HomeMy WebLinkAbout2021-02-02Agenda and BackupCity Council
City of Denton
Meeting Agenda
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Council Work Session Room2:00 PMTuesday, February 2, 2021
WORK SESSION BEGINS AT 2:00 P.M. IN THE COUNCIL WORK SESSION ROOM
REGULAR MEETING BEGINS AT 6:30 P.M. IN THE COUNCIL WORK SESSION ROOM
Note: Mayor Gerard Hudspeth, Mayor Pro Tem Davis and Council Members Birdia Johnson, Connie Baker,
John Ryan, Deb Armintor and Paul Meltzer will be participating in the work session, closed meeting and
regular meeting via video/teleconference.
REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL
Due to COVID-19 precautions, members of the public will not be able to attend the February 2, 2021
meeting, City Council meeting in-person. To accommodate and receive input on agenda items, citizens will
be able to participate in one of the following ways (NOTE: Other than public hearings, citizens are only
able to comment one time per agenda item; citizens cannot use both methods to comment on a single
agenda item. Public comments are not held for work session reports.):
• Virtual White Card – On January 29, the agenda was posted online at
www.cityofdenton.com/publicmeetings. Once the agenda is posted, a link to the Virtual White Card, an
online form, will be made available under the main heading on the webpage. Within this form, citizens may
indicate support or opposition and submit a brief comment about a specific agenda item. Comments may
be submitted up until the start of the meeting, at which time, the Virtual White Card form will be closed.
Similar to when a citizen submits a white card to indicate their position on the item, these comment forms
will be sent directly to City Council members and recorded by the City Secretary.
City Council Members review comments received in advance of the meeting and take that public input into
consideration prior to voting on an agenda item. The Mayor will announce the number of Comment Cards
submitted in support or opposition to an item during the public comment period. Comments will not be
read during the meeting. The City Secretary will reflect the number of comments submitted in
favor/opposition to an item, the registrant’s name, address, and (summary of) comments within the Minutes
of the Meeting, as applicable.
OR
• By phone – Citizens wishing to speak over the phone during this Council meeting, may call (940)
349-7800 beginning 30 minutes prior to the meeting start time. Comments by phone will be accepted until
the item is opened for discussion by the Council. When the call is initially received, a staff member will
receive the caller’s information and either: 1) offer to call the citizen back when it is time for them to speak,
or 2) record the caller’s information, support or opposition, and comment. If the caller chooses to record
their support or opposition, rather than speaking during the meeting, the Mayor will announce the number
of comments submitted in support or opposition to the item. If the caller wishes to receive a call back, the
voice of each caller will be broadcast into the meeting during the public commenting time of their desired
agenda item. Individuals will be able to comment once per agenda item, no matter the method.
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February 2, 2021City Council Meeting Agenda
• At regular meetings only, citizens can speak on any topic that is not on the agenda (Open Microphone).
Alert the call taker if you wish to speak under the Open Microphone category. If you would like to give a
public report, see the information below.
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 2, 2021, at 2:00 p.m. in the Council Work Session Room at City Hall,
215 E. McKinney Street, Denton, Texas at which the following items will be considered:
WORK SESSION
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on any item listed on the Consent Agenda prior to its
consideration. Each speaker will be given a total of three (3) minutes to address any item(s). Any person
who wishes to address the City Council regarding these items may do so by utilizing the "By Phone"
registration process as referenced under the REGISTRATION GUIDELINES FOR ADDRESSING THE
CITY COUNCIL detailed at the beginning of this agenda. Registration is required prior to the time the City
Council considers this item. Registrants may call in and remain on hold or receive a call back at the time the
Work Session is called to Order and are encouraged to ensure they remain accessible to accept the call.
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 affordable
housing assessment report for the City of Denton provided by Reinvestment Fund, Inc.
ID 20-1844A.
Receive a report, hold a discussion, and give staff direction regarding a request for a
resolution of support from a developer applying for 9% housing tax credit with the Texas
Department of Housing and Community Affairs.
ID 21-093B.
Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider
specific item(s) when these items are listed below under the Closed Meeting section of this agenda. The City
Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent
with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law.
1. Closed Meeting:
Deliberations regarding Real Property Under Texas Government Code Section 551.072.
Receive information from staff, discuss, deliberate, and provide staff with direction
pertaining to the potential acquisition of certain real property interests located in the B.B.B
& C.R.R. Co. Survey, Abstract 196, the W. Roark Survey, Abstract 1087, the J. Severe
Survey, Abstract 1164 and the J. Withers Survey, Abstract 1343, all in Denton County,
Texas, for utility infrastructure and parks-related use and associated infrastructure.
ID 21-121A.
Deliberations regarding Real Property Under Texas Government Code Section 551.072;
Consultation with Attorneys Under Texas Government Code Section 551.071.
Receive information from staff, discuss, deliberate, and provide staff with direction
pertaining to the potential acquisition of certain real property interests located on Hickory
ID 21-027B.
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February 2, 2021City Council Meeting Agenda
Creek Road, in and around the J. Rogers Survey, Abstract Number 1084; the J. Withers
Survey, Abstract Number 1343; the M. Rogers Survey, Abstract Number 1080; and the
N. Britton Survey, Abstract Number 051, all in Denton County, Texas where a public
deliberation of such potential acquisitions would have a detrimental effect on the City’s
position in negotiations with third persons. Consultation with the City's attorneys
regarding legal issues associated with the potential acquisition involving the real property
described above where a public discussion of these legal matters would conflict with the
duty of the City's attorneys to the City of Denton and the Denton City Council under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would
jeopardize the City’s legal position in any negotiation, potential administrative proceeding,
or potential litigation.
Consultation with Attorneys - Under Texas Government Code Section 551.071
Consultation with the City’s attorneys regarding legal issues including, but not limited to,
allegations of Fair Housing Act, Fair Housing Amendments Act, and Americans with
Disabilities Act violations, and related statutory and common law claims and potential
resolution thereof, where a public discussion of these legal matters would conflict with the
duty of the City’s attorneys to the City of Denton and the Denton City Council under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would
jeopardize the City’s legal position in any administrative proceeding or potential litigation.
ID 21-155C.
Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open
Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final
decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the
Texas Government Code (the ‘Public Power Exception’). The City Council reserves the right to adjourn into a
Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq.
(The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of
the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings
Act, including, without limitation Sections 551.071-551.086 of the Texas Open Meetings Act.
NOTE: Any item for which a formal action at the Regular 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.
_________________________________________________________________________________
REGULAR MEETING OF THE CITY OF DENTON CITY COUNCIL AT 6:30 P.M. IN THE
COUNCIL WORK SESSION ROOM AT CITY HALL, 215 E. MCKINNEY STREET, DENTON,
TEXAS AT WHICH THE FOLLOWING ITEMS WILL BE CONSIDERED:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
“Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
2. PRESENTATION FROM MEMBERS OF THE PUBLIC
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February 2, 2021City Council Meeting Agenda
A. Review of procedures for addressing the City Council.
B. Reports from members of the public shall be received through the following two (2) methods. A total
of up to seven (7) speakers are permitted to provide public comment and may include any combination of
prior registration and open microphone speakers.
1) Pre-registration. This section of the agenda permits any person who has registered in advance to
make a citizen report regarding a public business item he or she wishes to be considered by the City
Council. Each speaker is allowed a maximum of four (4) minutes to present their report. At the conclusion
of each report, the City Council may pose questions to the speaker or may engage in discussion. If the
City Council believes that a speaker's report requires a more detailed review, the City Council will give the
City Manager or City Staff direction to place the item on a future work session or regular meeting agenda
and advise staff as to the background materials to be desired at such meeting.
Ashley Chapman regarding a Non-Annexation agreement and City of Denton
permitting process.
ID 21-134A.
2) Open Microphone. This section of the agenda permits any person who has not registered in
advance for a citizen report to make comments about public business items not listed on the agenda. Such
person(s) shall have registered using the “Virtual White Card” or “By Phone” process outlined by the City
on its website or meeting notice.
During open microphone reports under this section of the agenda, the Council may listen to citizens speak.
However, because notice of the subject of the open microphone report has not been provided to the public
in advance, the Texas Open Meetings Act limits any deliberation or decision by the Council to: a proposal
to place the item on a future agenda; a statement of factual information; or a recitation of existing policy.
Council Members may not ask the open microphone speakers questions or discuss the items presented
during open microphone reports.
NOTE: If audio/visual aids during presentations to Council are needed, they must be submitted to the City
Secretary 24 hours prior to the meeting.
3. 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 approval of a Resolution of the City Council of the City of Denton appointing an
Interim City Manager; setting forth the terms of the appointment; setting forth the Interim
City Manager’s salary; and providing an effective date.
ID 21-200A.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule corporation,
providing for and authorizing the expenditure of funds by the City Manager and the
Purchasing Agent for the purchase of EMS Professional Liability insurance coverage for
ID 21-095B.
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February 2, 2021City Council Meeting Agenda
the City of Denton, through the City’s sole broker of record, Lockton Companies, LLC;
and providing an effective date (File 7622 - awarded to Admiral Insurance Company for
a three (3) year not-to-exceed amount of $72,926.43).
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager, or his designee, to execute a contract with
Vermeer Equipment of Texas, LLC dba Vermeer Texas-Louisiana, Inc., through the Buy
Board Cooperative Purchasing Network Contract # 597-19, for the purchase of two (2)
Vac Tron Model LP873STD trailer-mounted hydro-excavators for the Water
Distribution and Electric Operations Departments; providing for the expenditure of funds
therefor; and providing an effective date (File 7609 - awarded to Vermeer Equipment of
Texas, LLC dba Vermeer Texas-Louisiana, Inc., in the not-to-exceed amount of
$177,800.00).
ID 21-113C.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, rejecting any and all competitive bids under IFB 7549 for Lab Supplies for
the Water Production Department and Municipal Lab; and providing an effective date
(IFB 7549).
ID 21-115D.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, approving proposals from A2ZGC Inc. dba A-Star General Contracting
Co., and authorizing the expenditure of funds for the reconstruction of a residential
property located at 1802 Westwood Drive, under the City of Denton Home
Improvement Program; providing for the expenditure of funds therefor; and providing an
effective date (RFP 7565 -A2ZGC Inc. dba A-Star General Contracting Co., in the
not-to-exceed amount of $176,000.00).
ID 21-117E.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager, or his designee, to execute a contract with
Industrial Power, LLC dba Industrial Power Truck and Equipment, through The Interlocal
Purchasing System (TIPS) Contract # 200405 for First Responder emergency vehicle
body repair services for the Fire Department; providing for the expenditure of funds
therefor; and providing an effective date (File 7607 - awarded to Industrial Power, LLC
dba Industrial Power Truck and Equipment, in the three (3) year not-to-exceed amount of
$180,000.00).
ID 21-118F.
Consider adoption of an ordinance of the City of Denton, a Texas Home-Rule Municipal
Corporation, renaming Highland Park Road to Parvin Street, between its intersections
with Bonnie Brae Street to the future extension of Parvin Street; providing for severability
and an effective date.
ID 21-071G.
4. ITEMS FOR INDIVIDUAL CONSIDERATION
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager, or his designee, to execute a contract with
Reliable Paving, Inc., for the construction of the Denton Street Rehabilitation Project for
the City of Denton; providing for the expenditure of funds therefor; and providing an
effective date (IFB 7495 - awarded to Reliable Paving, Inc., in the not-to-exceed amount
ID 21-090A.
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February 2, 2021City Council Meeting Agenda
of $10,933,808.55).
Consider nominations/appointments to the City’s Boards, Commissions, and Committees:
Airport Advisory Board, Community Development Advisory Committee, Parks,
Recreation & Beautification Board, and Public Art Committee.
ID 21-177B.
5. PUBLIC HEARINGS
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas
regarding a rezoning from Residential 4 (R4) District to Planned Development (PD)
District on an approximately 8.23-acre property generally located on the west side of
Duncan Street and the east side of Hill Street, approximately 240 feet north of Smith
Street, in the City of Denton, Denton County, Texas; adopting an amendment to the
City’s official zoning map; providing for a penalty in the maximum amount of $2,000.00
for violations thereof; providing a severability clause and an effective date. The Planning
and Zoning Commission voted [7-0] to approve the request. (PD20-0008a, Habitat for
Humanity, Hayley Zagurski).
PD20-0008aA.
6. 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 29th day of January, 2021 at 3:15 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 ACCOMMODATION, 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.
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 20-1844,Version:1
Receive a report, hold a discussion, and give staff direction regarding an affordable housing assessment report
for the City of Denton provided by Reinvestment Fund, Inc.
City of Denton Printed on 1/29/2021Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Community Services
CM/ DCM/ ACM: Sara Hensley, Deputy City Manager
DATE: February 2, 2021
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding an affordable housing assessment report for the City of Denton provided by the Reinvestment Fund, Inc.
BACKGROUND
In the City of Denton’s Consolidated Plan for Housing and Community Development, Denton Plan 2030,
and Annual Strategic Plan, the City has 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, its partners, and other community organizations continue to seek tools and strategies to
support affordable housing in Denton, 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 policy making, 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 February 11, 2020, City Council approved a contract with
Reinvestment Fund, Inc., for an affordable housing assessment for the City of Denton (RFP 7155 – awarded
to Reinvestment Fund, Inc., in the not-to-exceed amount of $99,959).
The Reinvestment Fund is a national mission-driven financial institution using capital, analytics, and
expertise to build strong, healthy, and more equitable communities. RF’s Policy Solutions Teams uses data
and analytics to support strategic public investment and effective public policy across the country. The
Reinvestment Fund Partnered with Atria Planning LLC. Atria is a woman-owned business with offices in
Philadelphia and San Diego. Atria approaches work with a mind towards data-driven solutions that are
financially realistic.
The City, Reinvestment Fund, Inc. and Atria Planning kicked off the project on February 27, 2020 initiating
data gathering. By April, the project began meeting with an advisory group comprised of City Staff,
Nonprofits, Nonprofit Housing Developers and Stakeholders such as Local Elected Officials, other
Nonprofit Housing Program Providers, University Student Housing, Realtors, Private Developers, Banking,
and community coalitions. With limitations on travel and group gatherings, these groups were convened
virtually in webinars, focus group meetings, and other project tools to gather feedback and validate results.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
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While the goal was to complete the assessment in 180 days concluding around August 2020, the global
COVID pandemic shifted priorities and required alternative strategies to complete the assessment resulting
in a longer completion timeline.
DISCUSSION
Representatives from The Reinvestment Fund and Atria Planning will provide an overview of the
Affordable Housing Needs & Market Value Analysis. The report is attached as Exhibit 2.
The presentation (Exhibit 3) will address:
Project Overview
Key Findings
Affordable Housing Needs
Market Value Analysis
Looking Forward: Affordable Housing Tools
The first part of the study – the City of Denton’s housing needs and challenges – examines the housing
challenges current residents experience based on their income and household demographics. Like the City’s
Consolidated Plan for Housing and Community Development, this includes affordability issues (where
households pay more than 30% of their income on housing and are considered “cost burdened”),
maintenance issues, and overcrowding. However, the report also examines housing needs for the current
workforce, comparing local wages with available housing stock and prices for rental units and
homeownership. Finally, the report includes a summary of housing needs for the city’s most vulnerable
residents, including older adults with mobility challenges, persons with disabilities, and households at risk
of homelessness. This section concludes with an estimate of housing demand based on anticipated
population changes over the next ten years, categorized by tenure (rent vs. own), income, and number of
bedrooms.
The methodology for the study includes qualitative and quantitative analysis. Quantitative analysis uses
data from public and private sources, notably the U.S. Census American Community Survey, the U.S.
Census Longitudinal Employer Household Dynamics, HUD datasets, and ESRI’s Business Analyst. The
qualitative data used for the study includes other published plans and reports and stakeholder interviews
with housing advocates and city representatives. The reports used as reference include Denton Plan 2030;
consumer preference surveys and other national reports published by the Urban Land Institute and National
Association of Home Builders; and market research from Zillow Inc.
The Market Value Analysis (MVA) is an objective tool built on local administrative data (e.g., new
construction permits, foreclosure auction listings) to help stakeholders understand their real estate markets.
The MVA identifies where different types of investment or intervention strategies will be most effective.
For any geographic area, there is a unique spectrum of markets ranging from the strongest (high sale prices,
few code violations, etc.) to the most distressed (low sale prices, lots of code violations), with a range of
market types in between (see Figure 1). The MVA creates a set of categories that describes the different
residential real estate submarkets (also known as a typology). This MVA also serves as a framework for
evaluating other important housing market and demographic characteristics such as housing age, cost
burden, household poverty, and race/ethnicity.
To perform the MVA, Reinvestment Fund collected and analyzed data indicators that reflect Value and
Investment (sale prices, building permits), Distress and Vacancy (foreclosure, code violations), and general
Housing Characteristics (tenure, land use). We use a technique called a cluster analysis to assign every
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census block group to statistically distinct market categories. Denton staff assisted with ground validation
of data and the resulting model. Stakeholder meetings helped to confirm that the analysis accurately
captured conditions and market differences across the city.
City staff will conclude the presentation with a discussion on next steps and options. Based on this report
and assessment, there are a few options/next steps that could be taken with Council direction including
incremental next steps and the option for continue with a Phase 3 to develop a comprehensive strategy &
toolbox.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Affordable Housing Needs & Market Value Analysis Report
Exhibit 3: Presentation
Respectfully submitted:
Dani Shaw
Community Services Manager
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AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSISCITY OF DENTON, TEXASATRIAPLANNINGJANUARY, 202111
CONSULTING TEAMWe would like to thank the following community leaders, housing professionals, nonprofit, business, university, and other major stakeholders from Denton who participated in this project. ACKNOWLEDGMENTSReinvestment Fund1700 Market Street, 19th floorPhiladelphia, PA 19103TEL 215.574.5800 FAX 215.574.5900https://www.reinvestment.com/Denton City Council (2020):Mayor Chris WattsGerard Hudspeth, District 1Keely Briggs, District 2Jesse Davis, District 3John Ryan, District 4Deb Armintor, At Large Place 5Paul Meltzer, At Large Place 6City of DentonStuart Birdseye, City of DentonCourtney Cross, City of DentonDani Shaw, City of DentonErica Sullivan, City of DentonJulie Wyatt, City of DentonDaniel Armitage, University of North TexasLora Atkinson, Habitat for HumanityCourtney Banatoski, Cumberland Megan Bradshaw, RealtorJill Eckardt, Texas Woman’s UniversitySheryl English, Denton Housing AuthorityDoni Green, NT Area on AgencyPam Gutierrez, Denton County MHMRGary Henderson, United WayLee Ann Hubanks, Fair Oaks Senior HousingTony Johnson‐Simpson, DC Friends of the FamilyJean Latsha, PedcorChris Martin, Denton Veterans CoalitionMarty Mascari, NT Aging and DisabilitySherri McDade, Denton Housing AuthorityJacon Moses, Denton Affordable HousingJim Strange, Tremont ConstructionJack Trager, LegacyTerry Widmer, DC Homelessness Leadership TeamRyan Zent, Michaels CorporationJulia Zwahr, Denton ISDCONSULTING TEAM Rebecca Rothenberg, Principal Atria Planning1223 Cleveland Avenue Suite 200San Diego, CA 92103Tel O: 619.375.0138https://www.atriaplanning.com/CONSULTING TEAM Emily Dowdall, Policy Director Colin Weidig, Senior Policy Analyst Janine Simmons, Analyst All images in this report were provided by the city of Denton unless otherwise noted.AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 2
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CONTENTSAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 3DEMOGRAPHIC ANALYSIS & FORECASTINGECONOMIC ANALYSIS & FORECASTINGAFFORDABLE HOUSING ANALYSISMARKET VALUE ANALYSISAFFORDABLE HOUSING TOOLSPROJECT OVERVIEWEXECUTIVE SUMMARYKEY FINDINGS5DENTON ON CONTEXT6COMMUNITY ENGAGEMENT PROCESS7PROJECT BACKGROUND & SCOPE9PROJECT OVERVIEW6COMMUNITY ENGAGEMENT PROCESS7POPULATION AND HOUSEHOLDS13RACE AND ETHNICITY13INCOME AND POVERTY14AGE14HOUSEHOLD TYPE14DISABILITY15LANGUAGE BARRIERS15EMPLOYMENT AND LABOR PARTICIPATION17COVID‐19 AND JOBS ANALYSIS17TOP EMPLOYERS AND INDUSTRIES18DENTON EMPLOYMENT IN CONTEXT19COMMUTING PATTERNS26H&T INDEX26HOUSING PROFILE28HOMEOWNERSHIP29RENTAL HOUSING32SUBSIDIZED HOUSING35DEFINING AFFORDABLE HOUSING36HOUSING CHALLENGES – HUD DATA40DENTON AVERAGE DISPLACEMENT RISK RATIO48FAIR HOUSING50PEOPLE EXPERIENCING HOMEMELESS AND AT‐RISK 52HOUSING DEMAND ESTIMATES55HOUSING NEEDS OF OLDER ADULTS59IMPACT OF UNIVERSITIES ON HOUSING64MARKET VALUE ANALYSIS (MVA) FINDINGS 66DENTON’S MARKET TYPES64STRONG MARKETS71STRONG/MIDDLE MARKETS72MIDDLE MARKETS73TRANSITIONAL MARKETS73DISTRESSED MARKETS74HOUSING NEEDS – AREAS OF OPPORTUNITY75STRATEGIES & RECOMMENDATIONS79INTEGRATING THE MVA 80POTENTIAL TOOLS CONDUCIVE TO MVA TARGETING 82APPENDICES 8813
The need for housing that is affordable for people at all income levels is not unique to Denton. It is a common themefaced by nearly every community. Unfortunately, there is no “one‐size fits all” fix to the lack of affordable housing noris there a universal solution. Denton, like other communities, has its ownunique mix of historical investment, currentinventory, development practices and future growth that shapes any potential housing strategies defined by policy andinvestment.The City of Denton’s housing market has been characterized by increasing demand and robust development activity inrecent years, driven by access to jobs, locational amenities like restaurants and retail, and university students seekingoff‐campus housing. Denton has also faced some of the challenges inherentin strong housing markets. These primarilyinclude maintaining affordability for lower‐income residents, many of whom are essential to the city’s economicdynamism as they staff food and entertainment venues or support university operations. When the housing marketcaters heavily to student rental housing, there are fewer adequate options for families, who are then unable to findaffordable rental units or purchase homes. The COVID‐19 pandemic has introduced uncertainty in the local economyand in the housing market, particularly in the rental sector as students engage in remote learning. However, thisuncertainty also provides an opportunity to make strategic investments and reshape the housing landscape.COVID‐19It is important to acknowledge that this analysis and assessment began priortotheoutbreakofthe2020COVID‐19pandemic. As the pandemic began spreading in mid‐March, it became clear that this event will have far reachingimpacts. The pandemic andassociated economic impact have introduced uncertainty for housing markets, residentincomes, university enrollment, the food/entertainment and retail sectors, and the construction industry. Even aspresent conditions are rapidly changing and the long‐term impact on key sectors is unclear, addressing current andlikely future housing needs remains a critical task for Denton stakeholders.EXECUTIVE SUMMARYAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 4
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REPORT KEY FINDINGSRenters who earn less than 50% of AMI ($43,110), and a portion of owners (particularly first‐time buyers) who earn less than 80% of AMI($68,976), find it difficult to afford most housing in Denton without assistance. Service industry workers and other low‐wage workers earningclose to minimum wage have the greatest need.Home prices have increased 38% in the past five years, at a rate higher than national average, and are now unaffordable to many moderate‐income families.Rents have also increased in the past five years, but at a slower rate than sale prices (8%) and remain approximately 10% more affordablethan rents in Dallas ($938 compared to $1,050 for a one‐bedroom unit as of September 2020). These prices are affordable to moderateincome households but are unaffordable to low wage workers and other low‐income households on fixed incomes.The five‐year housing demand model (2021 to 2026) projects a need for an additional 4,100 to 4,479 rental housing units, and 3,659 to 5,015homes for ownership between 2021 and 2026. These figures are for units needed to accommodate new households that move into the city, aportion of existing low‐income renters who may become homeowners, and thehomeless population. These figures do not include demandfrom existing households experiencing the HUD‐defined “housing challenges” of cost burden (16,669 households, according to theConsolidated Plan), overcrowding, or lack of basic kitchen or plumbing facilities.Members of Denton’s workforce who require affordable rents and more affordable homeownership opportunities, based on the typical wagesor salary for their position, include retail sales staff, childcare workers, clergy members, firefighters, and librarians.The Housing Tax Credit (LIHTC) Program, the primary funding mechanism foraffordable rental housing, does not provide deep enoughsubsidies to address rental housing needs for most service industry workers. Therefore, additional subsidies through creative financingstructures will be needed to assist renters earning less than 50% of AMI.Affordable homeownership opportunities, however, may be created without subsidy programs, by increasing the supply of more diversehousing options, including condos, townhomes, duplexes, triplexes, fourplexes, Accessory Dwelling Units (ADUs) and other smaller units.Seniors will comprise a greater share of Denton’s households in the next two decades as Baby Boomers age into their senior years, increasingthe need for affordable senior housing and home retrofit and rehabilitation programs so that homeowners may age in place.According to Reinvestment Fund’s Displacement Risk Ratio analysis, which compares changing home sale prices over time to “baseline”income, areas showing the highest risk of price‐based displacement in recent years are Southeast Denton, the area east of North Mayhill Roadjust south of Highway 380, and the neighborhoods between the UNT DiscoveryPark campus and Locust Street. Southeast Dentonexperienced the greatest increase in displacement risk calculated at theblock group level (i.e., areas smaller than a census tract) over time.These are not necessarily areas with the biggest or most rapid prices increases in the city, but the areas where prices have increased mostincomparisonto incomes of longtime residents.AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 5
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AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 6DENTON IN CONTEXTDenton is an established and historic college town and the seat of DentonCounty.Inthecity’searlydays,itwasahubforthewheatandcottontrade, developing into a significant Texas city in the latter part of the 19thcentury. Two large public universities – Texas Women’s University and theUniversity of North Texas ‐ were founded there in the early 20thcentury asthe city further developed. The Dallas region also expanded during thistime, aided by new commuter rail lines and a streetcar network. By the1940s, the City of Denton was integrated with the larger DallasMetropolitan Statistical Area (MSA).As in many cities across America, the early 20thcentury City BeautifulMovement displaced low‐income minority communities to what werethen the outskirts of town for civic improvements; the residents ofQuakertown relocated to Southeast Denton. The city continued to growduring the 1950s postwar boom, with the GI Bill increasing the number ofuniversity students. The I‐35 East and I‐35 West highway connection anddevelopment of Dallas International Airport also drove growth.Strong demand for housing in Denton in the past decade is partlyattributable to its reputation as an affordable, walkable community and anentertainment destination. However, prices have escalated in recent yearsdue to high demand, even in historically low income, non‐Whiteneighborhoods. The pending development of 14,000 units insouthwestern Denton as part of the Cole and Hunter Ranch MasterPlanned Communities would expand the city’s housing marketsubstantially, alleviating some of the demand and providing diversehousing options that will include single family homes, townhomes,condominiums, and rental units.
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To augment the findings derived from analysis of data and past reports around Denton’s housing issues, we interviewedtwelve stakeholders representing city government, the housing development community, and advocacy groups representingseniors, persons with disabilities, and the homeless population. For a list of stakeholders comments, please seeAttachment1. The results of these interviews emphasized the key housing issues. Common themes are summarized here:Affordable Rental Housing –Theneedformoreaffordablerentalhousingforlow‐wageworkersandothervery low‐income families. The income at which housing becomes too expensive is around 50% of AMI and below.Housing Subsidies –Public Housing Authority voucher holders find it difficult to find rentalhousing, particularlysingle‐family rental units.Affordable Homeownership– The cost of developing housing and for acquiring land is increasing in Denton, increasingcosts for new homes and pricing moderate‐income workers out of the homeownership market. Low‐ and moderate‐income families could become homeowners five years ago, but now cannot because of increased home prices.Workforce Housing Needs‐ Denton needs more diverse housing options suited to different incomes andhouseholdtypes.Impact of Universities and Housing‐ The university student population directly competes with non‐university renters,increasing rental prices. As housing ages and growth occurs, the types of specialized non‐traditional apartments beingdeveloped will not be rentable in the future and/or will be costly to convert.Vulnerable Populations‐ Denton needs more affordable housing and accessible units that are available to seniors,persons with disabilities, and people in need of temporary housing assistanceofferedwithanetworkofsocialservices such as youth aging out of the foster care system, safe houses for victims of human trafficking, and peopleexperiencing and at‐risk of homelessness.COMMUNITY ENGAGEMENT PROCESSAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 7
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Project Overview18
Demographic and Economic Data AnalysisStakeholder Meetings and Interviews Market Value AnalysisInformation Gathering Phase 1Data ReportFuture: Resources and StrategyPhase 2Phase 3Refine recommendations and implementation strategiesReview existing local and state laws/ programs/ barriersPropose incentives, policies, and priorities to meet specific needsAnalysis of housing needs based on quantitative and qualitative information, framed by the MVATotal and unmet housing needsAffordable Housing SupplyWorkforce Housing NeedsDemand ForecastsHousing Opportunity IndexIn February of 2020 the City of Denton contracted with Reinvestment Fund and Atria Planning to conduct a housing needs assessment over aten‐year period, from 2021 – 2031. The scope of the project includes an analysis of the city’s housing needs, a review of existing marketconditions, and a set of recommended strategies to address housing needs that takes into account the current fiscal and market realities cityleadership anticipates in the coming years. Reinvestment Fund and Atria worked with the City’s Community Services Department throughout thestudy, which was completed in December, 2020.PROJECT BACKGROUND AND SCOPEAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 9
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HOUSING NEEDS AND CHALLENGESThe first part of the study – the City of Denton’s housing needs andchallenges – examines the housing challenges current residentsexperience based on their income and household demographics.Like the City’s Consolidated Plan for Housing and CommunityDevelopment, this includes affordability issues (where householdspay more than 30% of their income on housing and are considered“cost burdened”), maintenance issues, and overcrowding. However,the report also examines housing needs for the current workforce,comparing local wages with available housing stock and prices forrental units and homeownership. Finally, the report includes asummary of housing needs for the city’s most vulnerable residents,including older adults with mobility challenges, persons withdisabilities, and households at risk of homelessness. This sectionconcludes with an estimate of housing demand based onanticipated population changes over the next ten years, categorizedby tenure (rent vs. own), income, and number of bedrooms.Themethodologyfor the study includes qualitative andquantitative analysis. Quantitative analysis uses data from publicand private sources, notably theU.S. Census American CommunitySurvey, the U.S. Census Longitudinal Employer HouseholdDynamics, HUD datasets, and ESRI’s Business Analyst. Thequalitative data used for the study includes other published plansand reports and stakeholder interviews with housing advocates andcity representatives. The reports used as reference include DentonPlan 2030; consumer preference surveys and other national reportspublished by the Urban Land Institute and National Association ofHome Builders; and market research from Zillow Inc.MARKET VALUE ANALYSIS (MVA)The Market Value Analysis (MVA) is an objective tool built on localadministrative data (e.g., new construction permits, foreclosureauction listings) to help stakeholders understand their real estatemarkets. The MVA identifies where different types of investment orintervention strategies will be most effective. Since 2001,Reinvestment Fund has created over 40 MVAs for municipal,county, and state geographies across the country including Dallas,Irving, and Houston in Texas; Philadelphia, Pittsburgh, andBethlehem (home of Lehigh University) in Pennsylvania; Selma, ALand Jacksonville, FL.For any geographic area, there is a unique spectrum of marketsranging from the strongest (high sale prices, few code violations,etc.) to the most distressed (low sale prices, lots of code violations),with a range of market types in between (see Figure 1). The MVAcreates a set of categories that describes the different residentialreal estate submarkets (also known as a typology). This MVA alsoserves as a framework for evaluating other important housingmarket and demographic characteristics such as housing age, costburden, household poverty, and race/ethnicity.To perform the MVA, Reinvestment Fund collected and analyzeddata indicators that reflect Value and Investment (sale prices,building permits), Distress and Vacancy (foreclosure, codeviolations), and general Housing Characteristics (tenure, land use).We use a technique called a cluster analysis to assign every censusblock group to statistically distinct market categories. Denton staffassisted with ground validation of data and the resulting model.Stakeholder meetings helped to confirm that the analysis accuratelycaptured conditions and market differences across the city.AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 10PROJECT OVERVIEW20
AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 11Figure 1: 2020 Denton MVA21
ATRIAPLANNINGDemographic Analysis And Forecasting22
Understanding who lives in Denton is an important first step to meeting thehousing needs of all residents.This information is used toestimate demand for different price points, unit sizes, and tenure type. The report uses ESRI Business Analyst’s 2019 estimates and the AmericanCommunity Survey 5‐Year data for 2014‐2018.Table 1: Population by Race and EthnicitySource: U.S. Census and American Community Survey, 2014 ‐ 2018RACE AND ETHNICITYPopulations of all races and ethnicities have grown in number over the lasttwo decades as Denton has expanded. The City remained majorityWhite in 2018. Almost a quarter of residents are Hispanic, just under 10% are Black and just under 5% are Asian.POPULATION AND HOUSEHOLDSDenton is a fast‐growing city. It had an estimated 141,792 residents living in 52,860 households in 2019, according to ESRI BAO 2019 estimates,which represents an increase of 21% since the 2010 Census. According to ESRI’s projections, the city is slated to add an additional 8,018households and nearly 20,000 people by 2024.AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 13DEMOGRAPHIC ANALYSIS & FORECASTINGDenton TexasWhite61,246 83,705 106,140 79.41% 74.31%Black7,275 11,734 12,551 9.39% 12.07%Asian2,634 4,670 5,581 4.18% 4.69%Native Hawaiian or Pacific 90116155 0.12% 0.08%American Indian or Alaskan 420871850 0.64% 0.49%Some Other Race7,047 8,613 4,043 3.02% 5.74%Two or More Races1,866 3,674 4,341 3.25% 2.62%Hispanic (any race)13,198 24,071 32,009 23.95% 39.17%Percent of Total Population2014‐2018Race / Ethnicity 2000 2010 2018
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INCOME AND POVERTYTheCityofDentonhasalowpovertyrateandcanbeconsidereda“moderate income” community compared to state and regionalfigures. According to the 2018 5‐Year American Community Survey,the median income in Denton was $56,489 (meaning half of allhouseholds in Denton earned more, and half earned less). This is19% lower than the Dallas MSA median income and 5% lower thanthe state. The share of families in poverty was 8.9%, which washigher than Denton County as a whole (5.06%) but less than theDallas MSA (9.48%) and the state (11.9%).Source: American Community Survey, 2014 ‐ 2018AgeIn 2018, 10.83% of the population was over the age of 65. 69.41%were of working age (18‐64). 19.77% were under 18, and 5.63%were under 5 years old. Of particular note, 16% of Denton’spopulation is between 20 and 24 years old, more than twice thestate figure of 7%, illustrating the concentration of college‐agestudents within the city.HOUSEHOLD TYPE Dentonhasalargepercentage(42%)ofnon‐familyhouseholds,defined as persons living alone, with roommates, and/or in groupresidences. This is substantially higher than the state figure of 30%and can be attributed to the high number of university students inthe area. In contrast, 54% of households in Denton are familyhouseholds, compared to 70% for the state. The average size of ahousehold in this area was 2.65, as compared to the averagehouseholdsizeforthecountyandthestate,2.81(Denton)and2.86(Texas) respectively. Just under half of Denton’s family householdshad children under 18 (45%).Source: American Community Survey, 2014 ‐ 2018Table 2: Annual Income by HouseholdTable 3: Population by AgeTable 4: Population by Household TypeSource: American Community Survey, 2014 ‐ 2018AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 14DEMOGRAPHIC ANALYSIS & FORECASTING2014‐2018 AnnualIncome CategoryNumber of HouseholdsPercent of HouseholdsLess than $25,00010,292 22.10%$25,000 ‐ $34,9994,824 10.36%$35,000 ‐ $49,9995,969 12.82%$50,000 ‐ $74,9998,039 17.27%$75,000 ‐ $99,9996,310 13.55%$100,000 ‐ $124,9994,074 8.75%$125,000 ‐ $149,9992,870 6.16%$150,000 or more4,183 8.98%Age# by Age Group % by Age Group% by Age Group (Texas)Under 57,531 5.63% 7.17%Under 1826,420 19.77% 26.15%Working Age (18‐64)92,769 69.41% 61.88%Aging (65+)14,472 10.83% 11.97%Household TypeDenton CityDenton CountyDallas MSATexasCouples without Children 0.23 0.272 0.253 0.259Couples with Children 0.195 0.295 0.258 0.245Single Parents0.093 0.092 0.121 0.123Other Families0.061 0.049 0.063 0.067Non‐Family Households 0.42 0.292 0.305 0.306
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Figure 2: Presence of Bilingual CommunitiesAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 15DEMOGRAPHIC ANALYSIS & FORECASTINGDISABILITYAn estimated 9.97% of all residents inDenton reported living with adisability, while the rate for thepopulation over age 65 is more thanthreetimeshigher,at32.61%.Itistypical for the incidence of disabilityto increase with age. Overall, thedisability rate in the city iscomparable to state and regionalfigures, but higher than the countyfigure of 7.83%.LANGUAGE BARRIERSApproximately 8.6% of Dentonresidents were non‐English speaking.Spanish was by far the mostcommon language spoken, whileChinese, Arabic, and Persian werealso present. Compared to otherparts of the Dallas MSA, thepresence of bilingual communitieswas low‐to‐average.Figure 2: Presence of Bilingual Communities25
ECONOMIC ANALYSIS & FORECASTINGATRIAPLANNING26
The City of Denton has a strong economic foundation rooted in its anchor institutions – the universities and local government. The city is knownregionally as a college town with a wealth of entertainment and dining options. Indeed, based on location quotients for the city, the topindustries in Denton are retail, arts and entertainment, accommodation and food services, and education. [Location quotients compare thepercentage of the workforce within specific industries to the national average, where the national average equals one. Location quotients aboveone are considered industry strengths. In Table 5, the location quotient for Education Services is 1.91, meaning Denton has a 91% higher share ofworkers in this industry than the national average.]Table 5: Top Industries (compared to U.S. average)Source: ESRI BAO 2019EMPLOYMENT AND LABOR PARTICIPATIONFor the DFW region, unemployment rates followednational trends over the past decade, with post‐recession unemployment exceeding 8%, but thendropping below 4.5% in 2015 and remaining lowuntil the coronavirus pandemic led to a surge inunemployment in the spring of 2020.COVID‐19 AND JOBS ANALYSISThe COVID‐19 pandemic and related policies for social distancing led to a dramatic decline in jobs and an unprecedented number ofunemployment claims from April through June of 2020. In Texas, employmentdropped 17.2%1, with the leisure and hospitality sectors hitparticularly hard2. The Federal Home Loan Bank of Dallas projects a continued improvement in economic conditions over the remainder of theyear, but not at a pace to offset the losses that occurred earlier in 2020. The bank projects an overall loss of roughly 5% of jobs in Texas fromDecember 2019 to December 2020,3assuming no additional economic shutdowns occur. However, the bank’s data illustrates how the spike inCOVID‐19 cases led to a drop in the number of hourly workers, many of whom work in retail, restaurants, and bars. This will have a significantimpact on Denton’s economy, although there are too many unknowns at this time to make a reasonable forecast. However, if we refer to themost recent economic downtown, the Great Recession of 2018, we find that Texas experienced an economic downturn, but fared better thanmost states, with an overall dip of 13% in home prices4. Early indicators are suggesting the impact of the crisis is clearly asymmetric, with low‐wage workforce segments hit hard by the pandemic while other high‐wage occupations not impact by supply and demand fluctuations arerebounding more quickly.1 Federal Home Loan Bank of Dallas, Texas Employment Forecast, July 17, 2020.2 Christopher Slijk and Keighton Hines, “Texas Economy’s Rebound Stalls in July after Gains in May, June,” Federal Home Loan Bank of Dallas, August 06, 2020.3 Ibid.4 CoreLogic, “Evaluating the Housing Market Since the Great Recession,” February 2018, retrieved October 29, 2020 at https://www.corelogic.com/downloadable‐docs/corelogic‐peak‐totrough‐final‐030118.pdfAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 17ECONOMIC ANALYSIS & FORECASTINGIndustriesEmployed Percent US PercentLocation QuotientRetail Trade7,361 10.90% 9.70% 1.12Management of Companies215 0.30% 0.10%3Arts/Entertainment/Recreation1,639 2.40% 1.60% 1.5Accommodation/Food Services6,048 9.00% 5.60% 1.61Educational Services12,465 18.50% 9.70% 1.91
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Figure 3: Unemployment in DMA0.02.04.06.08.010.012.014.0Jan2010Jun2010Nov2010Apr2011Sep2011Feb2012Jul2012Dec2012May2013Oct2013Mar2014Aug2014Jan2015Jun2015Nov2015Apr2016Sep2016Feb2017Jul2017Dec2017May2018Oct2018Mar2019Aug2019Jan2020Jun2020UNEMPLOYMENT RATE, DALLAS METRO AREATOP EMPLOYERS AND INDUSTRIESThe City of Denton’s economy is fueled by its universities and its draw as anentertainment and dining hub for the region. Because collegestudents spend more on restaurants and entertainment than the average consumer, their spending power supports Denton’s small businessesand enhances the city’s cache as a cultural and entertainment mecca for theregion. Indeed, the food and entertainment industries are economicdrivers for the city, generating $500 million annually from outside consumers.iThere are an estimated 234 restaurants per 100,000 population,exceeding Austin figures.We see these industry strengths in the employment figures, where 75% more workers are employed in the education field than national average,and 68% more are employed in food preparation and serving than national average.AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 18ECONOMIC ANALYSIS & FORECASTING28
Table 6: Top Occupations (compared to U.S. average)Source: ESRI BAO 2019DENTON EMPLOYMENT IN CONTEXTTo gain a better understanding of Denton’s employment in a regional context, we analyzed job concentrations by block, categorized by industry,for the metropolitan area using the U.S. Census Longitudinal Employer‐Household Dynamics (LEHD) dataset. From these data, Denton’s economicstrengths are in education, public administration, and the service industry (e.g., restaurants and entertainment) with a clear concentration of jobsfollowing the I‐35 East Corridor. Outlying areas southeast of the city have higher concentrations of technology and business‐oriented jobs.AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 19ECONOMIC ANALYSIS & FORECASTINGDENTON’S ECONOMIC STRENGTHSEducation | Service Industry | Public AdministrationOccupation ClassificationJobsPercent of all JobsU.S. Percent of all JobsLocation QuotientEducation/Training/Library7,501 11.20% 6.40% 1.75Arts/Design/Entertainment1,809 2.70% 1.80%1.5Food Preparation/Serving4,965 7.40% 4.40% 1.68Building Maintenance3,175 4.70% 3.90% 1.21Personal Care/Service3,048 4.50% 3.60% 1.25
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DENTON COUNTY JOBSEmployment SectorsFigure 4: Number and Type of Jobs per Census blockAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 20
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DENTON COUNTY JOBSEducation/MedicalFigure 5: Number of Education/Medical JobsAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 21
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DENTON COUNTY JOBSPublic AdministrationFigure 6: Number of Public Administration JobsAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 22
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DENTON COUNTY JOBSBusiness and ScienceFigure 7: Number of Business and Science JobsAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 23
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DENTON COUNTY JOBSService IndustryFigure 8: Number of Service Industry JobsAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 24
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DENTON COUNTY JOBSTechnology and InformationFigure 9: Number of Technology and Information JobsAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 25
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55.5%29.2%41.7%41.7%52.3%48.1%2.8%18.6%10.2%0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% 90.0% 100.0%Denton CityDenton CountyDallas MSAHousing & Transportation Index, 2017Share of Income Spent<45%45% - 66%More than 66%COMMUTING PATTERNSDenton residents have shorter commute times, aremore likely to walk or bike to work, and are more likelyto work in their community than regional averages. Thisis likely due to its universities, which employ a largepercentage of local residents.Table 7: Commuting PatternsHOUSING & TRANSPORTATION INDEX (H&T INDEX)TheCenter for Neighborhood Technology, a non‐profit organization committed to sustainable development and livable urban communitiescreated the Housing & Transportation Index to measure how affordable a community is, using a combined average of housing and transportationcosts. This is a useful tool to determine whether households move to distant locations due to cheaper housing costs but may pay the same ormore when factoring in the costs of transportation. An “affordable” totalshare of income for both expense categories is 45%.Figure 10: Housing and TransportationDenton’s residents, onaverage, pay less thanthe average amountthat residents pay inDenton County or theDallas metropolitanarea. However, thesefigures are based on2017 data. Becausehousing prices inDenton have increasedsignificantly in recentyears, this relativeaffordability may havechanged due to housingprices, not commutetimes.Source: Center for Neighborhood TechnologyAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 26ECONOMIC ANALYSIS & FORECASTINGCommuniting PatternDenton Dallas MSA What is the average commute time? 23.8 minutes 28.3 minutesHow many workers walk or bike to work? 5.20% 1.60%How many residents work in their communities? 53.60% 35.20%
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AFFORDABLE HOUSING ANALYSISATRIAPLANNING37
CURRENT/FUTURE ENVIRONMENTMiddle Housingrefers to housing types that fall between the single‐family home and the large apartment building, including twin homes, duplexes, smallapartment buildings, and commercial storefronts with apartments above.The term, coined by Daniel Perolek, references a period of American historywhenzoninglaws and the construction industry encouraged a mix of building types within established neighborhoods. Combining different housing types withina neighborhoodincreases diversity – younger and older, long‐term and transient, singlepeople and large families, rich and poor. It also increases the density of neighborhoods.Having more people means that local restaurants and shops can thrive. Potentially, there would be enough ridership demand to support light rail or streetcars.American cities moved away from this model during the heyday of suburbanization, only to return to it in the late 20thcentury. According to consumer surveysprovided by the American Association of Realtors, potential homebuyers are now seeking more walkable neighborhoods near shopping and restaurants,particularly in the suburbs.HOUSING PROFILEThe City of Denton was founded in the mid‐1800s andhad several periods of housing construction reflectingdifferent architectural styles. These include statelyVictorian mansions from the late 19thcentury; bungalowsand four‐squares from the early 20thcentury; traditionalcottages from the post‐World War II period; and themore familiar brick ranches built from the 1970s onward.The city is also known as a university town, with its twouniversities founded at the turn of the 20thcentury.Because of its large university population of more over50,000 students5, Denton has more multi‐family housingthan comparably sized communities in the Dallas metroarea – in particular, small‐scale rental housing incommunities built before 1980, which tended to beintegrated with neighborhoods. Indeed, Denton hastwice as many housing units within small rental buildingsthan the Dallas MSA.5https://dentonedp.com/reportsTable 11: Percentage of Housing Types 5‐19 unit building 20+ unit building Single family homeDenton9.90% 18.70% 55.30%DFW MSA5.50% 14.20% 63.60%9.90%18.70%55.30%5.50%14.20%63.60%0.00%10.00%20.00%30.00%40.00%50.00%60.00%70.00%HOUSING TYPESDentonDFW MSAAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 28AFFORDABLE HOUSING ANALYSIS38
Figure 12: Age of Housing Stock8.7%23.9%31.0%27.3%9.1%Before 19601960 ‐ 19801980 ‐ 20002000 ‐ 20102010 or later3.2%13.0%39.9%29.8%14.0%Before 19601960 ‐ 19801980 ‐ 20002000 ‐ 20102010 or laterCITY OF DENTON DENTON COUNTYTable 8: Tenure by TypeHOMEOWNERSHIPHigh demand and limited supply of housing for sale has led to significant increases in the prices of homes in Denton, including historicallymoderate to low priced neighborhoods. Homes move quickly, and in the past five years, the average home price has increased by 38%. Thisincrease is higher than U.S. trends (32% increase from 2015 – 2020). Dentonalso has a very low vacancy rate in the for‐sale market (below 1%).Industry standards suggest the for‐sale market is healthiest between 1.5% and 2.5%, providing enough supply of homes for sale to avoid rapidprice escalation.AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 29AFFORDABLE HOUSING ANALYSISTenure by TypeDenton City Denton County DFW MSA TexasOwner Occupied48.00% 64.50% 59.60% 61.90%Homeownership Vacancy Rate0.60%0.80%1.20%1.60%Renter Occupied52.00% 35.50% 40.40% 38.10%Rental Housing Vacancy Rate6.70%5.30%7.10%7.70%39
Figure 13: Home Value by Census TractAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 30AFFORDABLE HOUSING ANALYSIS40
Figure 15: Average Days on the Market (Zillow)Denton–US–Denton –US–AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 31AFFORDABLE HOUSING ANALYSISFigure 14: Average Home Sale Price, City of Denton (Zillow)
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RENTAL HOUSINGDenton is a college town, and slightlymore than half of all households inDenton are renters (52%) due to itslarge number of students. This createsa reliable demand for rental housing,resulting in healthy vacancy rates(7.1%asreportedintheACS5‐Year2014 – 2018) and steady revenue forlocal landlords. Rent prices haveincreased by 23% in the past five years,outpacing median housing incomegrowth of 17%, which illustrates agrowing need for more affordablerental housing options. The averagerent for a one‐bedroom unit in Dentonin September 2020 (according toRainmaker Insights, a market researchfirm) was $938 per month, which isaffordable to someone earningbetween 50 and 60 percent of AMI.Figure 16: Average Rent for a Two‐Bedroom UnitSource: Zillow Research6Rainmaker Insights provides monthly rental estimates for one‐ and two‐bedroom units across the U.S., accounting for 80% of all rental units. According to data available for September 2020,the Denton rental market is 5% higher than the same month last year.However, the 2020 pandemic has created uncertainty around the future rental housing market in Denton. Indeed, recent enrollment figuresindicate a significant decline in student population for the 2020 – 2021 academic year, which will significantly impact rental housing demand,resulting in concessions and lower rents. As of November 2020, rents appear to have remained stable, not accounting for rent concessions.6AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 32AFFORDABLE HOUSING ANALYSIS42
$400$500$600$700$800$900$1,000$1,100$1,200Jan‐11May‐11Sep‐11Jan‐12May‐12Sep‐12Jan‐13May‐13Sep‐13Jan‐14May‐14Sep‐14Jan‐15May‐15Sep‐15Jan‐16May‐16Sep‐16Jan‐17May‐17Sep‐17Jan‐18May‐18Sep‐18Jan‐19May‐19Sep‐19Jan‐20May‐20Sep‐20AVERAGE RENTS IN DENTONAll Beds1 Beds2 BedsFigure 17: PriceTrends for Rental Unitsin Denton by Unit SizeSource: Rainmaker InsightsAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 33AFFORDABLE HOUSING ANALYSIS43
Figure 18: Multifamily Housing ConcentrationsAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 34AFFORDABLE HOUSING ANALYSIS44
SUBSIDIZED HOUSINGLENDING AND FORECLOSURESThe Home Mortgage Disclosure Act (HMDA) requires banks to tracks mortgagelending practices in support of the Fair Housing Act to ensure fairlending practices in minority low‐income communities. This report includes research on lending practices within the Dallas metro area to identifypotential disparity issues in lending practices. According to HMDA 2018 data for the Dallas region, a Black or Hispanic applicant for a home loanis more likely to be denied than a White applicant, even controlling for income. Among households earning less than 50% of AMI, Whiteapplicants experience a 34% denial rate, compared to 43% for Black and Hispanic applicants. This disparity lessens within the 50% to 80% ofAMI, where 21% of White applicants are denied a home loan, compared to 28% for Black applicants and 25% for Hispanic applicants.Thereasons for this disparity vary, and may include discriminatory lending practices, but also a need for financial literacy programs and bankingrelationships within minority communities to address the homeownershipgap.HOUSING TAX CREDITS:There are 1,415 low‐income housing taxcredit units within 12 developments in the city. Threedevelopments are due to have expiring affordability contracts in thenext five years totaling 168 units. This includes Country Park (120units, expiring in 2026), Pecan Place (24 units, expiring in 2025),and Silverado (24 units, expiring in 2020).There is a concentration of tax credit housing within the Southeastneighborhood of Denton defined by Census Tract 212.02, with81.5% of all tax credit apartments in this neighborhood, or 1,334units. This neighborhood is historically Black and is currently 27%Black and 33% Hispanic.In Denton’s Fair Housing Plan of 2020, thecity prioritizes increasing affordable housing options in areas withlower poverty rates and greater diversity (“areas of opportunity”).AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 35PUBLIC HOUSING AUTHORITY:The Denton Housing Authoritymanages a Housing Choice Voucher Program consisting of 1,641vouchers and four properties – two family developments (theVeranda and Renaissance Courts, totaling 472 units), and twosenior developments (Heritage Oaks and Pecan Place, totaling 64units). Included in the Section 8 Program is a rent‐to‐ownhomeownership program using vouchers. In addition, the HousingAuthority administers 90 permanent supportive housing vouchersprovided by Health and Human Services for persons withdisabilities, and 25 HUD‐VASH vouchers providing housing toformerly homeless veterans. The Housing Authority does not ownor operate any public housing units or project‐based vouchers –developments are funded using tax credits, other HUD programs,and Housing Choice Vouchers. According to a resident surveyadministered in 2018, participants cited a need for more housingoptions in neighborhoods of opportunity, and assistance withsecurity deposits for low‐income renters.AFFORDABLE HOUSING ANALYSISAFFORDABLE HOUSING ANALYSIS45
To accommodate existing and future families, the Dentonhousing market needs more homes‐for‐sale priced below$200,000, and rental units priced below $900 per month.Because there are resources to develop new rental unitspriced between $750 and $900 per month, the greatestrental need is for units priced below $750 per month.“Affordable housing” is a relative measure.HUD has set a standardon what is considered “affordable” to any household, regardless ofincome. Considering other necessary expenses like food, healthcare and transportation, HUD deems that households who pay lessthan 30% of their income on housing expenses have housing that isaffordable to them. For renters, this includes monthly rent andutility costs. For owners, this includes monthly mortgage paymentsplus taxes and insurance.In real terms, this means an individual earning $30,000 per yearwould need to spend less than $750 a month on rent to have“affordable” housing. It also means that if an individual earns$100,000 per year and rents a luxury apartment for $3,000 amonth, theywould nothave “affordable” housing ($100,000 dividedby 12 months times 30% equals $2,500 per month). Thus, the 30%rule alone is not adequate for defining “affordable housing need”since there is widespread agreement that higher incomehouseholds may choose to spend a higher income share on housingand still have more than sufficient resources to cover expenses likegroceries and transportation.Affordable housing policy and programs tend to use incomecategories based on HUD definitions relating to “Area MedianIncome” or “AMI.” This is the “middle point” of annual earnings forall families within the Dallas Metropolitan Area. In 2020, the DallasAMI was $86,220 per year. This allows for incentives and financialresources to more precisely target households whose needs are notmet by the private market and who have little residual income forbasics and emergency reserve after accounting for housing costs.DEFINING “AFFORDABLE” HOUSING FOR DENTONTable 9. Housing AffordabilityMaximum Annual Income by IncomeCategoryMaximum Affordable Rents by IncomeCategoryMaximum Affordable Home Price by Income CategoryAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 36AMI Less than 30% 30% ‐ 50% 50% ‐ 80%Individual$18,120 $30,200 $48,320 Couple$20,700 $34,500 $55,200 Family of Four$25,860 $43,100 $68,960 AMI Less than 30% 30% ‐ 50% 50% ‐ 80%Individual $453 $755 $1,208 Couple$517 $862 $1,380 Family of Four$646 $1,077 $1,724 AMI Less than 30% 30% ‐ 50% 50% ‐ 80%Individual $453 $755 $1,208 Couple $517 $862 $1,380 Family of Four $646 $1,077 $1,724
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WHO NEEDS “AFFORDABLE” HOUSING IN DENTON?Housing prices vary widely across the U.S. For this reason, somehigh earners can be housing cost burdened if they live in high‐priced areas (like San Francisco, where the average rent is over$3,000 per month), whereas other areas are much more affordable.The average rent in the Dallas region, for example, is roughly halfthat at $1,535 per month, and the Denton average is even lower atjust over $1,000. These variations in pricing reflect housingdemand (higher demand increases prices) and the costs associatedwith building and maintaining housing (e.g. land prices, permittingcosts, salaries for construction workers, etc.).Every region has a “line” in which free market activity can nolonger provide enough housing at an affordable price to meet theneeds of all its residents. In Denton, this line is approximately$900 a month in rent, and $200,000 for home purchase.(Zillow,bottom tier price 2020). Renters who earn less than 50% of AMI($43,110), and a portion of owners (particularly future buyers) whoearn less than 80% of AMI ($68,976), will find it difficult to affordmost housing in Denton without assistance.Many of the households with unmet affordable housing needsinclude important members of the local workforce whose wagesare salaries are not keeping pace with rising housing costs. Toaddress the needs for households who cannot afford market prices,cities may turn to federal subsidies and creative housing solutionsto fill the gap. The next section explores the housing needs ofworkers by sector and occupation.WORKFORCE HOUSING NEEDSIn the past decade, the increase in housing prices and rents haveoutpaced wage growth for many workers, raising concern from bothhousing advocates and economic development specialists that alack of affordable housing may have a negative impact on economicgrowth. This includes low‐wage service industry workers, who mayearn minimum wage, along with young professionals starting out intheir careers and essential workers in emergency response,education and social work. Without a supply of housing affordableto the local workforce, employees become harder to attract andretain, increasing overall costs to employers.Earlier in the analysis, we identify Service Industry jobs, PublicAdministration, and Education as significant economic strengths forDenton, and identified housing growth of approximately 14,000units due to the Cole Hunter Ranch development, increasing thedemand for city workers like firefighters, school teachers and cityplanners. To analyze how affordable the local housing market is tofuture workers, we examine regional wages by occupation for theDallas MSA in comparison with local housing prices.Based on the analysis, we find that low‐wage service industryworkers like cashiers and sales clerks, and low‐wage health andchild care workers, cannot afford local rents or even subsidizedrents under the Low Income Housing Tax Credit (LIHTC) program.Workers with these occupations earn between 30% and 50% ofAMI, and to meet their housing needs. These positions can affordrent of approximately $500 per month and would need to earnmore than double their salary to afford an average‐priced one‐bedroom unit, and 85% more to afford a subsidized apartmentunder the tax credit program.AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 37DEFINING “AFFORDABLE” HOUSING FOR DENTON47
To meet the housing needs for low‐wage workers, Denton wouldneed to increase its supply of deeply affordable housing. This canbe accomplished by:1. Incentivizing new affordable housing construction which includesrental units affordable to households earning less than 50% ofAMI;2. Increasing landlord participation in the Housing Choice VoucherProgram;3. Increasing low‐cost homeownership opportunities for very low‐income families through relationships with church builders,Habitat for Humanity, and other non‐profit builders using sweatequity programs;4. Providing incentives to local non‐profits to increase the supply ofdeeply affordable rental housing by rehabilitating andreconfiguring existing buildings.The issue of workforce housing also includes young professionalsandcityworkerswhotypicallycanaffordrentingbutcannotaccesshomeownership given current prices and the types of housingavailable. Many young professionals cannot afford to purchase ahome in Denton, a result of increased prices for single family homesand additional debt burdens from student loans. However, thesolution may not be subsidy, but development of an alternativehousing type. This includes smaller homes, townhomes, condos,and potentially duplexes, where the owner lives in one unit andrents the other to help pay for the mortgage. This additionalhousing type will encourage a more diverse mix of homeowners inthe city and provide non‐traditional family units with theopportunity to access homeownership.Table 10: Occupations and Housing Affordability in DentonAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 38DEFINING “AFFORDABLE” HOUSING FOR DENTONOccupationIncome (25th Percentile)Maximum RentMaximum Home PriceIs the Average‐Priced 1‐Bedroom AffordableIs Buying an Average Priced Home Affordable?Cashiers$19,560 $489 $57,037 Social Workers$43,510 $1,088 $175,207 Childcare Workers$18,540 $464 $52,005 Firefighters$47,260 $1,182 $193,710 Construction and Building Inspectors$45,820 $1,146 $186,605 Data Entry Keyers$27,620 $691 $96,806 Librarian$28,370 $709 $100,506 Electricians$39,050 $976 $153,202 Legal Secretaries and Administrative Assistants$41,290 $1,032 $164,254 Nursing Assistants$24,560 $614 $81,708 Postal Service Mail Carriers$37,020 $926 $143,186 Retail Salespersons$20,630 $516 $62,317 Clergy$42,730 $1,068 $171,359 Computer Network Support Specialists$56,320 $1,408 $238,412 Middle School Teachers, Except Special and Career/Technical Education$53,400 $1,335 $224,005 Microbiologists$47,050 $1,176 $192,674 Urban and Regional Planners$58,410 $1,460 $248,724 Web Developers and Digital Interface Designers$54,060 $1,352 $227,261 Speech‐Language Pathologists$54,220 $1,356 $228,051 48
Additionally, there arefamilies in Denton that workin necessary positions for thecity,inhealthcare,orinlocalschools or libraries, that donot earn enough to affordhousing but are necessaryandappreciatedresidentsofthe city. A diverse mix ofhousing may addressaffordable housing needs,but for those workers whoneed a single‐family homefor their families but cannotafford one, homeownershipsubsidies may provide thesolution.This may include:down‐payment assistancelow or no‐interest loansemployer home purchaseprogramsAverage Rent fora One‐BedroomApartment = $938Rent for a One‐Bedroom TaxCredit Unit = $920Average HomePrice = $248,799Source: Atria Planning usingrental price data fromRainmaker Insights, September2020, and U.S. Bureau ofOccupation and Wage Statistics,2019 using Dallas MSA wages atthe 25thPercentile.Source: Atria Planning usingdata from Zillow Inc. effectiveJuly 2020 and U.S. Bureau ofOccupation and Wage Statistics,2019 using Dallas MSA wages atthe 25th Percentile.AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 39DEFINING “AFFORDABLE” HOUSING FOR DENTONFigure 19: Maximum Rent Affordable to Low‐Wage Workers in DentonFigure 20: Maximum Home Price Affordable to Entry‐Level Professionals and City Workers in Denton49
HUD provides extensive data to support local governmentsunderstand their housing needs through their ComprehensiveHousing Affordability Strategy (CHAS) dataset. This data is publishedannually using the existing American Community Survey (ACS) dataand quantifies the housing challenges families and individuals facebased on race/ethnicity, income, tenure, and household size. It isbased on self‐reported survey responses.The assessment uses the HUD CHAS data released in 2019(reflecting data from the 5‐Year American Community Survey, 2012‐2016) to identify key housing challenges among its households, andadopts HUD’s definition of “housing challenges” as a householdthat experiences at least one of the following three conditions:1. The household is “cost burdened,” by housing costs, defined aspaying more than 30% of their income on housing expenses. Ahousehold is “extremely cost burdened” if they pay more than50% of their income on housing.2. The household lives in overcrowded conditions, defined ashaving more than one person per room.3. The household lives in inadequate conditions, defined as lackingbasic kitchen or plumbing facilities.It should be noted that the figures illustrated heredo notestimatethe number of new housing units needed to meet growing demand;these families and individuals already live in the community andhave a housing unit. It does, however, illustrate the needs for moreaffordable housing solutions, the needs for more diverse housingoptions, and increased support for the City’s existing home repairand emergency maintenance programs.GEOGRAPHYThis study analyzes the CHAS data at the Census Tract level. CensusTracts are geographic areas created by the U.S. Census to describe apopulation of approximately 2,000 to 5,000 residents. In mostcities, Census Tracts align with municipal jurisdictions, so that eachcity will be comprised of multiple census tracts within itsboundaries. However, there are several cities like Denton that haveexpanded their boundaries in such a way as to overlap CensusTracts, with some tracts partially within city limits and partially inunincorporated Denton County. To address this issue, the analysisincludes Census Tracts that are completely within city limits (14Census Tracts) and Census Tracts where at least 50% of its area iswithin city limits (13 Census Tracts), totaling 27 Census Tracts.COST BURDENHUD defines housing cost burden as paying more than 30% of pre‐tax household income on housing costs. For renter households, thisincludes asking rent plus any costs associated with necessaryutilities for heat, water and electricity. For homeowners, thisincludes the mortgage payment (if any), property taxes and homeinsurance (but not utilities).HUD also provides another category for “extreme cost burden,”defined as households who pay more than 50% of their pre‐taxincome on housing. These figures illustrate dire affordable housingneeds and indicate the number of households at risk ofhomelessness among households earning less than 30% of AMI.HOUSING CHALLENGES – HUD DATAAdditionally, the data is similar to the CHAS data found in the City’s2020 – 2022 Consolidated Plan for Housing and CommunityDevelopmentbut uses the more recent HUD CHAS data released in2019.AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 40
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AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 41KEY FINDINGS: HOUSING CHALLENGES FOR RENTERS1. Denton renters who earn less than 50% of AMI experience disproportionatelyhigh cost burden, indicating a shortage of housing affordable to this income group.o84% are cost burdened, compared to 77 % for the Dallas region.o60% are severely cost burdened, compared to 48% for the Dallas region.2. Denton renters who earn between 50% and 80% of AMI experience less costburdenthan regional figures.o38% are cost burdened, compared to 43% for the Dallas region.o3% are severely cost burdened, compared to 5% for the Dallas region.3. Non‐family low income renters(typically renters living alone or with roommates)experience the greatest cost burden by numbers (2,338 households) followed bysmall families (1,596 families).4. Non‐family low income renters and senior low income rentersexperience thegreatest cost burden by percentage, with 77% of low income senior renters payingmore than a third of their income on housing (compared to 66% for the Dallasregion) and 73% of low income, non‐family renters paying more than a third oftheir income on housing (compared to 67% for the Dallas region).1. Low income minority householdsdo not appear to experience disproportionatehousing challenges compared to low income white, non‐Hispanic households.2.Nearly 1% of homes in Denton lack basic kitchen facilities and 0.5% lack basicplumbing, which is slightly higher than national or regional figures.3. Approximately 5% of Denton’s householdslive in overcrowded conditions, and1.3% live in severely overcrowded conditions, which is comparable to state figuresbut higher than national average.KEY FINDINGS: HOUSING CHALLENGES FOR ALL HOUSEHOLDS51
1. Denton homeowners who earn less than 50 % of AMI also experience disproportionately high costburden,indicating a potential need for increased assistance for very low income homeowners for homerepairs, maintenance, and utilities.o70% are cost burdened, compared to 64% for the Dallas region.o37% are extremely cost burdened, compared to 39% for the Dallas region.2. Approximately 40% of Denton homeownerswho earn between 50% and 80% of AMI experience costburden; 10% experience severe cost burden. This is comparable to the Dallas region.3. Low income senior homeownersin Denton experience disproportionate cost burden, with 52% payingmore than a third of their income on housing, compared to 46% for the Dallas region.4.Roughly one in five moderate income homeowners (earning between 80% and 100% of AMI) pay morethan a third of their income on housing, but less than 1% pay more than half, indicatinghomeownershipis relatively affordable for middle income earners.AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 42KEY FINDINGS: HOUSING CHALLENGES FOR HOMEOWNERS52
RENTERS WITH COST BURDEN Table 11: Renters with Cost Burden (30%) by Household TypeTable 12: Renters with Cost Burden by Household Type (%) ‐ DentonTable 13: Renters with Cost Burden by Household Type (%) ‐ Dallas MSA Table 16: Renters with Severe Cost Burden by Household Type (%) ‐ Dallas MSATable 15: Renters with Severe Cost Burden by Household Type (%) ‐DentonTable 14: Renters with Severe Cost Burden (50%) by Household TypeHOUSING CHALLENGES – HUD DATARENTERS WITH SEVERE COST BURDEN Source: HUD CHAS 2018Source: HUD CHAS 2018AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 43 Household Type (%) Denton<30% AMI 30% ‐ 50% AMI 50% ‐ 80% AMIElderly Family 100.00% 93.10% 60.00%Small Family 84.10% 84.00% 33.90%Large Family 80.80% 68.70% 23.00%Elderly Non‐Family 85.10% 81.20% 61.50%Non‐Elderly Non‐Family 83.70% 87.90% 37.90%All83.90% 85.10% 37.80% Household Type (%) ‐ Dallas MSA<30% AMI 30% ‐ 50% AMI 50% ‐ 80% AMIElderly Family 69.90% 66.80% 42.60%Small Family 80.90% 77.70% 39.80%Large Family 83.40% 69.20% 28.20%Elderly Non‐Family 67.40% 72.00% 56.50%Non‐Elderly Non‐Family 74.60% 84.50% 47.20%All76.70% 77.50% 42.50% Household Type (#) <30% AMI 30% ‐ 50% AMI 50% ‐ 80% AMIElderly Family 35 10 10Small Family 1,150 333 20Large Family 254 18 10Elderly Non‐Family 534 154 55Non‐Elderly Non‐Family 3,924 749 65All5,897 1,264 160 Household Type (%) ‐ Denton<30% AMI 30% ‐ 50% AMI 50% ‐ 80% AMIElderly Family 100.00% 17.20% 5.00%Small Family 75.70% 22.40% 1.20%Large Family 69.80% 7.40% 1.50%Elderly Non‐Family 74.30% 38.60% 11.10%Non‐Elderly Non‐Family 80.90% 31.10% 2.70%All78.80% 27.50% 2.90% Household Type (%) ‐ Dallas MSA<30% AMI 30% ‐ 50% AMI 50% ‐ 80% AMIElderly Family 55.80% 24.30% 7.10%Small Family 68.00% 25.10% 3.30%Large Family 63.20% 16.90% 1.60%Elderly Non‐Family 50.50% 35.40% 17.70%Non‐Elderly Non‐Family 66.90% 34.60% 5.30%All64.20% 28.10% 5.10% Household Type (#) <30% AMI 30% ‐ 50% AMI 50% ‐ 80% AMIElderly Family 35 54 120Small Family 1,279 1,248 572Large Family 294 167 154Elderly Non‐Family 612 324 304Non‐Elderly Non‐Family 4,058 2,119 899All6,278 3,912 2,049
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OWNERS WITH COST BURDEN Table 17: Owners with Cost Burden by Household TypeTable 18: Owners with Cost Burden by Household Type (%) – DentonTable 19: Owners with Cost Burden by Household Type (%) – Dallas MSATable 22: Owners with Severe Cost Burden by Household Type (%) – Dallas MSATable 21: Owners with Severe Cost Burden by Household Type (%) ‐DentonTable 20: Owners with Severe Cost Burden by Household Type OWNERS WITH SEVERE COST BURDEN AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 44HOUSING CHALLENGES – HUD DATASource: HUD CHAS 2018Source: HUD CHAS 2018 Household Type (#) <30% AMI30% ‐ 50% AMI50% ‐ 80% AMI80% ‐ 100% AMIElderly Family135 100 349 90Small Family373 355 669 239Large Family55 124 149 30Elderly Non‐Family315 270 209 70Non‐Elderly Non‐Family 97 174 115 89All975 1,023 1491 518 Household Type (%) Denton<30% AMI30% ‐ 50% AMI50% ‐ 80% AMI80% ‐ 100% AMIElderly Family93.10% 70.40% 40.90% 18.00%Small Family88.20% 57.80% 49.90% 23.80%Large Family100.00% 53.00% 42.70% 7.60%Elderly Non‐Family 83.10% 62.10% 29.70% 27.50%Non‐Elderly Non‐Family 45.50% 71.30% 35.00% 32.50%All81.98% 62.92% 39.64% 21.88% Household Type (%) ‐ Dallas MSA<30% AMI30% ‐ 50% AMI50% ‐ 80% AMI80% ‐ 100% AMIElderly Family71.00% 46.00% 29.80% 17.40%Small Family76.30% 64.40% 44.40% 23.60%Large Family78.30% 59.10% 29.20% 11.30%Elderly Non‐Family 70.00% 50.50% 33.10% 21.90%Non‐Elderly Non‐Family 69.20% 67.00% 53.90% 34.10%All72.96% 57.40% 38.08% 21.66% Household Type (#) <30% AMI30% ‐ 50% AMI50% ‐ 80% AMI80% ‐ 100% AMIElderly Family110 45 115 20Small Family289 130 125 0Large Family15 50 0 0Elderly Non‐Family155 135 90 0Non‐Elderly Non‐Family 73 75 45 0All642 435 375 20 Household Type (%) ‐ Denton<30% AMI30% ‐ 50% AMI50% ‐ 80% AMI80% ‐ 100% AMIElderly Family75.90% 31.70% 13.50% 4.00%Small Family68.30% 21.20% 9.30% 0.00%Large Family27.30% 21.40% 0.00% 0.00%Elderly Non‐Family 40.90% 31.00% 12.80% 0.00%Non‐Elderly Non‐Family 34.30% 30.70% 13.70% 0.00%All49.34% 27.20% 9.86% 0.80% Household Type (%) ‐ Dallas MSA<30% AMI30% ‐ 50% AMI50% ‐ 80% AMI80% ‐ 100% AMIElderly Family51.80% 20.40% 9.10% 3.80%Small Family61.50% 29.90% 10.60% 2.90%Large Family56.70% 19.20% 4.20% 1.00%Elderly Non‐Family 48.40% 24.60% 10.40% 4.20%Non‐Elderly Non‐Family 59.10% 42.20% 16.70% 4.60%All55.50% 27.26% 10.20% 3.30%
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HOUSING CONDITIONThe analysis includes information on households living in unlivablehousing conditions. The scope of this category is limited to housingunits that lack basic kitchen facilities (stove, sink and refrigerator),basic plumbing facilities (including a toilet and shower), or heat. Itdoes not account for other forms of severe dilapidation. Forexample, it does not account for homes with, leaky roofs, mold, orstructural deterioration that poses health risks. Hence the figuresrepresent only a portion of homes in unlivable conditions. Based onthis data, Denton has a slightly higher percentage of homes that areunlivable, comprising roughly 1% of all housing units.Figure 21: Housing Units in Unlivable ConditionOVERCROWDINGAnother housing challenge that is often overlooked is the issue ofovercrowding. HUD defines overcrowding as a household with moremembers than rooms (excluding bathrooms). There are varyingcircumstances that may lead to overcrowding. For example, a largefamily with a limited income may not be able to afford a single‐family home (to rent or buy), and instead must live in a smallerapartment with family members sleeping in the living room.Another example may be two families living under one roof due tohousing costs. Non‐family households may also fall in this category,particularly in areas with employment opportunities but limitedrental supply. Workers in the construction or agriculture industriesmay rent a bed within an already full house. Additionally, cities likeDenton with large university populations may have overcrowdedunits, with two student adults sharing bedrooms.0.00% 0.50% 1.00% 1.50% 2.00% 2.50%United StatesTexasDallas‐Fort Worth‐Arlington, TX Metro AreaDenton City, TexasHOUSING UNIT CONDITIONSLacking Kitchen FacilitiesLacking Plumbing FacilitiesLacking HeatAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 45HOUSING CHALLENGES – HUD DATA
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RENTERS WITH HOUSING CHALLENGESTable 23: Renters who Experience Housing Challenges by Race/Ethnicity inDentonTable 24: % of Renters who Experience Housing Challenges by Race/EthnicityinDentonTable 25: Percentage Renters who Experience Housing Challenges byRace/Ethnicity in the Dallas RegionSource: HUD CHAS 2018Table 28: Percentage Owners who Experience Housing Challenges by Race/Ethnicity in the Dallas RegionTable 27: % of Owners who Experience Housing Challenges by Race/Ethnicity in DentonTable 26: Owners who Experience Housing Challenges by Race/Ethnicity in DentonOWNERS WITH HOUSING CHALLENGESThe analysis of CHAS data includes a review of households who experience housing challenges by race and ethnicity. Based on this review, there are no disproportionate housing challenges experienced by low income minority households in comparison to white, non‐Hispanic households.AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 46Source: HUD CHAS 2018HOUSING CHALLENGES – HUD DATARace/Ethnicity<30% AMI 30% ‐ 50% AMI 50% ‐ 80% AMIWhite3,529 2,310 1,550Black/African American989515415Asian42416534Other274138105Hispanic, All Races1,195 884 430Race/Ethnicity<30% AMI 30% ‐ 50% AMI 50% ‐ 80% AMIWhite88.90% 90.40% 48.90%Black/African American 86.80% 82.70% 60.90%Asian60.70% 94.30% 33.00%Other86.40% 78.40% 55.30%Hispanic, All Races90.50% 82.80% 34.40%Race/Ethnicity<30% AMI 30% ‐ 50% AMI 50% ‐ 80% AMIWhite79.70% 86.80% 53.90%Black/African American 81.90% 84.00% 46.80%Asian69.20% 84.20% 53.30%Other82.10% 89.50% 51.00%Hispanic, All Races89.30% 83.10% 41.00%Race/Ethnicity<30% AMI 30% ‐ 50% AMI 50% ‐ 80% AMIWhite535780894Black/African American395570Asian60850Other19035Hispanic, All Races350 244 453Race/Ethnicity<30% AMI 30% ‐ 50% AMI 50% ‐ 80% AMIWhite81.30% 68.50% 36.40%Black/African American 73.60% 50.00% 56.00%Asian100.00% 100.00% 62.50%Other100.00% 0.00% 59.30%Hispanic, All Races84.50% 58.90% 52.50%Race/Ethnicity<30% AMI 30% ‐ 50% AMI 50% ‐ 80% AMIWhite73.60% 58.60% 41.10%Black/African American 70.70% 59.50% 48.50%Asian79.60% 69.20% 54.00%Other89.60% 57.60% 49.60%Hispanic, All Races78.00% 65.70% 44.40%
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ANALYSIS BY CENSUS TRACTRenters in nearly every Census Tract within Denton experience costburden due to the cost of housing, including within SoutheastDenton, which is historically a Black and Hispanic neighborhoodwith moderately priced homes. Conversely, homeowners in thisarea have the least cost burden, presumably due to long‐timehomeowners who purchased or acquired the home when the areawaslessexpensive.However,SoutheastDentonisbecomingmoreexpensive based on recent sales transactions, highlighting that thisarea may become unaffordable to current residents. This poses arisk of displacing current renters and limits younger generationsfrom entering the homeownership market in this area withoutadditional assistance.DISPLACEMENT RISKReinvestment Fund’s Displacement Risk Ratio (DRR) identifies areasof concern for involuntary, price‐based displacement. It comparesmedian family income at a fixed start year (adjusted for inflation) tochanges in home sale prices over time, while simultaneouslyaccounting for citywide home price trends. It uses two‐year movingaverages of median home sale prices to increase stability andreduce “noise” at the block group level geography. A block group isa geography established by the Census Bureau made up of severalblocks that generally contains between 600 and 3,000 people; eachcensus tract contains several block groups. Large increases in theDRR are indicative of displacement pressure due to rising prices.Steep declines in the DRR can indicate disinvestment, which carrieswith it a different type of displacement risk if properties comeoffline due to inhabitability or abandonment. While the DRR isbased on home sale prices, our research shows that rent increasesand decreases generally track sales price trends.7The average DRR for block groups in Denton rose steadily between2014‐15 and 2018‐19. Typically, a Displacement Risk Ratio of 3.0 orhigher is associated with acute displacement risk.7Goldstein, Ira with Emily Dowdall andColin Weidig “Understanding Neighborhood Change: An approach to assessing displacement risk among NYC residents,” The Culture and Social Wellbeingin New York City Series, Social Impact of the Arts Project, University of Pennsylvania, 2017.http://bit.ly/2HnRTY6.AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 47HOUSING CHALLENGES – HUD DATA
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2.12.22.72.72.63.03.23.43.50.00.51.01.52.02.53.03.54.02010‐2011 2011‐2012 2012‐2013 2013‐2014 2014‐2015 2015‐2016 2016‐2017 2017‐2018 2018‐2019Citywide DRRAreas showing the highest risk of price‐based displacement in recent yearsareSoutheastDenton, the area east of North Mayhill Road just south of 380, and the neighborhoods betweenthe UNT Discovery Park campus and Locust Street.Southeast Dentonexperienced the greatestincrease in block group ratios over time. With renters comprising 90% of households,SoutheastDentonresidents are particularly at risk of displacement as rents tend to increase more rapidlythan property taxes or sales prices and, unlike owners, renters are not able to tap home equityor refinance to meet rising costs. Paying a higher share of income toward rent also makes itdifficult to save up for a down payment to purchase a home. Data was to some extent able toconfirm local stakeholder perception that prices increases have not beendriven by the arrivalof higher income households, but by investors who are charging higher rentsmorecommensurate with other Denton submarkets. This may lead to more doubling‐up andcrowding, and ultimately some displacement of households to more distressed andeconomically isolated markets.DENTON AVERAGE DISPLACEMENT RISK RATIOFigure 22: Displacement Risk Ratio (Reinvestment Fund Analysis)AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 48
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Figure 23: Displacement Risk Ratio 2018‐19DENTON AVERAGE DISPLACEMENT RISK RATIOWhile Lakeview Boulevard is one ofthe higher‐priced neighborhoods intheCity,Therearemobilehomecommunities in the general area,which affect displacement data.AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 49
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Nationally, the homeownership rate for Black families today is less than when the Fair Housing Act was signed into legislation in 1968. Many cities and banks prioritize first‐time homebuyer programs to increase homeownership within low income minority communities. The Fair Housing Act of 1968 (and as amended) made it illegal for housing providers (mortgage lenders, landlords, and governments) todiscriminate against a person or family based on their race, color, religion, sex, disability, familial status or national origin. Over time, the lawsgoverning the Fair Housing Act have been further defined around a) the intent of the action and b) the impact of the action, regardless of intent(aka “disparate impact”). For example, it is illegal for a landlord to refuse renting to a family with children or not allowing a service dog for aperson with disabilities; for a city to enact zoning that restricts affordable rental housing; or for developers to build a condo building that is notaccessible to persons with disabilities.As the program evolved, housing policy experts noticed how market activity and government regulations could substantially and unknowinglyharm protected classes. HUD has since promoted its grantees to enact policies that can mitigate these impacts to “further” fair housing. Localand state governments are encouraged to enact programs that counterbalance these trends.SUMMARY OF CURRENT ANALYSIS OF IMPEDIMENTSIn Denton’s Analysis of Impediments to Fair Housing (AI) completed in May 2020, the city described eight key challenges affecting the NorthTexas region:1. Communities are increasingly segregated along racial and economic lines, particularly in rural vs. urban areas.2. There are neighborhoods with a high concentration of Black and Latino families in poverty.3. Public and subsidized housing is concentrated within specific neighborhoods, exacerbating the concentration of poverty.4. Housing prices are increasing rapidly, making the area unaffordable tomany low‐income households, including persons with disabilities andsingle parents.5. Low income residents have less access to employment opportunities due to the lack of public transit.6. Many landlords discriminate against renters who have rent subsidies like housing choice vouchers.7. Neighborhoods that have a concentration of poverty are often overlookedforinvestment,furthering neighborhood decline.8. There is a lack of integrated, supported, affordable housing for persons with disabilities.FAIR HOUSINGAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 50
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To address these challenges, the City of Denton has adoptedSIX GOALSas part of their Fair Housing Plan:1. Increase access to affordable housing in high‐opportunity areas2. Increase supply of affordable housing units3. Increase supply of accessible, affordable housing for persons with disabilities4. Make investments in targeted neighborhoods to improve access to opportunity5. Increase access to information and resources on fair and affordable housing6. Increase supports and services for residents with housing assistanceOTHER FAIR HOUSING ISSUESEDUCATION– Participants in stakeholder interviews noted low incomerenters and the city’s landlords need more education around fair housinglaws at the federal, state and local level, and what the processes are for filingcomplaints against fair housing violations.CONCENTRATIONS OF LOW INCOME HOUSEHOLDS AND PEOPLE OF COLOR– Participants in stakeholder interviews noted neighborhood segregationbyrace and income, citing the area with the greatest sign of distress, includinghigh poverty, blight and crime, is on “the other side of the tracks,” referringto the historically Black and Latino neighborhood in southeastern Denton.INCREASED RISK OF DISPLACEMENT– This same neighborhood insoutheastern Denton is categorized as one of the areas experiencing thegreatest increase in home prices. This area has historically been thecommunity where lower‐income Black and Latino families could purchase anaffordable home. Recent trends indicate that price changes may lead todisplacement of current residents.FAIR HOUSINGAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 51
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The greatest need is for housing available to the homeless population and affordable housing for those at risk of homelessness.Using HUD’s definition, a person is homeless if they live in a place not intended for human habitation, are living in an emergency shelter ortransitional housing, or are leaving an institution where they temporarily resided. HUD provides funds for homeless supportive housing servicesthrough its Continuum of Care (CoC) networks. The City of Denton, is the Balance of State regional CoC, and partners with the United Way, theDenton Homeless Leadership Team and other advocates in organization and operating a Housing Crisis Response System including using data togauge the progress toward preventing and ending homelessness.PIT COUNT‐ The PIT Count, used by CoCs across the country, is a standard survey where volunteers work with homeless organizations to countthe number of homeless at any given time, and survey willing participants to gain a better understanding of the circumstances which lead tohomelessness and who is most at risk. Denton augments the PIT with a more sophisticateddata dashboardthat documents the community’shousing needs on a monthly basis. According to the 2020 PIT survey, we find the following demographic characteristics:Source: 2020 Denton County Homeless Data Report, June 2020AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 5269% are male and 31% arefemale4.3% are between 18 and 24years old18.4% are Black (compared to9.3% of the population)85.7% of people surveyed thatreported living with a seriousmental illness were also livingunsheltered at the time of thePIT Count.PEOPLE EXPERIENCING HOMELESSNESS62
AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 53According to stakeholder interviews among homeless advocates in the Denton community, the greatest needs foraddressing homelessness are:1. More permanent supportive housing options, including more cost‐effective and innovative solutions like “villagecommunities” that provide housing, child services, and wraparound supportive services.2. Emergency and Transitional housing with supportive services for high risk individuals and families, including victims ofdomestic violence and human trafficking.3. For individuals who access permanent supportive housing, there is a need for wraparound services to provide toolsneeded to succeed such as mental health and substance abuse treatment, transportation, life coaching, workforcetraining, and counseling.4. Eviction Prevention programs that keep people in their home and prevent homeless from ever occurring.The2020 PIT Count survey alsoincluded a series of questionsregarding each participants’ livingsituation and history to betterunderstand the triggers ofhomelessness. Survey respondentscited unemployment and inabilityto afford rent as the number oneand two reasons for their lack ofpermanent housing, at 53%.Indeed, the lack of employmentopportunities and/or the ability towork for certain segments of thepopulation means long‐termhousing instability orhomelessness.PEOPLE EXPERIENCING HOMELESSNESS63
AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 54COVID‐19 AND AT‐RISK POPULATION– For Denton renters and homeowners reported in earlier section who are costburdened, severely cost burdened or living in overcrowded conditions, the pandemic and resulting economic impactsput these households at even greater risk of housing instability. As a resultoftheeconomicdownturnevenpreviouslystable households are now facing housing insecurity. The number of households at risk of eviction continues togrowing increasing a households at risk of homelessness. Short‐term eviction prevention assistance programs inDenton help many households maintain stable housing. Long‐term affordable housing interventions that reduce cost‐burdens and ownercowding will help low‐income households maintain stability and be better able to withstand afuture financial crisis.AT RISK OF HOMELESSNESS‐ Those who are unable towork due to age and/or disability are provided with supportthrough the Social Security Administration. TheSupplemental Security Benefit (SSI) amount for anindividual in 2020 is $783 per month to cover basic housingand living expenses (with benefits also provided for foodand health care). Since the market rate price for a one‐bedroom is $1,093 and rent for a subsidized unit fundedthrough the HTC Program is $970, a person receiving SSI isat high risk of homelessness. Although we do not have dataon how many of Denton’s homeless receive SSI benefits,survey results indicate that 20.6% of respondents had ahistory of hospitalization for mental health and another10% cited long‐term hospitalization for physical healthneeds.PEOPLE AT RISK OF HOMELESSNESSA targeted approach to assisting those at risk of homelessness, includingeviction prevention programs , legal assistance, and supportive housingfor individuals moving out of institutions without permanent housing options. This includes youth leaving foster care system, the formerlyincarcerated, and persons transitioning out of long‐term hospitalization, addiction treatment or mental health institutions.
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For this housing needs assessment, Atria Planning developed a five‐year housing demand model (2021 to 2026) to estimate the projected needfor new housing units. This short‐term model provides details based on current demographics, and categorizes future unit needs by tenure(rental units and ownership); bedroom size; and income targets. Additionally, the study includes a summary demand estimate through 2040using long‐term population projections by county. The long‐term estimates are less detailed, estimating the demand for homeownership andrental units between 2026 and 2040, but excluding unit sizes and income categories. Because these metrics arestrongly influenced by economicchanges and migration patterns, long‐term forecasts are less reliable when describing type and pricing of units.The housing demand model combines a variety of data to develop its estimates. This includes household growth trends; income level; householdtypes; tenure; and household sizes. From this data, the model develops an estimate for the number of new units (owner or renter) that Dentonwill need to accommodate growth over the next five years.Based on these estimates, there is a demand for an additional 4,100 to 4,479rental housing units, and 3,659 and 5,015 homes for ownershipbetween 2021 and 2026. This includes an estimated 608 new units per year selling for <$200,000 or renting for less than $900/month.The estimated demand for new housing units differs from housing challenges illustrated earlier in the report, which addressed existinghouseholds who cannot afford decent housing, are living in overcrowded conditions, or lack basic kitchen or plumbing facilities. These figuresestimate the number of new units that are needed to accommodate new households – households anticipated to move into the city, andhouseholds that form from the existing population (i.e. one household that transitions into two households). The figures also include an estimateof housing units needed to address the homeless population and a portion ofexisting low‐income renters that may become homeowners.The housing demand model illustrates the forecasted growth of the city andis intended to assist city leadership and its partners on how toaccommodate growth in a sustainable manner. We can assume that housing needs will largely be met by real estate development within theprivate market, except in cases where development costs, land use, and the“status quo” of existing building models cannot address the lowerprice tiers. As described earlier, the private market is currently not building homes priced below $200,000 per unit, or rental units priced below$900 per month, without additional subsidy or partnership. Therefore, these lower tiers should be the focus of the city and its public and privatepartners to ensure there is adequate housing for sustainable, balanced growth that can accommodate a growing community and economy.HOUSING DEMAND ESTIMATESAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 55
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METHODOLOGYThere are a variety of moving parts within any given housingmarket that will affect the demand for housing, somepredictable and some not. We can categorize these movingparts into two buckets. First, there are the known factors,essentially information that can be reasonably gathered andassessed based on current conditions. This includes housingunit counts, housing prices, vacancy rates, property condition,market rents and other general housing supply statistics. Mostof this information is readily available through the U.S. Census,HUD, and real estate experts.Additionally, there are the unknown factors, generally referringto the things that will happen in the future that can beprojected or forecasted using known information. This includeshousehold growth over time, future construction, the incomedistribution and family size of future households, etc. While wecannot state definitively what this will look like, in “normal”times we can make reasonable assumptions based on pasttrends and expected future investment. The COVID‐19pandemic continues to create substantial uncertainty over allaspects of American life. Social distancing practices have led tomassive layoffs, and while the economy is currently braced bytemporary federal subsidies to avoid economic fallout; thelong‐term consequences of the pandemic are yet unknown.In order to create an estimate of demand, we rely on pre‐March 2020 population forecasts and building estimates, withthe caveat that these figures may drastically change dependingon long‐term changes that result from COVID‐19.The following are key indicators and assumptions used to develop themodel:TOTAL UNITS AND VACANCY RATES(for both owned homes and rentalhomes) – to determine if there is currently too much or too littlehousing. We incorporate the natural vacancy rate into the analysis, orwhat we like to call the appropriate “wiggle room” for a market to bestable. This means having enough housing stock available so that whenpeople want to move, they have a reasonable supply to pick from, butnot so much that units stay vacant for long periods of time and causeowners to drop prices. When there isn’t enough wiggle room, pricesusually inflate given the heightened competition. Alternatively, if thevacancy rate exceeds what is typical for the market, prices tend todrop. For purposes of this study, we assume the national vacancyrates, which is 6.8% for rentals and 2% for homeownership. Demand isadjusted up or down to reach this balance.HOUSEHOLD GROWTH RATES(brokendownbyrenterandowner)–this is used to estimate how many units will be needed over a five‐yearperiod. This study assumes all new households will require a housingunit.AFFORDABILITY RANGES AND TENURE– future households areclassified by tenure (renter and owner) and income bracket todetermine the price point and type of unit in demand.UNIT SIZE– to estimate the unit sizes needed for future housingdemand, the model uses household type within the HUD CHAS data asa guide, and assumes non‐family households are typically individuals;small families are couples with zero to 2 children; and large familiesare parents with more than two children.AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 56HOUSING DEMAND ESTIMATES66
INCOME, SIZE AND TENURE (2021– 2026)The model divides housing demand into three income categories: Very Low Income, Workforce Housing, and Market Rate. This includes ademand model for a) Very Low Income (<50% AMI); b) Workforce (50% ‐ 80% AMI) and c) Market Rate (>80% AMI). The purpose of thesecategories is to assist housing developers and the City determine which programs are most effective within these income tiers. For example, theLow Income Housing Tax Credit Program generally targets households earning between 50% and 60% AMI, whereas the Housing Choice VoucherProgram caters more to households earning less than 50% AMI. By providing demand by income brackets, housing providers will have a clearidea of price points for new homes, and what public funds, if any, would be needed to offset construction costs.The income categories translate into the following affordability ranges:The demand for new units within the Very Low Income category assumes the useof subsidy programs for deep affordability, particularly housingvouchers and permanent supportive housing units for rental units, and non‐profit developers like Habitat for Humanity for homeownership. Thedemand model also includes 121 units (mostly studios) to accommodate the estimated homeless population in Denton.The demand model for homeownership also includes a portion (5%) of low income families (small families and large families) who currently renttransitioning into homeownership.The model is categorized by moderate and high growth scenarios using varying capture rates that illustrate historic patterns or predicted patternsindicated by ESRI BAO forecasts. The moderate growth scenario for rental housing uses ESRI BAO figures for the share of new units in the countythat will be within city limits (22%). The high growth scenario for rental housing assumes that future growth will resemble the distribution ofcounty‐wide rental housing located within the city (25%). The capture rate used for moderate homeownership growth uses the share of singlefamily building permits issued in the county in 2019 that were located within city limits (12%). For high homeownership growth, the modeladopts ESRI BAO estimates for the share of county‐wide homeownership growth located in the city over the next five years.AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 57HOUSING DEMAND ESTIMATESTable 29: Affordability Range by income categoryAffordable RangeRent 1 BRRent 3 BRHomeownershipVery Low Income$400 ‐ $750$600 ‐ $1,000$60,000 ‐ $150,000Workforce$750 ‐ $1,200$1,000 ‐ $1,600 $150,000 ‐ $240,000Market RateAbove $1,200Above $1,600Above $240,00067
Table 30: Estimated Rental Housing Demand in Denton, 2021‐2026(Moderate Growth Scenario)Table 31: Estimated Rental Housing Demand in Denton, 2021 – 2026(High Growth Scenario)Table 32: Estimated Demand for HomeownerUnits in Denton, 2021 – 2026(Moderate Growth Scenario)Table 33: Estimated Demand for HomeownerUnits in Denton, 2021 – 2026(High Growth Scenario)To estimate housing demand beyond 2026, the model incorporates the forecasts produced by the Texas Demographic Center PopulationEstimates and Projections Program, which provides population projections by county. The analysis assumes average household size using 2020figures, and that future development will resemble the current share of homes located in the city compared to the county.Based on these data, Denton may support an additional 20,838 rental units and 45,523 homes for ownership between 2025 and 2040.Table 34: Estimated HousingDemand in the City of Denton, 2025 ‐ 2040AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 58HOUSING DEMAND ESTIMATES Unit SizeVery Low IncomeWorkforce HousingMarket Rate Rental HousingTotalStudio 137 83 110 3301 BR 197 539 878 1,6142 BR 154 430 855 1,4393 BR 59 187 327 5734 BR 15 65 64 144Total 562 1,304 2,234 4,100 Unit SizeVery Low IncomeWorkforce HousingMarket Rate Rental HousingTotalStudio 140 91 120 3511 BR 215 591 962 1,7682 BR 167 471 936 1,5743 BR 65 205 358 6284 BR 17 71 70 158Total 604 1,429 2,446 4,479 Unit SizeVery Low IncomeWorkforce HousingMarket Rate Rental HousingTotal1 BR 201660962 BR 1001065307363 BR 1291631,4311,7234 BR 861189021,106Total 3354032,9233,661 Unit SizeVery Low IncomeWorkforce HousingMarket Rate Rental HousingTotal1 BR 2722821312 BR 1361457271,0083 BR 1772231,9612,3614 BR 1181611,2361,515Total 4585514,0065,015Estimated Units2025 ‐20302030‐2040TOTALRenters2,88017,95720,838Owners5,76139,76345,523Total8,64157,72066,36168
The City of Denton, like most cities across the U.S., will see a rise inthe number of older adults (65 years and older) over the next twodecades, both in terms of numbers and the share of the overallpopulation. This is attributed to the Baby Boomer generation aginginto retirement years. Those born between 1946 and 1964represent the largest generation in recorded U.S. history, currently73 million people. By 2030, all Baby Boomers will be over 65 yearsold. Additionally, members of the “Silent Generation,” or those bornbetween 1928 and 1945, have a longer expected lifespan than ageneration prior.According to a study published by AARP, older adults (persons olderthan 65 years old) are more likely to:Live on fixed incomesNot driveLive aloneLive with a condition that impairs mobilityOwn their homeThese indicators suggest a unique set of needs for older adults,including a need for home repair programs, transportationassistance, home retrofitting to accommodate mobility challenges,and access to social programs. And while seniors are more likely toown their homes, low income seniors are more likely to need rentalassistance, indicating an increasing need for affordable senior rentalunits.Based on state population projections,anadditional 9,280 senior households are estimatedin Denton by 2040.18.5%81.5%2040This represents a substantial demand for senior housing of allvarieties, including multi‐family rental apartments, assisted living,nursing homes, and aging‐in‐place services for those residentswho can remain in their current homes.Table 35: Estimated Increase in Senior Households in Denton (2020 – 2040)HOUSING NEEDS OF OLDER ADULTSMany of these households currently live in Denton and will age intotheir older years. A percentage of these households will requiremodifications to their existing homes or will need to move into amore a more supportive environment to accommodate changingneeds.11.0%89.0%202065 and olderUnder 65AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 59Figure 24: Estimated Share of Households who are Older than 65 Years Old in Denton Growth2020‐2025 2025‐2030 2030‐2040Estimated Senior Household Growth3,676 5,604 6,819Estimated Household Growth 8,908 11,141 26,016Percentage of Households with Senior Householder41.30% 50.30% 26.20%
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HOUSING CHALLENGES FOR SENIORSAccording to HUD CHAS data, Denton has 798 low income senior renters and 650low income senior homeowners who areextremely costburdened, paying more than half of their income on housing. Among renters, the greatest need is among Extremely Low Income renters (earningless than 30% of AMI) living alone. Among owners, the need includes individuals and families earning less than 80% of AMI.Table 36: Low Income Senior Renters with Severe Cost Burden(paying more than 50% of their income on housing)Source: HUD CHAS 2018Table 37: LowIncome SeniorHomeownerswith Severe Cost Burden(paying more than 50% of their income on housing)Source: HUD CHAS 2018HOUSING NEEDS OF OLDER ADULTSAGINGINPLACENearly all adults over the age of 65 (92% ‐ 95%) wish to remain in their homes for as long as possible.iiPlanners and housing advocates now usethe term “aging in place” to refer to programs and services that allow olderresidents to live independently in a home they own or rent for aslong as possible. This is accomplished through a combination of home retrofitting, where homes are modified to meet the needs of older adultswith mobility and accessibility issues, and supportive services that mayinclude transportation to doctor’s appointments, meal delivery services,assistance with housekeeping, and other day‐to‐day services.These programs are becoming more important as we live longer lives. Through our older years, from 65 and onward, we have a range of housingneeds than can potentially span another 20 to 30 years. From a financial andquality of life perspective, programs that allow older adults toremain in their homes and within their communities for as long as feasibly possible is ideal. According to a study sponsored by HUD,nursinghomes cost three times more, on average, than living at home combined with non‐institutional long‐term care services.iiiAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 60Household /AMI <30% 30% ‐ 50% 50% ‐ 80%TotalSenior Families 35 10 1055Senior Individuals 534 154 55743Total 569 164 65 798Household /AMI <30% 30% ‐ 50% 50% ‐ 80%TotalSenior Families 110 45 115270Senior Individuals 155 135 90380Total265 180 205 650
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Yet most senior homeowners live in homesthat are three bedrooms or larger and arenot well‐connected to services by publictransit. This raises the question – is theircurrenthometherighthometoageinplace?These are personal decisions each personmakes based on their finances, families andother relationships, and the specifics of thehome they currently live in. For example, itmaybemoreexpensivetodownsizeforsome homeowners if it means finding asmaller home in a more centrally locatedarea.Regardless, aging in place programs apply tothe person who chooses to remain in theirhome and the household who chooses tomovetoamoresuitablehomelateinlife,with the hope that this is their final home. Ingeneral, most agree that aging in placeshould include a home that is affordable andphysically accessible; access to reliabletransportation; and the ability to socializewith others in a community environment.HOUSING NEEDS OF OLDER ADULTSTable 38: Housing and Assistance Programs for Older AdultsAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 61Home Equity Mortgage Conversion Program (HECM)Federal Housing Administration (FHA) provides a reversemortgage programfor adults over 65 years old to help pay for living expenses using equity intheir owned homes. Homeowners apply through participating lenders andcan be assigned a HUD housing counselor to guide the process. https://www.hud.gov/program_offices/housing/sfh/hecm/hecmhome Low Income Home Energy Assistance Program (LIHEAP)Afederal program that assists lowincomehouseholds pay for utility billsandincrease energy efficiency in their homes. Funds are allocated by HUD to adesignated regional LIHEAP service provider, who often will prioritize fundsto seniors. The program is currently operated by Interfaith Ministries, whoalso offers financial assistance for emergency rent, medical bills, and otherunforeseen expenses. https://www.needhelppayingbills.com/html/lheap_assistance.html Section 202 ProgramThe Section 202 Program, administered by HUD, provides funding to non‐profit organizations to build and maintain affordable rental housing forseniors earning less than 50% of AMI. Funds areused fornew construction,rehabilitation, maintenance costs and rent subsidies. HOME ProgramThe City of Denton offers HOME funds fora grant and/or loan program thatcan assist low income seniors make necessary repairs to their homes. LIHTC ProgramTheLIHTC Program, administered through theTexas Department of Housingand Community Affairs, may prioritize projects that construct new rentalhousing or substantially rehabilitate existing rental housing for low incomeseniors.Denton Housing AuthorityHousing authorities may prioritize Housing Choice Vouchers (HCVs), whichare rent subsidies for low income households, to low income seniors.Additionally, housing authorities may own and operate public housing orother affordable housing specific to low income seniors. 71
HOME REPAIRSThere are 650 low income senior homeowners in Denton who paymore than 30% of their income on housing, and presumably will beunable to afford making any necessary repairs to their homes, ormake modifications to their homes so that they may age in place.The city provides funding to assist low income homeowners repairtheir homes, with priority given to seniors and persons withdisabilities.AFFORDABLE SENIOR RENTAL HOUSINGThe HUD Section 202 Program and the LIHTC Program are the twomain funding sources for rental housing construction that serve lowincome seniors. Denton currently has three senior rental propertiestotaling 175 units, with two managed by the Denton HousingAuthority. There is demand for additional affordable senior units,with vacancy rates extremely low at 2%.Table 39: Affordable Senior Rental Housing in Denton, TXACCESSIBILITYAs we age into our later years, minor changes to our health andcapabilities can have a tremendous impact on our quality of life. Aknee or hip replacement, for example, will make it challenging toclimb stairs, while not being able to drive will make doctor’sappointments, grocery shopping, and other basic day‐to‐dayactivities impossible without assistance or access to a good publictransportation network. In suburban America, these slight changesin lifestyle have an even greater impact, where publictransportation, complete sidewalks with road crossings, andneighborhood retail services are limited.To accommodate older residents who need general day‐to‐dayassistance, the North Central Texas Aging and Disability ResourceCenter (NCTADRC) of Denton County provides housing referral andrelated services. The NCTADRC is an interagency collaboration ofsupportive service providers and community stakeholders thatprovides:• In‐home services• Home‐delivered meals•Long‐termcare• Referral service to other agencies• Transportation services• Emergency servicesHOUSING NEEDS OF OLDER ADULTSAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 62Apartment Name Program UnitsVacancy RateHeritage Oaks ApartmentsDenton Housing Authority 110 4%FairoaksSection 20241 0%Pecan PlaceDenton Housing Authority 24 0%TOTAL175 1%
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in addition to housing and transit access, aging adults are increasingly in need of supportive services. Based on stakeholder feedback and recentstudies on senior quality of life metrics these are related to:Counseling and legal assistance– to mitigate against predatory lending, probate assistance, and tenant protectionsSocial programs– to maintain an active social life and improve emotional well‐beingExercise programs– to maintain a healthy and active lifestyle after retirement and mitigateagainst age‐related disabilityTransportation assistance– to access medical care and participate in social programs if and when theycan no longer driveQUALITY OF LIFE MEASURESAmericans are living longer now than in past generations, and their needs extend beyond housing. For example, in the City of Denton, one out offive adults over the age of 65 is working, and senior housing that is accessible to public transit or job centers is increasingly important.8HOUSING NEEDS OF OLDER ADULTS8ESRI Business Analyst Online 2020Table 40: Denton County Labor Force by Age Group, 2020Source: ESRI BAOAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 63Age GroupPopulation Employed UnemployedUnemployment RateLabor Force Participation RateEmployment‐Population Ratio16+120,018 67,268 7,533 10.10% 62.30% 56.00%16‐2433,871 15,053 3,035 16.80% 53.40% 44.40%25‐5456,438 41,728 3,578 7.90% 80.30% 73.90%55‐6412,964 7,556 669 8.10% 63.40% 58.30%65+16,745 2,932 250 7.90% 19.00% 17.50%
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The City of Denton is renowned as a “college town,” where roughly 54,000 residents are college students. Its two stateuniversities – University of North Texas, with an estimated 39,000 students, and Texas Women’s University, with a studentbody population of 15,000 residents – are both located a mile from the downtown area. The concentration of college‐agestudents helped to create Denton’s vibrant downtown area renowned for itsrestaurants, bars and entertainment venues.The economic crisis of 2020 followingthe coronavirus pandemic will have an impact on Denton’s economy due to decliningenrollment figures, and the resulting loss of revenue with a smaller college‐age population. College students comprise anestimated three‐fourths of all renter households in Dentonv, and the majority live in off‐campus housing. There are anestimated 9,000 beds of on‐campus housing and approximately 40,000 students living in off‐campus housing, including 20large apartment developments specifically for college students. American Campus Communities, one of the major nationaldevelopers of campus housing, indicates a modest decline in pre‐leases for 2020vI. However, this does not account forstudents who do not return to campus and how that relates to future revenue.It is too early to tell what the impact will beat the time of this report (August 2020), but current data indicate 20% fewer college students in the 2020‐2021 academicyear.Indeed, upon reviewing current concessions at campus housing, developments are offering large concession packages toattract student renters rather than large rent reductions. Midtown 905, for example, is offering two months of free rent,waiving general fees, offering free parking, and nominally reduced rent from $600 to $574 for a room within its four‐bedroom model.While the decline in the student population will have a negative impact on employment figures within the Food Service andEntertainment industries, and create an oversupply of off‐campus housing, it may also increase affordable rental housingsupply for the local workforce. Based on stakeholder interviews, many college students opt out of campus housing and lookfor rental housing within the general Denton rental market. This increases the competition for rental housing, particularlyrental housing for families, and raises market rents as a result. As one local expert described – students are paying per roomwhat ends up being $1,600 for a two‐bedroom unit or $2,500 for a four‐bedroom unit within campus housing; they can findcheaper housing in the Denton rental market outside of student housing.IMPACT OF UNIVERSITIES ON HOUSINGAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 64
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Market Value Analysis (MVA) 75
MARKET VALUE ANALYSIS (MVA) FINDINGSThe MVA is conducted at the Census block group level; these areas,which are smaller than a Census tract, are small enough to capturemarket differences within neighborhood boundaries but also bigenough for statistically reliable results. A type of analysis, calledcluster analysis, is used to sort block groups into distinct categories(clusters). The goal is that the block groups in each category aresimilar to one another and that each category is notably differentfrom all the others. For example, the average sale price for blockgroups that fall into Dentons’s Cluster “A” is $402,684 while blockgroups in Cluster “G” average less than $140,000. Even thoughblock groups in Clusters “B” and “C” have relatively comparable saleprices, they are very different when it comes to the presence ofnew development and share of the market that is residential use.Similarly, there is little contrast in “E” and “F” market average saleprices but there is divergence in homeownership rates and thepresence of subsidized renters.Reinvestment Fund typically works with an MVA StakeholderAdvisory Group throughout the study process to provide localexpertise. In Denton, the Advisory Group members reviewed theunderlying data and the preliminary results. This allowed forstakeholders to be involved throughout the process as they thoughtabout the housing tools and programs currently in place and thepotential to match investment more precisely to market conditionsin the future. Due to COVID‐19 travel restrictions preventing theReinvestment Fund team from conducting on‐the‐groundobservation as originally planned, City staff validated the underlyingdata and the MVA categories by driving through selected areas ofthe city to make sure that the analysis matched actual conditions.ABOUT THE DENTON MVA DATATo perform an MVA, Reinvestment Fund collects and analyzes datathat uniquely define the local real estate market and sub‐markets.Data indicators must measureValue and Investment,Distress andVacancy, and generalHousing Characteristics.viiTable 41: 2020 Denton MVA IndicatorsMARKET VALUE ANALYSISAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 66
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The MVA identified seven distinct market types in Denton. Price was a majorelement distinguishing the two clusters at the strongest and mostdistressed ends of the market (shown in purple and orange, respectively),as well as the cluster that fell in the middle (green). There were twostrong/middle (blue) and two middle/distressed, ortransitional(yellow), market categories in which differences where more nuanced. Table 33shows the average values for all MVA data inputs for each market category. Table 34 details additional average demographic and marketcharacteristics for each cluster.Table 42: Average Values for Denton MVA Model InputsDENTON’S MARKET TYPESAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 67
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Table 43: Average Characteristics of Denton MarketDENTON’S MARKET TYPESAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 68
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Table 44: Summary of Market DemographicsDENTON’S MARKET TYPESAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 69
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Figure 23: 2020 Denton MVA AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 70
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Strong Markets (A)Denton’s five A block groups are the city’s strongest markets, commandingthe highest sale prices for residential properties. They also have thehighest homeownerships rates in the city, at just over 90%. They are relatively active in new construction and alteration, though do not have thecity’s highest average rate of either. A Markets have the lowest rates of housing distress (code violations, vacancy, and foreclosure). A Marketshave the lowest share of residential uses by parcel area (25%). These markets were home to 16,723 residents, comprising 11% of city populationand 13% of households. (See Table 34). These A markets have the highest share of homes built since 2000 (51%). (See Table 35).AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 71
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Homes in B and C Markets are notably less expensive than in the A Markets (about 44% lower), but sale values are above the city average. Thereare low rates of violations and vacancy, but the foreclosures rates are just above Denton’s average. About 12,000 residents live in B markets and5,000 in C markets, totaling 11% of Denton’s population.B Markets are the most heavily residential clusters with about 85% of parcel land area dedicated to homes— more than double the sharecitywide. Compared to city averages, B markets have a relatively high percentage of parcels with alteration permits (2.9%), demonstratingcontinued investment in what is some of the oldest housing stock in the city(55% pre‐1980 construction). These markets have a lower share ofparcels with new construction permits (1.6%) and a relatively small shareof homes that were built post‐2000 (18%). Three‐quarters ofhouseholds own their homes.The C markets stand out as areas with major concentrations of new construction activity, with a permit associated with nearly 30% of residentialparcels. This is roughly 5 times the rate in the next highest market category on this measure (A Markets). Alteration activity was slightly higherthan average. C markets had the least variance in sale prices in the city, reflecting the presence of several large‐scale developments with fairlyuniform home models. At 80%, the average homeownership rate was second onlytoAmarkets.Thepercentageoflandthatisresidential(43%)is close to the city average. C Markets have the highest share of homes builtduring the 1980s and 1990s.Strong/Middle Markets (B, C)AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 72
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Denton’sDMarketsarefairlytypicalofmiddlemarketsinmanycitiesand counties: sale prices are close to average, there is moderately highhomeownership (72% compared to 55% average), low distress, andsteady investment activity. More than a third of city residents (37%,about55,000people)liveinDMarkets,thelargestshareofanymarket cluster. D markets have the highest share of reinvestment inexisting properties. The characteristics of D markets indicate ongoingstability. The share of parcel area designated for residential use (26%)is similar to A markets. Most homes were built in 1980 or laterTable 45: Housing AgeDenton’s E and F markets have below average sales prices, but withrelatively high variation in those prices within block groups.Table 46: Single‐Family Investor PropertiesAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 73Middle Markets (D)Transitional Markets (E, F)The five E block groups, which are clustered in Southeast Denton, are home to 9% of city residents.These are predominately renter markets (the ownership rate is 17%), and 36% of all rental units aresubsidized, the highest share of any market. There is modest investment activity in E markets butelevated rates of distress – code violations, vacancy, and foreclosure. Afairly large share of homes,43%, were built after 2000, while just over a third date to before 1980. Investors own 28% of singlefamily homes in E markets.The 19 F markets are heavily residential (61% of total parcel area) and majority renter (63%). They arehome to 20% of city residents. These markets are just above average in the presence of subsidizedrenters, violations, vacancy, and foreclosures. F markets have the highest share of homes built before1980 and the lowest share built since 2000, but higher than average alteration permit activity mayindicate nascent market strength.
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The G markets represent the most stressed block groups in Denton. The median sales price ($138,808) is the lowest in the city, but home salesprice varies widely within the same block groups. While the share of households that rent in G markets is the highest of any market type in thecity (90%), only about 1% of these renters are subsided, well below the cityaverage. Indications of distress include higher violation and vacancyrates.Foreclosureratesarenotablylow,likelyduetothelownumberofhomeowners overall; close to 40% of single‐family homes in G marketsare owned by investors. (See Table 36). These markets are home to 12% of Denton residents.AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 74Distressed Markets (G)84
DEFINING AREAS OF OPPORTUNITYHigh Opportunity Areas (HOA) offer access tocritical amenities for upward economicmobility and overall family success andwellbeing. There are multiple definitions ofwhat specific characteristics and amenitiesmight constitute Areas of Opportunity. TheCity of Denton’s draft Assessment of FairHousing, completed in 2018, noted that tolocal participants, high opportunity areasinclude access to the potential for betterjobs, schools, neighborhoods, healthcare,good roads, transit, and grocery stores.9A key challenge in access to HOAs for familiesseeking to improve their material wellbeing isthe expense of housing; because these areashave so many desirable attributes, residentswith higher incomes bid up the cost ofhomes.9As described in the 2020 City of Denton Fair Housing Plan and Analysis of Impediments: https://www.cityofdenton.com/CoD/media/City‐of‐Denton/Government/Community Development/Fair‐Housing‐Plan‐and‐AI.pdfFigure 25: Block Groups where the median housing cost is unaffordable to households earning 50% of AMIAFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 75HOUSING NEEDS – AREAS OF OPPORTUNITYMETHODOLOGYThe MVA can be applied in the identification of HOAs for Denton. Currently,the median housing cost in all but a handful of block groups in themost distressed (G) markets is unaffordable to households earning 50%of AMI or less. (See Figure 25).Drawing on the somewhat more restrictive threshold The Texas Department of Housing and Community Affairs considers for opportunity indexpoints, this report also further removes areas with poverty rates of greater than 20% from consideration for HOA. (See Figure 26).
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10https://www.tdhca.state.tx.us/multifamily/docs/20‐DRAFT‐QAP‐ch11.pdfThe Texas Department of Housing and CommunityAffairs10considers the following factors in itsOpportunity Index to identify HOA for purposes ofallocating points for proposed tax creditdevelopment in its Qualified Allocation Plan:Povertyrateoflessthanthegreaterof20%orthemedian poverty rate for the region, and a medianhousehold income rate in the two highestquartiles in the uniform service region.Povertyrateoflessthanthegreaterof20%orthemedian poverty rate for the region, with a medianhousehold income in the third quartile within theregion and is contiguous to a census tract in thefirst or second quartile, without physical barriers(highways or rivers) between.Sidewalks for pedestrians with smooth hardsurfaces, curb ramps, and marked crossings.Access to public parks with a playground ormultiuse hike‐bike trail.Public transportation stops or station thatprovides regular service to employment/basicservices.Access to amenities such as a full‐service grocerystore, pharmacy, hospital, or public library.AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 76HOUSING NEEDS – AREAS OF OPPORTUNITYFigure 26: Area with a Poverty Rate Greater than 20% The B, C, and D markets all average less than 10% poverty but private marketscosts arenot yet overwhelmingly prohibitive for acquisition and LIHTC developmentor,insomecases, Housing Choice Voucher holders. In fact, several dozen subsidizedhouseholdsalready live in B markets and over 200 live in D markets. F Markets have lowerrentsand a presence of subsidized renters that just above the city average; thoseblockgroups classified as F that are not Racially or Ethnically Concentrated Areas of Poverty(R/ECAPs) and have a poverty rate less than 20 % can also be considered areasofOpportunity.86
Figure 27: Areas of Opportunity Defined by MVA, 2020AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 77MVA AND AREAS OF OPPORTUNITYThis approach to identifying HOAsresults in Block Groups in Dentonwhich are relatively steadyhousing markets, economicallyand racially/ethnically diverse,and provide a variety of unit andtenure types. Although housingoptions affordable to rentersearning 50% AMI or below andbuyers earning at or below 80%AMI are limited in theseneighborhoods, incentives,investment and outreach could allhelp to make these areas ofopportunity accessible to moreDenton households.HOUSING NEEDS – AREAS OF OPPORTUNITY
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Affordable Housing Tools 88
STRATEGIES & RECOMMENDATIONSA variety of housing development and preservation tools can support Denton’s unique housing needs. Collaborative, cross‐sector strategies arevital. Public sector incentives and investments must balance the value ofneighborhood characteristics with the cost of land acquisition anddevelopment in order to meet production volume goals while still facilitating economic mobility. Policy can address, to an extent, impedimentssuch as availability of affordable units in a range of sizes and source‐of‐income discrimination. This section presents a range of funding andprogram options. Some are already in place, others would be relatively easy to implement – others may be more of a reach.AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 79AFFORDABLE HOUSING TOOLSIDENTIFIED NEEDS1. Increased supply of rental units affordable to households earning lessthan 50% of AMI2. Additional rental assistance to very low income senior renters3. Home repair and maintenance assistance to very low income homeowners, particularly seniorson fixed incomes4. Need for affordable family rental housing5. Increased supply of affordable rental housing in areas of opportunityINTEGRATING THE MVASome tools are most effective in specific neighborhood conditions. When determining where each activity could have the largest positive impact,thetypeofmarketidentifiedbytheMVAcanbeinstructive.The key questions and sample tables that follow are meant to informconversations about what will work best and where for Denton, rather than asastrictprescription.Thislistiscomprehensivebutnotexhaustive. Rather it is a resource to support the City’s continued refinement of its approach to increasing and managing the supply ofhousing and in the development of resources and strategies in the future.
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AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 80INTEGRATING THE MVA – KEY QUESTIONSHow can weak markets be strengthened?Public‐Private InvestmentIncrease income diversity of residentsHow can transitional, declining markets be stabilized?Improvement of housing stockIncrease homeownership opportunitiesMixed IncomeHow can low‐income families not get displaced in transitional, improving markets?Land bankingTax abatements for low‐income homeownersReverse mortgages for low‐income senior homeownersHow can affordable housing be added and located in strong markets that can enhance quality of life and economic development?Mixed use, walkable development with an affordable housing componentADUsDiverse housing typesStrategies to preserve and increase the supply of housing affordable to lower income households can be effective in many different market typesand municipalities, and could be beneficial if universally applied. These tools can leverage multiple funding sources of funds, raise revenue forcapital investment, and generally promote inclusive growth and economicopportunity. For example, a municipal or county land bank can helpclear the way for redevelopment of properties with tax liens or other titleproblems – an issue that can arise in any neighborhood. AllowingAccessory Dwelling Units across the city would increase overall supply and provide more options to aging residents across the city.
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Distressed market strategiesgenerally included social service support and capacity building, vacantlot remediation, and large‐scale housingdevelopment. In highly distressed areas, cities choose to focus more on “people‐based” strategies related to community organizing, job training,and youth development, rather than “place‐based” strategies that are more likely to succeed where this is at least some latent market demandor close proximity to nodes of strength. Investing in public infrastructure improvements can help create strength, and CDBG funding to supporthousing counselors and other services that can stabilize communities without building new units.Middle market strategiesinclude infill housing, home repairs, and homebuyer assistance. In many cases, the goal of middle market strategies isto stabilize or improve an area with nascent signs of market activity, rather than wholly transform a place through large‐scale housing productionor redevelopment.Strong/Middle/Transitional market strategiesseek to facilitate healthy functioning of the market conditions. It is important to be on the lookout for signs of slowing growth or changes in market conditions. Strategies that introduce preservation programs assist in rapidly responding tosigns of physical or economic deterioration. In cities that experience broad price appreciation, affordable housing preservation is important.If a further investment in City resources is desired, the MVA can be used a guide on how to invest limited resources and determine best tools tomeet goals (Policy, Funding, Program, Advocacy)AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 81ApproachStrong (A)Strong/Middle (B, C)Middle Markets (D)Transitional (E, F)Distressed (G)Other ConsiderationsPOLICY ‐ Develop Policy that incentivizes housing and manages growth.FUNDING – Generate diversified funding for the acquisition, preservation or construction of affordable housing units.PROGRAMS – invest in the acquisition, preservation or construction of affordable housing and a diverse set of housing programs.ADVOCACY – Advocate for public support of agreed upon solutions.INTEGRATING THE MVA – MARKET STRATEGIES
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AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 82POTENTIAL TOOLS CONDUCIVE TO TARGETINGApproachStrong (A)Strong/Middle (B, C)Middle Markets (D)Transitional (E, F)Distressed (G)Other ConsiderationsPOLICY ‐ Develop Policy that incentivizes housing and manages growth.Zoning/Code – Set Targets for DDC to allow for Smaller Units (ie ADU’s), Incentives for Set‐Asides, etc. (City DDC)XXXXXIncrease supply of unsubsidized small units in opportune areas; can include accessory dwelling units, small single family, townhomes, cottages, condosNeighborhood Planning –Overlays (City DDC), Planned Developments (City DDC), Other Zones (State, Federal)XXXExisting Land Acquisition opportunities, Inclusionary Zoning or other Incentives for Developers for mixed income development tied to affordability requirements (City DDC, State)XXXXXFocus where there is significant market activity, Fee Grants, Streamlined Permitting, Parking, Density Bonuses, etc. Code Enforcement(Existing City Program)XXXIdeal in relatively stable areas where property owners have resources or sufficient equity to make improvement. Additional resources required for success in distressed areas.92
AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 83ApproachStrong (A)Strong/Middle (B, C)Middle Markets (D)Transitional (E, F)Distressed (G)Other ConsiderationsFUNDING – Generate diversified funding for the acquisition, preservation or construction of affordable housing units.Local Funding ‐ General Fund Allocations, Bonds, TIF Special Tax Levy (City)XXXLocal funds should “build from nodes of strength” even when used in distressed areas. Should not replace market funds in “hot” markets.Partnerships‐Housing Authority and Affordable Development Targets (Housing Authority)XXXBalance Tax Revenues, Ability to maintain Quality of City Services Coordination ‐Other Sectors with Role, Private Sector (Banks, Lenders, and Real Estate), Developers (Nonprofit), Institutions (Hospitals, Universities)XXXXXFacilitate healthy functioning of the private market Federal/State Funding ‐Low‐Income Housing Tax Credits, CDBG, HOME (Existing City Programs)XXXXUse to increase options in HOA and preserve affordability in high DRR areas, Layered subsidies for deeper affordability POTENTIAL TOOLS CONDUCIVE TO TARGETING93
AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 84ApproachStrong (A)Strong/Middle (B, C)Middle Markets (D)Transitional (E, F)Distressed (G)Other ConsiderationsPROGRAMS – Invest in the acquisition, preservation or construction of affordable housing and a diverse set of housing programs.Direct Project Financing (Federal, State, City, Private Sector)XXXOffer Land/Property Acquisition, Housing Project Financing Access to NMTC, CDFI, CDC’s Target Investment Zones ‐Opportunity, Neighborhood Empowerment, and Reinvestment Zones (Federal, State, City)XXXTarget geographic areas for Land, Housing, and Economic Development partnerships, ServicesHousing Trust Fund (Federal, State, City)XXXBest when there is ability to generate Substantial Fund BalanceCommunity Land Trust (Nonprofit)XXXXXRequires a stable nonprofit with land management and development capacityMunicipal Land Bank (City)XXXXBest for areas with unencumbered vacant City owned landPOTENTIAL TOOLS CONDUCIVE TO TARGETING94
AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 85ApproachStrong (A)Strong/Middle (B, C)Middle Markets (D)Transitional (E, F)Distressed (G)Other ConsiderationsPROGRAMS – Invest in the acquisition, preservation or construction of affordable housing and a diverse set of housing programs.Small‐scale Housing Infill (Owner and Rental)XXXLook for areas with low to moderate vacancy.Large‐scale Housing Development (Owner and Rental) (Private, Nonprofit Developers)XXXIdeal in areas with significant vacancy and proximity to strong markets, anchor institutions, or other physical assets.Employer or University Housing Partnerships (Owner and Rental) (Private Business, Institutions) XXXXIncrease supply of affordable homeownership or rental opportunities in partnership with employer or university for employee housingFOR HOMEOWNERS: i.e. Increase Home OwnershipDown payment(Existing City Program)XXXXXLook for areas with low to moderate vacancy and recent changes in homeownership rates.FOR HOMEOWNERS: i.e. Preservation, Home Repair, (Existing City Program) Foreclosure PreventionXXXBest for areas with moderate foreclosures or growing foreclosure concerns.POTENTIAL TOOLS CONDUCIVE TO TARGETING95
AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 86ApproachStrong (A)Strong/Middle (B, C)Middle Markets (D)Transitional (E, F)Distressed (G)Other ConsiderationsPROGRAMS – Invest in the acquisition, preservation or construction of affordable housing and a diverse set of housing programs.FOR RENTERS: Keep residents housed, by prevent Evictions, Rental Inspections (Existing City Program) and increase housing choice Rental Rehab (Existing City Program though nonprofit)XXXXXPartnership and Collaboration with Community Partners, investment of HUD funding for nonprofit developersFOR RENTERS: Increase Landlord Participation in Housing Choice Voucher Program (Existing Housing Authority Program)XXXBest in areas outside of concentrated poverty and distress. (DHA)FOR HOMELESS/AT‐RISK: Mixed Income Rental Housing including Deeper Affordability and Permanent Supportive Housing XXXMore viable in desirable areas that can attract market rate and workforce renters.Tiny Home Communities X X XOne or two‐room “tiny homes” built in a community setting at a lower per‐unit cost than traditional constructionPOTENTIAL TOOLS CONDUCIVE TO TARGETING96
AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 87ApproachStrong (A)Strong/Middle (B, C)Middle Markets (D)Transitional (E, F)Distressed (G)Other ConsiderationsADVOCACY – Advocate for public support of agreed upon solutions.Continued advocacy and support for HUD funding programs. (Existing City Funding Source)XXXXXExpand awareness of the development needs for mixed‐income housing for all incomes. XXXX XPOTENTIAL TOOLS CONDUCIVE TO TARGETING97
APPENDICES98
AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 89APPENDIX 1 ‐ COMMUNITY ENGAGEMENT PROCESSAFFORDABLE RENTAL HOUSING1. There is a need for more affordable rental housing for low‐wage workers and other very low‐income families. The price at which housing becomes too expensive is around 50% of AMI and below.2. The university student population directly competes with non‐university renters, increasing rental prices for the renting workforce. 3. Recent construction in “student housing” – four‐bedroom, four‐bathroom units and other non‐traditional apartments – will not be as rentable in the future, leading to a glut in this type of apartment. There is potential for bankruptcy and an opportunity for reconfiguration of these units. 4. There is a gap in rental housing affordable to households earning moderate incomes; they do not qualify for subsidized housing but cannot find homes for less than $1,200/per month. 5. Much of the affordable multi‐family housing stock is outdated and older. 6. There is a large population of low‐income young adults who are not students and are in need of affordable rental housing.7. Many students are not subsidized by their parents and are also in need of affordable rental housing. The universities are public universities with many working students.8. Mixed‐income development is needed to bring diverse households together, including apartments, townhomes, and luxury development.9. Low‐income renters with subpar rental records need more assistance (e.g., history of an eviction or criminal records) in order to prevent homelessness.HOUSING SUBSIDIES1. Section 8 voucher holders find it difficult to find rental housing, particularly single‐family rental units. There is a stigma around Section 8 housing and not enough landlords are willing to participate.2. The Public Housing Authority can play an active role in increasing affordable housing supply for very low‐income and vulnerable populations and should have the opportunity to partner with the city and developers to increase supply.3. 3. Denton needs more senior affordable housing development using 202 or LIHTC programs.AFFORDABLE HOMEOWNERSHIP1. The cost of land is increasing in Denton, increasing costs for new homes and pricing moderate‐income workers out of the homeownership market. 2. Low‐ and moderate‐income families could become homeowners five years ago, but now cannot because of increased home prices.WORKFORCE HOUSING NEEDS1. 1. Denton needs more diverse housing options to meet different incomes and household types, including townhomes and condominiums.2. 2. The city needs more housing that meets the needs of potential employers, including higher‐end homes and a range of rental housing options.Summary of feedback gathered from stakeholders during community engagement activities.99
AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 90SENIORS1. Low‐income seniors cannot afford to transition into assisted living and will need to remain in their current homes for as long as possible. This will require assistance to convert homes for long‐term living.2. Many seniors have disabilities and cannot make repairs to their homes on their own.3. Seniors need more affordable rental units.4. Seniors need more affordable long‐term care options; many seniors end up staying in the hospital for long periods of time waiting for a Medicaid‐funded living facility to have a space.HOMELESSNESS1. Many individuals cannot access permanent housing because they do not have the security deposit funds required.2. The city needs emergency housing for households who are at risk of homelessness; once a family becomes homeless, it is much more difficult to transition back.3. Homelessness is a major problem that should be prioritized–there are people who cannot afford housing because they are disabled, have mental health issues, or lack resources to secure housing and need assistance.4. Individuals experiencing homelessness, when they do receive housing, also need supportive services to give them to tools to succeed. This includes counseling, transportation, access to healthy food, workforce development, and healthcare.5. Homeless families with children need permanent supporting housing. OTHER VULNERABLE POPULATIONS1. Denton needs more units that are accessible to persons with disabilities; there are very few ADA units.2. There should be more affordable housing development for vulnerable populations working with local, regional and national non‐profit organizations.3. Human trafficking is a significant issue in Denton; the city needs more safehouses for women in exploitative situations.4. Unaccompanied youth need temporary housing assistance and a network of social services – only children in Child Protective Services have access to support, and those not in the system cannot access housing, food, and healthcare support.MARKET CONSIDERATIONS1. For the past decade, Denton has been in a boom period, with major housing developments in the pipeline and a large supply of newer student housing. New developments may not come to fruition, and newer development may struggle to lease up.2. COVID will likely have a negative impact on the housing market, but there is uncertainty on how this will unfold. High unemployment, diminishing housing demand due to students learning remotely, and pending evictions and foreclosures will change the housing landscape.APPENDIX 1 ‐ COMMUNITY ENGAGEMENT PROCESS
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AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 91EQUITY AND QUALITY OF LIFE1. Southeast Denton is the historic home of the Black and Hispanic communities and is in need of enhancements to housing quality and improved services and amenities. 2. Denton would increase its quality of life if new developments were diverse and integrated into a walkable community with a variety of building types and commercial/retail spaces blended in.3. In recent years, Denton has become a cultural hub for the region: restaurants, live music, and arts create a strong sense of place. Future development should work to enhance this by including unique design and diverse housing.4. Denton needs more design standards.5. Smaller lots and more open space in certain areas can increase the desirability of Denton and work from the city’s “hippitude” reputation. This is in contrast to the housing style developers want to build. 6. The city needs more awareness around “fair housing” –including education for landlords and tenants, guidance documents, and a transparent process for filing complaints when landlords or lenders violate fair housing laws.APPENDIX 1 ‐ COMMUNITY ENGAGEMENT PROCESS
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AFFORDABLE HOUSING NEEDS & MARKET VALUE ANALYSIS CITY OF DENTON, TEXAS 92iRetail Demand Surplus and Leakage Factors, ESRI BAO 2020ii Kathryn Lawler, Aging in Place: Coordinating Housing and Health Care Providers for America’s Growing Elderly Population, Joint Center for Housing Studies of Harvard University and Neighborhood Reinvestment Corporation, October 2001.iii HUD Policy Development and Research, “Measuring the Costs and Savings of Aging in Place”, Evidence Matters, Fall 2013, retrieved August 12, 2020, https://www.huduser.gov/portal/periodicals/em/fall13/highlight2.html.iv Source: Atria Planning using home price data from Zillow Inc. effective July 2020, HUD Fair Market Rent for a One‐Bedroom Unit in 2020, and U.S. Bureau of Occupation and Wage Statistics, 2019 using Dallas MSA wages at the 25thPercentile.v Assumes average household size of college‐student household is 2.48 using data provided by ESRI BAO.viAndrew Bary, “College Housing REIT Shows Strong Leasing Despite Covid‐19,” Barron’s online, July 21, 2020, retrieved August 20, 2020 at https://www.barrons.com/articles/college‐housing‐reit‐american‐campus‐communities‐shows‐strong‐leasing‐despite‐covid‐19‐51595340781.vii For indicators not recorded by the City, sources include ATTOMData, U.S. Postal service data via Landgrid, and Census/ACS.APPENDIX 2 ‐ ENDNOTES102
Community ServicesWORKING TO PROVIDE QUALITY AFFORDABLE HOUSING, A SUITABLE LIVING ENVIRONMENT, AND EXPANDING ECONOMIC OPPORTUNITY, PRINCIPALLY FOR PERSONS OF LOW TO MODERATE INCOME.FEBRUARY 2, 2021, ID 20‐1844103
AFFORDABLE HOUSING–Affordable Housing Acquisition, Creation, Preservation oNonprofit Developers–DAHC, Habitat for HumanityoPrivate and Nonprofit Developer ‐ Housing Tax Credit ProgramoCity Housing ProgramsHome Buyer Assistance Program Minor Repair/Major Systems/Renovation/ReconstructionSOCIAL SERVICES–Coordination and collaboration with local nonprofits and community partnersIMPROVING NEIGHBORHOODS AND PUBLIC FACILITIES oCode Enforcement, Public Facilities, Non‐Profit Facilities, Public InfrastructureINCREASE ACCESS TO COMMUNITY RESOURCESoAffordable Housing Rental ListoNavigating Fair Housing oTransportation Access –DCTA/Services Map2COMMUNITY SERVICES ‐ HOW WE HELP222ID 20-1844, FEBRUARY 2, 2021 COMMUNITY SERVICES
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Denton, TX February 2, 2021Affordable Housing Needs & Market Value AnalysisID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES3105
Agenda•Project Overview •Key Findings•Affordable Housing Needs•Market Value Analysis•Looking Forward: Affordable Housing Tools4ID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES106
Project Overview107
Project OverviewDemographic and Economic Data AnalysisStakeholder Meetings and Interviews Market Value AnalysisInformation Gathering Phase 1Data ReportFuture: Resources and StrategyPhase 2Phase 3Refine recommendations and implementation strategiesReview existing local and state laws/ programs/ barriersPropose incentives, policies, and priorities to meet specific needsAnalysis of housing needs based on quantitative and qualitative information, framed by the MVATotal and unmet housing needsAffordable Housing SupplyWorkforce Housing NeedsDemand ForecastsHousing Opportunity Index6ID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES108
Key Findings109
Key Findings ‐ Existing Housing ChallengesHome prices have increased significantly in the past decade, limiting housing options for potential buyers. Owners who earn less than 80% of AMI ($68,976) cannot afford to pay more than $200,000 for a home and have few affordable options in Denton.oThis includes many young professionals like web developers and scientists, city workers such as firefighters and librarians, and clergy members.Market rents are also unaffordable to many necessary workers earning less than 50% of AMI ($43,110), who cannot afford to pay more than $900 a month in rent.oThis includes necessary workers key to Denton’s economic vitality, including retail clerks, cashiers, restaurant workers, childcare workers, and health aides who cannot afford a moderately priced one‐bedroom. Baby Boomers and older households on fixed retirement incomes may also struggle with housing costs.8ID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES110
Key Findings ‐ Housing Needs to Accommodate Future GrowthNot counting current cost‐burdened households, the analysis projects a demand for up to 9,494 new affordable and market rate units by 2026 (4,479 rental and 5,015 ownership)oThis calls for an estimated 608 new units per year for the next 5 years selling for <$200,000 or renting for less than $900/month Subsidized rentals built through the Housing Tax Credit (LIHTC) Program are typically affordable to residents earning 50%‐80% AMI –deeper subsidies are needed for service workers earning less than $40,000.Increasing the supply of smaller homeowner units (condos, townhomes, Accessory Dwelling Units (ADUs), duplexes, triplexes,) could create affordable ownership opportunities without subsidy.9ID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES111
Housing Market Analytics & Place Based StrategiesThe Market Value Analysis (MVA) identified 7 distinct housing market types in the city, ranging from strong and growing (typical sale prices of $400,00, high construction activity, etc.) to distressed markets (typical sale price of $140,000, frequent code violations, etc.).Areas in Southeast Denton had the highest risk of price‐based displacement – these are not the areas with the city’s biggest or most rapid price increases (i.e., not “classic gentrification”), but the areas where prices increased most in comparison to incomes of longtime residents. 10ID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES112
Summary of Available Tools/StrategiesAffordable Rental Units Layered subsidies for deeper affordability (e.g. tax credits, vouchers, Housing Trust Fund)Expand role and activities of the Public Housing AuthorityConversion of unused structuresIncentives to developers – i.e. Parking Alternative Housing SolutionsoAccessory Dwelling UnitsoModified Manufactured HousingoSmall HomesAffordable HomeownershipIncreased supply of smaller units, including townhomes, condos, and cottages through zoning, developer incentivesHousing rehabilitation and repair programsIncreased support for non‐profit builders of affordable homeownershipFirst‐time Homebuyer education and foreclosure preventionPartnerships with large employers11ID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES113
Current Sectors ‐ Roles and ResponsibilitiesFederal and State ProgramsCity of DentonLocal Gov./Public Non‐ProfitNon‐ProfitFor‐ProfitFederal and State – Funding programsNon‐profits – Development, counseling, supportive servicesCity – Establishes goals and priorities through plans, zoning, permitting, funding decisions using available federal, state and local resourcesFor‐Profits – Development, lending, landholdingHousing Authority – Administers Federal housing assistance programs, works in conjunction with local governments and agencies to develop long‐term housing strategies for communities12ID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES114
Affordable Housing Needs115
Affordable Housing Needs – Approach & SourcesData CollectionHUD CHAS Data –Housing ChallengesAmerican Community Survey 2018 –Demographics and Housing StatisticsBureau of Labor Statistics ‐EconomyESRI Business Analyst –Estimates and ForecastsSupporting InformationDenton Consolidated PlanHomeless Data ReportsEconomic ResearchLocal Data and ReportsCommunity FeedbackStakeholder InterviewsVirtual Open HouseHousing Demand ModelHousehold ProjectionsUnit MixPricing14ID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES116
What is the maximum rent that can be considered affordable for necessary workers?$489$1,088$464$691$709$976$614$926$516$1,068$0$200$400$600$800$1,000$1,200Average Rent for 1‐BR = $1,03180% AMI50% AMI30% AMISource: Atria Planning using Rainmaker Insights average rents July 2020 and U.S. Bureau of Occupation and Wage Statistics, 2019 using Dallas MSA wages at the 25thPercentile.1515ID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES117
$193,710$186,605$238,412$224,005$192,674$248,724$227,261$228,051$0.00$50,000.00$100,000.00$150,000.00$200,000.00$250,000.00$300,000.00Average Home Price = $248,799Source: Atria Planning using data from Zillow Inc. effective July 2020 and U.S. Bureau of Occupation and Wage Statistics, 2019 using Dallas MSA wages at the 25thPercentile.What is the maximum home price that can be considered affordable for young professionals?30% AMI50% AMI80% AMI1616ID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES118
Current Housing InventoryOccupied Vacant Vacancy RateTotal UnitsOwnership (48%)26,531 160 0.60% 26,691Rental (52%)27,907 1870 6.70% 29,777Total54,438 2,030 56,46817ID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES119
Projecting Housing Demand 2021 – 2026RentersVery Low Income (30%)Workforce Housing (50%)Market Rate Rental HousingTotalModerate Growth Scenario562 1,304 2,234 4,100High Growth Scenario604 1,429 2,446 4,479Share14% 32% 54%OwnersVery Low Income (30%)Workforce Housing (50%)Market Rate Owner HousingTotalModerate Growth Scenario335 403 2,923 3,661High Growth Scenario458 551 4,006 5,015Share9% 11% 80%18ID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES120
Projecting Housing Needs 2025‐2040: Long‐term 2025 ‐2030 2030 ‐2040 TotalRenters2,880 17,957 20,838Owners5,761 39,763 45,523Total8,641 57,720 66,361The 2018 ACS estimated 46,561 households in Denton, 48% were homeowners19ID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES121
Denton Market Value Analysis122
The MVA ProcessLessons from 15+ years of experienceAcquire local administrative dataand geocode to Census block group geographies.1Manually inspect areas for conformity with local expertsto assess fit.4Manually inspect and validate data layers by driving the area.2Alter parameters; re‐solve and re‐inspectuntil model accurately represents area.5Use statistical cluster analysisto identify areas with common attributes.3Summarize and describe the characteristics of each market.6IterativeValidating Data is Critical. Researchers must systematically visit and observe neighborhoods in the city to understand the data and final model.One Size Does Not Fit All.MVA components and models share some similarities across cities but must be customized to the unique traits of each city.Integrate Local Knowledge. All models are tested with local experts to incorporate qualitative feedback from each geography.Geographic Scale Matters.MSA and Census tract geographies are too large to accurately reflect the nuances of local real estate markets.21123
BlockGroupsMedian Sales Price, 18‐19 Coef. Of VarianceHome‐OwnersSubsidized RentersAlteration PermitsNew Cons. PermitsBuilding ViolationsResidential Parcel AreaVacancy ForeclosuresA5 $402,684 0.28 90.5% 0.4% 2.8% 5.8% >0.1% 25.1% 0.1% 0.4%B7 $279,371 0.25 75.0% 3.8% 2.9% 1.6% 0.8% 84.7% 1.0% 1.3%C5 $278,238 0.19 79.7% 0.9% 2.0% 28.2% 0.2% 43.1% 0.3% 1.4%D18 $257,951 0.35 72.1% 4.5% 3.0% 1.3% 0.7% 26.3% 0.4% 1.1%E5 $201,447 0.36 17.4% 36.0% 1.0% 2.4% 5.3% 31.1% 6.7% 5.2%F19 $195,718 0.48 37.4% 6.2% 2.2% 1.0% 2.0% 61.1% 1.9% 1.2%G11 $138,808 0.36 10.4% 1.2% 0.8% 0.9% 5.6% 30.5% 2.6% 0.2%Citywide AverageBlock Group$229,778 0.36 55.5% 5.8% 1.7% 2.8% 1.7% 38.6% 1.5% 1.0%Summary of Market Characteristics: Investment22ID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES124
BlockGroupsMedian Sales Price, 18‐19 Coef. Of VarianceHome‐OwnersSubsidized RentersAlteration PermitsNew Cons. PermitsBuilding ViolationsResidential Parcel AreaVacancy ForeclosuresA5 $402,684 0.28 90.5% 0.4% 2.8% 5.8% >0.1% 25.1% 0.1% 0.4%B7 $279,371 0.25 75.0% 3.8% 2.9% 1.6% 0.8% 84.7% 1.0% 1.3%C5 $278,238 0.19 79.7% 0.9% 2.0% 28.2% 0.2% 43.1% 0.3% 1.4%D18 $257,951 0.35 72.1% 4.5% 3.0% 1.3% 0.7% 26.3% 0.4% 1.1%E5 $201,447 0.36 17.4% 36.0% 1.0% 2.4% 5.3% 31.1% 6.7% 5.2%F19 $195,718 0.48 37.4% 6.2% 2.2% 1.0% 2.0% 61.1% 1.9% 1.2%G11 $138,808 0.36 10.4% 1.2% 0.8% 0.9% 5.6% 30.5% 2.6% 0.2%Citywide AverageBlock Group$229,778 0.36 55.5% 5.8% 1.7% 2.8% 1.7% 38.6% 1.5% 1.0%Summary of Market Characteristics: Distress23ID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES125
BlockGroupsMedian Sales Price, 18‐19 Coef. Of VarianceHome‐OwnersSubsidized RentersAlteration PermitsNew Cons. PermitsBuilding ViolationsResidential Parcel AreaVacancy ForeclosuresA5 $402,684 0.28 90.5% 0.4% 2.8% 5.8% >0.1% 25.1% 0.1% 0.4%B7 $279,371 0.25 75.0% 3.8% 2.9% 1.6% 0.8% 84.7% 1.0% 1.3%C5 $278,238 0.19 79.7% 0.9% 2.0% 28.2% 0.2% 43.1% 0.3% 1.4%D18 $257,951 0.35 72.1% 4.5% 3.0% 1.3% 0.7% 26.3% 0.4% 1.1%E5 $201,447 0.36 17.4% 36.0% 1.0% 2.4% 5.3% 31.1% 6.7% 5.2%F19 $195,718 0.48 37.4% 6.2% 2.2% 1.0% 2.0% 61.1% 1.9% 1.2%G11 $138,808 0.36 10.4% 1.2% 0.8% 0.9% 5.6% 30.5% 2.6% 0.2%Citywide AverageBlock Group$229,778 0.36 55.5% 5.8% 1.7% 2.8% 1.7% 38.6% 1.5% 1.0%Summary of Market Characteristics: General Characteristics24ID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES126
Denton Market Value AnalysisStrongSteadyMiddleTransitionalDistressed25127
Total HouseholdsBlack Pop, 2014‐18White Pop,2014‐18Hispanic Pop,2014‐18Average Median IncomeA6,485(13%)1% 88% 8% $116,066B4,289 (8%)3% 72% 17% $93,238C1,768(3%)7% 74% 17% $79,626D17,421(34%)7% 65% 22% $80,836E4,673(9%)25% 44% 26% $37,575F10,958(21%)6% 52% 35% $41,598G5,941(12%)14% 49% 27% $27,279City wideTotal51,535(100%)9% 63% 22%$68,031Summary of Market Demographics26128
Affordable Markets at 80% Area Median IncomeAMI for a family of four in Denton in 2020 was $86,200. Visible areas had median sales prices less than 3x 80% of median income (i.e., $206,880).StrongSteadyMiddleTransitionalDistressed27129
Median Household Income in Denton in 2019 was $56,489. Visible areas had median sales prices less than 3x 100% of median income (i.e., $169,467).Affordable Markets at City of Denton Median IncomeStrongSteadyMiddleTransitionalDistressedCity28130
Calculating Displacement RiskMedian Sale Price Over Time ______________________________________________________Median Family Income – Fixed Baseline YearHigher DRR = Higher RiskHouseholds forced to leave their homes/neighborhoods due to circumstances beyond their control (e.g., rapidly rising taxes or rents) lose critical socials connections for job opportunities, childcare, etc., and may wind up in crowded or sub‐standard housing.Displacement Risk Ratio (DRR) = 29ID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES131
2.12.22.72.72.63.03.23.43.52.02.53.03.54.02010‐2011 2011‐2012 2012‐2013 2013‐2014 2014‐2015 2015‐2016 2016‐20172017‐2018 2018‐2019Denton Displacement Risk RatioAverage Displacement Risk: Denton and Dallas2.112.032.102.432.572.752.812.002.503.003.504.00Dallas Displacement Risk Ratio30ID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES132
Denton Displacement Risk: Change from 2010‐201931133
Towards Defining Opportunity Markets32134
Affordable Housing Tools135
Defining Roles and ResponsibilitiesType Partner RoleFederal & State GovernmentFederal: HUD, HHS State: TDHCAProvide funding and policy guidance for LIHTC, CDBG, HOME, Section 811/202, Housing Trust Fund, CDBG‐Disaster Recovery. City GovernmentCommunity Development, Development Services, Economic DevelopmentDevelop local policies aligned with federal and state funding sources. Implement policies through, zoning, permitting, incentives, and city’s allocation of state/federal/local resources.Local Gov./Not‐Profit Public CorporationDenton Housing Authority Administer the Section 8 Housing Choice Voucher Program. Finance and construct affordable housing, work in conjunction with local governments and agencies. Non‐Profit OrganizationsTX State Affordable Housing Corp., Denton Affordable Housing Corporation, Habitat for Humanity, United Way, Catholic CharitiesDevelop affordable housing, provide counseling services, administer grants for home repair and emergency services, partner with for‐profit developers for permanent supportive housing component.Institutions Universities, Texas Health, Baylor Scott & White Hospital, foundations like the Meadows Foundation Provide funding, land, financing, partnerships, and/or technical assistance to non‐profits to develop housing or provide services.Private Sector Real estate developers, banks, landholders, major employersFinance and construct housing, sponsor housing initiatives.34ID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES136
Integrating the MVA – Key questionsHow can weak markets be strengthened?Public‐Private InvestmentIncrease income diversity of residentsHow can transitional, declining markets be stabilized?Improvement of housing stockIncrease homeownership opportunitiesMixed IncomeHow can low‐income families not get displaced in transitional, improving markets?Land bankingTax abatements for low‐income homeownersReverse mortgages for low‐income senior homeownersHow can affordable housing be added and located in strong markets that can enhance quality of life and economic development?Mixed use, walkable development with an affordable housing componentADUsDiverse housing types35ID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES137
Potential Tools Conducive To Growing Housing AffordabilityApproachStrong (A)Strong/Middle (B, C)Middle Markets (D)Transitional (E, F)Distressed (G)Other ConsiderationsPROGRAMS – Invest in the acquisition, preservation or construction of affordable housing and a diverse set of housing programs.Small‐scale Housing Infill (Owner and Rental) XXXLook for areas with low to moderate vacancy.Large‐scale Housing Development (Owner and Rental) (Private, Nonprofit Developers)XXXIdeal in areas with significant vacancy and proximity to strong markets, anchor institutions, or other physical assets.Employer or University Housing Partnerships (Owner and Rental) (Private Business, Institutions) XXXXIncrease supply of affordable homeownership or rental opportunities in partnership with employer or university for employee housingFOR HOMEOWNERS: i.e. Increase Home Ownership Down payment(Existing City Program)XXXXXLook for areas with low to moderate vacancy and recent changes in homeownership rates.FOR HOMEOWNERS: i.e. Preservation, Home Repair, (Existing City Program) Foreclosure PreventionXXXBest for areas with moderate foreclosures or growing foreclosure concerns.36ID 20-1844, FEBRUARY 2, 2021COMMUNITY SERVICES138
37ID 20-1844, FEBRUARY 2, 2021 COMMUNITY SERVICESDiscussion: Current ProgramsCity and stakeholders have existing tools and programs to develop and/or maintain affordablehousingCurrent Tools Government Non‐Profit PrivateCity of Denton Homeowner Repair Programs (HIP, MRP) (City)XXFirst‐Time Homebuyer Assistance Program (HAP) (City)XXHousing Tax Credit Program (HTC) Affordable Multi‐Family Development (City, Private Developers with Non‐Profits or DHA)XXXDevelopment Fee Grant Program (City, Non‐Profit Developers, Habitat)XXXRental Rehabilitation Program (City HOME Funds, DAHC)XXApply forGrants and/or support Non‐Profits to apply for Grants for Affordable & Supportive Housing ProgramsXXCode Enforcement – Neighborhood Improvement (City)XHousing Vouchers (DHA)XXSupportive Housing Programs (Federal, State, City, Non‐profits)XX139
38CITY OF DENTON, TX PLEASE CONTACT: 940-349-723738CITY OF DENTON, TX PLEASE CONTACT: 940-349-7237COMMUNITY DEVELOPMENTBased on this report and assessment, there are a few options/next steps that could be taken with Council direction:–Develop recommendations and budget supplementals for FY21/22 for additional investment to add or expand existing City programs. For example only, the review may include:•Homeowner Repair Programs, Homebuyer Assistance Program (to expand program eligibility; target certain markets; target certain segments – 65+)•Rental Rehabilitation (to expand funding availability for non‐profit housing developers with income‐restricted units; assist with maintaining housing stock)•Development Fee Grant Program (this was a new program initiated in 2020; evaluate its use and regulations; make recommendations for modifications)–Initiate a review of the City’s Housing Tax Credit Policy and Application to review City’s priorities and preferences to communicate to potential developers–Initiate discussions and a partnership with the Denton Housing Authority to understand their goals and plans; develop potential tools/partnerships for common goals for Council and DHA Board discussion–Continue review of the Denton Development Code for opportunities i.e. ADUs, Incentive ProgramsDiscussion: Incremental Next Steps/Options38ID 20-1844, FEBRUARY 2, 2021 COMMUNITY SERVICES
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If a substantial investment in City resources is desired, recommend to hire a Consultant to continuewith a Phase 3 to develop a comprehensive strategy & toolbox (estimated budget of $20,000) to:–Facilitate and set clear goals and priorities by City Council –Determine best tools to meet goals (Policy, Funding, Program, Advocacy)–Determine budget, staff, and resources needed–Develop policies and programs –Comprehensively and strategically developing a roadmap–Leverage partnerships and other sectors most effectivelyDiscussion: Comprehensive Strategy / Toolbox39ID 20-1844, FEBRUARY 2, 2021 COMMUNITY SERVICES
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CITY OF DENTON, TX PLEASE CONTACT: 940-349-7237COMMUNITY DEVELOPMENTOther potential uses for this assessment:–Use in the Consolidated Plan for Housing and Community Development and annual Action Plans–Use in setting ongoing priorities for CDBG, HOME project funding–Use in the upcoming Comprehensive Plan Update for the City to address the Policy areas for planning and zoning that could diversity housing stock, increase homeownership opportunities, etc.–Use in partnership with the Economic Development Plan to support Economic Development priorities–Use in planning with Parks Master Plan for prioritizing projects in areas of opportunity.–Use in Mobility Plan determine how future transportation needs impact growth and housing priorities–Use in Capital Projects priorities depending on where is growth planned for Public Utilities, Public Facilities, and Public Safety neededDiscussion: Comprehensive PlanningID 20-1844COMMUNITY SERVICES40ID 20-1844, FEBRUARY 2, 2021 COMMUNITY SERVICES
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For additional informationReinvestment Fund Policy SolutionsEmily Dowdall, Policy DirectorColin Weidig, Senior Policy AnalystJanine Simmons, Policy Analyst Emily.Dowdall@reinvestment.comAtria PlanningRebecca Rothenberg, Principalrrothenberg@atriaplanning.com143
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-093,Version:1
Receive a report, hold a discussion, and give staff direction regarding a request for a resolution of support from
a developer applying for 9% housing tax credit with the Texas Department of Housing and Community Affairs.
City of Denton Printed on 1/29/2021Page 1 of 1
powered by Legistar™144
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Public Affairs and IGR - Community Development
CM/ DCM/ ACM: Sara Hensley, Assistant City Manager
DATE: February 2, 2021
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding a request for a resolution of support
from a developer applying for 9% housing tax credit with the Texas Department of Housing and Community
Affairs.
BACKGROUND
The Texas Department of Housing and Community Affairs (TDHCA) offers a Housing Tax Credit program
as one of the primary means of directing private capital toward the development and preservation of
affordable rental housing for low-income households. Typical projects include apartment complexes, rental
townhomes, mixed-income and mixed-use properties, supportive housing for those with special needs, and
independent living facilities for seniors.
There are two types of Housing Tax Credit (HTC) programs available: a 4% (non-competitive) and a 9%
(competitive) program. Both programs have unique features and rules; however, in general, current policy
from the TDHCA for 9% includes a scoring item that developers receive resolutions of support or no
objection from the municipality in which the project is located. For the 4% program, there are threshold
documents requiring that developers receive resolutions of no objection from the municipality in which the
project is located.
The tax credits are awarded to eligible participants and provide a source of equity financing for the
development of affordable housing. Investors in qualified affordable multifamily residential developments
can use the HTCs as a dollar-for-dollar reduction of federal income tax liability. The value associated with
the HTCs allows housing to be leased to qualified families at below market rate rents. The Non-Competitive
(4%) Housing Tax Credit program is coupled with the Multifamily Bond Program when the bonds finance
at least 50% of the cost of the land and buildings in the Development.
To meet the City of Denton housing and development objectives, it is the City’s policy to analyze projects
requesting support for proposed Housing Tax Credits (HTC). Such analysis will determine if the project(s)
comply with the principles and policies found in the City’s Denton 2030 Plan, the Consolidated Plan for
Housing and Community Development, as well as various other master, strategic, and redevelopment or
neighborhood plans, adopted by the City of Denton. The goal of this analysis is to (a) establish if HTC
projects merit local support, and (b) prioritize HTC submissions if more than a single proposal is received
during an evaluation period. Developers seeking consideration by the City of Denton for either a Resolution
of Support or a Resolution of No Objection, for HTC from TDHCA submit a request for support under the
City Council approved HTC Program. Community Services administers the HTC Program.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
145
DISCUSSION
The City has received an application submitted to Community Services seeking a Resolution of Support for
a 9% Housing Tax Credit application to TDHCA for new construction. (Exhibit 2). Staff will present an
overview of the application and the proposed project with the developer to City Council at the February 2,
2021 meeting. Consideration of a resolution of support for the HTC will be placed on the February 9, 2021
meeting for City Council.
TDHCA Competitive HTC Application Deadlines
01/04/2021 Application Acceptance Period Begins. Public Comment period starts.
01/08/2021 Pre-Application Final Delivery Date (including waiver requests).
02/15/2021 Deadline for submission of Application
03/01/2021 End of Application Acceptance Period and Full Application Delivery Date (including
Resolution for Local Government Support pursuant to §11.9(d)(1) of the 2021 CHAPTER 11,
QUALIFIED ALLOCATION PLAN (QAP)
PROJECT - The Legacy in Denton Apartments Figure 1
146
Project Type: General, New Construction
Location: 4298 E. McKinney, Denton, Texas 76208
City Council District: 2
Developers: TX Legacy Denton, LP
Current Zoning: (R7) - Residential 7
Tenant access to services: The site’s location will give residents easy access to other parts of
Denton and the surrounding communities, including direct access to the newly expanding Highway
380. Denton Connect Route 3 has service running past this site (.10 miles) on a daily basis every 22
minutes, on average starting at 6:01am and ending at 9:00pm. The property will have income
restrictions to the residents, as well as rental limitations to those prospective residents. The
population of the community will be families as well as seniors; however, there will not be any age
restrictions on the property. Apartment Life and Meals on Wheels will provide services at the
property. Located within close proximity of the project site are:
o Several grocery stores (Aldi <.75 miles, Kroger 1.15 miles)
o Several Pharmacies (Kroger -1.15 miles, Walgreens – 1.3 miles)
o Kid Zone Learning Center (<.5 miles)
o Childcare Network (<.80 miles)
o LA Fitness (1 mile)
o Lone Star Indoor Sports Center (.25 miles)
o Texas Women’s University (<3.0 miles)
o Denton Ryan High School (.10 miles)
o Denton City Fire Station 2 (.85 miles)
o Texas Department of Public Safety (adjacent property)
o Denton County Law Library (1.87 miles)
o Denton County Public Health (<.50 miles)
Project Amenities: Residents will enjoy common amenities that include a club house with a dog
park, fitness center, business center with computers and internet access, a community room,
swimming pool, landscaped courtyards, controlled access to the property and elevators in each
building. In addition, residents will enjoy an activity room, furnished community room and wifi for
the entire development. The development plans to provide high quality senior rental housing for
residents in a safe, clean, beautiful environment. In addition, the development will be finished out
with energy efficient appliances and features. Note that there is currently an initiative to run a path
along Pecan Creek, which is located to the south of the property, and the residents will have access
to this as well.
Taxable Status of the Development: This project will be seeking a Tax-Exemption. Information
about tax-exempt partnerships (potential partnerships, % exemption) has not been finalized by The
Legacy in Denton Apartments.
Proposed Unit Breakdown: The property will utilize income averaging for its residents, which will
allow a greater spectrum of qualified applicants. This development proposal features the
construction of 232 general occupancy apartment units. Using Income Averaging1, the income
restrictions for these units will range from 30% of Area Median Income (AMI) – 100% of AMI.
Proposed Unit Sizes: 703 - 1,146 sq. ft
Projected Rents: Average rents will be $780 for a 1 bedroom, $964 for a 2 bedroom, and $1,106
for a 3 bedroom.
Length of Affordability: 40 Years
Experience: Primary Developer is RISE Residential Construction, LP. Since 2003, RISE has
completed more than 200 single-family, multi-family, mixed-use and senior developments,
providing some 7,000 high-quality residences across Texas and in New Mexico.
147
Figure 2
1Income averaging restriction election was first incorporated into the Qualified Allocation Plan (QAP) of Texas in 2019. This
income restriction election allows Housing Tax Credit properties to provide apartment units restricted at a wide range of income
levels, while achieving an overall average income restriction of 60%. Income averaging allows developments to serve the lower
income population as well as the 70% and 80% AMI families that have previously been left out of other programs.
Figure 3
148
OPTIONS
1. Approve a Resolution of Support as presented; or
2. Do Not Approve the Resolution of Support
EXHIBITS
1. Agenda Information Sheet
2. TX Legacy Denton, LP City of Denton HTC Application
3. Presentation
Respectfully submitted:
Dani Shaw
Community Services Manager
149
City of Denton
Housing Tax Credit (HTC) ‐ Request for Support
Application
1.PROJECT INFORMATION
Legal Name of Developer/Entity
Name of Proposed Development
Physical address of the project
Project type:
Applicant Role:
Housing Tax Credit application for: 9% HTC 4% HTC
Applicant is requesting Council Resolution: of Support Stating No Objection
Is the property: New construction Renovation Acquisition/Redevelopment
Total number of units:
*Single Room Occupancy
2. APPLICANT INFORMATION
Name
City
Telephone
Contact person
Contact Telephone Contact Email
DUNS #: Federal Tax ID#
For Developers and Partners, check all that apply:For Profit Nonprofit Public Housing Authority
9
12
4
25
10.8%
0
84
116
32
232
0
16
22
5
43
18.5%
Please note: The City of Denton reserves the right to deny applications that do not coincide with the City’s Housing Tax Credit
Request for Support and Policy, various strategic and master plans, or policy direction from the Denton City Council. Before a project
will be evaluated, each applicant requesting support must submit a completed application with all attachments in accordance with
the timeline prescribed herein.
SRO*
1 BR
2 BR
TX Legacy Denton, LP
The Legacy in Denton Apartments
4298 E. McKinney, Denton, Texas 76208
Denton ISD
$ Estimated Rent # SF of Each Unit
General
Owner
Senior
60% 80%
Developer
Supportive Housing ‐ Special Populations
Other (list below):
# of Affordable Units
30%
# of Market Rate Units
Census tract #School District
50%
48121021405 2
Council District #
# of Total Units
Total Units
Avg $780
Avg $964
42
24 58
0
703,757 17
$0
984,988
% of Total
716
40 years
1,146
Note: Income averaging will
be utilized ‐‐‐See attached schedule
48 116 0
20.7% 50.0% 0.0%
Length of Affordability on the Project:
Avg $1,1063 BR
(214) 244‐4725
Jack Traeger
(214) 244‐4725
117153100
jackt@legacymultifamily.net
84‐2527598
TX Legacy Denton, LP
Dallas TX
ST
75248
ZIP
Approved: Resolution 18‐756 onMay 8, 2018 Page 1 of 3150
City of Denton
Housing Tax Credit (HTC) ‐ Request for Support
Application
In the last ten years:
Have you developed other Housing Tax Credit projects?Yes No
If yes, please list project names and addresses:
Have you developed other affordable housing projects? Yes No
If yes, please list project names and addresses:
3.PROJECT NARRATIVE & ATTACHMENT CHECKLIST
a.
b.
c.
d.
e.
i.
ii.
iii.
f.
g.
h.
i.
j.
4. FINANCIAL NARRATIVE & ATTACHMENT CHECKLIST
a.Project pro forma See attached
b.Annual Audit for each partner See attached narrative
c.
d.
i.
ii.
iii.
A copy of the fiscal year budget of the tax‐exempt partner;
A detailed plan explaining how projected revenues are intended to be used by the tax‐exempt partner; this should provide
sufficient explanation to understand the strategic plan for the projected additional revenue and how it will provide an
enhancement or benefit to the community. The plan should also address any community service contributions and investments
planned by the tax‐exempt partner and for‐profit developer.
Primary Developer is RISE Residential Construction, LP. Se resume and list of projects attached. RISE Residential Construction, LP; Attn: Melissa Fisher;
TIN#43‐2014240
Primary Developer is RISE Residential Construction, LP. Se resume and list of projects attached. RISE Residential Construction, LP; Attn: Melissa Fisher;
TIN#43‐2014240
A financial narrative for the project must be attached to this application. Please address, at a minimum, each of the following items including
supporting attachments:
A project narrative and attachments must be attached to this application and briefly address, at a minimum, each of the following items:
Letter of support and/or opposition from the neighborhood association;
Letter of support and/or opposition from the school district(s) (if project will be tax exempt); ‐ Forthcoming
Census tract map with site identified;
Location map “all” multi‐family developments highlighting affordable housing within two miles of the proposed site;
TDHCA self score ‐ Please attach TDHCA Self‐Score Matrix ‐ Sample provided in Attachment A.
Describe the taxable status of the development. Indicate whether the development will be paying property taxes or if the development will
be tax exempt;
If project will be tax exempt, provide: ‐ See Attached
A projected loss of property taxes (to each taxing entity and in total) over the 15‐year period, and include assumptions and
comparable properties utilized;
Preliminary Site Plan ‐ Provide a preliminary site plan for the proposed project;
Describe tenant population(s), restrictions (e.g. income or age restrictions) and access to supportive services demonstrated through
provision of or proximity to community resources – schools, libraries, public facilities, nonprofits, health care and food security, public
transit etc. if any, to be provided to or made available to residents;
Describe the project’s quality of design and construction;
Provide a list of basic amenities and unit amenities proposed for the project;
Letter of zoning verification or status of rezoning request from the City ‐ Include a letter from the City of Denton’s Development Services
Department verifying that the current zoning of the site for the proposed project is compatible with the anticipated use, or include
documentation verifying that a request to change current zoning has been submitted;
Demonstrate the project’s compatibility and alignment with the priorities stated in the City’s Comprehensive Plan, Future Land Use Map,
Consolidated Plan, and any other applicable master, strategic, and redevelopment or neighborhood plans adopted by the City of Denton;
Support and/or opposition from community ‐Describe the impact the project is anticipated to have on surrounding neighborhood and
involvement and support from local stakeholders and neighborhood organizations; include a list of stakeholders and neighborhood
associations contacted. Attach all letters of support or opposition to your project and/or documentation of each notification/response:
Letter of support and/or opposition from the County (if project will be tax exempt) ‐ Forthcoming
Approved: Resolution 18‐756 onMay 8, 2018 Page 2 of 3
Note attachment of the 2020 City of Denton commissioned report (at the end of the supplement) on the need for affordable housing
151
City of Denton
Housing Tax Credit (HTC) ‐ Request for Support
Application
5.
City of Denton 2021 Important Dates for 9% Request for Support*:
Based on annual deadline from TDHCA, specific dates are subject to change. Please visit ww.cityofdenton.com for current deadlines.
*Housing Tax Credit 4% Request for Support will complete the same steps above but may be submitted year‐round.
Applications for the Request for Support for 4% must be submitted at least 60 days prior to when the letter must be submitted by the applicant to TDHCA.
Legal Name of Developer/Entity
Authorized Officer Title
Signature Date
version: October 01, 2020
The applicant/developer certifies that the data included in this application and the exhibits attached is true and complete to the best of
my knowledge. The statements are made for the purpose of obtaining a resolution or resolutions from the Denton City Council. I
understand that false statements may result in forfeiture of benefits and possible prosecution by the City Attorney.
TX Legacy Denton, LP
Managing Member of the Co‐Developer
1/11/2021
Jack Traeger
SUBMISSION INFORMATION
The Community Development Division serves as the City’s primary staff and point of contract for all TDHCA programs. Completed
applications should be submitted to: Community Development 601 E Hickory Suite B Denton, TX 76205 or email at:
community.development@cityofdenton.com
Before a project will be evaluated, each applicant requesting support must submit a completed application with all attachments.
Applicant must attend all City Council meetings where these Resolutions are discussed. Staff will inform the applicant, using the e‐mail
addresses provided, of the meeting dates as soon as they are determined.
CERTIFICATION
February 2021:
Application Deadline
Presentation from Applicant(s) at City Council Work Session (02/02/21)
Consideration of Resolution(s) at City Council Meeting (02/09/21)
Meeting with applicable staff ‐ Week of 01/18/21January 2021:
January 11, 2021:
February 2021:
Approved: Resolution 18‐756 onMay 8, 2018 Page 3 of 3152
Legacy in Denton Apartments
City of Denton Tax Credit Application Support Documents
3(e) ‐ Describe the impact the project is anticipated to have on surrounding neighborhood and
involvement and support from local stakeholders and neighborhood organizations; include a
list of stakeholders and neighborhood associations contacted
The property will provide reasonably priced housing for the working families Denton. This particular
location will allow easy access for the working families, families with high school age children,
typically the teachers, firefighters, police, retail establishment workers, for them to be integrated
closer to the center of the communities they serve and to their daily activities. With the number of
units anticipated (264 units), the city will benefit from the local revenue families generate, especially
when less of their income is spent on housing. In addition, the City will benefit from the impact fees
and monthly revenue generated from water, sewer and trash fees from the residents. Consistent with
the City of Denton’s Affordable Housing Assessment initiative, with these more affordably priced
units, the residents will be able to redistribute their monthly income into the rest of the community
and give the community residents housing in an area determined in part, to be currently
unaffordable. The ownership structure is such that the owners are long-term owners, who will have
a vested interested in building with better, longer term products and a group that will be accountable
to the surrounding community for an extended period. The neighborhood association that has been
contact is the Ashli Oaks MHP, which is located approximately one-third of a mile east of the site. All
other homeowners’ associations are located outside a one-mile radius of the site. The developer has
contacted the Ashli Oaks MHP and it has not been able to obtain a response from its manager. A copy
of those attempts is attached. In addition, the developer has contacted the neighboring property
owners for input and communicated our plans in more than just a singular mailed notification,
specifically Mr & Mrs. Stout, Grace Like Rain, CPS Denton 2000, Craig Irwin and Sayr Resources. The
balance of the surrounding property owners have failed to respond, however, currently, the
respondents have responded favorably.
3(g) ‐ Tenant population(s), restrictions (e.g. income or age restrictions) and access to
supportive services demonstrated through provision of or proximity to community resources
– schools, libraries, public facilities, nonprofits, health care and food security, public transit
etc. if any, to be provided to or made available to residents
The proposed project site, which is +/- 16.1 acres, is located in the site currently R-7, allowing
multifamily development in the Denton ISD, within the city limits of Denton, Texas. The site’s location
will give residents easy access to other parts of Denton and the surrounding communities, including
direct access to the newly expanding Highway 380, which leads to main retail shopping at Rayzor
Ranch. Located within close proximity of the project site are:
• Several grocery stores (Aldi <.75 miles, Kroger 1.15 miles)
• Several Pharmacies (Kroger -1.15 miles, Walgreens – 1.3 miles)
• Kid Zone Learning Center (<.5 miles)
• Childcare Network (<.80 miles)
• LA Fitness (1 mile)
• Lone Star Indoor Sports Center (.25 miles)
• Texas Women’s University (<3.0 miles)
• Denton Ryan High School (.10 miles)
• Denton City Fire Station 2 (.85 miles)
• Texas Department of Public Safety (adjacent property)
• Denton County Law Library (1.87 miles)
• Denton County Public Health (<.50 miles)
Local Organizations servicing this property include:
153
Legacy in Denton Apartments
City of Denton Tax Credit Application Support Documents
• Apartment Life
• Meal on Wheels
• REACH, Inc.
• Denton United Way
In addition, Denton Connect Route 3 has service running past this site (.10 miles) on a daily basis
every 22 minutes, on average starting at 6:01am and ending at 9:00pm. Weekends, the bus route
changes to every hour, starting at 8:11am and ending at 6:11pm. The property will have income
restrictions to the residents, as well as rental limitations to those prospective residents. The
population of the community will be families as well as seniors; however, there will not be any age
restrictions on the property. In addition, the property will utilize income averaging for its residents,
which will allow a greater spectrum of qualified applicants. Certain residents are anticipated to be
sourced through the local housing authority.
Residents will enjoy common amenities that include a club house with a dog park, fitness center,
business center with computers and internet access, a community room, swimming pool, landscaped
courtyards, controlled access to the property and elevators in each building. In addition, residents
will enjoy an activity room, furnished community room and wifi for the entire development. The
development plans to provide high quality senior rental housing for residents in a safe, clean,
beautiful environment. In addition, the development will be finished out with energy efficient
appliances and features. Note that there is currently an initiative to run a path along Pecan Creek,
which is located to the south of the property, and the residents will have access to this as well.
3(h) ‐ List of basic amenities and unit amenities proposed for the project ‐ See attached.
3(i) ‐ Project’s quality of design and construction
Initially, the property is expected to spend in excess of what TDHCA considers to be “High Cost
Development” on construction, These costs will consist of on site improvements, clubhouse,
elevators, granite countertops, dog park, pool and washer and dryer in each unit. The Owner is a
long-term owner of the property and must hold the property for at least fifteen years. Because of the
required holding term, the quality of construction is carefully considered, so that construction
upgrades are considered, so that operations can manage a better-quality asset with less maintenance.
In addition, the Owner is more accountable to the community in this type of development.
3(j) ‐ Alignment with the priorities in the City’s Comprehensive Plan, Future Land Use Map,
Consolidated Plan, and any other applicable master, strategic and redevelopment or
neighborhood plans adopted by the City of Denton.
The property was previously zoned NRMU-12, which allowed multifamily development, and the
2030 Denton Development Code, enacted October 1, 2019 continued to allow multifamily and
residential development at this site. The R-7 zoning code is specifically designed to encourage
walking to amenities such as parks and school facilities. Situate across the street from Denton Ryan
High School be in alignment with this objective. Additionally, a Specific Use Permit is required for
the intended use for the property. The Owner is in the process of securing the Specific User Permit.
The Future Land Use lists the area as Community Mixed-Use.
In addition, the road that runs along the north side of the property (East McKinney Street) is being
widened for increased capacity and improved pedestrian access and safety. The R7 district that this
property is zoned also has the objective of contributing to a safe environment for pedestrians and
bicyclists. There will be a continuous turn lane in the new roadway, which will allow for traffic to be
154
Legacy in Denton Apartments
City of Denton Tax Credit Application Support Documents
directed south into the subject property as well as the two adjacent properties, without an
interruption to the traffic flow. In addition, the speed limit for this roadway has been decreased from
45 mph to 35 mph. Note that the property will have access to a crosswalk approximately 600 feet
the east of the property and 550 feet to the west of the property, with a sidewalk running along
McKinney Road, on the north side of the property. In addition, the property will have two secured
points of access to the property along McKinney Drive.
Please note that The City of Denton also commissioned a study on Affordable Housing, which was
conducted by Reinvestment Fund and the report issued August 5, 2020 outlines the findings of that
report, which indicate affordable housing is an issue, At 50%, 80%, 100% and 120% of AMI, the area
where this property is located was determined to be unaffordable. This development will solve that
issue. Excerpts from the report are attached.
4(a) – Project proforma ‐ See attached.
4(b) – Annual Audit for each partner
This is a single purpose entity, with an institutional partner purchasing the tax credits as the limited
partner. That partner has yet to be determined. The General Partner will be a single purpose entity
which has had no activity prior to this project. A copy of the developer’s financial statement, REO
Schedule and resume are attached.
4(c) – Taxable status of the development. Whether it will be paying property taxes or if the
development will be tax exempt. ‐ The current intent is for the development to be tax-exempt.
155
Legacy in Denton Apartments
4298 E McKinney, Denton, TX 76208
2021 9% Tax Credits
232 units
Current Property Taxes Denton Municipal
#562271DEN #562272DEN Total Utilities Rates Electric Water Wastewater Solid Waste FY20-21
2020 $12.74 $4.58 $17.32 Facility Charge $8.67 $15.84 $11.00 $25.04
2019 $13.09 $4.80 $17.89 Volume Charge $0.10250 $0.00405 $0.00380
2018 $13.67 $5.00 $18.67
2017 $13.83 $5.07 $18.90 Historical per month $129.26 $54.18 $33.12 $24.51 $229.93
2016 $15.60 $5.71 $21.31
2015 $15.72 $5.76 $21.48 1,200 kWH/mo $9,200 gal/mo $5,400 gal/mo Standard
Assessed Value $681,061 $245,154 Electric Water Wastewater Solid Waste
Annual Annual Annual Annual Annual
Palladium Denton $1,334/unit 232 units $332,870 $139,524 $85,291 $63,118 $592,116
92.5% occupancy
Rates
City 0.590454% 0.590454%
County 0.225278% 0.225278%
ISD 1.470000% 1.470000%
Total Rate 2.285732% 2.285732%
Total Tax Value $15,567 $5,604 $21,171 (If left vacant) $1,334/unit Avg >$.20/nrsf
Develop Benefit Loss Benefit Net Benefit
As-Is Add'l Revenue Property Tax Rent Savings
Current Utilities ISD City County Per Unit basis to Community Annual Gain
Annual Increase 5% incr/yr 2% incr/yr 5% incr/yr 2% incr/yr
Year 1 $22,229 $603,958 $198,991 $79,929 $30,495 $309,415 $837,323 $527,907
Year 2 $23,340 $616,037 $208,941 $83,925 $32,020 $324,886 $854,069 $529,183
Year 3 $24,507 $628,358 $219,388 $88,122 $33,621 $341,130 $871,150 $530,020
Year 4 $25,733 $640,925 $230,357 $92,528 $35,302 $358,187 $888,573 $530,386
Year 5 $27,019 $653,744 $241,875 $97,154 $37,067 $376,096 $906,345 $530,249
Year 6 $28,370 $666,819 $253,969 $102,012 $38,920 $394,901 $924,472 $529,571
Year 7 $29,789 $680,155 $266,667 $107,113 $40,866 $414,646 $942,961 $528,315
Year 8 $31,278 $693,758 $280,000 $112,468 $42,910 $435,378 $961,820 $526,442
Year 9 $32,842 $707,633 $294,000 $118,092 $45,055 $457,147 $981,057 $523,909
Year 10 $34,484 $721,786 $308,700 $123,996 $47,308 $480,005 $1,000,678 $520,673
Year 11 $36,209 $736,222 $324,135 $130,196 $49,673 $504,005 $1,020,691 $516,687
Year 12 $38,019 $750,946 $340,342 $136,706 $52,157 $529,205 $1,041,105 $511,900
Year 13 $39,920 $765,965 $357,359 $143,541 $54,765 $555,665 $1,061,927 $506,262
Year 14 $41,916 $781,285 $375,227 $150,718 $57,503 $583,449 $1,083,166 $499,717
Year 15 $44,012 $796,910 $393,989 $158,254 $60,378 $612,621 $1,104,829 $492,208
Totals $479,670 $10,444,503 $4,293,940 $1,724,753 $658,038 $6,676,738 $14,480,167 $7,803,430
$9,964,833
Section 4(d)(ii) - A copy of the fiscal year budget of the tax-exempt partner is not available. The partner has yet to be determined.
The Resident Services currently contemplated include:
X Children Supportive Services - HQ Pre-K program. 12 hours/week
X Health - annual health fair
X Community Supportive - Notary services
X Community Supportive - 2x/month - onsite social events
X Community Supportive - specific service coordination services
X Additional Amenities are available to the residents. Please see attached.
See comps on following page
Section 4(d)(i)- The projected Property Tax revenue loss, due to an exemption, over the next 15-year period is expected to be $6,676,738, using a 5% annual increase using an equivalent
assessment value, per unit basis, for the most recently built affordable development. This loss of property tax revenue is expected to be offset by resident rental savings, which, when
compared with market rate properties on a per square foot basis, total $14,480,167 over that same 15-year term. This represents a $7,803,430 benefit to the residents, allowing residents
to spend additional funds in the community. In addition, based on Utility Rate History obtained from the City of Denton, and assuming a 92.5% occupancy during the 15-year term, the City
of Denton Utilities will achieve additional $10,444,503 in utility revenue. If the property were to remain undeveloped, the City would realize only $479,670 in property tax revenue over
the 15-year term, assuming a 5% annual increase in its current value. This represents a $9,964,833 benefit to the City.
Section 4(d)(iii)- The revenues of the tax-exempt partner are intended to invest back into the property and to provide resident services to the community. Among those are development
features in excess of those required by TDHCA, as well as unit features in excess of those required by TDHCA and Resident Services to the residents during the term of the investment.
The property is developing relationships and have letters of support from local and national non-profits to partner with them in achieving their mission within the community. To date, the
property has obtained the support of the United Way of Denton and REACH, Inc. Please see the letters of support and their applicable mission material.
156
Yr Built 2020 PropTax
Palladium Denton 2017 $1,334/unit
Veranda 2015 $/unit
Roxton 2011 $1,179/unit
Property Name 1bdr/1 bth 2dbr/2bth 3bdr/2bth
Rayzor Ranch $1.69/sf $1.64/sf
EPIC Apts $1.49/sf $1.37/sf $1.28/sf
Urban Square $1.53/sf $1.30/sf $1.23/sf
Majestic Park $1.48/sf $1.28/sf
Garden of Denton $1.38/sf $1.27/sf
Palladium Denton $1.44/sf $1.45/sf $1.39/sf
East End Lofts at Railyard $1.50/sf $1.31/sf $1.32/sf
Average $1.50/sf $1.37/sf $1.31/sf
HTC Rate $1.30/sf $1.11/sf $1.10/sf
Difference $.20/sf $.26/sf $.21/sf
PROPERTY TAX COMPARABLE
RENTAL RATES
157
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Department of Development Services / Planning Division
215 W. Hickory St., Denton, TX 76201 (940) 349-8541
OUR CORE VALUES
Integrity Fiscal Responsibility Transparency Outstanding Customer Service
ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989
April 10, 2020
Jack Traeger
2625 Serenity Court
Carrollton, TX 75010
SUBJECT: ZV20-0027, 4298 E McKinney
Jack Traeger:
This letter is to confirm that the zoning classification for the above subject property, commonly known as 4298
E McKinney, Denton, Texas is Residential 7(R7). The zoning ordinance for this property has been in effect
since May 10, 2019. For your review, I have attached a listing of permitted uses. The following information
about this property is on file:
PHYSICAL ADDRESS: 4298 E McKinney
LEGAL DESCRIPTION: A0417A M. FORREST, TR 151D, 11.4638 ACRES
ZONING DISTRICT: Residential 7(R7)
ZONING ORDINANCE: DCA18-0009, May 10, 2019
PLAT STATUS: Unplatted
PROPERTY TAX ID: 562271
The above information is applicable to the highlighted property on the accompanying map.
If I can be of further assistance, you may contact me at (940) 349-8541.
Sincerely,
Christian Garcia
Christian Garcia
Project Manager
Attachments: Location Map
Permitted Uses
cc: Jack Traeger
2625 Serenity Ct
Carrollton, TX 75010
162
PRIVATE
MCKINNEY
MORSE
TARTAN
WHITING
PAULIE
ABBY
KAYANNEMAYHILLGLENNGARYKOSSMANCOLEGAELICCARPENTERZV20-0027Site Location
0 250 500125Feet
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.
SITE
Parcels
Roads
µ
E McKinney St
Date: 4/10/2020 163
PRIVATE
MCKINNEY
MORSE
TARTAN
WHITING
PAULIE
ABBY
KAYANNEMAYHILL GLENNGARYKOSSMANCOLEGAELICCARPENTERR4
R3
MN
RR
R7
HI
R2
PF
GO
SC
ZV20-0027Current Zoning Map
0 250 500125Feet
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.
SITE
Parcels
Roads
µ
E McKinney St
Date: 4/10/2020
Current ZoningZoning Districts
RR - Residential Rural
R1 - Residential
R2 - Residential
R3 - Residential
R4 - Residential
R6 - Residential
R7 - Residential
MN - Mixed-Use Neighborhood
MD - Mixed-Use Downtown Core
MR - Mixed-Use Regional
HC - Highway Corridor
SC - Suburban Corridor
GO - General Office
LI - Light Industrial
HI - Heavy Industrial
PF - Public Facilities
PD - Planned Development
MPC
OVERLAY
164
Department of Development Services / Planning Division
215 W. Hickory St., Denton, TX 76201 (940) 349-8541
OUR CORE VALUES
Integrity Fiscal Responsibility Transparency Outstanding Customer Service
ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989
April 10, 2020
Teresa Morales
221 E. 11th Street
Austin, TX 78701-2410
SUBJECT: ZV20-0028, 4298 E McKinney
Teresa Morales:
This letter is to confirm that the zoning classification for the above subject property, commonly known as 4298
E McKinney, Denton, Texas is Residential 7(R7). The zoning ordinance for this property has been in effect
since May 10, 2019. For your review, I have attached a listing of permitted uses. The following information
about this property is on file:
PHYSICAL ADDRESS: 4298 E McKinney
LEGAL DESCRIPTION: A0417A M. FORREST, TR 151A(IN CITY), 4.1932 ACRES
ZONING DISTRICT: Residential 7(R7)
ZONING ORDINANCE: DCA18-0009, May 10, 2019
PLAT STATUS: Unplatted
PROPERTY TAX ID: 562272
The above information is applicable to the highlighted property on the accompanying map. If I can be of further
assistance, you may contact me at (940) 349-8541.
Sincerely,
Christian Garcia
Christian Garcia
Project Manager
Attachments: Location Map
Permitted Uses
cc: Jack Traeger
2625 Serenity Court
CARROLLTON, TX 75010
165
PRIVATE
MCKINNEY
MORSE
TARTAN
WHITING
PAULIEMAYHILL GLENNGARYKOSSMANGAELICCARPENTERZV20-0028Site Location
0 250 500125Feet
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.
SITE
Parcels
Roads
µ
E McKinney St
Date: 4/10/2020 166
PRIVATE
MCKINNEY
MORSE
TARTAN
WHITING
PAULIEMAYHILLGLENNGARYKOSSMANGAELICCARPENTERR4
R3HI
MN
RR
R7
PF
R2SC
GO
ZV20-0028Current Zoning Map
0 250 500125Feet
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.
SITE
Parcels
Roads
µ
E McKinney St
Date: 4/10/2020
Current ZoningZoning Districts
RR - Residential Rural
R1 - Residential
R2 - Residential
R3 - Residential
R4 - Residential
R6 - Residential
R7 - Residential
MN - Mixed-Use Neighborhood
MD - Mixed-Use Downtown Core
MR - Mixed-Use Regional
HC - Highway Corridor
SC - Suburban Corridor
GO - General Office
LI - Light Industrial
HI - Heavy Industrial
PF - Public Facilities
PD - Planned Development
MPC
OVERLAY
167
168
December 2, 2020
Marni Holloway
Texas Department of Housing and Community Affairs
221 East 11th Street
Austin, TX 78701
RE: Proposed Legacy at Denton Apartments
4298 E McKinney, Denton, Texas 76208
Mrs. Holloway,
I am writing this letter of support for the 2021 application round of Housing Tax Credits for
the proposed Legacy at Denton Apartments, to be located at 4298 E. McKinney, Denton,
Texas 76208, Denton County.
Grace Like Rain is an organization and has the overall betterment, development, and
improvement of the community we serve as one of our. We seek to see families’ lives
transformed breaking the cycle of poverty and homelessness. Please see the enclosures as
evidence of our tax-exempt status and our existence and participation in the community.
We look forward to working with the staff and residents at this apartment community once
it is constructed.
Sincerely,
Michelle Conner
CEO
169
170
TDHCA Self‐Score Sample MatrixPer Danielle Shaw, with City of Denton, this is not required for 4% HTC projects. It is required for 9% only.
TDHCA Self‐Score Category (Based on 2018)
Max
Program
Points
Self Score
Unit Size 7 Quality (15)xx
Unit Size (8) 8 8
Unit and Development Features (7) 7 7
Sponsor Characteristics (HUB)22
Income Levels of Tenants (16)16 16
Rent Levels of Tenants (13)13 11
Tenant Services ( w/SHP 11 all others 10)11 10
Opportunity Index (up to 7)7x
A.1 ‐ 1st or 2nd Quartile with <20% poverty (2) 1
A.2 ‐ 3rd Quartile next to 2nd (1 pt)
B.1 ‐ 1/2 Mile from Playground (1)
B.2 ‐ 1/2 mile from Pub. Transportation 1
B.3 ‐ 1 mile from Grocery or Pharmacy (1) 1
B.4 ‐ 3 miles from Emergency Room or Urgent Care (1)
B.5 ‐ 2 miles from child care (1) 1
B.6 ‐ Crime rate of 26 per 1,000 (1)
B.7 ‐ 1 mile from public library (1)
B.8 ‐ 5 miles from University or Community College (1) 1
B.10 ‐ Age 25 with Assoc Deg > 27% (1) 1
B.12 ‐ 1 mile indoor recretion (1)
B.13 ‐ 1 mile outdoor recreation (1) 1
B.14 ‐ 1 mile of church or civic club (1)
B.15 ‐ Meals on Wheels service area (1)
Underserved Area (up to 5)xx
A. Colonia (2)* 0 0
B. Economically Distressed (1)* 0 0
C. CT with no HTC ever (3) 3 3
D. CT (not C.) with no HTC under 15 yrs (2) 0 0
E. CT with no HTC or contiguous no HTC for 15 yrs (5) 0 0
Special Housing Needs at least 5% Set‐Asides (2)22
Proximity to Urban Core (5pts) n/a pop under 200K*0x
Pop of 200k or more ‐ 2 miles x
Pop of 500k or more ‐ 4 miles x
Readiness for Disaster FEMA Designation (5)*05
Local Gov. Letters of Support/No Objections (17‐7)*00To be determined
LPS Funding 10To be determined
Declared Disaster Area 10 10
Quantifiable Community Participation (9)*04
State Representative Support (9)*00To be determined
Financial Feasibility (18)18 18
Cost of Development/Sq.Ft. (12)12 12
Pre‐Application Participation (6)66
Leveraging of Resources (3)33
Extended Affordability (2)22
Historic Preservation (5) 75%in Historic Structure 00
Right of First Refusal 11
Funding Request Amount 11
Total Full App Self Score Points 123 128
*City not eligible or not applicable at the time of self‐scoreAttachment A.171
Denton McKinney Ave. Apartment Home
Denton, TX 75201
Enjoy the best of both worlds...new construction, modern design, stone and brick accented
exterior design located only minutes from shopping, entertainment, high quality schools, and easy
access to all Denton has to offer. This upscale community offers spacious, studios, one, two, and
three-bedroom floor plans with Class A- amenities in each unit. The site offers a large clubhouse
with pool, spa, sports courts, age appropriate play-grounds and related amenities. This is a mixed
income, workforce and market rate housing development offering well-appointed and fully
equipped living units. Whatever your lifestyle, these apartments offer something for everyone in
the family.
Apartment Features
Community Features
Private patios and balconies with storage Resort style swimming pool
Ceiling fans in every room Playgrounds (age appropriate)
Walk-in showers (2 bath units) Fully equipped clubhouse
Garden tubs Endless Pool\Spa feature
Built in cabinets Fully Equipped Fitness center
Washer/dryers provided Game Room w\WIFI for gaming
Designer kitchen with built in
microwaves
Shopping & restaurants a short distance
(walking distance in many cases)
GE, Kenmore or Whirlpool appliance
package (black or stainless)
Carports for lease (unless limited by rule)
Designer countertops w Granite- or
equivalent
Community entertainment services and
recreational activities for residents
Decorative niches with wood plank
flooring or equivalent
Gated Entry with controlled access
Tile entryways Opticom laser emergency system at entry
gates
172
Denton McKinney Ave. Apartment Home
Denton, TX 75201
Aesthetics and Design Features
Enhanced architectural styles ● 100% masonry+faux, stonebrick
accent
Interior landscaping and seasonal color
planting
15 to 25 interior shade trees
Over 25,000 square feet (1/2~ acres) of
transitional buffer area with 30 evergreen
and deciduous trees
3 story building height
Meets the area and City of design
standards
Decorative wrought iron perimeter
fencing around the pool and front of the
property
Facts
Item Key Metrics
Units 264 (16.0 units/acre total)
Structures 9 buildings
Structure Types 3 story-elevator served
Parking 500/48/10
Covered Parking 264 +-available
Transitional
Buffer Area
43,800 1/300
Transitional
Buffer Trees
30
Street Trees 10
Interior Trees 20
Parking Trees Screening parking Covered parking
Entryway Opticom laser emergency
system
Fence LIMITED IN THIS CITY/CO
DESIGN STANDARD
Double sided wood and 6.5
masonry columns with 6’
metal post
Amenities Clubhouse +-6000 sq. ft.
(lounge, kitchen, WIFI
computer center, fitness
center, business center,
mgt & leasing office)
Swimming Pool and Spa
or Splash park
Indoor Fitness Area
Garden Pavilion
Minimum
Masonry
Minimum 100%
Brick, Hardy, Faux Stone
and/or Stucco accent
Gross acreage +-16
Net Area +- 13.0
Density
Requested
22 units per acre or less
All amenities, fixtures and sizing are conditioned upon approvals from the
City of Denton.
173
Legacy in Denton Apartments4298 E McKinney, Denton, TX 762082021 9% Tax Credits9% HTCOPERATING PRO FORMAYear12 3 4567891011121314152021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035IncomeGross Potential Revenue $998/Unit $2,778,286 $2,833,852 $2,890,529 $2,948,340 $3,007,306 $3,067,453 $3,128,802 $3,191,378 $3,255,205 $3,320,309 $3,386,716 $3,454,450 $3,523,539 $3,594,010 $3,665,890Other Income $20/Unit $55,680 $56,794 $57,929 $59,088 $60,270 $61,475 $62,705 $63,959 $65,238 $66,543 $67,874 $69,231 $70,616 $72,028 $73,469Interest Earnings on DSRF $0.00 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Less: Vacancy 7.50% ($212,547) ($216,798) ($221,134) ($225,557) ($230,068) ($234,670) ($239,363) ($244,150) ($249,033) ($254,014) ($259,094) ($264,276) ($269,562) ($274,953) ($280,452)TOTAL REVENUE $2,621,419 $2,673,847 $2,727,324 $2,781,871 $2,837,508$2,894,258 $2,952,143 $3,011,186 $3,071,410 $3,132,838 $3,195,495 $3,259,405 $3,324,593 $3,391,085 $3,458,907ExpensesOperating $3,246/Unit $753,139 $775,733 $799,005 $822,975 $847,665$873,095 $899,287 $926,266 $954,054 $982,676 $1,012,156 $1,042,521 $1,073,796 $1,106,010 $1,139,190Management Fee 4.00% $452/Unit $104,857 $106,954 $109,093 $111,275 $113,500 $115,770 $118,086 $120,447 $122,856 $125,314 $127,820 $130,376 $132,984 $135,643 $138,356Property Taxes $/Unit $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Reserves 3% $250/Unit $58,000 $59,740 $61,532 $63,378 $65,280 $67,238 $69,255 $71,333 $73,473 $75,677 $77,947 $80,286 $82,694 $85,175 $87,730Land Lease Payment $/Unit $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0TOTAL EXPENSES 34.94% $3,948/Unit $915,996 $942,427 $969,630 $997,628 $1,026,444 $1,056,103 $1,086,628 $1,118,046 $1,150,383 $1,183,666 $1,217,923 $1,253,182 $1,289,474 $1,326,828 $1,365,277NET OPERATING INCOME$1,705,423 $1,731,420 $1,757,694 $1,784,242 $1,811,064 $1,838,156 $1,865,515 $1,893,140 $1,921,027 $1,949,172 $1,977,572 $2,006,223 $2,035,119 $2,064,256 $2,093,6302:12 PM 1/12/2021Page 1 TDHCA UW - 4298 E MCKINNEY RD with taxes (9percent)-jt(1-8-2021)
174
Property Name Property Address
Property
Type
New or
Rehab Units Yr Built
Colonial Hillcrest Apartments 604 N. 5th Street, Carlsbad, NM 88220 MF Rehab 76 1971
Bellfort Park Apartments 4135 W. Bellfort Ave., Houston, TX 77025 MF Rehab 64 1977
Grand Manor Apartments (Victory Park) 2700 N. Grand Avenue, Tyler, TX 75702 MF Rehab 120 1980
Red Rock Apartments--- RH Value add 6351 Vega Street, Ft Worth, TX MF Rehab 216 1985
Chaparral Apartments--RH Value add 6520 Red Sierra Drive, Ft Worth, TX MF Rehab 200 1990
Rush Creek Apts 1200 W. Sublett Rd, Arlington, TX 76017 MF NC 248 2005
Champion on the Green 11201 Veterans Memorial Prkwy, Houston, 77067 TH NC 238 2005
Providence Place 3500 Quail Creek Dr., Denton, TX 76208 MF NC 280 2005
Providence on the Park 8501 Old Hickory Trail, Dallas, TX 75237 MF NC 280 2005
Champion at Marshall Meadows 1803 Marshall Cross, San Antonio, TX 78214 MF NC 250 2006
Port Royal Homes 5350 W. Military Hwy. San Antonio, TX 78242 MF NC 250 2006
Champion at Mission del Rio 927 VFW Blvd., San Antonio, TX 78223 MF NC 180 2006
Home of Pecan Grove 3131 Simpson Stuart Rd., Dallas, TX 75241 TH NC 250 2006
Villas at Winkler Senior Living 8625 Winkler Drive, Houston, TX 77017 Senior NC 240 2006
Tropical Gardens at Boca Chica 250 Ash Street, Brownsville, TX 78521 MF NC 158 2006
Edinburg Senior Towers 201 N. 13th Street, Edinburg, TX 78541 MF NC 100 2006
Alta Vista Senior Towers 303 6th. Street, Weslaco, TX 78596 Senior NC 100 2007
Centerpointe Homes 3401 Diamond, Weslaco,TX 78596 SF NC 36 2007
Candlewick Town Homes 1155 Parades Line Rd., Brownsville, TX 78521 TH NC 132 2007
Brittany Place Homes II 3500 Normandy Drive, Port Arthur, TX 77642 TH NC 96 2008
Brittany Place Homes II 3501 Brittany Avenue, Port Arthur, TX 77642 SF NC 100 2008
Champion Homes at Bay Walk (Seaport Village) 7200 Hurds Lane, Galveston, TX 77551 MF NC 192 2011
Champion Homes at Marina Landing 7302 Hurds Lane, Galveston, TX 77551 MF NC 256 2012
Champion Homes at Canyon Creek 1701 Canyon Circle, Brownsville, TX 78521 MF NC 100 2012
Mayorca Villas Apartments (Vista Monterrey)600 Jose Marti, Brownsville, TX 78521 MF NC 120 2015
Lake Dallas Apartments (Lakeshore) 300 E. Swisher Rd., Lake Dallas, TX 75065 MF NC 140 2015
The Azure Midland Apartments 1200 Albert Avenue, Midland, TX 79701 MF NC 156 2015
Majors Place Apartments 6109 Jack Finney, Greenville, TX 75401 MF NC 176 2016
Plano Gateway--Senior Living 401 Shiloh Road, Plano, TX 75074 Senior NC 292 2016
City Square Artists Lofts 504 Avenue B, Garland, TX MF NC 126 2016
Austin Colorado Creek Hwy 71 and TX 130, Austin, TX MF NC 240 2017
Henderson 1575-(Indian Lake) Henderson and Old Alice, Los Fresno, TX MF NC 80 2017
Austin Creekview Apartments Old Manor and Springdale, Austin TX MF NC 264 2018
Lakeview Senior Living 7500 Lakeview Parkway, Rowlett, TX 75088 Senior NC 272 2018
Austin Boyce and Parmer Apartments Boyce Land and Parmer Lane, Austin ETJ, TX MF NC 280 2018
Totals 6,308
RISE Residential Construction and Sonoma Housing Advisors
Schedule of Developments
175
OUR REPUTATION
As one of the most experienced multi-family housing builders and developers
in Texas — a woman-owned Historically Underutilized Business (HUB) —
RISE RESIDENTIAL CONSTRUCTION LP has earned a reputation for building
high-quality, single- and multi-family residences, on time and on budget.
Over the years, RISE has earned the trust of project partners, fi nanciers, suppliers,
community leaders and the residents we serve. Our solid reputation results from
an unwavering commitment to quality, value, strong principles, and focus on the
interests of both our partners and future residents.
Because at RISE, we aren’t just building quality homes and communities.
We are building excellence.
OUR COMMITMENT
In the construction industry, results matter. At RISE RESIDENTIAL CONSTRUCTION,
we approach every project and every property with an unwavering commitment
to building excellence.
Quality
Excellence begins from the ground up and is accomplished through
good planning, design, craftsmanship, hard work and attention to detail.
Our commitment to excellence produces quality results. Every time.
Value
RISE creates value by doing it right the fi rst time. We save time and money
by tapping into our team’s experienced know-how, and by implementing
innovative solutions and technologies. Value derived during the development
and construction process extends to future tenants who benefi t from attractive,
comfortable and aff ordable housing.
Reliability
From research and design to project management and construction, our team
builds trust through sound planning, adherence to budgets and timelines,
consistent communication and timely completion.
Relationships
The development and construction business depends on both hammers and
handshakes. At RISE, we work hard to earn the trust of our stakeholders, including
project partners, investors, suppliers, subcontractors, community leaders and of
course, the residents we serve. Once trust is earned, we work even harder to keep it.
Experience
With nearly four decades of combined experience, our team has completed more
than 7,000 high-quality residences in Texas and New Mexico.
Building Excellence.16812 Dallas Parkway
Dallas, Texas 75248
972.701.5555
www.RISE-RESIDENTIAL.com
As published in:
Aff ordable Housing Finance, April 2015
TOP 50
AFFORDABLE HOUSING DEVELOPERS
2015
TOP 50 DEVELOPERS
176
OUR EXPERIENCE
RISE Residential Construction LP is a full-service design, development,
construction and consulting fi rm known for delivering high-quality housing —
on time and on budget — providing a competitive edge to owners, developers
and fi nanciers, while off ering people a great place to live.
Since 2003, our team has completed more than 200 single-family, multi-family,
mixed-use and senior developments, providing some 7,000 high-quality
residences across Texas and in New Mexico. RISE off ers quality craftsmanship and
high-end amenities for both market-rate and aff ordable properties. The result is
an unwavering commitment to building attractive homes, enhanced lifestyles,
and stronger communities. And a reputation for building excellence.
Multi Family
Senior Living
OUR VISION
RISE is working aggressively to meet the growing demand for high-quality,
multi-family housing. Through good design, quality construction and green
building practices, RISE off ers excellent craftsmanship and high-end amenities
for both market-rate and aff ordable properties. We are committed to building
attractive homes, enhanced lifestyles and stronger communities.
Amenities include:
• Open-concept kitchens, dining and living rooms
• Gourmet kitchens with Energy Star appliances
• Spacious bedrooms and closets
• Stylish interiors with designer colors and fi nishes
• Full-sized washers and dryers
• Inviting patios and balconies
• Resort-style clubhouses and swimming pools
• Well-equipped fi tness and recreation areas
• Barbecue grills, picnic and playground areas
• Modern business centers and high-speed wireless
• Onsite after-school activities center and services
• Onsite health screening facilities at senior properties
• Controlled access gates
• On-site staff and on-call maintenance
• Generous 1-, 2-, and 3-bedroom fl oorplans
• Garages, carports and sport courts at many properties
PET FRIENDLY
Fort Worth •
Arlington
•
• Brownsville
Edinburg
Weslaco
Port Arthur •
• San Antonio
• Dallas
Midland •
• Greenville•
RISE
DEVELOPMENTS
•
Houston
177
178
179
180
181
182
183
184
185
186
187
188
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Posted on: April 05, 2019 0 Like
AFFORDABLE HOUSING FINANCETop 50 Affordable Housing Developers of 2018
The Pacific Cos. tops the list after starting construction on 2,501 units last year.
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COMPANY INFO
THE PACIFIC COS.
Eagle, ID
website
EXECUTIVE CONTACT
Caleb Roope, president and CEO
STARTS/COMPLETIONS
2,501 / 1,315
REGIONS
W
ORG TYPE
For-profit
COMPANY DESCRIPTION
The Pacific Cos. tops the developers list after starting construction on 15 affordable housing projects with 2,501 units in 2018.
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2
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COMPANY INFO
LDG DEVELOPMENT
Louisville, KY
website
EXECUTIVE CONTACT
Chris Dischinger and Mark Lechner, principals
STARTS/COMPLETIONS
2,274 / 1,424
REGIONS
SC, SE
TRENDING
People on th
8.21.19
AHF to Reco
Industry’s Ri
Top 50 Affor
Housing Dev
2018
California Re
Proposed LIH
Program...
190
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ORG TYPE
For-profit
COMPANY DESCRIPTION
LDG Development anticipates starting 15 affordable housing projects with 3,000 units this year.
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COMPANY INFO
DOMINIUM
Plymouth, MN
website
EXECUTIVE CONTACT
Paul Sween, managing partner, and Mark Moorhouse, senior vice president and partner
STARTS/COMPLETIONS
2,113 / 948
REGIONS
MW, SC, SE, W
ORG TYPE
For-profit
COMPANY DESCRIPTION
Dominium started work on 10 new-construction projects totaling 2,113 affordable units in 2018.
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4
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COMPANY INFO
RISE RESIDENTIAL CONSTRUCTION
Dallas, TX
website
EXECUTIVE CONTACT
Melissa Fisher, president
STARTS/COMPLETIONS
1,552 / 564
REGIONS
SC, W
ORG TYPE
For-profit
COMPANY DESCRIPTION
The firm continues to help Texas with extensive disaster-recovery needs in Corpus Christi, Houston, and Rockport with development
applications for CDBG-DR funds to restore lost housing stock.
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Posted on: April 11, 2017 0 Like 588 903 1K
AFFORDABLE HOUSING FINANCETop 50 Affordable Housing Developers of 2016
The NRP Group tops the list after starting construction on 1,798 units last year.
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COMPANY INFO EXECUTIVE CONTACT 2016
STARTS/COMPLETIONS
REGION(S)ORG.
TYPE
1
(9)
THE NRP GROUP
5309 Transportation Blvd.; Cleveland, OH 44125
(216) 475-8900 | www.nrpgroup.com
The NRP Group tops the developers list after starting
construction on eight new affordable housing projects
with 1,798 units in 2016.
J. David Heller, CEO 1,798 / 550 MW, NE,
SC, SE
For-profit
2
(19)
THE MICHAELS ORGANIZATION
3 E. Stow Road, Suite 100; P.O. Box 994; Marlton, NJ
08053
(856) 596-3008 | www.themichaelsorg.com
Michaels doubled its pipeline and opened new offices
in Colorado and Texas last year.
John O'Donnell,
president
1,656 / 776 National For-profit
3
(14)
MILLER-VALENTINE GROUP
9349 Waterstone Blvd.; Cincinnati, OH 45249
(513) 588-1000 | www.mvg.com
In addition to the firm’s affordable housing work, it
started construction on four market-rate developments
with 967 units in 2016.
Brian McGeady,
president, MV
Affordable Housing
Development
1,134 / 419 MW, SC,
SE
Nonprofit
4
(16)
LDG DEVELOPMENT
1469 S. Fourth St.; Louisville, KY 40208
(502) 638-0534 | www.ldgdevelopment.com
LDG plans for another strong year in 2017, anticipating
starting seven new developments with almost 1,200
units.
Chris Dischinger
and Mark Lechner,
co-owners
1,060 / 0 MW, SC,
SE
For-profit
5
(6)
THE PACIFIC COS.
430 E. State St., Suite 100; Eagle, ID 83616
(208) 461-0022 | www.tpchousing.com
The Pacific Cos. had the most affordable-unit starts in
its history last year, with 976 units in 10
developments.
Caleb Roope,
president and CEO
976 / 298 W For-profit
Assessing a Cloudy
LIHTC Market
Trump’s Tax Reform
Outline Gets White...
Top 50 Affordable
Housing Developers of
2015
Patenaude Nominated
for HUD Deputy
Secretary
TRENDING
193
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COMPANY INFO EXECUTIVE CONTACT 2016
STARTS/COMPLETIONS
REGION(S)ORG.
TYPE
6
(22)
DOMINIUM
2905 Northwest Blvd., Suite 150; Plymouth, MN 55441
(763) 354-5500 | www.dominiumapartments.com
Dominium closed six new-construction deals totaling
nearly 1,000 units last year.
Paul Sween and
Armand Brachman,
managing partners
968 / 306 MW, SC,
SE, W
For-profit
7
(4)
PENNROSE PROPERTIES
1301 N. 31st St.; Philadelphia, PA 19121
(267) 386-8600 | www.pennrose.com
The firm plans to complete 14 affordable housing
developments with over 1,000 units in 2017.
Mark H. Dambly,
president
929 / 649 MW, NE,
SC, SE
For-profit
8
(1)
PEDCOR COS.
1 Pedcor Square, 770 Third Ave., S.W.; Carmel, IN
46032
(317) 587-0320 | www.pedcorcompanies.com
Pedcor continued to increase its overall development
activities last year, completing 1,012 affordable
housing units in five projects.
Phillip J. Stoffregen,
COO and executive
vice president
880 / 1,012 MW, SC,
SE, W
For-profit
9
(7)
THE WODA GROUP
229 Huber Village Blvd., Suite 100; Westerville, OH
43081
(614) 396-3200 | www.www.wodagroup.com
The firm is poised to start 14 affordable housing
developments with 755 units in 2017.
Jeffrey Woda and
David Cooper Jr., co-
principals
839 / 778 MW, NE,
SE
For-profit
10
(17)
GORMAN & CO.
200 N. Main St.; Oregon, WI 53575
(608) 835-3900 | www.gormanusa.com
In 2016, Gorman increased its started developments by
two projects and 392 units over the prior year.
Tom Capp, COO 776 / 470 National For-profit
11
(3)
HERMAN & KITTLE PROPERTIES
500 E. 96th St., Suite 300; Indianapolis, IN 46240
(317) 805-1980 | www.hermankittle.com
Herman & Kittle closed two large new-construction
4%/tax-exempt bond transactions in 2016, the first
time in about 10 years.
Jeffrey Kittle,
president and CEO
707 / 792 National For-profit
12
(2)
McCORMACK BARON SALAZAR
720 Olive St., Suite 2500; St. Louis, MO 63101
(314) 621-3400 | www.mccormackbaron.com
The firm closed two major demonstration mixed-
income, mixed-finance developments in Puerto Rico
last year.
Vince R. Bennett,
president
688 / 791 National For-profit
13
(11)
RELATED CALIFORNIA
18201 Von Karman Ave., Suite 900; Irvine, CA 92612
(949) 660-7272 | www.relatedcalifornia.com
Related California closed financing and commenced
construction on 13 developments in 2016.
Frank Cardone,
president
679 / 277 W For-profit
194
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COMPANY INFO EXECUTIVE CONTACT 2016
STARTS/COMPLETIONS
REGION(S)ORG.
TYPE
14
(new)
COLUMBIA RESIDENTIAL
1718 Peachtree St., N.W., Suite 684; Atlanta, GA 30309
(404) 419-1432 | www.columbiares.com
The firm closed the first Rental Assistance
Demonstration program transaction for the Atlanta
Housing Authority last year.
Noel Khalil and Jim
Grauley, principals
648 / 268 SC, SE For-profit
15
(31)
CHELSEA INVESTMENT CORP.
6339 Paseo Del Lago; Carlsbad, CA 92011
(760) 456-6000 | www.chelseainvestco.com
Chelsea plans to complete its 100th development and
start its 10,000th unit this year.
Cheri Hoffman,
president
613 / 239 W For-profit
16
(18)
L+M DEVELOPMENT PARTNERS
1865 Palmer Avenue, Suite 203; Larchmont, NY 10538
(914) 833-3000 | www.lmdevpartners.com
The firm made a major push into the New Jersey
market last year, with the completion of Hahne’s, a
vacant historic department store, in Newark.
Lisa Gomez, COO 573 / 683 NE, SC, W For-profit
17
(new)
RPM DEVELOPMENT GROUP
77 Park St.; Montclair, NJ 07042
(973) 744-5410 | www.rpmdev.com
The firm closed on the largest project in its history in
2016, a 186-unit, mixed-use development in
Monmouth County, N.J.
Edward Martoglio,
president
570 / 109 NE For-profit
18
(10)
MERCY HOUSING
1999 Broadway, Suite 1000; Denver, CO 80202
(303) 830-3300 | www.mercyhousing.org
The nonprofit opened 55 Laguna, San Francisco’s first
affordable, LGBT-welcoming housing, in fall 2016.
Jane Graf, president
and CEO
559 / 315 National Nonprofit
19
(8)
RISE RESIDENTIAL CONSTRUCTION
16812 Dallas Parkway; Dallas, TX 75248
(972) 701-5558 | www.rise-residential.com
Rise completed its 15th year in business in 2016,
starting three affordable housing developments with
552 units.
Melissa Fisher,
president
552 / 512 SC For-profit
20
(new)
ST. ANTON COMMUNITIES
1801 I St., Suite 200; Sacramento, CA 95811
(916) 471-3000 | www.antoncap.com
The firm plans to develop 750 to 1,100 transit-oriented
mixed-income, market-rate, and affordable housing
units throughout Silicon Valley and the Sacramento
region in 2017.
Peter Geremia,
owner
480 / 35 W For-profit
21
(New)
FITCH IRICK PARTNERS
1714 East Blvd.; Charlotte, NC 28203
(704) 335-9112 | www.flatirondevelopment.com
The firm’s goal for 2017 is to develop 400 new units of
affordable housing.
Hollis M. Fitch, CEO 436 / 108 SE For-profit
195
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Posted on: April 18, 2016 0 Like 417 524 941
Top 50 Affordable Housing Developers of 2015
Indiana-based Pedcor Cos. tops the list after starting construction on 1,070 units last year.
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COMPANY INFO EXECUTIVE CONTACT 2015
STARTS/COMPLETIONS
REGION(S)ORG.
TYPE
1
(new)
Pedcor Cos.
1 Pedcor Square, 770 3rd Ave., S.W.; Carmel, IN 46032
(317) 587-0320 • www.pedcorcompanies.com
Pedcor Cos., a longtime affordable housing provider,
tops the developers list after starting construction on
six new projects with 1,070 units in 2015.
Phillip J. Stoffregen,
COO and executive
vice president
1,070 / 92 MW. SC,
SE, W
For-profit
2
(4)
McCormack Baron Salazar
720 Olive St., Suite 2500; St. Louis, MO 63101
(314) 621-3400 • www.mccormackbaron.com
Last year, the firm secured a major contract to
redevelop three public housing sites into mixed-
income communities in Puerto Rico.
Vince R. Bennett,
president
829 / 386 National For-profit
3
(27)
Herman & Kittle Properties
500 E. 96th St., Suite 300; Indianapolis, IN 46240
(317) 805-1980 • www.hermankittle.com
The firm added new-construction bond deals back into
its pipeline in addition to 9% low-income housing tax
credit (LIHTC) deals.
Jeffrey Kittle,
president and CEO
792 / 638 National For-profit
4
(5)
Pennrose Properties
1301 N. 31st St.; Philadelphia, PA 19121
(267) 386-8600 • www.pennrose.com
Pennrose started construction on 10 affordable
housing developments in 2015 and recently opened a
Boston office.
Mark H. Dambly,
president
688 / 461 MW, NE,
SE
For-profit
Top 50 Affordable
Housing Developers of
2015
Regions Bank Acquires
First Sterling...
Industry Catalysts:
AHF's 2016 Young
Leaders
Developer Pools 24
Florida Properties in...
TRENDING
196
10/21/2016 Top 50 Affordable Housing Developers of 2015| Housing Finance Magazine | Developers, Affordable Housing, 2015 AHF 50
http://www.housingfinance.com/managementoperations/top50affordablehousingdevelopersof2015_o 2/10
RANK
(VS.
2014)
COMPANY INFO EXECUTIVE CONTACT 2015
STARTS/COMPLETIONS
REGION(S)ORG.
TYPE
5
(3)
Conifer Realty
1000 University Ave., Suite 500; Rochester, NY 14607
(585) 324-0500 • www.coniferllc.com
Conifer projects starting as many as 13 new
developments this year after starting eight projects in
2015.
Timothy D. Fournier,
president and CEO
617/ 707 MW, NE For-profit
6
(10)
The Pacific Cos.
430 E. State St., Suite 100; Eagle, ID 83616
(208) 461-0022 • www.tpchousing.com
The Pacific Cos. completed 935 affordable and market-
rate units, the largest number in company history, in
2015.
Caleb Roope,
president and CEO
561 / 689 W For-profit
7
(6)
The Woda Group
229 Huber Village Blvd., Suite 100; Westerville, OH
43081
(614) 396-3200 • www.wodagroup.com
In addition to the firm's affordable housing work, it
completed a 120-bed student housing project in
Columbia, S.C., last year.
Jeffrey Woda and
David Cooper Jr., co-
principals
552 / 774 MW, NE,
SE
For-profit
8
(7)
Rise Residential Construction
16812 Dallas Parkway; Dallas, TX 75248
(972) 701-5558 • www.rise-residential.com
Formerly Odyssey Residential Construction, the firm is
now known as Rise Residential Construction.
Melissa Adami,
president
495 / 708 SC, W For-profit
9
(2)
The NRP Group
5309 Transportation Blvd.; Cleveland, OH 44125
(216) 475-8900 • www.nrpgroup.com
After starting construction on three affordable housing
developments in 2015, the firm plans to start seven
this year.
J. David Heller and
T. Richard Bailey,
partners
485 / 1487 National For-profit
10
(20)
Mercy Housing
1999 Broadway, Suite 1000; Denver, CO 80202
(303) 830-3300 • www.mercyhousing.org
Mercy created regional real estate strategies that build
concentration and commitment aimed at improving
neighborhoods.
Jane Graf, president
and CEO
481 / 436 National Nonprofit
11
(14)
Related California
18201 Von Karman Ave., Suite 900; Irvine, CA 92612
(949) 660-7272 • www.relatedcalifornia.com
Related California, which started four projects last
year, has separated its affordable and market-rate
housing divisions.
Frank Cardone,
president, Related
California
Affordable
438 / 261 W For-profit
197
198
Community ServicesWORKING TO PROVIDE QUALITY AFFORDABLE HOUSING, A SUITABLE LIVING ENVIRONMENT, AND EXPANDING ECONOMIC OPPORTUNITY, PRINCIPALLY FOR PERSONS OF LOW TO MODERATE INCOME.FEBRUARY 2, 2021, ID 21‐093199
BACKGROUNDHOUSING TAX CREDIT PROGRAM oAdministered by Texas Dept. of Housing & Community Affairs (TDHCA)oTwo types: 4% (non‐competitive) and 9% (competitive)oTDHCA ranks 9% applications submitted by developers; awarded points if they have support from their prospective communitiesoTDHCA requires Resolutions of No Objections as a minimum threshold documentation for consideration of 4% applications.CITY OF DENTON HTC POLICY AND APPLICATION oCity Council approved a HTC policy and application through Resolution 18‐756 on May 8, 2018 to establish expectations and streamline the HTC request review process.2ID 21-093 COMMUNITY SERVICES
200
DEVELOPER EXPERIENCEoPrimary Developer is RISE Residential Construction, LP.oSince 1971 RISA has completed 7,000 units in Texas and New Mexico.PROJECT ‐THE LEGACY IN DENTON APTS.PROJECTS IN THE LAST 5 YEARS:•2015 ‐ Mayorca Villas Apartments (Vista Monterrey) 600 Jose Marti, Brownsville, TX [120]•2015 ‐ Lake Dallas Apartments (Lakeshore) 300 E. Swisher Rd., Lake Dallas, TX [140]•2015 ‐ The Azure Midland Apartments 1200 Albert Avenue, Midland, TX [156]•2016 ‐ Majors Place Apartments 6109 Jack Finney, Greenville, TX [176]•2016 ‐ Plano Gateway‐‐Senior Living 401 Shiloh Road, Plano, TX [292]•2016 ‐ City Square Artists Lofts 504 Avenue B, Garland, TX [126]•2017 ‐ Austin Colorado Creek Hwy 71 and TX 130, Austin, TX [240]•2017 ‐ Henderson 1575‐(Indian Lake) Henderson and Old Alice, Los Fresno, TX [80]•2018 ‐ Austin Creekview Apartments Old Manor and Springdale, Austin TX [264]•2018 ‐ Lakeview Senior Living 7500 Lakeview Parkway, Rowlett, TX [272]•2018 ‐ Austin Boyce and Parmer Apartments Boyce Land and Parmer Lane, Austin ETJ, TX [280]A WOMAN‐OWNED HISTORICALLY UNDERUTILIZED BUSINESS (HUB)3ID 21-093 COMMUNITY SERVICES
201
33 ACRESPROPOSED MULTIFAMILY o232 Unit, Mixed Income CURRENT ZONING: o(R7) Residential 7oSUP will be requiredTAX STATUS: oPlanned to be Tax‐ExemptoPartnership TBD4PROJECT ‐THE LEGACY IN DENTON APTS.COMMUNITY SERVICESID 21-093202
5PROPOSED BUILDINGS:o6 – 2 & 3 Story BuildingsPROPOSED UNITS:o703 ‐ 1,146 sq. ft.o1‐bedroom ‐84o2‐bedroom ‐116o3‐bedroom ‐32COMMUNITY SERVICESID 21-093PROJECT ‐THE LEGACY IN DENTON APTS.203
INCOME RESRICTIONS:Income Averaging (60%)PROJECTED RENTS:$780 – $1,106o232 units (30%‐80%)6COMMUNITY SERVICESID 21-093PROJECT ‐THE LEGACY IN DENTON APTS.NOTE:The project’s proposedRents, Unit #, Unit Mix, etc.are subject to change. Projectstill has to complete thedevelopment review (ie. SUP)and approval process.
204
OPTIONSAPPROVE A RESOLUTION OF SUPPORT – February 9, 2021DO NOT APPROVE A RESOLUTION OF SUPPORT7COMMUNITY SERVICESID 21-093205
WHAT IS INCOME AVERAGING?8COMMUNITY SERVICESEnables owners to offset lower rents, for extremely low and very low‐incomehouseholds, by charging higher rents to households above 60% of AMI rangetherefore providing developments the ability to maintain financial feasibilitywhile providing a deeper level of affordability than may be otherwise possible.The Consolidated Appropriations Act of 2018 created a new minimum set aside election for new Low Income Housing Tax Credit (“LIHTC”) projects.Income Averaging allows LIHTC owners to elect to serve households with incomes of up to 80% of area median income (AMI) and have these household qualify as LIHTC units, so long as the average income/rent limit in the project remains at 60% or less of AMI.Owners who elect Income Averaging must also commit to at least 40% of the units in the project have an average income level of no more than 60% of AMI and the rents for these units must be equal to 30% of the qualifying income level.206
PROJECT –PROPOSED AMI UNIT MIX9COMMUNITY SERVICES207
PROJECT –AMI SAMPLEAREA MEDIAN INCOMEo(Family of 4) o30% ‐ $26,200o50% ‐ $43,100o60% ‐ $51,700 o80% ‐ $68,950 10COMMUNITY SERVICES$86,2001234567830 $18,100 $20,700 $23,300 $26,200 $30,680 $35,160 $39,640 $44,12040 $24,150 $27,600 $31,050 $34,500 $37,250 $40,000 $42,800 $45,55050 $30,200 $34,500 $38,800 $43,100 $46,550 $50,000 $53,450 $56,90060 $36,190 $41,360 $46,530 $51,700 $55,840 $59,970 $64,110 $68,24080 $48,300 $55,200 $62,100 $68,950 $74,500 $80,000 $85,500 $91,050100 $60,400 $69,000 $77,600 $86,200 $93,100 $100,000 $106,900 $113,8000123 4530 $453 $485 $583 $711 $879 $1,04740 $604 $647 $776 $897 $1,000 $1,10450 $755 $809 $970 $1,121 $1,250 $1,37960 $905 $969 $1,163 $1,344 $1,499 $1,65480 $1,208 $1,294 $1,553 $1,793 $2,000 $2,207100 $1,510 $1,618 $1,940 $2,241 $2,500 $2,759AMFI %Number of Bedrooms2020 Area Median Income: INCOME LIMITSAMFI %Number of Household MembersRENT LIMITS208
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-121,Version:1
AGENDA CAPTION
Deliberations regarding Real Property Under Texas Government Code Section 551.072.
Receive information from staff, discuss, deliberate, and provide staff with direction pertaining to the potential
acquisition of certain real property interests located in the B.B.B & C.R.R. Co. Survey, Abstract 196, the W.
Roark Survey, Abstract 1087, the J. Severe Survey, Abstract 1164 and the J. Withers Survey, Abstract 1343, all
in Denton County, Texas, for utility infrastructure and parks-related use and associated infrastructure.
City of Denton Printed on 1/29/2021Page 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 21-027,Version:1
AGENDA CAPTION
Deliberations regarding Real Property Under Texas Government Code Section 551.072;Consultation with
Attorneys Under Texas Government Code Section 551.071.
Receive information from staff,discuss,deliberate,and provide staff with direction pertaining to the potential
acquisition of certain real property interests located on Hickory Creek Road,in and around the J.Rogers
Survey,Abstract Number 1084;the J.Withers Survey,Abstract Number 1343;the M.Rogers Survey,Abstract
Number 1080;and the N.Britton Survey,Abstract Number 051,all in Denton County,Texas where a public
deliberation of such potential acquisitions would have a detrimental effect on the City’s position in negotiations
with third persons.Consultation with the City's attorneys regarding legal issues associated with the potential
acquisition involving the real property described above where a public discussion of these legal matters would
conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas,or would jeopardize the City’s legal
position in any negotiation, potential administrative proceeding, or potential litigation.
City of Denton Printed on 1/29/2021Page 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 21-155,Version:1
AGENDA CAPTION
Consultation with Attorneys - Under Texas Government Code Section 551.071
Consultation with the City’s attorneys regarding legal issues including, but not limited to, allegations of Fair Housing Act, Fair
Housing Amendments Act, and Americans with Disabilities Act violations, and related statutory and common law claims and potential
resolution thereof, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of
Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would
jeopardize the City’s legal position in any administrative proceeding or potential litigation.
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-134,Version:1
AGENDA CAPTION
Ashley Chapman regarding a Non-Annexation agreement and City of Denton permitting process.
City of Denton Printed on 1/26/2021Page 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 21-200,Version:1
AGENDA CAPTION
Consider approval of a Resolution of the City Council of the City of Denton appointing an Interim City
Manager; setting forth the terms of the appointment; setting forth the Interim City Manager’s salary; and
providing an effective date.
City of Denton Printed on 1/29/2021Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
CM/ DCM/ ACM: Todd Hileman
DATE: Feb. 2, 2021
SUBJECT
Consider approval of a Resolution of the City Council of the City of Denton appointing an Interim City
Manager; setting forth the terms of the appointment; setting forth the Interim City Manager’s salary; and
providing an effective date.
BACKGROUND
This item will be for Council to consider appointing an Interim City Manager and setting forth the terms
and compensation for the interim appointment.
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Draft Resolution
Respectfully submitted:
Sarah Kuechler
Chief of Staff
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
214
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON APPOINTING AN
INTERIM CITY MANAGER; SETTING FORTH THE TERMS OF THE APPOINTMENT;
SETTING FORTH THE INTERIM CITY MANAGER ; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, City Manager Todd Hileman has provided notice of resignation of his
employment with the City of Denton; and
WHEREAS, the City Council desires to appoint an Interim City Manager to become
effective on February 20, 2021 at 12:01 a.m.; and
WHEREAS, the City Council finds that the appointment of Sara Hensley as Interim City
Manager is in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The recitations and finding set forth above are incorporated herein by
reference.
SECTION 2. Sara Hensley is hereby appointed Interim City Manager of the City of Denton
effective at 12:01 a.m. February 20, 2021 and will serve at the pleasure of the City Council until a
permanent City Manager is appointed. During her service as Interim City Manager, she shall be
paid an annualized salary in the amount of Two Hundred Forty-Five Thousand Dollars
($245,000.00), to be paid in bi-weekly installments in accordance with the pay schedule for all
other City employees, effective on February 20, 2021.
SECTION 3. At the conclusion of her service as Interim City Manager, Sara Hensley shall
have the right to return to her position as Deputy City Manager.
SECTION 4. This resolution shall become effective immediately upon its passage and
approval.
The motion to approve this resolution was made by __________________________ and
seconded by _________________________________; this resolution was passed and approved by
the following vote [___ - ___]:
215
Page 2
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ ______
Birdia Johnson, District 1: ______ ______ ______ ______
Connie Baker, 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 ___________________, 2021.
__________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: __________________________________
216
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-095,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule corporation,providing for and
authorizing the expenditure of funds by the City Manager and the Purchasing Agent for the purchase of EMS
Professional Liability insurance coverage for the City of Denton,through the City’s sole broker of record,
Lockton Companies,LLC;and providing an effective date (File 7622 -awarded to Admiral Insurance
Company for a three (3) year not-to-exceed amount of $72,926.43).
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: February 2, 2021
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule corporation, providing for and
authorizing the expenditure of funds by the City Manager and the Purchasing Agent for the purchase of
EMS Professional Liability insurance coverage for the City of Denton, through the City’s sole broker of
record, Lockton Companies, LLC; and providing an effective date (File 7622 – awarded to Admiral
Insurance Company for a three (3) year not-to-exceed amount of $72,926.43).
INFORMATION/BACKGROUND
The City of Denton purchases Emergency Medical Services (EMS) Professional Liability liability
protection for the operation of the City’s ambulance service and the activities of the City’s Emergency
Medical Technicians (EMT). This policy covers potential liability due to the provision of professional
ambulance services by the EMT’s and paramedics in the Fire Department. In addition to coverage for the
typical liability exposures associated with emergency medical care, this type of insurance also offers
coverage for sexual abuse and breach of provisions of the Health Insurance Portability and Accountability
Act (HIPAA). The City’s current policy will expire on February 11, 2021.
Given the complexities of this insurance product solicitation as described above, the City utilized the
services of our broker of record, Lockton, to assist with procuring this coverage.
State of the Market:
The Miscellaneous Medical industry aspect of ambulance services has become an extremely hard market
over the past year, resulting in renewals in the sphere of ambulance services going up significantly. The
incumbent, Admiral Insurance Company (Admiral), has presented a favorable renewal premium reflecting
only a 1% increase from last year.
The City’s broker of record, Lockton, worked to obtain two (2) quotes to present to the City – one with the
incumbent, Admiral, and the other with TDC Specialty Underwriters (TDCSU). Upon reviewing both
quotes, the TDCSU quote’s coverage limits are lower than those quoted by Admiral, including TDSCU’s
sexual abuse limits are only $100k/$300k while Admiral’s is $500k/$500k; TDSCU’s loading and
unloading are sub-limited to $100k/$300k, while Admiral’s is included in the policy limits of $500k/$500k.
Additionally, TDCSU removed evacuation and media coverage while the Admiral quote provides sub-
limits for these coverages.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
218
RECOMMENDATION
Award a contract with Admiral Insurance Company for EMS Professional Liability insurance coverage for
the City of Denton with a first-year cost of $22,032.51. A 10% increase year over year is included to
accommodate annual renewal increases for a three (3) year not-to-exceed amount of $72,926.43.
PRINCIPAL PLACE OF BUSINESS
Lockton Companies, LLC
Kansas City, MO
ESTIMATED SCHEDULE OF PROJECT
This is a three (3) year contract.
FISCAL INFORMATION
Funding for EMS Professional Liability insurance is budgeted in the Risk Retention Fund.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: EMS Professional Liability Quote
Exhibit 3: EMS Liability Comparison
Exhibit 4: Broker Recommendation Letter
Exhibit 5: LLC Members
Exhibit 6: Ordinance
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Deby Skawinski, 940-349-7810.
Legal point of contact: Marcella Lunn at 940-349-8333.
219
5555 Triangle Parkway, Suite 400
Norcross, GA 30092
Phone: 770-448-7148
Jennifer Cobb Dec 16, 2020
Lockton Companies, LLC - Dallas
2100 Ross Ave. Suite 1400
Dallas, TX 75201
Re: City of Denton, Texas, Ref# 8838866-D
Proposed Effective 2/11/2021 to 2/11/2022
Dear Jennifer:
We are pleased to confirm the attached quotation for ERRORS & OMISSIONS being offered with Admiral
Insurance Company - Mt. Laurel. This carrier is Non-Admitted in the state of TX. Please note that this
quotation is based on the coverage, terms and conditions as stated in the attached quotation, which may be
different from those requested in your original submission. As you are the representative of the Insured, it is
incumbent upon you to review the terms of this quotation carefully with your Insured, and reconcile any
differences from the terms requested in the original submission. CRC Insurance Services, Inc. disclaims any
responsibility for your failure to reconcile with the Insured any differences between the terms quoted as per the
attached and those terms originally requested. The attached quotation may not be bound without a fully
executed CRC brokerage agreement.
NOTE: The Insurance Carrier indicated in this quotation reserves the right, at its sole discretion, to
amend or withdraw this quotation if it becomes aware of any new, corrected or updated information
that is believed to be a material change and consequently would change the original underwriting
decision.
Should coverage be elected as quoted per the attached, Premium and Commission are as follows:
Premium:$20,998.00
Surplus Lines Tax $1,018.40
Stamping Office Fee $15.75
Grand Total: $22,032.15
Commission: 0%
NOTE: If insured is located outside your resident state, you must hold appropriate non-resident
license prior to binding.
220
CONFIDENTIAL
If Non Admitted the following applies:
Texas Tax Filings are the responsibility of: CRC
Guaranty Fund Nonparticipation Notice
This insurance contract is with an insurer not licensed to transact insurance in this state and is issued and
delivered as surplus line coverage under the Texas insurance statutes. The Texas Department of Insurance
does not audit the finances or review the solvency of the surplus lines insurer providing this coverage, and the
insurer is not a member of the property and casualty insurance guaranty association created under Chapter
462, Insurance Code. Chapter 225, Insurance Code, requires payment of a 4.85 percent tax on gross
premium.
Surplus Lines Agent: CRC Insurance Services, License#18530
Address: 1 Metroplex Drive, Suite 400, Birmingham, AL 35209
The Texas Department of Insurance (TDI) has adopted amendments to the Texas Administrative Code
regarding required complaint notices included in insurance policies. These changes were effective on
November 4, 2019, and must be implemented no later than May 1, 2020.
CRC is compensated in a variety of ways, including commissions and fees paid by insurance companies and
fees paid by clients. Some insurance companies pay brokers supplemental commissions (sometimes referred
to as “contingent commissions” or “incentive commissions”), which is compensation that is based on a broker's
performance with that carrier. These supplemental commissions may be based on volume, profitability,
retention, growth or other measures. Even if a contingent commission agreement exists with a carrier, we
recognize that our responsibility is to promote the best interests of the policyholder in the selection of an
insurance company. For more information on CRC's compensation, please contact your CRC broker.
Financing Insurance Premiums
Premium financing budgets insurance payments and improves liquidity for other business objectives: working
capital, business growth, business expansion.
If your clients choose to pay their insurance in monthly installments, it's fast and easy with AFCO Credit
Corporation, which is an affiliate of CRC, providing premium financing solutions for companies across the
United States.
You can learn more about how premium financing works and how it can expand your relationship with your
clients by emailing afcodirect@afco.com; or call toll-free 877-317-6437, option 1. Additional information is
available at https://www.afco.com/partners/crc.html.
Sincerely,
Jared Hopkins
770-448-7148
jhopkins@crcgroup.com
8838866
221
Date: 12/16/2020
A.M. Best Rating: A+ (Superior) Financial Size Category: XV
Subject: CITY OF DENTON Renewal Of: EO000032366-05
Carrier: Admiral Insurance Company
QUOTE
Coverage Medical Professional Liability (Claims Made)
Business Service: Ground Ambulance Services
Limits of Liability:
Professional Liability (PL) Each Claim $500,000
Aggregate $500,000
Sexual Abuse Each Claim $500,000
Aggregate $500,000
Claim Expenses Aggregate Limit INCLUDED
Additional Coverages: Each Claim Aggregate
Network Security & Data Privacy Liability $500,000 $500,000 First Party Privacy Breach Expenses $100,000 $100,000
Media Activities $25,000 $25,000
Regulatory Wrongful Acts $25,000 $25,000
HIPAA $100,000 $300,000
License Defense $5,000 $25,000
Peer Review Expenses $5,000 $25,000
Subpoena Assistance $5,000 $5,000
Reimbursement of Lost Wages or Earnings $500 $5,000
Reputation Protection Coverage $5,000 $5,000
Emergency Evacuation Expenses $25,000 $25,000
Patient Property Damage $500 $500
Policy Aggregate Limit: $500,000
PL Deductible: $10,000 Per Claim - Including Expenses
PL Retroactive Date: 02/11/2003
Premium: $20,998 Flat Rate
Minimum Retained Premium: 25% Minimum Retained at Inception
This quotation will expire on 02/11/2021 This quotation may not include all terms and conditions requested.
TERMS & CONDITIONS
Schedule of Forms & Endorsements
JA10010720 COVER JACKET - ADMIRAL INSURANCE COMPANY
AI00120920 TEXAS COMPLAINT NOTICE DE23270820 ADMIRALPRO DELTA MED PROFESSIONAL LIABILITY DECLARATIONS PAGE
AI00101011 GUARANTY FUND NONPARTICIPATION NOTICE
EO13260820 ADMIRALPRO DELTA MED MISCELLANEOUS MEDICAL PROFESSIONAL LIABILITY INSURANCE
EO13390816 PROFESSIONAL LIABILITY TERRORISM EXCLUSION (ABSOLUTE)
EO13440816 CLAIM EXPENSES WITHIN THE LIMITS OF LIABILITY EO14120719 SPECIFIED TREATMENT EXCLUSION
AI44020519 SERVICE OF SUIT
MK01200916 LOSS CONTROL AND RISK MANAGEMENT SERVICES FOR HEALTHCARE PROFESSIONAL LIABILITY POLICYHOLDERS
MK01220619 ADMIRAL CYBER BREACH COACH EVENT HOTLINE
Subjectivities
1)Admiral application and supplemental application need to be signed and dated.
- Please see CRC's cover page for total premium.
222
COMMENTS
AdmiralPro Delta MED Policyholder Additional Benefits
Admiral Insurance Group has partnered with OmniSure Consulting Group, a leading risk management
consultancy for healthcare professionals, to provide our AdmiralPro Delta MED policyholders with important
free benefits including loss prevention assistance, risk management guidance documents, industry newsletters
and more. To find out more about OmniSure, please visit their website at http://admiral-health.omnisure.com.
The terms and conditions set forth in the renewal policy described in this quote authorization letter may be more restrictive than the terms
and conditions set forth in the expiring policy. The descriptions contained in this letter summarize selected terms and conditions of the
renewal policy. The renewal policy itself, and not this letter, will govern the insured's rights as a policyholder. Specimen copies of most policy forms are available for your review in the PDF file attached to this letter. Complete policy wording may be made available upon your
written request. Please read and compare carefully.
223
Titus Indistrual
Insurance Premium Comparison
Renewal: 2/9/20-2/9/21
2/11/2020-21
Bound Program
Packaged Casualty Admiral
Premium:20,906 21,132 1% 20,998 0% 20,072 -4%
Taxes and Fees: 1,014 1,025 1% 1,034 2% 989 -3%
Total:21,920 22,157 1%22,032 1%21,061 -4%
Average Rate:113 113 0% 112 -1% 107 -5%
Employees:185 187 1% 187 1% 187 1%
Professional Liability - Each Claim & Aggregate 500,000 500,000 500,000
Sexual Abuse & Molestation - Each Claim / Aggregate 500,000 500,000 100,000 / 300,000
Legal/License Defense Proceeding - Each Occurrence & Aggregate 5,000 / 25,000 5,000 / 25,000 25,000
Patient Property Loss - Each Loss / Aggregate 500 500 5,000 / 25,000
Network Security & Data Privacy Liability - Each Occurrence & Aggregate 500,000 500,000 NCP
First Party Privacy Breach Expense - Each Occurrence & Aggregate 100,000 100,000 NCP
Media Activities - Each Occurrence & Aggregate 25,000 25,000 NCP
Regulatory Wrongful Acts - Each Occurrence & Aggregate 25,000 25,000 NCP
HIPAA - Each Occurrence / Aggregate 100,000 / 300,000 100,000 / 300,000 NCP
Peer Review Expenses - Each Occurrence / Aggregate 5,000 / 25,000 5,000 / 25,000 NCP
Subpoena Assistance - Each Occurrence & Aggregate 5,000 5,000 NCP
Reimbursemetn of Lost Wages or Earnings 500 / 5,000 500 / 5,000 NCP
Reputation Protection Coverage 5,000 5,000 NCP
Emergency Evacuation Expenses 25,000 25,000 NCP
Claim Expense Aggregate Limit Included Included NCP
Policy Aggregate 500,000 500,000 500,000
SIR 10,000 10,000 10,000
Limits/Sublimits:
2/11/2021-22
Quote - Option 2
TDC Specialty
2/11/2021-22
Quote - Option 1EMT Professional Liability
2/11/2021-22 Expiring
Rates
X New Exposures
Admiral
S:\Materials Management\PRCH\BIDs, RFPs & Contracts\7000-7999\7622 EMS Liability\Agenda\Exhibit 2- EMS Liability Quote Comparison
Comparison Page 1 of 1 224
LOCKTON COMPANIES 214.969.6700
2100 Ross Avenue, Suite 1400, Dallas, TX 75201-6706 lockton.com
12/16/2020
City of Denton
215 E McKinney
Denton, TX 76201
Re: City of Denton 2/11/2021-22 EMT Professional Liability Renewal Proposal
To Whom it May Concern:
Thank you for the opportunity to assist the City of Denton with the 2/11/2021-22 EMT Professional
Liability policy renewal.
The Miscellaneous Medical industry aspect of ambulance services has become an extremely hard
market over the past year, resulting in renewals in the sphere of ambulance services going up
significantly. Even though we have a slight increase of 1%, this was still an extremely favorable
renewal. The incumbent, Admiral has presented a renewal premium of $22,032.15, including taxes
& fees, which is a 1% increase from last year.
Lockton worked to obtain two (2) quotes to present to the City – one with Admiral and the other
with TDC Specialty Underwriters. Upon reviewing the TDCSU quote, their sexual abuse limits are
only $100K/$300K while Admiral’s is $500k/$500k. Their loading and unloading is sub-limited to
$100k/$300k while Admiral’s is included in the policy limits of $500k/$500k. TDC also removed the
evacuation and media coverage while the Admiral quotes still has sub-limits for these coverages.
Lockton recommends the City renew its EMT Professional Liability Insurance with Admiral for a total
annual deposit premium of $22,032.15.
Thank you for the opportunity to work with the City of Denton. Please let us know if you have any
questions regarding this renewal.
Sincerely,
Neil Cohen
Senior Vice President, Practice Leader
Lockton Companies.
225
226
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE CORPORATION,
PROVIDING FOR AND AUTHORIZING THE EXPENDITURE OF FUNDS BY THE CITY
MANAGER AND THE PURCHASING AGENT FOR THE PURCHASE OF EMS
PROFESSIONAL LIABILITY INSURANCE COVERAGE FOR THE CITY OF DENTON,
AND PROVIDING AN EFFECTIVE DATE (FILE 7622 AWARDED TO ADMIRAL
INSURANCE COMPANY FOR A THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF
$72,926.43).
WHEREAS, Section 252.024 of the Local Government Code provides that a municipality
may select a licensed insurance broker as the sole broker of record to obtain proposals and
coverages for excess or surplus insurance that provides necessary coverage and adequate limits
of coverage in structured layered excess coverages in all areas of risk requiring special
consideration, including public official liability, police professional liability, and airport liability;
and need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in
the above paragraph;
Council wishes to procure EMS professional liability insurance coveraged for a three (3) year
period; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment, or supplies, as described
he license
terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
7622 Admiral Insurance Company $72,926.43
SECTION 2. The acceptance and approval of the above items shall not constitute a
contract between the City and the person submitting the quotation for such items until such
person shall comply with all requirements specified by the Purchasing Department.
SECTION 3. The City Manager, or his designee, is hereby authorized to execute any
contracts relating to the items specified in Section 1 and to expend funds as required by such
contracts.
227
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. 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 Gerard Hudspeth: ______ ______ ______ ______
Birdia Johnson, District 1: ______ ______ ______ ______
Connie Baker, 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 ___________________________, 2021.
______________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: ______________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: _________________________________
228
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-113,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 execute a contract with Vermeer Equipment of Texas,LLC dba Vermeer
Texas-Louisiana,Inc.,through the Buy Board Cooperative Purchasing Network Contract #597-19,for the
purchase of two (2)Vac Tron Model LP873STD trailer-mounted hydro-excavators for the Water Distribution
and Electric Operations Departments;providing for the expenditure of funds therefor;and providing an
effective date (File 7609 -awarded to Vermeer Equipment of Texas,LLC dba Vermeer Texas-Louisiana,Inc.,in
the not-to-exceed amount of $177,800.00).
City of Denton Printed on 1/26/2021Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: February 2, 2021
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager, or his designee, to execute a contract with Vermeer Equipment of Texas,
LLC dba Vermeer Texas-Louisiana, Inc., through the Buy Board Cooperative Purchasing Network Contract
# 597-19, for the purchase of two (2) Vac Tron Model LP873STD trailer-mounted hydro-excavators for the
Water Distribution and Electric Operations Departments; providing for the expenditure of funds therefor;
and providing an effective date (File 7609 – awarded to Vermeer Equipment of Texas, LLC dba Vermeer
Texas-Louisiana, Inc., in the not-to-exceed amount of $177,800.00). The Public Utilities Board
recommends approval (4 - 0).
INFORMATION/BACKGROUND
This request is for the purchase of two (2) Vac Tron Model LP873STD replacement hydro-excavators for
the Water Distribution and Electric Operations Departments. Hydro-excavating equipment is used to safely
and non-destructively remove materials associated with underground utilities, such as water and electric
service lines for the installation, maintenance, and repair of buried City infrastructure. Replacements were
approved in the FY19-20 department budgets.
Hydro-Vac equipment has an expected lifecycle of 5-years or 5,000 hours. Replacement criteria are based
on a (15 point scale) generated by the fleet maintenance software. Criteria is 5 points for age, 5 points for
meter, and 5 points for maintenance with maintenance being the highest priority factor replacement. The
Electric Operations hydro-excavator is replacing a 2013 model that has accrued 5.5 maintenance points
($29,103), 0.5 meter points, and 11 total points. The second highest priority factor affecting replacement is
equipment downtime. This machine has experienced 219 hours of downtime in the past 2-years, with 12
work orders submitted in 2019 alone. The Water Distribution Department will replace a 2018 model that is
undersized for the current intended operation. This machine does not meet any of the replacement criteria,
however, it is extremely inefficient and will not meet the current needs of the department. The replaced
units will be auctioned.
Pricing obtained through the Buy Board Cooperative Purchasing Network has been competitively bid and
meets the statutory requirements of Texas Local Government Code 271.102.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On February 1, 2005, Council approved the interlocal agreement with the Buy Board Cooperative
Purchasing Network (Ordinance 2005-034).
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
230
On January 25, 2021, the Public Utilities Board (PUB) recommended this item to the City Council for
consideration.
RECOMMENDATION
Award a contract with Vermeer Equipment of Texas, LLC dba Vermeer Texas-Louisiana, for the purchase
of two (2) Vac Tron Model LP873STD trailer-mounted hydro-excavators for the Water Distribution and
Electric Operations Departments, in a not-to-exceed amount of $177,800.
PRINCIPAL PLACE OF BUSINESS
Vermeer Equipment of Texas, LLC dba Vermeer Texas-Louisiana, Inc.
Irving, TX
ESTIMATED SCHEDULE OF PROJECT
Delivery of the items will occur within 30 days after receipt of order.
FISCAL INFORMATION
These items will be funded from Electric and Water Vehicle Replacement Funds.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Price Comparison
Exhibit 3: Quote
Exhibit 4: LLC Members
Exhibit 5: Ordinance
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Terry Kader, 940-349-8729.
Legal point of contact: Marcella Lunn at 940-349-8333.
231
Vermeer Texas-Louisiana, Inc.Witch Equipment Company, Inc
Irving, TX Fort Worth, TX
Buyboard 597-19 Sourcewell #012418-CMW
Vac-Tron Model LP873STD Ditch Witch Model HX50/800-400/VT24
Item Qty UOM Description Unit Cost Unit Cost
1 2 ea Hydro-Excavator with Hydraulic Boom $88,900.00 $92,378.97
$177,800.00 $184,757.94
File 7609 - Price Comparison for Hydro-Excavators for Electric and Water Departments
Exhibit 3
Total:
Respondent's Business Name:
Principal Place of Business (City and State):
Co-Op Information:
Make and Model Offered:
232
234
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A CONTRACT WITH VERMEER EQUIPMENT OF TEXAS, LLC DBA
VERMEER TEXAS-LOUISIANA, INC., THROUGH THE BUY BOARD COOPERATIVE
PURCHASING NETWORK CONTRACT # 597-19, FOR THE PURCHASE OF TWO (2)
VAC TRON MODEL LP873STD TRAILER-MOUNTED HYDRO-EXCAVATORS FOR THE
WATER DISTRIBUTION AND ELECTRIC OPERATIONS DEPARTMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE (FILE 7609 AWARDED TO VERMEER EQUIPMENT OF TEXAS, LLC DBA
VERMEER TEXAS-LOUISIANA, INC., IN THE NOT-TO-EXCEED AMOUNT OF
$177,800.00).
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network 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 Buy Board Cooperative Purchasing Network programs 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, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1.
office of the Purchasing Agent, are hereby accepted and approved as being the lowest
responsible bids for such items:
FILE
NUMBER VENDOR AMOUNT
7609 Vermeer Equipment of Texas, LLC $177,800.00
dba Vermeer Texas-Louisiana, Inc.
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 Buy Board
Cooperative Purchasing Network 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 Buy Board Cooperative Purchasing Network and the purchase orders issued by the City.
235
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
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 Buy Board
Cooperative Purchasing Network, 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 [___ - ___]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ ______
Birdia Johnson, District 1: ______ ______ ______ ______
Connie Baker, 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 ___________________________, 2021.
__________________________________
GERARD HUDSPETH, MAYOR
236
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: _________________________________
237
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-115,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,rejecting
any and all competitive bids under IFB 7549 for Lab Supplies for the Water Production Department and
Municipal Lab; and providing an effective date (IFB 7549).
City of Denton Printed on 1/26/2021Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: February 2, 2021
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
rejecting any and all competitive bids under IFB 7549 for Lab Supplies for the Water Production
Department and Municipal Lab; and providing an effective date (IFB 7549). The Public Utilities Board
recommends approval (4 - 0).
INFORMATION/BACKGROUND
The City of Denton recently advertised an Invitation For Bid (IFB) to provide lab supplies for the Water
Production Department and Municipal Lab. At the close of the solicitation only one vendor submitted a bid
for 42 out of 135 line items listed in the solicitation. The Water Production Department recommends
rejecting and re-soliciting since bid pricing was not received on all items. The Water Production Department
will work with the Procurement Department to re-review the IFB and locate additional potential bidders
prior to the new solicitation advertisement period.
In accordance with the Local Government Code 252.043, the City Council may reject any and all bids.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 25, 2021, the Public Utilities Board (PUB) recommended this item to the City Council for
consideration.
RECOMMENDATION
Staff recommends rejection of all bids for Lab Supplies for the Water Production Department and Municipal
Lab.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
239
For information concerning this acquisition, contact: Brian Smith, 940-349-7627.
Legal point of contact: Marcella Lunn at 940-349-8333.
240
ORDINANCE NO. ________________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, REJECTING ANY AND ALL COMPETITIVE BIDS UNDER IFB 7549
FOR LAB SUPPLIES FOR THE WATER PRODUCTION DEPARTMENT AND
MUNICIPAL LAB; AND PROVIDING AN EFFECTIVE DATE (IFB 7549).
WHEREAS, the City has solicited, received and tabulated competitive bids for Lab
Supplies for the Water Production Department and Municipal Lab (IFB 7549) in accordance
with the procedures of state laws and City ordinances; and
WHEREAS, the City staff recommends, and the City Council has determined, that it is in
the best interest of the City that the herein described bids should be rejected; NOW
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The foll
led
according to the bid number assigned herein (Lab Supplies for the Water Production Department
and Municipal Lab Bid Number 7549) are hereby rejected:
BID
NUMBER CONTRACTOR AMOUNT
7549 HD Supply Facilities Maintenance LTD. dba USABlueBook $4,808.00
SECTION 2. The City Manager, or his designee, is hereby authorized to execute all
necessary documents for the rejection of said bids. The City Manager, or his designee, is hereby
authorized, in his discretion, to re-advertise to receive competitive bids, or proceed otherwise, to
procure goods and services described in IFB 7549.
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 the IFB 7549 to reject said bids to the City Manager, 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 [___ - ___]:
241
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ ______
Birdia Johnson, District 1: ______ ______ ______ ______
Connie Baker, 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 ___________________________, 2021.
__________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: _________________________________
242
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-117,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,approving
proposals from A2ZGC Inc.dba A-Star General Contracting Co.,and authorizing the expenditure of funds for
the reconstruction of a residential property located at 1802 Westwood Drive,under the City of Denton Home
Improvement Program;providing for the expenditure of funds therefor;and providing an effective date (RFP
7565 -A2ZGC Inc. dba A-Star General Contracting Co., in the not-to-exceed amount of $176,000.00).
City of Denton Printed on 1/29/2021Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: February 2, 2021
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
approving proposals from A2ZGC Inc. dba A-Star General Contracting Co., and authorizing the
expenditure of funds for the reconstruction of a residential property located at 1802 Westwood Drive, under
the City of Denton Home Improvement Program; providing for the expenditure of funds therefor; and
providing an effective date (RFP 7565 – A2ZGC Inc. dba A-Star General Contracting Co., in the not-to-
exceed amount of $176,000.00).
INFORMATION/BACKGROUND
Home Improvement Program (HIP)
Every year, the Community Development Division brings the City of Denton Action Plan for Housing and
Community Development of awarded CDBG and HOME funds (Action Plan). The Action Plan is approved
by City Council annually, and it approves Community Development Block Grant (CDBG) and Home
Investment Partnership Program (HOME) grant funds allocated to Home Improvement Program (HIP). This
program assists low- and moderate-income families to maintain safe, stable affordable housing. Additional
funding sources may include program income and owner-provided personal funds. HIP assists homeowners
in need of major repairs through rehabilitation or reconstruction. Assistance is in the form of a
payable/forgivable or forgivable loan for ten years. The program helps homeowners afford substantial
repairs that they could not otherwise afford.
RFP #7565 - Home Improvement Project
This bid was issued to include one housing reconstruction project for homeowners who applied and
qualified for the HIP program. Work specifications and pricing estimates were based on project and
household specifications. The project is approximately 1,239 square feet, 3br/2bath/Accessible/Energy Star
reconstruction.
Requests for Proposals were sent to 333 prospective suppliers, including 31 Denton firms. In addition,
specifications were placed on the Materials Management website for prospective suppliers to download and
advertised in the local newspaper. Three (3) proposals were received and evaluated based upon published
criteria including delivery, probable performance, price, and homeowner’s choice. Best and Final Offer
(BAFO) were requested from the top firm. Based upon this evaluation, A2ZGC Inc. dba A-Star General
Contractors Co. was ranked the highest and determined to be the best value for the City.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
244
NIGP Code Used for Solicitation: 909 - (Service Only) - Building
Construction Services, New
Notifications sent for Solicitation sent in IonWave: 333
Number of Suppliers that viewed Solicitation in IonWave: 21
HUB-Historically Underutilized Business Invitations sent out: 27
SBE-Small Business Enterprise Invitations sent out: 85
Responses from Solicitation: 3
RECOMMENDATION
Award a contract with A2ZGC Inc. dba A-Star General Contractors Co., for the reconstruction of a
residential property located at 1802 Westwood Drive, under the City of Denton Home Improvement
Program, in a not-to-exceed amount of $176,000.
PRINCIPAL PLACE OF BUSINESS
A2ZGC Inc. dba A-Star General Contractors Co.
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
This project will be started upon approval with a completion date by August 15, 2021.
FISCAL INFORMATION
These services will be funded from the Home Investment Partnership Program. The base proposal amount
for this item is $160,000, with the sole option of the City, there will be a 10% discrepancy included for
inflation for change orders.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Pricing Evaluation
Exhibit 3: Ordinance
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning these reconstructions, contact: Alma Espino, 940-349-7756.
Legal point of contact: Marcella Lunn at 940-349-8333.
245
A-STAR General Contracting
(A2ZGC INC)
EP Services (EP Remodeling
Services LLC)
ERC (ERC Environmental &
Construction Services, Inc.)
Dallas, TX Wylie, TX Houston, TX
Line #Description
1 Total Cost for Reconstruction at 1802 Westwood Dr., Denton, TX $160,000.00 $197,500.00 $199,475.00
$16,000.00
$176,000.00
Iem #Standard Criteria
A-STAR General Contracting
(A2ZGC INC)
EP Services (EP Remodeling
Services LLC)
ERC (ERC Environmental &
Construction Services, Inc.)
1 Homeowners Choice - 30%30.00 25.00 25.00
2 Delivery/Project Schedule - 10%6.67 7.33 6.67
3 Probable Performance - 10%8.67 6.67 6.00
4 Price, Total Cost of Ownership - 50%50.00 40.51 40.11
Total Score:95.33 79.51 77.78
Total:
Respondent's Business Name:
Principal Place of Business (City and State):
Evaluation
Exhibit 2
RFP 7565 - Pricing Evaluation for Home Improvement Project
10% Discrepancy for Inflation
246
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, APPROVING PROPOSALS FROM A2ZGC INC. DBA A-STAR GENERAL
CONTRACTING CO., AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE
RECONSTRUCTION OF A RESIDENTIAL PROPERTY LOCATED AT 1802 WESTWOOD
DRIVE, UNDER THE CITY OF DENTON HOME IMPROVEMENT PROGRAM; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(RFP 7565 A2ZGC INC. DBA A-STAR GENERAL CONTRACTING CO., IN THE NOT-TO-
EXCEED AMOUNT OF $176,000.00).
and moderate-income families in securing safe, sanitary, and decent housing; and
WHEREAS, the City participates in a Home Improvement Program funded through a federal
grant from the Department of Houston and Urban Development; and
WHEREAS, the City adopted and administers Home Improvement Program Guidelines and
Home Improvement Program Eligibility Criteria, which require competitive procurement for certain
qualifying expenditures; and
WHEREAS, the homeowners receiving the benefit of the request for proposals are qualified
and eligible in accordance with the Home Improvement Program Guidelines and Home Improvement
Program Eligibility Criteria; and
WHEREAS, the City assisted homeowners seeking to participate in the City of Denton Home
Improvement Program solicit, receive, and evaluate competitive proposals for the reconstruction of
one (1) property under the City of Denton Home Improvement Program; and
WHEREAS, the City Manager, or a designated employee, as well as the homeowners for one
(1) property have received, reviewed, and recommended that the herein described proposals are the
most advantageous to the City and homeowners considering the relative importance of price and the
other evaluation factors included in the request for proposals; and
WHEREAS, the City will execute loan agreements and other documents with the homeowner
authorizing the City to expend Home Improvement Program funds for the reconstruction of the
homeowner s property; 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,
247
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies,
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City and
homeowners considering the relative importance of price and the other evaluation factors included in
the request for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
7565 A2ZGC Inc. dba A-Star General Contracting Co. $176,000.00
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City approves the homeowner s acceptance of the offer of the persons
submitting the proposals for such items and agrees to the expenditure of Home Improvement
Program funds for 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 homeowner wish to enter into a formal written
agreement as a result of the acceptance and approval of the proposals, the City Manager, or his
designated representative, is hereby authorized to execute the written contract and other loan
agreements (and other necessary documents); provided that the written contract and agreements are
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 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 above enumerated proposals, 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.
248
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 Gerard Hudspeth: ______ ______ ______ ______
Birdia Johnson, District 1: ______ ______ ______ ______
Connie Baker, 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 ___________________________, 2021.
__________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: _________________________________
249
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-118,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 execute a contract with Industrial Power,LLC dba Industrial Power Truck
and Equipment,through The Interlocal Purchasing System (TIPS)Contract #200405 for First Responder
emergency vehicle body repair services for the Fire Department;providing for the expenditure of funds
therefor;and providing an effective date (File 7607 -awarded to Industrial Power,LLC dba Industrial Power
Truck and Equipment, in the three (3) year not-to-exceed amount of $180,000.00).
City of Denton Printed on 1/29/2021Page 1 of 1
powered by Legistar™250
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: February 2, 2021
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager, or his designee, to execute a contract with Industrial Power, LLC dba
Industrial Power Truck and Equipment, through The Interlocal Purchasing System (TIPS) Contract #
200405 for First Responder emergency vehicle body repair services for the Fire Department; providing for
the expenditure of funds therefor; and providing an effective date (File 7607 – awarded to Industrial Power,
LLC dba Industrial Power Truck and Equipment, in the three (3) year not-to-exceed amount of
$180,000.00).
INFORMATION/BACKGROUND
The Denton Fire Department’s emergency fleet consists of seventeen (17) Engines/Trucks/Aerials and
fourteen (14) ambulances. There are a limited number of local vendors that can provide estimates and
perform repairs, which can cause delays in getting apparatus and medics back in service, and with the
limited number of reserve units expediting repairs is a high priority.
The Interlocal Purchasing System (TIPS) contract includes paint and bodywork, service work, and
equipment parts. Having a contract in place for these services will reduce downtime. In addition to the
contract benefits, Industrial Power Truck and Equipment provides pick-up and delivery, reducing staff time
involved with the transport of vehicles. This contract will provide accident repair or damage to fire
apparatus and ambulances, mechanical service work if needed, and an additional source for apparatus parts
if needed. The contract value is based on historic spending levels and includes estimates for future service
work.
Pricing obtained through TIPS contract has been competitively bid and meets the statutory requirements of
Texas Local Government Code 271.102.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On May 17, 2011, Council approved the interlocal agreement with The Interlocal Purchasing System
(Ordinance 2011-082).
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
251
RECOMMENDATION
Award a contract with Industrial Power, LLC dba Industrial Power Truck and Equipment, for First
Responder emergency vehicle body repair services for the Fire Department, in a three (3) year not-to-exceed
amount of $180,000.
PRINCIPAL PLACE OF BUSINESS
Industrial Power, LLC dba Industrial Power Truck and Equipment
McKinney, TX
ESTIMATED SCHEDULE OF PROJECT
This is a three (3) year contract. This TIPS contract expires on June 20, 2023.
FISCAL INFORMATION
These items/services will be funded from the Fire Department Operating Funds. Requisitions will be entered
on an as-needed basis. The City will only pay for services rendered and is not obligated to pay the full
contract amount unless needed.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Pricing Sheet for Equipment & Goods
Exhibit 3: Pricing Sheet for Services
Exhibit 4: LLC Members
Exhibit 5: Ordinance
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Terry Kader, 940-349-8729.
Legal point of contact: Marcella Lunn at 940-349-8333.
252
EQUIPMENT/GOODS by line Product #Description
Units description - (each,
dozen, hour, day, etc)MSRP
%
Discount
TIPS
Price
Product/Manufacturer
Allison
All Allison parts available
(Catalog Provided)60.00%
Aisin
All Aisin parts available
(Catalog not offered by
Manufacturer)60.00%
Detroit Diesel
All Detroit Diesel parts available
(Catalog not offered by
Manaufacturer)60.00%
Cummins
All Cummins parts available
(Catalog Provided)50.00%
HINO
All HINO parts available
(Catalog Provided)50.00%
ISUZU
All ISUZU parts available
(Catalog Provided)80.00%
ConMet Wheel Ends
All ConMet Wheel Ends Parts
available (Catalog Provided)50.00%
Autocar
All Autocar Parts available
(Catalog not offered by
Manufacturer)60.00%
All Makes Parts
All Makes Parts available
(Catalog not offered by
Manufacturer)60.00%
Insert below this line only
** Insert more records as needed.
TIPS RFP 200405 Fire Truck, Ambulance and Other First Responder Vehicle Parts, Equipment and Services
YOU MAY PROPOSE ON MULTIPLE PRICING OPTIONS You may provide a response in all three (A, B & C) sections below
Proposers may contact TIPS for help on how to respond appropriately but DO NOT MENTION ANY SPECIFIC PRICING IN YOUR CONVERSATION WITH TIPS STAFF WHEN
INDUSTRIAL POWER LLC. / DBA: INDUSTRIAL POWER TRUCK AND EQUIPMENT
Section A - pricing option
GOODS TEMPLATE PRICING
In section "A", Vendors may insert line items, if they choose to, in the top section under "EQUIPMENT/GOODS" or vendors may choose to bypass the section "A" and put only a discount
off catalog in section "B" below. YOU MAY ADD ADDITIONAL LINES AS REQUIRED
Alternate method for Section "A" - In Section "A", vendor may choose not to list line items because of the number of items available. As an alternative, the vendor may list lines of goods
or manufacturers with a minimum discount off that line of goods. An example of each is provided below.
253
EQUIPMENT/GOODS by line Product #Description
Units description - (each,
dozen, hour, day, etc)MSRP
%
Discount
TIPS
Price
Product/Manufacturer
TIPS RFP 200405 Fire Truck, Ambulance and Other First Responder Vehicle Parts, Equipment and Services
YOU MAY PROPOSE ON MULTIPLE PRICING OPTIONS You may provide a response in all three (A, B & C) sections below
Proposers may contact TIPS for help on how to respond appropriately but DO NOT MENTION ANY SPECIFIC PRICING IN YOUR CONVERSATION WITH TIPS STAFF WHEN
INDUSTRIAL POWER LLC. / DBA: INDUSTRIAL POWER TRUCK AND EQUIPMENT
Section A - pricing option
GOODS TEMPLATE PRICING
In section "A", Vendors may insert line items, if they choose to, in the top section under "EQUIPMENT/GOODS" or vendors may choose to bypass the section "A" and put only a discount
off catalog in section "B" below. YOU MAY ADD ADDITIONAL LINES AS REQUIRED
Alternate method for Section "A" - In Section "A", vendor may choose not to list line items because of the number of items available. As an alternative, the vendor may list lines of goods
or manufacturers with a minimum discount off that line of goods. An example of each is provided below.
PERCENTAGE MAXIMUM MARKUP of items,
goods , equipment (not services) not listed in this RFP,
but carried for sale by vendor. Markup is from
actual hard cost seller has paid for the good.
Maximum Markup Percentage in cell to right: Percentage markup (end cost to member) may be decreased due to
volume or other factors but may not be increased. Percentage markup
may be any percentage vendor deems appropriate but it will be
considered as part of the evaluation.
Vendor may add additional information as required or desired.
N/A- We filled in Pricing Option "A" and "B".Section C - Pricing Option - Cost plus markup method
CAUTION: Selecting the Markup method of pricing may limit the availability of the contract because some jurisdictions prohibit cost plus pricing contracts.
NOTE: If you do not have list prices or a catalog as defined in the RFP document you may propose pricing as a markup from your cost from your provider. Vendor must
document the cost to the member to prove compliant pricing.
ENTER BELOW THE MINIMUM %
DISCOUNT OFF OF ALL GOODS IN YOUR
"CATALOG" AS DEFINED IN THE RFP.
*REQUIRED FIELDSection B - Pricing Option - Discount off catalog price
Please provide the minimum percent discount off you will offer to our members for the catalogue, list, shelf, web or other published
pricing that is not listed above in Section "A" or not currently available and may be added during the life of the award. For example:
10% discount offered on any other products sold by XYZ Company. Fixed minimum discount offered to TIPS or TIPS member for
items offered by vendor, but not itemized in this proposal. Additional deeper discounts may be negotiated by TIPS or TIPS member
with awarded vendor at time of purchase depending on item and volume of purchase. If no percentage is inserted to the cell to the
right, TIPS assumes and records a zero percentage discount off catalog pricing. If you disagree or wish to enter a percentage
greater than zero, please note in the cell to the right
Different Sections of the Catalogs have different
minimum discounts based on the manufacturer
providing parts. (Listed Below)
:Cummins Parts - 50% Discount :Allison Parts - 60%
Discount :Hino Parts - 60% Discount :Isuzu Parts-
80% Discount :ConMet Wheel Ends Parts - 50%
Discount :Aisin Parts -
60% Discount :Detroit
Diesel Parts - 60% Discount
:Autocar Parts - 60% Discount
:All Makes Parts - 60% Discount
254
EQUIPMENT/GOODS by line Product #Description
Units description - (each,
dozen, hour, day, etc)MSRP
%
Discount
TIPS
Price
Product/Manufacturer
TIPS RFP 200405 Fire Truck, Ambulance and Other First Responder Vehicle Parts, Equipment and Services
YOU MAY PROPOSE ON MULTIPLE PRICING OPTIONS You may provide a response in all three (A, B & C) sections below
Proposers may contact TIPS for help on how to respond appropriately but DO NOT MENTION ANY SPECIFIC PRICING IN YOUR CONVERSATION WITH TIPS STAFF WHEN
INDUSTRIAL POWER LLC. / DBA: INDUSTRIAL POWER TRUCK AND EQUIPMENT
Section A - pricing option
GOODS TEMPLATE PRICING
In section "A", Vendors may insert line items, if they choose to, in the top section under "EQUIPMENT/GOODS" or vendors may choose to bypass the section "A" and put only a discount
off catalog in section "B" below. YOU MAY ADD ADDITIONAL LINES AS REQUIRED
Alternate method for Section "A" - In Section "A", vendor may choose not to list line items because of the number of items available. As an alternative, the vendor may list lines of goods
or manufacturers with a minimum discount off that line of goods. An example of each is provided below.
The manufacturer does not provide a Price List for
ConMet, Aisin, or Detroit Diesel. The manufacturer
constantly updates, maintains, and changes the products
available therefore we can not provide a "catalog".
Although, We can provide the price quote and
specifications on the part including the percentage off
MSRP for TIPS particiapnts at the time a part is
requested.
We also can not provide a Price List on the All makes because of the sheer
size and quanity of parts carried. The manufacturers update them and make
chnages frequently. When a part is requested we are able to provide the price
quote and specifications of the part as well as the discount off MSRP for
TIPS particiapants.
255
Service or Travel type or
service component name Description PLEASE SPECIFY UNIT PRICED-
(eg. Hour, day, per person, etc.) Year 1 Unit Cost - Not to Exceed % Discount TIPS Price - Not to Exceed
What is the maximum price increase for the above
services in percentage from year one to year two
and from year two to year three? Insert percentage
in cell(s) below.
Service
Heavy/Medium Duty Truck Service In
Shop Labor Rate Hourly $135.00 15.00%$135.00 10.00%
Service
Heavy/Medium Duty Truck Service On-
Site Labor Rate Hourly $165.00-$220.00 15.00%$165.00-$220.00 10.00%
Service
Emergency On-Site Labor Rate including
after hours, holidays and weekends Hourly $165.00-$220.00 15.00%$165.00-$220.00 10.00%
Service
Body and Paint Repair for Heavy/Medium
Duty Trucks Labor Rate Hourly $86.00 15.00%$86.00 10.00%
Service Diagnostics Houry $135.00 15.00%$135.00 10.00%
Service Shop Sulpplies Per Invoice/ Percent of Labor 10% of Labor N/A 10% of Labor 10.00%
Service Pick up and Delivery of unit Flat Rate or Per Mileage based on AOR
$25.00 Each Way if in AOR, or $1.00
Per Mile if outside of AOR 10.00%
$25.00 Each Way in AOR. Outside of
AOR No Price Cap (Dependant on
Distance).10.00%
Service
Fire Apparatus (Engines and Trucks)
Quarterly Service On-Site Flat Rate $225.00
5% (lower because this is already priced
for governemnt entities, we added a little
extra discount for TIPS members).$225.00 10.00%
Service
Fire Apparatus (Engines and Trucks)
Quarterly Service In-Shop Flat Rate $189.00
5% (lower because this is already priced
for governemnt entities, we added a little
extra discount for TIPS members).$189.00 10.00%
Service
Fire Apparatus (Engines and Trucks)
Annual Service On-Site Flat rate $562.50 10%$562.50 10.00%
Service
Fire Apparatus (Engines and Trucks)
Annual Service In-Shop Flat Rate $472.50
5% (lower because this is already priced
for governemnt entities, we added a little
extra discount for TIPS members).$472.50 10.00%
Service
Fire Apparatus (Engines and Trucks)
Wheels Off Brake Inspection On-Site Flat Rate $187.50
5% (lower because this is already priced
for governemnt entities, we added a little
extra discount for TIPS members).$187.50 10.00%
Service
Fire Apparatus (Engines and Trucks)
Wheels Off Brake Inspection In-Shop Flat Rate $157.50
5% (lower because this is already priced
for governemnt entities, we added a little
extra discount for TIPS members).$157.50 10.00%
Service Ambulance- Quarterly Service On-Site Flat Rate $225.00
5% (lower because this is already priced
for governemnt entities, we added a little
extra discount for TIPS members).$225.00 10.00%
Service Ambulance- Quarterly Service In-Shop Flat Rate $189.00
5% (lower because this is already priced
for governemnt entities, we added a little
extra discount for TIPS members).$189.00 10.00%
Service Ambulance Fuel Filter Change On-Site Flat Rate $100.00
5% (lower because this is already priced
for governemnt entities, we added a little
extra discount for TIPS members).$100.00 10.00%
Service Ambulance Fuel Filter Change In-Shop Flat Rate $84.00
5% (lower because this is already priced
for governemnt entities, we added a little
extra discount for TIPS members).$84.00 10.00%
TIPS RFP 200405 Fire Truck, Ambulance and Other First Responder Vehicle Parts, Equipment and Services
Section A - Pricing Option - Listed services
SEE INSTRUCTION SHEET IN RFP ATTACHMENTS FOR DETAILS
SERVICES TEMPLATE PRICING
If you wish to include pricing in a more appropriate format for your business model, please note here that you did and upload it as you would this form. You may create another worksheet on this spreadsheet but note here if you have done so and name the worksheet on the tab at
bottom.
IF YOUR COMPANY OFFERERS ANY SERVICES WITH THE GOODS OFFERED ON PRICING SHEET 1, PLEASE COMPLETE ALL SECTIONS BELOW - failure to do so may limit the award scope by TIPS and limit services you can sell to members
INDUSRIAL POWER LLC. / DBA: INDUSTRIAL POWER TRUCK AND EQUIPMENT
256
Service or Travel type or
service component name Description PLEASE SPECIFY UNIT PRICED-
(eg. Hour, day, per person, etc.) Year 1 Unit Cost - Not to Exceed % Discount TIPS Price - Not to Exceed
What is the maximum price increase for the above
services in percentage from year one to year two
and from year two to year three? Insert percentage
in cell(s) below.
TIPS RFP 200405 Fire Truck, Ambulance and Other First Responder Vehicle Parts, Equipment and Services
Section A - Pricing Option - Listed services
SEE INSTRUCTION SHEET IN RFP ATTACHMENTS FOR DETAILS
SERVICES TEMPLATE PRICING
If you wish to include pricing in a more appropriate format for your business model, please note here that you did and upload it as you would this form. You may create another worksheet on this spreadsheet but note here if you have done so and name the worksheet on the tab at
bottom.
IF YOUR COMPANY OFFERERS ANY SERVICES WITH THE GOODS OFFERED ON PRICING SHEET 1, PLEASE COMPLETE ALL SECTIONS BELOW - failure to do so may limit the award scope by TIPS and limit services you can sell to members
INDUSRIAL POWER LLC. / DBA: INDUSTRIAL POWER TRUCK AND EQUIPMENT
Service
Onan Generators 150 Hour Service On-
Site Flat Rate $240.00 15%$240.00 10.00%
Service
Onan Generators 150 Hour Service In-
Shop Flat Rate $232.50 15%$232.50 10.00%
Service
Onan Generators 450 Hour Service On-
Site Flat Rate $720.00 15%$720.00 10.00%
Service
Onan Generators 450 Hour Service In-
Shop Flat Rate $694.50 15%$694.50 10.00%
Service We can provide upfitting and Fabrication
to the units as needed.
Case by Case (Each item purchased that
needs to be installed would have a
different price & labor rate).
Not to drop below a 20%-25%
discount range
On average the discount would range
between 20%-25%.
Not to drop below a 20%-25% discount
range.10.00%
Delivery for Parts in our AOR
We offer same day delivery for stocked
parts. For non-stocked parts delivery
ranges from 1-3 days.Flat Rate FREE N/A FREE 0.00%
Freight for Parts Delivery that
are rush orders
We can provide Rush/Emergency
shipping Percent cost of the part 10% cost of the part N/A 10% cost of the part 10.00%
We have attached an additonal document with Labor Rates for Service and Parts as well.
You may insert additional lines
Vendor may add additional information as required or desired.
257
258
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A CONTRACT WITH INDUSTRIAL POWER, LLC DBA INDUSTRIAL POWER
TRUCK AND EQUIPMENT, THROUGH THE INTERLOCAL PURCHASING SYSTEM
(TIPS) CONTRACT # 200405 FOR FIRST RESPONDER EMERGENCY VEHICLE BODY
REPAIR SERVICES FOR THE FIRE DEPARTMENT; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE
7607 – AWARDED TO INDUSTRIAL POWER, LLC DBA INDUSTRIAL POWER TRUCK
AND EQUIPMENT, IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF
$180,000.00).
WHEREAS, pursuant to Ordinance 2011-082, The Interlocal Purchasing System
Program 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 Interlocal Purchasing System Program 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, THEREFORE,
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 VENDOR AMOUNT
7607 Industrial Power, LLC dba $180,000.00
Industrial Power Truck and Equipment
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 Interlocal Purchasing
System Program 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 Interlocal
Purchasing System Program 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
259
City’s ratification of bids awarded by The Interlocal Purchasing System Program, the City
Manager, or his designated representative, is hereby authorized to execute the written contract
which is referenced herein; provided that the written contract is in accordance with the terms,
conditions, specifications, and standards contained in the Proposal submitted to The Interlocal
Purchasing System Program, 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 [___ - ___]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ ______
Birdia Johnson, District 1: ______ ______ ______ ______
Connie Baker, 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 ___________________________, 2021.
__________________________________
GERARD HUDSPETH, MAYOR
260
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: _________________________________
261
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-071,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas Home-Rule Municipal Corporation,renaming
Highland Park Road to Parvin Street,between its intersections with Bonnie Brae Street to the future extension
of Parvin Street; providing for severability and an effective date.
City of Denton Printed on 1/29/2021Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
DCM: Sara Hensley
DATE: February 2, 2021
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas Home-Rule Municipal Corporation,
renaming Highland Park Road to Parvin Street, between its intersections with Bonnie Brae Street to the
future extension of Parvin Street; providing for severability and an effective date.
BACKGROUND
The subject request is by Brock A. Pfister of Kimley-Horn and Associates, Inc., on behalf of Kevin
Lazares of Forestar (USA) Real Estate Group. The purpose of the Street Name Change is to create a
continuous east west Parvin Street, reduce confusion by having a street without jogs along the alignment,
and to allow for a continuous north south alignment of Highland Park Road consistent with the City of
Denton’s Mobility Plan.
By renaming the subject area Parvin Street, this allows Highland Park Road to continue south through the
proposed Eagle Creek residential development. Refer to Exhibit 3 - Request Letter from the Applicant,
for additional details of the request.
If approved, Highland Park Road will continue south from I-35 to Roselawn Drive. The alignment will
continue south through multiple phases of the Eagle Creek residential development. The entire residential
development will consist of approximately 770 single-family detached residential lots, open space,
amenity center, parkland, park trails, and connections to adjacent Borman Elementary and nearby Denia
Park.
CONSIDERATIONS
1. The current alignment of Highland Park Road running north south, serving as an alley, then
immediately turning east west is confusing.
2. The subject area should be renamed to Parvin Street to have a consistent east west street name
from Bonnie Brae Street to Bernard Street.
3. The Street Name Change will allow Highland Park Road to continue south from I-35 to Roselawn
Road per the City of Denton’s Mobility Plan.
4. Highland Park Road will be one of several access roads in and out of the proposed Eagle Creek
residential development.
5. The segment of Highland Park Road along the back of residential lots should be classified a as a
public alley and not a Collector Road. The roadway is currently built as an alley.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
263
6. There is a total of 10 properties within the subject area that have a Highland Park Road address.
Three of the 10 are owned by Forestar (USA) Real Estate Group, the requestor of the Street Name
Change.
7. Letters were sent to adjacent property owners affected by the proposed Street Name Change. As
of this writing staff has not received any response either in favor or in opposition of the subject
request.
8. The request was presented to the City Traffic Engineer, and it was determined that the Street
Name Change complies with the City’s Transportation Criteria Manual and is consistent with the
goals and objectives of the City’s Mobility Plan.
OPTIONS
1. Approve as submitted
2. Approve subject to conditions
3. Deny
4. Postpone consideration
5. Table item
RECOMMENDATION
Staff recommends approval of the Street Name Change request.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
There has been no prior action/review related to the Highland Park Road Name Change request.
PUBLIC OUTREACH:
No public outreach is required for a Street Name Change however, staff is seeking input from property
owners affected by the proposed Street Name Change. Each affected owner was sent a letter. Refer to
Exhibit 4 – Letter to Adjacent Property Owners. As of this writing staff has not received any response
either in favor or in opposition of the subject request.
DEVELOPER ENGAGEMENT DISCLOSURES
No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this
report.
EXHIBITS
1. Agenda Information Sheet
2. Site Location Map
3. Request Letter from the Applicant
4. Letter to Adjacent Property Owners
5. Mobility Plan – Highland Park Road
6. Draft Ordinance
Respectfully submitted:
Richard Cannone, AICP
Deputy Director/Planning Director
Prepared by:
Ron Menguita, AICP
Principal Planner
264
HIGHLAND PARKLAUREL
LOCH NESS
PERTH
ERSKINE
GLASGOWS K ARA BRAEBONNIE BRAEPEEBLES
DONELLACORBIN WISTERIAG O O D S O N
SOLAR
W ILLOWCRESTPRIVATEJASMINECAMELLIAAZALEAPUBLIC ALLEYHighland Park Road Name ChangeSite Location
0 250 500125Feet
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.
SITE
Roads
Parcels
µ
Date: 12/2/2020 In 200ft address spreadsheet include the acreage and percentage of each of the owners within the bufferMAKE SURE TO REMOVE THE SITE ADDRESSES/ACREAGE
265
kimley-horn.com 13455 Noel Rd., Office Tower Two, Suite 700; Dallas, Texas 75240 972 770 1300
To:Richard Cannone
From:Brock Pfister, P.E.
Kimley-Horn and Associates, Inc.
Date:11/17/2020
Subject: Highland Park Road and Parvin Street Name Change and Reclassification
Richard,
Please consider this request for the re-classification and street name change of Highland Park Road in
accordance with the adopted City of Denton Mobility Plan.
As it stands today, Highland Park Road runs south from Highway 35-E, around the western edge of
Eagle Creek Phase 1A (shown as a red dashed line on Exhibit A, attached) to the projection of Parvin
Street and then west to Bonnie Brae Street (shown as a blue dashed line). The portion of Highland
Park Road shown in red is serving as an alley for the homes fronting Wisteria Street.
The Mobility Plan shows Highland Park Road running north/south from Highway 35-E to Roselawn
Drive and shows Parvin Street running east/west from Bernard Street to Bonnie Brae Street.
In order to accommodate the Mobility plan, the section of Highland Park Road serving as an Alley
(shown in red) will need to be re-classified as an Alley. The roadway will then need to be reconfigured
to run through the Eagle Creek Development (shown in yellow). Additionally, the section of Highland
Park Road (shown in blue) that runs east/west to Bonnie Brae Street will need to be renamed to Parvin
Street.
Additional reference documents showing the re-configuration that is being proposed with the Eagle
Creek Development:
l PP19-0019;
l PP20-0015;
l TIA20-0001;
l CEP20-0028; and
l CEP20-0040.
Attached References:
l Roadway Reconfiguration – Exhibit A
Thank you,
Brock Pfister, P.E.
266
Engineering Firm Registration # F-928
13455 Noel Rd,, Office Tower Two, Suite 700
Dallas, Texas 75240north
LAUREL STREET
WISTERIA STREETAZALEA STREETEXISTING HIGHLAND PARK ROAD (RENAMED PARVIN STREET)
PROPOSED PARVIN STREET
PROPOSED HIGHLAND PARK ROADEXISTING HIGHLAND PARK ROAD (RE-CLASSIFIED AS AN ALLEY)EXISTING HIGHLAND PARK ROADGRAPHIC SCALE IN FEET
0 150 300 600
1"=300'@ 8.5x11
- EAGLE CREEK -
DENTON COUNTY, TEXAS
EAGLE CREEK
PHASE 1A
(CEP20-0040)
EAGLE CREEK
PHASE 1B
(CEP20-0028)
EAGLE CREEK
PHASE 3A
(FUTURE)
EAGLE CREEK
PHASE 2B
(FUTURE)
267
Planning Division | Development Services
215 E. McKinney St., Denton, TX 76201 (940) 349-8382
OUR CORE VALUES
Integrity Fiscal Responsibility Transparency Outstanding Customer Service
ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989
December 8, 2020
RE: Highland Park Road – Proposed Street Name Change
Dear Property Owner:
Notice is hereby given to all interested persons that:
The City of Denton has received a request from Brock A. Pfister of Kimley-Horn and Associates, Inc., on behalf
of Kevin Lazares of Forestar (USA) Real Estate Group, for a Street Name Change from Highland Park Road
Street to Parvin Street, between its intersection on Bonnie Brae Street to the future extension of Parvin Street,
see exhibit below. This request is part of a proposed single-family residential development – Eagle Creek.
You are being notified of this proposed Street Name Change because, if the request approved, your mailing
address will change. As a property owner affected, you are invited to make your views known by emailing the
Department of Development Services or returning the attached Response Form with your comments. Please
respond in favor or in opposition of the request by Friday, January 15, 2021. Your comments will be
forwarded to the City Council when the subject request is scheduled for their consideration.
If you have any questions about the proposed Street Name Change or cannot respond by the deadline, please
feel free to call me at (940) 349-8328 or send me an email at ron.menguita@cityofdenton.com. Thank you for
your attention to this matter.
Sincerely,
Ron Menguita, AICP
Principal Planner
268
2
Response Form
Proposed Street Name Change
Highland Park Road
In order for your comment to be included for consideration, please complete and mail this form to:
City of Denton Development Services
Attn: Ron Menguita, Project Manager
215 W. Hickory St.
Denton, TX 76201
You may also email or fax a copy to ron.menguita@cityofdenton.com or (940) 349-7707.
Highland Park Road – Proposed Street Name Change
Please check one of the boxes below:
□ In favor of request □ Opposed to request
Comments:
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Signature:
__________________________________________________________________________________
Printed Name:
__________________________________________________________________________________
Street Address:
__________________________________________________________________________________
City, State and Zip Code:
__________________________________________________________________________________
Phone Number:
__________________________________________________________________________________
Email Address:
__________________________________________________________________________________
Physical Address of Property within 200 Feet:
__________________________________________________________________________________
__________________________________________________________________________________
269
Existing Mobility Plan – Highland Park Road (Collector)
270
Draft 2020 Mobility Plan – Highland Park Road (Collector)
271
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, RENAMING HIGHLAND PARK ROAD TO PARVIN STREET, BETWEEN
ITS INTERSECTION WITH BONNIE BRAE STREET TO THE FUTURE EXTENSION OF
PARVIN STREET; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Brock A. Pfister of Kimley-Horn and Associates, Inc., on behalf of Kevin
Lazares of Forestar (USA) Real Estate Group, has applied for a street name change from Highland
Park Road to Parvin Street, between its intersection with Bonnie Brae Street to the future extension
of Parvin Street, as shown in Exhibit A, attached hereto and incorporated herein by reference
(hereinafter, the “Subject Area”); and
WHEREAS, on February 2, 2021, the City Council conducted a public meeting, and finds
that the request meets and complies with all substantive and procedural standards set forth in the
Denton Development Code, and is consistent with the Denton Plan 2030; and
WHEREAS, the City Council of the City of Denton, in considering the request for a street
name change from Highland Park Road to Parvin Street in the Subject Area, has determined that
the requested name change is in the best interest of the health, safety, morals, and general welfare
of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion
and finds that said name change is in the public interest and should be granted as set forth herein;
NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. The street name of Highland Park Road in the Subject Area is hereby
changed to Parvin Street.
SECTION 3. The City's official Mobility Plan map is amended to show the change in the
street name.
SECTION 4. The provisions of this ordinance are severable, and the invalidity of any
phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of
this ordinance. If any section, subsection, paragraph, sentence, phrase or word in this ordinance,
or application thereof to any person or circumstance is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the remaining portion of this ordinance,
and City Council of the City of Denton, Texas hereby declares it would have enacted such
remaining portions despite any such invalidity.
SECTION 5. This ordinance shall become effective immediately after its passage and
approval.
272
PAGE 2
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
Gerard Hudspeth, Mayor: ______ ______ ______ ______
Birdia Johnson, District 1: ______ ______ ______ ______
Connie Baker, District 2: ______ ______ ______ ______
Jessie 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 ___________________, 2021.
__________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: _________________________________
Digitally signed by Mack
Reinwand
Date: 2021.01.06 19:21:21
-06'00'
273
HIGHLAND PARKLAUREL
LOCH NESS
PERTH
ERSKINE
GLASGOWS K ARA BRAEBONNIE BRAEPEEBLES
DONELLACORBIN WISTERIAGOODSO
N
SOLAR
W ILLOWCRESTPRIVATEJASMINECAMELLIAAZALEAPUBLIC ALLEYHighland Park Road Name Change
Site Location
0250500125
Feet
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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Date: 12/2/2020
EXHIBIT A
274
Da
Renaming a Segment
of Highland Park
1
City Council
February 2, 2021
1
275
ID 20-17102/02/2021 2
Highland Park Road
Parvin Street
Existing Conditions
Appears and functions as an alley
276
02/02/2021 ID 20-171 3
Mobility Plan Requirement
•Improve “grid” pattern
•Alignment of Highland
Park Road (N/S)
•Alignment of Parvin
Street (E/W)
•Improve connectivity
277
ID 20-17102/02/2021 4
Improved Connectivity
Existing Alleys
FR20-0016, Eagle Creek -Phase 1A
278
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-090,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 execute a contract with Reliable Paving,Inc.,for the construction of the
Denton Street Rehabilitation Project for the City of Denton;providing for the expenditure of funds therefor;
and providing an effective date (IFB 7495 -awarded to Reliable Paving,Inc.,in the not-to-exceed amount of
$10,933,808.55).
City of Denton Printed on 1/29/2021Page 1 of 1
powered by Legistar™279
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: February 2, 2021
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager, or his designee, to execute a contract with Reliable Paving, Inc., for the
construction of the Denton Street Rehabilitation Project for the City of Denton; providing for the
expenditure of funds therefor; and providing an effective date (IFB 7495 – awarded to Reliable Paving,
Inc., in the not-to-exceed amount of $10,933,808.55).
INFORMATION/BACKGROUND
The Denton Street Rehabilitation project was created to reconstruct 47 segments of residential roadway that
were defined in the 2012 and 2014 Bond Programs. These roadway segments were selected as part of the
2012 and 2014 Bond Programs because they had an Overall Condition Index (OCI) rating of 30 or less.
Exhibit 4 lists the roadway segments extents that are included in this project.
The engineer’s estimate for comparison (without contingency) for the Base Bid was $11,797,492. The
project total cost of $10,933,808.55 for the Denton Street Rehabilitation Project construction consists of:
$10,413,151 total base bid; and a $520,657.55 contingency. A five (5) percent contingency allowance, if
any, is for the sole use of the City and will be subject to written authorization by the City’s Project Manager
and Program Manager.
Invitation for Bids was sent to 412 prospective suppliers of this item, including 32 Denton firms. In addition,
specifications were placed on the Materials Management website for prospective suppliers to download and
advertised in the local newspaper. Four (4) bids meeting specifications were received. The lowest bid was
received by Reliable Paving, Inc. As part of the solicitation, process bidders submit a minimum qualification
statement that includes three government entities of similar size and scope that are contacted by staff to
verify the vendor’s quality of work on prior projects before proceeding with an award.
NIGP Code Used for Solicitation: 913 – Construction Services, Heavy
Notifications sent for Solicitation sent in IonWave: 412
Number of Suppliers that viewed Solicitation in IonWave: 27
HUB-Historically Underutilized Business Invitations sent out: 42
SBE-Small Business Enterprise Invitations sent out: 110
Responses from Solicitation: 4
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
280
RECOMMENDATION
Award a contract with Reliable Paving, Inc., for the construction of the Denton Street Rehabilitation Project
for the City of Denton, in the not-to-exceed amount of $10,933,808.55.
PRINCIPAL PLACE OF BUSINESS
Reliable Paving, Inc.
Arlington, TX
ESTIMATED SCHEDULE OF PROJECT
This project will be started upon approval with a completion date within 600 calendar days.
FISCAL INFORMATION
These services will be funded from Certificates of Obligation Funds.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Bid Tabulation
Exhibit 3: Street Segments
Exhibit 4: Presentation
Exhibit 5: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Dustin Draper, 940-349-7104.
Legal point of contact: Marcella Lunn at 940-349-8333.
281
Line #Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended
1
2 Total Base Bid Section 1 - Project Items (Items 1-11):1 EA $1,841,012.50 $1,841,012.50 $1,951,114.11 $1,951,114.11 $1,948,868.50 $1,948,868.50 $2,534,872.50 $2,534,872.50
3 Total Base Bid Section 2 - Angelina Bend Drive (Items 12-23):1 EA $613,829.00 $613,829.00 $616,309.91 $616,309.91 $701,042.05 $701,042.05 $638,424.75 $638,424.75
4 Total Base Bid Section 3 - Archer Trail (Items 12-23):1 EA $274,612.50 $274,612.50 $284,245.15 $284,245.15 $317,490.00 $317,490.00 $295,683.75 $295,683.75
5 Total Base Bid Section 4 - Avenue A (Items 12-23):1 EA $195,297.50 $195,297.50 $204,978.42 $204,978.42 $222,257.25 $222,257.25 $219,145.00 $219,145.00
6 Total Base Bid Section 5 - Avenue B (Items 12-23):1 EA $109,452.50 $109,452.50 $115,781.50 $115,781.50 $119,941.25 $119,941.25 $145,200.00 $145,200.00
7 Total Base Bid Section 6 - Avenue D (Items 12-23):1 EA $147,843.00 $147,843.00 $151,352.76 $151,352.76 $163,537.35 $163,537.35 $170,416.50 $170,416.50
8 Total Base Bid Section 7 - Avenue H (Items 12-23):1 EA $114,407.00 $114,407.00 $116,922.71 $116,922.71 $126,046.00 $126,046.00 $140,352.00 $140,352.00
9 Total Base Bid Section 8 - Brown Drive (Items 12-23):1 EA $123,755.00 $123,755.00 $132,885.10 $132,885.10 $139,073.50 $139,073.50 $153,280.00 $153,280.00
10 Total Base Bid Section 9 - Crescent Street (Items 12-23):1 EA $656,124.50 $656,124.50 $695,574.98 $695,574.98 $768,523.75 $768,523.75 $702,419.00 $702,419.00
11 Total Base Bid Section 10 - Fannin Street (Items 12-23):1 EA $98,497.50 $98,497.50 $106,206.47 $106,206.47 $113,623.50 $113,623.50 $135,470.00 $135,470.00
12 Total Base Bid Section 11 - Foxcroft Circle (Items 12-23):1 EA $1,163,947.50 $1,163,947.50 $1,199,218.07 $1,199,218.07 $1,338,759.00 $1,338,759.00 $1,172,774.25 $1,172,774.25
13 Total Base Bid Section 12 - Fulton Street (Items 12-23):1 EA $896,152.50 $896,152.50 $862,108.09 $862,108.09 $1,004,951.75 $1,004,951.75 $932,758.75 $932,758.75
14 Total Base Bid Section 13 - W. Hickory Street (Items 12-23):1 EA $233,517.50 $233,517.50 $240,573.66 $240,573.66 $268,610.75 $268,610.75 $277,007.50 $277,007.50
15 Total Base Bid Section 14 - Hillcrest Street (Items 12-23):1 EA $353,417.50 $353,417.50 $363,450.92 $363,450.92 $403,773.25 $403,773.25 $378,740.50 $378,740.50
16 Total Base Bid Section 15 - Locksley Lane (Items 12-23):1 EA $192,605.00 $192,605.00 $196,094.13 $196,094.13 $216,651.75 $216,651.75 $212,240.00 $212,240.00
17 Total Base Bid Section 16 - Mack Drive (Items 12-23):1 EA $346,645.00 $346,645.00 $360,177.99 $360,177.99 $399,179.75 $399,179.75 $407,944.75 $407,944.75
18 Total Base Bid Section 17 - May Drive (Items 12-23):1 EA $133,532.50 $133,532.50 $141,962.52 $141,962.52 $148,193.25 $148,193.25 $161,250.00 $161,250.00
19 Total Base Bid Section 18 - McCormick Street (Items 12-23):1 EA $124,902.50 $124,902.50 $148,100.60 $148,100.60 $138,357.75 $138,357.75 $165,227.50 $165,227.50
20 Total Base Bid Section 19 - Northwood Terrace (Items 12-23):1 EA $372,790.50 $372,790.50 $386,455.67 $386,455.67 $426,250.85 $426,250.85 $395,208.00 $395,208.00
21 Total Base Bid Section 20 - Orr Street (Items 12-23):1 EA $69,510.00 $69,510.00 $77,742.03 $77,742.03 $72,176.50 $72,176.50 $100,510.00 $100,510.00
22 Total Base Bid Section 21 - Panhandle Street (Items 12-23):1 EA $356,752.50 $356,752.50 $393,706.90 $393,706.90 $442,150.00 $442,150.00 $412,241.50 $412,241.50
23 Total Base Bid Section 22 - Ponder Avenue (Items 12-23):1 EA $119,282.50 $119,282.50 $121,375.32 $121,375.32 $131,795.75 $131,795.75 $149,000.00 $149,000.00
24 Total Base Bid Section 23 - Quail Ridge Drive (Items 12-23):1 EA $319,270.00 $319,270.00 $336,226.81 $336,226.81 $361,560.75 $361,560.75 $349,375.00 $349,375.00
25 Total Base Bid Section 24 - Roberts Street (Items 12-23):1 EA $111,032.50 $111,032.50 $120,683.71 $120,683.71 $124,092.75 $124,092.75 $144,235.00 $144,235.00
26 Total Base Bid Section 25 - Savannah Trail (Items 12-23):1 EA $154,437.50 $154,437.50 $162,913.98 $162,913.98 $174,224.75 $174,224.75 $177,305.00 $177,305.00
27 Total Base Bid Section 26 - Sandy Creek Drive (Items 12-23):1 EA $290,900.50 $290,900.50 $309,196.09 $309,196.09 $342,907.75 $342,907.75 $309,884.50 $309,884.50
28 Total Base Bid Section 27 - W. Sycamore Street (Items 12-23):1 EA $548,940.00 $548,940.00 $573,226.71 $573,226.71 $631,018.00 $631,018.00 $579,205.00 $579,205.00
29 Total Base Bid Section 28 - Wayne Street (Items 12-23):1 EA $224,802.50 $224,802.50 $241,375.72 $241,375.72 $255,953.50 $255,953.50 $242,451.25 $242,451.25
30 Total Base Bid Section 29 - Whitney Court (Items 12-23):1 EA $82,141.50 $82,141.50 $90,722.14 $90,722.14 $89,086.30 $89,086.30 $117,054.00 $117,054.00
31 Total Base Bid Section 30 - Woodland Street (Items 12-23):1 EA $143,740.00 $143,740.00 $153,332.58 $153,332.58 $157,625.75 $157,625.75 $170,700.00 $170,700.00
Reliable Paving, Inc.Jagoe-Public Company Pavecon Public Works, LP Eurovia Atlantic Coast LLC dba
Sunmount Paving
Exhibit 2IFB 7495 - Bid Tabulation for Street Rehabilitation Project
Respondent's Business Name:
5% Contingency:Total Contract Amount:520,657.5510,933,808.55
$11,990,376.00
Arlington, TX Denton, TX Grand Prairie, TX Justin, TX
TOTAL BASE BID AMOUNT (Sections 1-30)
Principal Place of Business (City and State):
Total:$10,413,151.00 $10,854,014.75 $11,747,723.05
282
STREET NAME FROM STREET TO STREET
Angelina Bend Dr San Gabriel Dr San Gabriel Dr
Archer Trail Foxcroft Cr Emerson Ln
Ave A Ave A Greenlee
Ave B Margie Underwood
Ave D Highland W Maple
Ave H Louise Prairie W
Brown Dr Roberts Dr Woodland Dr
Crescent St Fulton St Alice St
Crescent St Alice St Denton St
Crescent St Denton St Coit St
Crescent St Coit St Carroll Bld
Fannin St Welch S Beatty
Foxcroft Cir Emerson Ln Archer Tr
Foxcroft Cir Archer Tr Alley
Foxcroft Cir Alley Northcrest Rd
Foxcroft Cir Northcrest Rd Old North Rd
Foxcroft Cir Old North Rd Emerson Ln
Fulton St Cordell Crescent
Fulton St Broadway Panhandle
Fulton St Congress W Grace Temple Av
Fulton St Grace Temple Av Gregg
Fulton St Gregg Oak W
Hickory St Cedar N Elm N
Hickory St Elm N Locust N
Hillcrest ST Panhandle St Scripture St
Locksley Ln Emerson Ln Jamestown Ln
Locksley Ln Jamestown Ln Maid Marion Pl
Mack Dr Paisley Doubleoak
Mack Place Lee Dr PaisleySt
May St Henderson Dr Pinckney Dr
May St Pinckney Dr Autumn Oak
Mccormick St Eagle Dr W Fannin
Northwood Terrace Greenwood Dr Cherrywood Ln
Orr St Elm Locust N
Panhandle St Aileen Gober
Panhandle St Gober Malone St
Ponder Ave Linden Dr Broadway
Quail Ridge Dr Cooper Branch E La Palma Dr
Roberts St Brown Brown
Savannah Trail Longridge Dr Whitney Ct
Sandy Creek Dr Angelina Bend Dr Sandy Creek Dr
Sycamore St Bernard Carroll Bv S
Sycamore St Bernard S Welch St
Wayne St Snyder Mozingo
Wayne St Boyd Snyder
Whitney Ct East Savannah Tr
Woodland St Brown Cherrywood Ln
Denton Street Rehabilitation Program
Exhibit 3
283
Denton Street
Rehabilitation
Project
Request Contract Award
City Council –February 2, 2021
File ID -21-090 284
Project Scope
Street reconstruction project consisting of 47
residential street segments with an Overall
Condition Index (OCI) rating of 30 or less from
the 2012 and 2014 Bond Program.
File ID -21-090285
Street Extents
STREET NAME FROM TO
Hillcrest St Panhandle Scripture
Locksley Ln Emerson Maid Marion
Mack Place Lee Dr Paisley
May St Henderson Autumn
McCormick St W Eagle Fannin
Northwood Terrace Greenwood Cherrywood
Orr St Elm Locust
Panhandle St Aileen Malone
Ponder Ave Linden Broadway
Quail Ridge Dr Cooper Branch E La Palma
Roberts St Brown Brown
Savannah Trail Longridge Whitney
Sandy Creek Dr Angelina Bend Sandy Creek
Sycamore St Carroll Welch
Wayne St Boyd Mozingo
Whitney Ct East Savannah Tr
Woodland St Brown Cherrywood
STREET NAME FROM TO
Angelina Bend Dr San Gabriel Dr San Gabriel Dr
Archer Trail Foxcroft Cr Emerson Ln
Ave A Ave A Greenlee
Ave B Margie Underwood
Ave D Highland W Maple
Ave H Louise W Prairie
Brown Dr Roberts Dr Woodland
Crescent St Fulton Carroll
Fannin St Welch Beatty
Foxcroft Cir Emerson Old North
Fulton St Broadway Panhandle
Fulton St Cordell Crescent
Fulton St W Congress W Oak
Hickory St Cedar Locust
File ID -21-090286
Bids Received:
BIDS RECEIVED*
Company Reliable Paving, Inc. Pavecon Public Works, LP Sunmount Paving Jagoe-Public Company
Base Bid $10,413,151.00 $11,747,723.05 $11,990,376.00 $10,854,014.75
5%
Contingency $520,657.55 $587,386.15 $599,518.80 $542,700.74
Total $10,933,808.55 $12,335,109.20 $12,589,894.80 $11,396,715.48
*Invitation for Bid solicitation methodology was used where the lowest responsible bid is
being recommended for contract award
File ID -21-090287
•Council Award –February 2, 2021
•Pre-Construction Meeting –Tuesday February 10, 2021
➢Issue Notice to Proceed February 15, 2021
•Construction –Winter 2021 to Winter 2022
➢Anticipated construction completion by December 2022
Construction Schedule:
File ID -21-090288
Staff Recommendation:
Adoption of an ordinance awarding the construction contract for the
Denton Street Rehabilitation Project to Reliable Paving, Inc. in the not-to-exceed amount of $10,933,808.55.
Contract Amount $10,413,151.00
5% Contingency $520,657.55
Total Not-to-Exceed Amount $10,933,808.55
File ID -21-090289
Questions?
File ID -21-090290
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A CONTRACT WITH RELIABLE PAVING, INC., FOR THE CONSTRUCTION
OF THE DENTON STREET REHABILITATION PROJECT FOR THE CITY OF DENTON;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (IFB 7495 AWARDED TO RELIABLE PAVING, INC., IN THE NOT-
TO-EXCEED AMOUNT OF $10,933,808.55).
WHEREAS, the City has solicited, received, and tabulated competitive bids for the
purchase of necessary materials, equipment, supplies, or services in accordance with the
procedures of state law and City ordinances; and
WHEREAS, the City Manager, or a designated employee, has reviewed and
recommended that the herein described bids are the lowest responsible bids for the materials,
equipment, supplies, or services as shown in the Bid Proposals submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the materials, equipment, supplies, or
services, as described in the Bid Invitations , Bid Proposals or plans and specifications on file
in the Office of the City s Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER VENDOR AMOUNT
7495 Reliable Paving, Inc. $10,933,808.55
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for such items and
agrees to purchase the materials, equipment, supplies, or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations,
Bid Proposals, and related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal
written agreement as a result of the acceptance, approval, and awarding of the bids, the City
Manager, or his designated representative, is hereby authorized to execute a written contract in
accordance with the terms, conditions, specifications, standards, quantities and specified sums
contained in the Bid Proposal and related documents and to extend that contract as determined to
be advantageous to the City of Denton.
291
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 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 [___ - ___]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ ______
Birdia Johnson, District 1: ______ ______ ______ ______
Connie Baker, 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 ___________________________, 2021.
__________________________________
GERARD HUDSPETH, MAYOR
292
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: _________________________________
293
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
294
00 52 43 - 1
Agreement
Page 1 of 6
CITY OF DENTON 7495 Denton Street Rehabilitation
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, 4
and Reliable Paving, Inc., 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
Denton Street Rehabilitation 14
Contract No: 7495 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 Ten million four hundred thirteen thousand one 18
hundred fifty-one Dollars and 0/100 cents ($10,413,151.00). At the sole option of the City, five 19
(5) percent contingency in the amount of Five hundred twenty thousand six hundred and fifty-20
seven Dollars and 55/100 cents ($520,657.55) may be used for a total not-to-exceed amount of 21
Ten million nine hundred thirty-three thousand eight hundred and eight dollars and 55/100 cents 22
($10,933,808.55). 23
24
Article 4. CONTRACT TIME 25
4.1 Final Acceptance. 26
The Work will be complete for Final Acceptance within 600 days after the date when the 27
Contract Time commences to run, as provided in Paragraph 2.03 of the General Conditions, 28
plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 29
4.2 Liquidated Damages 30
Contractor recognizes that time is of the essence for completion of Milestones, if any, and 31
to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is 32
not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also 33
recognizes the delays, expense and difficulties involved in proving in a legal proceeding, 34
the actual loss suffered by the City if the Work is not completed on time. Accordingly, 35
instead of requiring any such proof, Contractor agrees that as liquidated damages for delay 36
(but not as a penalty), Contractor shall pay City One thousand two hundred and fifty Dollars 37
($1,250.00) for each day that expires after the time specified in Paragraph 4.1 for Final 38
Acceptance until the City issues the Final Letter of Acceptance. 39
295
00 52 43 - 2
Agreement
Page 2 of 6
CITY OF DENTON 7495 Denton Street Rehabilitation
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Article 5. CONTRACT DOCUMENTS 1
5.1 CONTENTS: 2
A. The Contract Documents which comprise the entire agreement between City and 3
Contractor concerning the Work consist of the following: 4
1. This Agreement. 5
2. Attachments to this Agreement: 6
a. Bid Form 7
1) Proposal Form 8
2) Vendor Compliance to State Law Non-Resident Bidder 9
b. Current Prevailing Wage Rate Table 10
c. 11
d. General Conditions. 12
e. Supplementary Conditions. 13
3. The following located in File 7495 at: 14
https://lfpubweb.cityofdenton.com/MaterialsManagement/Browse.aspx?startid=1915
&row=1&dbid=0: 16
a. Specifications described in the Table of Contents of the Project Contract 17
Documents. 18
b. North Central Texas Council of Governments Standard Specifications for Public 19
Works Construction Fourth Edition, Divisions 200-800, and as amended by 20
City, and described in the Tabl 21
c. Drawings. 22
d. Addenda. 23
e. Documentation submitted by Contractor prior to Notice of Award. 24
4. The following which shall be issued after the Effective Date and delivered to the City 25
within ten (10) days of the Effective Date and before beginning Work: 26
a. Payment Bond 27
b. Performance Bond 28
c. Maintenance Bond 29
d. Power of Attorney for the Bonds 30
e. Form 1295 Certificate of Interested Parties (email to purchasing) 31
f. Insurance Certificate 32
5. The following which may be delivered or issued after the Effective Date and, if 33
issued, become an incorporated part of the Contract Documents: 34
a. Notice to Proceed. 35
b. Field Orders. 36
c. Change Orders. 37
d. Letter of Final Acceptance. 38
39
40
296
00 52 43 - 3
Agreement
Page 3 of 6
CITY OF DENTON 7495 Denton Street Rehabilitation
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
297
00 52 43 - 4
Agreement
Page 4 of 6
CITY OF DENTON 7495 Denton Street Rehabilitation
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
to those terms 10
in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 11
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, CONTRACTOR26
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
298
00 52 43 - 5
Agreement
Page 5 of 6
CITY OF DENTON 7495 Denton Street Rehabilitation
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
299
00 52 43 - 6
Agreement
Page 6 of 6
CITY OF DENTON 7495 Denton Street Rehabilitation
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 (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
ROSA RIOS, 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
RELIABLE PAVING, INC.
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
300
00 41 00 - 1
BID FORM
Page 1 of 3
CITY OF DENTON Bid No. 7495
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 190057
Revised September 20, 2018
SECTION 00 41 00 1
BID FORM 2
TO: Laura Hermosillo 3
c/o: Purchasing Division 4
901-B Texas Street 5
Denton, Texas 76209 6
7
FOR: Denton Street Rehabilitation 8
9
1 Enter Into Agreement 10
11
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement 12
with City in the form included in the Bidding Documents to perform and furnish all Work as 13
specified or indicated in the Contract Documents for the Bid Price and within the Contract Time 14
indicated in this Bid and in accordance with the other terms and conditions of the Contract 15
Documents. 16
17
2 BIDDER Acknowledgements and Certification 18
19
2.1 In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION 20
TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those 21
dealing with the disposition of Bid Bond. 22
2.2 Bidder is aware of all costs to provide the required insurance, will do so pending contract 23
award, and will provide a valid insurance certificate meeting all requirements within 14 24
days of notification of award. 25
2.3 Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any 26
undisclosed individual or entity and is not submitted in conformity with any collusive 27
agreement or rules of any group, association, organization, or corporation. 28
2.4 Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false 29
or sham Bid. 30
2.5 Bidder has not solicited or induced any individual or entity to refrain from bidding. 31
2.6 Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing 32
for the Contract. For the purposes of this Paragraph: 33
a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing 34
of value likely to influence the action of a public official in the bidding process. 35
36
b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to 37
influence the bidding process to the detriment of City (b) to establish Bid prices 38
at artificial non-competitive levels, or (c) to deprive City of the benefits of free 39
and open competition. 40
41
c. "collusive practice" means a scheme or arrangement between two or more 42
Bidders, with or without the knowledge of City, a purpose of which is to 43
establish Bid prices at artificial, non-competitive levels. 44
45
d. "coercive practice" means harming or threatening to harm, directly or indirectly, 46
persons or their property to influence their participation in the bidding process or 47
affect the execution of the Contract. 48
49
301
302
303
BID PROPOSAL 00 42 43
Page 1 of 14
City of Denton - Capital Projects From:ENTER Contractor Name
901-A Texas Street ENTER Street Address
Denton, TX 76209 ENTER City, ST ZIP
Attn: Laura Hermosillo/Purchasing Dept.ENTER Contact
IFB:7495 - Denton Street Rehabilitation ENTER Phone
CIP/ENG:190057 ENTER Email
1 Barricades, Warning and Detour Signs, Traffic Handling 801.1 LS 1 150,000.00$ 150,000.00$
2 Joint Storm Water Pollution Prevention Plan 202 LS 1 50,000.00$ 50,000.00$
3 Mobilization and General Site Preparation 203.1 LS 1 500,000.00$ 500,000.00$
4 Pre-Construction Video LS 1 1,400.00$ 1,400.00$
5 Additional Water Valve Adjustments EA 10 550.00$ 5,500.00$
6 Additional Manhole or Cleanout Adjustments EA 7 825.00$ 5,775.00$
7
Additional Sawcut, Remove and Replace Asphalt Pavement
(Full Depth) for Residential Street Type SY 6800 67.50$ 459,000.00$
8
Additional Sawcut, Remove and Replace Asphalt Pavement
(Full Depth) for Residential Collector Street Type
SY 1865
73.00$ 136,145.00$
9
Additional Sawcut, Remove and Replace Asphalt Pavement
(Full Depth) for Secondary Arterial Street Type SY 815 93.50$ 76,202.50$
10
Additional Sawcut, Remove and Replace Concrete Curb &
Gutter LF 7710 41.50$ 319,965.00$
11 Sawcut, Remove and Replace Concrete Driveways 402 SF 13050 10.50$ 137,025.00$
1,841,012.50$
12 Cleanup 107.24 LS 1 7,170.00$ 7,170.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 7025 67.50$ 474,187.50$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF 267 7.00$ 1,869.00$
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY 29 175.00$ 5,075.00$
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 2985 41.50$ 123,877.50$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA None
21 Adjust Existing Water Valve to Final Grade EA 3 550.00$ 1,650.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
Section 2 - ANGELINA BEND DRIVE Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Section 1 - PROJECT ITEMS
Bidlist
Item No.
Total Base Bid Section 1 (Items 1-11)
Bidder's Proposal
Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
BIDDERS APPLICATION - UNIT PRICE BID
CITY OF DENTON - Revised September 20, 2018
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Bid No. 7495
Project No. 190057
304
BID PROPOSAL 00 42 43
Page 2 of 14
613,829.00$
12 Cleanup 107.24 LS 1 3,150.00$ 3,150.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 2985 67.50$ 201,487.50$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 1600 41.50$ 66,400.00$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 1 825.00$ 825.00$
21 Adjust Existing Water Valve to Final Grade EA 5 550.00$ 2,750.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
$274,612.50
12 Cleanup 107.24 LS 1 2,200.00$ 2,200.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 2170 68.50$ 148,645.00$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 985 41.50$ 40,877.50$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 3 825.00$ 2,475.00$
21 Adjust Existing Water Valve to Final Grade EA 2 550.00$ 1,100.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
195,297.50$
Total Base Bid Section II (Items 12-23)
Total Base Bid Section 3 (Items 12-23)
Section 3 - ARCHER TRAIL Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Section 4 - AVENUE A Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 4 (Items 12-23)
CITY OF DENTON - Revised September 20, 2018
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Bid No. 7495
Project No. 190057
305
BID PROPOSAL 00 42 43
Page 3 of 14
12 Cleanup 107.24 LS 1 1,300.00$ 1,300.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 1360 69.00$ 93,840.00$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 325 41.50$ 13,487.50$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 1 825.00$ 825.00$
21 Adjust Existing Water Valve to Final Grade EA None
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
109,452.50$
12 Cleanup 107.24 LS 1 1,700.00$ 1,700.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY None
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY 1570 73.50$ 115,395.00$
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF 100 16.00$ 1,600.00$
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY 11 243.50$ 2,678.50$
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 435 41.50$ 18,052.50$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA None
21 Adjust Existing Water Valve to Final Grade EA 1 550.00$ 550.00$
22 Remove and Reinstall Wheel Stop EA 8 166.50$ 1,332.00$
23 Pavement Markings LS 1 6,535.00$ 6,535.00$
147,843.00$
Section 5 - AVENUE B Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 5 (Items 12-23)
Section 6 - AVENUE D Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 6 (Items 12-23)
CITY OF DENTON - Revised September 20, 2018
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Bid No. 7495
Project No. 190057
306
BID PROPOSAL 00 42 43
Page 4 of 14
12 Cleanup 107.24 LS 1 1,250.00$ 1,250.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 1240 69.50$ 86,180.00$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF 206 7.50$ 1,545.00$
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY 23 144.00$ 3,312.00$
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 480 41.50$ 19,920.00$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA None
21 Adjust Existing Water Valve to Final Grade EA 4 550.00$ 2,200.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
114,407.00$
12 Cleanup 107.24 LS 1 1,440.00$ 1,440.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 1350 69.00$ 93,150.00$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 610 41.50$ 25,315.00$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 2 825.00$ 1,650.00$
21 Adjust Existing Water Valve to Final Grade EA 4 550.00$ 2,200.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
123,755.00$
Section 7 - AVENUE H Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 7 (Items 12-23)
Section 8 - BROWN DRIVE Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 8 (Items 12-23)
CITY OF DENTON - Revised September 20, 2018
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Bid No. 7495
Project No. 190057
307
BID PROPOSAL 00 42 43
Page 5 of 14
12 Cleanup 107.24 LS 1 7,335.00$ 7,335.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY None
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY 7340 72.00$ 528,480.00$
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 2575 41.50$ 106,862.50$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 9 825.00$ 7,425.00$
21 Adjust Existing Water Valve to Final Grade EA 6 550.00$ 3,300.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS 1 2,722.00$ 2,722.00$
656,124.50$
12 Cleanup 107.24 LS 1 1,220.00$ 1,220.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 1095 67.50$ 73,912.50$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 510 41.50$ 21,165.00$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 2 825.00$ 1,650.00$
21 Adjust Existing Water Valve to Final Grade EA 1 550.00$ 550.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
98,497.50$
Section 9 - CRESCENT STREET Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 9 (Items 12-23)
Section 10 - FANNIN STREET Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 10 (Items 12-23)
CITY OF DENTON - Revised September 20, 2018
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Bid No. 7495
Project No. 190057
308
BID PROPOSAL 00 42 43
Page 6 of 14
12 Cleanup 107.24 LS 1 14,000.00$ 14,000.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 13005 67.50$ 877,837.50$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 6040 41.50$ 250,660.00$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 16 825.00$ 13,200.00$
21 Adjust Existing Water Valve to Final Grade EA 15 550.00$ 8,250.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
1,163,947.50$
12 Cleanup 107.24 LS 1 8,675.00$ 8,675.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY None
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY 8145 91.00$ 741,195.00$
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 3105 41.50$ 128,857.50$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA 1 825.00$ 825.00$
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 5 825.00$ 4,125.00$
21 Adjust Existing Water Valve to Final Grade EA 19 550.00$ 10,450.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS 1 2,025.00$ 2,025.00$
896,152.50$
Section 11 - FOXCROFT CIRCLE Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 11 (Items 12-23)
Section 12 - FULTON STREET Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 12 (Items 12-23)
CITY OF DENTON - Revised September 20, 2018
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Bid No. 7495
Project No. 190057
309
BID PROPOSAL 00 42 43
Page 7 of 14
12 Cleanup 107.24 LS 1 2,300.00$ 2,300.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY None
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY 2550 73.00$ 186,150.00$
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 895 41.50$ 37,142.50$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA 1 825.00$ 825.00$
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA None
21 Adjust Existing Water Valve to Final Grade EA 2 550.00$ 1,100.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS 1 6,000.00$ 6,000.00$
233,517.50$
12 Cleanup 107.24 LS 1 4,175.00$ 4,175.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 4130 67.50$ 278,775.00$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 1645 41.50$ 68,267.50$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 2 825.00$ 1,650.00$
21 Adjust Existing Water Valve to Final Grade EA 1 550.00$ 550.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
353,417.50$
Section 13 - W. HICKORY STREET Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 13 (Items 12-23)
Section 14 - HILLCREST STREET Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 14 (Items 12-23)
CITY OF DENTON - Revised September 20, 2018
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Bid No. 7495
Project No. 190057
310
BID PROPOSAL 00 42 43
Page 8 of 14
12 Cleanup 107.24 LS 1 2,400.00$ 2,400.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 2150 68.25$ 146,737.50$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 955 43.50$ 41,542.50$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 1 825.00$ 825.00$
21 Adjust Existing Water Valve to Final Grade EA 2 550.00$ 1,100.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
192,605.00$
12 Cleanup 107.24 LS 1 3,900.00$ 3,900.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 915 70.00$ 64,050.00$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY 2985 72.50$ 216,412.50$
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 1385 41.50$ 57,477.50$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 3 825.00$ 2,475.00$
21 Adjust Existing Water Valve to Final Grade EA None
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS 1 2,330.00$ 2,330.00$
346,645.00$
Section 15 - LOCKSLEY LANE Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 15 (Items 12-23)
Section 16 - MACK DRIVE Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 16 (Items 12-23)
CITY OF DENTON - Revised September 20, 2018
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Bid No. 7495
Project No. 190057
311
BID PROPOSAL 00 42 43
Page 9 of 14
12 Cleanup 107.24 LS 1 1,900.00$ 1,900.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 1560 69.00$ 107,640.00$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 545 41.50$ 22,617.50$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 1 825.00$ 825.00$
21 Adjust Existing Water Valve to Final Grade EA 1 550.00$ 550.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
133,532.50$
12 Cleanup 107.24 LS 1 1,900.00$ 1,900.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 1415 69.00$ 97,635.00$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 515 41.50$ 21,372.50$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA 1 825.00$ 825.00$
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 1 825.00$ 825.00$
21 Adjust Existing Water Valve to Final Grade EA 3 550.00$ 1,650.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS 1 695.00$ 695.00$
124,902.50$
Section 17 - MAY DRIVE Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 17 (Items 12-23)
Section 18 - MCCORMICK STREET Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 18 (Items 12-23)
CITY OF DENTON - Revised September 20, 2018
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Bid No. 7495
Project No. 190057
312
BID PROPOSAL 00 42 43
Page 10 of 14
12 Cleanup 107.24 LS 1 4,600.00$ 4,600.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 4070 68.00$ 276,760.00$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF 138 11.00$ 1,518.00$
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY 15 172.00$ 2,580.00$
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 2005 41.50$ 83,207.50$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 3 825.00$ 2,475.00$
21 Adjust Existing Water Valve to Final Grade EA 3 550.00$ 1,650.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
372,790.50$
12 Cleanup 107.24 LS 1 1,325.00$ 1,325.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 905 70.00$ 63,350.00$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 90 41.50$ 3,735.00$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA None
21 Adjust Existing Water Valve to Final Grade EA 2 550.00$ 1,100.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
69,510.00$
Section 19 - NORTHWOOD TERRACE Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 19 (Items 12-23)
Section 20 - ORR STREET Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 20 (Items 12-23)
CITY OF DENTON - Revised September 20, 2018
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Bid No. 7495
Project No. 190057
313
BID PROPOSAL 00 42 43
Page 11 of 14
12 Cleanup 107.24 LS 1 4,175.00$ 4,175.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY None
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY 4190 67.25$ 281,777.50$
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 1600 41.50$ 66,400.00$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 2 825.00$ 1,650.00$
21 Adjust Existing Water Valve to Final Grade EA 5 550.00$ 2,750.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
356,752.50$
12 Cleanup 107.24 LS 1 2,280.00$ 2,280.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 1390 69.00$ 95,910.00$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 495 41.50$ 20,542.50$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA None
21 Adjust Existing Water Valve to Final Grade EA 1 550.00$ 550.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
119,282.50$
Section 21 - PANHANDLE STREET Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 21 (Items 12-23)
Section 22 - PONDER AVENUE Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 22 (Items 12-23)
CITY OF DENTON - Revised September 20, 2018
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Bid No. 7495
Project No. 190057
314
BID PROPOSAL 00 42 43
Page 12 of 14
12 Cleanup 107.24 LS 1 3,815.00$ $3,815.00
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 3775 67.50$ $254,812.50
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 1395 41.50$ $57,892.50
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA None
21 Adjust Existing Water Valve to Final Grade EA 5 550.00$ $2,750.00
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
$319,270.00
12 Cleanup 107.24 LS 1 1,500.00$ 1,500.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 1290 69.00$ 89,010.00$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 415 41.50$ 17,222.50$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 4 825.00$ 3,300.00$
21 Adjust Existing Water Valve to Final Grade EA None
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
111,032.50$
Section 23 - QUAIL RIDGE DRIVE Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 23 (Items 12-23)
Section 24 - ROBERTS STREET Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 24 (Items 12-23)
CITY OF DENTON - Revised September 20, 2018
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Bid No. 7495
Project No. 190057
315
BID PROPOSAL 00 42 43
Page 13 of 14
12 Cleanup 107.24 LS 1 1,830.00$ 1,830.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 1675 69.00$ 115,575.00$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF 315 6.00$ 1,890.00$
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY 35 125.00$ 4,375.00$
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 695 41.50$ 28,842.50$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 1 825.00$ 825.00$
21 Adjust Existing Water Valve to Final Grade EA 2 550.00$ 1,100.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
154,437.50$
12 Cleanup 107.24 LS 1 3,450.00$ 3,450.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 3035 68.00$ 206,380.00$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF 727 4.00$ 2,908.00$
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY 81 90.00$ 7,290.00$
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 1615 41.50$ 67,022.50$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 4 825.00$ 3,300.00$
21 Adjust Existing Water Valve to Final Grade EA 1 550.00$ 550.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
290,900.50$
Section 25 - SAVANNAH TRAIL Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 25 (Items 12-23)
Section 26 - SANDY CREEK DRIVE Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 26 (Items 12-23)
CITY OF DENTON - Revised September 20, 2018
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Bid No. 7495
Project No. 190057
316
BID PROPOSAL 00 42 43
Page 14 of 14
12 Cleanup 107.24 LS 1 6,400.00$ 6,400.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 6130 67.50$ 413,775.00$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 2880 41.50$ 119,520.00$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA 1 825.00$ 825.00$
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 4 825.00$ 3,300.00$
21 Adjust Existing Water Valve to Final Grade EA 8 550.00$ 4,400.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS 1 720.00$ 720.00$
548,940.00$
12 Cleanup 107.24 LS 1 3,350.00$ 3,350.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 2615 67.50$ 176,512.50$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 1010 41.50$ 41,915.00$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 3 825.00$ 2,475.00$
21 Adjust Existing Water Valve to Final Grade EA 1 550.00$ 550.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
224,802.50$
Section 27 - W. SYCAMORE STREET Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Section 28 - WAYNE STREET Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Total Base Bid Section 28 (Items 12-23)
Total Base Bid Section 27 (Items 12-23)
CITY OF DENTON - Revised September 20, 2018
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Bid No. 7495
Project No. 190057
317
BID PROPOSAL 00 42 43
Page 15 of 14
12 Cleanup 107.24 LS 1 2,500.00$ 2,500.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 890 70.00$ 62,300.00$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF 63 21.50$ 1,354.50$
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY 7 91.00$ 637.00$
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 350 41.50$ 14,525.00$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 1 825.00$ 825.00$
21 Adjust Existing Water Valve to Final Grade EA None
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
82,141.50$
12 Cleanup 107.24 LS 1 1,780.00$ 1,780.00$
13 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Street Type SY 1805 68.50$ 123,642.50$
14 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Residential Collector Street Type SY None
15 Sawcut, Remove and Replace Asphalt Pavement (Full Depth)
for Secondary Arterial Street Type SY None
16 Sawcut and Remove Existing Concrete Pavement and
Flatwork SF None
17 6-inch Thick, 4,000 psi Portland Cement Reinforced Concrete
Pavement SY None
18 Sawcut, Remove and Replace Concrete Curb & Gutter LF 395 41.50$ 16,392.50$
19 Adjust Existing Miscellaneous Above Ground Utility
Appurtenance to Final Grade EA None
20 Adjust Existing Sanitary Sewer Manhole or Cleanout to Final
Grade EA 1 825.00$ 825.00$
21 Adjust Existing Water Valve to Final Grade EA 2 550.00$ 1,100.00$
22 Remove and Reinstall Wheel Stop EA None
23 Pavement Markings LS None
143,740.00$
$10,413,151.00Total Base Bid Amount (Sections 1-30)
Total Base Bid Section 30 (Items 12-23)
Total Base Bid Section 29 (Items 12-23)
Section 30 - WOODLAND STREET Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
Section 29 - WHITNEY COURT Bidder's Proposal
Bidlist
Item No.Description Specification
Section No.
Unit of
Measure
Bid
Quantity Unit Price Extended Price
CITY OF DENTON - Revised September 20, 2018
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Bid No. 7495
Project No. 190057
318
319
320
321
322
323
324
325
326
327
CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF 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 s Insurance ................................................................................................................ 18
5.05 Acceptance of Bonds and Insurance; Option to Replace........................................................... 19
Article 6 s Responsibilities ........................................................................................................ 19
6.01 Supervision and Superintendence............................................................................................... 19
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6.02 Labor; Working Hours ................................................................................................................ 19
6.03 Services, Materials, and Equipment ........................................................................................... 20
6.04 Project Schedule.......................................................................................................................... 20
6.05 Substitutes and -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 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 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 s Observation Status During Construction ........................................................................... 36
9.01 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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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 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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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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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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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 the Effective Date
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 (subject to the 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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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 provided in the 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 satisfaction of the City.
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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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 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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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 by Contractor, allocating portions
of the Contract Price to various portions of the Work and used as the basis for reviewing
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 (Division 00 00 00) 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.
63. Supplementary Conditions That part of the Contract Documents which amends or
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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 s allowed, s approved, s ordered,
directed or terms of like effect or import to authorize an exercise of judgment by City. In
addition, the adjectives 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).
C. Defective:
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1. The word when modifying the word Work, refers to Work that is
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 s written acceptance.
D. Furnish, Install, Perform, Provide:
1. The word or the word or the word m or the word or
the word 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.
2.05 Preconstruction Conference
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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
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 required to produce the 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 relatively
narrative by comparison. Omission of such words and phrases as e Contractor shall,n
conformity with, s shown, or s specified are intentional in streamlined sections.
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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
Sections include but are not necessarily limited to:and elsewhere within each Specification
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 any 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. 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. If, during the
performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
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
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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. s review of a Submittal (subject to the provisions of Paragraph 6.18.C); or
3. 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 verification
or adaptation by Engineer.
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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 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 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.
C. Contractor shall provide for all additional lands and access thereto that may be required for
construction facilities or storage of materials and equipment.
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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 l data contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such l 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 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 l 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 l 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
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.
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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),
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, if any, to
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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 l data contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such l 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 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 l 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 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
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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 resume such Work based on a
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 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 s or 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 s obligations under the
Contract Documents.
B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security
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
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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
mpanies 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, within 30 days after the event
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 l Insured on all liability policies.
2. The s general liability insurance shall include a, r project or r
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 of Recovery) in favor
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
6. Failure of the City to demand such certificates or other evidence of full compliance with the
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insurance requirements or failure of the City to identify a deficiency from evidence that is
provided shall not be construed as a waiver of 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 shall follow form of the
primary coverage.
8. Unless otherwise stated, all required insurance shall be written on the e . 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 s and their limits when deemed 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 deletion or revision or
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 law or
regulations binding upon either party or the underwriter on any such policies.
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14. City shall not be responsible for the direct payment of insurance premium costs for
s insurance.
5.04 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 W
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 mance of the Work and
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
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 y
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.
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 requirements identified in the
Supplementary Conditions.
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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 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 the sequence of 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
performance of Work beyond Regular Working Hours or for Weekend Working Hours without
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
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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 in Paragraph 2.07 and
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 monthly progress payment
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
may only be made by a Change Order.
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6.05 Substitutes and -
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
-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. -Equal Items: If in 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 -equal item, in which
case review and approval of the proposed item may, in 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 s sole discretion an item of material or equipment proposed by Contractor does
not qualify as an -equal item under Paragraph 6.05.A.1, it may be submitted as a
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 other than
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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
comply with Section 01 25 00 and:
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
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
of construction approved by City. Contractor shall submit sufficient information to allow City, in
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. s Evaluation: City will be allowed a reasonable time within which to evaluate each
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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 -equal or substitute will be ordered, installed or utilized until s review is complete,
which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal
for an -equal. City will advise Contractor in writing of its determination.
D. Special Guarantee: City may require Contractor to furnish at 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. s Cost Reimbursement: City will record 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. s Expense: Contractor shall provide all data in support of any proposed substitute or
-equal at 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
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 any of the Work just as
Contractor is responsible for s own acts and omissions. Nothing in the Contract
Documents:
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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 employed 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
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
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.
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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 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
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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
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 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 permits
and licenses.
6.10 Laws and Regulations
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
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
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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 s responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
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 Com 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 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.
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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
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
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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 relating to the safety of
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 s safety programs, if any.
D. Contractor shall inform City of the specific requirements of s safety program, if any,
with which 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. 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 Contract s designated safety representative at the Site.
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
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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.
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 to review the
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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 s review and acceptance of the pertinent submittal will be
at the sole expense and responsibility of Contractor.
C. s Review:
1. City will provide timely review of required Submittals in accordance with the Schedule of
Submittals acceptable to City. s review and acceptance will be only to determine if the
items covered by the submittals will, after installation or incorporation in the Work, 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. 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. 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. 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 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
s warranty and guarantee.
B. 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. 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 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, at its own
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 s responsibilities for construction means, methods, techniques,
sequences and procedures.
B. If professional design services or certifications by a design professional related to systems,
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 prof 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, 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. 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
Each of the terms
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 assistance awarded by the U.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 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 s employees or other City contractors,
proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage
of materials and equipment and the execution of such other work, and properly coordinate the
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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 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 s Work. s failure to so
report will constitute an acceptance of such other work as fit and proper for integration with
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 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
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
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
s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
13.03.
8.07 Limitations on s Responsibilities
A. The City shall not supervise, direct, or have control or authority over, nor be responsible for,
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
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
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, s employees and representatives shall comply with the specific applicable
requirements of s safety programs of which City has been informed pursuant to
Paragraph 6.14.
ARTICLE 9 S OBSERVATION STATUS DURING CONSTRUCTION
9.01 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 s Project Manager or duly
appointed representative during construction are set forth in the Contract Documents.
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 s executed Work. Based on information obtained during such
visits and observations, City will determine, in general, if the Work is proceeding in 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. 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. lity set
forth in Paragraph 8.07
or
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
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. s Project
Manager or duly authorized representative will review with Contractor the preliminary determinations
on such matters before rendering a written recommendation. s written decision will be final
(except as modified to reflect changed factual conditions or more accurate data).
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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. 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 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 reasonable
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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 .
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. : 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.
5. Each Contract Claim shall be accompanied by s written statement that the
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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
claim s last submittal (unless Contract allows additional time).
C. 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
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. 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 16 within 30 days of such
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 by City, and the
costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. 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 s Cost of the Work and fee shall
be determined in the same manner as Contracto 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
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 for which
Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and
Regulations.
d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or
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anyone directly or indirectly employed by any of them or for whose acts any of them may
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 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 Contr 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 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 s fee.
2. Expenses of s principal and branch offices other than s office at the
Site.
3. Any part of s capital expenses, including interest on 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.
C. s Fee: When all the Work is performed on the basis of cost-plus, s fee
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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, 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. 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
City subject to the provisions of Paragraph 9.05.
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C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to
cover 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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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 e and Payment Procedures varies by more than
25% (or as stipulated under e 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
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 s
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fee for overhead and profit (determined as provided in Paragraph 12.01.C).
C. s Fee: The 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
s additional fee shall be 15 percent except for:
1) rental fees for 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 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 s fee by an amount equal to five percent (5%) of such net 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.
12.03 Delays
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A. Where Contractor is reasonably delayed in the performance or completion of any part of the
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 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 given to Contractor.
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
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
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,
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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 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 s purchase thereof for incorporation in the Work.
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 g ) to
perform any inspections or tests ) 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 , d not pass or other
similar negative result, the Contractor shall be responsible for paying for any and all retests.
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 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 C s observation and replaced at
expense.
B. If City considers it necessary or advisable that covered Work be observed by City or inspected or
tested by others, Contractor, at 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 relating to such correction
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.
B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
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Contractor shall take no action that would void or otherwise impair 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 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 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 other Work, to the work
of others or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with the terms of 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. 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.
13.08 Acceptance of Defective Work
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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 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 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, s representatives, agents, consultants, employees, and 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 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
acceptable to City. Progress payments on account of Unit Price Work will be based on the number of
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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 incorporated in the Work
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 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. s processing of any payment requested in an Application for Payment will be based on
s observations of the executed Work, and on s review of the Application for Payment
and the accompanying data and schedules, that to the best of 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, the
results of any subsequent tests called for in the Contract Documents, a final determination
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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
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 Contractor or his
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. Reduction in Payment:
1. City may refuse to make payment of the amount requested because:
a. Claims have been made against City on
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 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 mance 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 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 accordance with the
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 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
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 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 corrected is less than 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
governing final payment, except that it shall not constitute a waiver of Contract Claims.
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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 determined by the City. 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 due to causes beyond the
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
limitation, may justify termination for cause:
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1. 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. s disregard of Laws or Regulations of any public body having jurisdiction;
3. s repeated disregard of the authority of City; or
4. s violation in any substantial way of any provisions of the Contract Documents;
or
5. 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 Work
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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, 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 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 Contractor
specifying the extent to which performance of Work under the contract is terminated, and the date
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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
submitted shall be subject to verification by the City upon removal of the items or, if the items are
391
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GENERAL CONDITIONS
Page 61 of 63
CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
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, 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
Supplementary Conditions; or
392
00 72 00 - 1
GENERAL CONDITIONS
Page 62 of 63
CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
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.
17.04 Survival of Obligations
393
00 72 00 - 1
GENERAL CONDITIONS
Page 63 of 63
CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
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.
394
00 73 00 - 1
SUPPLEMENTARY CONDITIONS
Page 1 of 4
CITY OF DENTON Bid No. 7495
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 190057
Revised September 20, 2018
SECTION 00 73 00 1
SUPPLEMENTARY CONDITIONS 2
TO 3
GENERAL CONDITIONS 4
5
6
Supplementary Conditions 7
8
These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other 9
provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 10
modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 11
of the General Conditions which are not so modified or supplemented remain in full force and effect. 12
13
Defined Terms 14
15
The terms used in these Supplementary Conditions which are defined in the General Conditions have the 16
meaning assigned to them in the General Conditions, unless specifically noted herein. 17
18
Modifications and Supplements 19
20
The following are instructions that modify or supplement specific paragraphs in the General Conditions and 21
other Contract Documents. 22
23
SC-4.01A 24
25
Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 26
Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the 27
Contract Drawings. 28
29
SC-4.01A.1. 30
31
The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of 32
33
34
Outstanding Right-Of-Way, and/or Easements to Be Acquired 35
PARCEL
NUMBER
OWNER TARGET DATE
OF POSSESSION
None
The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 36
and do not bind the City. 37
38
If Contractor considers the final easements provided to differ materially from the representations on the 39
Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, 40
notify City in writing associated with the differing easement line locations. 41
42
SC- 43
44
Utilities or obstructions to be removed, adjusted, and/or relocated 45
46
395
00 73 00 - 2
SUPPLEMENTARY CONDITIONS
Page 2 of 4
CITY OF DENTON Bid No. 7495
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 190057
Revised September 20, 2018
The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated 1
as of: 2
3
EXPECTED
OWNER
UTILITY AND LOCATION TARGET DATE OF
ADJUSTMENT
None
The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 4
and do not bind the City. 5
6
SC-4.02A. 7
8
The following are reports of explorations and tests of subsurface conditions at the site of the Work: 9
10
A Geotechnical Engineering Study Report No. 117-20-280, dated September 2020, prepared by CMJ 11
Engineering, Inc., a sub-consultant of Halff Associates, Inc., a consultant of the City, providing additional 12
information on general paving and subsurface conditions, evaluate the engineering characteristics of the 13
subsurface materials encountered, and develop recommendations for the types of pavement subgrade 14
preparation and stabilization and provide asphalt pavement design guidelines. 15
16
Geotechnical Engineering Study Reports on eight (8) additional streets prepared by GEE Consultants, Inc., 17
a consultant of the City, providing additional information on general paving and subsurface conditions, 18
evaluate the engineering characteristics of the subsurface materials encountered, and develop 19
recommendations for the types of pavement subgrade preparation and stabilization and provide asphalt 20
pavement design guidelines. 21
22
The following are drawings of physical conditions in or relating to existing surface and subsurface 23
structures (except Underground Facilities) which are at or contiguous to the site of the Work: 24
None 25
26
SC-4.06A. 27
28
The following are reports and drawings of existing hazardous environmental conditions known to the City: 29
None 30
31
SC-5.03A. 32
33
The entities listed below are "additional insureds as their interest may appear" including their respective 34
officers, directors, agents and employees. 35
36
(1) City 37
(2) Consultant: Halff Associates, Inc. 38
(3) Other: None 39
40
SC-5.04A. 41
42
The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 43
coverages for not less than the following amounts or greater where required by laws and regulations: 44
45
5.04A. Workers' Compensation, under Paragraph GC-5.04A. 46
47
Statutory limits 48
Employer's liability 49
396
00 73 00 - 3
SUPPLEMENTARY CONDITIONS
Page 3 of 4
CITY OF DENTON Bid No. 7495
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 190057
Revised September 20, 2018
$100,000 each accident/occurrence 1
$100,000 Disease - each employee 2
$500,000 Disease - policy limit 3
4
SC-5.04B. 5
6
5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance 7
under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with 8
minimum limits of: 9
10
$1,000,000 each occurrence 11
$2,000,000 aggregate limit 12
13
The policy must have an endorsement (Amendment Aggregate Limits of Insurance) making the 14
General Aggregate Limits apply separately to each job site. 15
16
The Commercial General Liability Insurance policies shall pr17
Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 18
19
SC 5.04C. 20
5.04C. Automobile Liability, under Paragraph GC-5.04C. rance under 21
Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: 22
23
(1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", 24
defined as autos owned, hired and non-owned. 25
26
$1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 27
least: 28
29
$250,000 Bodily Injury per person / 30
$500,000 Bodily Injury per accident / 31
$100,000 Property Damage 32
33
SC-5.04D. 34
35
None. 36
37
SC-6.09., 38
39
SC-6 40
The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 41
None 42
43
SC- 44
The following are known permits and/or licenses required by the Contract to be acquired by the City: None 45
46
SC- 47
48
The following is a list of known outstanding permits and/or licenses to be acquired, if any as of: 49
50
Outstanding Permits and/or Licenses to Be Acquired 51
OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE
OF POSSESSION
None
397
00 73 00 - 4
SUPPLEMENTARY CONDITIONS
Page 4 of 4
CITY OF DENTON Bid No. 7495
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 190057
Revised September 20, 2018
OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE
OF POSSESSION
SC-7.02. 1
2
The individuals or entities listed below have contracts with the City for the performance of other work at 3
the Site: 4
None 5
Vendor Scope of Work Coordination Authority
6
7
SC-8.01 8
9
None 10
11
SC-9.01.Manager 12
13
Manager for this Contract is Dustin Draper, or his/her successor pursuant to written 14
notification from the City Engineer. 15
16
SC-13 17
18
All required testing will be completed by the Contractor. 19
20
SC- 21
22
None 23
24
25
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
398
Certificate Of Completion
Envelope Id: 43881C81896D4D45953BB421249F0459 Status: Sent
Subject: Please DocuSign: City Council Contract 7495 - Denton Street Rehabilitation
Source Envelope:
Document Pages: 105 Signatures: 3 Envelope Originator:
Certificate Pages: 6 Initials: 1 Tabitha Millsop
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
tabitha.millsop@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
1/22/2021 4:26:03 PM
Holder: Tabitha Millsop
tabitha.millsop@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Tabitha Millsop
tabitha.millsop@cityofdenton.com
Assistant Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 1/22/2021 4:50:50 PM
Viewed: 1/22/2021 4:51:00 PM
Signed: 1/22/2021 4:52:07 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: 198.49.140.104
Sent: 1/22/2021 4:52:10 PM
Viewed: 1/22/2021 4:54:23 PM
Signed: 1/22/2021 4:54:57 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 1/22/2021 4:55:01 PM
Viewed: 1/22/2021 4:58:10 PM
Signed: 1/22/2021 5:01:23 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Charles M. Long
Jeremiah@reliablepaving.com
President
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 12.191.120.162
Sent: 1/22/2021 5:01:27 PM
Viewed: 1/25/2021 8:08:36 AM
Signed: 1/25/2021 8:39:50 AM
Electronic Record and Signature Disclosure:
Accepted: 1/25/2021 8:08:36 AM
ID: 4000daae-2ece-405f-af6e-d374a92f4cfe
399
Signer Events Signature Timestamp
Rebecca Diviney
Rebecca.Diviney@cityofdenton.com
Director of Capital Projects/City Engineer
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 47.222.28.222
Sent: 1/25/2021 8:39:55 AM
Viewed: 1/25/2021 8:49:15 AM
Signed: 1/25/2021 8:49:48 AM
Electronic Record and Signature Disclosure:
Accepted: 1/25/2021 8:49:15 AM
ID: c8a2adb0-57f4-41d8-ab5f-4fa797ca5432
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 1/25/2021 8:49:52 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: 1/22/2021 4:52:10 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: 1/25/2021 8:49:52 AM
400
Carbon Copy Events Status Timestamp
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 1/25/2021 8:49:52 AM
Viewed: 1/25/2021 8:51:43 AM
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
Dustin Draper
Dustin.Draper@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 1/22/2021 4:50:50 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
401
402
403
404
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-177,Version:1
AGENDA CAPTION
Consider nominations/appointments to the City’s Boards,Commissions,and Committees:Airport Advisory
Board,Community Development Advisory Committee,Parks,Recreation &Beautification Board,and Public
Art Committee.
City of Denton Printed on 1/29/2021Page 1 of 1
powered by Legistar™405
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
ACM: Sara Hensley
DATE: February 2, 2021
SUBJECT
Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Airport
Advisory Board, Community Development Advisory Committee, Parks, Recreation & Beautification
Board, and Public Art Committee.
BACKGROUND
On January 4, 2021, the 2020-2022 Boards & Commissions Screening & Appointment Process was
presented and discussed with the City Council. This item is the first step in appointing members.
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
406
BOARD/COMMITTEE/COMMISSION COUNCIL
PLACE
NOMINATING
CCM
MEMBER
FIRST NAME PRESENT TERM NEW TERM
STATUS &
QUALIFICATION OR
PREFERENCE, IF ANY
Airport Advisory Board 5 Armintor-5 Dominique Beachum N/A
UNEXPIRED
September 1, 2020
through
August 31, 2022
New
Community Development Advisory Committee ALL - 1
All
[Baker-2]Jodi Vicars-Nance 2018-2020
September 1, 2020
through
August 31, 2022
Reappointment
Parks, Recreation & Beautification 2
Baker-2 Jerry Dooley N/A
UNEXPIRED
September 1, 2020
through
August 31, 2022
New
Public Art Committee 2 Baker-2 Alicia Eggert 2018-2020-UN
September 1, 2020
through
August 31, 2022
Reappointment
Public Art Committee GDAC GDAC Michelle Lynn 2018-2020
September 1, 2020
through
August 31, 2022
Reappointment
BOARDS & COMMISSIONS ‐ NOMINATIONS LIST
February 2, 2021
407
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:PD20-0008a,Version:1
AGENDA CAPTION
Hold a public hearing and consider adoption of an ordinance of the City of Denton,Texas regarding a rezoning
from Residential 4 (R4)District to Planned Development (PD)District on an approximately 8.23-acre property
generally located on the west side of Duncan Street and the east side of Hill Street,approximately 240 feet
north of Smith Street,in the City of Denton,Denton County,Texas;adopting an amendment to the City’s
official zoning map;providing for a penalty in the maximum amount of $2,000.00 for violations thereof;
providing a severability clause and an effective date.The Planning and Zoning Commission voted [7-0]to
approve the request. (PD20-0008a, Habitat for Humanity, Hayley Zagurski).
City of Denton Printed on 1/29/2021Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
DCM: Sara Hensley
DATE: February 2, 2021
SUBJECT
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas regarding a
rezoning from Residential 4 (R4) District to Planned Development (PD) District on an approximately 8.23-
acre property generally located on the west side of Duncan Street and the east side of Hill Street,
approximately 240 feet north of Smith Street, in the City of Denton, Denton County, Texas; adopting an
amendment to the City’s official zoning map; providing for a penalty in the maximum amount of $2,000.00
for violations thereof; providing a severability clause and an effective date. The Planning and Zoning
Commission voted [7-0] to approve the request. (PD20-0008a, Habitat for Humanity, Hayley Zagurski).
BACKGROUND
The request is a rezoning from Residential 4 (R4) District to Planned Development (PD) District for a
proposed single-family residential subdivision on approximately 8.23 acres. The property is owned by
Habitat for Humanity of Denton County, and pending approval of this PD is proposed to be developed with
35 residential lots as an affordable housing village. The intent of the PD is to allow the development to
utilize smaller lot sizes than the current zoning of R4 would permit and to allow for a reduction in the
required parking for each unit.
The proposed amendments to the DDC standards are outlined in Exhibit 6, and are summarized in the table
below. For any standard not specified in the PD Regulations, the standards applicable to the Residential 6
(R6) District would apply since it is the most comparable to the lot sizes proposed.
Standard Proposed PD R4 District Difference
Minimum Lot Area 6,000 square feet 7,000 square feet - 1,000 square feet
Minimum Lot Width 40 feet 50 feet -10 feet
Minimum Lot Depth 80 feet 80 feet 0
Minimum Front Yard
Setback
10 feet 20 feet -10 feet
Side Yard Setback 5 feet 5 feet 0
Site Yard Setback (Corner
Lot/Adjacent to ROW)
10 feet 20 feet -10 feet
Rear Yard Setback 10 feet 10 feet 0
Maximum Height 40 feet 40 feet 0
Maximum Building
Coverage
60 percent 50 percent +10 %
Street Trees 1 per 30 linear feet 1 per 30 linear feet No change proposed
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
409
Yard Trees 1 front yard & 1 rear
yard
1 per yard +1 per lot
Minimum Parking per
Unit
2 off-street spaces and 1
on-street space per
dwelling
4 off-street spaces per
dwelling unit
-1 space per dwelling
Tree Preservation Per 2019 DDC: 30% of
Heritage and Quality
Trees
Per 2019 DDC: 30% of
Heritage and Quality
Trees
No change
The PD Development Plan provided in Exhibit 7 reflects the intended layout for the subdivision, which
would include a maximum of 35 single family lots as well as two residential streets and a common area for
drainage/detention.
PLANNING AND ZONING COMMISSION
On January 6, 2021 the Planning and Zoning Commission held a public hearing and recommended approval
[7-0] of the requested rezoning to Planned Development. At the meeting the applicant presented the draft
plans for the development and answered questions regarding their proposal. One member of the public
spoke regarding the request and indicated that the PD should include additional uses such as Work/Live
Dwellings.
Minutes from the Planning and Zoning Commission meeting have not been finalized as of the drafting of
this report.
A full Staff Analysis of the proposed Planned Development, including a further analysis of the proposed
development standards, is provided in Exhibit 2.
OPTIONS
1. Recommend Approval
2. Recommend Approval Subject to Conditions
3. Recommend Denial
4. Postpone Item.
RECOMMENDATION
Staff recommends approval of the request as it complies with the criteria in Section 2.4.5.E of the Denton
Development Code (DDC) for approval of all applications, and Section 2.7.3.D of the DDC for approval of
a zoning change to PD District.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Date Council, Board, Commission Request Action
January 6, 2021 Planning and Zoning
Commission Rezoning to PD Recommend approval
PUBLIC OUTREACH:
Sixty seven (67) notices were sent to property owners within 200 feet of the subject property. One hundred
ninety five (195) courtesy notices were sent to physical and utility addresses within 500 feet of the subject
property. As of the writing of this report, no responses have been received.
A notice was published in the Denton Record Chronicle on December 20, 2020 and on January 16, 2021.
A notice was published on the City’s website on December 16, 2020 and on January 13, 2021.
410
Two (2) signs were posted on the property on December 22, 2020. Photos of the posted signs are included
in Exhibit 8.
A neighborhood meeting was held virtually via Zoom on December 17, 2020. Approximately 20 people
attended the meeting. Representatives from Habitat for Humanity presented regarding the agency’s mission
and the type of homes they develop as well the plans for this subdivision. A question and answer session
was held, and the representatives addressed concerns regarding the home values, the size and type of homes
planned, and traffic in the area.
A follow-up neighborhood meeting was held on Thursday, January 21, 2021. Approximately 18 individuals
attended the meeting, and Habitat for Humanity staff again presented the plans for the subdivision and
information about the homes they are seeking to develop. No concerns were expressed by those in
attendance.
DEVELOPER ENGAGEMENT DISCLOSURES
No developer contact disclosures have been provided to staff from members of this body as of the issuance
of this report.
EXHIBITS
1. Agenda Information Sheet
2. Staff Analysis
3. Site Location Map
4. Zoning Map
5. Future Land Use Map
6. PD Development Regulations
7. PD Development Plan
8. Notification Map and Responses
9. Draft Ordinance
10. Presentation
Respectfully submitted:
Richard Cannone, AICP
Deputy Director/Planning Director
Prepared by:
Hayley Zagurski, AICP
Senior Planner
411
Planning Staff Analysis
PD20-0008/Habitat for Humanity
City Council District #1
REQUEST:
Request to rezone approximately 8.23 acres from Residential 4 (R4) to Planned Development (PD)
to facilitate development of a single-family residential subdivision.
STAFF RECOMMENDATION:
Staff recommends approval of the request as it complies with the criteria in Section 2.4.5.E of the
Denton Development Code (DDC) for approval of all applications, and Section 2.7.3.D of the
DDC for approval of a zoning change to PD District.
SITE DATA:
The site is comprised of multiple tracts of land, totaling approximately 8.23 acres. The property is
currently undeveloped. The property has approximately 310 feet of frontage on Hill Street on the
eastern side and approximately 325 feet of frontage on Duncan Street on the west side. To the
north it is bounded by railroad right-of-way.
Per the Mobility Plan, Hill Street is a local residential street, and Duncan Street is a collector
roadway. Neither road is currently slated for improvements as part of the City’s capital projects.
This development would be responsible for right-of-way dedications and perimeter street
improvements such as sidewalks at the time of development.
SURROUNDING ZONING AND USES:
Northwest:
Zoning: R4 District
Use: Single-family residential
North:
Zoning: R4 District
Use: Single-family residential
and railroad right-of-way
Northeast:
Zoning: R4 District
Use: Single-family residential
and railroad right-of-way
West:
Zoning: R4 District
Use: Single-family residential SUBJECT PROPERTY
East:
Zoning: LI District
Use: Warehouse and light
industrial
Southwest:
Zoning: R4 District
Use: Single-family residential
South:
Zoning: R4 District
Use: Single-family residential
Southeast:
Zoning: R4 and LI Districts
Use: Single-family,
warehouse/light industrial
CONSIDERATIONS:
A. Section 2.4.5.E of the DDC provides approval criteria applicable to all applications.
1. General Criteria
a. Unless otherwise specified in this DDC, City review and decision-making bodies
must review all development applications submitted pursuant to this subchapter for
compliance with the general review criteria stated below.
The review criteria were applied as required.
b. The application may also be subject to additional review criteria specific to the
type of application, as set forth in sections 2.5 through 2.9.
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Section 2.7.3.D of the DDC applies to this rezoning to PD request. An analysis of
this request per those criteria can be found below in Consideration B.
c. If there is a conflict between the general review criteria in this section and the
specific review criteria in sections 2.5 through 2.9, the applicable review criteria
in sections 2.5 through 2.9 controls.
There are no conflicts between the general criteria and the criteria specific for
rezoning to PD requests.
2. Prior Approvals
There have been no prior approvals for this proposed Planned Development.
3. Consistent with the Comprehensive Plan and Other Applicable Plans
The decision–making authority:
a. Shall weigh competing goals, policies, and strategies.
There are no competing goals, policies, or strategies related to this proposal.
b. May approve an application that furthers the overall goals of the Comprehensive
Plan even if the development does not match the future land use designation in the
Comprehensive Plan.
The Future Land Use designation for the subject property is Low Residential;
however, the property is on the edge of this designation and is also in a transitional
zone where Low Residential meets Industrial Commerce. Low Residential is
intended for development at a density of 1 – 4 dwelling units per acre. The proposed
PD would have a density of approximately 4.25 dwelling units per acre. This
density is not out of character for the area, which features a variety of lot sizes, and
high-density development would not be inappropriate given the transitional nature
of this area on the Future Land Use Map.
Additionally, the Denton Plan 2030 specifically calls out the need for compatible
infill development within residential neighborhoods and encourages this as means
to increase the availability of affordable housing. Goal HN-1 calls for the
development and maintenance of a variety of housing stock that meets the needs of
all residents with a diversity of type, cost, and location choices. Policy 7.2 within
this goal speaks to the need to expand the availability of affordable housing choices
and calls for the City to support efforts by agencies such as Denton Housing
Authority, Denton Affordable Housing Corporation, and Habitat for Humanity in
order to expand the availability of housing for low to moderate income residents.
The proposed PD is consistent not only with the transitional nature of this area on
the Future Land Use Map but also with the Denton Plan 2030’s affordable housing
goals. The PD is intended to facilitate the development of more affordable housing
in this area by allowing for smaller lot sizes that the current zoning requires and by
reducing the requirements for off-street parking so that garages or enlarged
driveways would not be required for these units; instead allowing for the
development of only two parking spaces on each lot and allowing one parking space
on the street to count for each dwelling.
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In addition to these goals, Table 4.1 in the Comprehensive Plan provide urban
design guidelines for future development. These guidelines call for architectural
variety and quality that provides visual interest and avoids homogeneity. As is
described in the PD Development Standards, this subdivision is not only intended
to meet the DDC’s standards for residential design but is also intended to have an
architectural theme that will carry throughout the subdivision and provide visual
interest as well as help define the community character.
4. Compliance with this DDC
The proposed development shall comply with all applicable standards in this DDC,
unless the standard is to be lawfully modified.
This request is for a rezoning to Planned Development. The proposed Development
Regulations provided in Exhibit 6 indicate an intent to develop in accordance with
the 2019 DDC except for specific deviations outlined in the document, which are
further summarized in the table in Exhibit 1.
Compliance with these standards is applied at the level of detail required for the
subject submittal.
Compliance with the DDC has been analyzed at the level of detail necessary for a
Planned Development. Further analysis of the development will be completed
during the platting and civil engineering plan review, and compliance with the DDC
will be required for any deviation not specifically permitted as a part of the PD.
5. Compliance with Other Applicable Regulations
The PD regulations document indicates that the development will comply with all
provisions of the 2019 DDC other than those deviations proposed in Exhibit 6. The
development will be required to comply with the DDC as well as the City’s criteria
manuals for roadway, utility, and drainage improvements.
6. Consistent with Interlocal and Development Agreements
There are no interlocal or development agreements applicable to the site.
7. Minimizes Adverse Environmental Impacts
There are no Environmentally Sensitive Areas on the property, and the site will be
required to comply with the City’s requirements for storm water management and tree
preservation during the platting and engineering plan review process.
8. Minimizes Adverse Impacts on Surrounding Property
The proposed development is not expected to have adverse impacts on surrounding
properties. The proposed lot sizes are smaller than what the current R4 District requires
but are not inconsistent with the established development pattern in the area, which has
lot sizes ranging from over 10,000 square feet to 5,000 square feet. With a maximum
of 35 lots proposed, this development is not expected to have a negative impact or
significant increase in traffic.
9. Minimizes Adverse Fiscal Impacts
A full fiscal impact analysis was not completed for this development. While the cost of
service over time may outweigh the tax benefits received from this development over
time, the developer would be required to provide the infrastructure necessary to support
the development and pay impact fees in accordance with the City’s fee schedule.
Further, the intent of the proposed PD is to facilitate the development of affordable
housing, which is a clearly defined goal of the City’s comprehensive plan.
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Compliance with Utility, Service, and Improvement Standards
This proposed rezoning will not negatively affect utilities, services, or other
improvements. Utilities and infrastructure will be extended as necessary to support this
development.
Provides Adequate Road Systems
Roads necessary to provide access to proposed dwellings would be provided as shown
on the PD Development Plan.
Provides Adequate Public Services and Facilities
This proposed rezoning will not negatively affect public services and facilities. As
described below, adequate public services are available to serve the development.
13. Rational Phasing Plan
The PD proposes two phases for the development. Phase 1 would include 16 lots, and
Phase 2 would include 19 lots. Each phase is projected to occur over a 4-year period.
B. Section 2.7.3.D of the DDC states that an application for a rezoning to PD district may be
approved based on the following conditions:
a. Complies with the goals of the Comprehensive Plan.
As was indicated above, the Future Land Use designation for the subject property
is Low Residential but is also a transitional zone between Low Residential and
Industrial Commerce. The proposed PD would have a slightly higher density than
what is intended for areas of low-density residential development but is consistent
with the transitional nature of the area and the existing development pattern.
Further, this development is consistent with the Comprehensive Plan’s goals related
to infill development and affordable housing.
b. Complies with this DDC, except where modifications are expressly authorized
through the PD zoning document, the PD development standards document, and in
the PD development plan map.
The proposed PD Regulations indicate an intent to comply with all aspects of the
DDC other than those deviations expressly identified in the Exhibit 6. These
proposed deviations are detailed in the table provided in Exhibit 1.
c. Provides a greater level of building design quality, community amenities, and
connectivity than would be required if the project were not being developed in the
PD district.
The proposed PD includes provisions for greater landscaping per residential lot than
is required by the DDC and specifies an architectural theme for the development
that would provide an enhanced sense of community and style consistency
throughout the neighborhood, which is not required by the DDC. The proposed
streets would also increase connectivity within the area.
d. In the case of proposed residential development, that the development will promote
compatible buildings and uses and that it will be compatible with the character of
the surrounding areas.
The proposed PD would limit the residential uses permitted on the property to
single-family detached dwellings, which is consistent with the existing
development pattern in the surrounding area west of Duncan Street. Based upon the
sample elevations provided, the homes are intended to be single-story craftsman
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and modern style homes, which would be compatible with the variety of
architecture found in the surrounding neighborhoods.
e. In the case of proposed commercial, industrial, institutional, recreational and other
non-residential uses or mixed-uses, that such development will be appropriate in
area, location, and overall planning for the purpose intended.
Non-residential uses are not propsoed as part of this PD.
f. The provisions of public facilities such as schools, fire protection, law enforcement,
water, wastewater, streets, public services and parks are adequate to serve the
anticipated population within the PD district.
Schools
The proposed development of 35 single family residences would be expected to
generate approximately 8-9 elementary school student, 4-5 middle school
students, and 5-6 high school students based on Denton ISD’s student generation
formulas. Currently the subject property is within the attendance zones for
Houston Elementary School, McMath Middle School, and Denton High School.
A representative from Denton ISD confirmed that these schools all have capacity
to handle the expected student generation from this development. Due to the low
number of lots and limited student generation anticipated, it is not likely that there
would be a negative impact on schools in the area.
Nearest Fire Station
The closest fire station to the subject property is Fire Station 1 at 332 E. Hickory
Street. The subject property is located approximately 0.9 miles from Fire Station 1
via Bell Avenue and Robertson Street. Thus, the subdivision is within the eight
minutes or less response time boundary.
Law Enforcement
The proposed single-family development is not expected to generate a significant
increase in crime or nuisance issues for the police.
Water and Wastewater
Public water and wastewater services are available to the site and will be extended
throughout the site to serve the lots. No utility capacity issues have been identified
that would affect the proposed development.
Streets
Transportation related to the proposal
As part of the PD rezoning request, the applicant provided trip generation estimates.
The proposed single-family subdivision is expected to generate approximately 396
daily trips and 30 peak hour trips. These estimates do not trigger the need for a
Traffic Impact Analysis (TIA).
Roadway Impact Fees
Roadway impact fees, paid at the time of development, are determined using a
proportionality calculation based on the number of dwelling units and projected
vehicle trips. These fees are used to make roadway system improvements related to
the Mobility Plan.
Access and Perimeter Street Improvements
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Access to the subject property will be from both Duncan Street and Hill Street via
the internal extension of Boardwalk Lane and the construction of Caring Way as
shown on the Development Plan in Exhibit 7. Perimeter street improvements such
as sidewalks will be required along both Hill Street and Duncan Street.
Parks
The subject property is located approximately 0.4 mile from Fred Moore Park.
Walking along Duncan Street this would be approximately an 8 minute walk. This
distance meets the Park Department’s goal of a 10-Minute Walk to a Park.
Additionally, in order to provide for adequate parks, all residential developments
must provide the following:
• Dedicated park land or fees paid in lieu of dedication. Dedication fees are
assessed prior to the filing of the plat and at based upon a formula that follows the
standard of two and one-half acres of park land per one thousand population. The
estimated park dedication for the proposed development is 1.078 acres.
• Park development fee. A park development fee for each single-family
dwelling is required with every building permit.
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RUTH BUSHEYDUNCANBOARDWALK
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PD20-0008Site Location
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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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PD20-0008Current Zoning Map
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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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RR - Residential Rural
R1 - Residential
R2 - Residential
R3 - Residential
R4 - Residential
R6 - Residential
R7 - Residential
MN - Mixed-Use Neighborhood
MD - Mixed-Use Downtown Core
MR - Mixed-Use Regional
HC - Highway Corridor
SC - Suburban Corridor
GO - General Office
LI - Light Industrial
HI - Heavy Industrial
PF - Public Facilities
PD - Planned Development
MPC
OVERLAY
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LowResidential
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IndustrialCommerce
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PD20-0008Future Land Use Map
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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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Low Residential
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1
Development Standards – Exhibit D
The purpose of this Planned Development is to create a group of standards for a proposed subdivision consisting of
affordable housing provided by Habitat for Humanity.
All requirements of the Denton Development Code, as amended, must be met where modifications are not expressly
authorized.
Land Uses
The following land uses shall be permitted in the PD using a base R6 zoning district.
Residential Uses
1. Single-Family Detached Dwelling
Accessory Uses
1. Home Occupation (In accordance with 5.4.4C DDC)
Dimensional Standards
1. Lot Area – 6,000 Square Feet (Minimum)
2. Lot Width – 40 Feet (Minimum)
3. Lot Depth – 80 Feet (Minimum)
4. Front Yard Setback – 10 Feet
5. Side Yard Setback – 5 Feet
6. Rear Yard Setback – 10 Feet
7. Building Height –40 Feet (Maximum)
8. Building Coverage – 60 % (Maximum)
9. Only one principal building shall be located on a single lot
Landscaping Standards
1. All single family lots must contain a minimum of one large shade tree in the front and rear yard.
2. At least 30 percent of the front yard shall be landscaped.
3. At least 20 percent of the rear yard shall be landscaped.
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2
Site Design Requirements
Parking
2 Off-Street Spaces per Dwelling Unit; 1 On-Street Space per Dwelling Unit
Screening
All walls, fences, and screening requirements shall comply with DDC Subsection 7.7.8
Lighting
All exterior lighting requirements shall comply with DDC Subsection 7.11.2.B.2
Project Phasing
The development will be divided into two phases as shown on the Development Plan in Exhibit C. Phase 1 will consist of
the detention lot and the 16 residential lots on the south side of the property facing Boardwalk Lane, Duncan Street,
and Hill Street. Phase 2 will consist of the remaining 19 lots. Public improvements will be constructed to serve the lots
in each phase. Roadways will be constructed per the phase line depicted in Exhibit C, Development Plan. All storm
infrastructures will be constructed during Phase 1. Phase 1 buildout will be completed in approximately 4 years. Phase
2 buildout will be completed in approximately 8 years.
Land Use Summary Table
Use Acres Percentage of Total
Acres
Development Plan
Area #
Single Family 2.38 29.75% Phase 1
Detention/Storm 0.65 8.12% Phase 1
Public Streets/ROW 1.06 13.25% Phase 1
Single Family 2.95 36.88% Phase 2
Public Streets/ROW 0.96 12.00% Phase 2
Total 8.00 100.00%
Development Plan
Area # Lot Area Lot Width Number of Lots
Phase 1 6,000 SF (Minimum) 40 Feet (Minimum) 16
Phase 2 6,000 SF (Minimum) 40 Feet (Minimum) 19
Management Associations
This development will utilize an HOA to provide maintenance of the detention pond that serves the development.
Architectural Features
DDC Section 7.10.3 shall apply to this development. The homes within this village are intended to be developed in a
consistent style to give the neighborhood a unique character based upon the traditional craftsman architecture style.
Exteriors shall include elements such as covered porches/entryways, exposed rafter tails or knee braces in the eaves
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3
(the Maple-Page 5: Elevation A, the Oak- Page 8: Elevation B), tapered porch columns (the Mulberry-Page 6: Elevation
C, the Pinewood-Page 10: Elevation C), multi-pane windows or paned doors (the Mulberry-Page 6: Elevation A, the
Pinewood-Page 10: Elevation C), and earth tone colors. Some elevations include features of the mid-century modern
architecture style such as flat planes, an emphasis on rectangular forms, and single paned doors and windows (the
Mulberry-Page 6: Elevation B, the Pinewood-Page 10: Elevation B). These features are shown in the attached plan
exhibits on pages 4-11, and are examples of the intended style and architectural consistency within this development.
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4
424
5
425
6
426
THE MULBERRY - ELEVATION A ; PAGE 7 427
8
428
THE OAK - ELEVATION B ; PAGE 9 429
10
430
THE PINEWOOD - ELEVATION C ; PAGE 11 431
OHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUSSSSSSSSSSSSSSOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHU OHU
SSSSSSSSSSSSSSSSSSSSSSSSSS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSOHUOHU OHUOHUOHUOHUPOB
16' P.U.E. PER PLAT8' P.U.E. PER PLATSSN 83°56'09" E 14.87'
N 89°25'02" W 282.27'
N 88°00'57" E 282.04'N 01°42'16" W 66.23'S 87°58'22" W 121.59'
N 88°28'34" E 144.78'N 01°46'13" W 65.00'N 88°08'36" E 169.89'S 05°02'50" W 195.23'N 01°37'55" W 118.83'S 01°01'47" E 6.85'S 01°43'55" E 119.11'N 89°31'41" W 124.85'S 04°47'14" W 128.39'N 89°40'17" W 264.32'N 01°29'27" W 75.01'LOT 1, BLOCK A
WENDELL E. WOODS
SUBDIVISION
CAB. P, PG. 377
P.R.D.C.T.
LAND USE: RESIDENTIAL
ZONED: R4
A TRACT OF LAND DESCRIBED IN A DEED TO
MANUEL SORIANO & EVELIA SOSA-LOPEZ
CCF# 99-0085339 R.P.R.D.C.T.
LAND USE: RESIDENTIAL
ZONED: R4
A TRACT OF LAND DESCRIBED AS
TRACT 2 IN A DEED
TO LIBBY PROPERTIES, LLC
CCF# 2014-53765
R.P.R.D.C.T.
LAND USE: RESIDENTIAL
ZONED: R4
A TRACT OF LAND DESCRIBED IN
A DEED TO SEAN DUNNE
CCF# 2008-35315
R.P.R.D.C.T.
LAND USE: RESIDENTIAL
ZONED: R4
A TRACT OF
LAND DESCRIBED
IN A DEED TO
DOREEN BRICE
CCF# 2003-4536
R.P.R.D.C.T.
LAND USE:
RESIDENTIAL
ZONED: R4
A TRACT OF
LAND DESCRIBED
IN A DEED TO
FRANKLIN
HAYWOOD, JR.
VOL. 598, PG. 311
R.P.R.D.C.T.
LAND USE:
RESIDENTIAL
ZONED: R4
A TRACT OF
LAND DESCRIBED
IN A DEED TO
DANA & LAURA
BINNION
CCF#
2011-117733
R.P.R.D.C.T.
LAND USE:
RESIDENTIAL
ZONED: R4
A TRACT OF
LAND DESCRIBED
IN A DEED TO
HELEN GAFFNEY
CCF#
2005-100445
R.P.R.D.C.T.
LAND USE:
RESIDENTIAL
ZONED: R4
A TRACT OF LAND
DESCRIBED IN A DEED
TO MORGAN H. FRANCIEL
CCF# 2000-115810
R.P.R.D.C.T.
LAND USE: RESIDENTIAL
ZONED: R4
A TRACT OF LAND
DESCRIBED IN A DEED
TO JESUS HERNANDEZ &
JUANA ESPINOSA
CCF# 2014-32269
R.P.R.D.C.T.
LAND USE: RESIDENTIAL
ZONED: R4
A TRACT OF LAND
DESCRIBED IN A DEED TO
MICHAEL TYRONE EBRON
CCF# 2009-17113
R.P.R.D.C.T.
LAND USE: RESIDENTIAL
ZONED: R4
A PART OF A
TRACT OF LAND
DESCRIBED IN A
DEED TO RANDALL
PUNCH, SR.
VOL. 303, PG. 137
R.P.R.D.C.T.
LAND USE:
RESIDENTIAL
ZONED: R4
LOT 1
BLOCK A
HABITAT 100 ADDITION
BARAJAS MEJIA, MARIA ESTHER
& PEREZ, ATENOGENES MEJIA
LAND USE: RESIDENTIAL
ZONED: R4
N 01°37'54" W 64.83'N 01°54'35" W 118.46'A TRACT OF LAND DESCRIBED
IN A DEED TO DALLAS AREA
RAPID TRANSIT
CCF# 2010-43179
R.P.R.D.C.T.
LAND USE: PUBLIC
TRANSPORTATION
ZONED: NONE
N 01°42'27" W 174.95'
N 01°43'13" W 64.89'
S 88°03'14" W 160.27'EXHIBIT CDEVELOPMENTPLANHOMEYERENGINEERING, INC.TBPE FIRM REGISTRATION NO. F-8440P.O. BOX 294527 ♦ LEWISVILLE ♦ TEXAS ♦ 75029972-906-9985 PHONE ♦ 972-906-9987 FAXWWW.HEI.US.COMSHEET NO:
DATE: 10/06/2020
HEI #: 20-0701
DRAWN: DCUHABITAT FOR HUMANITY COMMUNITYCITY OF DENTONDENTON COUNTY, TEXASEX 1
31'12'12'
55'
2% SLOPE2% SLOPE
432
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PD20-0008Notification Map
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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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ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A REZONING FROM
RESIDENTIAL 4 (R4) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT ON AN
APPROXIMATELY 8.23-ACRE PROPERTY GENERALLY LOCATED ON THE WEST SIDE
OF DUNCAN STREET AND THE EAST SIDE OF HILL STREET, APPROXIMATELY 240
FEET NORTH OF SMITH STREET, IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ZONING MAP;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (PD20-0008; Habitat for Humanity)
WHEREAS, Steve Homeyer of Homeyer Engineering, applied on behalf of the property
owner, Habitat for Humanity of Denton County, for a zoning change from Residential 4 (R4)
District to Planned Development (PD) District on approximately 8.23 acres of land, legally
described in Exhibit “A” and depicted in Exhibit “B” (hereinafter, the “Property”); and
WHEREAS, on January 6, 2021, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, have given the requisite notices by publication and otherwise,
and have held due hearings and afforded full and fair hearings to all property owners interested in
this regard, and have recommended approval [7-0] of the amendment; and
WHEREAS, on February 2, 2021, the City Council likewise conducted a public hearing as
required by law, and finds that the request meets and complies with all substantive and procedural
standards for a zoning change to Planned Development (PD) District set forth in Section 2.7.3 of
the Denton Development Code, and is consistent with the Denton Plan 2030 and the Denton
Development Code; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for a change in the zoning classification of the property,
have determined that the proposed use is in the best interest of the health, safety, morals, and
general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is
of the opinion and finds that said zoning change is in the public interest and should be granted as
set forth herein; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The zoning district and use classification for the Property is hereby changed
from Residential 4 (R4) District to Planned Development (PD) District. The PD Development Plan
depicting the proposed development layout for the Property is provided in Exhibit “C” attached
hereto and incorporated herein by reference, and the Development Standards for the Property are
described in Exhibit “D” attached hereto and incorporated herein by reference. Development of
437
Page 2 of 3
the Property shall be in accordance with the Development Plan shown in Exhibit “C” and the
Development Standards in Exhibit “D.”
SECTION 3. The City’s official zoning map is hereby amended to show the change in the
zoning district and use classification.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person, firm, partnership or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 6. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
shall become effective fourteen (14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-
Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
The motion to approve this ordinance was made by __________________________ and
seconded by _________________________________, the ordinance was passed and approved by
the following vote [___ - ___]:
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor: ______ ______ ______ ______
Birdia Johnson, District 1: ______ ______ ______ ______
Connie Baker, 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 ___________________, 2021.
__________________________________
GERARD HUDSPETH, MAYOR
438
Page 3 of 3
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: _________________________________
Digitally signed by Mack
Reinwand
Date: 2021.01.20 19:38:17
-06'00'
439
Legal Description – Exhibit A
Being all that certain lot, tract or parcel of land lying and being situated in Denton County, Texas
and being a part of the S.C. HIRAM SURVEY, ABSTRACT NUMBER 616 and also being all of
Lot 1, Block A, Saint Emmanuel Missionary Baptist Church Addition, an addition to the City of
Denton, Denton County, Texas according to the plat recorded in Instrument number 2010-81 ,
Plat Records, Denton County, Texas also described in Instrument number 2015-5136, Real
Property Records, Denton County, Texas and also being all of those certain tracts recorded in
Instrument numbers 2011-118976, 2012-64485, 2013-129797 , 2012-64485 , 2013-129797 and
2015-5140, Real Property Records, Denton County, Texas and being more fully described by
metes and bounds as follows:
BEGINNING at a P.K. nail found in Hill Street, same being the most Southerly Southwest corner
of said Lot 1, Block A;
THENCE along said Hill Street, North 01 degree 42 minutes 27 seconds West, 174.95 feet to a
P.K. nail found at the most Southerly Northwest corner of said Lot 1, Block A, same being the
Southwest corner of Lot 1, Block A, Wendell E.Woods Subdivision,according to the plat
recorded in Cabinet P, Page 377, Plat Records, Denton County, Texas ;
THENCE North 88 degrees 00 minutes 57 seconds East, 282.04 feet to the Southeast corner of
said Wendell E.Woods Subdivision;
THENCE North 01 degree 42 minutes 16 seconds West, 66.23 feet to a point for corner;
THENCE North 01 degree 54 minutes 35 seconds West, 118.46 feet to a 1/2-inch iron rod found
at the Northeast corner of said Wendell E. Woods Subdivision;
THENCE South 87 degrees 58 minutes 22 seconds West , 121.59 feet to a 1/2-inch iron rod
found;
THENCE South 01 degrees 01 minutes 47 seconds West, 6.85 feet to a 1/2"inch iron rod found;
THENCE South 88 degrees 03 minutes 14 seconds West, 160.27 feet to the Northwest corner
of said Wendell E. Woods Subdivision also being in said Hill Street;
THENCE along said Hill Street, North 01 degree 29 minutes 27 seconds West , 75.01 feet to a
P.K. nail found;
THENCE continuing along said Hill Street, North 01 degree 43 minutes 13 seconds West, 64.89
feet to a P.K. nail found;
THENCE North 83 degrees 56 minutes 09 seconds East, 14.87 feet to a capped iron rod found
stamped "4561" in the East line of said Hill Street;
THENCE along said East line, North 01 degree 37 minutes 54 seconds West , 64.83 feet to a
capped iron rod found;
THENCE North 88 degrees 28 minutes 34 seconds East, 144.78 feet to a 1/2-inch iron rod
found;
THENCE North 01 degree 46 minutes 13 seconds West , 65.00 feet to a 1/2-inch iron rod found;
THENCE North 88 degrees 08 minutes 36 seconds East, 169.89 feet to a "T" post found in the
Southwesterly line of the certain tract of land conveyed to Dallas Area Rapid Transit by
440
instrument number 2010-43179, Real Property Records, Denton County, Texas, same being in
a curve to the left whose long chord bears, South 50 degrees 52 minutes 18 seconds East,
500.62 feet;
THENCE along said curve to the left whose radius is 2764.94 feet and an arc length of 501.31
feet to an angle iron found in the West line of Duncan Street;
THENCE along said West line, South 05 degrees 02 minutes 50 seconds West, 195 .23 feet to a
fence corner post;
THENCE continuing along said West line, South 04 degrees 47 minutes 14 seconds West,
128.39 feet to a point for corner;
THENCE North 89 degrees 31 minutes 41 seconds West, 124.85 feet to a 1/2-inch iron rod
found;
THENCE South 01 degree 43 minutes 55 seconds East, 119.11 feet to a point for corner;
THENCE North 89 degrees 40 minutes 17 seconds West, 264.32 feet to a point for corner;
THENCE North 01 degrees 37 minutes 55 seconds West, 118.83 feet to a capped iron rod
found stamped "4561";
THENCE North 89 degrees 25 minutes 02 seconds West, 282.27 feet to the PLACE OF
BEGINNING and containing 8.00 acres of land more or less.
441
LOT 1, BLOCK AWENDELL E. WOODS SUBDIVISIONCAB. P, PG. 377 P.R.D.C.T.LAND USE: RESIDENTIALZONED: R4
A TRACT OF LAND DESCRIBED IN A DEED TOMANUEL SORIANO & EVELIA SOSA-LOPEZCCF# 99-0085339 R.P.R.D.C.T.LAND USE: RESIDENTIALZONED: R4 A TRACT OF LAND DESCRIBED IN A DEEDTO DALLAS AREA RAPID TRANSITCCF# 2010-43179 R.P.R.D.C.T.LAND USE: PUBLIC TRANSPORTATIONZONED: NONE
A TRACT OF LAND DESCRIBED AS TRACT 2IN A DEED TO LIBBY PROPERTIES, LLCCCF# 2014-53765 R.P.R.D.C.T.LAND USE: RESIDENTIALZONED: R4
A TRACT OF LAND DESCRIBED INA DEED TO SEAN DUNNECCF# 2008-35315R.P.R.D.C.T.LAND USE: RESIDENTIALZONED: R4
A TRACT OFLAND DESCRIBEDIN A DEED TODOREEN BRICECCF# 2003-4536R.P.R.D.C.T.LAND USE:RESIDENTIALZONED: R4
A TRACT OFLAND DESCRIBEDIN A DEED TOFRANKLINHAYWOOD, JR.VOL. 598, PG. 311R.P.R.D.C.T.LAND USE:RESIDENTIALZONED: R4
A TRACT OFLAND DESCRIBEDIN A DEED TODANA & LAURABINNIONCCF#2011-117733R.P.R.D.C.T.LAND USE:RESIDENTIALZONED: R4
A TRACT OFLAND DESCRIBEDIN A DEED TOHELEN GAFFNEYCCF#2005-100445R.P.R.D.C.T.LAND USE:RESIDENTIALZONED: R4
A TRACT OF LANDDESCRIBED IN A DEEDTO MORGAN H. FRANCIELCCF# 2000-115810R.P.R.D.C.T.LAND USE: RESIDENTIALZONED: R4
A TRACT OF LANDDESCRIBED IN A DEEDTO JESUS HERNANDEZ &JUANA ESPINOSACCF# 2014-32269R.P.R.D.C.T.LAND USE: RESIDENTIALZONED: R4
A TRACT OF LANDDESCRIBED IN A DEED TOMICHAEL TYRONE EBRONCCF# 2009-17113R.P.R.D.C.T.LAND USE: RESIDENTIALZONED: R4
A PART OF ATRACT OF LANDDESCRIBED IN ADEED TO RANDALLPUNCH, SR.VOL. 303, PG. 137R.P.R.D.C.T.LAND USE:RESIDENTIALZONED: R4
A TRACT OF LAND DESCRIBED IN A DEED TOHABITAT FOR HUMANITY OF DENTON COUNTY, INCCCF# 2015-5136 R.P.R.D.C.T.PROPOSED ZONING: PD
A TRACT OF LAND DESCRIBED ASTRACT 1 IN A DEED TO HABITAT FORHUMANITY OF DENTON COUNTY, INC.CCF# 2012-64485 R.P.R.D.C.T.PROPOSED ZONING: PD
A TRACT OF LAND DESCRIBED IN ADEED AS TRACT 1 TO HABITAT FORHUMANITY OF DENTON COUNTY, INC.CCF# 2013-129797 R.P.R.D.C.T.PROPOSED ZONING: PD
A TRACT OF LAND DESCRIBED IN ADEED AS TRACT 2 TO HABITAT FORHUMANITY OF DENTON COUNTY, INC.CCF# 2013-129797 R.P.R.D.C.T.PROPOSED ZONING: PD
LOT 1BLOCK AHABITAT 100 ADDITIONBARAJAS MEJIA, MARIA ESTHER& PEREZ, ATENOGENES MEJIALAND USE: RESIDENTIALZONED: R4
A TRACT OF LAND DESCRIBED IN A DEED TOHABITAT FOR HUMANITY OF DENTON COUNTY, INC.CCF# 2011-118976 R.P.R.D.C.T.PROPOSED ZONING: PD
LOT 1BLOCK A
CCF# 2010-81P.R.D.C.T.
A TRACT OF LAND DESCRIBED IN A DEED TOHABITAT FOR HUMANITY OF DENTON COUNTY, INC.CCF# 2015-5140 R.P.R.D.C.T.PROPOSED ZONING: PD
N 89°25'02" W 282.27'N 01°42'27" W 174.95'N 88°00'57" E 282.04'N 01°42'16" W 66.23'N 01°54'35" W 118.46'S 87°58'22" W 121.59'N 01°43'13" W 64.89'N 83°56'09" E 14.87'N 01°37'54" W 64.83'N 88°28'34" E 144.78'N 01°46'13" W 65.00'N 88°08'36" E 169.89'S 05°02'50" W 195.23'N 01°37'55"
W
118
.83
'
S 01°01'47" E 6.85'S 88°03'14" W 160.27'N 01°29'27" W 75.01'S 01°43'55" E 119.11'
N 89°31'41" W 124.85'S 04°47'14" W 128.39'N 89°40'17" W 264.32'
CURVE DATAL = R = CHB = CHD =
501.31'2764.94'S 50°52'18" E500.62'
P.O.B.EXHIBIT BZONING PLANDATE: 08/04/2020
HEI #: 20-0701
SHEET NO:
DRAWN: DCUHOMEYERENGINEERING, INC.P.O. BOX 294527 ♦ LEWISVILLE ♦ TEXAS ♦ 75029972-906-9985 PHONE ♦ 972-906-9987 FAXWWW.HEI.US.COMHABITAT FOR HUMANITY COMMUNITYCITY OF DENTONDENTON COUNTY, TEXASTBPE FIRM REGISTRATION NO. F-8440LEGAL DESCRIPTION
ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN DENTON COUNTY, TEXAS AND BEING A PART OF THES.C. HIRAM SURVEY, ABSTRACT NUMBER 616 AND ALSO BEING ALL OF LOT 1, BLOCK A, SAINT EMMANUEL MISSIONARY BAPTIST CHURCHADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS ACCORDING TO THE PLAT RECORDED IN INSTRUMENTNUMBER 2010-81, PLAT RECORDS, DENTON COUNTY, TEXAS ALSO DESCRIBED IN INSTRUMENT NUMBER 2015-5136, REAL PROPERTYRECORDS, DENTON COUNTY, TEXAS AND ALSO BEING ALL OF THOSE CERTAIN TRACTS RECORDED IN INSTRUMENT NUMBERS2011-118976, 2012-64485, 2013-129797, 2012-64485, 2013-129797 AND 2015-5140, REAL PROPERTY RECORDS, DENTON COUNTY,TEXAS AND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
BEGINNING AT A P.K. NAIL FOUND IN HILL STREET, SAME BEING THE MOST SOUTHERLY SOUTHWEST CORNER OF SAID LOT 1, BLOCK A;
THENCE ALONG SAID HILL STREET, NORTH 01 DEGREES 42 MINUTES 27 SECONDS WEST, 174.95 FEET TO A P.K. NAIL FOUND AT THEMOST SOUTHERLY NORTHWEST CORNER OF SAID LOT 1, BLOCK A, SAME BEING THE SOUTHWEST CORNER OF LOT 1, BLOCK A, WENDELLE. WOODS SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN CABINET P, PAGE 377, PLAT RECORDS, DENTON COUNTY, TEXAS;
THENCE NORTH 88 DEGREES 00 MINUTES 57 SECONDS EAST, 282.04 FEET TO THE SOUTHEAST CORNER OF SAID WENDELL E. WOODSSUBDIVISION;
THENCE NORTH 01 DEGREES 42 MINUTES 16 SECONDS WEST, 66.23 FEET TO A POINT FOR CORNER;
THENCE NORTH 01 DEGREES 54 MINUTES 35 SECONDS WEST, 118.46 FEET TO A ½ INCH IRON ROD FOUND AT THE NORTHEAST CORNEROF SAID WENDELL E. WOODS SUBDIVISION;
THENCE SOUTH 87 DEGREES 58 MINUTES 22 SECONDS WEST, 121.59 FEET TO A ½ INCH IRON ROD FOUND;
THENCE SOUTH 01 DEGREES 01 MINUTES 47 SECONDS WEST, 6.85 FEET TO A ½ INCH IRON ROD FOUND;
THENCE SOUTH 88 DEGREES 03 MINUTES 14 SECONDS WEST, 160.27 FEET TO THE NORTHWEST CORNER OF SAID WENDELL E. WOODSSUBDIVISION ALSO BEING IN SAID HILL STREET;
THENCE ALONG SAID HILL STREET, NORTH 01 DEGREES 29 MINUTES 27 SECONDS WEST, 75.01 FEET TO A P.K. NAIL FOUND;
THENCE CONTINUING ALONG SAID HILL STREET, NORTH 01 DEGREES 43 MINUTES 13 SECONDS WEST, 64.89 FEET TO A P.K. NAIL FOUND;
THENCE NORTH 83 DEGREES 56 MINUTES 09 SECONDS EAST, 14.87 FEET TO A CAPPED IRON ROD FOUND STAMPED “4561” IN THE EASTLINE OF SAID HILL STREET;
THENCE ALONG SAID EAST LINE, NORTH 01 DEGREES 37 MINUTES 54 SECONDS WEST, 64.83 FEET TO A CAPPED IRON ROD FOUND;
THENCE NORTH 88 DEGREES 28 MINUTES 34 SECONDS EAST, 144.78 FEET TO A ½ INCH IRON ROD FOUND;
THENCE NORTH 01 DEGREES 46 MINUTES 13 SECONDS WEST, 65.00 FEET TO A ½ INCH IRON ROD FOUND;
THENCE NORTH 88 DEGREES 08 MINUTES 36 SECONDS EAST, 169.89 FEET TO A “T” POST FOUND IN THE SOUTHWESTERLY LINE OF THECERTAIN TRACT OF LAND CONVEYED TO DALLAS AREA RAPID TRANSIT BY INSTRUMENT NUMBER 2010-43179, REAL PROPERTY RECORDS,DENTON COUNTY, TEXAS, SAME BEING IN A CURVE TO THE LEFT WHOSE LONG CHORD BEARS, SOUTH 50 DEGREES 52 MINUTES 18SECONDS EAST, 500.62 FEET;
THENCE ALONG SAID CURVE TO THE LEFT WHOSE RADIUS IS 2764.94 FEET AND AN ARC LENGTH OF 501.31 FEET TO AN ANGLE IRONFOUND IN THE WEST LINE OF DUNCAN STREET;
THENCE ALONG SAID WEST LINE, SOUTH 05 DEGREES 02 MINUTES 50 SECONDS WEST, 195.23 FEET TO A FENCE CORNER POST;
THENCE CONTINUING ALONG SAID WEST LINE, SOUTH 04 DEGREES 47 MINUTES 14 SECONDS WEST, 128.39 FEET TO A POINT FORCORNER;
THENCE NORTH 89 DEGREES 31 MINUTES 41 SECONDS WEST, 124.85 FEET TO A 60D NAIL FOUND IN A TREE;
THENCE SOUTH 01 DEGREES 43 MINUTES 55 SECONDS EAST, 119.11 FEET TO A POINT FOR CORNER;
THENCE NORTH 89 DEGREES 40 MINUTES 17 SECONDS WEST, 264.32 FEET TO A POINT FOR CORNER;
THENCE NORTH 01 DEGREES 37 MINUTES 55 SECONDS WEST, 118.83 FEET TO A CAPPED IRON ROD FOUND STAMPED “4561”;
THENCE NORTH 89 DEGREES 25 MINUTES 02 SECONDS WEST, 282.27 FEET TO THE PLACE OF BEGINNING AND CONTAINING 8.23 ACRESOF LAND MORE OR LESS;
ZP1
442
OHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUSS
SS
SSSSSSSSSS
OHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHU OHU
SSSSSSSSSSSSSSSSSSSSSSSSSS SSSSSS
SSSSSS
SS
SSSSSS
SSSSSS
SS SSSSSSOHUOHU OHUOHUOHU
OHU
POB
16' P.U.E. PER PLAT8' P.U.E. PER PLATSS
N 83°56'09" E 14.87'
N 89°25'02" W 282.27'
N 88°00'57" E 282.04'N 01°42'16" W 66.23'S 87°58'22" W 121.59'
N 88°28'34" E 144.78'N 01°46'13" W 65.00'N 88°08'36" E 169.89'S 05°02'50" W 195.23'N 01°37'55
" W
118.83
'
S 01°01'47" E 6.85'S 01°43'55" E
119.11'
N 89°31'41" W 124.85'S 04°47'14" W 128.39'N 89°40'17" W 264.32'N 01°29'27" W 75.01'LOT 1, BLOCK AWENDELL E. WOODSSUBDIVISIONCAB. P, PG. 377P.R.D.C.T.LAND USE: RESIDENTIALZONED: R4
A TRACT OF LAND DESCRIBED IN A DEED TOMANUEL SORIANO & EVELIA SOSA-LOPEZCCF# 99-0085339 R.P.R.D.C.T.LAND USE: RESIDENTIALZONED: R4
A TRACT OF LAND DESCRIBED ASTRACT 2 IN A DEEDTO LIBBY PROPERTIES, LLCCCF# 2014-53765R.P.R.D.C.T.LAND USE: RESIDENTIALZONED: R4
A TRACT OF LAND DESCRIBED INA DEED TO SEAN DUNNECCF# 2008-35315R.P.R.D.C.T.LAND USE: RESIDENTIALZONED: R4
A TRACT OFLAND DESCRIBEDIN A DEED TODOREEN BRICECCF# 2003-4536R.P.R.D.C.T.LAND USE:RESIDENTIALZONED: R4
A TRACT OFLAND DESCRIBEDIN A DEED TOFRANKLINHAYWOOD, JR.VOL. 598, PG. 311R.P.R.D.C.T.LAND USE:RESIDENTIALZONED: R4
A TRACT OFLAND DESCRIBEDIN A DEED TODANA & LAURABINNIONCCF#2011-117733R.P.R.D.C.T.LAND USE:RESIDENTIALZONED: R4
A TRACT OFLAND DESCRIBEDIN A DEED TOHELEN GAFFNEYCCF#2005-100445R.P.R.D.C.T.LAND USE:RESIDENTIALZONED: R4
A TRACT OF LANDDESCRIBED IN A DEEDTO MORGAN H. FRANCIELCCF# 2000-115810R.P.R.D.C.T.LAND USE: RESIDENTIALZONED: R4
A TRACT OF LANDDESCRIBED IN A DEEDTO JESUS HERNANDEZ &JUANA ESPINOSACCF# 2014-32269R.P.R.D.C.T.LAND USE: RESIDENTIALZONED: R4
A TRACT OF LANDDESCRIBED IN A DEED TOMICHAEL TYRONE EBRONCCF# 2009-17113R.P.R.D.C.T.LAND USE: RESIDENTIALZONED: R4
A PART OF ATRACT OF LANDDESCRIBED IN ADEED TO RANDALLPUNCH, SR.VOL. 303, PG. 137R.P.R.D.C.T.LAND USE:RESIDENTIALZONED: R4
LOT 1BLOCK AHABITAT 100 ADDITIONBARAJAS MEJIA, MARIA ESTHER& PEREZ, ATENOGENES MEJIALAND USE: RESIDENTIALZONED: R4
N 01°37'54" W 64.83'N 01°54'35" W 118.46'A TRACT OF LAND DESCRIBEDIN A DEED TO DALLAS AREARAPID TRANSITCCF# 2010-43179R.P.R.D.C.T.LAND USE: PUBLICTRANSPORTATIONZONED: NONE
N 01°42'27" W 174.95'
N 01°43'13" W 64.89'
S 88°03'14" W 160.27'EXHIBIT CDEVELOPMENTPLANHOMEYERENGINEERING, INC.TBPE FIRM REGISTRATION NO. F-8440P.O. BOX 294527 ♦ LEWISVILLE ♦ TEXAS ♦ 75029972-906-9985 PHONE ♦ 972-906-9987 FAXWWW.HEI.US.COMSHEET NO:
DATE: 10/06/2020
HEI #: 20-0701
DRAWN: DCUHABITAT FOR HUMANITY COMMUNITYCITY OF DENTONDENTON COUNTY, TEXASEX 1
31'12'12'55'
2% SLOPE2% SLOPE
443
1
DDevelopment Standards – Exhibit D
The purpose of this Planned Development is to create a group of standards for a proposed subdivision consisting of
affordable housing provided by Habitat for Humanity.
All requirements of the Denton Development Code, as amended, must be met where modifications are not expressly
authorized.
Land Uses
The following land uses shall be permitted in the PD using a base R6 zoning district.
Residential Uses
1. Single-Family Detached Dwelling
2. Work/Live Dwelling
Accessory Uses
1. Home Occupation (In accordance with 5.4.4C DDC)
Dimensional Standards
1. Lot Area – 6,000 Square Feet (Minimum)
2. Lot Width – 40 Feet (Minimum)
3. Lot Depth – 80 Feet (Minimum)
4. Front Yard Setback – 10 Feet
5. Side Yard Setback – 5 Feet
6. Rear Yard Setback – 10 Feet
7. Building Height –40 Feet (Maximum)
8. Building Coverage – 60 % (Maximum)
9. Only one principal building shall be located on a single lot
Landscaping Standards
1. All single family lots must contain a minimum of one large shade tree in the front and rear yard.
2. At least 30 percent of the front yard shall be landscaped.
3. At least 20 percent of the rear yard shall be landscaped.
444
2
SSite Design Requirements
Parking
2 Off-Street Spaces per Dwelling Unit; 1 On-Street Space per Dwelling Unit
Screening
All walls, fences, and screening requirements shall comply with DDC Subsection 7.7.8
Lighting
All exterior lighting requirements shall comply with DDC Subsection 7.11.2.B.2
Project Phasing
The development will be divided into two phases as shown on the Development Plan in Exhibit C. Phase 1 will consist of
the detention lot and the 16 residential lots on the south side of the property facing Boardwalk Lane, Duncan Street,
and Hill Street. Phase 2 will consist of the remaining 19 lots. Public improvements will be constructed to serve the lots
in each phase. Roadways will be constructed per the phase line depicted in Exhibit C, Development Plan. All storm
infrastructures will be constructed during Phase 1. Phase 1 buildout will be completed in approximately 4 years. Phase
2 buildout will be completed in approximately 8 years.
Land Use Summary Table
Use Acres Percentage of Total
Acres
Development Plan
Area #
Single Family 2.38 29.75% Phase 1
Detention/Storm 0.65 8.12% Phase 1
Public Streets/ROW 1.06 13.25% Phase 1
Single Family 2.95 36.88% Phase 2
Public Streets/ROW 0.96 12.00% Phase 2
Total 8.00 100.00%
Development Plan
Area # Lot Area Lot Width Number of Lots
Phase 1 6,000 SF (Minimum) 40 Feet (Minimum) 16
Phase 2 6,000 SF (Minimum) 40 Feet (Minimum) 19
Management Associations
This development will utilize an HOA to provide maintenance of the detention pond that serves the development.
Architectural Features
DDC Section 7.10.3 shall apply to this development. The homes within this village are intended to be developed in a
consistent style to give the neighborhood a unique character based upon the traditional craftsman architecture style.
Exteriors shall include elements such as covered porches/entryways, exposed rafter tails or knee braces in the eaves
445
3
(the Maple-Page 5: Elevation A, the Oak- Page 8: Elevation B), tapered porch columns (the Mulberry-Page 6: Elevation
C, the Pinewood-Page 10: Elevation C), multi-pane windows or paned doors (the Mulberry-Page 6: Elevation A, the
Pinewood-Page 10: Elevation C), and earth tone colors. Some elevations include features of the mid-century modern
architecture style such as flat planes, an emphasis on rectangular forms, and single paned doors and windows (the
Mulberry-Page 6: Elevation B, the Pinewood-Page 10: Elevation B). These features are shown in the attached plan
exhibits on pages 4-11, and are examples of the intended style and architectural consistency within this development.
446
447
448
449
5)&.6-#&33:&-&7"5*0/" 1"(&
450
451
5)&0",&-&7"5*0/# 1"(&
452
453
5)&1*/&800%&-&7"5*0/$ 1"(&
454
Da
PD20-0008
Habitat for Humanity
1
February 2, 2021
City Council Meeting
1
455
Request & Site Data
•Rezoning from R4 District to PD District on 8.23
acres.
•Located on the west side of Duncan St. and on the
east side of Hill St.
02/02/2021 File ID: PD20-0008a 2
456
Current Zoning Map
02/02/2021 3
Proposed Zoning Map
File ID: PD20-0008a
457
Development Plan
File ID: PD20-0008a02/02/2021 4
•Total 8.23 acres
•35 single-family lots
•16 lots in Phase 1
•19 lots in Phase 2
•Common area lot for
detention
•Projected 4 year build-
out per phase
Phase 1
Phase 2
458
PD
Standards
File ID: PD20-0008a02/02/2021 5
Proposed PD Current R4 District
By Right SUP
Primary
Uses
Single-Family
Detached
Dwelling
Single-Family Detached Dwelling
Community Home
Community Service
Park
Amenity Center
Outdoor Recreation
Community Garden
Religious Assembly
Public School
Short Term Rental
Gas well
Basic utilities
Townhome
Duplex
Group Home
Clube or Lodge
Day Care
Private School
Urban Farm
RV Park
Administrative Office
Bed and Breakfast
Accessory
Uses
Home
Occupation
Accessory Dwelling Unit
Home Occupation
Sale of Produce Raised on Premise
Solar Collection and Wind Energy
Conversion
459
PD Standards
File ID: PD20-0008a02/02/2021 6
Standard Proposed PD Current R4 District Difference
Minimum Lot Area 6,000 square feet 7,000 square feet -1,000 square feet
Minimum Lot Width 40 feet 50 feet -10 feet
Minimum Lot Depth 80 feet 80 feet 0
Minimum Front Yard Setback 10 feet 20 feet -10 feet
Side Yard Setback 5 feet 5 feet 0
Site Yard Setback (Corner
Lot/Adjacent to ROW)
10 feet 20 feet -10 feet
Rear Yard Setback 10 feet 10 feet 0
Maximum Height 40 feet 40 feet 0
Maximum Building Coverage 60 percent 50 percent +10 %
Street Trees 1 per 30 linear feet 1 per 30 linear feet No change proposed
Yard Trees 1 front yard &1 rear yard 1 per yard +1 per lot
Minimum Parking per Unit 2 off-street spaces and 1 on-
street space per dwelling
4 off-street spaces per dwelling
unit
-1 space per dwelling
Tree Preservation Per 2019 DDC Per 2019 DDC No change
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General Approval Criteria for All Applications, Section 2.4.5E
File ID: PD20-0008a02/02/2021 7
1.General Criteria & Application Specific Criteria are Applied
2.Prior Approvals
3.Consistent with the Comprehensive Plan & Other
Applicable Plans
4.Compliance with this DDC
5.Compliance with other regulations
6.Consistent with Interlocal & Development Agreements
7.Minimizes Adverse Environmental Impacts
8.Minimizes Adverse Impacts on surrounding Property
9.Minimizes Adverse Fiscal Impacts
10.Compliance with Utility, Service, and Improvement
Standards
11.Provides Adequate Road Systems
12.Provides Adequate Public Services and Facilities
13.Rational Phasing Plan
Summary:
✓Project is consistent with all DDC and Plan
requirements except as explicitly described in the
PD Standards.
✓No prior approvals for the project
✓Phasing is rational
✓Not expected to generate significant adverse
environmental or fiscal impacts and is compatible
with surrounding development pattern.
✓Adequate infrastructure will be provided to serve
the development
461
PD Criteria for Approval (Sec 2.7.3.D)
1.Complies with the goals of the Comprehensive Plan
2.Complies with the DDC except where modifications are expressly authorized
through the PD documents
3.Provides a greater level of building design, amenities, and connectivity than
would be required outside of a PD
4.For residential development –promotes compatible buildings and uses and is
compatible with the character of the surrounding area
5.For non-residential or mixed-use development –that development is
appropriate in area, location, and overall planning for the proposed use
6.Provision of public facilities such as schools, fire, law enforcement, water,
wastewater, streets, public services, and parks are adequate to serve the
population within the PD
02/02/2021 File ID: PD20-0008a 8
462
Criterion 1: Denton Plan 2030
•Future Land Use designation: Low
Residential
•Intended for 1-4 dwelling units per acre
•Transitional area between Low Residential and
Industrial Commerce
✓The PD density would be 4.25 dwelling units per
acre –generally consistent with the designation
and consistent with existing development pattern
and transitional nature of the area.
02/02/2021 9File ID: PD20-0008a
463
Criterion 1: Denton Plan 2030
•Comp. Plan calls for compatible infill
development and affordable housing with a
diversity of options.
✓PD is intended to facilitate affordable housing with
smaller lot single-family detached dwellings.
•Comp Plan’s Urban Design Guidelines also call
for architectural variety and quality that provide
visual interest.
✓PD proposes to not only meet the DDC standards for
single-family design, but also provide a consistent
architectural theme for the homes based upon
traditional craftsman architecture with some mid-
century elements.
02/02/2021 10File ID: PD20-0008a
464
Criterion 2: Complies with DDC
02/02/2021 File ID: PD20-0008a 11
✓Proposes compliance with
DDC except for changes
expressly listed in the PD
Standards document.
Standard Proposed PD Current R4 District Difference
Minimum Lot Area 6,000 square feet 7,000 square feet -1,000 square feet
Minimum Lot Width 40 feet 50 feet -10 feet
Minimum Lot Depth 80 feet 80 feet 0
Minimum Front Yard
Setback
10 feet 20 feet -10 feet
Side Yard Setback 5 feet 5 feet 0
Site Yard Setback (Corner
Lot/Adjacent to ROW)
10 feet 20 feet -10 feet
Rear Yard Setback 10 feet 10 feet 0
Maximum Height 40 feet 40 feet 0
Maximum Building
Coverage
60 percent 50 percent +10 %
Street Trees 1 per 30 linear feet 1 per 30 linear feet No change proposed
Yard Trees 1 front yard &1 rear yard 1 per yard +1 per lot
Minimum Parking per Unit 2 off-street spaces and 1
on-street space per
dwelling
4 off-street spaces per
dwelling unit
-1 space per dwelling
Tree Preservation Per 2019 DDC Per 2019 DDC No change
465
02/02/2021 File ID: PD20-0008a 12
•Propose additional landscaping per lot than the DDC requires
•Propose an architectural theme that would enhance community
character and provide visual interest
•Proposed streets would increase connectivity in the area by providing
an additional connect to Duncan Street, which is a Collector Street for
this area
Criterion 3: Provides greater building design, amenities,
and connectivity
466
Criterion 4: Residential Uses-Compatible buildings, uses,
and consistent with character of area
02/02/2021 File ID: PD20-0008a 13
•PD would limit permitted residential uses to single-family detached,
which is consistent with the development of the surrounding area.
•Based upon the sample elevations included in the PD Development
Standards the homes will generally be single-story craftsman-style
homes which are compatible in form with the architecture of the
surrounding neighborhoods.
467
Criterion 5: Non-residential uses –appropriate area, location,
and planning
02/02/2021 File ID: PD20-0008a 14
•No non-residential uses are proposed as part of this PD.
468
Criterion 6: Provision of public facilities to support development
02/02/2021 File ID: PD20-0008a 15
Schools
•Expected student generation rates and attendance zones:
•8-9 elementary school students (Houston Elementary)
•4-5 middle school students (McMath Middle)
•5-6 high school students (Denton High)
✓Per DISD, all of these schools have capacity to handle the expected student generation from this
development.
469
Criterion 6: Provision of public facilities to support development
02/02/2021 File ID: PD20-0008a 16
Fire
✓Subdivision is within the 8 minute or less
response time boundary for Fire Station 1 (332 E.
Hickory).
Law Enforcement
✓Use is consistent with the surrounding area. Not
expected to generate a significant increase in
crime or nuisance issues.
470
Criterion 6: Provision of public facilities to support development
02/02/2021 File ID: PD20-0008a 17
Water/Wastewater
✓Water and wastewater
services are available to the
site and will be extended
throughout the site.
471
Criterion 6: Provision of public facilities to support development
02/02/2021 File ID: PD20-0008a 18
Streets
✓Estimated trip generation: 396 daily trips and
30 peak hour trips
•Does not meet thresholds for TIA
✓Perimeter street improvements such as
sidewalks will be required on Hill Street and
Duncan Street.
✓Internally two public streets will be
constructed: the extension of Boardwalk Lane
and a new street shown as Caring Way
472
Criterion 6: Provision of public facilities to support development
02/02/2021 File ID: PD20-0008a 19
Parks
✓Approximately 0.4 mile from Fred Moore Park
(approx. 8 minute walk) –Meets the 10-
minute walk to a park goal.
✓Park dedication and development fees will
apply at the time of platting and permitting,
respectively.
473
Public Outreach
•Newspaper Ad: December 20, 2020
•Website Notice: December 16, 2020
•Property Posted: December 22, 2020
•Mailed Notices: December 17, 2020
•200 ft. Public Notices certified mail: 67
•500 ft. Courtesy Notices via regular mail: 195
•Responses:
In Opposition: 0
In Favor: 0
Neutral: 0
•Neighborhood Meetings: December 17, 2020 & January
21, 2021 (via Zoom)
02/02/2021 File ID: PD20-0008a 20
474
02/02/2021 File ID: PD20-0008a 21
Recommendation
The Planning and Zoning Commission recommended approval [7-0].
Staff recommends approval of the request as it complies with the
criteria in Section 2.4.5.E of the Denton Development Code (DDC) for
approval of all applications, and Section 2.7.3.D of the DDC for
approval of a zoning change to PD.
475