton Enterprise Airport operates under the guidance of the Federal Aviation Administration (FAA).
The FAA has many policies that regulate the operation of an airport, including grant assurances, policies,
orders, and advisory circulars. To assist in compliance with these various FAA documents, many airports
establish their own guiding documents. These documents generally are developed to work in conjunction
with one another, but each has a specific purpose.
The City has in place Chapter 3 of the City’s code that provides som e framework and regulations for the
Airport. This code section has some outdated items dating back to 1966, as well as having a mix of items
that should be separated into one of the other guiding documents. Some of the other guiding documents do
not appear to have been formally adopted in the past but have been used as general guidelines, while others
need updating based on changes in FAA policies and activities at the Airport.
Each of the following draft guiding documents and its purpose are identified below:
1. Municipal Code – Chapter 3
Provides the overall framework for the municipal government to regulate the Airport. Each of the
following guiding documents are referenced within Chapter 3.
2. Airport Rules and Regulations
Provides a variety of rules and regulations generally related to public safety and security of the
Airport (e.g., no smoking, vehicle speeds, security gates, hazardous material storage, etc).
3. Airport Minimum Operating Standards
Provides guidance for commercial aeronautical businesses as to the minimum requirements for
operating a business at the Airport (e.g., operating hours, facility size, insurance, licenses, etc).
4. Airport Rates and Fees Schedule – Adopted May 1, 2019
Provides a listing of rates and fees associated with the use of various Airport facilities (e.g., T -
hangars, land, meeting rooms, etc.).
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Staff completed a formal public process to update and develop these guiding documents. This effort was
completed over the past 20 months with tenants and users through a variety of tenant meetings and through
the eight Airport Advisory Board (AAB) meetings to ensure the development of documents that are fair,
enforceable, and vetted through an open public process.
The documents were posted on the Airport’s webpage prior to Airport Advisory Board meetings and notices
sent to interested citizens through the Airport’s Constant Contact system and Facebook page. As a result,
staff received comments throughout the process via email and public comments during the AAB meetings.
OPTIONS
1. Adopt the proposed ordinance approving the Airport Guiding Documents.
2. Adopt the proposed ordinance approving the Airport Guiding Documents with additional
direction.
3. Provide staff additional direction regarding the Airport Guiding Documents.
4. Take no action at this time.
STAFF RECOMMENDATION
Airport Staff recommends Option 1, approving the Airport Guiding Documents as provided.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
• Council Airport Committee recommended approval (2-0) on January 28, 2020
• Airport Advisory Board recommended approval (5-1) on December 12, 2019
• Airport Advisory Board reviewed draft documents and received public input at the April 10, 2019,
May 8, 2019, June 12, 2019, July 10, 2019, September 11, 2019, October 9, 2019, and November 13,
2019 meetings.
• Council Airport Committee briefing on process, April 13, 2018
ESTIMATED SCHEDULE OF PROJECT
Upon adoption, the documents would go into effect immediately. Staff anticipates an implementation and
educational process over the next several months.
FISCAL INFORMATION
The Airport Rates and Fees Schedule has been in place since May 1, 2018. No additional changes have
occurred since adopted.
EXHIBITS
1. Agenda Information Sheet
2. Ordinance
3. Presentation – Airport Guiding Documents
Respectfully submitted:
Scott Gray
Airport Manager
S:\Legal\Our Documents\Ordinances\20Wrport Governance Docs -clean.docx
ORDINANCE NO. 2020-__ _
AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 3, TITLED
"AIRPORTS," OF THE CODE OF ORDINANCES OF THE CITY OF DENTON
REGARDING AIRPORT GOVERNANCE; ADOPTING AIRPORT RULES AND
REGULATIONS AND AIRPORT MINIMUM OPERATING STANDARDS AS GUIDING
DOCUMENTS; PROVIDING A REPEALER CLAUSE; PROVIDING FOR PENAL TIES;
PROVIDING FOR CODIFICATION; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") owns and operates the Denton Enterprise Airport
(the "Airport"), which operated under the guidance of the Federal Aviation Administration
("FAA''); and
WHEREAS, the FAA has many policies that regulate the operation of an airport, Including
grant assurances, policies, orders, and advisory circulars (the "FAA Policy"), with which the
Airport must abide ; and
WHEREAS, to assist in compliance with FAA Policy, many airports establish their own
guiding documents; and
WHEREAS , the City has since 1966 held its Airport guidance standards in Chapter 3
"Airports" of the Code of Ordinances; and
WHEREAS, it is advisable to update the guidance documents from time to time; and
WHEREAS , changes in FAA Policy and activities require the update of the Airport guiding
documents and several provisions of Chapter 3 have not been updated since 1966 ; and
WHEREAS , the City Council, after due consideration, finds it should take the time to
update all Airport gu iding documents, even accompanying documents to Chapter 3 that to-date
have not been officially adopted by the City; and
WHEREAS, as part of the update, the City Council previously adopted the Airport Rates
and Fees Schedule on May 1, 2019; and
WHEREAS , City staff drafted a new Chapter 3 "Airports" to the City Code of Ordinances,
as well as Airport Rules and Regulations and Airport Minimum Operating Standards (the "New
Airport Guiding Documents"), which were presented in eight public presentations before the
Airport Advisory Board and two public presentations before the Council Airport Committee; and
WHEREAS, public feedback was considered, and provisions revised as appropriate; and
WHEREAS , the Airport Advisory Board recommended approval of the New Airport
Guiding Documents on December 12 , 2019, by a vote of[5-1]; and
WHEREAS, the Council Airport Committee unanimously recommended approval of the
New Airport Guiding Documents on January 28, 2020, by a vote of [2 -0]; and
WHEREAS, the City Council, following consideration and to comply with FAA Policy,
finds it is in the public interest to update the Airport guiding documents by adoption of the New
Airport Guiding Documents ; NOW, THEREFORE,
THE COUNCIT.., OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council finds that the recitals made in the preamble of this
Ordinance are true and correct, and incorporates such recitals into the body of this ordinance as if
copied in their entirety.
SECTION 2 . The City Council hereby repeals the existing Chapter 3 "Airports" of the
Code of Ordinances and replaces it in its entirety with the provisions in Exhibit "A," Chapter 3
"Airports," attached hereto and made a part hereof for all intents and purposes .
SECTION 3 . The City Council hereby adopts the Airport Rules and Regulations as set
forth in Exhibit "B," attached hereto and made a part hereof for all intents and purposes .
SECTION 4 . The City Council further adopts the Airport Minimum Operating Standards
as set forth in Exhibit "C," attached hereto and made a part hereof for all intents and purposes .
SECTION 5. The Airport Manager, or his designee, is hereby authorized to carry out all
the obligations and duties of the City under the New Airport Guiding Documents adopted herein .
SECTION 6. Any person found violating the provisions of this Ordinance, upon
conviction, shall be subject to the penalties set out in Exhibit "A." Each day that a provision of
this Ordinance is violated shall constitute a separate and distinct offense.
SECTION 7 . The City Secretary is hereby directed to record and publish the attached
Exhibit "A" in the City's Code of Ordinances as authorized by Section 52 .001 ofthe Texas Local
Government Code.
SECTION 8. If any section, article, paragraph, sentence, phrase, clause, or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect .
SECTION 9 . This Ordinance, providing for a penalty, 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 ofDenton, 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 L-_j:
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 _______ _, 2020.
CHRIS WATTS, MAYOR
ATTEST:
ROSA RlOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:
Chapter 3 Page 1 October 9, 2019
Chapter 3 – AIRPORTS
ARTICLE I. - IN GENERAL
Secs. 3-1—3-100. - Reserved.
Sec. 3-101. - Definitions.
The following words and phrases, whenever used in this chapter or documents
promulgated hereunder, shall be construed as defined in this section unless from the
context a different meaning is intended, or unless a different meaning is specifically
defined and more particularly ascribed to the use of such words or phrases. All definitions
contained in 49 U.S.C. § 40101 et seq. (previously known as the Federal Aviation Act of
1958, hereinafter cited as "FAA Act") and all amendments thereto shall be considered as
included herein; and all definitions shall be interpreted on the basis and intention of the
FAA Act and amendments thereto, unless from the context a different meaning is
intended, or unless a different meaning is specifically defined and more particul arly
ascribed to the use of such words or phrases.
Abate or abatement means to put an end to or correct a violation of this chapter.
Aeronautical Activity means any activity or service which involves, makes possible,
or is required for the operation of a ircraft, or contributes to, or is required for, the safety
of such operations. "Aeronautical activities" include, but are not limited to, charter
operations (under either Federal Aviation Regulation (FAR) Part 121 or 135), charter
brokerage, aircraft hangar leasing, pilot training, aircraft rental and sight-seeing, aerial
photography, crop dusting, fire suppression, aerial advertising and surveying, aircraft
sales, leasing, and servicing, aircraft management, and sale of aviation petroleum
products, whether or not conducted in conjunction with other included activities which
have a direct relationship to the operation of aircraft, repair and maintenance of aircraft,
sale of general aviation aircraft parts, and any other activities which because of their
relationship to the operation of aircraft can appropriately be regarded as an "Aeronautical
Activity."
Airport Business Permit means administrative approval issued by the Airport
Manager to a person to conduct commercial aeronautical activity and to provide such
services to based and transient aircraft on the Airport exclusively within facilities on the
Airport at which such services are authorized.
Airport means all of the City owned or leased real or personal property comprising
Denton Enterprise Airport as now exists or as may hereafter be expanded and developed.
"Airport" includes all of its facilities as shown on the most current Airport Layout Plan.
Airport Advisory Board means the duly appointed seven-member Airport Advisory
Board of the City.
Airport Appeals Board means a body consisting of the Chairman of the Airport
Advisory Board, another Airport Advisory Board member appointed by the Chairman, and
a City representative appointed by the City Manager or his designee.
Chapter 3 Page 2 October 9, 2019
Airport Manager means the duly appointed manager of the City's Airport or the City
Manager's designee.
Based means an aircraft: (1) which the owner physically locates at the Airport with
the intent and purpose to remain for an undetermined period; (2) which, whenever absent
from the Airport, its owner intends to return to the Airport for permanent storage; and (3)
whose presence in the Airport is not transitory in nature. Based includes an aircraft that
is located at the Airport for a limited or seasonal duration.
City means the City of Denton, a Texas home-rule municipal corporation.
City Attorney means the duly-appointed attorney for the City or his designee. The City
Attorney's office includes both the Civil and Criminal divisions.
Commercial activity means the conduct of any aspect of a business, concession , or
service in order to provide goods or services to any person for compensation. An activity
is a commercial activity even if it is bartered or the business is nonprofit, charitable, or
tax-exempt.
Council Airport Committee means the duly appointed three-member Council Airport
Committee of the City.
Permission or permit means permission granted by the City.
Person means the state, county, a political subdivision of the state, other
governmental entity, a corporation, firm, partnership, association, organization, and any
other group acting as a unit, as well as an individual. Person includes a trustee, receiver,
assignee, or similar representative.
Runway means a defined area on the Airport for aircraft landings and takeoffs along
its length.
Sec. 3-102. - General conditions of use.
The conditions under which the Airport or any of its facilities may be used shall be as
established pursuant to this chapter or otherwise by the City Council.
Sec. 3-103. - Permission to use Airport conditional; denial of permission.
Any permission granted by the City directly or indirectly, expressly or by implication,
to enter upon or use the Airport or any part thereof, including but not limited to, operators,
off-Airport users, crew members and passengers, spectators, sightseers, pleasure and
commercial vehicles, officers and employees of airlines, lessees and other persons
occupying space at the Airport, persons doing business with the Airport, its lessees,
sublessees, and permittees, and all other persons whatsoever, whether or not of the type
indicated, is conditioned upon compliance with this chapter and any rules, regulations, or
minimum operating standard promulgated hereunder. Entry upon or into the Airport by
any person shall be deemed to constitute an agreement by such person to comply with
this chapter. The City reserves the right to deny any or all usage of the Airport to any
person or persons for any cause.
Sec. 3-104. - Consent of City.
Unless expressly provided otherwise, any consent or other permission of the City
under this chapter must be obtained in advance, in writing, and signed by the Airport
Manager.
Chapter 3 Page 3 October 9, 2019
Sec. 3-105. - Notices and applications.
Unless expressly provided otherwise, any notice or application to the City must be
given in writing to the Airport Manager during normal business hours at the Airport
administration office in the terminal building.
Sec. 3-106. - Adopted by reference.
The following publications, on file with the City Secretary, are hereby adopted by
reference as if set out at length in this chapter:
(a) Denton Enterprise Airport Rules and Regulations and any amendments
thereto as may be approved by the Airport Advisory Board.
(b) Denton Enterprise Airport Minimum Operating Standards and any
amendments thereto as may be approved by the Airport Advisory Board.
(c) Denton Enterprise Airport Rates and Fees Schedule and any amendments
thereto as may be approved by the Airport Advisory Board and City Council.
Sec. 3-107. - Conflicting laws, ordinances, regulations, and contracts.
(a) In any case where a provision of this chapter, rules and regulations, minimum
operating standards, or rates and fees schedule adopted hereunder is found by
the City Attorney to be in conflict with any other provision of this chapter or
regulations adopted hereunder or in conflict with a provision of any zoning,
building, fire, safety, health, or other ordinance or code of the City, the provision
which establishes the higher standard for the promotion and protection of the
health and safety of the people shall prevail.
(b) In cases where two (2) or more provisions of this chapter are in conflict, the most
stringent or restrictive shall prevail.
(c) It is not intended by this chapter to repeal, abrogate, annul, or in any way impair
or interfere with existing provisions of other laws or ordinances, except those
specifically repealed by this chapter, or to excuse any person from performing
obligations to the City under any lease or other contract.
(d) No existing or future City contract, lease, agreement, or other contractual
arrangement, nor any payment or performance thereunder, shall excuse full and
complete compliance with this chapter. Compliance with this chapter shall not
excuse full and complete compliance with any obligations to the City under any
existing or future City contract, lease, agreement, or other contractual
arrangement.
(e) Compliance with this chapter does not excuse failure to comply with any other law.
Sec. 3-108. - Application.
Except where expressly limited by its terms, this chapter is effective throughout the
City.
Sec. 3-109. - Airport Advisory Board.
(a) There is created an Airport Advisory Board consisting of seven (7) members who
shall meet the qualifications and residency requirements as provided in section 2 -
61 of the Code of Ordinances.
Chapter 3 Page 4 October 9, 2019
(b) All members shall be appointed by the City Council for terms not to exceed two (2)
years, and continue in office until their successors are appointed.
(c) The Airport Advisory Board shall establish bylaws to govern its affairs. The bylaws
shall designate:
(1) Officers of the Airport Advisory Board, the time and manner of their election,
the term of office, and the powers and duties of each officer.
(2) The time, place, and manner of notice of all regular and special meetings in
compliance with the Texas Open Meetings Act.
(3) The manner of adoption, amendment, and repeal of Airport Advisory Board
bylaws.
(4) Such other provisions as may be deemed necessary or desirable which are
not contrary to the provisions of any ordinance or resolution, the City charter,
or the laws of this state or the United States, to aid the Airport Advisory Board
in conducting its affairs.
(d) The Airport Advisory Board shall, with the assistance of City staff, advise the City
Council as necessary on matters related to:
(1) Airport safety;
(2) Flight and ground operations;
(3) Safety and security issues arising from the creation and development of long-
term master plans;
(4) Tenant/stakeholder outreach;
(5) Airport business plan and airport master plan as now written or hereafter
amended or enacted;
(6) Airport infrastructure improvements or other major project impacting the
Airport;
(7) Acquisition, review, and consideration of grant funding for the Airport;
(8) Long-term financial planning and budgetary issues affecting the Airport;
(9) Issues raised as a result of interface between citizens, airport tenants, or other
interested parties; and
(10) Other Airport matters as may from time to time, be assigned by the City
Council, or requested by the City manager or his or her designee.
(e) The City Manager, or his or her designee, will act as staff liaison to the Airport
Advisory Board, and will provide guidance and assistance to the board and shall
be responsible for insuring that records are maintained in accordance with the
requirements of the City Secretary’s office.
(f) The Airport Advisory Board shall meet not le ss than monthly unless any such
meeting is cancelled by the Board Chairman after consultation with the City
Manager, or his or her designee.
Chapter 3 Page 5 October 9, 2019
(g) The Airport Advisory Board shall perform such other duties as are imposed on the
Airport Advisory Board by this chapter.
(h) The City Council shall have the right and prerogative to initiate review of any
decision of the Airport Advisory Board and shall uphold, modify, or overrule said
decision.
Sec. 3-110. - Effect of agreements with federal government.
All lease agreements, permits, and other contractual or governmental arrangements
to which the City may be a party shall be subordinate to the provisions of any existing or
future agreement between the City and the United States relative to the operation and
maintenance of the Airport.
Sec. 3-111. - Conformance with federal, state, and other rules, regulations, and
agreements.
(a) No person shall navigate, land aircraft upon, or conduct any aircraft or other
operations on or from the Airport, nor shall any person engage in any other Aviation
Activity at the Airport or elsewhere within the City, otherwise than in conformity
with the requirements of the Federal Aviation Administration and all other
applicable federal, state, and City laws, statutes, ordinances, rules, regulations,
and minimum operating standards.
(b) Any use of the Airport by any Person constitutes that Person's agreement to
conform in all respects to the requirements of any grant agreements by the City
with the State of Texas, the United States, and any other governmental entity.
Sec. 3-112. - Liability of City.
The City is not responsible or liable for any loss, injury, or damage to persons or
property on the Airport, or using Airport facilities, for any reason, including but not limited
to fire, civil disorder, criminal activity, theft, vandalism, winds, flood, earthquake, collision,
act of third parties or otherwise, or acts contrary to this chapter or any regulations
promulgated hereunder.
Sec. 3-113. - Indemnification.
(a) To the fullest extent permitted by law, any Person accessing or using the Airport
or any of its facilities, and the Person's successors, assigns, and guarantors, must
indemnify, defend, and hold harmless, the City, its agents, employees, elected and
appointed officials, directors, officers, commissioners, board members, and
representatives from and against all allegations, demands, proceedings, suits,
actions, claims, damages, losses, and expenses (including, but not limited to,
claims adjustment, attorney fees, and court costs), related to, arising from or out
of, or resulting from:
(1) Any negligent or intentional actions, acts, errors, mistakes, or omissions
caused in whole or in part by such Person, or the Person's employees or
agents; or
(2) The exercise of any rights or privileges under the Denton Code of Ordinances,
Chapter 3, or under the Airport Minimum Operating Standards, and Airport
Rules and Regulations.
Chapter 3 Page 6 October 9, 2019
(b) This section includes, but is not limited to, environmental claims for property
damage, cleanup, response, removal, and remediation.
Sec. 3-114. - Forms.
The Airport Manager shall have authority to specify forms to be used for applications,
permits, reports, and other documents required under this chapter and to reject any
documents not conforming to said forms.
Sec. 3-115. - Supplementing information.
Within fifteen (15) calendar days after any discovery of a material misstatement,
omission, or other inaccuracy or material change in any information contained in any
application, report, or other document provided to the City, the person submitting the
information shall inform the City in writing of the inaccuracy or change and shall provide
the City with the correct information in writing.
Sec. 3-116. - Payment of fees and charges.
No Person shall perform any activity for which a fee or charge is imposed under this
chapter without first reporting the activity to the City and paying the appropriate fee to the
City (as identified in the Airport Minimum Operating Standards and/or Airport Rates and
Fees Schedule). Notwithstanding the preceding sentence, when a reporting procedure in
this chapter specifically provides for subsequent reporting, prior reporting is not required.
Fees, rates, and charges for use of any Airport facilities and for any service or
accommodations provided by the City shall be established in the same manner as rules
and regulations are established under this chapter. Nothing in this chapter impairs or
limits the City's ability to impose fees or charges by contract.
Sec. 3-117. - Airport-related fee administration and collection.
The administration and collection of Airport-related fees is vested in the Airport
Manager, or his designee. Except as expressly stated to the contrary in this chapter, all
procedures, remedies, requirements, penalties, and other provisions for the
determination, administration, and collection of other City fees shall apply to Airport-
related fees.
Sec. 3-118. - Payment of bills and default of obligations.
All City billings are payable upon presentation. When any Person is formally notified
that said Person is held in default of any written or implied obligation to the City, whether
it be for breach of performance, services, covenants, or nonpayment, the Person shall
thereafter be billed for all losses of revenue and expenses incurred to reestablish
performance or service and other costs, unless the Person files with the City, within ten
(10) calendar days of receipt of the formal notification , a statement that corrective or
preventive measures have been initiated and will diligently be carried out. If the promises
contained in the statement are not fulfilled, the Person will be considered in absolute
default and appropriate lawful steps will be initiated by the City.
Sec. 3-119. - Repealer and savings clause.
The effective date of this chapter shall be fourteen (14) days following the date this
ordinance is adopted by the City Council. All future duties and obligations thereafter
arising under the pre-existing Chapter 3 of the Denton Code of Ordinances shall cease,
but liability for fees and violations of the pre -existing Chapter 3 of the Denton Code of
Chapter 3 Page 7 October 9, 2019
Ordinances as of the effective date of this ordinance are preserved and continue
unaffected by this ordinance.
Sec. 3-120. - Severability.
If any section, subsection, paragraph, sentence, clause, phrase , or portion of this
chapter should be declared invalid or unconstitutional for any reason whatsoever, such
decision shall not affect the remaining portions of this chapter, which shall remai n in full
force and effect; the City Council of the City of Denton declares that it would have adopted
this chapter and each section, subsection, sentence, clause, phrase , or portion thereof,
irrespective of the fact that any one (1) or more sections, subs ections, sentences,
clauses, phrases, or portions thereof may be declared invalid or unconstitutional; and, to
this end, the provisions of this chapter are hereby declared to be severable.
Sec. 3-121. - Use of City-owned Airport property.
The Airport Manager may enter into a lease, license, permit, or other such agreement
for the use of any City-owned Airport property, including but not limited to, land, buildings,
office space, counter space, and aircraft storage facilities, subject to the following
conditions:
(1) Any lease of City-owned Airport property shall be in a form approved by the City
Attorney and subject to recommendation by the Council Airport Committee and
approval of City Council.
(2) Any Airport license or other such agreement shall be in a form approved by the
City Attorney, with a term of three (3) years or less and a minimum of a thirty (30)
calendar day cancellation clause. Any license or other such agreement not
meeting these criteria shall be subject to recommendation by the Council Airport
Committee and approval of City Council.
(3) Any Airport permit shall be in a form approved by the City Attorney and shall remain
in effect until such time as the permittee requests cancellation in writing, or the
permit is revoked pursuant to division 4 of this chapter.
(4) Any use of City-owned Airport property for commercial aeronautical activities is
subject to the requirements of the Airport Minimum Operating Standards.
Sec. 3-122. - Access keys/codes/gate access devices/access cards.
(a) Persons who have been provided a key, code, gate access device, or access card
to obtain access to the Airport shall only use Airport-issued key/codes/
devices/cards and shall not divulge, duplicate, or otherwise di stribute the same to
any other Person, unless otherwise approved in writing by the Airport Manager.
(b) If a gate access key, device, or access card is found in the possession of an
unauthorized Person, the device/card shall be confiscated by the Airport Manager
and the Person shall be escorted off the airside area.
(c) A gate access device or access card that has not been used in one hundred eighty
(180) consecutive days shall be deactivated.
Sec. 3-123. - Permit not transferable.
No lease, license, permit, or agreement shall be assigned, transferred, or in any other
manner set over to another person without the prior written consent of the City.
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Sec. 3-124. – Council Airport Committee review.
(a) The Council Airport Committee shall have the right and prerogative to initiate its
own review of any decision of the Airport Appeals Board, but only upon the
affirmative vote of two (2) members taken within twenty (20) days following such
decision of the Airport Appeals Board. Notice of such committee-initiated review of
any decision of the Airport Appeals Board shall be given by the Airport Manager to
the aggrieved party and Airport Appeals Board members within seven (7) days
after initiation of such review by the Council Airport Committee.
(b) The Airport Manager shall schedule such review for a Council Airport Committee
agenda not more than forty (40), nor less than fifteen (15), days following initiation
of such review by the Council Airport Committee. The Council Airport Committee
at its meeting after conducting such review shall uphold, modify, or over-rule the
decision of the Airport Appeals Board. The decision of the Council Airport
Committee shall be final.
Secs. 3-125—3-200. - Reserved.
ARTICLE II. - RULEMAKING AUTHORITY
Sec. 3-201. - Airport Rules and Regulations.
The Airport Manager is authorized to establish or amend such rules, regulations, and
minimum operating standards as are necessary or useful to carry out or supplement the
provisions of this chapter and provide for the orderly and safe operation of the Airport.
Sec. 3-202. - Limitation on rules and regulations by Airport Manager.
(a) No rule, regulation, or minimum operating standard established by the Airport
Manager shall be effective until fourteen (14) calendar days after it is approved by
the Airport Advisory Board. Any regulation established by the Airport Manager shall
be posted in the lobby or other area of the Airport terminal building open to the
public during normal business hours for a period of not less than five (5) calendar
days prior to approval by the Airport Advisory Board.
(b) No regulation established by the Airport Manager shall increase fees identified in
the Airport Rates and Fees Schedule.
(c) Creation or modification of any fee is subject to approval by the Airport Advisory
Board, Council Airport Committee, and the City Council.
Sec. 3-203. - Posting and filing of documents.
Airport Rules, Regulations, Minimum Operating Standards, and Rates and Fees
Schedule shall be filed with the City Secretary. All amendments to these documents shall
be filed with the City Secretary.
Sec. 3-204. - Emergency rules and regulations.
With the approval of the City Manager, the Airport Manager has authority to impose
emergency regulations. Such emergency regulations are limited to a forty-five (45)
calendar day duration and take effect immediately upon execution by both the Airport
Manager and the City Manager, and posting of copies of the regulations at the Airport
terminal building and at two (2) other public places within the City. Each emergency rule
Chapter 3 Page 9 October 9, 2019
or regulation shall be reviewed and established as a permanent rule or regulation at th e
next regularly scheduled Airport Advisory Board meeting.
Secs. 3-205—3-300. - Reserved.
ARTICLE III. - AIRPORT BUSINESS PERMITS
Sec. 3-301. - Airport Business Permit required.
No Commercial Aeronautical Activity shall be conducted by any Person at the Airport
without said person being in possession of a valid Airport Business Permit. Each Person
holding an Airport Business Permit must hold a valid and current sales and use tax permit
issued by the state, if such license is required by the state. Issuance of an Airport
Business Permit does not entitle the holder to possess, occupy, or exclusively use any
portion of the Airport, grant any exclusive right to conduct any business or activity, or
authorize any conduct prohibited by zoning laws or any other applicable law.
Sec. 3-302. - Airport Business Permit applications.
Except as specifically stated otherwise in this chapter, an application for an Airport
Business Permit is subject to approval by the Airport Manager as indicated in the Airport
Minimum Operating Standards, and is subject to ratification by the Airport Advisory Board
at its next regularly scheduled meeting. The City is not responsible or liable for any loss,
injury, or damage as a result of the failure of the Airport Advisory Board to ratify an
administrative approval of an Airport Business Permit. Each application for an Airport
Business Permit shall be accompanied by the following:
(1) An Airport Business Permit application;
(2) All information identified in section 2-1 of the Airport Minimum Operating
Standards; and
(3) Such other information as the Airport Manager may reasonably request.
Sec. 3-303. - Temporary Airport Business Permits.
Notwithstanding section 3-302, the Airport Manager shall have authority to issue
temporary Airport Business Permits and to establish procedures relating thereto. Such
temporary permits shall cover a single period of not more than sixty (60) consecutive days
identified on the permit. No more than one (1) temporary permit shall be issued to any
Person in any twelve (12) month period. Each application for a temporary Airport
Business Permit shall be accompanied by an Airport Business Permit form and any other
applicable documentation as determined by the Airport Manager.
Sec. 3-304. - Permit display.
Any Person conducting commercial Aeronautical Activity shall, upon demand,
produce the Airport Business Permit to a City representative for inspection.
Sec. 3-305. - Duration of permit.
An Airport Business Permit shall remain in effect so long as the permittee complies
with all of its terms, conditions, and covenants.
Sec. 3-306. - Nonwaiver of defaults.
The waiver by the City of any breach by the permittee of any term, covenant, or
condition of any permit shall not operate as a waiver of any subsequent breach of the
Chapter 3 Page 10 October 9, 2019
same or any other term, covenant, or condition of the permit. No term, covenant, or
condition thereof can be waived except by the written consent of the Airport Manager,
and forbearance or indulgence by City, in any regard whatsoever, shall not constitute a
waiver of the term, covenant, or condition to be performed by permittee, and until
complete performance by permittee of the term, covenant, or condition, the City shall be
entitled to invoke any remedy available to it hereunder or by law, despite such
forbearance or indulgence.
Sec. 3-307. - General conditions for all permits.
The City is neither a joint venturer with, nor a partner or associate of, the permittee
with respect to any manner provided for in the permit. Nothing herein contained shall be
construed to create any such relationship between the parties or to subject the City to any
obligation of the permittee whatsoever. The permit is a license and not a lease.
Sec. 3-308. - Insurance.
(a) The operator, lessee, licensee, permittee, or other person using the Airport,
required to obtain and maintain insurance under the Airport Minimum Operating
Standards, shall, at their own expense, obtain and maintain a general liability policy
or Airport premises policy from an insurance company authorized to do business
in Texas, with the minimum coverage required by the applicable Airport Minimum
Operating Standards. All policies, except Workers' Compensation, shall name the
City of Denton, its agents, employees, elected and appointed officials, directors,
officers, commissioners, board members, and representatives as Additional
Insureds.
(b) The operator, lessee, licensee, permittee, or other person using the Airport, is
responsible for working with an informed and reputable insurance representative
to understand and obtain all the applicable insurance required by the Airport
Minimum Operating Standards.
(c) The City does not represent or warrant that the types of coverage or minimum
limits contained in the applicable Airport Minimum Operating Standards are
sufficient to protect any Airport user from liabilities that might arise out of the
access or use of the Airport, or any of its facilities.
Secs. 3-309—3-400. - Reserved.
ARTICLE IV. - ENFORCEMENT
DIVISION 1. - GENERALLY
Sec. 3-401. - Violations.
(a) It shall be unlawful for any Person to cause, facilitate, aid, or abet any violation of
any provision of this chapter, or any rules, regulations , or minimum operating
standards promulgated hereunder, or to fail to perform any act or duty required by
this chapter or rules, regulations, or minimum operating standards promulgated
hereunder.
(b) When two (2) or more persons have liability to the City or are responsible for a
violation, their responsibility shall be joint and several.
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Sec. 3-402. - Enforcement of judgments.
Any judgment for abatement, restitution , or civil sanctions taken pursuant to this
article may be enforced as any other civil judgment.
Sec. 3-403. - Violations not exclusive.
Violations of this chapter are in addition to any other violation enumerated within this
Code and in no way limit the penalties, actions, or abatement procedures which may be
taken by the City for any violation of this chapter which is also a violation of any other
provisions of this Code or statutes of the state.
Sec. 3-404. - Each day separate violation.
Each day any violation of any provision of this chapter, or the failure to perform any
act or duty required by this chapter, continues shall constitute a separate offense.
Sec. 3-405. - Inspections.
(a) The Airport Manager shall enforce the provisions of this chapter, and is hereby
authorized and directed to make inspections in the normal course of job duties; or
in response to a complaint that an alleged violation of the provisions of this chapter
may exist; or when there is a reason to believe that a violation of this chapter has
been or is being committed.
(b) The Airport Manager may enter onto any property, or into any building or premises,
at all reasonable times to inspect or to perform the duties imposed upon the Airport
Manager by this chapter, provided that if such property, building, or premises is
occupied, the Airport Manager shall present credentials to the occupant and
request entry. If such property, building, or premises is unoccupied, the Airport
Manager shall first make a reasonable effort to locate the owner or other Person
having charge or control of the property, building, or premises and request entry.
If entry is refused, the Airport Manager has recourse to every remedy provided by
law to secure entry.
(c) When the Airport Manager shall have first obtained a proper inspection warrant or
other remedy provided by law to secure entry, no owner, occupant, or Person
having charge, care, or control of any property, building, or premises shall fail or
neglect, after proper request is made as herein provided, to promptly permit entry
by the Airport Manager for the purpose of inspection and examination pursuant to
this chapter.
(d) No Person shall interfere with, prevent, or attempt to interfere with or prevent an
individual employed by the City or other person contracted for by the City, from
investigating an alleged violation of this chapter, or from abating a violati on of this
chapter.
Sec. 3-406. - False information.
No Person shall knowingly make a false or fraudulent statement, or knowingly
misrepresent a fact, or mislead an individual employed by the City or other person
contracted for by the City, when that individual is investigating or abating a violation of
this chapter.
Sec. 3-407. - Service of notices.
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(a) Any notice required to be given for any purposes under this chapter to the City
shall be given by the Airport Manager or his designee by hand-delivery; by mailing
the notice by certified mail, return receipt requested; by email, return receipt
requested; or by facsimile transmission.
(b) Notice is deemed effective on the date it is hand-delivered, deposited in the United
States mail, emailed, or faxed.
(c) Nothing herein shall preclude the City from giving additional oral or written notice
at its discretion. If the City does elect to give any additional notice in any instance,
it shall not thereby become obligated to give such additional notice thereafter in
the same or other situation.
Sec. 3-408—3-500. - Reserved.
DIVISION 2. - DENIAL OF USE
Sec. 3-501. - Denial grounds.
(a) The Airport Manager may deny access to, and deny the use and privileges of, the
Airport or any of its facilities to any Person:
(1) Who violates this chapter or any rules, regulations, or minimum operating
standards promulgated hereunder;
(2) Whose action would place the Airport in violation of 49 U.S.C. § 47160 et seq.,
14 C.F.R. Part 1 et seq., or the FAA Grants and Assurances (see 14 C.F.R.
Part 152); or
(3) Who violates any future conditions which the City may impose by appropriate
process or any federal statute or regulations hereafter enacted.
(b) The Person to whom the aircraft is registered is responsible for the acts of all
Persons (including, but not limited to, all agents, employees, and pilots) to whom
control, operation, or any authority to use said aircraft is granted. The involvement
of said aircraft in any act or omission that violates any of the above -enumerated
laws, statutes, ordinances, rules, regulations, minimum operating standards, or
other conditions may result in one (1) or more enforcement actions by the City.
(c) The Airport Manager may deny access for up to five (5) years. After the denial
period ends, a Person may request access, but the Airport Manager may continue
to deny access if denial is in the best interests of the Airport. A denial may be
appealed to the Airport Appeals Board as set forth in sections 3-504 and 3-505.
(d) Notwithstanding the provisions of this section, the Airport Manager may summarily
deny Airport access, effective immediately, pending the hearing specified in
section 3-503, to any Person for whom probable cause exists to believe the Person
committed an act or omission relating to dangerous refueling, dangerous aircraft
or vehicle operation, lack of insurance, theft of or damage to property, assault and
battery, or such other act or omission as may constitute a danger to the health,
safety, or welfare of any individual or the public in general.
Sec. 3-502. - Denial procedure.
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(a) Upon probable cause to believe that a Person has committed acts constituting
grounds for denial of access, the Airport Manager shall provide the affected party
with notice of an order to show cause why access should not be denied. The notice
shall give at least seventy-two (72) hours’ notice of the hearing date and list the
grounds for the possible denial of access.
(b) Persons subject to subsection 3-501(d) shall be provided a hearing as soon as
reasonably practical but in no event shall said hearing be delayed more than
seventy-two (72) hours after the effective time of the denial of access, except upon
mutual agreement of the Airport Manager and the affected party.
Sec. 3-503. - Denial hearing.
Except for the summary denial of access under subsection 3-501(d), access to, and
the use and privileges of, the Airport or any of its facilities shall be denied at the date and
time of the hearing if the affected party fails to appear to contest the denial. The affected
party shall have the right to present evidence and cross -examine any witnesses. The
hearing shall be informal and the rules of evidence shall not apply. The Airport Manager
may rule on the denial of use at the close of the evidence and argument, but, in any case,
shall enter a ruling within ten (10) calendar days after the completion of the hearing. The
Airport Manager shall notify the affected party in accordance with section 3-407. Pending
any appeal to the Airport Appeals Board, the Airport Manager's denial of access shall be
effective immediately if the ruling is made by the Airport Manager at the time of the
hearing, or upon notice of the ruling when the ruling is made after the hearing.
Sec. 3-504. - Appeal.
(a) A person may appeal the denial of use to the Airport Appeals Board by filing a
written notice of appeal with the Airport Manager not later than ten (10) calendar
days after the Airport Manager has taken the action to be appealed from. The right
to appeal is waived if the notice of appeal is not timely filed. Excep t as provided
under subsection 3-501(d), the timely filing of an appeal shall stay enforcement of
the denial of access until the appeal is finally determined by the Airport Appeals
Board.
(b) This division contains all the appellate relief to which an aggrieved party is entitled
through City procedures. The exhaustion of appellate remedies at the City level
does not preclude an aggrieved party from seeking any other remedies provided
by law.
Sec. 3-505. - Appeal procedure.
(a) Upon receipt of a written notice of appeal, the Airport Appeals Board shall set an
appeal hearing within ten (10) calendar days and shall give notice of the hearing
as provided in this division.
(b) When required in the interest of fairness, the Airport Appeals Board may grant
continuances of the hearing, but all hearings on denial of access shall be heard
not later than thirty (30) calendar days from the date on which the notice of appeal
was filed.
(c) Except for the summary denial of access under subsection 3-501(d), access to,
and the use and privileges of the Airport or any of its facilities shall be denied at
Chapter 3 Page 14 October 9, 2019
the date and time of the hearing unless the affected party or the party's counsel
appears to contest the denial.
(d) An appellant may be represented by counsel at the hearing and the City may be
represented by the City Attorney. Formal rules of evidence shall not apply. Both
the appellant and the City shall have the right to present evidence through
testimony or exhibits and to cross-examine witnesses. The Airport Appeals Board
shall preside over the proceedings and shall determine the order and manner of
proof.
(e) At the conclusion of the hearing, the Airport Appeals Board shall rule on the appeal
and notify the appellant of the ruling in accordance with section 3-407, within ten
(10) calendar days after the hearing, unless all parties stipulate that additional time
is required to render a decision. The Airport Appeals Board's decision shall be
supported by a preponderance of evidence. The decision of the Airport Appeals
Board is final unless the Council Airport Committee initiates review in accordance
with section 3-124.
(f) Except for the summary denial of access under subsection 3-501(d), the denial of
access shall be effective immediately if the ruling is made by the Airport Appeals
Board at the time of the hearing, or upon notice of the ruling when the ruling is
made after the hearing.
Sec. 3-506. - Settlement agreements.
(a) After the Airport Manager denies access to, and the use and privileges of the
Airport or any of its facilities, and before the Airport Manager enters a ruling, the
Airport Manager and affected Person may enter into a settlement agreement to
allow access.
(b) After the affected person appeals the denial of access to the Airport Appeal Board,
and before the Airport Appeals Board enters a ruling, the Airport Appeals Board
and the affected person may enter into a settlement agreement to allow access.
Secs. 3-507—3-600. - Reserved.
DIVISION 3. - SANCTIONS; PROCEDURES
Sec. 3-601. - Remedies.
The Airport Manager, the City Attorney's office, and the City Manager, or their
designees, may pursue any or all of the remedies provided in this article.
Sec. 3-602. - Jurisdiction of City court.
(a) Jurisdiction of all proceedings to enforce the provisions of this chapter shall be in
the Denton municipal court.
(b) Civil actions commenced in the Denton municipal court to enforce this chapter may
be adjudicated by a judge or a court hearing officer.
Sec. 3-603. - Civil violation; commencement of action.
(a) A civil violation may be commenced by issuance of a citation or by complaint.
Chapter 3 Page 15 October 9, 2019
(b) The citation shall be substantially in the same form as a Traffic Citation and shall
direct the defendant to appear in municipal court within ten (10) calendar days after
issuance of the citation.
(c) The citation shall further notify the defendant that failure to appear on or before the
date specified in the complaint will result in the entry of a judgment by default
against the defendant, and the court may, in its discretion, impose a civil sanction
not to exceed two hundred fifty dollars ($250.00).
(d) Service of the citation/complaint may be accomplished and shall be deemed
proper and complete by any of the following methods:
(1) By having the defendant sign the citation/complaint with a promise to appear
in court within ten (10) calendar days of the issuance of the citation/complaint;
(2) By hand delivering a copy of the citation/complaint to the defendant ;
(3) By mailing a copy of the citation/complaint to the person charged by certified
or registered mail, return-receipt requested, to the person's last known
address; or
(4) In the event service cannot be accomplished as set forth in (d)(1), (2) or (3),
the City may serve the defendant by any means allowed by the Texas Rules
of Civil Procedure.
Sec. 3-604. - Civil citation, authority to issue.
The Airport Manager, the City Attorney, or the City Manager, or their designees, may
issue a civil citation pursuant to this chapter.
Sec. 3-605. - Appearance by defendant.
The defendant shall, within ten (10) calendar days of the issuance of the citation or
summons and complaint, appear in person or through the defendant's attorney in the
municipal court and shall either admit or deny the allegations contained in the citation. If
the defendant admits the allegations, the court shall enter judgment against the defendant
and impose a civil sanction for the violation not to exceed two hundred fifty dollars
($250.00), and may, in its discretion, deny defendant use of the Airport pursuant to section
3-612. If the defendant denies the allegations contained in the citation, the court shall set
the matter for hearing.
Sec. 3-606. - Default judgment.
If a defendant fails to appear as directed on the civil citation or complaint or at the
time set for hearing by the court, the allegations in the civil citation or complaint shall be
deemed admitted and the court shall enter judgment against the defendant and impose
a civil sanction for the violation not to exceed two hundred fifty dollars ($250.00), and
may, in its discretion, deny defendant use of the Airport pursuant to section 3-612.
Sec. 3-607. - Rules of procedure for civil violations.
The Texas Rules of Criminal Procedure shall be followed by the Denton Municipal
Court for civil violations of this chapter, except as modified or where inconsistent with the
provisions of this chapter.
Sec. 3-608. - Civil sanctions.
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Upon a finding of responsible to a civil violation, the court shall impose a civil sanction
not to exceed two hundred fifty dollars ($250.00).
Sec. 3-609. - Rules of procedure for criminal violations.
The Texas Rules of Criminal Procedure shall be followed by the Denton Municipal
Court for criminal violations of this chapter, except as modified or where inconsistent with
provisions of this chapter.
Sec. 3-610. - Criminal penalty.
Upon a conviction of a misdemeanor the court may impose a penalty in accordance
with subsection 1-8(a) of this Code and state law for class c misdemeanors.
Sec. 3-611. - Restitution.
In addition to any civil sanction or criminal penalty provided for in this article, any
Person violating this chapter shall be liable for all costs which may be associated with the
City's rectifying any violation of this chapter. The court shall impose restitution in addition
to any civil sanction or criminal penalty.
Sec. 3-612. - Denial of Airport use.
In addition to any civil sanction or criminal penalty provided for in this article, the court
may issue an order suspending the right of any person violating this chapter to use the
Airport or any of its facilities.
Secs. 3-613—3-700. - Reserved.
DIVISION 4. - LICENSE AND PERMIT REVOCATION
Sec. 3-701. - Revocation grounds.
The Airport Manager may revoke any license or permit issued pursuant to this
chapter, upon the happening of any of the following events:
(1) A violation of the terms of such license or permit, of any provision of this
chapter, or any rules, regulations, or minimum operating standards
promulgated pursuant to this chapter;
(2) Falsification of any application or other information provided to the City under
this chapter;
(3) Any action which would place the Airport in violation of 49 U.S.C. § 47160 et
seq., 14 C.F.R. Part 1 et seq., or the FAA Grants and Assurances (see C.F.R.
Part 152); or
(4) A violation of any future rules, regulations, minimum operating standards , or
other conditions which the City may impose by appropriate process or any
federal statute or regulation hereafter enacted.
Sec. 3-702. - Revocation procedure.
Upon probable cause to believe that the licensee or permittee has committed acts
constituting grounds for revocation as provided in section 3-701, the Airport Manager shall
provide the affected party with notice of an order to show cause why the license or permit
should not be revoked. The notice shall give at least seventy-two (72) hours’ notice of the
hearing date and list the grounds for the possible revocation. The affected party shall
Chapter 3 Page 17 October 9, 2019
have the right to present evidence and cross-examine any witnesses. The hearing shall
be informal and the rules of evidence shall not apply. Except for the summ ary suspension
under subsection 3-703(c), the license or permit revocation is effective at the date and
time of the hearing if the affected party fails to appear to contest the revocation.
Sec. 3-703. - Revocation hearing.
(a) The Airport Manager may rule at the close of the evidence and argument, but shall
enter a ruling within ten (10) calendar days of the completion of the hearing. Upon
the decision of revocation, the aggrieved party shall forthwith surrender the subject
license or permit.
(b) After a revocation, any Person responsible for the acts constituting the ground for
the revocation shall be ineligible to reapply for a like license or permit within an
appropriate period of time as determined by the Airport Manager. A partnership,
corporation, company, or association which has as a partner, officer, stockholder,
or member ineligible for reapplication as provided by this subsection shall itself be
ineligible for a like period.
(c) Notwithstanding the provisions of (b) of this section, the Airport Manager may
summarily suspend, effective immediately, pending a revocation hearing, the
license or permit of any Person for whom probable cause exists to believe he/she
committed an act relating to dangerous refueling, dangerous aircraft or vehicle
operation, lack of insurance, theft of or damage to property, assault and battery, or
such other act or omission as may constitute danger or threat to the health, safety,
or welfare of any Person or the public in general. The affected party shall be
provided a hearing as soon as reasonably practical but in no event shall said
hearing be delayed more than seventy-two (72) hours after the effective time of
the summary suspension, except upon mutual agreement of the Airport Manager
and the affected party.
Sec. 3-704. - Appeal.
(a) An aggrieved party may appeal the denial of a license or permit renewal or
revocation to the Airport Appeals Board by filing a written notice of appeal with the
Airport Manager not later than ten (10) calendar days after the Airport Manager
has taken the action to be appealed from. The right to appeal is waived if the notice
of appeal is not timely filed. Except as provided under subsection 3-703(c), the
timely filing of an appeal shall stay enforcement of the revocation until the appeal
is finally determined by the Airport Appeals Board.
(b) This division contains all the appellate relief to which an aggrieved party is entitled
through City procedures. The exhaustion of appellate remedies at the City level
does not preclude an aggrieved party f rom seeking any other remedies provided
by law.
Sec. 3-705. - Appeal procedure.
(a) Upon receipt of a written notice of appeal, the Airport Appeals Board shall set an
appeal hearing within ten (10) calendar days and shall give notice of the hearing
as provided in this division.
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(b) When required in the interest of fairness, the Airport Appeals Board may grant
continuances of the hearing, but all hearings on license or permit revocations and
suspensions shall be heard not later than thirty (30) calendar days from the date
on which the notice of appeal was filed.
(c) An appellant may be represented by counsel at the hearing and the City may be
represented by the City Attorney. Formal rules of evidence shall not apply. Both
the appellant and the City shall have the right to present evidence through
testimony or exhibits and to cross-examine witnesses. The Airport Appeals Board
shall preside over the proceedings and shall determine the order and manner of
proof. Except for the summary suspension under subsection 3-703(c), the license
or permit revocation is effective at the date and time of the hearing unless the
affected party or the party's counsel appears to contest the revocation.
(d) At the conclusion of the hearing, the Airport Appeals Board shall rule on the appeal
and notify the appellant of the ruling in accordance with section 3-407, within ten
(10) calendar days after the hearing, unless all parties stipulate that additional time
is required to render a decision. The Airport Appeals Board's de cision shall be
supported by a preponderance of evidence. The decision of the Airport Appeals
Board is final unless the Council Airport Committee initiates review in accordance
with section 3-124.
(e) Except for summary suspension under subsection 3-703(c), the revocation shall
be effective immediately if the ruling is made by the Airport Appeals Board at the
time of the hearing, or upon notice of the ruling when the ruling is made after the
hearing.
(f) The licensee or permittee shall surrender all revoked licen ses and permits to the
Airport Appeals Board at such time as the revocation becomes effective.
Sec. 3-706. - Settlement agreements.
(a) After the Airport Manager revokes or suspends a license or permit, and before the
Airport Manager enters a ruling, the Airport Manager and affected person may
enter into a settlement agreement regarding the license or permit.
(b) After the affected Person appeals the revocation to the Airport Appeals Board, and
before the Airport Appeals Board enters a ruling, the Airport Appeal s Board and
the affected Person may enter into a settlement agreement regarding the license
or permit.
Secs. 3-707—3-800. - Reserved.
DIVISION 5. - ABATEMENT OF VIOLATIONS
Sec. 3-801. - Abatement in lieu of or in addition to other actions.
(a) In addition to or in lieu of denial of access or filing a civil or criminal complaint, the
City may file notice to abate any violation of this chapter. Such abatement shall
proceed independently of any denial of access or civil or criminal violation filed
pursuant to this chapter.
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(b) If any Person, served a notice to abate by the City pursuant to this chapter, fails to
comply with such notice or order, the City may abate the conditions subject to the
notice.
(c) If the City elects to abate the violation, the Airport Manager or his designee shall
prepare a verified statement as to the actual cost of abating the violation, and shall
add an additional fifteen (15) percent for costs of inspection and other incidental
costs associated with abating the violation. The statem ent shall be sent in
accordance with section 3-407, to the owner(s) or other Person(s) upon whom the
notice to abate or order was served. That statement shall further set forth the
following:
(1) The person has fifteen (15) calendar days from the date of the statement to
pay; and
(2) Appeal procedures.
Sec. 3-802. - Emergency abatement.
If a situation presents an imminent danger or threat to the health, safety, or welfare
of any Person or the public in general, the City may issue a notice to abate directing the
responsible Person to take such immediate action as is appropriate to abate the
emergency. In addition, the City may act to abate the emergency. In the event the City is
unable to contact the responsible person, such inability in no way affects the City's right
to abate the emergency. The responsible Person shall be granted a review before the
Airport Appeals Board on the matter upon that Person's request, as soon as practicable,
but such appeal shall in no case stay the abatement of such emergency.
Sec. 3-803. - Notice to abate.
(a) If, after an inspection, the City finds one (1) or more violations of this chapter, and
the City elects to use the abatement process, the City shall, in writing, notify the
owner, or agent for the owner.
(b) The notice to abate shall set forth the following information:
(1) The owner has fifteen (15) calendar days from service of notice in accordance
with section 3-407 to abate the violation;
(2) Identification of the property in violation by st reet address if known, and if
unknown, then by book, map and parcel number;
(3) Statement of the violation in sufficient detail to allow a reasonable person to
identify and correct the violation(s);
(4) Reinspection date and time;
(5) Name, address, and phone number of the City inspector who sent the notice
to abate;
(6) A warning stating that, if the violations are not corrected within the fifteen (15)
calendar day period, the City can abate the problem and assess the owner the
cost of such abatement and record a lien on the property for the assessment;
(7) Appeal procedures; and
Chapter 3 Page 20 October 9, 2019
(8) The fifteen (15) calendar day notice set forth in this section shall not apply to
emergency abatements pursuant to section 3-802.
Sec. 3-804. - Appeal of notice to abate.
(a) Any notice to abate or any assessment can be appealed to the Airport Appeals
Board.
(b) An appeal must be filed within fifteen (15) calendar days of the service of the notice
to abate or the assessment and must be filed with the Airport Manager's office.
(c) Failure of a Person entitled to appeal under this chapter to timely file an appeal
shall constitute a waiver of the right to appeal and such Person shall be estopped
to deny the validity of any notice or assessment which could have been timely
appealed.
(d) The notice of appeal shall set forth, in writing, the Person's reasons for believing
no violation of the chapter has occurred or that the assessment is excessive.
(e) The individual appealing shall accompany the written appeal with an appeal fee of
twenty-five dollars ($25.00), such sum to be deposited in the Airport enterprise
fund of the City.
(f) In case of financial hardship, the fee may be suspended by the Airport Manager
until the decision on appeal is rendered. The Airport Appeals Board may waive the
fee upon a finding of financial hardship.
Sec. 3-805. - Procedure on appeal.
(a) The Airport Appeals Board shall set a hearing date for review of the appeal within
forty (40) calendar days of the receipt of notice of appeal by the Airport Manager.
(b) The Airport Appeals Board shall take testimony from all parties to the appeal. The
hearing shall be informal and the rules of evidence shall not apply. The parties
may, if they choose, be represented by an attorney.
(c) The Airport Appeals Board shall prepare a written summary of the hearing and
shall set forth the decision reached. A decision shall be rendered and s ent in
accordance with section 3-407 to all parties to the appeal within fifteen (15)
calendar days of the hearing. The decision of the Airport Appeals Board is final
unless the Council Airport Committee initiates review in accordance with section
3-124.
Sec. 3-806. - Abatement variances and time extensions.
(a) Any Person may request a variance or time extension of a notice to abate or an
assessment. Such request shall be made to the Airport Appeals Board.
(b) The same time limits for filing and written requirement that appear in section 3-704
on appeals applies to this section.
(c) The procedure shall be the same as set forth in section 3-705.
(d) The Airport Appeals Board may grant a variance only where it is determined that
all of the following apply:
Chapter 3 Page 21 October 9, 2019
(1) Special circumstances or conditions apply to this appeal application such as
hardship;
(2) Authorization of the variance is necessary for the preservation and enjoyment
of substantial property rights; and
(3) Authorization of the variance will not be materially detrimental to Persons
residing or working in the vicinity, to adjacent property, to the neighborhood or
to the public welfare in general.
(e) If a variance is granted by the Airport Appeals Board, the conditions in paragraph
(d) allowing the variance and the extent of the variance shall be explicitly stated.
(f) The Airport Appeals Board may grant one (1) extension of the time limit set forth
in section 3-803. Such extension shall not exceed one hundred eighty (180)
calendar days. The extension period granted by the Airport Appeals Board starts
to run on the day the Airport Appeals Board issues a decision pursuant to section
3-805(c). The Airport Appeals Board may grant an extension only where it is shown
that:
(1) It would create a hardship to comply with the decision within the fifteen (15)-
day period of section 3-803; and
(2) The moving party presents a plan that is approved by the Airport Appeals
Board, by which said party will comply with the decision within no more than
one hundred eighty (180) calendar days.
Sec. 3-807. - Appeal from decision of Airport Appeals Board.
Any party aggrieved by a decision of the Airport Appeals Board may seek review by
the Council Airport Committee in accordance with section 3-124.
Sec. 3-808. - Stay of order during appeal.
Except for orders to vacate or violations presenting an imminent hazard, the timely
filing of an appeal shall stay enforcement of a notice to abate or assessment until the
appeal is finally determined by the Airport Appeals Board.
Sec. 3-809—3-900. - Reserved.
December 11, 2019
Denton Enterprise Airport DTO
AIRPORT ADMINISTRATION OFFICE
5000 AIRPORT RD.
DENTON, TEXAS 76210
(940) 349-7736
AIRPORT
RULES AND REGULATIONS
Airport Rules and Regulations i December 11, 2019
REVISIONS
REVISION NO. DATE SECTION
Airport Rules and Regulations ii December 11, 2019
Table of Contents
ARTICLE 1 DEFINITIONS .................................................................................................................4
ARTICLE 2 GENERAL USE OF AIRPORT .........................................................................................8
Section 2-1. Purpose of rules and regulations. .............................................................................8
Section 2-2. Conflicting laws, ordinances, regulations and contracts. ........................................8
Section 2-3. Responsible party. ...................................................................................................8
Section 2-4. Minimum operating standards. ................................................................................8
Section 2-5. Closing of airport. ....................................................................................................8
Section 2-6. Aircraft parking. ......................................................................................................9
Section 2-7. Aircraft hangars. ....................................................................................................10
Section 2-8. Aircraft T-hangars. ................................................................................................10
Section 2-9. Aircraft tiedowns. ..................................................................................................11
Section 2-10. Aircraft washing. .................................................................................................11
Section 2-11. Airport perimeter road. ........................................................................................11
Section 2-12. Smoking areas. ....................................................................................................11
Section 2-13. Restricted areas. ...................................................................................................12
Section 2-14. Access codes/devices. ..........................................................................................12
Section 2-15. Self-services. .......................................................................................................12
Section 2-16. Aircraft maintenance. ..........................................................................................12
Section 2-17. Maintenance of premises. ....................................................................................12
Section 2-18. Floor and apron care. ...........................................................................................13
Section 2-19. Waste containers and disposal. ............................................................................13
Section 2-20. Storage. ................................................................................................................13
Section 2-21. Storage, transfer and cleanup charges. ................................................................13
Section 2-22. Model aircraft, kites, fireworks, etc. ....................................................................13
Section 2-23. Commercial photography. ...................................................................................14
Section 2-24. Advertisements. ...................................................................................................14
Section 2-25. Animals. ...............................................................................................................14
Section 2-26. Firearms, explosives, etc. ....................................................................................14
Section 2-27. Disorderly conduct, intoxicating liquors, etc. .....................................................14
Section 2-28. Property damage, injurious or detrimental activities. ..........................................15
Section 2-29. Alteration of airport property. .............................................................................15
Section 2-30. Lost articles. ........................................................................................................15
Section 2-31. Abandoned property. ...........................................................................................15
Section 2-32. Temporary permits. .............................................................................................15
ARTICLE 3 AIRCRAFT RULES ........................................................................................................16
Section 3-1. Landing and takeoff of aircraft. .............................................................................16
Section 3-2. Aircraft wingspan restrictions. ..............................................................................16
Section 3-3. Traffic patterns and noise abatement procedures. .................................................16
Section 3-4. Traffic pattern altitudes. ........................................................................................16
Section 3-5. Qualifications to operate aircraft. ..........................................................................16
Section 3-6. Disabled aircraft. ...................................................................................................16
Section 3-7. Negligent operation of aircraft. .............................................................................17
Section 3-8. Required aircraft equipment. .................................................................................17
Section 3-9. Motorless aircraft. ..................................................................................................17
Section 3-10. Running of aircraft engines. ................................................................................17
Section 3-11. Aircraft engine run-ups. .......................................................................................17
Airport Rules and Regulations iii December 11, 2019
Section 3-12. Exhaust and propeller blast. ................................................................................17
Section 3-13. Taxiing of aircraft. ...............................................................................................17
Section 3-14. Common air traffic advisory frequency. .............................................................18
Section 3-15. Aircraft accident reports. .....................................................................................18
Section 3-16. Refusal of clearance or use. .................................................................................18
Section 3-17. Interfering or tampering with aircraft. .................................................................18
Section 3-18. Aerobatic flying. ..................................................................................................18
ARTICLE 4 VEHICLES, PEDESTRIANS, ETC. ..................................................................................19
Section 4-1. General requirements. ............................................................................................19
Section 4-2. Licensing, registration and insurance. ...................................................................19
Section 4-3. Control of vehicles. ...............................................................................................20
Section 4-4. Speed limits. ..........................................................................................................20
Section 4-5. Vehicles operating in the movement area. ............................................................20
Section 4-6. Authority to remove vehicles. ...............................................................................20
Section 4-7. Bicycles, scooters and miscellaneous vehicles. .....................................................20
Section 4-8. Motor homes, boats, recreational vehicles, and trailers. .......................................21
Section 4-9. Vehicle accidents. ..................................................................................................21
Section 4-10. Careless operation, driving while intoxicated, etc. ..............................................21
Section 4-11. Parking restrictions. .............................................................................................21
Section 4-12. Volunteer Assistance. ..........................................................................................22
Section 4-13. Pedestrians in the airside area. .............................................................................22
Section 4-14. Pedestrians soliciting rides. .................................................................................22
Section 4-15. Vehicle repair. .....................................................................................................22
Section 4-16. Airport Security. ..................................................................................................22
ARTICLE 5 FUELING, FLAMMABLE FLUIDS, AND SAFETY ...........................................................23
Section 5-1. Fuel safety. ............................................................................................................23
Section 5-2. Unauthorized fuel possession and storage. ............................................................23
Section 5-3. Storage of aircraft fuel trucks, trailers and other aircraft refueling devices. .........23
Section 5-4. Aircraft fueling locations. ......................................................................................23
Section 5-5. Maintenance of fuel servicing vehicles. ................................................................23
Section 5-6. Open flame. ...........................................................................................................23
Section 5-7. Environmental spills and removal. ........................................................................24
Section 5-8. Lubricating oils. .....................................................................................................24
Section 5-9. Use of waste oil stations. .......................................................................................24
Section 5-10. Fire extinguishers. ...............................................................................................24
Section 5-11. Fuel storage tanks. ...............................................................................................25
Section 5-12. Moveable fuel storage tanks. ...............................................................................25
Section 5-13. Self-fueling. .........................................................................................................26
Section 5-14. Vehicle fuel. ........................................................................................................26
Section 5-15. Fueling of non-aviation vehicles. ........................................................................26
Airport Rules and Regulations Page 4 December 11, 2019
ARTICLE 1 DEFINITIONS
The following words and phrases, whenever used in these rules and regulations, shall be
construed as defined in this article unless from the context a different meaning is intended, or
unless a different meaning is specifically defined and more particularl y ascribed to the use of such
words or phrases. All definitions contained in 49 U.S.C. § 40101 et seq. (previously known as the
Federal Aviation Act of 1958, hereinafter cited as “FAA Act”) and all amendments thereto shall
be considered as included herein; and all definitions shall be interpreted on the basis and intention
of the FAA Act and amendments thereto unless from the context a different meaning is intended,
or unless a different meaning is specifically defined and more particularly ascribed to the use of
such words or phrases.
Abandon, as applied to property left at the airport, means that it has been left on city property
or the property of another without consent of the city for forty-eight (48) hours without the owner
moving or claiming it. Such property shall be impounded by the city police department.
Accident means a collision or other contact between any part of an aircraft or a vehicle, person,
stationary object or other thing which results in property damage, personal injury, or death; or an
entry into or emerging from a moving aircraft or vehicle by a person which results in personal
injury or death to such person or some other person or which results in property damage.
Aeronautical activity means any activity or service which involves, makes possible, or is
required for the operation of aircraft, or contributes to, or is required for, the safety of such
operations. “Aeronautical activities” include, but are not limited to, charter operations (under either
Federal Aviation Regulation (FAR) Part 121 or 135), charter brokerage, aircraft hangar leasing,
pilot training, aircraft rental and sight-seeing, aerial photography, crop dusting, fire suppression,
aerial advertising and surveying, aircraft sales, leasing and servicing, aircraft management, and
sale of aviation petroleum products, whether or not conducted in conjunction with other included
activities which have a direct relationship to the operation of aircraft, repair and maintenance of
aircraft, sale of general aviation aircraft parts, and any other activities which because of their
relationship to the operation of aircraft can appropriately be regarded as an “aeronautical activity.”
Air traffic means aircraft in operation anywhere in the airspace and on that area of the airport
normally used for the movement of aircraft.
Aircraft means any device intended to be used, or designed, to navigate, or fly in the air.
Aircraft fuel means all flammable liquids composed of a mixture of selected hydrocarbons
expressly manufactured and blended for the purpose of effectively and efficiently operating: (a)
an internal combustion engine; or (b) a jet or turbine engine.
Aircraft operation means an aircraft arrival at, or departure from, the airport.
Aircraft parking and storage areas means those hangar and apron locations of the airport
designated by the airport manager for the parking and storage of aircraft, and such areas of the
airport designated for aircraft maintenance, engine run-up, and self-fueling.
Airport Rules and Regulations Page 5 December 11, 2019
Airport means all of the city-owned or leased real or personal property comprising Denton
Enterprise Airport as now exists or as may hereafter be expanded and developed. “Airport”
includes all of its facilities as shown on the most current airport layout plan.
Airport Advisory Board means the duly appointed seven (7) member airport advisory board of
the city.
Airport business permit means administrative approval issued by the airport manager to a
person to conduct commercial aeronautical activity and provide such services to based and
transient aircraft on the airport only in facilities on the airport at which such services are
authorized.
Airport Manager means the duly appointed manager of the airport or the manager’s designee.
Airport traffic control tower means the control tower located at the airport.
Airside means the area of the airport that is either contained within the airport perimeter fence,
or which requires access through a controlled access point.
Amateur-built aircraft means aircraft built by individuals and licensed by the Federal Aviation
Administration (FAA) as “Experimental.”
Based aircraft means an aircraft: (1) which the owner physically locates at the airport with no
present intention of definite and early removal and with the purpose to remain for an undetermined
period; (2) which, whenever absent from the airport, its owner intends to return to the airport for
permanent storage or parking; and (3) whose presence on the airport is something other than
merely transitory in nature.
Based location means the location on the airport, which is listed as an aircraft’s hangar or tie
down location as registered with the airport manager.
Commercial activity means the conduct of any aspect of a business, concession or service in
order to provide goods or services to any person for compensation. An activity is considered
commercial activity regardless of whether the business is nonprofit, charitable, or tax-exempt.
Fuel handling means the transportation, delivery, fueling, and draining of fuel or fuel waste
products, and the fueling of aircraft.
Fuel storage area means any portion of the airport designated temporarily or permanently by
the city as an area in which gasoline or any other type of fuel may be stored or loaded
General aviation means all phases of aviation other than aircraft manufacturing, military
aviation, and scheduled or non-scheduled commercial operations.
Hazardous material means any hazardous or toxic substance, waste or material:
(a) the presence of which requires investigation, removal and/or remediation under any
federal, state or local statute, regulation, ordinance, order, action, policy or common law;
Airport Rules and Regulations Page 6 December 11, 2019
(b) which is or becomes subject to regulation under any federal, state or local statute,
regulation, rule or ordinance or amendments thereto including, without limitation, the
Texas Hazardous Waste Management Act, the Resource Conservation and Recovery Act,
42 U.S.C. § 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq., and
the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
§ 9601 et seq.);
(c) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic,
mutagenic, teratogenic, or otherwise hazardous, and is or becomes regulated by any
governmental authority, agency, department, commission, board, agency or
instrumentality of the United States, the State of Texas or any political subdivision thereof;
or
(d) which, without limitation, contains trichloroethene (“TCE”), 1,1,1 - trichloroethane
(“TCA”), 1,1 - dichloroethene (“DCE”), tetrachloroethene (“PCE”), 1,2-dichloroethene,
chloroform, gasoline, diesel fuel, propane or other petroleum hydrocarbons,
polychlorinated biphenyls ("PCBs"), asbestos, urea formaldehyde foam insulation or radon
gas.
Landside means the general public common use areas of the airport such as public roadways,
parking lots and buildings which are not contained in the airside area.
Local aircraft operations means aircraft operating in the local air traffic pattern or within sight
of the air traffic control tower; aircraft that are known to be departing for, or arriving from flight
in local practice areas located within a twenty-five (25) mile radius of the air traffic control tower;
or aircraft making simulated instrument approaches or low passes at the airport.
Major aircraft alterations and repair means major alterations and/or repairs of the parts or of
the types listed in FAR Part 43x.A.a and 43x.A.b.
Movement area means the runways, taxiways and other areas of the airport which require
permission from air traffic control prior to entering. The designation of movement areas shall
apply at all times including hours when the airport traffic control tower is closed.
Owner of an aircraft means a person who holds legal title to an aircraft, or any person having
exclusive possession of an aircraft pursuant to a written lease.
Park or parking means the standing of an aircraft or vehicle, whether occupied or not.
Pedestrian means any person traveling on foot.
Permission or permit means permission granted by the city.
Person means the state, county, a political subdivision of the state, other governmental entity,
a corporation, firm, partnership, association, organization, and any other group acting as a unit, as
well an individual. Person includes a trustee, receiver, assignee or similar representative.
Airport Rules and Regulations Page 7 December 11, 2019
Preventive aircraft maintenance means maintenance that is not considered a major aircraft
alteration or repair and does not involve complex assembly operations as listed in FAR Part
43x.A.c.
Public area means those areas normally used by the general public, including structures and
devices such as roadways, sidewalks and terminal facilities that are maintained and kept at the
airport for use by the general public.
Roadway means any street or road whether improved or unimproved, within the boundaries of
the airport and set aside or designated for use by vehicles, whether dedicated or not.
Smoking means burning or carrying any lighted cigarette, tobacco or any other weed or plant,
or placing any burning tobacco, weed or plant in an ashtray or other receptacle and allowing smoke
to diffuse into the air.
Taxilane means the portion of the airport apron area, or any other area, used for access between
taxiways and aircraft parking and storage areas.
Taxiway means a defined path established for the taxiing of aircraft from one part of the airport
to another.
Technical specialist means a technical representative of an aircraft manufacturer, aircraft
engine manufacturer, aircraft appliance manufacturer, or a non-destructive inspection specialist.
Traffic pattern means the traffic flow that is prescribed for aircraft landing at, taxiing on, or
taking off from the airport.
Vehicle means a device, except aircraft, in, upon, or by which any person or property is or may
be propelled or moved, except a device moved by human power.
Vehicle parking area means any portion of the airport designated and made available
temporarily or permanently for the parking of vehicles as designated by pavement markings or as
approved by the Airport Manager.
Airport Rules and Regulations Page 8 December 11, 2019
ARTICLE 2 GENERAL USE OF AIRPORT
Section 2-1. Purpose of rules and regulations.
Rules and regulations provided in this document and any amendments thereto (hereinafter
referred to as “regulations”), adopted pursuant to chapter 3 of the Code of Ordinances, are intended
for the safe, orderly and efficient operation of the airport, and apply to all persons using the airport
for any reason.
Section 2-2. Conflicting laws, ordinances, regulations and contracts.
(a) In any case where a provision of these regulations is found to be in conflict with any other
provision of these regulations adopted hereunder or in conflict with a provision of any
zoning, building, fire, safety, health or other ordinance, code, rule, or regulation of the city,
the provision which establishes the higher standard for the promotion and protection of the
health and safety of the people shall prevail.
(b) In cases where two (2) or more provisions of these regulations are in conflict, the most
stringent or restrictive shall prevail.
(c) It is not intended by these regulations to repeal, abrogate, annul, or in any way impair or
interfere with existing provisions of other laws, ordinances, codes, rules or regulations
except those specifically repealed by these regulations, or to excuse any person from
performing obligations to the city under any lease or other contract.
(d) No existing or future city contract, lease agreement or other contractual arrangement, nor
any payment or performance thereunder, shall excuse full and complete compliance with
these regulations. Compliance with these regulations shall not excuse full and complete
compliance with any obligations to the city under any existing or future city contract, lease,
agreement or other contractual arrangement.
(e) Compliance with these regulations does not excuse failure to comply with any other law.
Section 2-3. Responsible party.
Any person accessing the airport shall be responsible for their actions and all actions of any
person to whom they provide access, whether directly or indirectly.
Section 2-4. Minimum operating standards.
Prior to commencing any aeronautical or commercial activities at the airport, all persons shall
comply with all applicable requirements concerning such activities as are set forth in the Denton
Enterprise Airport Minimum Operating Standards.
Section 2-5. Closing of airport.
In the event the airport manager believes the conditions of the airport are unsafe for landing or
takeoffs, it shall be within the manager’s authority to close the entire airport or any part thereof.
Airport Rules and Regulations Page 9 December 11, 2019
Section 2-6. Aircraft parking.
(a) No person shall park, leave parked, or allow to remain stationary any aircraft at the airport
except within an aircraft parking and storage area.
(b) No person shall park an aircraft in a based aircraft parking and storage area without
applying for and obtaining an approved aircraft storage permit/agreement; and
(c) Any person who parks an aircraft city-operated aircraft parking and storage areas shall
remit to the city all applicable parking fees until such time as the person applies for and
obtains an approved aircraft storage permit/agreement.
(d) The prolonged storage of damaged/dismantled aircraft or aircraft that appear to be un-
airworthy in aircraft tiedowns or other unscreened areas of the airport shall not exceed
thirty (30) calendar days after written notification from the airport manager. The aircraft
owner is required to diligently correct such condition as soon as possible to prevent an
unsightly airport appearance.
(e) If any aircraft is parked in violation of this section or, in the determination of the airport
manager, presents an operational or safety concern in any area of the airport, the airport
manager may cause the aircraft, at the owner’s/operator’s expense, to be moved by a
representative of a fixed base operator or other 3rd party. The city shall not be liable for
any damages which may result from the relocation of the aircraft.
(f) The airport manager may immobilize an aircraft by installing on the aircraft a propeller
lock or by such other suitable means under any of the following circumstances:
1. Failure to apply for and obtain an approved aircraft storage permit/agreement, and until
such time as the aircraft owner/operator applies for and obtains the approved
permit/agreement and remits all fees and charges due the city in accordance with
Section 3-116 of the Code of Ordinances. Under these circumstances, the aircraft
owner shall be provided a hearing as soon as reasonably practical, but in no event shall
said hearing be delayed more than seventy-two (72) hours after the immobilization of
the aircraft, except upon mutual agreement of the airport manager and the aircraft
owner. The hearing and any subsequent appeal shall be conducted generally in
accordance with the procedures set forth in Section 3-501 et seq. of the Code of
Ordinances.
2. Upon revocation of an aircraft storage permit/agreement pursuant to Section 3-701 et
seq. of the Code of Ordinances, and until such time as the aircraft owner/operator remits
all fees and charges due the city in accordance with Section 3-116 of the Code of
Ordinances.
3. If, in the determination of the airport manager, the aircraft presents an operational
safety concern in any area of the airport, or otherwise constitutes a danger to the health,
safety, or welfare of any individual or the public in general, and until such time as the
Airport Rules and Regulations Page 10 December 11, 2019
aircraft no longer presents such health, safety or welfare concerns. Under these
circumstances, the aircraft owner shall be provided a hearing as soon as reasonably
practical, but in no event shall said hearing be delayed more than seventy-two (72)
hours after the immobilization of the aircraft, except upon mutual agreement of the
airport manager and the aircraft owner. The hearing and any subsequent appeal shall
be conducted generally in accordance with the procedures set forth in Section 3-501 et
seq. of the Code of Ordinances.
Section 2-7. Aircraft hangars.
(a) Aircraft storage hangars shall only be used for the following purposes:
1. Storage and parking of aircraft and associated aircraft equipment and supplies as
described in the Denton Enterprise Airport General Aviation Hangar Handbook and as
approved by the city fire department and airport manager. Aircraft parked in hangars
shall be parked in a manner so as to be completely contained in the aircraft parking
space and not obstruct adjacent aircraft parking and storage areas or taxilanes, except
for purposes of immediate and temporary staging and fueling of such aircraft.
2. Parking of vehicles in accordance with section 4-2.
(b) Use of aircraft storage hangars shall be subject to the following restrictions:
1. Major aircraft alterations and repairs may be performed in hangars as permitted by city
lease agreement, city fire code, and/or certificate of occupancy.
2. Where no personnel exit is provided, the hangar doors shall remain open thirty-six (36)
inches while the hangar is occupied by any person.
3. Oily rags, oil wastes, rags and other hazardous materials may only be stored in
containers with secondary containment and self-closing, tight-fitting lids as approved
by the airport manager or city fire department.
(c) Aircraft hangars shall be subject to annual and periodic inspections by the airport manager
and city fire department to ensure compliance with all laws, ordinances and these
regulations.
Section 2-8. Aircraft T-hangars.
In addition to the provisions contained in section 2-7, the following restrictions apply to T-
hangars:
(a) Preventive aircraft maintenance may be conducted in T-hangars.
(b) Oxygen or any combustible compressed gas in a cylinder or portable tank must be secured
to a fixed location or secured to a portable cart designed for the cylinder(s) or tank(s).
Airport Rules and Regulations Page 11 December 11, 2019
Compressed gas cylinders or tanks must have pressure relief devices installed and
maintained. Cylinders or tanks not in use shall have a transportation safety cap installed.
(c) Batteries may be charged with a UL approved trickle charger or battery minder while the
owner, operator or tenant is not in attendance.
Section 2-9. Aircraft tiedowns.
Aircraft tiedowns shall only be used for storage and parking of aircraft in a manner so as to be
completely contained within the aircraft parking space and not obstruct adjacent aircraft parking
and storage areas or taxilanes, except for purposes of immediate and temporary staging and fueling
of such aircraft.
Section 2-10. Aircraft washing.
(a) All aircraft washing shall be conducted in accordance with posted rules, with biodegradable
soap, and without the use of solvents or degreasers, only:
1. At approved wash areas, or
2. By aircraft owners at the based location, or
3. By mobile aircraft washing services operators in accordance with their Approved Wash
Plan (AWP).
(b) City-owned wash areas shall only be used for the purposes of aircraft washing and
polishing.
(c) Runoff shall be collected and properly disposed o f in a manner acceptable to the airport
manager, in accordance with all federal, state, county and local law.
(d) In no case shall aircraft washing be conducted within fifty (50) feet of storm water drainage
or dirt/grass areas without containment (berm, tarp, etc.), nor shall wash/waste water be
disposed of in storm water drainage or dirt/grass areas.
Section 2-11. Airport perimeter road.
The airport perimeter road shall only be used by authorized vehicles with appropriate signage
as determined by the airport manager, which include all airport administration vehicles,
governmental vehicles, and other vehicles with prior written approval from the airport manager.
Section 2-12. Smoking areas.
No smoking shall be permitted:
(a) Airside
(b) Within fifty (50) feet of an aircraft, fuel truck and/or fuel storage area;
Airport Rules and Regulations Page 12 December 11, 2019
(c) Where specifically prohibited by the city.
Section 2-13. Restricted areas.
(a) No person shall enter the airside area, except as necessary for the lawful use of an aircraft
thereon, or to conduct a permitted business activity and with the consent of the airport
manager.
(b) No person shall enter any area posted as being closed to the public, except with the consent
of the airport manager.
(c) No person shall enter into, remain in or place in, or remove any object from, any hangar,
or other building at the airport without prior written consent of the city or the person with
the legal right of possession of such building.
Section 2-14. Access codes/devices.
Persons who have been provided either a code or device for the purpose of obtaining access to
the airport shall only use airport-issued codes/devices and shall not divulge, duplicate, or otherwise
distribute the same to any other person, unless otherwise approved in writing by the airport
manager. Violation of the aforementioned regulation may result in the loss of access privileges
pursuant to chapter 3 of the Code of Ordinances.
Section 2-15. Self-services.
(a) Persons are permitted to fuel, wash, repair, or otherwise service their own based aircraft,
provided there is no attempt to perform such services for others and further provided that
such right is conditioned upon compliance with these regulations and all applicable laws.
(b) An aircraft owner may hire an individual to provide, under the direction and supervision
of the aircraft owner, services only on the owner’s based aircraft. Such services may only
be provided by a direct employee of the aircraft owner or a technical specialist.
Section 2-16. Aircraft maintenance.
Major aircraft alterations and repairs or activities associated with amateur-built aircraft are
prohibited on the airport except in hangars, where it can be demonstrated that the area of aircraft
maintenance is equipped with fire protection, oil/water interceptors into the sanitary sewer system,
or other preventative measures are taken as approved by the airport manager and fire department,
and are conducted by a person holding a valid airport business permit for such activity or the owner
of the amateur-built aircraft.
Section 2-17. Maintenance of premises.
All persons using the airport shall maintain their premises in a condition of repair, cleanliness
and general maintenance equal to that maintained by the city in comparable areas. All persons
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having possession, control or use of any portions of the airport shall at all times maintain such
premises in clean, serviceable, safe and operable condition and repair.
Section 2-18. Floor and apron care.
All tenants on the airport shall keep the floors of hangars and tiedowns leased by them, or used
in their operations, clean and clear of fuel, oil, grease and other similar materials.
Section 2-19. Waste containers and disposal.
All airport tenants, users, or visitors shall dispose of all waste in the appropriate waste
containers. Types of waste containers and the location of waste accumulation areas shall be
designated by the airport manager and no other containers or areas shall be used. Containers for
recyclable materials shall be used in strict accordance with the rules posted for such use. Waste
water shall not be disposed of in storm water drainage or dirt/grass areas under any circumstances.
Waste water may be disposed of in sanitary sewer or sink drains, unless the waste water contains
petroleum or hazardous materials or hazardous waste. No petroleum products, industrial waste
matter, batteries, or other hazardous materials shall be dumped or otherwise disposed of except in
accordance with local, county, state and federal law, including, but not limited to, the Texas
Hazardous Waste Management Act, the Resource Conservation and Recovery Act, 42 U.S.C. §
6901 et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., and the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. Any
hazardous waste shall be the responsibility of the originator under all applicable law.
Section 2-20. Storage.
No person shall store or stock materials, equipment, or disabled aircraft outside a hangar or
building.
Section 2-21. Storage, transfer and cleanup charges.
Pursuant to chapter 3 of the Code of Ordinances the city may remove and impose storage,
removal and transfer charges upon any property unlawfully located at the airport. The city may
clean up any material unlawfully spilled, placed or otherwise deposited at the airport and may
charge the responsible person(s) for the cost of the cleanup, any required environmental
remediation, and any expenses incurred by, or fines or damages imposed on, the city as a result
thereof.
Section 2-22. Model aircraft, kites, fireworks, etc.
No person shall fly or release a model aircraft, rocket, kite, fireworks, balloon, parachute, etc.,
within two (2) miles of the airport if such activity would create a hazard to aircraft operations, or
as otherwise determined by the airport traffic control tower or the airport manager.
Airport Rules and Regulations Page 14 December 11, 2019
Section 2-23. Commercial photography.
No person shall take still, motion or sound pictures of, or at, the airport for commercial
purposes without first receiving a duly-authorized film permit from the city, written approval from
the airport manager, and paying the appropriate fee(s).
Section 2-24. Advertisements.
No person shall post, distribute or display signs, advertisements, circulars, printed or written
matter at the airport without written permission from the airport manager.
Section 2-25. Animals.
No person shall enter the airport with a dog or other animal unless restrained by a leash or
properly confined as determined by the airport manager. No person in charge of a dog or other
animal shall permit the animal to wander unrestrained on any portion of the airport.
Section 2-26. Firearms, explosives, etc.
(a) No person, except a sworn law enforcement officer, member of the Armed Forces of the
United States on official duty, or persons holding a valid concealed carry weapons permit
pursuant to Texas Administrative Rules R13-9-101 through R13-9-113., shall possess any
firearms on the airside, except firearms that do not contain live ammunition, are in an
enclosed case, and are intended for immediate transport off the airport.
(b) No person, except a sworn law enforcement officer or member of the Armed Forces of the
United States on official duty shall possess any firearms in the terminal building pursuant
to Texas Administrative Rules R13-9-101 through R13-9-113., except firearms that do not
contain live ammunition, are in an enclosed case, and are intended for immediate transport
off the airport.
(c) No person, except a sworn law enforcement officer or member of the Armed Forces of the
United States on official duty, shall possess any explosives on the airport.
(d) No person, other than those in the above-excepted classes, shall store, keep, handle, use,
dispense or transport at, in, or upon the airport any class A or class B explosives, any
radioactive substance or material (except for minimum amounts of radioactive substances,
such as radioactive paint illuminating instrument dials), without prior written authorization
from the airport manager.
Section 2-27. Disorderly conduct, intoxicating liquors, etc.
(a) No person shall:
1. Commit any disorderly, obscene or unlawful act or commit any nuisance on the airport.
2. Drink any intoxicating liquor upon any portion of the airport open to the public, except
in such restaurant facilities as may be lawfully established or other place as shall be
Airport Rules and Regulations Page 15 December 11, 2019
properly designated and licensed for on-sale liquor dispensing by the county or for the
purpose of a special event that has received a special event permit where alcohol has
been approved by the city.
3. Become intoxicated on any portion of the airport.
(b) No intoxicated person shall enter upon or loiter on or about the airport, any of its facilities,
or any city-owned property.
Section 2-28. Property damage, injurious or detrimental activities.
No person shall destroy, deface, injure or disturb in any way airport property or conduct at the
airport activities that are injurious, detrimental or damaging to airport property or to activities and
business of the airport. Any person causing, or liable for any damage shall be required to pay the
city on demand the full cost of repairs. Any person failing to comply with this section shall be in
violation of these regulations and may be refused the use of any airport facility until the city has
been fully reimbursed for damage done.
Section 2-29. Alteration of airport property.
No person shall make any alterations to any signs, buildings, aircraft parking and storage areas,
leased areas or other airport property, nor erect any signs, buildings or other structures without
prior written permission of the airport manager. Any construction on the airport must be approved
in writing by the airport manager. Such persons shall comply with all building codes and permit
procedures of the city and shall deliver to the airport manager as-built plans upon completion.
Section 2-30. Lost articles.
Any person finding lost articles in public areas of the airport shall immediately deposit them
at the office of the airport manager or, if after normal business hours, with an airport staff member
or security officer on duty at the airport. Articles unclaimed after thirty (30) calendar days may
be turned over to the finder or otherwise disposed of in a legal manner.
Section 2-31. Abandoned property.
No person shall abandon any property on airport property or in any building on the airport.
Section 2-32. Temporary permits.
(a) Notwithstanding any rules and regulations to the contrary, the airport manager shall have
authority to issue temporary permits and to establish procedures related thereto. A
temporary permit shall only be issued when in the best interests of the City and when
issuance will not adversely affect the public health, safety and general welfare.
Airport Rules and Regulations Page 16 December 11, 2019
ARTICLE 3 AIRCRAFT RULES
Section 3-1. Landing and takeoff of aircraft.
(a) Except in an emergency, all fixed wing aircraft landings and takeoffs shall be made on the
runway.
(b) No aircraft shall make a one-hundred eighty (180) degree turn after landing on a runway
unless instructed to do so by the airport traffic control tower.
(c) Landing aircraft shall clear the runway as soon as practical, consistent with safety, taxiing
ahead to the nearest turn-off.
(d) Except in an emergency, no rotorcraft equipped with skid-type landing gear shall perform
run-on landings or any other maneuver that would cause the skids to slide upon the runway
surface.
Section 3-2. Aircraft wingspan restrictions.
Aircraft operators shall operate at their own risk in areas where the aircraft’s wingspan exceeds
the maximum approved wingspan designation for that area as specified by the airport manager or
as published.
Section 3-3. Traffic patterns and noise abatement procedures.
(a) Arrivals and departures to and from the airport shall avoid flight over populated,
residential, or noise sensitive areas whenever possible, consistent with safety.
(b) Operators are requested to use NBAA standard noise abatement departure procedures.
Section 3-4. Traffic pattern altitudes.
Traffic pattern altitude above ground level (AGL) for all aircraft operations at the airport is
eight hundred (800) feet (AGL).
Section 3-5. Qualifications to operate aircraft.
Operators of aircraft entering or leaving the traffic pattern of the airport or using the movement
area for the purpose of landing, or taking off shall be holders of a valid, current pilot certificate
with rating appropriate to the type of aircraft operated and conditions under which they are
operating. Reciprocal certificates issued by foreign governments are acceptable if accepted by the
Federal Aviation Administration.
Section 3-6. Disabled aircraft.
Aircraft owners and pilots shall be responsible for the immediate removal of disabled aircraft
and parts thereof, unless required or directed by the airport manager or the Federal Aviation
Administration to delay such action pending an investigation of an accident. If in the determination
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of the airport manager, the disabled aircraft presents an operational or safety concern in any area
of the airport, the airport manager may cause the aircraft, at the owner’s/operator’s expense, to be
moved by a representative of a fixed base operator or other 3 rd party. The city shall not be liable
for any damages which may result from the relocation of the aircraft.
Section 3-7. Negligent operation of aircraft.
No aircraft shall be operated within the city in a careless, negligent or reckless manner, or in
disregard of the rights and safety of others, or in an unmaintained or otherwise hazardous
condition, or without due caution and circumspection, or while any person controlling the aircraft
would be prohibited by law from operating an automobile on the public streets with the city due
to alcohol or drug influence or impairment, or at a speed or in a manner which endangers, or is
likely to endanger, persons or property.
Section 3-8. Required aircraft equipment.
No aircraft shall land or take off at the airport unless it is equipped with brakes and a
functioning radio capable of direct two-way communications with the air traffic control tower,
except in the case of an emergency or with prior consent of air traffic control.
Section 3-9. Motorless aircraft.
No motorless aircraft may land or take off at the airport without prior written permission of the
airport manager and having complied with all sections of FAR Part 103.
Section 3-10. Running of aircraft engines.
Aircraft engines shall only be run at idle except as may be necessary for safe taxiing operations,
taking off, landing, preflight testing, and maintenance testing. All engine run-ups for maintenance
testing purposes shall be performed in accordance with section 3-11 of these regulations. At no
time shall an aircraft’s engine(s) be operated while the aircraft is in a hangar.
Section 3-11. Aircraft engine run-ups.
All aircraft maintenance and preflight engine run-ups shall be conducted in the appropriate
run-up areas.
Section 3-12. Exhaust and propeller blast.
No aircraft engine shall be started or aircraft taxied where the exhaust or propeller blast may
cause injury to persons or do damage to property or spread debris on the airside area.
Section 3-13. Taxiing of aircraft.
No person shall taxi an aircraft without first taking all necessary precautions to prevent a
collision with other aircraft, persons or objects. Aircraft shall not be taxied into or out of any
hangar, or other covered area. No person shall taxi an aircraft except on areas designated for
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taxiing. If it is impossible to taxi aircraft in compliance with this section, then the engine must be
shut off and the aircraft towed to the new location.
Section 3-14. Common air traffic advisory frequency.
During hours when the airport traffic control tower is not in operation, aircraft operators shall
utilize the common air traffic advisory frequency, 119.95 MHz, to broadcast their intentions and
operate the pilot controlled lighting system as provided in the Aeronautical Information Manual
(AIM) Official Guide to Basic Flight Information and ATC Procedures.
Section 3-15. Aircraft accident reports.
Any persons involved in an aircraft accident occurring on the airport, within the city, or that
involves aircraft which departed from or were enroute to the airport, shall make a full report thereof
to the airport manager as soon after the accident as possible, but in no event later than the time
required for reporting the accident to the FAA or to any other governmental agency, or within
forty-eight (48) hours of the accident, whichever is sooner. The report shall include the names and
addresses of the persons involved, and a description of the accident and its cause. When a written
report of an accident is required by federal or state law, regulation, or agency, a copy of such report
shall also be submitted to the airport manager.
Section 3-16. Refusal of clearance or use.
The airport manager may delay or restrict any flight or other operations at the airport and may
refuse takeoff or landing clearance to any aircraft for any reason believed to be justifiable.
Section 3-17. Interfering or tampering with aircraft.
No person shall interfere or tamper with any aircraft or put in motion the engine of such aircraft,
or use any aircraft, aircraft parts, instruments or tools without permission of the owner, or under
the specific direction of the airport manager in an emergency.
Section 3-18. Aerobatic flying.
No person shall conduct aerobatic flying over any portion of the city, unless in conjunction
with a city approved airshow or event.
Airport Rules and Regulations Page 19 December 11, 2019
ARTICLE 4 VEHICLES, PEDESTRIANS, ETC.
Section 4-1. General requirements.
No person shall operate a vehicle on the airport except in accordance with the rules prescribed
by the airport manager and all federal, state and local law.
(a) Vehicles shall only be operated airside in a manner that complies with these regulations.
1. No person shall operate airside without an approved driver permit for that vehicle
operator or;
2. A person without an approved driver permit shall be permitted to operate a vehicle
airside while being monitored by a business or facility that has a vehicle control plan
which has been approved by the airport manager. The vehicle control plan shall
include, but is not limited to, procedures for physical presence, physical barriers, visual
examination, and verbal or written instructions.
(b) Vehicles shall access all airport facilities and businesses from the landside public parking
areas for said facility or business.
(c) Vehicles shall obtain access to, and depart from, aircraft parking and storage areas via the
gate specified in the driver permit.
(d) When a gate is out-of-service, vehicles shall access a secondary gate as specified by the
out-of-service notification.
(e) Vehicles shall yield right of way to aircraft in motion and emergency vehicles.
(f) No vehicles shall operate in a careless, negligent or reckless manner nor pass closer than
fifty (50) feet to the rear of taxiing aircraft.
(g) No vehicles shall operate in a careless, negligent or reckless manner nor approach closer
than fifty (50) feet to any aircraft whose engines are running, excluding ground service and
emergency vehicles.
(h) All vehicles, upon entering or exiting an airport access gate, shall wait for the gate to
completely close behind them before proceeding to their destination so as to not allow the
entry of an unauthorized vehicle.
Section 4-2. Licensing, registration and insurance.
(a) No person shall operate a vehicle of any kind on the airport without a current motor vehicle
operator’s license.
(b) All vehicles shall maintain the appropriate type and amount of vehicle liability insurance
required by state law.
Airport Rules and Regulations Page 20 December 11, 2019
Section 4-3. Control of vehicles.
No person shall operate or park a vehicle at the airport in a manner prohibited by signs,
pavement markings, or other signals posted by the city or by regulations under this article. The
airport manager has plenary power to regulate or prohibit any class or type of vehicle or any other
type or class of wheeled vehicle or other form of transport that operates in the airside area.
Section 4-4. Speed limits.
All vehicles shall be operated in strict compliance with all posted speed limits at the airport.
The maximum speed limit for all vehicles in the airside area, with the exception of authorized
municipal vehicles in the performance their official duties, is fifteen (15) miles per hour or less if
conditions warrant in order to ensure safe operation.
Section 4-5. Vehicles operating in the movement area.
(a) No vehicle shall be operated in the movement area unless so authorized in writing by the
airport manager.
(b) Any vehicle authorized to operate in the movement area shall display a rotating or steady
beacon that complies with FAA Advisory Circular 150/5210-5, as amended, and is visible
to the air traffic control tower personnel. Exceptions to this rule must be authorized in
writing by the airport manager.
(c) All vehicles that are authorized to operate in the movement area must be equipped with a
two-way aviation radio, receive a clearance from, and remain in continuous
communications with, the airport traffic control tower. The installation of a two-way radio
does not permit the operation of vehicles in the movement area without prior written
permission of the airport manager. If vehicles are not equipped with radios, prior
arrangements must be made with the airport manager. Additionally, all vehicle operators
shall be conversant with the standard airport light gun signals.
Section 4-6. Authority to remove vehicles.
The airport manager may cause to be removed from any area of the airport any vehicle which
is disabled, abandoned, parked in violation of these regulations, or which presents an operational
problem to any area of the airport, at the operator’s expense and without liability for damage which
may result in the course of such movement.
Section 4-7. Bicycles, scooters and miscellaneous vehicles.
No person shall use airside any go-cart, go-ped, skateboard, rollerblade, all-terrain vehicle or
other vehicle not licensed or otherwise permitted by state law for operation on a public street or
highway. This section does not pertain to city vehicles or vehicles used solely for tugging,
marshaling, or refueling aircraft. On a case-by-case basis, and with the prior written approval of
the airport manager, bicycles or other modes of transportation may be used on the airport.
Airport Rules and Regulations Page 21 December 11, 2019
Section 4-8. Motor homes, boats, recreational vehicles, and trailers.
Motor homes, boats, recreational vehicles, and trailers shall not be stored anywhere on the
airport unless in accordance with a city-approved lease or with the written consent of the airport
manager.
Section 4-9. Vehicle accidents.
The driver of any vehicle involved in an accident on the airport which results in injury or death
to any person, or damage to any property, shall immediately stop such vehicle at the scene of the
accident; render reasonable assistance to a person injured in the accident, including making
arrangement for the caring of the person to a physician, surgeon or hospital for medical or surgical
treatment if it is apparent that treatment is necessary or if the caring is requested by the injured
person; and give his name, address and operator’s license and registration number to the person
injured, the airport manager and to any police officer or witnesses of the accident. The operator
of such vehicle shall make a report of such accident in accordance with state law and provide a
copy of same to the airport manager.
Section 4-10. Careless operation, driving while intoxicated, etc.
No vehicle shall be operated at the airport or upon any area thereof:
(a) In a careless, negligent or reckless manner;
(b) In disregard of the rights and safety of others;
(c) Without due caution or circumspection;
(d) At a speed or in a manner which endangers or is likely to endanger persons or property;
(e) While the driver would be prohibited by law from operating an automobile upon the public
streets of the city due to drug or alcohol impairment or influence;
(f) If the vehicle is so constructed, equipped or loaded as to endanger or be likely to endanger
persons or property, or to result in the load or other materials becoming separated from the
vehicle;
(g) Without operating headlights, tail lights, turn signals, and brake lights during hours of
darkness or during inclement weather; or
(h) In a manner that does not allow the vehicle to be immediately driven or towed away from
any nearby aircraft.
Section 4-11. Parking restrictions.
(a) No person shall park or leave any vehicle standing, whether occupied or not, except within
a designated parking area.
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(b) Aircraft owners, operators, and guests shall only park their vehicle in the aircraft storage
area when the aircraft is not present.
(c) Vehicles parked in an aircraft storage area shall be parked in a manner so as to be
completely contained in the aircraft storage space and not obstruct adjacent aircraft parking
and storage areas, or taxilanes unless for the purposes of immediate and temporary loading,
unloading, or staging of an aircraft.
Section 4-12. Volunteer Assistance.
No person shall enter the airside area of the airport for the purposes of attending, observing or
assisting at the scene of an accident except persons authorized by law or otherwise requested or
with consent of the airport manager.
Section 4-13. Pedestrians in the airside area.
No person shall walk, stand, or loiter in the airside area if such activity is determined to be an
operational, security, or safety concern as determined by the airport manager.
Section 4-14. Pedestrians soliciting rides.
No person shall solicit aircraft rides from any area of the airport.
Section 4-15. Vehicle repair.
No person shall clean or make any repairs to vehicles anywhere on the airport, other than in
designated shop areas, except those minor repairs necessary to remove such vehicles from the
airport. No person shall move, interfere or tamper with any vehicle, or put in motion the engine,
or take, or use any vehicle part, instrument or tool thereof, without the written permission of the
owner or satisfactory evidence of the right to do so duly presented to the airport manager.
Section 4-16. Airport Security.
The owner/operator or any facility located on the airport perimeter shall at all times
maintain and comply with an airport facility security plan that has been approved by the airport
manager.
Airport Rules and Regulations Page 23 December 11, 2019
ARTICLE 5 FUELING, FLAMMABLE FLUIDS, AND SAFETY
Section 5-1. Fuel safety.
All transportation, storage and other handling of aircraft and vehicle fuel shall comply with the
Uniform Fire Code, as amended, the National Fire Protection Association's codes and standards,
as amended, FAA Advisory Circular 150/5230-4, as amended, all requirements of these
regulations, and all other applicable law.
Section 5-2. Unauthorized fuel possession and storage.
Except as expressly permitted by these regulations, no person shall possess fuel at the airport.
Section 5-3. Storage of aircraft fuel trucks, trailers and other aircraft refueling devices.
(a) Aircraft refueling vehicles, other moveable aircraft fuel containers and refueling devices
shall be stored outside and not less than fifty (50) feet from a building or such other distance
as shall be approved by airport manager and city fire department.
(b) Aircraft refueling vehicles shall be parked in a manner that provides a minimum of ten (10)
feet of separation between said vehicles and any other vehicle or aircraft refueling device.
(c) No aircraft refueling vehicle, aircraft fuel container, or other aircraft refueling device,
empty or otherwise, shall be brought into, kept or stored within any building at the airport
unless the building is used exclusively for that purpose. This section does not apply to
vehicle fuel cans with a capacity of not more than five (5) gallons, provided no more than
one (1) such can may be located within a single vehicle, and not more than two (2) such
cans in any hangar.
Section 5-4. Aircraft fueling locations.
All aircraft fueling/defueling shall be performed outdoors. Aircraft being fueled/defueled shall
be positioned so that aircraft fuel system vents or fuel tank openings are not closer than twenty-
five (25) feet from any building or hangar unless otherwise approved by the airport manager and
city fire department.
Section 5-5. Maintenance of fuel servicing vehicles.
Maintenance and servicing of aircraft fuel servicing vehicles shall be performed outdoors or in
a building approved for that purpose by the fire department.
Section 5-6. Open flame.
There shall be no open flames in the airside area, within fifty (50) feet of any aircraft, fuel
truck, and/or fuel storage area, or where specifically prohibited by the city unless otherwise
approved by the airport manager and city fire department. The category of open flames and lighted
open-flame devices shall include, but shall not be limited to, the following:
Airport Rules and Regulations Page 24 December 11, 2019
(a) Exposed flame heaters, liquid, solid or gaseous devices, including portable and wheeled
gasoline or kerosene heaters and gas or charcoal grills;
(b) Heat-producing, welding, or cutting devices and blowtorches;
(c) Flare pots or other open-flame lights.
Section 5-7. Environmental spills and removal.
Persons shall not fuel an aircraft in a manner that overfills the tank(s) or causes the tank(s) to
leak fuel through its vent, and/or dumping fuel. In the event of spillage or dripping of gasoline,
oil, grease or any material that may be unsightly or detrimental to the airport, the same shall be
removed immediately and the incident reported to the airport manager within two (2) hours. The
responsibility for the immediate removal of such gasoline, oil, grease or other material shall be
assumed by the operator or owner of the equipment causing the same or by the tenant or
concessionaire responsible for the deposit. In the event of such spillage, and the failure of the
operator or owner to restore the area to its original safe and environmentally sound status, the city
may clean up any material unlawfully spilled, placed or otherwise deposited at the airport and may
charge the responsible person(s) for the cost of the cleanup, any required environmental
remediation, and any expenses incurred by, or fines or damages imposed on, the city as a result
thereof.
Section 5-8. Lubricating oils.
A total of sixty (60) gallons of lubricating oils which are necessary for aircraft maintenance
and have a flash point at or above one-hundred (100)° F, may be stored in hangars or other suitable
storage devices as approved by the airport manager, provided they are stored in their original
container and have original manufacturer’s labeling.
Section 5-9. Use of waste oil stations.
Waste oil stations shall be used solely for the disposal of waste aircraft engine oil, and for the
exclusive use of non-commercial general aviation tenants. No person shall place any vehicle
engine oil, solvents, cleaners, antifreeze, or any other material or substance in the receptacle. Any
person violating this section shall be responsible for all charges incurred during the proper disposal
of such waste. Waste oil stations shall be used in accordance with the rules posted at the station.
Section 5-10. Fire extinguishers.
(a) All tenants, lessees, licensees and permittees shall supply and maintain such adequate and
readily accessible fire extinguishers as may be required by the city fire department. Each
fire extinguisher shall carry a suitable tag showing the date of most recent inspection.
(b) At least two (2) fire extinguishers, each having a rating of at least 20-BC, shall be available
for use in connection with aircraft fuel handling operations.
Airport Rules and Regulations Page 25 December 11, 2019
Section 5-11. Fuel storage tanks.
Subject to the other requirements of these regulations, a person may possess fuel within a fuel
storage tank constructed, operated and maintained in all respects as required by federal, state,
county, and local law.
(a) Fuel so stored may be dispensed into any aircraft if operated and maintained by a fixed
base operator in accordance with the Airport Minimum Operating Standards.
(b) Fuel so stored in any other fuel storage tank must meet the following:
a. Be a minimum of a 10,000 gallon tank.
b. Submit fuel flowage fees as indicated in the Airport Rates and Fees Schedule.
c. Guarantee a minimum of 96,000 gallons per full or prorata share of the fiscal
year (October 1st – September 30th). Failure to meet the 96,000 gallons will
result an invoice for the balance of the minimal annual guarantee gallons
multiplied by the fuel flowage fee indicated in the Airports Rates and Fees
Schedule. This provision was originally adopted in Ordinance 2008-129 on
June 17, 2008, thus does not apply to fuel storages tanks install prior to the
adoption.
d. Meet the fueling safety, training, and insurance requirements for commercial
operators indicated in the Airport Minimum Operating Standards.
Section 5-12. Moveable fuel storage tanks.
Unless otherwise approved by the airport manager moveable fuel storage tanks are prohibited
at the airport except for:
(a) Fuel trucks constructed, operated and maintained in all respects as required by law.
(b) Permanent fuel tanks in an operable aircraft.
(c) Tanks not exceeding one (1) gallon capacity used solely for sampling and testing fuel,
engines and fuel handling apparatus.
(d) No more than one (1) tank with a capacity of not more than fifty-five (55) gallons used by
a person to fuel his own aircraft pursuant to a self-fueling permit.
(e) Tanks lawfully transporting fuel for immediate dispensing into a fuel storage tank
permitted by the city. Such vehicles shall access the airport at a point approved by the
airport manager and remain under escort by a representative of the company receiving the
fuel.
Airport Rules and Regulations Page 26 December 11, 2019
Section 5-13. Self-fueling.
Except as may be prohibited by other provisions of these regulations and any other applicable
law, owners of a based aircraft that desires to self-fuel their aircraft, shall apply for and receive a
self-fueling permit from the airport manager. The preceding sentence does not apply to the use of
a self-service fuel facility provided by a fixed base operator.
Section 5-14. Vehicle fuel.
No person shall possess vehicle fuel on the airport except:
(a) Within the permanently installed fuel tank of a vehicle for use only by that vehicle;
(b) Within a moveable container designed for storage of vehicle fuel and having a capacity of
not more than five (5) gallons. No more than one (1) moveable container containing
vehicle fuel shall be located in a single vehicle. No more than two (2) such containers shall
be located in any hangar. No such containers shall be located in a city-owned rental hangar.
(c) Within above ground storage tanks with a capacity of not more than two-thousand (2,000)
gallons, lawfully installed and maintained in accordance with section 5-1.
Section 5-15. Fueling of non-aviation vehicles.
Fueling of boats, motor homes, ATVs or other recreational vehicles is prohibited in the airside
area.
November 13, 2019
Denton Enterprise Airport
AIRPORT ADMINISTRATION OFFICE
5000 AIRPORT RD.
DENTON, TEXAS 76207
(940) 349-7736
AIRPORT MINIMUM OPERATING STANDARDS
DTO
L
Airport Minimum Operating Standards Page i November 13, 2019
REVISIONS
REVISION NO. DATE SECTION
Airport Minimum Operating Standards Page ii November 13, 2019
Table of Contents
TABLE OF CONTENTS ......................................................................................................... II
ARTICLE 1 DEFINITIONS; APPLICATION; WAIVER ...........................................................1
Section 1-1. Definitions. .................................................................................................1
Section 1-2. Application of minimum operating standards. ...........................................1
Section 1-3. Multiple activities by one commercial airport operator. ............................1
Section 1-4. Activities not covered by minimum operating standards. ..........................1
Section 1-5. Waiver or modification of standards. .........................................................2
ARTICLE 2 APPLICATION PROCESS ...................................................................................3
Section 2-1. Applications. ...............................................................................................3
Section 2-2. Processing; denial. ......................................................................................4
Section 2-3. Appeal Process. ..........................................................................................5
ARTICLE 3 GENERAL CONTRACTUAL PROVISIONS ...........................................................6
Section 3-1. General Provisions. .....................................................................................6
ARTICLE 4 INSURANCE .......................................................................................................7
Section 4-1. General insurance requirements. ................................................................7
Section 4-2. Additional or modified insurance required by city’s risk manager. ...........8
Section 4-3. Form; acceptance by city. ...........................................................................8
ARTICLE 5 GENERAL OPERATIONAL REQUIREMENTS .....................................................9
Section 5-1. Airport rules and regulations. .....................................................................9
Section 5-2. Taxiway access. ..........................................................................................9
Section 5-3. Right-of-entry reserved. .............................................................................9
Section 5-4. Rates and charges. ......................................................................................9
Section 5-5. Personnel, subtenants and invitees. ............................................................9
Section 5-6. Interference with utilities and systems. ......................................................9
Section 5-7. Fire equipment. ...........................................................................................9
Section 5-8. Vehicle Identification. ..............................................................................10
Section 5-9. Indemnification. ........................................................................................10
ARTICLE 6 FIXED BASE OPERATORS ...............................................................................11
Section 6-1. Statement of concept ................................................................................11
Section 6-2. Land and facility requirements ..................................................................11
Section 6-3. Hours of operation ....................................................................................12
Section 6-4. Subcontracting services; restrictions ........................................................12
Section 6-5. Minimum requirements of FBO services .................................................12
Section 6-6. Insurance ...................................................................................................14
Section 6-7. Airport fees ...............................................................................................14
ARTICLE 7. GENERAL AVIATION SPECIALTY SERVICES .................................................15
Section 7-1. Hangar leasing services. ...........................................................................15
Section 7-2. Aircraft sales services. ..............................................................................15
Airport Minimum Operating Standards Page iii November 13, 2019
Section 7-3. Aircraft maintenance and repair services. ................................................16
Section 7-4. Aircraft leasing or rental services. ............................................................17
Section 7-5. Flight training services. ............................................................................17
Section 7-6. Specialized aircraft repair services. ..........................................................17
Section 7-7. Aircraft charter services. ..........................................................................18
Section 7-8. Specialized commercial flying services. ..................................................19
Section 7-9. Aircraft management services. .................................................................19
Section 7-10. Mobile aircraft washing services ............................................................20
Section 7-11. Mobile aircraft maintenance and repair services. ...................................21
Section 7-12. On-Airport Rental Car Concession Services. .........................................22
Section 7-13. Flying clubs. ...........................................................................................22
Airport Minimum Operating Standards Page 1 November 13, 2019
Article 1 Definitions; Application; Waiver
Section 1-1. Definitions.
All definitions contained in chapter 3 of the Denton Code of Ordinances and the airport
rules and regulations are incorporated by reference into these minimum operating stand-
ards. For purposes of these minimum operating standards, all references to the “rules and
regulations” are to the airport rules and regulations.
Section 1-2. Application of minimum operating standards.
All persons conducting commercial aeronautical activities at the airport (hereinafter
referred to as commercial airport operator), shall, as a condition of conducting such activ-
ities, comply with all applicable requirements concerning such activities as set forth in
these minimum operating standards and any amendments thereto. The requirements set
forth herein are the minimum standards which are applicable to persons conducting com-
mercial aeronautical activities at the airport and all persons are encouraged to exceed such
minimum standards in conducting their activities. These minimum operating standards
shall be deemed to be a part of each commercial airport operator’s lease, license, permit or
agreement with or from the city unless any such provisions are waived or modified by the
city pursuant to section 1-5. The mere omission of any particular standard from a com-
mercial airport operator’s written lease, license, permit or agreement with the city shall not
constitute a waiver or modification of such standard in the absence of clear and convincing
evidence that the city intended to waive or modify such standard.
Section 1-3. Multiple activities by one commercial airport operator.
Whenever a commercial airport operator conducts multiple activities pursuant to one
lease, license, permit or agreement with the city, such commercial airport operator must
comply with the minimum standards set forth herein for each separate activity being con-
ducted. If the minimum standards for one of the commercial airport operator’s activities
are inconsistent with the minimum standards for another of the commercial airport opera-
tor’s activities, then the minimum standards which are most beneficial to the city, and/or
which are most protective of the public’s health, safety and welfare, shall apply.
Section 1-4. Activities not covered by minimum operating standards.
Any activities for which there are no specific minimum standards set forth herein shall
be subject to such standards and provisions as are developed by the airport manager on a
case-by-case basis and set forth in such commercial airport operator’s written lease, li-
cense, permit or agreement with or from the city and shall pay a fee in accordance with the
Airport Rates and Fees Schedule.
Airport Minimum Operating Standards Page 2 November 13, 2019
Section 1-5. Waiver or modification of standards.
The airport manager may waive or modify any portion of these minimum operating
standards for the benefit of any governmental agency performing non-profit public ser-
vices, fire protection or fire-fighting operations. The city manager or designee may waive
or modify any portion of these minimum operating standards for any person when it is
determined that such waiver or modification is in the best interest of the city and will not
result in unjust discrimination among commercial airport operators at the airport.
Airport Minimum Operating Standards Page 3 November 13, 2019
Article 2 Application Process
Section 2-1. Applications.
Any person who desires to conduct any commercial aeronautical activities at the airport
covered by these minimum operating standards shall, prior to conducting such activities,
submit an Airport Business Permit application to, and receive approval thereof, from the
airport manager. In addition to the following requirements, the airport manager may re-
quire the applicant to provide additional information which is necessary to ensure compli-
ance with the Denton Code of Ordinances, rules and regulations, and/or these minimum
operating standards. The applicant shall, at minimum, submit the following documentation
with the above-referenced application:
(a) A detailed description of the scope of the intended operations, including all services
to be offered;
(b) The amount of land, office space, and/or aircraft storage areas required for the op-
eration;
(c) A detailed description of any improvements or modifications to be constructed or
made to airport property, including cost estimates and a construction timetable, if
applicable;
(d) The proposed hours of operation;
(e) Documentation of the applicant’s financial capabilities to construct any improve-
ments and to conduct any proposed activities;
(f) One of the following:
1. If the applicant is a corporation, a copy of the articles of incorporation as filed
with the Corporation Commission;
2. If the applicant is a limited liability company, a copy of the articles of organi-
zation filed with the Corporation Commission;
3. If the applicant is a limited partnership, a copy of the certificate of limited part-
nership filed with the Secretary of State; or
4. If the applicant is a general partnership, a copy of the written partnership agree-
ment;
(i) An original copy of a certificate of insurance, in the amounts outlined hereunder,
naming the city as an additional insured;
(j) A copy of a lease/sublease or other agreement with the city or a bona fide airport
tenant;
Airport Minimum Operating Standards Page 4 November 13, 2019
(k) A copy of the applicant’s State of Texas Sales and Use Tax Permit;
(l) A rates and charges schedule of all services to be conducted at Denton Enterprise
Airport; and
(m) Copies of applicable Federal Aviation Administration (FAA) certificates.
Section 2-2. Processing; denial.
The airport manager, in accordance with Denton Code of Ordinances section 3-121,
shall be responsible for processing an application for a lease, license, permit or agreement
to conduct activities at the airport. Any lease, license, permit or agreement not meeting the
criteria outlined in Denton Code of Ordinances section 3-121 is subject to the approval of
the airport advisory commission and the city council. The airport manager may deny any
application if the airport manager determines that:
(a) The applicant does not meet the qualifications and standards set forth in chapter 3
of the Denton Code of Ordinances, the rules and regulations, or these minimum
operating standards;
(b) The proposed activities are likely to create a safety hazard at the airport;
(c) The activities will require the city to expend funds, or to supply labor or materials
as a result of the applicant’s activities, or will result in a financial loss to the airport;
(d) No appropriate space or land is available to accommodate the proposed activities;
(e) The proposed activities are not consistent with the airport’s master plan and/or air-
port layout plan;
(f) The proposed activities are likely to result in a congestion of aircraft or buildings,
a reduction in airport capacity, or an undue interference with airport operations or
the operations of any existing airport users at the airport;
(g) The applicant or any of its principals has knowingly made any false or misleading
statements in the course of applying for a lease, license, permit or agreement;
(h) The applicant or any of its principals has a record of violating chapter 3 of the
Denton Code of Ordinances, the rules and regulations, these minimum operating
standards, federal aviation regulations or any other applicable laws, ordinances,
rules or regulations;
(i) The applicant does not have the technical capabilities or experience or financial
resources to properly conduct the proposed activities;
(j) The applicant has not submitted appropriate documentation supporting the pro-
posed activity as outlined in section 2-1.
Airport Minimum Operating Standards Page 5 November 13, 2019
Section 2-3. Appeal Process.
The applicant shall have the ability to appeal the denial of an application by the airport
manager, subject to the following provisions:
(a) Providing written notice of appeal to the airport manager within ten (10) days of
said denial.
(b) The notice of appeal will be forwarded to the airport appeals board for review.
(c) Applicant shall be notified in writing of the date of the scheduled appeal review.
(d) Applicant shall be present at the appeal review to justify the applicant’s application.
If applicant is not present, the airport manager’s denial shall remain unchanged.
(e) The airport appeals board shall take comments from the applicant and the airport
manager.
(f) The airport appeals board shall render its decision in writing within ten (10) calen-
dar days of the conclusion of the hearing and the decision shall be final as to the
denial or approval of the application.
Airport Minimum Operating Standards Page 6 November 13, 2019
Article 3 General Contractual Provisions
Section 3-1. General Provisions.
Except as otherwise provided in chapter 3 of the Denton Code of Ordinances, all leases,
licenses, permits or agreements with the city which affect the airport are subject to the
following provisions:
(a) Rights to engage in specific activities at the airport are non-exclusive.
(b) Defense and indemnification of the city and its elected or appointed officials, offic-
ers, representatives, directors, commissioners, agents and employees from and
against all damages, claims, suits, actions, losses and expenses (including court
costs and reasonable attorney’s fees) for personal injury or death or for property
damage or loss arising out of the use of the airport;
(c) A termination clause allowing the city to terminate the commercial airport opera-
tor’s lease, license, permit or agreement no later than thirty (30) days after notice
of default is given to the commercial airport operator if the commercial airport op-
erator fails to cure its default within the thirty (30) day period, and allowing the city
to terminate the lease, license, permit or agreement immediately if the commercial
airport operator fails to maintain the required insurance.
(d) No improvements or modifications to airport property without the prior written
consent of the city and without posting appropriate payment and performance
bonds. Before commencing any improvements or modifications, the commercial
airport operator shall submit detailed construction plans and specifications to the
city. Upon completion of the construction, the commercial airport operator shall
provide the city with two (2) complete sets of detailed plans and specifications of
the work as completed. All improvements or modifications made to airport prop-
erty shall become the property of the city, at no cost to the city, upon termination
of the commercial airport operator’s lease, license, permit or agreement.
(e) No lease, license, permit, agreement, or any rights thereunder, shall be assigned
without the prior written consent of the city. The airport manager may require any
potential assignee to submit biographical and financial information at least thirty
(30) days prior to a proposed assignment.
(f) All structures must have a city-issued certificate of occupancy identifying approved
uses prior to commencing commercial activities.
(g) All FAA required provisions.
Airport Minimum Operating Standards Page 7 November 13, 2019
Article 4 Insurance
Section 4-1. General insurance requirements.
Except as otherwise provided in article 6 or article 7, each commercial airport operator
shall at all times maintain in effect the following types and minimum amounts of insurance
as applicable to the business to be conducted:
(a) Commercial General Liability insurance in the amount of $1,000,000 per occur-
rence and $2,000,000 annual aggregate. Such insurance shall contain contractual
liability insurance covering applicable leases, licenses, permits, or agreements, and
products-completed operations coverage.
(b) Commercial/business automobile liability insurance for all owned, non-owned and
hired vehicles assigned to or used in performance of commercial aeronautical ac-
tivities in the amount of a least $1,000,000 per occurrence. If any hazardous mate-
rial, as defined by any local, state or federal authority, is the subject, or transported,
in the performance of this contract, am MCS 90 endorsement is required providing
$5,000,000 per occurrence limits of liability for bodily injury and property damage.
(c) Special Causes of Loss/All Risk Property Form covering all improvements and fix-
tures on the commercial airport operator’s premises in an amount not less than the
full replacement cost thereof, to the extent of the commercial airport operator’s in-
surable interest in the premises.
(d) Worker’s compensation insurance as required by law and employers liability insur-
ance in the amount of $100,000 per accident, $100,000 disease per person,
$500,000 disease policy limit.
(e) Aircraft liability insurance in the amount of at least $1,000,000 per occurrence sin-
gle limit Bodily Injury and Property Damage Liability including Passenger Liabil-
ity in amount not less than $100,000 per person (per passenger seat).
(f) Hangar Keeper’s liability insurance in the amount of at least $1,000,000 per occur-
rence for propeller aircraft and $3,000,000 per occurrence for turbine/jet aircraft,
or more as values require.
(g) Products-completed operations liability insurance in the amount of at least
$1,000,000 per occurrence.
(h) If applicable, Lessee shall maintain Environmental Impairment Liability coverage
for any underground or aboveground fuel storage facility, tank, underground or
aboveground piping, ancillary equipment, containment system or structure used,
controlled, constructed or maintained by Lessee in the amount of $1,000,000 Each
Incident, $2,000,000 Aggregate. The policy shall cover on-site and off-site third
party bodily injury and property damage including expenses for defense, corrective
action for storage tank releases and tank clean-up for storage tank releases.
Airport Minimum Operating Standards Page 8 November 13, 2019
(i) All insurance policies cited herein shall contain a waiver of subrogation rights en-
dorsement with respect to the city.
Section 4-2. Additional or modified insurance required by city’s risk manager.
In addition to the types and amounts of insurance required by section 4-1, each com-
mercial airport operator shall at all times maintain such other insurance as the city’s risk
manager may reasonably determine to be necessary for such commercial airport operator’s
activities. The city’s risk manager may also modify the requirements based on market con-
ditions or other conditions warranting such modifications.
Section 4-3. Form; acceptance by city.
All insurance shall be in a form and from an insurance company with a Best’s financial
rating of at least B ++ VI. All policies, except worker’s compensation policy, shall name
the city and its elected or appointed officials, officers, representatives, directors, commis-
sioners, agents and employees as “Additional Insureds,” and the commercial airport oper-
ator shall furnish certificate of insurances evidencing the required coverage cited herein
prior to engaging in any commercial aeronautical activities. Such certificates shall provide
for unequivocal thirty (30) day notice of cancellation or material change of any policy lim-
its or conditions.
Airport Minimum Operating Standards Page 9 November 13, 2019
Article 5 General Operational Requirements
Section 5-1. Airport rules and regulations.
Each commercial airport operator shall abide by the Denton Code of Ordinances, rules
and regulations and any other documents established by the city for the safe, orderly and
efficient operation of the airport.
Section 5-2. Taxiway access.
If not already provided, each commercial airport operator conducting aeronautical ac-
tivities shall provide paved access from its leased premises to the airport’s taxiway/tax-
ilane/apron system. Such access shall meet all applicable FAA standards for the largest
aircraft type anticipated to use the commercial airport operator’s premises.
Section 5-3. Right-of-entry reserved.
The city reserves the right at all reasonable times to enter upon each commercial airport
operator’s premises for any lawful purpose, provided that such entry does not unreasonably
interfere with the commercial airport operator’s use of the premises.
Section 5-4. Rates and charges.
Each commercial airport operator may determine the rates and charges for all of its
activities and services, provided that such rates and charges shall be reasonable and fairly
applied to all of the commercial airport operator’s customers.
Section 5-5. Personnel, subtenants and invitees.
Each commercial airport operator shall employ a sufficient number of trained, on-duty
personnel to provide for the efficient, safe, orderly and proper compliance with its obliga-
tions under its lease, license, permit or agreement. Each commercial operator shall be
responsible for the actions of its personnel, subtenants and invitees. Each commercial air-
port operator shall conduct its operations in a safe, orderly, efficient and proper manner so
as not to unreasonably disturb, endanger or be offensive to others.
Section 5-6. Interference with utilities and systems.
No commercial airport operator shall do or permit to be done anything that may inter-
fere with the effectiveness or accessibility of any public utility system, drainage system,
sewer system, fire protection system, sprinkler system, alarm system or fire hydrant and
hoses.
Section 5-7. Fire equipment.
Each commercial airport operator shall supply and maintain such adequate and readily
accessible fire extinguishers and equipment as may be required by law and/or the city’s
fire department.
Airport Minimum Operating Standards Page 10 November 13, 2019
Section 5-8. Vehicle Identification.
Any vehicle used in the airside area must bear identification designating the commer-
cial airport operator to whom the vehicle is assigned. Letters shall be a minimum of three
(3) inches in height on a contrasting background and displayed in a manner that is accepta-
ble to the airport manager.
Section 5-9. Indemnification.
To the fullest extent permitted by law, any person accessing or using the airport
or any of its facilities, and the person’s successors, assigns, invitees, and guarantors,
shall indemnify, defend, pay and hold the city, its agents, employees, officials, directors,
officers, commissioners and representatives harmless from and against all claims, de-
mands, charges, penalties, obligations, fines, administrative and judicial actions or
proceedings, suits, liabilities, judgments, damages, losses, costs and expenses of any
kind or nature (including, but not limited to, attorney fees and expenses, expert wit-
ness and consultant fees and expenses, arbitration fees, court costs and the cost of
appellate proceedings) arising from said access or use, or from any other act or omission
of said person (and its employees, agents or anyone for whose acts or omissions said
person may be liable) including, without limitation, the discharge of any duties or the
exercise of any rights or privileges pursuant to this chapter or any regulations or mini-
mum operating standards promulgated hereunder. This section applies, without limi-
tation, to claims of personal injury, bodily injury, sickness, disease or death, and to
claims of property damage (including city property), destruction or other impairment
of every description (including, without limitation, loss of use), and to claims of envi-
ronmental property damage (including, without limitation, cleanup, response, re-
moval and remediation costs).
Airport Minimum Operating Standards Page 11 November 13, 2019
Article 6 Fixed Base Operators
Section 6-1. Statement of concept
(a) A fixed base operator means a person engaged in a wide range of commercial aer-
onautical activities on airport property including, at a minimum, the following:
1. Aircraft fueling and lubrication;
2. Aircraft line services;
3. Aircraft storage, parking, and tiedown; and
4. Provision of customary facilities, amenities, and ancillary services to general
aviation users including, at a minimum, the following: public restrooms, public
telephones, passenger waiting areas/lounges, conference rooms, crewmember
lounges, and weather briefing/flight planning services.
(b) A fixed base operator shall comply with all of the standards and requirements con-
tained in this article. In addition, a fixed base operator may engage in any general
aviation specialty service activity identified in article 7 (and which is not already
specifically required by this section) upon meeting all standards identified for the
specific activity, with the exception of those standards related to minimum required
office space.
Section 6-2. Land and facility requirements
Land and facilities shall be through lease, license, permit or agreement from the
City.
(a) Land: Four (4) acres of contiguous airport property.
(b) Apron: At least 100,000 square feet of either airport property or tenant developed
(not including any building area, automobile parking area, and fuel storage area) to
support aircraft operations. This area shall accommodate the following:
1. Airplane Design Group II aircraft (wingspans up to seventy-nine (79) feet);
2. Transient aircraft parking for ten (10) jet aircraft; and
3. Adequate area to simultaneously accommodate transient aircraft operations,
towing of aircraft to/from storage hangars, and staging of based aircraft.
(c) Building: 8,000 square feet with a minimum of 6,000 square feet dedicated to cus-
tomer service and support functions.
(d) Hangar Space: 24,000 square feet for transient aircraft storage.
Airport Minimum Operating Standards Page 12 November 13, 2019
Section 6-3. Hours of operation
Unless otherwise agreed to in writing by the airport manager, a fixed base operator
shall provide aircraft fueling and line services seven (7) days per week, from 6:00 a.m. to
10:00 p.m. The fixed base operator shall also be on-call twenty-four (24) hours per day
with after-hours response times of one (1) hour or less.
Section 6-4. Subcontracting services; restrictions
A fixed base operator may not subcontract any of the activities identified in section 6-
1. If the activity is not identified in section 6-1, a fixed base operator may subcontract any
activities described in article 7, provided that such subcontractor meets the requirements in
article 7 and operates from the fixed base operator’s premises and in such areas as are
approved by the airport manager.
Section 6-5. Minimum requirements of FBO services
(a) Aviation fueling.
1. A fixed base operator shall comply with the National Fire Protection Associa-
tion’s codes and standards, as amended, FAA Advisory Circular 150/5230-4,
as amended, all requirements of the rules and regulations, and all other applica-
ble laws related to aircraft fuel handling, dispensing and storage.
2. A fixed base operator shall construct (or lease) and maintain an on-airport above
ground fuel storage facility in a location approved by the airport manager. The
fuel storage facility shall have total capacity sufficient to support the types of
aircraft being serviced by the fixed base operator. In no event shall the tot al
storage capacity be less than:
• 12,000 gallons for Jet fuel storage
• 12,000 gallons for Avgas storage; and
A fixed base operator shall demonstrate the capability to expand fuel storage
capacity within a reasonable time period.
3. A fixed base operator shall not construct or modify any fuel storage or distribu-
tion facilities without the written consent of the city and without complying
with all city safety standards. The city may inspect such facilities periodically
to ensure compliance with all standards.
4. A fixed base operator shall provide dispensing equipment sufficient to serve the
needs of the aircraft normally frequenting the airport, including the provision
of at least one Jet fuel refueling vehicle and one Avgas refueling vehicle. Jet
fuel refueling vehicle shall have single-point and over-the-wing fueling capa-
bilities and minimum capacity of 2,000 gallons. Avgas refueling vehicle shall
have minimum capacity of 750 gallons. A fixed base operator shall have access
Airport Minimum Operating Standards Page 13 November 13, 2019
to a back-up refueling vehicle (with the same capabilities and minimum capac-
ities). All equipment must be approved by the airport manager and shall meet
all city safety standards. The metering devices shall be annually inspected,
checked and certified by appropriate state and local agencies. The city may
inspect such equipment periodically to ensure compliance with all standards.
5. A fixed base operator shall require all of its fuel-handling personnel to attend
training courses, obtain a fuel handler’s permit, and receive periodic refresher
training as required by the airport manager and city fire department. A fixed
base operator shall develop a standard operating procedure for aviation fueling
activities and provide a current copy of the same to the airport manager. The
city and FAA may periodically conduct inspections of the fixed base operator’s
activities and personnel to ensure adherence to safe practices.
6. Fueling reports shall be provided monthly by the 15th calendar day of the sub-
sequent month and shall include:
• A summary report to the City identifying the number of gallons of aviation
fuel delivered to the FBO by type;
• The bill of ladings, as received from the fuel supplier for fuel delivered, in
support of the summary report; and
• Pay the appropriate fees due to the City as stipulated in the Airport Rates
and Fees Schedule.
• Upon request, records and meters shall be made available for review by the
City or its designated representative.
(b) Aircraft line services
1. A fixed base operator shall employ and have on-duty during required hours of
operation at least two properly trained and qualified employee capable of
providing aircraft fueling, aircraft parking, and ancillary aircraft ground ser-
vices and at least one properly trained and qualified customer services and sup-
port employee. Employees shall actively meet and direct all aircraft parking on
their leasehold.
2. A fixed base operator shall have and maintain the equipment that is required to
safely and efficiently move (tow) the aircraft normally frequenting the airport,
including a tug and tow bars with rated draw bar pull sufficient for such aircraft.
3. A fixed base operator shall maintain tugs, tow bars, ground power units, emer-
gency starting equipment, fire extinguishers, chocks, ropes and tiedown sup-
plies as are necessary for the servicing of aircraft types expected to use the air-
port. The fixed base operator shall timely respond to disabled aircraft removal
requests as requested by the airport manager.
Airport Minimum Operating Standards Page 14 November 13, 2019
(c) A fixed base operator shall lease, rent or license aircraft storage, parking and
tiedown facilities to aircraft owners or operators solely for aircraft storage, parking
and tiedown purposes.
Section 6-6. Insurance
A fixed base operator shall maintain the applicable types and amounts of insurance
required by article 4, except that the operator shall at all times maintain commercial general
liability insurance in the amount of at least $5,000,000 per occurrence, $5,000,000 prod-
ucts-completed operations, $5,000,000 hangarkeepers, and $5,000,000 annual aggregate.
Section 6-7. Airport fees
(a) Fixed base operators shall pay fees as prescribed by lease, license, permit or agree-
ment. At a minimum, said lease, license, permit or agreement shall include a
monthly land or facility rental payment commensurate with market rates and the
following monthly fees:
1. An airport fuel flowage fee, as identified in the airport rates and fees schedule,
for fuel dispensed during the calendar month just ended.
2. An appropriate fees due to the City as stipulated in the Airport Rates and Fees
Schedule.
3. The above-indicated fees are not in lieu of any transaction privilege taxes or
other taxes.
(b) Fixed base operators shall not sublease, permit or allow any other person to operate
as a general aviation specialty service operator within the leased or permitted area,
or conduct any business venture which directly or indirectly relates to aeronautics
or flight, without the prior written approval of the city.
All payments due the city shall be accompanied by forms prescribed by the city’s ac-
counting office or the airport manager.
Airport Minimum Operating Standards Page 15 November 13, 2019
Article 7. General Aviation Specialty Services
Section 7-1. Hangar leasing services.
A hangar leasing services operator means a person engaged in the business of leasing,
renting or licensing hangars to aircraft owners or approved commercial airport operators.
A hangar leasing services operator may engage in the business of constructing and operat-
ing hangars to be leased. A hangar leasing services operator shall comply with the follow-
ing minimum standards:
(a) Lease sufficient land or facilities from a bona fide airport tenant or the city to ac-
commodate the proposed operations.
(b) A hangar leasing services operator shall accommodate the proposed number of
hangars based on the following.
1. The FAA has established minimum planning standards for hangars for the stor-
age of aircraft as follows: 2,500 square feet for jet aircraft, 2,000 square feet for
turboprop and twin engine aircraft, and 1,000 square feet for single engine air-
craft and helicopters. The commercial operator may exceed the number of air-
craft physically parked in hangars at their discretion.
2. Each hangar leasing services operator shall provide an Aircraft Storage Agree-
ment to the airport manager for each aircraft as can be physically stored within
the operator’s hangar. Transient aircraft storage is prohibited.
(b) The construction plans and specifications for any hangars to be constructed, includ-
ing minimum hangar sizes and architectural design plans, are subject to the written
approval of the city.
(c) A hangar leasing services operator leasing, renting or licensing hangars/ shades in
its operations shall maintain the types and amounts of insurance required by article
4 for any of its activities which may be covered by such insurance.
(d) A hangar leasing services operator’s hangars shall include at least one (1) restroom
for each thirty (30) hangar facilities for the use by operator’s lessees or as required
by city building code.
(e) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an
operator, in addition to paying a monthly land or facility rental payment commen-
surate with market rates, and pay fees as stipulated in the Airport Rates and Fees
Schedule.
Section 7-2. Aircraft sales services.
An aircraft sales services operator means a person engaged in the sale or brokerage of
new and/or used aircraft and shall:
Airport Minimum Operating Standards Page 16 November 13, 2019
(a) Lease sufficient land or facilities from a bona fide airport tenant or the city to ac-
commodate the proposed operations.
(b) At all times maintain in effect the types and minimum amounts of insurance speci-
fied in article 4, for any of its activities at the airport which may be covered by such
insurance.
(c) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an
operator, in addition to paying a monthly land or facility rental payment commen-
surate with market rates, and pay fees as stipulated in the Airport Rates and Fees
Schedule.
Section 7-3. Aircraft maintenance and repair services.
An aircraft maintenance and repair services operator means a person providing one or
more of the following services: airframe, engine or accessory overhaul; repair services on
aircraft, including jet aircraft and helicopters; and sales of aircraft parts and accessories.
An aircraft maintenance and repair services operator shall:
(a) Lease sufficient land or facilities from a bona fide airport tenant or the city to ac-
commodate the proposed operations.
(b) Provide office space, hangar facilities, a paved aircraft parking apron, an adequate
number of paved automobile parking spaces for its customers, a public lounge and
waiting room and public restrooms on its premises.
(c) Provide sufficient shop space, equipment, supplies and availability of parts equiv-
alent to that required for certification by the FAA as an approved repair station.
(d) Either: (1) employ and have on-duty during normal business hours at least one per-
son who is currently certified by the FAA with ratings appropriate to the work being
performed and who holds an airframe, power plant, or aircraft inspector rating; or
(2) maintain a current FAR Part 145 Certificate.
(e) Not conduct major maintenance, repair operations, or business activities at any time
inside hangars or other structures not designed for such function. Specific lease
agreement, city fire codes, and/or certificate of occupancy shall determine what
hangars or other structures shall be approved for major maintenance activities.
(f) At all times maintain in effect the types and minimum amounts of insurance speci-
fied in article 4, for any of its activities at the airport which may be covered by such
insurance.
(g) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an
operator, in addition to paying a monthly land or facility rental payment commen-
surate with market rates, and pay fees as stipulated in the Airport Rates and Fees
Schedule.
Airport Minimum Operating Standards Page 17 November 13, 2019
Section 7-4. Aircraft leasing or rental services.
An aircraft leasing or rental services operator means a person engaged in the leasing or
rental of aircraft to the public. An aircraft leasing or rental services operator shall:
(a) Lease sufficient land or facilities from a bona fide airport tenant or the city to ac-
commodate the proposed operations.
(b) Employ and have on-duty during normal business hours at least one person.
(c) At all times maintain in effect the types and minimum amounts of insurance speci-
fied in article 4, for any of its activities at the airport which may be covered by such
insurance.
(d) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an
operator, in addition to paying a monthly land or facility rental payment commen-
surate with market rates, and pay fees as stipulated in the Airport Rates and Fees
Schedule.
Section 7-5. Flight training services.
A flight training services operator means a person engaged in instructing pilots in dual
and solo flight training, in fixed-wing and/or rotary-wing aircraft, and providing such re-
lated ground school instruction as is necessary to take a written examination and flight
check ride for the categories of pilot’s licenses and ratings involved. A flight training ser-
vices operator shall:
(a) Lease sufficient land or facilities from a bona fide airport tenant or the city to ac-
commodate the proposed operations.
(b) Provide adequate classroom facilities for the amount and type of training involved.
(c) Employ and have on-duty during normal business hours at least one instructor who
is currently certified by the FAA to provide the type of training offered.
(d) At all times maintain in effect the types and minimum amounts of insurance speci-
fied in article 4, for any of its activities at the airport which may be covered by such
insurance.
(e) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an
operator, in addition to paying a monthly land or facility rental payment commen-
surate with market rates, and pay fees as stipulated in the Airport Rates and Fees
Schedule.
Section 7-6. Specialized aircraft repair services.
A specialized aircraft repair services operator means a person engaged in the business
of repairing aircraft radios, avionics, instruments, propellers, accessories, upholstery,
Airport Minimum Operating Standards Page 18 November 13, 2019
painting and/or similar aircraft components. A specialized aircraft repair services operator
sells new or used parts and components necessary for such repairs. A specialized aircraft
repair services operator shall:
(a) Lease sufficient land or facilities from a bona fide airport tenant or the city to ac-
commodate the proposed operations.
(b) Provide hangar facilities, a paved aircraft parking apron, an adequate number of
paved automobile parking spaces for its customers, a public lounge and waiting
room and public restrooms on its premises.
(c) Employ and have on-duty during normal business at least one person who is cur-
rently certified by the FAA with ratings appropriate to the services offered.
(d) Not conduct maintenance or repair operations or business activities at any time in-
side hangars or other structures not designed for such functions. Specific lease
agreements, city fire codes, and/or certificate of occupancy shall determine what
hangars or other structures shall be approved for major maintenance activities.
(e) At all times maintain in effect the types and minimum amounts of insurance speci-
fied in article 4, for any of its activities at the airport which may be covered by such
insurance.
(f) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an
operator, in addition to paying a monthly land or facility rental payment commen-
surate with market rates, and pay fees as stipulated in the Airport Rates and Fees
Schedule.
Section 7-7. Aircraft charter services.
An aircraft charter services operator means a person engaged in the business of provid-
ing air transportation of persons or property to the general public for hire, either on a charter
basis or as defined by the FAA under Part 135. Aircraft charter services may include the
performance of aircraft management services as defined in these minimum operating stand-
ards, as long as all requirements of such services are met. An aircraft charter services
operator shall:
(a) Lease sufficient land or facilities from a bona fide airport tenant or the city to ac-
commodate the proposed operations.
(b) Employ and have on-duty during normal business hours at least one person who
holds current FAA commercial pilot and medical certificates and ratings appropri-
ate for the operator’s flight activities. All flight crews shall be properly rated for
the aircraft operated, and the operator shall provide reasonable assurance of the
continued availability of qualified operating crews.
Airport Minimum Operating Standards Page 19 November 13, 2019
(c) Own or lease exclusively by written agreement aircraft currently certified and con-
tinuously airworthy. All aircraft shall meet the requirements of the FAA certificate
held by the aircraft charter service operator.
(d) Have and provide the city with, a current FAR Part 135 Certificate or provisional
FAR Part 135 Certificate, as well as the aircraft identification page from the oper-
ating specifications listing all aircraft on the certificate.
(e) At all times maintain in effect the types and minimum amounts of insurance speci-
fied in article 4, for any of its activities at the airport which may be covered by such
insurance.
(f) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an
operator, in addition to paying a monthly land or facility rental payment commen-
surate with market rates, and pay fees as stipulated in the Airport Rates and Fees
Schedule.
Section 7-8. Specialized commercial flying services.
A specialized commercial flying services operator means a person engaged in air trans-
portation for hire for any of the following purposes: nonstop sightseeing flights that begin
and end at the airport, aerial photography or survey, powerline or pipeline patrol, fire -
fighting or fire patrol, airborne mineral exploration, or any other operations specifically
excluded from FAR Part 135. A specialized commercial flying services operator shall:
(a) Lease sufficient land or facilities from a bona fide airport tenant or the city to ac-
commodate the proposed operations.
(b) Employ and have on-duty during normal business hours at least one person who
holds current commercial pilot and medical certificates with appropriate ratings for
the aircraft to be flown.
(c) At all times maintain in effect the types and minimum amounts of insurance speci-
fied in article 4, for any of its activities at the airport which may be covered by such
insurance.
(d) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an
operator, in addition to paying a monthly land or facility rental payment commen-
surate with market rates, and pay fees as stipulated in the Airport Rates and Fees
Schedule.
Section 7-9. Aircraft management services.
An aircraft management services operator means a person performing one or more of
the following services in the management of another person’s aircraft: pilot staffing, rec-
ords management, and other aircraft-related services not including services detailed in any
other sections contained herein. Aircraft management also encompasses the exercise of
the privilege of FAR Part 91.501 on behalf of the owner. Aircraft management does not
Airport Minimum Operating Standards Page 20 November 13, 2019
include the control of or operation of aircraft under FAR Part 135. An aircraft management
services operator shall:
(a) Lease sufficient land or facilities from a bona fide airport tenant or the city to ac-
commodate the proposed operations.
(b) At all times maintain in effect the types and minimum amounts of insurance speci-
fied in article 4, for any of its activities at the airport which may be covered by such
insurance.
(c) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an
operator, in addition to paying a monthly land or facility rental payment commen-
surate with market rates, and pay fees as stipulated in the Airport Rates and Fees
Schedule.
Section 7-10. Mobile aircraft washing services
Mobile aircraft washing services operators engage in the cleaning, detailing or washing
of aircraft either for the general public or for individual businesses. Aircraft washing is
restricted to designated wash rack areas and/or other areas permitted under an approved
aircraft washing plan and shall be performed in accordance with Sections 2-11 and 2-12 of
the rules and regulations. Mobile aircraft washing services operators shall meet the fol-
lowing standards:
(a) Submit and receive approval of an aircraft washing plan that contains the following
information:
1. Name of individual/company conducting washing services, contact name and
phone number.
2. List of individuals/companies contracting for washing services; or list of air-
craft to be washed, including FAA registration numbers, makes, and models of
aircraft.
3. A site map of the area in which washing will occur. The site map must contain
the following.
a) An outline of the washing location to include location of runoff control
structures.
b) Approximate distance (in feet) from washing area to nearest drain(s).
c) Reference to buildings, terminal, roads, etc.
d) North arrow.
(b) A detailed description of washing method/operation, including the following de-
tails:
Airport Minimum Operating Standards Page 21 November 13, 2019
1. Wash water containment method(s), (ramp scrubber, containment boom,
dry, etc.)
2. Amount of water used per wash and frequency of operation.
3. Name and amount of chemical(s) used per wash.
4. If “dry” washing or waxing/coating operations are to be conducted provide
affirmation that tarps will be used to collect residual material for its proper
disposal and protect the ramp (if appropriate).
(c) Material safety data sheets (MSDS) for all chemicals to be used.
(d) Method of disposal of retrieved wash/waste water. If water is to be disposed of on
airport property the following steps must be taken:
1. Disposal of wash/waste water must be done through an oil/water interceptor
in to the sanitary sewer system.
2. Approval for the discharge of wash/waste water on airport property must be
obtained from the airport manager. The approval letter must be included in
the final washing plan.
(e) At all times maintain in effect the types and minimum amounts of insurance, and
contain provisions cited herein for any of its activities at the airport that may be
covered by such insurance specified in section 4.
(f) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an
operator shall pay fees as stipulated in the Airport Rates and Fees Schedule.
Section 7-11. Mobile aircraft maintenance and repair services.
A mobile aircraft maintenance and repair services operator means a person providing
one or more of the following services at the aircraft based location or within a designated
aircraft maintenance areas on the airport: airframe, engine or accessory overhaul; repair
services on aircraft; and sales of aircraft parts and accessories. A mobile aircraft mainte-
nance and repair services operator shall:
(h) Either: (1) employ at least one person who is currently certified by the FAA with
ratings appropriate to the work being performed and who holds an airframe, power
plant, or aircraft inspector rating; or (2) maintain a current FAR Part 145 Certificate.
(i) Not conduct major aircraft alterations or repairs or business activities at any time
inside hangars or other structures not designed for such function. Specific lease
agreement, city fire codes, and/or certificate of occupancy shall determine what
hangars or other structures shall be approved for major aircraft alterations or re-
pairs.
Airport Minimum Operating Standards Page 22 November 13, 2019
(j) At all times maintain in effect the types and minimum amounts of insurance speci-
fied in article 4, for any of its activities at the airport that may be covered by such
insurance.
(k) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an
operator shall pay fees as stipulated in the Airport Rates and Fees Schedule.
Section 7-12. On-Airport Rental Car Concession Services.
An airport rental car concession services operator means a person providing rental car
services to customers at the airport. An airport rental car concession services operator
shall:
(a) At all times maintain in effect the types and minimum amounts of insurance speci-
fied in article 4, for any of its activities at the airport that may be covered by such
insurance.
(b) Park rental cars landside, unless the car is being staged by an FBO for an arriving
aircraft.
(c) Wash all rental cars off-airport.
(d) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an
operator located on-airport shall pay fees as stipulated in the Airport Rates and Fees
Schedule. Automobiles are considered rented at Denton Enterprise Airport (and,
therefore included in gross income) if :
1. The automobile is delivered to the customer at the airport; or
2. The rental agreement is entered into at the airport even though the automobile
is delivered elsewhere; or
3. The automobile was reserved in advance at the airport by the customer or
through an airline, FBO, or travel agent; or
4. A vehicle rented at the airport is exchanged for another vehicle at any location
within twenty-five (25) miles of the Denton Enterprise Airport for a time period
running consecutively with the original rental agreement.
Section 7-13. Flying clubs.
A flying club is a non-profit entity or not-for-profit entity (e.g., corporation, associa-
tion, or partnership) organized for the express purpose of providing its members with air-
craft for their personal use and enjoyment only. FAA Order 5190.6 as amended, shall be
used to define flying club permitted uses or activities. A flying club shall meet the follow-
ing standards:
(a) At the time of applying for a lease, license, permit or agreement with or from the
Airport Minimum Operating Standards Page 23 November 13, 2019
city to operate at the airport, the club shall furnish the airport manager with a copy
of its articles of incorporation, if the club is a corporation; a copy of its articles of
organization, if the club is a limited liability company; a copy of its certificate of
limited partnership, if the club is a limited partnership; a copy of its partnership
agreement, if the club is a general partnership; the club’s roster or list of members,
including names of officers and directors; evidence of required insurance; a de-
scription of all aircraft used; evidence that such aircraft are properly certificated;
evidence of ownership of such aircraft; and any operating rules of the club.
(b) The club’s books and records shall be available for inspection and copying by the
airport manager at any reasonable time. The club shall update its roster or list of
members twice annually and provide the airport manager with such updated roster
or list no later than June 30 and December 31 of each year.
(c) The club shall at all times maintain in effect the types and minimum amounts of
insurance specified in article 4 of the Airport Minimum Operating Standards for
any of its activities at the airport which may be covered by such insurance.
(d) The flying club shall pay fees as prescribed by lease, license, permit or agreement,
and any applicable fees identified on the Airport Rates and Fees Schedule.
Denton Enterprise Airport
DFW Access… Extraordinary Business
Legistar File ID: 20-240
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City Council Meeting
February 11, 2020
Airport Guiding Documents
Denton Enterprise Airport
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➢Background
➢Airport Guiding Documents Overview
➢Timeline & Public Process
➢Review Proposed Chapter 3
➢Review Proposed Rules and Regulations
➢Review Proposed Minimum Operating Standards
➢Provide Staff Direction
Overview
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➢The Denton Enterprise Airport operates under the guidance of the Federal Aviation
Administration (FAA).
➢The FAA has many policies that regulate the operation of an airport, including grant
assurances, policies, orders, and advisory circulars.
➢To assist in compliance with these various FAA documents, many airports establish their
own guiding documents.
➢The City has in place Chapter 3 of the City’s code that provides some framework
and regulations for the Airport.
➢This code section has some outdated items dating back to 1966, as well as having a mix
of items that should be separated into one of the other guiding documents.
➢Some of the other guiding documents do not appear to have been formally adopted in
the past.
Background
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➢City Code Chapter 3
➢Airport Rules and Regulations
➢Airport Minimum Operating Standards
➢Airport Rates and Fees Schedule
➢Adopted May 1, 2019
Airport Guiding Documents
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➢CAC briefing –April 2018
➢Document gathering –Comparable airports
➢Draft Documents –Staff created
➢AAB Meetings –April 2019 –December 2019
➢Eight public meetings soliciting comments
➢Constant Contact and Facebook notifications
➢Posted Draft documents on Airport website for public accessibility
➢AAB Recommendation –December 2019
➢CAC Recommendation –January 2020
Timeline & Public Process
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Public Comments
Document Comments Received
Chapter 3 •Business Fees –Removed references to fees
Rules and Regulations •Definitions
•Hangars –Addressed major maintenance
•T-Hangars –Clarified preventative maintenance
•Aircraft Washing –Clarified locations
•Self Services –Removed notice for specialists
•Aircraft Maintenance –Addressed Experimental aircraft
•Storage –Addressed outside storage
•Engine Run-ups –Clarified locations
•Vehicles –Clarified definition
•Bicycles –Permitted during daytime hours
•Pedestrians –Removed restriction on taxilanes
•Open Flames –Permitted if approved
•Lubricating Oils –Removed minor maintenance
Denton Enterprise Airport
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Public Comments
Document Comments Received
Minimum Operating Standards •Certificate of Occupancy –Added requirement prior to
commencing services
•Monthly Airport Business Fees –Removed and referenced
Rates and Fees Schedule
•Insurance –Reduced coverage for Hangarkeepers and Risk
Manager may modify as necessary
•Personnel Demeanor –Removed sentence of concern
•FBO Land –Concerned with apron use, existing language
adequately addressed concern
•FBO Line Service –Removed references to maintenance
requirements
•Hangar Leasing –Clarified size requirements and
applicability and restroom requirement per building code
•Mobile Maintenance –Removed 12,500 lb restriction
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Chapter 3 of the Denton Code of Ordinances provides the foundation
for the airport regulatory program.
Article I.In General (Sec. 3-1 –Sec 3-200)
Article II.Rulemaking Authority (Sec. 3-201 –Sec 3-300)
Article III.Airport Business Permits and Fees (Sec. 3-301 –Sec 3-400)
Article IV.Enforcement (Sec. 3-501 –Sec 3-900)
Division 1.Generally (Sec. 3-401 –Sec 3-500)
Division 2.Denial of Use (Sec. 3-501 –Sec 3-600)
Division 3.Sanctions; Procedures (Sec. 3-601 –Sec 3-700)
Division 4.License and Permit Revocation (Sec. 3-701 –Sec 3-800)
Division 5.Abatement of Violations (Sec. 3-801 –Sec 3-900)
Proposed Chapter 3
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➢Article I –In General
➢Sec. 3-101. –Definitions.
➢New and updated definitions
➢Sec. 3-106. –Adopted by reference.
➢Other guiding documents referenced
➢Sec. 3-109. –Airport Advisory Board.
➢Adds rule making oversight and approval
➢Sec. 3-121. –Use of City-owned Airport property.
➢Use of Permits and Leases
Proposed Chapter 3
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➢Article II –Rulemaking Authority
➢Staff developed, AAB review and approval
➢Article III –Airport Business Permits
➢Establishes a new permit for business
➢Insurance requirements
➢Article IV –Enforcement
➢Denial of use
➢Sanctions & procedures
➢License/Permit revocations
➢Abatement
Proposed Chapter 3
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Questions –Chapter 3?
Denton Enterprise Airport
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This document contains the general rules and regulations associated with the
operating environment of the Airport.
Article 1.Definitions
Article 2.General Use of Airport (Section 2-1 –Section 2-33)
Article 3.Aircraft Rules (Section 3-1 –Section 3-18)
Article 4.Vehicles, Pedestrians, Etc. (Section 4-1 –Section 4-16)
Article 5.Fueling, Flammable Fluids, and Safety (Section 5-1 –Section 5-15)
Proposed Rules and Regulations
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➢Article 1 Definitions
➢New and updated definitions
➢Article 2 General Use of Airport
➢Aircraft parking, maintenance, washing, smoking, waste,
animals, firearms, etc.
➢Article 3 Aircraft Rules
➢Wingspan limitations, disabled aircraft, runups, etc.
➢Article 4 Vehicles, Pedestrians, Etc.
➢Speed, driver license, insurance, pedestrians, and security.
➢Article 5 Fueling, Flammable Fluids, and Safety
➢Environmental, extinguishers, tanks and trucks.
Proposed Rules and Regulations
Denton Enterprise Airport
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Questions –Rules and Regs?
Denton Enterprise Airport
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This document identifies the minimum operating standards for conducting
commercial aeronautical activity on the Airport. This document includes the
minimum level of services and insurance requirements specific to aeronautical
business types. These standards are only applicable to those persons interested in
conducting commercial aeronautical activity at Denton Enterprise Airport.
Article 1.Definitions; Application; Waiver (Section 1-1 –Section 1-5)
Article 2.Application Process (Section 2-1 –Section 2-3)
Article 3.General Contractual Provisions (Section 3-1)
Article 4.Insurance (Section 4-1 –Section 4-3)
Article 5.General Operational Requirements (Section 5-1 –Section 5-9)
Article 6.Fixed Base Operators (Section 6-1 –Section 6-7)
Article 7.General Aviation Specialty Services (Section 7-1 –Section 7-12)
Proposed Minimum Operating Standards
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➢Article 2 Application Process
➢Business details & location
➢Construction activity
➢Legal structure
➢Article 3 Insurance
➢Types and amounts
➢Risk Manager review
Proposed Minimum Operating Standards
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➢Article 6 Fixed Base Operators
➢Statement of concept
➢Land and facility requirements
➢Hours of operation
➢Subcontracting services; restrictions
➢Minimum requirements of FBO services
➢Insurance
➢Airport fees
Proposed Minimum Operating Standards
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➢Article 6 Fixed Base Operators
➢Existing FBO expressed concern
regarding language for allowing other
than a lease agreement for meeting
the apron space requirement
➢Staff indicated that the language
(“Land and facilities shall be through
lease, license, permit or agreement
from the City”) sufficiently addressed
the concerns, as well as providing
Council with flexibility in the future.
Proposed Minimum Operating Standards
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➢Article 7 General Aviation Specialty Services
➢Hangar leasing services.
➢Aircraft sales services.
➢Aircraft maintenance and repair services.
➢Aircraft leasing or rental services.
➢Flight training services.
➢Specialized aircraft repair services.
➢Aircraft charter services.
➢Specialized commercial flying services.
➢Aircraft management services.
➢Mobile aircraft washing services.
➢Mobile aircraft repair services.
➢On-Airport rental car concession services.
Proposed Minimum Operating Standards
Denton Enterprise Airport
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Questions –Minimum Standards?
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1.Adopt ordinance approving the proposed Airport Guiding
Documents.
2.Direct staff to take the Airport Guiding Documents to the Council
Airport Committee to review and receive additional direction.
3.Take no action at this time.
Direction
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-390,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the approval of Change Order No.1 to the contract between the City of Denton and Quality Excavation,LLC,
for the Hinkle and Windsor Paving and Drainage Project (Magnolia PH II);providing for the expenditure of
funds therefor;and providing an effective date (IFB 6902 -Change Order No.1 in the not-to-exceed amount of
$518,744.21 for a total contract award aggregated to $6,746,003.21).The Public Utilities Board recommends
approval (7 - 0).
City of Denton Printed on 2/7/2020Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
CFO: Antonio Puente, Jr.
DATE: February 11, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the approval of Change Order No. 1 to the contract between the City of Denton and Quality
Excavation, LLC, for the Hinkle and Windsor Paving and Drainage Project (Magnolia PH II); providing
for the expenditure of funds therefor; and providing an effective date (IFB 6902 – Change Order No. 1 in
the not-to-exceed amount of $518,744.21 for a total contract award aggregated to $6,746,003.21). The
Public Utilities Board recommends approval (7 - 0).
INFORMATION/BACKGROUND
The Magnolia Drainage project was conceived in order to improve stormwater drainage conditions, and
prevent flooding on Hinkle Drive, and in the adjacent neighborhoods between West Windsor Drive to the
north and University Drive to the south.
Phase I of the project consisted of the design and construction of a stormwater detention basin north of West
Windsor Drive between Windsor and North Elm Street. Phase II of the project consists of the reconstruction
of Hinkle Drive and a portion of Windsor Drive with sidewalk and curb repairs, associated storm drain
improvements, sanitary sewer improvements, and water line adjustments. The design of storm drain
improvements will address flooding in portions of the Headlee Addition. Storm drain improvements will
be installed on Windsor and Hinkle. Sanitary sewer improvements will be done on Hinkle and full pavement
replacement on both Hinkle from University to Windsor and Windsor from Hinkle to Elm.
The purpose of this change order is to compensate the contractor for construting a new roundabout at the
intersection of Hinkle Drive and Mimosa Drive, as well as additional curb and gutter that was not included
in the original drainage project. The additional items include:
• Additional curb and gutter and pavement
• Roundabout at Hinkle Drive and Mimosa Drive
• Additional storm sewer and sanitary sewer relocations associated with widening the roadway at
Hinkle and Mimosa
Staff anticipates an additional change order before the close out of this project which is scheduled to be
completed by the end of May 2020. This final change order is anticipated to include changes to a water
main required to accommodate unforeseen sub-surface conditions, subgrade deterioration due to exposure
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
to significant rainfall events, and unanticipated additional rock excavation for installation fo the stormsewer
infrastructure. The additional cost for the final change order would be approximately $550K. A detailed
cost breakdown for the final change order will be included in the backup when staff will submits this item
for council consideration in April.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On February 5, 2019, City Council approved a contract with Quality Excavation LTD, in the not-to-exceed
amount of $6,227,259 (Ordinance 19-165).
On January 27, 2020, the Public Utilities Board (PUB) recommended this item to the City Council for
consideration.
RECOMMENDATION
Award Change Order 1 with Quality Excavation LTD, for additional engineering design of the Hinkle and
Windsor Paving and Drainage Project (Magnolia PH II), in the not-to-exceed amount $518,744.21, for a
total amended contract amount of $6,746,003.21.
ESTIMATED SCHEDULE OF PROJECT
This project will be started upon approval with a completion date by June 18, 2020.
FISCAL INFORMATION
These services will be funded from Hinkle Drive account 350425469.1360.40000 and
350425467.1360.40000. Purchase Order #188796 has been entered into the Purchasing software system.
The budgeted amount for this item is $518,744.21.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: LLC Members
Exhibit 3: Original Ordinance and Contract
Exhibit 4: Ordinance and Change Order 1
Exhibit 5: LTD conversion to LLC
Exhibit 6: Presentation
Respectfully submitted:
Lori Hewell, (940)-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Kyle Pedigo, 940-349-8425.
Legal point of contact: Mack Reinwand at 940-349-8333.
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contained in the Bid Proposal and related documents and to extend that contract as determined to
be advantageous to the City of Denton.
SECTION__4. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under IFB 6902 to the City Manager of the City of Denton, or his designee.
SECTION _5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance
with the approved bids.
TION,m6. That this ordinance shall become effective immediately upon its passageS.E.C.....
and approval.
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proved by
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Mayor Chris Watts;
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5
Paul Meltzer, At Large Place 6:
Aye Nay Abstain Absent
PASSED AND APPROVED this the _ Y _ '`_-' '' °.----- . 2019. da of .... — .
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ATTEST:
RACHEL WOOD, INTERIM CITY SECRETARY
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BY: ,'"`' , _ ` ' w'„ " d"'
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY• °, ::. ^ / °.
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
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00 52 43 - 1
Agreement
Page 1 of 6
CITY OF DENTON 6902 Hinkle and Windsor Paving and Drainage
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
SECTION 00 52 43 1
AGREEMENT 2
THIS AGREEMENT, authorized on ______________is made by and between the City of Denton, 3
a Texas home rule municipality, acting by and through its duly authorized City Manager, (“City”), 4
and Quality Excavation, LTD., authorized to do business in Texas, acting by and through its duly 5
authorized representative, (“Contractor”). 6
City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: 7
Article 1. WORK 8
Contractor shall complete all Work as specified or indicated in the Contract Documents for the 9
Project identified herein. 10
Article 2. PROJECT 11
The project for which the Work under the Contract Documents may be the whole or only a part is 12
generally described as follows: 13
Hinkle and Windsor Paving and Drainage 14
Contract No: 6902 15
Article 3. CONTRACT PRICE 16
City agrees to pay Contractor for performance of the Work in accordance with the Contract 17
Documents an amount, in current funds, of Six Million two hundred twenty-seven thousand two 18
hundred fifty nine Dollars ($6,227,259.00). 19
Article 4. CONTRACT TIME 20
4.1 Final Acceptance. 21
The Work will be complete for Final Acceptance within 400 days after the date when the 22
Contract Time commences to run, as provided in Paragraph 2.03 of the General Conditions, 23
plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 24
4.2 Liquidated Damages 25
Contractor recognizes that time is of the essence for completion of Milestones, if any, and 26
to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is 27
not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also 28
recognizes the delays, expense and difficulties involved in proving in a legal proceeding, 29
the actual loss suffered by the City if the Work is not completed on time. Accordingly, 30
instead of requiring any such proof, Contractor agrees that as liquidated damages for delay 31
(but not as a penalty), Contractor shall pay City Three thousand Dollars ($3,000.00) for 32
each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until 33
the City issues the Final Letter of Acceptance. 34
Article 5. CONTRACT DOCUMENTS 35
5.1 CONTENTS: 36
A. The Contract Documents which comprise the entire agreement between City and 37
Contractor concerning the Work consist of the following: 38
1. This Agreement. 39
2. Attachments to this Agreement: 40
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
00 52 43 - 2
Agreement
Page 2 of 6
CITY OF DENTON 6902 Hinkle and Windsor Paving and Drainage
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
a. Bid Form 1
1) Proposal Form 2
2) Vendor Compliance to State Law Non-Resident Bidder 3
3) State and Federal documents (project specific) 4
b. Current Prevailing Wage Rate Table 5
c. Insurance ACORD Form(s) 6
d. Worker’s Compensation Affidavit 7
e. Form 1295 – Certificate of Interested Parties 8
f. General Conditions. 9
g. Supplementary Conditions. 10
3. The following located in File 6902 at: 11
https://lfpubweb.cityofdenton.com/MaterialsManagement/Browse.aspx?startid=1912
&row=1&dbid=0: 13
a. Specifications described in the Table of Contents of the Project’s Contract 14
Documents. 15
b. North Central Texas Council of Governments Standard Specifications for Public 16
Works Construction – Fourth Edition, Divisions 200-800, and as amended by 17
City, and described in the Table of Contents of the Project’s Contract Documents. 18
c. Drawings. 19
d. Addenda. 20
e. Documentation submitted by Contractor prior to Notice of Award. 21
4. The following which shall be issued after the Effective Date and delivered to the City 22
within ten (10) days of the Effective Date and before beginning Work: 23
a. Payment Bond 24
b. Performance Bond 25
c. Maintenance Bond 26
d. Power of Attorney for the Bonds 27
5. The following which may be delivered or issued after the Effective Date and, if 28
issued, become an incorporated part of the Contract Documents: 29
a. Notice to Proceed. 30
b. Field Orders. 31
c. Change Orders. 32
d. Letter of Final Acceptance. 33
34
35
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
00 52 43 - 3
Agreement
Page 3 of 6
CITY OF DENTON 6902 Hinkle and Windsor Paving and Drainage
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Article 6. INDEMNIFICATION 1
6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 2
expense, the city, its officers, servants and employees, from and against any and all 3
claims arising out of, or alleged to arise out of, the work and services to be performed 4
by the contractor, its officers, agents, employees, subcontractors, licensees or invitees 5
under this contract. This indemnification provision is specifically intended to operate 6
and be effective even if it is alleged or proven that all or some of the damages being 7
sought were caused, in whole or in part, by any act, omission or negligence of the city. 8
This indemnity provision is intended to include, without limitation, indemnity for any 9
and all costs, expenses and legal fees incurred by the city in defending against such 10
claims and causes of actions. 11
12
6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 13
the city, its officers, servants and employees, from and against any and all loss of, 14
damage to, or destruction of, property of the city, arising out of, or alleged to arise out 15
of, the work and services to be performed by the contractor, its officers, agents, 16
employees, subcontractors, licensees or invitees under this contract. This 17
indemnification provision is specifically intended to operate and be effective even if it is 18
alleged or proven that all or some of the damages being sought were caused, in whole or 19
in part, by any act, omission or negligence of the city. 20
21
Article 7. MISCELLANEOUS 22
7.1 Terms. 23
Terms used in this Agreement which are defined in Article 1 of the General Conditions will 24
have the meanings indicated in the General Conditions. 25
7.2 Assignment of Contract. 26
This Agreement, including all of the Contract Documents may not be assigned by the 27
Contractor without the advanced express written consent of the City. 28
7.3 Successors and Assigns. 29
City and Contractor each binds itself, its partners, successors, assigns and legal 30
representatives to the other party hereto, in respect to all covenants, agreements and 31
obligations contained in the Contract Documents. 32
7.4 Severability. 33
Any provision or part of the Contract Documents held to be unconstitutional, void or 34
unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 35
remaining provisions shall continue to be valid and binding upon City and Contractor. 36
7.5 Governing Law and Venue. 37
This Agreement, including all of the Contract Documents is performable in the State of 38
Texas. Venue shall be Denton County, Texas, or the United States District Court for the 39
Eastern District of Texas, Sherman Division. 40
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
00 52 43 - 4
Agreement
Page 4 of 6
CITY OF DENTON 6902 Hinkle and Windsor Paving and Drainage
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
7.6 Authority to Sign. 1
Contractor shall attach evidence of authority to sign Agreement if signed by someone other 2
than the duly authorized signatory of the Contractor. 3
4
7.7 Prohibition On Contracts With Companies Boycotting Israel. 5
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 6
Code, the City is prohibited from entering into a contract with a company for goods or 7
services unless the contract contains a written verification from the company that it: (1) 8
does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 9
The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms 10
in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 11
certifies that Contractor’s signature provides written verification to the City that 12
Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of 13
the contract. 14
15
7.8 Immigration Nationality Act. 16
Contractor shall verify the identity and employment eligibility of its employees who perform 17
work under this Agreement, including completing the Employment Eligibility Verification 18
Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms 19
and supporting eligibility documentation for each employee who performs work under this 20
Agreement. Contractor shall adhere to all Federal and State laws as well as establish 21
appropriate procedures and controls so that no services will be performed by any Contractor 22
employee who is not legally eligible to perform such services. CONTRACTOR SHALL 23
INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, 24
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY 25
CONTRACTOR, CONTRACTOR’S EMPLOYEES, SUBCONTRACTORS, 26
AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right 27
to immediately terminate this Agreement for violations of this provision by Contractor. 28
29
7.9 No Third-Party Beneficiaries. 30
This Agreement gives no rights or benefits to anyone other than the City and the Contractor 31
and there are no third-party beneficiaries. 32
33
34
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00 52 43 - 5
Agreement
Page 5 of 6
CITY OF DENTON 6902 Hinkle and Windsor Paving and Drainage
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
7.10 No Cause of Action Against Engineer. 1
Contractor, its subcontractors and equipment and materials suppliers on the Project or their 2
sureties, shall maintain no direct action against the Engineer, its officers, employees, and 3
subcontractors, for any claim arising out of, in connection with, or resulting from the engineering 4
services performed. Only the City will be the beneficiary of any undertaking by the Engineer. 5
The presence or duties of the Engineer's personnel at a construction site, whether as on-site 6
representatives or otherwise, do not make the Engineer or its personnel in any way 7
responsible for those duties that belong to the City and/or the City's Contractors or other 8
entities, and do not relieve the Contractors or any other entity of their obligations, duties, and 9
responsibilities, including, but not limited to, all construction methods, means, techniques, 10
sequences, and procedures necessary for coordinating and completing all portions of the 11
construction work in accordance with the Contract Documents and any health or safety 12
precautions required by such construction work. The Engineer and its personnel have no 13
authority to exercise any control over any construction contractor or other entity or their 14
employees in connection with their work or any health or safety precautions. 15
16
SIGNATURE PAGE TO FOLLOW 17
18
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
00 52 43 - 6
Agreement
Page 6 of 6
CITY OF DENTON 6902 Hinkle and Windsor Paving and Drainage
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective 1
as of the date subscribed by the City’s designated City Manager (“Effective Date”). 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
ATTEST: 37
CITY SECRETARY 38
39
40
_______________________________________ 41
42
43
APPROVED AS TO LEGAL FORM: 44
AARON LEAL, CITY ATTORNEY 45
46
_______________________________________ 47
CITY OF DENTON
BY: ___________________________________
CITY MANAGER
CONTRACTOR
QUALITY EXCAVATION, LTD.
BY: ___________________________________
AUTHORIZED AGENT
_______________________________________
NAME
_______________________________________
TITLE
_______________________________________
PHONE NUMBER
_______________________________________
EMAIL ADDRESS
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations and
business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
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DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
General Decision Number: TX180028 01/05/2018 TX28
Superseded General Decision Number: TX20170028
State: Texas
Construction Type: Heavy
Counties: Collin, Dallas, Denton, Ellis, Kaufman and Rockwall
Counties in Texas.
Water and Sewer Lines/Utilities (Including Related Tunneling
Where the Tunnel is 48" or Less in Diameter)
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.35 for calendar year 2018 applies to all contracts
subject to the Davis-Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015.
If this contract is covered by the EO, the contractor must pay
all workers in any classification listed on this wage
determination at least $10.35 per hour (or the applicable
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
year 2018. The EO minimum wage rate will be adjusted annually.
Please note that this EO applies to the above-mentioned types
of contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but it does not apply
to contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60). Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2018
* PLUM0100-002 11/01/2017
Rates Fringes
Plumbers and Pipefitters.........$ 30.84 11.51
----------------------------------------------------------------
SUTX1991-004 09/23/1991
Rates Fringes
Laborers:
Common......................$ 7.25
Utility.....................$ 7.467
Pipelayer........................$ 7.828
Power equipment operators:
Backhoe.....................$ 10.804
Crane.......................$ 10.942
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
Front End Loader............$ 9.163
Tunneling Machine (48" or
less).......................$ 9.163
TRUCK DRIVER.....................$ 8.528
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISION
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
General Decision Number: TX180035 01/05/2018 TX35
Superseded General Decision Number: TX20170035
State: Texas
Construction Type: Highway
Counties: Archer, Callahan, Clay, Collin, Dallas, Delta,
Denton, Ellis, Grayson, Hunt, Johnson, Jones, Kaufman, Parker,
Rockwall, Tarrant and Wise Counties in Texas.
HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building
structures in rest area projects & railroad construction;
bascule, suspension & spandrel arch bridges designed for
commercial navigation, bridges involving marine construction;
and other major bridges).
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.35 for calendar year 2018 applies to all contracts
subject to the Davis-Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015.
If this contract is covered by the EO, the contractor must pay
all workers in any classification listed on this wage
determination at least $10.35 per hour (or the applicable
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
year 2018. The EO minimum wage rate will be adjusted annually.
Please note that this EO applies to the above-mentioned types
of contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but it does not apply
to contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60). Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2018
* SUTX2011-007 08/03/2011
Rates Fringes
CONCRETE FINISHER (Paving and
Structures)......................$ 14.12
ELECTRICIAN......................$ 19.80
FORM BUILDER/FORM SETTER
Paving & Curb...............$ 13.16
Structures..................$ 13.84
LABORER
Asphalt Raker...............$ 12.69
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
Flagger.....................$ 10.06
Laborer, Common.............$ 10.72
Laborer, Utility............$ 12.32
Pipelayer...................$ 13.24
Work Zone Barricade
Servicer....................$ 11.68
POWER EQUIPMENT OPERATOR:
Asphalt Distributor.........$ 15.32
Asphalt Paving Machine......$ 13.99
Broom or Sweeper............$ 11.74
Concrete Pavement
Finishing Machine...........$ 16.05
Concrete Saw................$ 14.48
Crane Operator, Lattice
Boom 80 Tons or Less........$ 17.27
Crane Operator, Lattice
Boom over 80 Tons...........$ 20.52
Crane, Hydraulic 80 Tons
or Less.....................$ 18.12
Crawler Tractor.............$ 14.07
Excavator, 50,000 pounds
or less.....................$ 17.19
Excavator, over 50,000
pounds......................$ 16.99
Foundation Drill , Truck
Mounted.....................$ 21.07
Foundation Drill, Crawler
Mounted.....................$ 17.99
Front End Loader 3 CY or
Less........................$ 13.69
Front End Loader, over 3 CY.$ 14.72
Loader/Backhoe..............$ 15.18
Mechanic....................$ 17.68
Milling Machine.............$ 14.32
Motor Grader, Fine Grade....$ 17.19
Motor Grader, Rough.........$ 16.02
Pavement Marking Machine....$ 13.63
Reclaimer/Pulverizer........$ 11.01
Roller, Asphalt.............$ 13.08
Roller, Other...............$ 11.51
Scraper.....................$ 12.96
Small Slipform Machine......$ 15.96
Spreader Box................$ 14.73
Servicer.........................$ 14.58
Steel Worker (Reinforcing).......$ 16.18
TRUCK DRIVER
Lowboy-Float................$ 16.24
Off Road Hauler.............$ 12.25
Single Axle.................$ 12.31
Single or Tandem Axle Dump
Truck.......................$ 12.62
Tandem Axle Tractor with
Semi Trailer................$ 12.86
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Transit-Mix.................$ 14.14
WELDER...........................$ 14.84
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WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
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The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
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005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
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WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
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* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
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END OF GENERAL DECISION
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLEOF CONTENTS
Page
Article 1 – Definitions and Terminology..........................................................................................................1
1.01 Defined Terms...............................................................................................................................1
1.02 Terminology..................................................................................................................................6
Article 2 – Preliminary Matters.........................................................................................................................7
2.01 Copies of Documents....................................................................................................................7
2.02 Commencement of Contract Time; Notice to Proceed................................................................7
2.03 Starting the Work..........................................................................................................................7
2.04 Before Starting Construction........................................................................................................7
2.05 Preconstruction Conference..........................................................................................................8
2.06 Public Meeting..............................................................................................................................8
2.07 Initial Acceptance of Schedules....................................................................................................8
2.08 Electronic Submittals....................................................................................................................8
Article 3 – Contract Documents: Intent, Amending, Reuse............................................................................8
3.01 Intent..............................................................................................................................................8
3.02 Reference Standards......................................................................................................................9
3.03 Reporting and Resolving Discrepancies.......................................................................................9
3.04 Amending and Supplementing Contract Documents.................................................................10
3.05 Reuse of Documents...................................................................................................................10
3.06 Electronic Data............................................................................................................................11
Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points...........................................................................................................11
4.01 Availability of Lands ..................................................................................................................11
4.02 Subsurface and Physical Conditions ..........................................................................................12
4.03 Differing Subsurface or Physical Conditions.............................................................................12
4.04 Underground Facilities ...............................................................................................................13
4.05 Hazardous Environmental Condition at Site..............................................................................14
Article 5 – Bonds and Insurance .....................................................................................................................15
5.01 Licensed Sureties and Insurers...................................................................................................15
5.02 Performance, Payment, and Maintenance Bonds.......................................................................15
5.03 Certificates of Insurance.............................................................................................................16
5.04 Contractor’s Insurance................................................................................................................18
5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19
Article 6 – Contractor’s Responsibilities........................................................................................................19
6.01 Supervision and Superintendence...............................................................................................19
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
6.02 Labor; Working Hours................................................................................................................19
6.03 Services, Materials, and Equipment...........................................................................................20
6.04 Project Schedule..........................................................................................................................20
6.05 Substitutes and “Or-Equals”.......................................................................................................21
6.06 Concerning Subcontractors, Suppliers, and Others....................................................................23
6.07 Wage Rates..................................................................................................................................24
6.08 Patent Fees and Royalties...........................................................................................................25
6.09 Permits and Utilities....................................................................................................................26
6.10 Laws and Regulations.................................................................................................................26
6.11 Taxes ...........................................................................................................................................27
6.12 Use of Site and Other Areas .......................................................................................................27
6.13 Record Documents......................................................................................................................28
6.14 Safety and Protection..................................................................................................................29
6.15 Safety Representative..................................................................................................................29
6.16 Hazard Communication Programs .............................................................................................30
6.17 Emergencies and/or Rectification...............................................................................................30
6.18 Submittals....................................................................................................................................30
6.19 Continuing the Work...................................................................................................................31
6.20 Contractor’s General Warranty and Guarantee..........................................................................32
6.21 Indemnification .........................................................................................................................32
6.22 Delegation of Professional Design Services ..............................................................................33
6.23 Right to Audit..............................................................................................................................34
6.24 Nondiscrimination.......................................................................................................................34
Article 7 – Other Work at the Site...................................................................................................................34
7.01 Related Work at Site...................................................................................................................34
7.02 Coordination................................................................................................................................35
Article 8 – City’s Responsibilities...................................................................................................................35
8.01 Communications to Contractor...................................................................................................35
8.02 Furnish Data................................................................................................................................35
8.03 Pay When Due ............................................................................................................................35
8.04 Lands and Easements; Reports and Tests...................................................................................36
8.05 Change Orders.............................................................................................................................36
8.06 Inspections, Tests, and Approvals..............................................................................................36
8.07 Limitations on City’s Responsibilities .......................................................................................36
8.08 Undisclosed Hazardous Environmental Condition....................................................................36
8.09 Compliance with Safety Program...............................................................................................36
Article 9 – City’s Observation Status During Construction...........................................................................36
9.01 City’s Project Manager ……......................................................................................................36
9.02 Visits to Site................................................................................................................................37
9.03 Authorized Variations in Work ..................................................................................................37
9.04 Rejecting Defective Work ..........................................................................................................37
9.05 Determinations for Work Performed..........................................................................................37
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Article 10 – Changes in the Work; Claims; Extra Work................................................................................38
10.01 Authorized Changes in the Work...............................................................................................38
10.02 Unauthorized Changes in the Work ...........................................................................................38
10.03 Execution of Change Orders.......................................................................................................38
10.04 Extra Work..................................................................................................................................38
10.05 Notification to Surety..................................................................................................................39
10.06 Contract Claims Process.............................................................................................................39
Article 11 – Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement......................40
11.01 Cost of the Work.........................................................................................................................40
11.02 Allowances..................................................................................................................................43
11.03 Unit Price Work..........................................................................................................................43
11.04 Plans Quantity Measurement......................................................................................................45
Article 12 – Change of Contract Price; Change of Contract Time.................................................................45
12.01 Change of Contract Price............................................................................................................45
12.02 Change of Contract Time............................................................................................................46
12.03 Delays..........................................................................................................................................47
Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................47
13.01 Notice of Defects ........................................................................................................................47
13.02 Access to Work...........................................................................................................................47
13.03 Tests and Inspections..................................................................................................................47
13.04 Uncovering Work........................................................................................................................49
13.05 City May Stop the Work.............................................................................................................49
13.06 Correction or Removal of Defective Work................................................................................49
13.07 Correction Period........................................................................................................................50
13.08 Acceptance of Defective Work...................................................................................................51
13.09 City May Correct Defective Work.............................................................................................51
Article 14 – Payments to Contractor and Completion....................................................................................52
14.01 Schedule of Values......................................................................................................................52
14.02 Progress Payments......................................................................................................................52
14.03 Contractor’s Warranty of Title...................................................................................................54
14.04 Partial Utilization........................................................................................................................54
14.05 Final Inspection...........................................................................................................................55
14.06 Final Acceptance.........................................................................................................................55
14.07 Final Payment..............................................................................................................................55
14.08 Final Completion Delayed and Partial Retainage Release ........................................................56
14.09 Waiver of Claims........................................................................................................................56
Article 15 – Suspension of Work and Termination........................................................................................57
15.01 City May Suspend Work.............................................................................................................57
15.02 City May Terminate for Cause...................................................................................................57
15.03 City May Terminate For Convenience.......................................................................................59
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Article 16 – Dispute Resolution......................................................................................................................61
16.01 Methods and Procedures.............................................................................................................61
Article 17 – Miscellaneous..............................................................................................................................62
17.01 Giving Notice..............................................................................................................................62
17.02 Computation of Times................................................................................................................62
17.03 Cumulative Remedies.................................................................................................................62
17.04 Survival of Obligations...............................................................................................................63
17.05 Headings......................................................................................................................................63
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
ARTICLE 1 – DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in these General Conditions or in other Contract Documents, the terms listed
below have the meanings indicated which are applicable to both the singular and plural thereof,
and words denoting gender shall include the masculine, feminine and neuter. Said terms are
generally capitalized or written in italics, but not always. When used in a context consistent with
the definition of a listed-defined term, the term shall have a meaning as defined below whether
capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
1.Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the proposed Contract Documents.
2.Agreement—The written instrument which is evidence of the agreement between City and
Contractor covering the Work.
3.Application for Payment—The form acceptable to City which is to be used by Contractor
during the course of the Work in requesting progress or final payments and which is to be
accompanied by such supporting documentation as is required by the Contract Documents.
4.Asbestos—Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
5.Award – Authorization by the City Council for the City to enter into an Agreement.
6.Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
7.Bidder—The individual or entity who submits a Bid directly to City.
8.Bidding Documents—The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
9.Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid
security of acceptable form, if any, and the Bid Form with any supplements.
10.Business Day –A business day is defined as a day that the City conducts normal business,
generally Monday through Friday, except for federal or state holidays observed by the City.
11.Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight.
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
12.Change Order—A document, which is prepared and approved by the City, which is signed
by Contractor and City and authorizes an addition, deletion, or revision in the Work or an
adjustment in the Contract Price or the Contract Time, issued on or after theEffectiveDate
of the Agreement.
13.City—The City of Denton is a Texas home-rule municipal corporation acting by its City
Council through its City Manager or his designee.
14.City Attorney – The officially appointed City Attorney of the City of Denton, Texas, or his
duly authorized representative.
15.City Council - The duly elected and qualified governing body of the City of Denton,
Texas.
16.City Manager – The officially appointed and authorized City Manager of the City of
Denton, Texas, or his duly authorized representative.
17.Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of
Contract Price or Contract Time, or both, or other relief with respect to the terms of the
Contract. A demand for money or services by a third party is not a Contract Claim.
18.Contract—The entire and integrated written document between the City and Contractor
concerning the Work. The Contract contains the Agreement and all Contract Documents and
supersedes prior negotiations, representations, or agreements, whether written or oral.
19.Contract Documents—Those items so designated in the Agreement. All items listed in the
Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and
the reports and drawings of subsurface and physical conditions are not Contract Documents.
20.Contract Price—The moneys payable by City to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the Agreement (subjecttothe
provisions of Paragraph 11.03 in the case of Unit Price Work).
21.Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve
Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance.
22.Contractor—The individual or entity with whom City has entered into the Agreement.
23.Cost of the Work—See Paragraph 11.01 of these General Conditions for definition.
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
24.Damage Claims –A demand for money or services arising from the Project or Site from a
third party, City or Contractor exclusive of a Contract Claim.
25.Day or day – A day, unless otherwise defined, shall mean a Calendar Day.
26.Drawings—That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Submittals are not Drawings as so defined.
27.Effective Date of the Agreement—The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
28.Engineer—The licensed professional engineer or engineering firm registered in the State of
Texas performing professional services for the City.
29.Extra Work –Additional work made necessary by changes or alterations of the Contract
Documents or quantities; or for other reasons for which no prices are providedinthe
Contract Documents. Extra work shall be part of the Work.
30.Field Order —A written order issued by City which requires changes in the Work but
which does not involve a change in the Contract Price, Contract Time, or the intent of the
Engineer.
31.Final Acceptance –The written notice given by the City to the Contractor that the Work
specified in the Contract Documents has been completed to the satisfactionoftheCity.
32.Final Inspection –Inspection carried out by the City to verify that the Contractor has
completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in
conformance with the Contract Documents.
33.General Requirements—Sections of Division 1 of the Contract Documents.
34.Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs,
Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or
circumstances that may present a substantial danger to persons or property exposed thereto.
35.Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or
possesses one or more hazardous characteristics as defined in the federal waste regulations,
as amended from time to time.
36.Incidental –Work items that the Contractor is not paid for directly, but costs for which are
included under the various bid items of the Project.
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
37.Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes,
and orders of any and all governmental bodies, agencies, authorities, and courts having
jurisdiction.
38.Liens—Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
39.Major Item –An Item of work included in the Contract Documents that has a total cost equal
to or greater than 5% of the original Contract Price or $25,000 whichever is less.
40.Milestone—A principal event specified in the Contract Documents relating to an intermediate
Contract Time prior to Final Acceptance of the Work.
41.Notice of Award—The written notice by City to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein, City
will sign and deliver the Agreement.
42.Notice to Proceed—A written notice given by City to Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform the
Work specified in Contract Documents.
43.PCBs—Polychlorinated biphenyls.
44.Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square
inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and
oil mixed with other non-Hazardous Waste and crude oils.
45.Plans –See definition of Drawings.
46.Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with
the General Requirements, describing the sequence and duration of the activities comprising
the Contractor’s plan to accomplish the Work within the Contract Time.
47.Project—The Work to be performed under the Contract Documents.
48.Project Manager —The authorized representative of the City who will be assigned to the
Project.
49.Project Manual – The documentary information prepared for bidding and furnishing the
Work. A listing of the contents of the Project Manual is contained in its Table of Contents.
50.Public Meeting –An announced meeting conducted by the City to facilitate public
participation and to assist the public in gaining an informed view of the Project.
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CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
51.Radioactive Material—Source, special nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
52.Regular Working Hours –Excluding legal holidays, regular working hours shall be Monday
thru Friday between 6:00 a.m. and 8:30 p.m. from June 1 to September 30 and between 7:00
a.m. and 8:30 p.m. from October 1 to May 31.
53.Samples—Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
54.Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to support scheduled performance of related
construction activities.
55.Schedule of Values—A schedule, prepared and maintained b y Contractor, allocating portions
of the Contract Price to various portions of the Work and used as the basis for reviewing
Contractor’s Applications for Payment.
56.Site—Lands or areas indicated in the Contract Documents as being furnished by City upon
which the Work is to be performed, including rights-of-way, permits, and easements for
access thereto, and such other lands furnished by City which are designated for the use of
Contractor.
57.Specifications—That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and
certain administrative requirements and procedural matters applicable thereto. Specifications
may be specifically made a part of the Contract Documents by attachment or,if not attached,
may be incorporated by reference as indicated in the Table of Contents (Division000000)
of each Project.
58.Subcontractor—An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
59.Submittals—All drawings, diagrams, illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for Contractor and submitted by
Contractor to illustrate some portion of the Work.
60.Subsidiary –See definition of Incidental.
61.Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City
makes an Award.
62.Superintendent –The representative of the Contractor who is available at all times and able
to receive instructions from the City and to act for the Contractor.
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63.Supplementary Conditions—That part of the Contract Documents which amends or
supplements these General Conditions.
64.Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a
direct contract with Contractor or with any Subcontractor to furnish materials or equipment
to be incorporated in the Work by Contractor or Subcontractor.
65.Underground Facilities—All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements
containing such facilities, including but not limited to, those that convey electricity, gases,
steam, liquid petroleum products, telephone or other communications, cable television,
water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.
66.Unit Price Work—See Paragraph 11.03 of these General Conditions for definition.
67.Weekend Working Hours –Hours between 8:00 a.m. and 8:30 p.m., Saturday, and between
1:00 p.m. and 8:30 p.m. Sunday or legal holiday, as approved in advance by the City.
68.Work—The entire construction or the various separately identifiable parts thereof required to
be provided under the Contract Documents. Work includes and is the result of performing or
providing all labor, services, and documentation necessary to produce such construction
including any Change Order or Field Order, and furnishing, installing, and incorporating all
materials and equipment into such construction, all as required by the Contract Documents.
69.Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal
holidays authorized by the City for contract purposes, in which weather or other conditions
not under the control of the Contractor will permit the performance of the principal unit of
work underway for a continuous period of not less than 7 hours between 7 a.m.and 8 p.m.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B.Intent of Certain Terms or Adjectives:
1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as
directed” or terms of like effect or import to authorize an exercise of judgment by City. In
addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or
adjectives of like effect or import are used to describe an action or determination of City as to
the Work. It is intended that such exercise of professional judgment, action, or determination
will be solely to evaluate, in general, the Work for compliance with the information in the
Contract Documents and with the design concept of the Project as a functioning whole as
shown or indicated in the Contract Documents (unless there is a specific statement indicating
otherwise).
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C.Defective:
1. The word “defective,” when modifying the word “Work,” refers to Work thatis
unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to City’s written acceptance.
D.Furnish, Install, Perform, Provide:
1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or
the word “Supply,” or any combination or similar directive or usage thereof, shall mean
furnishing and incorporating in the Work including all necessary labor, materials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
ARTICLE 2 – PRELIMINARY MATTERS
2.01 Copies of Documents
City shall furnish to Contractor one (1) original executed copy and one (1)electronic copy of the
Contract Documents, and three (3) additional copies of the Drawings. Additional copies will be
furnished upon request at the cost of reproduction.
2.02 Commencement of Contract Time; Notice to Proceed
The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to
Proceed may be given at any time within 30 days after the Effective Date of the Agreement.
2.03 Starting the Work
Contractor shall start to perform the Work on the date when the Contract Time commences to run.
No Work shall be done at the Site prior to the date on which the Contract Time commences to run.
2.04 Before Starting Construction
Baseline Schedules:Submit in accordance with the Contract Documents, and prior to starting the
Work.
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2.05 Preconstruction Conference
Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as
specified in the Contract Documents.
2.06 Public Meeting
Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor
attending the Public Meeting as scheduled by the City.
2.07 Initial Acceptance of Schedules
No progress payment shall be made to Contractor until acceptable schedules are submitted to City in
accordance with the Schedule Specification as provided in the Contract Documents.
2.08 Electronic Submittals
A. Except as otherwise stated elsewhere in the Contract, the City and Contractor may transmit, and
shall accept, Project-related correspondence, text, data, documents, drawings, information, and
graphics, including but not limited to Shop Drawings and other submittals, in electronic media or
digital format.
B. When transmitting items in electronic media or digital format, the transmitting party makes no
representations as to long term compatibility, usability, or readability of the items resulting from
the recipient’s use of software application packages, operating systems, or computer hardware
differing from those used in the drafting or transmittal of the items, or from those established in
applicable transmittal protocols.
ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if required
by all.
B. It is the intent of the Contract Documents to describe a functionally complete project (or part
thereof) to be constructed in accordance with the Contract Documents. Any labor,
documentation, services, materials, or equipment that reasonably may be inferred from the
Contract Documents or from prevailing custom or trade usage as being requiredtoproducethe
indicated result will be provided whether or not specifically called for,at no additional cost to
City.
C. Clarifications and interpretations of the Contract Documents shall be issued by City.
D. The Specifications may vary in form, format and style. Some Specification sections may be
written in varying degrees of streamlined or declarative style and some sections may be
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relatively narrative by comparison. Omission of such words and phrases as “the Contractor
shall,” “in conformity with,” “as shown,” or “as specified” are intentional in streamlined
sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions
may appear in various parts of a section or articles within a part depending on the format of the
section. The Contractor shall not take advantage of any variation of form,format or style in
making Contract Claims.
E. The cross referencing of specification sections under the subparagraph heading “Related
Sections include but are not necessarily limited to:” and elsewhere withineachSpecification
section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on
the cross referencing provided and shall be responsible to coordinate the entire Work under the
Contract Documents and provide a complete Project whether or not the cross referencing is
provided in each section or whether or not the cross referencing is complete.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
1. Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the standard, specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or an y instruction of a
Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any
of their subcontractors, consultants, agents, or employees, from those set forth in the Contract
Documents. No such provision or instruction shall be effective to assign to City, or any of its
officers, directors, members, partners, employees, agents, consultants, or subcontractors, any
duty or authority to supervise or direct the performance of the Work or any duty or authority
to undertake responsibility inconsistent with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A.Reporting Discrepancies:
1.Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each
part of the Work, Contractor shall carefully study and compare the Contract Documents and
check and verify pertinent figures therein against all applicable field measurements and
conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity,
or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a
written interpretation or clarification from City before proceeding with any Work affected
thereby.
2.Contractor’s Review of Contract Documents During Performance of Work:If, during the
performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
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within the Contract Documents, or between the Contract Documents and (a) any applicable
Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of
any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not
proceed with the Work affected thereby (except in an emergency as required by Paragraph
6.17.A) until an amendment or supplement to the Contract Documents has been issued by one
of the methods indicated in Paragraph 3.04.
3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or
discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.
B.Resolving Discrepancies:
1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and the provisions of any
standard, specification, manual, or the instruction of any Supplier (whether or not specifically
incorporated by reference in the Contract Documents).
2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Drawings
shall govern over Specifications, and Supplementary Conditions shall govern over General
Conditions and Specifications.
3.04 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by a Change Order.
B. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work not involving a change in Contract Price or Contract Time, may be
authorized, by one or more of the following ways:
1. A Field Order;
2. City’s review of a Submittal (subject to the provisions of Paragraph 6.18.C); or
3. City’s written interpretation or clarification.
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer,
including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of City and specific written
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verification or adaptation by Engineer.
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer
to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the
printed copies included in the Contract Documents (also known as hard copies). Files in
electronic media format of text, data, graphics, or other types are furnished only for the
convenience of the receiving party. Any conclusion or information obtained or derived from
such electronic files will be at the user’s sole risk. If there is a discrepancy between the
electronic files and the hard copies, the hard copies govern.
B. When transferring documents in electronic media format, the transferring party makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware
differing from those used by the data’s creator.
ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of
general application but specifically related to use of the Site with which Contractor must comply
in performing the Work. City will obtain in a timely manner and pay for easements for
permanent structures or permanent changes in existing facilities.
1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or
easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in
accordance with the schedule set forth in the Supplementary Conditions. The Project
Schedule submitted by the Contractor in accordance with the Contract Documents must
consider any outstanding right-of-way, and/or easements.
2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site.
Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted
by the Contractor in accordance with the Contract Documents must consider any outstanding
utilities or obstructions to be removed, adjusted, and/or relocated by others.
B. Upon reasonable written request, City shall furnish Contractor with a current statement of record
legal title and legal description of the lands upon which the Work is to be performed.
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C. Contractor shall provide for all additional lands and access thereto that may be required for
construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A.Reports and Drawings:The Supplementary Conditions identify:
1. those reports known to City of explorations and tests of subsurface conditions at or
contiguous to the Site; and
2. those drawings known to City of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities).
B.Limited Reliance by Contractor on Technical Data Authorized:Contractor may rely upon the
accuracy of the “technical data” contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such “technical data” is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor’s purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
construction to be employed by Contractor, and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions, and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such
other data, interpretations, opinions, or information.
4.03 Differing Subsurface or Physical Conditions
A.Notice:If Contractor believes that any subsurface or physical condition that is uncovered or
revealed either:
1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to
rely as provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the Contract Documents; or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
then Contractor shall, promptly after becoming aware thereof and before further disturbing the
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subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.17.A), notify City in writing about such condition.
B.Possible Price and Time Adjustments
Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if:
1. Contractor knew of the existence of such conditions at the time Contractor made a final
commitment to City with respect to Contract Price and Contract Time by the submission of a
Bid or becoming bound under a negotiated contract; or
2. the existence of such condition could reasonably have been discovered or revealed as a result
of the examination of the Contract Documents or the Site; or
3. Contractor failed to give the written notice as required by Paragraph 4.03.A.
4.04 Underground Facilities
A.Shown or Indicated:The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the Site is based on
information and data furnished to City or Engineer by the owners of such Underground
Facilities, including City, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
1. City and Engineer shall not be responsible for the accuracy or completeness of any such
information or data provided by others; and
2. the cost of all of the following will be included in the Contract Price, and Contractor shall
have full responsibility for:
a. reviewing and checking all such information and data;
b. locating all Underground Facilities shown or indicated in the Contract Documents;
c. coordination and adjustment of the Work with the owners of such Underground
Facilities, including City, during construction; and
d. the safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the Work.
B.Not Shown or Indicated:
1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or
contiguous to the Site which was not shown or indicated, or not shown or indicated with
reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming
aware thereof and before further disturbing conditions affected thereby or performing any
Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),
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identify the owner of such Underground Facility and give notice to that owner and to City.
City will review the discovered Underground Facility and determine the extent,ifany,to
which a change may be required in the Contract Documents to reflect and document the
consequences of the existence or location of the Underground Facility. Contractor shall be
responsible for the safety and protection of such discovered Underground Facility.
2. If City concludes that a change in the Contract Documents is required, a Change Order may
be issued to reflect and document such consequences.
3. Verification of existing utilities, structures, and service lines shall include notification of all
utility companies a minimum of 48 hours in advance of construction including exploratory
excavation if necessary.
4.05 Hazardous Environmental Condition at Site
A.Reports and Drawings:The Supplementary Conditions identify those reports and drawings
known to City relating to Hazardous Environmental Conditions that have been identified at the
Site.
B.Limited Reliance by Contractor on Technical Data Authorized:Contractor may rely upon the
accuracy of the “technical data” contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such “technical data” is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor’s purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences and procedures of
construction to be employed by Contractor and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such
other data, interpretations, opinions or information.
C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. Contractor shall be responsible
for a Hazardous Environmental Condition created with any materials brought to the Site by
Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.
D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall
immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with
such condition and in any area affected thereby (except in an emergency as required by
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Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing).
City may consider the necessity to retain a qualified expert to evaluate such condition or take
corrective action, if any.
E. Contractor shall not be required to resume Work in connection with such condition or in any
affected area until after City has obtained any required permits related thereto and delivered
written notice to Contractor: (i) specifying that such condition and any affected area is or has
been rendered suitable for the resumption of Work; or (ii) specifying any special conditions
under which such Work may be resumed.
F. If after receipt of such written notice Contractor does not agree to resumesuchWorkbasedona
reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then City may order the portion of the Work that is in the area affected by such
condition to be deleted from the Work. City may have such deleted portion of the Work
performed by City’s own forces or others.
G.To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and
hold harmless City, from and against all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and
all court or arbitration or other dispute resolution costs) arising out of or relating to a
Hazardous Environmental Condition created by Contractor or by anyone for whom
Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to
indemnify any individual or entity from and against the consequences of that individual’s or
entity’s own negligence.
H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 – BONDS AND INSURANCE
5.01 Licensed Sureties and Insurers
All bonds and insurance required by the Contract Documents to be purchased and maintained by
Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Texas to issue bonds or insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5.02 Performance, Payment, and Maintenance Bonds
A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government
Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as
security for the faithful performance and payment of all of Contractor’s obligations under the
Contract Documents.
B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security
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to protect the City against any defects in any portion of the Work described in the Contract
Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final
Acceptance by the City.
C. All bonds shall be in the form prescribed by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list
of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and
as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S. Department of the Treasury.All bonds signed
by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney
which shall show that it is effective on the date the agent or attorney-in-fact signed each bond.
The bonds must be dated on, or after, the date of the Contract.
D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in the State of Texas or it ceases to meet the requirements of
Paragraph 5.02.C, Contractor shall promptly notify City and shall, within30daysaftertheevent
giving rise to such notification, provide another bond and surety, both of which shall comply
with the requirements of Paragraphs 5.01 and 5.02.C.
5.03 Certificates of Insurance
A. Contractor shall deliver to City, with copies to each additional insured and loss payee identified
in the Supplementary Conditions, certificates of insurance (and other evidence of insurance
requested by City or any other additional insured) which Contractor is required to purchase and
maintain.
1. The certificate of insurance shall document the City, and all identified entities named in the
Supplementary Conditions as “Additional Insured” on all liability policies.
2. The Contractor’s general liability insurance shall include a, “per project” or “per location”,
endorsement, which shall be identified in the certificate of insurance provided to the City.
3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed in
the current A.M. Best Property & Casualty Guide
4. The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-:
VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below that
required, written approval of City is required.
5. All applicable policies shall include a Waiver of Subrogation (Rights ofRecovery)infavor
of the City. In addition, the Contractor agrees to waive all rights of subrogation against the
Engineer (if applicable), and each additional insured identified in the Supplementary
Conditions
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6. Failure of the City to demand such certificates or other evidence of full compliance with the
insurance requirements or failure of the City to identify a deficiency from evidence that is
provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines
of insurance coverage.
7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shallfollowformofthe
primary coverage.
8. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If
coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with
or prior to the date of the effective date of the agreement and the certificate of insurance shall
state that the coverage is claims-made and the retroactive date. The insurance coverage shall
be maintained for the duration of the Contract and for three (3) years following Final
Acceptance provided under the Contract Documents or for the warranty period, whichever is
longer. An annual certificate of insurance submitted to the City shall evidence such
insurance coverage.
9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the
required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the contractor/engineer to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups, or self-funding, must also be approved by City.
11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a
first-dollar basis, must be acceptable to and approved by the City.
12. City, at its sole discretion, reserves the right to review the insurance requirements and to
make reasonable adjustments to insurance coverage’s and their limits whendeemed
necessary and prudent by the City based upon the scope of the Work, changes in statutory
law, court decision or the claims history of the industry as well as of the contracting party to
the City. The City shall be required to provide prior notice of 90 days, and the insurance
adjustments shall be incorporated into the Work by Change Order.
13. City shall be entitled, upon written request and without expense, to receive copies of policies
and endorsements thereto and may make any reasonable requests for deletionorrevisionor
modifications of particular policy terms, conditions, limitations, or exclusions necessary to
conform the policy and endorsements to the requirements of the Contract. Deletions,
revisions, or modifications shall not be required where policy provisions are established by
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law or regulations binding upon either party or the underwriter on any such policies.
14. City shall not be responsible for the direct payment of insurance premium costs for
Contractor’s insurance.
5.04 Contractor’s Insurance
A.Workers Compensation and Employers’ Liability.Contractor shall purchase and maintain such
insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’
Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for
Employers’ Liability as is appropriate for the Work being performed and as will provide
protection from claims set forth below which may arise out of or result from Contractor’s
performance of the Work and Contractor’s other obligations under the Contract Documents,
whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly
or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts
any of them may be liable:
1. claims under workers’ compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor’s employees.
B.Commercial General Liability.Coverage shall include but not be limited to covering liability
(bodily injury or property damage) arising from: premises/operations, independent contractors,
products/completed operations, personal injury, liability under an insured contract, and
explosion/collapse/underground (where those exposures exist). Insurance shall be provided on an
occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy.
This insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the City. The Commercial General Liability
policy, shall have no exclusions by endorsements that would alter of nullify premises/operations,
products/completed operations, contractual, personal injury, or advertising injury, which are
normally contained with the policy, unless the City approves such exclusions in writing.
For construction projects that present a substantial completed operation exposure, the City may
require the contractor to maintain completed operations coverage for a minimum of no less than
three (3) years following the completion of the project (if identified in the Supplementary
Conditions).
C.Automobile Liability.A commercial business auto policy shall provide coverage on “any auto”,
defined as autos owned, hired and non-owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone
for whose acts any of them may be liable.
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D.Railroad Protective Liability.If any of the work or any warranty work is within the limits of
railroad right-of-way, the Contractor shall comply with the requirementsidentifiedinthe
Supplementary Conditions.
E.Notification of Policy Cancellation:Contractor shall immediately notify City upon cancellation
or other loss of insurance coverage. Contractor shall stop work until replacement insurance has
been procured. There shall be no time credit for days not worked pursuant to this section.
5.05 Acceptance of Bonds and Insurance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing
within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor
shall provide to the City such additional information in respect of insurance provided as the City may
reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance
required by the Contract Documents, the City shall notify the Contractor in writing of such failure
prior to the start of the Work, or of such failure to maintain prior to any change in the required
coverage.
ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction.
B. At all times during the progress of the Work, Contractor shall assign a competent
Superintendent, who is proficient in English, and who shall not be replaced without written
notice to City. If at any time the Superintendent is not satisfactory to the City, Contractor shall, if
requested by City, replace the Superintendent with another satisfactory to City.
C. Contractor shall notify the City 24 hours prior to moving areas during thesequenceof
construction.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to perform construction as
required by the Contract Documents. Contractor shall at all times maintain good discipline and
order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at
the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work
at the Site shall be performed during Regular Working Hours. Contractor will not permit the
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performance of Work beyond Regular Working Hours or for Weekend Working Hours without
City’s written consent (which will not be unreasonably withheld). Written request (by letter or
electronic communication) to perform Work:
1. for beyond Regular Working Hours, request must be made by noon at least two (2) Business
Days prior
2. for Weekend Working Hours, request must be made by noon of the preceding Wednesday
3. for legal holidays, request must be made by noon seven Days prior to the legal
holiday.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the performance,
Contractor required testing, start-up, and completion of the Work, whether or not such items are
specifically called for in the Contract Documents.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of sufficient quality to complete the Work and new, except as otherwise provided in the
Contract Documents. All special warranties and guarantees required by the Specifications shall
expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory
evidence (including reports of required tests) as to the source, kind, and quality of materials and
equipment.
C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed,
connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise may be provided in the Contract Documents.
D. All items of standard equipment to be incorporated into the Work shall be the latest model at the
time of bid, unless otherwise specified.
6.04 Project Schedule
A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07
and the General Requirements as it may be adjusted from time to time as provided below.
1. Contractor shall submit to City for acceptance (to the extent indicated inParagraph2.07and
the General Requirements) proposed adjustments in the Project Schedule that will not result
in changing the Contract Time. Such adjustments will comply with any provisions of the
General Requirements applicable thereto.
2. Contractor shall submit to City a monthly Project Schedule with a monthlyprogresspayment
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for the duration of the Contract in accordance with the schedule specification 01 32 16.
3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Time
mayonlybemadebyaChangeOrder.
6.05 Substitutes and “Or-Equals”
A. Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless
the specification or description contains or is followed by words reading that no like, equivalent,
or “or-equal” item or no substitution is permitted, other items of material or equipment of other
Suppliers may be submitted to City for review under the circumstances described below.
1.“Or-Equal” Items:If in City’s sole discretion an item of material or equipment proposed by
Contractor is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by City as an “or-equal”item, in which
case review and approval of the proposed item may, in City’s sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a. the City determines that:
1) it is at least equal in materials of construction, quality, durability,appearance,
strength, and design characteristics;
2) it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole; and
3) it has a proven record of performance and availability of responsive service; and
4) it is not objectionable to the City.
b. Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Time;and
2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
2.Substitute Items:
a. If in City’s sole discretion an item of material or equipment proposed by Contractor does
not qualify as an “or-equal” item under Paragraph 6.05.A.1, it may be submitted as a
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proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow City to
determine if the item of material or equipment proposed is essentially equivalent to that
named and an acceptable substitute therefor. Requests for review of proposed substitute
items of material or equipment will not be accepted by City from anyone otherthan
Contractor.
c. Contractor shall make written application to City for review of a proposed substitute item
of material or equipment that Contractor seeks to furnish or use. The application shall
complywithSection012500and:
1) shall certify that the proposed substitute item will:
a) perform adequately the functions and achieve the results called for by the general
design;
b) be similar in substance to that specified;
c) be suited to the same use as that specified; and
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor’s achievement of final completion on time;
b) whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with City for other work on the Project) to adapt the design to the proposed
substitute item;
c) whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
a) all variations of the proposed substitute item from that specified;
b) available engineering, sales, maintenance, repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and Damage
Claims of other contractors affected by any resulting change.
B.Substitute Construction Methods or Procedures:If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents,
Contractor may furnish or utilize a substitute means, method, technique,sequence, or procedure
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of construction approved by City. Contractor shall submit sufficient information to allow City, in
City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly
called for by the Contract Documents. Contractor shall make written application to City for
review in the same manner as those provided in Paragraph 6.05.A.2.
C.City’s Evaluation:City will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. City may require
Contractor to furnish additional data about the proposed substitute. City will be the sole judge of
acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review
is complete, which will be evidenced by a Change Order in the case of a substitute and an
accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination.
D.Special Guarantee:City may require Contractor to furnish at Contractor’s expense a special
performance guarantee, warranty, or other surety with respect to any substitute.Contractor shall
indemnify and hold harmless City and anyone directly or indirectly employed by them from
and against any and all claims, damages, losses and expenses (including attorneys fees)
arising out of the use of substituted materials or equipment.
E.City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or
submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City
approves a substitute so proposed or submitted by Contractor, Contractor may be required to
reimburse City for evaluating each such proposed substitute. Contractor may also be required to
reimburse City for the charges for making changes in the Contract Documents (or in the
provisions of any other direct contract with City) resulting from the acceptance of each proposed
substitute.
F.Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or
“or-equal” at Contractor’s expense.
G.City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a
substitute shall be incorporated to the Contract by Change Order.
H.Time Extensions: No additional time will be granted for substitutions.
6.06 Concerning Subcontractors, Suppliers, and Others
A. Contractor shall perform with his own organization, work of a value not less than 35% of the
value embraced on the Contract, unless otherwise approved by the City.
B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether
initially or as a replacement, against whom City may have reasonable objection. Contractor shall
not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or
perform any of the Work against whom Contractor has reasonable objection (excluding those
acceptable to City as indicated in Paragraph 6.06.C).
C. The City may from time to time require the use of certain Subcontractors,Suppliers, or other
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individuals or entities on the project, and will provide such requirements in the Supplementary
Conditions.
D. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities performing or furnishing anyoftheWorkjustas
Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract
Documents:
1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity
any contractual relationship between City and any such Subcontractor, Supplier or other
individual or entity; nor
2. shall create any obligation on the part of City to pay or to see to the payment of any moneys
due any such Subcontractor, Supplier, or other individual or entity except as may otherwise
be required by Laws and Regulations.
E. Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work under a direct or indirect contract with Contractor.
F. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any
of the Work shall communicate with City through Contractor.
G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents for the benefit of City.
6.07 Wage Rates
A.Duty to pay Prevailing Wage Rates.The Contractor shall comply with all requirements of
Chapter 2258, Texas Government Code (as amended), including the payment of not less than the
rates determined by the City Council of the City of Denton to be the prevailing wage rates in
accordance with Chapter 2258. Such prevailing wage rates are included in these Contract
Documents.
B.Penalty for Violation.A Contractor or any Subcontractor who does not pay the prevailing wage
shall, upon demand made by the City, pay to the City $60 for each worker emplo yed for each
calendar day or part of the day that the worker is paid less than the prevailing wage rates
stipulated in these contract documents. This penalty shall be retained by the City to offset its
administrative costs, pursuant to Texas Government Code 2258.023.
C.Complaints of Violations and City Determination of Good Cause.On receipt of information,
including a complaint by a worker, concerning an alleged violation of 2258.023, Texas
Government Code, by a Contractor or Subcontractor, the City shall make an initial
determination, before the 31st day after the date the City receives the information, as to whether
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good cause exists to believe that the violation occurred. The City shall notify in writing the
Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s
determination that there is good cause to believe the Contractor or Subcontractor has violated
Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the
difference between wages paid and wages due under the prevailing wage rates, such amounts
being subtracted from successive progress payments pending a final determination of the
violation.
D.Arbitration Required if Violation Not Resolved.An issue relating to an alleged violation of
Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected
worker, shall be submitted to binding arbitration in accordance with the Texas General
Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any
affected worker does not resolve the issue by agreement before the 15th day after the date the
City makes its initial determination pursuant to Paragraph C above. If the persons required to
arbitrate under this section do not agree on an arbitrator before the 11th day after the date that
arbitration is required, a district court shall appoint an arbitrator on the petition of any of the
persons. The City is not a party in the arbitration. The decision and award of the arbitrator is
final and binding on all parties and may be enforced in any court of competent jurisdiction.
E.Records to be Maintained.The Contractor and each Subcontractor shall, for a period of three (3)
years following the date of acceptance of the work, maintain records that show (i) the name and
occupation of each worker employed by the Contractor in the construction of the Work provided
for in this Contract; and (ii) the actual per diem wages paid to each worker.The records shall be
open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right
to Audit, shall pertain to this inspection.
F.Progress Payments. With each progress payment or payroll period, whichever is less, the
Contractor shall submit an affidavit stating that the Contractor has complied with the
requirements of Chapter 2258, Texas Government Code.
G.Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at
all times.
H.Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall
otherwise require all of its Subcontractors to comply with Paragraphs A through G above.
6.08 Patent Fees and Royalties
A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process,
product, or device which is the subject of patent rights or copyrights held by others. If a
particular invention, design, process, product, or device is specified in the Contract Documents
for use in the performance of the Work and if, to the actual knowledge of City, its use is subject
to patent rights or copyrights calling for the payment of any license fee or royalty to others, the
existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City
to disclose such information does not relieve the Contractor from its obligations to pay for the
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use of said fees or royalties to others.
B.To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless City, from and against all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and
all court or arbitration or other dispute resolution costs) arising out of or relating to any
infringement of patent rights or copyrights incident to the use in the performance of the
Work or resulting from the incorporation in the Work of any invention, design, process,
product, or device not specified in the Contract Documents.
6.09 Permits and Utilities
A.Contractor obtained permits and licenses.Contractor shall obtain and pay for all construction
permits and licenses except those provided for in the Supplementary Conditions or Contract
Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses.
Contractor shall pay all governmental charges and inspection fees necessary for the prosecution
of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B.
City shall pay all charges of utility owners for connections for providing permanent service to the
Work.
B.City obtained permits and licenses.City will obtain and pay for all permits and licenses as
provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor’s
responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the
Contract and the City approves the changes, the Contractor is responsible for obtaining
clearances and coordinating with the appropriate regulatory agency. The City will not reimburse
the Contractor for any cost associated with these requirements of any City acquired permit. The
following are permits the City will obtain if required:
1. Texas Department of Transportation Permits
2. U.S. Army Corps of Engineers Permits
3. Texas Commission on Environmental Quality Permits
4. Railroad Company Permits
5. Texas Department of Licensing and Regulation (TDLR) Permits
C.Outstanding permits and licenses.The City anticipates acquisition of and/or access to permits
and licenses. Any outstanding permits and licenses are anticipated to be acquiredinaccordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by
the Contractor in accordance with the Contract Documents must consider any outstanding
permits and licenses.
6.10 Laws and Regulations
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A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s
compliance with any Laws or Regulations.
B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or
Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor’s responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor’s obligations under Paragraph 3.02.
C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on
the cost or time of performance of the Work may be the subject of an adjustment in Contract
Price or Contract Time.
6.11 Taxes
A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to
Texas Tax Code, Subchapter H (as amended), the Contractor may purchase, rent or lease all
materials, supplies and equipment used or consumed in the performance of this contract by
issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to
comply with State Comptroller’s Rulings applicable to Texas Tax Code, Subchapter H. Any such
exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall
comply with all applicable rulings pertaining to the Texas Tax Code, Subchapter H.
B. Texas Tax permits and information may be obtained from:
1. Comptroller of Public Accounts
Sales Tax Division
Capitol Station
Austin, TX 78711; or
2.http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html
6.12 Use of Site and Other Areas
A.Limitation on Use of Site and Other Areas:
1. Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
other materials or equipment. Contractor shall assume full responsibility for any damage to
any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
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resulting from the performance of the Work.
2. At any time when, in the judgment of the City, the Contractor has obstructed, closed, or is
carrying on operations in a portion of a street, right-of-way, or easement greater than is
necessary for proper execution of the Work, the City may require the Contractor to finish the
section on which operations are in progress before work is commenced on any additional
area of the Site.
3. Construction equipment, spoil materials, supplies, forms, buildings, labs, or equipment and
supply storage buildings, or any other item that may be transported by flood flows, shall not
be stored within existing federal floodways during the course of the Work.
4. Should any Damage Claim be made by any such owner or occupant because of the
performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim.
5.Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City, from
and against all claims, costs, losses, and damages arising out of or relating to any claim or
action, legal or equitable, brought by any such owner or occupant against City.
B.Removal of Debris During Performance of the Work:During the progress of the Work
Contractor shall keep the Site and other areas free from accumulations of waste materials,
rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
C.Site Maintenance Cleaning:24 hours after written notice is given to the Contractor that the
clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor
fails to correct the unsatisfactory procedure, the City may take such direct action as the City
deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written
notice (by letter or electronic communication), and the costs of such direct action, plus 25% of
such costs, shall be deducted from the monies due or to become due to the Contractor.
D.Final Site Cleaning:Prior to Final Acceptance of the Work, Contractor shall clean the Site and
the Work and make it ready for utilization by City or adjacent property owner. At the completion
of the Work Contractor shall remove from the Site all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
E.Loading Structures:Contractor shall not load nor permit any part of any structure to be loaded
in any manner that will endanger the structure, nor shall Contractor subject any part of the Work
or adjacent property to stresses or pressures that will endanger it.
6.13 Record Documents
A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and
approved by the City, one (1) record copy of all Drawings, Specifications,Addenda, Change
Orders, Field Orders, and written interpretations and clarifications in good order and annotated to
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show changes made during construction. These record documents together with all approved
Samples and a counterpart of all accepted Submittals will be available to City for reference.
Upon completion of the Work, these record documents, any operation and maintenance manuals,
and Submittals will be delivered to City prior to Final Inspection. Contractor shall include
accurate locations for buried and embedded items.
6.14 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall
take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporated therein, whether in storage on
or off the Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal, relocation, or replacement in the course of construction.
B. Contractor shall comply with all applicable Laws and Regulations relatingtothesafetyof
persons or property, or to the protection of persons or property from damage, injury, or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection,
removal, relocation, and replacement of their property.
C. Contractor shall comply with the applicable requirements of City’s safety programs, if any.
D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any,
with which City’s employees and representatives must comply while at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused,
directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any
other individual or entity directly or indirectly employed by any of them to perform any of the
Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor.
F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and City has accepted the Work.
6.15 Safety Representative
Contractor shall inform City in writing of Contractor’s designated safety representative at the Site.
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Revised September 20, 2018
6.16 Hazard Communication Programs
Contractor shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communication information required to be made available to or exchanged between or among
employers in accordance with Laws or Regulations.
6.17 Emergencies and/or Rectification
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.
Contractor shall give City prompt written notice if Contractor believes that any significant
changes in the Work or variations from the Contract Documents have been caused thereby or are
required as a result thereof. If City determines that a change in the Contract Documents is
required because of the action taken by Contractor in response to such an emergency, a Change
Order may be issued.
B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies,
omissions, or correction necessary to conform with the requirements of the Contract Documents,
the City shall give the Contractor written notice that such work or changes are to be performed.
The written notice shall direct attention to the discrepant condition and request the Contractor to
take remedial action to correct the condition. In the event the Contractor does not take positive
steps to fulfill this written request, or does not show just cause for not taking the proper action,
within 24 hours, the City may take such remedial action with City resources or by contract. The
City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from
any funds due or become due the Contractor on the Project.
6.18 Submittals
A. Contractor shall submit required Submittals to City for review and acceptance in accordance
with the accepted Schedule of Submittals (as required by Paragraph 2.07).Each submittal will be
identified as City may require.
1. Submit in accordance with the General Requirements.
2. Data shown on the Submittals will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials, and similar data,to demonstrate to City
the services, materials, and equipment Contractor proposes to provide,and to enable City to
review the information for the limited purposes required by Paragraph 6.18.C.
3. Submittals submitted as herein provided by Contractor and reviewed by City for
conformance with the design concept shall be executed in conformity with the Contract
Documents unless otherwise required by City.
4. When Submittals are submitted for the purpose of showing the installation in greater detail,
their review shall not excuse Contractor from requirements shown on the Drawings and
Specifications.
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5. For-Information-Only submittals upon which the City is not expected to conduct review or
take responsive action may be so identified in the Contract Documents.
6. Submit required number of Samples specified in the Specifications.
7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as City may require to enable City toreviewthe
submittal for the limited purposes required by Paragraph 6.18.C.
B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any
related Work performed prior to City’s review and acceptance of the pertinent submittal will be
at the sole expense and responsibility of Contractor.
C.City’s Review:
1. City will provide timely review of required Submittals in accordance with the Schedule of
Submittals acceptable to City. City’s review and acceptance will be only to determine if the
items covered by the submittals will, after installation or incorporationintheWork,conform
to the information given in the Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole as indicated by the Contract
Documents.
2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence,
or procedure of construction is specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and acceptance
of a separate item as such will not indicate approval of the assembly in which the item
functions.
3. City’s review and acceptance shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Section 01 33 00 and City has given written acceptance of each
such variation by specific written notation thereof incorporated in or accompanying the
Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for
complying with the requirements of the Contract Documents.
6.19 Continuing the Work
Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule
during all disputes or disagreements with City. No Work shall be delayed or postponed pending
resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in
writing.
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6.20 Contractor’s General Warranty and Guarantee
A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract
Documents and will not be defective. City and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
Contractor’s warranty and guarantee.
B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
2. normal wear and tear under normal usage.
C. Contractor’s obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor’s obligation to perform
the Work in accordance with the Contract Documents:
1. observations by City;
2. recommendation or payment by City of any progress or final payment;
3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by
City;
4. use or occupancy of the Work or any part thereof by City;
5. any review and acceptance of a Submittal by City;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by City.
D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to
other work or property resulting therefrom which shall appear within a period of two (2) years
from the date of Final Acceptance of the Work unless a longer period is specified and shall
furnish a good and sufficient maintenance bond, complying with the requirements of Article
5.02.B. The City will give notice of observed defects with reasonable promptness.
6.21 Indemnification
A.Contractor covenants and agrees to indemnify, hold harmless and defend, atitsown
expense, the City, its officers, servants and employees, from and against any and all claims
arising out of, or alleged to arise out of, the work and services to be performed by the
Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this
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Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO
OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL
OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN
PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity
provision is intended to include, without limitation, indemnity for costs, expenses and legal
fees incurred by the City in defending against such claims and causes of actions.
B.Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the
City, its officers, servants and employees, from and against any and all loss, damage or
destruction of property of the City, arising out of, or alleged to arise out of, the work and
services to be performed by the Contractor, its officers, agents, employees, subcontractors,
licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS
SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS
ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT
WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR
NEGLIGENCE OF THE CITY.
6.22 Delegation of Professional Design Services
A. Contractor will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such
services are required to carry out Contractor’s responsibilities for construction means, methods,
techniques, sequences and procedures.
B. If professional design services or certifications by a design professionalrelatedtosystems,
materials or equipment are specifically required of Contractor by the Contract Documents, City
will specify all performance and design criteria that such services must satisfy. Contractor shall
cause such services or certifications to be provided by a properly licensed professional, whose
signature and seal shall appear on all drawings, calculations, specifications, certifications, and
Submittals prepared by such professional. Submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such professional’s written approval when
submitted to City.
C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services,
certifications or approvals performed by such design professionals, provided City has specified
to Contractor performance and design criteria that such services must satisfy.
D. Pursuant to this Paragraph 6.22, City’s review and acceptance of design calculations and design
drawings will be only for the limited purpose of checking for conformance with performance and
design criteria given and the design concept expressed in the Contract Documents. City’s review
and acceptance of Submittals (except design calculations and design drawings) will be only for
the purpose stated in Paragraph 6.18.C.
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6.23 Right to Audit
A. The City shall have the right to audit and make copies of the books, records and computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and other
evidence pertaining to the Contract period and five years thereafter, except if an audit is in
progress or audit findings are yet unresolved, in which case records shall be kept until all audit
tasks are completed and resolved. These books, records, documents and other evidence shall be
available, within ten (10) business days of written request. Further, the Contractor shall also
require all Subcontractors, material suppliers, and other payees to retain all books, records,
documents and other evidence pertaining to the Contract, and to allow the City similar access to
those documents. All books and records will be made available within a 50 mile radius of the
City. The cost of the audit will be borne by the City unless the audit reveals an overpayment of
1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit,
including any travel costs, must be borne by the Contractor which must be payable within five (5)
business days of receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract
and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the
terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed
to include drafts and electronic files, even if such drafts or electronic files are subsequently used
to generate or prepare a final printed document.
6.24 Nondiscrimination
A. The City is responsible for operating Public Transportation Programs and implementing transit-
related projects, which are funded in part with Federal financial assistanceawardedbytheU.S.
Department of Transportation and the Federal Transit Administration (FTA), without
discriminating against any person in the United States on the basis of race, color, or national
origin.
B.Title VI, Civil Rights Act of 1964 as amended:Contractor shall comply with the requirements of
the Act and the Regulations as further defined in the Supplementary Conditions for any project
receiving Federal assistance.
ARTICLE 7 – OTHER WORK AT THE SITE
7.01 Related Work at Site
A. City may perform other work related to the Project at the Site with City’s employees, or other
City contractors, or through other direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Contract Documents, then written notice
thereof will be given to Contractor prior to starting any such other work; and
B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility
owner, and City, if City is performing other work with City’s employees or other City
contractors, proper and safe access to the Site, provide a reasonable opportunity for the
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introduction and storage of materials and equipment and the execution of such other work, and
properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of
the Work that may be required to properly connect or otherwise make its several parts come
together and properly integrate with such other work. Contractor shall not endanger any work of
others by cutting, excavating, or otherwise altering such work; provided, however, that
Contractor may cut or alter others' work with the written consent of City and the others whose
work will be affected.
C. If the proper execution or results of any part of Contractor’s Work depends upon work performed
by others under this Article 7, Contractor shall inspect such other work and promptly report to
City in writing any delays, defects, or deficiencies in such other work that render it unavailable
or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so
report will constitute an acceptance of such other work as fit and proper for integration with
Contractor’s Work except for latent defects in the work provided by others.
7.02 Coordination
A. If City intends to contract with others for the performance of other work on the Project at the
Site, the following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such
coordination.
ARTICLE 8 – CITY’S RESPONSIBILITIES
8.01 Communications to Contractor
Except as otherwise provided in the Supplementary Conditions, City shall issue all communications
to Contractor.
8.02 Furnish Data
City shall timely furnish the data required under the Contract Documents.
8.03 Pay When Due
City shall make payments to Contractor in accordance with Article 14.
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8.04 Lands and Easements; Reports and Tests
City’s duties with respect to providing lands and easements and providing engineering surveys to
establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City’s
identifying and making available to Contractor copies of reports of explorations and tests of
subsurface conditions and drawings of physical conditions relating to existing surface or subsurface
structures at or contiguous to the Site that have been utilized by City in preparing the Contract
Documents.
8.05 Change Orders
City shall execute Change Orders in accordance with Paragraph 10.03.
8.06 Inspections, Tests, and Approvals
City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
13.03.
8.07 Limitations on City’s Responsibilities
A. The City shall not supervise, direct, or have control or authority over,nor be responsible for,
Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. City will not be responsible for
Contractor’s failure to perform the Work in accordance with the Contract Documents.
B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14.
8.08 Undisclosed Hazardous Environmental Condition
City’s responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth
in Paragraph 4.06.
8.09 Compliance with Safety Program
While at the Site, City’s employees and representatives shall comply with the specific applicable
requirements of Contractor’s safety programs of which City has been informed pursuant to
Paragraph 6.14.
ARTICLE 9 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION
9.01 City’s Project Manager or Duly Authorized Representative
City will provide a Project Manager or duly authorized representative during the construction
period. The duties and responsibilities and the limitations of authority of City’s Project Manager or
duly appointed representative during construction are set forth in the Contract Documents. City’s
Project Manager for this Contract is as set forth in the Supplementary Conditions. City will establish
a duly authorized representative at the Preconstruction Meeting in accordance with Section 01 31 19.
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9.02 Visits to Site
A. City will make visits to the Site at intervals appropriate to the various stages of construction as
City deems necessary in order to observe the progress that has been made and the quality of
the various aspects of Contractor’s executed Work. Based on information obtained during
such visits and observations, City will determine, in general, if the Workisproceedingin
accordance with the Contract Documents. City will not be required to make exhaustive or
continuous inspections on the Site to check the quality or quantity of the Work. City’s efforts
will be directed toward providing City a greater degree of confidence that the completed Work
will conform generally to the Contract Documents.
B. City’s visits and observations are subject to all the limitations on authority and responsibility set
forth in Paragraph 8.07. Particularly, but without limitation, during or as a result of City’s visits
or observations of Contractor’s Work, City will not supervise, direct, control, or have authority
over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures
of construction, or the safety precautions and programs incident thereto, or for any failure of
Contractor to comply with Laws and Regulations applicable to the performance of the Work.
9.03 Authorized Variations in Work
City’s Project Manager or duly authorized representative may authorize minor variations in the
Work from the requirements of the Contract Documents which do not involve an adjustment in the
Contract Price or the Contract Time and are compatible with the design concept of the completed
Project as a functioning whole as indicated by the Contract Documents. These may be accomplished
by a Field Order and will be binding on City and also on Contractor, who shall perform the Work
involved promptly.
9.04 Rejecting Defective Work
City will have authority to reject Work which City’s Project Manager or duly authorized
representative believes to be defective, or will not produce a completed Project that conforms to the
Contract Documents or that will prejudice the integrity of the design concept of the completed
Project as a functioning whole as indicated by the Contract Documents. City will have authority to
conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work
is fabricated, installed, or completed.
9.05 Determinations for Work Performed
Contractor will determine the actual quantities and classifications of Work performed. City’s Project
Manager or duly authorized representative will review with Contractor the preliminary
determinations on such matters before rendering a written recommendation. City’s written decision
will be final (except as modified to reflect changed factual conditions ormoreaccuratedata).
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9.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder.
B. City will render a written decision on any issue referred.
C. City’s written decision on the issue referred will be final and binding on the Contractor, subject
to the provisions of Paragraph 10.06.
ARTICLE 10 – CHANGES IN THE WORK; CLAIMS; EXTRA WORK
10.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, City may, at any time or from
time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall proceed with
the Work involved only upon receiving written notice from City. Extra Work will be performed
under the applicable conditions of the Contract Documents (except as otherwise specifically
provided). Extra Work shall be memorialized by a Change Order which may or may not precede
an order of Extra work.
B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field
Order may be issued by the City.
10.02 Unauthorized Changes in the Work
Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract
Time with respect to any work performed that is not required by the Contract Documents as
amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an
emergency as provided in Paragraph 6.17.
10.03 Execution of Change Orders
A. City and Contractor shall execute appropriate Change Orders covering:
1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii)
required because of acceptance of defective Work under Paragraph 13.08 or City’s correction
of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;
2. changes in the Contract Price or Contract Time which are agreed to by the parties, including
any undisputed sum or amount of time for Work actually performed.
10.04 Dispute of Extra Work
A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment
thereof, and the City insists upon its performance, the Contractor shall proceed with the work
after making written request for written orders and shall keep accurate account of the actual
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reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to
Paragraph 10.06.
B. The Contractor shall furnish the City such installation records of all deviations from the original
Contract Documents as may be necessary to enable the City to prepare for permanent record a
corrected set of plans showing the actual installation.
C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall
be a full, complete and final payment for all costs Contractor incurs as a result or relating to the
change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that
time, including without limitation, any costs for delay, extended overhead, ripple or impact cost,
or any other effect on changed or unchanged work as a result of the change or Extra Work.
10.05 Notification to Surety
If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not limited
to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s
responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the
effect of any such change.
10.06 Contract Claims Process
A. City’s Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09,
shall be referred to the City for decision. A decision by City shall be required as a condition
precedent to any exercise by Contractor of any rights or remedies he may otherwise have under
the Contract Documents or by Laws and Regulations in respect of such Contract Claims.
B.Notice:
1. Written notice stating the general nature of each Contract Claim shall be delivered by the
Contractor to City no later than 15 days after the start of the event giving rise thereto. The
responsibility to substantiate a Contract Claim shall rest with the party making the Contract
Claim.
2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered
to the City on or before 45 days from the start of the event giving rise thereto (unless the City
allows additional time for Contractor to submit additional or more accurate data in support of
such Contract Claim).
3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with
the provisions of Paragraph 12.01.
4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with
the provisions of Paragraph 12.02.
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5. Each Contract Claim shall be accompanied by Contractor’s written statement that the
adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a
result of said event.
6. The City shall submit any response to the Contractor within 30 days after receipt of the
claimant’s last submittal (unless Contract allows additional time).
C.City’s Action: City will review each Contract Claim and, within 30 days after receipt of the last
submittal of the Contractor, if any, take one of the following actions in writing:
1. deny the Contract Claim in whole or in part;
2. approve the Contract Claim; or
3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City’s
sole discretion, it would be inappropriate for the City to do so. For purposes of further
resolution of the Contract Claim, such notice shall be deemed a denial.
D. City’s written action under Paragraph 10.06.C will be final and binding, unless City or
Contractor invoke the dispute resolution procedure set forth in Article 16within30daysofsuch
action or denial.
E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not
submitted in accordance with this Paragraph 10.06.
F. If the City fails to take any action pursuant to Paragraph 10.06 (C) the contract Claim is
considered to have been denied by the City.
ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS
QUANTITY MEASUREMENT
11.01 Cost of the Work
A.Costs Included:The term Cost of the Work means the sum of all costs, except those excluded in
Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the
Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to
Contractor will be only those additional or incremental costs required because of the change in
the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B, and shall
include but not be limited to the following items:
1. Payroll costs for employees in the direct employ of Contractor in the performance of the
Work under schedules of job classifications agreed upon by City and Contractor. Such
employees shall include, without limitation, superintendents, foremen, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on the
Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall
include;
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a. salaries and wages plus the cost of fringe benefits, which shall include social security
contributions, unemployment, excise, and payroll taxes, workers’ compensation, health
and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work outside of Regular Working Hours, Weekend
Working Hours, or legal holidays, shall be included in the above to the extent authorized
by City.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers’ field services required in connection
therewith.
3. Rentals of all construction equipment and machinery, and the parts thereof whether rented
from Contractor or others in accordance with rental agreements approved byCity,andthe
costs of transportation, loading, unloading, assembly, dismantling, andremovalthereof.All
such costs shall be in accordance with the terms of said rental agreements.The rental of any
such equipment, machinery, or parts shall cease when the use thereof is no longer necessary
for the Work.
4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If
required by City, Contractor shall obtain competitive bids from subcontractors acceptable to
City and Contractor and shall deliver such bids to City, who will then determine, which bids,
if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on
the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall
be determined in the same manner as Contractor’s Cost of the Work and fee as provided in
this Paragraph 11.01.
5. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically related
to the Work.
6. Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Contractor’s employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facilities at the Site, and hand tools not
owned by the workers, which are consumed in the performance of the Work, and cost,
less market value, of such items used but not consumed which remain the property of
Contractor.
c. Sales, consumer, use, and other similar taxes related to the Work, and forwhich
Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and
Regulations.
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d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts any ofthemmay
be liable, and royalty payments and fees for permits and licenses.
e. Losses and damages (and related expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained by Contractor in connection with the
performance of the Work, provided such losses and damages have resulted from causes
other than the negligence of Contractor, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable. Such
losses shall include settlements made with the written consent and approval of City. No
such losses, damages, and expenses shall be included in the Cost of the Work for the
purpose of determining Contractor’s fee.
f. The cost of utilities, fuel, and sanitary facilities at the Site.
g. Minor expenses such as telegrams, long distance telephone calls, telephone and
communication services at the Site, express and courier services, and similar petty cash
items in connection with the Work.
h. The costs of premiums for all bonds and insurance Contractor is required by the Contract
Documents to purchase and maintain.
B.Costs Excluded:The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the
Site or in Contractor’s principal or branch office for general administration of the Work and
not specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be
considered administrative costs covered by the Contractor’s fee.
2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the
Site.
3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital
employed for the Work and charges against Contractor for delinquent payments.
4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective Work, disposal of materials or equipment wrongly
supplied, and making good any damage to property.
5. Other overhead or general expense costs of any kind.
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C.Contractor’s Fee:When all the Work is performed on the basis of cost-plus, Contractor’s fee
shall be determined as set forth in the Agreement. When the value of any Work covered by a
Change Order for an adjustment in Contract Price is determined on the basis of Cost of the
Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C.
D.Documentation:Whenever the Cost of the Work for any purpose is to be determined pursuant to
Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form acceptable to City
an itemized cost breakdown together with supporting data.
11.02 Allowances
A.Specified Allowance:It is understood that Contractor has included in the Contract Price all
allowances so named in the Contract Documents and shall cause the Work so covered to be
performed for such sums and by such persons or entities as may be acceptable to City.
B.Cash Allowances:
1. Contractor agrees that:
a. the cash allowances include the cost to Contractor (less any applicable trade discounts)
of materials and equipment required by the allowances to be delivered at the Site, and all
applicable taxes; and
b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the cash allowances have been included in
the allowances, and no demand for additional payment on account of any of the
foregoing will be valid.
C.Contingency Allowance:Contractor agrees that a contingency allowance, if any, is for the sole
use of City.
D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due
Contractor on account of Work covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of the
actual quantities and classifications of Unit Price Work performed by Contractor will be made by
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City subject to the provisions of Paragraph 9.05.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to
cover Contractor’s overhead and profit for each separately identified item. Work described in the
Contract Documents, or reasonably inferred as required for a functionally complete installation,
but not identified in the listing of unit price items shall be considered incidental to unit price
work listed and the cost of incidental work included as part of the unit price.
D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if:
1. the quantity of any item of Unit Price Work performed by Contractor differs materially and
significantly from the estimated quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect to any other item of Work.
E.Increased or Decreased Quantities:The City reserves the right to order Extra Work in
accordance with Paragraph 10.01.
1. If the changes in quantities or the alterations do not significantly change the character of
work under the Contract Documents, the altered work will be paid for at the Contract unit
price.
2. If the changes in quantities or alterations significantly change the character of work, the
Contract will be amended by a Change Order.
3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended
by a Change Order in accordance with Article 12.
4. A significant change in the character of work occurs when:
a. the character of work for any Item as altered differs materially in kind or nature from that
in the Contract or
b. a Major Item of work varies by more than 25% from the original Contract quantity.
5. When the quantity of work to be done under any Major Item of the Contract is more than
125% of the original quantity stated in the Contract, then either party to the Contract may
request an adjustment to the unit price on the portion of the work that is above 125%.
6. When the quantity of work to be done under any Major Item of the Contract is less than 75%
of the original quantity stated in the Contract, then either party to the Contract may request
an adjustment to the unit price.
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Revised September 20, 2018
11.04 Plans Quantity Measurement for Unclassified Excavation or Embankment
A. Plans quantities may or may not represent the exact quantity of work performed or material
moved, handled, or placed during the execution of the Contract. The estimated bid quantities are
designated as final payment quantities, unless revised by the governing Section or this Article.
B. If the quantity measured as outlined under “Price and Payment Procedures” varies by more than
25% (or as stipulated under “Price and Payment Procedures” for specific Items) from the total
estimated quantity for an individual Item originally shown in the Contract Documents, an
adjustment may be made to the quantity of authorized work done for payment purposes. The
party to the Contract requesting the adjustment will provide field measurements and calculations
showing the final quantity for which payment will be made. Payment for revised quantity will be
made at the unit price bid for that Item, except as provided for in Article 10.
C. When quantities are revised by a change in design approved by the City, by Change Order, or to
correct an error, or to correct an error on the plans, the plans quantity will be increased or
decreased by the amount involved in the change, and the 25% variance will apply to the new
plans quantity.
D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than
$250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans
quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans
quantity.
E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are
not applicable.
ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME
12.01 Change of Contract Price
A. The Contract Price may only be changed by a Change Order.
B. The value of any Work covered by a Change Order will be determined as follows:
1. where the Work involved is covered by unit prices contained in the Contract Documents, by
application of such unit prices to the quantities of the items involved (subject to the
provisions of Paragraph 11.03); or
2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum or unit price (which may include an allowance for overhead
and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost
of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work;
or
3. where the Work involved is not covered by unit prices contained in the Contract Documents
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and agreement to a lump sum or unit price is not reached under Paragraph 12.01.B.2, on the
basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a
Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C).
C.Contractor’s Fee:The Contractor’s additional fee for overhead and profit shall be determined as
follows:
1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various
portions of the Cost of the Work:
a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the
Contractor’s additional fee shall be 15 percent except for:
1) rental fees for Contractor’s own equipment using standard rental rates;
2) bonds and insurance;
b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor’s fee shall be
five percent (5%);
1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee
and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and
12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever
tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under
Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and
Contractor will each be paid a fee of five percent (5%) of the amount paid to the next
lower tier Subcontractor, however in no case shall the cumulative total of fees paid be
in excess of 25%;
c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.6, and
11.01.B;
d. the amount of credit to be allowed by Contractor to City for any change which results in
a net decrease in cost will be the amount of the actual net decrease in cost plus a
deduction in Contractor’s fee by an amount equal to five percent (5%) of suchnet
decrease.
12.02 Change of Contract Time
A. The Contract Time may only be changed by a Change Order.
B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless
the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project
Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or
claimed delay adversely affects the critical path.
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Revised September 20, 2018
12.03 Delays
A. Where Contractor is reasonably delayed in the performance or completionofanypartofthe
Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time
may be extended in an amount equal to the time lost due to such delay if a Contract Claim is
made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts
or neglect by City, acts or neglect of utility owners or other contractors performing other work as
contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.
Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in
this Paragraph.
B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays
within the control of Contractor. Delays attributable to and within the control of a Subcontractor
or Supplier shall be deemed to be delays within the control of Contractor.
D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when
direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide
information or material, if any, which is to be furnished by the City.
ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
Notice of all defective Work of which City has actual knowledge will be giventoContractor.
Defective Work may be rejected, corrected, or accepted as provided in this Article 13.
13.02 Access to Work
City, independent testing laboratories, and governmental agencies with jurisdictional interests will
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. Contractor shall provide them proper and safe conditions for such access and advise them of
Contractor’s safety procedures and programs so that they may comply therewith as applicable.
13.03 Tests and Inspections
A. Contractor shall give City timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any
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of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full
responsibility for arranging and obtaining such independent inspections, tests, retests or
approvals, pay all costs in connection therewith, and furnish City the required certificates of
inspection or approval; excepting, however, those fees specifically identified in the
Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR)
inspections, which shall be paid as described in the Supplementary Conditions.
C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection
with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or
equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment
submitted for approval prior to Contractor’s purchase thereof for incorporationintheWork.
Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to
City.
D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to
perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by
City.
1. City will coordinate such Testing to the extent possible, with Contractor;
2. Should any Testing under this Section 13.03 D result in a “fail”, “did not pass” or other
similar negative result, the Contractor shall be responsible for paying for any and all retests.
Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative
result and require a retest.
3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the
Testing Lab by Contractor. City will forward all invoices for retests to Contractor.
4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing
Lab is paid.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of City, Contractor shall, if requested by City, uncover
such Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense.
G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued
under Section 13.03 D.
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13.04 Uncovering Work
A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s
expense.
B. If City considers it necessary or advisable that covered Work be observed by City or inspected or
tested by others, Contractor, at City’s request, shall uncover, expose, or otherwise make available
for observation, inspection, or testing as City may require, that portion of the Work in question,
furnishing all necessary labor, material, and equipment.
1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs,
losses, and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or other dispute resolution costs) arising out
of or relating to such uncovering, exposure, observation, inspection, and testing, and of
satisfactory replacement or reconstruction (including but not limited to all costs of repair or
replacement of work of others); or City shall be entitled to accept defective Work in
accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all
costs associated with exposing, observing, and testing the defective Work.
2. If the uncovered Work is not found to be defective, Contractor shall be allowed an
extension of the Contract Time directly attributable to such uncovering, exposure,
observation, inspection, testing, replacement, and reconstruction.
13.05 City May Stop the Work
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials
or equipment, or fails to perform the Work in such a way that the completed Work will conform to
the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until
the cause for such order has been eliminated; however, this right of City to stop the Work shall not
give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any
Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of
any of them.
13.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to
an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has
been rejected by City, remove it from the Project and replace it with Work that is not defective.
Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relatingtosuchcorrection
or removal (including but not limited to all costs of repair or replacement of work of others).
Failure to require the removal of any defective Work shall not constitute acceptance of such
Work.
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B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that would void or otherwise impair City’s special warranty and
guarantee, if any, on said Work.
13.07 Correction Period
A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may
be prescribed by the terms of any applicable special guarantee required by the Contract
Documents), any Work is found to be defective, or if the repair of any damages to the land or
areas made available for Contractor’s use by City or permitted by Laws and Regulations as
contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without
cost to City and in accordance with City’s written instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by City, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to otherWork,tothework
of others or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an
emergency where delay would cause serious risk of loss or damage, City may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or other dispute resolution costs)
arising out of or relating to such correction or repair or such removal and replacement (including
but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.
C. In special circumstances where a particular item of equipment is placed in continuous service
before Final Acceptance of all the Work, the correction period for that item may start to run from
an earlier date if so provided in the Contract Documents.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of one year after the end of
the initial correction period. City shall provide 30 days written notice to Contractor should such
additional warranty coverage be required. Contractor may dispute this requirement by filing a
Contract Claim, pursuant to Paragraph 10.06.
E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limitation or repose.
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13.08 Acceptance of Defective Work
If, instead of requiring correction or removal and replacement of defective Work, City prefers to
accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or other dispute resolution costs) attributable to City’s evaluation of and determination to
accept such defective Work and for the diminished value of the Work to the extent not otherwise
paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be
issued incorporating the necessary revisions in the Contract Documents with respect to the Work,
and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished
value of Work so accepted.
13.09 City May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from City to correct defective
Work, or to remove and replace rejected Work as required by City in accordance with Paragraph
13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,
or if Contractor fails to comply with any other provision of the Contract Documents, City may,
after seven (7) days written notice to Contractor, correct, or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor’s services related thereto, and incorporate in the Work all materials and equipment
incorporated in the Work, stored at the Site or for which City has paid Contractor but which are
stored elsewhere. Contractor shall allow City, City’s representatives,agents, consultants,
employees, and City’s other contractors, access to the Site to enable City to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph
13.09 will be charged against Contractor, and a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect to the Work; and City shall be
entitled to an appropriate decrease in the Contract Price.
D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work attributable to the exercise of City’s rights and remedies under this
Paragraph 13.09.
ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve
as the basis for progress payments and will be incorporated into a form of Application for Payment
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acceptable to City. Progress payments on account of Unit Price Work will be based on the number of
units completed.
14.02 Progress Payments
A.Applications for Payments:
1. Contractor is responsible for providing all information as required to become a vendor of the
City.
2. At least 20 days before the date established in the General Requirements for each progress
payment, Contractor shall submit to City for review an Application for Payment filled out
and signed by Contractor covering the Work completed as of the date of the Application and
accompanied by such supporting documentation as is required by the Contract Documents.
3. If payment is requested on the basis of materials and equipment not incorporatedintheWork
but delivered and suitably stored at the Site or at another location agreed to in writing, the
Application for Payment shall also be accompanied by a bill of sale, invoice, or other
documentation warranting that City has received the materials and equipment free and clear
of all Liens and evidence that the materials and equipment are covered by appropriate
insurance or other arrangements to protect City’s interest therein, all of which must be
satisfactory to City.
4. Beginning with the second Application for Payment, each Application shall include an
affidavit of Contractor stating that previous progress payments received on account of the
Work have been applied on account to discharge Contractor’s legitimate obligations
associated with prior Applications for Payment.
5. The amount of retainage with respect to progress payments will be as stipulated in the
Contract Documents.
B.Review of Applications:
1. City will, after receipt of each Application for Payment, either indicate in writing a
recommendation of payment or return the Application to Contractor indicating reasons for
refusing payment. In the latter case, Contractor may make the necessary corrections and
resubmit the Application.
2. City’s processing of any payment requested in an Application for Payment will be based on
City’s observations of the executed Work, and on City’s review of the Application for
Payment and the accompanying data and schedules, that to the best of City’s knowledge:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance,
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the results of any subsequent tests called for in the Contract Documents, a final
determination of quantities and classifications for Work performed under Paragraph 9.05,
and any other qualifications stated in the recommendation).
3. Processing any such payment will not thereby be deemed to have represented that:
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in progress, or
involved detailed inspections of the Work beyond the responsibilities specifically
assigned to City in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle Contractor
to be paid additionally by City or entitle City to withhold payment to Contractor, or
c. Contractor has complied with Laws and Regulations applicable to Contractor’s
performance of the Work.
4. City may refuse to process the whole or any part of any payment because of subsequently
discovered evidence or the results of subsequent inspections or tests, and revise or revoke
any such payment previously made, to such extent as may be necessary to protect City from
loss because:
a. the Work is defective, or the completed Work has been damaged by the Contractororhis
subcontractors, requiring correction or replacement;
b. discrepancies in quantities contained in previous applications for payment;
c. the Contract Price has been reduced by Change Orders;
d. City has been required to correct defective Work or complete Work in accordance with
Paragraph 13.09; or
e. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A.
C.Retainage:
1. For all contracts, retainage shall be five percent (5%).
D.Liquidated Damages: For each calendar day that any work shall remain uncompleted after the
time specified in the Contract Documents, the sum per day specified in the Agreement, will be
deducted from the monies due the Contractor, not as a penalty, but as liquidated damages
suffered by the City.
E.Payment:Contractor will be paid pursuant to the requirements of this Article 14 and payment
will become due in accordance with the Contract Documents.
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F.ReductioninPayment:
1. City may refuse to make payment of the amount requested because:
a. Claims have been made against City on account of Contractor’s performance or
furnishing of the Work;
b. Liens have been filed in connection with the Work, except where Contractor
has delivered a specific bond satisfactory to City to secure the satisfaction and
discharge of such Liens;
c. there are other items entitling City to a set-off against the amount recommended; or
d. City has actual knowledge of the occurrence of any of the events enumerated
in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A.
2. If City refuses to make payment of the amount requested, City will give Contractor
written notice stating the reasons for such action and pay Contractor any amount remaining
after deduction of the amount so withheld. City shall pay Contractor the amount so
withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor
remedies the reasons for such action.
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14.03 Contractor’s Warranty of Title
Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to City no later than
the time of payment free and clear of all Liens.
14.04 Partial Utilization
A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed
part of the Work which has specifically been identified in the Contract Documents, or which
City, determines constitutes a separately functioning and usable part of the Work that can be
used by City for its intended purpose without significant interference with Contractor’s
performance of the remainder of the Work. City at any time may notify Contractor in writing to
permit City to use or occupy any such part of the Work which City determines to be ready for its
intended use, subject to the following conditions:
1. Contractor at any time may notify City in writing that Contractor considers any such part of
the Work ready for its intended use.
2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and
Contractor shall make an inspection of that part of the Work to determine its status of
completion. If City does not consider that part of the Work to be substantially complete, City
will notify Contractor in writing giving the reasons therefor.
3. Partial Utilization will not constitute Final Acceptance by City.
14.05 Final Inspection
A. Upon written notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
1. City will promptly schedule a Final Inspection with Contractor.
2. City will notify Contractor in writing of all particulars in which this inspection reveals that
the Work is incomplete or defective. Contractor shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
B. City reserves the right to deny request for Final Inspection if City determines that the entire Work
is not sufficiently complete to warrant a Final Inspection.
14.06 Final Acceptance
Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final
Inspection, City will issue to Contractor a letter of Final Acceptance.
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14.07 Final Payment
A.Application for Payment:
1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for
final payment following the procedure for progress payments in accordancewiththe
Contract Documents.
2. The final Application for Payment shall be accompanied (except as previously delivered) by:
a. all documentation called for in the Contract Documents, including but not limited to
the evidence of insurance required by Paragraph 5.03;
b. consent of the surety, if any, to final payment;
c. a list of all pending or released Damage Claims against City that Contractor believes
are unsettled; and
d. affidavits of payments and complete and legally effective releases or
waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in
connection with the Work.
B. Payment Becomes Due:
1. After City’s acceptance of the Application for Payment and accompanying
documentation, requested by Contractor, less previous payments made and any sum
City is entitled, including but not limited to liquidated damages, will become due and
payable.
2. After all Damage Claims have been resolved:
a. directly by the Contractor or;
b. Contractor provides evidence that the Damage Claim has been reported to
Contractor’s insurance provider for resolution.
3. The making of the final payment by the City shall not relieve the Contractor of
any guarantees or other requirements of the Contract Documents which specifically
continue thereafter.
14.08 Final Completion Delayed and Partial Retainage Release
A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon
receipt of Contractor’s final Application for Payment, and without terminating the Contract,
make payment of the balance due for that portion of the Work fully completed and accepted. If
the remaining balance to be held by City for Work not fully completed or correctedislessthan
the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in
Paragraph 5.02, the written consent of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by Contractor to City with
the Application for such payment. Such payment shall be made under the terms and conditions
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governing final payment, except that it shall not constitute a waiver of Contract Claims.
B.Partial Retainage Release. For a Contract that provides for a separate vegetative establishment
and maintenance, and test and performance periods following the completion of all other
construction in the Contract Documents for all Work locations, the City may release a portion of
the amount retained provided that all other work is completed as determinedbytheCity.Before
the release, all submittals and final quantities must be completed and accepted for all other work.
An amount sufficient to ensure Contract compliance will be retained.
14.09 Waiver of Claims
The acceptance of final payment will constitute a release of the City from all claims or liabilities
under the Contract for anything done or furnished or relating to the work under the Contract
Documents or any act or neglect of City related to or connected with the Contract.
ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION
15.01 City May Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to Contractor and which may fix the date on which Work will be resumed. Contractor
shall resume the Work on the date so fixed. During temporary suspension of the Work covered
by these Contract Documents, for any reason, the City will make no extra payment for stand-by
time of construction equipment and/or construction crews.
B. Should the Contractor not be able to complete a portion of the Project duetocausesbeyondthe
control of and without the fault or negligence of the Contractor, and should it be determined by
mutual consent of the Contractor and City that a solution to allow construction to proceed is not
available within a reasonable period of time, Contractor may request an extension in Contract
Time, directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall
store all materials in such a manner that they will not obstruct or impede the public unnecessarily
nor become damaged in any way, and he shall take every precaution to prevent damage or
deterioration of the work performed;he shall provide suitable drainage about the work, and erect
temporary structures where necessary.
D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the
necessary equipment to the job when it is determined by the City that construction may be
resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the
equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is
moved to another construction project for the City.
15.02 City May Terminate for Cause
A. The occurrence of any one or more of the following events by way of example, but not of
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limitation, may justify termination for cause:
1. Contractor’s persistent failure to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment, failure to adhere to the Project Schedule established under
Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04.
2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor’s repeated disregard of the authority of City; or
4. Contractor’s violation in any substantial way of any provisions of the Contract Documents;
or
5. Contractor’s failure to promptly make good any defect in materials or workmanship, or
defects of any nature, the correction of which has been directed in writing by the City; or
6. Substantial indication that the Contractor has made an unauthorized assignment of the
Contract or any funds due therefrom for the benefit of any creditor or for any other purpose;
or
7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise
financially unable to carry on the Work satisfactorily; or
8. Contractor commences legal action in a court of competent jurisdiction against the City.
B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written
notice to Contractor and Surety to arrange a conference with Contractor and Surety to address
Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after
receipt of notice.
1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to
perform the construction Contract, the City may, to the extent permitted by Laws and
Regulations, declare a Contractor default and formally terminate the Contractor's right to
complete the Contract. Contractor default shall not be declared earlier than 20 days after the
Contractor and Surety have received notice of conference to address Contractor's failure to
perform the Work.
2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the
Work. If Surety does not commence performance thereof within 15 consecutive calendar
days after date of an additional written notice demanding Surety's performance of its
obligations, then City, without process or action at law, may take over any portion of the
Work and complete it as described below.
a. If City completes the Work, City may exclude Contractor and Surety from the site and
take possession of the Work, and all materials and equipment incorporated into the
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Work stored at the Site or for which City has paid Contractor or Surety but which are
stored elsewhere, and finish the Work as City may deem expedient.
3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any
further payment until the Work is finished. If the unpaid balance of the Contract Price
exceeds all claims, costs, losses and damages sustained by City arising out of or resulting
from completing the Work, such excess will be paid to Contractor. If such claims, costs,
losses and damages exceed such unpaid balance, Contractor shall pay the difference to City.
Such claims, costs, losses and damages incurred by City will be incorporated in a Change
Order, provided that when exercising any rights or remedies under this Paragraph, City shall
not be required to obtain the lowest price for the Work performed.
4. Neither City, nor any of its respective consultants, agents, officers,directors or employees
shall be in any way liable or accountable to Contractor or Surety for the method by which the
completion of the said Work, or any portion thereof, may be accomplished or for the price
paid therefor.
5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right
to recover damages from Contractor or Surety for Contractor's failure to timely complete the
entire Contract. Contractor shall not be entitled to any claim on account of the method used
by City in completing the Contract.
6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as
provided for in the bond requirements of the Contract Documents or any special guarantees
provided for under the Contract Documents or any other obligations otherwise prescribed by
law.
C. Notwithstanding Paragraphs 15.02.B, Contractor’s services will not be terminated if Contractor
begins within seven days of receipt of notice of intent to terminate to correct its failure to
perform and proceeds diligently to cure such failure within no more than 30 days of receipt of
said notice.
D. Where Contractor’s services have been so terminated by City, the termination will not affect any
rights or remedies of City against Contractor then existing or which may thereafter accrue. Any
retention or payment of moneys due Contractor by City will not release Contractor from liability.
E. If and to the extent that Contractor has provided a performance bond under the provisions of
Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this
Article.
15.03 City May Terminate For Convenience
A. City may, without cause and without prejudice to any other right or remedy of City, terminate the
Contract. Any termination shall be effected by mailing a notice of the termination to the
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Contractor specifying the extent to which performance of Work under the contract is terminated,
and the date upon which such termination becomes effective. Receipt of the notice shall be
deemed conclusively presumed and established when the letter is placed in the United States
Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and
established that such termination is made with just cause as therein stated; and no proof in any
claim, demand or suit shall be required of the City regarding such discretionary action.
B. After receipt of a notice of termination, and except as otherwise directed by the City, the
Contractor shall:
1. Stop work under the Contract on the date and to the extent specified in the notice of
termination;
2. place no further orders or subcontracts for materials, services or facilities except as may be
necessary for completion of such portion of the Work under the Contract as is not terminated;
3. terminate all orders and subcontracts to the extent that they relate to the performance of the
Work terminated by notice of termination;
4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any,
directed by the City:
a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies
and other material produced as a part of, or acquired in connection with the performance
of, the Work terminated by the notice of the termination; and
b. the completed, or partially completed plans, drawings, information and other property
which, if the Contract had been completed, would have been required to be furnished to
the City.
5. complete performance of such Work as shall not have been terminated by the notice of
termination; and
6. take such action as may be necessary, or as the City may direct, for the protection and
preservation of the property related to its contract which is in the possession of the
Contractor and in which the owner has or may acquire the rest.
C. At a time not later than 30 days after the termination date specified in the notice of termination,
the Contractor may submit to the City a list, certified as to quantity and quality, of any or all
items of termination inventory not previously disposed of, exclusive of items the disposition of
which has been directed or authorized by City.
D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list
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submitted shall be subject to verification by the City upon removal of the items or, if the items
are stored, within 45 days from the date of submission of the list, and any necessary adjustments
to correct the list as submitted, shall be made prior to final settlement.
E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination
claim to the City in the form and with the certification prescribed by the City. Unless an
extension is made in writing within such 60 day period by the Contractor, and granted by the
City, any and all such claims shall be conclusively deemed waived.
F. In such case, Contractor shall be paid for (without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents prior
to the effective date of termination, including fair and reasonable sums for overhead and
profit on such Work;
2. expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials, or equipment as required by the Contract Documents in
connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on
such expenses; and
3. reasonable expenses directly attributable to termination.
G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid
to the Contractor by reason of the termination of the Work, the City shall determine, on the basis
of information available to it, the amount, if any, due to the Contractor by reason of the
termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid
on account of loss of anticipated profits or revenue or other economic loss arising out of or
resulting from such termination.
ARTICLE 16 – DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision
under Paragraph 10.06 before such decision becomes final and binding. The request for
mediation shall be submitted to the other party to the Contract. Timely submission of the request
shall stay the effect of Paragraph 10.06.E.
B. City and Contractor shall participate in the mediation process in good faith. The process shall be
commenced within 60 days of filing of the request.
C. If the Contract Claim is not resolved by mediation, City’s action under Paragraph 10.06.C or a
denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after
termination of the mediation unless, within that time period, City or Contractor:
1. elects in writing to invoke any other dispute resolution process provided for in the
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Supplementary Conditions; or
2. agrees with the other party to submit the Contract Claim to another dispute resolution
process; or
3. gives written notice to the other party of the intent to submit the Contract Claim to a court of
competent jurisdiction.
ARTICLE 17 – MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
1. delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
3. delivered by electronic means to or from the Project Manager.
B. Business address changes must be promptly made in writing to the other party.
C. Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shall be deemed sufficient upon confirmation of receipt by the receiving party.
17.02 Computation of Times
When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last
day of the period.
17.03 Cumulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or all of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
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17.04 Survival of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
17.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
SECTION 00 73 001
SUPPLEMENTARY CONDITIONS2
TO3
GENERAL CONDITIONS4
5
Supplementary Conditions6
7
These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other 8
provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 9
modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 10
of the General Conditions which are not so modified or supplemented remain in full force and effect.11
12
Defined Terms13
14
The terms used in these Supplementary Conditions which are defined in the General Conditions have the 15
meaning assigned to them in the General Conditions, unless specifically noted herein.16
17
Modifications and Supplements18
19
The following are instructions that modify or supplement specific paragraphs in the General Conditions and 20
other Contract Documents.21
22
SC-4.01A23
24
Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 25
Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the 26
Contract Drawings.27
28
SC-4.01A.1., “Availability of Lands”29
30
The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of 31
Sept. 20, 2018:32
33
Outstanding Right-Of-Way, and/or Easements to Be Acquired34
PARCEL
NUMBER
OWNER TARGET DATE
OF POSSESSION
NONE
The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 35
and do not bind the City.36
37
If Contractor considers the final easements provided to differ materially from the representations on the 38
Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, 39
notify City in writing associated with the differing easement line locations.40
41
SC-4.01A.2, “Availability of Lands”42
43
Utilities or obstructions to be removed, adjusted, and/or relocated44
45
The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated46
as of Sept. 20, 2018:47
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1
EXPECTED
OWNER
UTILITY AND LOCATION TARGET DATE OF
ADJUSTMENT
Atmos Gas Gas line (if Alternate Bid selected) TBD
The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 2
and do not bind the City.3
4
SC-4.02A., “Subsurface and Physical Conditions”5
6
The following are reports of explorations and tests of subsurface conditions at the site of the Work:7
8
A Geotechnical Investigation, Report No. D-118-0101, dated Jan. 29, 2018, prepared by GEE Consultants, 9
Inc.,a consultant of the City, providing additional information on subsurface soil conditions.10
11
The following are drawings of physical conditions in or relating to existing surface and subsurface 12
structures (except Underground Facilities) which are at or contiguous to the site of the Work:13
NONE14
15
SC-4.06A., “Hazardous Environmental Conditions at Site”16
17
The following are reports and drawings of existing hazardous environmental conditions known to the City:18
NONE19
20
SC-5.03A., “Certificates of Insurance”21
22
The entities listed below are "additional insureds as their interest may appear" including their respective 23
officers, directors, agents and employees.24
25
(1) City26
(2) Consultant: Teague Nall and Perkins, Inc.27
(3) Other: NONE28
29
SC-5.04A., “Contractor’s Insurance”30
31
The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 32
coverages for not less than the following amounts or greater where required by laws and regulations:33
34
5.04A.Workers' Compensation, under Paragraph GC-5.04A.35
36
Statutory limits37
Employer's liability38
$100,000 each accident/occurrence39
$100,000 Disease - each employee40
$500,000 Disease - policy limit41
42
SC-5.04B., “Contractor’s Insurance”43
44
5.04B.Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance 45
under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with 46
minimum limits of:47
48
$1,000,000 each occurrence49
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$2,000,000 aggregate limit1
2
The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the 3
General Aggregate Limits apply separately to each job site.4
5
The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. 6
Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance.7
8
SC 5.04C., “Contractor’s Insurance”9
5.04C.Automobile Liability, under Paragraph GC-5.04C. Contractor’s Liability Insurance under 10
Paragraph GC-5.04C., which shall be in an amount not less than the following amounts:11
12
(1)Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", 13
defined as autos owned, hired and non-owned.14
15
$1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 16
least:17
18
$250,000 Bodily Injury per person /19
$500,000 Bodily Injury per accident / 20
$100,000 Property Damage21
22
SC-5.04D., “Contractor’s Insurance”23
24
The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and 25
material deliveries to cross railroad properties and tracks, or perform work within 25 feet of the center line 26
of tracks: NONE.27
28
The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, 29
hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains 30
or other property. Such operations on railroad properties may require that Contractor to execute a “Right of 31
Entry Agreement” with the particular railroad company or companies involved, and to this end the 32
Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute 33
the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate 34
to the Contractor’s use of private and/or construction access roads crossing said railroad company’s 35
properties.36
37
The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide 38
coverage for not less than the following amounts, issued by companies satisfactory to the City and to the 39
Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, 40
occupy, or touch railroad property:41
42
(1) General Aggregate:43
44
(2) Each Occurrence:45
46
Required for this Contract X Not required for this Contract47
48
49
With respect to the above outlined insurance requirements, the following shall govern:50
51
1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in 52
the name of the railroad company. However, if more than one grade separation or at-grade 53
crossing is affected by the Project at entirely separate locations on the line or lines of the same 54
railroad company, separate coverage may be required, each in the amount stated above.55
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
00 73 00 - 4
SUPPLEMENTARY CONDITIONS
Page 4 of 5
CITY OF DENTON IFB #6902
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
1
2. Where more than one railroad company is operating on the same right-of-way or where several 2
railroad companies are involved and operated on their own separate rights-of-way, the Contractor 3
may be required to provide separate insurance policies in the name of each railroad company.4
5
3. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a 6
railroad company’s right-of-way at a location entirely separate from the grade separation or at-7
grade crossing, insurance coverage for this work must be included in the policy covering the grade 8
separation. 9
10
4. If no grade separation is involved but other work is proposed on a railroad company’s right-of-11
way, all such other work may be covered in a single policy for that railroad, even though the work 12
may be at two or more separate locations. 13
14
No work or activities on a railroad company’s property to be performed by the Contractor shall be 15
commenced until the Contractor has furnished the City with an original policy or policies of the insurance 16
for each railroad company named, as required above. All such insurance must be approved by the City and 17
each affected Railroad Company prior to the Contractor’s beginning work.18
19
The insurance specified above must be carried until all Work to be performed on the railroad right-of-way 20
has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, 21
insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. 22
Such insurance must name the railroad company as the insured, together with any tenant or lessee of the 23
railroad company operating over tracks involved in the Project. 24
25
SC-6.09., “Permits and Utilities”26
27
SC-6.09A., “Contractor obtained permits and licenses”28
The following are known permits and/or licenses required by the Contract to be acquired by the Contractor:29
NONE30
31
SC-6.09B. “City obtained permits and licenses”32
The following are known permits and/or licenses required by the Contract to be acquired by the City:33
NONE34
35
SC-6.09C. “Outstanding permits and licenses”36
37
The following is a list of known outstanding permits and/or licenses to be acquired, if any as of Sept. 2018:38
39
Outstanding Permits and/or Licenses to Be Acquired40
OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE
OF POSSESSION
NONE
41
SC-7.02., “Coordination”42
43
The individuals or entities listed below have contracts with the City for the performance of other work at44
the Site: 45
46
Vendor Scope of Work Coordination Authority
Fireside Development Residential development adjacent
to Hinkle Drive may be in
progress during this project
City of Denton
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
00 73 00 - 5
SUPPLEMENTARY CONDITIONS
Page 5 of 5
CITY OF DENTON IFB #6902
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
1
2
SC-9.01., “City’s Project Manager”3
4
The City’s Project Manager for this Contract is Michael D. Smith, P.E., or his/her successor pursuant to 5
written notification from the City Engineer.6
7
8
9
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
DocuSign Envelope ID: C6607336-44D0-4527-8E6E-048F4F11EEAB
Certificate Of Completion
Envelope Id: C660733644D045278E6E048F4F11EEAB Status: Completed
Subject: Please DocuSign: City Council Contract 6902 Hinkle and Windsor Paving and Drainage
Source Envelope:
Document Pages: 121 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 0 Jamie Cogdell
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
Jamie.Cogdell@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
1/3/2019 11:44:13 AM
Holder: Jamie Cogdell
Jamie.Cogdell@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Jamie Cogdell
jamie.cogdell@cityofdenton.com
Senior Buyer
City Of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 129.120.6.150
Sent: 1/3/2019 11:52:45 AM
Viewed: 1/3/2019 11:52:55 AM
Signed: 1/3/2019 11:53:42 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
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(None)Signature Adoption: Pre-selected Style
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Sent: 1/3/2019 11:53:47 AM
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Signed: 1/3/2019 11:55:41 AM
Electronic Record and Signature Disclosure:
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Garland Wilson
garland@qualityexcavationltd.com
Director
Quality Excavation, Ltd.
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Accepted: 10/6/2017 11:03:26 AM
ID: 686fb2c9-818b-4c5d-90e2-8c7008b347bf
Todd Estes
todd.estes@cityofdenton.com
Director/City Engineer
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Signed using mobile
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ID: 24acd5cc-bbca-4c92-98a4-547120495e47
Signer Events Signature Timestamp
Tabitha Millsop
tabitha.millsop@cityofdenton.com
City of Denton
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Completed
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Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Hileman
Todd.Hileman@cityofdenton.com
City Manager
City of Denton
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Signature Adoption: Pre-selected Style
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Signed using mobile
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Electronic Record and Signature Disclosure:
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ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
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Using IP Address: 129.120.6.150
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In Ierson Signer Events Signature Timestamp
Editor DeliverI Events Status Timestamp
Igent DeliverI Events Status Timestamp
IntermediarI DeliverI Events Status Timestamp
Certified DeliverI Events Status Timestamp
CarIon CopI Events Status Timestamp
Sherri Thurman
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City of Denton
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Sent: 1/3/2019 11:53:45 AM
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Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
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CarIon CopI Events Status Timestamp
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jennifer.bridges@cityofdenton.com
Procurement Assistant
City of Denton
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Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
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(None)
Sent: 2/7/2019 2:45:32 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Michael Smith
michael.smith@cityofdenton.com
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Sent: 2/7/2019 2:45:33 PM
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Annie Bunger
annie.bunger@cityofdenton.com
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Signing Complete Security Checked 2/7/2019 2:45:35 PM
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IaIment Events Status Timestamps
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ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF CHANGE ORDER NO. 1 TO THE
CONTRACT BETWEEN THE CITY OF DENTON AND QUALITY EXCAVATION, LLC, FOR
THE HINKLE AND WINDSOR PAVING AND DRAINAGE PROJECT (MAGNOLIA PH II);
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (IFB 6902 – CHANGE ORDER NO. 1 IN THE NOT-TO-EXCEED
AMOUNT OF $518,774.21 FOR A TOTAL CONTRACT AWARD AGGREGATED TO
$6,746,003.21).
WHEREAS, on February 5, 2019, by Ordinance No. 19-165, the Council awarded a contract
to Quality Excavation, LLC, in the amount of $6,227,259 for the Hinkle and Windsor Paving and
Drainage Project (Magnolia PH II); and
WHEREAS, the Staff having recommended, and the City Manager having recommended to
the Council that a change order be authorized to amend such contract agreement with respect to the
scope of work and a decrease in the payment amount; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Change Order No. 1, increasing the amount of the contract between the City
and Quality Excavation LLC, which is on file in the office of the Purchasing Agent, in the amount of
Five Hundred Eighteen Thousand Seven Hundred Forty-Four and 21/100 dollars ($518,744.21), is
hereby approved and the expenditure of funds therefore is hereby authorized in accordance with said
change order. The total purchase order amount increases to $6,746,003.21.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by __________________________ and seconded
by _________________________________, the ordinance was passed and approved by the following
vote [___ - ___]:
Aye Nay Abstain Absent
Mayor Chris Watts: ______ ______ ______ ______
Gerard Hudspeth, District 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: ______ ______ ______ ______
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: D81B8547-BB2B-4BEE-A41C-9A4710F6C333
Laura Hermosillo
Not Applicable
Hinkle and Windsor Paving and Drainage
FILE 6902
10. Contract
Changes
Contract Unit
Price
Revised Estimated
Cost
Remove
Concrete Curb
and Gutter
LF $7.00 $76,433.00
Remove
Concrete
Sidewalks and
Ramps
SF $1.10 $11,812.90
Remove
Concrete Drive
Approach
SF $1.60 $10,104.00
Remove
Concrete Valley
Gutter and Apron
SF $1.35 $8,486.10
Remove Asphalt
Pavement SY $3.95 $131,452.05
12" Lime
Subgrade
Treatment
SY $6.90 $216,832.50
Lime at 7% (70
lbs/SY)TN $189.25 $208,175.00
3" Type C
Surface Course
(PG 64-22)
SY $13.40 $429,349.40
6" Type B Base
Course (PG 64-
22)
EA $25.50 $555,390.00
6" Curb and 18"
Gutter LF $28.45 $344,387.25
4" Concrete
Sidewalk 20 LF $5.40 $57,990.60
5' Wide Type 1
Ramp (6' Long)23 2 EA $1,875.00 $11,250.00
Remove Existing
Sanitary Sewer
Manholes
EA $500.00 $4,500.00
17 31707 32041 $13.40 $424,873.80
15 31263 31425 $6.90 $215,714.70
16 1094 1100 $189.25 $207,039.50
10 4812 6315 $1.60 $7,699.20
14 31707 33279 $3.95 $125,242.65
7 5756 10919 $7.00 $40,292.00
8 5211 10739 $1.10 $5,732.10
Hinkle and Windsor Paving and
Drainage Improvements
CITY OF DENTON CHANGE ORDER
1. Division (Department)
Capital Projects
2. Purchase Order No.
188796
Original Estimated
Cost
6. Date Prepared
Wednesday, October 9, 2019
7. Name and Address of Contractor
Quality Excavation
5580 US Hwy 377 Aubrey, TX 76227
4. Name of Project
3. Change Order No.
1
5. Project Acct No.
350425469.40000
350425467.40000
8. Description of Work Included in Contract
Drainage and sewer improvements and paving reconstruction for Windsor Drive and Hinkle Drive
This change order is to extend the proposed sewer replacements in Hinkle Drive in order to remove some manholes from within the
Hinkle pavement. It also includes additonal quantities for the roundabout and the additional drainage needs.
12 5992 6286 $1.35 $8,089.20
9. Changes ordered and reason ordered
Bid Item No Original Estimated
Quantity
Revised
Estimate
Quantity
Negotiated
C.O. Unit Price
78 6
18 20208 21780 $25.50 $515,304.00
19 6156 12105 $28.45 $175,138.20
5911 10739 $5.40 $31,919.40
6 $1,875.00 $3,750.00
9 $500.00 $3,000.00
Page 1 of 3
DocuSign Envelope ID: D81B8547-BB2B-4BEE-A41C-9A4710F6C333
Remove Existing
Sanitary Sewer
Pipes
LF $5.50 $6,864.00
8" SDR-35 PVC
Sewer LF $69.00 $67,620.00
10" SDR-26 PVC
Sewer LF $155.00 $11,625.00
4' Dia Standard
SS Manhole EA $5,700.00 $45,600.00
Sanitary Sewer
Services EA $1,500.00 $19,500.00
Manhole Drop
Connection EA $0.00 $3,400.00
30" Class III RCP LF $0.00 $8,264.96
4'x4' Junction Box EA $0.00 $18,500.00
5 Sack Concrete CY $0.00 750 $86,250.00
6" Thick Colored-
Stamped
Concrete incl.
Flowable Fill
Base
SY $0.00 $62,391.20
$2,396,177.96
$518,744.21
New contract time:417 days12. Contract time increased/decreased by:17 day(s)
79 1188 1248 $5.50 $6,534.00
81 940 980 $69.00 $64,860.00
-0 2 $1,700.00 $0.00
-0 16 $516.56 $0.00
$186.80 $0.00
-0 1 $18,500.00 $0.00
-0 334
$115.00 $0.00
TOTAL $1,877,433.75
11. Current Contract Price
$6,746,003.21 Decrease in contract price
THE AFOREMENTIONED CHANGE, AND WORK AFFECTED THEREBY, IS SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS.
14. ACCEPTED BY CITY ENGINEER/DIRECTOR OF CAPITAL
PROJECTS:
________________________
Signature
_________
Date
13. SUBMITTED BY:_______________________
Project Manager
_________
Date
15. ACCEPTED BY CONTRACTOR: ________________
Title
________________________
Signature
_________
Date
16. CITY MANAGER:________________________
Signature
_________
Date
ATTEST: CITY SECRETARY ________________________
Signature
_________
Date
$6,227,259.00 Increase in contract price
New Contract Price
83 19 75 $155.00 $2,945.00
87 11 13 $1,500.00 $16,500.00
86 4 8 $5,700.00 $22,800.00
Page 2 of 3
DocuSign Envelope ID: D81B8547-BB2B-4BEE-A41C-9A4710F6C333
Vice President 1/10/2020
1/10/2020
1/10/2020
18. APPROVED AS TO LEGAL FORM:________________________
Signature
_________
Date
17. PURCHASING/FINANCE:________________________
Signature
_________
Date
Page 3 of 3
DocuSign Envelope ID: D81B8547-BB2B-4BEE-A41C-9A4710F6C333
1/8/2020
1/10/2020
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 relat ionship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Sec tion 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 s ection is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business
day after the date on which you became aware that the 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 gov ernment 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
DocuSign Envelope ID: D81B8547-BB2B-4BEE-A41C-9A4710F6C333
Quality Excavation, LLC
A
X
X
N/A
X
Garland Wilson
X
1/10/2020
Certificate Of Completion
Envelope Id: D81B8547BB2B4BEEA41C9A4710F6C333 Status: Sent
Subject: Please DocuSign: City Council Contract 6902 Change Order #1 - Hinkle and Windsor Construction
Source Envelope:
Document Pages: 5 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 1 Laura Hermosillo
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
laura.hermosillo@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
1/7/2020 6:03:20 PM
Holder: Laura Hermosillo
laura.hermosillo@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Laura Hermosillo
laura.hermosillo@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 129.120.6.150
Sent: 1/7/2020 6:22:40 PM
Viewed: 1/7/2020 6:22:50 PM
Signed: 1/7/2020 6:23:35 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 1/7/2020 6:23:39 PM
Viewed: 1/8/2020 1:46:46 PM
Signed: 1/8/2020 2:08:02 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 1/8/2020 2:08:06 PM
Viewed: 1/10/2020 11:36:44 AM
Signed: 1/10/2020 11:40:10 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Garland Wilson
garland@qualityexcavationltd.com
Vice President
Quality Excavation, Ltd.
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 173.219.29.103
Sent: 1/10/2020 11:40:13 AM
Viewed: 1/10/2020 2:03:30 PM
Signed: 1/10/2020 2:09:25 PM
Electronic Record and Signature Disclosure:
Accepted: 10/6/2017 11:03:26 AM
ID: 686fb2c9-818b-4c5d-90e2-8c7008b347bf
Signer Events Signature Timestamp
Todd Estes
Todd.Estes@cityofdenton.com
City Engineer
Capital Projects
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 174.246.97.70
Signed using mobile
Sent: 1/10/2020 2:09:29 PM
Viewed: 1/10/2020 4:36:24 PM
Signed: 1/10/2020 4:36:40 PM
Electronic Record and Signature Disclosure:
Accepted: 1/10/2020 4:36:08 PM
ID: 2ef85e67-b3dc-410b-a928-fc69d96372b8
Kyle Pedigo
kyle.pedigo@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 1/10/2020 2:09:29 PM
Viewed: 1/10/2020 2:10:50 PM
Signed: 1/10/2020 2:11:53 PM
Electronic Record and Signature Disclosure:
Accepted: 1/10/2020 2:10:50 PM
ID: 93e68ac8-d94a-4434-a14b-259e14c07f73
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 1/10/2020 4:36:44 PM
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 Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 1/7/2020 6:23:39 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 1/10/2020 4:36:44 PM
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
Zolina Parker
zolina.parker@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
Zolaina Parker
Zolaina.Parker@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 Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/10/2020 4:36:44 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Garland Wilson, Todd Estes, Kyle Pedigo, Todd Hileman
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Magnolia PH II Drainage –COR#1
1
Magnolia PH II Drainage –
COR #1
Original Project Scope: Construct drainage
and roadway improvements on Hinkle
between University and Windsor and Windsor
between Hinkle and Elm.
COR #1 BREAKDOWN
Replace Curb &
Gutter
$ 335 K
Roundabout $ 115 K
Utility Connections $ 69 K
Total $ 519 K
Magnolia PH II Drainage –
COR # 2 (Upcoming)
3
The change order number 2 will consist of the final
additional cost related to the roundabout, changes to
the water main that have to be made to
accommodate unforeseen complications, subgrade
concerns due to the abnormal rainfall events, and
additional rock excavation.
•Rock Excavation
•Additional Signs and Markings
•Subgrade
•Water Main
Recommendation
•Recommend adoption of an ordinance by the City to execute
Change Order No. 1 between the City and Quality Excavation, in
the amount of $518,744.21 for the Magnolia PH II Drainage
Project
4
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-256,Version:1
AGENDA CAPTION
Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Library Board.
City of Denton Printed on 2/7/2020Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
ACM: Sara Hensley
DATE: February 11, 2020
SUBJECT
Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Library Board.
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-noted Boards, Commissions, and Committees for 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 received to date as the vetting is still in progress for some or
(re)nominations have not been received.
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Nominations Sheet
Respectfully submitted:
Rosa Rios
City Secretary
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
BOARD/COMMITTEE/COMMISSION COUNCIL
PLACE
NOMINATING
CCM
MEMBER
FIRST NAME
MEMBER
LAST NAME PRESENT TERM NEW TERM
STATUS &
QUALIFICATION OR
PREFERENCE, IF ANY
Library Board 4 Ryan Jim Owen N/A
UNEXPIRED
September 1, 2018
through
August 31, 2020
New
BOARDS & COMMISSIONS - NOMINATIONS LIST
FEBRUARY 11, 2020