Loading...
HomeMy WebLinkAbout2022 - 01 - 25 Agenda and BackupCit of Denton City Hall Y 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON Meeting Agenda City Council Tuesday, January 25, 2022 2:00 PM Council Chambers Council Work Session Room SPECIAL CALLED MEETING WORK SESSION BEGINS AT 2:00 P.M. IN THE COUNCIL CHAMBERS CLOSED MEETING BEGINS IMMEDIATELY FOLLOWING THE WORK SESSION IN THE COUNCIL WORK SESSION ROOM CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA AND ITEMS FOR INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE CLOSED MEETING IN THE COUNCIL CHAMBERS REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL Citizens are 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.): • eComment — On January 21, 2022, the agenda was posted online at www.cityofdenton.com/publicmeetings. Once the agenda is posted, a link to make virtual comments using the eComment module will be made available next to the meeting listing on the Upcoming Events Calendar. Within eComment, 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 ability to make an eComment will be closed. Similar to when a citizen submits a white card to indicate their position on an item, the eComments will be sent directly to members of the City Council immediately upon entry into the module 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 Page 1 Printed on 1/28/2022 1 City Council Meeting Agenda January 25, 2022 • 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. • 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, January 25, 2022, at 2:00 p.m. in the Council Chambers 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 A. ID 21-1765 Receive a report, hold a discussion, and give staff direction regarding the May 7, 2022, General Election, and any runoff election if applicable, including locations, dates, and times. [Estimated Presentation/Discussion Time: 30 minutes] B. ID 22-141 Receive a report, hold a discussion, and give staff direction regarding an update to the City of Denton's COVID-19 response. * [Council Priority; Estimated Presentation/Discussion Time: 30 minutes] C. ID 21-2436 Receive a report, hold a discussion, and give staff direction regarding the Denton 2040 Comprehensive Plan Update. * [Council Priority; Estimated Presentation/Discussion Time: 1 hour 30 minutes] D. ID 21-2702 Receive a report, hold a discussion, and give staff direction regarding the draft 2022 Mobility Plan for the City of Denton. * [Council Priority; Estimated Presentation/Discussion Time: 1 hour] E. ID 21-2388 Receive a report, hold a discussion, and give staff direction on pending City Council Page 2 Printed on 1/28/2022 K City Council Meeting Agenda January 25, 2022 requests for: (1) A work session to discuss accelerating the request for an automated notification dashboard out of the Planning and Zoning Commission matrix and develop and implement this system and dashboard for weekly notifications. [Estimated Presentation/Discussion Time: 30 minutes] Following the completion of the Work Session, the City Council will convene in a Closed Meeting in the Council Work Session Room 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: A. ID 22-159 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City's attorneys and discuss status, strategy, and potential resolution of litigation in Cause No. 20-9497-393, styled "Laterria Tyndell v. City of Denton and Thomas Deimler" pending in the 393rd Judicial District Court, Denton County, Texas; where discussion of these legal matters in an open meeting would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or otherwise compromise the City's legal position in pending litigation. Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the Texas Government Code (the `Public Power Exception'). The City Council reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act, including, without limitation Sections 551.071-551.086 of the Texas Open Meetings Act. NOTE: Any item for which a formal action at the Special Called Meeting has been taken by Council may be subject to a request for a motion for reconsideration at any time during the meeting, at the Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting will be placed on the agenda and considered at the next official meeting of the City Council. Following the Closed Meeting, the City Council will reconvene in Open Meeting to take action, if any, on matters discussed in closed session. Following the completion of the Closed Meeting, the City Council will convene in a Special Called Meeting in the Council Chambers to consider the following items: 1. CONSENT AGENDA Each of these items is recommended by Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received Page 3 Printed on 1/28/2022 3 City Council Meeting Agenda January 25, 2022 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 — AB). 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. A. ID 22-093 Consider approval of the minutes of January 4 and January 11, 2022. B. ID 22-055 Consider adoption of an ordinance of the City of Denton amending Chapter 6, Article I, Section 6-6(A) (5) of the Code of Ordinances to remove certain occupation or membership restrictions for three members of the Animal Shelter Advisory Committee; and providing an effective date. C. ID 22-056 Consider adoption of an ordinance of the City of Denton amending Chapter 2, Article XI, section 2-277 (e) of the Code of Ordinances to remove preference qualifications for members of the Board of Ethics; and providing an effective date. D. ID 22-057 Consider approval of a resolution of the City of Denton amending Resolution No. 18-1741, related to the Committee on Persons with Disabilities by removing the in -district residency requirement for nominees by council members in Districts 1-4; and providing an effective date. E. ID 22-058 Consider adoption of an ordinance of the City of Denton amending the Comprehensive Zoning Ordinance, Appendix B, Article 28a, Section 28a -5(a) of the Code of Ordinances to remove the special qualifications of the Historic Landmark Commission members; and providing for an effective date. F. ID 22-137 Consider approval of a resolution of the City of Denton establishing a goal to reduce municipal electricity consumption pursuant to Texas Health and Safety Code § 388.005; and providing for an effective date. G. ID 22-114 Consider approval of a resolution of the City of Denton ratifying the submission of an application to the State of Texas, Office of the Governor, 2021 State Homeland Security Program (SHSP) grant program funded through the US Department of Homeland Security in the amount of $41,000 for an explosive ordinance disposal suit; and providing an effective date. H. ID 22-115 Consider approval of a resolution of the City of Denton ratifying the submission of an application to the State of Texas, Office of the Governor, 2021 Urban Area Security Initiative (UASI) Specialized Regional Response Team Sustainment grant program funded through the US Department of Homeland Security in the amount of $94,574.80 for equipment; and providing an effective date. I. ID 22-116 Consider approval of a resolution of the City of Denton ratifying the submission of an application to the State of Texas, Office of the Governor, 2021 Urban Area Security Initiative (UASI) Regional Warning Siren Cyber Security grant program funded through the US Department of Homeland Security in the amount of $43,692.46 for the encryption Page 4 Printed on 1/28/2022 4 City Council Meeting Agenda January 25, 2022 of outdoor warning sirens; and providing an effective date. J. ID 22-160 Consider adoption of an ordinance approving a Settlement Agreement and Release implementing the terms of the settlement in litigation styled "Laterria Tyndell v. City of Denton and Thomas Deimler," Cause No. 20-9497-393, pending in the 393rd Judicial District Court, Denton County, Texas; and directing the City Manager or designee and the City's attorneys to effectuate as necessary and appropriate the terms of a Settlement Agreement and Release to effectuate this approval; and declaring an effective date. K. ID 22-030 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Rush Truck Centers of Texas, L.P., through the Sourcewell Cooperative Purchasing Network Contract Number 020221-GEO, for the purchase of telematics hardware and data services through Geotab for various City Departments; authorizing the expenditure of funds therefor; and declaring an effective date (File 7891 - awarded to Rush Truck Centers of Texas, L.P., in the five (5) year not -to -exceed amount of $460,000.00). L. ID 22-105 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Itasca Landfill TX, LP, for the disposal of Class I Waste for the Water Reclamation Department; providing for the expenditure of funds therefor; and providing an effective date (IFB 7822 - awarded to Itasca Landfill TX, LP, for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $150,875.00). M. ID 22-106 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with ABC Professional Tree Service, Inc., for electric utility tree trimming services for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 7849 - awarded to ABC Professional Tree Service, Inc., in the five (5) year not -to -exceed amount of $6,000,000.00). N. ID 22-107 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Bond Equipment Company, Inc., through the Buy Board Cooperative Purchasing Network Contract # 601-19, for the purchase of two (2) Crane Carrier rear load refuse trucks with various vocational bodies for the Solid Waste Department; providing for the expenditure of funds therefor; and providing an effective date (File 7877 - awarded to Bond Equipment Company, Inc., in the not -to -exceed amount of $656,490.00). O. ID 22-108 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with ARCHITEXAS - Architecture, Planning, and Historic Preservation, Inc., for professional design services for City Hall West for the Facilities Management Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7818-001- awarded to ARCHITEXAS - Architecture, Planning, and Historic Preservation, Inc., in the not -to -exceed amount of $234,320.00). Page 5 Printed on 1/28/2022 City Council Meeting Agenda January 25, 2022 P. ID 22-109 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with North Texas Umpire Association, for the supply of certified softball officiating services for the Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (IFB 7851 - awarded to North Texas Umpire Association, for one (1) year, with the option for two (2) additional one (1) year extensions, in the total three (3) year not -to -exceed amount of $150,000.00). Q. ID 22-110 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative Purchasing Agreement with the City of Sanger, under the Texas Government Code Section 791.001, to authorize the City of Sanger and City of Denton to utilize each entities' solicited contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 7920 - award an Interlocal Cooperative Purchasing Agreement with the City of Sanger). R. ID 22-138 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with CJA Enterprises LLP, as the primary vendor, and Green Dream International LLC, as the secondary vendor, for the supply of construction materials for the City of Denton Streets, Water, Wastewater, and various other departments; providing for the expenditure of funds therefor; and providing an effective date (IFB 7841 - awarded to CJA Enterprises LLP - primary, and Green Dream International LLC - secondary, for one (1) year, with the option for three (3) additional one (1) year extensions, in the total four (4) year not -to -exceed amount of $5,200,000.00). S. ID 22-139 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Texas Woman's University for annual physical assessments for City of Denton firefighters; providing for the expenditure of funds therefor; and providing an effective date (RFP 7848 - awarded to Texas Woman's University, for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $323,400.00). T. ID 22-147 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, ratifying the expenditure of funds by the City Manager for the purchase of excess workers' compensation, packaged general liability, and automobile physical damage insurance coverage for the City of Denton through the City's broker of record, Texas Series of Lockton Companies, LLC; and providing an effective date (File 7902 - awarded to Safety National Casualty Corporation, in the two (2) year not -to -exceed amount of $1,523,000.00). U. ID 22-148 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Carahsoft Technology Corporation through the Department of Information Resources (DIR) Cooperative Purchasing Network Contract No. DIR-TSO-4288, for the Discuss Denton engagement platform for the Customer Service and Public Affairs Departments; providing for the expenditure of funds therefor; and providing an effective date (File 7911 - Page 6 Printed on 1/28/2022 6 City Council Meeting Agenda January 25, 2022 awarded to Carahsoft Technology Corporation, in the three (3) year not -to -exceed amount of $94,500.00). V. ID 22-149 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with Eagle County Health Service District, dba Eagle County Paramedic Services ("Eagle County"), Public Safety Association Inc and managed by the North Central EMS Corporation, dba Savvik Buying Group, under the Texas Government Code Chapters 252, 271, and 791, to authorize City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 7929 - Interlocal Cooperative Purchasing Agreement with Eagle County). W. ID 22-151 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Central North Construction, LLC., for the landscape enhancements of FM 2499 from I -35E to Teasley Lane for the Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (IFB 7751 - awarded to Central North Construction, LLC., in the not -to -exceed amount of $645,647.75). X. ID 22-153 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with LJA Engineering, Inc., for signal re -timing consulting services along University Drive (US 380) from IH 35 to North Bell Avenue for the Traffic and Engineering Department as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7292-004 - Professional Services Agreement for consulting services awarded to LJA Engineering, Inc., in the not -to -exceed amount of $97,500.00). Y. ID 22-158 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Imagenet Consulting, LLC, through The Interlocal Purchasing System (TIPS) Cooperative Program Contract #200105 for the purchase of Laserfiche Document Imaging Application software maintenance, additional licensing for Laserfiche Forms Package, and software enhancements for the Technology Services Department; providing for the expenditure of funds therefor; and providing an effective date (File 7927 - awarded to Imagenet Consulting, LLC, in the three (3) year not -to -exceed amount of $225,000.00). Z. ID 22-071 Consider approval of a resolution of the City of Denton authorizing the submission of an application to the Texas Parks and Wildlife Department (TPWD) Recreational Trails Grant Program 2022 in the amount of $300,000 for the materials and construction of a trail located at Bowling Green Park and Windsor Drive; and providing for an effective date. AA. ID 22-104 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an Amendment to the Contract of Sale between the City of Denton and Denton Chamber of Commerce as Seller, and Mark Hicks Investments, LLC. as Buyer, regarding the sale of certain real property and improvements located at 414 West Parkway and 413 Congress Street, for the total sale price of $665,000.00; and providing Page 7 Printed on 1/28/2022 City Council an effective date. Meeting Agenda January 25, 2022 AB. ID 22-083 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a First Amendment to Solid Waste Disposal Contract with Waste Connections; and providing an effective date. 2. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 22-059 Consider adoption of an ordinance of the City of Denton amending Chapter 2, Article III, section 2-61 of the Code of Ordinances to remove the registered voter requirement for board and commission members and add the City of Denton resident requirement for board and commission members; and providing an effective date. B. ID 22-142 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, confirming the effective period of the declared state of local disaster related to the COVID-19 emergency as provided in Ordinance No. 21-2801 to March 31, 2022; superseding and replacing the Eighteenth Order of Council of the City of Denton issued December 14, 2021 approved by Ordinance No. 21-2801; providing a repealer clause, and providing an effective date. C. ID 21-2802 Consider adoption of an ordinance of the City of Denton to declare the intent to reimburse capital program expenditures of the General Government ($3,301,305) with Tax Preferred Obligations (Certificates of Obligation and General Obligation Bonds) with an aggregate maximum principal amount not to exceed $3,301,305; and providing an effective date. D. ID 22-196 Consider adoption of an ordinance of the City of Denton, Texas, amending the fiscal year 2021-2022 budget and Annual Program of Services of the City of Denton to allow for adjustments to the Capital Improvement Program of $1,301,305; declaring a public purpose; providing a severability clause, an open meetings clause and an effective date. E. ID 22-152 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Jagoe-Public Company, for the construction of the 2020 Street Bundle - Sector III Project with geographical limits as follows: Uland Street from Railroad Avenue to Rose Street, North Wood Street from Paisley Street to East McKinney Street, Rose Street from Paisley Street to Uland Street, Hettie Street from Paisley Street to East McKinney Street, East McKinney Street from North Crawford Street to Audra Lane, North Bradshaw Street from East McKinney Street to East Hickory Street, North Crawford Street from East Oak Street to East Hickory Street, South Wood Street from East McKinney Street to East Sycamore Street, and East Hickory Street from Exposition Street to South Ruddell Street; providing for the expenditure of funds therefor; and providing an effective date (CSP 7857 - awarded to Jagoe-Public Company, in the not -to -exceed amount of $7,270,665.36). F. ID 22-012 Consider adoption of an ordinance of the City of Denton authorizing the execution of a contract of sale between the City of Denton, as buyer, and Michael Davidson and Penny Davidson (referred to herein as "Seller"), for the purchase of a 71.034 acre tract of land, more or less, being situated in the J. West Survey, located in the City of Denton, Denton Page 8 Printed on 1/28/2022 8 City Council Meeting Agenda January 25, 2022 County, Texas, and known as 5995 Hardee Field Road, for the purchase price of One Million Ninety Thousand Four Hundred Fifty -Five Dollars and no/100 ($1,090,455.00); authorizing the expenditure of funds therefor; providing for severability; and providing an effective date. G. ID 22-014 Consider adoption of an ordinance of the City of Denton authorizing the execution a contract of sale between the City of Denton, as buyer, and Roger Davidson (referred to herein as "Seller"), for the purchase of a 6 acre tract of land, more or less, being situated in the J. West Survey, located in the City of Denton, Denton County, Texas, and known as 6151 Hardee Field Road, for the purchase price of One Hundred Two Thousand Dollars and no/100 ($102,000.00); authorizing the expenditure of funds therefor; providing for severability; and providing an effective date. H. ID 22-244 Consider adoption of an ordinance of the City of Denton related to the First Amendment to the Development and Consent Agreement with VS Development, LLC, and Denton County Municipal Utility District No. 16 establishing fire protection services and other related matters for Denton County Municipal Utility District No. 16; and providing an effective date. 3. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics, above posted. CERTIFICATE I certify that the above notice of meeting was posted on the official website (https://www.cityofdenton.com/en-us/government/open/agendas-minutes) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on January 21, 2022, in advance of the 72 -hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code. Page 9 CITY SECRETARY Printed on 1/28/2022 9 City Council Meeting Agenda January 25, 2022 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. Page 10 Printed on 112812022 10 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiiwlim� www.cityofdenton.com DENTON Legislation Text File #: ID 21-1765, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the May 7, 2022, General Election, and any runoff election if applicable, including locations, dates, and times. [Estimated Presentation/Discussion Time: 30 minutes] City of Denton Page 1 of 1 Printed on 1/21/2022 powered by LegistarTM 11 of DENTON DEPARTMENT: IACM: DATE: SUBJECT City of Denton AGENDA INFORMATION SHEET City Manager's Office Tiffany Thomson January 25, 2022 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Receive a report, hold a discussion, and give staff direction regarding the May 7, 2022, General Election, and any runoff election if applicable, including locations, dates, and times. BACKGROUND On Tuesday, February 15, 2022, the City Council will consider an ordinance ordering a municipal election to be held on Saturday, May 7, 2022, to elect members to City Council Places 5, 6, and 7, including a runoff election to be held Saturday, June 8, 2022, if needed. City Council previously requested staff provide polling location information in advance of ordering any election. Further, Staff was asked to provide information in the following categories at the time polling locations are to be reviewed. As such, Denton County Elections staff will be available to answer any questions. For future elections, request election day voting hours during the weekdays all be for a 12 - hour voting period, in addition to the two 12 -hour voting days mandated by state law, with the increase request to be for the general election including a runoff election, if any. 2. Use of Vote Centers. In reviewing the historical use of polling locations from 2017 to 2021, the following are the recommended polling locations for May 7, 2022, General Election, and June 8, 2021, Runoff Election if applicable. Early Voting District Location I Denton Civic Center 1 Denton County Elections Administration 2 Borth Branch Library 3 Voertman's [138] 4 Robson Ranch [Prev- D-31 South Branch Library NOTE: MLK Recreation Center [D-1], used in 2621, not available due to ESL classesicontract with Denton ISD. iV Election Day District Location Denton Civic Center 1 MLK Recreation Center 2 Denton ISD Sisk Service CenterAnnex North Branch Library Dania Recreation Center [Prev. D-4] 3 Forth Lakes Recreation Center Voertman's Denton Fire Station #7 [Prev. D-31 4 L.A. Nelson Elementary Robson Ranch Clubhouse [Prev. D-31 Outside of MLK Recreation Center, the locations are the same as those selected/used in 2021 (no runoff election). As directed by City Council for the 2021 election cycle, if a runoff election is necessary, recommend the use of all Election Day locations shown and use of Denton Civic Center, Denton County Elections Administration, and Voertman's as the Early Voting Locations only. OPTIONS The following options exist: • Reach a consensus to use the recommended locations detailed above: Identify those preferred locations to be used for early voting/election day for the General Election to be held on Saturday, May 7, 2022, including the runoff election to be held Saturday, June 8, 2022, if applicable. Identify other desired alternate locations for staff to research for potential use for presentation/deliberation at a future work session. EXHIBITS Exhibit 1 — Agenda Information Sheet Exhibit 2 — Presentation Exhibit 3 — Maps on EV & ED Locations Respectfully submitted: Rosa Rios City Secretary 13 Polling Locations, Dates, and Times for 2022 Elec DENTON CITY COUNCIL MEETING JANUARY 25, 2022 ID 21-1765 m Background City Council requested polling (voting) location information to be provided in advance of any upcoming election In 2021, City Council requested information in the following areas for discussion during the next election cycle: -.- Vote Centers ❖ Increased voting hours for Denton polling locations 15 Election Dates ➢ City Council is scheduled to order General Election on Tuesda , February 15, 2022 (includes locations with final determination by Denton County o Last day to order the election is Friday, February 18, 2022 General Election - May 7, 2022 ❖ Purpose: Elect Council Members Places 5, 6, 7 (Mayor) o Candidates for Place 5 must reside in either Districts 1 or 2 o Candidates for Place 6 must reside in either Districts 3 or 4 o Candidates for Place 7 can reside in any district ❖ Order of Election set for the February 15, 2022, City Council Meeting ❖ Last day to order election is Friday, February 18, 2022 ❖ Canvass of election set for May 17, 2022, City Council Meeting (and order a Runoff Election if necessary) ➢ Runoff Election —June 18, 2022 ❖ Purpose: Elect Council Members to any Place where a candidate did not receive a majority of the votes cast for that seat at the May 7, 2022, General Election ❖ Canvass of Runoff Election set for the June 28, 2022, City Council Meeting 16 Voting Schedules Mav 7, 2022 General/Uniform Election Date General Early Votin-e Hours Monday April 25 8 a.m. to 5 P.M. Tuesday April 26 8 a.m. to 5 p.m. Wednesday April 27 8 a.m. to 5 p.m. Thursday April 28 8 a.m. to 5 p.m. Friday April 29 8 a.m. to 5 p.m. Saturday April 30 8 a.m. to 5 p.m. Sunday May 1 11 a.m. to 5 p.m. Monday May 2 7 a.m. to 7 p.m. Tuesday May 3 7 a.m. to 7 p.m. General Election Day Hours Saturday ft,+lay 7 7 a.m. to 7 p.m. June 18, 2022 Runoff Election Date Runoff Early Votine Hours Monday June 6 9 a.m. to 5 p.m. Tuesday June 7 S a.m. to 5 p.m. Wednesday June S S a.m. to 5 p.m. Thursday June'3 8 a.m. to 5 p.m. Friday June 10 8 a.m. to 5 p.m. Saturday June 11 8 a.m. to 5 p.m. Sunday June 12 No Voting Monday June 13 7 a.m. to 7 p.m. Tuesday June 14 7 a.m. to 7 p.m. Runoff Election Day Hours Saturday June 18 7 a.m. to 7 p.m. 17 Recommended Locations for 2022 Early Voting District Location Denton Civic Center 1 Denton County Elections Administration 2 North Branch Library 3 Voertman's [138] 4 Robson Ranch [Prev. D-3] North Branch Library South Branch Library NOTE: MLK Recreation Center [D-1], used in 2021, not available due to ESL classes/contract with Denton ISD. Election Day District Location Denton Civic Center ] MLK Recreation Center Denton ISD Sisk Service Center Annex 2 North Branch Library Denia Recreation Center [Prev. D4] 3 North Lakes Recreation Center Voertman's Denton Fire Station #7 [Prev. D-3] 4 L.A. Nelson Elementary Robson Ranch Clubhouse [Prev. D-3] Outside of MLK Recreation Center [D-1] the locations are the same as those used in 2021 (no runoff election) As directed by City Council for the 2021 election cycle, if a runoff election is necessary, recommend use of all Election Day locations shown and use of Denton Civic Center, Denton County Elections Administration, and Voertman's as the Early Voting Locations only 18 Recommendations & Discussion Early Voting District Location Denton Civic Center 1 Denton County Elections Administration 2 North Branch Library 3 Voertman's [138] 4 Robson Ranch [Prev. D-3] North Branch Library South Branch Library NOTE: MILK Recreation Center [D-1], used in 2021, not available due to ESL classes/contract with Denton ISD. Election Day District Location Denton Civic Center MILK Recreation Center Denton ISD Sisk Service Center Annex 2 North Branch Library Denia Recreation Center [Prev. D-4] 3 North Lakes Recreation Center Voertman's Denton Fire Station #7 [Prev. D-3] 4 L.A. Nelson Elementary Robson Ranch Clubhouse [Prev. D-3] Identify locations desired for use for May 2022 General & June 2022 Runoff Election (if any) If a runoff election is necessary, recommend the use of all Election Day locations shown and use of Denton Civic Center, Denton County Elections Administration, and Voertman's as the Early Voting Locations only; Staff would present locations at the time any runoff election ordered Denton County Staff is also available for questions QUESTIONS ID 21-1765 JANUARY 25, 2022 6 • w o rn = rn a - KI KLAND W LU 1003 ¢ a ❑ Y w HOLT o x 0 RI GEVIEW w w Z r ¢ Y HOB Cm w CHIPPEWA fps m i = WI OW p j _O < < a �O m M O CADDO �P BROOKE WOOD MA SHA LO D o > w w Tq0 q 0K LANEY � M R H LL N � Wr m C ~ ~ MCREYNOLDS 00 1, V FM 455 5 1 002 w CHURCH O Y x N a O 2 W HAPARRAL m w Cy BENJAMIN CHU CH Z � A m O N � 0 LA PALOMA F� P � Z� 0 ¢ z AUSTIN ¢ p AUS N O O� M � W g Z OUS ON O F ROgSOSO 0 Nz m LPKE RPY O g SAND NE > MELIND = z W < JA ICU p rw- Y L OXO w Y o J AY E o w LYNN STE H J x gLUEgON mi PAR REY' MAGNOLIA F BERNARD DUCK CREEK ¢ ¢ p MA STE NS TH AND K W 1008 EIDER z p } � m O O 0 m I a N z MANOR g KINCAID PA ON a Q ❑w a PINTAIL m GREENS 00 Z w Y SOU QUAIL ❑ MANED OLA MARIE w STAGS LEAP w m RINGNECK 35 SP RIN ❑ FM 2153 g CROOSSINGZ CID BE RUN ¢ v TEAL a m rt7 z � GRE N DEER RUN ¢ A< 0Z 1004 a a SPRI GS OCF j LU c� W o CROW WRIGHT m 9101 m PR 8838 x a o a 0 x of 1001 1 z W RV Q T O H 0 1000 LITTLE JOEL m U m HOSS z � COV Y ¢a, BEAR U RUN DOC HOLLIDAY j W DOWN 0 WIND DAVIDSON W U m DAVIDSON Q�6 IRONE�HEAD p AIR FIIELDt ❑ W JOSEPH LL Q = 1005 a o MICHAEL MICHAEL Z NICHOLSON O SOMERSET y O 1 1007 O PEBBLE C7 V RV m CREEK Z L MAR z RIDGEROCK 0 W oISKTOIJE,ATE z PAUER T AVIS zwO CI 01O m 0 m z 1006 N Y W x O W w PR 2732 Q JOHN GEORGE 1 z ¢ m w ❑ g Z v - m � a OYL am m w w ❑ BAR A m Q NONE < o a BLACKJACK z m g0� SHEPARD Z Y Z AUSTIN ma O m m w m ❑O LUCKY SPUR B -7 m W EAT HILL = r KARAS 0 O m MUSTANG Ory K of LUQINR ILL�c� w PR 661 ~ x FM 428 K Gs, DEE RUN SHERMAN Z O Z OLD THOMAS a w p J R00SS z_ W w LAZY RAILS END Y Q Z � p DAISY RIGH, RDS FItELiD WARSCHUN pW r REINING �J z BORTH ROSE \ R MILAM G H COYOTE MILAM WARSC N HAWKEYE 2 3 J_ COYO HIGH MEADOWS CHAPARRAL 4191 ^ EPSP ��� �P SAULS 1010 SUNSE O BOBCAT pP� SHADY 10 58 O ELM BOTTOM OAK OAK HILL w 0 h � d' SANT h m P�9 W FE a m RIVER�5 g p 0 0P JOHNSON U G� CHINE a 1057 INDIAN 2 0 O MEADO PAINT CHINN WW °� INDIAN PAINT (J > 4190 GROVE S ~ RHOADS ve EVIEW 0 a a 0 l(yQp a CRYSTAL � �\ 0 O UTE LAKE x o BRUCE RM 77 GREGG T EDOVE U EADOW ❑ WOO EA INC+ 000 HAR* LEE ,S RODGERS a m G KEYST E FIELD 2 RADECKE m 2l, 1 FINLEY Q0 AG N w Y e6,Q o AIiRPORTVISFs COLE NI GCORY m H L of Om 'P PNY ON WOODLAWN E =0 DOVE SHERIDYN 0LANSMAN G VAL EY A w Z Y MASCH BRANCH JER m d, w HARTLEE FIELD RZ�p6 VI W FOX w j w ¢ w 11 a NUo BROOK HOLLOW ¢ ❑� ¢ m p x a of � 1011 H C Y F S = Q U BARTHOLD i m T> N �25 ( = O X LL hZ OD F N M VRSILEU 1056 ¢ ¢ S M R O m NS O 0 ST E p 3 w O 0 0 (C o 0Z� pUDG/ m m m PRINCE DOD U Z 0 kF H FiL7 w CA UMET q HARTLEE HARTL CC YD N K 288 Z ARVINLL H A Y p ✓ ✓NPR/ N L9kF �P U A FM 1173 UPITER 1F2� C UISE COYOTE ('p qG F 6� MGGP 1 0 Ow 93 288 APOLLO DIXON g R9/y U� GL N GARDEN O Z U U SEQUOIA 2 pERSHING w 0 09 p w = 1061 ! D Y w JUNG ! x w w 0 � m MEADOW WE TCHEE � Y APPAL OSA `S UTN ; CREEK w 3 AZTEC 0 WITHERS LOO z BEALL } JUN p 3 m g 88 288 BEALL p TRINITY ¢ U Q m ME 7'0 Z Q 0 Y O SANTA 2 288 J F LL 7NS p LA CROIX w p K EAGLE NEST U FE aW7-�i U a m O m Tj z w A. ROCK RIDGE C EARVIEW m 4 FEATHE CREST m CATCHER P NA FRUTH J H 0 HE LES H RC L W mz+ HE q 0 ❑ ¢ C7 TOTEM POLE R MAR F(,y7 Z T FC 3' 110 - SAMUEL E OW ai m 0 ¢ MO r [r ❑ ~ EVERS ❑ SUN ALLEY n L Y S 1, MITCHELL x w KAWATI ¢ ¢ $ e�, p a O p 9 O y O RAN LITTLE BROO m0 VA 2 yr z Z O RETAMA ¢ z ICT N lL 'A,�N 2 LE SAGE WI ! 20 F Y q T U U w CARRI AN P� IL ON w Y CCA ❑ 'S z 03 = '� \ ON ', QBE KNIGHT HOOK z EUFE IA � MCKAMY -� a ❑ w m z w � SIL R DOME m m TREE x = Z z O MEADOW F MO TAIN w BAR RO ANTOS o TRIPP m 4 v ❑ R M E L VISTA DEERFIELD ❑ OPFP ST E y O ¢ CON TAN NA /NDgR K = K m w FT w NG S 1055 OUNTAIN U w w ¢ FIN Y ,p �DENV/Fw = STRATFORD ¢ j i0 `' L KE J O ❑ G ¢ Y .5 ❑ KINGSTON O Cts p 0 >- w m y ❑ ~ �.c 6R F J PICKWICK ¢ m Z w Of x CANDY 3 DEL a k li m g p O O a g 3 02i > p GARDENVIEW m � 00 Z w m 0 FP M ❑ w W OLFTRAP > O 0� 1-0 64 D D A y! 0 ¢ GABE O w 00 ¢ ly G 0 0 FL DGE w North p�ya m C ER GHILL X G J v M I o MILLER 1-059 > Branch D UR NG 0p -� -e m W O Q H S VE 6 0 0 m0 Z Z > p Library p INDFIEL s o �Ftic me ? a o I 4192 JACKS O Y g 4189 BLE r DRIFTWOO 0 J 0 Z 2 ❑ z Z P2 m 00 O • COFFEY cn INDSOR CHISHOLM m NO �� ��� w > w O m w A m • -I r VF Z FISHTRAP ~ w O WESTGLE m N RTHRIDGE m ❑ R pv MI POND , m W p a m MAICH B NCH w JOHN v EL CO OCL R w ( O ¢ C7 O a 3 m Q- _ AGNOLIA L\VE q/� > 007E AR H R EME S GO > FISHTRAP Y x ROL ND o BAUER Z ¢ = S( Q M\ W~ GRE N FN '� MIMO R CORON D v ❑ z o ❑ 0 rFY C m BRONZUE m m o o Z z ¢ g O 3 m �m CHATEAU 0 O 0 m 0 0 F m m wa, w ❑ HAMPTON z SCHUY Q' 3 w w HE H HEADLEE x 0 O m ¢ 3 w Q�J HANDLE HEBI � C � w? GE SUNR E 3 3 0 C) 0 o a m J a w a MEADOW GE OAKHIL QPRK ~ - MISTYWOO N U J ISTYWO D ¢ ¢ 0 W S W R > STRATA LINWOOD _ g x p a m w w PE CH 106.2 LAUR LW OOD ROBIN '63 < 3 tr ❑ AU URN HAG GAR ❑ Z TWI IGHT y0° ¢ U AIN O NS w GREENWOO GRE WOO ~ w BE HAVE Z w IVERSITY K ¢ ARC LON UND R IR 1060 IAF R 3 w OAK AW A S O 3 K 0 U w y ¢ a Y p g m x p w MOHICAN a¢ w ywY O p N ¢ Z i GREENBRIA p H Y380 y RgMP80 Z 3 U LOS v H O `T TULAN Z SS �w a ROBE S O m Y Y 0 0 X09 Or g m> p LARIA COL AS 0 w w p �� O P� T W !m CR EK p w ¢ 1066 Ppp pOSP SPRING HILL O Z z C� �� IN WOOD AND C9 m Q- -+ w y2 0 J 2 CH CT W a C7y0 BRAND Z d LOW BP D 3 ¢ hW 0 OZ P p ❑ 0 Y O o y 01q STOCOAK IRE O m 3 p S Z O O ¢ SUNSET OOOS 4167 ❑ v ! WICKER PRING RANCH O R m -' } FR 0 WE TWAY CHAPEL .C(LE U g � KDRA � BLAGG w Z NERGY M ~ 0 4169 ¢ EME Y a OL EG tJOO > m ¢ T RY Z , \NENGE O 00 �, w WESTCH-S ER EMER Z } m Z °� BEV LY r o QROM z OZ m CORDELL CO ELL ¢ PDMINIS RA yO�Q�, 0m WA NE m ANY p ES m W = TRMA ON Y ~ W tr z H TH RD GROVE GN O' d RED LATTIMORE HI P RI HOWAR ¢ ¢ � m J O w CRE CENT C SCENT ~ ¢ AR m d CRESC NT w 01 -EG 02 w OAKS Y NEWPOR LAN E 0 SEC N C H'ILCIg ¢ w O K PARK a w ¢ RE EARCH Nim O POST AK O w PEN Y^1 I w LI DEN 00w m LINO N a 4168 Y R Z SC ITZ U O g BL A TREE ~�P� TIMBER a 1065 4188 R O OAK J CHRZN 1066 J m ROAD Y z FE G N ? ¢ EXA EXAS PACO z > 0 MEADOWS BARNE Np\. PA DHANDLE � ¢ 0 PANHA DLE � w � m ¢ m � AY w AY Y ROYq EE DANA c7 HDRAU ORS HT NN g z a O WITH RS _ O M w w AL Ar P O O GAN w wo O z >_ R HA g PAISLEY �PAISLE 41-66 x STALLION O w SENA z J PA LI L w ❑ w w Y a W TON KING FIS E USSELL NEWMAN ILDW OD C NG ESS O ¢ m w m 0 ❑ BL ¢ O z MEADOWL RK OLD STONEY O ¢ a ¢ O "� D0U 3 r ¢ RODEO V m w CON R S O w O ❑ w 1 0 LEOA m g p" z CRIP URE m p Denton Civic p BA BER tr 3 0 Y O ¢ i ❑ m a Y 0 ORIOLE Z O A g PA KWA f = m DA IS w g CH ¢U SILVE m z a 80g ?RR �X o USTON HOUSTON w M Center Q UL ND m w x ¢ g S GE O -O-LINT WOODT RUST MARKET z w g09 = m a5 G AC ¢ R a T MP m PEAR 0 ¢ 3 DA S'L W¢ 0 ALAMO J W K i CL a z k U m A 0 Xf A K O VOert hall S GR GG mCAI 00 x ¢ 0 y MILLS O C WOLF m OAK Y F 1 0 w RY J O N ❑ ¢ ¢ z ¢ 3 m w U w m r j x STE LA w MULB RRY ¢ y m MILL RBY �y HA OTTE w ¢ >¢ ❑ SYCA RE SY AM RE N a w LAG ONE z d OSS s > w w ❑ g ❑ "" OHN R Z S LO ISE a GHES NU7 _ 3 CHESTN TROUD z y 3 ❑ WAGON V vw~i PRAIRIE L 41-70 UNION PRAIRIE 4171 = 3 PRAIRIE D a PRAIRIE = TRAIL 0 U OJ z U TY Jw } 2067 3 w HIGH AND w w IM m 3 FS S Z ZO /SSS ❑ ¢ MAPLE ¢ - A LE Q YOgFR S0N N w WILSON z o S 0 FN H Z �_ 3 O \I,IYE O > z FmM7.SE 0 GAELIC w UCY SF z ¢ w < w BI O x J X w O Z p w SF > m 0 EAGLE 1 a ILL ¢ w Z ¢ 41,2 JN Z FOURTH R y 7�S J W j M ❑ w z 0 RU H w S MORSE 1 }�� O 0 ON Z ¢ 0 a MARGIE COLLINS W O PARK = RC MCDO/VgC m SHADY OAKS E' Iect1011S YOp A Y /Eby y THIR 0 0 p S > O OLLI MONS kF p •Ey �' SECOND D U DER 3 UN ER m ¢ p H MBERS FY O MEQ i m , KAYA N a DEN OO N Z m w m MITH PO Office 20 m w O = SS 00 RE N E ,�S = SMIT SMITH 0 't 9� y Y 1�l NII I�rAL AIRPORT m HIGH AND Z Zy S L DAUGH RTY o _ KARIN m AIRPORT w PAR Y U M SHADY OAKS 416 5 Z z WALT w MICHIAL w c MARY Z PARKER WHI WI1.L ¢ U Q 4174 m l m O 4193 TOM COLE SPARTA ¢ m TREMONT IN SEY O SANTA BE 3 WI LD NES GAYL C G YL 4173 O z DEER p m F¢ z Z ¢ Cj0( w ES TRIDG OAKWOOD AKWOOD w w HOPKIN Y (w7 TREATMENT PLANT �? W ❑ a w< w ❑ w W w 4187 00 o WILL WWOOD S 136 135 0a 4175 ROCK SPENCER LOCKHEED ILC x w / P\0 4 Cq D- D - w E D METRO x a y ME !0 0 } J ZO LAUREL N w v O ❑w W m 35 3S 135 1,9s Fl O' \�.\O O g Y ¢ R S SHELBY ti= o ❑ W z p o- / 0,91 qSR/ �O Z z o Z y w 0 7 z m ESERV �� ,PG FOSTER 2069 m m 0 3 4178 3 m N ti z ❑ p _ P RV N LONDOND 0 z SPRING SIDE S AMYX SOLAR PEEBLES 4 OHO 00 PDPJ RS IN Z 0 y.NO� GES C� /3 - Y r Y E O G-ODSON 3 PERTH ASSE MASSEY � X00 m z 0 ID ECR �- m CO QUAIL S CORBIN m LOCH TSON m O CREEK S = P -¢i NESS DANIEL p LT OZ O his p pQP AMYX eR 41/77 N o 50 417.6 R' Q Z y�� G gMpD 0y ye pUAIL SELAI'Vil, vG m K 3 O A CREEK = BISON 0 qS RpT y - F O 0 w BLOOM Q� B x R RO LL 22 0 LEA O p ISHOP ¢ O w ICH < N NE ¢ O\'�y NATCHEZ C0RAp0 CANA m >- J w SION L HURST Z == W 0T MPG G O qD0 LING z z w Y d e LL 92 0 \ COC BLUE JAY z ❑ p O G� P� ¢ X Z SKYLARK w� U GATEWOOD y HENA D qH OJ Q Q PAR o g Q- GREAT BEAR 3S r SANDPIPER c� i O EDWARDS O P ¢ a CHAPEL 0KF ~� GE E S VALENCIA F F COUNTRY VIDENCE za q ! ,\PNOE qN,y C T RL w HARFSIDE w LYNDA 0�.n� �OP� � c E WIND / 4163 O SHILOH G HIDDEN HOBSO LAS LOM S 3 l l VIEW AB T ❑❑ 9! IND G1 � w RIVER SS > N a M RIN � � VALLEY IRP ENV LEY GpV BROWN FM 2449 KE 1� Y POR OLA AR O .SOut] Branch Llbrar p ? DAISYSMOKETRE �k- 1IS I K w A Y LOON LAKE g EASON = H GHVIEW � � p o 4AIRPORT S m Sy A YG z 6�NTA A v o m !9 Qy Vq(goq C m O H C PIONEER ORFLINE 2 O g 0 E`' G N v m ,Q' � �F ESL N F ATT � NT EN r w "hN g O Y Cq E m Sp G PUS 1.1T1ER G y BRIERC FF m g O¢ OOD _ o a n KS N w FR GENCY EN m z v \QUITA 7 � L JN r ?i GN w G y G CLUBHOUS y� N0 B IG T POC, O S ¢ w 20-I n m m¢ (p7 w Z HOR BEAM 2j NOR m p O F O N l y _ w w ry SMOKEY 0 J RF USCAN D z O RIAR Y KENTUCKY KEEL p p 4n Z r J < 1 WQ- \h m 0 Q S NEC OP 0 TRACE BE T¢ DERBY K m w p O r yy m PINTO 0 z ❑ ¢ \ m .� ONOM m m UCKTH RN p RFF RE K w ¢ CIELI O = Z m Z F Z ARABIAN z LAGO m aR O❑ awn P O INI m v y SUNSET AMBERGATE ��� _ O INTER REEK E BIW AND HILLS w m mD Um O ¢ HEREFORD d Z AI w O Ow m D r 02 Q STO EHOLLOW� ¢ 5 m TAMARAC NBEND z SPI NAKER 2 H CLOW RIDGE NOUS LOV LAID ❑ - O EL PA EO 4180 00NSP Z T0N 4162 0 S LID SUN y W -� m -� CHAPARRAL 3 J 2 LYO ? 2074 B ECHWOOD z WESLAYAN O W CRES 0 0 OPK I m 0 ¢ FqN GOLDEN ¢ ❑ w J ,Q n00 Q w 0 F KILLDEER O�'Z' SPRI GCREEK z? S A TIAN r m HILCROFT m z w O 73 MEADOW O 9 ISLAND MAS Q- -1 g OR MPLI HTER AN HOR .� } ti r P m m � VISA IA w O BISSONET I.y S 8TH S� ANTI GO ~ J Z U 'C\ N gTFRp 3 Y > a O� HARRISON O 0 F- m F SANDERS OAKS 9 w J RO W/ O,Q ADy x O m ❑ Q 2 w w O O E H HADOW w T O W Q- FOREST Y J z W g W ! SEVILLE p w Q NST 0 RES Q Ow o z> AT RWOOD = h Q' J Z 3 a 0 Z 0 9 Z RET NN F0 w N 1E O x Q� Z a CROSS RES m OAKS N GR 0/Tp �MARIN m� 3 4164 g0 P FPS 5 m ' g 3 418 5 4179 A NADA O w p O\\ M M RIAL MERR pP� 0 0 HP EN 9 O p 'A vAy m m D H ES SHADY m J m m D w O¢ 0 O+ Q FORTY yA 0 9,F 00 p NDU Y 3 MACBEY OAK O w Y ARBOR D w W 0-0y< �STA oy0�4(n oS BORN>mDALTON z❑wO 3 z J m EONISx LP g¢ O� 'z pFAa¢= RED K g O= a p Q SUN9 p m y'� NOG C,9mp J p Z a g NOB HIL a ILDWOO �Or � DANBURY �U w C� Y 3 -�ARYM U T Z a PING p �V,\S T< a O E ❑ HpLLISTER Y ¢ MIRANDA BER } �\. ST ASPEN m v BELLE z Z G POEN CRE K m RED NDO 5 RI GE �' R WOOD o 2073 a RONCO CEDAR w Y x M m O MA HEW AVI ION ¢ w w \ z m 0m p NpISH O O K 1ST IVY \e�P m J VINTA W ER S > O PARgp/ 0 0 CPVE OLD BLACK ERRY FALLBRO Z w LT GREEN �. w ❑ �� 4 RIDG WIN N z m MUSTANG 0j w o w _ \ N w ❑ N NOL A = p p w n cel, w W Y p MISTY WALTON U T. PALO INO 4 KER WI THROP HILL OAK LUF CHE K STONE EL ND ❑ �� J \ 3 O Q p > VILLA Z RY T 0 a A M p RSG ¢ g ❑ R F. 5 < O Y ❑ � a�PARK na q 0 a F a S - w F EL R OP \�5 v /R RED �P E A E DG P z o 9 Y m w _ TH EM RALD PARK N CORINTH 0 = ERRA O� 4X E ACI = G � P > 0 CORIN � VERG EEN 0 r BELMOI T PARK P 0 y D HALE o 3 w EL K LLS z C r ► __� 4181 e m _ > - - 4184 ���>0 G q,,RW1Ck p d W U PRESCOTT OWNS NES M m NN m a 0�N N z Y GNPP a W FP m OMA CH 4186 SKIVUE 0 o m O K r LMETTO p ZHILLSIDE ACCRED HAMILTON tr w GRESCEiyT < w' m w PAD CK m m a A y O 4' CRE a Y rp > Z 2 FPIRMOUN PARK DIVING TUSC ¢ m O m ❑ DE T v O L• = o p CD OAK < OAKWOOD m m EMINGWAY .^P' 0 yo G FAIRWA S\ 0 t✓ T m ¢ z O W0 w REp ¢ WICKWOOD ¢ PALO VERDE `V 'F m m VISTA �1X AINSL m Q HAVEN tr O U m m r JO AN n W P ,�P ,= VE M A Z OTR OUSE OAKWOOD BLAIR w z 2072 VE 9 tr ERDE CORDERO O v A F - L = W x Yy Z tv11GNE ¢ F m VIST VERDE GLENDORA U w p W ND 0G CINNAMON G r y S ❑ z❑ K �"'S yeGR = E DO DA LIG TSN B ENA VISTA ¢ m O PLTI m Y VIEW N A G C� 'AG y O rn U z HIC ORY Z ¢ ¢ MARSH .p F ❑ Gy C O O -� O O IC ORY m � F w C9 G w HICKORY CR EK G� ❑ Z O L ON F N BRUS CREEK° C VE m a Z W 0 EL INGTON w w 0 FR(y 315-9 SI' 9 B NT FL !>' \� z Z c7 DOVE p z ¢ F MORNING TA HIL m VICTORIA PNS a OB > z Q y0 �� Gp0 BANDED GRED SILEN - z 2 Y ? w Bq LYGPS GLORY > ? rG U BS x OBBS f DC IRON JOHNSON m \E STAR p d Q w U OCEAN a z CALADIUM C MBRO D w O WINDHAV Y w ¢ W r !m 9,y P Sly / v m p m d M a w m S NFLOWER } > U LG VE Z ❑ - P� 0 Q Y 3 z Y f ti m LIGH OUSE M w w > y w P E O O p O ~ ❑ ZN L0W RTHL J J LAKE SHARON ~ TP R SNIR m A w O z � �N R O Al A o SW o a ACORN 0 A F m� TIM ORI AK 6E BIN � (¢ m ~ PO \E q y HERT SWEETWATER F R 0j N a K K - A ~ m 0� GRESAV SgygS lgti0 '\gS09 ��G RiVL TONE m z WEL H N'AY CL U = Z ~ ¢ N HRISTIA z OMPRESS �Q, OAK Y RCREST x w b y JJ w a w 4161 E SPRI S z E y U DER O P F F W ACE Z K Y 3 w Y > ¢ pEpPERIDG 9 i. O o JpL P Tq Fti p BRA OS > w O m U ~ S\GPL p w ¢ x \AK HU SON ,p 4i \XP RAVE WOOD 3 a 2' Y � p� v m CHI PEWA T� BIRCH S IDY H m U X¢ y U 2 gN a O r � O t� � OLD ALTO BLACKEYE �. U N a ❑ BROOKVIE (iM G Q A GP SORI NO 3 Z O w N 2 gLCON w { \, n/ i w O L w CROCK' CF 9 w 00 > w 4183 < E SUSAN _ \' NE CUST R 3 T li,�, O Y Y1NJ P 5 U j � F p, .�P � FAIRWAY ❑ g L /U E AR o O M y Robson Ranch Club P w TP r' O O BUTT RCU � ELM a t0it � O� 0 F 50� COUNTRYSIDE _ 7NF � J -\ G ACRES Q � O - 4193 STOCKTON yql 0 ��S PO aER SpN O ROS W a P LEM a O m - EK F S( O P R DW z O 0 0 E Z w m i C G 5 l (o House o OPRD N < PEP OOD �' QUAIL CREEK ❑ 9 m w COLU I T rY --Zi LI NITE RR q�e \ N � LL � Z INDIq (g7EF MALLAR m � BIG = �. � � H OK - � m z DTZ F. O S F l z LEATHERWOO m O BLA RY w LL PEAK A Vd 00 MONj S 'Lip STILLHOUSE HOLLOW HILLTOP w m HIST O E S N O BRI RPS vAIk EAKIN DAKOTA w Y �`� OS,F R O,,E ��� J AG P pPCEW 1 0 M E ~ D G E NMEADOW 00h'q IPJ Q y Y 0 O Z w MEADO LEN SXOF g O m 2T \O� 5 0tiT ROARING ? = Z z ¢ %yj 'P m c7 2 N �EP y Z P R AIDEN � OG WN pP�'S ILAENICEZ M N M SPRING P ��,� SE ❑ U z SOL' �¢ 0" 0 O 0 m w 3 s� OJ�N OAks TR FF Q R00/I- m IN CEMETERY LINNIE BELL E m yya� MN 00 OOD ,t. Q 2,� B H 2 a W a z 1 M OA D 2 � �� h� D ❑ J P U - KEV I SANDPIPE '� 9 -� OO S\\NOVJ o a 'r OF( p 20 71 O > m P a C CLIFF OAKS ENA Y O A O O Q- �� -' STON W 0 DOD J ¢ ARKPLA 0Gy R GE c� O ¢ RE / A m ATH S a O o O LIBERTY o Q m ZJ O 0 Q� BL AC WOOD �2 GRE NUR w ME 0 FR NR/D SUNFI KNOLL O m O ?O A O e9� �,� \ G OM�� z o OREFK _ (-,REE LAKES z (w7 Z pU?� o��I r GRITSTO E Z 9 9'P �O ¢ F ❑ PINCHER 3160 O y JAME � m �EO� SOUTHERLAND N G9 000 0p ! BF OHO o ¢ 00 BRI GESTONF C',ZP� G1 PA TA � � 0 a MAVERIC BASA T O ? m m A FM 2181 W HOWARD SHORE N 2 0 F MEAD W X00 QP P R v _° 3158 a A 4195 ROOK D Ox OAK EDAR CREEK 4182 v0� w 0 m P ACE G� ZCR SSIN o 0 Ow d z CLANCY v \h �� 08 H �. 0 y EG JS = m ~ RIDGE O m MANCHE TER m 0 'K ❑ x F m m p 419 5 p KN P Pg z P J "" -{ K V U 0'> a w MATTIE v �P w d� m m S R 4198 0v = DGE a m VISTP C\ PN �� OVERLY z w M 0 K m ❑ Y NIC 4196 p 4197 LER RCHBURY 0 SUSSEX EK O Z z OINT w ❑ m w VIEW TRA E r E E y DERBY a ¢ x w PRq lE EW VALLEY N OZ TR OEC N ,o g m W 0 FN GR E_ m 3 N ❑o Y v a g z STRADER m V/ \G W=- O Cj a Q O m o O P E G m 0 Z r O p a m WILD 00 0 a GRANITE o OLD ACTON F N'Q N� \NN S� O `Y �' w O 3 z m w EAGLE �e 2 KAREN 4�1 g.g 4200 p OFF ��c m a a ¢ o O OS L g m O g NThe City of Denton has prepared maps for Legend 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 --�-�--� DICTA Route District 2 Lakes reference purposes. These maps are the property of WE the City of Denton and have been made available to CITY C 1 Voter Precincts District 3 the public based on the Public Information Act. The CITY OF City of Denton makes every effort to produce and OF District 1 District 4 D publish the most current and accurate information N ON S possible. No warranties, expressed or implied, are n 0:2:2 provided for the data herein, its use, or its Technology Services -GIS interpretation. Utilization of this map indicates understanding and acceptance of this statement. 20 w o rn = rn a -KI KLAND yW.\Wj 1003 ❑ Y W HOLT o x O RI GEVIEW w w Z W CHIPPEWA fps m i = WI OW p j _O tr tr a �O m M O CADDO �P BROOKE WOOD MA SHA LO D o D w w Tq0 9 0K m m QJ`' (i LANEY M R H LL N Wr m C ~ ~ MCREYNOLDS FOp BLUF V FM 455 5 10 02 w CHURCH � O Y x ry a� O 2 W HAPARRAL m tr Cy JAMIN CHU CH Z � A m O m � z 0 n O A N � 0 LA PALOMA F� ¢ z AUSTIN ¢ p AUS N O O� M � WJLYNN g Z OUS ON O F ROgSOSO 0 NZ m LPKE RPY O gNE W ? w > = z w < JA ICU 0 rW-OXO W Y o J AY E o w \ = STER STE H J x gLUEBpN Ni PAR REY' MAGNOLIA F BERNARD Spz DUCK CREEK ¢ ¢ p MA STE NS TH AND K W 1008 EIDER z p } Z N O O 0 m I a N z MANOR g KINCAID PA ON a Q ❑w a PINTAIL m GREENS 0 Z w Y SOU QUAIL ❑ MANED OLA MARIE W STAGS LEAP w m RINGNECK SPR\N ❑ FM 2153 g CROSSINGZ m BE RUN ¢ v TEAL o l9�FP p CL m rt7 z Of GRE N DEER RUN ¢ A¢ OZ 1004 a a SPRI GS OCF j W c� � o CROW WRIGHT m 9101 m PR 6636 x a Sry a U = 1001 1 0 z RV Q F- U 15 tw7 1000 LITTLE JOEL m U m HOSS Z � COV Y ¢a, BEAR U RUN DOC HOLLIDAY j W DOWN 0 WIND DAVIDSON w U m DAVIDSON Q�6 IRONE�HEAD p AIR FIIELDt ❑ W JOSEPH W Q = 1005 a o MICHAEL MICHAEL Z NICHOLSON 0 SOMERSET y O 1 1007 O PEBBLE C7 V RV m CREEK Z L MAR z RIDGEROCK U w oJSKTOIJE ATEz UER T AVIS zwm j O O m 0 m z 1006 N Y W x U w w PR 2732 Q JOHN GEORGE 1 Z ¢ m LU ❑ g Z OYL aZ m w a ❑ BAR A m Q NONE C o a BLACKJACK Z m g�� SHEPARD Z Y Z AUSTIN ma O m m w m ❑O LUCKY SPUR B -7 m W EAT HILL = tr KARAS 0 O m MUSTANG 0�y W -a, w PR 661LUQINR HI ~ x FM 428 K Gs, DEE RUN SHERMAN Z O Z OLD THOMAS a w U J Rp SS z_ W w LAZY RAILS END Y Q Z � p DAISY RICiHArTR���DS FItELiD WARSCHUN p REINING �J z BORTH gore \ R MILAM G H COYOTE MILAM WARSC N HAWKEYE 2 3 J_ COYO HIGH MEADOWS CHAPARRAL 4191 ^ EPSP ��� �P SAULS 1010 SUNSE O BOBCAT � pP� SHADY 1058 O ELM BOTTOM OAK OAK HILL w 0 h � d' SANT h m P�0 W FE d m RIVER�� g 0 U 0P JOHNSON U G� CHINE a 1057 INDIAN 2 0 O MEADQ � PAINT � �L CHINN WW °� � INDIAN PAINT U > 4190 GROVE S ~ RHOADS ve EVIEW 0 a a ° l(ypp a CRYSTAL J �\ 0 0 UTE LAKE x o BRUCE RM 77 GREGG T EDOVE L EADOW ❑ WOO EA INC+ 000 HAR* LEE ,S RODGERS a m G KEYST E FIELD 2 RADECKE FINLEY Q0 AG N w Y e6,Q o AIRPORT Fs COLE NI GCORY m H L of Om 'P PNY ON WOODLAWN E =0 DOVE SHERIDYN 0LANSMAN G VAL EY A w Z Y MASCH BRANCH JER m d"f W HARTLEE FIELD RZ�p6 VI W FOX w i w ¢ w tL NUo BROOK HOLLOW ¢ ❑� K ¢ m p x a of � 1011 H C YID F S = < U BARTHOLD i m T> N < = O X LL hZ OF N M VRSILEU �S W L0 O p 1056 ¢ a S M R O m NS 0 0 ST E 0 3 w O O O (C o UZ� PUOG/ m m m PRINCE T E U Z U kF H FiL7 w CA UMET A HARTLEE HARTL � CC Yp N tr 288 Z ARVINLL PI AINVIP\A/I.- A Y p ✓ ✓NPR/ N L9kF FM 1173 UPITER lF2F C UISE COYOTE ('p AGF 6� MCCP \ 0 Ow 93 288 APOLLO DIXON g R9�Y m ll�'I's U� GL N GARDEN O Z U U SEQUOIA 2 pERSHIN0 W U 09 p tr = 1061 w JUNG ! x w w 0 � m MEADOW WE TCHEE � Y APPAL OSA `S UTh, Z CREEK w 3 AZTEC 0 WITHERS LOO z BEALL } JUN 0 3 m g 88 288 BEALL 0 TRINITY ¢ U Q m ME PO Z ❑0 0 Y O SANTA 2 288 J F LL /NS p LA CROIX W p K EAGLE NEST U FE ¢ F-i U aA. ROCK RIDGE C EARVIEW m 4 FEATHE CREST m CATCHER P NA FRUTH a 0 HE LES H RCJL w m HE q 0 ❑ ¢ C7 TOTEM POLE R MAR F(,y7 Z T 0 - SAMUEL E OW n w m 0 a MO r Ir 0 ~ EVERS ❑ SUN ALLEY n L Y S J MITCHELL x w KAWATI ¢ ¢ 5�, p a O p 9 O y O F RAN LITTLE BROO m0 � VA 2 yr Z > Z O RETAMA ¢ Z ICT N lL 'A,�N 2 LE SAGE WI ! 20 F Y � T U U w CARRI AN P� IL ON w Y CCA ❑ 'S z 03 = '� \ ON 29�GE KNIGHT HOOK z EUFE IA MCKAMY -� a ❑ w m z W SIL R DOME m m TREE x = Z z O MEADOW F MO TAIN w BARRO ANTOS o TRIPP m 4 v ❑ R M E L VISTA DEERFIELD ❑ O,pFP STO E y O a CON TAN NA /NDBR K = K m W FT w NG S 1055 OUNTAIN U w w ¢ RIN Y ,p �DENV/FW = (ifSTRATFORD ¢ j /0 a L KE W J U ❑ G ¢ Y rt ❑ KINGSTON O cF p 0 w m y ❑ ~ me @R F J PICKWICK ¢ m Z w Of x CANDY 3 DEL a k li m g p O O a g 3 02i > p GARD NVIEW m 00 Z W m 0 FP M ❑ w W OLFTRAP > 0 0� 1-0 64 D D A y! 0 a GABE O w 00 ¢ tr GNi!L U FL DGE w North p�ya m C ER CHILL X 0 J H �� LU o MILLER 1-059 > Branch Q D UR SG 0p = W m O Q H S VE 6 0 O m0 Z J > p Library INDFIEL s o �F�c me ? a o 4192 JACKS 0 Y g BLE r DRIFTWOO 0 0 Z 2 ❑ z x PL m 00 O 4189 COFFEY n NDSOR CHISHOLM O A w } A ^ North Lakes �F 2 FISHTRAP W 0 0 WESTGLE m N RTHRIDGE m ❑ R pv MI POND , m p a m MA H B NCH JOHN v EL CO OCL R w ( O ¢ C7 O a 3 m Q- = Recreation AGNOLIA L\VE q/C > OCA AR H R EME 5 G0 Z > FISHTRA m ti o P Y x ROL ND o BAUER Z ¢ S( a M\N a r Center mN Ii MIMO R CORON D ❑ z o ❑ rFy C N BRONZYE a w m o p Z ¢ o y O m ? w 0m CHATEAU 0 O O m JO m w z W HAMPTON M ❑ tr 71 w HE H HEADLEE 0 m ¢ w HANDLE HEBI w C m c7 D SCHUY w ¢ w 3 GE SUNR 3} Y 0 cx7 a Q w W Z m0 p w OAKHIL RK ~ � 0 ' MISTYWOO � J ¢ ISTYWO D m J r a MEADOW GE QP m 0 a ¢ tr W S W R > STRATA LINWOOD _ g x p a m w PE CH 106.2 LAUR -WOOD ROBIN '1063 < w w UBUR HAGGAR ❑ Z TWI IGHT Is GREEN GRE WOO ~ y w K a ARC LON UND R IR Wo w BE HAVE 1060 IAF R m m❑ 0 0 z w NERSITY - a ¢ Z = GREENBRIA LL > OAK AW mi D w M�HICOAN g uZai > U w ~ O o m H Y380 `t' ti Rq�p80 p x ¢ O o w U LOS D a F p 1` TULAN Z SS a ROBE S O Y Y 0 p 09 r 1066 O p LARIA COL AS 0 w w p �� O P� T w !m CR EK p w ¢ PPP OOSP SPRING HILL O � Z z C� �� R WOOD AND C7 m 0 J 2 CH CT W ¢ Cy0 BRAND C9 irKTO Z d LOW BP D 3 ¢ hW 0 OZ P p ❑ 0 Y O o y 0Tq 2 �i9 STOCOAK IRE O m 11i 3 p S r Z O O ¢ SUNSET OOOS 4167 ❑ v ! WICKER PRING RANCH O tr R m J } FR 0 WE TWAY CHAPEL .C(\,E U g � kDRA � BLAGG w Z ENERGY M ~ U 4169 ¢ EME Y a OL EG tJGO > rn a T RY Z \NENGE WESTCHES ER EMER Z } m Z °� BEV LY r O Q OM z OZ m CORDELL CO ELL ¢ ApMINIS RF\ yO�Qr, 0m WA NE m ANY p ES m W = TRMA ON Y w tr Z H TH RD GROVE GU`y a RED LATTIMORE HI P RI HOWAR ¢ ¢ Z m J O w CfCENT C SCENT ~ ¢ AR m d CRESC NT w OL EG 0 2 W OAKS Y NEWPOR LAN E v 0 SEC N G WILC/S a W O K PARK a ¢ ARCH NDN DEw W m LIND N a 4168 Y R Z SC ITZ U O a g BL A TREE ~�P� TIMBER a 1065 4188 R O OAK J' CHRST 1066 J m ROAD Y Z FE G N ? a EXA EXAS PACO z > 0 MEADOWS BARNE 2,0 6� Np\. PA )HANDLE U a 0 PANHA DLE Z m a m cZJ AY w AY Y ROyq EE DANA c7 HORS DRAU HT Na g Z a O WITH RS _ O M w w AL P O O GAN w Wo O z >_ R HA g PAISLEY �PAISLE 41-66 x STALLION O w SENA z J PA LI L W ❑ w w Y a W TON KINGFIS E USSELL NEWMAN ILDW OD C NG ESS O a m w m 0 ❑ BL a 0 z MEADOWL RK OLD STONEY O ¢ a a O W D0U 3 r ¢ RODEO U m w CON R S U O 0 w 1 0 LEGA z CRIP URE tr p Denton Civic p BA BER tr p °� Y O D x O ¢ ❑ tr a Y U ORIOLE g PA KWA f w = m DA IS w g CH ¢U SILVE m z a 806 pRQ �X o USTON HOUSTON W M Center Q UL ND rn w x ¢ g S GE O -O-LINT WOODT RUST MARKET z w g09 = m a? G AC ¢ ~ a T MP N PEAR 0 ¢ DA S'L a s > j 0v{ ALAMO rn O W -a, p VOertmanlS GR GG m m K C 4 C7 y DISD Service 0 ¢ z 414,41414 K Z Z p v _ I MILLS = w cRF WOLF m OAK Y J OAK tO a 0 p a'¢ = Center Annex A F 1 0 w RY J U N ❑ a a Z ¢ N W U w m r > = STE LA x MULB RRY ¢ y r^ MILL RRY M m u~ -i Z m TR Y H g w �y HA OTTE w a >¢ ❑ SYCA RE � SY AM RE N a w LAG ONE Z L OSS S > w w ❑ g ❑ h� 01'\N R LO ISE a CHES NU7 _ CHESTN TROUD z y ❑ WAGON V w NL 41-70 _ PRAIRIE x w_ TRAIL OJ H PRAIRIE D a PRAIRIE w TY W f w UNION PRAIRIE 4171 S U J > 2067 Martin Luther J w HIGH AND W w < m F FSS, S Z RQ y Kinp J U ZO /SSP ❑ a MAPLE a - A LE 4 Y BER SpN N w WILSON g� r. FN H m 73 O ¢ W D Z 00 \I,IYE O= w¢ [MORS; Rec. Center GAELIC w UCY S Z U F w U 7 SF > m U EAGLE 1 a ILL ¢ w ¢ 41-7-2 w ZZ RU H J m 0d' mi FOURTH UTHA 9N S ❑ 7i> AN I ❑ U MC 3 OAKS MORSE O Y a MARGIE Q PARK = DON ❑ SHADY Yp q y /E/ THIR i - D ¢ 0 COLLINS w OLLI MONS kFRCFy 0 qCD y m Ory m KAYA N WW Y SECOND a p D U DER 3 UN ER m a p H MBERS DEN OO N �_ m w MITH PO Y 20 m wSMIT SMITH U 't 9J y J MI NII I�PAL AIRPORT < Z Z S KARIN Y m HIGH AND w Y L DAUGH RTY ❑ __ m m AIRPORT w PAR Y U M SHADY OAKS Z Z WALT w MICHIAL w Q 4165 MARY Z PARKER WHI POORWI L ¢ 0 4174 m l m O 4193 TOM COLE SPARTA a m TREMONT LIN SEY O SANTA FE 3 WILDE NES GAYL C G YL 4173 O Z DEER p m F¢ Z Z a UOC w ES TRIDG OAKWOOD AKWOOD W W HOPKIN Y W TREATMENT PLANT I? ❑ \ d W J K ❑ W W W w 4187 0 o WILL WWOOD S 13S f35 0a 4175 ROCK SPENCER LOCKHEED ILC x w / P\ID E D METRO x a uJi ME r? 36W O z lQ o } J ZO j LAUREL N w v 00 ❑w ❑ N 35 3S 135ES lqS Fl Q O PGX<J�O 0 g y x R S SHELBY ti= o ❑ W z p o- / 0,91 9Sy/ o O m w U Z m ERV ��`� , FOSTER 2069 N w 4178 Owga w a P�� C) m m ❑ y0 z IN I W Z D SPRING SIDE S A F,5 LONDOND p w L o m AMYX SOLAR PEEBLES Denia r J O ¢ 0�G0 00 0 PDPU Z G\ RS IN Z 0 l y.NO� GES C'>, /3 - Y r GOppSON 2� PERTH Recreation ASS E MASSEY Y 00 \OOE\ E RES 0 } m m QUAIL CO S CORBIN ¢ LOCH Center TSON N o o CREEK O S!y/Sy O O GOpP NESS DANIEL Ah,YX e% 41/77 N o 417•.6 N " > QUAIL F� ° gMpDQ OWNS pSELAWV 7G m K O A CREEK = BISON qS w x OTy RO ¢ y22 /OF v F O G1 O BLOOM O� B IS Z w ICH W 5 Q v C COR LEA CANA J 0 r T INEP 0 LL H NE r�^ 0 NATCHEZ qD0 C7 Z p 4 92 0 < = COC BLUE JAY z ❑ p O X w SION L HURST Z == W m OT MPG 0 qD LING z Z y a e w d ❑ Z J0 O �1' w R E W a i? a X SKYLARK W O GATEWOOD HEN A D AH O Q J Q' PAR 2 O GREATBEAR SANDPIPER 3' i O EDWARDS O P� \> n COUNTRY CHAPEL oEtic KF v ZP N W w w LYNDA �O MNCE ON GE E S VALENCIA F Fa z HARFSIDE tr O m IPE z w H0E q 416 3 P 9 IVE R\J J m m LAS LOM S SHILOH �� HIDJDEN VIEW AB T ❑ ❑ IND m`N\N C Y /S a M RIN = G GOVE FM 2449 HOBSO - /N D ➢ IDD KE 2 w Y 4 64 N POR OLA y m VALLEY IRPgRKV LEY BROWN O F- m p DAISYSMOKETRE �k- 1�5 >. w A z -LOON LAKE g P D_ = EASON x 9A H GHVIEW A w U a 0 S R •T� ROIO O v E C N ;p 0 4AIRPORT m � W N g Sp m U PIONEER y0 Z YG z m 6� NTA A v o 5 q( q CF 2 H EN FLINE o ----- KS } "f, \NE b m , IFN p lF. RIESL N ATT U NT HO SE tr NT1ER m p -- --- FF g O ¢ OOD P RI z ? P y Q- 41" o a KS N w FR Z / Cq EGENCY aEEN G1 g m Sp G TG I'll m � r XO P� P C7 m z \.\\QUITA w U 2 G CLUBHOUS s¢ (p7 = z HOR BEAM 2j NOR m p O p N yQ v B IG T pOCKR W w rD I r SMOKEY m RIAR Y KENTUCKY � G KEEL 0 O PINTO Z 0 W r 0 < .� m ¢ UCKTH RNP p�RACE RE K a DERBY rr EL m z O r vZ h Z LAGO Z R O m P O INI ¢ v y SUNSET ¢ W VIN A SON M m 0 yF w ¢ CIELI O = 0 a Z F Z ARABIAN M rn a ❑ W m m 0P J AMBERGATE �W = O INTER REEK E BIW AND HILLS w m mD g Um O ¢ HEREFORD d Z AI w 0 Ow m D r 2 Z Q STO EHOLLOW� ¢ 5 O m TAMARAC NBEND z WO O SPI NAKER 2 H CLOW RIDGE HOUS ❑ LOV LAID ❑ - p O EL PA EO 4180 pNSP p TO 4162 0 w m �, CHAPARRAL 3 J LYON ? 2074 B ECHWOOD 0 p z WESLAYAN F W S LID SUN Y O 4-' CRESS Fire KILLDEER �SPRI GCREEK z A TIAN r m m HILCROFT m 9W S GOLDEN a ❑ W �7 MPLI HTER AN HOR � ¢ ❑ ISLAND W 11ii q pQ- ANTI GO ~ ❑ m Z > O� rn qTF / MEADOW O W Y > a o 4� MAS p Station 1t / S\ VISA IA w O z BISSONET Y w i�c W 3S g w ¢ tr W � � 6TH S w O O E HADOW w_ -t O N 1 m F z L:A-Nelson J N Wf RTR ' 3 z HARRISON U r SANDERS OAKS J ,9 W OR T❑ RO O HADy 0 O m ❑ Q 2 w ¢ O NT O p Z O AT RWOOD x h `tom j Z 1 O > W Z Z RE NN F0 Elemetary x K Q w g � O SEVILLE w Y I I f Q ST ES Q w � � ❑ SHA 3 A v NADA O W 0 O\� r M MC RIAL MERR 0P 0 0 HP 5 O 0 m m H ES gHADy m CROSS RES m OAKS N GR 0/7p �9 �MARIN F Q �P� 6 N m g = J m 4185 FORTY o EO i Y MACBEY 0 Y 0 r^ A n w O a O 0+ Q yA y p0 O NDU m OAK p W w W4 79 A BOR D p ¢ STA OR o 5 X00 m `� 0 r o ❑ 0 S BORN > w m z < BIP m r D ¢ DALTON Z Z m S AHAN Y <n w W P w z, g m o p C� m ❑ d Z¢ x O K g J p m 9NBUA Z g 0 ¢¢ g K a RED O = SUNR E ¢ m ❑ m w J m } EONIS O a m� > ❑ ❑ f '( ❑ m w > 0 p Z OX z Q g NOB HIL ¢ ILD 100 3 -' O ARYM U T a ST JOH ,r�m P 00r O.QF F� z m N v Y Y O O q G Cq" m RITZ G a PWG 0 ��,\S TC a O E ❑ HOLLISTER Y ¢ MIRANDA ASPEN v BELLE z Z G ADEN CRE K m RED NDO 5 RI GE R WOOD 2073 a RONCO CEDAR w Y x M R` O MA HEW AVI ION a w w \- z m Om p NpISH O O K 1ST IVY A \e�P m J VINTA W ER S > O PARgpf ❑ 0 'weOLD BLACK ERRY FALLBRO tr w LT GREEN �. W ❑ �� 4 RIDG WIN N z K m MUSTANG 0j w p W _ \ N � ❑ N NOL A = p p w n Fl, W W Y p MISTY WALTON U T PALO INO KER WI THROP HILL OAK LUF CH K STONE EL ND ❑ �� J \ U Q T > VILLA Z RY T O a A ai A RSG a g R �, 5 < o Y ❑ a�pARK Da q 0 a F a S - x F EL R OP \�5 v /,Q RED �P E A E DG P z o 9 Y m w _ TH EM RALD PARK N CORINTH 0 = ERRA FO� 4X E ACI = G Er P > 0 CORIN VERG EEN 0 r h �5 U m BELMOI T PARK P 0 y D HALE o 3 EL LLS z C r ► __� - - 4184 ���>O G N4,,RWICk p d U PRESCOTT OWNS NES M m NN m G U�N N Z Y GNPP a FP m OMA CH 4186 SKIVUE 0 o r x K r LMETTO p HILLSIDE ACCRED HAMILTON m w CRESCENT < LL' m w PADD CK m m a A y O Wl CRE a Y W > Z 2 FAIRMOUN PARK OVING TUSC ¢ � co O m m ❑ K DE T 9 O U x 0 p H OAK < OAKWOOD m m EMINGWAY .^P' 0 yo G FAIRWA S\ 0 t✓ T m ¢ z O W0 w RED Z ¢ WICKWOOD a ¢ PALO VERDE `V 'F m m VISTA �1X AINSL m Q HAVEN 0 O U m m r JO OTR OUSE OAKWOOD BLAIR w z 2072 VE 9 tr ERDE CORDERO O v A F - V = W x yy Z M1GNE ¢ F m VIST VERDE GLENDORA U w p W ND OG GIIJNAMON DD G r 2 S Z 0 K DA LIG TSN B ENA VISTA ¢ m 0 ALT\ m Y VIEW Z C� 'AG y O rn U z HIC ORY Z ¢ ¢ MARSH .p F ❑ Gy C 0 O -� O O IC ORY m F w C9 G w HICKORY CR EK G� ❑ Z O L ON F N BRUS CREEK° C VE m a Z W U EL INGTON W W O FR(y 315-9 DOVE A Z a U H MORNING TA HIL m VICTORIA PNS a OB > z Q y0 �� Gp0 BANDED GRED SILEN - Z W 2 Y ? w Bq LYGPS GLORY > ? rG U BS x OBBS f �O 'P�0 gyp, DC IRON JOHNSON w \E STAR p a Q w 0 OCEAN a Z CALADIUM W y C MBRO D O WINDHAV Y W ¢ W r !m 9,y P Sly / v m p K m d M a m S NFLOWER } > U LG vE Z ❑ - P� 0 Q Y 3 z Y f ti tr LIGH OUSE M w ~ ❑ ZN COW AW W W W cwii -i RTHL J J LAKE SHARON ~ TP RSH\R m A w O Z �N R O Al y o SW o a ACORN 0 A F m Z TORI AK 6E BIN (¢ m ~ PO \E q y HERT SWEETWATER P R > N A F- C)m 0� G�ESAJ SgygS lgWO '\9509 ��G RiVL TONE m z WEL H WAY CL U = Z ~ ¢ N HRISTIA w z OMPRESS �IM R-1 OAK Y RCREST x w b y a W 4161 E SPRI S Z E y U DER O P F F W ACE Z K Y 3 w Y > ¢ PEpPERIDG 9 i. O o JpL P Tq �G ? Fti p BRA OS > w O m v ~ S\0PL p w a x \AK HU SON ,p 4i \XP RAVE WOOD a 2' Y p v m CHI PEWA T� BIRCH S IDY H tr U X a y U 2 gN a O r O t� OLD ALTO BLACKEYE �. 0 N a ❑ BROOKVIE AK r (7M7 0 Q A GP SORI NO tr O N 2 ALCON w { \, N / w 0 L W CROCK' C'F 1' W 00 > w 4183 < E SUSAN _ \' NE CU R T li,�, L1 Y YTNJ P 5 U j F p, .�P FAIRWAY ❑ g L /U E AR V4 w_ s o M y Robson Ranch Club P W TP O O BUTT RCU ELM a r O ORE > a SILKTRE rt0t � O� 0 F 50� COUNTRYSIDE _ /NF � J -\ G ACRES - 4193 STOCKTON yql 0 F�5 PO aER SpN U ROS W a A LEM a EK F S U O P R DW z O 0 0 E z w m F F i 04� G O Q� 4 = C w> w W R L 9 S S ADO K QUAILCREEK z LEATHERWOO O BLA 0 >MO 5 'Lip STILLHOUSE HOLLOW HILLTOP w m HIST O E S N O BRI �p 9A EAKIN DAKOTA w Y �`� p5F 0,,� ��� U AG P PPCEW 1 O M E ~ D G E NMEADOW 00�i" h',9 IPJ ¢ Y Y 0 o z w MEADQ LEN S/0�c �� w g O m 2T \0J 5 0WT ROARING ? = Z z ¢ /yj yQ��'P m c7 2 N EP y Z P R AIDEN � OG wN pP�'S ILAENICEZ M N M SPRING P aS S� SE ❑ U K z SOU �� 0v 0 D U m � w 3 sF OJ�� OAks TR FF Q R00/I- m IN CEMETERY LINNIE BELL E m yya� MN 00 OOD t Q 2� B H 2 a w a z > M OA D 2 � �� h� D ❑ J J 9 00 \NOW O' ¢a J OF( p 20 71 O > m P W a C CLIFF OAKS cal E NA Y O z SANDPIPE � O O Q- �� -' gTON W 0 OOD J ¢ ARKPLA 0Gy Fc GE C� ti 0 ¢ RE f q m ATHE S a O o O LIBERTY o Q ✓ ZJ 0 O Q� = LiA BLAC WOOD �2 GE\E rUR w ME 0 F4 NR/D SUNFI KNOLL O m O ?O A O e9� �,� \ G OMz o pREFK _ GREE/( /� LAKES Z IWj Z a T 0U?� �� r GRITSTO E Z 9 9'P �O ¢ F ❑ PINCHER 3160 O y JAME m SOF SOUTHERLAND N F G9 000 0p ! BF OHO o ¢ 00 BRI GESTpNF C�•rP� G1 PA TA � � 0 a MAVERIC SA T O ? m m A FM 2181 W HOWARD SHORE 5 2 0 F MEAD W X00 QP P /��( v _° 3158 a A 4195 ROOK D Ox OAK EDAR CREEK 41 lJ 2 v0� w 0 m P ACE 0 z CR SSIN o 0 O �Wj a Z CLANCY v \h �� H �. 0 y EG Ug = m ~ RIDGE O m MANCHE TER rn 0 '� ❑ x F m m U 4195 p .OB � P Pg P � J "' -{ � V U 0'> a w MATTIE v �P w d� 00 m g R 4198 0v = DGE a m VISTA NPN OVERLY Z W M O tr ❑ Y NIC 4196 p 4197 �ER RCHBURY O SUSSEX EK O z z OINT w ❑ m w VIEW TRA E r E E D DERBY a ¢ x w PRq lE EW VALLEY N OZ TR OEC N ,o g tr vWi 0 FN GR 0 _ m >i N of O r 0 a g z STRADER m Vl rn \O W= m 2 \. W r- 0 a - O Cj a Q O m o O P E G m O Z r O p a m WILD 00 U a GRANITE o OLD ACTON F N'Q N� \NN S� D `Y '�' z m w EAGLEKAREN 4�1 g.g 4200 p UFF �F0 m ¢ a ¢ o O OS L g m O g NThe City of Denton has prepared maps for Legend 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 DICTA Route District 2 Lakes reference purposes. These maps are the property of WE the City of Denton and have been made available to CITY r 1 Voter Precincts District 3 the public based on the Public Information Act. The CITY OF City of Denton makes every effort to produce and OF District 1 District 4 D publish the most current and accurate information N ON S possible. No warranties, expressed or implied, are t 01 Oc ti 2022 provided for the data herein, its use, or its :7 Technology Services - GIS interpretation. Utilization of this map indicates understanding and acceptance of this statement. 21 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON Legislation Text File #: ID 22-141, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding an update to the City of Denton's COVID -19 response. [Council Priority; Estimated Presentation/Discussion Time: 30 minutes] City of Denton Page 1 of 1 Printed on 1/21/2022 powered by LegistarTM 22 1%,1001110, DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: City Manager's Office CM/ DCM/ ACM: Tiffany Thomson, Interim Assistant City Manager DATE: Jan. 25, 2021 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com SUBJECT Receive a report, hold a discussion, and give staff direction regarding an update to the City of Denton's COVID-19 response. BACKGROUND A number of COVID Update work sessions have been held since 2020 to provide a COVID situational update and address relevant topics. Prior reports and presentations were also delivered to City Council on March 17, March 20, March 31, April 6, April 21, April 30, May 5, May 12, May 19, May 29, June 9, June 16, June 23, June 30, July 21, August 4, August 18, August 25, Sept. 15, Oct. 13, and Dec. 1, 2020, and Jan. 26, March 2, March 16, May 11, May 18, Aug. 10, Aug. 12, Aug. 24, Sept. 14, Sept. 21, Oct. 12, Oct. 19, Oct. 26, Nov. 2, Nov. 9, Nov. 16, Dec. 7, Dec. 14, 2021, and Jan 4, 2022. The first part of this presentation will provide a situational update on the COVID-19 pandemic and share data and information available from Denton County Public Health. The second part of the presentation will provide a brief summary of the implementation of the Eighteenth Order of Council and request direction regarding a subsequent order of Council which would extend the provisions of the Eighteenth Order. PRIOR ACTION/REVIEW (Council, Boards, Commissions) A number of COVID Update work sessions have been held since 2020 to provide a COVID situational update and address relevant topics. EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation (to be provided prior to the meeting) Respectfully submitted: Ryan Adams Interim Chief of Staff 23 COVID-19 Update Nineteenth Order of Council Jan. 25, 2022 I ITY OF 60� DENTON 24 Background • Staff provided updates on the City's response to COVID-19 during 40 prior Council meetings, with the most recent being held on Tuesday, Jan. 4, 2022 • At the Jan. 4 Council meeting: o Staff presented a brief COVID update: • Statistics and transmission status of COVID-19 • Provided an update on the Eighteenth Order of Council • Agenda for Today: o Brief COVID-19 Update o Consider draft Nineteenth Order of Council IOC17Y F DENTON 25 COVID-19 Situational Update • Statistics: o Transmission and hospitalizations high; began in early December and peaking in mid-January o Omicron is the primary variant; higher transmissibility, but lower death rate than Delta o DCPH does not believe we have reached peak yet o Testing 0 4x per week testing available through the County, numerous private providers o Free tests available for every household at www.covidtests.Qov Vaccines Update: o FDA approved and recommend boosters for time eligible persons 16 and up; 12 and up for Pfizer, Moderna o Pfizer vaccines approved for ages 5-11; boosters for immunocompromised Cases by Date of Symptom Onset �vla1• JJI = -•c 26 Total Inpatient Occupancy Daily Hospital Capacity Adult ICU Occupancy 83.8% Occupied 90.8% Occupied Occupied Beds Available Beds Occupied ICU Beds Available ICU Beds 610 118 89 COVID-19 Related Deaths by Expiration and Date Reported 40 30 ❑ 20 ,0 Week Week Week Week 04/05 Week 06/14 Week 08123 03101 04/11 05110 06120 07119 08129 03107 05f 1 b 0 7f 25 "18 Select Year ®2020 2021 2022 Ventilator Usage 1 t29.4% in Use Occupied Ventilators Available Ventilators 110 26 Ji, 27 Week Week Week Week 0,'ee< Week Week 11/01 01110 03/21 05/30 08!08 10117 12126 Week Week Week Week Week Week Week 09127 11107 12}06 01116 02114 03127 04125 06105 07104 08114 09112 10123 11121 01191 10/03 12}12 02120 05101 07110 09118 11127 27 Denton Active Cases Total Cases Total Recovered TotaC Deaths 1/24/20226,336 23, 17,327 195 Case by Date of Symptom onset ;.:# • �iCRY'w. �MywiC 4n Abe 6R t ..n Transmission Level and Mask Guidelines (CDC) • CDC recommends indoor masking in areas of "high" or ""substantial" transmission • "Moderate" Transmission: • Less than 50 new cases per 100K in past 7 days • Less than 8% positivity rate in past 7 days ICO7Y F DENTON 29 . Eighteenth Order — Implementation Update • The declaration of local disaster was extended on Dec. 14, 2021. • Originally issued in March 2020, now effective through March 31 • Serves as a prerequisite for Eighteenth Order of Council and any future orders • The Eighteenth Order of Council was adopted on Dec. 14, 2021, and extended mask requirements through Jan. 31, 2022 o Applies to City buildings, K-12 schools, daycares, and certain commercial buildings o Providing N95 masks at City Facilities o Mixed response from the public (due, in part, to conflicts with state, county positions) IOC17Y F DENTON 30 Draft Nineteenth Order of Council • The Eighteenth Order of Council is currently set to expire ]an. 31, 2022 • Consideration as an IC Item later in the meeting: 1. Adopt the ordinance as presented: a. Adopts a Nineteenth Order of Council (effective through March. 31, 2022) 2. Modify the provisions or dates of the order of Council 3. Take no action, thus allowing the current order to expire at the end of January ICO7Y F DENTON 31 Questions? ICO7Y F DENTON 32 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON Legislation Text File #: ID 21-2436, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the Denton 2040 Comprehensive Plan Update. * [Council Priority; Estimated Presentation/Discussion Time: 1 hour 30 minutes] City of Denton Page 1 of 1 Printed on 1/21/2022 powered by LegistarTM 33 41.1100�1 DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services IDCM: David Gaines DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Receive a report, hold a discussion, and give staff direction regarding the Denton 2040 Comprehensive Plan Update. BACKGROUND At the meeting staff and the City's consultant (Matrix) will present to the City Council an overview of where we are in the update process, accomplishments from the current Comprehensive Plan, a review of the update approach, what is in the update (key recommendations), and next steps. Planning and Zoning Commission On January 12, 2022, staff and Matrix presented to the Planning and Zoning Commission an overview of the draft Denton 2040 Comprehensive Plan Update. During the presentation, the Commission provided the following comments and asked the following questions: 1. Implementation — in the Action Plan there are several actions carried forward from the 1999 Comprehensive Plan that have not yet been implemented. How do we ensure that these actions get implemented? [Response: At the February 9, 2022 Planning and Zoning Commission work session staff will have a more detail discussion on priorities and future actions after the adoption of the Plan, including addressing why certain recommended action items from past comprehensive plans may still be valid.] 2. Housing — there is a policy to encourage residential developments designed with a mixed of housing types and costs. Can we establish metrics to monitor how we are doing in providing a housing mix in the city? [Response: As part of the 2019 Denton Development Code, more housing types were added to the list of residential uses (i.e., triplex, fourplex, tiny home development, etc.), as well added more flexibility for the development of accessory dwelling units (ADUs) and townhomes. To keep track of the amount of housing by types that are being constructed, staff can use building permit data to provide a history and establish a base.] 3. Public Draft —with the public draft available on the project dedicated website, how are we directing people to the website to view the draft comprehensive plan. [Response: Staff is doing everything we can to get the word out - through the city website and through social media. We hope through the upcoming Planning and Zoning Commission and City Council meetings more people learn about the public draft.] 4. Economic Development Partnership Board — the Board is mentioned several times as a responsible party in the Action Plan. What is the role and responsibilities of the Board? Are they aware of key 34 actions in the Comprehensive Plan? [Response: The Board is a 15 -member advisory board, that provides economic development policy guidance and makes recommendations to City Council and Chamber of Commerce. Membership consists of the following: • Two members of the Denton City Council (serving at time of appointment); • Two members of the Denton Chamber of Commerce (serving at time of appointment); • Two members associated with a top twenty City of Denton ad valorem or sales tax payer; • President of UNT or a designated UNT faculty or staff member; • President of TWU or a designated TWU facility or staff member; • One member with knowledge/experience in general aviation -related matters and no financial interest in matters at the Airport; • One member with specific knowledge skills and abilities to assist in all or any one of the functions and responsibilities of the EDP Board; • One member nominated by the Denton Black Chamber of Commerce; and • One member nominated by the Hispanic Chamber of Commerce. Ex Officio Members (non-voting members) include the City Manager, or his designee; Denton Chamber President; and Superintendent of Denton Independent School District. The Board was established in 1987 and the 15 -member advisory board also serves as the West TIRZ Board. Lastly, the Board has a subcommittee, the Downtown Economic Development Committee that considers items related to the Downtown. Before the subcommittee was established, it was previously called the Downtown Task Board. Staff liaisons to the Board were involved in the drafting and review of the Denton 2040 Comprehensive Plan for consistency with the City's economic development goals and desired areas for certain land use development. The staff liaisons will continue to be involved in the implementation of the Plan, including making recommendations to the board where necessary consistent with Plan recommendations.] At the January 25, 2022 work session, per City Council's request, staff will present a high-level overview of what has changed, specifically to key components of the Comprehensive Plan. Community Vision Statement The Community Vision Statement is a very important component of the Comprehensive Plan. It sets the tone for the Plan and it establishes the framework in which the other components of the Plan must follow. There were no substantive changes to the Vision Statement. Attached for your review are Exhibit 3 - Denton Plan 2030 Community Vision Statement and Exhibit 4 — Draft Denton 2040 Comprehensive Plan Community Vision Statement. Wording highlighted in Exhibit 4 illustrates where changes were made. Staff will ask for confirmation that the vision statement proposed in the Denton 2040 Comprehensive Plan continues to reflect the city's vision and aspirations for the next 15-20 years. Goals and Policies Many of the goals and policies from the current Comprehensive Plan are being carried forward to the Draft Denton 2040 Comprehensive Plan. They are being carried forward because they remain relevant and are important to the implementation of the Community Vision Statement. There were minor revisions to the goals and policies. The revisions reflect recent accomplishments and make the remaining goals and policies more implementable. Attached for your review is Exhibit 5 — Draft Denton 2040 Comprehensive Plan Goals and Policies — it is a redline strike through version to illustrate where changes were made. Staff will ask for confirmation that the draft goals and policies are consistent with the Community Vision Statement. 35 Preferred Growth Concept Map Included in the Comprehensive Plan are key figures and maps that further illustrate the goals, policies, and actions specified within the Plan. Of significance to the city is the Preferred Growth Concept Map, which presents a conceptual vision of the form, character, and general preferred locations for development within the city. The Map illustrates the optimal pattern of growth, based on fiscal, economic, environmental, and quality of life factors. There were no changes to the Map. Attached for your review is Exhibit 6 — Draft Denton 2040 Preferred Growth Concept Map. Staff will present the draft Preferred Growth Concept Map and ask for confirmation that the map is consistent with the Community Vision Statement and with the goals and policies of the draft Denton 2040 Comprehensive Plan. Future Land Use Map The Future Land Use Map (FLUM) is an important component of the comprehensive plan since it depicts where broad categories of land use designations should occur. The FLUM depicts the intended long-term pattern of residential, commercial, employment, and other supporting land uses. The FLUM establishes the basis for adjustments to zoning district changes and other development applications, to achieve a desired pattern and quality of development. Lastly, the FLUM guides coordinated transportation and utility planning in order to ensure that infrastructure capacities are consistent with the demands from anticipated levels and intensities of development. It is important to realize that the FLUM is not a zoning atlas, nor does it represent a parcel by parcel evaluation of land within the city; instead the FLUM represents a higher- level analysis of land within the city and nearby ETJ. There were several changes to the Map. Attached for your review is Exhibit 7 — Draft Denton 2040 Future Land Use Map. One of the proposed changes is designating the area generally west of I-35 and north of University Drive as "Light Industrial" - a new Future Land Use Designation. The reason is to be consistent with the development activity of Low Impact Manufacturing and Warehouse and Wholesale Facility uses in the subject area. Another major change is designating the City's Master Planned Communities (MPCs) as "Master Planned Community" - a new Future Land Use Designation. This includes the Cole Ranch, Hunter Ranch, and Hills of Denton MPCs. The reason is to avoid having to update the FLUM each time there is significant changes to Development Plans approved for a MPC. The Development Plan for a MPC should be used to guide or influence how the surrounding area should be developed. Additionally, north of Loop 288 and east of Locust Street, the Low Residential Land Use Designation area was expanded to provide areas for low density single-family residential development. Similarly, the Low Residential Land Use Designation area was expanded east of the city (which includes the Lakeview Ranch area). Refer to Exhibit I I — Presentation where the slides illustrate these aforementioned recommended changes and more. Staff will present the Draft FLUM and ask for confirmation that the map is consistent with the Community Vision Statement, and with the goals and policies of the draft Denton 2040 Comprehensive Plan. (continued on next page) 36 Future Land Use Designations tions The Future Land Use Designations are illustrated and work in tandem with the FLUM. Each Future Land Use Designation has its own characteristics and guiding policies. In the draft Denton 2040 Comprehensive Plan there are a total of 15 designations, see below. 1. Agriculture (new) 2. Rural Areas (minor changes) 3. Low Residential (minor changes) 4. Moderate Residential (minor changes) 5. Master Planned Community (new) 6. Downtown Denton (minor changes) 7. Regional Mixed-use (minor changes) 8. Community Mixed-use (minor changes) 9. Neighborhood Mixed-use (minor changes) 10. Neighborhood / University Compatibility Area (no changes) 11. Business Innovation (completely changed) 12. Light Industrial (new) 13. Industrial Commerce (minor changes) 14. Government / Institutional (minor changes) 15. Parks / Open Space (minor changes) Three new Future Land Use Designations are proposed (Agriculture, Master Planned Community, and Light Industrial), and two Future Land Use Designations were deleted (Downtown Compatibility Area and Commercial). The remaining Future Land Use Designations had no changes, minor changes, or were completely changed to provide more clarity on its purpose and characteristics. Attached for your review is Exhibit 8 — Draft Denton 2040 Future Land Use Designations — it is a redline strike through version to illustrate where changes were made. Staff will present the draft Future Land Use Designations and ask for confirmation that the designations and their descriptions are consistent with the Community Vision Statement, and with the goals and policies of the draft Denton 2040 Comprehensive Plan. Focus Concept Area Map It is appropriate for a comprehensive plan to identify certain areas that should be given further scrutiny or analysis in determining the most appropriate land use and investment strategy moving forward, thus recommending the preparation of Area Plans. Those areas are typically identified in the comprehensive plan in the form of a Focus Concept Area Map (or catalyst area map), illustrating those specific areas in need for further analysis. In the current Comprehensive Plan, there is an array of new mixed-use Future Land Use Designations encouraging development and redevelopment at the centers and corridors targeted for growth. Key centers and corridors were established on the Focus Concept Area Map. Other focus areas identified included gateways, branding stations, and travel centers, which are unique and require specific attention. There were no changes to the Map. Attached for your review is Exhibit 9 — Draft Denton 2040 Focus Concept Area Map. Staff will present the draft Focus Concept Area Map and ask for confirmation that the map is consistent with the Community Vision Statement, and with the goals and policies of the draft Denton 2040 Comprehensive Plan. Next Steps Following the January 25, 2022 City Council work session, additional work sessions with the Planning and Zoning Commission and City Council have been scheduled, see schedule below: Publish Draft Denton 2040 Comprehensive Plan P&Z Work Session City Council Work Session P&Z Work Session January 8, 2022 [complete] January 12, 2022 [complete] January 25, 2022 (Tuesday) January 26, 2022 (Wednesday) 37 Publish Public Hearing Legal Notice City Council Work Session P&Z Work Session February 6, 2022 (Sunday) February 8, 2022 (Tuesday) (4 hours) 10 to 2 pm with lunch February 9, 2022 (Wednesday) (4 hours) 10 to 2 pm with lunch City Council/P&Z Joint Work Session (if necessary) February 14, 2022 (Monday) If all outstanding comments are addressed, the joint (4 hours) 10 to 2 pm with lunch meeting will be canceled. P&Z Public Hearing City Council Public Hearing February 23, 2022 (Wednesday) March 1, 2022 (Tuesday) At the City Council work session on February 8, 2022 and at the Planning and Zoning Commission work session on February 9, 2022, staff will present a proposed strategy to implementing priorities/future actions and ask for confirmation that these key actions are consistent with the Community Vision Statement, as well as with the goals and policies of the draft Denton 2040 Comprehensive Plan. See proposed priorities/future actions below. Priorities/Future Actions In the short term (0 to 3 years) — the following actions should be considered as priorities after Plan adoption: • Adopt the Mobility Plan Update • Adopt the Parks, Recreation and Trails Master Plan Update • Implement the policies of the Parks, Recreation and Trails Master Plan • Initiate the creation of Area Plans • Manage Growth o Vacant Infill o Redevelopment/Adaptive Reuse o Balanced Growth o Connected Development o Diverse Housing Options o Aligning CIP PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) • January 5, 2021, City Council approved an ordinance, authorizing the City Manager to execute a contract with Matrix Design Group, Inc., to provide professional services for the update to the Comprehensive Plan • May 18, 2021, City Council Work Session • August 3,2021, City Council Work Session • August 4, 2021, Planning and Zoning Commission Work Session • December 14, 2021, City Council Work Session • January 12, 2022, Planning and Zoning Commission Work Session EXHIBITS 1. Agenda Information Sheet 2. Draft Denton 2040 Comprehensive Plan 3. Denton Plan 2030 Community Vision Statement 38 4. Draft Denton 2040 Comprehensive Plan Community Vision Statement 5. Draft Denton 2040 Comprehensive Plan Goals and Policies 6. Draft Denton 2040 Preferred Growth Concept Map 7. Draft Denton 2040 Future Land Use Map 8. Draft Denton 2040 Future Land Use Designations 9. Draft Denton 2040 Focus Concept Area Map 10. January 12, 2022 Planning and Zoning Commission Meeting Minutes 11. Presentation Respectfully submitted: Tina Firgens, AICP Deputy Director of Development Services/ Planning Director Prepared by: Ron Menguita, AICP Principal Planner 39 mlm ake �ki I ldlm ro 41 Au0 u ofio 1 Plan Framework Purpose of the Comprehensive Plan Setting a Course for the Future The Comprehensive Plan sets a course to manage growth, promote reinvestment, and improve quality of life for the next two decades, inspired and motivated by the citizen values and aspirations expressed in the Community Vision Statement. While many of the policies contained herein originated in the 1999 Denton Plan and Denton Plan 2030, Denton 2040 Comprehensive Plan update affirms and updates an optimal pattern of growth identified in a Preferred Growth Concept, based on fiscal, economic, environmental, and quality of life factors. Denton 2040 Comprehensive Plan also addresses new challenges and opportunities, including shifting demographics, changing lifestyle and housing preferences, the interface with two major universities, the influence of gas wells and the opportunity to encourage long-term sustainability by promoting compact, purposeful growth in centers and along corridors. Since the last Comprehensive Plan adoption, Denton, as well as the entire DFW Metroplex, has continued to experience tremendous growth. Additionally, themes such as sustainability, climate awareness, and Smart Growth have remained as important considerations affecting economic resilience and community health, along with a better understanding of their connection with land use. Denton and the DFW Metroplex will continue to lead the nation in growth in the coming decades, thus underscoring the need to put in place a framework that will ensure that the inevitable growth and change that will occur will strengthen the economy, enhance quality of life and livability, and positively affect the lives of the next generation to make Denton home. The Comprehensive Plan identifies a detailed Vision of what Denton should become by 2040 and proposes policies and actions that can be carried out in a rigorous implementation program to make the Vision a reality. Denton Plan 2040 1-1 42 A U 0 UA6 The Comprehensive Plan provides a guide for Denton to retain its character, define its identity, improve the quality of life, and enhance the economy. In addition to addressing the opportunities and challenges of the future, the Comprehensive Plan addresses present issues identified by stakeholders and the community. The community would like to retain its best and brightest youth, attract rewarding employment, and embrace growing diversity, all while balancing new development with reinvestment in its urban core and established neighborhoods. The Denton community has not always agreed on priorities, nor has it been unified by a shared Vision or a common sense of direction. The Comprehensive Plan provides a Vision created by the community that will allow Denton to face the future with confidence and optimism. Denton's future will be profoundly influenced by the degree to which this plan is successful. To more fully appreciate the significance of the challenge, it is appropriate to begin by considering the intent of the Comprehensive Plan, the steps that led to its development, and how it will be used to achieve Denton's shared Vision for the future. Denton: Past and Present The City of Denton is located approximately 40 miles northwest of Dallas, 38 miles northeast of Fort Worth, and 165 miles south of Oklahoma City. It lies on the northern edge of the DFW Metroplex, and is considered the pinnacle of the "Golden Triangle of North Texas" (Dallas and Fort Worth form the other two points). Denton's location on Interstate 35 and within the DFW Metroplex accounts for much of its prosperity, and it has benefited from regional growth extending outward from Dallas and Fort Worth over the past decades. A Brief History of Denton Denton was founded in 1857 as the county seat of Denton County, which was established in 1846 when Texas became the twenty-eighth state. Denton's location was chosen due to its centrality and its access to Hickory Creek and Murphy Spring. Both the county and the city were named for John B. Denton, a preacher and lawyer. Denton's development began centered on the area surrounding the Downtown Square, and at the time of its incorporation in 1866, totaled 100 acres of land with 361 residents. Growth initially came to Denton based on its role as an agricultural trade center, and later as a result of the arrival of the Texas and Pacific Railway in 1881. Denton was a primary north -south connection along the Texas and Pacific Railway, yet because it was not also an east -west connection for the Gulf, Colorado, and Santa Fe lines built in 1887, the city remained focused on light industry, such as mills and cottage industries, rather than attracting manufacturing and wholesale businesses like other industrializing cities in the area. The city continued to grow nonetheless, reaching a population of 2,558 by 1890. Denton continued to flourish throughout the late nineteenth and early twentieth centuries, reaching 11,192 residents by 1940. Residential development began west of Downtown, where wealthy merchants built estates in what are now the Oak -Hickory and West Oak Area Historic Districts. 1-2 Plan Framework 43 Plan Framework 1 Important commercial areas such as Fry Street emerged and institutions of higher education were established, first with North Texas Normal College (now the University of North Texas) founded in 1890, followed by the Girls' Industrial College (now Texas Woman's University) established in 1903. Growth during this era remained centered around Downtown, continuing the grid street system with buildings built to the street and a mix of uses. Denton kept this pattern through the next several decades, with growth extending north -south and east -west along corridors framing long, rectangular blocks. In 1945, the city encompassed 2,051 acres (3.2 square miles), the footprint of which is roughly equivalent to Denton's urban core. The 1960s marked the beginning of a substantial boom for Denton. The completion of Interstate 35 connected Denton to Dallas, Fort Worth, and other communities, helping to create a true regional economy, in which Denton captured its share of the region's growth. While Denton's agricultural sector remained steady, its manufacturing sector grew enormously, with heavy manufacturing companies like Victor Equipment Company and Peterbilt arriving in the 1970s. The arrival of these major employers brought about a substantial demand for housing for the city's expanding workforce. Adding to the boom was exponential enrollment growth at Denton's two universities, along with the opening of the Dallas -Fort Worth International Airport in 1974. Many airline employees and executives who traveled for major companies built homes in the southeastern portion of the city during this time. The opening of the Golden Triangle Shopping Mall in 1980 established Denton as a regional shopping destination, drawing shoppers from surrounding areas and strengthening the tax base. During this latter growth period, the streets and block pattern began to deviate from the historic grid form. Development east of the railroad in particular started to take on a more suburban form during the 1960s, with single -use developments, corridors oriented to the car, and larger lots and setbacks. The City's land area more than tripled between 1960 and 1970 (from 5,901 acres to 18,749 acres) and added another 3,000 acres by 1980, reaching a total of 21,991 acres. The City annexed large areas of land away from the Downtown core during this period, taking in newly - developed areas and those anticipated for future growth, precipitated by Interstate 35. This more suburban form of development has continued to the present day, and much of the land brought within the city's corporate boundary in the late twentieth century remains undeveloped today. The progression of Denton's footprint over time is illustrated in Figure 1.1: Historical Boundaries. In the late -twentieth century, Denton began experiencing both redevelopment and conservation of its older areas, especially those near the Downtown and the two universities. Fearing the loss of significant historic resources, preservation advocates from Denton's West Oak Street neighborhood helped establish the city's Historic Landmark Commission in 1980, leading to the designation of the Denton's three protected neighborhoods: the Oak -Hickory Historic District, the West Oak Area Historic District, and the Bell Avenue Historic Conservation District. Denton Plan 2040 1-3 44 AuA-k UA6 Denton Today Downtown continues to be the heart of Denton, functioning as the city's cultural, social, and historic center. Denton continues to take pride in its prominent institutions: the University of North Texas (UNT) and Texas Woman's University (TWU), North Central Texas College (NCTC), its large employers, its environmental resources, and its distinct character. Due to the variety of factors supporting its growth, the population of Denton has grown to 139,869, as of 2020, and is expected to increase by over 89,000 by 2040. (See Table 1.1: Historical Population Growth). The DFW Metroplex, of which Denton is a part, is the fourth largest and fastest growing population center in the United States with nearly 7.2 million people. Due to the many factors that will impact Denton in the future, substantial growth is inevitable. Impacts of this growth on the local economy, community character, and livability will be seen through and beyond the Plan horizon. It is the need to anticipate, prepare for, and guide this growth that makes the Comprehensive Plan so crucial. As a framework for sensible development, necessary infrastructure investments, and for purposeful re -investment in established areas of the community, the Comprehensive Plan helps maintain the Denton that is cherished today, while ensuring its livability, functionality, and economic competitiveness in the future. Table 1.1 Historical Population Growth, 1970-2011 1970 39,874 - 75,633 - 1980 48,063 20.5 143,126 89.2 1990 66,270 37.9 273,525 91.1 2000 80,537 21.5 432,976 58.3 2010 113,383 40.8 662,614 53.0 2020 139,869 23.4 906,422 36.8 Source: U.S Census Bureau. 1-4 Plan Framework 45 Plan Framework 1 Plan Development Process Denton Plan 2040 update Denton Plan 2040 update was initiated in early 2021, drafted and reviewed through the year and completed and presented in final draft for review and adoption in early 2022. Denton Plan 2040 was developed with significant community involvement. Denton Plan 2040 is a refinement of Denton Plan 2030 which ensures the plan remains relevant and useful as Denton continues to grow. The plan update was prepared during the COVID-19 pandemic which significantly altered the early phases of public engagement to use several forms of online virtual engagements. Nonetheless, online virtual public engagements were highly attended by more than 200 individuals and over one thousand public comments were received. Initial engagement was focused on confirming the community's vision for Denton and identifying issues and opportunities that could affect Denton's growth through 2040. An online virtual workshop took place near the middle of the public engagement process to "deep dive" into four topic areas and ask the community to assess the continued validity of the Comprehensive Plan goals and policies which support those topic areas. Following the workshop, an in-person open house was held to validate the information received in the community meetings and workshop and through online engagement. The open house was a joint -purpose community meeting to share the drafts of the Mobility Plan update and Parks, Recreation, and Trails Plan Master Plan update. Community meetings were held on the following dates: ■ Community Meeting #1 (virtual): March 25, 2021 ■ Community Meeting #1 (second meeting, virtual): April 14, 2021 ■ Community Meeting #2 (virtual workshop): May 25, 2021 ■ Community Meeting #3 (in-person open house): September 16, 2021 Technical Advisory Committee (TAC) The TAC met regularly through the initial process and was composed of more than twenty City staff who provided guidance and technical expertise as the update was prepared. In particular, the TAC analyzed the existing plan goals, policies and actions and provided direction as to whether the goals should be retained, revised, or removed. The TAC also reviewed drafts of the future land use plan and provided direction to refine the plan to support Denton's future growth and implement the Preferred Growth Concept. Denton Plan 2040 1-5 46 A U 0 UA6 Online Engagement A project website was used as a clearinghouse for meeting notices, fact sheets, and other project materials for the duration of the project. Residents were able to complete questionnaires to describe their vision for Denton and provide insight into what was important for the community to address through the year 2040. An interactive issues and opportunities map, IDPlaces, was also available for residents to provide location -specific comments which helped guide the development of the plan. The following are examples of some of the comments we heard through IDPlaces: Transportation Issue: "No way to pass loop 288 on foot or bike." ■ Opportunity: "DCTA's A -Train should really revisit having a TWU station as the terminus." Bike/Pedestrian/Trail ■ Issue: "Lack of sidewalk between McCormick St. and Ave. C." ■ Opportunity: A trail could connect Hinkle to Cordell, providing safer access for students" Housing ■ Issue: "RR zoning (1 house/5 acres) is a buffer to the agricultural land to the north & respects existing, adjacent, large estate neighborhoods. High density development does not." ■ Opportunity: "Could the City use the parcel on Gay Drive to build housing?" Land Use ■ Issue: "Preserve Rural Character of this area." ■ Opportunity: "Relax/eliminate minimum parking requirements so that excess, unused parking can be used for something that brings in tax revenue. Parks Issue: "I'm really missing the Greenbelt [Park], it was such a nice transformative greenway in Denton" ■ Opportunity: "Would be lovely to see a park somewhere on the south side of the square." Through the engagement process it became clear that the community's vision for Denton remains aligned with the comprehensive vision established in the previous update. Workshops and Hearings Through the project, the Planning and Zoning Commission and City Council were engaged to report on progress of the plan to date and to receive direction on future engagement and plan development. The Denton 2040 Comprehensive Plan update was adopted by ordinance by City Council following a public hearing, and a recommendation from the Planning and Zoning Commission. 1-6 Plan Framework 47 Plan Framework 1 Updated Growth Projections As part of the Denton 2040 Comprehensive Plan update, future population growth, housing demand, and land consumption were analyzed and updated. This updated data continues to support and integrates with the conclusions of extensive public engagement that took place in update process. Additionally, public comment, staff guidance, and stakeholder feedback gathered affirmed the community's desire to retain the preferred growth concept adopted as part of the previous update (Figure 1.6). The preferred growth and future land use map are coordinated to support compact, contiguous development and discourage community spread. No changes were made to the preferred growth concept therefore, the established community vision is maintained to 2040. Denton is forecasted to grow by an additional 89,323 residents by 2040 to 229,192. Denton continues to have a higher proportion of single -person households than Denton County and Texas as a whole. Denton also continues to have a significant young population due to the universities. According to the 2020 Census, the 18 -to 24 age cohort continues to comprise nearly one quarter of the city's population. This population profile suggests that housing choices which cater to young, single populations are still in demand and more non -single family housing options should be provided. Denton Plan 2040 1-7 48 A U 0 UA6 The following tables Illustrate the population growth and housing demand forecasted through 2040 and the forecasted land consumption which could be expected under the different growth scenarios. Table 1.2 Population and Housing Growth (2021 update) 2020 Population (1) 139,869 2020 Household Size (2) 2.41 2020 Total Housing Units (3) 58,085 2040 Population Projection (4) 229,192 2020 — 2040 Population Change (5) 89,323 2040 Housing Demand (6) 37,094 Total Projected 2040 Housing Units (7) 95,179 Source: (1) 2020 US Census, (2) 2020 Population/2020 Total Housing Units, (3) 2020 US Census - Total Housing Units, (4) 2021 City of Denton estimate, (5) 2040 Population Projection - 2020 Population, (6) 2020 - 2040 Population Change/Household Size, (7) 2040 Housing Demand + 2019 Housing Units. Table 1.3 Residential Demand by Type (2021 update) 1 Unit Detached (Residential 31,017 53.4% 15,204 2.04 0.49 19,808 12,137 Single -Family) 1 Unit Attached, 2-4 Units, Other (Residential 9,468 16.3% 1,667 5.68 0.18 6,046 1,331 Other) 5+ Units (Residential 17,600 30.3% 1,152 15.28 0.07 11,239 920 Multi -Family) Total 58,085 - 18,023 - - 37,094 14,387 Source: (1) 2020 Total Housing units - 2019 American Community Survey 1 Year Estimates, (2) 2019 American Community Survey 1 Year Estimates, (3) City of Denton GIS, (4) 2020 Units/Existing Dev. Residential Acres, (5) 2040 Population Projection 1-8 Plan Framework 49 Plan Framework 1 2020 Population, (6) 2020 — 2040 Population Change/Household Size, (7) Acres Per Unit x New Units + 25% of Land Area for Roads and Infrastructure. Table 1.4 Land Consumption (2021 update) Total Acreage (1) 85,696 Dev. Residential Area (Ac) (2) 18,023 2020 Total Housing Units (3) 58,085 Average Acres Per Unit (4) 0.31 New Projected DUs (5) 15,405 New Residential Area (Ac) (6) 5,975 New Non -Residential (Ac) (7) 4,123 Source: (1) Total Municipal Incorporated Acreage, (2) Existing Residential Acres, (3) 2020 US Census, (4) Average Acres Per Unit (Developed Residential Area/2020 Total Units), (5) Projected New Dwelling Units (2020-2040 Population Change/Household Size, (6) New Residential Area (Average Acres Per Unit x New Dwelling Units) + 25% of Land Area for Roads and Infrastructure, (7) New Non -Residential Acreage Estimated at 69 Percent of New Residential Area. Table 1.5 Residential Land Uses Demand Per Scenario (2021 update) Single -Family (Total) 2.04 0.49 19,808 53.4% 11,647 14,838 40.0% 8,725 7,419 20.0% 4,362 Other Residential, (1 unitattached, 5.68 0.18 6,046 16.3% 1,306 7,419 20.0% 1,602 7,419 20.0% 1,602 2-4 units) Multi-Family(5+ 15.28 0.07 11,239 30.3% 904 14,838 40.0% 1,246 14,838 40.0% 1,246 units) Multi -Family High 30.00 0.03 - 0.0 i° - - 0.0°i° - 7,419 20.0°i° 267 Density Total Units - 37,094 100.0% 37,094 100.0% 37,094 100.0% Total Acres 13,897 11,573 7,478 * Note: Assumptions identical for Centers and Corridors Alternative Growth Scenarios. Denton Plan 2040 1-9 50 A U 0 UA6 Development of the Community Vision Statement The Community Vision Statement is an expression of the community's collective values and aspirations and a description of what the community wants to become in the future, answering the question "What do we want Denton to be in 2040?" As the "final destination" for Denton 2040 Comprehensive Plan update, the Community Vision Statement was reviewed and affirmed in the planning process in order to provide the central framework for guiding the development of policies and strategies. The Community Vision Statement is organized around four Strategic Directions, and is based on clear areas of citizen consensus. In each of the elements of the Comprehensive Plan, the phrases of the Vision Statement that specifically impact the policies of that element are restated in the introduction. It is important to note that throughout the Comprehensive Plan, each of the goals and policies have its foundation in the Vision Statement, and by representation, the voice of the community. The Denton Community Vision Statement Building on the foundation of the 1999 Comprehensive Plan, Denton Plan 2030 update, our Vision of Denton in the year 2040 is one in which we are recognized as a vibrant community of choice. Denton is characterized by its two growing state universities, its friendly, small-town character coupled with its big -city dynamism, its commitment to sustainability, and its culture of innovation, creativity, and authenticity. Our exceptional livability, the diversity of choices available to our people in employment, lifestyle, and neighborhood settings; and our North Texas values and culture define what Denton is and what we have to offer. We have realized our vision by respecting and building on our heritage, leveraging our assets, and making wise choices in guiding sound growth and investment, while balancing priorities for our four Strategic Directions: ■ The Character of Denton ■ Our People, Institutions, and Government ■ The Strength of Our Economy ■ Sound Growth: Our Form and Function The Character of Denton ■ Denton is authentic. Our small-town charm and, North Texas heritage are proudly embraced along with positive change, smart and balanced growth, and high-quality development. 1-10 Plan Framework 51 Plan Framework ■ Denton is consciously green. We area leader in our commitment to sustainability and we have a significant tree canopy, a network of parks and greenways, stream corridors, and urban forests. ■ Denton is safe and livable, a hospitable community of friends and neighbors. ■ Denton is fertile territory for creativity and innovation in our vibrant music and arts scene, technology, business, and education. Our People, Institutions, and Government ■ We retain our sense of community and shared values, while welcoming new arrivals and celebrating growing diversity. ■ We are committed to fairness and equitable access to opportunity in education, community services, jobs, and government representation. ■ All generations, of both natives and newcomers, are deeply rooted in the community and are actively engaged in its betterment through volunteer participation with faith -based, civic, and/or neighborhood organizations and service on local government boards and commissions. ■ We cherish our artists and musicians and celebrate our community in local events and festivals that reflect the uniqueness of the community. ■ The City of Denton is a healthy, family -friendly community which sees its youth as its most valuable resource; a resource worthy of investment in education, healthful recreation, and opportunities for challenging and rewarding employment and engagement in civic affairs. ■ The City of Denton's institutions of higher learning, UNT and TWU, are partners with government, civic organizations, and local employers in initiatives to foster creativity in the arts, innovation, a strong economy, life-long learning, and the retention of the best and brightest. ■ The City of Denton government is customer -friendly and prides itself on its transparency and open communication, utilizing modern technology, its efficient provision of public services and facilities, and through its leadership in seeking to realize the Vision of Denton's future. ■ The City of Denton has integrated, reconciled, and streamlined its plans, processes, policies, and regulations for consistency, clarity, and effectiveness. The Strength of Our Economy ■ We leverage our strategic location, universities, and medical institutions, as a national leader in technological and knowledge-based innovation, allowing us to attract and retain a highly educated and motivated workforce. ■ We leverage our strategic location and multi -modal accessibility in the Metroplex and capitalize on key assets such as the Denton Enterprise Airport. ■ We value and support our major manufacturing employers and other responsible corporate citizens to ensure their stability, encourage their commitment to Denton, Denton Plan 2040 1-11 52 AUAk u oSo facilitate their expansion, and leverage their presence by accommodating their suppliers, supporting businesses, and workers. ■ We support and encourage our entrepreneurs and small businesses with a business - friendly attitude and efficient regulations and permitting. We market our Denton "brand", our unique, creative atmosphere and small town quality of life, which attracts a highly educated and motivated workforce and gives Denton a competitive advantage in attracting new investment, entities, and well -paying jobs. ■ We attract corporations and businesses which have a strong sense of corporate responsibility to the environment, the community, and their governance and who take active roles as being excellent corporate citizens. Sound Growth: Our Form and Function Throughout Denton we see... ■ Managed, balanced, and sustainable growth in high-quality, livable urban, suburban, and rural places which offer diverse choices among neighborhood settings while respecting private property rights. A compact development pattern which includes expanded areas of mixed use, a broad array of housing and retail choices responding to changing demographics and market preferences, and re -investment and infill in underutilized areas of the city. ■ An efficient transportation system with a safe and well-connected road network which accommodates a wide array of mobility options, including local and commuter rail transit, as well as accommodations for pedestrians and cyclists. ■ Special attention paid to our major travel corridors (ex. 1-35, US 380, and Loop 288), both aesthetically and functionally, representing Denton's character, brand, and excellence. ■ Infrastructure systems which have undergone well-planned, staged expansion to serve and manage the city's growth. ■ Parks, greenways, stream corridors, tree canopy, and other natural resources integrating into the fabric of the community and contributing to healthy lifestyles. ■ Environmental stewardship through water conservation, positive contributions to regional air quality, sustainable development practices, green infrastructure, and renewable energy. In the core of Denton we see... ■ A vibrant Downtown Denton, energized with new housing, shopping, arts, and entertainment, supporting day and nighttime activity and a true urban lifestyle — Denton style. ■ Established neighborhoods where revitalization and compatible infill development contributes to stable, livable, and historic character, and fosters neighborhood pride and homeownership. ■ Thriving universities where coordinated planning and collaborations between the City and the academic communities creates mutually beneficial, stable, and healthy neighborhood 1-12 Plan Framework 53 Plan Framework 1 edges and where the non-academic community benefits from the vast educational and cultural resources in close proximity. In our rural fringe areas of the city and the Extraterritorial Jurisdiction (ETJ) we see... ■ Contiguous, staged growth which is fiscally and environmentally sound, reduces fragmentation and sprawl, discourages premature development, and conserves the City's future growing room. ■ Conservation development which retains rural character, protects open space and greenways, enhances development value, and provides greater choices to land owners. ■ Potential safety and compatibility impacts presented by hazardous activities, such as gas well drilling and production, mitigated to protect neighboring persons and property. Future Growth Scenarios The following section summarizes the methodology that was used to develop the preferred growth concept during the previous update. During the comprehensive plan update process the community reiterated their preference to continue to use the Compact Scenario. The base growth assumptions and fiscal analysis that was established for Denton Plan 2030 continue to be relevant as Denton grows through 2040. Growth Trend Scenario A key element of the existing conditions and trends phase was the development of the Growth Trend Scenario, a conceptual representation of the consequences of continuing down the path of "business as usual." Using baseline population projections, the model was prepared to depict what the city could look like at present, in terms of development, if the City and community does not change course. The Growth Trend Scenario illustrated how and where growth would likely occur in the absence of new directions from a Comprehensive Plan update and its respective implementation. The purpose of the Growth Trend Scenario was to illustrate the need for intervention and make the case for the new directions embraced in Comprehensive Plan. Alternative Growth Scenarios Using input from public outreach efforts, conceptual approaches were developed to illustrate land use and development that reflected the values expressed in the Community Vision Statement with more compact patterns of growth. These alternatives were meant to contrast with the Growth Trend Scenario. The city staff and consultants worked collaboratively to create three distinct scenarios: Centers, Corridors, and Compact, which were reviewed and approved by a committee. These scenarios were developed to conceptually illustrate three discernible options that could reshape future patterns of development and investment. Denton Plan 2040 1-13 54 AUAk u oSo Land uses were grouped to show a range of density and "land use mixing" (meaning that as density increases, so does the amount of mixed use development) and to illustrate a range of potential uses. As an example, low-density residential areas could include single-family residential in addition to schools and parks. Similarly, commercial areas could include a range of retail types, offices, and employment locations. Land uses were illustrated generally so that the overall development footprint and intended patterns of development could be easily understood and distinguished Preferred Growth Concept The Preferred Growth Concept was developed to present a conceptual vision for the form, character, and general location of development for Denton that reflected the input and expressed preferences of the community. The general location of new development and areas for intensification was the basis for the development of the Future Land Use Map (FLUM). The Preferred Growth Concept was created by combining the most important aspects of each of the scenarios, development priorities and community character considerations that received the highest number of votes. The Compact Scenario received the highest number of votes. As a result, this scenario provided a starting point for the development of the Preferred Growth Concept, incorporating elements of the Centers and Corridors Scenarios which were close behind in the public voting. The lowest voting for the Growth Trend Scenario clearly indicated a preference for more compact and purposeful pattern of growth clustered around distinct locations. The Preferred Growth Concept also reflected priorities for development including increased walkability and trails, more mixed use, and jobs close to home and accessible by walking and transit. As a result, the Preferred Growth Concept encourages a shift towards more mixed-use development, bringing together compatible residential, commercial, office, institutional, or other uses for increased pedestrian activity, reduced car trips, and expanded housing choices. Community Character preferences further refined the Preferred Growth Concept, including in order of priority, placemaking and urban vitality, multi -modal access, green Infrastructure, and conservation. This underscores the importance of an appreciation for areas for community gathering to be distributed throughout Denton, a diversity of building types, and a sensitivity to the environment. Locations of existing and potential areas of urban vitality also help to refine the location and character of potential development areas illustrated within the Preferred Growth Concept as well as potential areas for multi -modal access, green infrastructure network, and conservation. As an overarching framework for development, the Preferred Growth Concept serves as the basis for the FLUM that is central to the Comprehensive Plan. Fiscal Impact Analysis The formation of the Preferred Growth Concept was additionally informed by a Fiscal Impact Analysis (FIA) that was conducted concurrently with the scenario development process. The intent 1-14 Plan Framework 55 Plan Framework 1 of the FIA is to guide policy decisions regarding levels of service and revenue enhancements by examining the costs to the city associated with the provision of public services and facilities to serve new development. The FIA assessed all direct costs to the General Fund, General Debt Service Fund, Recreation Fund, and Street Improvements Fund associated with the new development defined through growth scenarios. Only revenues in these Funds increase due to growth. The FIA analyzed the potential fiscal impacts of the projected housing units, population, nonresidential building area, and jobs added during the plan horizon period based on their variation by type and location among the scenarios. The variations yielded differences in the costs necessary to provide service and facilities to new development at maintained levels of service. In general, the more compact the development, the less the costs of extending facilities and service coverage. Based on preliminary review of the FIA, order of magnitude costs were shared with the community at a public community meeting, corresponding to each scenario, providing additional information for scenario evaluation. The fiscal impact findings helped determine the scenario(s) that were most fiscally responsible, which served as an additional means of defining and directing the location of development and the Preferred Growth Concept. Following the identification of land uses according to the Preferred Growth Concept and the creation of the FLUM, the locations of these land uses and associated numerical values were incorporated into the final FIA, resulting in a picture of the City's fiscal profile for the plan horizon. Recommendations related to the major conclusions of the FIA listed below are included in the Fiscal and Economic Vitality Element of the Comprehensive Plan. The Preferred Growth Concept yielded a cumulative net surplus to the City, when comparing available resources to projected costs over the plan horizon. This takes into consideration operating revenues and costs as well as capital revenues and costs and balances the results. Over the plan horizon, dedicated capital revenue generated by new development is not sufficient to cover the necessary capital expansions to maintain levels of service for new development, as the only dedicated revenue for capital needs in Denton is a portion of the property tax. Regardless of the deficit for capital needs, the cumulative fiscal impact of the Preferred Growth Concept is a surplus. Comprehensive Plan Themes The Comprehensive Plan contains eight Elements that include the goals, policies, and actions that will implement the visions of the Denton Community. Within the Plan Elements are themes that should not be "siloed" into individual Elements, because they impact a variety of policies and actions throughout the Comprehensive Plan. These themes represent top priorities of the Denton community as well as City of Denton decision makers. Several of these occur as individual Elements but are themes because they touch on topics Denton Plan 2040 1-15 56 AUAk u oSo throughout all Elements. Themes include: Sustainability, Community Health, Mobility, and Community Character. The Sustainability Theme Sustainability is a topic that touches many of the policy elements throughout Comprehensive Plan. For that reason, it is not a stand-alone element, but rather a "theme." Sustainability, by definition, is addressed in three "prongs": social, environmental, and economic. As such, sustainability is addressed within elements focused on these topics, as well as alongside Mobility, Land Use, and Community Character. Sustainability is important to the Denton community and government, and the City proudly updated and adopted its sustainability plan—"Simply Sustainable, A Framework for Denton's Future"—in 2020. The Community Health Theme Similar to sustainability, policies and actions influencing community health occur throughout Comprehensive Plan. For that reason, it is also a "theme." Community Health includes policies that contribute to the physical health of the people of Denton, including access to healthy foods, recreation, and pedestrian and bicycle mobility and land use patterns that promote physical activity. Many communities are comprehensively addressing community health in the development of planning policy. Community health is addressed throughout the Plan, particularly in Mobility, Land Use, and in Community Health and Safety. The Mobility Theme Mobility is a very important subject for Denton as it looks forward to 2040. While there is a dedicated element for Mobility, which contains goals and policies specific to streets, the bicycle and pedestrian network, and transit—among others—mobility is important to address throughout the Plan. For that reason, it is also a "theme." Mobility considerations and modal choice affects land use, community character, community health, and fiscal and economic vitality as it relates to the physical development of the city, physical activity, and the network to build a functional and healthy economy. The Community Character Theme Denton is a city built on character and the preservation of that character, in addition to creating new complementary development is central to the community's goals as it moves forward. The Community Character and Urban Design element addresses specific goals and policies related to community character, yet the preservation, celebration, and creation character of Denton is an underlying theme in all of the Plan elements. Through the successful implementation of the Plan, Denton's future will be realized as a community known for its charm and unique sense of place. 1-16 Plan Framework 57 Plan Framework 1 How To Use This Plan The Comprehensive Plan is organized to present the background information and goals, policies, and actions of the Plan Elements, in a streamlined, strategic, and user-friendly fashion. The Elements are grouped to contain categories of goals, policies, and actions organized by similar topics and according to the departments that will be responsible for their implementation. The Implementation and Monitoring Element brings all the Elements together to ensure recommended actions are followed. Table 1.6 illustrates the components of the comprehensive plan and how the goals, polices, and actions relate to one another. There are numerous additional plans and studies called for throughout the actions of the Elements, including updates to many existing plans, studies, and manuals. While many of these themselves are large plans, they all fall under the framework, and guidance, of the Comprehensive Plan, which acts as the voice of the community and the coordinated path forward until 2040. Each of these plans will look towards the comprehensive plans for policy direction and concepts. Table 1.6 Comprehensive Plan Components. Definition Example Sets a general direction; an ideal future; long-range and comprehensive in nature; and used to describe a desired result or outcome. Goal LU -5: Grow with Character: Promote Development which Enhances Community Character and Functionality. A specific statement that guides decision - makers; a commitment to a particular course of action; describe context and rationale of desired outcome, and are more specific than goals. 2.16 Revise development regulations and development review processes to facilitate and support desired forms of development and improved standards for urban design and place - making. Actions or procedures that carry out a policy. Specific step to actually achieve the goals and policies identified in the comprehensive plan. 2.16.1 Adopt citywide design and development standards and guidelines specific to individual land uses and thoroughfares to improve development quality and functionality. Denton Plan 2040 1-17 58 AUAk u oSo Comprehensive Plan Elements The Comprehensive Plan is comprised of the following Elements: Plan Framework includes a summary of Denton's history and where the City is today. It then describes the purpose and process used to develop the Comprehensive Plan. This Element also includes the Community Vision Statement and an overview of the steps involved in analyzing the conditions that would drive the goals, policies and actions contained in the Comprehensive Plan. 2. Land Use Element includes goals and policies necessary to ensure that the City will direct growth according to sound principles and to ensure that the balance of land uses matches the City's needs for the future. 3. Fiscal and Economic Vitality Element contains goals and policies related to the economic strength of the city and principles for growing in a fiscally healthy manner. 4. Community Character and Urban Design Element includes goals and policies for maintaining the unique character of Denton and building upon its distinguishing characteristics. This element includes policies for placemaking, arts and culture, and historic preservation. 5. Parks, Conservation, and Environment Element includes the policy framework for parks and open space, as well as policies to ensure protection of Denton's unique environmental and natural resources. 6. Mobility Element includes goals and policies for vehicular circulation and for the pedestrian, bicycle, and public transportation network. This element will serve as a policy framework for coordinating a comprehensive mobility network aligned with future land use and community character. 7. Housing and Neighborhoods Element provides the basis for ensuring housing options for all of Denton's population in safe and livable neighborhoods, complete adequate community facilities to serve them. This element will ensure the conservation of Denton present neighborhoods, as well as the development of well-designed neighborhoods in the future. Community Health, Safety, and Services Element includes goals and policies for maintaining a safe and secure environment for Denton residents as well as an overall healthy population. Goals and policies focus on environmental justice, social services programming, community health, resiliency, and hazard mitigation, as well as emergency services. Infrastructure and Utilities Element ensures the provision of adequate infrastructure and facilities that will complement the future growth of Denton. This includes water, wastewater, stormwater, solid waste, and electric. In addition to baseline service, strategies for sustainable practices such as sustainable energy and green infrastructure are included in this Element. 10. Implementation and Monitoring Element sets the framework to ensure that policies and actions are applied in future development decisions and that progress in the implementation of the Comprehensive Plan is monitored over the course of the plan timeline. This Element sets guidance and benchmarks for measuring progress, protocols for amendments, internal city governance practices, and describes how the Comprehensive Plan interacts with other city, state, and county regulations. 1-18 Plan Framework 59 Plan Framework 1 Element Hierarchy and Relationship Within Plan Framework Elements Denlon4'eaelcRnx-itCedc — pxr Srr 'rea Plans NnghborheadUn -sitX Carrpatihllll}� k. S. .11 area Plan Capital Improvemrent Purr (CIP} Fisral Impact Analyses CnmprehEmmm Plan Derbn Plan 20-3U rpath 133 r7! fAure urcan Design Plan • Citywide Brandng and PlacemakmgStrj"5, • Small Area Plans • Parhaw Beneatnn and reability Plan • Tranqaceahon Caitena Manual • Specialli ants in"rated lransportahan Plan • Jcur7iar,7•_c7!�s-ibity AMM.Small Ana Plan • CrnsddatedrLun Implementation & hionitodng Element Cityof Dentun Strategic Plan i Fea-h Impact Amessnxnt KnardVulneraMlity Anal. yms O- W} Drainage De9gn Criteria Marwal Establish Urrsrersal BecWling Pragrarn Denton Plan 2040 1-19 60 FIGURE 1.1: Historical Boundaries i-5 / Krur7i I Northlake —� 0 1..0 5 1 2 Miles — CBD 1945 City Limits — 196o City Limits — 1970 City Limits 198o City Limits ..1 I Sanger — -f— I Argyle Lake Ray Roberts �.._... J rl737 IN M1. 4�L )r -r 377 N Ind' �1 Corinth — 19go City Limits — 2000 City Limits 2005 City Limits 2010 City Limits — 2013 City Limits L... — v l Copper j Canyon City of Denton Non -Annexation Agreement Areas D ETJ Lake Lewisville Shady Shores �.f:. Lake Hickory Source: City of Denton *Areas identified on the map may be annexed within the timeframe of the annexation plan 61 FIGURE 1.2 Preferred Growth Concept t-Ity Denton RESIDENTIAL Lake Ray Roberts - ation Agreemen Ar a Moderate -Density 1,i Existin Development, ,` Employment Primarily Residential Highwa Mixed Use (incl. Residential, Primarily Commercial/Retail and Primarily Jobs Major oad Commercial/Retail, and Jobs) Office)obs Railroa Single -Family, Limited Commercial T—homes, Apartments, Moderate Mixedd-Use Apartments above Commercial, MidRiseOffice, Office, High Mixed -Use -- - Planne Road t c Placem Icing & Urban ~ Vitality enter •. . Insituti nal/ Em yment IMP Center °� Gree n ra truct r E r e i ♦ I 1' I u . • 77 - - 288 m ��� :• 1'L Y' INDS /sI W ,1_ - ' bF•`�...�♦♦ ., ♦� o ♦ 377 380 _ •♦.f(� NIVERSITY •♦ • �`�Q �♦ i ; N , ?. • ' f -- 288 u A ' 19I Al. •• of �� Lake Lewisville ELA FM 2449 �P �� • 377 �♦ . n ' i ROBSON RANCFT• qL X1 Source: City of Denton r Lawest Degree ofr y Mixed -Use RESIDENTIAL Highest Degree of y Mixed-use NON-RESIDENTIAL Lawest Degree of Mixed -Use Low -Density Moderate -Density High -Density Commercial/Retail Employment Primarily Residential Mixed Use (incl. Residential, Mixed Use (incl. Residential, Primarily Commercial/Retail and Primarily Jobs Commercial/Retail, and Jobs) Commercial/Retail, and Jobs) Office)obs Single -Family, Limited Commercial T—homes, Apartments, Moderate Mixedd-Use Apartments above Commercial, MidRiseOffice, Office, High Mixed -Use Town Centers, Limited Mixedd-Use Office, Job Centers, Industrial, Limited Residential 62 A U 0 U ofio 2 � Land Use Land Use Overview Overall the community's vision and goals for land use in the City have remained consistent. In the Denton 2040 Comprehensive Plan update, a stronger emphasis is placed on growth management within the incorporated boundaries of the City and the rural and agricultural for areas within the City's Extra Territorial Jurisdiction (EJT) strategically to encourage infill development. Policies for more retail and mixed-use development to increase pedestrian friendly scale and activities is strengthen in the Plan. Lastly, the Future Land Use Map (FLUM) and corresponding future land use designation descriptions have been updated and are listed at the end of this chapter. The FLUM extends to areas within the City's full ETJ boundary. Historically, Denton's land use pattern has evolved based on incremental growth and annexation, occurring largely as greenfield development, that is, the development of formerly agricultural lands and open space. Development has been driven primarily by market forces, with zoning and the construction of roads and infrastructure responding to, rather than proactively influencing growth. The availability of greenfield land, coupled with the demand for new large single-family detached dwelling residential subdivisions, has facilitated development that outwardly expanded the suburban fringe at a relatively low density and intensity. This trend has resulted in a land use pattern that has tended to further extend distances between where people live, work and shop, resulting in a rate of land consumption and "sprawl" which is faster than the underlying growth of the population, producing an unsustainable trend that is costly for the city and taxpayers alike. Meanwhile, considerably more vacant land exists within the present city limits, both unplatted tracts and in already planned and approved Master Planned Communities (MPCs), than can be absorbed by the city's projected population growth over the next two decades and beyond. The consequences of this "sprawl" trend has been experienced in longer auto trip lengths, greater levels of congestion, strained environmental and fiscal resources, and challenges for public services and facilities to keep up with the demands of this rapidly enlarging development footprint. By 2040, additional annexations are not necessary to accommodate the anticipated growth in the city and in fact future annexation petitions at the periphery of the city should be carefully evaluated to ensure the city's ability to provide infrastructure and public services. Denton Plan 2040 2-1 63 AUAk u oSo At the same time that this suburban expansion has driven public and private investment into outlying areas, some more established, in -town neighborhoods and commercial areas have suffered dis-investment and decline and are in need of renewal. In response to public input, it is the intention of the Land Use Element to reverse this trend by encouraging thoughtful and resourceful development and investment where it is needed for a fully functional and livable city. This means supporting more compact and interconnected land use patterns; placing housing, jobs and shopping in closer proximity, and providing greater opportunity for mixed-use and development designed for walkability — both for improved mobility, as well as for community health and sustainability. Land Use in the Community Vision Statement Sound Growth: Strengthening Our Form and Function Throughout Denton we see... ■ Managed, balanced, and sustainable growth in high-quality, livable urban, suburban, and rural places which offer diverse choices among neighborhood settings while respecting private property rights. ■ A compact development pattern which includes expanded areas of mixed use, a broad array of housing and retail choices responding to changing demographics and market preferences, and re -investment and infill in underutilized areas of the city. In the core of Denton we see... ■ A vibrant Downtown Denton, energized with new housing, shopping, arts, and entertainment, supporting day and nighttime activity and a true urban lifestyle — while respecting the Downtown's historic character. ■ Established neighborhoods where revitalization and compatible infill development contributes to stable, livable, and historic character, and fosters neighborhood pride and homeownership. ■ Thriving universities where coordinated planning and collaborations between the City and the academic communities creates mutually beneficial, stable, and healthy neighborhood edges and where the non-academic community benefits from the vast educational and cultural resources in close proximity. In our rural fringe areas of the city and the Extraterritorial Jurisdiction (ETJ) we see... ■ Contiguous, staged growth which is fiscally and environmentally sound, reduces fragmentation and sprawl, discourages premature development, and conserves the city's environmental and natural resources. 2-2 Land Use 64 Land Use 2 ■ Conservation development which retains rural character, protects open space and greenways, enhances development value, and provides greater land use pattern choices to landowners. While the Land Use Element does not seek to impede approved developments in outlying areas, it does support rational, staged development in the fringe and discourages approval of additional large scale planned developments until currently approved developments approach build -out. The Land Use Element has been developed to implement the long-range vision of the community in the Comprehensive Plan. The goals, policies, and actions of the Land Use Element focus on the use of land and future development within the City of Denton. The basis for the Land Use Element is the Future Land Use Map (FLUM). Through guidance from the Preferred Growth Concept, the FLUM illustrates a land use pattern that clusters development around distinct locations (i.e. centers or corridors) in a compact pattern, with mixed-use development, walkable pedestrian networks, jobs and shopping located closer to homes, and preserved open spaces in the peripheries of the city. Existing Land Use Overall the city's distribution of land uses can be thought of in three broad categories: where people live (residential uses), where people work and shop (nonresidential uses), and land which is undeveloped. Residential is the largest developed land use category, covering 12,036 acres, or about 19 percent of the city's land area. Of this, approximately 83 percent is single-family residential development, along with approximately five percent consisting of multi -family structures and another 12 percent consisting of other residential structures (including townhouses, duplexes, triplexes, condominiums, mobile homes, and assisted living/nursing care facilities). Almost 10 percent, consists of agricultural uses of the city's land area. Parks, including recreational areas and protected open space, make up approximately three percent of the city's land area. Four percent of the city's land area is devoted to commercial uses, which include retail, offices, restaurants, gas stations, hotels, etc. A significant amount of the city's commercial uses are located close to Downtown and along major corridors such as U.S. 380 and U.S. 377 and Interstates 35, 35E, and 35W. Industrial uses constitute almost 12 percent of the city's land uses. The majority of industrial uses are located west of 1-35 and 1-35W, near Denton Enterprise Airport. Government uses, including local and other administrative facilities, occupy just over two percent of the city's area. Religious uses, including buildings used for regular assembly for religious worship, cover a very small portion (less than one percent) of the city's land area. Finally, 36 percent of the city's land area was identified as "Undeveloped", that is land with no structures that does not have an associated use and is generally not protected from development. Existing land is depicted in Figure 2.1 and listed in Table 2.1. Denton Plan 2040 2-3 65 A U 0 UA6 Table 2-1. Existing Land Uses 2.57% Agriculture 6,018.02 9.58% Cemeteries 121.46 0.19% Commercial 2,625.81 4.18% Government 447.55 0.71% Industrial 8,769.09 13.96% Infrastructure 1,615.76 2.57% Institutional 1,690.75 2.69% Parks and Open Space 2,043.29 3.25% Religious 354.91 0.57% Residential — 10,027.22 15.96% Single Family Residential — 702.47 1.12% Multi Family Residential - Other 1,306.30 2.08% Undeveloped 21,938.54 34.93% Right of Way 5,149.98 8.20% Total 62,811.15 100% Source: City of Denton Immediately apparent from the existing land use map is a clearly defined center of the city, with major highways radiating in all directions. Downtown is surrounded by established neighborhoods with an historic urban street grid, and the University of North Texas (UNT) and Texas Woman's University (TWU) campuses, other institutions, and some of the city's original industrial areas. Beyond this urban core area, radiating corridors are less "mixed" in nature with low-density, single- family residential emerging as the predominant pattern, surrounding a suburban hierarchy of local streets and collectors rather than the street grid in the urban center. The location of commercial uses has been primarily influenced by highway access and interchanges, with commercial uses lining older highway corridors such as University Drive and Loop 288, and clustered in major concentrations such as the 1-35E and I -35W. A similar pattern can be seen with industrial uses. Original industrial areas are clustered near the rail corridors east of Downtown, while newer, larger 2-4 Land Use 66 Land Use 2 industrial areas are located primarily west of 1-35 near the airport, reflecting changes in industrial transportation modes. Growth Capacity In considering the land use pattern and distribution of the city's existing land use, it is appropriate to consider its capacity to accommodate future growth and to compare it to the aspirations expressed for the city's growth. As noted in Table 2.1 the city has nearly 27,000 acres of "growing room," comprised of land categorized as Agriculture or Undeveloped. As shown in Table 1.4, the city's projected population growth through the 2040 plan horizon could require the development of approximately 25,000 acres of new residential and non-residential land uses. Based on this information, there is adequate land within the City of Denton to accommodate the forecast growth and land consumption through 2040. Policies and Actions Future Land Use Map and Future Land Use Designations: The single most important component of the Land Use Element is the FLUM (Figure 2.4). By depicting where broad categories of land use should occur, the FLUM serves as a guide in making development decisions. Maintaining the currency of existing land use is necessary in order to track land use trends which may influence policies for future land use. Principal among the new directions for land use as depicted on the FLUM and described in the future land use designations that follow, is the introduction of an array of new mixed-use districts to promote flexibility in encouraging development and redevelopment at the centers and corridors targeted for growth. These include Downtown Denton, the compatibility areas surrounding the LINT and TWU campuses, and Regional Mixed Use, Community Mixed Use, Neighborhood Mixed Use, and Business Innovation future land use designations. 2.1 Maintain an updated Existing Land Use Map 2.1.1 Continue using the GIS and other databases to report parcel level data, track land use changes associated with development and redevelopment and revise the exiting land use map annually. 2.2 Utilize the Preferred Growth Concept Map and the Future Land Use Map to guide all development review applications within the plan horizon. Denton Plan 2040 2-5 67 A U 0 UA6 2.2.1 Utilize the Denton Development Code (DDC) to ensure that future development review applications are consistent with the Preferred Growth Concept Map and the Future Land Use Map. 2.2.2 Revise zoning districts for consistency with future land use designations. 2.2.3 Revise the Zoning Map for consistency with the Preferred Growth Concept Map and the Future Land Use Map. Involve the affected property owners and general public in this effort. Property owners will be properly notified before any action is taken. 2.3 Provide expanded flexibility for mixed-use by implementing the mixed-use future land use designations that reflect the priorities of the Denton community and reflect current market conditions. 2.3.1 Create Small Area Plans and Overlay Districts to implement the mixed-use future land use designations on the Future Land Use Map and the focus areas on the Focus Area Concept Map. Plan and Policy Coordination: Another important citywide land use consideration is to foster greater coordination between land use policies and policies for mobility and infrastructure. The Comprehensive Plan is the key policy document to which future revisions of all plans and programs among all city department plans and policies should be revised for consistency, to ensure coordination of land use mobility and infrastructure planning. Also, other governmental entities should be requested to address the consistency of their future plans with the land use policies contained in the Comprehensive Plan. In addition, other entities exert considerable influence on land use and growth dynamics in Denton, particularly the school siting decisions of multiple school districts and transit operated by Denton County Transportation Authority (DCTA). Clear procedures are needed to improve coordination. 2.4 Use the Denton Mobility Plan and Capital Improvement Plan (CIP) to coordinate mobility and infrastructure planning to be consistent with the Land Use Element. 2.4.1 Use the Mobility Plan to reflect the development intensity and areas of new growth illustrated in the Land Use Element. 2.4.2 Update the Capital Improvement Plan (CIP) to prioritize the implementation of the Comprehensive Plan and the Mobility Plan. 2.4.3 Update the Transportation Criteria Manual to reflect the goals and policies of the Comprehensive Plan and the Mobility Plan. 2.4.4 Update the DDC to allowing publicly owned and managed trails within riparian buffers and water -related areas. 2-6 Land Use 68 Land Use 2 2.5 Improve coordination with other entities to implement the goals and policies of the Comprehensive Plan. 2.5.1 Continue coordination meetings with TxDOT, DCTA and DISD on roadway and infrastructure projects. 2.5.2 Continue meeting with university leadership regarding roadway and infrastructure improvements impacting the universities. 2.5.3 Maintain regular communication with NCTCOG on funding opportunities for necessary pedestrian, transit, and connectivity infrastructure projects. 2.5.4 Continue regular coordination meetings with other entities such as utility providers, surrounding municipalities, and regional and federal agencies for land use, mobility and infrastructure planning. Policies and Actions Downtown Investment: A fundamental component of the Preferred Growth Concept Map, is to encourage compact growth in mixed-use centers and corridors. Principal among the city's centers is Downtown Denton. The Downtown has been the subject of past planning efforts intended to promote growth and revitalization, most recently the Downtown Improvement Plan (DTIP) containing action recommendations to implement the Downtown Denton Master Plan adopted in 2002. While certain recommendations have been acted upon, more direct initiatives to stimulate redevelopment have not been implemented. Consequently, there is a need to revisit the Downtown Denton Master Plan and the DTIP to create a new set of priorities with an emphasis on the development of Downtown housing, both as new development and the adaptive re -use of underutilized buildings, and upper floors above commercial uses. Another priority for the Downtown is to strengthen the older neighborhoods and commercial areas immediately surrounding it. An update to the Downtown Master Plan and the DTIP should also address ongoing issues such as parking, historic preservation, connectivity, and the compatibility of infill. Downtown continues to be a key focus point for tourism, historic preservation, entertainment, cultural activities and more. Multiple developers have approached the City over the past few years, but without continued investment in downtown, future growth and improvements are limited. A comprehensive approach to Downtown is best, taking into account new public-private partnerships, infrastructure needs, and updated goals adopted by the City. 2.6 Promote mixed-use development, diversification, and intensification of Downtown Denton Denton Plan 2040 2-7 69 AuA-k UA6 2.6.1 Update the Downtown Master Plan and the Downtown Implementation Plan. 2.6.2 Create regulatory incentives, such as density bonuses to expand housing in and adjacent to Downtown though adaptive re -use, utilization of upper stories and infill development. 2.6.3 Refocus the Tax Increment Reinvestment Zone (TIRZ) in the Downtown area so that it incorporates the new strategies in the 2020 Economic Development Strategic Plan. 2.6.4 Consider creation of a Parking Management Authority to address the parking challenges in Downtown Denton. 2.6.5 Create development standards for urban design, streetscape, scale, and architectural character applicable to the Downtown based on the updated Downtown Master Plan and DTIP, the guidance of the general urban design principles and policies of the Community Character and Urban Design Element, and the proposed citywide Urban Design Plan. University Collaboration: Downtown Denton, together with the campuses of UNT and TWU make up Denton's urban core. However, the neighborhoods surrounding the universities have been heavily impacted by student housing, parking overspills, and university property acquisition for campus expansion. To addresses these issues, Neighborhood/ University Compatibility Area Small Area Plans are needed, with implementation through the Neighborhood/University Compatibility Area future land use designation. These should be coordinated with any future revisions to the DTIP to address common issues such as conflicts in scale, use and intensity, parking and vehicular circulation, blighted properties, walkability, transit access, and coordination between city and university planning. Due to development activities near the UNT campus the Oak Gateway Area Plan was prepared and approved to update the Fry Street Small Area Plan. The Plan addresses concerns raised by surrounding property owners and residents and provides recommendations for redevelopment that is compatible between the surrounding residential neighborhoods and the UNT campus. As UNT and TWU updates and implements their Master Plans and as the City of Denton prepares Small Area Plans around the universities, existing agreements should be updated and new one established as needed. 2.7 Encourage collaborative planning for development and redevelopment surrounding UNT, TWU, and other major institutions. 2.7.1 Create more Neighborhood/University Compatibility Area Small Area Plans with UNT and TWU, and coordinate them with the updated Downtown Master Plan and Downtown Implementation Plan 2-8 Land Use 70 Land Use 2 2.7.2 Establish and update agreements for joint city — university planning, partnership, and collaboration within the Neighborhood/University Compatibility Areas, focusing on issues such as: ■ Creation of redevelopment target areas surrounding blighted properties ■ Regulation of on -street and offstreet parking ■ Pedestrian and bicycle facility improvement ■ Hazard mitigation ■ Housing ■ Wayfinding ■ Preservation of historic structures and features ■ Green Infrastructure 2.7.3 Create development standards for urban design, streetscape, scale, green infrastructure, and architectural character applicable for the Neighborhood/ University Compatibility Area future land use designation based on the proposed Neighborhood/ University Compatibility Area Small Area Plan, the guidance of the general urban design principles and policies of the Community Character and Urban Design Element, and the proposed citywide urban Design Plan. Encouraging Compact Growth at Centers and Corridors: A fundamental component of the Preferred Growth Concept is the encouragement of a compact growth pattern oriented around mixed-use centers and corridors. Centers and corridors generally are proposed to allow mixed-use development that focus increased density and activity at key locations with radiating density extending outwards from the primary intersections or corridors. Centers and corridors were identified based on the locations within the city that are currently centers of activity and those that offer opportunity for future focus, either in the form of new development or redevelopment, and have the capacity to accommodate growth. While these areas have the capacity to accommodate growth, they must be closely evaluated in future development proposals to ensure that development achieves the vision of creating enhanced character and higher standards of design and economic vitality throughout the city. The mechanism through which this is accomplished is the Small Area Plan, which is identified for key centers and corridors based on the Focus Areas Concept (Figure 4.1). The centers and corridors are consistent with the locations of concentrated development illustrated on the Preferred Growth Concept (Figure 1.7). Once a Small Area Plan is prepared, an Overlay District may be established to create additional zoning standards which are applicable to the context of the proposed center or corridor. Small Area Plans may also establish specific standards and guidelines for public and private realm development and improvement, treatments for gateways, and other placemaking strategies. The Denton Plan 2040 2-9 71 AUAk u oSo Implementation and Monitoring Element contains guidance on how to create a Small Area Plan and an Overlay District, when it is determined that these are the chosen methods for guiding future development in specific areas. 2.8 Create incentives and regulatory tools to promote new development or redevelopment of key centers and corridors. 2.8.1 Prioritize and create Small Area Plans for enters and corridors, consistent with the Focus Areas Concept (Figure 4.1) 2.8.2 Establish Overlay Districts as a result of Small Area Plans that apply revised development standards tailored to specific centers and corridors. 2.8.3 Through the city's Capital Improvement Program (CIP), prioritize investments in designated centers and corridors based on mobility recommendations and street standards. Policies and Actions Infill in Residential Areas: As noted in Figure 2.1, single-family residential is the city's largest category of developed land use. Single-family housing and neighborhoods will remain a valuable resource, which should be protected from harmful influences, such as abrupt contrasts of scale and intensity. However, the City should take every opportunity to ensure that as gaps in the neighborhood fabric occur, infill development, that is development of vacant or deteriorated properties will be encouraged, complimenting the scale and character of each neighborhood. Infill development also creates opportunities for more compact forms of development and affordable housing options. Types of residential products that could be suitable infill in single-family neighborhoods include well- designed townhomes, quad apartments, duplexes, and other types of low -moderate density housing which is potentially compatible within single-family neighborhoods. In addition, accessory dwelling units such as garage apartments and "granny flats" and a second small unit on a single- family lot could be considered. Some existing neighborhoods may tend to fear or resist the introduction of new housing types and perceive them as threats to neighborhood stability. Such concerns must be addressed by carefully examining how and where such uses can be introduced carefully within neighborhoods and in transitional areas, particularly along higher volume roadway corridors where single-family homes are no longer desirable. For neighborhoods that show signs of distress and transition, including declines in physical upkeep and home ownership, neighborhood conservation strategies should be used to target interventions to contribute to neighborhood revitalization and stability. The Community Character and Urban Design Element 2-10 Land Use 72 Land Use n22 and Housing and Neighborhood Element contain corresponding policies for achieving compatible infill and redevelopment. 2.9 Promote the stability and livability of established neighborhoods through the creation of guidelines and standards for compatible infill and the removal of impediments to redevelopment. 2.9.1 Conduct an inventory to identify areas of the city with infill potential within established neighborhoods. 2.9.2 Establish criteria to identify the characteristics of compatible infill development, which would include guidelines to prevent impacts and encroachments of incompatible uses, development scales and intensities. 2.9.3 Identify and remove regulatory impediments to compatible infill and redevelopment. 2.9.4 Enact standards in the Denton Development Code to ensure proper transitions and buffers between conflicting land use, scale, and intensities. 2.9.5 Apply neighborhood conservation strategies such as targeted code enforcement, housing rehabilitation, and clearance of blighted properties. 2.9.6 As new zoning districts are developed, ensure that the new zoning districts are consistent with the FLUM and the land use designations. Infill in Commercial and Employment Areas: Similarly, in commercial and employment areas, change and obsolescence will occur as consumer preferences for retail change. Instances of underutilized parking lots and out -dated big box stores produce gaps in the activity pattern and may contribute to blight. To address this inevitable obsolescence, the city should facilitate non-residential adaptive re -use, infill and redevelopment, and take advantage of opportunities to apply innovative development standards as redevelopment occurs. The Community Character and Urban Design Element contains corresponding policies for achieving compatible infill and redevelopment. 2.10 Promote the stability, quality, and functionality of commercial and employment areas through improved development standards and by addressing obsolescence. 2.10.1 Create and maintain an inventory of underutilized and abandoned "big box" retail structures as potential adaptive reuse, infill, and redevelopment sites to be developed to fill gaps in commercial and employment areas. 2.10.2 Create and apply design and development standards to improve development quality and functionality of commercial and employment areas. Denton Plan 2040 2-11 73 AUAk u oSo Policies and Actions Growth and Annexation: The developable acreage within the present city limits and planned annexation areas is considerably more than will be needed to meet the growth needs of Denton through 2040. Although annexations provide a degree of control over what develops at the city's edge and may be needed in order to prevent development using municipal utility districts, through which the city would lose influence to manage growth within its ETJ, the City needs to apply strict annexation criteria based on need and fiscal impacts by applying adequate public facilities criteria for future annexations and development approvals and continue policies for proactive growth management for a contiguous development patterns at the city's edge. Because much of the city's present excess development capacity is within large planned communities, build -out will likely take longer than two decades to complete. Much of the development will occur well into the future when market conditions, consumer preferences, and development practices may be much different from today. At present, some areas zoned as Master Planned Communities (MPCs) are associated with development plans that may not reflect present-day or future needs and preferences. It is in the mutual best interest of the City and the owners and developers of the MPCs to anticipate and provide for flexibility in re -planning these developments. Future MPC plans or Planned Developments should seek to introduce more innovative mixed-use and walkable development patterns with greater connectivity to the development pattern of the city, and alternative mixes and locations of residential, and centers for commercial development and employment. 2.11 Promote development of Master Planned Communities (MPCs) and Planned Developments that are consistent with the long-term vision of the FLUM. 2.11.1 Establish a process to facilitate revisions to the land use mix and design of approved MPCs including: ■ Design that furthers the goals and policies of the Comprehensive Plan and the Preferred Growth Concept ■ A mix of housing types to reflect changing demographics and housing preferences ■ Appropriate siting of schools, civic buildings, and community amenities ■ Adjacency to existing transportation infrastructure systems ■ Conservation development where appropriate 2-12 Land Use 74 Land Use n22 ■ Incorporation of compact, mixed-use, and walkable development patterns ■ The integration of area -wide trails, greenways, and green infrastructure elements ■ Developable acreage that is in balance of overall development of the city 2.11.2 Consider adoption of an Adequate Public Facilities Ordinance to complement existing tools for growth management. This would enable the timing of development approvals to encourage development in areas contiguous with the city's current footprint and priority development areas consistent with the Preferred Growth Concept. 2.12 Expand the city limits through annexations at a rate consistent with the city's growth rate and the demand for additional land, based on fiscal impact, the feasibility and cost- effectiveness of the provision of city infrastructure and services. 2.12.1 Revise annexation policies to reflect the sufficiency of undeveloped land within the present city limit, the need for a contiguous development pattern at the edge, and an assessment of the feasibility and cost-effectiveness of the provision of city infrastructure and services in various portions of the ETJ. 2.12.2 Base future annexations on considerations of fiscal impact, covering all public facilities and services, and on a determination of adequate public facilities. Gas Well and Pipeline Impact and Compatibility: Natural gas production is increasing, both nationally and locally, due to new technologies that enable economic exploration and development of what once was a hard -to -produce resource. Researchers continue to identify the costs and benefits associated with natural gas production. The research continues to raise new questions and creates a regulatory environment that is still relatively fluid. Denton's regulatory environment is intricately dependent on state and federal laws, legal challenges, stakeholders and interest groups, new research, and seemingly constant updates to best practices. 2.13 Ensure proper and orderly development of both surface uses and mineral interests within the City's boundaries and extra -territorial jurisdiction under current conditions. 2.13.1 Assess how drilling and production sites should be identified by size and location, and how to maintain relevant and associated data to address impacts and compatibility. 2.13.2 Ensure that Denton is applying best practices to minimize the impacts of gas wells and pipelines. Monitor the implementation of the 2016 gas well ordinance and the 2020 gas well setback ordinance and identify the ongoing impacts of gas well drilling and production on surface development costs and on roads and traffic Denton Plan 2040 2-13 75 A U 0 UA6 patterns, the future effects of such activities on the Mobility Plan, and the fiscal and economic impacts of gas well development. 2.13.3 Prepare an Energy Exploration Master Plan to establish a long-term vision for energy exploration in Denton that guides siting, permitting, maintenance, inspections, reporting, and transitioning. 2.13.4 Consider the impacts of gas drilling and production sites and the location of pipelines in the update of the Denton Mobility Plan. Managing Growth at the Edge: Denton Plan policies for proactive, managed growth to develop a well-defined and contiguous edge, avoiding inefficient leapfrog development, remain applicable. Specific means to achieve sound edge conditions include the City's water and wastewater CNNs (areas designated by Certificates of Convenience and Necessity), water bodies and watershed boundaries, and interlocal agreements with adjacent communities to define shared boundaries and the use. As much of Denton is characterized as rural and agricultural land that possesses a character of Denton's past and natural environment that is cherished, conservation development is recommended as the primary means of managing the interface of the developed and undeveloped land. Conservation development is an approach to the design of rural residential subdivisions which is highly suited to agricultural fringe areas where the retention of rural character and open space is desired. The concept is applied by permitting smaller, clustered lots, in return for the preservation of generous amounts of open space. A conservation development alternative, as proposed in the Rural Area future land use designation, would allow for the same number of smaller lots at the same gross density. For example, on a 100 -acre tract zoned RD -5, an owner could develop 20 five -acre lots, completely subdividing the property. Under a conservation development alternative, 20 lots would also be permitted, but as small as one acre, consuming only 20 of the 100 acres. The remaining 80 acres could remain as a farm, pasture, homestead estate, or as protected open space, thus more effectively retaining rural character. This approach is highly advantageous both to the public and to private developers. It reduces the costs of public services with more compact development and makes available protected open space with habitat, scenic, and recreational value at no public cost of acquisition. Conversely, advantages to developers and property owners include improved development profitability by lowering development costs for roads and utilities, along with tax advantages from open space easements or dedications and higher the sales values of residential lots which abut permanently protected scenic open space, comparable to the premium sales values of lots along golf fairways. 2.14 Protect rural character and scenic open space at the city's Edge to promote the achievement of the Preferred Growth Concept and the FLUM. 2-14 Land Use 76 Land Use f 2 2.14.1 Promote conservation (clustered) development in rural areas, with permanently protected open space in conservation easements, as an alternative to large lot development. 2.14.2 Expand the network of protected rural open space including floodplains and stream corridors through open space in conservation easements and through land dedications, voluntary conservation easements, land trusts, and parks. Develop procedures for transfers of ownership and responsibilities for management of protected open space. Surrounding Municipality and Local Agency Coordination: The City of Denton has a well-established, collaborative relationship with the North Central Texas Council of Governments (NCTCOG), the metropolitan planning organization (MPO) that coordinates planning in the region. Denton participates in several regional mobility and sustainability initiatives as part of NCTCOG, including the Trinity Trail System, Transit Oriented Development (TOD) initiatives, school siting coordination, complete streets standards, achieving regional air quality standards, and other sustainable development initiatives. Similar collaborative relationships should be sought with Denton County and adjacent municipalities concerning coordination of development standards, growth management policies, environmental protection, and coordinated development review of projects which impact multiple jurisdictions. The Parks, Conservation, and Environment and Infrastructure and Utilities Elements contain corresponding policies for furthering conservation goals, maintaining rural character, and the provision of facilities. These Elements will work in tandem with the Land Use Element to achieve this goal. 2.15 Support continued intergovernmental coordination to address common issues of growth management and resource conservation and provision of public facilities and services. 2.15.1 Maintain coordination with NCTCOG on issues of sustainable development, regional mobility, and stormwater management. 2.15.2 Maintain engagement with Denton County and adjacent municipalities concerning coordinated planning and development review for projects with regional impacts and the application of innovative standards for roads, infrastructure, and development. Development in the ETJ: Currently, Denton maintains an ETJ, which is the unincorporated area contiguous to the city's corporate boundaries. The ETJ's distance from the city limits is determined by the city's population and offers an opportunity to manage growth at the city's edge. As a population greater than 100,000, Denton's ETJ extends five miles beyond the city's boundaries in all directions, and the city currently has the ability to monitor development that occurs within this area, but does not have substantial regulatory power. Since the ETJ is not the city proper, it does not have city zoning and therefore not subject to the city's development controls. In Denton County, the county has Denton Plan 2040 2-15 77 AUAk u oSo oversight over development in the ETJ. However, when property owners want to plat a tract of land or develop a subdivision they have to plat with the City. Currently, Denton has an interlocal agreement with Denton County in which the City of Denton is involved in the approval process for subdivision applications in its ETJ. This agreement should be revised to ensure that development within the ETJ conforms to the Comprehensive Plan. When reviewing subdivision applications in the ETJ, the following policies and associated future land use designations should be followed. Additional tools are needed to ensure that development conforms to the desired character that the City prefers to maintain in its rural areas. Similarly, location of gas wells should be reviewed alongside any subdivision applications in the ETJ to ensure that uses are complementary and infrastructure can be feasibly expanded. (See Policy 2.13 above) Lastly, at present it is also possible to easily create Municipal Utility Districts (MUDs) for the provision of services in unincorporated parts of the county in order to bypass annexation and allow for fast -tracked development. The proliferation of utility districts has allowed for a non- contiguous growth in Denton County that is not overseen by any municipality. Having greater oversight given to the City of Denton to monitor the proliferation of MUDs will create more thoughtful development in the ETJ in the plan horizon, consistent with the compact manner of growth envisioned for the city's future. 2.16 Support designated future land uses within the Extraterritorial Jurisdiction (ETJ) to control the extent and character of development in the city's periphery. 2.16.1 Continue to control growth in the ETJ by requiring City approval of subdivision applications in its ETJ through the established interlocal agreement with Denton County. 2.16.2 Encourage proposed subdivision applications in the ETJ to be consistent with the Preferred Growth Concept, FLUM, established future land use designations and standards, and preserves rural character and natural environment. 2.16.3 Update the interim MUD policy criteria to encourage consistency with land use criteria, adopted plans, and adopted infrastructure standards and require review of any MUDs in the development review process. 2.16.4 Coordinate with surrounding municipalities as part of the approval process for development proposals in Denton's ETJ where the proposed development is in close proximity or where a municipality shares a boundary. Policies and Actions Maintaining Character: 2-16 Land Use 78 Land Use 2 An important source of community pride in Denton is the fact that the city has historically maintained a separate and distinct identity and character, from other rapidly growing neighboring communities. To ensure that this distinct character is retained, this series of policies and actions proposes a comprehensive review of the city's development standards influencing both development quality and character, including architectural and landscape character. In addition, development standards influencing the city's functionality should be reviewed, including "complete streets" design standards to promote walking, bicycling and transit use, as well as auto traffic. In addition, unique areas of the city require a unique set of standards, applied through new Small Area Plans. These may include areas that have a unique character or sensitivity, such as the city's entrances and gateways, environmentally sensitive areas, and uses that pose unique challenges of compatibility, such as travel centers, which can exert impacts associated with truck traffic. Finally, while additional standards would primarily influence private sector development practice, it is appropriate that the City models a high standard for the design of public buildings, parks, and civic spaces. The Community Character and Urban Design Element contains general guidelines for the provision of a vibrant public realm, quality urban design of buildings, and creation of distinct "places." 2.17 Continue to facilitate and support desired forms of development and improved standards for urban design and placemaking. 2.17.1 Create and apply additional Small Area Plans to address challenges and enhance unique character areas. 2.17.2 Streamline the approval process for developments demonstrated to be consistent with the Preferred Growth Concept and FLUM. 2.18 Set a high standard of quality in the design of the public realm to enhance appearance and functionality. 2.18.1 Enhance design standards pertaining to aesthetics and complete streets for future construction of public rights-of-way and thoroughfares. 2.18.2 Coordinate design guidelines with Mobility goals and policies to achieve a functional street network for a wide range of transportation options. 2.18.3 Establish public realm design guidelines for buildings, streets, and public spaces that will achieve an aesthetically -pleasing interface between the public and private realm. Denton Plan 2040 2-17 79 AUAk u oSo Policies and Actions Table 2-2. Future Land Use Map and Land Use Designations Agriculture This category denotes areas that have large tracts of land in active agriculture uses for preservation, including ranchland, field crops, and other similar agricultural uses. This may also include rural commercial uses, alternative energy generation, and accessory structures to support agricultural uses and uses that support agritourism. This category may include large lot residential (a minimum of one unit per ten acres). Residential development in this future land use category will continue the present character of the rural and agricultural areas of Denton with low -profile homes of no greater than two stories, generous lots and setbacks, and materials that complement the natural surroundings and ranch heritage. This category includes farms and ranches as the predominant use along with rural residential (a minimum of one unit per five acres) and rural commercial including feed stores, farm equipment, etc. This land use may allow lots as small as one acre under the gross density provision to allow for conservation development which clusters smaller lots while permanently protecting scenic rural open space (through conservation easements). This land use may also include single-family homes on large lots, which is suited for areas on the periphery of the city that complement a more suburban type of development. Development in this future land use category will continue the present character of the rural areas of Denton with low -profile homes of no greater than two stories, generous lots and setbacks, and materials that complement the natural surroundings and ranch heritage. 35,594 37,746 33% 35% 4,556 3,703 Low This category includes the city's predominantly single- 3,440 3% 15,960 Residential family neighborhoods, with lot sizes ranging from one acre or more in rural fringe areas up to four units per acre gross density throughout many of the city's Land Use 7% 6% 25% 80 Land Use? f 2 suburban subdivisions. Dwellings in this land use district are generally one to two stories with private driveways and open space, consisting of privately - maintained tree canopy and front, back and side yards. Building and driveway orientation, the locations of private garages, building material, and the presence of sidewalks vary by neighborhood and the era of neighborhood development. Generally, these types of single-family neighborhoods are developed as distinct subdivisions that are linked by internal circulation systems with limited access to local and connector roads. This category may also include land uses that support residential neighborhoods, such as appropriately scaled commercial at arterial and collector street corners, and appropriately scaled public and quasi -public uses, such as religious and educational institutions. Density: Up to 4 dwelling units per acre This category accommodates single-family detached 582 1 % 2,827 5% housing on small lots, typical of Denton's more compact, established single-family neighborhoods and low-rise multi -family dwellings and townhomes. This land use applies to areas within the central areas of Denton and transition areas between established single-family neighborhoods and mixed-use or commercial areas that can accommodate greater density, or adjacent to key corridors. Dwellings in this future land use category vary in scale and style and may contain a great deal of diversity by each street and block. Most areas are characterized by rectilinear lots with modest front yards. Most streets are lined by sidewalks, but this is not prevailing throughout. Development is linked by local streets and is most commonly accessed by multiple intersections and points of access. While the land use primarily includes single-family dwellings, multi -family dwellings, and townhomes may be located in this land use as well. While the quality of multi -family dwellings and townhomes currently varies, in the case of future infill development, they should maintain a scale, style, and building orientation in order to complement the prevailing character of its surroundings. This category may also include land uses that support residential neighborhoods, such as neighborhood scaled Denton Plan 2040 2-19 81 A U 0 u oSo commercial at arterial and collector street corners, and appropriately scaled public and quasi -public uses, such as religious and educational institutions. Density: (4-12 dwelling units per acre) This category denotes large-scale developments that 1 >1% 8,968 14% are guided by separate development approvals, which establish the land uses, densities and intensities of development, and character. These developments typically provide for mixed uses that balance residential and non-residential uses and provide connectivity to other development throughout the city. This designation allows for moderate (6-12 du/ac) and 0 0% 459 7% high density residential (>12 du/ac), commercial, office, entertainment, and other uses, except industrial, tailored to encourage a greater level of activity in Downtown, while protecting the scale and strengthening the character of Downtown and Denton's historic core. Downtown Denton is centered on the blocks surrounding the Square and will include development that complements and is oriented to this historic grid pattern of this area. As Downtown Denton is characterized by a particular scale and character, it is important that this be maintained in future development. However, as the cultural heart of Denton, it is also appropriate to allow for a variety of uses that can help foster the economic viability and evolution of Downtown to serve the community's current preferences and needs. As significant infill opportunities exist in Downtown, development is encouraged. As the downtown area extends away from the Square, land uses should continue to have compatible form and uses for the areas that serve to strengthen both the Downtown and adjacent neighborhoods. This designation applies to areas that serve as 0 0% 2,350 4% regional destinations within Denton. Development may include residential, commercial, office, entertainment and other uses except industrial, at the highest levels of scale and density within the city. Unique development standards are proposed to create the walkable urban character and day and nighttime activity of an urban center. Major medical and health care institutions and the areas of influence around 2-20 Land Use 82 Community Mixed Use Neighborhood Mixed Use them are included in this future land use designation. This designation is located primarily along 1-35 interchanges and along primary arterials to encourage the greatest regional accessibility. Future development in Regional Mixed-use areas will complement and embrace existing, viable uses, and raise the standard of design to increase their regional draw, accommodate greater connectivity and mobility options, and create a sense of place. This designation is intended to promote a mix of uses, of which various commercial uses remain predominant, but where residential, service, and other uses are complementary. This land use applies to existing and future commercial areas in the city, where redevelopment to mixed-use is desirable. The intent is to encourage infill and redevelopment for a more diverse and attractive mix of uses overtime. Examples include residential units over commercial uses or a wider array of economically viable uses to replace obsolete uses such as former car sales lots and vacated big box stores. Such areas also may represent opportunities for higher density and mixed housing types, without impacting, nearby single-family neighborhoods. Future development in Community Mixed Use areas will complement and embrace existing, viable uses, and raise the standard of design to increase their economic viability, accommodate greater connectivity and mobility options, and create a sense of place to serve the local community. This designation applies to neighborhoods or districts where the predominant use is residential, but with a mix of compatible housing types and densities along with local -serving, non-residential retail and service uses. Such use mixes are typically found in established neighborhoods in the city's core that accommodate local services. This designation is also applied in areas of future development suited primarily to single-family development, but where neighborhood -serving retail and services are critical to achieving balanced, accessible neighborhoods. At these locations, a diverse mix of housing types and densities may also be accommodated. Buildings should be appropriately scaled and have an intensity that complements the surrounding neighborhood and Land Use? f 2 56 >1% 2,593 4% >1% 517 1% Denton Plan 2040 2-21 83 AUAk u oSo environment. Future development in Neighborhood Mixed Use areas will complement and embrace existing, viable uses, and raise the standard of design to increase connectivity and mobility options, and create a sense of place to serve the neighborhood. Neighborhood / This land use designation applies to residential and University Compatibility Area Light Industria commercial areas adjacent to University of North Texas (UNT) and Texas Woman's University (TWU) that are affected by their proximity to the university. Currently these areas are characterized by university and commercial buildings abutting, in many cases, single-family neighborhoods. As the universities are projected to increase in enrollment, which will require additional facilities, commercial uses and student housing, this designation is to create compatible form and land uses for the areas that serve both the established neighborhoods and the universities. The Business Innovation designation is envisioned to be the City's employment centers, intended to allow for a range of businesses both in terms of sizes and types. From large tracts of land designed for well- planned, larger scale corporate office and employment parks, developed in a campus setting to smaller size tracts for research and technology businesses and start-up businesses. Supporting uses can be commercial uses, such as retail, hotels, and restaurants. Single -use, stand-alone residential use developments are not allowed within the Business Innovation designation. However residential uses (as a subordinated use) may be part of a larger mixed-use development. The proposed developments should include generous, linked open space to maximize value and to promote visual quality and compatibility with the surrounding area. This designation should be throughout the city in areas that are in close proximity to commercial use areas and employment hubs in the city, so that future expansion may build from this proximity and create a critical mass for economic success. This designation is intended for tracts of land that are appropriate for light industrial activity. Primary uses include light manufacturing, assembling, and warehousing and distribution, and include associated ::: 0% >1% 2% 558 1,562 3,064 1% 2% 5% 2-22 Land Use 84 Land Use? f 2 support uses, such as offices, retail, and restaurants. Light Industrial areas should have adequate access to infrastructure, including the transportation network. It is important in future development that transitions to adjacent sensitive land uses are considered. This designation applies to areas where the 1,223 1 % 3,490 6% predominant use includes both light and heavy industrial uses, such as moderate to heavy manufacturing, assembly, fabrication, and wholesaling. Distribution uses may be introduced to replace underutilized, heavy industrial uses or house future industrial development. This designation is located primarily west of 1-35W near the Denton Municipal Airport. It is important in future development that transitions to adjacent sensitive land uses are considered. This designation applies to government-owned land, 27 >1% 3,858 6% university and college campuses, and similar large- scale institutional activity centers. Development in these land use areas is typically subject to particular guidelines and therefore outside of the oversight of development review. It is important that transitions to adjacent land uses are considered in the development of future government and institutional -related uses. In the case of universities, these are addressed within the Neighborhood/University Compatibility Area future land use designation. Coordination on future development will ensure that these land uses are appropriately designed. Government and institutional uses often include structures that often become architectural and visual landmarks, which adds to the community's sense of place and identity. As such, development of future governmental and institutions uses should recognize principles of placemaking. This designation applies to existing large-scale parks 22,264 21% 2,791 4% and protected open spaces of citywide significance which are expected to remain as open space in perpetuity. Potential future large-scale park acquisitions, as well as smaller neighborhood parks and recreational uses may be included in a variety of future land use designations as allowable uses. 4,626 4% 5,555 9% Denton Plan 2040 2-23 85 AuA_k UA6 The desired pattern of future land uses is depicted in Figure 2.4: Future Land Use Map (FLUM) and listed on Table 2-2. When compared to the Existing Land Use Map (Figure 2.1), it becomes evident that the planned land uses reflect new patterns designed not only to accommodate the projected growth in population, but also to do so in creative ways that result in a more sustainable pattern, including greater use of mixed-use and targeted re -use and revitalization of designated centers and corridors. The purpose of the FLUM is threefold: first, to depict the intended long-term pattern of residential, commercial, employment, and other supporting land uses, as articulated in the Community Vision and through the land uses goals, policies, and actions. Second, the FLUM establishes the basis for adjustments to zoning district changes, development review procedures and other tools, to achieve the desired pattern and quality of development. Finally, the FLUM guides coordinated transportation and utility planning in order to ensure that facility capacities are consistent with the demands from anticipated levels and intensities of development. The FLUM, however, does not constitute zoning, nor does it establish zoning district boundaries. Instead, the FLUM reflects a broad policy for future distribution of land uses to be achieved through by the year 2040, to be used in guiding future re -zoning and other development decisions within the city's corporate limits and subdivision applications in the city's extraterritorial jurisdictions. The general land use descriptions below are developed from the goals, policies and actions in this section and it is the intent that they will aid in development review. 2-24 Land Use 86 FIGURE 2.1: Existing Land Use Map / Argyle 0 0.5 1 2 � Miles Sanger Lake Ray Roberts A/4 _r 7 77 mn IL akL11 �' L �• —• � may; 380 .._ ■ � .��. � '.. -- I .. � 288 � _ S '■--4 %gin S -i __. .1 ■ I _ � '` SCS `! .r 1r;°: yid `' ~'�,� j` tf♦ T loft- - ; 77 . ` a Lake Lewisville 'i 377 / •� �� .■6' Shady Shores ■R�,�■ - � I • ,�_ it, _ CorinthPML r — ..�I �. Lake Dallas Agriculture Residential Other Industrial Farm / Ranch Government Infrastructure Park Institutional j Transportation Residential Single Family Religious Undeveloped Residential Multi -Family Commercial Hickory Municipal Boundaries City of Denton ® Non -Annexation Agreement Areas ETJ 87 nsuoc 2.3: Denton City Limits & ETl ~ Municipal Boundaries zogCity Limits Non -Annexation Agreement Areas V Argyle Bartonville —Corinth ake Dalla Lake Hick ek Source: City mDenton °Areas identified onthe map may beannexed within the timeframe u the annexation plan 89 • • • , , 35 1 1 r ,o n 0 D owl -D 11► WA . _:::.::: -10 I loll Ami mommo::NUNN �:E�:. _ ON I , J I 1 I F— / l o � � l DJ 35 � t• 1 _ rrAJA111 � — 1 111■ - - ,'PA -, ■ - D --- - - m , 0.1 MINIM D -- Ll - 35 SUMMONS ISO . Min 0 II�� •' �� For, D o D _ ff — � ,� . �_- 'W NINE �.■fir. Will I - ON mom MINE SEE o D o -D , ., —7711■■■ . ° .��� �r \.35E • . / �.r , r e SEMEN NOUN 35EEl ME N .. IMMUNE o: Ell -1 J � 35E ' _ I MINN Lo 'Mow, • / r:1 � �� a �, � /►�I _���—��_ ONES No111 1 NINE 1 SUN 35E INSE � J I � _MISS Wall -�q • -. • •• ••• • •. •- = ane=:_-.•=:,_I!:� .,..��� ' I-- Il�i�n �i {I • • � . � � � • • \_CaGlllll�l_�:c:�' �•II iilil`' _ICU, - • 1- Ill��i w _� • 1 • • • • . • . • • • . / 11 I , 89 Auk u0410 3 � Fiscal and Economic Vitality Fiscal and Economic Vitality Overview The goals, policies, and actions necessary to ensure the sustained vitality of Denton must celebrate Denton's strengths, support the community and welcome visitors, grow the economy, and ensure an infrastructure system capable of evolving with growth. The Fiscal and Economic Vitality Element provides information needed to address the impacts of new and different development in Denton, and provides a framework for budgeting for the financial implications of growth. This Element explores approaches available to Denton to provide fiscally responsible infrastructure and public facilities necessary to support the community and economic development goals put forth throughout Denton 2040 Comprehensive Plan. Results of a Fiscal Impact Analysis (FIA) that was conducted inform the economic and fiscal policy and action recommendations of this Element. The methodology used in, and major conclusions of, the FIA are best understood in the FIA report provided as an appendix to the Denton 2040 Comprehensive Plan. The FIA used the development assumptions of each scenario and the Preferred Growth Concept to project a fiscal picture for the City up to 2040. The FIA evaluated both cumulative fiscal impacts over the plan horizon and for each year. The community envisions more infill and compact urban form in the incorporated city, therefore, the results of the FIA reflects this vision. Fiscal impact analyses enable a city to estimate the difference between the costs of providing services for new development and the taxes, user fees, and other revenues generated by new development. The intent of a FIA is to guide policy decisions regarding revenue enhancements, and maintaining community facilities and services in keeping with population growth, otherwise known as levels of service. Major conclusions of the FIA inform the Fiscal and Economic Vitality Element through policy and action recommendations to use on current strengths to diversify the economy, explore opportunities for revenue enhancement, and encourage a development pattern that maximizes existing infrastructure. Denton Plan 2040 3-1 90 AURA uo4-o The Fiscal and Economic Vitality Element discusses why it is important for Denton to: ■ Implement the Comprehensive Plan policies and actions to spur economic growth; ■ Implement policies and actions to ensure the City's long-term fiscal sustainability; ■ Establish and maintain appropriate levels of service for infrastructure and public facilities through the annual Capital Improvement Plan; and ■ Conduct additional fiscal impact analyses and develop related revenue enhancement strategies The City is in the process of acquiring a fiscal impact tool to estimate public revenues and expenditures associated with development reviews and land use decisions. Fiscal and Economic Vitality in the Community Vision Statement The Character of Denton ■ Denton is fertile territory for creativity and innovation in our vibrant music and arts scene, technology, business, and education. Our People, Institutions, and Government ■ We cherish our artists and musicians and celebrate our community in local events and festivals that reflect the uniqueness of the community. ■ The City of Denton is a healthy, family -friendly community which sees its youth as its most valuable resource; a resource worthy of investment in education, healthful recreation, and opportunities for challenging and rewarding employment and engagement in civic affairs. ■ The City of Denton's institutions of higher learning, UNT and TWU, are partners with government, civic organizations, and local employers in initiatives to foster creativity in the arts, innovation, a strong economy, life-long learning, and the retention of the best and brightest. The Strength of Our Economy ■ We leverage our strategic location, universities, and medical institutions, as a national leader in technological and knowledge-based innovation, allowing us to attract and retain a highly educated and motivated workforce. ■ We leverage our strategic location and multi -modal accessibility in the Metroplex and capitalize on key assets such as the Denton Enterprise Airport. ■ We value and support our major manufacturing employers and other responsible corporate citizens to ensure their stability, encourage their commitment to Denton, facilitate their expansion, and leverage their presence by accommodating their suppliers, supporting businesses, and workers. 3-2 Fiscal and Economic Vitality 91 Fiscal and Economic Vitality f 3 ■ We support and encourage our entrepreneurs and small businesses with a business - friendly attitude and efficient regulations and permitting. ■ We market our Denton "brand", our unique, creative atmosphere and small town quality of life, which attracts a highly educated and motivated workforce and gives Denton a competitive advantage in attracting new investment, entities, and well -paying jobs. ■ We attract corporations and businesses which have a strong sense of corporate responsibility to the environment, the community, and their governance and who take active roles as being excellent corporate citizens. Sound Growth: Strengthening Our Form and Function Throughout Denton we see... ■ A compact development pattern which includes expanded areas of mixed use, a broad array of housing and retail choices responding to changing demographics and market preferences, and re -investment and infill in underutilized areas of the city. ■ An efficient transportation system with a safe and well-connected road network which accommodates a wide array of mobility options, including local and commuter rail transit, as well as accommodations for pedestrians and cyclists. ■ Infrastructure systems which have undergone well-planned, staged expansion to serve and manage the city's growth. In the core of Denton, we see... ■ A vibrant Downtown Denton, energized with new housing, shopping, arts, and entertainment, supporting day and nighttime activity and a true urban lifestyle — Denton style. In our rural fringe areas of the city and the Extraterritorial Jurisdiction (ETJ) we see... ■ Contiguous, staged growth which is fiscally and environmentally sound, reduces fragmentation and sprawl, discourages premature development, and conserves the City's future growing room. Economic Vitality A strong and diverse economy is fundamental to achieving the Denton 2040 Comprehensive Plan vision. Denton's employed residents work in various industries, which are shown in the graphic below. The economic and workforce development policies and actions ensure that Denton continues to be a community of choice, specifically for the new graduates entering the workforce, and growth -oriented businesses in need of skilled talent. The economic base envisioned by the Comprehensive Plan capitalizes on local competitive advantages, focuses on the export of products and services, and the importing of income and discretionary dollars. Denton Plan 2040 3-3 92 p1 RP,. Llo�o It is through a growing economy that the City of Denton will drive the private and public investments necessary to improve the quality of life and place desired by the community. For example, the two growing universities (UNT and TWU) and the addition of North Central Texas College (NCTC) campus in Downtown Denton are economic engines in their own right, and the student bodies are a significant asset for the city. The universities and NCTC college serve as economic building blocks from which research partnerships can emerge, employers can staff jobs, and entrepreneurial start-ups can spin off. According to 2019 data from the U.S. Census Bureau (the most recent data available), nearly 17 percent of the jobs located in Denton are in Education Services. These jobs are disbursed across all levels of education and demonstrate a concentrated investment in workforce development. Of the top five major employers in Denton, three are in Labor Force by Industry 2019 49 Educational services and health care, social assistance 0 Arts, entertainment, and recreation; accommodation and food services Retail trade 0 Professional, scientific, and management; administrative; waste management services 0 Manufacturing • Finance and insurance; real estate, rental, and leasing 0 Other services, except public administration • Construction • Transportation, warehousing, and utilities 0 Public administration the Education Services industry 0 Wholesale trade (University of North Texas (UNT), Denton Information Independent School District, Texas Agriculture, forestry, fishing, and hunting; mining Woman's University (TWU)). As the Source: ACS 5 yearEstimates, 2019 universities evolve their educational programs to prepare new graduates to fill well -paying jobs offered by jobs offered by growing industries, the City can strengthen its position as an education hub. As a core city, Denton hosts a large share (24 percent) of the region's commercial, retail, and personal services jobs. While not growth -oriented industries, a strong commercial sector increases vibrancy of the city and imports dollars from the surrounding region as visitors shop, dine and enjoy entertainment in the city. Denton also benefits from a strong Health Care and Social Assistance industry, which accounts for nearly 12 percent of 2019 jobs in Denton. These companies help to increase the quality of life for Denton's citizenry and serve as an economic building block both as employers and by generating revenue from patients and visitors coming to the city to access services. 3-4 Fiscal and Economic Vitality 93 Fiscal and Economic Vitality] -r3 Denton benefits from having a diverse industry base. Economic diversity creates a stable base, able to weather the ups and downs of any specific industry sector with less interruption to the city's economy. The remaining 47 percent of existing jobs are distributed across the other major industry sectors. These jobs include activity in the industrial zone surrounding the Denton Enterprise Airport, which is one of Denton's most crucial competitive advantages. Denton Plan 2040 protects the airport as an economic asset by providing policies and actions designed to recruit growth -oriented business dependent on a diverse and reliable transportation network and providing guidance in how to use the asset to increase export -oriented industrial activity. Specific goals toward that end and related policies and actions follow. Policies and Actions Economic Development and Land Use: Denton hosts two growing universities, a college, a thriving music scene, a growing high-tech industry sector, and a high-capacity municipal airport with opportunities for expansion. Denton 2040 Comprehensive Plan identifies strategies to celebrate the unique character of Denton, by encouraging complementary development, environmental stewardship, and economic diversification. It looks to use the built environment to retain and attract professional, creative, and entrepreneurial talent looking for economic success and quality of place. As the development pattern shifts to more compact development, land use regulations will be used to encourage the development/redevelopment of underutilized areas. These may include, but are not limited to, reduced parking requirements in exchange for increased density allowances or multi -modal infrastructure investments, or scaled impact fees in core service areas. 3.1 Use the Future Land Use Map (FLUM), the 2020 Economic Development Strategic Plan, and the 2021 Affordable Housing Needs Market Value Analysis to ensure adequate development areas exist to support a self-sustaining economy with a diversity of live/work/play development opportunities. 3.1.1 Ensure adequate land for future economic growth, particularly in the non- residential future land use categories, including a sufficient buffer zone adjacent to protected land uses. 3.1.2 Partner and collaborate with developers to provide sufficient workforce housing to meet market demands and diversify housing choices. 3.1.3 Incentivize the development or redevelopment of mixed-use projects that provide flexible space for commercial, office, and residential use. Denton Plan 2040 3-5 94 p1 RP,. Llo�o 3.1.4 Evaluate the need for additional development code standards that encourage infill and redevelopment, and remove growth impediments in the area of Denton that is incorporated. 3.1.5 Complete and implement the fiscal impact tool in development reviews and land use decisions. 3.2 Ensure the development of new workplaces that are close to and complement surrounding residential, civic, and recreational land uses. 3.2.1 Use the FLUM, the 2020 Economic Development Strategic Plan, and the 2021 Affordable Housing Needs Market Value Analysis as the guide to all future development, which places jobs and residences in close proximity, where appropriate. Economic Development and Partnerships: Denton is part of a larger economic region that radiates out from Dallas and Fort Worth. Denton's economic growth depends on the growth of the larger region. Therefore, it is important for Denton to be an active member of regional economic development organizations such as Chambers of Commerce and Convention and Visitor Bureaus. Affiliations with these types of organizations can help the City monitor economic trends, understand the needs and opportunities associated with target industries, recruit new businesses, retain or expand existing companies, and develop targeted workforce training partnerships. Target industries are those with high growth potential. They are identified based on their potential to provide the greatest number of well -paying jobs and economic growth. The target industries should include those already identified as important and growing industries in Denton like arts and entertainment, and the high-tech sector. In addition, Denton is a community that values small, locally -owned businesses, which also add to the economic vitality of the city. Small businesses are important for highlighting community character and catering to millennials and others that wish for a more urban lifestyle, as well as providing spaces for entrepreneurialism. 3.3 Ensure consistency between the City's existing regulations and policies and the 2020 Economic Development Strategic Plan for identifying and recruiting target industries. 3.3.1 Work with the Chamber of Commerce and Convention and Visitors Bureau to increase Denton's visibility among the identified target industry employers and their trade organizations. 3.3.2 Build partnerships between industry, local K-12, and post -secondary institutions (specifically TWU, UNT and NCTC) to design training and internship programs to provide the workforce for the identified target industry employers and entrepreneurs. 3-6 Fiscal and Economic Vitality 95 Fiscal and Economic Vitality] -r3 3.3.3 Actively recruit new business to the Denton Enterprise Airport, ECO-W.E.R.C.S., and UNT's Discovery Park area. 3.3.4 Develop public private partnerships to ensure adequate space for the growth of small businesses, entrepreneurs, and spin-off local businesses of the target industries' larger employers. Policies and Actions Workforce Development: According to U.S. Census Bureau's 2019 American Community Survey 5 -Year Estimates, the city's labor force is approximately 76,000, but only 68,304 residents are employed. Economic development programs specifically designed to attract growth industries may help raise the city's jobs -to -population ratio, and provide more employment opportunity for city residents. The at -place job/worker ratio is an indication of how well the residential workforce of an area meets the needs of the industries present in the area. Table 3.1 shows an estimate of jobs located in Denton in 2019, and an estimate of employed residents of the city. A job/worker ratio higher than one means there are more local jobs in a particular industry than there are residents employed in the industry, suggesting an opportunity for the city to facilitate conversations with the local higher education institutions to provide workforce development programs specific to local industry demands. For industries like Manufacturing and Educational Services, which have more jobs located in the city than there are employed residents in the industries, Denton should support workforce development programs designed to train the needed workers for these important industries. From an economic development standpoint, ratios less than one present opportunities for business recruitment by demonstrating a residential workforce with specific industry experience. For the growth -oriented industries including Information, and Professional, Scientific and Technical Services Denton can demonstrate a ready workforce to serve incoming or start-up businesses. Table 3.1. City of Denton Employment Profile, Count of Jobs and Workers by industry Job/Workers Ratio* Total All Jobs Agriculture, Forestry, Fishing and 29 113 0.26 Hunting Mining, Quarrying, and Oil and Gas 16 348 0.05 Extraction Denton Plan 2040 3-7 96 iUAA uo4-o Utilities 325 433 0.75 Construction 2,157 3,272 0.66 Manufacturing 8,261 4,725 1.75 Wholesale Trade 1,361 2,970 0.46 Retail Trade 6,663 7,345 0.91 Transportation and Warehousing 1,750 3,058 0.57 Information 418 1,167 0.36 Finance and Insurance 1,134 3,182 0.36 Real Estate and Rental and Leasing 938 1,241 0.76 Professional, Scientific, and 2,159 4,290 0.50 Technical Services Management of Companies and 282 997 0.28 Enterprises Administration & Support, Waste 2,672 4,459 0.60 Management and Remediation Educational Services 19,563 10,200 1.92 Health Care and Social Assistance 8,673 7,456 1.16 Arts, Entertainment, and Recreation 389 931 0.42 Accommodation and Food Services 7,070 7,219 0.98 Other Services (excluding Public 1,505 1,731 0.87 Administration) Public Administration 2,939 2,143 1.37 *A job/worker ratio higher than one means there are more local jobs in a particular industry than there are residents employed in the industry. Source: OnTheMap, Job Count by NAICS Industry Sector, Employment Statistics: Denton Work Area Profile, Denton Home Area Profile, 2019; https://onthemap.ces.census.gov/ Any strong economic development strategy for the City must include a workforce training component to ensure new graduates and all residents have the skills needed to serve the local industries. A well-educated labor force is critical for successful business attraction and retention. 3-8 Fiscal and Economic Vitality 97 Fiscal and Economic Vitality 1 3� Developing an educated labor force begins with early education for city youth and continues to serve all age and skill levels of the labor pool. In addition to working with public and private educational institutions to provide high-quality targeted education programs, the economic development strategy encourages regional connections to create opportunities for local industries to partner directly with the educational institutions to develop workforce training curricula that meet the tiered skill demands of local employers. The percentage of residents who are 25 years old or older and have a bachelor's degree or higher is 39%. While the percentage of residents 25 years old or older that have a bachelor's degree is lower than the county at large, the percentage has increased since 2015. The two state universities, University of North Texas and Texas Woman's University and North Central Texas College — create an educational environment in the community. Combined, there are over 50,000 students enrolled in these universities. While Denton has potential for economic growth, the focus on increasing the number of Denton residents who both live and work in the city should continue. The graphic to the right shows the inflow and outflow of employees in Denton in 2018, the most up-to-date data available from the U.S. Census 2019 American Community Survey. As the figure shows, the majority of Denton's employed residents commuted to other cities for work. As the 2020 Economic Development Strategic Plan notes, residents mostly commute to other cities in the Dallas -Fort Worth area. Conversely, almost 30,000 people commuted into Denton for work. Approximately 10,000 people who both resided and worked in Denton. Employee Inflow -Outflow The graphic shows that approximately 79,000 individuals were employed in Denton in 2018. Among those, 38% traveled into Denton to work and 13% were residents. This is similar to commuting statistics for 2015, suggesting a trend � and the need for better employment opportunities N in the city. In 2015, there were approximately 71,000 people working in Denton — 39% of workers I ' (LCing Employed in the City Living in the City of of Denton Living Denton Employed outside the City Outside the City commuted into Denton to work, while 15% were source: Census SureuuoarheMap,2018 both living and working in Denton. 3.4 Improve the workforce opportunities for the resident labor force and local university graduates. Denton Plan 2040 3-9 98 10,37B I Residents O Living and Working LV Employed in the City in the City of penton Living in the City of of Denton Living Denton Employed Outside the City Out,the City t 11929 +88 +50691 The graphic shows that approximately 79,000 individuals were employed in Denton in 2018. Among those, 38% traveled into Denton to work and 13% were residents. This is similar to commuting statistics for 2015, suggesting a trend � and the need for better employment opportunities N in the city. In 2015, there were approximately 71,000 people working in Denton — 39% of workers I ' (LCing Employed in the City Living in the City of of Denton Living Denton Employed outside the City Outside the City commuted into Denton to work, while 15% were source: Census SureuuoarheMap,2018 both living and working in Denton. 3.4 Improve the workforce opportunities for the resident labor force and local university graduates. Denton Plan 2040 3-9 98 UR6 AURA uo4-o 3.4.1 Facilitate partnerships between private industry, the public and private schools, and industry and trade groups to support business recruitment and expansion efforts. 3.4.2 Strengthen partnership and collaboration with the universities to grow workforce development opportunities between the educational programs, the Denton Enterprise Airport, and the aviation/aerospace industry. 3.4.3 Recruit highly skilled talent and high-growth Educational Attainment, businesses to grow as a high-tech employment Bachelor's Degree or Higher 2015 & 2019 hub. 3.4.4 Partner and collaborate with UNT, TWU, and North Central Texas College (NCTC) to connect employer needs with degrees and programming. 3.4.5 Encourage local businesses to develop internship programs to support local students and recent graduates. Policies and Actions Tourism and Entertainment in Denton: 3% v LI 2015 2019 City of Denton 2015 2019 Denton County Note: For residents 25 years or older Source: AC55 year Estimates, 2M5 & 2019 Denton is a growing city with "small town" charm and hospitality. Organizations like the Denton Main Street Association (DMSA) have a focused mission to preserve the historic charm, and to support the small, often locally owned, businesses that define Downtown as a destination for shopping, dining, and entertainment. As the economic and workforce development goals seek to grow Denton's population and economic activity, it is important to support efforts to preserve the heritage and economic activity that define the small-town character celebrated by Denton's citizenry. As host to two growing universities and a high-capacity municipal airport, Denton has a higher than average visibility outside its immediate economic region. The city captures national attention as a high-tech hotspot, and for a flourishing music entertainment scene. These are unique assets for the city. They provide excellent opportunity for the City to market itself as a tourist destination. As part of a comprehensive economic development strategy, the national attention provides an opportunity to grow the economy. Tourism is about attraction and retention. Lake Ray Roberts, Lake Lewisville, the Greenbelt Corridor, and annual events and festivals play an important role in attracting visitors to Denton. Every effort 3-10 Fiscal and Economic Vitality 99 Fiscal and Economic Vitality] -r3 should be made to preserve these amenities, and to build links between recreation, entertainment, and economic activity in Denton to attract more visitors and extend their time spent in the city. Capitalizing on Denton's unique assets will require a well-designed branding and marketing campaign to attract visitors. Once attracted, it is equally important for the City to implement a placemaking strategy to help define and celebrate Denton's character, while helping visitors navigate the city and experience as much as possible. A well-designed placemaking strategy is one component of a comprehensive economic development strategy and an external marketing campaign. It uses the City's marketing and branding imagery to celebrate Denton's amenities and help visitors navigate the city. It will support the mission of key organizations by highlighting the diversity of retail, dining, and service offerings. It will improve circulation by highlighting the options for pedestrians and cyclists, which also supports vibrancy of commercial activity. As the future land use development pattern evolves to create multiple district centers in Denton, it will be important for a well-designed branding and placemaking strategy to help define districts with unique character while unifying all of Denton under a larger marketing campaign. 3.5 Create a citywide branding and placemaking strategy that is consistent with the design standards of approved documents. 3.5.1 Use innovative placemaking, wayfinding, greenway, and gateway strategies to define the City and welcome visitors, with the goal to extend time spent in the City. 3.5.2 Market, promote, and support the diversity of industry presence in Denton and the opportunity for industry cluster growth. 3.5.3 Market, promote, and support the Arts, Music, and Recreation industries in alignment with the designated arts and cultural district. 3.5.4 Implement the pedestrian and bicycle linkage component of the 2020 Denton Mobility Plan to increase access and visitation to recreation, retail, and entertainment districts. 3.5.5 Develop and implement a strategy to centralize and coordinate, but not standardize communication and marketing efforts among all City departments and entities. 3.5.6 3.6 Work with organizations to design, promote, and advertise events for Downtown. 3.6.1 Support efforts to preserve and promote the history of Downtown through the implementation of the 2019 Historic Preservation Plan and the work of the City's Historic Preservation Officer. 3.6.2 Work to support the small, local businesses that create vibrancy in the Downtown and serve as destinations within the city. Denton Plan 2040 3-11 100 AURA uo4-o 3.6.3 Actively promote historic preservation to increase economic, cultural, and educational diversity. 3-12 Fiscal and Economic Vitality 101 Fiscal and Economic Vitality] -r3 Fiscal Vitality: Fiscal Impact Analysis: Several assumptions about development were made to complete the FIA and present a fiscal picture for the City through the plan horizon that continues to frame the policies and actions of this Element. The FIA evaluated the fiscal impacts that can be anticipated each year of the plan horizon as well as the cumulative fiscal impacts over the planning horizon timeframe. The FLUM effectively acknowledges the conclusions of the FIA and enacts and affirms policies in centralizing land use to ensure a more compact urban form. The City is in the process of acquiring a fiscal impact tool that can be used to estimate proposed development revenues and expenditures . Fiscal impact analyses enable a city to estimate the difference between the costs of providing services for new development and the taxes, user fees, and other revenues generated by new development. The intent of a FIA is to guide policy decisions regarding revenue enhancements, and maintaining community facilities and services in keeping with growth, otherwise known as levels of service. The FIA examined revenue generation, and operating and capital costs to Denton associated with the provision of public services and facilities to serve the new residential and nonresidential development projected by each growth scenario. It includes all direct revenues and costs associated with each growth scenario. All General Fund, Debt Service Fund, Recreation Fund, and Street Improvement Fund revenues were evaluated. Only revenues in these funds increase due to growth and were, therefore, included in this analysis. The FIA showed direct revenues and costs from new development only and did not include revenues or costs generated from existing development. The methodology used in, and major conclusions of the FIA are detailed in the fiscal impact report provided as an appendix to this Comprehensive Plan. The first step in creating a fiscally sound future is to understand the existing financial structure of the City. The understanding of the City's revenue sources and financial structure are described below. Local Revenue Structure: Denton provides and maintains an extensive capital inventory, including public facilities for government, parks and recreation, public safety, utilities, and roads. The ability of the City to continue to maintain and expand these services and facilities to serve growth — known as levels of service — depends on a pattern of development that maximizes efficiency and revenue available for continued investments. A diverse revenue structure sufficient to meet the needs, and flexible enough to advance the community and economic goals of the City is important to achieving fiscal vitality. Budget and Financing: Denton Plan 2040 3-13 102 alp.9 �tll��F llofio In order to finance all facilities, infrastructure, and services, the City must budget for all expected expenditures based on annual revenues and any fund balances carried over from the previous fiscal year. The balance of revenues to expenditures is a complex process of extensive scope, the details of which are best reviewed in either the City's annual budget or comprehensive financial annual reports. Sources of Revenue: The General Fund is the primary mechanism to manage operations in the City. Additional sources of revenue for the General Fund include building, permit, inspection, and other service fees assessed to offset the operational costs of its Neighborhood Services Departments. Cities in Texas have an array of revenue sources available to them, the most substantial of which are usually sales tax, utility revenue, service fees, and property taxes. When levied and allocated in a fiscally responsible manner, these and other revenue streams can help Denton advance the economic and community development goals identified in the comprehensive plan. The balance of tax, fee, and user rates is a complex process of extensive scope, the details of which are best reviewed in either the City's annual budget or comprehensive financial annual reports. A brief discussion of the City's current rates follows. Property Tax Home -rule cities, like Denton, with a resident population of 5,000 or more, have the statutory authority to levy property tax of up to $2.50 per $100 of assessed value. According to 2013 data provided by the Texas Comptroller of Public Accounts, a quarter of the over 1,200 municipalities tracked by the state office have higher property tax rates than Denton. Sales and Use Taxes Cities may impose a sales and use tax rate of one (1) percent, which can be used for any purpose except securing the payment of bonds or other indebtedness. Most incorporated cities may impose a sales tax for property tax relief. Revenues are deposited into a City's general revenue fund and the local sales tax must reduce the effective property tax rates within the City. Many cities also impose additional sales taxes, known as "dedicated taxes," in varying amounts of up to one cent for specific purposes, such as mass transit, street maintenance, economic development, and sports venues. However, each municipality is restricted to a maximum, combined sales and use tax rate of two (2) percent. Incorporated cities may create special districts and use sales taxes to fund them. Special districts include a crime control and prevention district; a fire control, prevention, and emergency medical services district; a municipal development district; and a municipal management district. Municipal Development District - Municipalities in Texas, subject to the Texas Local Government Code, may establish a municipal development district to plan, acquire, establish, develop, 3-14 Fiscal and Economic Vitality 103 Fiscal and Economic Vitality] -r3_ construct, or renovate one or more development projects beneficial to the defined district. A district may perform any act necessary to the full exercise of the district's powers; accept grants and loans; acquire, sell, lease, convey, or otherwise dispose of property or an interest in property, including a development project, under terms and conditions determined by the district; and employ necessary personnel. To fund the district, a sales and use tax can be levied, subject to voter approval and subject to the limitation that all local taxes may not exceed two (2) percent. Additionally, a district may issue bonds, including revenue bonds and refunding bonds, or other obligations to pay the costs of a development project. As Denton evolves towards a compact development pattern, a municipal development district, or other special taxing district may be a fiscally responsible mechanism for raising revenue for necessary capital expansions to accommodate growth. Other Taxes Cities have authority to levy a tax on a person who pays for a room at a hotel. These funds may only be used for specific purposes defined by statute. Other taxes available to cities include mixed beverage tax, a cemetery tax, a coin-operated machine tax, and venue taxes. Franchise Fees Cities may collect fees from private utilities and other industries for the use of city property necessary to distribute their services. Examples include electric, gas or water, cable and video, or telecommunications franchise fees. User Fees Cities may collect user fees, which are charges collected for the use of city services, including city facilities and building permits. User Fees are designed to offset the operating costs associated with providing certain municipal services like building inspection and permitting, and recreation programs. They are allocated to the General Fund. Utility Fees Cities may collect utility fees, which are charges collected for utility service. Denton provides water, sewer, electricity, and solid waste services for the City. Impact Fees Cities may require new development to make a one-time payment necessary to fund system improvements needed to maintain current levels of service. An impact fee represents new growth's fair share of capital facility needs. By law, impact fees can only be used for capital expansions, not operating or maintenance costs. Impact fees are subject to legal standards, which require fulfillment of three key elements: need, benefit, and proportionality. First, to justify a fee for public facilities, it must be demonstrated that new development will create a need for capital improvements. Second, new development must derive a benefit from the payment of the fees (i.e., in the form of public facilities constructed within a reasonable timeframe). Third, the fee paid by a Denton Plan 2040 3-15 104 alp.9 �tll��F llofio particular type of development should not exceed its proportional share of the capital cost for system improvements. The City of Denton assesses a parks and recreation impact fee, roadway impact fee, and utility impact fees for Water and Wastewater facilities. The City established a road impact fee in 2015 that was needed to fund planned expansions of the city -maintained road network in order to accommodate the additional vehicle miles of travel (VMT) anticipated with new development. The Roadway Impact Fee Fund was established in FY 2015-16, and in FY 2020-21, the budget Included revenues of $3.0 million, but additional roadway expenditures are still needed in the amount of $2 million. Fiscal Impact Analysis Results: Using the financial assumptions described above, the FIA evaluated the alternative growth scenarios, as described in the Plan Framework, to understand the potential benefits and costs of different land use patterns. Each growth scenario evaluated a consistent projection of housing units, population, nonresidential building area, and jobs through the year 2030. The location and types of residential and nonresidential development were varied by growth scenario to illustrate the possible future development pattern for the City and its impact to fiscal operations. Following the creation of the Preferred Growth Concept, it was similarly evaluated to determine its potential fiscal impact. As a representation of the community's preferred growth pattern, and a conceptual depiction of the FLUM, the Preferred Growth Concept provides a lens into the actual fiscal implications to the City's future, and thus provides a means for determining policies and actions for fiscal sustainability. The Preferred Growth Concept yielded a cumulative net surplus to the City, when comparing available and projected resources to projected costs over the plan horizon. This takes into consideration operating revenues and costs as well as capital revenues and costs, and balances the results. Over the plan horizon, dedicated capital revenue generated by new development is not sufficient to cover the necessary capital expansions to maintain levels of service for new development, as the only dedicated revenue for capital needs in Denton is a portion of the property tax. Regardless of the deficit for capital needs, the cumulative fiscal impact of the Preferred Growth Concept is a surplus. Annual fiscal impacts were also evaluated to reflect revenues and expenditures each year during the analysis period. Each year reflects total revenues generated minus total expenditures incurred in the same year, including both capital and operating costs. By showing the results annually, the magnitude, rate of change, and timeline of deficits and revenues can be observed over time. Data points above the $0 line represent annual net surpluses; points below the $0 line represent annual net deficits. Each year's net surplus or deficit is not carried forward into the following major conclusions were drawn from the FIA: 3-16 Fiscal and Economic Vitality 105 Fiscal and Economic Vitality] -r3_ Local Revenue Structure. The Preferred Growth Concept assumes that in the plan horizon, the City would add 93,951 new residents, which equates to 75 percent of its existing population, and would more than double the square footage of nonresidential development. This significant growth generates positive cumulative net fiscal results. Revenue generated by the Preferred Growth Concept includes significant sales tax revenue projected based on the amount of retail square footage. Levels of Service. Capital expenditures are modeled based on maintaining citywide levels of service thresholds per capital investment, and levels of service by sub -area of the city. If excess capacity exists in an area, the analysis assumes the excess will serve some new growth before additional capital investments are made to meet population demands. For example, the Preferred Growth Concept takes advantage of existing parkland with the capacity to serve some new development located nearby, therefore requiring fewer new acres for City Park and Community Park development to serve the compact development pattern. Road construction was projected using a marginal approach, based on the average capacity of city -maintained arterial roadways and vehicle miles of travel (VMT) generated from new growth. Road expansion projects represent the largest cumulative capital expense category, but savings are achieved by the compact development pattern, based on the assumption that density will increase the market feasibility of multi -modal options. Demographic and Market Characteristics of New Growth. The results identify cost savings of increasing development densities. Cumulative operating and capital expenditures decrease as development density increases. The ability to utilize excess capacity in existing capital facilities before building or acquire new infrastructure results in significant capital savings. Accordingly, some operating expenditures, like additional Personal Services, are not incurred at the same rate as when development expands to the periphery. The policies and actions of this Element were informed by the conclusions of the Fiscal Impact Analysis, which are geared to create a more fiscally sustainable future for Denton and ongoing fiscal and economic vitality. Policies and Actions Revenue Enhancement: The city is fortunate in that it has three significant growth -related revenue sources (1) property tax, (2) sales tax, and (3) franchise fees, from which to fund services and facilities. The City benefits further from the generation of sales tax revenue not only from retail development, but also from office and industrial space. Denton Plan 2040 3-17 106 alp.9 �tll��F llofio According to the FY 2020-21 budget, sales tax (i.e., other local taxes) revenue is 30.0 percent of revenue directed to the General Fund. The development pattern of the Preferred Growth Concept is designed to create vibrant live/work/play districts. As more residents, workers, and visitors spend time in the City there will be an increased demand for commercial establishments including retail, dining, hotel, arts and entertainment venues. This increase in potential sales tax revenue, along with the Ad Valorem property tax revenue potential from new development, and increases in franchise fees demonstrates how the land use pattern directly affects the revenue stream to the City. 3.7 Maintain a balance of revenue sources that supports desired levels of service, while remaining inviting to development. 3.7.1 Charges for services and other city revenues will be examined annually during the budget process and adjusted as deemed necessary by the governing body to respond to cost increases or any other changing circumstances. 3.7.2 The City's revenue and expenditure balance will be evaluated annually during the budget process and set by City Council considering the level of services required for the implementation of plan policies, actions, and priorities in the Comprehensive Plan. 3.7.3 Analyze each proposed development in the city relative to projected revenues and expenditures. Factors Influencing the Fiscal Sustainability of Land Use In addition to the local revenues discussed above, other factors influencing the fiscal results of different development patterns in the City include: ■ demographic and market characteristics of new growth, ■ fiscal hierarchy of land use, ■ services provided and levels of service, and ■ capacity of existing infrastructure. Demographic and Market Characteristics of New Growth: Next to a community's revenue structure, no other factor has as great an impact on the net fiscal results as the demographic and market characteristics of different land uses. Examples of demographic and market variables for residential development include average household size, market value of housing units, trip generation rates, density per acre, and average household income. Important demographic and market characteristics for nonresidential development 3-18 Fiscal and Economic Vitality 107 Fiscal and Economic Vitality] -r3_ include square feet per employee, trip generation rates, market values per square foot, and floor area ratio. Fiscal Hierarchy of Land Use: Examples of the revenue and expenditure balance of land uses in Denton include: ■ The City collects property tax and sales tax from retail establishments, but of the nonresidential land uses, retail typically has the highest operating and capital demands. Retail generates the highest number of vehicle trips, stressing the street infrastructure, and has higher rates of public safety calls compared to other nonresidential land uses. ■ Low-density residential generates higher property tax revenues per unit, but requires extension and maintenance of streets, water, and utilities to reach greater distances than higher density clustered development. Sprawling, single-family residential development generates more and longer vehicle trips per housing unit than multi -family residential; and on average has more persons per household than multi -family development, generating more demand for public safety, parks, libraries and other city services. ■ A large proportion of current demand for police services is generated from multifamily residential development, which generates the least per unit tax revenue. On average, no single land use provides a strictly positive fiscal result. The Preferred Growth Concept encourages a balanced development pattern to mitigate the financial implications of each land use type. Levels of Service: The current or planned levels of service (LOS) provided to the community for various operations and infrastructure have a significant fiscal impact on Denton. Existing levels of service are facility or service standards currently being maintained and funded through the budget (e.g., park acres per capita, or lane miles of roadways per vehicle miles of travel). This is an important factor since levels of service generally vary from city to city, by community, and over time, and can therefore affect development patterns and fiscal sustainability. Variations in LOS result from both natural fluctuations in new development and capital improvement programs, or by direct action to accept a lower LOS (e.g., municipal staff layoffs) or planned action to invest in a higher LOS (e.g., adding sufficient lane miles to raise the system -wide LOS). Capacity of Existing Infrastructure: The capacity of existing infrastructure in Denton has implications for the fiscal sustainability of new development. While the roads in the developed core are reaching capacity, those extending out to the periphery have excess capacity available to serve new growth. In comparison, there is existing park acreage available to serve growth in the developed core, but insufficient land to serve development in the periphery. In either of these situations, and others like them, understanding the Denton Plan 2040 3-19 108 alp.9 �tll��F llofio abilities and constraints of existing infrastructure is important to crafting a fiscally sustainable growth plan. During the Denton 2040 Comprehensive Plan community outreach process, the community reaffirmed concern about the decreasing level of service of existing roadways in the development core, meaning vehicle miles of travel on the existing roadways is increasing faster than new lane miles of capacity are being added. The City maintains 170 lane miles of minor arterial roadways. Based on vehicle miles of travel (VMT) generated from existing development, the current level of service is 0.14 lane miles per 1,000 VMT. This is the established level of service for the entire system; however, the City recognizes specific areas of the City, like the developed core, host a larger share of VMT per lane mile than roadways along the periphery. In response to community feedback, the Comprehensive Plan presents policies and strategies to provide a better and more uniform level of service for all city roadways. The community also expressed an interest in more multi -modal roadways with greener infrastructure, improved walkability, and more bike lanes. Such improvements involve costs beyond that of enhancing vehicle capacity, but would offset some auto -centric needs and will be reflected in the goals, policies, and actions pertaining to this Element. Infrastructure Investment — Levels of Service: The Preferred Growth Concept reflects the outward expansion of the city's development. While this is necessary to provide the diversity of development options desired in the community, it requires costly capital expansion of infrastructure and services. The Comprehensive Plan identifies financial policies, like adopting additional development impact fees, to ensure those requiring the expansions of services are baring the cost to provide a consistent level of service to all development in the city. For example, public safety response times are an important indicator of service delivery and capital needs. As development in Denton expands outward, the Denton Fire Department will require new stations and capital equipment to maintain levels of service. Therefore, as development intensities shift, citywide levels of service must be constantly monitored to ensure the efficient use and allocation of all capital infrastructure and equipment. 3-20 Fiscal and Economic Vitality 109 Fiscal and Economic Vitality] -r3_ Sprawling growth patterns require large capital investments to add new miles of utility and roadway infrastructure, and additional public safety facilities and equipment to maintain established response times. On the other hand, increased intensity of development in the city core makes use of existing infrastructure's excess capacity, and the ability to share facilities like developing schools next to parkland. The compact development pattern of the Preferred Growth Concept balances needs for capital expansion, maintenance, and service delivery with the development options desired in the community. It encourages a development pattern that will achieve cost savings by maximizing existing capital facilities, generate revenue from new commercial activity and a diverse housing stock, and increase the market feasibility of multi- modal circulation. What seiYices does the City of aenLDn provide? ThNTdWrhq=aarl=12 MUV oFGeun Pra'1M Mln1eL wa wrl Wast"awr UoLllles I1ILLUdu5; r Zuw 13P0nLiumx ■1112rton2la1 paomthns t hralnaee • Streets s TuRcf5um Ll phiiag . * EnpnooLing To achieve the built environment envisioned by the community, the City must be proactive in the design of new development to ensure the fiscal sustainability of new growth. For example, the development pattern proposed by the Preferred Growth Concept results in some capital savings as a result of a decrease in vehicle trips as density increases. Given the location of proposed residential development in the Preferred Growth Concept, the City can maximize the use of already developed City and Community parks, therefore necessitating fewer new acres than would be required to maintain the LOS to serve the current growth pattern. 3.8 Integrate land use and infrastructure investment decisions to maximize utilization of existing infrastructure. 3.8.1 Explore adequate public facilities and green infrastructure requirements in coordination with land use policies and open space conservation. ( 3.8.2 Implement the 2020 Mobility Plan to improve multi -modal circulation, such as more bike lanes and greater walkability, as an alternative to increasingly costly auto -oriented capital investments. Denton Plan 2040 3-21 110 Plannlag $Development ■ ppParkswrth-4maParkAans Inrw„�a•. ■ }U TiLil s tia'�ern.nerttalSer:Ices: tEmlldlnEln�pecuon • 7 Aro •31at1oni • Ubrary ` Cade krlarceeKnt ■ sPaUaSLa>;lon • tle.uic oGwartans . CwnP"WLbrubprRDK ■ 6.94E Mm UgAm • €n4Nanmanak Sarvlras + R nefag 'GaflYdtilsp■eHm ■ 7 LanshOmofSLyats •1,1`ilasjLVs�awahpriktiidax ............. ■596 M11m afWalvrMa a +Perks ti RUniatla pnllr r Inc 1,10 ■ �JllgaauillrziL�aterMaitLs • PlannInga.�wphpmunl . ................... 4r t14nIn415errIm • d.9 01111on 'Salons A Wyter PmduCLran •RAA ....,...,,...... .................: SclldWasLeInLLades; ■ 5plltlM4Aripind90WXSYIWN +suuawssrnapar�tlens••••,••••••••••••• ■Laom ■ 14i$ ELLiF:1 ..r 24R :F; ii2 + T4anspo1120un "ClIml �pb�ros ' AlUm • FmWw1dW ia#K*ns . um rw orrompmaat ■ CnaHWdd CaSeoUM A To achieve the built environment envisioned by the community, the City must be proactive in the design of new development to ensure the fiscal sustainability of new growth. For example, the development pattern proposed by the Preferred Growth Concept results in some capital savings as a result of a decrease in vehicle trips as density increases. Given the location of proposed residential development in the Preferred Growth Concept, the City can maximize the use of already developed City and Community parks, therefore necessitating fewer new acres than would be required to maintain the LOS to serve the current growth pattern. 3.8 Integrate land use and infrastructure investment decisions to maximize utilization of existing infrastructure. 3.8.1 Explore adequate public facilities and green infrastructure requirements in coordination with land use policies and open space conservation. ( 3.8.2 Implement the 2020 Mobility Plan to improve multi -modal circulation, such as more bike lanes and greater walkability, as an alternative to increasingly costly auto -oriented capital investments. Denton Plan 2040 3-21 110 p1 RP,. Llo�o 3.8.3 Implement the pedestrian and bicycle linkage component of the 2020 Denton Mobility Plan to lessen the impact of urban center development on existing street facilities and to increase access to existing park and recreational facilities with capacity to serve new growth. 3.8.4 Use Comprehensive Plan to inform the City's CIP and other infrastructure master plans regarding adequate levels of service. 3.8.5 Encourage more dense development where water/sewer infrastructure has existing excess capacity, and define what level of development can be served by septic and well infrastructure. Infrastructure Investment — Planning and Financing: The continual need to improve the roadway network remains a capital issue and the City needs to work with all internal departments, regional partners, and private parties to identify the most cost- effective balance of system expansions and maintenance. For example, the Denton Mobility Plan, updated in 2020, identifies opportunities to create "complete streets" concepts that if implemented, through the Capital Improvement Program, can extend the life of existing transportation infrastructure by providing alternative circulation options to both existing and new development. The desired development pattern will not design away the automobile, but rather provide an alternative for short distance trips. A focus on multi -modal infrastructure and Context Sensitive Solutions will reduce demand for the construction of new lane miles, add more and wider sidewalks, and use landscaping, roadway marking, textured crosswalks, and dedicated bike lanes to calm traffic. Planning for multi -modal and Context Sensitive street design in defined districts will complement the distinctive character of the neighborhood while providing easy connections to other areas of the city. The City must work with developers to secure necessary rights-of-way and to construct portions of the network through all new development according to these standards. The City is severely constrained as to the amount of revenue available for support of capital improvements needed to serve new development. The City's primary funding source for capital infrastructure is General Obligation bonds, which are financed over a period of 20 years, and paid back through property tax revenues. The only other sizable source of funding for infrastructure needs is the dedication of franchise fees revenue to the Street Improvements Fund. However, these funds go to maintenance services necessary to provide a safe and reliable existing transportation system. Because the current revenue sources available to the City to fund capital improvements to serve new development are so limited, the City should continue to consider and move forward with alternative financing sources such as impact fees for growth -related infrastructure, particularly for roads, new facilities, and parks and recreation. 3.9 Update the Capital Improvement Plan (CIP) annually to prioritize the implementation of the Comprehensive Plan, 3-22 Fiscal and Economic Vitality 111 Fiscal and Economic Vitality f 3 3.9.1 Evaluate existing levels of service for all capital infrastructure to identify existing deficiencies and excess capacities. 3.9.2 Maintain public facilities and services to provide established levels of service to new development. 3.9.3 Implement the policies and actions of the 2020 Mobility Plan to transition to a multi -modal transportation network as a means to balance demands on existing infrastructure and extend the life of transportation infrastructure. 3.9.4 Develop, fund, and implement the annual CIP consistent with the Parks, Recreation and Trail System Master Plan. 3.9.5 Use the CIP to prioritize and fund capital expansions necessary to accommodate the preferred development pattern, including Context Sensitive street design. 3.9.6 Engage a Bond Committee in the annual CIP update process. 3.9.7 Explore the feasibility of conducting a robust community outreach and engagement program to promote establishing or increasing impact fees for needed public services and infrastructure, including roads, public safety enhancements, parks and recreation facilities, and libraries. 3.9.8 Utilize the Comprehensive Plan to determine which improvements should take priority in the CIP. Future Fiscal Impact Analyses: The Comprehensive Plan emphasizes the community benefits achieved from re -investment, revitalization, and redevelopment of key corridors and centers. There are structural entities available to help manage implementation of the City's vision of a vibrant developed core, including special taxing districts, development corporations, and authorities). However, there are important financial implications to each type of implementation mechanism. Future fiscal impact analyses would assist the City in understanding the fiscal implications of creating any new entity, and of development in a designated focus area of the City. The City should utilize the fiscal impact tool for development reviews and land use decisions. 3.10 Utilize fiscal tools that incentivize development while offsetting its cost to the community 3.10.1 Establish procedures for conducting fiscal and economic impact analyses to evaluate the potential short and long-term impacts of future annexations and other land use decisions. 3.10.2 Conduct fiscal and economic impact analyses to ensure the fiscal benefit or neutrality of future tax abatement agreements and special districts. Denton Plan 2040 3-23 112 p1 RP,. Llo�o 3.10.3 Use the benefits of economic incentives to direct continued investments at the Denton Enterprise Airport and surrounding industrial district. Infill Development/Redevelopment: Denton Plan 2040 highlights the community's desire to encourage infill development and redevelopment as a means to slow outward growth, create vibrancy in commercial districts, and reinvest in and stabilize certain districts and neighborhoods. These goals are first and foremost a matter of land use, but elements pertaining to infill are discussed throughout the Plan. With respect to fiscal impacts, infill development takes advantage of existing public infrastructure like parks, streets, water, and utilities by focusing growth in vacant or underutilized property that already has access to public services and infrastructure and so requires less investment. Properly designed infill and redevelopment projects restore continuity to neighborhoods and typically increase property values of adjacent properties and surrounding neighborhoods. 3.11 Review and adopt land use regulations to support infill development and redevelopment efforts in the developed core. 3.11.1 Reference the Comprehensive Plan fiscal impact analysis to demonstrate the fiscal impacts of development as prescribed by the Preferred Growth Concept. 3.11.2 Encourage high-quality infill development and redevelopment in potential development sites where infrastructure exists. 3.11.3 Utilize the fiscal impact tool to review infill development and redevelopment projects and report findings in staff reports to City Council. Residential Diversity: The Denton 2040 Comprehensive Plan update process i confirmed a desire for greater intensity of development in identified areas with the capacity to absorb such growth. The Comprehensive Plan presents strategies to introduce a more diverse mix of land uses, which may balance revenue sources, and demands on necessary public services. For example, encouraging smaller residential units built closer to existing services and amenities lessens the need for costly capital expansion, and provides a better array of housing options for the growing workforce. Increasingly the workforce is looking for smaller units in live/work/play districts providing direct access to the cultural amenities of vibrant communities. The existing housing stock of Denton is dominated by single-family units and aging multi -unit structures. With two growing universities and a college, Denton's housing stock must accommodate a young and mobile population with affordable housing options. Increased residential diversity, as discussed in the Housing and Neighborhoods Element, will increase residential densities where appropriate to increase neighborhood vibrancy. Residential policies seek to increase residential variety and market range by encouraging development of smaller single-family houses and townhomes, and residential areas in mixed-use structures. Based on a sample of residential development in the last decade, the housing stock is already improving. As 3-24 Fiscal and Economic Vitality 113 Fiscal and Economic Vitality] -r3 the Comprehensive Plan vision materializes, and the development pattern evolves to be more compact with multi -modal circulation options and live/work/play diversity, the FIA assumes market and assessed values of new development will increase over existing values. The City must actively collaborate and partner with developers to provide market feasible projects that offer the range of housing, workspace, and community options desired by the community and workforce, while ensuring at least fiscal neutrality. 3.12 Encourage more dense development to increase market feasibility and create vibrancy. 3.12.1 Reference the Comprehensive Plan fiscal impact analysis and the 2021 Affordable Housing Need & Market Value Analysis to define and direct a residential development pattern that is at least fiscally neutral. 3.12.2 Work with developers to increase the stock of owner -occupied smaller residential units. 3.12.3 Make multi -modal infrastructure investments to lessen the need for parking facilities and auto -centric circulation improvements. 3.12.4 Use existing and new public facilities such as parks, schools, and libraries as neighborhood anchors and activity centers. Development Partnerships and Coordination: The Land Use Element describes how the community could develop over the course of build -out, which is not expected for several decades. The Land Use Element describes potential increases in allowable development densities as reflected in the Preferred Growth Concept, and the land use districts identified in the FLUM. The Preferred Growth Concept seeks to use areas of Denton with the infrastructure capacity to absorb additional development to support increased density, potentially creating a more fiscally balanced or profitable land use mixture. Given the revenue structure and capital demands of land uses in the City, the best means to maintain fiscal sustainability is to diversify and intensify the developed core. The Preferred Growth Concept and FLUM seek to maximize the use of available land in such a way as to efficiently use non -revenue generating land uses including federal, state, county, school district, city facilities, and social and community service organizations. Even though these land uses do not produce property taxes, these important entities and land uses serve the Denton citizenry, and play an important role in the community and in the economy. It is important that new development integrates with the existing community fabric, while helping to balance the fiscal impacts of all development. The Comprehensive Plan identifies strategies to improve coordination with other governmental entities with a physical presence in the city, and/or with authority to affect change in the City. 3.13 Improve partnerships and collaboration with other governmental entities to implement the goals of the Comprehensive Plan. Denton Plan 2040 3-25 114 p1 RP,. Llo�o 3.13.1 Ensure maximum efficiencies of all government facilities to minimize the use of land by non -revenue generating development. 3.13.2 Require that plans for new park facilities are coordinated with planning for other government facilities, and vice versa. Identify opportunities for clustering multiple public facilities together with parks and recreation facilities, including libraries, fire stations, and school sites. Policies and Actions Standards for Future Development: A primary goal of the Comprehensive Plan is to increase the standard and quality of future development throughout the city. While much of this depends on the role of the public sector and investment in public facilities, a great deal is influenced by private development. The character of private development is overseen by the development regulations and design review process within the City. In order to ensure that development meets the standards envisioned, the necessary zoning requirements and transportation criteria manuals must be updated to require the provision of facilities that support complete streets, multi -modal transportation, and public realm enhancements. Through this mechanism, developers will help contribute to necessary public service investments. 3.14 Work with developers to share the cost of necessary public service investments. 3.14.1 Establish multi -modal requirements for all new development to increase the share of pedestrian, bicycle, and transit infrastructure over personal automobile infrastructure. 3.14.2 Partner with developers to adopt regulations that implement streetscape design features like minimal curb cuts, buffered on -street parking, larger sidewalks with bump -outs, and on -street striping of bicycle lanes and cross -walks, to create vibrant and safe development districts. 3.14.3 Partner with developers to adopt regulations that secure parks and open space in all new residential and commercial centers to ensure adequate green space and multi -modal connections between developments. Impact Fees: Development impact fees are a land use regulation mechanism that allow municipalities to require developers make a one-time, per -development payment to fund the system improvements needed 3-26 Fiscal and Economic Vitality 115 Fiscal and Economic Vitality f 3 to maintain current levels of service. Impact fees are the tool used to ensure that a new development pays its fair share of capital facility needs. Currently, Denton has an impact fee for water and wastewater facilities parks, and roadways. Other impact fees such as a stormwater fee should be implemented. The Comprehensive Plan recommends consideration of future impact fees. 3.15 Establish dedicated revenues to fund necessary expansions of capital infrastructure to accommodate growth. 3.15.1 Complete and implement a Stormwater impact fee. 3.15.2 Explore the feasibility of establishing additional or more comprehensive impact fees for necessary public services including public safety, parks and recreation, libraries, and general government. Denton Plan 2040 3-27 116 A u A -k u ofio 4 � Community Character & Urban Design Community Character and Urban Design Overview Denton's unique community character is what sets it apart from neighboring communities. Denton prides itself on its iconic courthouse and Square, its welcoming and walkable Downtown core, its historic areas with turn -of -the -century estates, its diverse neighborhoods, and its funky, artsy culture in areas such as Fry Street and its arts and entertainment scene. Due to its history, location, and the influence of its universities, together with an artistic, musical, and entrepreneurial culture, Denton has become a destination within the DFW Metroplex and Texas for those in search of an authentic, diverse, affordable, and livable place. Denton also is home to many special events and cultural draws that attract thousands to visit the city, providing a thriving economic engine. Additionally, Denton is surrounded by a scenic rural setting and natural environment that speaks to the early days of North Texas, where agriculture and access to natural springs gave rise to the communities of today. This mix of elements provides the setting that makes Denton a unique place and is important to both retain and celebrate as Denton grows and moves forward into the next generation. As future development comes to Denton, it must be sensitive, adapting to the context of the community. Simultaneously, it must incorporate into new development the elements that will contribute to memorable places in the future, providing places for community gathering and future landmarks. In addition, it must identify opportunities for redevelopment that will revitalize the economic strength of the community, while maintaining those areas that are important to Denton's past and the character of its people. The Community Character and Urban Design Element has been developed to implement the long- range vision of the community with respect to identifying, preserving, maintaining, and creating character areas in the city. The intentions of the policies within this Element are to further the aspirations of the community articulated in the Community Vision Statement. Policies and actions apply to all development within Denton and its urbanizing area, as well as any future programming that the City of Denton may undertake as a result of the implementation of Denton Plan 2040. The public participation efforts of the 2040 Plan reconfirmed the focus of building community character and urban design for the City of Denton. Denton Plan 2040 4-1 117 alp.9 �tll��F llofio The policies of this Element will work in conjunction with all other Elements of the Plan focusing on: ■ Identifying and preserving distinctive neighborhoods, places, and historic resources in the city in order to celebrate their presence and ensure their long-term protection; ■ Promoting the character of Denton through expanded arts and culture programs and opportunities for placemaking and community interaction; ■ Encouraging high quality development that will respect and enhance the character and pride of Denton. ■ Preservation of open space and use of native trees and vegetation for beautification. Community Character and Urban Design in the Community Vision Statement The Character of Denton ■ Denton is authentic. Our small-town charm and, North Texas heritage are proudly embraced along with positive change, smart and balanced growth, and high-quality development. ■ Denton is fertile territory for creativity and innovation in our vibrant music and arts scene, technology, business, and education. Our People, Institutions, and Government ■ We cherish our artists and musicians and celebrate our community in local events and festivals that reflect the uniqueness of the community. ■ The City of Denton's institutions of higher learning, UNT and TWU, are partners with government, civic organizations, and local employers in initiatives to foster creativity in the arts, innovation, a strong economy, life-long learning, and the retention of the best and brightest. The Strength of Our Economy ■ We market our Denton "brand", our unique, creative atmosphere and small town quality of life, which attracts a highly educated and motivated workforce and gives Denton a competitive advantage in attracting new investment, entities, and well -paying jobs. Sound Growth: Strengthening Our Form and Function Throughout Denton we see... ■ Managed, balanced, and sustainable growth in high-quality, livable urban, suburban, and rural places which offer diverse choices among neighborhood settings while respecting private property rights. 4-2 Community Character & Urban Design 118 Community Character &Urban Design 4 In the core of Denton we see... ■ A vibrant Downtown Denton, energized with new housing, shopping, arts, and entertainment, supporting day and nighttime activity and a true urban lifestyle — Denton style. Established neighborhoods where revitalization and compatible infill development contributes to neighborhoods' stability, livability, and historic character, and fosters neighborhood pride and homeownership. Character Areas in Denton Distinctive Places in Denton There are a number of vibrant centers, cultural and shopping destinations, thriving universities and medical centers, as well as renowned entertainment events throughout Denton that contribute to the character of the city. These aspects of urban life add value to Denton's sense of place and contribute to the quality of life enjoyed by residents. As Denton grows and matures, protecting and enhancing these important areas, as well as encouraging future development that will contribute to urban vitality, creating memorable places, is essential to the continuation of its unique identity. This includes maintaining the strength of Denton's universities and medical centers and establishing focus areas for their continued expansion sensitive to surrounding uses. Distinctive places can take a number of forms. Any well-known area, landmark, or neighborhood can constitute as a distinctive place or character area. In many instances, these are associated with historic areas, but do not have to be. Some character areas that were identified in the planning process include: Downtown Denton, the Denton County Courthouse, the Civic Center area, the Oak -Hickory Historic District, West Oak Historic District, Bell Avenue Historic District, UNT and TWU, the Morrison's Corn -Kits building in Southeast Denton, Unicorn Lake, Robson Ranch, Rayzor Ranch, Denton Enterprise Airport, Texas Health Presbyterian Hospital Denton, Medical City Denton, and Med Park Station, Golden Triangle Mall, and multiple established residential neighborhoods. Character areas are neighborhoods, districts, or destinations which have distinct characteristics which can be found throughout the area. These characteristics could include related land uses, architecture, historic qualities, master plans or area plans. Identifying character areas is important because it helps pinpoint the areas that make Denton the community it is today and aids in understanding how to make memorable and enduring places for the future. Denton Plan 2040 recommends several actions that will help identify and understand the key distinctive places in the city. Historic Resources Historic resources are beloved features of the City of Denton, prized by the community, and key elements in Denton's sense of place. The continuation of the identification, designation, restoration, and preservation of unique and distinctive cultural, historical, and architectural features of Denton remains a priority as Denton grows. Denton Plan 2040 4-3 119 alp.9 �tll��F llofio Denton has a multitude of historic resources that are acknowledged by three mechanisms: the National Register of Historic Places, the State Register, and the local register. The Denton County Courthouse and the Denton County Courthouse Square Historic District are both on the National Register of Historic Places. The Denton County Courthouse Square Historic District is bounded by Pecan, Austin, Walnut and Cedar Streets. The Gregory Road Bridge at Duck Creek, the Fairhaven Retirement Home, and 19th Century Pottery Kilns of Denton County are also on the National Register. At the state level, the Texas Historical Commission holds several historic inventories: Recorded Texas Historic Landmarks, State Antiquities Landmarks, and Historic Texas Cemeteries. The Texas Historical Commission awards Recorded Texas Historic Landmark designation to buildings at least 50 years old that are judged worthy of preservation for their architectural character and/or historical associations. Listing in the National Register is a prerequisite for State Antiquities Landmark designation of a building or structure. Denton contains several of these designations throughout the city and surrounding county. Denton contains three historic districts and encourages the creation of conservation districts. Historic districts are areas in which historic buildings and their settings are protected by law and a public review process, designed to protect the most significant buildings and districts in the city. Inclusion in a historic district signifies that a property contributes to an ensemble that is worth protecting by virtue of its historic importance or architectural integrity. Conservation districts are areas containing groups of buildings that are together architecturally and historically distinctive. The establishment of a conservation district recognizes the design and architectural qualities of key neighborhoods and encourages their protection and maintenance for the benefit of the entire city. Guidelines for a conservation district are less stringent than those for a historic district. Denton's three neighborhoods that receive historic and design protection are the Oak -Hickory Historic District, the West Oak Area Historic District, and the Bell Avenue Historic District. While these districts are successful, development pressure adjacent to Downtown and the universities continues to threaten historic resources in Downtown and established residential neighborhoods. There are many other historic buildings and neighborhoods that have historic character and integrity in the city. In order to ensure that these resources are protected for the future, additional inventories and protection are required and recommended as outlined in the City of Denton adopted 2019 Historic Preservation Plan. Denton Main Street Program Downtown, one of Denton's prized historic resources and distinctive places, is protected and enhanced through the work of the Denton Main Street Program. The Main Street Program is a worldwide program to revitalize downtown areas. The Denton Main Street Program began in 1989, building from the model of the worldwide program, and since that time, there has been noticeable physical and financial improvements in the area, as well as accolades. Denton received designation as a Texas Historical Commission Outstanding Urban Main Street City in 1989 and received the National Trust for Historic Preservation Great American Main Street Award in 1999. 4-4 Community Character & Urban Design 120 Community Character &Urban Design 4 The Denton Main Street Association (DMSA) was established as a 501 (c)(6) non-profit organization to lead the program. Denton's Economic Development Partnership (DEDP) works in cooperation with the DMSA, with promotion, advertising and events for Downtown funded by the private sector through sponsorships and DMSA memberships. Denton's Main Street Program was made possible through the Texas legislature -allocated funding for an Urban Main Street Program, making it possible for cities with populations of more than 50,000 to participate in the State program. Since 1989, DMSA membership has increased over 400 percent, demonstrating broad- based community support. Additionally, the DEDP has a Downtown Task Force subcommittee, whose primary role is to further the development goals of Downtown as a whole. The Denton Main Street Program works to preserve and market the Downtown, focusing on historic preservation, continuing reinvestment, and developing heritage tourism—or tourism oriented towards the cultural heritage of a location. The DMSA also maintains an online inventory of destinations and events in Downtown Denton. The preservation and celebration of Downtown through the DMSA is a key element of the identification of the historic character of Denton. Policies and Actions Identification of Historic Resources: Identifying Denton's historic districts, landmarks, and character areas is an important step in continuing to ensure the longevity of the city's personality and the strength of its economy. Protection of existing residential neighborhoods and commercial corridors, and the promotion of historic elements throughout the city will also be furthered by the policies and actions of this Element, the Land Use Element, and the Housing and Neighborhoods Element. Historic resources may be preserved by creating additional historic districts and conservation districts, as well as providing additional programing for preserving supplementary structures within the community. Historic districts are adopted into the Denton Development Code as overlay districts, intended to protect and maintain architectural character and scale intact. The expansion of historic resources inventorying is a key component of Denton Plan 2040. 4.1 Expand Denton's evaluation of historic landmarks, districts, neighborhoods, and cultural resources by utilizing the 2019 Historic Preservation Plan. 4.1.1 Continue updating the Historic Resources Survey to identify potentially historic resources for possible zoning protection. 4.1.2 Identify and recommend areas within the city limits that qualify for historic districts based on distinctive character, and intact scale and architectural Denton Plan 2040 4-5 121 alp.9 �tll��F llofio character. Historic districts will receive appropriate zoning classification to enforce and ensure preservation of structures within the district. 4.1.3 Identify and recommend areas within the city limits that qualify for conservation district designation to protect distinctive character and the area's scale and architectural character. 4.1.4 Work with community and neighborhood groups to identify areas that have significant community support for the formation of historic and conservation districts, or strong identification of cultural or neighborhood character to aid in development of Small Area Plans or local protection. Placemaking and Urban Vitality in Denton: Placemaking is a key element of implementing Denton Plan 2040 in terms of harnessing and celebrating Denton's sense of place. Placemaking is oftentimes associated with the design of public gathering places, with particular attention to the ways that the community values and uses public spaces. Placemaking also refers to creating or highlighting unique places that already exist in an urban area to enhance the appreciation and encourage use of a space, district, or neighborhood. In this way, understanding buildings and key areas as discernible landmarks in the city will help foster community pride and identity, and continue to put Denton on the map for tourism, events, and as a place where people choose to live and work, or a community of choice. In addition to creating and maintaining these places, the Denton community also wishes to infuse "urban vitality" throughout. This means that the places and spaces throughout Denton, no matter the size, are filled with people, around the clock and throughout the week, enjoying and taking pride in the city, and sharing with fellow community members. This sense of community already exists in Denton and is an ambiance that residents want to sustain and enhance into the future. Denton has an incredible wealth of cultural draws and special events that contribute to local character. The goal of the City in the coming years in regards to placemaking and urban vitality will be to harness this energy to enhance the built environment and create new centers of development, reflecting Denton's unique culture and diversity. A key implementation measure to achieve a coordinated approach to this strategy is the creation of a Citywide Branding and Placemaking Strategy. This will identify the key areas that are important within Denton and provide a coordinated program to link them together. Identifying gateways, or those areas influencing first impressions of Denton, is especially important to highlight and enhance to welcome visitors to the city. During the Denton Plan 2040 development process, community members identified locations in the city that were suitable to mark Denton's character through gateways, or provide a welcome, in the form of signage or public art. Several themes to be incorporated into these elements included: "arts," "music," "open space," and "native vegetation". Community members believed these themes captured the character of Denton and could be used to enhance the physical environment. The identification of gateways and branding stations was also done during the previous update 4-6 Community Character & Urban Design 122 Community Character &Urban Design n4 process. The process for identifying gateways and branding stations built off the previous work of the Denton Plan Ambassador. Gateways and Branding Stations could be further studied by working with the community and stakeholders in the formation of a Citywide Branding and Placemaking Strategy. Potential Gateways and Branding Stations are illustrated on Figure 4.1 and listed below: Gateways: 1-35 and Highway 77 Im 1-35E at Shady Shores Road ■ East University (U.S. 380) at Lake Lewisville ■ West University (U.S. 380) at Nail Road ■ Robson Ranch Road at 1-35W ■ Fort Worth Drive (U.S. 377) at Hickory Creek Sherman Drive (FM 428) at Warschun Road Branding Stations: Denton Center (University Drive/ U.S. 380 and Carroll Boulevard) ■ Denton Enterprise Airport (Airport Road) ■ 1-35E at Loop 288 ■ Intersection of 1-35W and potential Loop 288 extension ■ 1-35 at University Drive (U.S. 380) ■ University Drive (U.S. 380) and Mayhill Road Placemaking and urban vitality will further be aided by coordination with plans that will augment the public realm and create networks within the city, such as the Pedestrian and Bicycle Linkage component of the 2020 Mobility Plan and coordination with Denton County Transportation Authority (DCTA), which will be crucial not only for providing access throughout the city, but for helping to promote the Denton brand. The creation of complete neighborhoods and centers, and the opportunity for creating places for community gathering therein, will also contribute to enhancing Denton's identity now and in the future. 4.2 Identify the unique areas, including gathering and green open space areas, within the city that highlight Denton's sense of place and urban vitality. 4.2.1 Partner and collaborate with the community and stakeholders to prepare a Citywide Branding and Placemaking Strategy that identifies gateways and branding stations and links together existing character areas through a wayfinding Denton Plan 2040 4-7 123 p1 RP,. Llo�o program by using a combination of environmental graphics, print materials, and web -based information. Coordinate with mobility planning so that motorists, bicyclists, pedestrians, and transit users can easily locate destinations throughout Denton. 4.2.2 Map historic and cultural resources as part of Citywide Branding and Placemaking Strategy to highlight their role in understanding and appreciating Denton. 4.2.3 Further the policies of the Pedestrian and Bicycle Linkage Component of the 2020 Mobility Plan by ensuring that existing and future urban centers in Denton are accessible via walking and bicycling. 4.2.4 Work with DCTA and other transit -oriented organizations to further the expansion of transit links throughout Denton and to ensure that existing and future urban centers in Denton are accessible via transit. 4.2.5 Encourage mixed-use development through zoning and land use regulations that creates complete neighborhoods and centers, including ground floor, walkable retail, recreational gathering areas, and places where Denton residents can live, work, play, and shop in the same location. 4.2.6 Establish standards for gateways and as part of future development to highlight community points of entry and promote the Denton brand and its quality of life: ■ Gateways should provide a sense of transition arrival, and should be designed to make a strong and positive visual impact. Greenways and other open space gathering areas should be provided where possible. ■ Gateways should employ special design treatments for identified gateways as public realm and public art pieces. ■ Gateways should be uniquely Denton, drawing upon historic features, precedent, and community character. ■ Gateway design should be highlighted in the Citywide Branding and Placemaking Strategy ■ Utilize gateways to market the city as a community of choice and as a tool for economic development and to encourage business attraction. 4.2.7 Establish standards for branding stations as part of Citywide Branding and Placemaking Strategy and coordinate with overall marketing strategy administered by the Public Information Office of Denton. 4.2.8 Create a web -based mechanism for community members to present new ideas for celebrating Denton's sense of place or developing new community -driven projects 4-8 Community Character & Urban Design 124 Community Character &Urban Design 4 by providing a streamlined and transparent process to propose projects to the City. Preservation and Maintenance The preservation of historic resources is a top priority for the Denton community. Historic resources are recognized on three levels—the National Register of Historic Places, the State Register, and the local register—however only one provides true protection: the local register. The National Register designation enables these properties to be eligible for tax credits, but does not provide any direct protection of the properties unless they undergo alterations using federal funds, they must adhere to standards; otherwise, the standards serve as a guideline. On the state level, State Antiquities Landmarks and Recorded Texas Historic Landmarks have legal protection. Protection from demolition comes from the local code. Therefore, action on the local level is the most important for actively preserving resources, in the form of landmarks and historic districts. Conservation districts, while important for recognizing character, do not offer significant architectural protections Locally, historic preservation is overseen by the Historic Landmark Commission. The Historic Landmark Commission recommends to the Planning & Zoning Commission and City Council those buildings, structures, sites, districts, and areas in the city that the Commission has determined should be preserved and designated as historic landmarks. The Commission, along with City staff, regulates design review for designated National, State and local properties as well as local historic districts. Any exterior or hardscape modifications that are visible from the public right-of-way to structures located in any of these local historic districts or are designated National, State or local landmarks require a Certificate of Appropriateness (COA). The Historic Preservation Officer may administratively approve a COA for work that is considered ordinary maintenance or minor alteration. All other COAs are processed and heard through a public hearing process with the Historic Landmark Commission. In addition to providing just protection, or "sticks," a successful preservation strategy must also include incentives or "carrots," to encourage preservation or reuse of historic structures and areas. Financial incentives such as tax credits, fagade improvement grants, and property tax abatements in the form of Tax Increment Financing Districts (TIFs) are several options to achieving this goal. Maintenance of historic resources and other properties is also a concern of the community and especially City of Denton decision -makers, including City Council. Property maintenance is important because it affects the outward appearance of the city and reflects on the community and its identity. Maintenance standards for the City are currently contained in the Property Maintenance Code, updated in 2010, and are jointly handled by the City and individual property owners. Maintaining a pleasant physical environment throughout the city is the responsibility of Denton Plan 2040 4-9 125 MR6 AURA uo4-o the entire city and should be addressed in the action of Denton Plan 2040 for long-term implementation. Polices and Actions Preservation of Historic Resources: Protecting Denton's historic districts, landmarks, and character areas is essential to ensuring the longevity of the city's character and the strength of its economy. Therefore, continued protection and enhancement of historic and cultural resources is a key component of Denton Plan 2040. Protection of existing neighborhoods and the promotion of historic elements throughout the city will also be furthered by the policies and actions of the Land Use Element, as well as the Housing and Neighborhoods Element. Historic resources can be preserved by adopting additional historic districts, and conservation districts as well as providing additional programs for preserving additional structures within the community. Historic resource protection should be evaluated as part of other plan implementation actions, as noted herein. In addition to the need to preserve historic districts, policies and tools to ensure compatible infill development are needed to protect the character and scale of neighborhoods which do not quality for historic district designations. Where present zoning may not ensure compatible infill development, neighborhood stabilization overlay districts may apply. These zoning overlays would modify underlying zoning requirements for such factors as front and side setbacks, garage placement and building height. 4.3 Actively preserve and maintain Denton's existing and future identified historic resources in conformance with the goals and policies in the 2019 Historic Preservation Plan. 4.3.1 Implement recommendations for historic landmark, historic district, and conservation districts per updated historic resources survey to ensure consistent protection. 4.3.2 Encourage voluntary landmark and historic district designation as a vehicle to protect sites with historical and architectural significance. 4.3.3 Update the Downtown Master Plan and the Downtown Implementation Plan to incorporate historic resource preservation within the Downtown and ensure that the character, aesthetic, and scale of Downtown are maintained. 4.3.4 Coordinate preservation regulations to be consistent with the Arts and Entertainment Overlay District and the 2019 Historic Preservation Plan. 4.3.5 Coordinate preservation regulations to be consistent with expansion plans for local educational institutions. 4-10 Community Character & Urban Design 126 Community Character &Urban Design 4 4.3.6 Work with private landowners with historic sites to ensure public access to and preservation of the sites according to applicable standards. 4.3.7 Establish partnerships among private interests to support historic preservation in Denton. 4.3.8 Encourage adaptive reuse of historic structures to ensure their long-term preservation, while allowing for repurposing and economic diversity. Financial Incentives: As preservation of existing buildings can be financially challenging, many communities have successfully encouraged adaptive reuse of historic buildings and historically -sensitive upgrading of residential structures by providing local incentives. At present, many of the historic regulations in Denton are characterized as protection, rather than incentives. Providing robust local programs that provide financial incentives to property owners will help to encourage preservation of historic resources and character. 4.4 Provide local financial incentives for historic preservation in Denton. 4.4.1 Utilize the 2019 Historic Preservation Plan to assist in identifying property owners of designated individual sites or sites within historic or conservation districts that may receive an incentive in the form of a 50 percent exemption from City taxes for 15 years. 4.4.2 Continue to coordinate with the Denton Main Street Association (DMSA) to provide and enable funding of district -wide improvements and incentives, such as fagade improvement grants, to encourage preservation. Expand reach of DMSA beyond existing boundaries if feasible. 4.4.3 Coordinate with other financial incentives that may support historic resource preservation such as the Downtown TIRZ. 4.4.4 Explore the creation of a local incentive, tax credit, or grant to encourage the preservation and reuse of historic structures. Property Maintenance: An important element of maintaining community character is ensuring that the quality of the physical environment is enhanced and maintained. It is especially important for historic resources to be properly maintained, regardless of their ownership, so that they may last for posterity. The City must take a lead in setting standards for maintenance to ensure that Denton's physical appearance and long-term viability is held to the highest standards. 4.5 Ensure proper and sustained maintenance of Denton's historic resources, neighborhoods, and community centers. 4.5.1 Update the Property Maintenance Code every three to five years. Denton Plan 2040 4-11 127 alp.9 �tll��F llofio 4.5.2 Establish a volunteer program though City Council action to support the maintenance of areas having historical or cultural significance. 4.5.3 Continue an anti -graffiti program to be administered by the City to protect elements of the public and private realm from vandalism and detraction of character requiring that property owners abate graffiti. Arts, Culture and Community Character A key feature of Denton's character is its robust culture of visual and performing arts, entertainment, and its distinctive community that is unique within the Metroplex. Denton boasts an authentic, small-town charm and North Texas heritage supported by a community of artists and musicians, businesses and institutions, and friends and neighbors who appreciate the high quality of life available in the city and the opportunities for community interaction and celebration. As Denton grows and develops, it is essential that this community character is retained, celebrated, expanded, and shared in order to encourage a widespread appreciation of its uniqueness and charm. There are several mechanisms that are proposed to promote community character throughout the city. This includes a program for public art to celebrate the Denton community and provide opportunities for artists to share their work with the public. Public art also enhances the physical appearance and beautifies the city. Secondly, the already robust arts and music scene is a key mechanism for promoting and expanding community character. This includes providing additional spaces for both the visual and performing arts and events in the city, as well as promoting those events more widely, so that the region at large is drawn to Denton to take advantage of these great assets. Denton's historical charm also provides a regional draw to the city and is representative of community character. A comprehensive approach to heritage tourism is crucial for ensuring that the preservation of historic resources is linked to strategies for placemaking, community branding, and programs that bring people into Denton to live, work, and create. Finally, Denton's unique brand and character can be highlighted locally through promoting its sense of place on a neighborhood and site scale by creating and highlighting areas for community gathering. Denton currently has several great community gathering places, such as the Downtown Square and Quakertown Park. Other potential types of community gathering places include city streets, parks, which may be public or privately managed, and plazas within private development. As Denton moves towards its future, it is essential to keep its character alive and well in each and every neighborhood, in commercial and institutional areas, and through the preservation of its built environment and the culture of its people. The policies and actions of Denton Plan 2040 will ensure that this goal is met. 4-12 Community Character & Urban Design 128 Community Character &Urban Design 4 Policies and Actions Public Art in Denton: Public art is an excellent tool for the promotion of community identity. Denton currently has a public art program that is overseen by the City Council -appointed Public Art Committee and the Parks and Recreation Department. Additionally, the City has a combination of public and private funding sources to fund public art. Per the 2013 City Public Art Policy, a two percent allocation for art dedication is required as part of all Capital Improvement Projects and 2.4 percent of the Hotel Occupancy Tax (HOT) is allocated towards public art in the city. Tax abatements are also offered to developers that include publicly accessible art as a significant component of a development. Private funding for public art is also pursued independently through the Parks and Recreation Department and through individuals and businesses. These fund dedications are important for the establishment of public art, however a coordinated effort is necessary to expand the program and highlight the character of Denton. A Public Art Master Plan is recommended in order to identify strategic locations and themes for the inclusion of public art. Such a plan would also ensure that public art was coordinated between organizations, and placed equitably throughout the city and in locations that would have the greatest amount of public benefit. 4.6 Promote a sense of urban vitality throughout Denton by providing opportunities for public art. 4.6.1 Encourage the use of public art to highlight neighborhood identity in Denton's existing and future neighborhoods through a Public Art Master Plan for Denton and include public arts as a component of all Small Area Plans. 4.6.2 Integrate public art into the planning and design for City and County -owned public facilities, parks and trails, and other publicly -funded projects and projects on City - owned land 4.6.3 Install art at suitable locations that including community gateways, branding stations, parks, key corridors, and other memorable places throughout Denton. 4.6.4 Create a program to investigate the temporary reuse of vacant and/or underutilized parcels and building facades for art exhibitions and murals. 4.6.5 Create a partnership with local artists, through schools and institutions, to employ local artists in the creation of public art in Denton. 4.6.6 Partner and collaborate with DCTA and education communities to install public art at transit facilities and on the university campuses. Denton Plan 2040 4-13 129 alp. po'Ir., 4.6.7 Ensure that opportunities for public art are included in the Capital Improvement Plan (CIP) and revisited on an annual basis. 4.6.8 Evaluate opportunities for public art to be included as part of the 1-35 expansion and potential highway underpasses and overpasses. 4.6.9 Engage the community through a public involvement process to identify locations and designs for public art. Arts and Music Venues: Denton is well-known for its performing and visual arts culture, and music scene, and its draw within the region for special events. Outside of major events, Denton could enhance its regional role as a place to go for entertainment on a year-round basis, however this needs to be planned to ensure that the appropriate regulations are in place to allow such development. Certain regulations need to be adjusted in some areas, such as signage standards, hours of operation, regulations for building design and renovation, and parking standards in order to allow for the types of arts and entertainment uses that are desired. To achieve this goal, the Texas Commission on the Arts designated a cultural arts district, Original Denton District. In addition the DDC has a zoning overlay for The Denton Square, but an Arts and Entertainment Overlay District is suggested for Downtown and related areas that are appropriate for this type of use. This overlay could include the modification of development regulations tailored to entertainment uses and establish design guidelines suited for entertainment use areas, or a by right allowance of these uses in a new zoning district. Additional studies, such as a Special Events Integrated Transportation Plan, and coordination with transit and public art programs, could further enhance the viability and functionality of arts and entertainment in Denton, contributing to its economic vitality and sense of place. 4.7 Promote a sense of urban vitality throughout Denton by providing venues for performing and visual arts and music events. 4.7.1 Identify opportunities to incorporate arts and music venues in future development, including Downtown and in Regional Mixed -Use Centers. 4.7.2 Study the viability of an Arts and Entertainment Overlay District to the full boundary of the Original Denton District with appropriate regulations for hours, lighting, and design, sensitive to surrounding uses. 4.7.3 Explore the possibility of requiring a baseline percentage of ground -floor retail that should be occupied by tenants related to the arts and culture industry within the Downtown or a future Arts and Entertainment Overlay District. 4.7.4 Study where opportunities for arts and music venues could be created in vacant or underutilized sites, adjacent to Downtown and the Downtown Denton Transit Centers, that can be supported by the A -train. 4-14 Community Character & Urban Design 130 Community Character &Urban Design 4 4.7.5 Work with the public arts programs to formally demarcate arts and music venues and event locations through permanent or temporary public art and public realm improvements. 4.7.6 Study the use of tax incentives and subsidies to attract arts and music organizations and private investors. 4.7.7 Work with City departments, such as Parks and Recreation, to ensure that events do not overly burden City staff capacity and/or facilities. 4.7.8 Create a Special Events Integrated Transportation Plan that studies opportunities for shared parking, transit, shuttles, and available parking facilities to accommodate local and regional travel to and from events and venues in Denton, without overly burdening Denton's facilities and highlighting use of alternative transportation modes. 4.7.9 Create a program to temporarily rent areas to display art, including, but not limited to, sculptures in City facilities, on City property, and in local businesses and developments, such as art is storefronts and sculptures on loan. 4.7.10 Identify opportunities to host performing arts events in publicly -owned areas including parks, streets, and public buildings. Arts and Music in the Economy: Denton's rich offering of arts and music is a great contribution to the character, as well as the economy, of the city. It is important to retain this important economic base as development goes forward into the next generation. To this end, the City should work with key regional organizations, such as the Greater Denton Arts Council, to promote the arts and administer tools, such as tax abatements, for the establishment of arts -related business and developments. Additionally, partnership with local schools and institutions to support vocational programs and arts education will help keep artists in Denton and maintain the important impact that this community has on the city. 4.8 Bolster the role of arts and music in Denton's economy. 4.8.1 Partner with the Greater Denton Arts Council on all programs related to promoting arts in the community. 4.8.2 Create and enhance programs for arts education through local schools and institutions that will lead to local job growth. 4.8.3 Conduct a study to understand the current and future economic development value of music and the visual and performing arts in Denton. 4.8.4 Administer tools, such as incentives, start-up loans, live -work dwellings, and art incubators, to encourage artists and musicians to live and work in Denton. Denton Plan 2040 4-15 131 p1 RP,. Llo�o 4.8.5 Promote the arts and music through regional Convention and Visitors Bureaus, Chambers of Commerce, the universities and schools, and local promotion groups to highlight Denton's role in arts and music in the DFW Metroplex for both visitors and residents. 4.8.6 Encourage private funding for arts and music by reaching out to private sector organizations in Denton and the DFW Metroplex. 4.8.7 Explore opportunities for donations and grants to assist art and music -related efforts in Denton. 4.8.8 Partner and collaborate with local agencies and education institutions to coordinate art and music -related efforts. 4.8.9 Coordinate City departments, such as Police, Fire, and Parks and Recreation, to ensure appropriate and feasible in-kind donations of services are offered to facilitate the development of live events and their associated economic and fiscal impacts for the city. Heritage Tourism: As noted previously, the Denton Main Street Program is a successful program in the city that currently focuses on preservation, revitalization, and promotion of the Downtown. Denton's Main Street Program began in 1989 and has received broad community support. It is managed by the Denton Main Street Association (DMSA). In addition to its work to preserve and market the Downtown, focusing on historic preservation and reinvestment, DMSA also works to develop heritage tourism in the city. DMSA maintains an online inventory of destinations and events in Downtown Denton. The preservation and celebration of Downtown through the DMSA is a key element of the promotion of the historic character of Denton. The historic character of Denton is one of the attributes that makes the city unique and contributes to its economic stature. This should be evaluated and made public so that it further encourages the preservation of historic resources and character and is integrated into plans to celebrate Denton's sense of place and urban vitality. To achieve this, policies and actions for historic preservation go beyond protection and suggest mechanisms for integrating historic resources into cultural tourism, creating centers of community, and contributing to placemaking and urban life. 4.9 Promote the historic identity of Denton as an economic asset and tourism potential. 4.9.1 Promote preservation as a means to increase economic, cultural, and educational diversity within the community. 4-16 Community Character & Urban Design 132 Community Character &Urban Design 4 4.9.2 Include the location of historic landmarks, historic districts, conservation districts, and a wayfinding plan within the Citywide Branding and Placemaking Strategy as a mechanism for heritage tourism generation. 4.9.3 Incorporate historic elements into placemaking and community gathering spaces where landmarks exist. 4.9.4 Coordinate with the Denton Main Street Association, Chamber of Commerce and Discover Denton for promotion of heritage tourism. 4.9.5 Partner and collaborate with local agencies and institutions to engage the community in education regarding the historic identity of Denton and the historic resources Denton has. Community Gathering Places: Places for community gathering are a central element in placemaking and urban vitality and celebrate the essence of Denton and its community members. Examples of such spaces, which may be of public or private ownership, include parks of various sizes, plazas, and areas within the public right of way where people gather. With mixed-use land use designations and the significant amount of future development that will occur in the form of Regional, Community, and Neighborhood Mixed -Use Centers, a great opportunity exists to provide more places for community gathering in new development. In addition, as established neighborhoods and developed areas of the city are being studied for potential infill and redevelopment, opportunities for community input and the design of spaces that reflect existing neighborhood character and pride are available. Community involvement and the Parks and Recreation Department should be central to the design of community gathering spaces, which should be coordinated into the design process for future mixed-use and infill development. 4.10 Provide places for community gathering, the expression of individual neighborhood diversity, and Denton's unique character throughout the city. 4.10.1 Conduct a study of existing community gathering spaces and their use, as well as their suitability for various activities and events throughout Denton and highlight these through Discover Denton and other economic development organizations. 4.10.2 Enhance zoning requirements to include public community gathering space within mixed-use developments and centers. Establish regulations and procedures for the design, installation and maintenance of community gathering spaces, as well as regulations for noise and time of use for privately -owned and operated community gathering spaces, consistent with underlying and surrounding land use. 4.10.3 Engage with residents in adjacent neighborhoods to provide input into the design and function of community gathering spaces. Denton Plan 2040 4-17 133 p1 RP,. Llo�o 4.10.4 Create design standards for the creation and redesign of community gathering spaces in Denton in new and existing centers. Ensure that gathering spaces are accessible and defensible through Americans with Disabilities (ADA) compliant design and using Crime Prevention through Environmental Design (CPTED) principles. 4.10.5 Ensure that provision of shade, water fountains, appropriate lighting, and trash receptacles are provided in community gathering spaces where feasible. Urban Design and Community Character Urban design refers to the physical and visual character of the built environment, as well as the composite form and function of a city. It is among the most significant contributors to community character in the city. Urban design is increasingly important in a city like Denton that has a lot of growing room and a regulatory system that allows development to be almost entirely market- driven. Denton Plan 2040 calls for a framework for guiding and supporting development which makes it easy to do the "right thing" when it comes to creating new, enduring development and making Denton a desirable place to live, work, and play for the long-term. High-quality urban design is a fundamental requirement to attract long-term, high-quality investment and jobs. The quality of the physical environment and sense of urban vitality affects Denton's image and attractiveness to developers searching for high quality business and residential locations. The issue of urban design, including the design of streets and publicly -visible areas must be addressed rigorously if Denton is to achieve the quality of development that most citizens desire. Denton's development character is influenced by the Future Land Use policies, and urban design recommendations of Denton Plan 2040 and well as by the Denton Development Code (DDC) which was updated in 2019. The new DDC was drafted to implement the Denton Plan 2030 and has new zoning districts, overlays, and other standards to ensure better conformance with the community's vision. The DDC has the greatest impact on urban design in the community since it contains requirements that must be followed. Future land use designations provide guidance as to the nature of the land use, and the guidelines of the comprehensive plan provide general guidance as to the character of development. Regulations for density of residential land uses are also found in the DDC. In addition, regional plans have already established urban design frameworks for the planning of transit -oriented development (TOD) and mixed-use centers, such as Vision North Texas, prepared by the Urban Land Institute's North Texas District Council, North Central Texas Council of Governments (NCTCOG), and University of Texas at Arlington. This guidance is important for Denton to incorporate so that new development is not only consistent and coordinated with regional goals, but economically competitive with neighboring communities and contemporary development products. The guidelines for the development of mixed-use centers as directed by 4-18 Community Character & Urban Design 134 Community Character &Urban Design 4 Vision North Texas are illustrated in Table 4.2, shown later in this Element as guidance for the development of mixed-use centers. The policies and actions that follow provide an overarching framework for an Urban Design Plan, which would provide land use and area -specific guidelines for future development, as well as opportunities to create Small Area Plans for key areas in the city that may include neighborhoods or areas ripe for future development or redevelopment. This mechanism allows for the creation of guidelines that are specific to each neighborhood and take into account a finer grain of character. Through these implementation actions, the type of quality development imagined for Denton's future, to create areas of lasting character throughout the city, can be realized. Urban Design Principles, contained in Table 4.1, provide guidelines that apply to all land uses. Policies and Actions Urban Design in Future Development Denton's identity will be strengthened in the future by enhancing the aesthetic qualities of its built environment, public realm, and creating distinction among places and neighborhoods. The key to establishing superior urban design throughout Denton is through the creation of an Urban Design Plan for the city. Denton Plan 2040 provides overarching policies and actions intended to guide new development and land uses. A focused Urban Design Plan would provide specific design regulations that apply within the city. Such a plan would provide additional specificity on the design for centers and corridors that can be applied to Small Area Plans, Overlay Districts, and infill developments. The Plan would identify visually distinct areas and would include design guidelines for the public and private realm. Finally, the Plan would also unite overarching policy created by the NCTCOG and ensure that future development is consistent with regional direction and coordinated plans. Key centers and corridors were established in the creation of the Preferred Growth Concept based on the location of important community identifiers, a concentration of employment or community hubs, or opportunities for densification, public realm improvements, and infill development. These areas were further refined in the updating of the Future Land Use Map (FLUM). Other focus areas include gateways, branding stations, and travel centers, which themselves are unique and thus require specific attention. Due to the differences among these focus areas, it is recommended that those that are a priority should be the subject of Small Area Plans to identify unique recommendations for land use, urban design, circulation and public realm improvements, and development programming, representing the diversity of Denton's neighborhoods. Following the preparation of the Small Area Plans, it may be appropriate to adopt corresponding Overlay Districts to apply particular development standards to key centers, corridors and infill areas that Denton Plan 2040 4-19 135 AURA uo4-o will be administered through the DDC. The guidelines of this Element will serve to create consistency and a foundation for the development of those specific regulations. All Focus Areas are illustrated on Figure 4.1: Focus Areas Concept and discussed below. 4.11 Create new guiding policy to integrate urban design objectives with other planning mechanisms, such as land use, zoning and subdivision regulations, historic preservation, economic development, and environmental protection. 4.11.1 Prepare an Urban Design Plan for Denton that is consistent with revised future land use designations and urban design goals and that provides a citywide approach to visual quality and image. Incorporate policies from Denton Plan 2040 as the framework for this plan. 4.11.2 Include urban design review early in the development review process. Ensure that City government will exert a leadership role in ensuring adherence to the principles of good urban design as essential for economic development. 4.11.3 Work with DCTA and other transit -oriented organizations to further the expansion of transit routes and stops throughout Denton, and for the creation of additional station area plans. 4.12 Elevate community character in Denton by creating Small Area Plans for areas undergoing new development, in need of revitalization, and established neighborhoods. 4.12.1 Create Small Area Plans for established neighborhoods and future development areas to ensure adherence to urban design policy and preserve and enhance the character of distinct areas. 4.12.2 Create Neighborhood/University Compatibility Area Small Area Plans to ensure that urban design principles are followed in development projects within those areas. 4.12.3 Partner with and collaborate with the community in the formulation of Small Area Plans to ensure their reflection of neighborhood character and priorities in future development. 4.12.4 Create a prioritization of centers, corridors, and other focus areas to streamline and direct the process of creating Small Area Plans. Prioritization should be based on ripeness of development potential, level of community support, existence of threatened historic resources, economic development catalysts, and other sensitive issues. 4.12.5 Adopt Overlay Districts following the creation of Small Area Plans as needed to ensure that appropriate guidelines are followed. Design of the Public Realm: 4-20 Community Character & Urban Design 136 Community Character &Urban Design 4 The community's development fabric is composed of two distinct, yet inter -related components: the "public" realm and the "private" realm. The public realm consists primarily of the publicly - owned street rights-of-way and other publicly accessible open spaces such as parks, squares, plazas, courtyards, and alleys. The private realm consists of privately -owned areas, in large part developed with buildings and associated improvements, and is more limited in its accessibility to the public. The public realm plays a critical role in an area's character and function, serving overlapping roles, including circulation and access, development framework, public open space, and visual interest. The Urban Design Plan, updated DDC, and Small Area Plans will include recommendations and requirements for the public realm. In addition, coordinating with other regulating policy is important to ensure that urban design guidelines are consistent and also feasible. The updated Mobility Plan will put forward concepts for street design that promote Complete Streets and Context -sensitive Solutions, as well as connectivity recommendations for the pedestrian and bicycle network. This is very important for ensuring a public realm that is complementary to the elevated character of urban design that is envisioned through Denton Plan 2040. Additionally the updated Parks, Recreation and Trails System Master Plan contains recommendations for the design of parks and trails, which are also an important component of the public realm. An update to this plan should include standards for the design of parks and open spaces consistent with the Urban Design Plan and the urban design principles of the Community Character and Urban Design Element. Coordination among these various policy documents is necessary for achieving a consistent approach to the design and maintenance of the public realm within the city. 4.13 Elevate the appearance of the public realm in Denton through high-quality urban design guidelines for the public rights-of-way and spaces. 4.13.1 Implement Complete Streets and Context -sensitive Solutions where applicable 4.13.2 Further the policies of the Pedestrian and Bicycle Linkage Component of the updated Mobility Plan to ensure that existing and future urban centers in Denton are accessible via walking and bicycling. 4.13.3 Implement citywide urban design guidelines for the public realm and design of recreational facilities structures. 4.13.4 Ensure that trees and landscaping are included in all roadway standards and site design criteria to recognize their aesthetic and environmental contribution to the city and enhancement of the tree canopy. 4.14 Link Denton's public realm together through a unified network of public spaces. 4.14.1 Provide a mechanism for coordination between the Parks, Recreation and Trails System Master Plan, the 2020 Mobility Plan, Urban Design Plan, and Small Area Denton Plan 2040 4-21 137 AURA Uo4-o Plans to ensure that the design of the public realm creates a cohesive network of public spaces in Denton. 4.14.2 Ensure that new development addresses established pedestrian and bicycle networks and provides for additional connectivity to further foster pedestrian and bicycle mobility, and other alternative transportation modes throughout Denton. 4.14.3 Through partnership and collaboration with UNT and TWU and creation of Neighborhood/ University Compatibility Area Small Area Plans, encourage more community interaction with the universities and the City by linking physical access between these institutions and public property. Guidelines for Specific Future Land Use Designations: Creating the type of character in Denton that will complement the city and create the high-quality development is an important goal of Denton Plan 2040. The Plan recommends the creation of several plans to further the goal of achieving high-quality design. In addition, Denton Plan 2040 includes recommendations to achieve desired character to guide all future planning. Overarching guidelines for all development can be found in Table 4.1: Urban Design Principles. These principles provide guidance to achieve high quality design in the future, and as a foundation for preparing an Urban Design Plan. Further design guidelines may be prepared as part of Small Area Plans and incorporated as zoning overlay districts. The following policies and actions provide general guidance to achieve high-quality development throughout Denton based no future land use types. When applied generally, it is important to maintain flexibility in these recommendations to allow for a diversity of building types and architectural styles, preserving the distinctive and diverse quality of Denton. 4.15 Establish Urban Design Principles to guide all future development in Denton. 4.15.1 Ensure that the Urban Design Plan incorporates goals from the Denton Plan 2040 and the 2020 Mobility Plan. 4.15.2 Incorporate Urban Design Principles into all future plans related to urban design, including the Urban Design Plan and Small Area Plans. 4.16 Include additional guidelines for specific land uses, in addition to overarching Urban Design Principles (Table 4.1), to ensure desired community character is achieved with variations for use. 4.16.1 Employ the following guidelines in the design of new Rural Area land uses: ■ Development should be low in profile and use architectural design and materials that contribute to the preservation of rural character at the urban edge. ■ Development should comply with policies for conservation development where appropriate. 4-22 Community Character & Urban Design 138 Community Character &Urban Design 4 4.16.2 Employ the following guidelines in the design of new Residential land uses: ■ Create architectural guidelines and requirements for single and multi -family residential areas to establish unity and distinctive architecture with respect to massing, facade details, materials, and roof pitch, although many variations would be possible. 4.16.3 Employ the following design principles in the design of new development in the Downtown Denton land use: ■ Street design and architectural standards created as part of the Downtown Implementation Plan (DTIP) and any updates to that plan preside in future development review within the Denton Central Business District. ■ Development should echo and complement the historic character of Downtown, including materials, fenestration, scale, height, roof pitch, and street orientation. ■ Development should contribute to the energy and character of Downtown through encouraging development types that contribute to a vibrant district throughout the day. 4.16.4 Employ the following design principles in the design of Regional, Community, and Neighborhood Mixed-use land uses: ■ New mixed-use development should include buildings that are compatible with one another in size, scale and their relation to the street. ■ Architectural guidelines may be required for mixed-use areas to establish unity with respect to massing, facade details, materials, and roof pitch, although many variations would be possible. These would be established through Small Area Plans. ■ Use standards for mixed-use centers proposed by Vision North Texas 2050 as a basis for creating mixed-use developments, and in Small Area Plans. This will align the type of development occurring in Denton with standards for the region in order to maintain economic competitiveness and quality of development. (See Table 4.2) Denton Plan 2040 4-23 139 alp.9 �tll��F llofio Table 4.1: Urban Design Principles Accessibility: This is the ease with which people can access a full range of facilities such as shops, leisure, employment, and other public areas. Accessibility is affected by the location and distribution of uses; transportation choices, including facilities for less mobile people; the physical design of spaces and pedestrian circulation systems. New development will be accessible to the widest range of people both in terms of its location, the physical design of spaces and buildings, and its accessibility via transportation modes including bicycle, pedestrian, and transit. Health & Safety: A well-designed built environment can help to improve safety and security. An unsafe environment can discourage human activity and render a site unusable. Good lighting and proper site design are also important factors. Efficient transportation design can contribute to reduce air pollution emissions. Strategically placed landscaping and careful architectural design can reduce energy consumption and save money. Designers will be expected to demonstrate that the health and safety of the city has been a factor in producing new development schemes. Encourage self -policing and discourage crime by incorporating Crime Prevention through Environmental Design (CPTED) strategies into building and site design. Connectivity: The number of alternative ways people are able to move through a community is a measure of its connectivity or permeability. New development should maximize permeability both within the site and in the neighborhood. Site design must be based on the promotion of walkability and modal choice, including access to bicycle, pedestrian and transit networks and efficient use of existing paths and patterns of movement. New development is designed to complement the existing street grid network and maximize the choice of movement within and through the site. Paths into a site connect rather than forming a series of dead -ends. Cul-de- sacs are generally discouraged except under circumstances, such as the presence of topography, stream corridors or other barriers. New development will be expected to take advantage of opportunities to promote walkability and modal choice, including access to bicycle, pedestrian and transit networks. Neighborhood Scale: A neighborhood is limited in physical size, with well-defined edges. The size of a neighborhood is generally defined as a five-minute walk or one-quarter mile from the neighborhood edge to its center and a ten-minute walk edge to edge. Human scale is the proportional standard for all structures and accessory components. Automobiles are allowed within the neighborhood but do not take precedence over the pedestrian or human needs, particularly the aesthetic functions that include a sense of place. These neighborhoods will typically contain transit stops and will utilize transit -oriented design. Durability & Endurance: Durability and endurance are very important factors in achieving a sustainable, built environment. The use of high-quality materials for surfaces should be a priority. The resistance of materials to wear is important if they are to last and not require excessive maintenance. Flexibility and adaptability in the design and layout of space are also 4-24 Community Character & Urban Design 140 Community Character &Urban Design 4 important factors to accommodate changing demands and a variety of activities in coming decades. Variety: Architectural diversity and creativity should be encouraged to avoid homogeneity and sterility, while still mandating high-quality and sustainable construction. Contrast and variety contribute strongly to visual interest and viewer perceptions of quality. Implementation of design standards by the city will pay strong attention to avoid regulations that promote sameness and stifle individuality. Sustainability: Sustainability is a theme of Denton Plan 2030, as well as a priority for Denton. As such building and neighborhood designs should strive to achieve the highest possible standards for sustainability. In the design process, rating systems such as LEED for New Construction, LEED for Neighborhood Development, and Green BuiltT" Texas should be consulted as a reference with the intent of incorporating as many green building elements as feasible. Legibility: Legibility confers a sense of orientation, in which people can understand and are comfortable with the organization of a place. Good legibility is important because it allows people to find their way around the city. Development schemes will be expected to complement and reinforce the urban character of: • Paths that help define proper routes for movement,- Districts ovement;Districts that are recognized as areas of similar character, with unified features such as land use density; architectural style, scale, or construction age; • Landmarks that provide specially recognized feature unique to the city; • Edges that indicate distinctions between different neighborhoods or land use districts; and • Nodes that are created at the juncture of paths or are created as special activity centers. Architectural Quality: The impact of architectural quality will strongly influence the quality of growth during the next twenty years. High-quality design and materials in all future development that will create attractive business destinations and encourage economic development for the future. The following architectural principles shall be used to guide decisions regarding design of structures: • High-quality architectural design should be encouraged. Innovation, creativity, and originality are considered to be primary ingredients of high-quality architecture. Unique or challenging design solutions will be welcomed. Such buildings are individualistic, provide contrast, and in these ways create local identity and contribute to local distinctiveness. • Careful consideration of orientation, detailing, scale, massing, and context is important in designing buildings adjacent to historic buildings and within historic areas of the city by providing variety and defining space. • Architectural design will be used to integrate the functions of buildings with public spaces, adding to interest and vitality. The impact of architecture on public spaces must be considered. Main frontages and corners should include major entrances, windows, or other features to create activity and visual interest at the ground floor level. • Design materials will be used and expressed authentically and appropriately with the use materials and design features indigenous to the region. Use high-quality, durable materials to ensure long-term quality and appreciation of local design. • The City will partner with developers on development projects and will actively explore the use of competitions in the development of significant public buildings as a means of encouraging more distinctive design. Calls for design and programs for development related to projects Denton Plan 2040 4-25 141 alp.9 �tll��F llofio that demonstrate consistency with the comprehensive plan may be explored by the city in partnership with potential developers and design professionals. Historic Precedent: Development should echo and complement the historic character of Denton's past, including materials, fenestration, scale, height, roof pitch, and street orientation. New buildings should demonstrate thorough knowledge of historical architectural information and context, but should not imitate older buildings. In the case of infill, elements such as the materials, fenestration, scale, height, roof pitch, and street orientation should complement the character of the existing area. Consider the adaptive reuse of existing buildings and warehouse for all types of uses. Building Scale and Orientation: Buildings should be oriented to address primary streets or thoroughfares in order to create a sense of presence on the street and create a strong street wall. In order for a street to achieve the intimate and welcoming quality of an outdoor room, the buildings along it should compose a suitable street wall. Building height should be sized in proportion to the width of the street and to the surrounding context of the neighborhood or block. Build -to lines should be used to determine how close buildings will stand to the street. If parking lots are necessary, they should be located behind or to the side of buildings. Additional standards may be employed to govern recess lines for upper stories, and transition lines, which denote a distinction between ground floors used for retail and the upper story floors for offices and apartments. Building massing and fagade articulation should contribute to a fine-grained, pedestrian scale environment at the street level that promotes walkability. • Definition of Public Space: Buildings should be sited carefully to create a defined public realm. Build -to lines should be utilized to establish a consistent series of building facades and to shape outdoor spaces, including the street and areas for community gathering, including plazas, courtyards, and parks. The street is an important form of public space, and the buildings that define it should be expected to reinforce and enhance the streetscape corridor. • Mobility Choice: Integration of pedestrian and public transportation systems within new development is encouraged. Development should encourage bicycle and pedestrian access that contributes to efficient and safe travel for all modes. This includes consideration of the approaches and access to development, and the arrangement of spaces within the site. Developers should contribute funding for public transportation improvements where warranted, accompanied by a reduction in off-street parking requirements. • Entrances: Primary street entrances of all building types should front onto the primary street. In multi -family residential developments, ground -floor units should front onto and access the street, rather than having a shared entry and access from interior corridors. • Location of Parking: Residential garage structures should be located to the rear of the lot with alley access or employ shared driveways from public street frontages where there is no alley access. Garage entrances facing the street or those with side garage entrances accessed from a shared drive are set well back from the front facade so as to obscure views of the garage entry. • Parking Standards: Off-street parking requirements should reflect respect for environmental quality considerations. Parking location and associated landscaping should be carefully regulated to avoid unacceptable expanses of pavement. Large parking lots should be broken into smaller sub -lots and screened with planting. • Car -Free Development: Mixed-use development in the Downtown core and adjacent to universities should not require off-street parking, but rather should rely on on -street and shared parking along with transit, bicycle, and pedestrian use. 4-26 Community Character & Urban Design 142 Community Character &Urban Design 4 • Service Areas: Solid waste containers should be located out of public view on private property, in areas specially designed to accommodate truck maneuvering. The use of innovative technologies to reduce the visibility of solid waste operations should be encouraged. Small Area Plans should contain strategies for solid waste improvements in existing developed areas. • Lighting: Install adequate and sufficient lighting throughout the area for added safety, visibility, and comfort. Lighting should complement the overall character and design of a building or neighborhood and not be visually intrusive to neighbors or the night sky. Lighting should be energy efficient. • Landscaping: Incorporate distinctive landscaping into the design of buildings when feasible, contributing a vibrant, inviting setting. Accentuate key focal points, entrances, gateways, and corners of a development with accent plant materials and trees. Use local planting materials and those requiring minimal maintenance to contribute to their long-term health and upkeep. • Signage: Design high quality signage that contributes to community identity, improves wayfinding, that is highly visible and legible. Require all signs within and around a development to be high quality, professionally designed, and creative symbols of community character. Limit attached and detached signage to achieve private advertisement and wayfinding but not clutter corridors and detract from community aesthetics. • Provision of Onsite Open Space: In commercial, multi -family residential, and mixed-use development, ensure the provision of shared open space and amenities in a central gathering location that is safe, well -lit, and accessible. Use shared open space as opportunities for community gathering, events (depending on the size), public art, and expression of community character. Elements of the Public Realm: In addition to the built environment, elements of the public realm are an essential element of the character of a city. The design of the public realm includes streets, sidewalks, parks and open space, and bridges and transportation structures. These elements should be designed to address their adjacent uses, be well appointed and maintained, and facilitate safe and accessible function for all modes. Design of Bridges and Transportation Structures: Qualified and creative engineering input should be used in the design of mobility infrastructure, with interesting structural solutions, rather than the addition of decorative detailing to a standard structure. • Street Trees and Landscaping: Trees and landscaping will be designed as a crucial component of the public realm. Trees and other plantings will be properly coordinated with utilities to avoid conflicts with maintenance of the public right-of-way and competition for limited underground space. The City will fully consider the significant value of trees and the urban forest when resolving infrastructure conflicts; and select and plant appropriate tree species on public rights-of-way that maximize planting potential while protecting the safety of the public. Landscaping shall promote low -impact design, including water -efficient irrigation practices, the use of drought -tolerant planting materials, and permeable paving to promote the sustainable design of the public realm. • Adaptation to the Natural Environment: Development should complement natural topography and respect natural systems, including tree canopy. Development should be located outside of, the 100 -year floodplain, including roadways. Rather developments adjacent to floodplains should establish green space between the road and the floodplain to serve as open space, limit flood exposure, and facilitate channel maintenance. Development should not remove valuable tree canopy, but rather contribute additional trees to the urban forest. Denton Plan 2040 4-27 143 alp.9 �tll��F llofio Table 4.2: Mixed-use Development Criteria based on Vision North Texas 2050 Regional Center Office, retail, 100-200 50-100 600- 5 to All modes of multi -family jobs/acre units/acre 1,00 50 transportation; residential, 0 storie regional public light industrial acre s transit, parking and s restrictions, and entertainment; served by includes multiple major mixed-use. highways. Emphasis on employment uses. Metropolitan Office, retail, 50-80 Center multi -family jobs/acres residential and entertainment ; includes mixed-use. Community Center Single-family 30-50 and multi- jobs/acre family residential and retail; includes mixed use. 15-50 100- 2 to Served by one or units/acre 500 10 more acre storie corridor/regiona s s I lines and local services. Freeways with multiple access points. In some cases served by public transit. 5-10 20- 1 to 5 Served by at units/acre 100 storie least several acre s local transit and s located on an arterial network Served by a transit route providing connections to at least one Metropolitan Center. Commuter parking is located in this center. In some cases serviced by public transit 4-28 Community Character & Urban Design 144 Community Character &Urban Design 4 Neighborhood Mix of uses at 20-30 10-15 20- 1 to 5 Served by local Center a jobs/acre units/acre 100 storie roads and local neighborhood acre s transit to scale. s nearest larger center. Commuter parking is located in this center. in some cases served by public transit. Note: Transit -Oriented Development (TOD) projects may occur within any of these centers Source: Vision North Texas 2050 4.16.6 Employ the following guidelines in the design of Business Innovation land uses: ■ Encourage the development of office and business workplaces in close proximity to commercial, civic, and recreational uses. ■ Design office facilities (whether free standing or related to manufacturing uses) to address the street frontage at a pedestrian scale. ■ Orient and design business park structures around shared outdoor gathering spaces (rather than parking lots) to reinforce a sense of community and improve the quality of life of workers. ■ Consider the adaptive reuse of existing warehouse buildings in the area for non- industrial uses, such as office or community facilities. ■ Use varying building heights and setbacks to define different functions, such as offices and warehousing. ■ Screen all loading docks, platforms, and overhead bay doors from public view. Loading function should be located away from front streets and should be designed or screened in such a way as to reduce their visibility. 4.16.7 Partner and collaborate with LINT and TWU to create Neighborhood/ University Compatibility Area Small Area plans to establish specific planning guidelines for areas adjacent to UNT and TWU. 4.16.8 Employ the following guidelines in the design of Commercial land uses: ■ Consider two-story, "tall box" retail in lieu of one-story, "big -box" retail, and within key corridors, and take advantage of the height to make a statement at critical intersections in the community. Denton Plan 2040 4-29 145 alp.9 �tll��F llofio ■ Discourage use of the parking area as primary frontage area within and around the property. ■ Where a single -story commercial development is proposed, provide additional height to help mark the corner and make a significant statement on the street. ■ Discourage taking truck access directly off-key corridors. Encourage truck access and servicing in the rear of primary buildings. 4.16.9 Employ the following guidelines in the design of Government/Institutional land uses (properties not within the City's zoning jurisdiction, such as UNT or TWU, are encouraged to follow these principles): ■ Institutional and governmental buildings, such as city facilities, places of worship, schools, libraries, Fire and Police, post offices, and museums, should be placed in prominent locations. Potential sites include the frontage of plazas, in neighborhood centers, and where street vistas terminate in order to serve as landmarks and reinforce their importance. ■ Buildings should define parks and plazas, which are distributed throughout the neighborhood and appropriately designed for a range of neighborhood functions. Design and scale should be compatible with surrounding structures. 4.16.10 Employ the following guidelines in the design of Industrial land uses: ■ Minimize conflicts with adjoining land uses and efficiently utilize existing transportation systems. ■ Locate development in a manner that does not compromise health, safety, and welfare of community. ■ Design all facilities (whether free standing or related to manufacturing uses) to address the street frontage at a pedestrian scale. ■ Consider the adaptive reuse of existing warehouse buildings for non -industrial uses, such as office or community facilities. ■ Use varying building heights and setbacks to define different functions, such as offices and warehousing. ■ Screen all loading docks, platforms, and overhead bay doors from public view. Loading function should be located away from front streets and should be designed or screened in such a way as to reduce their visibility. 4-30 Community Character & Urban Design 146 Community Character &Urban Design 4 Guidelines for Focus Areas: The establishment of Focus Areas is an important element of ensuring quality development in key areas of Denton. Focus areas include Centers, Corridors, Gateways, Branding Stations, and Travel Centers that are located at key intersections and destinations throughout the city and were identified as part of the Plan development process. Due to their prominent locations—either currently or envisioned for the future—they warrant special design scrutiny that will result in perceivable distinction in design, urban vitality, and potentially increased development intensity in the future. Focus areas—Centers, Corridors, Gateways, Branding Stations, and Travel Centers—are not land use types, rather they are types of development that may occur within specified areas, allowable in the underlying mixed-use land use designation. The goal for identified Focus Areas is to create Small Area Plans that examine the areas to develop context -specific guidelines and land uses that go beyond the general recommendations of the Urban Design Principles and land use guidelines. These Small Area Plans should then be incorporated into the zoning code as overlay districts. The guidelines for Focus Areas add specificity to the Regional, Community, and Neighborhood Center Mixed-use land use designations for use in guiding the development types that may occur in those areas. Potential Focus Areas are listed below and illustrated on Figure 4.1: Focus Areas Concept. These focus areas were developed in the creation of the future land use alternatives during Denton Plan 2030 and remain the same in Denton Plan 2040. The focus areas illustrate potential areas of intensification, based on input from the community and City staff. Focus areas shown on Figure 4.2 include the following centers, corridors, and travel centers. Centers ■ Cole Ranch (intersection of potential Loop 288 extension and 1-35W) ■ Cole Ranch (FM 2449) Highway 377 and Country Club Road ■ Denton Center (University Drive/ U.S. 380 and Carroll Boulevard) ■ Denton Enterprise Airport (Airport Road) ■ Denton Natatorium and surrounding area (Loop 288 and Sherman Drive/ FM 428) ■ Downtown Denton (see Downtown Master Plan) ■ Elm and Windsor ■ Fry Street Denton Plan 2040 4-31 147 p1 RP,. Llo�o ■ Golden Triangle Mall ■ Hills of Denton (intersection of Loop 288 and Locust Street) ■ Hills of Denton (south of Milam) ■ Hunter Ranch (corner of 1-35W and Crawford Road) ■ McKinney at Loop 288/ Mayhill ■ McKinney at Trinity ■ McKinney at Woodrow ■ MedPark Station (Mayhill north of 1-35E) ■ Presbyterian Hospital Denton (1-35 at Scripture) ■ Rayzor Ranch (Town Center South) ■ Robson Ranch ■ Stonehill Center (at 1-35 and Loop 288) ■ Teasley and Teasley ■ Teasley at Robinson ■ Trinity North of McKinney ■ Trinity South of McKinney ■ Unicorn Lake ■ University at Loop 288/ Mayhill Corridors ■ Dallas Drive (1-35 to Eagle Drive) ■ Fort Worth Drive (1-35 to Country Club Road) ■ Fort Worth Drive/Carroll Boulevard (1-35 to Eagle Drive) ■ 1-35 Frontage Road North and South (Fort Worth Drive to North Texas Boulevard) ■ Mayhill Road (1-35 to University Drive) ■ Sherman Drive (Locust Street to Loop 288) ■ Teasley Lane (Lillian Miller Parkway to Dallas Drive) ■ Teasley Lane (1-35 to south city limits) ■ University Drive (1-35 to Loop 288) 4-32 Community Character & Urban Design 148 Community Character &Urban Design 4 ■ University Drive (Loop 288 to east city limits) ■ University Drive (1-35 to west city limits) Travel Centers 1-35 and Milam Road — 1-35 at West University Drive (U.S. 380) 4.17 Establish design guidelines for Focus Areas to aid in design review for key intersections and destinations in Denton, with the intention of creating Small Area Plans and corresponding Overlay Districts. 4.17.1 The following design principles should guide the design of Center Focus Areas: ■ Design and development intensity of Center Focus Areas will be determined by underlying land use shown in the FLUM and development regulations of underlying zoning districts. ■ New development in Center Focus Areas should adhere to general urban design guidelines and policies of the Community Character and Urban Design Element. (Table 4.1) ■ Coordinate designs for Center Focus Areas with best practices of NCTCOG, Project for Public Spaces, and other national resources. ■ Center Focus Areas should be included in the Citywide Branding and Placemaking Strategy. ■ Center Focus Areas that are located adjacent to key entry points to the city may employ guidelines for Gateways ■ Buildings in identified Center Focus Areas should be oriented along streets, plazas, and pedestrian ways. ■ Building facades in Center Focus Areas should create an active and engaging public realm and encourage walking and alternative transportation. Amenities for public transit and bicycle infrastructure should be included at key intersections/ focal points. ■ All modes of transportation should be accommodated to the greatest extent possible to contribute to efficient and safe travel for all modes. ■ Transitions between building intensity should be established between large- scale and small-scale development. The relationship can be improved by designing larger buildings to reduce their apparent size and recessing the upper floors of the building to relate to the lower scale of the adjacent, lower -density buildings. Denton Plan 2040 4-33 149 p1 RP,. Llo�o ■ Center Focus Areas that are within existing developed areas should complement the scale and architectural features of surrounding development. ■ Encourage parking structure designs that include landscaping and other aesthetic treatments to minimize their visual prominence. Parking structures should be lined with active and visually attractive uses to lessen their impact on the streetscape. ■ Parking standards should be reduced in centers to further principles for transit - oriented design. Buildings set back behind parking lots are discouraged. 4.17.2 The following design principles should guide the design of Corridor Focus Areas: ■ Design and development intensity of Corridor Focus Areas will be determined by underlying land use shown in the FLUM and development regulations of underlying zoning districts. ■ Promote high quality development along corridors to improve aesthetics, enrich neighborhoods, and encourage reinvestment. Design of new development should contribute to the overall visual quality of the corridor and define the streetscape. ■ Highlight important intersections and access points along key Corridor Focus Areas through enhanced architectural design features, streetscape treatments, or traffic -calming elements such as roundabouts to mark transitions and define character. ■ Apply zoning standards to discourage strip commercial shopping centers and auto -oriented development in Corridor Focus Areas. Buildings set back behind parking lots facing key corridors are discouraged. ■ In urban contexts and where Corridor Focus Areas intersect with Center Focus Areas, encourage development to create continuous facades built to activate the street wall, provide a sense of enclosure and improve pedestrian comfort. ■ Corridor Focus Areas that are within existing developed areas should complement the scale and architectural features of surrounding development. ■ Create visually cohesive Corridor Focus Areas using a variety of techniques including landscaping, undergrounding of utilities, and other streetscape improvements along key corridors. ■ Corridor Focus Areas that are located adjacent to key entry points to the city may employ guidelines for Gateways (CC 4.2.6). 4.17.3 The following design principles should guide design within Travel Center Focus Areas: 4-34 Community Character & Urban Design 150 Community Character &Urban Design 4 ■ Special signage and gateway treatment should be applied in order create a distinctive entry point into the city in Travel Center Focus Areas. ■ Land uses should be appropriate to support freight industry in Denton and recognize the importance of Denton as the first destination on 1-35 from points northward. ■ Landscape screening should be employed in parking areas. ■ Development should be oriented in a manner that reduces conflicts with adjacent sensitive uses, such as residential uses. ■ Buffering techniques should be employed to minimize impacts to adjacent sensitive uses, such as residential uses. Denton Plan 2040 4-35 151 FIGURE 4.1: Focus Areas Concept 152 „3 Lake Ray Robert • : 143 Branding Station CP : •. L_ J Municipal Boundaries El a City of Denton Travel Center Focus Area O ETJ l il& '• ��•� v COMP • • 77 288 Em i ��� • • OCO�'f �qO�,�F� • \g QQg �'� • •♦ INDS \ •'. •.• • ' F�� q`O� O : . , . Q� • 380 • • 0 377 �•. LF\\� UNIVERSITY . ♦�♦ U x i .. i •• 288 \ e p0 N 1 � 1 Q � •�Q� i 00 . • • � • � •'• O EA E T 3 O •..• • 1 1 .. a 00 \P'r • • Qy� Lake �� w >.�O ��� EL A •, aQPR- Lewisville • • • ��' p I`i� C • �i FM 2449 •••`�� 377 �J O % , 5\� 77 ,ICY' ' •. 3'�%'�>�C-� ENTO. % CORINTH QP+& `� i .. •i 0 ' ROBSON RANCH 1�9i5F77 N o0.s 1 2 "rot iy ' mMiles 152 Source: City of Denton • : Center Focus Area Branding Station Corridor Focus Area L_ J Municipal Boundaries • Gateway Focus Area City of Denton Travel Center Focus Area O ETJ 152 Au0 u ofio 5 Parks, Conservation & Environment Parks, Conservation & Environment Overview As the population grows and development expands over the plan horizon, providing parks and open space and the conservation of natural resources is essential for maintaining the quality of life and character of Denton. The policies that follow address the provision of new parks and open space resources, and resource conservation policies, addressing the following primary considerations, and are integrated into goals throughout the Comprehensive Plan: An integrated green infrastructure network created by the linking of parks and natural resources together through parks, trails, contiguous open space, and natural systems. Coordination with regional goals for holistic open space and recreation planning and ecosystem -wide conservation strategies. Provision of a variety of park types and amount of park land to match population growth and different community contexts. Creation of park lands and recreational facilities that incorporate elements of Denton's natural environment. Prioritization of conservation strategies that achieve integrated conservation objectives, including: protecting air quality, ecosystems and habitat, water body and watershed conservation and quality, and protection of rural, agricultural character. A framework for environmental policies that affect the built environment and city function. An overarching vision to implement Denton's sustainability plan: Simply Sustainable: A Strategic Plan for Denton's Future (2020), including proactive policies for green building and solid waste recovery. An overarching vision for the Parks, Recreation and Trail System Master Plan. A robust system of parks, open space and recreational resources are important for creating and sustaining memorable, livable neighborhoods, places to work, a balance of land uses, and Denton Plan 2040 5-1 153 alp.9 �tll��F llofio places of distinction throughout the community. Denton's natural environment is an essential element of the city that is important to character community as a whole, but is fundamentally tied to regional and global goals for environmental stewardship and sustainability, affecting the quality of life of Denton residents, the health of region, and beyond. Incorporation of considerations of open space and natural resource protection into every land use decision, from the smallest urban park to a regional land conservation strategy, is necessary for a plan of this scale to address natural resources adequately. Parks, Conservation and Environment in the Community Vision Statement The Character of Denton ■ Denton is consciously green. We area leader in our commitment to sustainability and we have a significant tree canopy, a network of parks and greenways, stream corridors, and urban forests. ■ Denton is safe and livable, a hospitable community of friends and neighbors. Our People, Institutions, and Government ■ The City of Denton is a healthy, family -friendly community which sees its youth as its most valuable resource; a resource worthy of investment in education, healthful recreation, and opportunities for challenging and rewarding employment and engagement in civic affairs. ■ The City of Denton has integrated, reconciled, and streamlined its plans, processes, policies, and regulations for consistency, clarity, and effectiveness. Sound Growth: Strengthening Our Form and Function Throughout Denton we see... ■ Managed, balanced, and sustainable growth in high-quality, livable urban, suburban, and rural places which offer diverse choices among neighborhood settings while respecting private property rights. ■ An efficient transportation system with a safe and well-connected road network which accommodates a wide array of mobility options, including local and commuter rail transit, as well as accommodations for pedestrians and cyclists. ■ Parks, greenways, stream corridors, tree canopy, and other natural resources integrating into the fabric of the community and contributing to healthy lifestyles. ■ Environmental stewardship through water conservation, positive contributions to regional air quality, sustainable development practices, green infrastructure, and renewable energy. 5-2 Parks, Conservation & Environment 154 Parks, Conservation & Environment 1 5 In our rural fringe areas of the city and the Extraterritorial Jurisdiction (ETJ) we see... ■ Contiguous, staged growth which is fiscally and environmentally sound, reduces fragmentation and sprawl, discourages premature development, and conserves the City's growth areas. ■ Conservation development which retains rural character, protects open space and greenways, enhances development value, and provides greater choices to land owners. The primary goal of the Parks, Conservation and Environment Element is the creation of a cohesive green infrastructure network within the city and advancement of environmental practices throughout. Green infrastructure refers to the network of natural systems that ties the city together in terms of ecological function and a providing a natural backdrop of rural character and aesthetic value. The notion of green infrastructure goes beyond conserving lands at the city's fringes, but rather supports the integration of open space into all parts of the city in the form of tree canopy, parks of all sizes and types, and sustainable stormwater management. The expansion of green elements into the everyday functioning of the city provides important habitat, areas for natural groundwater recharge, opportunities for residents to connect with nature, and the improvement of air quality through carbon sequestration, which is powerful in terms of climate change mitigation and reducing the urban heat island effect. Bringing about the goals of conservation and environmental measures takes a coordinated effort through multiple city departments and regional regulators. The policies of the Comprehensive Plan establish guidance to better protect open space through regulatory tools as well as encourage coordination among complementary Plan goals. Land use policy is the first step in ensuring open space protection, as it creates policies and dedicated land for parks and open space. However, mobility and infrastructure are also tied to the further support the health of Denton's environmental systems, from improved air quality via reduced vehicular emissions, through encouraging alternative modes of transportation; to incorporating stormwater management polices to conserve water resources. Finally, raising the environmental awareness of Denton's population through education, access to recreational resources, and providing ample opportunities for physical activity and interaction with the outdoors, will create a healthier Denton, one more appreciative of its natural surroundings. Ensuring adequate access to parks, open space, and natural resources will ensure a healthy, happy, and economically viable community for the next generation and for all cross sections of Denton's population today. Parks and Recreation Attractive, safe and well-maintained public parks, open space, and recreation facilities are essential elements of Denton's image and quality of life. Open space refers generally to any parcel or area of land or water that is devoted to either the preservation of natural resources, outdoor Denton Plan 2040 5-3 155 MR6 AURA uo4-o recreation, or public health and safety. Parks typically serve a recreation purpose, either passive or active in nature. When combined, "parks and open space" refers to the network of all such areas within the city. Strategically -placed and equitably -distributed parks can provide a wide array of opportunities for both individual and community enrichment. In addition, parks and open space may serve to protect environmentally -sensitive lands from potentially harmful effects of urban development, including curbing sprawl and reducing fragmentation, and mitigating against climate change, while also offering recreation benefits. Parks and open space are places to play, relax, and enjoy the natural environment, and to connect socially with others in the community. They can define a neighborhood and provide a cultural and historical focal point. If properly designed and maintained, parks can enhance the economic value of nearby properties. Open space preserves, trails and greenways can knit together neighborhoods with other important elements of the city's fabric, including schools, neighborhoods, community facilities, and commercial developments. Whether in the form of golf courses, parks for active recreation, protected natural areas, passive open space within neighborhoods, they add intrinsic value as well as real estate property value. Such lands can also serve as an effective buffer between incompatible land uses. In short, parks and open space help to protect the social, economic, and aesthetic qualities that Denton values. In order to preserve these qualities, the city will continue to expand its award-winning parks system as the community grows. Table 5.1. Types of Parks and Existing Acreage. City Park 976.55 Community Parks 43.30 Neighborhood Parks 337.23 Pocket Parks 41.21 Preserves 2,912.55 Linear Parks 61.48 Special Use Parks 211.92 Cemeteries 36.02 Total 4,620.26 Source: City of Denton Parks and Recreation Department December, 2021. At present the City of Denton's parks system includes over 5,000 acres of parks and open space recreation facilities. More than half of this acreage lies within the Clear Creek Natural Heritage 5-4 Parks, Conservation & Environment 156 Parks, Conservation & Environment 1 5 Center, the 2,835 -acre preserve opened in 2009 that provides an integral piece of achieving the City's environmental vision and provides an important outdoor recreation facility for the city. The park system in Denton includes five City Parks, five community parks, 21 neighborhood parks, five pocket parks, 3 preserves, 15 linear parks, and three special use parks with the overall goal of an additional 2,500 acres to the park system within the City and ETJ by 2040. Table 5.1 identifies the individual parks within each category and their associated acreage and Figure 5.1 depicts their location New parks are developed based on the recommended park acreage per 1,000 residents to achieve park level of service as well as meet the needs and vision of the community. Currently, park types, terminology, and level of service standards are based on the Parks, Recreation and Trail System Master Plan (2021) and the open space framework provided in the Open Space Master Plan (2002). The Parks, Recreation and Trail System Master Plan also includes recommendations for individual park elements and amenities within parks such as sports fields, picnic pavilions, playgrounds, and skate parks, based on community desires, suitable locations, and reasonable costs. In addition, standards are also being set to help define the park system for the future In ways such as, but not limited to, miles of trails, square feet per resident of Indoor space and residents per park. Including adequate park facilities to maintain the livability and quality of life of Denton is essential. To accomplish this, the city must match population growth through the provision of new and well- maintained parks, open space, and recreation facilities. In addition, the City must think big picture about how the parks and open space relate to one another, forming a network of facilities that are accessible regionally, locally, and on a community -by -community basis, linked with trails and bicycle paths, and contributing to a network of connectivity and natural resources that frame the city. The city should aim to have an appropriate balance of each of these types of parks to meet community needs and create an exemplary parks, recreation and open space system. City Parks City parks are typically greater than 50 acres and serve the entire city as well as larger region. They are often used to host citywide events. Recreational facilities In city parks may include recreation centers, athletic complexes, pool, trails, landscaping, playground, open space, benches, pavilion, and/or sculpture. Preserves A preserve land that is acquired and managed in accordance with the preservation of a particular type of habitat and its flora and fauna, which may be rare or endangered. Facilities in a preserve may include a structure for native environmental learning. Denton Plan 2040 5-5 157 alp.9 �tll��F llofio Community Parks Community parks are typically 30-50 acres serving multiple surrounding neighborhoods and featuring a variety of recreational facilities including sports fields, courts, aquatics, trails, landscaping, playground, open space, benches, pavilion, and/or sculptures Neighborhood Parks Neighborhood parks are typically 3 to 5 acres serving nearby neighborhood(s) within walking distance. Neighborhood parks usually include recreational facilities such as playground, open space, benches, pavilion, and/or a sculpture Pocket Parks Pocket parks are 0-3 acres that generally fill in gaps in park coverage and serve the general public. These parks typically include passive amenities such as seating and provide opportunities for beautification. Linear Parks Linear parks, or greenways, are stretches of open space that may contain amenities such as trails and trailheads. Linear parks, knit all open space together and also connect community assets, such as parks and schools, together Special Use Parks Special use parks have a dedicated and unique use. These may include skate parks or a historical site. The size of a special use park varies and serves the entire city. Cemetery As America's first parks, Denton cemeteries are both a place for historic preservation and remembrance. Cemeteries consist of burial plots. The size of cemeteries varies and serves the entire city. The goals and policies of the Comprehensive Plan will ensure that the needs of the community as well as the vision for parks, open space and recreational facilities are met as the city grows and develops. Policies and Actions Provisions of Parks: The Comprehensive Plan provides the overarching guidance and framework for the provision of parks and recreational resources. The vision for the provision of parks, open space, and recreation 5-6 Parks, Conservation & Environment 158 Parks, Conservation & Environment 1 5 facilities is to ensure that Denton is characterized by a superior park system that provides a variety of different park types, connected by trails and open space linkages, that provide recreational and open space opportunities for the growing population as well as achieve environmental benefits. Specific regulations for the development of parks, including standards and terminologies are located in the Parks, Recreation and Trail System Master Plan. Standards are established so that appropriate variety and the amount of parks are created to match population growth and community needs. Action 5.1.2 calls for the updating of this plan every five years. 5.1 Provide for the development of superior park facilities in a range of types and sizes, per city standards, to meet Denton's population growth. 5.1.1 Implement the vision for a park, open space, and trail system as most currently updated in which mobility to, from, between, and within the system is readily apparent and aligned with natural resources in the city and is linked regionally. 5.1.2 Update the Parks, Recreation and Trail System Master Plan at least once every five years to implement this vision. Align park terminology and recommended acreage standards with national standards and best practices. 5.1.3 Acquire and maintain sufficient land to keep pace with Denton's park needs based on standards of the updated Parks, Recreation and Trail System Master Plan. 5.1.4 Engage the community in the design and planning for new parks to create reflections of neighborhood, community, and city character, as with all community facilities design 5.1.5 Create designs for new recreation and open space facilities that respond to the context of specific neighborhood, the needs of specific segments of the community, and utilize best practices in park design. Create master plans to implement design. 5.1.6 Develop, fund, and implement future Capital Maintenance Programs and Capital Improvement Programs consistent with the updated Parks, Recreation and Trail System Master Plan. 5.1.7 Periodically survey community preferences and needs regarding parks and recreation. Incorporate this information into revisions of the strategic plan, annual action plans, and updates of the Parks, Recreation and Trail System Master Plan. 5.1.8 Actively pursue the creation of mini -parks, pocket parks, urban open space, and urban/community gardens on vacant parcels or other types of unused, available land throughout the city. 5.1.9 Ensure that no resident is more than a 10 minute walk from a park facility. Integrated Park Planning and Design: Denton Plan 2040 5-7 159 alp. po'Ir., It is important that the provision of parks not only address population -based development standards, but be coordinated with overarching city and regional policy for the protection of environmental resources, the achievement of high quality, memorable public spaces, and the attainment of regional environmental goals. Parks and open space provide myriad benefits for achieving environmental quality goals, such as improved air and water quality, as well as providing access to scenic corridors and views, and natural buffers. Parks and open space development and acquisition plans should endeavor to further regional goals as well as link with other relevant planning policy. Planning for trails needs to be coordinated regionally in order to facilitate a mobility connection between communities and foster a broader green infrastructure network. Trail planning is coordinated through the North Central Texas Council of Governments (NCTCOG). 5.2 Coordinate acquisition of parks and open space with goals for urban design, mobility, infrastructure, and environmental conservation objectives. 5.2.1 Implement the updated Parks, Recreation and Trail System Master Plan to prioritize development of trails and greenway corridors throughout Denton. Update the plan every five years to identify further significant scenic, historical, and environmentally sensitive lands, and determine strategies to preserve them. 5.2.2 Ensure that trail development is coordinated with NCTCOG to achieve regional mobility objectives that will link Denton with surrounding communities via a regional trail and greenbelt system. 5.2.3 Develop parks and open space adjacent to residential areas, community facilities, commercial centers, and the universities to link areas together via green space, and creating opportunities for outdoor access, and physical activity. 5.2.4 Acquire land for park dedication along drainage corridors and floodways to preserve environmentally sensitive lands, provide recreation opportunities, and promote stormwater management through green infrastructure 5.2.5 Utilize parks and recreation spaces as elements of air and water pollution management as well as an important tool in buffering incompatible land uses, and preventing sprawl and reducing fragmentation of development by promoting land conservation. 5.2.6 Encourage pedestrian and bicycle linkages to parks and recreation areas in order to promote mobility and community health goals. 5.2.7 Work with education communities to link parks within campus boundaries into the city network and create new parks and open space resources as part of campus development and environmental stewardship. Cost -Efficient Parks: 5-8 Parks, Conservation & Environment 160 Parks, Conservation & Environment 1 5 The provision of parks and recreation facilities and programs, like any community facility or service, impacts the city budget. High quality parks and open space, while a priority, are expensive to maintain, program and develop. The City of Denton should coordinate the planning and maintenance of parks and open space with other facilities in order to identify cost-efficient approaches and investigate the opportunity for revenue generating parks and privately -funded parks in the future. 5.3 Develop parks, open -space, and recreation facilities in a manner that is most cost-efficient for capital and operating expenses and coordinated among city departments, adjacent municipalities, DISD, and local institutions and recreation providers. 5.3.1 Require that plans for new park facilities are coordinated with planning for other community facilities, and vice versa. Identify opportunities for clustering multiple public facilities together with parks and recreation facilities, including libraries, fire stations, and school sites. 5.3.2 Research feasibility of creating revenue -generating parks and recreation features that can reduce the dependency on property tax revenue and generate profits to underwrite other recreation facilities and services. 5.3.3 Coordinate with adjacent municipalities, DISD, Denton County, and local institutions to explore opportunities for cooperative ventures in providing parks and open space. 5.3.4 Coordinate with adjacent and nearby municipalities, school districts, local institutions, and other agencies to develop a regional, connected trail system. Natural Areas, Natural Resources, and Conservation Environmental protection is one of the most significant ongoing concerns expressed by Denton citizens. During the public input process for Denton 2040 Comprehensive Plan update2O4O, as well as in previous Denton Plan updates, citizens repeatedly expressed that the natural environment of Denton was among its highest priorities. The City of Denton has already made great strides in the protection of its natural environment and addressing the value of its environmental resources appropriately by prioritizing the reduction of environmental degradation and pollution. With environmental concerns reaching out far beyond the city limits, successful environmental management must be coordinated with the regional community, in order to achieve goals to benefit Denton, the region, and the planet. Denton County lies at the juncture of the heavily -wooded region of Eastern Texas and the sparse Great Plains of West Texas. Three ecoregions give the City of Denton its mix of prairie grasslands and woodland character: the Blackland Prairie, Cross Timbers, and Grand Prairie land resource areas. Denton Plan 2040 5-9 161 alp.9 �tll��F llofio The Elm Fork Branch of the Trinity River is the origin of the water sources for the City of Denton and Denton County. Several major creeks that flow into the Elm Fork pass through the western part of Denton. Clear Creek, flows through the northern portion, while Cooper Creek, Hickory Creek, and Pecan Creek flow southeast through the central area of the city into Lake Lewisville. These creeks also define the city's watersheds. Denton is served by two lakes: Lake Lewisville and Lake Ray Roberts, both of which were constructed as part of the Trinity Regional Project of the U.S. Army Corps of Engineers. Lake Lewisville, located to the east of the City of Denton on the Elm Fork, is the city's primary source of drinking water. Lake Lewisville and Lake Ray Roberts are connected via a 10 -mile "Greenbelt Corridor" multi -use trail system that follows the banks of the Elm Fork. The trail begins at the Ray Roberts Dam and ends at the headwaters of Lake Lewisville. As a result of the environmental principles of the 1999 Denton Plan, Denton has identified areas with significant ecological value as Environmentally -Sensitive Areas (ESAs). These areas are subject to regulations that limit land -disturbing activity and development in special natural resource areas, as well as protect the city's water quality. ESAs provide important plant and animal habitats, as well as provide critical linkages for wildlife, as they are intended to link existing and planned open space within the city. Finally ESAs filter pollutants, serve as a source of resources, and serve as a sink and sequestration area for pollutants. ESAs, depicted on Figure 3.1, include the following areas as defined in the Denton Development Code: ■ 100 -Year Floodplain: Areas within the FEMA 100 -year floodplain in its natural state or areas that have been graded, filled, or otherwise disturbed. Riparian Buffers: Areas identified as 100 feet from the stream centerline for streams draining a basin of greater than one square mile, and 50 feet from any streams that drain areas of one square mile or less. Water -Related Habitat: Areas designated for wetland, tree, and understory preservation and including significant stands of predominately native water -related habitat. ■ Upland Habitat: Areas of a minimum of ten acres in size that contain remnants of the eastern Cross Timbers Habitat. The flagship of Denton's environmental progress is the establishment of the Clear Creek Natural Heritage Center. Denton, in partnership with the U.S. Army Corps of Engineers, designated the 2,835 -acre area in 2009 to celebrate the natural heritage of the city and region. Located in northeast Denton at the confluence of Clear Creek and the Elm Fork, this natural and recreational preserve is a central piece of Denton's open space network and showcases the city's natural resources, habitat, and ecoregions. It serves as a gateway to the rare bottomland habitat with a diversity of diverse flora and fauna. The Center works to: promote environmental citizenship; provide a place for people to interact and connect with nature; be a model of integrated learning for environmental, outdoor, and experiential learning; provide a leading example of conservation 5-10 Parks, Conservation & Environment 162 Parks, Conservation & Environment 1 5 and ecosystem restoration projects; and be an educational, recreational, and cultural resource for all people. In addition, Denton has enacted regulations to protect its water resources since adoption of the 1999 Denton Plan. The city received a Clean Water Act Section 319 grant from the Texas Commission on Environmental Quality (TCEQ) in 2010 to explore water quality issues within the Lake Lewisville Sub -basin of the Hickory Creek Watershed. As a result, the city will develop a framework of best management practice (BMP) incentives that can be applied throughout the Lake Lewisville watershed. The city also initiated the Watershed Protection Program in January 2001 to reduce pollutants within its surface waters and to ensure compliance with the National Pollution Discharge Elimination System (NPDES) Storm Water Phase II rule. During the first year of this program, monitoring results were used to establish preliminary baseline conditions for the physical, chemical, and biological components of the city's surface water resources. Results from this ongoing monitoring program are used to support the requirements of the Phase II stormwater program, assess water quality for the purposes of source water protection, and establish baseline conditions that can be used to evaluate any future changes in water quality. The city also has made strides in the preservation of its tree canopy, although there is strong community sentiment that the City should do more to preserve and increase it. Denton participates in programs such as Tree City USA (awarded for over 20 years), Scenic City, Keep Denton Beautiful, Keep Texas Beautiful, and Keep America Beautiful. Trees, parks, and public green spaces are viewed as more than just amenities, but essential to community health and quality of life. According to the Denton 2020 Urban Forest Master Plan, Denton has tree canopy over 28% of the total land cover. The city enforces a tree preservation ordinance known as the Tree Code that promotes the retention of existing trees, manages and limits tree removal, requires replacement and/or replanting of trees removed, protects trees during construction, and establishes site design and construction criteria to protect the long-term viability of existing trees. The city has discussed updating the Tree Trusts, a section of the tree preservation ordinance, to offer incentives for developers to preserve trees on existing tracts of land rather than remove trees and plant new ones, or pay into the Tree Fund. These tools are important for maintaining essential tree cover, important for a variety of economic and ecological benefits. As a responsible steward of the natural environment, Denton will enact an integrated approach to conservation management through the policies of the Comprehensive Plan, addressing goals for improving air quality, water quality, conserving resources (land, water, etc.), and reducing solid wastes. The city will consider environmental impacts of proposed plans, programs, and regulations and work with regional, state and federal agencies, and neighboring jurisdictions to improve the quality of the city's and region's natural environment. Tools to protect natural resources may include mitigation banks, which encourage the replacement of function and value of natural resources if preservation is a financial impediment to landowners. Through this and Denton Plan 2040 5-11 163 alp.9 �tll��F llofio other tools, the policies and implementation of the Comprehensive Plan, Denton will continue to develop and implement strong resource conservation programs for water, native, and restored wildlife habitat areas, sensitive lands, and urban forests. Conservation of these areas will be promoted through education programs, incentives, design standards and regulations. Policies and Actions Green Infrastructure Network: Environmental conservation encompasses a range of considerations: water quality, air quality, soil erosion, habitat preservation, public health, agricultural productivity, and rural character. As such, a variety of tools are available to ensure protection of natural resources. Many strategies are related to specific solutions, such as air quality regulations for industrial uses. Others strategies are more far reaching in scope, related to overarching land use and development patterns, and transportation choices. One of the most important aims to achieve in conservation is to achieve a green infrastructure network in Denton, connecting the city through open space and its tree canopy. This network provides both a natural backdrop of rural character and the integration of open space into development, as well as providing important habitat, areas for natural groundwater recharge, and the improvement of air quality through carbon sequestration, which is powerful in terms of climate change mitigation. Regulating conservation takes a coordinated effort through multiple city departments and regional regulators. The policies of the Comprehensive Plan establish guidance to better protect open space through regulatory tools as well as encourage coordination among complementary Plan goals. 5.4 Promote the formation of a cohesive, broad green infrastructure framework for the city that links open space and natural resources, incorporates goals for land conservation and management, and retains the rural and natural character of Denton. 5.4.1 Further the ESA program to create an integrated system of publicly -owned natural areas that protect the integrity of important conservation sites, protect corridors between natural areas, and preserve outstanding examples of Denton's diverse natural environments. 5.4.2 Acquire and manage land and water to preserve, protect, and enhance important natural areas to contribute to a natural, healthy community and environment. 5-12 Parks, Conservation & Environment 164 Parks, Conservation & Environment 1 5 5.4.3 Use the ESA framework as basis for guiding land use decisions and providing an equitable distribution of natural resources throughout the city. 5.4.4 Encourage the preservation of floodplain and open space access as a community- wide recreational resource instead of singular ownership by one person or a single neighborhood. 5.4.5 Promote Denton's sustainable features and practices, natural assets, and Parks, Recreation, and Trail System as distinguishing traits for economic growth and community development through public relations materials and business attraction. 5.4.6 Encourage environmental awareness, the ethical use of natural resources, and preservation of natural habitat through all development policies. 5.4.7 Require Environmental Sensitive Area Assessments for development sites where areas of high ecological values (Environmentally Sensitive Areas) are proposed to be disturbed that will trigger appropriate management practices including any necessary mitigation actions. (DP. 104) 5.4.8 Promote Conservation Development to protect open space and rural character and reduce development pressure on agriculture. 5.4.9 Work with State of Texas Department of Agriculture to conduct a survey of Prime Agricultural Land consistent with Farmland Mapping and Monitoring Program (FMMP) standards to determine potential locations and value of agricultural land threatened by urban development within Denton city limits and the ETJ. 5.4.10 Encourage use of conservation easements and land trusts to protect agricultural land and heritage rangelands through State of Texas Department of Agriculture (i.e. Family Land Heritage Properties) and Natural Resources Conservation Service (NRCS) programs. 5.4.11 Make broader use of mitigation banks to facilitate market-based compensation to landowners that choose to help protect environmentally sensitive lands. 5.4.12 Explore adequate public facilities requirements in coordination with land use policies and open space conservation. 5.4.13 Implement clearing and grading requirements to minimize erosion, eliminate clear - cutting, reduce sedimentation, and reduce fugitive dust (airborne particles) in new construction. Utilize guidance of LEED for new construction. 5.4.14 Incorporate strategies regarding Land Use and Open/ Natural Space from Denton's Sustainability Plan: Simply Sustainable, 2020. and the updated Parks, Recreation and Trail System Master Plan. Denton Plan 2040 5-13 165 alp.9 �tll��F llofio Expanding and Protecting Tree Canopy: As stated, Denton has strong community support for the expansion of its existing tree canopy preservation program. Denton's tree canopy, in concert with its parks, trails and open space, provide an essential layer of the city's green infrastructure network and provide environmental and aesthetic benefits community health and quality of life. Much of Denton's tree canopy is already under protection in ESAs and the city's Tree Code as discussed above. However, a variety of tools exist to further promote the preservation of Denton's tree canopy. These tools are important for maintaining essential tree cover, important for a variety of economic and ecological benefits. Maintaining the urban tree canopy should be done in accordance with existing city policies and ordinances. However the City should proactively engage service providers to amend service criteria so as to contribute to maintaining a healthy tree canopy and coverage. 5.5 Ensure the protection of Denton's tree canopy as an essential element of Denton's cohesive, broad green infrastructure framework. 5.5.1 Regularly review the Urban Forestry Master Plan to identify important tree canopy resources and include specific strategies for protection and provision of a more robust tree canopy. 5.5.2 Research and validate the percentage of tree canopy goal in Denton and establish regulations accordingly, taking into consideration the topography and habitats present and also Denton's geographic location. 5.5.3 Follow the recommendations in the 2016 State of the Tree Study and I -ECO tree assessment. 5.5.4 Promote Denton's commitment to sustainable community growth and community aesthetics/appearance through continued participation with the organization Keep Denton Beautiful, in programs such as Tree City USA, Bee City USA, Monarch City USA, Scenic City USA, and the Governors Community Achievement Award. 5.5.5 Update the Tree Trusts section of the tree preservation ordinance with incentives for developers to preserve existing trees located in development sites rather than remove or replace trees, or pay into the Tree Fund. 5.5.6 Establish Tree Preserves in which the City purchases lands identified to have significant amounts of historic trees for long-term preservation. 5.5.7 Ensure that service providers are in compliance with the Tree Code regarding tree trimming and planting requirements. Habitat and Ecosystems Protection: 5-14 Parks, Conservation & Environment 166 Parks, Conservation & Environment 1 5 Habitat preservation is at the core of environmental protection. Denton's location within the ecoregions of the Blackland Prairie, Cross Timbers, and Grand Prairie, as well as at the confluence of the tributaries of the Trinity River, make the city and surrounding county rich in ecological resources. A key element of land conservation is the protection of native flora, fauna, and aquatic species. Extensive research has been conducted on the value of the habitat in Denton and many areas have been protected as a result of the ESA program, as well as interpreted at the Clear Creek Natural Heritage Center. The policies of the Comprehensive Plan will ensure the furtherance of environmental protection goals and education, to ensure the continued safeguarding of precious habitat resources. 5.6 Promote the retention of essential ecosystems and habitat in Denton's land conservation strategies. 5.6.1 Develop a plan for conservation and preservation of the unique and endangered native Cross Timbers Forest region trees, Blackjack Oak and Post Oak, which are critical to the local wildlife and natural ecosystem of Denton. 5.6.2 Develop conservation and development priorities to be used by planners and decision makers to systematically identify, evaluate, and synthesize various environmental attributes and evaluate ecological values. 5.6.3 Create a 10 -year plan for acquiring and preserving open space that are considered to be of high value for ecological preservation and are not already under protection. 5.6.4 Determine a standard for open space provision as a percentage of development area that new developments on greenfield land must provide on- or off-site. Include this provision in development standards for Master Planned Communities (MPCs). 5.6.5 Expand the City's public education programs to celebrate Denton's ecosystems through physical interpretation, site management, conservation, sustainability, watershed protection, and urban forestry. 5.6.6 Update the criteria to identify and prioritize habitats with emerging trends, current conditions, and new expertise to strengthen and continue use of this tool for open space protection. 5.6.7 Coordinate ecosystem protection goals with surrounding municipalities and Denton County. 5.6.8 Continue to enforce and update the ESA regulations to manage important natural areas that preserve wildlife habitat and native landscapes, while providing opportunities for education, scientific research, nature interpretation, art, fishing, relaxation, wildlife observation, hiking, and other activities. Denton Plan 2040 5-15 167 p1 RP,. Llo�o 5.6.9 Create an overlay to protect areas of Clear Creek Natural Heritage Area not already under ESA protection. Air Quality: Air quality, is an issue that affects the entire North Texas region. Nine counties in the Dallas/Fort Worth metropolitan area (Denton, Collin, Dallas, Ellis, Johnson, Kaufman, Parker, Tarrant, and Wise counties) have been classified by the U.S. Environmental Protection Agency (EPA) as "non - attainment" areas for 8 -hour ozone. The EPA has classified the entire Dallas -Fort Worth metropolitan area as a "marginal" ozone non -attainment area. Much of this is as a result of vehicular travel and other factors. Improving the air quality of Denton and the region requires a multi -pronged approach. Air quality is affected by not only vehicular emissions and pollution, but can be ameliorated by natural factors such as tree canopy. Denton has the opportunity to not only improve air quality through the enactment of compact growth principles and multi -modal strategies, but a move towards sustainable building design, industrial standards, and the preservation of open space. The compact growth framework, furthered by the entire Denton Plan 2030 and discussed most thoroughly in the Land Use Element, puts forward policies and actions that will result in development that is located in closer proximity, thereby generating fewer vehicle trips and preserving the greatest amount of open space. The Texas Commission on Environmental Quality (TCEQ) and the North Central Texas Council of Governments (NCTCOG) both already have strong policies in place that can serve as guidance for Denton to ensure appropriate compliance. Also, the preservation of open space will contribute to carbon sequestration that can also have a positive influence on Denton's atmospheric quality. 5.7 Uphold regional air quality goals through conservation strategies that improve air quality in Denton and the region. 5.7.1 Promote the expansion of alternative transportation options such as public transportation, walking, and bicycling through implementation of the 2021 Mobility Plan and the Parks, Recreation and Trail System Master Plan that reduce vehicle trips and thereby reduce emissions. 5.7.2 Protect and increase existing tree canopies and promote the enforcement of an enhanced and high-quality Tree Preservation program to increase natural carbon sequestration. 5.7.3 Continue to work with the NCTCOG to address air pollution on an airshed basis, including regional programs for alternative transportation. 5.7.4 Update policies to reduce point -source emissions in keeping with Texas Commission on Environmental Quality (TCEQ) policy. 5.7.5 Incorporate air quality and greenhouse gas (GHG) management strategies from Denton's Sustainability Plan: Simply Sustainable (2020). 5-16 Parks, Conservation & Environment 168 Parks, Conservation & Environment 1 5 5.7.6 Research and implement methods to view and quantify the value trees provide as infrastructure. 5.7.7 Implement methods to mitigate any adverse effects of oil and gas drilling and production on air quality, such as requiring Vapor Recovery Systems in compliance the 2015 Gas Well Ordinance. 5.7.8 Explore and implement requirements to improve air quality through private community actions, new development, and revitalization efforts. Water Quality and Conservation: Denton has made strides in recent decades to protect and value its water system, including water bodies and watersheds. Denton's ESA program has been successful in helping to protect its natural resources and improve water quality, both for human consumption and habitat. Denton should continue to enforce the ESA program, as well as participate in regional coordination to address issues of water quality, conservation, and supply. An innovative, comprehensive approach to natural resources protection will ensure that protecting water quality and habitat will be coordinated with regional goals for air quality, land protection, as well as goals for mobility and the enhancement of the public realm. The adoption of green infrastructure features as part of the Infrastructure and Utilities Element policies will be instrumental in improving water quality, conservation, and the natural functioning of Denton's ecosystems. Water conservation is very important for Denton, as well as other cities North Texas, due both to population growth and the potential for drought in the region. Water conservation is accomplished through regulations to reduce water consumption on individual property and through community education to achieve conservative use of water. The City completed the Water Conservation and Drought Contingency Plan (2012 with an update to the Drought Contingency Plan in 2019) to increase community resiliency to drought, and regularly monitors water consumption. The City will strive to continue this program, coordinate regionally with water conservation goals, and update necessary regulations to promote water conservation on private and public property. 5.8 Incorporate water management and floodplain preservation strategies into conservation prioritization to improve water quality and maintain the functioning of natural systems. 5.8.1 Continue to enforce and update the ESA regulations in order to improve water quality and maintain floodplain habitat through preservation of the 100 -year floodplain and wetlands. 5.8.2 Preserve stream buffers and the bottomland hardwood habitat and wetlands in accordance with ESA regulations. Denton Plan 2040 5-17 169 p1 RP,. Llo�o 5.8.3 Review and revise engineering standards for roads and stormwater systems to apply low -impact design (green infrastructure) elements to improve the quality of stormwater runoff. 5.8.4 Coordinate development of greenways and trails along the floodplain and tributaries to promote recreational and mobility goals. 5.8.5 Limit creation of new impervious surface areas as a result of new development through the adherence with the City of Denton iSWM Design Manual including low - impact design regulations and incorporation of green standards (i.e. LEED) for new construction. Ensure that measures are regularly enforced and not waived. 5.8.6 Continue to enforce and update the ESA regulations to restrict development and encourage greenbelts and other low -intensity land uses incorporated into new development. 5.8.7 Continue to enforce and update the ESA regulations to actively protect, manage, and enhance natural stream corridors and other waterways as natural ecological systems, important wildlife habitat, and accessible recreational areas. 5.8.8 Incorporate water quality and watershed management strategies from Denton's Sustainability Plan: Simply Sustainable (2020). 5.8.9 Continue to monitor quality of Denton's drinking water and provide annual updates to community members and to be posted online. 5.8.10 Coordinate regionally to achieve regional goals of conserving the water supply of North Texas and drought preparedness, such as participation in Water Efficiency Network of North Texas (WENNT) 5.8.11 Continue to implement the 2012 Denton Water Conservation and Drought Contingency Plan to help reduce per capita water use. 5.8.12 Encourage community members to employ best management practices for water reduction such as use of landscape irrigation improvements. Sustainability Framework Denton has established itself as one of the most environmentally proactive cities in the country. The City completed and adopted a sustainability plan: Simply Sustainable: A Strategic Plan for Denton's Future in 2020, which is highly regarded and followed. In addition Denton Municipal Electric (DME) is a leader in the country in the provision of energy from renewable sources, providing approximately 70 percent of its energy from renewable sources as of 2019. Achieving a more sustainable future for Denton remains a priority for the City and the community, with the intent of continually raising the bar. As sustainability is one of the overarching themes of the Comprehensive Plan, it is understood to be both a top priority of the plan as well as an issue 5-18 Parks, Conservation & Environment 170 Parks, Conservation & Environment 1 5 that transcends many topics. Policies and actions furthering sustainable practices in terms of land use, land conservation, renewable energy, mobility, water and wastewater services, stormwater management, local food production, and solid waste are found throughout the Plan. Policies and Actions Green Building Design: 5.9 Further the incorporation of green design standards for new construction and improvements to existing buildings and the public realm. 5.9.1 Explore green building standards for new residential and commercial construction, using Green Built'" Texas as a standard. Assign a staff person to oversee and streamline green building project design and commissioning to increase feasibility and reduce project cost. 5.9.2 In the absence of a Green Building Ordinance, encourage certification by Green Built'"" Texas for construction of residential projects. 5.9.3 Promote the establishment of green building service businesses locally in Denton that are hired to further green build goals in the city. 5.9.4 Create guidelines and incentives for the construction of green roofs in Denton. 5.9.5 Create guidelines and incentives for the use of Energy Star certified products in new construction and commercial and residential remodels. 5.9.6 As part of Green Building ordinance, encourage the use of sustainable and locally - sourced materials in new construction and rehabilitation. 5.9.7 Encourage the use of durable materials in all construction that will last and not contribute to significant maintenance needs. 5.9.8 Require that all commercial buildings, including City buildings comply with standards for reduced energy consumption. Low -Impact Development: Low -impact development is a component of sustainable design that refers to the design of the public realm in a manner that mimics natural systems. Low -impact design guidelines are included as part of the North Central Texas Council of Government's (NCTCOG's) iSWM Criteria Manual for Site Development and Construction that Denton revised in 2015. This manual includes seven categories of guidance including: Planning, Water Quality, Hydrology, Hydraulics, Site Development Controls, Construction Controls, and Landscape guidelines. The manual includes best Denton Plan 2040 5-19 171 alp.9 �tll��F llofio management practices (BMPs) for site design, including stormwater flows, permeable paving, and drought -tolerant landscaping. By adherence to these guidelines, future development in Denton will be up to the regional standards of sustainable development. 5.10 Further the incorporation of low -impact development for the site design. 5.10.1 Implement the North Central Texas Council of Government's (NCTCOG's) iSWM Criteria Manual for Site Development and Construction and continue to participate with regional groups to identify and implement best practices. 5.10.2 Coordinate with design guidelines created for new roads, pedestrian improvements, and trails to ensure that sustainable materials are chosen for site design, such as permeable paving materials that mimic natural systems. Renewable Energy: Advancing the progress for renewable energy provision remains a priority for the City of Denton and the community and is an important component of sustainability. As stated in the Infrastructure and Utilities Element, offering cost-effective renewable energy as well as continuing programs such as GreenSense to offer flexibility for consumers is a goal for Denton Municipal Electric (DME), Denton's electric utility. 5.11 Ensure that renewable energy actions are an element of the sustainability framework for the City and a basis for an updated Sustainability Plan. 5.11.1 Incorporate actions for Cost -Effective Service, Cost -Effective Renewable Energy, and Lighting Standards are incorporated into the sustainable management practices of the City and the updated Sustainability Plan. Solid Waste and Recycling: Management of solid waste and recycling is an important component of sustainability. As stated in Infrastructure and Utilities Element, recycling, landfill gas programs, organic materials and materials recovery are all priorities of the Denton community and have impact into the sustainable operation of the City. 5.12 Ensure that solid waste and recycling goals are an element of the sustainability framework for the City. 5.12.1 Incorporate actions for Waste Minimization and Resource Recovery, Efficient Solid Waste and Recycling, and Environmental Protection and Disposal Capabilities are incorporated into the sustainable management practices of the City and the updated Sustainability Plan. Local Food Production: Local food is central to furthering sustainability. Food sources are important to issues of community health, economy, and the environment. Food production also affects air and water 5-20 Parks, Conservation & Environment 172 Parks, Conservation & Environment 1 5 quality based on the distance that food travels to be consumed in Denton, as well as the practices of local farmers in terms of irrigation. Already the City of Denton supports local farmers, urban agriculture, and community gardens, as well as local businesses focused on locally -sourced and sustainable food. The Comprehensive Plan further supports this goal. Policies in the Land Use and Community Health, Safety and Services Elements contain goals to further local food production practices and access to healthy foods. 5.13 Ensure that local food production continues to beat the forefront of the sustainability framework for the City. 5.13.1 Continue to expand community gardens and urban agriculture to promote access to healthy foods. 5.13.2 Actively seek out and implement methods to make local food production easier. Denton Plan 2040 5-21 173 �16l�WIFAM 1 .. 6 � Mobility Mobility Overview Denton is a fast-growing community with growing travel demands among residents, students, and employers. Travel demands include trips to and from work, around town, and to areas outside of Denton. Travel demands increase with population growth, and grow in duration according to the amount of distance between origins and destinations. Travel demands impact the need for more roads to accommodate traffic of all kinds, and are used to model impacts ranging from air quality to fiscal performance. The City and its partners will be challenged in the future to provide a safe, convenient and efficient transportation system as growth occurs in the decades to come. For much of Denton's recent growth, the automobile has continued as the primary form of transportation, utilizing the farm -to -market road network. While the private automobile will continue to be a major part of the city's transportation system, lifestyle, economic, community design, and infrastructure considerations will drive the development of a more balanced transportation system to complement Denton's growth. Walking, cycling, and riding transit will experience increased emphasis in the decades to come. This has implications for how Denton provides facilities for walking and cycling, how Denton County Transportation Authority (DCTA) provides transit service, and how land use and development patterns influence travel behavior. The Mobility Element presents a comprehensive vision and opportunity to guide future mobility related plans, studies and actions. The Mobility Element references differences in current transportation standards, utility practices, and approaches to complete street and multi -modal standards that will support the overarching vision and land use pattern of the Comprehensive Plan. While opportunities exist to adopt guidance that results in streets designed for a range of users and modes, it is important that they be consistent with TxDOT and City standards as applicable. As a result of the Mobility Plan update, the City is updating plans and manuals and coordinating between city departments, the NCTCOG, and TxDOT to ensure consistency. Denton Plan 2040 6-1 174 AURA uo4-o Freight movement associated with Denton's manufacturing and distribution sectors is a key component of the city's economic base, and as such, an important element to consider in the design of the mobility network. As Denton and its travel demand grows, the city must ensure viable freight access and mobility on its transportation network. Mobility in the Community Vision Statement The Character of Denton ■ Denton is consciously green. We area leader in our commitment to sustainability and we have a significant tree canopy, a network of parks and greenways, stream corridors, and urban forests. ■ Denton is safe and livable, a hospitable community of friends and neighbors. Our People, Institutions, and Government ■ The City of Denton government is customer -friendly and prides itself on its transparency and open communication, utilizing modern technology, its efficient provision of public services and facilities, and through its leadership in seeking to realize the Vision of Denton's future. The Strength of Our Economy ■ We leverage our strategic location and multi -modal accessibility in the Metroplex and capitalize on key assets such as the Denton Enterprise Airport. ■ We value and support our major manufacturing employers and other responsible corporate citizens to ensure their stability, encourage their commitment to Denton, facilitate their expansion, and leverage their presence by accommodating their suppliers, supporting businesses, and workers. Sound Growth: Strengthening Our Form and Function Throughout Denton we see... ■ An efficient transportation system with a safe and well-connected road network which accommodates a wide array of mobility options, including pedestrians and cyclists, and local and commuter rail transit. ■ Special attention paid to our major travel corridors, both aesthetically and functionally, representing Denton's character, brand, and excellence. ■ Infrastructure systems which have undergone well-planned, staged expansion to serve and manage the city's growth. ■ Parks, greenways, stream corridors, tree canopy, and other natural resources integrating into the fabric of the community and contributing to healthy lifestyles. ■ Environmental stewardship through water conservation, positive contributions to regional air quality, sustainable development practices, green infrastructure, and renewable energy. 5-2 Parks, Conservation & Environment 175 Mobility 6 In our rural fringe areas of the city and the Extraterritorial Jurisdiction (ETJ) we see... ■ Contiguous, staged growth which is fiscally and environmentally sound, reduces fragmentation and sprawl, discourages premature development, and conserves the City's future growing room. One of the major priorities of the Comprehensive Plan is to maintain elements of its small-town charm, as well as to create new places that are interesting, safe, hospitable, and livable. As streets constitute a large portion of the public realm and are often places where the community comes together, transportation and the design of the street network can play a large role in setting the tone for community character. Additionally, streets can play a strong role in the promotion of a greener Denton by incorporation of green infrastructure in new and retrofitted streets. Motor Vehicles Denton is located in the northwest portion of the Dallas -Fort Worth Metroplex at the convergence of Interstates 35E (from Dallas) and 35W (from Fort Worth). The City is also served by US Highway 380, which is a major east -west connection between Denton County and Collin County in the northern portion of the Metroplex, and US Highway 377, which runs parallel to 1-35W into Fort Worth. 1-35E is the primary route connecting Denton to the heart of the Metroplex to the south and as a result suffers from congestion on a daily basis The travel demand model prepared by the NCTCOG estimates that most workers who live in Denton County commute to jobs outside of the County (approximately three-fourths). An estimated 2.8 million motor vehicle trips are made each day in Denton County. Of these, about one-quarter are trips made between home and work. NCTCOG travel forecasts estimate that total trips will increase to more than 4.7 million by 2030. The highest growth in trip generation is expected to come from the area in southeast Denton County. In 2012, travel times ranged between 30 to 60 minutes to Fort Worth and 45 to 75 minutes to Dallas during peak commute periods. According to NCTCOG's travel forecasts described in its long-range planning report Mobility 2045 Plan, these travel times will remain generally consistent over the next two decades, although travel times to destinations east of Denton into Collin and Rockwall Counties are expected to increase by approximately 10 to 15 minutes. With the expected increase in both trips and travel times, upgrades to the road infrastructure in and around Denton are required. Widening of 1-35 from the 1 -35E/1 -35W split to the state line will begin construction in 2023. 1-35W will be also be widened and a frontage road added in another short-term TxDOT project. Locally, Denton's street network is based on a farm -to -market street framework in which several arterials, including US 380, US 377, US 77, FM 426, and FM 428 converge in Denton's traditional center. Loop 288 (on the east and north sides) and 1-35 (on the south and west sides) form a "loop" around the city. A planned extension of Loop 288 would extend the loop further west and Denton Plan 2040 6-3 176 alp.9 �tll��F llofio south, which would foster development in those portions of the city. Close coordination and active engagement with TxDOT is necessary as the alignment may be in conflict with gas wells and underground pipelines that proliferate west of 1-35. The Roadway Network is shown in Figure 6.1. and is shown in greater detail in the Mobility Plan. Within Denton's traditional center, including Downtown and surrounding neighborhoods, the grid street network is distributed among local and collector streets, which are well-connected and evenly spaced between the arterials. Further out—closer to the loop and beyond—the street network becomes a more disconnected suburban pattern. Residential developments become more internally -oriented and funnel traffic to arterials through one or two connections. Commercial uses are typically located at the intersections of arterials and/or extend along arterials in strip fashion. Although Denton experiences a large degree of out -commuting, there are several major trip attractors within the city, including: ■ A cluster of manufacturing and distribution facilities on and near Airport Road just, west of I- 35; ■ The University of North Texas; ■ Texas Woman's University; ■ Several hospitals, including Denton Regional Medical Center, North Texas Hospital, and Presbyterian Hospital; ■ Rayzor Ranch; and ■ The Golden Triangle Mall. What is the Mobility Plan? The 2022 Mobility Plan identifies specific transportation projects and strategies for the City of Denton, including streets and bicycle and pedestrian facilities. It is guided by the goals, policies and actions of the Mobility Element. Policies and Actions Mobility Plan: The Roadway Component Map of the Mobility Plan is the guiding document for the development of Denton's street network. This Plan will not be realized as a result of a single decision or action. Rather, it is the cumulative result of a number of decisions spanning various entities and years. As 6-4 Mobility 177 Mobility 6 a result, it is essential that plans, policies, and activities that have implications for roads within the city be guided by the Comprehensive Plan. At the local level, this means that the Mobility Plan should be an integral part of the layout of street networks in the site plan review process. It should also be the starting point for road projects as they make their way into Capital Improvement Programs and Plans. At the regional level, the Mobility Plan makes Denton's case for the inclusion of the city's priority projects to be funded in the Transportation Improvement Program (TIP), Long Range Transportation Plan (LRTP), and ultimately built by private developers, the City, Denton County, TxDOT, or a combination thereof. 6.1 Pursue new corridors and improve existing corridors in a manner consistent with the Roadway Component of Denton Mobility Plan. 6.1.1 Implement the updated Mobility Plan to be consistent with the Future Land Use Map (. 6.1.2 Coordinate the Capital Improvement Plan (CIP) as a means for pursuing city road projects and streetscape improvements. 6.1.3 Continuously coordinate the management of the Capital Improvement Plan (CIP), Mobility Plan, and Denton Plan 2040 to ensure that policies are coordinated. (LU 2.4.1, 2.4.2) 6.1.4 Advocate for projects in the Mobility Plan to be included in the regional Long Range Transportation Plan (LRTP) and the Transportation Improvement Program (TIP), both maintained by the North Central Texas Council of Government's (NCTCOG). 6.1.5 Ensure new development is consistent with and preserves new roads and road improvements identified in the Mobility Plan. As part of the development review process, include a check of the Mobility Plan to ensure that adequate provisions for right-of-way have been made. 6.1.6 Revise the Denton Development Code and related development standards consistent with the updated Mobility Plan. 6.1.7 Establish a procedure for all roads in Denton to comply with consistent standards that contribute to mobility goals, regardless of whether roads are under control of and/or funded by the City, Denton County, TOOT, or federal. 6.1.8 Coordinate local road expansion with TOOT plans for the expansion of I -35E, 1-35, and other TOOT roadways. 6.1.9 Coordinate regulations regarding gas wells and pipelines with TOOT plans for the extension of Loop 288 and other major roadways. Denton Plan 2040 6-5 178 p1 RP,. Llo�o 6.1.10 Continue the city's wayfinding strategy to guide motorists, bicyclists, and pedestrians throughout Denton, noting key entry points, landmarks, and destinations. Coordinate with the Citywide Branding and Placemaking Strategy to call out landmarks and destinations as part of this strategy, where feasible 6.1.11 Partner and collaborate with projects that are major trip attractors to develop and implement innovative ways to manage congestion and incentivize best practices for peak management. Safety: An important priority for the City is the safety of our citizens. Mobility can be safer by improving our roadway networks, minimizing safety risks and promoting safe behaviors. 6.2 Implement the Mobility Plan as it relates to safety. 6.2.1 Develop and implement Vision Zero Plan for Denton, refer to the Mobility Plan. 6.2.2 Design and construct a safe public realm as it relates to mobility (vehicular, bicycle, pedestrian and transit). 6.2.3 Research and obtain funding to design and construct a safe public realm. 6.2.4 When applicable apply for funding through the Congestion Mitigation and Air Quality Improvement (CMAQ) Program. Connectivity: Well-connected street networks result in more direct routes and shorter travel times, as opposed to a few large, multi -lane arterials which create congested intersections and longer, more circuitous routes. Robust street networks also include smaller streets with less traffic, which are more conducive for walking and cycling. The differences among these connectivity options are shown in Figure 6.2. It is important to note that this network does not necessarily have to be provided by the public sector. This network could easily be built as part of private development, as long as it provides connectivity to the external network and it meets applicable design and construction standards. 6.3 Promote street networks and connectivity for the efficient distribution and movement of motor vehicles, bicycles, and pedestrians. 6.3.1 Update the Denton Development Code and Transportation Criteria Manual to include connectivity standards for new development that are consistent with the Mobility Plan. 6.3.2 Pursue new opportunities to achieve new roadway connections as development opportunities arise. Update the Mobility Plan accordingly. 6.3.3 Provide emergency access when designing new residential subdivisions. 6-6 Mobility 179 Mobility 6 Mobility and Land Use: Land use has a profound influence on travel behavior. How close together or far apart we build our communities has a direct effect on the amount of driving we do or whether we are able to walk or ride a bicycle. There is a direct relationship between the compactness of our neighborhoods and feasibility of transit service. The Land Use Element and Community Character & Urban Design Element prescribes and Urban Design Plan which facilitates area plans, overlay districts and infill development that support future land uses, such as mixed-use centers surrounded by compact neighborhoods that are conducive to walking, cycling, riding transit, and short automobile trips. These land uses should be encouraged for their ability to support a balanced transportation system and reduce the amount of demand placed on Denton's street network. 6.4 Pursue a coordinated land use and mobility strategy to reduce motor vehicle trip lengths and reduce the need for motor vehicle trips. 6.4.1 Encourage and incentivize new development to include elements such as mixed use and to place homes within walking distance to shopping, education, employment, and entertainment consistent with compact growth framework of the Land Use Element. 6.4.2 Implement the Mobility Plan to be consistent with the Future Land Use Map. 6.4.3 Coordinate mobility standards to be consistent with and allow adequate right-of- way for public realm recommendations within the proposed Urban Design Plan. 6.4.4 Use innovative and up-to-date research and methodology to estimate reductions in travel demand when evaluating projects that integrate transportation and land use. Level of Service: In terms of Mobility, level of service standards (LOS) are a metric for assessing how well an individual transportation facility or group of facilities (area or corridor) perform. Level of service also refers to the measure by which community facilities are rated and expanded, which are described in other elements of the Comprehensive Plan (see Fiscal and Economic Vitality and Housing and Neighborhoods Elements). The Fiscal and Economic Vitality Element includes an LOS standard for arterial streets (0.14 lane miles per 1,000 vehicle miles travelled). While this standard is intended to broadly measure whether Denton's infrastructure is keeping pace with growth, LOS measures described here are more refined and intended to measure the quality of the user experience. Traffic is just one type of level of service analysis. At the most basic level, roadway LOS is measured using average daily traffic volumes and capacity in terms of vehicles per day. More sophisticated measures take into account peak period data, travel time data, network measures, and multiple modes. Denton Plan 2040 6-7 180 alp.9 �tll��F llofio LOS measures should take into account the balance between mobility and the surrounding context of various places within the city. For example, facilities traversing more rural areas should adopt LOS standards that reflect higher vehicle travel speeds, while facilities in city centers, where the emphasis is less on moving vehicles quickly and more on compatibility with surrounding activities and character should adopt LOS standards where a greater degree of congestion or delay is acceptable. By tracking LOS on an annual or semi-annual basis, Denton can monitor how well the transportation system is performing over time and become aware of any system inefficiencies that must be addressed. The LOS standards can be defined in a number of ways but should be consistent with the city's Mobility Plan. 6.5 Maintain adequate levels -of -service for travel on Denton's streets. 6.5.1 Develop and adopt LOS standards for all roads and intersections in the city that are appropriate for the surrounding environment. 6.5.2 Develop a 3- to 5 -year review program to track and monitor LOS and system performance at intersections as well as the roadway network along Collectors and Arterials. 6.5.3 Pursue the multi -modal LOS concept with future Mobility Plan updates. Access Management: Having good street connectivity is important to a well-functioning transportation network. However, street systems with too many access points can create friction which poses safety problems and impedes efficient traffic flows. Access points include driveways, cross -streets, and median openings. Each additional access point increases the potential for conflict, which degrades roadway capacity and increases the chances for collisions. Access should be coordinated closely with development. More intense development, where people and activities take priority, should have greater access than in sparsely developed locations where vehicular speed and mobility take precedence. Freeways, by definition, should have very limited access, followed by arterials and then collectors. Limiting access is less of a concern on local streets with less traffic and slower speeds. Closing substandard access points should also be a high priority. The relationship between thoroughfare type and access are shown in Table 6.1. Access management standards can provide specific guidance for the placement of access points. For state roads, they should be consistent with TxDOT standards and the City's should coordinate with the state to accommodate the City's access standards where applicable. 6.6 Use access management as a strategy for maintaining road safety and capacity. 6.6.1 Continue to utilize the City's access management standards for Collectors and Arterials in the city that meet or exceed TxDOT's standards. The standards should 6-8 Mobility 181 Mobility 6 include a requirement for cross -access between commercial building sites and within and between developments where appropriate. This access should accommodate bicycle and pedestrians either as part of the driveway/street design or through separate pathways. 6.6.2 Develop access management plans for all types of facilities included in the City's Mobility Plan that are consistent with Small Area Plans, overlay districts, and other land use plans. The access management plan should identify opportunities for median separation, driveway consolidation, cross access and rear access and corresponding signage. Context -Sensitive Street Design: The Comprehensive Plan applies policies for Community Character and Urban Design as a way of both preserving existing places within Denton as well as identifying places the City aspires to create. The resulting places are intended to convey a specific look and feel in terms of layout, form, appearance and functionality. TABLE 6.1: Relationship Between Thoroughfare Type and Access Function Freeways and Expressways Arterials Collectors Local Rural/High- NeighborCenter/Corri- er Speed hood/Sub- dor Overlay Industrial urbs Less Access N L Q E LU - More Access The proposed street network is context -sensitive, meaning the look and feel of the street is reflective of the surrounding land use and activities. Streets that pass-through activity centers place more emphasis on lower vehicle speeds, wider sidewalks, and on -street parking. Roads in rural areas place an emphasis on moving vehicles at higher speeds, which means that objects (trees, people, buildings, etc.) are farther from the road. Design guidelines will guide the various elements of street design, such as lane widths, sidewalk widths, horizontal clearances and curb radii that are appropriate for each context. Figures 6.3 through 6.5 illustrate typical sections of what an arterial might look like under different contexts. They depict the vision for complete streets that further modal balance and also include an active public realm, as described in the Community Character and Urban Design Element. 6.7 Develop a street network that is compatible with and enhances Denton's community character implementing the Mobility Plan. Denton Plan 2040 6-9 182 alp.9 �tll��F llofio 6.7.1 Develop street design requirements that are consistent with and enhance Community Character and Urban Design goals, policies, and actions through coordination with the proposed Urban Design Plan. (CC 4.11.1) 6.7.2 Ensure that street design requirements include provisions context sensitive solutions that are responsive to the surrounding land use and activities. Road Financing: Across Texas and the rest of the nation, regions, and communities are struggling with the issue of how to pay for transportation infrastructure amid stagnant or declining revenues. Projects that have been in the works for years are continually put on hold because of a lack of funds. Regular maintenance is deferred, leading to more costly rehabilitation projects down the road. The Comprehensive Plan is informed by a Fiscal Impact Analysis, which provides a higher level of assurance that the Preferred Growth Concept will be efficient from a cost and revenue standpoint. The City initiated a road impact fee study, as well as updated the Mobility Plan, that represents the first step in getting new development to cover its cost for building new road infrastructure. Beyond those items, there are other actions the City can take to ensure adequate revenue to build and maintain roads: First, the City should include regular maintenance and rehabilitation expenses in addition to construction when estimating road costs. This will help the City ensure there is adequate revenue to keep the transportation infrastructure in good repair for the foreseeable future. ■ Second, the City should complete a road financing study that considers capital, maintenance and operating costs of all projects in the Mobility Plan and anticipated revenue streams from city, county, state, federal and private sources. Using this information, the City can do two things: implementing the Mobility Plan, phase or scale back the scope of projects to bring it more in line with anticipated revenues; and pursue new sources of revenue to close any projected gaps. New revenue sources could include additional sales or property tax, public- private partnerships, or developer contributions. 6.8 Ensure adequate revenue to build and maintain roads. 6.8.1 Incorporate the results of the City's road impact fee study to determine new development's fair share of road costs. 6.8.2 Include the cost of regular road maintenance and rehabilitation in estimating the cost of building and widening roads. Consider approaches to road construction that minimize lifecycle costs. 6.8.3 Complete a road financing study that considers capital, maintenance, and operating costs of projects in the Mobility Plan and anticipated revenue streams from city, county, state, federal, and private sources for appropriate plan phases 6-10 Mobility 183 Mobility 6 (e.g. ten year increments). Develop strategies for new revenue sources and/or revise the Mobility Plan accordingly. Coordinate recommendations with the CIP 6.8.4 Update the Mobility Plan at least every five years. Intelligent Transportation Systems: Intelligent transportation systems (ITS) are defined by the Federal Highway Administration (FHWA) as the application of advanced sensor, computer, electronics, communication technologies, and management strategies—in an integrated manner—to improve the safety and efficiency of the surface transportation system. In essence, ITS uses technology to enable existing transportation systems to operate more efficiently, often precluding the need to make more costly physical capacity improvements. The City of Denton developed an ITS Plan in 2002 which prescribes several key elements, including a Traffic Management Center (TMC), closed-circuit television (CCTV) monitoring system, dynamic message signs, and signal integration. Over a decade in existence, the Denton ITS Plan should be updated for a number of different reasons. First, a number of technologies have emerged subsequent to the plan adoption. For example, adaptive signal technologies now enable street networks to adapt to traffic conditions in real-time. Personal mobile technology have rapidly advanced in the last decade to fundamentally change the way we receive information. Second, NCTCOG has developed a Regional ITS Architecture, which coordinates all ITS activities throughout the region and sets standards and protocols to ensure seamless integration across jurisdictional boundaries. Denton's ITS Plan should conform to the Regional ITS Architecture. ITS will continue to be an important element of Denton's array of transportation strategies, particularly as the city builds out and large-scale capacity improvements come to end. The ITS Plan is a strategy to implement ITS strategies. 6.9 Engage in ITS strategies as a way of making Denton's transportation systems more efficient and safer. 6.9.1 Update the Denton ITS Plan to reflect new technologies and to conform to the Regional ITS Architecture. Use the ITS Plan as a guiding document for the planning, programming, and deployment of ITS strategies in the city. 6.9.2 Implement ITS strategies and current trends to improve the efficiency of transportation systems prior to making costly capacity improvements. 6.9.3 Pursue local, regional, and state funding for implementing ITS improvements. Travel Demand Management: Denton is an integral part of the sprawling North Central Texas region. Thousands of Denton residents commute to jobs in places such as downtown Dallas, Fort Worth and around DFW Denton Plan 2040 6-11 184 alp.9 �tll��F llofio International Airport. In turn, thousands of North Central Texas residents commute every day to Denton's major employers, such as: ■ A cluster of manufacturing and distribution facilities on and near Airport Road just, west of I- 35; The University of North Texas; ■ Texas Woman's University; ■ Several hospitals, including Denton Regional Medical Center, North Texas Hospital, and Presbyterian Hospital; ■ Rayzor Ranch; and ■ The Golden Triangle Mall. Travel Demand Management (TDM) is one strategy to address large commuting populations by providing alternatives to driving alone during rush hours. NCTCOG maintains a regional TDM program, TryParkinglt.com, which offers a wide range of programs, including carpool ride - matching and vanpools to encourage TDM. Denton can encourage major employers in the city to implement TDM programs including carpooling, vanpooling and telecommuting by providing incentives such as reduced parking requirements. In fact, TDM programs themselves can be considered a benefit because they make commuting more affordable and convenient for employees. Ultimately, Denton should explore the creation of a Transportation Management Association (TMA), a formal organization dedicated to promoting TDM strategies. Such an exploration could address whether it is feasible for Denton to operate a TMA on its own or whether it should be done in partnership with NCTCOG. 6.10 Use TDM strategies to make efficient use of motor vehicle travel, reduce impacts on road infrastructure, parking, and the environment and to make transportation more affordable. 6.10.1 Encourage major employers in the city, including universities, hospitals and others, to participate in TryParkinglt.com, the regional commuter program hosted by NCTCOG. 6.10.2 Provide incentives, such as reduced parking requirements, for employers who agree to participate in commuter programs. 6.10.3 Create a TMA, separately or in partnership with NCTCOG, to coordinate all TDM efforts in the city and work with major employers and city staff to enforce. Parking: Parking exacts a measurable impact on Denton in terms of stormwater runoff, community character, and land use efficiency. While the private automobile —and thus parking—will continue 6-12 Mobility 185 Mobility 6 to be a major part of the city's transportation system for the foreseeable future, steps can be taken to mitigate parking -related impacts while meeting Denton's needs. Denton's parking standards were first developed to meet the peak demands associated with a suburban pattern of separated land uses, resulting in excess parking in many of the city's commercial areas. Parking standards based on more recent research on parking rates will help to avoid the creation of excess parking. Additionally, the latest best practices in parking include standards for mixed-use developments where parking is often shared by several different uses that are active at different times of day. Transitioning to new parking methods must be done concurrently with transitioning to more compact, mixed-use development patterns. One cannot come before the other. Reduced parking requirements can be used as an incentive for developments that encourage walking, cycling, and riding transit. Similarly, developments can be incentivized to use pervious or semi -pervious materials in parking lots through reduced stormwater retention requirements. 6.11 Pursue a balanced parking strategy that provides reasonable accommodations and minimizes environmental and land use impacts. 6.11.1 Continue to allow and encourage the use of pervious or semi -pervious materials where warranted in the construction of parking facilities to further stormwater management goals 6.11.2 Update the Site Design Criteria Manual accordingly to ensure parking areas in private development are consistent with the proposed Urban Design Plan and overall urban design policies in the Community Character and Urban Design Element. 6.11.3 Encourage enactment of special parking requirements and dedicated parking areas for electric vehicles, car charging stations, and car sharing throughout Denton. 6.11.4 Continue the City's wayfinding strategy to guide drivers to locate parking facilities throughout Denton. Coordinate with the Citywide Branding and Placemaking Strategy to call out landmarks and destinations where feasible. Transportation Impacts on Air Quality: Air quality, which has suffered as a result of vehicular travel and other factors, is an issue that affects the entire North Texas region. Four of these counties (Denton, Collin, Dallas, and Tarrant) in the Consolidated Metropolitan Statistical Area (CMSA) hold nonattainment status for ground -level ozone. The DFW area is classified as a "serious" ozone nonattainment area by the Environmental Protection Agency (EPA). This designation creates both a regulatory compliance reason to take action and a significant health concern for communities within the affected area. The Parks, Conservation and Environment Element describes air quality in greater detail. Denton Plan 2040 6-13 186 alp.9 �tll��F llofio Regional coordination to address mobile emission sources as part of the DFW State Implementation Plan (SIP) is led by the NCTCOG. Denton can continue to engage as a proactive stakeholder in setting regional air quality policy by participating in NCTCOG planning efforts such as updating the DFW SIP by 2015 and implementing aggressive practices to meet the federally - required attainment deadline of 2018. The NCTCOG recently approved a resolution supporting locally enforced motor vehicle idling restrictions in North Central Texas. As a result, it is encouraging local government adoption of the Texas Commission on Environmental Quality's (TCEQ) idling limitations rule as well as entrance into a North Texas Memorandum of Agreement (MOA) with the TCEQ. This is one of several policies developed by the NCTCOG to reduce air pollution in the North Texas region. Denton recently adopted an anti -idling ordinance. Facilitating use of alternative transportation options such as the A -train, buses, bicycles and walking will contribute to decreased air emissions as compared to the use of fossil -fuel powered single -occupancy vehicles. Prioritizing policies that decrease total vehicle use, maximize vehicle efficiency by limiting regular starting and stopping driving practices and simultaneously decreasing idle times will contribute to less air emissions within the community. In other words, less traffic translates into better gas efficiency and decreased emissions. 6.12 Implement a comprehensive transportation and mobility approach that minimizes air quality impacts. 6.12.1 Participate in NCTCOG air quality forums to develop achievable regional policies to minimize air pollution from Denton's mobile sources. 6.12.2 Implement the city-wide anti -idling enforcement policy. 6.12.3 Adopt the TCEQ idling limitations rule and sign a North Texas Memorandum of Agreement with TCEQ as part of a city-wide anti -idling enforcement policy. 6.12.4 Create a partnership with DISD to reduce bus emissions through anti -idling enforcement and strategic route mapping. Mobility as Sustainability Framework: Mobility has a great effect on sustainability, mainly as it relates to air quality. The relationship of mobility to land use helps determine the type of choices that the Denton community can make, which in turns affects commuting patterns and emissions. The polices of the Mobility Element include recommendations for complete streets and context -sensitive design, which will match roadway design with the preferred circulation patterns of the community as it evolves, as well as coordinate recommendations for bicycle, pedestrian, and transit circulation which further contribute to a sustainable mobility framework. 6.13 Ensure that Mobility continues to beat the forefront of the sustainability framework for the City. 6-14 Mobility 187 Mobility 6 6.13.1 Incorporate actions from the Mobility Element to reduce emissions, improves air quality, promotes low and non-polluting methods of transportation to further sustainability in Denton. Freight Freight transportation is a key component in the DFW Metroplex, as 98 percent of the mainland U.S. population can be reached from the 1-35 corridor that runs through North Texas. More than 700 trucking carriers and freight forwarders operate within the DFW region, making use of one of the most extensive surface and air transportation networks in the world. Several distribution and manufacturing facilities are located within Denton, making it a significant freight generator for the region. Clusters where such facilities are located include: ■ Airport Road and 1-35W Frontage Road just west of the 1 -35W/1 -35E interchange. ■ Western Boulevard and US 380. ■ US 380 and Mingo Road, just east of Loop 288. ■ Flowers Bakery near Edwards Road and Colorado Road. Discussions with freight operators have revealed that truck access within the area is a growing concern. Additionally, many of these facilities employ a significant number of workers. Transportation issues cited during interviews include congestion/accessibility during shift changes and providing reliable, convenient accessible transportation options (i.e. public transportation). In addition, Denton is home to the Denton Enterprise Airport, located west of 1-35 in the industrial portion of the city. The Airport's role is that of a publicly -owned, public -use airport. The Airport is classified in the National Plan of Integrated Airports System (NPIAS) as a General Aviation Reliever airport, providing access to the air transportation system for general aviation aircraft. The Airport completed the Denton Municipal Airport Business Plan in 2010 that highlighted the Airport's role in attracting and supporting business and creating local jobs. In addition, its proximity to the developing industrial areas in the western part of the city present an opportunity to augment the movement of goods and services through Denton, strengthening its role in freight operations and supporting business development. The Denton 2040 Comprehensive Plan update reconfirms highlighting the role of the Airport in coordinated transportation planning, as a key element in multi -modal transportation, and as a tool to optimize the movement of goods and services throughout the Metroplex. Strategic expansion of the physical airport property in coordination with long-term viable aviation services for the region will be addressed in detail in the updated Airport Master Plan. Planned proactive property acquisition to avoid inflated real estate costs and participation in public-private Denton Plan 2040 6-15 188 alp.9 �tll��F llofio partnership agreements to assist with infrastructure and facility development remain of interest to the Airport. Coordination with the Comprehensive Plan to optimize the multi -modal transportation network in Denton through land use and an implementable mobility framework that considers the economic asset of the Airport will directly impact long-term commerce and economic development. Airport planning must also take into consideration the impact and location of gas wells and pipelines. Policies and Actions Freight: The efficient movement of trucks is paramount to the local and regional economy. Facilities that involve freight transport, specifically those found in the Rail and Trucking Component, should play a prominent role in Denton's transportation priorities and economic development as a whole. In addition, planning for the Denton Enterprise Airport must also be consulted in the development of freight and trucking strategies and specifically addressed in the updated Airport Master Plan. While the movement of truck traffic is good for economic activity in general, it may detract from the desire to create walkable, people -oriented streets. The design parameters for efficient truck movement —wide outside lanes, large turning radii, etc.—are not conducive to a walkable environment. Thus, it is best to keep freight routes separate from areas in the city where smaller scale, walkable environments are encouraged. The Future Land Use Map (FLUM) provides a guide on where land uses will be developed throughout the city. The Rail and Trucking Component of the Mobility Plan should be coordinated to ensure that are no conflicts with the furtherance of the goals of the FLUM. One concern for expanding freight trucking is its detrimental impacts to air quality. When idling, heavy-duty diesel vehicles produce roughly 15 times more emissions than light-duty gasoline vehicles. As discussed above, if the City takes part in the idling agreement with the NCTCOG, they become the enforcement agency and can levy fines against truckers. Denton should consider implementing this measure as it expands freight infrastructure, yet must consider the implications for enforcement before enacting the policy. 6.14 Provide for the safe and efficient movement of freight to preserve and enhance its contribution to Denton's economy. 6.14.1 Ensure that truck routes are designed to allow the safe and efficient movement of freight vehicles, in balance with the character of the surrounding community and coordination with the FLUM. 6.14.2 Encourage freight generating land uses, such as manufacturing, warehousing and distribution centers, to be located adjacent to truck routes, rail lines and travel centers. 6-16 Mobility 189 Mobility 6 6.14.3 Remove truck routes from the core of the city, away from more dense areas identified in the FLUM. 6.14.4 Coordinate freight operations with planning for the Denton Enterprise Airport as part of the Airport Master Plan update. 6.14.5 Direct hazardous materials/cargo that are being transported through Denton away from heavily populated or environmentally sensitive areas. Bicycle and Pedestrian Circulation Improving conditions for walking and cycling, whether to make work locations and other activities more accessible, or to make the city as a whole more walkable, continually emerged as a key priority during all phases of the Denton 2040 Comprehensive Plan public engagement process. National research confirms that many Americans would prefer to walk and cycle more and drive less, most notably older (65+) and younger (under 35) generations, but feel there are not enough options available to them (source: Future of Transportation National Survey, 2010). Additionally, a number of national trends could shape our transportation systems. Rising fuel and road construction costs and declining transportation revenues are some of the factors that may lead more Americans to seek out alternatives to driving. Of particular interest is connectivity between parks and other places of interest. Providing the ability to walk and cycle for recreation is a key part of making Denton a more livable place. Better walking and cycling conditions requires that facilities such as sidewalks, bicycle lanes, and multi -use paths are included concurrent with the construction of new roadway facilities and provided as stand-alone projects when viable and necessary. However, facilities alone will not fully create an environment for walking and cycling. A supporting land use pattern that facilitates short trips and promoting community design at a human -scale are also essential ingredients. Policies and Actions Mobility Plan: The Bicycle and Pedestrian Component is an element of the Mobility Plan that identifies specific on- and off-road facilities to make walking and cycling in Denton safe and convenient, and includes guidelines and standards for their design. The City should consult the Mobility Plan when planning, programming, and designing transportation improvements and encourage TxDOT to do the same for their state roads. Denton Plan 2040 6-17 190 alp.9 �tll��F llofio NCTCOG also spearheads a significant amount of bicycle and pedestrian planning to guide the ten -county region. NCTCOG's Regional Veloweb is a 1,728 mile network of existing and planned off-street, shared -use paths (trails) designed for use by bicyclists, pedestrians, and other non - motorized forms of active transportation in the Dallas -Fort Worth metropolitan area. The network of shared -use paths serves as a system of off-road transportation facilities for bicyclists and other users that extends and completes the region's roadway and passenger rail transit network. The Regional Veloweb has planned connections in 10 counties and 117 cities in North Texas, providing an "interstate" for bicyclists and pedestrians. In addition, the City of Denton's Parks, Recreation and Trails System Master Plan which Is being updated includes proposed locations for recreational trails and bicycle routes throughout the city to link with parks and open spaces. 6.15 Use the 2020 Mobility Plan, updated Parks, Recreation, and Trails System Master Plan and regional plans to guide the placement of facilities and educate residents on walking and cycling in Denton. 6.15.1 Ensure that bicycle and pedestrian facilities, as identified in the Mobility Plan, are included in the design of new roads and road improvements. 6.15.2 Ensure that bicycle and pedestrian facilities are designed consistent with the guidelines and standards established in the Bicycle and Pedestrian Linkage Component of the Mobility Plan. 6.15.3 Incorporate NCTCOG regional bicycle plans such as the Regional Veloweb, into Denton's bicycle facilities planning, and actively participate in NCTCOG's Bicycle and Pedestrian Advisory Committee (BPAC). 6.15.4 Continue the City's wayfinding strategy to facilitate bicycle and pedestrian circulation through Denton. Coordinate with the Citywide Branding and Placemaking Strategy to call out landmarks and destinations where feasible. 6.15.5 Coordinate departments and agencies to implement Mobility Plan, including education efforts such as the Smart Cycling Program. 6.15.6 Designate and maintain the City of Denton as a Bicycle Friendly Community. 6.15.7 Designate and maintain the City of Denton as a Walk Friendly Community. Complete Streets and Context Sensitive Solutions Complete streets refer to the design of roads and other transportation facilities so that they accommodate all users regardless of age or ability. Complete streets are separate from, but related to, context sensitive solutions (CSS). The difference is that CSS speaks more specifically to designing transportation facilities that are supportive of surrounding land uses and activities. Where possible, the city should build facilities that are both complete streets and context - sensitive. 6-18 Mobility 191 Mobility 6 Designing for Complete, Green Streets: Today, the design of streets in Denton is driven by the Transportation Criteria Manual. In order to ensure that new streets and retrofits within the city incorporate desired bicycle and pedestrian features, and green infrastructure features. To ensure that these goals are met, it will be necessary to coordinate an update to the Transportation Criteria Manual consistent with the Mobility Plan, including recommendations of the Bicycle and Pedestrian Linkage Component, complete streets elements, and low -impact design elements based on the guidance of the North Central Texas Council of Government's (NCTCOG's) ISWM Criteria Manual for Site Development and Construction that Denton, adopted in 2013. 6.16 Ensure that future road designs incorporate bicycle and pedestrian design features as desired and appropriate. 6.16.1 Update the Transportation Criteria Manual to incorporate complete streets elements consistent with the updated Mobility Plan. 6.16.2 Update the Transportation Criteria Manual to incorporate low -impact design elements. Coordination with New Development: The private realm is just as important as the public realm when it comes to creating environments conducive to walking and cycling. Denton can actively encourage the private sector to build these types of places by incorporating standards into their land development regulations and by offering inducements in the form of incentives. There are a number of materials, such as Best Development Practices: A Primer for Smart Growth, and model ordinances that the city can draw from. 6.17 Encourage new development to create pedestrian -and bicycle- friendly places. 6.17.1 Partner and collaborate with public and private entities to include multi -modal features, such as bus shelters and reduced transit rate agreements, by providing incentives for best practices. Such incentives may include: ■ Reduced parking requirements. ■ Fee credits. ■ Official recognitions. 6.17.2 Develop access management standards that require adjacent developments to connect directly and facilitate easy bicycle and pedestrian travel. 6.17.3 Encourage new development to provide off-road trails where appropriate and feasible. Denton Plan 2040 6-19 192 p1 RP,. Llo�o 6.17.4 Establish easements to allow pedestrian and bicycle access through private or mixed-use developments, where appropriate, to promote site connectivity and pedestrian circulation. Financing the Pedestrian and Bicycle Network: The City should explore how new development can cover its cost for building new road infrastructure, in conjunction with the road impact fee study, to include pedestrian and bicycle facilities. The study should include pedestrian and bicycle accommodations when estimating the cost of building new roads. The study should also look specifically at potential pedestrian and bicycle demand, the cost to satisfy that demand and create a reflective fee structure. The City should also include pedestrian and bicycle facilities as part of a recommended road financing study. The City could then use this information to update the Mobility Plan to phase or scale back the scope of projects and bring it more in line with anticipated revenues and/or pursue new sources of revenue to close any projected gaps. 6.18 Ensure adequate revenue to build and maintain pedestrian and bicycle facilities. 6.18.1 Account for pedestrian and bicycle facilities in the CIP projects. Transit Circulation Transit services provided by DCTA continue to be a growing part of Denton's transportation system by serving patrons in a number of different ways. The A- train provides commuter rail service from two stations in Denton through the Lewisville area into Carrollton, where it connects to a DART light rail station. According to NCTCOG projections, about three-fourths of workers living in the County will commute to jobs elsewhere in the region. The A -train will continue to be an important regional mobility option for Denton residents. In addition to a large out -commuter population, Denton also sees a large influx of people traveling from across the region into the city daily. These include employees bound for one of the major employers, such as the Denton Regional Medical Center and students, and employees bound for UNT and TWU. In order for the A -train to work for people commuting into Denton, there needs to be good local connections to ultimate destinations from the train stations. In some cases, A -train riders can walk or ride bicycles, but for many destinations, Denton Connect (DCTA's local transit service) provides that necessary link. Beyond rail station access, Denton Connect also serves many important local transit needs. Most importantly, the UNT campus shuttle service experiences the highest ridership of any route in DCTA's system. The success of this route should be explored and reviewed to implement in other areas. DCTA has a number of plans to expand transit service, including upcoming adjustments that will provide a shuttle connection between the MedPark A -train station and UNT and a new north -south service that will link Denton with Lewisville, Corinth and Flower Mound. Additionally, DCTA is 6-20 Mobility 193 Mobility 6 studying long term options for regional transit service connecting to Denton via US 377 and 1-35W (source: DCTA Long Term Service Plan, 2012). According to NCTCOG estimates, the number of daily trips (regardless of mode) in Denton County will grow by two million to about 4.7 million over the next two decades. As the city grows, strides must continue to be made so that transit is accessible and convenient to residents, students, workers, and patrons. This can occur through continued enhancements to local and regional transit service, but also through land use and development patterns that are supportive of transit. Policies and Actions Transit and Land Use: There is a plethora of research that reveals a direct relationship between compact growth, and transit ridership. Putting residences and jobs within walking distance of a transit station. Reconnecting America, a leading advocate for transit, suggests that viable transit service — starting with 30 -minute bus service — begins at average densities of about seven units per acre. This could be achieved through a variety of single-family and multi -family housing types. In addition to more compact growth, mixed-use, or putting complementary land uses in close proximity to each other, is also supportive of transit use. The ability to meet basic needs such as errands and dining out, without the use of a car, makes riding transit much more convenient. 6.19 Promote a land use pattern that makes transit convenient and feasible. 6.19.1 Encourage and incentivize new development to include transit supportive elements adjacent to existing DCTA stations. This could include development in mixed-use areas, centers, and corridors. Transit and Urban Design: In addition to land use, urban design plays a large role in the viability of transit. For high -impact areas such a rail stations, building placement, parking, and provisions for bicycles are all important transit -friendly features. For developments along existing and planned bus routes, dedicated locations and facilities for bus stops and safe, convenient and well -lit pedestrian connections are important. These are design enhancements that can be prescribed through land development regulations (base zoning or overlay) and/or design guidelines. As an inducement to incorporating transit - friendly features into site design, the city can offer relaxed parking requirements or density bonuses under the rationale that such features will increase transit ridership and thus reduce the need for parking and/or offset additional trips created by increased density. When Denton enacts a road impact fee, it may consider offsets as an incentive. Denton Plan 2040 6-21 194 AURA uo4-o 6.20 Encourage new development to create transit -friendly places. 6.20.2 Partner and collaborate with DCTA and other transit groups to develop Small Area Plans around existing and future DCTA rail stations to include standards and guidelines for: ■ Building placement. ■ Access and egress. ■ Parking (if necessary). ■ Bicycle and pedestrian linkages. ■ Local transit connections. 6.20.3 Provide incentives for new development to include transit -friendly features. This could include: ■ Relaxed parking requirements. ■ Density bonuses. ■ Impact fee offsets. Planning for Transit: The City can help to ensure that transit is successful through close coordination with DCTA and other transit providers on new development projects and the retrofitting of the existing transit network and facilities. The City should communicate the policies of the Comprehensive Plan to DCTA and other transit - related providers. This includes likely transit supportive areas identified in the FLUM and transit friendly land development regulations and guidelines. Additionally, the city can provide DCTA and other transit -related interests the opportunity to comment on new development applications. 6.21 Coordinate with DCTA and other Denton -area transit providers. 6.21.1 Communicate recommendations for transit -supportive areas to DCTA. 6.21.2 Provide DCTA with the opportunity to comment on new development applications with respect to placement of transit -friendly features and impacts on transit vehicle operations. 6.21.3 Participate in new transit studies and initiatives, such as planning for new local routes within Denton and DCTA corridor studies. 6.21.4 Work with DCTA to identify service enhancements and the development of additional sub -hubs, such as the one at UNT. 6.21.5 Establish bus pull -offs along existing and planned routes where appropriate. 6-22 Mobility 195 Mobility 6 6.21.6 Work proactively with DCTA and other transit -related providers to progressively improve transit service to encourage ridership by choice and not just by necessity. 6.22 Coordinate with placemaking and cultural promotion strategies. 6.22.1 Continue the City's wayfinding strategy to help transit users navigate throughout Denton. 6.22.2 Encourage the use of transit to attend events in Denton through the proposed Special Events Integrated Transportation Plan. (CC 4.7.8) 6.23 Explore the potential for initiating trolley service in Denton. 6.23.1 Perform a study of the feasibility of implementing trolley service in Denton. The study should address potential routes, modes (rubber tire, streetcar), operation (city, DCTA, other transit -related providers) and funding. Regional Coordination: In addition to direct coordination with DCTA and other transit -related providers, Denton should continue to be an advocate for regional transit service in general. The City is a member of the Regional Transportation Council and technical committees of NCTCOG, where much of the region's transit planning occurs. Denton should continue to use its position at NCTCOG and other regional bodies to support the expansion of regional transit service. 6.24 Continue to be an advocate for regional transit service. 6.24.1 Participate in the NCTCOG/MPO's Regional Transportation Council, technical committees and other regional bodies to advocate for expanded regional transit service. In particular those services that expand and enhance regional connections to Denton. 6.24.2 Continue to promote the use of the A -train to travel outside of Denton, serve commuter travel, and link with DART and other local transit -related providers in the Metroplex. 6.24.3 Work with DCTA to expand service of the A -train and local routes to increase ridership and better serve the needs and schedules of the population. Denton Plan 2040 6-23 196 FIGURE 6.1: Roadway Network Source: City of Denton US Interstate Service - Parks `Areas identified on the map may be annexed US Highway j _ j City of Denton within the timeframe of the annexation plan. Loop Road Non -annexation Agreement Areas" State Farm to Market ETJ Arterials Railroad Collectors 197 AUAk U alb 7 1 Housing & Neighborhoods Housing and Neighborhoods Overview By 2040, housing and neighborhood choices will expand and diversify, guided by the policies described below and through partnerships with neighborhood organizations, major employers, non -profits, and development interests. The policies that follow address the retention of the existing housing stock, as well future housing development, consisting of the following primary housing segments: ■ Existing neighborhoods in the urban core and developed parts of the city ■ Housing in existing and emerging mixed-use centers and corridors, including Neighborhood/ University Compatibility Areas ■ New development at and beyond the suburban fringe, including the City's large Master Planned Communities (MPCs). Housing and neighborhoods are closely related, and directly impact a community's quality of life. All Denton residents have a need for housing that is sound, affordable, and suitable for their household and locational preferences. This housing needs to be located in neighborhoods that are safe and livable and that provide a sense of connection to the community with convenient access to schools, parks, shopping, and amenities. Characteristics that enhance livability, such as walkability, access to transit, neighborhood scale, and true mixed -uses such as small, neighborhood scale, walk -to businesses, are becoming increasingly valued by some segments of the population. To establish neighborhoods of choice, a range of housing options need to be complemented by community facilities, including schools and parks, and compatible neighborhood -oriented commercial uses (ex. coffee shops and neighborhood grocery stores) that contribute to neighborhood livability. In addition to improving neighborhood livability and an array of housing choices, there are increased expectations for higher quality of both the aesthetics of housing and the design of neighborhoods, including design features that promote neighborliness and health and safety. Denton Plan 2040 7-1 198 AURA uo4-o Finally complete, balanced, and sustainable neighborhoods are served by neighborhood programs that aid those who live in the community, including communities in need. This includes services for youth, seniors, and people with disabilities, and encapsulates not only services provided by the City and organizations, but opportunities for volunteering, allowing the community members of Denton to support one another in times of need. The establishment of these community connections will establish resilient and prosperous neighborhoods for the future. Housing and Neighborhoods in the Community Vision Statement The Character of Denton ■ Denton is safe and livable, a hospitable community of friends and neighbors. Our People, Institutions, and Government ■ We retain our sense of community and shared values, while welcoming new arrivals and celebrating growing diversity. ■ We are committed to fairness and equitable access to opportunity in education, community services, jobs, and government representation. ■ All generations, of both natives and newcomers, are deeply rooted in the community and are actively engaged in its betterment through volunteer participation with faith -based, civic, and/or neighborhood organizations and service on local government boards and late] to] 01RMRUR] ■ The City of Denton is a healthy, family -friendly community which sees its youth as its most valuable resource; a resource worthy of investment in education, healthful recreation, and opportunities for challenging and rewarding employment and engagement in civic affairs. ■ The City of Denton has integrated, reconciled, and streamlined its plans, processes, policies, and regulations for consistency, clarity, and effectiveness. Sound Growth: Strengthening Our Form and Function Throughout Denton we see... ■ Managed, balanced, and sustainable growth in high-quality, livable urban, suburban, and rural places which offer diverse choices among neighborhood settings while respecting private property rights. A compact development pattern which includes expanded areas of mixed use, a broad array of housing and retail choices responding to changing demographics and market preferences, and re -investment and infill in underutilized areas of the city. 5-2 Parks, Conservation & Environment 199 Housing &Neighborhoods f 7 In the core of Denton we see... ■ A vibrant Downtown Denton, energized with new housing, shopping, arts, and entertainment, supporting day and nighttime activity and a true urban lifestyle — Denton style. Established neighborhoods where revitalization and compatible infill development contributes to stable, livable, and historic character, and fosters neighborhood pride and homeownership. ■ Thriving universities where coordinated planning and collaborations between the City and the academic communities creates mutually beneficial, stable, and healthy neighborhood edges and where the non-academic community benefits from the vast educational and cultural resources in close proximity. Housing and Neighborhoods in Denton The city's housing stock of approximately 55,701 dwellings as of 2018 consists of approximately 58 percent single-family and 42 percent multi -family dwellings. This is a higher proportion of multi- family housing than is typical for North Texas communities, due largely to the influence of university students. With a combined enrollment of just over 51,000 students, the majority of which reside off campus, students are a major segment of the local housing market. The dynamic of housing construction in Denton has shifted since the recession with significantly increases in single-family home construction of nearly 4,000 homes built between 2016 and 2020 compared with only 2,205 homes built between 2007 to 2012 but not quite as much as the 6,741 homes built between 2001 and 2006 during the pre -recession housing boom. Apartments are necessary to provide the diversity and amount of housing for a growing city such as Denton, but the quality of construction, design, and maintenance of the properties are key issues affecting the city on many levels. Also, due largely to the impact of university students, Denton has a much larger proportion of renters: 50 percent compared to around 32 percent for Denton County and Texas. Of continued concern regarding the high proportion of renters and multi -family housing is the condition of some of the city's older multi -family housing, indicated by an high vacancy rate (6 percent). Nonetheless, this percentage has declined which may Indicated efforts towards renovation of housing stock. Since the Denton Plan 2030, affordable housing has become more significant issue. While housing in Denton, both rental as well as owned housing, is generally more affordable than elsewhere in the region, the incomes of many of Denton's households are also lower than other areas in the region. As a result, a high proportion of Denton households are considered "cost burdened", that is, they are paying more than the 30 percent of household income toward housing — the standard of housing affordability. In 2015, approximately 6,845 households spend more than 30% of their gross income on rent/mortgage and utilities and over 66% of these households are spending more than 50% on housing, meaning even "affordable housing" remains too expensive for this group, forcing difficult trade-offs regarding the costs of health care, childcare, and food. As a result, Denton has a high rate of homelessness, with roughly half of homeless individuals unsheltered. Denton Plan 2040 7-3 200 alp.9 �tll��F llofio In response to this need, a number of organizations work collaboratively with Denton's Community Development Division to provide affordable housing for low -to -moderate income residents. Denton's supply of subsidized housing includes three affordable housing developments managed by the Denton Housing Authority, as well as in privately -owned scattered site homes and apartments accepting Section 8 Housing Choice Vouchers, which allow rent payments to be set based on income. According to the City's 2015-2019 Consolidated Plan, Denton has a higher percentage of subsidized affordable housing than neighboring communities. The Community Development Division leverages a budget comprised of federal, state, and local funding, in coordination with the Denton Affordable Housing Corporation, and non -profits such as Habitat for Humanity of Denton County. Denton has chosen a policy of providing subsidized housing through partnerships with non -profits and with developers using low income tax credits to finance low - moderate income, as well as establishing partnerships with landlords who accept Section 8 Vouchers, rather than concentrating dependent households in public housing developments. While meeting the needs of students and lower-income households for affordable housing is critically important for Denton, maintaining the stability of, and promoting re -investment in, the city's older neighborhoods is a priority as well. To address issues of neighborhood stability, strategies for neighborhood conservation are needed, including the promotion of mixed -income housing (areas that contain both market rate and affordable units), re -investment in compatible infill housing (development of new housing in within developed areas of the city), efforts to promote greater levels of home ownership, and targeted code enforcement by the City's Community Improvement Services Division. In addition, a rental housing inspection and registration program should be considered to ensure that rental dwellings are properly maintained for habitability. While the maintenance of the stock of quality, affordable housing and the livability of Denton's neighborhoods is a primary concern, another issue is to anticipate future housing needs as the city's population grows and ages by 2030. One key factor is the demographic shifts already underway, resulting in changing consumer preferences for housing and neighborhoods. Many among the wave of retiring, empty -nest Baby Boomers are opting to downsize from their single- family home. At the same time, young Millennials just entering the job market, are also entering the housing market. Trends nationally have shown that many in both groups prefer smaller homes, including townhomes and apartments, in walkable, more urban scale mixed-use neighborhoods rather than conventional suburban subdivisions. This dynamic of changing demographics and preferences raises issues related to planning for future housing development. The shift in housing preferences is an opportunity to attract middle and upper income, home - owning households to support market rate, infill housing development, bringing about re- investment and a mixed income balance that is at the core of neighborhood conservation and revitalization in Denton's urban core neighborhoods. Key targets are Downtown Denton and Compatibility Areas surrounding Downtown and the UNT and TWU campuses, as well as areas designated for Business Innovation of the Future Land Use Map (FLUM). One specific opportunity 7-4 Housing & Neighborhoods 201 Housing &Neighborhoods f 7 is the trend emerging nationally for housing marketed to retirees who are relocating to reside near their alma maters to pursue opportunities for lifelong learning. Conversely, these shifting demographics and preferences may present both a challenge and an opportunity for the City's large outlying planned communities, many of which were conceived based on conventional models of suburban, mostly single-family development. As noted in the Land Use Element, the undeveloped land area within these Master Planned Communities (MPCs) is greater than can be absorbed through the Plan horizon. Consequently, it is anticipated that some of the assumptions made in the development plans that were the basis for development approvals will be reconsidered, representing an opportunity to align them to reflect the changing housing market by incorporating a different mix of housing and land use types in community designs that embrace walkability, sustainability, and conservation. Housing Choice Policies and Actions Downtown and University Housing: Downtown Denton and its neighborhood edges, together with the campuses of UNT and TWU and their surrounding neighborhoods, make up Denton's urban core. While there has been some success in attracting high density and mixed-use development Downtown, there is an opportunity to re -focus the Downtown Master Plan and associated Downtown Implementation Plan (DTIP) to identify priorities to stimulate development of additional downtown housing, both as new infill and as adaptive re -use (adaptation of historic buildings to new use) of older buildings and upper floors above commercial uses. The neighborhoods surrounding both Downtown and the two universities have been impacted by factors such as commuter traffic, student housing, parking overspills, and by property acquisition for campus expansion, all of which can disturb neighborhood stability. Denton's urban core is also where the bulk of the city's Section 8 and other subsidized housing is located. Small Area Plans are needed for the Neighborhood/ University Compatibility Areas to identify items such as: redevelopment targets, incentives for re -investment, infill, and homeownership; land use and housing mix; compatibility and scale; parking policy; walkability; and transit access. The Small Area Plans will also be used to guide zoning and other regulatory adjustments which may be implemented with additional Overlay Districts. Small Area Plans and Overlay Districts are recommended for targeted centers and corridors outside the urban core. Since small area planning targets those areas of the city expected to change in use or character over time, areas which are expected to remain sound and stable over time would generally not be targeted for small area planning. Denton Plan 2040 7-5 202 MR6 7.1 Promote development of higher density housing as part of mixed-use development in Denton's urban core, including Downtown, the Neighborhood/University Compatibility Areas, and in designated centers and corridors outside the urban core. 7.1.1 Update the Downtown Master Plan and Downtown Implementation Plan (DTIP) to specifically discuss residential development. 7.1.2 Create a Small Area Plan adjacent to the Downtown and at key centers and corridors. 7.1.3 Create regulatory incentives to expand affordable housing in and adjacent to Downtown though adaptive re -use, utilization of upper stories, and infill development. 7.1.4 Partner and collaborate with the universities to create Neighborhood/ University Compatibility Area Small Area Plans around UNT and TWU, integrated with the updated Downtown Master Plan and updated Downtown Implementation Plan. 7.1.5 Partner and collaborate with the universities to establish protocols for joint city — university planning within the Neighborhood/University Compatibility Areas, focusing on issues such as: ■ Creation of redevelopment target areas surrounding blighted properties ■ Regulation of on -street and off street parking ■ Pedestrian and bicycle improvement ■ Community gathering places and open space 7.16 Establish Overlay Districts to apply revised development standards tailored to specific centers and corridors. Affordable Housing: Denton has a higher percentage of affordable housing than neighboring communities. The Denton Housing Authority (DHA) formed in 1970 oversees the needs of low and moderate income Denton residents by providing subsidized housing utilizing Section 8 Housing Choice Vouchers funded by the U.S. Department of housing and Urban Development (HUD). These vouchers of which the city administers 1,600, allow qualified low and moderate -income residents to reside in houses, apartments, and mobile homes with below market rent payments, which is set at 30 percent to 40 percent of household income. Section 8 Vouchers may also be used to purchase, rather than rent, a home. DHA owns/or operators 634 affordable housing units at five locations (Heritage Oaks Apartments, Pecan Place Apartments, Eighteen51 Brinker, The Verranda, and Renaissance Courts Townhomes) throughout the City, and has another 270 units of workforce and market rate housing under construction. According to the 2016 Q4 Picture of Subsidized Households (PSH) database, the housing authority's voucher program has an annual turnover of 6% having issued 7-6 Housing & Neighborhoods 203 Housing &Neighborhoods f 7 approximately 238 vouchers in the past year. The average voucher holder has received housing benefits for 7 years and 11 months. According to the 2016 PSH database, persons who were issued a voucher in the preceding 12 months waited an average of 25 months on the waiting list While the Denton Housing Authority manages housing properties, funding and grants are administered through Denton's Community Development Division. Two primary means of funding are through the federal funding programs of Community Development Block Grants (CDBG), which Denton receives as an Entitlement City, and through the Home Investment Partnerships (HOME) program. Guiding the strategic use of this funding are the five-year strategies contained in the 2015-2019 Consolidated Plan for Housing and Community Development. Key areas of focus include a Homebuyers Assistance Program, a Home Improvement Program, and a Minor Repair Program to assist renters as well as owners. Related programs such as infrastructure improvement, anti -poverty, human services, and continuum of care strategies to address homelessness are also provided. Much of Denton's subsidized housing is concentrated in relatively few areas of the city, contributing to socio-economic segregation and pockets of poverty. Consequently, efforts should be made to promote a broader distribution of subsidized dwellings in mixed income housing developments and neighborhoods to avoid pockets of poverty. 7.2 Expand the availability of affordable housing choices for community members most in need of housing, including those with low incomes and special needs. 7.2.1 Support expansion of the availability of affordable housing for low -moderate income residents through policies for mixed income neighborhoods and housing development. 7.2.2 Assess the future feasibility of continuing efforts of the Community Development Division to utilize grant funding targeted to address the needs of low -moderate incomes and distressed neighborhoods, with future action priorities adjusted based on community input for consistency with neighborhood conservation strategies for mixed income housing and neighborhoods. 7.2.3 Update the Consolidated Plan for Housing and Community Development every five years to continually gauge the housing needs of Denton's low income and special needs populations. 7.2.4 Partner and collaborate with local organizations and within the City to improve connections between home -related program resources and potential recipients and neighborhood groups. 7.2.5 Assess the future feasibility of a rental housing and multi -family inspection and registration program to ensure that rental dwellings are properly maintained for habitability and that existing rental units are not considered an impediment to fair housing in the community. Denton Plan 2040 7-7 204 p1 RP,. Llo�o Homelessness: Denton's homeless population is estimated to be approximately 362 individuals as of June 2020 and between March 2019 and February 2020, the average length of time people spent experiencing homelessness in Denton County before being housed was 9 months. The City is the recipient of a Federal Emergency Solutions Grant (ESG), which targets homelessness. Through this grant, the Community Development Division makes an important impact on the problem of homelessness in Denton. These efforts include collaboration with the Denton County Homeless Coalition (DCHC) and other local charitable organizations, such as Christian Community Action, Denton County Friends of the Family, Giving HOPE, Inc., and the Salvation Army Denton who provide funds for Street Outreach, Emergency Shelters, Homelessness Prevention, and Rapid Re - Housing services to the homeless and those at risk of homelessness. 7.3 Expand the availability of affordable housing choices for community members most in need of housing, including the homeless. (DP p.122) 7.3.1 Support efforts of the Denton County Homeless Coalition to address the needs of Denton's homeless population. 7.3.2 Partner and collaborate with Denton County Homelessness Leadership Team, Denton County Behavioral Health, and Denton County Public Health Department and other organizations and agencies to address mental illness needs which significantly contribute to homelessness. 7.3.3 Explore best practices to bring innovative types of housing for the homeless to Denton. Senior Housing: National studies have demonstrated the tremendous value of retaining and attracting middle and upper income retired seniors. They support the property and sales tax base, contribute to local charities, and do not compete for jobs or exert demands for schools and most other public services and facilities. The Community Development Division and the Denton Housing Authority currently have programs to support low and moderate -income housing for seniors, such as at Pecan Place Apartments, located in Downtown Denton. Although Denton is home to Dogwood Estates and Robson Ranch and other market rate senior or active adult housing, there is the potential to attract additional senior living communities, working in collaboration with local medical institutions and real estate development interests. 7.4 Expand the availability of housing choices for existing and potential community members most in need of housing, including seniors. 7-8 Housing & Neighborhoods 205 Housing &Neighborhoods f 7 7.4.1 Encourage the development of options for senior housing and housing for persons with disabilities with a variety of unit types and cost choices, including ADA - accessible and active adult settings. 7.4.2 Partner with organizations and agencies to provide assistance and connect needs and resources for seniors and people with disabilities to be able to maintain single- family homes and properties if they are able to live independently. Expanding Homeownership: Denton's Community Development Division provides assistance to facilitate homeownership through its Homebuyer Assistance Program (HAP) to aid first time homebuyers available to qualifying Section 8 households, as well as its Home Improvement Program (HIP) providing counseling assistance for homeowners regarding repairs and maintenance. In addition, the Denton Affordable Housing Corporation (DAHC) provides opportunities for homeownership for low- and moderate -income households through its Affordable Housing Opportunity Program (AHOP). As effective as these programs are, as evidenced by waiting lists, the need appears to be greater than the available resources. Therefore, the City should pursue additional opportunities to support expanded rates of home ownership. Three opportunities are identified. One is to expand the activity of Habitat for Humanity of Denton County (HHDC) in building infill single-family homes for sale to low -moderate income Denton households with zero interest mortgages. As has been done in other communities, the City should partner with HHDC to build a certain number of infill dwellings annually in targeted distressed neighborhoods. This could entail the acquisition by the City of infill blighted or tax delinquent lots and their transfer to HHDC in return for an agreed upon construction schedule. This would serve multiple purposes, including removing blighting influences and adding to neighborhood stability through greater home ownership. Because a significant component of the housing market is related to university housing of students, faculty, and staff, the universities could play an important role in expanding home ownership opportunities, particularly in neighborhoods that make up the Neighborhood/ University Compatibility Areas. The universities could also make special programs available to first-time homebuyers and alumni. In addition, consideration should be given to establishing an urban homesteading program in which tax delinquent or abandoned residential structures could be acquired by the City and sold for a nominal sum to individuals who agree to occupy and bring property conditions up to Code, thus eliminating blighting influences. These homes would be made available for sale to qualified low -moderate income first-time home buyers as well. 7.5 Support expanded opportunities for home ownership to encourage neighborhood stability and reduce blight. 7.5.1 Expand partnerships with nonprofit housing providers to encourage homeownership. Denton Plan 2040 7-a 206 alp.9 �tll��F llofio 7.5.2 Encourage UNT, TWU, and other major employers to provide financial incentives for home ownership, particularly in adjacent neighborhoods. Housing Variety: While a major focus of housing and neighborhoods is in promoting affordable housing options for Denton's low -moderate income residents and promoting neighborhood stability and reinvestment, there are also opportunities to promote housing development innovation in urban, suburban, and rural contexts. While Denton's single-family neighborhoods and subdivisions serve the large proportion of households that prefer this housing choice, demographic shifts currently underway are beginning to change housing preferences. Specifically, retired empty -nest Baby Boomers, and well as Millennials, increasingly prefer smaller, apartments, condos, lofts, and townhomes in compact walkable locations. While Denton has a large supply of apartments, much of it is older, poorly designed, and not properly maintained. Consequently, there is a need to promote development of a broader array of higher -quality housing options including townhomes and other forms of attached dwellings, as well as mid -rise apartments, condominiums and lofts, and work - live units. These should be targeted within Downtown, Neighborhood/University Compatibility Areas and in redeveloping centers and corridors and other locations where such development would not impact established single-family neighborhoods Outside of Denton's urban core are a number of designated centers and corridors which are targeted to undergo redevelopment from primarily commercial or undeveloped areas to a mixed- use character, incorporating moderate and high-density residential uses in walkable patterns near transit and employment. The means of reinvigorating these areas begins with the creation of Small Area Plans. Small Area Plans will identify opportunities and strategies for the introduction of housing as an element of mixed-use, adjusted to the context of each area, as described in the Land Use and Community Character and Urban Design Elements. At the suburban fringe (The Edge), because of excess development capacity within large Master Planned Communities (MPCs), their build -out will likely take the next two decades to complete. Although developments such as Rayzor Ranch and Robson Ranch are well underway, the MPCs have experienced limited development. As a consequence, much of this development will occur well into the future when market conditions, consumer preferences, and the state-of-the-art in community planning and development practice may be different today from when MPCs were initially approved. It is in the mutual best interest of the City and the owners and developers of the presently undeveloped MPCs to anticipate and provide for flexibility in re -planning these developments. Such opportunities could include the introduction of innovative mixed-use and walkable development patterns, and to design for greater connectivity and alternative mixes and locations of residential, and centers for commercial development and employment. The Community Vision Statement refers to the vision of Denton's rural fringe as one where scenic rural character is retained with protected open space, greenways along with agricultural and ranch 7-10 Housing & Neighborhoods 207 Housing &Neighborhoods f 7 lands. Conservation Development is an approach to the design of rural residential subdivisions which is highly suited to agricultural fringe areas where the retention of rural character and open space is desired. 7.6 Encourage innovative housing development in mixed-use centers and corridors, Master Planned Communities (MPCs), and through residential development in rural areas that protects rural character. 7.6.1 Establish procedures to facilitate revisions to the land use mix and design of MPCs including: ■ Incorporation of compact, mixed-use, and walkable development patterns ■ The integration of area -wide trails, greenways, and green infrastructure elements ■ A mix of housing types to reflect changing demographics and housing preferences ■ Improved architectural and neighborhood design features 7.6.2 Promote Conservation Development (clustered housing) in Rural Agricultural and Rural Residential areas, with permanently protected open space in conservation easements, as an alternative to large lot suburban development. Improved Quality of Housing and Neighborhoods: Increasingly, communities within the Dallas -Fort Worth Metroplex, as well as nationally, must compete to become communities of choice based on the quality and aesthetics of housing, as well as design characteristics that foster neighborliness. Specific tools could include design guidelines to avoid patterns of architectural uniformity and monotony through details such a front porches facing neighborhood streets and open spaces, rather than lines of garage doors. Likewise, at a larger scale, the clustering of homes around shared open space or gardens, a concept known as "Pocket Neighborhoods" promotes a sense of community as well as security. Involving residents in neighborhood planning exercises can identify opportunities for enhancing livability and promoting a sense of neighborhood ownership. 7.7 Establish tools and strategies to enhance the quality and character of housing and neighborhoods. 7.7.1 Create residential design standards to improve aesthetic quality and variety, including architectural features, such as porches and other design elements. 7.7.2 Create subdivision and neighborhood design standards incorporating best practices, such as clustering homes around shared open space (Pocket Neighborhoods) and other components of traditional neighborhood design (TND) Denton Plan 2040 7-11 208 alp.9 �tll��F llofio including use of rear alleys and orientation to streets with sidewalks and street trees. 7.7.3 Conduct participatory neighborhood planning efforts in neighborhoods to address opportunities to enhance character and livability. Neighborhood Conservation Policies and Actions Neighborhood Conservation: Neighborhood conservation is an important theme throughout Denton. Denton's Community Development Division has periodically conducted targeted inventories of exterior building conditions in some of Denton's older neighborhoods. To expand efforts, Denton needs a comprehensive neighborhood conservation program to promote neighborhood stability. Such a program would begin with a Housing and Neighborhood Condition Inventory to identify patterns of stability, as well as patterns of decline and disinvestment. Specific conditions to be inventoried include building condition, tenure (owner/renter) and code violations, as well as livability factors such as crime statistics, traffic conditions, walkability and proximity to parks, schools, and healthy food. Because the principal purpose of a neighborhood conservation program is to encourage investment and stability, neighborhood associations should be encouraged to participate in the surveying effort and to contribute to conservation strategies. A principal means of reversing neighborhood decline is infill development, that is, new development on vacant or redeveloped properties. In addition to expanding the quantity of sound housing and strengthening the tax base, infill development offers the opportunity to broaden housing choice. For example, the introduction of high-quality townhomes in or adjacent an established, predominantly single-family neighborhood can serve to attract first-time homebuyers, as well as relocating retirees who may desire a smaller, more low -maintenance home. However, such infill development may be impeded by zoning districts that do not provide for flexibility for varying housing types and lot sizes. Therefore, the Future Land Use Map (FLUM) should be used to guide re -zonings to allow for infill development while maintaining appropriate scale and density in single-family neighborhoods. To address potential neighborhood concerns about the impact of infill development, guidelines that define neighborhood compatibility issues such as density, design and scale are included in the Community Character and Urban Design Element. The mechanisms of the Small Area Plan enable more particular design guidelines to be developed for key neighborhoods. As some older neighborhoods in need of infill may also have historic designations or character, policies for neighborhood conservation and historic preservation should be aligned. 7-12 Housing & Neighborhoods 209 Housing &Neighborhoods f 7 Additional tools for neighborhood conservation can be both "defensive" and "proactive" in nature. Defensive mechanisms include preventing "spillover' impacts from adjacent corridor and center development, and from capital investments such as road widenings. Also, neighborhood conservation must address any impacts of concentrations of rentals and subsidized housing in reducing property values and homeownership. Conversely, there are proactive measures to promote neighborhood stabilization and conservation. These include historic district designations to protect character and make available renovation tax credits, as well as urban homesteading and employer -assisted first-time homebuyer programs described below. In neighborhoods which do not qualify for historic district designations and where present zoning may not ensure compatible infill development, neighborhood stabilization overlay districts may apply. These overlay districts would modify underlying zoning requirements for such factors as front and side setbacks, garage placement and building height. 7.8 Promote the stability and livability of established neighborhoods through the a comprehensive neighborhood conservation program. 7.8.1 Partner with neighborhood associations to create a Housing and Neighborhood Condition Inventory and monitoring strategy. 7.8.2 Prevent impacts and encroachments of incompatible uses, development scales, and intensities through adherence to the established land use standards and urban design principles. 7.8.3 Apply neighborhood conservation strategies, such as targeted code enforcement, housing rehabilitation, clearance of blighted properties, and the encouragement of mixed income housing and neighborhoods. 7.8.4 Update transportation, infrastructure, and subsidized housing plans and policies that are inconsistent with neighborhood conservation policies. 7.8.5 Couple neighborhood conservation strategies with local Historic Districts, Historic Conservation Districts, and Neighborhood Stabilization Overlay policies 7.8.6 Review the policies and priorities contained in the Consolidated Plan for Housing and Community Development and the policies of the Community Development Division, the Denton Housing Authority, and the Denton Affordable Housing Corporation for consistency with neighborhood conservation strategies. 7.8.7 Partner and collaborate with Denton County and DISD regarding the development of infill lots that have been abandoned and are tax -delinquent as housing, community gathering places, or community gardens. Schools and Community Facilities As the city increases in population, additional community facilities to support community services will be designed and constructed. Facilities will be designed to enhance the community, contribute Denton Plan 2040 7-13 210 alp.9 �tll��F llofio to aesthetics in urban design and provide functionality to users. Such facilities include schools, libraries, recreation and community centers, and senior centers. Facilities may also refer to government uses such as utilities and landfills, which are discussed in the Infrastructure and Utilities Element. The community facilities discussed in this Element pertain to the establishment and maintenance of well -served and balanced neighborhoods. Facilities can positively contribute to building a strong social network through thoughtful placement, siting and design, and coordinated management. Schools Quality of education and community facilities are often voiced as a priority for residents in any community. The Denton Independent School District (DISD) ranked the number one fastest- growing school district in North Texas administers public education throughout most of Denton, except for small portions of the city lying within the Argyle, Sanger, and other districts. The DISD's service area includes three high schools, six middle schools, 21 elementary schools, two early childhood centers, an alternative high school, an Advanced Technology Complex, and other specialized schools and centers. The school district is challenged with continuing their level of service to area students in a climate of population growth and increasing responsibility mandated by the State of Texas. Within the district's 180 square miles, Denton ISD currently has 55 actively building subdivisions with 42 future subdivisions and about 4,900 future multi -family units in the planning stages, according to the district which posted its highest student enrollment numbers ever this year with 32,309 students registered for the 2021-22 school year. Recent residential development had been located within the Denton Independent School Districts. These two districts contained almost all of the urbanizing areas and were expected to experience most of the projected residential growth over the next several years. As development continues to occur in Denton, DISD must keep pace with this activity. Additional schools need to be constructed in areas of new growth. Keeping up with demand is the greatest challenge to the DISD at present, but due to a proactive operations strategy, the District currently conducts 20 -year projections to anticipate future needs. In addition to meeting student need, it is important that schools are sited appropriately in order to further sustainability and mobility goals, and a compact development pattern. In addition, existing schools will need upgrades in established parts of the city that will experience increased densification and population growth. Currently, school siting is highly influenced by private development as land for elementary schools is typically donated by developers, knowing that high quality schools make a neighborhood attractive for homeownership. Conversely, the siting of new schools has had a significant impact in driving development patterns, as proximity to good schools is a key factor in demand for housing. This can be seen in the impact of schools outside the city limits near U.S. 380. Planning for new schools, as well as maintaining existing schools in the urban core, is especially important for encouraging reinvestment and development in a compact pattern so that existing schools do not diminish in quality and standards as newer facilities open. DISD is already furthering sustainability goals, having recently adopted a Safe Routes to Schools and a 7-14 Housing & Neighborhoods 211 Housing &Neighborhoods f 7 Sustainable Schools Program, however, policies for school siting need to achieve a shift in development patterns and housing choice. The goals and policies of this Element will ensure that the planning of new school facilities will be coordinated with the overarching goals for Denton Plan 2040. Community Facilities The provision of community facilities such as libraries, community centers, and senior facilities are important for maintaining balanced neighborhoods with a range of services. The City of Denton has three library facilities: the Emily Fowler Central Library, the North Branch Library, and the South Branch Library. The library system offers a wide range of services for Denton residents including early and remedial literacy instruction, electronic resources, internet access, and educational training. Materials in a variety of formats are available for checkout remotely or in person. Libraries serve as community anchors with free meeting space for group, quiet study areas, and structured programs for lifelong learning. A new 33,000 square -foot branch library is proposed for southwest Denton off of Vintage Road and Bonnie Brae. The area is anticipated to be a multi -department service point including facilities from Fire, Parks, and Libraries. Acquisition of land for a fifth library site in a strategic location will ensure accessibility from all points across the city. As a trusted entity, the Library can act as a catalyst for government, community, and neighborhood interaction. Denton has two senior centers that serve as locations for the offering of programs, services, and activities designed for adults age 50 and older. Classes and programs include arts and craft classes, cooking classes, foreign language classes, fitness classes, outdoor adventures, and day trips. The two locations are the American Legion Hall, located in eastern Denton, and the Denton Senior Center, located within the Downtown. Denton also oversees three community centers located throughout the city. These include the Denia Recreation Center, the Martin Luther King Jr. Recreation Center, and the North Lakes Recreation Center. These facilities, that offer a wide range of education and fitness programs as well as places for events and gathering, are excellent resources for furthering community health goals, fostering community unity and pride, and providing sense of place in individual neighborhoods. Specific goals and polices related to recreation centers are contained in the Parks, Conservation and Environment Element. Community facilities are important for creating vibrant neighborhoods and as physical facilities key to carrying out social programs. These centers for community gathering should continue to offer co -location opportunities for a variety of activities and programs which foster community interaction. Future facilities should be planned in order to serve additional neighborhoods as the city expands. Denton Plan 2040 7-15 212 MM6 AURA Uo4-o Policies and Actions New and Upgraded Facilities: Ultimately the viability and stability of a neighborhood is dependent on its desirability and livability, with the least desirable and livable becoming concentrations of households without choices or the resources to relocate to more desirable locations. Schools and community facilities are important factors contributing to neighborhood desirability, and therefore are important to provide and maintain to encourage neighborhood stability. Throughout the Postwar Housing Boom, preferences favored the proliferation of single-family homes on larger suburban lots, which were more attractive for families. As housing preferences and families favored suburban neighborhoods, schools followed suit and investment in urban schools and community facilities diminished. Housing preferences are now changing, largely coinciding with demographic shifts, namely the retiring Baby Boom Generation and the entry of Millennials into the labor and housing markets. Established traditional neighborhoods are now able to compete with outlying suburban development if expectations for livability are met. Increasingly these expectations are for greater walkability and opportunity for exercise and travel to schools, community facilities, parks, and corner stores with less reliance on the automobile, coupled with the absences of nuisances such as traffic, noise, and blight. Although the characteristics of the urban lifestyle are appealing to many, maintaining the quality of schools and facilities in these areas is a challenge which must be overcome to support an urban lifestyle for all demographics. In a growing community such as Denton, the building of new facilities must be balanced with the maintenance of existing facilities in the urban core to encourage a balance of viable neighborhoods throughout. 7.9 Improve the livability of Denton's existing neighborhoods with investments in improved infrastructure, schools, community facilities, and public amenities. 7.9.1 Link programming of plans for public investments in parks, schools, and community facilities consistent with neighborhood conservation strategies, and Small Area Plans. 7.9.2 Provide opportunities to improve public safety, health, and well-being such as: ■ Improved walkability with sidewalks in all neighborhoods, and the prioritization of "Safe Routes to School." ■ Expanded access to parks and recreation, including development of abandoned properties as pocket parks and community gardens. ■ Improved neighborhood appearance through enforcement of dumping and property maintenance regulations and the removal of visual clutter. 7-16 Housing & Neighborhoods 213 Housing &Neighborhoods f 7 ■ Improved accessibility for people with disabilities. 7.10 Ensure that schools, libraries, community centers, and senior centers are sited equitably to service all of Denton's neighborhoods. 7.10.1 Work with the City of Denton Department of Parks and Recreation and DISD to match growth projections and identified growth areas to ensure that schools and community facilities are appropriately sited in future growth centers and in locations where multi -modal mobility can be adequately accommodated. 7.10.2 Collaborate with the Denton school districts to create siting guidelines for the location of new schools and community facilities consistent with best practice urban design policies 7.10.3 Work with DISD in creating school district guidelines for building schools and community facilities in locations most conducive to overarching land use goals, including infill areas. 7.11 Concentrate community facilities in transit -accessible areas and walkable communities to increase greatest potential for access and contribution to community health. 7.11.1 Create policies and agreements with DCTA, other transit agencies, the Denton school districts, and the City of Denton Transportation Department to ensure that walkable and bicycle accessible routes are identified installed, and maintained, near schools and community facilities. 7.11.2 Ensure that community facilities are accessible through safe pathways that are well -lit, visible, and protected against traffic safety concerns, including accessibility concerns for people with disabilities. 7.12 Use community centers, senior centers, schools, and libraries as a means of enhancing and highlighting neighborhood distinction and sense of community. 7.12.1 Partner and collaborate with neighborhood residents in the design of new community facilities. 7.12.2 Engage neighborhood residents to determine the programming within community facilities and match programming with the needs of distinctive communities and demographic groups. 7.12.3 Explore the viability of historic building reuse in housing new community facilities and spaces for community programs. Efficient Co -location of Facilities: Providing ample and well-designed schools and community facilities is of prime importance as Denton looks to its future. Planning for new facilities is much more than responding to population growth and putting the necessary facilities in place, but includes considerations for meeting the Denton Plan 2040 7-17 214 alp.9 �tll��F llofio unique needs of Denton's diverse community, advancing sustainable land use and building design standards, and fostering healthy and engaged communities for the future. Policies and actions in this Element are designed to further sustainability goals such as placing new schools and community facilities close to transit, accomplished through coordination with DCTA and Land Use and Mobility goals, and co -location of facilities to promote "one stop" programming and accessibility and efficient land use. In the compact development pattern, it is essential that sufficient community facilities and schools be located within the urban core so that a higher density of housing can be supported. The Downtown area especially offers opportunities to house community facilities and programs within existing historic buildings, and to infill areas suitable for redevelopment. Multi -use development of civic resources maximizes the use of space and decreases associated management capital expenses. Therefore, whenever opportunities exist to co -locate and/or combine civic uses, the development of collaborative partnerships with civic organizations, including universities, schools, and other jurisdictions are encouraged to assist with co -locating facilities. Land acquisition, property development and maintenance costs can be reduced through co -siting of municipal and civic facilities, where feasible. Maximizing municipal resources, including financial resources, can be realized by setting policies that prioritize multi -use facilities within community activity centers. The co -siting and coordinated management of municipal and civic facilities contributes to community health and a connected community. 7.13 Provide joint -use of facilities in order to encourage community unity and ensure cost- efficient maintenance. 7.13.1 Conduct a study of all community facilities as part of the updated Capital Improvements Plan (CIP) to analyze the capacity for shared services among existing facilities. 7.13.2 Include shared use spaces in plans for future community facilities. 7.13.3 Include vocational and job training programs in both DISD and City of Denton facilities to serve Denton residents. 7.14 Combine community facilities for the most efficient use of resources. 7.14.1 Co -locate school and school athletic facilities within or adjacent to Regional Mixed -Use Centers. 7.14.2 Locate elementary schools within Neighborhood Mixed -Use Centers. 7.14.3 Locate major recreational activity centers within or adjacent to Mixed -Use Centers when possible to encourage convenient access between these uses. 7-18 Housing & Neighborhoods 215 Housing &Neighborhoods f 7 7.14.4 Establish policies to encourage religious buildings, service clubs, and other quasi - public uses to co -locate within appropriate activity centers to create community focal points and enable sharing of parking and other facilities. 7.14.5 Ensure compatibility of community facility clusters by choosing locations that are suitable for multi -modal accessibility and neighborhood compatibility. Community Facilities Design: Purposeful selection of architecturally distinct community facilities can positively contribute to the community character that is uniquely Denton. Incorporating artistic design into facilities used by the general public can promote community pride and general interest. 7.15 Enhance community character through well-designed community facilities. 7.15.1 Utilize urban design principles for the design and planning of new municipal facilities. (CC Table 4.1, DP p.55) 7.15.2 Integrate public art into the planning and design for City and County -owned public facilities 7.15.3 Engage the community in the design and planning for new community facilities. 7.15.4 Continue to encourage community facilities to be designed according to best practice sustainability standards (i.e. LEED). 7.15.5 Ensure that community facilities are accessible via the open space network, with connections to trails, parks, and the pedestrian network. 7.15.6 Ensure that municipal facilities are designed consistently with municipal lighting standards and include as much natural light as possible to reduce energy costs. Denton Plan 2040 7-1 216 d Aio10 8 � Community Health, Safety, & Services Community Health, Safety, & Services Overview It is important to continue to address emerging trends in planning, both nationally and in the North Texas Central region. Among the main emerging themes in planning is supporting healthy communities. This encompasses a wide range of topics, top among them the connection between the built environment and physical activity, which is often limited by the car -oriented lifestyles of most communities. Healthy communities planning attempts to reverse this trend with a focus on encouraging walkable development, public space activation, safe and efficient transportation routes, and places for active recreation. Access to healthy food, improved air quality and water quality, and protection from environmental hazards are also important aspects of health and safety. The Community Health, Safety, and Services Element covers this range of subjects, including: ■ Establishment of a comprehensive approach to planning for healthy communities. ■ Acknowledgment of national standards, contemporary research, and regional coordination and guidance regarding healthy communities planning, including coordinated programs to improve air and water quality. ■ Planning for natural and man-made hazards mitigation on a citywide scale, including gas well drilling and production. ■ Provision of emergency services based on level -of -service standards. ■ Furtherance of programs and services addressing underserved and disadvantaged communities in Denton. The goals, policies, and actions within this Element require coordination throughout the Comprehensive Plan, among the many policies linked to land use, housing and neighborhoods, community character, mobility, facilities, parks and open space, and economic vitality. The most important actions for ensuring healthy communities planning will be to coordinate among City departments, a comprehensive approach to supporting public health and wellbeing, along with a robust public education campaign to raise awareness within the community. Denton Plan 2040 8-1 217 alp.9 �tll��F llofio Community health and safety is also directly affected by the real and perceived threats of natural and man-made hazards, including gas well drilling and production. Addressing the implications of gas wells as part of the implementation of the Comprehensive Plan will be important for ensuring long-term safety and economic vitality. The day-to-day health and safety of Denton's citizenry will continue to be monitored by the City's emergency services, including police, fire, and emergency medical services (EMS), which will expand to keep up with population growth and city expansion. Community Health, Safety, and Services in the Community Vision Statement The Character of Denton ■ Denton is a friendly city built on strong community connections. We area leader in our commitment to sustainability and innovation while preserving our historical assets. We have a network of trails, parks and greenways that connect to open spaces. ■ Denton is safe and livable —a hospitable community of friends and neighbors. Our People, Institutions, and Government ■ We are committed to fairness and equitable access to educational opportunities, community services, jobs, and government representation. ■ All generations, of both natives and newcomers, are deeply rooted in the community and are actively engaged in its betterment through volunteer participation with faith -based, civic, and/or neighborhood organizations and service on local government boards and commissions. ■ The City of Denton is a healthy, family -friendly community which sees its youth as its most valuable resource; a resource worthy of investment in education, healthful recreation, and opportunities for challenging and rewarding employment and engagement in civic affairs. ■ The City of Denton's institutions of higher learning, UNT and TWU, are partners with government, civic organizations, and local employers in initiatives to foster creativity in the arts, innovation, a strong economy, life-long learning, and the retention of the best and brightest. ■ The City of Denton government is customer -friendly and prides itself on its transparency and open communication, utilizing modern technology, its efficient provision of public services and facilities, and through its leadership in seeking to realize the Vision of Denton's future. ■ The City of Denton has integrated, reconciled, and streamlined its plans, processes, policies, and regulations for consistency, clarity, and effectiveness. 8-2 Community Health, Safety, & Services 218 Community Health, Safety, & Services 8 Sound Growth: Strengthening Our Form and Function Throughout Denton we see... ■ A compact development pattern which includes expanded areas of mixed use, a broad array of housing and retail choices responding to changing demographics and market preferences, and re -investment and infill in underutilized areas of the city. ■ An efficient transportation system with a safe and well-connected road network which accommodates a wide array of mobility options, including local and commuter rail transit, as well as accommodations for pedestrians and cyclists. ■ Parks, greenways, stream corridors, tree canopy, and other natural resources integrating into the fabric of the community and contributing to healthy lifestyles. ■ Environmental stewardship through water conservation, positive contributions to regional air quality, sustainable development practices, green infrastructure, and renewable energy. In the core of Denton we see... ■ A vibrant Downtown Denton, energized with new housing, shopping, arts, and entertainment, supporting day and nighttime activity and a true urban lifestyle — Denton style. ■ Established neighborhoods where revitalization and compatible infill development contributes to stable, livable, and historic character, and fosters neighborhood pride and homeownership. In our rural fringe areas of the city and the Extraterritorial Jurisdiction (ETJ) we see... ■ Conservation development which retains rural character, protects open space and greenways, enhances development value, and provides greater choices to land owners. ■ Potential safety and compatibility impacts presented by hazardous activities, such as gas well drilling and production, mitigated to protect neighboring persons and property. Finally, taking care to address the needs of Denton's disadvantaged and underserved populations is an important element of long-term community health and resilience. Community groups in Denton continue to work to provide services to these communities through the city and also provide opportunities for giving back. As part of the Comprehensive Plan, these programs should be monitored formally as part of planning policy to ensure that the health and welfare of all of Denton's citizenry remains a priority for the future. Planning for Healthy Communities Community health and the built environment is an emergent theme in the field of planning. The notion of healthy places and public health transcends issues of land use, physical activity, access to the outdoors, and access to healthy, locally -produced food. The Urban Land Institute (ULI), a national non-profit focused on urban development issues, has published a number of documents on the topic of building healthy communities, including Ten Principles for Building Healthy Places. Denton Plan 2040 8-3 219 AURA uo4-o The report is intended to bridge the gap of discourse between the health care and land use fields and thus bring individuals together to develop principles on designing healthier communities. The Ten Principles for Building Healthy Places are as follows: Put People First: design communities that put community health first and consider health impacts ahead of time. 2. Recognize the Economic Value: changing lifestyle preferences indicate that walkable, mixed-use, and transit -rich communities are more highly valued and create economic engines in cities. 3. Empower Champions for Health: use community engagement to further community health goals. 4. Energize Shared Spaces: activation of the public realm enlivens communities and provides additional opportunities for physical activity and community interaction in the outdoors. 5. Make Healthy Choices Easy: ensure that environments are safe so that making healthy choices will not be discouraged by perceptions of safety. Ensure Equitable Access: design for all ages and abilities, focus on safe and accessible routes to schools and integrate land use with transportation, addressing all modes and transportation users. 7. Mix It Up: a variety of land uses, building types, and public spaces can improve both physical activity and social interaction, which necessitates updating of regulations and standards. Embrace Unique Character: integrate open space planning and revitalization of existing community centers to base city design on existing assets and character areas. Promote Access to Healthy Food: food access must be considered with every new development, including reconsidering grocery store size standards and access to existing stores. 10. Make It Active: use urban design guidelines to further community health goals by co - locating activities, upgrading walking and bicycling infrastructure, and encouraging shared -use facilities. The ULI report is based on the premise that one of the most important determinants of physical activity is a person's immediate environment, as people who live in neighborhoods with parks, trails, and greenways are considerably healthier than people who live in neighborhoods without such facilities. As rising health care costs from largely preventable diseases — such as obesity, asthma, diabetes, and depression — have real costs that are passed on to cities and communities 8-4 Community Health, Safety, & Services 220 Community Health, Safety, & Services 1 8 to endure, it is important to consider the influence of city design on many aspects of public health. According to the Centers for Disease Control (CDC), in 2020, more than 35 percent of adults in the United States and more than 19 percent of youths were obese, with annual medical costs significantly higher than for individuals of a healthy weight. The rise of obesity and health problems is partially attributed to limited physical activity as a direct consequence of the built - environment and transportation choices. As these considerations are becoming increasingly central in urban design and planning policy, they are complemented by an increased demand for more housing opportunities in compact, urban environments with a sense of place, walkable streets, and transit. Thus, it is important that the Comprehensive Plan establish a framework for a physical environment that is conducive to healthy lifestyle choices. Another factor in community health is access to healthy foods. While an urban lifestyle is increasingly popular, supermarkets, the best purveyor of a range of food options, are located primarily in outlying suburban neighborhoods. As a result, many urban environments lack food options beyond convenience stores and fast food restaurants, neither of which offer the fresh foods that are desirable in a balanced diet, leaving urban communities with few healthy food choices. Typically, urban communities have been of lower incomes, and grocery stores were unlikely to locate in downtowns due to development codes and limited available sites, and also a lack of buying power. This trend has contributed to the connection between poverty and obesity and the term "food deserts," indicative of environments, both urban and suburban, that are underserved by accessible grocery stores. National retailers are beginning to re -think models of grocery stores-- many moving to multi-level options for small sites, and creating different products to serve a variety of incomes. Another factor in community health is the opportunity for local food production within the community in a variety of settings, which also contribute to physical activity and community interaction. Access to healthy foods is highlighted in Denton's sustainability plan, Simply Sustainable: A Framework for Denton's Future (2020). Urban agriculture in Denton has grown in recent decades, paralleling a national trend supporting local food production. The City of Denton partners with the Denton Community Market to support local businesses and promote increased access to local, fresh, and healthy foods. The city has several farmers markets that operate seasonally on various days of the week and allows up to eight hens in a backyard are currently permitted as long as certain standards are met. Additionally, several community gardens and small farms have been established in Denton, including Earthwise Gardens, Cardo's Farm Project, and Shiloh Field. The American Planning Association (APA) has also produced guidance on comprehensive planning for public health, similar to ULI. The APA has created policy guides to integrate public health into planning: Healthy Plan Making (2013) and the Healthy Communities Policy Guide (2017). Healthy Plan Making is based on the evaluation of comprehensive plans throughout the country that had included public health policies either throughout the plan or in stand-alone Elements. The report concludes with a summary of the most frequent types of polices, as well as recommendations for successful and effective implementation. Healthy Communities Policy Denton Plan 2040 8-5 221 alp.9 �tll��F llofio Guide further describes the most current industry guidance and provides example performance metrics for promoting healthy communities. While many cities and counties address a diversity of topics related to public health, the most important elements for implementation are sending the right message, having the support of public officials, interdepartmental coordination, and including metrics to benchmark progress. Many communities have created frameworks to measure public health through health impact assessments (HIA) to promote the consideration of public health in decision-making that affects the built environment, public services, and facilities. HIAs may be conducted for a policy, an individual site, a community, or a region. HIAs help measure the potential effects on community health through screening, scoping, assessing risks and benefits, developing recommendations, reporting, and monitoring. The CDC oversees a Healthy Community Design Initiative as another resource for building healthy communities and ensuring that goals and policies are put in place in a systematic manner. The APA has developed a Health Impact Assessment Toolkit for Planners (2016) to aid the development of HIAs to guide local decision making. Currently, community health in Denton is addressed by the Denton County Health Department (DCHD). This Department is focused on making Denton County a healthier place to live, work, and play by improving health outcomes of Denton County residents. Its services focus on disease awareness and prevention, protecting against environmental hazards, encouraging healthy behaviors, and disaster preparedness and recovery. DCHD provides programs on public education regarding cancer, cardiovascular disease and diabetes prevention, tobacco use, West Nile, COVID- 19, and injury prevention through healthy behaviors. In addition, DCHD offers services for prevention of communicable diseases, including COVID-19, sexually transmitted diseases (STD) and tuberculosis (TB). The Department also offers Women, Infants, and Children (WIC) services to provide nutrition education and food vouchers for those who qualify. The Department regularly engages in partnerships with other organizations such as school districts, city parks and recreation departments, UNT, TWU, and local emergency medical services (EMS), to name a few, for things such as mosquito testing for West Nile. The City of Denton's Building Inspections Division oversees inspections of food establishments to ensure health code compliance. While DCHD and local non -profits do an outstanding job of addressing specific health challenges, there is no all-encompassing policy framework to support healthy lifestyles. Fortunately, there has been significant work done regionally on the topic of community health and sustainability, affecting all of the communities within the DFW Metroplex. Denton is encompassed in the Vision North Texas plan that was created by the North Central Texas Council of Governments (NCTCOG), in partnership with local ULI chapters, affected cities and counties, and the University of Texas at Arlington. Vision North Texas is a valuable opportunity for Denton to implement regional goals that contribute to the future quality of life, economic desirability, and long-term sustainability of the 16 -county North Central Texas region. 8-6 Community Health, Safety, & Services 222 Community Health, Safety, & Services 1 8 Included in Vision North Texas is guidance for increasing public awareness about important regional land use issues that affect mobility, air quality, water supply, and other economic and environmental resources. In addition, NCTCOG has worked with its Bicycle and Pedestrian Advisory Committee (BPAC) to create a Regional Complete Streets Policy Statement for North Central Texas. "Complete streets" refers to thoroughfares that feature a combination of sidewalks, bike lanes, bus lanes, accessible public transportation stops, safe pedestrian crossing opportunities, and other amenities to ensure modal balance and safety for all transportation types. Complete streets are an important element of achieving healthy communities. This framework should continue to serve as a useful tool in implementing goals for healthy communities that further regional goals. Policies and Actions Healthy Communities Planning: There is a great diversity of resources informing the implementation of actions to support healthy communities in Denton. The City has already made great strides through the ongoing implementation of Denton's sustainability plan Simply Sustainable: A Strategic Plan Framework for Denton's Future and developments in urban agriculture. Given that identifying indicators for community health is a relatively new concept in planning, it is important to establish programs and a system for monitoring progress to ensure that goals are being pursued and achieved. Working to establish guidelines will ensure that community health goals are met. A HIA will allow for the city to understand the "state of the community' in regards to public health in the present day. This can further be monitored annually through a Community Health Report Card. Coordination among City departments is important to ensure that a consistent approach and framework is established, and shared priorities are identified. Substantial research has been conducted in this field that can be applied to planning for community health in Denton. 8.1 Establish a comprehensive framework to promote healthy communities. 8.1.1 Produce an HIA for Denton following CDC and APA guidelines, and publish it online. 8.1.2 Partner and collaborate with Denton County to create a health policy framework to be applied among departments within the city and county including streets, utilities, planning, parks and recreation, and environmental services. 8.1.3 Dedicate staff within the City of Denton to coordinate with the Denton County Health Department and align strategies and guidelines on community health. 8.1.4 Apply the reference resources on community health including ULI and APA guidebooks, as well as the health-related recommendations of Vision North Texas. Denton Plan 2040 8-7 223 alp.9 �tll��F llofio 8.1.5 Create an annual Community Health Report Card featuring the progress of programs focused on community health and the findings of the initial HIA and publish it online. 8.1.6 Actively seek out and implement methods to make local food production easier. Community Health Education: While planning for community health is important, it is even more important to ensure that the message reaches the Denton population to realize true progress. An increase in public awareness for healthy communities can be accomplished by partnerships with major employers and healthcare providers to distribute material about healthy lifestyle choices, coordinated with programs already underway. In addition, partnering with Denton Independent School District (DISD) can realize improvement in community health through the types of foods children and youth are served, regulating the level of physical activity that is required, and including public health as a topic of education. A robust communications framework to accompany community health strategies is encouraged to achieve long-term results. 8.2 Enhance public awareness for community health goals. 8.2.1 Create a robust public relations campaign centered on community health advocacy and promoting physical activity. 8.2.2 Work with DISD to promote awareness of healthy lifestyle choices within Denton schools. 8.2.3 Work with major employers and healthcare providers to promote healthy lifestyle choices within Denton employment centers. Plan and Policy Coordination: The most important elements of encouraging healthy communities that can be affected by the Comprehensive Plan are the furtherance of a compact growth pattern, community design that supports physical activity, and a mobility network that encourages walking, bicycling, and public transportation to reduce emissions and improve air quality. The policies to encourage community health are distributed throughout the Comprehensive Plan and Simply Sustainable: A Framework for Denton's Future (2020). The adoption and implementation of these plans will ensure that many community health goals are met, and may be tracked to account for progress through the plan horizon. 8.3 Link healthy community goals and polices throughout the Comprehensive Plan and to Denton's sustainability plan. 8.3.1 Promote compact development patterns and urban design standards that support pedestrian access and physical activity. 8-8 Community Health, Safety, & Services 224 Community Health, Safety, & Services 1 8 8.3.2 Locate land uses according to the Future Land Use Map (FLUM) to ensure that protected land uses are not in conflict with health hazards, applying standards of environmental justice. 8.3.3 Incorporate complete streets guidelines a mobility plan update following the guidance of NCTCOG and coordination with the Parks and Recreation Department. 8.3.4 Continue to implement policies from Simply Sustainable: A Strategic Plan Framework for Denton's Future regarding the expansion of community gardens and urban agriculture to promote access to healthy foods. 8.3.6 Implement green infrastructure standards for private development and public rights-of-way as part of stormwater management polices to improve water quality and supply. 8.3.7 Coordinate with NCTCOG goals for maintaining regional air quality and healthy ozone levels. 8.3.8 Promote the Air North Texas Pollution Alert program to alert Denton residents when ozone levels are at potentially unhealthy levels, based on the Air Quality Index (AQI) monitored by NCTCOG. Hazard Mitigation Hazard mitigation is a concern in many communities. Hazards can be broadly defined and may include daily environmental hazards such as noise, polluted stormwater runoff, and air pollution from vehicular traffic and industrial emissions. Hazards also include tornadoes, floods and other natural disasters, and man-made disasters from industrial accidents and terrorist or criminal activity. In North Texas, specific concerns regarding gas wells include risks to public safety from potential explosions, and the potential impact of toxic chemicals on air and water quality. Denton is located atop the Barnett Shale formation, which is a rich resource of natural gas, among the largest in the United States. The rise of hydraulic fracturing has made the reserves of the shale more accessible and has led to a proliferation of gas wells. Many of Denton's gas wells are adjacent to areas currently designated as protected land uses and in the potential alignment of planned roads. The potential impacts of gas wells on public health and safety continues to be a topic of great concern. The Denton Fire Department's Office of Emergency Management (OEM) is charged with coordinating the City of Denton's emergency management program. Activities include developing emergency plans, offering disaster preparedness training, conducting drills and exercises, and participating in public education programs. The program operates through the four phases of emergency management in order to properly prepare for disasters, coordinate response efforts, provide timely recovery assistance, and implement projects to try to prevent and/or lessen the Denton Plan 2040 8-9 225 alp.9 �tll��F llofio impacts of disasters. OEM works with numerous public, private, and nonprofit agencies in order to help ensure the City of Denton is a safe place to live, work, and play. The OEM prepares a Local Mitigation Strategy covering a variety of hazards affecting Denton, known as the Hazard Vulnerability Analysis (HVA). In addition, OEM hosts and participates in a number of emergency preparedness public education programs and prepares guidelines for training and drills. OEM also oversees and utilizes the following programs for Denton: ■ Texas Regional Response Network (TRRN), which aids in response and planning efforts by allowing system users to collect and retrieve resource information ■ Everbridge Public Warning System ■ Emergency Preparedness Planning ■ Evacuation and Shelter Guide ■ National Incident Management System (NIMS)/ Incident Command System (ICS) ■ Pet and Animal issues ■ Disaster planning with special attention to persons with special needs ■ Volunteer opportunities related to disaster preparedness Policies and Actions Hazard Protection and Gas Well Drilling and Production: Protecting Denton's citizens from both natural and man-made potential hazards is an essential element of ensuring efficient city functioning and healthy communities. A particular goal of the Comprehensive Plan is for the City to get a clear understanding of the implications of gas well drilling and production regarding potential risks to public safety, mobility, and livability. In addition to understanding their impact on land use patterns and mobility, gas wells should be included in all future hazards planning, in tandem with the programs currently overseen by the OEM. Gas wells should also be included in the Hazard Vulnerability Analysis (HVA) for Denton, which is updated every five years. 8.4 Ensure effective disaster preparedness for natural and manmade disasters. 8.4.1 Update the HVA every five years. 8.4.2 Include consideration of gas well drilling and production in the HVA and addressed by policies of the OEM. 8-10 Community Health, Safety, & Services 226 Community Health, Safety, & Services 1 8 8.4.3 Coordinate with land use policies for gas well drilling and production which will mitigate for real and perceived impacts to community safety. Emergency Services Denton provides high-quality public facilities and services to protect the safety and welfare of the community. Emergency services, in general, refers to police, fire, and emergency medical services (EMS). The provision of emergency services is provided based on level -of -service standards, which must be maintained to keep up with population growth and the city's expansion. As population increases, the operating capacity of emergency service providers must increase, with additional professional staff, vehicles, and physical facilities in order to maintain level of service standards. Police and fire facilities may be centralized or distributed around the city based on location of density of population and employment. Typically, fire and police departments have a central management office that may be collocated and satellite offices that are located in many different areas to serve neighborhoods directly. Denton is currently served by the Denton Police Department with a force of 204 sworn officers (i.e., those who have arrest authority) and 68 non -sworn employees. The Denton Fire Department operates eight fire stations throughout the city, with a staff of 199 full-time professionals, as of 2021. The Department is responsible for fire suppression, fire prevention, fire prevention education, emergency medical services, and disaster preparedness. According to a data from ESO, the record management software for the fire department, the Fourth Quarter, Fiscal Year 2021, the Denton Fire Department averages approximately one thousand eight hundred (1,800) calls a month, ranging from fire related calls to good intent calls. Policies and Actions Emergency Services: In addition to keeping pace with population growth and providing adequate service, it is desirable that Denton's emergency services contribute to overarching goals of community health and safety, thoughtful planning and urban design, and to a sense of community and pride. As with other Elements of the Comprehensive Plan, emergency services planning should be coordinated with land use, urban design, housing and neighborhoods, and mobility planning in order to realize a holistic, well -integrated, and efficiently -operated city. It is the responsibility of Denton's Police and Fire departments to update facilities and staffing plans regularly to keep a pace with growth and update the Capital Improvement Program accordingly. Table 8.1. Denton Police Department Activity, 2010-2020 Denton Plan 2040 8-11 227 UR6 AURA uo4-o Calls for Service 80,302 101,364 Average Response Time (Minutes) 5:34 6:31 Source: City of Denton Police Department Activity, 2010-2020 The City of Denton utilizes the National Incident Management System (NIMS). NIMS provides a systematic, proactive approach to guide departments and agencies at all levels of government, nongovernmental organizations, and the private sector to work seamlessly to prevent, protect against, respond to, recover from, and mitigate the effects of incidents. NIMS aims to reduce the loss of life and property and harm to the environment. City staff involved in emergency operations are trained based on their position and area of responsibilities. 8.5 Ensure adequate police services to protect the health and safety of the Denton Community and business population. 8.5.1 Plan and provide for police stations, offices, and supporting facilities adequate to support level of service standards. 8.5.2 Co -locate police facilities close by to other community facilities when possible for land use and operational efficiency. 8.5.3 Design police facilities to be recognized as iconic civic buildings. Reuse and update existing police facilities when possible. 8.5.4 Encourage use of the Crime Prevention through Environmental Design (CPTED) design standards to reduce instances of crime. 8.5.5 Continue to strengthen and grow the City's neighborhood policing programs. 8.6 Ensure adequate fire and emergency prevention and response to protect the health and safety of the Denton Community and business population. 8.6.1 Plan and provide for fire and emergency services, offices, and supporting facilities adequate to support level of service policies maintained by emergency services departments. 8.6.2 Co -locate fire and emergency services facilities close by to other community facilities when possible for land use and operational efficiency. 8.6.3 Continue to design fire and emergency service facilities to be recognized as notable civic buildings. Reuse and update existing fire and emergency service facilities when possible. 8.6.4 Maintain response time standards established by the National Fire Protection Association for populations of Denton's size. 8-12 Community Health, Safety, & Services 228 Community Health, Safety, & Services 1 8 8.6.5 Provide connections to resources, such as permit assistance and tax rebates for tornado shelter purchases and installation.8.6.6 Focus on prevention programs to heighten awareness, minimize loss, and support a safer community. 8.6.6 Reduce the possibility of fire in commercial, industrial, and multi -family buildings through development review and a high-quality inspection program. 8.6.7 Continue and strengthen the City's participation in the National Incident Management System (NIMS). Social Services and Programs Denton currently has a wide range of organizations providing services to communities in need, primarily through non-profit and faith -based groups. Denton has over 30 active organizations and faith -based groups that continue to grow and provide specific services to serve community needs. The grand opening of the 48,000 -square -foot Serve Denton campus in October 2019 means many non -profits are now centralized, with improved collaboration and service delivery. A recent needs assessment conducted by the United Way of Denton County (2017), identified a number of critical services and other needs in Denton County, including: community collaboration, technical and vocational education programs, affordable and accessible health, substance abuse, mental, and dental care, homelessness support and mitigation, affordable housing, and transportation access. Poverty, drug trafficking, predatory lending, and a lack of public education are also cited as among chief concerns in the city. The goals and policies of the Comprehensive Plan are to enable the City to streamline responses to these needs with the support of established community groups. Policies and Actions Addressing Communities of Need: While Denton has a robust neighborhood and social services program, through the work of many community organizations, the needs will only persist and become more pervasive as the population grows. As a result, the policies are primarily geared at revisiting and updating the current programs at work in Denton and aligning them with present-day challenges in Denton with an eye to the future. The maintenance of a healthy and thriving community will be enabled by ensuring programs will continue, expand, and add additional capacity to meet changing needs. The provision of new community facilities, such as community and recreation centers, should also be coordinated with community needs in order to provide centers within Denton's neighborhoods that can serve various needs (see Housing and Neighborhoods Element). Denton Plan 2040 8-13 229 AURA uo4-o 8.7 Establish a framework for the formation of programs to serve Denton's communities of need. 8.7.1 Establish a working group consisting of city, county departments and community leaders to conduct an assessment of the existing programs serving community members in need in Denton. Determine if adequate services are available and if additional programs or organizations are needed to meet needs. 8.7.2 Work with existing Denton community groups to support the Serve Denton campus facility for non-profit use and the provision of community services and programs. 8.7.3 Establish a consortium among city and county departments, DISD, and local youth -focused non -profits to prioritize and create an action plan for identifying and updating the needs of Denton youth and identify key partners to aid in implementation of programs. 8.7.4 Continue to support programs that combat substance abuse in Denton and work with key partners to aid in their implementation. 8.7.5 Continue to work with local partners to strengthen and broaden current programs addressing the needs of those experiencing homelessness in Denton, while also improving affordable housing policies. Create a plan to make homelessness rare, brief, and nonrecurring, and identify key partners to aid in implementation. 8.7.6 Include health education and preventative care guidelines into all programs serving key groups of need. 8.7.7 Include needs for neighborhood and social services in the planning for and upgrading of community facilities. 8.7.8 Work with DCTA to ensure that public transit needs for senior and people with disabilities are met. Volunteer Programs: The Denton 2040 Comprehensive Plan update reaffirmed that more volunteer opportunities for people to give back to the community and serve those in need are desired. While many volunteer programs exist, a formal clearinghouse or centralized system for community members to learn about and connect with opportunities will help ensure volunteers are well -matched to aide those most in need. 8.8 Proactively identify and organize volunteer opportunities within the city that will link Denton residents with opportunities to serve their fellow citizens. 8.8.1 Establish a City of Denton staff position to oversee volunteer organization and mobilization. 8-14 Community Health, Safety, & Services 230 Community Health, Safety, & Services 1 8 8.8.2 Work with non-profit groups to identify existing volunteer programs and create a framework for identifying additional program needs. 8.8.3 Regularly update and enliven the page on the Denton website advertising volunteer opportunities. 8.8.4 Establish partnerships with UNT, TWU, and NCTC to volunteer within the community. 8.8.5 Establish partnerships with major employers to volunteer within the community. 8.8.6 Work with the Denton County Health Department to continue and expand volunteer opportunities related to the provisioning of health care and health education. 8.8.7 Include volunteer opportunities in the programming of community facilities and link them with school programs. Denton Plan 2040 8-15 231 AUAk UA 9 � Infrastructure & Utilities Infrastructure & Utilities Overview The Denton population in 2020 was 139,869 and is poised to increase by approximately 89,000 by 2040. The compact growth framework will be influenced by the availability and access to, as well as the economic feasibility of, supporting infrastructure. Services provided to the Denton community such as electricity, water treatment and distribution, wastewater collection and treatment, solid waste collection, and flood mitigation and drainage will determine the extent of development and the quality of life of community members throughout the plan horizon. The policies that follow in this Element include the following primary considerations: ■ The provision of efficient and sustainable energy systems to the residents and business community of Denton. ■ A reliable, safe, and sustainable source of water for the future needs of the Denton community. ■ Establishing practices that ensure cost-effective and environmentally -sensitive wastewater services sufficient to meet future demands. ■ Promoting the expansion of a natural systems -based, green infrastructure approach to stormwater management consistent with national best practices. ■ A solid waste and recycling program that moves beyond refuse removal to promote best practices in waste minimization and resource recovery and thinks locally and globally regarding environmental protection. ■ Maintenance of existing and future facilities that ensure their long-term viability to sustain the future of Denton's growth. Water and energy resources have historically been sufficient to support Denton's growth over the past several decades. However, state-wide and global issues such as population growth, variable rainfall, and forecasted shortages in capacity to meet energy demands (i.e. energy reserve margins) have caused staff at the City of Denton to strategically plan to meet customer demands. Denton Plan 2040 9-1 232 AURA uo4-o Denton must now consider a larger community that must collectively adapt to both droughts and floods in an economically- and environmentally -sensitive manner. The ability to rely on natural systems, such as floodplains, to store flood waters has been compromised by historic development within the floodplain. Conversely, renewable energy source options have become economically feasible and are now incorporated into Denton's electricity portfolio. Responding to new options, as well as being more responsive to natural constraints is a theme in the infrastructure policies that follow, and their effect on the long-term resiliency of Denton in terms of cost-effective responses to changing dynamics in the community. Infrastructure and Utilities in the Community Vision Statement The Character of Denton ■ Denton is authentic. Our small-town charm and, North Texas heritage are proudly embraced along with positive change, smart and balanced growth, and high-quality development. ■ Denton is consciously green. We area leader in our commitment to sustainability and we have a significant tree canopy, a network of parks and greenways, stream corridors, and urban forests. Our People, Institutions, and Government ■ The City of Denton is a healthy, family -friendly community which sees its youth as its most valuable resource; a resource worthy of investment in education, healthful recreation, and opportunities for challenging and rewarding employment and engagement in civic affairs. ■ The City of Denton government is customer -friendly and prides itself on its transparency and open communication, utilizing modern technology, its efficient provision of public services and facilities, and through its leadership in seeking to realize the Vision of Denton's future. ■ The City of Denton has integrated, reconciled, and streamlined its plans, processes, policies, and regulations for consistency, clarity, and effectiveness. Sound Growth: Strengthening Our Form and Function Throughout Denton we see... ■ Infrastructure systems which have undergone well-planned, staged expansion to serve and manage the city's growth. ■ Environmental stewardship through water conservation, positive contributions to regional air quality, sustainable development practices, green infrastructure, and renewable energy. 9-2 Infrastructure & Utilities 233 Infrastructure & Utilities 1 9 In the core of Denton we see... ■ A vibrant Downtown Denton, energized with new housing, shopping, arts, and entertainment, supporting day and nighttime activity and a true urban lifestyle — Denton style. In our rural fringe areas of the city and the Extraterritorial Jurisdiction (ETJ) we see... ■ Contiguous, staged growth which is fiscally and environmentally sound, reduces fragmentation and sprawl, discourages premature development, and conserves the City's future growing room. ■ Conservation development which retains rural character, protects open space and greenways, enhances development value, and provides greater choices to landowners. A significant theme in the provision of infrastructure and utilities in the future is based on the transformation from "gray' to "green" infrastructure options, based on the concept of green infrastructure as described in Element 5: Parks, Conservation, and Environment. Green infrastructure reconfirmed as a community priority in Denton 2040 Comprehensive Plan update relies on the mimicking of natural systems to create stormwater management that is more akin to natural processes rather than the traditional "gray' concrete systems of the past, which sought to alter natural systems. Significant capital expenses are associated with the installation and maintenance of infrastructure systems. Applying a systems approach to infrastructure developments will conserve resources over the long-term, including costs. Best practices that maximize cost-effective, long-term sustainable green infrastructure options are proposed within this Element that offer the City options for both short and long-term strategies for infrastructure investment including operation, maintenance, and replacement costs. The Infrastructure and Utilities Element also includes policies and actions to manage solid waste over the development horizon of the Comprehensive Plan. Solid waste management, which includes waste and recycling, continues to evolve with best practices. In Denton, waste is viewed as more than just trash to be placed in a landfill, but as a resource. Furthermore, material reuse and recycling are increasing as rapidly as the available technology permits. Landfill capacity needs to be prolonged, the environment protected, and energy production and material reuse maximized into the future to optimize this community resource. A well-maintained and operated infrastructure network is fundamental to a healthy, thriving community. Denton's investment in this infrastructure will both influence and support the framework for compact development and infill that is central to the Comprehensive Plan. Energy Energy in Denton is provided by Denton Municipal Electric (DME), Denton's customer -owned electric utility. It has been in operation since 1905 and provides electricity to approximately 53,000 Denton Plan 2040 9-3 234 alp.9 �tll��F llofio customers. It reports to the Public Utilities Board and the City Council, similar to other utilities in Denton. DME's infrastructure system is monitored and maintained by a state-of-the-art National Electric Reliability Council (NERC) -Certified Operations Center and a staff of professional electric workers. By constructing and maintaining transmission and distribution infrastructure and by procuring energy from a variety of sources, DME reliably and cost-effectively meets the power demands of a growing population. Electric power is a vital component of the community, and DME will continue to expand to meet Denton's growth. Denton is one of the few communities within the Dallas -Fort Worth Metroplex with its own electric utility. Given Denton's proximity to the deregulated market, DME is able to compare its rates and service with competitive power providers; this allows DME to ensure customers are getting the best value. As a result, operational efficiency is a cornerstone for DME. As an example, DME has implemented an automated metering system allowing for operational efficiencies for DME while providing I value to DME customers in the form of improved usage data to help customers manage how they use electricity. Enhancements to this system of smart meters will enable customers to participate in new energy efficiency programs, and future rate structures that will enable customers to better control how and when they use electricity. DME's extensive Capital Improvement Plan (CIP) provides infrastructure improvements to Denton's electrical system. The City of Denton CIP includes many projects that will strengthen the transmission and distribution infrastructure in Denton. These projects include the construction of new electrical substations, and the expansion and conversion of existing substations and transmission lines from 69kV to 138 kV. DME currently provides only electrical energy to Denton. DME has the ability to provide natural gas to industrial customers in a specific geographic area, west of 1-35, but there are currently no natural gas infrastructure or facilities in place. Should they become economically feasible to pursue, DME should proceed with installing this infrastructure to further economic development efforts. As of 2021, one -hundred (100) percent of the electrical demands of DME's customers were supplied from renewable energy resources making Denton one of the most progressive, environmentally conscious communities in the US. DME sources its renewable energy from a portfolio of wind and solar renewable energy resources located throughout Texas.... Staff in DME's Energy's Management Organization continually search for cost-effective sources of renewable energy and pursue additional contracts that contribute to the security and stability of the City's energy source portfolio. By making renewable energy source choices, DME is positively affecting statewide air quality, consistent with the goals and objectives of the Denton Renewable Resource Plan (2018) and Denton's Sustainability Plan: Simply Sustainable (2020). DME encourages energy efficiency Improvements, electrical vehicles and distributed generation via roof -top solar generation. Through the GreenSense program, customers can receive meaningful rebates by installing roof -top solar generation, purchasing electric vehicles, installing additional insulation in their homes in their home or business. 9-4 Infrastructure & Utilities 235 Infrastructure & Utilities 1 9 The policies and actions that follow ensure the provision of energy for the City of Denton's future that saves costs, expands options for renewable resources, reduces fossil fuel consumption, improves the physical environment, and is coordinated with overarching sustainability goals. Policies and Actions Cost -Effective Service: As a municipally -owned electric utility operating in close proximity to the deregulated market, it is important for DME to demonstrate its value to customers. One of the most important ways to accomplish this is through competitive rates. To maintain competitive rates, DME will continue to focus on procuring energy and conducting operations in such a way as to keep rates competitively priced and stable. Siting and construction of substations and related transmission infrastructure requires coordination within DME, with other city departments, with the community, and with property owners. DME's process for constructing new transmission infrastructure ensures that all stakeholders have input on the decision-making process. Management of DME capital investments, including infrastructure expansion and upgrade projects, should promote efficient resource use and positively facilitate long-term development, as identified within the Comprehensive Plan. 9.1 Seek economically favorable sources of power and continue to develop programs to increase operational efficiency to offer stable and competitively -priced electric rates and exceptional customer service compared to the deregulated market. 9.1.1 Provide efficient and effective customer services by maintaining rapid response times to customer outages, enhancing communication systems, enhancing automated meter reading capabilities, and improving system automation and analysis capabilities. 9.1.2 Seek cost-effective sources of renewable and reliable power. 9.1.3 Identify, evaluate, incentivize, and invest in new technologies that support the city's sustainability goals when economically feasible. Cost -Effective Renewable Energy: DME successfully sources approximately 100 percent of its energy from wind and solar generation annually, which is provided to users at no additional charge. Seeking renewable energy options that are priced competitively is one way to maintain DME's competitive rates while incentivizing the expansion of carbon free renewable energy sources that provide long-term value to city residents and the environment. 9.2 Seek cost-effective opportunities for expanding DME's renewable portfolio. Denton Plan 2040 9 236 p1 RP,. Llo�o 9.2.1 Support expanding renewable energy source options through public-private partnerships. Lighting Standards: Lighting upgrades should be one of the first items addressed when planning for future development, as it can affect heating and cooling energy loads and the specifications for other building systems. Lighting also affects light pollution and reflectance into the night sky, which affects migratory bird patterns and other ecosystem functions. Properly designed and adjusted light fixtures, aimed directly down at the ground decrease light pollution that detract from dark night skies. While controlling the lighting design of privately -owned development is best controlled by area - specific design guidelines, the city will adopt municipal lighting standards to set a standard for sustainable and adequate lighting levels in residential neighborhoods and along thoroughfares throughout the city. The City of Denton has recently leveraged grant funds received as part of the federally funded Energy Efficiency and Conservation Block Grant (EECBG) program to fund a municipal lighting retrofit at 19 -City -owned facilities and to purchase new energy audit equipment. Continuing to upgrade lighting fixtures that are energy efficient, non-toxic, and oriented downward when installed in the case of outdoor fixtures, can result in economic savings over the long-term and decrease or even eliminate a toxic waste stream as well as widespread light pollution. 9.3 Continue to advance the use of municipal lighting fixtures that direct illumination efficiently, reduce nuisance lighting problems, and enhance views of the nighttime sky. 9.3.1 Establish a purchase policy for municipal lighting fixtures that are energy efficient and where feasible prioritize non-toxic, non -hazardous lighting equipment materials, avoid glare, spill light and energy waste. 9.3.2 Support the development of an ordinance that applies the Illuminating Engineering Society of North America (IES) recommendations for residential, commercial, and industrial properties. 9.3.3 Include guidelines for lighting standards as part of the Urban Design Plan and Small Area Plans to encourage sustainable lighting strategies in private development. Communications Infrastructure: Several options for communication services are available in Denton and these companies provide communication services including telephone, television, cellular phone networks, and high speed internet. Service providers should anticipate and serve new growth and continuously add new facilities and infrastructure to conform to regulations as needed to meet customer demand. 9.4 Coordinate with service providers to ensure availability of communications infrastructure throughout the city. 9-6 Infrastructure & Utilities 237 Infrastructure & Utilities 1 9 9.4.1 Ensure that communications infrastructure, including fiber optic cables, are installed proactively to keep up with demand as Denton grows. 9.4.2 Install telecommunications infrastructure consistent with City ordinances and the Denton Development Code. 9.4.3 Work in tandem with other service providers to install underground telecommunications lines when practical and maintain utility infrastructure when necessary. 9.4.4 Work with local businesses via the Chambers of Commerce and telecommunication companies to sponsor free public wireless internet (Wi-Fi) and increase availability throughout the city. 9.4.5 Establish maintenance regulations in the Denton Development Code that ensures long-term viability of communications infrastructure. Undergrounding Utilities: Underground electric utility service both enhances the aesthetic quality of neighborhoods and decreases exposure of utilities to high wind and potential storm damage from nearby trees and above -ground structures. Reduced exposure to ice, wind, and other hazards decreases the amount of time service is interrupted and costly maintenance expenses incurred. As the City faces continued population growth, investment in sustainable infrastructure options such as underground electric distribution facilities should be considered for new as well as in infill development. DME has one of the highest portions of underground electric distribution facilities in the state. DME budgets money each year to convert overhead distribution lines to underground facilities. 9.5 Install underground electric distribution facilities wherever practical. 9.5.1 Enforce engineering code requirements that facilitate the installation of underground distribution facilities for all new commercial and residential developments. 9.5.2 Pursue the installation of underground distribution facilities along and adjacent to major gateways and major roadways. 9.5.3 Fund the conversion of existing overhead electric facilities to underground on a fiscally responsible basis through electric service initiatives. 9.5.4 Develop ordinance criteria that encourage service providers (i.e., cable, telephone, electricity, data communications, etc.) in the city to convert existing overhead facilities to underground by adopting and promoting the same service criteria utilized by DME. Denton Plan 2040 9-7 238 p1 RP,. Llo�o 9.5.5 New primary and transmission electric lines to major load centers may be installed overhead except in specially designated areas. (DP p.168) 9.5.6 Encourage service providers (i.e., cable, telephone, electricity, data communications, etc.) to comply with the Tree Preservation Code regarding vegetation removal, tree trimming, and planting requirements. Water Denton is located in the Region C Regional Water Planning Area, as designated by the Texas Water Development Board. The Dallas -Fort Worth Metroplex is centrally located in the region, and its surrounding counties, including Denton County, are among the fastest growing in the State of Texas. The City's priority is to ensure that its customers have a sufficient source of raw water for human consumption and daily use. Through existing and future surface water rights, contracts with other entities, and coordinated per capita consumption reduction through 2040, the City plans to provide sufficient water to meet Denton's population projections. Denton treats raw water to state and federal drinking water standards and maintains an infrastructure network to distribute the treated water across the City. Cost-effective prevention of raw water contamination is addressed proactively by the city through targeted pollution prevention program implementation including a comprehensive Watershed Management Program. The Elm Fork Branch of the Trinity River is the origin of the water sources for the City of Denton and Denton County, and several major creeks that flow into the Elm Fork pass through the western part of Denton. Clear Creek flows through the northern portion, while Cooper Creek, Hickory Creek, and Pecan Creek flow to the southeast through the central area of the city into Lake Lewisville. These creeks also define the city's watersheds. Denton is served by two lakes: Lake Lewisville and Lake Ray Roberts, both of which were constructed as part of the Trinity Regional Project of the U.S. Army Corps of Engineers. Lake Lewisville, located to the south and east of the City of Denton, is one of the City's primary source of drinking water. The pumping, treatment and distribution processes associated with the drinking water system require infrastructure maintenance and optimized operational management. As discussed in other Elements of the Comprehensive Plan, long-term capital investment priorities strategically funded by a mixture of government bonds, loans, and grants may be leveraged for future water infrastructure projects. 9-8 Infrastructure & Utilities 239 Infrastructure & Utilities 1 9 Policies and Actions Water Supply: Currently, Denton uses surface water from Lake Lewisville and Lake Ray Roberts to supply water demands. The City currently holds water rights for approximately 24 million gallons per day from these lakes — approximately 4 million gallons per day from Lake Lewisville and approximately 20 million gallons per day from Lake Ray Roberts. The City also has the right to approximately 5 million gallons per day from reuse. If additional water is needed, the City purchases water from the City of Dallas under an existing water supply contract. As water demand increases because of population growth and development, proactive regional water planning is necessary to ensure the availability of water for the city's residents, commercial, and industrial customers. By participating in regional planning groups such as the Water Resources Council of the North Central Texas Council of Governments the City can position itself to influence water supply management strategies that will support the expected population growth in Denton. In addition to increasing water demands due to population growth and development, the variability of precipitation in the region has led to, and may potentially continue to cause, drought conditions extending one or more years. The City established a target to reduce per capita water consumption by five percent annually until greater reductions are needed, per the Water Conservation and Drought Contingency Plan (2019) to increase community resiliency to drought. To assess progress and manage the utility, the city monitors water consumption by metering water usage for all customers and all raw water diversions from Lake Lewisville and Lake Ray Roberts. Continued engagement of the community in water conservation education, compliance with the city's Water Conservation and Drought Contingency Plan, and coordination of messaging and drought restriction implementation with water suppliers in the region will contribute to the goal of meeting basic water supply demands while reducing water consumption. 9.6 Develop long-term water supply contracts and reduce per capita water use to ensure adequate water supply. 9.6.1 Review, renew, and maintain the city's untreated water supply contract with the City of Dallas. 9.6.2 Participate in regional water planning and secure water supply contracts with local water suppliers such as North Texas Municipal Water District, Tarrant Regional Water District, Upper Trinity Regional Water District and/or Dallas Water Utilities Denton Plan 2040 9-9 240 p1 RP,. Llo�o 9.6.3 Continue to implement the Denton Water Conservation and Drought Contingency Plan to help reduce per capita water use. 9.6.4 Participate in regional coordination of water conservation efforts in North Central Texas such as the Water Efficiency Network of North Texas (WENNT) to promote collaborative water conservation efforts and synchronized regional messaging. 9.6.5 Encourage community members to employ best management practices for water reduction such as use of rain barrels and re -using rainwater on premises. Water Infrastructure: With population growth and the further expansion of the city requires the expansion of water infrastructure. The extension of water distribution lines and supporting infrastructure requires substantial capital investment. Encouraging infill development by prioritizing infrastructure investments to support this growth will reduce demands on municipal funds in the long run. Currently, residential and commercial developers must pay for infrastructure expansion to new service areas, to which the City must then provide service. State and federal funding mechanisms, such as the Texas Water Development Board's State Revolving Fund for Drinking Water projects, may be leveraged for future capital investment projects, including efficiency and equipment upgrades. 9.7 Develop and operate water infrastructure in cooperation with other entities so that it is safe, reliable, cost effective, limits negative environmental impacts, and sufficient to meet future demands. 9.7.1 Promote infrastructure capacity improvements to support infill development, rather than new line extensions that expand the geographic coverage of the city's infrastructure systems. 9.7.2 Work proactively to identify gaps in existing infrastructure to support connectivity of existing networks and reduce leapfrog development. 9.7.3 Continue to require residential and commercial developers to pay to extend water distribution infrastructure to service development areas. 9.7.4 Anticipate future growth needs by oversizing water distribution lines to meet future development particularly in urban areas subject to fund availability and approval by City Council. 9.7.5 Upgrade infrastructure to provide for the transmission of treated water from the plant and storage facilities through the existing system into newly developed areas. 9.7.6 Balance new elevated storage tanks to the existing elevated storage tanks and allow for adequate refill rates. 9-10 Infrastructure & Utilities 241 Infrastructure & Utilities 1 9 9.7.7 Build additional elevated storage over the next twenty years to accommodate future water needs. 9.7.8 Establish maintenance regulations that ensures long-term viability of water infrastructure. 9.7.9 Ensure that water is treated and distributed so that water quality meets or exceeds all applicable State and Federal requirements. Wastewater As Denton transitions from a predominantly low density, suburban community to include more areas of high density urban development, the demand for safe and cost-effective wastewater services across the city will increase. Protecting the environment, and specifically surface water within the Lake Lewisville watershed, is a priority for continued community health. Wastewater services address collection lines, lift stations, treatment and resource recovery. As part of the city's comprehensive water management strategy, wastewater services are critical to maintaining high quality surface water supplies through treatment plant effluent discharges and inspection, monitoring, and enforcement on-site sewage treatment systems for residential and commercial properties. Wastewater services include extensive infrastructure networks requiring long-term capital investments for equipment upgrades and operational optimization to maintain system integrity to comply with state and federal regulations. A strategic approach to addressing wastewater capital improvements in coordination with related environmental and water management, both locally and regionally, maximizes city financial resources. Expansion of existing infrastructure, including collection lines and lift stations to service development areas requires partnership and coordination opportunities with developers. In addition to expansion in future growth areas, resizing interceptor lines to accommodate infill development will support the community's goals for growth and ensure cost effective and sustainable wastewater infrastructure. In addition to serving new development, a wastewater strategy must also incorporate sustainable practices in providing wastewater service options that recognize the vulnerability of the city's watersheds and water capacity. Reuse of treated wastewater effluent can provide a valuable non - potable water supplement to large volume customers such parks, golf courses, and cemeteries. Wastewater system resource recovery will expand as technology options become available. Preserving raw water supplies and protecting the environment from untreated wastewater will drive continual improvement to resource recovery options. Denton Plan 2040 9-11 242 alp.9 �tll��F llofio Policies and Actions Wastewater Service: Currently the City of Denton is divided into several Wastewater Service Basins. Funding to operate and maintain the supporting infrastructure of each service area is provided through an impact fee ordinance which funds the Wastewater Fund. The City's wastewater collection system consists of approximately 550 miles of wastewater lines with approximately 9,500 manholes and 30 City -owned lift stations. The Pecan Creek Water Reclamation Plant, which treats about 15 million gallons a day with a peak capacity of 46 million gallons a day, is starting the design on capacity upgrade projects that will provide for future growth of the City. Completed upgrades to the plant will provide additional capacity totaling approximately 30 million gallons per day. The City is developing a Wastewater Master Plan to design future capacity within the City, which is also permitted for a small Water Reclamation Plant at Clear Creek and is purchasing land in preparation for a future Water Reclamation Plant at Hickory Creek. Per the Denton Development Code (DDC), all developments within the jurisdiction of the City shall connect to the City's sanitary sewage facilities. Residential or commercial properties may implement an on-site sewage system that treats and disposes of no more than 5,000 -gallons of sewage per day with pre -approval from the Water Utilities Director. The City enforces a permit program to manage on-site sewage systems as part of a comprehensive, watershed management approach strategy. All communities in areas around Lake Lewisville and Lake Ray Roberts are required to establish effective collection and treatment systems to prevent potential contamination. Active permitting, monitoring, and enforcement are ongoing. Extension of wastewater collection lines and supporting infrastructure require substantial capital investment Residential and commercial developers pay impact fees and are required to extend wastewater infrastructure to new development areas, to which the city must then provide service. State and federal funding mechanisms, such as the Texas Water Development Board's State Revolving Fund for Clean Water projects, may also be leveraged for future capital investment projects. 9.8 Develop and operate wastewater infrastructure in cooperation with other entities so that it is safe, reliable, cost effective, limits negative environmental impacts, and is sufficient to meet future demands. 9-12 Infrastructure & Utilities 243 Infrastructure & Utilities 1 9 9.8.1 Provide wholesale wastewater services to entities outside the Denton area in the Hickory Creek watershed to strategically protect the city's drinking water intake from wastewater pollutants. 9.8.2 Continue to work with communities around Lakes Lewisville and Ray Roberts to establish effective collection and treatment systems to alleviate potential water quality problems through active permitting, monitoring, and enforcement. 9.8.3 Locate wastewater facilities in areas that meet engineering criteria and are compatible with adjacent properties to the greatest extent possible. 9.8.4 Continue to require residential and commercial developers pay to extend wastewater collection infrastructure to service development areas. 9.8.5 Participate in the cost of oversizing wastewater lines to meet future development, subject to fund availability and approval by City Council. 9.8.6 Promote inflow/infiltration infrastructure improvements over new line extensions that expand the geographic coverage of the city's infrastructure systems. 9.8.7 Maintain system integrity by prohibiting any connection to the city sewer system that is overloaded. 9.8.8 Enhance existing pretreatment programs to improve influent quality. 9.8.9 Establish maintenance regulations that ensures long-term viability of wastewater infrastructure. 9.8.10 Ensure that wastewater collection, treatment, and associated wastewater support activities meet all applicable local, State, and Federal requirements. Resource Recovery: Several resource recovery strategies are in place in the City of Denton. The Pecan Creek Water Reclamation Plant discharges effluent which is of high enough quality to be safely used for a number of beneficial reuse purposes. For example, an effluent reuse system is in place providing irrigation water for several large customers and is required for the supply of cooling tower water for the Spencer Power Plant. Several entities within Denton have adopted these practices, including the Denton Regional Medical Center, Oakmont Country Club Golf Course, and the Denton State Supported Living Center. Continuing to expand effluent use to industrial and commercial community members as well as to parks and golf courses for irrigation purposes will significantly reduce the use of potable water for non -potable purposes. By using wastewater effluent for non - drinking water applications, costs for treating raw water to higher drinking water standards can be avoided. The creation of strategic partnerships with select industrial and/or commercial large use community members will reduce the demand for raw water supply and treatment while also Denton Plan 2040 9-13 244 alp.9 �tll��F llofio decreasing the cost of irrigation water to these large volume customers. Partnership opportunities between the City and large volume customers can further leverage water conservation strategies in place at the city and facilitate improved community relationships and coordination. The Beneficial Reuse Department takes anaerobically digested biosolids from the Pecan Creek Water Reclamation Plant and combines them with composting and yard trimmings to create compost. This program diverts waste that would otherwise be sent to the landfill and creates soil conditioning products that are marketed to residential and commercial customers as DynoDirt. 9.9 Expand resource recovery options within the wastewater system. 9.9.1 Implement a targeted educational program on the benefits of wastewater effluent reuse to high-volume users for non -potable uses. 9.9.2 Engage in long-term partnerships that implement wastewater effluent reuse for non -potable uses. 9.9.3 Expand the capabilities of providing effluent to the industrial and commercial sectors as well as parks and golf courses for irrigation purposes. 9.9.4 Evaluate additional biosolid recovery options and expand DynoDirt product production, as practical. Stormwater The ever-increasing amount of impervious cover in Denton and the Lake Lewisville sub -basin as a result of new development has elevated threats to the quality of Denton's drinking water supply. Stormwater runoff is generated when rainfall flows over land or impervious surfaces and does not infiltrate the ground. As the runoff flows over land or impervious surfaces, debris, chemicals, sediment, or other pollutants are accumulated and discharged to the receiving waterbody. Regulated under the Clean Water Act, the City of Denton maintains National Pollutant Discharge Elimination System (NPDES) permit coverage as a municipal separate storm sewer system (MS4) to address stormwater quality. Protecting water resources and maintaining regulatory compliance are priorities for the city. The Watershed Protection Program, created to address stormwater quality at the watershed level, is an established mechanism for reducing pollutants in Denton's surface waters. The identification and protection of areas with significant ecological value, termed Environmentally -Sensitive Areas (ESAs), serve as important plant and animal habitat areas and also filter pollutants that would otherwise enter surface waters of lakes and streams. The system -level approach to stormwater management optimizes program management resources and decreases downstream water treatment requirements due to improved surface water quality. The drainage infrastructure in Denton contains both gray (pipes and channelized) and green (natural) infrastructure elements. Increasingly Denton, as well as other cities throughout the world, are implementing low impact development (LID) stormwater management methods that 9-14 Infrastructure & Utilities 245 Infrastructure & Utilities 1 9 incorporate onsite retention, such as rain gardens and cisterns, to decrease amounts of runoff, thereby reducing capital costs to install and maintain traditional infrastructure required to convey stormwater away from property. Cost-effective stormwater infrastructure is available through the incorporation of best management practices (BMP's) that both maximize natural infiltration to slow stormwater as well as replenish groundwater. Floodplains also are an essential element in green infrastructure, as they provide naturally -occurring water storage areas to contain water during high volume rainfall events. The preservation of floodplains and maximizing floodplain storage availability will decrease hazards to life and property as well as the need for reoccurring infrastructure repair. Regional resources such as the North Central Texas Council of Government's (NCTCOG's) iSWM Criteria Manual for Site Development and Construction are available to guide developers and inform development code revisions. The City adopted the iSWM Criteria Manual to address stormwater infrastructure development on a regional/watershed level and implement cost effective stormwater management in targeted areas within the city and to the city as a whole. Policies and Actions Water Quality: There are four main watersheds, Cooper Creek, Hickory Creek, Pecan Creek, and Clear Creek that convey water through the city. These watersheds combine to form a sub -basin for Lake Lewisville, the city's main drinking water source. Per the Clean Water Act and U.S. EPA's enforcement of the NPDES Stormwater Phase II rule, the City actively monitors surface water quality from each of its 82 sub -watersheds and implements measures to reduce the quantity of pollutants that stormwater picks up and carries into storm sewer systems during storm events. When deposited into nearby waterways, these pollutants can impair the waterway. This can result in contaminated drinking water supplies, wildlife habitat degradation, and discouraged recreational use of the impaired waterway. An integrated approach to stormwater management to protect the water quality of receiving water bodies, per the activities described above, is in place. The approach includes implementation of the city's Municipal Separate Sewer Storm System (MS4) Stormwater Management Program as part of the more encompassing Watershed Protection Program. Continuation of the Watershed Protection Program to reduce the discharge of pollutants to the maximum extent practicable, protect water quality, and satisfy the appropriate water quality requirements of the Clean Water Act will maintain regulatory compliance and protect water quality within each watershed as it discharges into Lake Lewisville. Denton Plan 2040 9-15 246 alp. ooho rL 9.10 Protect the quality of surface water from the negative impacts of erosion, flooding, and pollution. 9.10.1 Minimize erosion occurring during the physical construction of infrastructure and private improvements of developments using adopted best management practices and necessary enforcement, where appropriate. 9.10.2 Provide and oversee a safe, effective drainage system that enhances both the natural and urban environment within the city limits by: ■ Promoting open space and buffer zones to enhance water quality, as addressed in the city's Watershed Protection Program. ■ Adopting a more aggressive Capital Improvements Program (CIP) for stormwater facility upgrades and the necessary funding mechanisms to support the additional expenditures. ■ Developing an education program for residents to reduce the impacts of erosion, flooding and pollution. ■ Implementing best practices to eliminate surface water impacts. ■ Updating impervious surface city inventories to inform utility drainage fee revisions. 9.10.3 Ensure that stormwater management meets all applicable local, State, and Federal requirements for both water quantity and water quality. Green Infrastructure: Green infrastructure is an important element of the Comprehensive Plan. It provides a basis for the compact growth framework envisioned for the future of Denton, which is woven together by a system of parks and open spaces and infrastructure that respects and is tied to the natural systems that characterize the city and region. In terms of stormwater infrastructure, green infrastructure refers to the use of natural and permeable vegetation and soil to manage rainwater where it falls rather than more costly and environmentally harmful "engineered" systems of concrete pipes and culverts. It also can potentially reduce or eliminate street flooding, as green infrastructure can capture the first 1 to 1.5 inches of rain, rather than channeling it into engineered stormwater systems. Employing green infrastructure practices can also help to reduce greenhouse gas emissions as compared to traditional gray infrastructure based on the materials used and the lack of energy required to pump stormwater. Regional coordination on stormwater best management practices (BMP's) for the North Central Texas weather conditions and soil types is led by the NCTCOG. The city should continue to engage the NCTCOG to inform the development of future regional guidance and concurrently implement the iSWM Criteria Manual for Site Development and Construction. 9-16 Infrastructure & Utilities 247 Infrastructure & Utilities 1 9 A watershed level approach to upgrading the existing substandard drainage systems will incorporate the minimum control measures enforced through the city-wide Watershed Protection Program and account for stormwater best management practices (BMP's). 9.11 Upgrade substandard drainage systems in a way that incorporates green infrastructure BMPs and watershed system -level site design. 9.11.1 Provide low impact drainage facilities by reserving a sufficient amount of land for landscaping, green space, or other permeable areas based on fully developed watershed conditions in developments. 9.11.2 Continue to implement the North Central Texas Council of Government's (NCTCOG's) iSWM Criteria Manual for Site Development and Construction and continue to participate with regional groups to identify and implement best practices. 9.11.3 Coordinate drainage infrastructure development with operational best practices and the city's Watershed Protection Program. 9.11.4 Educate the public on the value of low impact drainage systems. 9.11.5 Establish maintenance regulations that ensures long-term viability of green infrastructure systems. 9.11.6 Ensure that all infrastructure improvements in the Capital Improvement Plan (CIP) are evaluated to consider if they are furthering green infrastructure goals. Low -Impact Development: Criteria for low -impact development continues to evolve in the form of regional, state, and national best management practices (BMP's). The application of the BMP's as embraced in the city's Watershed Protection Program, will provide guidance for developers and city engineers. Strategic water quality and quantity management practices should coordinate with regulatory MS4 permitting requirements. Proactive incorporation of low -impact criteria in development standards can contribute to decreased costs to convey the overflow, with greater on-site infiltration that recharges the groundwater aquifer and naturally improves water quality through the natural soil filtration process. Plant selection as part of a holistic landscape design and management are key components to a comprehensive water management strategy for a site. Strategic selection of drought -tolerant plant materials and water -efficient irrigation practices decrease water demand for landscape maintenance. BMPs such as xeriscaping, use of weather -based irrigation controllers, drip irrigation and the cycle -soak method approved for North Central Texas predominant clay soil by Texas A&M AgriLife Extension Office are common examples for the region. These landscape practices are part of an inclusive low -impact development approach for the City. Denton Plan 2040 9-17 248 AURA uo4-o 9.12 Apply low impact development criteria, including green infrastructure practices approved as part of the city's Watershed Protection Program, to new development and redevelopment projects. 9.12.1 Adhere to the NCTCOG's iSWM Criteria Manual for Site Development and Construction and continue to participate in regional coordination to develop best on-site water management practices. Ensure that measures are regularly enforced and not waived. 9.12.2 Update the Drainage Design Criteria Manual and Denton Development Code Subchapters 18 and 19 to address low impact development, including green infrastructure BMPs. 9.12.3 Update the landscaping standards of the Denton Development Code to promote use of drought -tolerant plant materials and water -efficient irrigation practices in all new development. 9.12.4 Promote low -impact development implementation to improve stormwater quantity and quality system -wide. 9.12.5 Revise policies that allow use of man-made water features for decorative purposes only. Require polices that expand basin functionality such as for stormwater detention, irrigation water storage, wildlife habitat or other related purposes. 9.12.6 Encourage parking areas to include low -impact development features such as pervious pavers, or to be accommodated on un -paved land, especially in the case of overflow parking. Flood Protection: Due to its location at the confluence of several creeks, Denton has some areas that are susceptible to flooding. Periodically, areas within the 100 -year floodplain are flooded which results in threats to life and property, health and safety hazards, as well as disruption of commerce and governmental services and extraordinary public expenditures for rescue and recovery efforts. The cycle of build and rebuild in flood -prone areas is economically unsustainable and environmentally degrading to a city. Flood losses are created by the cumulative effect of obstructions in floodplains that reduce water storage capacity. This results in floodplain constrictions which exacerbates flood heights and water flow velocities extending the potential for flood damage beyond the 100 -year floodplain. To reduce these elevated flood risks, proactive management of the 100 -year floodplain is necessary to increase water storage capacity by removing existing structures and otherwise restore more natural floodplain conditions. 9.13 Protect the 100 -year floodplain to reduce flooding and improve water quality. 9-18 Infrastructure & Utilities 249 Infrastructure & Utilities 1 9 9.13.1 Remove existing structures from or adjacent to the 100 -year floodplain as opportunities come available. 9.13.2 Establish and preserve natural channels with appropriate vegetation and daylighting to improve water quality, restore natural habitat and maximize management opportunities. 9.13.3 Prevent any new structures from being constructed in the 100 -year floodplain. For property located in the floodplain, affected undevelopable property may be dedicated to homeowners' associations or directly to the city as a park or open space area as one lot. 9.13.4 Preserve, protect and, where possible, dedicate floodplains to the city in accordance with the city's Watershed Protection Program and the Parks, Recreation, and Trail System Master Plan to accommodate multiple functions for flood conveyance, transportation (trails), recreation and open space, habitat protection, and environmental preservation. 9.13.5 Upgrade the flood monitoring system to include predictive flooding condition capabilities. Solid Waste & Recycling Policies and Actions Waste Minimization and Resource Recovery: The City continues to look for ways to reduce solid waste generation and divert waste away from landfill disposal through increased recycling and reuse options on a regular basis. (Simply Sustainable, 2020). Long-term sustainable materials management shifts people's perceptions of waste to being a valuable resource. It requires participation by an entire community and education is the key to program success. Innovative outreach and education methods are needed to both inform residents about program rules, and gain the support needed to invest in long-term waste management strategies. Supporting community engagement as part of a comprehensive sustainable material management approach will further enhance the City's efforts to prolong the life of the landfill and provide long-term economic benefits. Solid Waste & Recycling (SW&R) Denton Plan 2040 9-19 250 AURA uo4-o informs residents and customers directly, and through organizations and institutions such as Denton ISD, UNT, and TWU; the Chamber of Commerce; and the non-profit community. Solid Waste Management Metrics, Goals, Objectives, and activities can be found in the City of Denton's Comprehensive Solid Waste Management Strategy. 9-20 Infrastructure & Utilities 251 �1i)Pj&74- W1FAM 1 .. 10 I Implementation & Monitoring Implementation & Monitoring Overview The Vision embodied in the Comprehensive Plan will be realized by actions taken consistently by all city departments to apply its policies and strategies, in coordination with development interests, neighborhood associations, local institutions and school districts, and the community at large. Effective implementation will require continuous and consistent use of The Comprehensive Plan as a key reference for decisions and actions pertaining to growth management, zoning, annexation, development and road and infrastructure investments. It affects all operations and activities of the City of Denton, not merely those of the Planning and Development Department. The Plan is designed to be an evolving, working document that will guide the city in making decisions, establishing priorities, and committing to actions to positively shape the future of Denton. The individual Elements of The Comprehensive Plan call for policies and specific actions to bring about the positive achievements reflected in the Community Vision Statement. This chapter lays out a program for the implementation of the policies and actions consisting of four key components: L Principles to guide future planning and decision-making for consistency with The Comprehensive Plan ■ Procedures for amending, updating, and monitoring progress in implementation of The Comprehensive Plan. ■ Guidelines for small area planning and mixed-use development and for establishing priorities for small area planning. ■ An Action Plan that synthesizes the policies and strategies from the Plan Elements into short- term, mid-term, long-term and ongoing actions, with assigned responsibilities. Denton Plan 2040 9-1 252 alp.9 �tll��F llofio Legal Authority Texas law provides basic guidance to municipalities for developing and applying comprehensive plans. Chapter 213 of the Local Government Code (LGC), grants local municipalities discretionary powers to define the content and organization of a comprehensive plan for the promotion of sound development and the protection of public health, safety and welfare. While the wording of Chapter 213, that a municipality may adopt a comprehensive plan, could be interpreted that adoption of a comprehensive plan is non -compulsory by local governments, Chapter 211 of the LGC recognizes the importance of comprehensive planning and stipulates requirements. Consequently Texas municipalities that adopt zoning must also have a comprehensive plan to base it on. Further, Section 212.010 of the LGC also includes conformance with a municipality's "general plan for extension" as one of the requirements for approval of development plats. Principles Upon adoption, The Comprehensive Plan replaces the Denton Plan 2030 and will become a key policy document, separate and distinct from zoning, but to which future zoning and regulations in the Denton Development Code (DDC) shall be made consistent. The following are more specific principles that the City will be following to assure compliance, as well as to amend, monitor, and update The Comprehensive Plan. Principle 1: Plan Hierarchy — Consistency of All City Plans with Denton Plan 2040 With the adoption of The Comprehensive Plan it will become the overarching policy document, establishing the Community Vision as well and the policies and strategies pertaining to all aspects of the city's development. This plan hierarchy is as follows. Denton Plan 2040 Denton Plan 2040 is the policy reference for all subsequent plans which will be developed in a manner to implement the provisions of The Comprehensive Plan. City-wide Topical Plans These include plans that pertain to a specific subject area or aspect of the city's functionality applicable city wide. Revisions to current plans and the creation of new plans will be made in conformance with The Comprehensive Plan. These include, but are not limited to the following: ■ Mobility Plan ■ Capital Improvement Plan ■ Infrastructure Plan (water, sewer, stormwater) ■ Urban Design Plan 10-2 Implementation & Monitoring 253 Implementation &Monitoring r101 Small Area Plans A small area plan is a plan that is developed for a clearly delineated area that addresses specific issues and challenges with more detailed actions and strategies than is provided in The Comprehensive Plan. A methodology to prioritize the need for small area plans and a template for how to carry out small area planning is provided below. Small area plans include the following. ■ Downtown Master Plan / DTIP ■ Downtown Compatibility Area ■ Neighborhood/ University Compatibility Area ■ Centers and Corridors ■ Neighborhood Plans Site Specific Plans These include plans for site specific public facilities. These may include the following. ■ Denton Enterprise Airport Master Plan ■ Park master plans ■ Utility plant master plans ■ Other governmental facility master plans These plans are illustrated in general in Figure 1.8: Plan Hierarchy. Principle 2: Consistency of zoning and related development regulations and ordinances with The Comprehensive Plan The Land Use and other Plan Elements propose revisions to present zoning and development regulations, such as new standards and incentives for mixed-use development in the Downtown area and in other centers and corridors. After adoption, the city should review the DDC and other regulations for consistency with these and other policies and actions called for in The Comprehensive Plan and with the Future Land Use Map (FLUM). Where inconsistencies are identified, the DDC will be amended. This does not suggest that, upon Plan adoption, the zoning map and its various zoning districts must undergo a wholesale revision. Instead, this principle calls for the City to implement a staged program over time to align its zoning map and development regulations with The Comprehensive Plan policies and actions. Suggested priorities and time -frames for regulatory changes are in Table 10.2: Action Plan. It is important to note that the FLUM does not become or replace present zoning district designations on the zoning map. In fact, LGC Sec. 213.005 contains this specific requirement. A map of a comprehensive plan illustrating future land use shall contain the following clearly visible Denton Plan 2040 10-3 254 alp.9 �tll��F llofio statement: "A comprehensive plan shall not constitute zoning regulations or establish zoning district boundaries." Instead, the Future Land Use Map conceptually depicts relatively broad categories of land use. Each of these land use categories may accommodate more than a single zoning district, and they will also serve as a guide for considering future rezoning. While the Zoning Map, and its associated zoning districts, defines specific uses and development types currently permitted for individual properties, the FLUM depicts more broadly, the likely pattern of land uses that may exist in the future. Therefore, the FLUM does not directly determine the specific development that may be approved for a particular property. Applicants for zoning changes must demonstrate that the proposed use / development is consistent with the land use designation on the FLUM. However, consistency with the FLUM is only one of several considerations, and all other development criteria must be met for a rezoning approval, per the process laid out in the DDC. Because FLUM designations are considerably broader than provided in specific zoning districts, several different zoning districts may conform to the provisions of a single FLUM land use category. Principle 3: Consistency of re -zonings and development approvals with The Comprehensive Plan To provide a greater degree of certainty and direction to the development process, the goals, policies and actions should be used in conjunction with the Comprehensive Plan to evaluate all requests for re -zoning and development approvals. Proposed developments or uses that clearly support implementation of the Plan should be approved. Conversely, re -zonings for developments or uses that are inconsistent with the Plan, should not be granted approval, until and unless the policies of the Plan are amended based on findings of fact that clearly demonstrate the need for modification. Because the policies of the Plan are broader than present zoning and development regulations, most development applications that are consistent with present zoning will also be consistent with the comprehensive plan. In fact, in many cases, particularly those involving re -zoning, the Plan review process will add additional flexibility in the development review and zone change process. This will be true particularly in areas designated for mixed-use, and in centers and corridors, where underlying zoning is more limited than that depicted in the FLUM. However, in cases where a proposed development, larger than a specified magnitude, is in clear conflict with the Comprehensive Plan, such approvals may not be granted unless and until the Plan is amended, in the same manner as it was adopted (see section below on plan amendments). Principle 4: The City Council shall consider consistency with the Comprehensive Plan as a factor in making decisions on proposed programs, projects, and initiatives While a key focus of the Comprehensive Plan is on Land Use, other goals, policies and actions influence every aspect of the City's governance beyond the activities of the Planning and Development Department. Effective implementation of the Plan will depend in part on the extent to which present and future councils take into account consistency with The Comprehensive Plan in 10-4 Implementation & Monitoring 255 Implementation &Monitoring r 1 10 the decision-making process. The following are recommended components of a procedure to ensure consistency with The Comprehensive Plan: ■ Identify specific task schedules, resources and responsibilities for revising the DDC and related development standards to be consistent with the Comprehensive Plan, in accordance with the timeframes and priorities established in Table 10.2. ■ Establish a framework for staff reporting to the City Council regarding the consistency of relevant projects, programs and initiatives with The Comprehensive Plan. ■ Adopt provisions to modify the Capital Improvement Program (CIP) process to reflect policies, actions, and priorities established in The Comprehensive Plan. ■ Dedicate staff to the implementation of The Comprehensive Plan. This procedure should be established within one year of adoption of the Comprehensive Plan and maintained through its implementation. Principle 5:The City shall prepare a Monitoring and Evaluation Report that will include metrics assigned to appropriate actions to measure progress of implementing the goals of the Plan. Where metrics are not applicable, they are strongly encouraged to be included in existing and recommended plans, regulations, programs, and other efforts outlined in The Comprehensive Plan. The following are components of the Monitoring and Evaluation Report: ■ The Planning and Development Department, supported by the Technical Advisory Committee, will prepare the Monitoring and Evaluation Report. ■ The Monitoring and Evaluation Report shall be reviewed by the Planning and Zoning Commission and City Council on an annual basis. ■ The Monitoring and Evaluation Report shall include the following items: ■ An Executive Summary which will include key accomplishments, impediments encountered, and any recommended changes to the Action Plan. ■ An Action Plan Status which will include a description of the key action, status, description of achievement, completion date, and if applicable - details of metrics. ■ Metrics including timeframes or numeric indicators. Metrics shall be reviewed against by the responsible Department or appropriate groups to make sure that the goals of The Comprehensive Plan are being met. Denton Plan 2040 10-5 256 alp.9 �tll��F llofio Amendments, Monitoring and Updating Plan Amendments Plan amendments are periodic, substantive changes to The Comprehensive Plan and its associated goals, policies and actions, as well as changes to the FLUM which are necessary to accommodate changed or unforeseen circumstances, in a manner consistent with the public interest. The Comprehensive Plan provides for reasonable flexibility in interpretation, but to have relevance over time, it should be kept current but should not be subject to continuous amendment as a result to developments in progress. Therefore, the Planning and Zoning Commission and City Council will accept applications for Plan amendments on a bi-annual basis via staff requests. When a rezoning request is submitted, staff will evaluate its consistency with the overall goals and objectives of the Plan. If consistent with the Plan 2040 overall, staff should recommend approval of rezoning requests, even if they do not match the FLUM. Likewise, if a proposed rezoning request is consistent with the FLUM, but inconsistent with the overall goals and objectives of The Comprehensive Plan, staff should recommend denial of the request. The City's approval of a Plan amendment request should be based on the following criteria: That there have been significant changes of an economic, physical, or social nature, which were not anticipated in The Comprehensive Plan and which have substantially alter the basic character of such area (such as the impact of a new highway or a natural disaster) OR there is demonstrated overriding public benefit of the change. This may include planning for a major public facility or amenity, a major source of employment, or an economic development asset that cannot be accommodated without the amendment, as long as it is demonstrated to be consistent with the overall Community Vision Statement and the four themes of sustainability, community character, mobility, and community health established by The Comprehensive Plan. Plan Monitoring and Updating To avoid The Comprehensive Plan from becoming outdated or irrelevant, the Planning and Zoning Commission, and the Planning and Development Department, on behalf of City Council will monitor plan implementation progress annually, and will conduct a thorough review, revision, and update of the The Comprehensive Plan at least every five years. Annual Monitoring At the anniversary of plan adoption, the Planning and Development Department shall submit a Monitoring and Evaluation Report indicating actions taken and progress made toward plan implementation during the previous year. The Monitoring and Evaluation Report shall contain a summary of key accomplishments, impediments encountered, and recommended updates to the Action Plan in terms of priorities, timing, and assigned responsibilities. 10-6 Implementation & Monitoring 257 Implementation &Monitoring r 1 10 ■ Measures of success should be developed as part of an overall plan -monitoring program, to evaluate the effectiveness of implementation efforts and adherence to the plan. These measures may include timeframes for specific completion of actions, or numeric indicators (e.g., number of new miles of bicycle paths; street connectivity ratio; number of acres for usable parkland reserved in new development; etc.) ■ Include provisions for a process to monitor implementation progress and adopt Plan amendments (per the previous section), including consideration of an ongoing role for the Citizens Advisory Committee (CAC) or other vehicle for continuous citizen participation. ■ Maintain dialogue with the Technical Advisory Committee, continue public awareness and encourage citizen participation with a variety of community interest groups and other stakeholders on an ongoing, as -needed basis to help implement and monitor the policies, actions, and priorities in the Denton Plan 2030. Updating / Plan Revision Every five years or less, a process shall be initiated to revise and adopt an updated comprehensive plan. The revision process shall include the following: ■ Creation of a new CAC, or other working group to guide the update process. ■ Preparation of a The Comprehensive Plan Evaluation Report, documenting Plan effectiveness and implementation efforts, identifying constraints upon implementation, and summarizing trends and challenges which have emerged or changed in the period since plan adoption. ■ Revision of goals, policies, and actions to reflect changing circumstances, emerging needs and opportunities, and expressed citizen priorities. ■ Revisions to the FLUM based on the criteria above. Guidelines for Small Area Plans and Mixed-use Development Criteria for Determining Priorities for Small Area Planning An important component of the implementation strategy for The Comprehensive Plan is subsequent small area planning to address issues specific to certain areas of the city, including small area plans for the Neighborhood/ University and Downtown Compatibility Areas, neighborhoods, and for designated centers and corridors. Because of the potential number of small areas plans, with limited resources the city must be selective in setting priorities for the conduct of small area plans. The following factors shall be considered in setting small area planning priorities: ■ A major development opportunity and/or imminent change in land use. ■ An area experiencing land use change, deterioration or abandonment. ■ Expressed community interest. Denton Plan 2040 10 258 alp. po'Ir., ■ Partnership / funding opportunity (university, developer, property owners). ■ Need to plan for the introduction of specific desired uses (mixed -uses, technology/business innovation, senior housing, etc.). Small Area Planning Guidelines While comprehensive plans provide broad goals, policies and strategies applicable at the scale of the community, city and region, they are limited in their ability to address the finer grain planning and development issues at the scale of individual neighborhoods, districts, centers and corridors. Consequently, the Land Use Element, and corresponding policies in the Community Character and Urban Design and Housing and Neighborhood Elements, calls for the development of Small Area Plans to address site-specific development issues in areas presenting unique challenges and opportunities. While the approach to conducting small area planning must flexibly be adjusted to reflect particular local circumstances, the following offers baseline guidance and a procedures for prioritizing the need for, developing and implementing such plans. Purpose of a Small Area Plan ■ To respond to a localized challenge or opportunity (land use obsolescence, neighborhood impacts from adjacent uses, redevelopment opportunities, community character enhancement, etc.). ■ To provide an opportunity for community members and stakeholders to provide input, create a shared vision, and influence city land use and development policy. ■ To apply comprehensive plan principles to the specific circumstances of small areas. ■ To create public support for implementation actions (zoning changes, capital improvements, etc.). Small Area Planning Process The following provides an conceptual template of a process to develop a Small Area Plan as well as a "menu" of topics and contents that may be included. Step One - Plan Initiation and Mobilization ■ Identify plan development parameters (purpose, study area boundaries, stakeholders, timeframe, etc.) ■ Identify key issues to be addressed (land use, redevelopment, traffic, aesthetics, etc.) ■ Prepare Work Plan - Identify resources required (staff time, data, mapping, consultants, etc.) ■ Retain consultants, if required ■ Appoint Technical Committee (key staff from Planning and Development and other city departments). 10-8 Implementation & Monitoring 259 Implementation & Monitoring Establish Stakeholder Steering Committee and/or Focus Group (area residents, businesses, property owners, institutions, neighborhood associations, development interests, etc.) Create Public Involvement Plan (community forums, website, notification protocols, email lists, etc.) ri 0 Step Two - Vision / Existing Conditions Documentation Vision Forum Conduct one or more public forums to solicit stakeholder input concerning current issues and problems and aspirations for future development and enhancement within the small area. Identify areas of consensus to articulate a Vision and Statement of Purpose for the Small Area Plan. Existing Conditions Documentation The contents of the existing conditions documentation may include mapping and analyses of some, or all, of the following, particular to the small area identified. Overall ■ Strengths / Weaknesses / Opportunities / Challenges Development / redevelopment opportunity sites Project Goals and Objectives Land Use and Development ■ Existing land use ■ Land use change Vacant land Building and property condition Adjacent use impacts Community Character ■ Historic / architectural character ■ Landscape character ■ Urban design (scale, neighborhoods edges, landmarks, etc.) Socio -Economic Issues ■ Population / demographics Market demand Property tax base Denton Plan 2040 10-9 260 AURA uo4-o Traffic and Mobility ■ Vehicular, pedestrian and bicycle circulation ■ Hazards Infrastructure ■ Potable water, sewer, stormwater system condition and capacity Public Facilities and Services ■ Parks and recreation ■ Schools ■ Emergency Services ■ Special use facilities (daycare, senior centers, health centers, etc.) Step Three - Plan Development Concept Development Consultants, technical committee, and steering committee / focus groups develop and depict alternative concepts for some or all of the following: ■ Land use ■ Character enhancement ■ Traffic and mobility ■ Infrastructure ■ Public facilities and Services ■ Economic development Concept Review Forum Conduct one or more public forums to solicit stakeholder input concerning alternative concepts and identify areas of consensus. City Council / Planning and Zoning Commission Review Review alternative concepts and forum input with City Council and Planning and Zoning Commission. Plan Preparation Consultants, technical committee, and steering committee / focus groups prepare draft Small Area Plan. 10-10 Implementation & Monitoring 261 Implementation &Monitoring r101 Step Four - Plan Review and Adoption Small Area Plan Review Forum Conduct one or more public forums to solicit stakeholder input concerning draft Small Area Plan City Council / Planning and Zoning Commission Review Review Draft Small Area Plan and forum input with City Council and Planning and Zoning Commission. Final Small Area Plan Prepare Final Small Area Plan based on direction from City Council and Planning and Zoning Commission. Step Five - Plan Implementation Land use components of Small Area Plans will be implemented in one of two ways; zoning overlay districts or new zoning districts. Zoning Overlay Districts Where the future land uses identified in a Small Area Plan are consistent with uses permitted within existing zoning districts, Zoning Overlay Districts are the preferred method of adjusting development standards and use provisions. For example, in formerly single use districts, such as highway commercial and residential areas where these will remain the predominant uses, zoning overlays can be used to introduce a mixed-use pattern. Specifically the overlay districts would specify what complimentary land uses not permitted in the underlying zoning districts would be allowed either as permitted or conditional uses. Likewise, zoning overlays can modify the development standards in the underlying zoning districts, such as relaxing parking requirements in areas converting to mixed-use, or providing bonus densities to promote the introduction of affordable housing and mixed-use. New Zoning Districts In cases where a Small Area Plan calls for a change in a predominant existing land use, for example, the redevelopment of older industrial areas for commercial or mixed-use, entirely new zoning districts should be created to provide for a new set of permitted uses and applicable development standards. Mixed-use Development Guidelines While the concept of mixed-use, that is, complimentary uses such as "corner stores" as well as schools, parks and places of worship woven into the fabric of traditional neighborhoods, is generally well understood, the term "mixed-use" has two very different connotations. The concept of mixed-use as it applies to districts such as Downtown Denton, where there are hundreds of properties under separate ownership, means that a "mix of uses" is permitted on individual sites, such as offices, shops, restaurants, and high density residential that, although developed Denton Plan 2040 10-11 262 MR6 AURA uo4-o separately, together comprise a mixed-use district. Another connotation of mixed-use is a "mixed- use development," meaning a large development under single ownership developed with multiple complementary uses. Mixed-use developments can be one of two configurations: vertical mixed- use consists of multi -story structures in urban centers, typically with ground floor retail use and with either residential apartments or offices on upper floors. Horizontal mixed-use simply means a mixture of complimentary uses on adjoining sites within a well-connected and walkable development pattern. Table 10.1: Mixed-use Development Potential Land Use Mix Ratios Mixed-use District Downtown Downtown Compatibility Area Regional Mixed-use Community Mixed-use Neighborhood Mixed-use Business Innovation Neighborhood/ University Compatibility Area Source: WRT, 2014 3 acres (or city block) 3 acres (or city block) 20 acres 10 acres 5 acres 20 acres 3 acres (or city block) Primary Uses Residential Office Commercial Residential Office Commercial Residential Office Commercial Institutional Commercial Residential Office/ Light Industrial Residential Office Commercial Complimentary Min. Uses Ratio Commercial 20% Commercial 20% Residential / Office 10% Commercial 10% Commercial 10% Office/ Residential Commercial Commercial Office/ Residential Office/Commercial Residential / Office Office/Commercial Commercial / Residential Commercial Commercial Office/ Residential 10% 10% 10% 10% While mixed-use is generally to be encouraged due to inherent land use efficiencies, reduced parking demands and greater walkability, the actual "mix" which is achievable depends upon multiple factors related to site context and market demand. Some communities have attempted to mandate mixed-use, for example, requiring that retail cover the entire ground floor of multi -story building. Although well intentioned, vacant storefronts are often the result, where residential and offices uses above do not support the amount of required retail development. While the existing DDC makes provisions for mixed-use there remain certain impediments to achieving mixed-use development, including the lack of definition of specific mixed -uses 10-12 Implementation & Monitoring 263 Implementation &Monitoring r 1 10 appropriate for various areas of the city, as well as development standards such as parking requirements, which are not well adapted to accommodate mixed-use development. In the spirit of this call for flexibility in providing for mixed-use development, the following parameters are offered as general guidelines for large scale mixed-use development to prevent large single use developments from interrupting the use synergies intended for the seven mixed-use districts identified in the Land Use Element. Implementation of the mixed-use land use designations can be in the form of new mixed-use zoning districts, or overlay districts to modify development standards applicable to existing zoning districts. For each mixed-use designation, shown in Table 10.1, one or more permitted primary uses are identified along with permitted complimentary uses and the minimum ratio of such uses to primary uses based on development square footage. For example, a primarily -residential development of 3 acres or 3 city blocks in Downtown would ideally include a minimum of 20 percent of developable square footage as commercial uses. Action Plan The Denton 2040 Action Plan, contained in Table 10.2, synthesizes the recommended actions to implement The Comprehensive Plan according to timeframe and relative priority. Six general types of actions and potential implementation tools are included, defined as follows: ■ Planning: Actions that involve additional planning or study to address specific issues. An example of this are the Small Area Plans, as recommended for compatibility areas and for centers and corridors, as well as studies such as the recommended Gas Welland Pipeline Impact and Compatibility Study and Urban Design Plan. ■ Regulation: Actions that involve development of new regulations and revisions to the Denton Development Code to include tools such as overlay districts, new zoning districts, density bonus provisions, etc. ■ Program: Actions involving a series of steps to be carried out to accomplish an objective. ■ Capital: Actions that involve investments through the city's Capital Improvement Program, as well as potential funding mechanisms, including Tax Investment Reinvestment Zones (TIRZs) and Public Improvement Districts (PIDs) ■ Outreach: Actions involving outreach to the public and residents. ■ Partnerships: These include actions that involve coordination or collaboration with one or more entities to implement the action, such as coordination with UNT and TWU in conducting small area planning for the Neighborhood/University Compatibility Areas. The actions are organized according to each Element of Comprehensive Plan. Reference to relevant actions from other Elements are provided for each action. The actions are assigned to one of four timeframes, established to prioritize and organize the actions of Denton Plan 2030 into manageable and realistic groupings for implementation. Denton Plan 2040 10-13 264 p1 RP,. Llo�o Short-term: These are actions that should be addressed within three (3) years of Plan adoption. ■ Mid-term: These are actions that should be addressed within a range of 3-5 years from Plan adoption. Long-term: This includes actions designated to be carried out beyond five (5) or more years from adoption. ■ Ongoing: These actions are currently being addressed, or should be addressed on a continuing basis. The Action Plan is not intended to be definitive prescription, or a rigid formula. It is suggested as a framework to guide decision-making and the allocation of resources; a "task list" to ensure steady progress in implementing Denton Plan 2030. The Action Plan does not preclude certain actions from being implemented earlier or later than indicated, subject to the availability of resources. However, the degree of success in implementing the Plan will reflect Denton's ability to consistently act in accordance with the Action Plan. 10-14 Implementation & Monitoring 265 Using parcel level data, track land 2.1.1 Planning Short Planning & use changes associated with Development 1 development and redevelopment and revise Existing Land Use Map no less than annually. 10-14 Implementation & Monitoring 265 Implementation & Monitoring Revise zoning districts to be 2.2.1; 2.2.2; consistent with the future land uses. 2.2.3; 2.17.3; Use the FLUM as the guide to all 3.1.1; 3.2.1; future development, as an extension 3.11.1; of the Preferred Growth Concept. 3.12.1; 4.2.6; Identify procedures to streamline and reduce time in the approval Commission, process for developments districts. Encourage and Incentivize demonstrated to be consistent with the FLUM and the policies herein. 6.1.3; 9.10.2; Reference the Denton Plan 2040 pattern,option green infrastructure Fiscal Impact Analysis (FIA) to 8.3.1 demonstrate the fiscal impacts of development as prescribed by the Commission Preferred Growth Concept. modal transportation and ri 0 Regulation Short Planning & Planning and Zoning Development Commission Update the Capital Improvement Create small area plans to 2.3.1; 3.11.1; Regulation Short Planning & Planning and Zoning 3.9.4; 3.9.3; implement the mixed use zoning 3.12.1; 4.2.6; 3.9.5; 3.9.6; Development Commission, 3 districts. Encourage and Incentivize 6.3.1; 7.8.6; preferred development 6.1.3; 9.10.2; Historic Landmark pattern,option green infrastructure small area plans that promote multi- 8.3.1 priorities, and context sensitive Commission modal transportation and Engage the Bond Committee in the annual CIP update process. walkability... Update the DDC to allow publicly 2.4.4; 2.11.1 Regulation Short Planning & Parks Board owned and managed trails within Development; 4 riparian buffers and water related Engineering; areas. Parks and recreation Update the Capital Improvement 2.4.1; 2.4.2; Capital/ Plan (CIP) to prioritize the 2.4.4 2.8.3; Program implementation of the Denton Plan 3.9.4; 3.9.3; 20302040, the Mobility Plan, and the 3.9.5; 3.9.6; Parks, Recreation, and Trail System 3.9.7; 3.9.9; Master Plan, consistent with the 4.2.8; 5.1.4; preferred development 6.1.3; 9.10.2; pattern,option green infrastructure 9.11.7 priorities, and context sensitive street design (complete streets). Engage the Bond Committee in the annual CIP update process. Short, Engineering, Mobility Committee, On-going Planning & Parks Board Development, Parks & Recreation, and Environmental Services Denton Plan 2040 10-15 266 iUAA uo4-o 10-16 Implementation & Monitoring 267 Action (Plann Responsible Referenced Program;Regular.. , Actions and Capital; Outreach; .. .., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Continue monthly communication 2.5.1; 2.15.1; Partnership Ongoing All Departments DISD, and coordinated planning with the 2.15.2; 5.6.7 Denton County, following entities, including DCTA, coordinated standards for roads, Utility providers, infrastructure, ecosystem protection, Municipalities, and gauging regional impacts, and NCTCOG historic preservation standards: Denton Independent School District 6 (DISD) concerning school siting and impact review Denton County Denton County Transportation Authority (DCTA) Utility providers Surrounding municipalities North Central Texas Council of Governments (NCTCOG) Revise and update the Downtown 2.6.1;7.1.1; Planning Short Planning & Denton Main Street Implementation Plan (DTIP) to target 7.1.3 Development Association and residential development, including and Economic Economic 7 affordable housing through adaptive Development Development re -use, use of upper stories, and infill Partnership Board, development.. Downtown Task Force Create a Downtown Small Area Plan 2.6.6; 4.3.3; Planning Short Planning & Downtown that will identify the character and 7.1.2; 4.12.2 Development Mainstreet regulations of the Downtown Denton and Economic Association, 8 Future Land Use designation, to development Economic include development standards, Development historic resource preservation, etc. Partnership Board, Downtown Task Force Coordinate and update the DTIP and 2.6.3 Planning Short Planning & Downtown Downtown and University Area Small Development Mainstreet Area Plans to address common and Economic Association, issues such as preservation of development Economic 9 historic structure and features that Development are shared throughout the urban Partnership Board, core. Downtown Task Force, Historic Landmark Commission 10-16 Implementation & Monitoring 267 Implementation & Monitoring 1 0 Denton Plan 2040 10-17 268 Action Type Regula,. , Referenced Program;:Department , Actions and Capital; Outreach; ., ,., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Consider creation of a new 2.6.5, 3.10.2; Planning Short Economic Downtown entity(ies) to promote, market and 4.4.3 Development Mainstreet develop Downtown Denton, as and Planning & Association, identified in the DTIP, such as a Development Economic Downtown Parking Management Development Authority. Partnership Board, 10 Refocus the TIRZ in the Downtown Downtown Task area so that it incorporates the new Force; economic development strategies Historic Landmark and incentives to support Commission development and historic preservation. Monitor and Update 2.7.1; 2.7.3;; Planning Mid Planning & UNT, TWU, Historic Neighborhood/University Small Area 4.3.5;; 4.12.2; Development Landmark Plans with UNT and TWU, including 4.14.3; 5.2.7; and Economic Commission development standards for urban 7.1.4 Development design, streetscape, scale, and architectural character and coordinate them with the Downtown 11 Small Area Plan and the updated DTIP. Coordinate with historic resource preservation programs and encourage more community interaction with the universities and the City by linking physical access between these institutions and public property. Establish and update agreements for 2.7.2; 7.1.5 Partnership Mid Planning & UNT, TWU, Historic joint city - university planning within Development Landmark the Neighborhood/University Commission Compatibility Area, focusing on issues such as: ■ Creation of redevelopment target areas surrounding 12 blighted properties ■ Regulation of on -street and off street parking ■ Pedestrian and bicycle facility improvement ■ Hazard mitigation ■ Housing ■ Wayfinding ■ Historic Preservation Denton Plan 2040 10-17 268 p1 RP,. Llo�o 10-18 Implementation & Monitoring 269 Action ,. Reg,. . Referenced Program; Capital; ,. , Actions and Outreach; ,, ,,, , Key Action Related Items Partnerships) Ongoing) Dept.or Agency) Create Small Area Plans for priority 2.8.1; 2.17.1; Planning Mid Planning & DCTA corridors and centers and existing 4.12.1; 4.12.3; Development character areas consistent with the 7.1.6; 6.18.2 and Economic 13 Focus Areas Concept. Engage the Development community in the creation of these plans. Consider developing Small Area Plans around existing and future DCTA rail stations. Create a prioritization of centers, 4.12.4 Planning Short Planning & DCTA corridors, and other focus areas in Development 14 order to streamline and direct the process of creating of Small Area Plans. Establish Overlay Districts or new 2.8.2; 4.12.5; Regulation Long Planning & zoning districts as a result of Small 7.1.6; Development 15 Area Plans that apply revised development standards tailored to specific corridors and centers. Through the city's Capital 2.8.3; 6.1.2 Regulation On-going Transportation Mobility Committee Improvement Program (CIP), and Planning & 16 prioritize investments in designated Development corridors and centers based on mobility recommendations and street standards. Conduct an inventory to identify 2.9.1; 2.9.2 Planning Short Planning & areas of infill potential within Development established neighborhoods and 17 establish criteria to establish guidelines to prevent impacts and encroachment of incompatible uses, development scales, and intensities.. Establish criteria to identify the 2.9.2; 2.9.3; Planning / Short Planning & characteristics of compatible infill 7.8.3; 7.8.4 Regulation Development 18 development and identify and and remove impediments. Environmental Services Create an inventory of underutilized 2.10.1 Planning Mid Planning & and abandoned "big box' retail Development 19 structures as potential adaptive reuse, infill, and redevelopment sites. 10-18 Implementation & Monitoring 269 Establish a process to facilitate revisions to the land use mix and design of approved and future Master Planned Communities MPCs) including: ■ Design that furthers the goals and policies of Denton Plan 2040 and the Preferred Growth Concept ■ A mix of housing types to reflect changing demographics and housing preferences ■ Appropriate siting of schools, civic buildings and community amenities ■ Adjacency to existing transportation infrastructure systems 20 ■ Conservation development where appropriate ■ Incorporation of compact, mixed use, and walkable development patterns • The integration of area -wide trails, greenways, and green infrastructure elements • Developable acreage that is in balance of overall development of the city. • Improved architectural and neighborhood design features. ■ Open space provision Use Small Area Plans to assess appropriate redesign of approved MPCs. Implementation &Monitoring r101 2.11.1; 2.11.3; Planning/ Short 5.6.4; 7.6.1 Regulation Consider adoption of an Adequate 2.11.2, 3.8.1; Public Facilities Ordinance and green 5.4.13 21 infrastructure requirements to complement existing tools for growth management. Planning & Development and Environmental Services Regulation Short Water, Public Utilities Wastewater, and Board Engineering and Planning & Development Denton Plan 2040 10-19 270 iUAA uo4-o 10-20 Implementation & Monitoring 271 Action (Plann Responsible ...Regula ,,., Actions and Capital; Outreach; ..Referenced .., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Revise the City's Annexation Plan 2.12.1; 2.12.2; Planning Short Planning & and associated policies to reflect the 3.10.1, 5.4.12 Development, sufficiency of undeveloped land Economic within the present city limits, the Development, need for a contiguous development Water, 22 pattern at the edge and an Wastewater, and assessment of the feasibility and DME cost-effectiveness of the provision of city infrastructure and services in various portions of the ETJ. Base future annexations on considerations of fiscal impact. Address how drilling and production 2.5.2; 2.13.2; Planning Ongoing/Sho Gas Well sites should be identified by size and 2.13.3; 2.13.4; rt Division, location, and how to maintain 2.13.5; 6.1.9; Planning & relevant and associated data to 8.4.3; Development, address impacts and compatibility. and Legal Monitor the performance of the 2016 gas well ordinance and the 2020 gas well setback ordinance and identify 23 the ongoing impacts of gas well drilling and production on surface development costs and on roads and traffic patterns, the future effects of such activities on the Mobility Plan, and fiscal and economic impacts of gas well development. Prepare an Energy Exploration Master Plan to establish a long-term vision for energy exploration in Denton. Promote conservation (clustered) 2.14.1; 5.4.8 Regulation Short Planning & development in rural areas, with Development 24 permanently protected open space in conservation easements, as an alternative to large lot development. provide specific guidelines for 7.6.2;4.9.1; Regulation Short Planning & conservation development 7.6.2; 7.6.3 Development including density and/or lot size 25 incentive for open space protection, and guidelines for transfers of ownership and management of protected open space. 10-20 Implementation & Monitoring 271 Implementation & Monitoring 1 0 Denton Plan 2040 10-21 272 Action Type Regula,. , Referenced Program;:Department , Actions and Capital; Outreach; ., ,., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Continue to control growth in 2.16.1; 2.16.2 Regulation On-going Planning & Denton County the ETJ by requiring City of Development Denton approval of subdivision plats and all related permits in 26 its ETJ through the established interlocal agreement with Denton County, to ensure growth is consistent with Preferred Growth Concept. Discourage the establishment of 2.16.3 Regulation On-going Planning & Denton County municipal utility districts in Development 27 Denton's ETJ and require review of any MUDS in the development review process... Coordinate with surrounding 2.16.4 Partnership On-going Planning & Surrounding municipalities as part of the Development Municipalities approval process for 28 development proposals in Denton's ETJ where the proposed development is in close proximity or shares a boundary with said municipality. Partner and collaborate with 3.1.2; 3.12.2 Partnership On-going Economic developers to provide sufficient Development workforce housing to meet market and Planning & 29 demands and diversify housing Development choices and increase stock of owner -occupied small residential units. Incentivize the development or 3.1.3 Regulation Short Planning & redevelopment of mixed use projects Development 30 that provide flexible space for and Economic commercial, office, and residential Development use. Evaluate the need for additional 3.1.4 Regulation Mid Planning & development code standards that Development 31 encourage infill and remove growth and Economic impediments in the area of Denton Development that is incorporated. Denton Plan 2040 10-21 272 p1 RP,. Llo�o 10-22 Implementation & Monitoring 273 Action ,. Reg,. . Referenced Program; Capital; Department , Actions and Outreach; ,, ,,, , Key Action Related Items Partnerships) Ongoing) Dept.or Agency) . Work with the Chambers of 3.3.2 Planning / Short - Mid Economic Denton Economic Commerce and Convention and Partnership Development Development Visitors Bureaus to increase Partnership Board, 32 Denton's visibility among identified Chambers of target industry employers and their Commerce, and trade organizations. Convention and Visitors Bureau Build partnerships between industry, 3.3.2; 3.4.2; Partnership Short, Economic School Districts, local K-12, and post -secondary 4.5.1; 7.12.3 On-going Development UNT, TWU, NCTC, institutions (specifically TWU and and Airport and 33 UNT) to design training programs to Major Employers provide the workforce for the identified target industry employers and entrepreneurs, including Denton Enterprise Airport. Actively recruit new business to the 3.3.3 Partnership Short, Economic UNT, TWU, and 34 Denton Enterprise Airport, ECO- On-going Development NCTC W.E.R.C.S, and UNT's Discovery and Airport Park. Develop public private partnerships 3.3.4 Partnership Short, Economic Economic to ensure adequate space for the On-going Development Development 35 growth of small businesses, Partnership Board entrepreneurs, and spin-off local businesses of the target industries' larger employers. Continue to identify development 3.3.5 Program On-going Planning & design standards and development Development, 36 review process improvements for Engineering, greenfield and infill development. Water, Wastewater, and DME Recruit highly skilled talent and high- 3.4.3 Outreach Short, Economic Major Employers, 37 growth businesses to grow as a On-going Development Economic high-tech hub. Development Partnership Board Partner and collaborate with School 3.4.4 Partnership On-going Economic School Districts, Districts, UNT, North Central Texas Development UNT, TWU, and 38 College (NCTC), and TWU to connect NCTC employer needs with degrees and programming. Market, promote, and support the 3.5.2 Outreach On-going Economic Economic 39 diversity of industry presence in Development Development Denton and the opportunity for Partnership Board industry cluster growth. 10-22 Implementation & Monitoring 273 Implementation & Monitoring 1 0 Denton Plan 2040 10-23 274 Action ,. Reg,. , Referenced Program; Department , Actions and Capital; Outreach; ., ,., , Action Related Items Partnerships) Ongoing)Key Dept. or Agency) Market, promote, and support the 3.5.3; 4.7.1; Outreach On-going Economic Economic 40 Arts, Music, and Recreation 4.8.5; 5.4.5 Development Development industries in alignment with the Partnership Board designated arts and cultural district. Develop and implement a strategy to 3.5.5 Program Short Public centralize and coordinate (not On-going Communications 41 standardize) communication and marketing efforts among all City departments and entities. Each proposed development in the 3.7.3, 3.11.3 Program Short Economic city will be analyzed in relation to its Development, revenues and expenditures relative Finance, and to projected revenues and Planning & 42 expenditures. Utilize the fiscal Development impact tool to review infill development and redevelopment projects and report findings in staff reports to City Council. Actively promote historic 3.6.2 Program On-going Economic Economic preservation as a means to increase Development Development 43 economic, cultural, and educational and Planning & Partnership Board, diversity. Development Historic Landmark Commission Charges for services and other city 3.7.1, 3.7.2 Planning Short Finance revenues will be examined annually during the budget process and adjusted as deemed necessary by the governing body to respond to cost increases or any other changing 44 circumstances. The City's revenue and expenditure balance will be evaluated annually during the budget process in consideration of the level of services required for the implementation of policies, actions, and priorities in the Denton Plan 2040. Encourage more dense development 3.8.5; 3.9.1; Planning On-going Water, where water/sewer infrastructure 3.11.2; 9.7.1 Wastewater, has existing excess capacity, and Engineering and define what level of development Planning & 45 can be served by septic and well Development infrastructure. Evaluate existing levels of service for all capital infrastructure to identify existing deficiencies and excess capacities. Denton Plan 2040 10-23 274 p1 RP,. Llo�o 10-24 Implementation & Monitoring 275 Action ,. RegResponsible Program;Depar tment bol Actions and Capital; Outreach; .,Referenced Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Explore the feasibility of conducting 3.9.8; 3.15.2 Regulation Short — Mid, All Departments a robust community outreach and Ongoing engagement program to promote establishing or increasing impact 46 fees for needed public services and infrastructure, including roads, public safety enhancements, parks and recreation facilities, and libraries. Establish procedures for conducting 3.10.1 Program Short Planning & fiscal and economic impact analyses Development 47 to evaluate the potential short and long-term impacts of future annexations and other land use decisions. Conduct fiscal and economic impact 3.10.2; 2.6.4 Planning Short, On- Economic 48 analyses to ensure the fiscal benefit going Development or neutrality of future tax abatement agreements and special districts. Use the benefits of economic 3.10.3 Planning Mid - Long Economic Airport Advisory incentives to direct continued Development Board 49 investments at the Denton Enterprise and Airport Airport and surrounding industrial district. Ensure maximum efficiencies of all 3.13.1; 7.12 Regulation On-going All Departments 50 public facilities to minimize the use of land by non -revenue generating development Community Characte Continue updating the Historic 4.1.1 Planning Short Planning & Historic Landmark 51 Resources Survey to identify Development Commission potentially historic resources for possible zoning protection. Identify and recommend areas 4.1.2; 4.1.3 Planning Mid Planning & Historic Landmark within the city limits that qualify Development Commission for historic districts and conservation districts based on distinctive character, scale and 52 overriding, intact, architectural character. Historic districts will receive appropriate zoning classification in order to enforce and ensure preservation of structures within the district. 10-24 Implementation & Monitoring 275 Implementation & Monitoring 1 0 Denton Plan 2040 10-25 276 Action ,. RegResponsible Program;Depar tment bol Actions and Capital; Outreach; .,Referenced Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Work with community and 4.1.4 Outreach On-going Planning & Historic Landmark neighborhood groups to identify Development Commission areas that have significant community support for the formation of historic and 53 conservation districts, or strong identification of neighborhood character to aid in development of Small Area Plans or local protection. Prepare a Citywide Branding and 3.5.1; 4.2.1; Planning Short Planning & DCTA, TxDOT, Placemaking Strateg that 4.2.2; 4.2.3; Development, Denton County, welcomes visitors, identifies 4.9.2; 6.1.10, , Public UNT, TWU, historic landmarks, gateways, 6.10.4;,;; 6.20.1 Communicatio Mobility greenwaysand links together ns, Parks and Committee, Parks existing character areas through Recreation, Board a wayfinding program by using a and Economic combination of environmental Development 54 graphics, print materials, and web -based information. Coordinate with mobility planning so that motorists, bicyclists, pedestrians, and transit users may easily locate destinations throughout Denton. Engage the community through a public involvement process in the creation of the plan. Establish guidelines for gateways 4.2.6 Planning Mid Planning & as part of future development to Development 55 highlight community points of and Parks and entry and promote the Denton Recreation brand and its quality of life. Create a web -based mechanism 4.2.8 Program On-going Planning & City for community members to Development Administration present new ideas for celebrating Denton's sense of 56 place or developing new community -driven projects by providing a streamlined and transparent process to propose projects to the City. Denton Plan 2040 10-25 276 iUAA uo4-o 10-26 Implementation & Monitoring 277 Action Responsible(Pla Program;RegDepartment l Mid-ter ..represents ..bo lead Key . .. . Ongoing) Dept. Implement recommendations for 4.3.1 Planning Mid Planning & Historic Landmark historic landmark, historic Development Commission 57 district, and conservation districts per updated historic resources survey to ensure consistent protection. Encourage voluntary landmark 4.3.2 Program On-going Planning & Historic Landmark 58 designation as a vehicle to Development Commission protect sites with historical significance. Work with private landowners with 4.3.6 Program On-going Planning & Historic Landmark 59 historic sites onsite to ensure public Development Commission access to and preservation of site according to applicable standards. Establish partnership among private 4.3.7 Program On-going Planning & 60 interests to support historic Development preservation in Denton. Encourage adaptive reuse of historic 4.3.8 Program On-going Planning & Economic structures to ensure their long-term Development Development 61 preservation while allowing for Partnership Board, repurposing and economic diversity. Historic Landmark Commission Utilize the 2019 Historic 4.4.1 Program Short Planning & Historic Landmark Preservation Plan to assist in Development Commission identifying property owners of designated individual sites or sites 62 within historic or conservation districts may receive an incentive in the form of a fifty percent exemption from city taxes for fifteen years. The Historic Landmark Commission would oversee the program. Continue to coordinate with the 4.4.2 Partnership On-going Economic DMSA, Economic DMSA to provide enable funding of Development Development 63 district -wide improvements and Partnership Board, incentives, such as facade Historic Landmark improvement grants, to encourage Commission preservation. Update the Property Maintenance 4.5.1; 9. 16.6 Planning Short Community 64 Code every three to five years and Improvement include policies for the upkeep of Services collection receptacles and areas. 10-26 Implementation & Monitoring 277 Implementation & Monitoring 1 0 Denton Plan 2040 10-27 278 Action ,. RegResponsible Program;Depar tment bol Actions and Capital; Outreach; .,Referenced Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Establish a volunteer program 4.5.2 Program Short Community 65 though City Council action to support Improvement the maintenance of areas having Services historical or cultural significance.. Continue an anti -graffiti program to 4.5.3 Program Short, On- Community be administered by the City. Perform going Improvement 66 graffiti removal on private property Services and within 10 days of receiving a Economic complaint or becoming aware of Development graffiti vandalism. Encourage the use of public art to 4.6.1; 4.6.2; Planning Mid, Parks & Public Art highlight neighborhood identity in 4.6.4; 4.6.6; On-going Recreation, Committee, TxDOT, Denton's existing and future 4.6.7;; Planning & DCTA, Denton neighborhoods through a Public Art Development County, School Master Plan for Denton. Integrate and Districts public art into the planning and Transportation design for city and county -owned public facilities, including schools, parks and trails, other publicly - 67 funded projects and projects on city - owned land. Work with DCTA to install public art at transit facilities, and at community gateways. Engage the community through a public involvement process to identify locations and designs for public art. Evaluate opportunities for public art to be included as part of 1-35 expansion and potential highway underpasses and overpasses. Identify opportunities to incorporate 4.7.1; 4.7.4 Planning Short, Economic Denton Main Street venues for arts and music events in On-going Development Association, DCTA, future development, including and Planning & Downtown Task Downtown (The Original Denton Development Force District) and in Regional Centers. 68 Study opportunities for arts and music venues in vacant or underutilized sites adjacent to Downtown and the Downtown Denton Transit Center that can be supported by the A -Train. Denton Plan 2040 10-27 278 p1 RP,. Llo�o 10-28 Implementation & Monitoring 279 Action ,. Reg,. . Referenced Program; Capital; Department , Actions and Outreach; ,, ,,, , Key Action Related Items Partnerships) Ongoing) Dept. .Agency) Create a program to investigate the 4.6.9; 4.7.5 Planning Mid Parks & Public Art temporary re -use of vacant and/or Recreation and Committee underutilized parcels and building Planning & facades for art exhibitions and Development 69 murals. Work with the public arts programs to formally demarcate arts and music venues and event locations through permanent or temporary public art and public realm improvements. Study the viability of an The Original 4.3.4; 4.7.2; Planning Short Planning & Denton Main Street Denton District in Downtown Denton 4.7.3 Development Association, with relaxed regulations for hours, Downtown Task lighting, and design guidelines, Force sensitive to surrounding uses and consideration of a new zoning 70 district. Designate a baseline percentage of ground -floor retail that should be occupied by arts and culture businesses within the Downtown or the Original Denton District. Coordinate preservation regulations to be consistent. Study the use of tax incentives and 4.7.6 Planning Mid, Economic Economic 71 subsidies to attract arts and music On-going Development Development organizations and private investors. Partnership Board Create a Special Events Integrated 4.7.8; 6.19.2; Planning Short Transportation DCTA, NCTCOG, Transportation Plan particularly for 6.20.2 and Engineering TxDOT, and special events that studies Convention Visitors opportunities for shared parking, Bureaus transit, shuttles, and available 72 parking facilities that encourages local and regional travel to events and venues in Denton, without overly burdening Denton's facilities and highlighting use of alternative transportation modes. Create a program to temporarily rent 4.7.9 Program Short, Parks & Public Art areas to display art, including but not Ongoing Recreation and Committee limited to sculptures in City facilities, Economic 73 on City property, and in local Development businesses and developments, such as art is storefronts, and sculptures on loan. 10-28 Implementation & Monitoring 279 Implementation & Monitoring 1 0 Denton Plan 2040 10-29 280 Action Type Regula,. , Referenced Program;:Department , Actions and Capital; Outreach; ., ,., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Identify opportunities to host 4.7.10 Planning Short, Parks & Parks Board 74 performing arts events in publicly Ongoing Recreation and owned areas including parks, streets Economic rights-of-way, and public buildings. Development Partner with the Greater Denton Arts 4.8.1 Partnership On-going Economic GDAC 75 Council on programs related to Development promoting arts in the community. Create a program for arts education 4.8.2 Partnership Mid Economic UNT, TWU, and through local schools and Development, School Districts 76 institutions that will lead to local job Parks and growth. Recreation,and Planning & Development Conduct a study to understand the 4.8.3; 3.6.3 Planning Long Economic 77 current and future economic Development development value of music and the visual and performing arts in Denton. Promote the arts and music through 4.8.5 Outreach On-going Economic Convention and regional Convention and Visitors Development Visitors Bureau, Bureaus, Chambers of Commerce, and Public Chambers of 78 the universities and schools, and Communications Commerce, Regional local promotion groups to highlight Tourism Board, UNT, Denton's role in arts and music in the TWU, and School DFW Metroplex for both visitors and Districts residents. Encourage private support for the 4.8.6 Outreach On-going Economic Major Employers 79 arts and music by reaching out to Development private sector organizations in Denton and the DFW Metroplex. Explore opportunities for donations 4.8.7 Partnership Mid, On- Economic 80 and grants to assist art and music- going Development related efforts in Denton. and Parks and Recreation Partner and collaborate with the 4.8.8 Partnership Short, On- Economic UNT, TWU, and education communities to going Development NCTC 81 coordinate art and music -related and Parks and efforts as well as parks and Recreation recreation. Denton Plan 2040 10-29 280 iUAA uo4-o 10-30 Implementation & Monitoring 281 Action (Plann Responsible Referenced Program;Regular.. , Actions and Capital; Outreach; .. .., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Coordinate City departments, such 4.8.9 Partnership On-going Economic as Police, Fire, and Parks and Development Recreation, to ensure appropriate and Parks and 82 and feasible in-kind donations of Recreation services are offered to facilitate the development of live events and their associated economic and fiscal impacts for the city. Promote preservation to increase 3.6.3; 4.9.1; Outreach/ On-going Economic Downtown economic, cultural, and educational 4.9.4 Partnership Development Mainstreet 83 diversity within the community. and Planning & Association, Coordinate with the DMSA for Development Historic Landmark promotion of heritage tourism. Commission Incorporate historic elements into 4.9.3; 4.9.5 Partnership Short Planning & Denton County, UNT, placemaking and community Development TWU, NCTC, Historic gathering spaces where landmarks and Parks and Landmark exist. Partner and collaborate with Recreation Commission 84 local agencies and institutions to engage the community in education regarding the historic identity of Denton and the historic resources Denton has. Conduct a study of existing 4.10.1; 4.10.3 Planning Short Planning & community gathering spaces and Development their use and suitability for various and Economic activities and events throughout Development 85 Denton and highlight these through Discover Denton. Engage with residents in adjacent neighborhoods to provide input into the design and function of community gathering spaces. Enhance zoning requirements to 4.10.2;; Regulation Short Planning and include public community gathering Development space within mixed use developments and centers. Establish regulations and procedures for the 86 design, installation and maintenance of community gathering spaces as well as regulations for noise and time of use for privately -owned and operated community gathering spaces consistent with underlying and surrounding land use. 10-30 Implementation & Monitoring 281 Implementation & Monitoring 1 0 Denton Plan 2040 10-31 282 Action ,. Reg,. , Referenced Program; Department , Actions and Capital; Outreach; ., ,., , Action Related Items Partnerships) Ongoing)Key Dept. or Agency) Create design guidelines for the 4.10.4; 4.10.5; Regulation Short Planning & creation and redesign of community 4.11.1; 8.5.4 Development gathering spaces in Denton in new and existing centers. Ensure that gathering spaces are accessible and defensible through ADA compliant 87 design and using Crime Prevention Through Environmental Design (CPTED) principles. Ensure that provision of shade, water fountains, appropriate lighting, and trash receptacles are provided in community gathering spaces where feasible. Coordinate with programming for 4.10.6 Regulation Short, Economic mobile food vendors to enliven On-going Development, 88 community gathering places for Parks and special events. Recreation, and Planning & Development Prepare an Urban Design Plan for 2.18.3; 2.17.2; Planning Short Planning & Planning and Zoning Denton that is consistent with the 4.11.1;; 6.15.1 Development Commission revised future land use designations and its urban design goals, the 89 Denton Development Code, and puts forward a citywide approach to visual quality and image and encourages new development to create pedestrian -and bicycle - friendly places. Include urban design review early in 4.11.2 Regulation Short, On- All Departments the development review process. going Ensure that City government will 90 exert a leadership role in ensuring adherence to the principles of good urban design as essential for economic development. Denton Plan 2040 10-31 282 AURA uo4-o 10-32 Implementation & Monitoring 283 Action (Pla Responsible Referenced Program;Reg,.,. , d and Capital; Outreach; .. (bolActions , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Provide a mechanism for 4.14.1; 4.14.2 Partnership Mid, Transportation, coordination between the Parks, On-going Planning & Recreation and Trails Master Plan, Development, 2020 Mobility Plan, Urban Design Economic Plan, and small area plans to ensure Development, that the design of the public realm and Parks & 91 creates a cohesive network of public Recreation spaces in Denton. Ensure that new development addresses established pedestrian and bicycle networks and provides for additional connectivity to further foster pedestrian and bicycle mobility throughout Denton. Ensure that trees and landscaping 4.13.4 Regulation On-going Planning & are included in all roadway Development, standards and site design criteria to Engineering, and 92 recognize their aesthetic and Parks & environmental contribution to the Recreation city and preservation of the tree canopy. Ensure that the Urban Design Plan 4.15.1; 4.15.2; Regulation Short Planning & Planning and Zoning Incorporates goals from the 2020 4.15.3 Development Commission Mobility Plan and the Denton Plan 2040.. Update the Site Design 93 Criteria Manual to include Urban Design Principles. Incorporate Urban Design Principles into all future plans related to urban design, including the Urban Design Plan and Small Area Plans. Include additional guidelines for 4.16.1- 4.16.9 Regulation Short Planning & specific land uses in addition to Development 94 overarching Urban Design Principles to ensure desired community character is achieved with variations for use. Establish design guidelines for 4.17.1- 4.17.3 Regulation Long Planning & Focus Areas to aid in design review Development for key intersections and 95 destinations in Denton, with the intention of creating Small Area Plans and corresponding Overlay Parks, Districts. Conservation & Environment 10-32 Implementation & Monitoring 283 Implementation & Monitoring 1 0 Denton Plan 2040 10-33 284 Action ,. RegResponsible Program;Depar tment bol Actions and Capital; Outreach; .,Referenced Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Implement the vision for a park, open 5.1.1 Planning On-going Parks & Parks Board space, and trail system as most Recreation currently updated in which mobility 96 to, from, between, and within the system is readily apparent and aligned with natural resources in the city and is linked regionally. Update the Parks, Recreation and 5.1.2; 5.1.7; Planning Mid Parks & Parks Board Trail System Master Plan at least 5.1.6; 4.13.3; Recreation, once every five years to implement 7.9.1; 8.3.5 Planning & this vision. Align park terminology Development and recommended acreage and standards with national terms and Environmental best practices. Periodically survey Services community preferences and needs regarding parks and recreation. 97 Incorporate this information into revisions of the strategic plan, annual action plans, and updates of the Parks, Recreation and Trail System Master Plan. Include policies for agricultural production and green infrastructure. Develop, fund, and implement future Capital Improvement Programs consistent with the Parks, Recreation and Trail System Master Plan. Acquire and maintain sufficient land 5.1.3 Regulation On-going Parks & Parks Board to keep pace with Denton's park Recreation 98 needs based on standards of updated Parks, Recreation and Trail System Master Plan. Create designs for new recreation 5.1.5 Planning Mid, On- Parks & and open space facilities that going Recreation respond to the context of specific 99 neighborhood, the needs of specific segments of the community, and utilize best practices in park design. Create master plans to implement design. Actively pursue the creation of mini- 5.1.8; 8.3.4 Planning On-going Parks & Parks Board parks, pocket parks, urban open Recreation 100 spaces, and urban gardens on vacant parcels or other types of unused, available land throughout the city. Denton Plan 2040 10-33 284 AURA uo4-o 10-34 Implementation & Monitoring 285 Action (Plann Responsible ...Regula ,,., Actions and Capital; Outreach; ..Referenced .., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Implement the updated Parks, 5.2.1; 5.8.4 Planning On-going Parks & Recreation and Trail System Master Recreation Plan to prioritize development of trails and greenway corridors throughout Denton. Update the plan every five years to identify further 101 significant scenic, historical, and environmentally sensitive lands, and determine strategies to preserve them. Coordinate development of greenways and trails along the floodplain and tributaries to promote recreational and mobility goals. Maintain coordination with North 5.2.2; 2.15.1 Partnership Ongoing Parks & NCTCOG Central Texas Council of Short Recreation and Governments (NCTCOG) to achieve Planning & 102 objectives of the regional Development, transportation system in linking and Denton with surrounding Transportation communities via a greenbelt system. Develop parks and open space 5.2.3; 3.13.2;; Partnership/ On-going Parks & Parks Board adjacent to residential areas, 3.14.2; 3.14.3 Regulation Recreation community facilities, commercial centers, and the universities to link areas together via green space, and creating opportunities for outdoor 103 access, and physical activity. Partner with developers to secure parks and open space in all new residential and commercial centers to ensure adequate green space and multi- modal connections between developments. Acquire land for park and open ; 5.2.4; 9.11.1; Regulation On-going Parks & Parks Board space dedication along drainage 9.13.2 Recreation, and corridors and floodways through Environmental voluntary conservation easements, Services 104 land trusts and parks to preserve environmentally sensitive lands, provide recreation opportunities, and promote stormwater management through green infrastructure. 10-34 Implementation & Monitoring 285 Implementation & Monitoring 1 0 Denton Plan 2040 10-35 286 Action Type Regula,. , Referenced Program;:Department , Actions and Capital; Outreach; ., ,., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Research feasibility of creating 5.3.2 Planning Mid Parks & revenue -generating parks and Recreation recreation features that can reduce 105 the dependency on property tax revenue and generate profits to underwrite other recreation facilities and services. Coordinate with adjacent 5.3.3; 5.3.4 Partnership Mid, On- Parks & Surrounding municipalities, DISD, and local going Recreation and municipalities, UNT, institutions to explore opportunities Planning & TWU, and School 106 for cooperative ventures in providing Development Districts parks and open space and and ecosystem protection, and to Environmental develop a regional, connected trail Services system. Further the ESA program to create an 5.2.5; 5.4.1; Planning / Mid, Environmental integrated system of publicly -owned 5.4.2; 5.4.3; Regulation Ongoing Services, natural areas that protect the 5.4.4; 5.8.2; Planning & integrity of important conservation 5.8.6; 5.8.7 Development sites, protect corridors between and Parks & natural areas, and preserve Recreation outstanding examples of Denton's diverse natural environments. Acquire and manage land and water to preserve, protect, and enhance important natural areas to contribute to a natural, healthy community and 107 environment. Use the ESA framework as basis for guiding land use decisions and providing an equitable distribution of natural resources throughout the city. Encourage the preservation of floodplain and open space access as a community -wide recreational resource instead of singular ownership by one person or a single neighborhood. Coordinate with the city's Watershed Protection Program and parks planning to further multi-purpose conservation goals and reducing sprawl. Promote Denton's natural resources 5.4.5; 3.5.3 Outreach On-going Environmental Economic as a distinguishing element for Services and Development 108 economic growth and community Economic Partnership Board development through public Development relations materials and business attraction. Denton Plan 2040 10-35 286 iUAA uo4-o 10-36 Implementation & Monitoring 287 Action (Plann Responsible ...Regula ,,., Actions and Capital; Outreach; ..Referenced .., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Encourage environmental 5.4.6 Program On-going Environmental awareness, the ethical use of natural Services and 109 resources, and preservation of Public natural habitat through all Communications development policies. Require Environmental Sensitive 5.4.7 Regulation Short, On- Environmental Areas Assessments for development going Services sites where areas of high ecological 110 values (Environmentally Sensitive Areas) are proposed to be disturbed that will trigger appropriate management practices including any necessary mitigation actions. Work with State of Texas 5.4.9; 5.4.10; Planning, Long Planning & State of Texas Department of Agriculture to 2.14.2 Program Development Department of conduct a survey of Prime and, Parks & Agriculture, Denton Agricultural Land consistent with Recreation County Farmland Mapping and Monitoring Program (FMMP) standards to determine potential locations and value of agricultural land threatened by urban development within Denton 111 city limits and the ETJ. Encourage use of conservation easements and land trusts to protect agricultural land and heritage rangelands based on FMMP criteria, State of Texas Department of Agriculture (i.e. Family Land Heritage Properties) listings, and Natural Resources Conservation Service (NRCS) programs. Make broader use of mitigation 5.4.11 Regulation Mid Planning & banks to facilitate market-based Development 112 compensation to landowners that and choose to help protect Environmental environmentally sensitive lands. Services Implement clearing and grading 5.4.13; 9.10.1 Regulation Short, Environmental requirements to minimize erosion, Ongoing Services and eliminate clear -cutting, reduce Planning & sedimentation, and reduce fugitive Development 113 dust (airborne particles) in new construction of new development and infrastructure. Utilize guidance of LEED for New Construction for new construction. 10-36 Implementation & Monitoring 287 Implementation & Monitoring 1 0 Denton Plan 2040 10-37 288 Action ,. RegResponsible Program;Depar tment bol Actions and Capital; Outreach; .,Referenced Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Incorporate strategies from Denton's 5.4.14; 5.7.5; Regulation, On-going All Departments Simply Sustainable Framework: 5.8.8 Program (2020) and Parks, Recreation, and 114 Trails System Master Plan including land conservation, water quality and watershed management, and air quality and greenhouse gas (GHG) management strategies. Use the Urban Forestry Master Plan 5.5.1; 5.5.2; Planning Mid Planning & Planning and Zoning to identify important tree canopy 5.7.2; 5.7.6 Development, Commission resources and include specific Parks & strategies for protection and Recreation, and provision of a more robust tree Keep Denton canopy. Research and determine Beautiful what the goal should be for 115 percentage of tree canopy in Denton and establish regulations accordingly, taking into consideration the topography and habitats present and also Denton's geographic location. Research and implement methods to view and quantify the value trees provide as infrastructure. Conduct a study to understand the 5.5.3 Planning Mid Planning & current and future economic Development 116 development value of Denton's urban tree canopy, and to determine best practices in urban tree management. Develop conservation and 5.5.1; 5.5.3 Planning, Short, Environmental development priorities to be used by Program Ongoing Services and planners and decision makers to Parks & systematically identify, evaluate, and Recreation 117 synthesize various environmental attributes and evaluate ecological values. Ensure that adequate open space is provided either on- or off- site as a provision for new developments on greenfield land. Denton Plan 2040 10-37 288 iUAA uo4-o 10-38 Implementation & Monitoring 289 Action (Pla Responsible Program;Reg,.,. , AgencyReferenced bol Actions and Capital; Outreach; Mid-term, Long-term, represents lead Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Promote Denton's commitment to 5.5.4 Program Ongoing All Departments Keep Denton sustainable community growth and Beautiful community aesthetics/appearance through continued participation with 118 the organization Keep Denton Beautiful, in programs such as Tree City USA, Scenic City USA, and the Governors Community Achievement Award. Update the Tree Trusts/Tree Fund 5.5.5 Regulation Short Planning & section of the tree preservation Development ordinance and DDC with incentives 119 for developers to preserve existing heritage trees located in development sites rather than remove or replace trees, or pay into the Tree Fund. Establish Tree Parks/Preserves in 5.5.6 Regulation Mid, Parks & which the City purchases lands Ongoing Recreation and 120 identified to have significant Planning & amounts of heritage trees for long- Development term preservation. Develop a plan for conservation and 5.6.1 Planning Ongoing Environmental preservation of the unique and Services endangered native Cross Timbers 121 Forest region trees, Blackjack Oak and Post Oak, which are critical to the local wildlife and a unique natural ecosystem of Denton. Develop conservation and 5.6.2; 5.6.6 Planning Mid Environmental development priorities to be used by Services planners and decision makers to systematically identify, evaluate, and synthesize various environmental 122 attributes and evaluate ecological values. Update the criteria to identify and prioritize habitats with emerging trends, current conditions, and new expertise to strengthen and continue use of this tool for open space protection. Create a 10 -year plan for acquiring 5.6.3 Planning Short Environmental and preserving open spaces that are Services, Parks 123 considered to be of high value for & Recreation and ecological preservation and are not Planning & already under protection. Development 10-38 Implementation & Monitoring 289 Implementation & Monitoring 1 0 Denton Plan 2040 10-39 290 Action ,. Regulation; Timeframe Responsible Referenced Program; (Short-term, Department or Actions and Capital; Outreach; ., ,., , Action Related Items Partnerships) Ongoing)Key Dept. or Agency) Expand the City's public education 5.6.5 Outreach Ongoing Environmental School Districts programs to celebrate Denton's Services, Public ecosystems through physical Communications interpretation, site management, , Planning & 124 conservation, sustainability, Development, watershed protection, and urban Parks and forestry. Recreation and Keep Denton Beautiful Continue to enforce and update the 5.6.8 Regulation Ongoing Environmental ESA regulations in order to manage Services important natural areas that preserve wildlife habitat and native 125 landscapes, while providing opportunities for education, scientific research, nature interpretation, art, fishing, relaxation, wildlife observation, hiking, and other activities. Implement methods to mitigate any 5.7.7 Planning Short Gas Wells adverse effects of oil and gas drilling Division, and 126 and production on air quality, such Planning & as requiring Vapor Recovery Development Systems. Explore and implement requirements 5.7.8 Long Environmental to improve air quality through private Services and 127 community actions, new Planning & development, and revitalization Development efforts. Explore green building standards for 5.9.1; 5.9.2 Planning Short, Building Health and Building new residential and commercial Ongoing Inspections Standards construction using Green Built" Commission Texas as a standard. Assign a staff person to oversee and streamline 128 green building project design and commissions to increase feasibility and reduce project cost. In the absence of a Green Building Ordinance, encourage certification by Green Built" Texas for construction of residential projects. Promote the establishment of green 5.9.3 Outreach On-going Economic 129 building service businesses locally in Development Denton that are hired to further green build goals in the city. Denton Plan 2040 10-39 290 p1 RP,. Llo�o 10-40 Implementation & Monitoring 291 Action Type Regula: .. , Referenced Program;Department l Actions and Capital; Outreach; ., ..bo Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Create guidelines and incentives for 5.9.4, 5.9.5 Planning On-going Building the use of Energy Star certified Inspections and 130 products in new construction and Environmental commercial and residential Services remodels. As part of Green Building ordinance, 5.9.6 Planning Short Building encourage the use of sustainable Inspections and 131 and locally -sourced materials in new Environmental construction and rehabilitation. Services Encourage the use of durable 5.9.7 Planning On-going Planning & materials in all construction that will Development 132 last and not contribute to significant and Engineering maintenance needs in accordance with state law. Require that all commercial 5.9.8 Regulation Short, On- Environmental buildings, including City buildings going Services and 133 comply with standards for reduced DME energy consumption. Revise and implement the Denton 2.4.1; 2.18.1; Planning Short Transportation Mobility Committee Mobility Plan to be consistent with 3.8.2; 3.12.3; On-going and Planning & the Future Land Use Map (FLUM) 4.11.1; 4.13.1; Development and Preferred Growth Concept. 6.1.1; 6.1.6; Revise the Denton Development 6.3.2; Code and related development 6.3.3; 6.6.1; 134 standards to be consistent with the 6.6.2; 6.12.1 updated Mobility Plan. Incorporate complete street policies and public realm design guidelines and streetscape standards consistent with Community Character goals, Context -Sensitive Streets, and the proposed Urban Design Plan. Partner and collaborate with projects 6.1.11 Partnership On-going Transportation DCTA that are major trip attractors to 135 develop and implement innovative ways to manage congestion and incentivize best practices for peak management. 10-40 Implementation & Monitoring 291 Implementation & Monitoring ri 0 Transportation Mobility Committee, NCTCOG, Parks and Recreation Advocate for projects in the Mobility 6.1.4; 2.15.1 Partnership On-going Transportation Mobility Committee Plan to be included in the regional Long Range Transportation Plan 137 (LRTP) and the Transportation Improvement Program (TIP) both maintained by the North Central Texas Council of Government's (NCTCOG). Establish a protocol for all roads in 6.1.7 Partnership Mid Transportation Denton County, Denton to comply with consistent TxDOT 138 standards that contribute to mobility goals regardless of whether roads are under control of and/or funded by the City, Denton County or TxDOT. Coordinate local road expansion with 6.1.8 139 TxDOT plans for the expansion of I - 35E,1 -35 and other TxDOT roadways. Partnership I Ongoing Transportation I TxDOT Denton Plan 2040 10-41 292 Incorporate complete streets 4.7.1; 2.15.1; Planning Short, guidelines into updated Mobility Plan 2.18.2; Ongoing following the guidance of NCTCOG 6.13.1;3.14.2; and the NCTCOG Bicycle and 6.10.1, 6.13.3; Pedestrian Bicycle Advisory 6.19.5; 8.3.3 Committee (BPAC). Partner with 136 developers to implement streetscape design features like minimal curb cuts, buffered on -street parking, larger sidewalks with bump -outs, and on -street striping of bicycle lanes and cross -walks, and bus pull -offs to create vibrant and safe development districts. ri 0 Transportation Mobility Committee, NCTCOG, Parks and Recreation Advocate for projects in the Mobility 6.1.4; 2.15.1 Partnership On-going Transportation Mobility Committee Plan to be included in the regional Long Range Transportation Plan 137 (LRTP) and the Transportation Improvement Program (TIP) both maintained by the North Central Texas Council of Government's (NCTCOG). Establish a protocol for all roads in 6.1.7 Partnership Mid Transportation Denton County, Denton to comply with consistent TxDOT 138 standards that contribute to mobility goals regardless of whether roads are under control of and/or funded by the City, Denton County or TxDOT. Coordinate local road expansion with 6.1.8 139 TxDOT plans for the expansion of I - 35E,1 -35 and other TxDOT roadways. Partnership I Ongoing Transportation I TxDOT Denton Plan 2040 10-41 292 MR6 AURA uo4-o Use innovative and up-to-date 6.3.4 research and methodology to 143 estimate reductions in travel demand when evaluating projects that integrate transportation and land use. Planning On-going Transportation and Planning & Development 10-42 Implementation & Monitoring 293 Update the Denton Development 6.1.1; 6.1.5; Regulation Ongoing Transportation Planning and Zoning Code and Transportation Criteria 6.2.1; 6.2.2; Regulation and Planning & Commission, Manual to include connectivity and 6.2.3; 2.4.3; Development Mobility Committee parking standards for new 4.7.1; 6.10.1; Recreation, and development that are consistent with 6.14.1; 6.7.4 Planning & 142 updated Mobility Plan and Development Community Character goals. Ensure new development is consistent with and preserves new roads and road improvements identified in the Mobility Plan. As part of the 140 development review process, include a check of the Mobility Plan to ensure that adequate provisions for right-of-way and modal balance have been made. Pursue new opportunities to achieve new roadway connections as development opportunities arise and provide emergency access when designing new residential subdivisions. Update the Mobility Plan at least every five years. Provide emergency access when 6.2.3 Program On-going Fire and 141 designing new residential Transportation, subdivisions. Use innovative and up-to-date 6.3.4 research and methodology to 143 estimate reductions in travel demand when evaluating projects that integrate transportation and land use. Planning On-going Transportation and Planning & Development 10-42 Implementation & Monitoring 293 Continue to implement and update 3.14.1; 4.8.2; Planning/ Ongoing Transportation, multi -modal guidelines for all new 5.7.1; 6.13.1; Regulation Engineering, development to increases the share 5.2.6; 8.3.1 Parks & of pedestrian, bicycle, and transit Recreation, and infrastructure over personal Planning & 142 automobile infrastructure thereby Development reducing emissions. Encourage access to parks and recreation areas via non -motor vehicle travel in order to promote mobility and community health goals. Use innovative and up-to-date 6.3.4 research and methodology to 143 estimate reductions in travel demand when evaluating projects that integrate transportation and land use. Planning On-going Transportation and Planning & Development 10-42 Implementation & Monitoring 293 Implementation & Monitoring 1 0 Denton Plan 2040 10-43 294 Action Type Regula,. , Referenced Program;:Department , Actions and Capital; Outreach; ., ,., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Develop and adopt LOS standards 6.4.1 — 6.4.3; Planning/ Short Transportation Mobility Committee for all roads in the city that are 6.4.2 Regulation appropriate for the surrounding 144 environment, including a review program to track and monitor LOS and system performance. Pursue the multi -modal LOS concept with future Mobility Plan updates. Continue to utilize the City's access 6.5.1; 6.5.2; Planning/ Short, Transportation TxDOT management standards for 6.15.3 Regulation Ongoing collectors and arterials in the city that meet or exceed TxDOT and City 145 standards as applicable. Develop access management plans for each of the City's main corridors that are consistent with Small Area Plans, overlay districts and other land use plans. Complete a road financing study that 6.7.2; 6.7.3 Planning Short Transportation Mobility Committee, considers capital, maintenance, and and Engineering Public Utilities operating costs of projects in the Board Mobility Plan and anticipated revenue streams from city, county, state, federal, and private sources for appropriate plan phases (e.g. ten 146 year increments). Include the cost of regular road maintenance and rehabilitation in estimating the cost of building and widening roads. Develop strategies for new revenue sources and/or revise the Mobility Plan accordingly. Coordinate recommendations with the CIP. Update the Denton ITS Plan to reflect 6.8.1; 6.8.2 Planning/ Short Transportation new technologies and to conform to Regulation the Regional ITS Architecture. Use the ITS Plan as a guiding document for the planning, programming, and 147 deployment of ITS strategies in the city. Implement ITS strategies and current trends to improve the efficiency of transportation systems prior to making costly capacity improvements. Denton Plan 2040 10-43 294 iUAA uo4-o 10-44 Implementation & Monitoring 295 Action (Plann Responsible ...Regula ,,., Actions and Capital; Outreach; ..Referenced .., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Encourage major employers in the 6.10.1; 2.15.1 Partnership/ On-going Transportation, DCTA, NCTCOG and city, including universities, hospitals Regulation Planning & Major Employers 148 and others, to participate in Development, TryParkinglt.com, the regional and Economic commuter program hosted by Development NCTCOG. Create a TMA, separately or in 6.9.2; 6.9.3; Planning Mid Transportation NCTCOG and Major partnership with NCTCOG, to 3.12.3 Employers coordinate all TDM efforts in the city and work with major employers and 149 city staff to enforce. Provide incentives, such as reduced parking requirements, for employers who agree to participate in commuter programs. Continue to allow and encourage the 9.11.2;6.10.2 Regulation On-going Planning & use of pervious or semi -pervious Development, 150 materials in the construction of Environmental parking facilities to further Services and stormwater management goals. Engineering Revise the Site Design Criteria 4.6.1; 6.10.3 Regulation Ongoing Planning & Planning and Zoning Manual accordingly to ensure Development Commission parking areas in private development 151 are consistent with the Urban Design Plan and overall urban design policies in the Community Character Element. Encourage enactment of special 6.11.3 Regulation Ongoing Planning & parking requirements and dedicated Development, 152 parking areas to promote electric Building vehicles, car charging stations, and Inspections, and car sharing in the city. DME Participate in NCTCOG air quality 6.11.1; 2.15.1; Regulation Short, Environmental NCTCOG forums to follow regional policies to 5.7.3; 5.7.4; Ongoing Services and minimize air pollution from Denton's 8.3.7; 8.3.8 Transportation mobile sources and address air pollution on an airshed basis, including regional programs for 153 alternative transportation. Update policies on reducing point -source emissions per TCEQ. Create a program to alert Denton residents when ozone levels are at potentially unhealthy levels, based on the Air Quality Index (AQI) monitored by NCTCOG. 10-44 Implementation & Monitoring 295 Implementation & Monitoring 1 0 Denton Plan 2040 10-45 296 Action Type Referenced :Responsible Program;Department , Actions and Capital; Outreach; ., ,., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Implement the city-wide anti -idling 6.11.2; 6.11.3; Partnership/ Short, Environmental School Districts enforcement policy. Adopt the TCEQ 6.11.4 Regulation Ongoing Services, idling limitations rule and sign a Transportation, North Texas Memorandum of and Economic 154 Agreement with TCEQ as part of an Development anti -idling enforcement policy. Create a partnership with DISD to reduce bus emissions through anti - idling enforcement and strategic route mapping. Ensure that truck routes identified in 6.12.1; 6.12.2 Planning Short, Transportation Mobility Committee the Rail and Trucking Component of Ongoing and Planning & the Mobility Plan are designed to Development allow the safe and efficient movement of freight vehicles, in balance with the character of the 155 surrounding community and coordination with the FLUM. Encourage freight generating land uses, such as manufacturing, warehousing and distribution centers, to be located adjacent to truck routes, rail lines, and travel centers. Coordinate freight operations with 6.12.3 Planning Mid Transportation Mobility Committee, planning for the Denton Enterprise and Airport Airport Advisory 156 Airport as part of the Airport master Committee, plan update. Economic Development Direct hazardous materials/cargo 6.12.4 Planning Short, On- Transportation 157 that are being transported through going Denton away from heavily populated or environmentally sensitive areas. Denton Plan 2040 10-45 296 iUAA uo4-o 161 Partner and collaborate with development projects to include multi -modal features, such as bus shelters and reduced transit rate agreements, by providing incentives for best practices. Encourage new development to provide off-road trails and public pass through access where appropriate and feasible to promote site connectivity. Establish easements to allow pedestrian and bicycle access through private developments 6.15.2; 6.15.4; 6.15.5; 4.13.1 Planning, Program On-going Transportation, Engineering and Planning & Development DCTA 10-46 Implementation & Monitoring 297 Ensure that bicycle and pedestrian 3.5.4; 3.8.3; Planning, Short, Transportation, Mobility Committee facilities are included in the design 4.2.4; 4.13.2; Program On-going Engineering, of new roads and road 4.13.3; 6.13.1; Planning & improvements consistent with 6.13.2; 6.13.6; Development, guidelines established in the Bicycle 6.14.9, 6.14.10 and Parks & and Pedestrian Linkage Component Recreation of the Mobility Plan, the Parks, Recreation and Trails System Master Plan, and regional plans to guide the placement of facilities and educate 158 residents on walking and cycling in Denton. Designate and maintain the City of Denton as a Walk Friendly and Bicycle Friendly Community. Coordinate departments and agencies to implement the Pedestrian and Bicycle Linkage component of the Denton Mobility plan, including education efforts such as the Smart Cycling Program. Incorporate NCTCOG regional bicycle 6.13.3; 6.13.4; Planning Mid. Transportation NCTCOG, Mobility plans such as the Regional Veloweb, 2.14.1; 5.7.4 On-going and Engineering Committee, Parks and the city's Parks, Recreation, and Board 159 Trails Master Plan recommendations into Denton's bicycle facilities planning and actively participate in NCTCOG's Bicycle and Pedestrian Advisory Committee (BPAC). Incorporate the National Association 6.14.8; 6.13.3; Planning Short Transportation & Mobility Committee of City Transportation Officials 6.13.4; Engineering, 160 (NACTO) Urban Bikeway Design 2.14.1; 5.7.4 Planning & Guide in the update of the Mobility Development Plan. 161 Partner and collaborate with development projects to include multi -modal features, such as bus shelters and reduced transit rate agreements, by providing incentives for best practices. Encourage new development to provide off-road trails and public pass through access where appropriate and feasible to promote site connectivity. Establish easements to allow pedestrian and bicycle access through private developments 6.15.2; 6.15.4; 6.15.5; 4.13.1 Planning, Program On-going Transportation, Engineering and Planning & Development DCTA 10-46 Implementation & Monitoring 297 Implementation & Monitoring 1 0 Denton Plan 2040 10-47 298 Action Type Regula,. , Referenced Program;:Department , Actions and Capital; Outreach; ., ,., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Complete and implement the Road 6.16.1; 6.16.2; Planning Short, Transportation Mobility Committee, Impact Fee feasibility study. Account 3.15.1; 6.7.1 Ongoing Public Utilities for non -motorized transportation Board 162 facilities in the impact fee study and road financing study. Use results to determine new development's fair share of road costs. Implement the Denton Development 6.17.1; 6.17.2; Regulation Short Planning & DCTA Code to permit transit -supportive 6.18.1; 4.11.4 Development densities and intensities. Encourage and incentivize new development to include transit supportive elements adjacent to existing DCTA stations. This could include development in 163 mixed use areas, centers, and corridors, and are adjacent to existing DCTA stations. Include incentives and standards for new developments to include dedicated transit facilities and direct connections between transit stops and building entrances. Continue to coordinate with DCTA to 6.18.3; 6.10.2; Program On-going Economic DCTA, UNT, and further the expansion of transit links 4.2.5; 6.19.1; Development, TWU throughout Denton and to ensure 6.19.2; 6.19.3; Planning & that existing and future centers in 6.19.4; 6.19.6; Development Denton are accessible via transit. 8.7.7 and Allow DCTA to comment on new Transportation development applications with respect to transit -friendly features and impacts on transit operations. Work with DCTA to identify service 164 enhancements and the development of additional sub -hubs, such as the one at UNT, in Denton. Ensure that public transit needs for senior and people with disabilities are met. Provide incentives for new development to include transit - friendly features. Work proactively with DCTA to progressively improve transit service to encourage ridership by choice and not just by necessity. Perform a study of the feasibility of 6.22.1 Planning Mid Transportation DCTA 165 implementing trolley service in and Planning & Denton. Development Denton Plan 2040 10-47 298 p1 RP,. Llo�o 10-48 Implementation & Monitoring 299 Action Type Referenced :Responsible Program;Department , Actions and Capital; Outreach; ., ,., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Participate in the NCTCOG/MPO's 6.22.1; 2.15.1 Partnership On-going Transportation NCTCOG Regional Transportation Council, and Planning & technical committees and other Development 166 regional bodies to advocate for expanded regional transit service, particularly those services that expand and enhance regional connections to Denton. Continue to promote the use of the 6.22.2; 6.22.3 Partnership On-going Economic DCTA A -Train to travel outside of Denton, Development serve commuter travel, and link with and DART and other local transit Transportation 167 providers in the Metroplex. Work with DCTA to expand service of the A -Train and local routes to increase ridership and better serve the needs and schedules of the population. Create regulatory incentives to 2.6.4; 3.11.2; Regulation Short Planning & Texas Housing expand housing in and adjacent to 7.1.3 Development Department of 168 downtown though adaptive re -use, and Economic Community Affairs, utilization of upper stories and infill Development Community development. Development Advisory Committee Work with developers to increase the 3.12.2 Regulation, Short Planning & 169 stock of owner -occupied smaller Program Development residential units. Work with mixed use developers to 3.1.2 Regulation, On-going Economic 170 balance the need for sufficient Program Development workforce housing with market and Planning & feasibility. Development Support efforts of the key partners to 7.2.1 Partnership, On-going Community Denton Housing expand the availability of affordable Program Development Authority, Denton 171 housing for low -moderate income Affordable Housing residents through policies for mixed Corporation, and income neighborhoods and housing Habitat for development. Humanity 10-48 Implementation & Monitoring 299 Implementation & Monitoring 1 0 Denton Plan 2040 10-49 300 Action ,. RegResponsible Program;Depar tment bol Actions and Capital; Outreach; .,Referenced Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Assess the future feasibility of 7.2.2 Program Short Community Community continuing efforts of the Community Development Development Development Division to utilize grant Advisory Committee funding targeted to address the needs of low -moderate incomes and 172 distressed neighborhoods, with future action priorities adjusted based on community input for consistency with neighborhood conservation strategies for mixed income housing and neighborhoods. Update the Consolidated Plan for 7.2.3 Planning Mid, Community Local affordable Housing and Community On-going Development housing providers Development to continually gauge and service 173 the housing needs of Denton's low agencies, income and special needs Community populations. Development Advisory Committee Partner and collaborate with local 7.2.4 Partnership, On-going All Departments Local Organizations organizations and within City Program 174 departments to improve connections between home -related program resources and potential recipients and neighborhood groups. Assess the future feasibility of a 7.2.5 Regulation, Mid Community rental housing and multi -family Program Improvement inspection and registration program Services and 175 to ensure that rental dwellings are Community properly maintained for habitability Development and that existing rental units are not considered an impediment to fair housing in the community. Support efforts of key partners to 7.3.1; 7.3.3; Partnership, Short, On- Community Denton County address the needs of Denton's 8.7.4 Program going Development Homeless Coalition, homeless population. Create a plan United Way, Denton to identify and update the needs of County Behavioral 176 Denton's homeless population, Health Leadership including childhood homelessness, Team, Denton and identify key partners to aid in County Public implementation. Explore best Health Department, practices to bring innovative types of Balance of State housing for the homeless to Denton. Partner and collaborate with key 7.3.2 Partnership, On-going Community Healthy community partners and agencies to Program Development Communities 177 address mental illness needs which Coalition, MHMR, significantly contribute to and United Way homelessness. Denton Plan 2040 10-49 300 iUAA uo4-o 10-50 Implementation & Monitoring 301 Action (Pla Responsible Referenced Program;Reg,.,. , d and Capital; Outreach; .. (bolActions , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Encourage the development of 7.4.2 Regulation Ongoing Community Mayor's Committee options for senior housing and Development on Persons with 178 housing for persons with disabilities Disabilities, ARC, with a variety of unit types and REACH affordability choices, including ADA accessible and active adult settings. Partner with organizations and 7.4.3 Partnership On-going Community Mayor's Committee agencies to provide assistance and Development on Persons with connect needs and resources for Disabilities, ARC, 179 seniors and people with disabilities and REACH to be able to maintain single family homes and properties if they are able to live independently. Expand partnerships with nonprofit 7.5.1 Partnership Short, Community Habitat for housing providers such as Habitat On-going Development Humanity of Denton 180 for Humanity of Denton County and County and Denton Denton Affordable Housing to Affordable Housing encourage homeownership. Encourage UNT, TWU, and other 7.5.2 Partnership Short, Community UNT, TWU, and major employers to provide financial On-going Development Major Employers 181 incentives for home ownership, particularly in adjacent neighborhoods. Create residential design guidelines 7.7.1 Planning Short Planning & Planning and Zoning to improve aesthetic quality and Study Development Commission 182 variety, including materials, color palettes, and architectural features such as porches and other elements indigenous to the region. Create subdivision and 7.7.2 Planning Short Planning & Planning and Zoning neighborhood design guidelines Study Development Commission incorporating best practices, such as clustering homes around shared 183 open space (pocket neighborhoods) and other components of traditional neighborhood design (TND) including use of rear alleys, and orientation to streets with sidewalks and street trees. Conduct participatory neighborhood 7.7.3 Planning Mid Planning & planning efforts in older Study Development 184 neighborhoods to address opportunities to enhance character and livability. 10-50 Implementation & Monitoring 301 Implementation & Monitoring 1 0 Denton Plan 2040 10-51 302 Action Type Regula,. , Referenced Program;:Department , Actions and Capital; Outreach; ., ,., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Work with neighborhood 7.8.2 Planning Short, Community Neighborhood 185 associations to create a housing and Ongoing Development Associations neighborhood condition inventory and monitoring strategy. Provide opportunities to improve 4.5.1; 5.1.8; Program On-going Community DISD public, safety, health, and well-being 6.16.1; 7.8.2; Development, such as: 9.14.1 Transportation, ■ Improved walkability with Engineering and sidewalks in all neighborhoods, Community and the prioritization of "safe Improvement routes to school." Services • Expanded access to parks and 186 recreation, including development of abandoned properties as pocket parks and urban gardens. Improved neighborhood appearance through enforcement of dumping and property maintenance regulations and the removal of visual clutter. Apply neighborhood conservation 7.8.8; 2.9.5 Planning On-going Community Local Organizations strategies such as targeted code Development 187 enforcement, housing rehabilitation, and Community clearance of blighted properties, and Improvement the encouragement of mixed income Services housing and neighborhoods. Couple neighborhood conservation 4.14.1 Regulation, Mid Planning & Historic Landmark 188 strategies with local historic district Program Development Commission and historic conservation area and neighborhood stabilization policies. Link programming of plans for public 7.8.1; 2.6.2; Partnership Mid, Community School Districts, investments in parks, schools, and 2.7.1; 2.8.1; On-going Development Denton County community facilities consistent with 3.12.4 and Planning & neighborhood conservation Development 189 strategies, Compatibility Areas, the Consolidated Plan and Small Area Plans. Use existing and new public facilities as neighborhood anchors and activity centers. Work with the City of Denton 5.1.1; 7.10.1 Partnership Short, Parks & School Districts Department of Parks and Recreation On-going Recreation and and School Districts to match growth Planning & 190 projections and identified growth Development areas to ensure that schools and community facilities are sited in future growth centers. Denton Plan 2040 10-51 302 iUAA uo4-o 10-52 Implementation & Monitoring 303 Action (Plann Responsible ...Regula ,,., Actions and Capital; Outreach; ..Referenced .., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Collaborate with School Districts to 7.9.1 Regulation/ Short Planning & School Districts create siting guidelines for the Planning Development location of new schools and and Parks & 191 community facilities consistent with Recreation overarching land use and urban design policies. Revisit the practice of private development driving school siting. Work with DCTA, other transit 3.12.4; 4.12.2; Regulation/ Mid, Transportation, DCTA and School agencies and the City of Denton 4.15.2; 6.13; Planning On-going Engineering and Districts Transportation Department and 7.9.1; 7.10.1; Parks & Denton school districts to ensure 7.10.2; 7.11.3; Recreation that schools and community 7.13.1; 7.13.2 facilities are accessible via walking, 192 bicycling, and transit, including accessibility concerns for people with disabilities. Explore the viability of historic building reuse in housing new community facilities and programs. Locate school and school athletic facilities within or adjacent to neighborhood centers. Engage neighborhood residents in 7.11.1; 7.11.2; Planning, On-going Community School Districts the design and programming of new 7.12.3; 8.7.6; Program Development community facilities to match needs 8.8.8 and Planning & of distinctive communities and Development demographic groups. Include neighborhood and social services 193 and volunteer opportunities. Include needs for neighborhood and social services in the planning for and upgrading of community facilities. Include vocational and job training programs in both School Districts and City of Denton facilities to serve Denton residents. Conduct a study of all community 3.13.1; 3.13.2; Planning, Mid, Parks & facilities as part of the updated 5.3.1; 7.12.1; Program On-going Recreation and Capital Improvements Plan (CIP) to 7.12.2; 8.5.2; Planning & analyze the capacity for shared 8.6.2 Development services among existing facilities. 194 Include shared use spaces in plans for future community facilities. Co - locate community facilities close by to other community facilities when possible for land use and operational efficiency. 10-52 Implementation & Monitoring 303 195 196 Apply policies for the siting and co- 7.13.1 location of civic uses including ■ Co -locate school and school athletic facilities within or adjacent regional activity centers ■ Locate elementary school within neighborhood centers • Locate major recreational activity centers within or adjacent to regional activity centers, industrial, or mixed-use areas where possible. ■ Locate civic facilities along major corridors to prevent strip commercial development. • Encourage churches, service clubs and other quasi -public uses to co -locate within appropriate activity centers. • Ensure compatibility of civic use clusters by choosing locations that are suitable for multi -modal accessibility and neighborhood accessibility. Utilize overarching urban design guidelines for the design and planning of new municipal facilities. Include exemplary architectural details when constructing community facilities. Engage the community in the design and planning for new community facilities. Apply best practice sustainability standards, ensure that facilities are accessible via the open space and pedestrian network, and designed consistent with municipal lighting standards utilizing as much natural light as possible. Implementation &Monitoring r101 4.6.1; 7.9.2; 7.14.1; 7.14.2; 7.14.4; 7.14.5; 7.14.6; 7,14.7; 8.5.3; 8.6.3 Regulation, Program Program Short Short Planning & School Districts and Development Major Employers Planning & Development Denton Plan 2040 10-53 304 AURA uo4-o 10-54 Implementation & Monitoring 305 Produce a Health Impact 8.1.1; 8.1.5 Planning Long Planning & Denton County Assessment (HIA) for Denton Development following CDC guidelines and publish it online. Create an annual 197 Community Health Report Card featuring the progress of programs focused on community health and the findings of the initial HIA and publish it online. Partner and collaborate with Denton 8.1.2 Planning, Short All Departments Denton County County to create a health policy Partnership framework to be applied among 198 departments within the city and county including streets, utilities, planning, parks and recreation, and environmental services. Dedicate staff persons within the 8.1.3; 8.1.4 Program Mid Community NCTCOG; Denton City of Denton to oversee programs, Development County Health recommendations and guidance and Planning & Department focused on community health. Apply Development 199 the reference resources on community health including ULI and APA guidebooks, as well as the health-related recommendations of Vision North Texas created by NCTCOG. Create a robust public relations 8.2.1; 8.2.2; Partnership Mid - Long Community School Districts, campaign centered on community 8.2.3 Development Major Employers, health advocacy and promoting and Healthcare physical activity. Work with Denton Providers, Denton School Districts to promote County Health 200 awareness of healthy lifestyle Department choices within Denton schools. Work with major employers and healthcare providers to promote healthy lifestyle choices within Denton employment centers. Locate land uses according to the 8.3.2; 2.1.2 Regulation, Short Planning & Future Land Use Map (FLUM) to Program Development 201 ensure that sensitive land uses are not in conflict with health hazards, applying standards of environmental justice. 10-54 Implementation & Monitoring 305 Implementation & Monitoring 1 0 Denton Plan 2040 10-55 306 Action Type Regula,. , Referenced Program;:Department , Actions and Capital; Outreach; ., ,., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Continue to implement policies from 8.3.4; 8.1.6 Program On-going Environmental Denton's Sustainability Plan: Services, Parks Sustainable Denton (2020) regarding & Recreation and 202 expansion of community gardens Planning & and urban agriculture to promote Development access to healthy foods. Actively seek out and implement methods to make local food production easier. Update the HVA every five years. 8.4.1; 8.4.2 Planning Ongoing Fire Include consideration of gas well 203 drilling and production in the HVA and addressed by policies of the OEM. Plan and provide for police and fire 8.5.1; 8.6.1; Planning, On-going Fire and Police stations, offices, and supporting 8.6.4; 3.9.2; Program facilities adequate to support level 3.9.5 of service standards. Maintain public facilities and services to provide current levels of service to new development. Maintain response 204 time standards established by the National Fire Protection Association. Evaluate existing levels of service for all capital infrastructure to identify deficiencies and excess capacities. Regularly evaluate Public Safety response times to ensure efficient distribution of necessary public services. Continue to strengthen and grow the 8.5.5 Program On-going Police 205 City's neighborhood policing program. Provide connections to resources 8.6.5 Regulation On-going Fire and Police 206 such as permit assistance and tax rebates for tornado shelter purchases and installation. Focus on prevention programs to 8.6.6; Program On-going Fire and Police; heighten awareness, minimize loss, Building Safety and support a safer community. 207 Reduce the possibility of fire in commercial, industrial, and multi- family buildings through development review and a high- quality inspection program. Denton Plan 2040 10-55 306 iUAA uo4-o 10-56 Implementation & Monitoring 307 Action (Plann Responsible ...Regula ,,., Actions and Outreach; ..Referenced Capital; .., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Continue and strengthen the City's 8.6.7 Program On-going Fire and Police 208 participation in the National Incident Management System (NIMS). Work with existing Denton 8.7.1 - 8.7.8 Outreach Ongoing Community Local Organizations community groups to create a Development 209 dedicated campus facility for non- profit use and the provision of community services and programs. Establish a consortium among city 8.7.2 Planning Mid, All Departments Denton County and and county departments, School Ongoing School Districts Districts, and local youth -focused 210 non -profits to prioritize and create an action plan for identifying and updating the needs of Denton youth and identify key partners to aid in implementation of programs. Create a plan for identifying and 8.7.3 Planning Mid Community Denton County and updating the needs for combatting Development School Districts 211 substance abuse in Denton and and Police identify key partners to aid in implementation of programs. Include health education and 8.7.5 Outreach, On-going All Departments Denton County and preventative care guidelines in all Program United Way 212 programs serving communities of need. Establish a task force to create 8.7.8 Mid Planning & 213 policies to eliminate predatory Development lending practices in Denton. and Legal Establish a City of Denton staff 8.8.1-3 Governance Mid Community Local Organizations position to oversee volunteer Structure Development and United Way organization and mobilization. Work with non-profit groups to identify existing volunteer programs and 214 create a framework for identifying additional program needs. Regularly update and enliven the page on the Denton website advertising volunteer opportunities. 10-56 Implementation & Monitoring 307 Implementation & Monitoring 1 0 Denton Plan 2040 10-57 308 Action ,. RegResponsible Program;Department bol Actions and Outreach; .,Referenced Capital; Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Establish partnerships with UNT and 8.8.4-6 Partnership Mid Community UNT, TWU, and TWU and major employers to Development Major Employers, volunteer within the community. Denton County Work with Denton County Health Health Department 215 Department to continue and expand volunteer opportunities related to provision of health care and health Infrastructure education. & Utilities Provide efficient and effective 9.1.1; 3.9.1 Regulation On-going DME customer services by maintaining rapid response times to customer 216 outages, enhancing communication systems, developing automated meter reading capabilities, and improving system automation and analysis capabilities. 217 Seek cost-effective sources of 9.1.2 Program On-going DME Public Utilities power. Board Continue to identify, evaluate, and 9.1.3 Planning Mid DME Public Utilities invest in new technologies and Board 218 energies that can spur economic development, and continue to seek opportunities to incentivize the use of these technologies. Continue purchase policy for 9.3.1 Program Short Facilities, Public Utilities municipal lighting fixtures that are Environmental Board 219 energy efficient and where feasible Services and prioritize non-toxic, non -hazardous DME lighting equipment materials, avoid glare, spill light and energy waste Develop and adopt a street lighting 4.11.1; 9.3.2; Regulation/ Mid - Long Planning & Public Utilities 220 criteria plan and standards that are 9.3.3 Planning Development Board consistent with Dark Sky and DME recommendations. Ensure that communications 9.4.1; 9.4.2 Regulation On-going Engineering, Communication infrastructure, including fiber optic Tech Services Service Providers cables, are installed proactively to 221 keep up with demand as Denton grows. Install telecommunications infrastructure consistent with the Denton Development Code (DDC). Denton Plan 2040 10-57 308 AURA uo4-o 10-58 Implementation & Monitoring 309 Action Responsible(Pla Program;RegDepartment l Mid-ter ..represents ..bo lead Key . .. . Ongoing) Dept. Work with local businesses, such as 9.4.4 Program Mid Tech Services Chambers of Communication Services Providers, Commerce 222 via the Chambers of Commerce to sponsor free public wireless internet (Wi-Fi) and increase availability throughout the city. Establish maintenance regulations in 9.4.5; 9.7.8; Regulation On-going Engineering Public Utilities 223 the DDC that ensures long-term 9.8.9; 9.11.5 Board viability of infrastructure systems. Continue to enforce engineering 9.5.1; 9.5.2; Regulation Short, On- DME code requirements that facilitate the 9.5.3 going installation of underground distribution facilities for all new commercial and residential developments through the Denton Development Code. Pursue the 224 installation of underground distribution facilities along and adjacent to major entranceways. Fund the conversion of existing overhead electric facilities to underground on a fiscally responsible basis through electric service initiatives. Enforce criteria within the Denton 9.4.3; 9.5.4; Partnership On-going, DME and Communication Development Code that requires 9.5.5 Short Planning & Service Providers, service providers to convert existing Development Public Utilities overhead facilities to underground by Board adopting the same service criteria utilized by DME. New electric feeder 225 lines to major load centers may be installed overhead except in specially designated areas, or where existing electric, communications, and cable facilities have already been converted to underground facilities. 10-58 Implementation & Monitoring 309 Implementation & Monitoring 1 0 Denton Plan 2040 10-59 310 Action ,. Reg.. , Referenced Program; Department , Actions and Capital; Outreach; ., ,., , Action Related Items Partnerships) Ongoing)Key Dept. or Agency) Promote implementation of the Tree 9.5.6; 5.5.7 Regulation Short, Planning & Communication Code that encourages service Ongoing Development, Service Providers, providers (i.e., cable, telephone, DME and Public Utilities electricity, data communications, Engineering Board etc.) in the city to follow the same 226 service criteria utilized by Denton Municipal Electric regarding tree trimming and planting requirements to ensure compliance with national and state regulations related to electric safety. Review and consider renewing the 9.6.1 Program Short Water 227 city's untreated water supply contract with the City of Dallas. Coordinate regionally to achieve 9.6.2; 9.6.4; Partnership Short, On- Water and Local Water sustainable practices in conserving 5.8.10; 2.15.1 going Environmental Suppliers the water supply of North Texas, Services drought preparedness, and synchronized regional messaging. 228 Participate in regional water planning and secure water supply contracts with local water suppliers such as North Texas Municipal Water District, Tarrant Regional Water District and/or Dallas Water Utilities. Continue to implement the Denton 9.6.3 Planning On-going Water and Public Utilities 229 Water Conservation and Drought Environmental Board Contingency Plan to help reduce per Services capita water use. Identify and pursue new water 9.6.5 Planning On-going Water Public Utilities 230 sources as water supplies become Board more scarce and as water demands increase. Encourage community members to 5.8.12; 9.6.6 Outreach On-going Water, 231 employ best management practices Sustainable for water reduction such as use of Denton landscape irrigation improvements. Denton Plan 2040 10-59 310 AURA uo4-o 10-60 Implementation & Monitoring 311 Promote infrastructure capacity 9.7.1; 9.7.2; Program On-going Water, Public Utilities improvements to support infill 9.7.3; 9.7.4; Wastewater, and Board development, over new line 9.7.5; 9.8.6 Engineering extensions that expand the geographic coverage of the city's infrastructure systems. Work proactively to identify gaps in existing infrastructure to support connectivity of existing networks and reduce leapfrog development. 232 Anticipate future growth needs by oversizing water and wastewater distribution lines to meet future development. Upgrade infrastructure for treated water transmission and inflow/infiltration infrastructure improvements into newly developed areas. Continue to require residential and commercial developers to pay to extend water distribution infrastructure to service development areas. Continue to require residential and 9.7.3; 9.8.5 Program, On-going Water and commercial developers to pay to Regulation Wastewater extend water distribution and 233 wastewater collection infrastructure to service development areas. Include these requirements in the Denton Development Code. Balance new elevated storage tanks 9.7.6; 9.7.7 Planning Mid - Long Water to the existing elevated storage 234 tanks and allow for adequate refill rates. Build additional elevated storage over the next twenty years to accommodate future water needs. Ensure that water is treated and 9.7.9 Program Short, On- Water 235 distributed so that water quality going meets or exceeds all applicable State and Federal requirements. 10-60 Implementation & Monitoring 311 Implementation & Monitoring 1 0 Denton Plan 2040 10-61 312 Action ,. RegResponsible Program;Depar tment bol Actions and Capital; Outreach; .,Referenced Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Provide wholesale wastewater 9.8.1; 9.8.2; Outreach Short, On- Water, Denton County services to entities outside the 5.8.9 going Wastewater and Denton area in the Hickory Creek Environmental watershed to strategically protect Services the city's drinking water intake from wastewater pollutants. Continue to work with communities around 236 Lakes Lewisville and Ray Roberts to establish effective collection and treatment systems to alleviate potential water quality problems through active permitting, monitoring, and enforcement. Continue to monitor quality of Denton's drinking water and provide annual updates. Continue to identify locations for 9.8.3 Program Long, On- Wastewater Public Utilities wastewater facilities in areas that going Board 237 meet engineering criteria and are compatible with adjacent properties to the greatest extent possible. Maintain system integrity by 9.8.7 Program On-going Wastewater 238 prohibiting any connection to the city sewer system that is overloaded and continue pre-treatment programs. 239 Continue the pretreatment programs 9.8.8 Program On-going Environmental to improve influent quality. Services Ensure that wastewater collection, 9.8.10 Program Short, On- Wastewater treatment, and associated going 240 wastewater support activities meet all applicable local, State, and Federal requirements. Implement a targeted educational 9.9.1; 9.9.2; Outreach, Mid, Wastewater and program on the benefits of 9.9.3 Partnership Ongoing Public wastewater effluent reuse to high- Communications volume users. Engage in long-term partnerships that implement 241 wastewater effluent reuse. Expand and promote the capabilities of providing effluent to the industrial and commercial sectors as well as parks and golf courses for irrigation purposes. Evaluate additional biosolid recovery 9.9.4 Planning Short - Mid Wastewater and 242 options and expand DynoDirt product Solid Waste & production, as practicable. Recycling Denton Plan 2040 10-61 312 iUAA uo4-o 10-62 Implementation & Monitoring 313 Action (Plann Responsible ...Regula ,,., Actions and Capital; Outreach; ..Referenced .., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Continue to invest in expanded 9.9.5 Regulation On-going Wastewater and Public Utilities effluent use to industrial and Drainage Board commercial uses, and parks and golf 243 courses for irrigation purposes that will significantly reduce the use of potable water for non -potable purposes. Ensure that stormwater management 9.10.3 Program Ongoing Drainage and 244 meets all applicable local, State, and Environmental Federal requirements for both water Services quantity and water quality. Identify funding to provide low 9.11.1 Program On-going Drainage, impact drainage facilities by Engineering, and reserving a sufficient amount of land Environmental 245 for landscaping, green space, or Services other permeable areas based on fully developed watershed conditions in developments. Routinely review and revise 5.8.3; 9.11.1, Program, Mid Engineering and Public Utilities engineering standards for roads and 9.11.2, 9.11.3; Planning Environmental Board 246 stormwater systems to apply low- 9.10.2 Services impact design (green infrastructure) elements to improve the quality of stormwater runoff. Limit creation of new impervious 5.8.5; 9.11.1, Regulation Mid Engineering, surface areas as a result of new 9.11.2, 9.12.4; Environmental development through the adoption of 9.10.2 Services and low -impact design regulations and Drainage 247 incorporation of green standards (i.e. LEED) for new construction. Update impervious surface city inventories to inform utility drainage fee revisions. Continue to enforce the North 9.10.2; 9.11.2; Partnership, Ongoing Environmental NCTCOG Central Texas Council of 9.12.1; 5.8.5; Program Services and Government's (NCTCOG's) iSWM 2.15.1; 9.12.6 Engineering Criteria Manual for Site Development 248 and Construction and continue to participate with regional groups to identify and implement best practices per state and federal regulations. Coordinate drainage infrastructure 9.11.4; 5.7.3; Program Ongoing Drainage and 249 development with operational best 9.10.2 Environmental practices and the City's Watershed Services Protection Program. 10-62 Implementation & Monitoring 313 Implementation & Monitoring Update the Drainage Design Criteria 8.3.6; 9.12.2; Regulation Manual and Denton Development 9.12.3; 9.12.5 Code to address low impact development, including green infrastructure BMPs. Update the landscaping standards of the Denton Development Code to promote use of drought -tolerant plant materials 250 and water -efficient irrigation practices in all new development. Revise policies that allow use of man-made water features for decorative purposes only. Require polices that expand basin functionality such as for stormwater detention, irrigation water storage, wildlife habitat or other related purposes. Short, On- Environmental going Services, Drainage, and Planning & Development ri 0 Public Utilities Board 251 Promote low -impact development implementation to improve stormwater quantity and quality system -wide. 9.12.4; 5.7.5 Regulation, Program Short, On-going Environmental Services, Engineering, and Planning & Development Public Utilities Board Prevent any new structures from 9.13.1; 9.13.3 Regulation Short, Engineering and being constructed in the 100 -year On-going Environmental floodplain. For property located in Services the floodplain, affected undevelopable property may be 252 dedicated to homeowners' associations or directly to the city as a park or open space area as one lot. Remove existing structures from or adjacent to the 100 -year floodplain as opportunities come available. Denton Plan 2040 10-63 314 iUAA uo4-o 10-64 Implementation & Monitoring 315 Action (Plann Responsible ...Regula ,,., Actions and Capital; Outreach; ..Referenced .., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Preserve, protect and, where 9.13.4; 9.13.5 Regulation, Ongoing Engineering, possible, dedicate floodplains to the Program Environmental city in accordance with the city's Services, and Watershed Protection Program , a Parks & program to reduce pollutants within Recreation surface waters, and the Parks and Recreation Plan to accommodate 253 multiple functions for flood conveyance, transportation (trails), recreation and open space, habitat protection, and environmental preservation. Upgrade the flood monitoring system to include predictive flooding condition capabilities. Support Keep Denton Beautiful to 9.14.1 Partnership On-going Parks & Parks Board 254 engage Denton residents in creating Recreation a clean and beautiful city. Educate the community about waste 9.14.2 Outreach On-going Solid Waste & reduction, recycling, and reuse with a Recycling, welcoming facility at ECO-W.E.R.K.S Environmental that includes on-site engagement Services, and 255 through facility tours, a recycling Public education room at the Pratt Communications Materials Recovery Facility, compost demonstration gardens, and appropriate interactive learning opportunities. Continue to partner with School 9.14.3 Outreach On-going Solid Waste & School Districts, 256 Districts, UNT, and TWU to develop Recycling UNT, and TWU and present STEM "reduce, reuse, recycle" curriculum and programs. Seek out innovative partnerships 9.14.5 Partnership Short, On- Solid Waste & Local Organizations with community non -profits and going Recycling and Chambers of foster collaborations with Commerce organizations that share 257 environmental and waste reduction missions. Support business community relations through activity in organizations such as the Chambers of Commerce. Establish the Home Chemical 9.15.1 Capital Short Solid Waste & Collection Center as a regional Recycling 258 facility and maintain operation of the ReUse store to foster material reuse and recycling. 10-64 Implementation & Monitoring 315 Implementation & Monitoring 1 0 Denton Plan 2040 10-65 316 Action Type Regula,. , Referenced Program;:Department , Actions and Capital; Outreach; ., ,., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Maintain partnership with Pratt 9.15.2 Partnership On-going Solid Waste & Pratt Recycling Recycling for operation of the Recycling 259 materials recovery facility (MRF) at ECO-W.E.R.K.S., adding additional commodities to the single stream mix as opportunities arise Seek opportunities for additional 9.15.3 Program Short, On- Solid Waste & Major Employers public-private agreements to foster going Recycling, 260 development of new technologies for Economic recycling, energy production and Development, economic development in support of and DME city sustainability initiatives Standardize access to recycling 9.15.4 Program Short, On- Solid Waste & programs for every Denton resident going Recycling 261 in multi -family housing, and all commercial businesses through a Universal Recycling program. Target additional commercial and 9.15.5; 9.17.4 Program Short, On- Solid Waste & residential organic and food waste going Recycling and streams for composting. Expand on- Wastewater 262 site organics recovery, composting, or energy production with food wastes or recovered wood not appropriate for Dyno-dirt program. Support appropriate legislation that 9.15.6 Regulation On-going Solid Waste & reduces waste, litter, and illegal Recycling, Keep dumping; creates product Denton stewardship initiatives that require Beautiful, and 263 producer/retailer responsibility for Community the design and end -of -life of Improvement products; and increases the amount Services or feasibility of recycling opportunities. Require the site design of 9.16.1 Regulation On-going Solid Waste & commercial, multifamily, industrial, Recycling and and institutional land uses to include Planning & allocations and screening for trash Development and recycling collection containers, 264 and for other waste streams generated by the entity, meeting placement and vehicle approach specifications for safe, cost-efficient collections (both dumpsters and/or compactors). Denton Plan 2040 10-65 316 AURA uo4-o 10-66 Implementation & Monitoring 317 Action (Plann Responsible Referenced Program;Regular.. , Actions and Capital; Outreach; .. .., , Key Action Related Items Partnerships) Ongoing) Dept. or Agency) Partners Maintain Solid Waste & Recycling 9.16.2 Program On-going Solid Waste & vehicle fleet that utilizes efficient Recycling 265 technology to safely collect materials and that operates on clean fuels. Utilize technologies such as GIS, 9.16.3 Program Short, On- Solid Waste & RFID, and other routing programs to going Recycling 266 gather information about participation to target residential information, and maximize routing capability. Further incentivize residential and 9.16.4 Program On-going Solid Waste & commercial waste reduction through Recycling 267 expanded volume -based waste collection pricing and/or recycling participation. Expand and support pedestrian 9.16.5 Outreach On-going Solid Waste & waste and recycling receptacles in Recycling 268 walkways and public spaces, promoting a clean and green physical environment. 269 Develop initiative to improve gas- 9.17.1 Program On-going Solid Waste & generated from the landfill. Recycling, DME Maintain and improve groundwater 9.17.3 Program On-going Solid Waste & protection and monitoring systems, Recycling and methane collection and monitoring Environmental for off-site methane migration Services 270 prevention, collection and treatment of leachate, and management of stormwater to ensure that the landfill is operated without degradation of the environment. 10-66 Implementation & Monitoring 317 Matrix i F I -Y OF ou 319 , M y �I F i 4 I/ 319 ............................................................................................... The Denton OMMUNITY VISION Building on the foundation of the 1999 Denton Plan, our Vision of Denton in the year 2030 is one in which we are recognized as a vibrant community of choice. Denton is characterized by its two growing state universities, its friendly, small-town character coupled with its big-city dynamism, its commitment to sustainability, and its culture of innovation, creativity, and authenticity. Our exceptional livability, the : diversity of choices available to our people in employment, lifestyle, and neighborhood settings; and our North Texas values and culture define what Denton is and what we have to offer. We have realized our vision by respecting and building on our heritage, leveraging our assets, and making wise choices in guiding sound growth and investment, while balancing priorities for our four Strategic Directions: • The Character of Denton • Our People, Institutions, and Government • The Strength of Our Economy • Sound Growth: Our Form and Function : The Character of Denton : • Denton is authentic. Our small-town charm and, North ' Denton is safe and livable, a hospitable community of Texas heritage are proudly embraced along with friends and neighbors. positive change, smart and balanced growth, and r).-i- f rtl t it 4:-1 t' 't d ' t' high-quality development. • Denton is consciously green. We are a leader in our commitment to sustainability and we have • a significant tree canopy, a network of parks and greenways, stream corridors, and urban forests. Our People, Institutions, and Government : • We retain our sense of community and shared values, : while welcoming new arrivals and celebrating growing diversity. : • We are committed to fairness and equitable access to opportunity in education, community services, jobs, and government representation. : • All generations, of both natives and newcomers, : are deeply rooted in the community and are actively engaged in its betterment through volunteer participation with faith -based, civic, and/ • or neighborhood organizations and service on local government boards and commissions. • We cherish our artists and musicians and celebrate our • community in local events and festivals that reflect the uniqueness of the community. n is e i e erre ory urea roi y an innova ion in our vibrant music and arts scene, technology, business, and education. education, healthful recreation, and opportunities for challenging and rewarding employment and engagement in civic affairs. • The City of Denton's institutions of higher learning, UNT andTWU, are partners with government, civic organizations, and local employers in initiatives to foster creativity in the arts, innovation, a strong economy, life-long learning, and the retention of the best and brightest. • The City of Denton government is customer -friendly and prides itself on its transparency and open communication, utilizing modern technology, its efficient provision of public services and facilities, and through its leadership in seeking to realize the Vision of Denton's future. • The City of Denton is a healthy, family -friendly The City of Denton has integrated, reconciled, • community which sees its youth as its most valuable and streamlined its plans, processes, policies, and resource; a resource worthy of investment in regulations for consistency, clarity, and effectiveness. ................................................................................................ page 14 320 ...............................................................................................� S T A T E M E N T ev o�re ft 6 Lao: The Strength of Our Economy • We leverage our strategic location, universities, We support and encourage our entrepreneurs and and medical institutions, as a national leader in small businesses with a business -friendly attitude and technological and knowledge-based innovation, efficient regulations and permitting. : allowing us to attract and retain a highly educated and : motivated workforce. • We leverage our strategic location and multi -modal accessibility in the Metroplex and capitalize on key assets such as the Denton Enterprise Airport. • We value and support our major manufacturing employers and other responsible corporate citizens to ensure their stability, encourage their commitment to Denton, facilitate their expansion, and leverage their presence by accommodating their suppliers, supporting businesses, and workers. We market our Denton "brand;' our unique, creative atmosphere and small town quality of life, which attracts a highly educated and motivated workforce and gives Denton a competitive advantage in attracting new investment, entities, and well -paying jobs. • We attract corporations and businesses which have a strong sense of corporate responsibility to the environment, the community, and their governance and who take active roles as being excellent corporate citizens. Sound Growth: Strengthening Our Form and Function Throughout Denton we see... • Managed, balanced, and sustainable growth in high- quality, livable urban, suburban, and rural places which offer diverse choices among neighborhood settings while respecting private property rights. • A compact development pattern which includes expanded areas of mixed use, a broad array of housing and retail choices responding to changing demographics and market preferences, and re- investment and infill in underutilized areas of the city. • An efficient transportation system with a safe and well-connected road network which accommodates a wide array of mobility options, including local and commuter rail transit, as well as accommodations for pedestrians and cyclists. • Special attention paid to our major travel corridors (ex. 1-35, US 380, and Loop 288), both aesthetically and functionally, representing Denton's character, brand, and excellence. • Infrastructure systems which have undergone well- planned, staged expansion to serve and manage the city's growth. In the core of Denton we see... A vibrant Downtown Denton, energized with new housing, shopping, arts, and entertainment, supporting day and nighttime activity and a true urban lifestyle — Denton style. • Established neighborhoods where revitalization and compatible infill development contributes to stable, livable, and historic character, and fosters neighborhood pride and homeownership. • Thriving universities where coordinated planning and collaborations between the City and the academic communities creates mutually beneficial, stable, and healthy neighborhood edges and where the non-academic community benefits from the vast educational and cultural resources in close proximity. In our rural fringe areas of the city and the Extraterritorial Jurisdiction (ETJ) we see... • Contiguous, staged growth which is fiscally and environmentally sound, reduces fragmentation and sprawl, discourages premature development, and conserves the City's future growing room. • Parks, greenways, stream corridors, tree canopy, and Conservation development which retains rural character, protects open space and greenways, other natural resources integrating into the fabric of the community and contributing to healthy lifestyles. enhances development value, and provides greater choices to land owners. • Environmental stewardship through water Potential safety and compatibility impacts presented conservation, positive contributions to regional air by hazardous activities, such as gas well drilling and quality, sustainable development practices, green production, mitigated to protect neighboring persons infrastructure, and renewable energy. and property. .............................................................................................»% n... 321 Development of the Community Vision Statement The Community Vision Statement is an expression of the community's collective values and aspirations and a description of what the community wants to become in the future, answering the question "What do we want Denton to be in 2040?" As the "final destination" for the Denton 2040 Comprehensive Plan update, the Community Vision Statement was reviewed and affirmed in the planning process in order to provide the central framework for guiding the development of policies and strategies. The Community Vision Statement is organized around four Strategic Directions and is based on clear areas of citizen consensus. In each of the Elements of the Comprehensive Plan, the phrases of the Vision Statement that specifically impact the policies of that Element are restated in the introduction. It is important to note that throughout the Comprehensive Plan, each of the goals and policies have its foundation in the Community Vision Statement, and by representation, the voice of the community. The Denton Community Vision Statement Building on the foundation of the 1999 Comprehensive Plan and the Denton Plan 2030 update, our Vision of Denton in the year 2040 is one in which we are recognized as a vibrant community of choice. Denton is characterized by its two growing state universities, its friendly, small-town character coupled with its big -city dynamism, its commitment to sustainability, and its culture of innovation, creativity, and authenticity. Our exceptional livability, the diversity of choices available to our people in employment, lifestyle, and neighborhood settings; and our North Texas values and culture define what Denton is and what we have to offer. We have realized our vision by respecting and building on our heritage, leveraging our assets, and making wise choices in guiding sound growth and investment, while balancing priorities for our four Strategic Directions: ■ The Character of Denton ■ Our People, Institutions, and Government ■ The Strength of Our Economy ■ Sound Growth: Our Form and Function 1-10 Plan Framework 322 Plan Framework The Character of Denton ■ Denton is authentic. Our small-town charm and, North Texas heritage are proudly embraced along with positive change, smart and balanced growth, and high-quality development. ■ Denton is consciously green. We area leader in our commitment to sustainability and we have a significant tree canopy, a network of parks and greenways, stream corridors, and urban forests. ■ Denton is safe and livable, a hospitable community of friends and neighbors. ■ Denton is fertile territory for creativity and innovation in our vibrant music and arts scene, technology, business, and education. Our People, Institutions, and Government ■ We retain our sense of community and shared values, while welcoming new arrivals and celebrating growing diversity. ■ We are committed to fairness and equitable access to opportunity in education, community services, jobs, and government representation. ■ All generations, of both natives and newcomers, are deeply rooted in the community and are actively engaged in its betterment through volunteer participation with faith -based, civic, and/or neighborhood organizations and service on local government boards and commissions. ■ We cherish our artists and musicians and celebrate our community in local events and festivals that reflect the uniqueness of the community. T i I ■ The City of Denton is a healthy, family -friendly community which sees its youth as its most valuable resource; a resource worthy of investment in education, healthful recreation, and opportunities for challenging and rewarding employment and engagement in civic affairs. ■ The City of Denton's institutions of higher learning, UNT, TWU and NCTC, are partners with government, civic organizations, and local employers in initiatives to foster creativity in the arts, innovation, a strong economy, life-long learning, and the retention of the best and brightest. ■ The City of Denton government is customer -friendly and prides itself on its transparency and open communication, utilizing modern technology, its efficient provision of public services and facilities, and through its leadership in seeking to realize the Vision of Denton's future. ■ The City of Denton has integrated, reconciled, and streamlined its plans, processes, policies, and regulations for consistency, clarity, and effectiveness. Denton Plan 2040 1-11 323 The Strength of Our Economy ■ We leverage our strategic location, universities, and medical institutions, as a national leader in technological and knowledge-based innovation, allowing us to attract and retain a highly educated and motivated workforce. ■ We leverage our strategic location and multi -modal accessibility in the Metroplex and capitalize on key assets such as the Denton Enterprise Airport. ■ We value and support our major manufacturing employers and other responsible corporate citizens to ensure their stability, encourage their commitment to Denton, facilitate their expansion, and leverage their presence by accommodating their suppliers, supporting businesses, and workers. ■ We support and encourage our entrepreneurs and small businesses with a business - friendly attitude and efficient regulations and permitting. ■ We market our Denton "brand", our unique, creative atmosphere and small town quality of life, which attracts a highly educated and motivated workforce and gives Denton a competitive advantage in attracting new investment, entities, and well -paying jobs. ■ We attract corporations and businesses which have a strong sense of corporate responsibility to the environment, the community, and their governance and who take active roles as being excellent corporate citizens. Sound Growth: Our Form and Function Throughout Denton we see... ■ Managed, balanced, and sustainable growth in high-quality, livable urban, suburban, and rural places which offer diverse choices among neighborhood settings while respecting private property rights. ■ A compact development pattern which includes expanded areas of mixed use, a broad array of housing and retail choices responding to changing demographics and market preferences, and re -investment and infill in underutilized areas of the city. ■ An efficient transportation system with a safe and well-connected road network which accommodates a wide array of mobility options, including local and commuter rail transit, as well as accommodations for pedestrians and cyclists. ■ Special attention paid to our major travel corridors (ex. 1-35, US 380, and Loop 288), both aesthetically and functionally, representing Denton's character, brand, and excellence. ■ Infrastructure systems which have undergone well-planned, staged expansion to serve and manage the city's growth. ■ Parks, greenways, stream corridors, tree canopy, and other natural resources integrating into the fabric of the community and contributing to healthy lifestyles. ■ Environmental stewardship through water conservation, positive contributions to regional air quality, sustainable development practices, green infrastructure, and renewable energy. 1-12 Plan Framework 324 Plan Framework In the core of Denton we see... ■ A vibrant Downtown Denton, energized with new housing, shopping, arts, and entertainment, supporting day and nighttime activity and a true urban lifestyle — Denton style. ■ Established neighborhoods where revitalization and compatible infill development contributes to stable, livable, and historic character, and fosters neighborhood pride and homeownership. T i I ■ Thriving universities where coordinated planning and collaborations between the City and the academic communities creates mutually beneficial, stable, and healthy neighborhood edges and where the non-academic community benefits from the vast educational and cultural resources in close proximity. In our rural fringe areas of the city and the Extraterritorial Jurisdiction (ETJ) we see... ■ Contiguous, staged growth which is fiscally and environmentally sound, reduces fragmentation and sprawl, discourages premature development, and conserves the City's future growing room. ■ Conservation development which retains rural character, protects open space and greenways, enhances development value, and provides greater choices to land owners. ■ Potential safety and compatibility impacts presented by hazardous activities, such as gas well drilling and production, mitigated to protect neighboring persons and property. Denton Plan 2040 1-13 325 W 2.1 Maintain an updated Existing Land Use Map ca J CITY i7F "' DENTON w N 2.2 Utilize the Preferred Growth Concept Map and the FLUM to guide all development review -arid re wing aetiens applications within the plan horizon. 2.3 Provide expanded flexibility for mixed-use by implementing the ,-FeatiGR „4 mixed-use future land use designations that reflect the priorities of the Denton community and reflect current market conditions. 2.4 Revise u5• the Denton Mobility Plan and Capital Improvement Plan (CIP) to coordinate mobility and infrastructure planning to be consistent with the Land Use Element qRd- the -Preferred -Grov"P'th revRe + (FEV 2 9 nn 6.1.1, 1U 9 r024 2.5 Improve coordination with other entities to implement the goals and policies of the Denton Plan 2030. 2.6 Promote further mixed-il- development, diversification, and intensification of Downtown Denton (DP p. 23). W 2.7 Encourage collaborative planning for development and redevelopment surrounding UNT, TWU, and other major institutions ca 2.8 Create incentives and regulatory tools to promote new development or J redevelopment of prieFity keN centers and corridors. C1TY i7F DENTON w N 2.9 Promote the stability and livability of established neighborhoods through the creation of guidelines for compatible infill and the removal of impediments to redevelopment. 2.10 Promote the stability, quality, and functionality of commercial and employment areas through improved development standards and by addressing obsolescence. ca J I lcoltTyww� DENTON W N Co 2.11 Promote development of Master Planned Communities (MPCs) and Planned Deve,up, ,--nt_ that +s are consistent with the long-term vision of the Prefer -n -n ( Fewth Geneept FLUM. 2.12 Expand the city limits through annexations at a rate consistent with the city's growth rate and the demand for additional land, .,asea on tiscai impact and feasibility and cost-effectiveness of the provision of city infrastructure and es, and se es P cn services eensistent with the City's 2.13 Ensure proper and orderly development of both surface uses and mineral interests within the City's boundaries and extra -territorial jurisdiction under J current conditions. (CHS 8.5.1) 2.14 Protect rural character and scenic open space at the city's Edge to promote the achievement of the Preferred Growth Concept and the FLUK . 2.15 Support greater intergovernmental coordination to address common issues of growth management and resource conservation and provision of public facilities and services. �r 2.16 Support designated future land uses within the Strengthen City oversight it OF DI Extraterritorial Jurisdiction (ETJ) to control the extent and character of development in the city's periphery. w N Continue to facilitate and support desired forms of development and improved standards for urban design and placemaking. 2.18 Set a high standard of quality in the design of the public realm to enhance appearance and functionality. ca J C1TY i7F DENTON w w 0 GOAL LU -6: Grow with Balance: Establish land use designations that respond to the growing needs and character specifications of the Denton community. Draft Denton 2040 Comprehensive Plan Goals and Policies 6 �V E 0 0 V W CITY i7F "' DENTON w w N 3.1 Use the Future Land Use Map (FLUM), the 2020 Economic Strategic plan, a. the 2021 Affordable Housing Net -Js Market Value Analysis to ensure adequate development areas exist to support a self-sustaining economy with a diversity of live/work/play development opportunities. 3.2 Ensure the development of new workplaces that are close to and complement surrounding residential, civic, and recreational land uses. 3.3 Ensure consistency between the City's existing regulations and policies and the 2020 Economic Development Strategic Plan for identifying and recruiting target industries. Update the City's 3 i eyelepmnnt strategy to identify ,�-rctotadt . �_�e 3.4 Improve the workforce opportunities for the resident labor force and local 0 university graduates. V_ E 0 c C1TY i7F DENTON w w W 3.5 Create a Citywide Branding and Placemaking Strategy that is consistent with the design standards of approved documents. 3.6 Work with organizations to design, promote, and advertise events for Downtown. 3.7 Maintain a balance of revenue sources that supports desired levels of service, while remaining inviting to development. V_ E 0 C 0 V W M C V L� C1TY i7F DENTON w w V .E O r. O V W r C1TY i7F DENTON w w 3.8 Integrate land use and infrastructure investment decisions to maximize utilization of existing infrastructure. 3.9 Update the Capital Improvement Plan (CIP) annually to prioritize the implementation of the Comprehensive Plan. Dem ^ter -2020 (LIJ 2.4 3.10 Utilize fiscal tools that incentivize development while offsetting its cost to the community. 3.11 Review and adopt Adept land use regulations to support infill development and redevelopment efforts in the developed core. 3.12 Encourage more dense development to increase market feasibility and create vibrancy. 3.13 Improve partnerships and collaboration with other governmental entities to implement the goals of the Comprehensive Plan Denten Plan 2030 (LU 2.5 3.14 Work with developers to share the cost of necessary public service 11 investments. C1TY i7F DENTON w w 3.15 Establish dedicated revenues to fund necessary expansions of capital infrastructure to accommodate growth. trr �i ENTO 1 W W V 4.1 Expand Denton's evaluation of historic landmarks, districts, neighborhoods, and -ultura resources oV utilizing the 2019 Historic Preservation Plan. 4.2 Identify the unique areas, including gathering and green open space areas, within the city that highlight Denton's sense of place and urban vitality. y� ENTON 4.3 Actively preserve and maintain Denton's existing and future identified historic resources �n conformance with the.Roals and policies in the 2019 Historic Nreservation Nan. 4.4 Provide local financial incentives for historic preservation in Denton. 4.5 Ensure proper and sustained maintenance of Denton's historic resources, neighborhoods, and community centers. C bA N i ca LM 1 4.6 Promote a sense of urban vitality throughout Denton by providing ho Iw y� ENTON opportunities for public art. 4.7 Promote a sense of urban vitality throughout Denton by providing venues for performing and visual arts and music events. 4.8 Bolster the role of arts and music in Denton's economy. 4.9 Promote the historic identity of Denton as an economic asset and tourism potential. 4.10 Provide places for community gathering, the expression of individual neighborhood diversity, and Denton's unique character throughout the city. C bA N i LM W O 4.11 Create new guiding policy to integrate urban design objectives with other planning mechanisms, such as land use, zoning and subdivision regulations, historic preservation, economic development, and environmental protection. 4.12 Elevate community character in Denton by creating fee ed plans -Area ridi, for areas undergoing new development, in need of revitalization, and established neighborhoods. 4.13 Elevate the appearance of the public realm in Denton through high-quality urban design guidelines for the public rights-of-way and spaces. 4.14 Link Denton's public realm together through a unified network of public spaces. Draft Denton141 Comprehensive Plan Goalsand Policies yi• ENTO 1 4.15 Establish Urban Design Principles to guide all future development in JP6 y� ENTON Denton. 4.16 Include additional guidelines for specific land uses, in addition to overarching Urban Design Principles (Table 4.1), to ensure desired community character is achieved with variations for use. 4.17 Establish design guidelines for Focus Areas to aid in design review for key intersections and destinations in Denton, with the intention of creating Small Area Plans and corresponding Overlay Districts. (LU 2.8.1, 2.8.2) i CU E C O L W O LM CU O V c 71 UENTON W N 5.1 Provide for the development of superior park facilities in a range of types and sizes, per city standards, to meet Denton's population growth. (n�1104 5.2 Coordinate acquisition of parks and open space with goals for urban design, mobility, infrastructure, and environmental conservation objectives. (DP p.1144 5.3 Develop parks, open -space, and recreation facilities in a manner that is most cost-efficient for capital and operating expenses and coordinated among city departments, adjacent municipalities, DISD, and local institutions and recreation providers. (DP p.112, HN :7.1-34 i CU E C O L 05C W C O ca LM CU 0 C O V c 71 UENTON w w 5.4 Promote the formation of a cohesive, broad green infrastructure framework for the city that links open space and natural resources, incorporates goals for land conservation and management, and retains the rural and natural character of Denton. 5.5 Ensure the protection of Denton's tree canopy as an essential element of Denton's cohesive, broad green infrastructure framework. 5.6 Promote the retention of essential ecosystems and habitat in Denton's land conservation strategies. (Pp. 1024 i Cu E C O L 05C W O ca LM Cu 0 C O V c 71 UENTON 5.7 Uphold regional air quality goals through conservation strategies that improve air quality in Denton and the region. (Pp. 1.024 5.8 Incorporate water management and floodplain preservation strategies into conservation prioritization to improve water quality and maintain the functioning of natural systems. (DP p.1064 i CU E C O W i C TY 71 _uE N TOlel W 01 5.9 Further the incorporation of green design standards for new construction and improvements to existing buildings and the public realm. (CC Table 44) 5.10 Further the incorporation of low -impact development for the site design. 5.11 Ensure that renewable energy actions are an element of the sustainability framework for the City and a basis for an updated Sustainability Plan. 5.12 Ensure that solid waste and recycling goals are an element of the sustainability framework for the City. 5.13 Ensure that local food production continues to be at the forefront of the sustainability framework for the City. 4(01r, ' tYAWWIM� DENTON 6.1 Pursue new corridors and improve existing corridors in a manner consistent with the Roadway Component of Denton Mobility Plan. 6.2 Implement the Mobility Plan as it relates to safety. 6.3 &.4 Promote street networks and connectivity for the efficient distribution and movement of motor vehicles, bicycles, and pedestrians. Pursue a coordinated land use and mobility strategy to reduce motor vehicle trip lengths and reduce the need for motor vehicle trips. 6.5 &.4 Maintain adequate levels -of -service for travel on Denton's streets. r' Use access management as a strategy for maintaining road safety and capacity. *� r 6-, Develop a street network that is compatible with and enhances Denton's community character implementing the Mobility Plan. O ro 6., Ensure adequate revenue to build and maintain roads. t..... o -.-b Engage in ITS strategies as a way of making Denton's transportation systems more efficient and safer. C1TY i7F DENTON W 4 6.10 " Use TDM strategies to make efficient use of motor vehicle travel, reduce impacts on road infrastructure, parking, and the environment and to make transportation more affordable. *. 6.1164-9 Pursue a balanced parking strategy that provides reasonable accommodations and minimizes environmental and land use impacts. O 6.12 6.11 Implement a comprehensive transportation and mobility approach that minimizes air quality impacts. 6.13 642- Ensure that Mobility continues to be at the forefront of the sustainability framework for the City. i7F DENTON W C* F 1 A&4-2, Provide for the safe and efficient movement of freight to preserve and enhance its contribution to Denton's economy. rW, DENTON w to a-+ r.I ue F 6.15 644 Use the Mobility Plan, updated Parks, Recreation, and Trails System Master Plan Use the Bicycle and Pedestrian Linkage Component of the Mobility and regional plans to guide the placement of facilities and educate residents on walking and cycling in Denton. 6.16 645 Ensure that future road designs incorporate bicycle and pedestrian design features as desired and appropriate. 6.17 a Encourage new development to create pedestrian- and bicycle -friendly places. facilities. Ensure adequate revenue to build and maintain pedestrian and bicycle rW, 14 6.19 649 Promote a land use pattern that makes transit convenient and feasible. 6.20 64-9 Encourage new development to create transit friendly places. 6.216-40 Coordinate with DCTA and other Denton -area transit providers. 6.22 6,24 Coordinate with placemaking and cultural promotion strategies. 1 6.23 6-.2-2 Explore the potential for initiating trolley service in Denton. 6.24 6-43 Continue to be an advocate for regional transit service. Draft Denton 2040 Comprehensive Plan Goals and Policies 26 DENTON C1TY i7F DENTON w N 7.1 Promote development of higher density housing as part of mixed-use development in Denton's urban core, including Downtown, the Downtown and Neighborhood/University Compatibility Areas, and in designated centers and corridors outside the urban core. (DP r !224 7.2 Expand the availability of affordable housing choices for community members most in need of housing, including those with low incomes and special IM _ � �"Air 0311 7.3 Expand the availability of affordable housing choices for community members most in need of housing, including the homeless. (DP p.1224 7.4 Expand the availability of housing choices for existing and potential community members most in need of housing, including seniors. (DP p. 1 224 ca C O 7.5 Support expanded opportunities for home ownership to encourage or neighborhood stability and reduce blight. C1TY i7F DENTON w W 7.6 Encourage innovative housing development in mixed-use centers and corridors, Master Planned Communities (MPCs), and through residential development in rural areas that protects rural character. 7.7 Establish tools and strategies to enhance the quality and character of housing and neighborhoods. C1TY i7F DENTON w 46 7.8 Promote the stability and livability of established neighborhoods through z,,e PLUM arta comprehensive neighborhood conservation program. (DP p.1224 7.9 Improve the livability of Denton's existing neighborhoods with investments in or improved infrastructure, services, and .--. amenities. (DD p. 122} C1TY i7F DENTON 7.10 Ensure that schools, libraries, community centers, and senior centers are sited equitably to service all of Denton's neighborhoods. 7.11 Concentrate community facilities in transit -accessible areas and walkable communities to increase greatest potential for access and contribution to community health. ca W 3 O 7.12 Use community centers, senior centers, schools, and libraries as a means of IF enhancing and highlighting neighborhood distinction and sense of community. 7.13 Provide joint -use of facilities in order to encourage community unity and ensure cost efficient maintenance. C1TY i7F DENTON 7.14 Combine community facilities for the most efficient use of resources. {GE 7.15 Enhance community character through well designed community facilities. It y� ENTON w V 8.1 Establish a comprehensive framework to promote healthy communities. 8.2 Enhance public awareness for community health goals. 8.3 Link healthy community goals and polices throughout the Comprehensive Plan and to Denton's Sustainability Plan. L4 y� ENTON w 0o 8.4 Ensure effective disaster preparedness for natural and manmade disasters. 8.5 Ensure adequate police services to protect the health and safety of the Denton Community and business population. 8.6 Ensure adequate fire and emergency prevention and response to protect the health and safety of the Denton Community and business population. 8.7 Establish a framework for the formation of programs to serve Denton's 16 communities of need. y� ENTON w co 8.8 Proactively identify and organize volunteer opportunities within the city that will link Denton residents with opportunities to serve their fellow citizens. 0 "1 9.1 Seek economically favorable sources of power and continue to develop programs to increase operational efficiency to offer stable and competitively - priced electric rates and exceptional customer service compared to the deregulated market. 9.2 Seek cost-effective opportunities for expanding DME's renewable portfolio. 9.3 Continue to advance the use of municipal lighting fixtures that direct illumination efficiently, reduce nuisance lighting problems, and enhance views of the nighttime sky. (DP p.1674 9.4 Coordinate with service providers to ensure availability of communications infrastructure throughout the city. 9.5 Install underground electric distribution facilities wherever practical. 4CU F Tr Draft Denton-. DENTON w 0 0 "1 L� C1TY i7F DENTON 9.6 Develop long-term water supply contracts and reduce per capita water use to ensure adequate water supply. 9.7 Develop and operate water infrastructure in cooperation with other entities so that it is safe, reliable, cost effective, limits negative environmental impacts, and sufficient to meet future demands. (DP p.1514 0 L� C1TY i7F DENTON w N 9.8 Develop and operate wastewater infrastructure in cooperation with other entities so that it is safe, reliable, cost effective, limits negative environmental impacts, and is sufficient to meet future demands. 9.9 Expand resource recovery options within the wastewater system. 0 "1 c i7F DENTON w W 9.10 Protect the quality of surface water from the negative impacts of erosion, flooding, and pollution. 9.11 Upgrade substandard drainage systems in a way that incorporates green infrastructure BMPs and watershed system -level site design. 9.12 Apply low impact development criteria, including green infrastructure practices approved as part of the city's Watershed Protection Program, to new development and redevelopment projects. 9.13 Protect the 100 -year floodplain to reduce flooding and improve water quality. GOAL IU -5: Protect public and environmental health and conserve natural resources through waste minimization, materials reuse, and maximum material recovery; enhance community appearance and control costs with efficient collection of solid waste and recycling. Draft Denton 2040 Comprehensive Plan Goals and Policies 39 FIGURE 1.2 Preferred Growth Concept t-Ity Denton RESIDENTIAL Lake Ray Roberts - ation Agreemen Ar a Moderate -Density 1,i Existin Development, ,` Employment Primarily Residential Highwa Mixed Use (incl. Residential, Primarily Commercial/Retail and Primarily Jobs Major oad Commercial/Retail, and Jobs) Office)obs Railroa Single -Family, Limited Commercial T—homes, Apartments, Moderate Mixedd-Use Apartments above Commercial, MidRiseOffice, Office, High Mixed -Use -- - Planne Road t c Placem Icing & Urban ~ Vitality enter •. . Insituti nal/ Em yment IMP Center °� Gree n ra truct r E r e i ♦ I 1' I u . • 77 - - 288 m ��� :• 1'L Y' INDS /sI W ,1_ - ' bF•`�...�♦♦ ., ♦� o ♦ 377 380 _ •♦.f(� NIVERSITY •♦ • �`�Q �♦ i ; N , ?. • ' f -- 288 u A ' 19I Al. •• of �� Lake Lewisville ELA FM 2449 �P �� • 377 �♦ . n ' i ROBSON RANCFT• qL X1 Source: City of Denton r Lawest Degree ofr y Mixed -Use RESIDENTIAL Highest Degree of y Mixed-use NON-RESIDENTIAL Lawest Degree of Mixed -Use Low -Density Moderate -Density High -Density Commercial/Retail Employment Primarily Residential Mixed Use (incl. Residential, Mixed Use (incl. Residential, Primarily Commercial/Retail and Primarily Jobs Commercial/Retail, and Jobs) Commercial/Retail, and Jobs) Office)obs Single -Family, Limited Commercial T—homes, Apartments, Moderate Mixedd-Use Apartments above Commercial, MidRiseOffice, Office, High Mixed -Use Town Centers, Limited Mixedd-Use Office, Job Centers, Md -Wel, Limited Residential 365 366 • • • , , 35 1 1 r ,o n 0 D owl -D 11► WA . _:::.::: -10 I loll Ami mommo::NUNN �:E�:. _ ON I , J I 1 I F— / l o � � l DJ 35 � t• 1 _ rrAJA111 � — 1 111■ - - ,'PA -, ■ - D --- - - m , 0.1 MINIM D -- Ll - 35 SUMMONS ISO . Min 0 II�� •' �� For, D o D _ ff — � ,� . �_- 'W NINE �.■fir. Will I - ON mom MINE SEE o D o -D , ., —7711■■■ . ° .��� �r \.35E • . / �.r , r e SEMEN NOUN 35EEl ME N .. IMMUNE o: Ell -1 J � 35E ' _ I MINN Lo 'Mow, • / r:1 � �� a �, � /►�I _���—��_ ONES No111 1 NINE 1 SUN 35E INSE � J I � _MISS Wall -�q • -. • •• ••• • •. •- = ane=:_-.•=:,_I!:� .,..��� ' I-- Il�i�n �i {I • • � . � � � • • \_CaGlllll�l_�:c:�' �•II iilil`' _ICU, - • 1- Ill��i w _� • 1 • • • • . • . • • • . / 11 I , 366 Land Use l i'l—_ Policies and Actions Table 2-2. Future Land Use Designations Agriculture land in active aariculture uses for preservation. including ranchland, field crops, and other similar agricultural uses. This may also include rural commercial uses, alternative energy generation, and accessory structures to support agricultural uses and uses that support agritourism. This cater may include large lot residential (a minimum of one unit cer ten acres). Residential development in this future land use category will continue the present character of the rural and agricultural areas of Denton with low -profile homes of no greater than two stories, generous lots and setbacks, and materials that complement the natural surroundings and ranch heritage_ This category includes farms and ranches as the predominant use along with rural !��^, residential la minimum of one unit per five acres) and rural commercial including feed stores, farm equipment, etc. This land use may allow lots as small as one acre under the gross density provision to allow for conservation development which clusters smaller lots while permanently protecting scenic rural open spacelthrough conservation easements). This land use may also include single-family homes on large lots, which is suited for areas on the periphery of the city that complement a more suburban type of development. Development in this future land use category will continue the present character of the rural areas of Denton with low -profile homes of no greater than two stories, generous lots and setbacks, and materials that complement the natural surroundings and ranch heritage. Low This category includes the city's predominantly single - Residential family neighborhoods, with lot sizes ranging from one acre or more in rural fringe areas up to four units per Denton Plan 2040 35,594 33% _ 4,556 7° Formatted: Underline, Font color: Accent 2 Formatted: Underline Formatted: Underline, Font color: Accent 2 Formatted: Underline 37,746 35% 3,703 6% _ _ Formatted: Font color: Red, Strikethrough Formatted: Underline, Font color: Accent 2 Formatted: Underline, Font color: Accent 2 3,440 3% 15,960 25% 2-19 367 AuAk UA6 acre gross density throughout many of the city's suburban subdivisions. Dwellings in this land use district are generally one to two stories with private driveways and open space, consisting of privately - maintained tree canopy and front, back and side yards. Building and driveway orientation, the locations of private garages, building material, and the presence of sidewalks vary by neighborhood and the era of neighborhood development. Generally, these types of single-family neighborhoods are developed as distinct subdivisions that are linked by internal circulation systems with limited access to local and connector roads. This category may also include land uses that support residential neighborhoods, such as appropriately scaled commercial at arterial and collector street corners, and appropriately scaled public and quasi -public uses, such as religious and educational institutions. Density: Up to 4 dwelling units per acre ModerateThis category accommodates single-family detached Residential housing on small lots, typical of Denton's more compact, established single-family neighborhoods and low-rise multi -family dwellings and townhomes. This land use applies to areas within the central areas of Denton and transition areas between established single-family neighborhoods and mixed-use or commercial areas that can accommodate greater density, or adjacent to key corridors. Dwellings in this future land use category vary in scale and style and may contain a great deal of diversity by each street and block. Most areas are characterized by rectilinear lots with modest front yards. Most streets are lined by sidewalks, but this is not prevailing throughout. Development is linked by local streets and is most commonly accessed by multiple intersections and points of access. While the land use primarily includes single-family dwellings, multi -family dwellings, and townhomes may be located in this land use as well. While the quality of multi -family dwellings and townhomes currently varies, in the case of future infill development, they should maintain a scale, style, and building orientation in order to complement the prevailing character of its surroundings. This category 2-20 Formatted: Underline, Font color: Accent 2 582 1 °i 2,827 5% Formatted: Underline, Font color: Accent 2 Land Use 368 may also include land uses that support residential neighborhoods, such as neighborhood scaled commercial at arterial and collector street corners, and appropriately scaled public and quasi -public uses, such as religious and educational institutions. Density_(4-12 dwelling units per acre) This category denotes large-scale developments that _ are guided by separate development approvals. which establish the land uses, densities and intensities of development. and character. These developments typically provide for mixed uses that balance residential and non-residential uses and provide connectivity to other development throughout the city A This designation allows for moderateJ6 12 du/acl and high density residential(>12 du/acl commercial,_ office, entertainment, and other uses, except industrial, tailored to encourage a greater level of activity in Downtown, while protecting the scale and strengthening the character of Downtown and Denton's historic core. Downtown Denton is ssuse , centered on the blocks surroundingtthe Square and will include development that complements and is oriented to this historic grid pattern of this area. As Downtown Denton is characterized by a particular scale and character, it is important that this be maintained in future development. However, as the cultural heart of Denton, it is also appropriate to allow for a variety of uses that can help foster the economic viability and evolution of Downtown to serve the community's current preferences and needs. As significant infill opportunities exist in Downtown, development is encouragecj�j,�^^^'g ^h.,.A d RRI;-48 ^rte„o a^^*^^ hd- GR +ho ^.;+^ohoi^,•, As the downtown area extends away from the Square, land uses should continue to have compatible form and uses for the areas that serve to strengthen both the Downtown and adiacent neighborhoods. This designation applies to areas that serve as regional destinations within Denton. Development may include m^,,o.,+^ to h' h dten.,;4v residential, commercial, office, entertainment and other uses Denton Plan 2040 Land Use 2 1 >1% _ 8,968 14° Formatted: Underline, Font color: Accent 2 Formatted: Underline, Font color: Accent 2 Formatted: Underline Formatted: Underline 0 0% 459 7° Formatted: Underline, Font color: Accent 2 Formatted, Underline, Font color: Accent 2 Formatted: Font color: Red, Strikethrough Formatted: Font color: Red Formatted: Underline, Font color: Accent 2 Formatted: Font color: Red, Strikethrough Formatted: Underline, Font color: Accent 2 0 0% 2,350 4% Formatted: Font color: Red, Strikethrough Formatted: Font color: Red OV -41 369 AuAk UA6 except industrial, at the highest levels of scale and density within the city. Unique development standards are proposed to create the walkable urban character and day and nighttime activity of an urban center. Major medical and health care institutions and the areas of influence around them are included in this future land use designation. This designation is located primarily along 1-35 interchanges and along primary arterials to encourage the greatest regional accessibility. Future development in Regional Mixed- use areas will complement and embrace existing, viable uses, and raise the standard of design to increase their regional draw, accommodate greater connectivity and mobility options, and create a sense of place. ; n +h.. o,,,,,6)R@ 14, �1 This designation is intended to promote a mix of uses, of which various commercial uses remain predominant, but where residential, service, and other uses are complementary. This land use applies to existing and future commercial areas in the city, where redevelopment to mixed-use is desirable. The intent is to encourage infill and redevelopment for a more diverse and attractive mix of uses overtime. Examples include residential units over commercial uses or a wider array of economically viable uses to replace obsolete uses such as former car sales lots and vacated big box stores. Such areas also may represent opportunities for higher density and mixed housing types, without impacting, nearby single-family neighborhoods. Future development in Community Mixed Use areas will complement and embrace existing, viable uses, and raise the standard of design to increase their economic viability, accommodate greater connectivity and mobility options, and create a sense of place to serve the local community. JEeeu --- rho ., R*tV nn�.,orl_� �� ,�AAR�e .,., R r off* of cma" nroa. Diann (GG,!!L!4 ! L !4 Neighborhoo This designation applies to neighborhoods or districts d Mixed Use where the predominant use is residential, but with a mix of compatible housing types and densities along with local -serving, non-residential retail and service 56 Formatted: Font color: Red, Strikethrough >1% 2,593 4% Formatted: Font color: Red, Strikethrough >1% 517 1% Land Use 370 uses. Such use mixes are typically found in established neighborhoods in the city's core that accommodate local services. This designation is also applied in areas of future development suited primarily to single-family development, but where neighborhood -serving retail and services are critical to achieving balanced, accessible neighborhoods. At these locations, a diverse mix of housing types and densities may also be accommodated. �* „i Mine.,; are, of the a tate nnale anal lnteaso ton element the n ohherhee.d anal en.,ironment ,e ,.ri#e .Qu ildings should be appropriately scaled and have an intensity that complements the surrounding neighborhood and environment. Future development in Neighborhood Mixed Use areas will complement and embrace existing, viable uses, and raise the standard of design to increase connectivity and mobility options, and create a sense of place to serve the neighborhood. Cn. 'q a n the Slei hhnrhon.d N4 xp.d-„ee oatp.enn, may he the ni ihlent of Small' Area Plan. /QQ 44 241 Neighborho This land use designation applies to residential and d / University commercial areas adjacent to University of North Compatibilit Texas (UNT) and Texas Woman's University (TWU) y Area that are affected by their proximity to the university. Currently these areas are characterized by university and commercial buildings abutting, in many cases, single-family neighborhoods. As the universities are projected to increase in enrollment, which will require additional facilities, commercial uses and student housing, this designation is to create compatible form and land uses for the areas that serve both the established neighborhoods and the universities. Business The Business Innovation designation is envisioned to Innovation be the City's employment centers, intended to allow for a range of businesses both in terms of sizes and des. From large tracts of land designed for well- larger scale corporate office and employment parks, developed in a campus setting to smaller size tracts for research and technology businesses and start-up businesses. Supporting uses can be _JJplanned. commercial uses, such as retail, hotels. and Denton Plan 2040 97 Land Use 0 >1% 558 1,562 Formatted: Font color: Red, Strikethrough Formatted: Underline, Font color: Accent 2 Formatted: Font color: Red, Strikethrough Formatted: Font color: Red 1/ 2�i Formatted: Underline, Font color: Accent 2 2-23 371 AuAk UA6 2-24 restaurants. Single -use. stand-alone residential use developments are not allowed within the Business Innovation designation. However residential uses (as a subordinated use) may be part of a larger mixed-use development. The proposed developments should include generous. linked open space to maximize value and to promote visual quality and compatibility with the surrounding area. This designation should be throughout the city in areas that are in close proximity to commercial use areas and employment hubs in the city, so that future expansion may build from this proximity and create a critical mass for economic success. A A in+anrded for lama+raata lan.lthatareanemera+o for ,.,all_ Ianna.J larnor In nfTmnln„mnnt awLE ,.,'+h a nrt'n ysps .aha ratan ha+..la @Rd r ai.Jan+ial Privv.ar„ nal 'd@ offaa r mh an.J .1a.,alnnman+ an.J Ileh+ m ..rmfc�ccrnn••+Iv'riRq. TheO' o _nhA -Id be ^rl�n"nln orl 'n a P.Rmpin_I'LoAr APrato� rL nntt'., nQ'Yda a linkPd OlDeR a+ .. +hikyrt .,*+h the n_ '. � Thin rlonl natio 0.1 thrp �ahn� rt tho nia,�in . �ccr-cr""ocrgr,orn--rT'c-orc�'T'�na -cv nrl a nlo.,man+ h. aha in +h6, ..i+„ ao that f. rtu,r CIcr to mon+ may h -*Id from +W,; Rr aand .. oa+a ysp naturp of+hpgparpas,.A.,ill.. n+ha+am In/mont .,.II be hanafi+ from nlamnn+an, rn+ail ana Formatted: No underline, Font color: Red, Strikethrough This designation is intended for tracts of land that are 1,888 2% _3,0 Formatted: Underline, Font color: Accent 2 appropriate for light industrial activity. Primary uses include light manufacturing, assembling and Formatted: Underline, Font color: Accent 2 warehousing and distribution, and include associated Formatted: Underline support uses, such as offices, retail, and restaurants. Light Industrial areas should have adequate access to infrastructure, including the transportation network. It is important in future development that transitions to adjacent sensitive land uses are considered. Formatted: Underline This designation applies to areas where the 1,223 1 i 3,490 6°i predominant use includes both light and heavy industrial uses, such asmoderate to heavy Formatted: Underline, Font color: Accent 2 manufacturing, assembly, fabrication, and Land Use 372 wholesaling. Distribution uses may be introduced to replace underutilized, heavy industrial uses or house future industrial development. This designation is located primarily west of 1-35W near the Denton Municipal Airport. It is important in future development that transitions to adjacent sensitive land uses are considered. This designation applies to government-owned land, university and college campuses, and similar large- scale institutional activity centers. Development in these land use areas is typically subject to particular guidelines and therefore outside of the oversight of development review. It is important that transitions to adjacent land uses are considered in the development of future government and institutional -related uses. In the case of universities, these are addressed within the Neighborhood/University Compatibility Area future land use�district„designation. Coordination on future development will ensure that these land uses are appropriately designed. Ro, .do - +he r f,'RAt; „ aor.,or,RG , evpr, 2R ++ Government and institutional uses often include structures that often become architectural and visual landmarks, which adds to the communitv's sense of Dlace and identity - ReRRR .,f .WAR A.na ideRt+., As such, development of future governmental and institutions uses should recognize principes of placemaking This designation applies to existing large-scale parks and protected open spaces of citywide significance which are expected to remain as open space in perpetuity. These are illustrated on Figure 5.1: Parks Potential future large-scale park acquisitions, as well as smaller neighborhood parks and recreational uses; At ill„S+r,+oa a +he may be included in a variety of future land use designations as allowable uses. ollno pei4aining to arks GpaGeE Denton Plan 2040 Land Use 2 27 >1% 3,858 6- Formatted: Space Before: 0 pt, After: 0 pt, Line spacing: single Formatted: Underline, Font color: Red Formatted: Font color: Red Formatted: Underline, Font color: Accent 2 Formatted: Font color: Red, Strikethrough Formatted: Font color: Red Formatted: Font color: Red, Strikethrough Formatted: Underline, Font color: Accent 2 22,264 21% 2,791 4,626 4% 5,555 4 Formatted: Space Before: 0 pt, After: 0 pt, Line spacing: single Formatted: Underline, Font color: Red Formatted: Font color: Red Formatted: Font color: Red, Strikethrough Formatted: Font color: Red -------------------- Formatted: Font color: Red, Stnkethrough 9% 2-25 373 FIGURE 4.1: Focus Areas Concept 374 „3 Lake Ray Robert • : 143 Branding Station CP : •. L_ J Municipal Boundaries El a City of Denton Travel Center Focus Area O ETJ l il& '• ��•� v COMP • • 77 288 Em i ��� • • OCO�'f �qO�,�F� • \g QQg �'� • •♦ INDS \ •'. •.• • ' F�� q`O� O : . , . Q� • 380 • • 0 377 �•. LF\\� UNIVERSITY . ♦�♦ U x i .. i •• 288 \ e p0 N 1 � 1 Q � •�Q� i 00 . • • � • � •'• O EA E T 3 O •..• • 1 1 .. a 00 \P'r • • Qy� Lake �� w >.�O ��� EL A •, aQPR- Lewisville • • • ��' p I`i� C • �i FM 2449 •••`�� 377 �J O % , 5\� 77 ,ICY' ' •. 3'�%'�>�C-� ENTO. % CORINTH QP+& `� i .. •i 0 ' ROBSON RANCH 1�9i5F77 N o0.s 1 2 "rot iy ' mMiles 374 Source: City of Denton • : Center Focus Area Branding Station Corridor Focus Area L_ J Municipal Boundaries • Gateway Focus Area City of Denton Travel Center Focus Area O ETJ 374 MINUTES PLANNING AND ZONING COMMISSSION January 12, 2022 After determining that a quorum was present, the Planning and Zoning Commission of the City of Denton, Texas convened in a Work Session on Wednesday, January 12, 2022, at 5:08 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Chair Margie Ellis, Vice -Chair Tim Smith, Commissioners: Jason Cole, Ronnie Anderson, Jordan Villarreal, Donald McDade, and Eric Pruett WORK SESSION 1. Citizen Comments on Consent Agenda Items None 3. Clarification of agenda items listed on the agenda for this meeting. Item 5A (PD21-0004) was presented and discussion followed. 2. Work Session Reports Work Session item 2B (PZ21-247) was heard prior to item 2A (PZ22-001). A. PZ22-001: Receive a report, hold a discussion, and give staff direction regarding the draft 2022 Mobility Plan for the City of Denton. The item was presented, discussion followed. Chair Ellis asked if conversations could be had with the Solid Waste department in regard to trash bins that impede sidewalks. Nathaniel George, Senior Bicycle and Pedestrian Planner, will work with city staff on how to eliminate the barriers of solid waste bins and mailboxes. Commissioner Pruett added that with the future land use map aligning with planned roadways, he would like to see codification that future traffic studies will use the future land map. He noted that some mobility plan goals might impact the development code and may trigger actions after adoption. He did not see the estimated cost of roadway projects such as maintenance, rehabilitation, or building and widening roads in the plan. He also noted that within the discussion of ensuring adequate funding for projects and the possibility of federal funding; if there might be funding opportunities for development. For example, possibly building out the core multimodal network that benefits downtown, such as parking benefit districts, or multimodal impact fees, etc. B. PZ21-247: Receive a report, hold a discussion, and give staff direction regarding the Comprehensive Plan Update 375 The item was presented, discussion followed. Commissioner Pruett asked staff for direction as how they would prefer comments be submitted and how discussion on the comprehensive plan would be conducted. Ron Menguita, Principal Planner, asked that Commissioners confirm that the goals and policies presented are in line with what they think the city should be pursuing. He asked that comments and questions be submitted in advance of the January 26, 2022 City Council meeting. Tina Firgens, Deputy Director of Development Services/ Planning Director, added that Commissioners should inform staff if there are portions of the comprehensive plan that they would like a more detailed discussion on. Commissioner Pruett noted many of the goals in the current Comprehensive Plan are similar of those that where in the 1999 Comprehensive Plan. He was interested in seeing practices such as getting periodic metrics to get more frequent updates on how the implementation of the plan is going. Chair Ellis asked how staff will be getting comments and questions from the public. Menguita noted that the Public Information Office is working through social media to inform the public about the Public Draft and he encouraged the Commissioners to spread the word. On the dedicated website there is a form available for comments and questions. Staff will answer what they can, and comments received will be passed on to the Commissioners. Chair Ellis asked about the current role and responsibilities of the Economic Development Partnership Board. Menguita will provide a summary of that information in the next meeting. Firgens noted that staff from the board was included in discussions on the future land use map and development policies to provide information regarding types of future businesses they are trying to bring to Denton. With no further discussion the Work Session ended at 6:27 p.m. REGULAR MEETING After determining that a quorum was present, the Planning and Zoning Commission of the City of Denton, Texas convened in a Regular Meeting on Wednesday, January 12, 2022, at 6:40 p.m. in the Council Chambers at City Hall, 215 E. McKinney, Denton, Texas. PRESENT: Chair Margie Ellis, Vice -Chair Tim Smith, Commissioners: Jason Cole, Ronnie Anderson, Jordan Villarreal, Donald McDade, and Eric Pruett 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag 2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES FOR: A. PZ22-005: Consider the approval of the December 15, 2021 meeting minutes. 376 Commissioner Villarreal moved to approve the item as presented. Motion seconded by Vice -Chair Smith. Motion carried. AYES (7): Chair Ellis, Vice -Chair Smith, Commissioners: Cole, Anderson, Villarreal, McDade, and Pruett 3. PUBLIC HEARING A. PD21-0004: Hold a public hearing and consider making a recommendation to City Council regarding a request by Hickory Venture Group for a Planned Development Amendment for Planned Development 139. The 12 -acre property is generally located at the southeast corner of Vintage Boulevard and I -35W Vintage Boulevard Ramp, in the City of Denton, Denton County, Texas. (PD21-0004a, Vintage Multifamily, Julie Wyatt) This public hearing for this item was opened at the December 15, 2021 meeting. The item was presented, and discussion followed. Citizen comments received are in Exhibit A. Jake Brown, Applicant, spoke on the item. With no further discussion, the public hearing was closed Commissioner Villarreal moved to approve the item with staff recommendations. Motion seconded by Vice -Chair Smith. Motion carried. Discussion followed. AYES (7): Chair Ellis, Vice -Chair Smith, Commissioners: Cole, Anderson, Villarreal, McDade, and Pruett 6. PLANNING AND ZONING COMMISSION PROJECT MATRIX Staff provided Matrix updates. 7. CONCLUDING ITEMS With no further business, the meeting was adjourned at 7:20 p.m. 377 X X Margie Ellis Selena Dillard Planning and Zoning Chair Administrative Assistant 378 January 12, 2021 Planning and Zoning Meeting - EXHIBIT A Speaker Commentaries/ Registration - Online, E-mail, In-Person, and Phone Name Address Agenda Item Position Method Comments Cynthia Bonskowski 76226 PD21-0004a Opposed Online E-Comment development at Vintage Blvd and I- 35W will negatively impact the value of our homes and highly likely to being increased crime to our neighborhoods. NO to this development! Further, there is no public transportation to this area to support the population served by low income housing. Nor are there any amenities within walking distance of the proposed development. NO, EMPHATICALLY NO to this development!! Carl Mosier 3901 Tuscany Court, Argyle, Texas 76226 PD21-0004a Opposed Online E-Comment neighborhood, I oppose the development of low income multi- unit housing adjacent to our community. My family moved to this area due to it's location away from apartment communities and this does not represent what I nor anyone in the neighborhood wishes to see added. There was no notification of this to the residents or the HOA, as the area was originally designated for a school. Please take into consideration that the Vintage neighborhood OPPOSES the request! Stephanie Radcliff 4408 Claret Drive, Argyle, Texas 76226 PD21-0004a Opposed Online E-Comment Residents here do not want this! We are just now even receiving documents to look at! This is not the right area for this type of building. There arena€T"t even services here like stores and bus routes to support this type of residence. Fred Hensley 4200 Vinyard Way, Argyle, Texas 76226 PD21-0004a Opposed Online E-Comment I oppose Me nign density nousingTr Vintage and 35W. It will decrease property values significantly which will also decrease tax revenue. Schools are already over crowded and this development will have many children. Crowded classrooms decrease education quality for all. Vintage is slated to be an artery and the location of access to this complex will cause backups and be dangerous for all. A location within walking distance to retail is much more suitable for these types of residents. 379 Heather Miller 4504 Shagbark Drive, Argyle Texas 76226 PD21-0004a Opposed Online E-Comment Building low income Mousing in a food desert is irresponsible. There is no stores within one mile and none within walking distance. The current infrastructure doesna€'"t support this housing venture and it is irresponsible to the existing and future community to approve this project. Despite the housing shortage in the area, building here is not the correct choice. Further this developer isna€'"t the best choice for such a project (research their history). I oppose this project. Yaneisi Montemayor 4313 Sonoma Drive, Argyle, Texas 76226 PD21-0004a Opposed Online E-Comment As a new recent omeowner in Tne Vintage neighborhood, we have not been properly informed of this project. Although, this housing may help low income families, there is a lack of public transportation that families may need. It also affects the privacy of current homeowners due to it being built close to some homes. I ask for a delay in the vote until these legitimate concerns are addressed. Adrienne Marshall 4305 Napa Valley Drive Argyle TX 76226 PD21-0004a Opposed Online E-Comment As a homeworker in the Vintage, we have been given little to no notice of this meeting/vote, nor of the project in general. This leaves us homeowners feeling as though our opinion and voice does not matter. This project does not take your own citizens/current taxpayers into consideration. I feel there are many holes in this planning such as lack of public transportation and no close options for food and groceries. I ask for a delay in this vote until these legitimate concerns can be addressed. Kelsey Hart 4400 Claret Drive, Argyle, Texas 76226 PD21-0004a Opposed Online E-Comment and found the surrounding area was designated as low density residential use. The proposed project certainly does not match what was and is currently shown on city land use documents. Therefore, we strongly oppose this project and urge you to vote no as to the proposed multi-family project. It is not compatible to the development contemplated in the area. IT'S not fair to residents who make decisions based on city representationofsurroundingpropos edlanduse. 380 Matt Hart 4400 Claret Drive, Argyle, Texas 76226 PD21-0004a Opposed Online E -Comment I am a homeowner in the development adjacent to the proposed multifamily development. I bought my home based on the future land use map and the proposed zoning amendment is a drastic departure from the current plan. This is going to have many negative impacts to the area such as increased congestion & crime & decrease property values. Rhianna LaValla 76226 PD21-0004a Opposed Online E -Comment I oppose this. As Paula and blenn have stated, there are other properties planned and this would negatively impact our neighborhood. There arena€'"t any grocery stores or infrastructure to support a low income complex. Paula Cullum 3137 Buckthorn Lane, Argyle, Texas 76226 PD21-0004a Opposed Online E -Comment Oppose due to the negative impact that will cause in the area. 2 multi family residents have already been approved on Bonnie Brae near Vintage, there is no need for another in the area. i -35W and ramps for Vintage can barely handle the current traffic, how will it handle more. There are no Grocery stores with in a 2 mile radius and no public transportation that usually is needed if this so project is to be low income. I say NO for this area. Glenn Jensen 4700 Napa Valley Drive, Denton, Texas 76226 PD21-0004a Opposed Online E -Comment and In -Person I am opposed to this Low -Income Housing project on Vintage Road. 1- Negative impact on property values. This development will be especially economically destructive to the closest and oldest neighborhood, the Vintage. 2.The developer has mispresented this project. Their consultant says it was not low-income housing, but the developer himself says it is 100% low income residents. 3.Increased criminal activity common with apartment and low- income developments. Michelle BENNETT 4409 Sonoma Court, Argyle, Texas 76226 PD21-0004a Opposed Online E -Comment As an eignteen Vintage and the nearest homeowner to this site, I strongly oppose this development. This location is not suited for this type of development. The nearest grocery is four plus miles away, and there is no public transportation or other infrastructure to support the residents of such a property. Furthermore, the traffic generated by this development and the approved charter school will greatly increase the congestion and noise pollution in this area. 381 Kenzie Shay Powell 3904 Tuscany Court, Denton, Texas 76226 PD21-0004a Opposed Online E -Comment As a homeowner of the Vintage neighborhood, I oppose the development of low-income housing. This will bring down my property value and with low income housing statistically comes with increased crime. There is also no public transportation, no grocery stores or anything in walking distance. This will only cause problems for the city of Denton, Denton ISD, the local school, Borman elementary, is already at capacity, and the surrounding community. Stephanie Radcliff 4408 Claret Drive Argyle, Texas 77226 PD21-0004a Opposed Online E -Comment As a homeowner at The Vintage, I am opposed to this development. This will lower my property value, an I have the right to protect it. la€T"m addition, there is no infrastructure to support this type of housing. There is no bus line. grocery store, or shopping. It is not in walking distance of anything. Our neighborhood school (Borman) is already over capacity and could not support the number of students that would be zoned for that campus. Please vote no on this. lthCTMS just not the right time. Carl Mosier 3901 Tuscany Court, Argyle, Texas 76226 PD21-0004a Opposed Online E -Comment As a norneowner or tne vintage neighborhood, I strongly oppose the development of low-income housing. Have seen first hand the damage that this can bring to an existing community where there is no benefit to the community of the target renters due to no support system in the area, i.e. no public transportation, no grocery stores, no medical. This will do nothing but cause problems for the city of Denton, Denton ISD, as Borman elementary is already at capacity, and a further strain on resources. Scott Stanley 3017 Hornbeam Street, Argyle, Texas 76226 PD21-0004a Opposed Online E -Comment I understand the need for affordable housing, but locating a large development like this in a relatively small residential neighborhood is not a good idea. There is no public transportation, no local stores and medical facilities. I am concerned that this will increase crime and have a negative impact on our home valuations. The police officers who live in the neighborhood commented that this type of low income housing will bring more crime to the area. Please do not approve this plan 382 Jill Arnold 4004 Tuscany Court, Argyle,Texas 76226 PD21-0004a Opposed Online E-Comment I am a homeowner that has lived in the Vintage for 11 years. A huge low income property is not low density like the zoning map shows. It will increase traffic considerably, and lower our home values. I believe this area should remain single family housing additions. Kristin Griffin 76226 PD21-0004a Opposed Online E-Comment Iam a homeowner in the vintage Neighborhood. The future land use map goes ahead and marks this entire neighborhood as low residential with the addition of this complex. I do not see why the city would want decreased home values or decreased median incomes. I would also like an environmental study done on how an influx of people and building would affect the greenbelt behind the Vintage neighborhood Laura Cheek 3905 Sonoma Drive, Argyle, Texas PD21-0004a Opposed Online E-Comment As a homeowner in the Vintage neighborhood, I am opposed to this development. This development has many issues that will spill over into the adjacent areas. The proposed family units are without adequate storage or garages, parking has been reduced due to the "affordable" title (causing cars to park indiscriminately, which will damage and trash undeveloped surrounding areas), and add congestion at the 135W exit ramp. I don't see any benefit to the City for this development at this location. Melissa Salas 4100 Sonoma Drive Argyle, Texas PD21-0004a Opposed Online E-Comment We as the Vintage HOA board oppose this development. This development will not bring any value to the existing neighborhoods. This build will only increase crime, traffic an lower our property values. This entire project is based on low income housing and we as a neighbor deserve a right to protect our neighborhood and home values. During the meeting with the developer they did said nothing to address our concerns with the low income housing, crime increase or depreciation of our property values 383 i. ► Comprehensive Plan Update ` y January 25, 2022 — City Council Meeting ID: 21-2436 i CITY AR OF i . w ENTON 1k Agenda 1. Introduction 2. Overview of the Plan Update Process • Approach • What is in the Update 3. What has Changed • Key Components 4. Next Steps rrr i11 DENTON W co L" :X'\ . City of Denton Comprehensive Plan Update City Council Work Session January 25, 2022 w 00 Cn Objectives Where we are in the Update Process 2. Denton Plan 2030 Accomplishments 3. Update Approach What's in the Update Next Steps ID: 21-2436 W 00 4 i 1 *1 A,* U fi6 Denton Plan 2040 Growing with a Unified Purpose Ahk U& 2 Project Schedule Phase 1 Project Initiation ID: 21-2436 W 00 00 Phase 2 Existing Conditions Community Profile Phase 3 Special Topic Cha rrettes J �� � Draft Comprehensive Plan Phase 5 Commission Council Updates January/February 2022 Adoption March 2022 1 iF7F & C 3 Denton Pian 203a 4rremnlishmPnt5 IF Denton Plan 2030 Accomplishments Plans Economic Development Strategic Plan (2021) Oak Gateway Area Plan (2019) Simply Sustainable Update (2020) Mobility Plan Update* Parks, Recreation, and Trails System Master Plan Update* Codes/Standards Denton Development Code Update (2019) Gas Well Reverse Setback Standards (2020) Street Light Criteria update (Dark Sky) Programs ■ 100% Renewable Power The Junction [non-profit one-stop and shelter] ID: 21-2436 W tC O A U Jkk U46 5 _ rizz `.I TT � ��. ' 'OF MrIl 4141 co'Tt 0 0 Poi 11 Update Approach Denton Plan 2040 is a strategic update ■ This update is not a rewrite Build upon the accomplishments of the previous Comprehensive Plan Refine Implementation to continue to make the plan useful and not a document on a shelf Carries the community vision forward to 2040. Policy and Goal Analysis Examine all policies,goals, strategies and implementation task for relevancy and stafus Collaborative analysis with City Staff Community provided analysis at an online charrette in May 2021. Confirm the Community Vision and identify opportunities ■ Stakeholder Focus Groups, Interviews, Update Work Sessions with PZ/CC Virtual Workshops and In -Person Open House Questionnaires IDPlaces: Interactive issues and opportunities map ID: 21-2436 AHjkk llofio 7 Targeted Update Denton Plan 2040 Review and confirming the Community Vision Update the Future Land Use Map (PLUM) and designations Develop policies to strengthen relationship between land use and zoning Update policies in response to recent and future growth Focus Areas Downtown Economic Development Growth Management Infrastructure Revise and identify new Implementation Tasks (Actions) ID: 21-2436 W to W AHjkk U& 0 What's in the Update? Future Land Use Map Establish Land use policy for entire ETJ New Land Use Designations Refined Land Uses Master Planned Community Low and Moderate Complete multi -use Residential developments Neighborhood scale Connected to the community commercial - Sense of Place Parks/ Open Space Live, Work, Learn, Play ■ Expanded ■ Agriculture ■ Alignment with Parks ■ Existing Character Preservation Master Plan Update (private land) Business Innovation Ranching, rural heritage - Office, Research, - Agritourism Campus Development; ■ Light Industrial Mixed Use • Compatible light manufacturing, Prominent visibility locations light assembly Small area plans • Located along Rail, highway infrastructure Lj �a�imn FUWn and uw cann..mr un.n pew.. A .,... DENTON -pwra�p.nnn 'Gem.�e�limms�J - _� O.�.Wpmen�5�nicn •GW 203012040 FLUM Denton Plan 2030 Legend M4el lxa� ole ompnemne - oa.niam cemwwM�rvwea FuweMower rnfc.�f,.i - fle)mai M..ea.uae CDfrgNwr Fopae]LMnMw�Pwl WM � Peel foes _ irVwMYCPfewoe �____. l__� Iw Aestlmful Cemnumry MuadLsf tl49ropi1io�Mvetl-Use Cq�MIKMtIflgtlplkvW ]1IAul�C2V�80u1CefY l ._�8ur�uvgliB MUNclpesse MOOw&e FwE[nWV Mbee Use ]®� l�"""l �]maneaef Vnrvnercy WmO+�iMfua -PUIv 14Pen 8po QET, mntl.,n Oemm a.Mn.ff �..ve. N 0 0.5 1 2 —-- Miles A e Denton Plan 2040' f _i F - �A44*p FUWN Land Un �ETI Onsm1 �aJMa .f � W,y[ageN MreYUu 1 _f �L - Ylw EeIPv 2 fL.YNr WgCefaOiU^wMVe �4�IfeE i � Mee�n.rwr weMerfw ��M« .. DENTON 5 _b0eif10Vn EYAY CRer�TnwlMugww _ -• glYd4VnVnil Selvi[ec•GIs ,._., 10 FLUM (North Detail) 2030 r-, .FA D: 21-2436 FT AHjkk uA6 Is FLUM (South Detail) 2030 ID: 21-2436 2040 AU Jkk U46 12 What's in the Update? Existing Relevant Actions and New Actions (examples) ■ New Land Use 2.3.1 Create Small Area Plans and Overlay Zoning Districts to implement the mixed used zoning districts and standards. Revised Fiscal and Economic Vitality 3.7.3 Each proposed development in the city will be analyzed relative to projected revenues and expenditures. Retained Parks, Conservation and Environment: 5.2.4 Acquire land for park dedication along drainage corridors and floodways to preserve environmentally sensitive lands, provide recreation opportunities, and promote stormwater management through green infrastructure Implementation (Actions) Tasks ■ Develop and Implement Small Area Plans Downtown Denton Planned Developments/Master Planned Communities Corridors, Centers, Neighborhoods Develop Urban Design Plan Regularly update codes, standards, design guidelines, plans ID: 21-2436 W to 00 AHJkk U& 13 Priorities (short term, 0-3 years) Adopt Mobility Plan and Parks, Recreation, Trails System Master Plan Parks and Open Space Implementation and Preservation Acquisition of green space Area Plans Directing and Manage Growth Vacant Infill (vacant lands surrounded by existing development) Redevelopment/Adaptive Reuse Balanced Growth Connected Development (bike/ped/transit/streets) Diverse Housing Options Aligning CIP ID: 21-2436 W to W AUjkk U& 14 Questi(-o R �� V 5 aRWOMM 4h UMMM kw, _ What has Changed • Comprehensive Plan Key Components • Community Vision Statement • Goals and Policies • Preferred Growth Concept Map • Future Land Use Map • Future Land Use Designations • Focus Concept Area Map DENTON 0 j • Denton 2040 Comprehensive Plan - Community Vision Statement (Minor Changes) C1TY i7F DENTON 0 N The Denton Community Vision Statement Building on the foundation of the 1999 Comprehensive Plan and the Denton Plan 2030 update, our Vision of Denton in the year 2040 is one in which we are recognized as a vibrant community of choice. Denton is characterized by its two growing state universities, its friendly, small-town character coupled with its big -city dynamism, its commitment to sustainability, and its culture of innovation, creativity, and authenticity. Our exceptional livability, the diversity of choices available to our people in employment, lifestyle, and neighborhood settings; and our North Texas values and culture define what Denton is and what we have to offer. We have realized our vision by respecting and building on our heritage, leveraging aur assets, and making wise choices in guiding sound growth and investment, while balancing priorities for our four Strategic Directions: ■ The Character of Denton ■ Our People, Institutions, and Government ■ The Strength of Our Economy Sound Growth: Our Form and Function • Denton 2040 Comprehensive Plan - Goals and Policies (Minor Changes) • 35 Goals • 123 Policies C1TY i7F DENTON 0 W Table 1.6 Definition Example Comprehensive Plan Components. Sets a general direction; an ideal future; long-range and comprehensive in nature; and used to describe a desired result or outcome. Goal LU -5: Grow with Character: Promote Development, which Enhances Community Character and Functionality. A specific statement that guides decision - makers; a commitment to a particular course of action; describe context and rationale of desired outcome, and are more specific than goals. 2.16 Revise development regulations and development review processes to facilitate and support desired forms of development and improved standards for urban design and place - making. Actions or procedures that carry out a policy. Specific step to actually achieve the goals and policies identified in the comprehensive plan. 2.1 6.1 Adopt citywide design and development standards and guidelines specific to individual land uses and thoroughfares to improve development quality and functionality. Placem king & Urban Vitality Center • Denton 2040 Insitu nail r -m yrnenc EP Center Comprehensive Plan - Gree in ra ru r ° - . Preferred Growth Scenario Map (No Change) • Manage Growth • Guide Development • Placemaking • Community Character • Mixed -Use Urban Centers • Centers and Corridors • Infill Development • Compatible, Balanced Land Uses • Expanded Housing Choices • Parks -land Open Space C17 DENTON O 46 • Denton 2040 Comprehensive Plan - Future Land Use Map (Proposed Changes) • High-level Policy • Broad categories where land use designations should occur • Long -Term Land Use Pattern • Guides coordinated Transportation and Utility planning • Tied to Community Vision Statement • Works in tandem with the Goals, Policies, Actions • Ensures a Balance in Land Uses rTY i11 DENTON Cdr L—B Future Land Use Com­ayM.u+e ET3 Owr bn 1 Ag wiu 4.igbbD&—d Mbc rV_ ET! Oivi.lon 2 Rural Arsas Haigh.&—d 7 LP—r.4 C—pmbility Are. Lakes Low Ru "n[al 6uen.w Inr -t— MGderaie Rce lenrialLight Industrial Mauer Fanned Community - Ind-LrWC—.arca -D—l". 0.,dp Gpua...ni l lrrstiWO I _ Reg. l Mom UW _ Part's r Open Space -7'7-7-77/ %/ f • Denton !040 '_ Agriculture (new) 9. Neighborhood Mixed-use Comprehensive Plan 2. Rural Areas (minor changes) (minor changes) �-UtUrL Land UsP 3. Low Residential (minor 10. Neighborhood/University Designations (Proposed changes) Compatibility Area (no changes) Changes) 4. Moderate Residential (minor 11. Business Innovation changes) (completely changed) 5. Master Planned Community 12. Light Industrial (new) (new) 6. Downtown Denton (minor 13. Industrial Commerce (minor changes) changes) 7. Regional Mixed-use (minor 14. Government/Institutional changes) (minor changes) 8. Community Mixed-use 15. Parks / Open Space (minor - - - (minor changes) changes) 1/25/2022 ID: 21-2436 DENTON 0 0 • Denton !040 The Business Innovation designation is envisioned to be the City's employment centers, intended to allow for a range of businesses Comprehensive Plan - both in terms of sizes and types. From large tracts of land designed ,=uturL Land Use for well-planned, larger scale corporate office and employment . parks, developed in a campus setting to smaller size tracts for Designations (Business research and technology businesses and start-up businesses. Innovation) Supporting uses can be commercial uses, such as retail, hotels, and restaurants. Single -use, stand-alone residential use developments are not allowed within the Business Innovation designation. However residential uses (as a subordinated use) may be part of a larger mixed-use development. The proposed developments should include generous, linked open space to maximize value and to promote visual quality and compatibility with the surrounding area. This designation should be throughout the city in areas that are in close proximity to commercial use areas and employment hubs in the city, so that future expansion may build from this proximity and create a critical mass for economic success. 1/25/2022 ID: 21-2436 9 C1TY i7F DENTON ................ Denton 2040 Comprehensive Plan -Y Focus Concept Area Map =+•� (No Change) =03 • Strongly Encourages the _•,-.-• , creation of Area Plans [� .a 717 • Recognizes the need for finer detail analysis of specific areas • More refined implementation 1., • V strategies �� F �� • a • Urban Vita Iit ' • Key Centers and Corridors '�• � jjj�/} W", •••`. �f :• W7 d• • Gateways, Branding Stations •~d and Travel Centers 77 ENTO..*•• • " C1TY 1 • - DENTON ROaWN RAM; 0 co Next Steps Meeting/Event M Publish Draft Denton 2040 Comprehensive Plan P&Z Work Session City Council Work Session P&Z Work Session Publish Legal Notice City Council Work Session P&Z Work Session MA City Council/P&Z Joint Work Session (If necessary) P&Z Public Hearing - City Council Public Hearing C1TY � i7F DENTON January 7, 2022 January 12, 2022 January 25, 2022 January 26, 2022 February 6, 2022 Tuesday - February 8, 2022 (4 hours) 10 to 2 pm with lunch Wednesday - February 9, 2022 j (4 hours) 10 to 2 pm with lunch Monday - February 14, 2022 (4 hours) 10 to 2 pm with lunch February 23, 2022 March 1, 2022 Looking Forward • Implementation Process • Action Plan • Annual Evaluation • Area Plans • Prioritization of Areas • Scope and Timeline • Budget C1TY i7F DENTON Questions? CITY OF DENTON City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON File #: ID 21-2702, Version: 1 Legislation Text AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the draft 2022 Mobility Plan for the City of Denton. * [Council Priority; Estimated Presentation/Discussion Time: 1 hour] City of Denton Page 1 of 1 Printed on 1/21/2022 powered by LegistarT" 412 1"It"Immm DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects/Engineering DCM: David Gaines, Interim Deputy City Manager DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Receive a report, hold a discussion, and give staff direction regarding the Draft 2022 Mobility Plan for the City of Denton. BACKGROUND The City of Denton Capital Projects/Engineering Department has been working with Development Services and the Parks and Recreation Department to make updates to the Draft 2022 Mobility Plan in concert with the Comprehensive Plan Denton 2040 and the Denton Parks, Recreation, and Trails Master Plan. The 2022 Mobility Plan presents a holistic, multimodal approach that serves as a combined thoroughfare, bicycle, and pedestrian master plan. On May 7, 2019, the City of Denton entered into a contract with Walter P. Moore to complete necessary updates to the 2022 Mobility Plan. Since efforts to update the Mobility Plan were initiated, there have been several opportunities for public comment, including four in-person public meetings held from July 2019 through September 2019 with a specific focus group in September 2019 on the bicycle and pedestrian aspects of the plan. Additionally, five City Council Work Sessions were held from December 2019 through March 2020, and five virtual public meetings were hosted from September 2020 through October 2020. The City received 384 responses from July 18, 2019, through October 11, 2019, and 287 responses from March 1, 2020 through October 30, 2020. Recently, the public had an opportunity to provide a Mobility Plan feedback at the Comprehensive Plan Denton Plan 2040 Open House which was held September 16, 2021. Residents also have the opportunity to provide feedback on the Comprehensive Plan; Mobility Plan; and Parks, Recreation, and Trails Master Plan through September 30, 2021, on the City of Denton's website. To date, the following themes have been received from public comments: ■ Focus on a Multimodal Approach (Complete Streets) • Ensure Access and Promote Safety for Bicyclists and Pedestrians • Address Maintenance and Operations • Consider Future Development to Inform the Plan • Coordinate with future Texas Department of Transportation Roads ■ Confirm appropriate Road Classifications (Arterial vs. Collector) ■ Ensure Consistency with Comprehensive Plan Denton Plan 2040 413 On September 28, 2021, City staff presented an update to the City Council on the progress made on the Draft 2022 Mobility Plan. Since that time, staff has completed the updates to the Draft 2022 Mobility Plan by addressing public comments received, coordinating changes based on recent development and capital projects, and working internally with City departments, including the evaluation of the land use assumptions as part of the Comprehensive Plan Denton 2040. Following the adoption of the revised 2022 Mobility Plan, a new Roadway Impact Fee Ordinance will need to be reviewed and adopted based on feedback from the City Council. It is best practice for Roadway Impact Fees to be collected based on the latest Mobility Plan, which provides road classification and location for areas under development. Staff will present several options to City Council and seek feedback on the fee structure and if we should pursue charging developers an amount closer to the maximum assessable fee to cover infrastructure needs in high growth areas. City staff presented the Draft 2022 Mobility Plan to the Planning and Zoning Commission on January 12, 2022 and will address any feedback received and then work to the next steps for plan adoption in of Spring 2022. EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft 2022 Mobility Plan Exhibit 3 - Staff Presentation Respectfully submitted: Rebecca P. Diviney, P.E. City Engineer - Director of Capital Projects 414 DENTON 2022 MOBILITY PLAN Law— � A A DENTON 2022 MOBILITY PLAN Approved by City Council on Date Denton City Council Mayor Gerard Hudspeth Vicki Byrd, District 1 Brian Beck, District 2 Jesse Davis, District 3 Alison Magurie, District 4 Deb Armintor, At Large Place 5 Paul Meltzer, Mayor Pro Tem Technical Advisory Committee Paul Andress, Denton ISD Travis Campbell, TOOT Daryn Briggs, City of Denton Rebecca Diviney, City of Denton Tina Firgens, City of Denton Nathaniel George, City of Denton Julie Wyatt, City of Denton Haley Zagurski, City of Denton Pritam Deshmukh, City of Denton Jerry Fielder, City of Denton Scott Gray, City of Denton Drew Huffman, City of Denton Bradley Lahart, City of Denton Scott McDonald, City of Denton Ron Menguita, City of Denton Haywood Morgan, City of Denton Gary Packan, City of Denton John Polster, ITS Inc. Gary Ryan, Denton ISD Deborah Viera, City of Denton Partner Agencies Denton County Denton County Transit Authority (DCTA) Denton Independent School District Texas Woman's Univeristy (TWU) TxDOT University of North Texas (UNT) Other Committees and Councils Mobility Committee Committee on Persons with Disabilities Traffic Safety Commission TABLE OF CONTENTS MobilityPlan Background.................................................................................... 2 Purpose of the Denton Mobility Plan................................................................................... 2 MobilityPlan Process........................................................................................................... 4 Denton Mobility Plan Goals.................................................................................................. 6 ThoroughfarePlan................................................................................................18 Purpose of the Thoroughfare Plan........................................................................................19 ExistingConditions............................................................................................................... 20 Safety.................................................................................................................................. 24 RecommendedImprovements............................................................................................. 26 Proposed Roadway Classifications........................................................................................ 27 2022 Thoroughfare Plan Map............................................................................................... 28 TransitConsiderations.......................................................................................................... 29 Implementation................................................................................................................... 30 BicyclePlan.......................................................................................................... 31 Purpose of the Bicycle Plan.................................................................................................. 32 ExistingConditions............................................................................................................... 34 PublicInput.......................................................................................................................... 36 2022 Bicycle Plan Map......................................................................................................... 39 BicycleFacility Types............................................................................................................ 41 PedestrianPlan.................................................................................................... 47 Purpose of the Pedestrian Plan............................................................................................ 48 ExistingConditions............................................................................................................... 49 RecommendedImprovements............................................................................................. 54 2022 Pedestrian Plan Map.................................................................................................... 55 BestPractices.......................................................................................................................57 417 LIST OF FIGURES Figure 1: Survey Respondents Home ZIP Code...... 4 Figure 2: Mobility Plan Goals .................................. 6 Figure 3: Commuting Patterns ................................ 20 Figure 4: Travel Time to Work ................................. 20 Figure 5: Roadway Miles ......................................... 21 Figure 6: Congested Lane Miles .............................. 23 Figure 7: Crash Density ........................................... 24 Figure 8: Safety and Fatalities ................................. 25 Figure 9: 2022 Thoroughfare Plan .......................... 28 Figure 10: Existing Bicycle Facilities ........................ 33 Figure 11: Bicycle Strava Data ................................. 34 Figure 12: Bicycle Related Crashes ......................... 35 Figure 13: Preferred Cycling Destinations Results.. 36 Figure 14: Preferred Cycling Facilities Results........ 36 Figure 15: Sample Survey Questions ...................... 37 Figure 16: 2022 Bicycle Plan...................................39 Figure 17: 2022 Bicycle Plan City Core ................... 40 Figure 18: Speed ..................................................... 45 Figure 19: Facility Type Decision Tree ..................... 46 Figure 20: Existing Sidewalk Network ..................... 49 Figure 21: Location of Sidewalks Along Roadways. 50 Figure 22: Pedestrian Strava Data .......................... 51 Figure 23: Pedestrian Related Crashes ................... 53 Figure 24: 2022 Pedestrian Plan ............................. 55 Figure 25: 2022 Pedestrian Plan City Core ............. 56 LIST OF TABLES Table 1: Roadway Classification Definitions Table 2: 2022 Thoroughfare Plan Mileage . Table 3: 2022 Bicycle Plan Mileage............ Table 4: Crash Severity ................................ Table 5: 2022 Pedestrian Plan Mileage ..... 27 28 39 54 55 418 INTRODUCTION 2 DENTON MOBILITY PLAN MOBILITY PLAN BACKGROUND The Mobility Plan is a long-range plan that identifies the location and type of roadway facilities, bicycle facilities, and pedestrian facilities that are needed to meet long-term growth within the City of Denton. The Mobility Plan has three major elements: it determines roadway alignments, it determines the needed right- of-way (ROW), and it develops the roadway design standards. Included in this Mobility Plan are the priority projects that need to be constructed. Purpose of the Denton Mobility Plan Coordinated Planning Effort The Mobility Plan combines the City of Denton planning documents such as the Thoroughfare Plan and the Bicycle and Pedestrian Linkage Component into one plan. This coordinated effort is implemented by various departments in the City and is used as a guide as new development is built or as infrastructure is maintained. The development of other master plans in the city such as the Parks and Trails Master Plan, Forestry Plan, and the Comprehensive Plan were also consulted throughout the Mobility Plan process. 420 Proactive Response to Growth According to the U.S. Census, Denton County has seen a 30% increase in population growth since 2010. It is the 19th fastest growing county in the nation. Although this growth is positive for the City and the region, this increase in population growth has a direct impact on transportation and mobility for the City of Denton. The growth in the last 10 years has resulted in an additional 600,000 vehicle trips being produced every day. The growth between 2020 and 2050 is expected to be just as dramatic and therefore it is important that the City develop this mobility plan that is proactive to the growth that is coming. Guide to Mobility Decision -Making The adopted Mobility Plan is a clear guide for the Denton City Council, city staff, developers, and residents regarding the future of mobility in the City of Denton. Future decisions that are made regarding mobility corridors or development changes need to use the Mobility Plan as a guiding document. Implementation of Transportation Projects From a mobility perspective the most important challenges to handle this growth is related in the cost of new infrastructure, the cost of maintaining existing infrastructure, providing important connections, and providing additional mobility options. The Mobility Plan prioritizes the future mobility improvements that the City of Denton should consider both short-term (less than 10 years) and long-term (10-30 years). Hickory Street DRAFT 421 Mobility Plan Process The Denton Mobility Plan began development in the summer of 2019. The Mobility Plan review and approval process extended through 2021, in order to have consistency and in alignment with the Denton 2040 Plan update. This plan built off of previous efforts developed by the City of Denton. Three primary elements were included in the development of the Mobility Plan: Stakeholder Engagement, Technical Analysis, and Implementation. Stakeholder Engagement The stakeholder engagement element of the plan occurred throughout the project development process. The Mobility Plan consisted of the following stakeholders: residents, business owners, city staff, Denton City Council, and technical stakeholders such as Texas Department of Transportation (TxDOT), Denton County Transit Authroity (DCTA), Denton Independent School District (Denton ISD), and Denton County. During the Mobility Plan and approval process , the project team held 7 public meetings, participated in 7 Council work sessions, 1 bicycle focus group meeting, 4 city staff meetings, and multiple technical committee meetings. During each of the meetings the goals of the Mobility Plan were discussed, and feedback was given to the project team regarding the IF 5207 onses: - 21\�I ` 7620" 1X�-{II R Reppmes 91 _ Home ZIP Code Other Dep on County: 14 Tarrant County Respones: 3 Coollin County: 1 No Response: 65 7 - W �- Lewisv. 'Ir� � Figure 1: Survey Respondents Home ZIP Technical Analysis The technical analysis portion of the plan looks at ways to improve mobility in the City using existing data and future forecasting practices. The City of Denton has an extensive amount of geographic data that holds information about roadways, sidewalks, and bicycle facilities. This data was used to understand the current conditions of the mobility system. In addition to the existing geographic data that was used, a travel demand model was developed specifically for the plan to understand the effects of population and employment growth in the City and the impact that growth has on the transportation system. Travel demand models are the primary tool used to perform these mobility assessments. In each of the specific planning chapters, details of the technical analysis are included. ; C IM. Implementation Implementation is an essential element of an effective mobility plan. This portion of the planning process describes how the recommendations will be built in the coming years. For each of the modal types, the prioritization of future infrastructure into short-term and long-term improvements is a key aspect of the plan. Other items involved in the implementation process are the cost of new infrastructure and how future infrastructure needs will be funded. In addition, implementation looks at overall mobility strategies and tools for the City to use and develop in the coming years as development continues to expand. These tools will be available for staff and council to apply to future transportation projects as necessary. • ,� �-L 9U i W ITLE U. Ey Jy �7r r U V / r s � z O 0 CZ n O Z WW -- Hickory Street Photo Credit: Suzanne Rumohr d 6rb0Ke.A Gr457 - P' Pita P rat � H -=-� 423 /� D N aW� ' .�//44JJa/. �►i r V / r s � WW -- Hickory Street Photo Credit: Suzanne Rumohr d 6rb0Ke.A Gr457 - P' Pita P rat � H -=-� 423 0 Denton Mobility Plan Goals The goals of the Mobility Plan defines the mobility priorities for the City of Denton. The goals were developed through the planning process based on discussions with city staff, public meetings and the survey, and feedback from City Council. Within each of the goals are identified specific strategies or action Leverage items that result from the mobility plan goals. Below is Innovation a brief description of the four themes based on which the nine goals have been developed . Deliver an effective network for travel Facilitate Alternative Travel Opportunities PrioritizeDeliver an effective network• Opportunities mam_ • Identify transportation • Utilize "Complete • Prioritize travel needs of needs that are Streets" approach when pedestrians, cyclists and supportive of existing improving Denton transit users in every and future land use Streets(GOal 1) project(GOal 8 & 9) (Goal 5) • Establish a Vision Zero • Provide comfortable and • Prioritize Transit and Action Plan(Goal 7) low -stress opportunities transportation to walk and bike alternatives to reduce *Acknowledge demand for existing vulnerability transportation resources(Goal 4) • Maintain a State of Good Repair on Denton Streets(Goal 2) • Fund critical transportation infrastructure(Goal 6) 2 3 Figure 2: Mobility Plan Goals Leverage Innovation Prioritize Safe Travel • Improve operations using Innovative Transportation Solutions(Goal 2) • Utilize Transportation Demand Management Strategies to reduce demand for existing transportation resources(Goal 4) DENTON MOBILITY PLAN 424 J Q O Q Implement "Complete Streets" Strategies on Roadways in Denton Plan, develop, and implement a comprehensive transportation system that serves all users and modes of travel. Objective 1113: Preserve the character of our residential neighborhoods Strategy 1.9: Implement traffic calming measures that discourage speeding and cut -through traffic on residential streets. Strategy 1.10: Encourage non -motorized transportation in residential areas by providing sidewalks and implementing bicycle friendly design of local streets. Strategy 1.11: Reduce or eliminate where possible intrusion of traffic related to non-residential development on local streets in residential neighborhoods. Strategy 1.12: Prioritize intersection improvements which improve through traffic flow on Major, Primary, and Secondary Arterials, and reduce impacts on local neighborhood streets with emphasis on pedestrian and bicycle safety. Strategy 1.13: Promote engineering improvements such as physical measures constructed to lower speeds, improve safety, and otherwise reduce the impacts of motor vehicles. Strategy 1.14: Design and Implement implement transportation projects to meet local and regional system capacity needs in accordance with the Mobility Plan. Strategy 1.15: Implement neighborhood approved traffic -calming measures in residential neighborhoods and appropriate commercial areas, such as street narrowing, curb extensions, roundabouts, landscaped medians, and radar speed feedback signs. Strategy 1.16: Establish priority -ranking system to evaluate traffic -calming requests for implementation throughout the City. Effectively Manage and Improve the Roadway System Develop and maintain a robust and efficient vehicular circulation network Objective 2A: Implement policies that encourage and accommodate all users while maintaining the efficiency of the circulation system. Strategy 2.1: Establish a citywide crosswalk Strategy to address installation, maintenance, removal, and enhancements of crosswalks at intersections and mid -block locations. Crosswalk locations and treatment will be based on criteria including, but not limited to safety, traffic volume, and concentration of pedestrian activity. Potential enhancements may include leading pedestrian intervals at signalized intersections, bulb -outs, and median refuges to reduce crossing distances. Strategy 2.2: Avoid allowing multiple driveways for new development access in active pedestrian areas that create conflict points between pedestrians and vehicles. Strategy 2.3: Require commercial property owners to use shared driveway access, provide cross -access, and use interconnected roads within blocks. Require driveway access closures or consolidations, or both as well as provide cross -access when a site is remodeled or redeveloped. Strategy 2.4: Collaborate with law enforcement and public safety organizations to coordinate policies and programs that would reduce injuries and deaths on the roadways. Strategy 2.5: Designate routes for truck traffic to minimize potential conflicts between trucks and cars, pedestrians, bicycles, transit, and vehicle access and circulation. Establish by ordinance a truck map that depicts allowable truck routes within the City. Strategy 2.6: Periodically review and update traffic signal timing at all signalized intersections to maintain traffic signal coordination and to accommodate bicycle and pedestrian needs. Strategy 2.7: Implement a Level of Service "D" as the threshold for meeting the City's significance criteria. 2 N J Q O Q Objective 3A: Promote development of transportation projects along regional corridors. Strategy 3.1: Maintain compliance with Denton County Thoroughfare Plan requirements, including consistency with street classifications and capaci- ties, roadway design standards, analysis of impacts of Countywide land use decisions on the circulation system, and adoption and implementation of planned transportation improvements in the County. Strategy 3.2: Support the goals and objectives of the Texas Department of Transportation (TxDOT) Long Range Transportation Plan, including expan- sion of transportation system, improvement of transportation system performance, and improving transportation infrastructure safety and security. Strategy 3.3: Support the goals and objectives of the North Central Texas Council of Government's (NCTCOG) Metropolitan Transportation Plan (MTP) 2045, including Transportation Improvement Program (TIP), 10 -year plan, transportation confor- mity plan and congestion management strategies. Strategy 3.4: Support and implement NCTCOG's Transportation System Management strategies such as signal timing coordination on all major arterials with a Citywide signal synchronization program. Strategy 3.5: Ensure City of Denton's input, partici- pation, and discretionary review of applicable region -wide transportation system policies, programs, and construction. Strategy 3.6: Coordinate short-term and long-term improvements to TxDOT facilities in coordination with Denton County to address regional mobility needs. DRAFT 427 __IqJ Promote Transportation Demand Management, Transit Q and Efficiency O Utilize Transportation Demand Management strategies to manage demand and(4 (' maximize available capacity. Objective 4A: Encourage greater utilization of Transportation Demand Management (TDM) strategies to reduce dependence on single -occupancy vehicles. Strategy 4.1: Support NCTCOG trip reduction programs, including park and ride, transit subsidies, carpool and vanpool programs, flexible working hours, bicycle facilities, and other traffic reduction strategies. Strategy 4.2: Support local and multi -jurisdictional (regional) car -sharing and bike -sharing programs. Strategy 4.3: Consider implementing park -once approaches for multiuse districts and regional destinations areas. Strategy 4.4: Encourage and provide incentives for commercial, office, and industrial development to provide preferred parking for carpools, vanpools, electric vehicles, and flex cars. Strategy 4.5: Encourage and support programs that increase vehicle occupancy, including the provision of traveler information, shuttles, preferential parking for carpools/vanpools, transit pass subsidies, and other methods. Strategy 4.6: Promote the combination of TDM measures as much more effective than any single measure. Strategy 4.7: Require discussion of transportation system management (TSM) and TDM measures in all major projects. Strategy 4.8: Encourage the integration of compatible land uses and housing into major development projects to reduce vehicle use. Strategy 4.9: Allow the application of transportation management rideshare programs, integration of complementary land uses, and other methods to reduce project related average daily and peak hour vehicle trips. Objective 5A: Coordinate land use policies and development activities that support a sustainable transportation system. Strategy 5.1: Ensure that new development projects are consistent with the adopted land use and zoning plans. Strategy 5.2: Require that developments and redevelopments provide short-term and long-term vehicular traffic impact studies. Strategy 5.3: Encourage land uses which generate high traffic volumes to be located near major transit and transportation corridors to minimize vehicle use, congestion, and delay. Strategy 5.4: Maintain balance between land use and circulation systems by phasing new developments to levels that can be accommodated by roadways existing or planned to exist at the time of completion of each phase of the project. Strategy 5.5: Promote development of mixed-use projects to reduce number of vehicle trips. Strategy 5.6: Coordinate the design and improvement of pedestrian and bicycle ways in major residential, shopping and employment centers, parks, schools, other public facilities, public transportation facilities, and regional bicycle networks. Strategy 5.7: Require dedication of right-of-way, in an equitable manner, for all development Strategy 5.8: Allow for construction of circulation improvements for a phased development project to be constructed commensurate with the project construction, based upon the findings of a traffic study approved by the City of Denton. DRAFT 429 Fund and Evaluate the City's Transportation Network Explore opportunities to secure funding for enhancing the circulation system. C 6 Objective 6A: Pursue funding sources to maintain and enhance the transportation and infrastructure system. Strategy 6.1: Evaluate traffic collision data regularly, and identify top collision locations for automobiles, bicycles, pedestrians, transit in Denton. Develop appropriate countermeasures and pursue funding from all available sources to implement them. Strategy 6.2: Continue to develop and maintain long-range capital improvement programs consistent with the Mobility Plan and other regional/state funding eligibility requirements. Strategy 6.3: Continue to regularly update the roadway Impact fee program to guarantee that new development pays for its fair share toward improvements resulting in reductions in traffic impacts generated by the development. Strategy 6.4: Actively pursue local, State, and federal funding to implement, maintain, and evaluate the transportation and infrastructure system. Strategy 6.5: Supplement funding from impact fees or assessments on existing and new development with grants and other nonlocal sources. Strategy 6.6: Amend the Mobility Plan, if necessary, to be responsive to evolving funding requirements and to comply with State and federal regulations affecting the City's goals and policies. Strategy 6.7: Coordinate with NCTCOG and TxDOT to seek funding and implementation solutions to improve freeways and state highways in Denton to relieve congestion from regional traffic. Strategy 6.8: Review the City's roadway impact fee program on a regular basis, and adjust fees as needed to ensure that funding is available for planned transportation improvements that will benefit all travel modes. Objective Prioritize safety and incor- porate it into planning (Long Range Plans, Land Development and permit- ting), design (Street design policies and standards) and maintenance of trans- portation infra Strategy 7.1: Prioritize the protection of human life over other aspects involved in the planning, design and operation of Denton's Transportation Network Strategy 7.2: Institutionalize a culture that prioritiz- es safety for all modes of transportation within the City of Denton Strategy 7.3: Optimize public safety priorities Strategy 7.4: Recognize the expanding needs of different users and modes on the transportation infrastructure Strategy 7.5: Manage for safe speeds Strategy 7.6: Minimize the potential for conflicts into the build environment Strategy 7.7: Integrate safe design principles into the built environment Strategy 7.8: Improve the ability of all transporta- tion users to see and be seen Strategy 7.9: Minimize the safety risks of highways and arterials Objective Strategy 7.10: Strategically implement education and enforcement initiatives around the top contrib- uting factors of serious injury and fatal crashes DRAFT 431 Promote a Friendly Active Transportation System in Denton Q Create a bicycle and pedestrian friendly environment throughout Denton for all ]I types of users and all trip purposes in accordance with the five "Es:" Education, 0 0 8 Encouragement, Enforcement, Engineering, and Evaluation. protect the existing bicycle and pedestrian network to provide a comprehensive system of facilities, including a spectrum of shared streets, separated lanes, and off-street multi -use trails, to increase connectivity between homes, jobs, schools transit, and recreational resources in Denton. Strategy 8.1: Develop an extensive bicycle and pedestrian backbone network through the use of standard and appropriate innovative treatments. Strategy 8.2: Plan and install new bicycle facilities on major arterials, where feasible and appropriate. Strategy 8.3: Plan and install shared lane markings ("sharrows") and signage on appropriate existing and planned bicycle routes where bicycle lane implementation is demonstrated to be infeasible. Strategy 8A Where feasible, Class I shared -use paths should be a priority for future developments. Strategy 8.5: Plan and install new shared -use paths in utility corridors, transit (commuter rail) corridors and/or along flood control channels and extend existing bicycle and shared -use paths. Strategy 8.6: When feasible, implement the comple- tion through regional coordination of the City's regional bicycle backbone network. Strategy 8.7: Encourage reallocation of roadway rights-of-way where appropriate to accommodate shared -use path and bicycle facilities, while preserv- ing and respecting the character of each adjacent neighborhood. Strategy 8.8: Support bicycle improvement projects that close gaps in the regional bicycle network either by implementing specific projects recom- mended in the Plan or through other treatments. J Q 0 Bike and Pedestrian Objective 813: Provide end -of -trip facili- ties that support the bicycle network. Strategy 8.17: Provide bike parking and bike -related amenities at public facilities and along public rights-of-way. Strategy 8.18: Pursue public-private partnerships to furnish local businesses with secure bike parking and other related amenities. Strategy 8.19: Develop and adopt bicycle parking equipment standards for bicycle parking to be installed within the public right-of-way and post on the City website. Strategy 8.20: Work with local schools and colleges to provide ample and secure bike parking and other related amenities for students and employees. Strategy 8.21: Prioritize the installation of bicycle -scale and/or pedestrian -scale lighting. Strategy 8.22: Prioritize schools with the highest auto traffic volume during peak hours and insuffi- cient parking for staff and parents to promote usage of bike transportation. DRAFT 433 Create a Safer Place to Walk and Ride a Bicycle J Provide a safe, convenient, and attractive bicycling and pedestrian environment. Q Apply design standards, enforcement of traffic laws, maintenance practices, and Q safety awareness campaigns to encourage and incorporate the use of bicycle and pedestrian facilities. Design and Way -finding Objective 9A: Develop bicycle and pedestrian facilities with approved uniform design standards, and imple- mentation of way -finding signage pro- viding information on various destina- tions. Strategy 9.1: Require that all facilities be designed in accordance with the latest federal, state, and local standards. Strategy 9.2: Provide and maintain bicycle and pedestrian signal detectors, informational signage, and lighting, along City bikeways. Strategy 9.3: Develop, install and maintain a bicycl4 and pedestrian way -finding signage program to indicate route turns, the presence of intersecting bikeways, streets and distances to nearby local and major destinations. Strategy 9A Utilize Complete Streets elements as demonstrated in most recent versions of National Association of City Transportation Officials (NACTO) Urban Street Design Guide and Bikeway Design Guide. Strategy 9.5: Crosswalks will include high visibility crossing treatments. Strategy 9.6: Paint direction arrows on all bike lanes and bike paths to reduce the risk of collisions. Create a Safer Place to Walk and Ride a Bicycle Provide a safe, convenient, and attractive bicycling and pedestrian environment. Apply design standards, enforcement of traffic laws, maintenance practices, and O safety awareness campaigns to encourage and incorporate the use of bicycle and o pedestrian facilities. O z Wway Conditions Safety Education Objective 911): Increase education of bicycle and pedestrian safety through programs and training of school children and the public. Strategy 9.15: Create, fund, and implement bicycle -safety curricula and provide to the public, tourists, various ethnic groups, diverse ages and disadvantaged communities. Strategy 9.16: Provide multilingual bicycle -safety maps and brochures (print and electronic versions) in languages that are widely used in Denton. Strategy 9.17: Encourage schools to develop and provide bicycle -safety curricula for use in elementary, middle, and high schools, such as the Bicycle Rodeo events. Strategy 9.18: Support marketing and public aware- ness campaigns aimed at improving bicycle and pedestrian safety. Strategy 9.19: Provide a user education program developed and promoted to encourage proper trail use and etiquette. Strategy 9.20: Work with local bicycle advocacy organizations to develop, promote and support a series of bicycle education classes. Include informa- tion on bicycle safety, maintenance, and security. Strategy 9.21: Develop and distribute education material regarding bicycle and pedestrian responsi- bilities and laws. THOROUGHFARE PLAN �♦ r 7`r Irl - - Z � :i, ,, +,�'J ,;' t !'1 / AOL._ 436 19 DENTON MOBILITY PLAN The Thoroughfare Plan has three primary purposes: Determine Alignment One of the primary roles of the Thoroughfare Plan is to determine the alignment of future roadways. As growth continues to occur in Denton, future roadways will be needed. The location and alignment of the future roadways is defined through the Thoroughfare Plan. Future roadway alignments need to consider the location of existing roadways, property boundaries, and environmental features such as slope and floodways. As a roadway is planned and constructed, the alignment can vary slightly, but the general location is maintained. Determine Required or Prescribed Right -of -Way Another primary role of the Thoroughfare Plan is to determine the appropriate future right-of-way (ROW) that is required on existing and future roadways. The Texas Local Government Code gives cities the authorityto plan forfuture roadway needs by determining ROW along freeways, major roadways, minor roadways, and collectors within the city boundary and also the extraterritorial jurisdiction (ETJ). The amount of ROW that is needed is determined by the street type and other design standards that are found in the City's Transportation Design Criteria Manual. Coordinate Design Standards The Thoroughfare Plan works in concert with the Transportation Design Criteria Manual which guides the design and development of transportation infrastructure in the City of Denton. Design element recommendations developed through the Thoroughfare Plan process will be integrated into the design criteria manual to be used in the design and construction of future roadways in the City of Denton. The Thoroughfare Plan design standards will include recommendations for street design including the incorporation of bicycle and pedestrian infrastructure. DRAFT 437 Journey -to -work Characteristics Daily travel to employment opportunities is an important trip purpose for the City of Denton residents and visitors. It is critical to understand journey -to -work trip characteristics to best plan for future mobility needs in the City of Denton. There are 56,812 workers over the age of 16 in the City of Denton and its ETJ, as reported in the 2013 — 2017 U.S. Census American Community Survey (ACS). The modal split for these trips reveals just under 80% of commuter trips occur in in a single - occupant vehicle. Multi -occupant vehicles comprise the second highest modal category with just over 10% of all trips. Figure 2 identifies the modal shares for journey -to - work trips. DCTA provides public transportation service connecting to the region via integration with Dallas Area Rapid Transit system service. This is an important service connection for the City of Denton journey -to -work trips and offers the most potential to reduce the single occupant vehicle mode share dominance. The opportunity to utilize regional public transportation service is available for all City of Denton residents and visitors traveling to and from work. According to the U.S. Census 2015 origin -destination (0- D) Employment Statistics, there are •15,965 employees living and working in the City of Denton; •40,847 employees living in Denton but working in areas outside of Denton, and •36,354 employees living outside of Denton and working in the City of Denton. Figure 3 demonstrates these unique travel patterns for the City of Denton. The travel time to work for employees in the City of Denton is less than the average for the state at 23.8 minutes compared to 26.4 minutes for the state, as seen in Figure 4. Figure 3: Commuting Patterns W3.8 TEXAS26.4 MINUTES DENTON MINUTES Figure 4: Travel Time to Work 20 DENTON MOBILITY PLAN 438 Roadway Data In the City of Denton, there are just over 736 centerline miles of roadways including residential, collectors, arterials, and freeways. Within the ETJ, there are currently 334 centerline miles of roadways. These public roadways are maintained by the City of Denton, TxDOT, or Denton County. Figure 5 shows the distribution of center lane miles and lanes miles in the City and ETJ. Centerline miles measure the length of the roadway and lane miles measure the length of the roadways including the number of lanes. Local roadways or residential streets have the greatest number of miles within the City, followed by secondary arterials, primary arterials, collectors, and freeways. Although the local roadways have the most centerline miles in the City, they also carry the least amount of traffic. centerline Mlles 59% Local 54% 7% Collector 7% 16% Secondary Arterial 17% 12% Primary Arterial 16% 6% Freeway 6% Figure 5: Roadway Miles DRAFT 439 SECONDARY ARTERIALS Secondary arterials provide shorter connections and carry less traffic. Secondary arterials are still significant to vehicular travel as they serve trips of moderate length and provide more land access. M COLLECTORS Collectors in the City of Denton provici local land access and traffic circulatiorT from residential neighborhoods to arterials. They typically experience lower traffic volumes and have lower desi speeds. LOCAL ROADWAYS/ RESIDENTIAL STREETS A local street is a public street that is associated with residential development within the City. These streets have low speeds and low volumes associated with them. Traffic Congestion Traffic congestion or traffic delay is the increase of traffic along a corridor or at a specific intersection that results in slower travel speeds and increased vehicle queueing. Congestion occurs most frequently in the City of Denton in the morning commute between lam and gam and in the evening between 5pm and 7pm. During these times the increased traffic results in slower speeds and longer travel times. Shown on the right is an example of traffic congestion in the City of Denton in the off-peak compared to the peak travel times. The darker red and orange areas experience more congestion. According to Google Maps 2019 data, the City of Denton has over 130 lane miles of congested roadways with the potential for this to increase to over 230 lane miles in 2040 if improvements are not made to the existing system. Texas Lakes V Works Park AA ZOP HANCX Texas Health PresbyterI Hospital Deal Den oar KN 113AiresDento En1aY orISBAi p ©D 1 ®Damonkanarll � - arget PE 0 14 Ill Congestion During Peak Travel Time (2019 Google Maps) Congestion During Off -Peak Travel Time (2019 Google Maps) "lane miles Mane miles of congested of congested roads in � roads in Figure 6: Congested Lane Miles DRAFT 441 Safety Safety is recommned to be proactively addressed in the design phase of the project through strategies such as access management and designing cross sections that promte safety for all modes. Creating a plan that prioritzes safe travel for all users is an essential to the success of mobility in Denton. Denton is not removed from the impact of vehicle crashes daily. Figure 7 below shows the density of crashes from 2017-2021. at G Figure W J& 7: Crash Density er-a 09 In the years 2017-2021, there were a total of 15,899 recorded crashes within the City of Denton. Of those crashes 67 were fatality crashes in which at least one person involved in the crash was killed and 24.6 percent of the total crashes were injury related. Many of the roadways in the City of Denton have a crash rate above the statewide average with some sections having a crash rate that is 6 to 7 times greater than the statewide average. Within the City of Denton, Primary Arterials have the highest percentage of crashes at 44%. This is a result of high speeds and volumes and increased conflict points such as intersections, driveways, lack of medians, and appropriate cross access. The next highest is freeways with 30% of the crashes (including frontage roads) and then Secondary Arterials. 65% of the fatality crashes that occurred in the City of Denton happened on Primary Arterials. percentage of crashes by roadway type FREEWAYS PRIMARY ARTERIALS SECONDARY ARTERIALS COLLECTORS RESIDENTIAL •• Figure 8: Safety and Fatalities DRAFT 443 between d 67)ccured 2014 and 2018 primary 68%on arterials L.L Figure 8: Safety and Fatalities DRAFT 443 RECOMMENDED IMPROVEMENTS The 2022 recommended improvements for the Thoroughfare Plan are substantial in promoting the goals of increased connectivity, safety, and improving mobility choices. For increased connectivity, the updated Thoroughfare Plan focused on expanding east/west and north/ south connectivity throughout the city limits and ETJ. For increased safety, the plan fouses on analyzing historic crash data for prioritization of improvements. These changes will increase the capacity and improve safety of the roadway network as growth occurs in Denton and will improve traffic congestion on some of the existing corridors in Denton. As for mobility choices, each of the proposed new thoroughfares have improved infrastructure elements for both bicyclists and pedestrians. Majority of proposed primary arterial or secondary arterial has a recommended on -street or off-street bicycle facility. The Thoroughfare Plan recommendations are displayed in two different formats. The Thoroughfare Plan map displays the roadway alignment by roadway classification and the Transportation Design Criteria Manual displays the typical cross section for each roadway class type and address safety by access management and target speed. Street Class Definition • Owned and maintained by TxDOT Freeway • Grade separated traffic • Moves traffic through City C Gl Context ROW Lanes Target Speed Volume Capacity D m v r D z - I Varies I Varies 1 >60 mph I Varies • Owned by City or TxDOT • At grade traffic controlled Primary by traffic signals Standard 135' Arterial • Regional connections • Capable of high traffic volumes • Primarily owned by City • Serves citywide traffic Secondary Arterial • Moderate levels of traffic Standard 110' • Incorporates other modes of travel • Owned and maintained by City Collector • Serves neighborhood traffic • Low levels of traffic Standard 1 65' 6 1 45 mph 1 45,000 4 1 40 mph 1 29,000 2 1 35 mph 1 11,500 Residential • Streets within Street neighborhoods - 55 2 30 mph <5,000 2022 THOROUGHFARE PLAN MAP The map below shows the improvements to be implemented in the 2022 Thoroughfare Plan. Table 2 shows the existing miles of roadway in Denton, the proposed new miles, and the new total miles if the plan is built out. Table 2:2022 Thoroughfare Plan Mileage 1Iq Cake Ray Roberts •. Figure 92022 Thoroughfare Plan OW�AI Yr Existing Miles Proposed Miles Total Miles Freeway 32.86 40.00 72.86 Primary Arterial 91.98 62.20 154.18 Secondary Arterial 9818 115.74 213.92 Collector 80.78 39.14 119.92 1Iq Cake Ray Roberts •. Figure 92022 Thoroughfare Plan OW�AI Yr Transit Consideration In 2001, The Denton County Transportation Authority (DCTA) was created to provide transit service of which the City of Denton is an original member. On November 5, 2002, the voters in Denton County approved the formation of DCTA by 73 percent. The DCTA Board of Directors is governed by a 5 voting -member board appointed by respective entities from Denton County (Denton County has two board representatives) and the DCTA member cities including Denton, Highland Village, and Lewisville serving two-year terms. Although the City of Denton does not manage transit service, it is important for the roadways and associated bicycle and pedestrian infrastructure to be designed in a way to encourage safe transit operation. DCTA operates fixed -route bus service on various thoroughfares throughout the City. Starting in 2021, DCTA also operates on -demand service in addition to fixed route service. As bus stop and on -demand pickup locations are planned, it is important to coordinate best locations especially in proximity to signalized intersections. Near -side or far - side stop locations each have their own advantages and disadvantages. The location for bus routes and service area for on -demand transportation in Denton is determined by DCTA. The roadway classifications in the City of Denton vary in their ability to facilitate transit service. Freeways: Transit service can operate on Freeways but cannot provide stops due to no pedestrian access. Transit service on freeways is done when connecting locations across large distances. Bus stops on these routes will be located on non -freeway streets at the origin and the destination, but not along the route. Primary Arterials: Transit service in urban areas is often located along primary arterials. The outside lane or curb lane is where the bus travels and provides stops along the corridor. These corridors provide a lot of potential roadway capacity and high speeds to make transit service more efficient. The downside of transit service along primary arterials is the conflict of traffic speed with pedestrian access and surrounding vehicle traffic. When buses make UNT Bus DRAFT 447 regular stops along primary arterials, it can present safety issues for the bus service and the other vehicles along the corridor. Secondary Arterials: These corridors are the best roadways for transit service. It balances the need to promote efficient transit service on higher -speed roadways with safe vehicle operation. Transit vehicles on secondary arterials use the curb lane to provide access to transit riders. Collectors: Collectors are often used as transit corridors but do not have the city-wide connectivity that is seen on arterials. They provide safe boarding and alightings for transit riders. Collectors in the City of Denton are often only 2 -lanes, so when buses make stops they often stop the progression of other vehicles along the corridor. In some cases, collectors in the City are not designed for larger vehicles such as buses and can make it difficult to navigate along collectors. 30 DENTON MOBILITY PLAN 448 � iii BICYCLE PLAN BICYCLE PLAN Purpose of the Bicycle Plan Recent decades have seen a stronj surge of growth within the City of Denton and the Dallas -Fort Worth metroplex. This growth has propelled Denton to become one of the fastest growing City in Texas. Denton also has a strong employment force anchored by the University of North Texas, Texas Woman's University, and the Central Business District. As the Denton area has grown, the City has remained actively involved in striving to address the growing demand for multi -modal facilities. These efforts are reflected in previous Bicycle and Pedestrian plans that have been developed. The purpose of this section is to identify goals and priorities that elevate the importance of bicycle planning and design in the City of Denton. Mobility Plan Goals Bicycle Plan Goals Maximize the number of future bike routes which connect to existing bike routes Create a bicycle and pedestrian friendly environment throughout Denton prioritizing safety, comfort and connectivity Increase mobility choices by planning for bicycle routes which connect commuters to high demand destinations Develop facilities in accordance with latest 'Levera _ - guidance such as FHWA's Bikeway Selection r®; Innovation Guide and NACTO's Urban Bikeway Design Guide for safe, comfortable, and equitable facilities for all ages and abilities Existing Conditions Existing Facilities The City of Denton's existing bicycle network includes approximately 90 miles of bike lanes, sidepaths, shared lanes, and urban shoulder lanes as shown in Figure 10. Additional planned routes are currently funded for near-term implementation. A majority of these routes are located within or near the University of North Texas, Texas Woman's University, the A -Train, Downtown Denton, and city parks. A few routes have been implemented in more residential areas north of US 380 and east of Downtown. Figure 10: Existing Bicycle Facilities Current User Data Strava Data from Strava was obtained to gain an understanding of the routes that bicyclists currently prefer to use in Denton. Strava is an app that bicyclists can use to track their bike rides. These data are valuable in showing the preference of bicyclists within the City of Denton. The figure below shows that bicyclists are heavily using routes with bicycle lanes or separated facilities. These routes include: • Windsor Drive • Oak Street • Hickory Street • Eagle Drive • Highland Drive • Denton Katy Trail 1; J HIGH ACTIVITY LOW ACTIVITY Figure 11: Bicycle Strava Data w Bicycle Crashes Between 2017 and 2022, there were 15,899 motor vehicle crashes in the City of Denton based on TxDOT crash data. These crashes involved 141 pedestrians and 120 bicyclists, of which 225 were reported injured orpossibly injured. Additionally, 15 pedestrians and 2 bicyclists died as a result of motor vehicle crash during this time period. [rashes involving bicycles are shown in Figure 12. 0I I a. IV Was INME IN rs flem Figure 12: Bicycle Related Crashes Priority Destinations and Connections When asked where Denton residents prefer to bicycle most, the top answers included Parks and Recreation, Restaurant/Bar, and Library/Community Center. These answers are summarized in the graphic below. In addition, a broader discussion was had on which connections were important to Denton residents. These connections are summarized as follows: • Connect on -street bike network to the existing and planned trail system • Universities • Downtown • Transit stations • Connect across major barriers where possible — highways, major arterials, rail • Increase access south of 1-35E • Consider converting vehicle lanes to bicycle lanes on some oversized roads Transit Library/Community Center Restaurant/Bar Shopping School Work Parks and Recreation Preferred Facilities When asked what types of facilities Denton residents prefer to bicycle on, there was a consistent theme noted of separated facilities which offer some form of striped or physical buffer. Many commented that these types of facilities made them feel safer while biking. Their answers are summarized in the graphic below. Off -Street Trail Separated Bike Lane/Sidepath Buffered Bike Lane Bike Lane (Major Thoroughfare) ,0% ,0' Bike Lane (Minor Street) Shared Lane Markings Figure 14: Preferred Cycling Facilities Results Figure 13: Preferred Cycling Destinations Results 36 DENTON MOBILITY PLAN 454 Online Survey Results The online survey received 370 responses from residents about their frequency of traveling by bicycle. The results showed that 24.3 percent of respondents traveled by bicycle three or more times per week, and 21.6 percent of residents traveled by bicycle 2 or less times per week. Of the respondents, over 50 percent reported that it was either difficult or very difficult to bicycle to destinations within Denton from where they live. When asked aboutthe main reasons that prevented them from bicycling, most of the respondents said that there are not enough bikeways and that the bikeways do not feel safe or comfortable. Many respondents also mentioned that crossing 1-35E was a major hurdle for bicycling in Denton. When it comes to the bicyclists in Denton, most of the respondents identified themselves as casual recreational cyclists, with the next largest group considering themselves commuter cyclists. The preference of the overwhelming majority of cyclists in Denton is to bicycle on protected bicycle lanes. The online survey and responses are provided in the appendix. 1. How often do you travel by. Frequently (3 or more times per Infrequently (2 or less times per week) week) Never Personal Vehicle O O O Walking O O O Bicycling O O O Public Transportation O O O Rideshare (Taxi, Uber, Lyft, etc.) O O O 2. How do you make decisions about how to travel in Denton? (Choose up to 3) ❑ How quickly I can get there/convenience ❑ Cost ❑ Family Needs ❑ Ease of Parking ❑ Mostenjoyable ❑ To get exercise Figure 15: Sample Survey Questions DRAFT 455 Bicycle Plan The development of the Bicycle Plan map began with the goals of the mobility plan and the public input received on preferred routes, connections, and facility types. With this information in hand, the next steps included identification of new network opportunities, and a review of barriers and constraints. Identification of New Network Opportunities Opportunity corridors are defined as corridors where existing characteristics make them desirable for the implementation of bicycle facilities. These corridors were identified based on several factors, including: • Available existing pavement width for on -street facilities. • Some roadways may require on -street parking reconfiguration to accommodate an on -street bike facility. • Available ROW or easements for off-street facilities. • Roadways not built to their ultimate Thoroughfare Plan section. • Additional expansion of the bike network in new growth areas as new thoroughfares are built. In addition, off-street connections were evaluated utilizing rail corridors, floodplain corridors, parks and open space, and other corridors in coordination with the Parks and Recreation Department. 1'...1 Review of Barriers/Constraints Some desired connections and crossings are not easily implemented within existing pavement sections or ROW and will require strategic design improvements. These include: • Major highway crossings. • Roadway intersections with constrained pavement/ ROW. Selecting the most appropriate locations for crossing major barriers such as 1-35E were considered in the Bicycle Plan map development, while allowing for flexibility on the types of treatment at specific locations. The culmination of these efforts is presented in Figure 16 on the following page. The map illustrates the existing and proposed/future bike facilities along with: • Primary Bike Network(perTransportation Criteria Manual, all collectors and arterials should either be separated bike lanes, or 10 ft sidepaths) • Facility would terminate at a limited access road. Identify alternative termination point, or a destination the facility would terminate at (ie. Park, School, Business). • Facility limits at the City of Denton jurisdictional boundary. Mobility Plan should note that facility types will require coordination with the adjacent jurisdiction. 1� A,fill fill' 0 .......... � � �� - �� ; - , �� �� 11 �' i<<,,, s r�►����' .... ,._� ----- - �.,., ^ � L @ lit. ,••a1i. • Q i n L 1 iYugl a.:'stlk' I , ` I -f UNT Pedestrian Bridge Photo Credit: Suzanne Rumohr 2022 BICYCLE PLAN MAP The map below shows the improvements to be implemented in the 2022 Bicycle Plan. Table 3 shows the existing miles of bicycle facilities in Denton, the proposed new miles, and the new total miles if the plan is built out. Figure 17 on the next page includes a more detailed view of the Bicycle Plan within the city core. Table 3: 2022 Bicycle Plan Mileage s. Figure 16: 2022 Bicycle Plan *'3yr Existing Miles Proposed Miles Total Miles On -Street 29.64 181.60 211.24 Sidepath 2.01 195.18 197.19 Tra i I 29.25 122.39 151.64 Future Development Tra i I _ 28.19 28.19 s. Figure 16: 2022 Bicycle Plan *'3yr 0 ■ • " d NEI � 1I� NM' ME lm--I�riil Figure 17: 2022 Bicycle Plan City Co n n r m r D z On -Street Facilities Bike Lanes DESCRIPTION Bike lanes are typically one-way facilities that carry bicycle traffic in the same direction as adjacent motor vehicle traffic. Contraflow lanes allow cyclists to travel in the opposite direction of vehicle traffic. Bike lanes are provided for the exclusive or preferential use of bicyclists on a roadway and are identified through signage, striping, or other pavement markings. These lanes allow bicyclists to ride at comfortable speeds and encourage a position within the roadway where they are more likely to be seen by motorists. Bike lanes are typically on the right side of the street, between the outside travel lane and curb, parking lane, or road edge. While the lane distinguishes predictable areas for bicyclist and automobile movement, bicyclists may leave the bike lane to pass other cyclists or avoid debris and conflicts with other street users. TYPICAL USE • On streets with moderate traffic volume (3,000-10,000 ADT) • On streets with moderate travel speeds (25- 35 mph) • Bicycle facilities with greater separation should be considered on higher speed (>35 mph) and higher volume roadways FACILITY BENEFITS • Bike lanes create a designated space for bicycle travel and increases separation from automobiles • Positioning of bicyclists is more predictable than on roadways without bike lanes • Bicyclists are able to continue riding at a comfortable speed even as vehicular traffic slows in the adjacent travel lanes DESIGN GUIDELINES • The desirable bike lane width adjacent to a curb face is 6 feet to allow bicyclists room to avoid potential conflicts such as wide gutters or parked cars. However, a minimum bike lane width of 5 feet is acceptable • The maximum width should not exceed 7 feet so that lanes are not mistaken for automobile travel lanes or parking areas • A solid white edge line should be placed between the bike lane and travel lane • Standard Manual on Uniform Traffic Control Devices (MUTCD) bike lane symbols and arrows should be used to inform bicyclists and motorists of the restricted nature of the bike lane, and markings should be placed at periodic intervals to remind motorists of the presence of bicyclists • Traffic control devices such as vertical flex posts, green pavement markings and wayfinding signage may be required to enhance the proposed bicycle facility in accordance with the City's Transprtation Design Criteria Manual DRAFT 459 Seperated Bike Lanes When sufficient roadway width is present, or if extra travel lanes are reduced, a buffer may be striped between a bike lane and travel lane to provide additional comfort for both bicyclists and motorists. This provides space for bicyclists to pass one another or ride side by side without encroaching into a motor vehicle travel lane. The buffer adds to the perception of safety and encourages greater use of the on -street bicycle network. Additional separation may be achieved with the use of vertical elements, including "armadillo" delineators, curbing (bolted plastic or permanent concrete), candlesticks, reflectors, or other elements. It appeals to a wider set of bicycle users by providing added separation between motorists and bicyclists that may be traveling at substantially different speeds. TYPICAL USE • Appropriate for use anywhere a standard bicycle lane is being considered • Beneficial on streets with higher travel speeds (> 35 mph), higher travel volumes (10,000+ ADT), and higher truck traffic • The inclusion of buffered bike lanes is best accomplished as part of retrofits of existing roadways with more travel lanes than needed FACILITY BENEFITS • Creates greater separation between bicyclists and motor vehicles • Increases the perception of safety among bicyclists • Encourages less -skilled riders to cycle on streets with higher travel speeds and higher travel volumes DESIGN GUIDELINES • Buffers should be delineated by two solid white lines and be at least 2 feet wide. If wider than 3 feet, chevron or diagonal hatching should also be marked • A 5 foot minimum bike lane is recommended • Bicycle markings and signage should be used the same as a conventional bike lane Shared Streets Shared lane routes or shared streets are not considered one of the primary bicycle facility types, since nearly any city street can be considered a shared facility that bicyclists use. The focus of the 2022 Bicycle Plan is to maximize rider comfort by shifting the focus away from shared lanes. However, all local streets are considered shared facilities as their low speeds and volumes allow for a reasonable level of comfort for bicyclists. Nevertheless, additional wayfinding, improved crossings of major streets, and other treatments suggested by FHWA, NACTO, and others, can increase the comfort and safety of bicyclists on shared facilities. 42 DENTON MOBILITY PLAN Off -Street Facilities Shared -Use Sidepaths Shared -use sidepaths function like most paved trails. They are physically separated from motorized vehicular traffic, either by a landscaped buffer or a barrier, but rather than having an independent alignment, they are designed to follow roadway corridors. These facilities are particularly useful when roadway width is limited and providing an on -street bike facility is not possible. These paths are designed for two-way travel, and in addition to bicyclists, path users may include inline skaters, skateboarders and pedestrians. TYPICAL USE • Connecting on -street bikeways to the off-street trail network • Continuing the on -street bike network in areas with constrained pavement width or other physical constraints • Along higher -speed roadways with wide parkways and limited driveway and street crossings • Providing a two-way bike route near schools or other areas that attract younger bicyclists FACILITY BENEFITS • Sidepaths tend to attract a wider variety of bicycle rider skills and ages due to the increased separation from vehicle traffic • Sidepaths can provide access to destinations along limited -access freeways where other bike facilities would not be appropriate DESIGN GUIDELINES • Sidepaths should avoid being built along roadways with frequent street or driveway crossings. At intersections, bicyclists will often be out of the line of sight of turning motorists • Appropriate signage and markings should be included at each driveway and street intersection to alert motorists of bicycle travel • Prohibiting right turns on red at sidepath crossings can reduce conflicts between drivers and bicyclists. Providing a leading pedestrian interval at crossings may be appropriate to accommodate higher levels of path use • Each end of a sidepath should directly connect to an on -street bike facility, another trail or path, or to a bicycle -compatible local street • The minimum paved width for a shared -use path is 10 feet • In constrained areas or when low bicycle traffic is expected, a reduced width of 8 feet may be used • The minimum recommended distance between a sidepath and adjacent roadway edge is 5 feet. A barrier should be provided where the separation is less than 5 feet 43 DENTON MOBILIT'hLAN DRAFT 461 Trails Trails consist of wide paved pathways which are built outside of the roadway Right -of - Way. Trails are typically designed with recreational use in mind for both bicyclists and pedestrians, though some trail alignments can also be ideal for bicycle commuters. Trails also serve to connect parks and open spaces, adding to the overall recreation amenities and quality of life within the City. TYPICAL USE • Appropriate for implementing in currently underutilized spaces, such as: • Floodplains and streams • Utility Easements • Rail Corridors • Parks and Open Spaces • Useful for making bicycle and pedestrian connections outside of the roadway network if improvements within the roadway network are difficult or unfeasible FACILITY BENEFITS • Provides the maximum separation between vehicular traffic and bicycle traffic -' • Establish connections between recreational destinations such as parks • Enhances the quality of life of the surrounding community DESIGN GUIDELINES • Trails should be designed to a minimum width of 10 feet, and ideally 12 feet for bicycle and pedestrian traffic • Trails should be paved with concrete, asphalt, or stone dust/pea gravel where pervious or natural surfaces are needed • Pavement markings should be installed on high -traffic trails to delineate directional traffic, or in some cases to delineate pedestrian vs bicycle traffic • For more information and design guidance, see Denton Parks, Recreation, and Trails Master Plan. Hard surfaces are preferred, and all facilities must comply with the most current ADA and TAS standards. 44 DENTON MOBILITY PLAN What Type of Facility to Use? Many factors go into what is the most appropriate bicycle treatment for a given roadway. These factors include functional class, number of travel lanes, pavement width, pavement conditions, available ROW, vehicular speed, and vehicular volumes. The 2022 Bicycle Plan was developed in conjunction with the 2022 Thoroughfare Plan, therefore the functional class of future roadways was considered in the bike planning process and bike facilities are incorporated into the proposed cross sections. Speed and Volume as a Determining Factor Important factors when considering the safety of pedestrians and bicyclists traveling within or adjacent to a vehicular travelway are vehicular speed and volumes. As shown in the graphic below, the chance that a collision results in a fatality doubles from 40% to 80% when vehicle speeds increase from 30 mph to 40 mph. Therefore, facilities placed on roadways with speed limits over 30 mph should be preferentially considered for separation treatments. Higher -volume roadways may also warrant higher -type treatments, including greater separation, crossing improvements, bike -specific signal phases, and so on. All of these decisions should be made in consort with the Plan Goals as stated earlier in this document. Facility Type Decision Tree Below is a decision tree to guide the decision-making process in determining the type of bicycle treatment to apply to an existing roadway. TThis decision tree is merely a guide. Decisions depend on the nature of a project and what infrastructure may be included. Further detailed information provided for specific roadways may result in an appropriate bicycle treatment which defers from the decision tree. Roadway Type New or Major Retrofit Build per MTP Functional AADT Class < 15,000 Cross Section Speed Limit < 30 MPH s 6'available > 6'available shoulder shoulder width width On -Street On -Street Bike Lane Buffered Blke Lane Speed Limit > 30 MPH On -Street Buffered Blke Lane Existing or Minor Projects nd maintenanc AA DT >_ 15,000 Speed Limit Speed Limit <_ 35 MPH > 35 MPH ROW Constrained On -Street Seperated Bike Lane 19: Facility Type Decision ROW Available 464 PEDESTRIAN PLAN R17 IVY - IL 'Ilk 465 K•c- PEDESTRIAN PLAN Purpose of the Pedestrian Plan This Pedestrian Plan is intended to help the City of Denton prioritize walking investments in places where they will have the greatest impact on safety and equity for all residents and visitors. The Pedestrian Plan is a visionary document that provides a roadmap for Denton to become a more walkable, pedestrian friendly city. It will complement the Thoroughfare Plan and Bicycle Plan and provide a blueprint for future pedestrian improvements throughout the city. As the City of Denton continues to increase in population growth and economic activity with more businesses, it will be important to address the needs of pedestrians as an alternative mode of transportation. This Pedestrian Plan seeks to coordinate with the ongoing ADA Transition Plan for the City of Denton that also identifies and prioritizes pedestrian infrastructure improvements. UNT Campus Existing Conditions Sidewalk Data o M N There are approximately 469 centerline miles of sidewalk and 24.4 miles of trails currently constructed in Denton. Figure 20 represents the existing and missing sidewalk network in Denton. A majority of the existing sidewalk network is located in z downtown Denton and in the surrounding neighborhoods. Areas around the University of North Texas and Texas Woman's University also have much of the City's existing sidewalk network. D z s. Figure 20: Existing Sidewalk As represented in Figure 21, 21% of the roadways within the City of Denton have sidewalks located on both sides of the roadway versus 6% of roadways with sidewalks on one side of the street. 6% of the roadways within Denton have disconnected/partial sidewalks along one or both sides of the roadway, representing a barrier to accessibility and mobility to area residents. According to the ADA Transition Plan (August 2019), many of the sidewalks in Denton are 5 feet or wider and constructed of concrete with brick insets in several areas. The area south of 1-35, including Shadow Ranch, Summit Oaks, River Oaks, and Wheeler Ridge neighborhood associations, have sidewalks less than 5 feet in width. The Denton Transportation Criteria Manual recommends the following minimum sidewalk widths: • Residential/Arterial: 5 feet minimum • Collectors: 8 feet minimum • Sidewalks along bridges and drainage crossings: 6 feet minimum TheADATransition Plan alsocompleted a detailed inventory of sidewalks, ramps, and intersections conditions. • 35% of the sidewalks were rated as Marginal, Poor, or Very Poor According to Walk Score data, Denton has an average Walk Score of 33. Walk Score data measures walkability on a scale from 0-100 based on walking routes to destinations such as grocery stores, schools, parks, and retail. These metrics also include population density, average block length and intersection density to determine pedestrian friendliness. Figure 21: Location of Sidewalks Along Roadways 21% Both Sides 6% One Side 6% Partial Sidewalk 67% No Sidewalk 50 DENTON MOBILITY PLAN 468 Of Figure 22: Pedestrian Strava Data people 0 in 44 Denton p walk to work 11f� daily Current Users In Denton, according to the U.S. Census Bureau, 3,000 residents walk to work daily. Providing safe and accessible pedestrian infrastructure for these residents as well as those commuting to parks, shopping centers and leisure activities is an important aspect to improve quality of life. Pedestrian activity in Denton was viewed through Strava's Global Heat Map, which identifies roadways and trails that are utilized by those using smart phone crowd -sourcing. This analysis identified many different, heavily utilized routes located along many streets in Downtown Denton as well as Teasley Lane and E Windsor Drive. University facilities and the North Lakes Sports Complex are also highly used by pedestrians. Figure 22 represents the Strava crowd -sources pedestrian data in Denton. DRAFT 469 A Mobility Plan questionnaire was conducted as part of the study, which included questions related to walking in Denton. Survey data as well as responses from participants at two public meetings revealed the following: • 59% of respondents think it is either Difficult or Very Difficult to walk to places in Denton • 78% of respondents Strongly Agree or Agree that every street should have a sidewalk • When asked "what are the things that prevent you from walking in Denton," respondents answered (respondents could choose up to 3): • 60% sidewalks are not connected • 53% destinations were too far • 32% sidewalks are in poor condition • 24% weather • When asked "Which improvements would make you more likely to walk around the City," respondents answered (multiple): • 73% more sidewalks/better connectivity • 58% more landscaping, including trees for shade • 52% better lighting • 49% better sidewalk conditions Further comments related to walking included the need for continuous sidewalks adjacent to schools, transit stops and parks to improve accessibility and mobility for all users. Several comments related to sidewalk closure during building construction were also raised as an impediment for pedestrians as it forced them into the street as their only option. Policy changes could occur related to construction that affects the pedestrian right- of-way and provide a safe, accessible alternative during construction period. Denton Katy Trail Crossing at Brinker Road Photo Credit: Suzanne Rumohr �"'! �� .� _..Iia „s> • __ — 470 Safety o Based on TOOT Crash Records Information System, from 2017 to 2021, there have been 161 pedestrian -related crashes M I within the City of Denton. As shown in Figure 23, a majority of the pedestrian -related crashes occur in areas where 7O D there is a higher occurrence of pedestrians, adjacent to the UNT campus and Denton Square areas, but more deaths are z reported along high speed roadways. r As shown in Table 4, there have been 11 fatal pedestrian -related crashes since 2014. 49% of the pedestrian -related z crashes were either at a driveway, intersection, or intersection -related. IN I, , Figure 23: Pedestrian Related A&& I', 46 Year 2014 1 2015 2016 2017 2018 2019 2020 2021 Total Fatality 0 1 3 4 3 2 4 3 20 Suspected Serious Injury 6 8 8 5 9 8 4 6 54 Non - Incapacitating 14 19 14 24 11 20 7 18 181 Injury Possible Injury 6 6 1 3 1 1 1 7 7 1 50 Tota 1 1 28 1 34 1 29 1 38 1 32 1 50 1 24 1 36 1 161 RECOMMENDED IMPROVEMENTS Sidewalk Prioritization Process The purpose of the Pedestrian Plan is to identify the missing sidewalk/pedestrian infrastructure throughout the City and provide a framework for implementation to improve accessibility and mobility. Special consideration was given to sidewalk improvements in downtown Denton and Safe Routes to School infrastructure that connects neighborhoods to schools. The first step in completing the prioritization process was to identify existing and missing sidewalk infrastructure including bond projects and roadways under construction. 2022 PEDESTRIAN PLAN MAP The map below shows the improvements to be implemented in the 2022 Pedestrian Plan. Table 5 shows the existing miles of sidewalk in Denton, the proposed new miles, and the new total miles if the plan is built out. Figure 25 on the next page includes a more detailed view of the Pedestrian Plan within the city core. Table 5: 2022 Pedestrian Plan Mileage s. .A Figure 24: 2022 Pedestrian Plan WAWaZ��—% 3 e Miles Existing Sidewalks 469.37 Proposed Sidewalk Program 742.44 Gap Project Sidewalks 6.64 Total 1,218.34 s. .A Figure 24: 2022 Pedestrian Plan WAWaZ��—% 3 e Sidewalk Plan City Core Existing Roads Sidewalk Railroad Proposed Sidewalk Program Airport Sidewalk Gap Parks Project City Limits ETJ 0 0.5 1 2 3 N Miles Go to www.cityofdenton.com/mobilityplan for a more detailed online map of the pedestrian plan. 17 35 B PHI WINDS RI IPTU LE —lr LCl —r L HIGHLAND ��rr—JAl— _ > w EAGLE Q �O m COLLINS J� { z �LI "0 ril Pi Figure 25: 2022 0011 if I LOOP 288 v Best Practices This section presents the best practice design guidelines for pedestrian facilities to improve accessibility, mobility, and safety throughout Denton. These practices are not exclusive to sidewalks and crosswalks as they also include context -sensitive design solutions for a more complete streets approach. These best practices are consistent with the City of Denton Transportation Design Criteria Manual (2018), and draw on guiding documents from FHWA, AASHTO, and NACTO. Other organizations such as ITE, APA, the League of American Bicyclists, and other industry groups, should be looked to for up- to-date design guidance on multi -modal safety and access. All improvements must also adhere to the most current design standards from ADA (including the Public Right -of -Way Accessibility Guidelines currently under development) and TAS. This list is only a selection of potential improvements; other traffic and infrastructure improvements such as improved retroreflectivity of striping, preferential traffic signal phasing (including leading pedestrian intervals), etc., may also be considered. Sidewalk Width: recommended sidewalk minimum width is 5 feet (6 feet desired), which allows two people to pass comfortably or to walk side-by-side. Sidewalk widths should be 8-12 feet in commercial or downtown areas. A frontage zone or buffer zone can provide additional width and safety for pedestrians. Sidewalk Clearance: sidewalks should be clear from obstructions of a height of at least 8 feet to ensure access for all sidewalk users. Access Management: Crash rates have been shown to increase as driveway density increases. Limiting or consolidating vehicle access points reduces conflict points and improves traffic operations. High Visibility Crosswalks: also known as ladder style markings are more visible to approaching vehicles and improve yielding behavior. Brick pavers, with retroreflective pavement markings, can also be used to increase visibility. Rectangular Rapid Flashing Beacon (RRFB): are effective devices at uncontrolled intersections for increasing motorist yielding rates and reducing pedestrian -vehicle crashes at crosswalk locations. High Intensity Activated Crosswalk (HAWK): signal used where volumes of traffic or roadway width suggests that motor vehicles should be stopped when pedestrians cross roadway. Crossing Islands: raised islands placed in the center of the street at intersections or midblock. Should be at least 6 feet wide but have a preferred width of 8-10 feet. Sidewalk Access During Construction: any construction project that obstructs the sidewalk should be mitigated through the provision of a temporary sidewalk that affords a safe and convenient passage. Curb Radii. minimizing the size of a corner radius is critical to creating compact intersections with safe turning speeds. Recommended curb radius for residential streets is 15 feet and local/collector streets is 20-30 feet depending on traffic volume. Curb Extensions: visually and physically narrow the roadway, creating safer and shorter crossings for pedestrians while increasing the available space for street furniture, benches, plantings, street trees and parking. Pedestrian Lighting: should be placed in advance of midblock and intersection crosswalks to make pedestrian more visible and increase comfort and safety. i 475 PLAN Draft 2022 Mobility Plan Update Capital Projects/Engineering Department Rebecca Diviney, PE Nathan George, AICP January 25, 2022 10 &F � IMPROVINGCITY DENTON D ENTCCIC)N k We PURPOSE: UPDATE THE 2015 MOBILITY PLAN DENTON CITY ff HNIJN MOBILITY PLAN Kimley>>>Horn 1 1 JUNE 7016 r 111 IMPROVING DF -i\4 I iCCC)r PROGRESS ■ Stakeholder Engagement ■ Addressed Community Input Themes received as applicable ■ Worked in concert with ■ Denton 2040 Comprehensive Plan ■ Land use assumptions ■ ADA Transition Plan ■ Denton Parks Trails Master Plan Bicycle ■ Reviewed and updated Goals, Objectives, and Strategies ■ Reviewed Plan Elements for all three modes of travel ■ Next Steps ■ Questions & Direction IMPROVING DLi\4 i N City Council ID 21-2702 January 25, 2022 Auto Pedestrian 91 A]Ak u A6 Denton Plan 2040 Growing with a Unified Purpose UN1TE,GW,oW,, 4i�,rco •I• it •1• Zi• Implement "Complete Streets"' Strategies on Roadways in Denton Plan, develop, and implement a comprehensive transportation system that serves all users and modes of travel. Effectively Manage and Improve the Roadway System Develop and maintain a robust and efficient vehicular circulation network. Enhance Regional Mobility and Coordination 3 En-COLrage development of a regional transportation network that addresses )regional mobility needs for all modes of travel, Promote Transportation Demand Management, Transit and Efficiency Utilize Transportation Demand Management strategies to manage demand and maximize available capacity. we L)EN i C)N City Council ID 21-2702 January 25. 2022 owl •I• 7 •1• =i• «• Ensure Coordination between the land Use and Circulation Systems Facilitate close coordination between development of land use and circulation system. =i• Fund and Evaluate theCity's Transportation Network Explore opportunities to secure funding for enhancing the eireulation system. 6 Develop and Implement Vision Zero Plan for Denton Promote a Friendly Active Transportation System in Denton Create a bicycle and pedestrian friendly env iron mentthroughout Denton for all types of users and all trip purposes in accordance with the five "Es:" Education, 8 Encouragement, Enforcement, Engineering, and Evaluation. Create a Safer Plate to Walk and Ride a Bicycle Provide a safe, convenient, and attractive bicycking and pedestrian environment. AppIV design standards, enforcement of traffic laws, mai ntenance practices, anti9F safety awareness campalgns to encourage and incorporate the use of bicycle and Ok pedestrian faciIItie5,Cf f G� we PLAN ELEMENTS: AUTO MOBILITY All 2422 Thorioughfare Plan Freeway Roads Primary Arterial Rallnud Second aryArterial Airport Collector Parkw Proposed Freeway City Limit., - — - Proposed primary Ef7 Arterial - Proposed Secondary Arterial Proposed Collector N I,A IFi �k' G010 www.cilyofdenton.com/rnobililypian for a maredetailed arklinemap afthe thorouglifare plan. Nate: 1. YhGmbgh nes In HuatsfXDle Ranch area are IMPROVING - part of rjavierlple mastef�laa�neutorn enks fn • underrevlew &L of gerly 2422_Allgnmentr ms'y change. COI. undeveloped arras of The city oral its Ell, cI lhecWr streets Inas wnneut to thr Primary I acrd Seco-dary Arteriaks will be required as pa rt overall 6f &e develminenr. DLiIIIIIIIII4 35 Fiq Mg IN -.;Ia•� J r r� � Awa . FiQljrc' 9.2022 Tho. Primary Purpose: • Determine Alignment • Determine Right -of - Way Needs • Coordinate Design Standards City Council ID 21-2702 January 25, 2022 481 PLAN ELEMENTS: BICYCLE MOBILITY Bicycle IMPROVING D F_ IN 2022 Bicycle Plan — Existing Shared Street Rua -45 — Exlstirr$ Bike Fane I R�ilrg8d — i;xi5tirlg 5idepath Airport g — Existing Tra I I parks, a •- Future SharQd Street City Lltnits -- Future Bike Lane ET) Kuture Separated Bike Lane _ _ M 21 'i.W. ti I I -Future 5idepath - -+ - - a - - * � r -i - Future 7roi1 w T r — planned Trails Primary Bike Network 2 P 0 proposed Bike Overpass u ; 316 , L Termination at Tx DOT facility _ , , * Coordinate with neighbaring t -r --FdA 428 1 4L T til F I N 156 i -- _y- .. - e fy t I } + j yllI � t IP mfiIcycle Pian Goals -W City Council ID 21-2702 January 25, 2022 482 b 1' DEIdTON MOBILITY PLAN . IMF' 1 3 -- �Y Oki i �A SHARED LANE BUFFERED TRAFFIC - MARKINGS BLIS LANE BIKE LANE BIKE LANE QUICK -BUILD FULL -BUILD TRAFFIC - MARKINGS LOW-VOLUME SHARED LANES CONVEN11`I0NAL BIKE LANES SEPARATED BIKE LANES STREETS PLAN ELEMENTS: BICYCLE MOBILITY Bicycle IMPROVING D F- i � 1 iC,CC),[N I lF&IFF4 tZWt. cNir-CW FOR T*ON E O ON OTY OF W"D "16N�+#a4mmmmmmmmw LTS 4 LTS 3 LTS 2 LTS 1 Zwndily mqljlrn veyw1w wlv� eke rare or axwRw comwavy Seed ftm TmtAc Separmiw may tie comove wmm Ampher speed eaffx on a busy sbp d. bcd ria Ther -CrusmrW are and haJ w n �1es are an a bef- pwecnon a easy � flow 8 Dipresml Of ca�ahle r�drrry�. percenrol mist emmuno WON mJFcfe. aWIML LM �►er�efa! of acrid � ra �nar�d � cornfwaml 1c4 pAm source: Oregon DOT https://www.oregon.gov/odot/Get-Involved/Docs_ACECODOT/2021-D2-R1-01-Active-Transport.pdf City Council ID 21-2702 January 25, 2022 =evermore =1411116 I DENTON' MOBILITY i, PLAN j 0- nN 1!, 11 11: 11, fkDrint City Council ID 21-2702 January 25, 2022 10 Rpoye 24.; 1033 PedesVon Moo C*cps: Roadway 'rnpc �e Update • Best practice for Roadway Impact Fees collection using the latest Mobility Plan which provides road classification and location • Current Roadway Impact Fees require an update with 2022 Mobility Plan IMPROVING DLi� i ic,,C)r City Council ID 21-2702 January 25, 2022 IMPROVING D L N i N Questions ? City Council ID 21-2702 January 25, 2022 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 21-2388, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction on pending City Council requests for: (1) A work session to discuss accelerating the request for an automated notification dashboard out of the Planning and Zoning Commission matrix and develop and implement this system and dashboard for weekly notifications. [Estimated Presentation/Discussion Time: 30 minutes] City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legistar' 488 DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: City Manager's Office ICM: Sara Hensley DATE: January 25, 2022 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com SUBJECT Receive a report, hold a discussion, and give staff direction on pending City Council requests for: (1) A work session to discuss accelerating the request for an automated notification dashboard out of the Planning and Zoning Commission matrix and develop and implement this system and dashboard for weekly notifications. BACKGROUND During the annual City Council retreat on Saturday, August 21, 2021, the City Council agreed to amend their current ordinance and the process by which they ensure there is a consensus of the City Council regarding the use of staff time when responding to requests from elected officials that anticipate taking more than two hours to complete or if there is a City Council policy decision to be made. The process developed during the retreat was further discussed and formally adopted at the September 28, 2021 City Council meeting (Exhibit 2). Staff will review one outstanding request for information per elected official during each work session. The weekly work session process will include staff introducing the requested topic followed by the requesting elected official having up to two minutes to describe and justify their request. Remaining elected officials will then have up to one minute to provide feedback and indicate their support for the use of staff time to respond to the request. Staff will respond to all requests where a consensus of at least four elected officials is established. To the extent possible, responses will be provided in the requested format including Informal Staff Reports, Legal Status Reports, City Council work session topics, or ordinances and resolutions to be considered on future City Council agendas. The Agenda Committee will assist in scheduling items receiving consensus based upon priority offered by Council Members, work session availability, and readiness of the item depending upon total number of staff hours needed to develop, and the departments involved. As guidelines for Council Members to note and offer their priority while supporting an item, the following general categorization could be used to indicate any Council Member's support in order to assist staff and the Agenda Committee. The following takes into consideration the perceived urgency, impact, and/or importance of the item. It is a general framework only to help offer some prioritization, especially in consideration of other scheduled Council priorities, major goals and projects, and scheduled work. High — Time -sensitivity of the item is significant; the item is critical to the community or organization; and/or the item is of such importance that it should take precedence over other scheduled priorities, projects, or items. 489 • Moderate — The item is somewhat time -sensitive; the item has a valuable impact to the community or organization; and/or the item is important but should be integrated into work plans accordingly. • Low — The item is not time -sensitive; the item has an impact but it is limited; and/or the item should be scheduled into work plans where possible, but should not affect or delay other scheduled work. The following items will be discussed during this work session: A work session to discuss accelerating the request for an automated notification dashboard out of the Planning and Zoning Commission matrix and develop and implement this system and dashboard for weekly notifications. a. Requestor: Council Member Beck b. Council Member Request: "During the 2020 timeframe, PZC commissioners Tim Smith and Brian Beck, in response to numerous public feedback events in which citizens and ETJ neighbors complained of insufficient notification for developments, requested an opt -in notification system for developing parcels be implemented to augment the 250' and 500' notification methods, and that this be added to the PZC matrix. This system would be opt -in, automated notification by registered email for any changes, but especially public hearings, for any parcel within a user- specified distance of a given address or GPS coordinate. Smith and Beck inquired numerous times about the status of such a system during PZC meetings. I request we accelerate this out of the PZC matrix and develop and implement this system and dashboard for weekly notifications." c. Staff Information: Staff could create an online form to allow interested individuals to select an area to receive notifications. Those notifications could go out weekly based on projects submitted that week. The implementation of a system like this may have the following implications: • The individual would become aware of the project prior to any neighborhood meeting being held where changes to a plan may occur as a result of neighborhood input. • The increase in staff time responding to requests for information about projects and disseminating responses and citizen feedback for Council and the Planning and Zoning Commission. • The level of project for which staff provide notice to the public would change considerably. For example, if a final plat is noticed, then becomes no opportunity for a resident to alter an upcoming development since receives administrative approval at that point. • There would be an increased degree of complexity in separating the responses from property owners within 200 feet (which count towards the 20 percent opposition threshold) and all other responses received. d. Date requested. November 18, 2021 e. Format for response: Work session EXHIBITS Exhibit 1 — Agenda Information Sheet Exhibit 2 — Ordinance No. 21-1837 Exhibit 3 — Presentation Respectfully Submitted: Rachel Balthrop Mendoza Assistant to the City Manager 490 ORDINANCE NO. 21-1837 AN ORDINANCE OF THE CITY OF DENTON AMENDING SECTION 2-30 OF THE CODE OF THE CITY OF DENTON TO CHANGE THE TITLE AND INCREASE THE TIME FOR A REQUESTING COUNCILMEMBER TO DESCRIBE THE REQUEST; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 27, 2019 by Ordinance No. 19-2026, the City Council adopted Section 2-30 of the City of Denton Code of Ordinances to provide procedures to ensure there is a consensus of the City Council regarding the use of staff time when responding to requests from elected officials; and WHEREAS the City Council now desires to amend the City Council request procedures to change the section title to more accurately reflect the response types and to increase the time for the requesting councilmember to speak from one minute to two minutes; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Chapter 2, Article II, Section 2-30 of the Code of Ordinances of the City of Denton shall now read as follows: Chapter 2 - ADMINISTRATION ARTICLE IL — ADMINISTRATIVE ORGANIZATION Sec. 2-30. - City Council Requests for Information or Agenda Items. (a) Definitions. (1) For purposes of Section 2-30 the following definitions apply: a. "Request for Information" — Requests made by a member of the City Council to seek clarification on Board, Commission, Committee or City Council agenda items; address perceived service issues, infrastructure maintenance, or construction concerns caused by or impacting City operations and/or the quality of life for Denton residents; and requests for policy -related research to evaluate policies implemented by other agencies and/or assess the impact a new policy or potential program may have if implemented by the City of Denton. b. "City Staff' — Includes employees of the City of Denton consisting of or reporting to, the City Manager or the City Attorney. (b) City Council Requests for Information from City Staff. (1) All City Council requests for information from City Staff, must be submitted to the City Manager's Office via email and include at a minimum, the following details: a. Request Type; b. Purpose; 491 c. Time Sensitivity; and d. Preferred Response Format. (2) The City Manager's Office and/or the City Attorney's Office will estimate the amount of time required to respond to each request. (3) Requests estimated to take more than a total of two hours to complete will be brought forward within the next 30 calendar days, to a City Council work session to seek consensus from the full City Council regarding the use of City Staff time to fulfill the request. Requests for information referred to a work session will follow the procedures provided in sub -section (b) of Section 2-30. (c) City Council Requests for Information Referred to a Work Session. (1) A standing work session item will be added to each City Council agenda for City Council requests to be considered. a. The requesting Council Member will be required to provide a clear, written explanation describing the reason for the information requested. This description will be included as an attachment to the work session agenda materials and must be provided to the City Secretary in time to fully comply with Texas Open Meeting Act requirements. (2) During the work session, the requesting Council Member will have a maximum of two minutes to describe and justify their request. a. Remaining Council Members will then have a maximum of one minute each to provide feedback and indicate their support for the use of City Staff time to respond to the request. (3) Staff will respond to all requests where a consensus of at least four elected officials is established. To the extent possible, responses will be make in the requested format including Informal Staff Reports, Legal Status Reports, City Council work session topics, or ordinances and resolutions to be considered on future City Council agendas. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. SECTION 3. To the extent not otherwise provided, this ordinance shall repeal every prior ordinance in conflict herewith, but only insofar as the portion of such ordinance shall be in conflict; and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. 492 SECTION 5. The City Secretary is hereby directed to record and publish the above regulations in the City's Code of Ordinances. The motion to approve this ordinance was made by 1'Q -SSP_ and seconded by ?)<-, !e, the ordinance was passed and approved by the following vote Aye Nay Mayor Gerard Hudspeth: Vicki Byrd, District 1: ✓ Brian Beck, District 2: .f Jesse Davis, District 3: Alison Maguire, District 4: 1/ Deb Armintor, At Large Place 5: ✓� Paul Meltzer, At Large Place 6: f Abstain Absent PASSED AND APPROVED this the ��+h day of Sep*ePAM ae C , 2021. GERARD H SPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY S �, a9ixany s�ynea eycamenneccnan • � mu:a��,;�.a�ab�rde,a��.a�-�aaa •• � y�f_ �•� ee�n,me�r. ou=�aia6 cn_tawe,lne mwn�� �•••' `. •••" Q(3`�\ emalFxatheane.Cllfton�dryafde�xon cam �' • ,1- Y �• • t` 0 BY. 493 r=. .•i Jx CITY fly DENT, • .� M1 ���� ��vim{ �rni in t * 4 or bests for Infor'mation City Council Meeting January 25, 202 DENTON .w Work Session Process • Up to seven requests will be reviewed per meeting (one per Council Member) • Staff will introduce each request • The elected official that made the request will have up to two minutes to describe and justify their request • Remaining elected officials will provide feedback and indicate to respond to the request then have up to one minute to their support for the use of staff time • Staff will respond to all requests where a consensus of Council is established I" Legistar ID: 21-2388 January 25, 2022 2 Work Session Process - Continued • The Agenda Committee will assist in scheduling items receiving consensus based upon priority offered by Council Members, work session availability, and readiness of the item. • As guidelines for Council Members to note and offer their priority while supportingan item, the following general categorization could be used to indicate any Council Members support to assist staff and the Agenda Committee. • High - Time -sensitivity of the item is significant; the item is critical to the community or organization; and/or the item is of such importance that it should take precedence over otger scheduled priorities, projects, or items. • Moderate — The item is somewhat time -sensitive; the item has a valuable impact to the community or organization; and/or the item is important but should be integrated into work plans accordingly. • Low — The item is not time -sensitive; the item has an impact but it is limited; and/or the item should be scheduled into work plans where possible, but should not affect or delay other scheduled work. Legistar ID: 21-2388 January 25, 2022 3 510 MON 11610 Item 1 A work session to discuss accelerating the request for an automated notification dashboard out of the Planning and Zoning Commission matrix and develop and implement this system and dashboard for weekly notifications. Requestor: Council Member Beck Council Member Request: "'During the 2020 timeframe PZC commissioners Tim Smith and Brian Beck, in response to numerous public feedback events in which citizens and Ef] neighbors complained of insufficient notification for developments, requested an opt -in notification system for developing parcels be implemented to augment the 250 and 500' notification methods, and that this be added to the PZC matrix. -This system would be opt -in, automated notification by registered email for any changes, but especially public hearings, for any parcel within a user-specified distance of a given address or GPS coordinate. Smith and Beck inpired numerous times about the status of such a system during PZC meetings. I request ,we accelerate this out of the PZC matrix and develop and implement this system and dashboard for weekly notifications. Staff Information: Staff could create an online form to allow interested individuals to select an area to receive notifications. Those notifications could go out weekly based on projects submitted that week. The implementation of a system like this may have the following implications: The individual would become aware of the project prior to any neighborhood meeting being held where changes to a plan may occur as a result of neighborhood input. • The increase in staff time responding to requests for information about projects and disseminating responses and citizen feedback for Council and the Planning and Zoning Commission. • The level of project for which staff provide notice to the public would change considerably. For example, if a final plat is noticed, then becomes no opportunity for a resident to alter an upcoming development since receives administrative approval at that point. • There would be an increased degree of complexity in se grating the responses from property owners within 200 feet (which count towards the 20 percent opposition threshold and al other responses received. • Requested Format for Response: Work Session I" Legistar ID: 21-2388 January 25, 2022 4 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-159, Version: 1 AGENDA CAPTION Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City's attorneys and discuss status, strategy, and potential resolution of litigation in Cause No. 20-9497-393, styled "Laterria Tyndell v. City of Denton and Thomas Deimler" pending in the 393' Judicial District Court, Denton County, Texas; where discussion of these legal matters in an open meeting would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or otherwise compromise the City's legal position in pending litigation. City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legistar' 498 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON File #: ID 22-093, Version: 1 Legislation Text AGENDA CAPTION Consider approval of the minutes of January 4 and January 11, 2022. City of Denton Page 1 of 1 Printed on 1/21/2022 powered by LegistarT" 499 1"I&IMMM DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: City Secretary's Office IACM: Tiffany Thompson DATE: January 25, 2022 SUBJECT Consider approval of the minutes of January 4 and January 11, 2022. BACKGROUND The minutes drafts are provided for review and formal approval by the City Council. EXHIBITS Exhibit 1 — AIS Exhibit 2 — January 4, 2022 Minutes Draft Exhibit 3 — January 11, 2022 Minutes Draft Respectfully submitted: Rosa Rios City Secretary City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 500 CITY OF DENTON CITY COUNCIL MINUTES January 4, 2022 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, January 4, 2022, at 2:02 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT IN PERSON: Mayor Gerard Hudspeth and Council Members Vicki Byrd, Brian Beck, Alison Maguire, and Jesse Davis PRESENT VIRTUALLY: Mayor Pro Tem Paul Meltzer and Council Member Deb Armintor ABSENT: None Also present were Interim City Manager Sara Hensley and City Attorney Mack Reinwand. The posted agenda noted the registration process for both in-person, call-in, and virtual public participation at this meeting. While citizen commentary received via the online registration process was not read, each member for the City Council received each online commentary as it was submitted. Both in-person, call-in, and online comments received are reflected in the exhibit to the minutes of this meeting. WORK SESSION 1. Citizen Comments on Consent Agenda Items None 2. Requests for clarification of agenda items listed on this agenda. • Clarification was requested on the following items: o Council Member Beck: Items 3.13 (22-049) and 3.N (22-026) o Mayor Pro Tem Meltzer: Item 3.K (22-023) The following item(s) were/was pulled for Individual Consideration: o None 3. Work Session Reports A. ID 21-2423 Receive a report, hold a discussion, and give staff direction regarding the Parks, Recreation and Trails System Master Plan. [Estimated Presentation/Discussion Time: I hour] The item was presented and discussion followed. 501 City of Denton City Council Minutes January 4, 2022 Page 2 Following discussion, City Council consensus was to continue with the Plan as presented with formal adoption scheduled at a future date. B. ID 22-046 Receive a report, hold a discussion, and give staff direction regarding an update to the City of Denton's COVID-19 response. *[Council Priority; Estimated Presentation/Discussion Time: 30 minutes] The item was presented and discussion followed. Following discussion, there was no consensus reached providing specific direction to Staff. C. ID 21-2401 Receive a report, hold a discussion, and give staff direction regarding Audit Project 020 - Utility Payment Assistance Program: Follow -Up Review. [Estimated Presentation/Discussion Time: 30 minutes] The item was presented and discussion followed. Following discussion, there was no objection voiced to Staffs recommendation to close the audit project and consider it formally complete. The work session was recessed for a short break at 3:40 p.m. and reconvened at 3:53 p.m. D. ID 21-2758 Receive a report, hold a discussion, and give staff direction regarding drafting of a comprehensive non-discrimination ordinance for the city of Denton. [Estimated Presentation/Discussion Time: 1 hour] The item was presented and discussion followed. Following discussion, City Council consensus was to continue as presented as well as provide for the following: In January, launch and promote a DiscussDenton page with information, FAQs (draft attached as Exhibit 4), draft ordinance, and a method for residents and businesses to submit input; Schedule a public hearing during the Tuesday, February 15, 2022 City Council meeting; and Potential consideration of final ordinance in March 2022. E. ID 21-2464 Receive a report, hold a discussion, and give staff direction regarding an update on sidewalk projects and future priorities of the Capital Projects/Engineering Department Sidewalk Workplan. [Estimated Presentation/Discussion Time: 30 minutes] The item was presented and discussion followed. 502 City of Denton City Council Minutes January 4, 2022 Page 3 Following discussion, City Council consensus was to continue as presented. Council members provided specific areas for staff to consider. F. ID 21-2386 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: (1) A work session to discuss leave policies for City employees. [Estimated Presentation/Discussion Time: 30 minutes] ID 21-2386 (1) A work session to discuss leave policies for City employees. o Consensus for a future work session. The work session ended at 5:11 p.m. CLOSED MEETING Council Member Davis moved to postpone deliberation of Closed Meeting Item LA (22-102) until such time as outside counsel had been retained. Motion seconded by Council Member Armintor. Motion to postpone failed. AYES (2): Mayor Hudspeth and Council Members Davis NAYS (5): Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Maguire, and Armintor The City Council convened into a Closed Meeting at 5:17 p.m. consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law, as follows. A. ID 22-102 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consultation, discussion, deliberation, and receipt of information from the City's attorneys involving legal issues relating to a public information act request for records in the possession of City Council Members, and to provide the City's attorneys with direction, where public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. DELIBERATED The closed meeting started at 5:32 p.m. and ended at 6:11 p.m. No votes or actions were taken during the closed meeting. REGULAR MEETING After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Regular Meeting on Tuesday, January 4, 2022, at 6:34 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas. 503 City of Denton City Council Minutes January 4, 2022 Page 4 PRESENT IN PERSON: Mayor Gerard Hudspeth and Council Members Vicki Byrd, Brian Beck, Alison Maguire, and Jesse Davis PRESENT VIRTUALLY: Mayor Pro Tem Paul Meltzer and Council Member Deb Armintor ABSENT: None Also present were Interim City Manager Sara Hensley and City Attorney Mack Reinwand. The posted agenda noted the registration process for both in-person, call-in, and virtual public participation at this meeting. While citizen commentary received via the online registration process was not read, each member for the City Council received each online commentary as it was submitted. Both in-person, call-in, and online comments received are reflected in the exhibit to the minutes of this meeting. 1. PLEDGE OF ALLEGIANCE A. U.S. Flag and B. Texas Flag 2. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Reports from members of the public 1) Receive Scheduled Citizen Reports from Members of the Public a. Mr. Chris Watts, 419 S. Carroll Blvd. Ste 1B, regarding Denton County Transportation Authority Ridership and other observations. PRESENTED b. Ms. Helen Owens, address not provided, regarding utility fees and charges. PRESENTED 2) Additional Citizen Reports (Open Microphone) Citizen comments received are noted in Exhibit A. 3. CONSENT AGENDA The Consent Agenda consisted of Items 3.A -R. During the Work Session held earlier in the day, no items were pulled for Individual Consideration. 504 City of Denton City Council Minutes January 4, 2022 Page 5 Council Member Davis moved to adopt the Consent Agenda as presented. Motion seconded by Council Member Beck. Motion carried. AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Davis, Maguire, and Armintor NAYS (0): None A. ID 22-048 Consider approval of the minutes of December 7, 2021. APPROVED B. ID 22-049 Consider nominations/appointments to the City's Boards, Commissions, and Committees: Committee on Persons with Disabilities and Internal Audit Advisory Committee. APPROVED Appointments listed on Exhibit B. C. ID 22-016 Consider approval of a resolution of the City of Denton providing the December 15, 2021 meeting absence of a Planning and Zoning Commission Member be excused; and declaring an effective date. ASSIGNED RESOLUTION NO. 22-016 D. ID 21-2740 Consider adoption of an ordinance of the City of Denton, Texas approving a First Amendment to an Airport Lease for First Financial Resources, Inc. covering property at 910 Aeronca, Denton, Texas at the Denton Enterprise Airport; authorizing the City Manager to execute the First Amendment of Airport Lease; and providing and effective date. Airport Advisory Board recommends approval (4-0). ASSIGNED ORDINANCE NO. 21-2740 E. ID 21-2741 Consider adoption of an ordinance of the City of Denton, Texas approving an Assignment of Airport Lease from Denton Med Trans, LLC to THP Air, LLC of an Airport Lease covering property at 2200 Westcourt Road, Denton, Texas at the Denton Enterprise Airport; authorizing the City Manager to execute the Assignment of Airport Lease; and providing an effective date. Airport Advisory Board recommends approval (4-0) ASSIGNED ORDINANCE NO. 21-2741 F. ID 21-2638 Consider approval of a resolution of the City of Denton adopting Policy No. 107.05 "Quarantine Leave" of the City of Denton Personnel Policies and Procedures; and declaring an effective date. ASSIGNED RESOLUTION NO. 21-2638 505 City of Denton City Council Minutes January 4, 2022 Page 6 G. ID 21-2639 Consider approval of a resolution of the City of Denton adopting Policy No. 107.07 "Mental Health Leave" of the City of Denton Personnel Policies and Procedures; and declaring an effective date. ASSIGNED RESOLUTION NO. 21-2639 H. ID 22-013 Consider adoption of an ordinance of the City of Denton, a home -rule municipal corporation, authorizing the City Manager to enter into an agreement with the Friends of the Denton Public Libraries to allow the Friends of the Denton Public Libraries to raise funds on behalf of the Denton Public Library; providing for the expenditure of funds therefor; and providing an effective date. ASSIGNED ORDINANCE NO. 22-013 I. ID 22-021 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Teague Nall and Perkins, Inc., for Citywide Surveying Services as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7797 - Professional Services Agreement for surveying services awarded to Teague Nall and Perkins, Inc., for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $1,500,000.00). The Public Utilities Board recommends approval (7 - 0). ASSIGNED ORDINANCE NO. 22-021 J. ID 22-022 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., for consulting services related to the Highway Safety Improvement Program (HSIP) design for the City of Denton as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7292-005 - Professional Services Agreement for design services awarded to Kimley- Horn and Associates, Inc., in the not -to -exceed amount of $82,000.00). ASSIGNED ORDINANCE NO. 22-022 K. ID 22-023 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of a second amendment to a contract between the City of Denton and Texas Series of Lockton Companies, LLC, amending the contract approved by City Council on August 4, 2020, in the not -to -exceed amount of $480,000.00; amended by Amendment 1 approved by the City Council; said second amendment for brokerage services for the placement of the DEC property coverage renewal for the 2021/2022 policy year and the 2022/2023 policy year; providing for the expenditure of funds therefor; and providing an effective date (File 7365 - providing for an additional second amendment expenditure amount not -to -exceed $152,250.00, with the total contract amount not -to -exceed $707,250.00). ASSIGNED ORDINANCE NO. 22-023 506 City of Denton City Council Minutes January 4, 2022 Page 7 L. ID 22-024 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with GRM Information Management Services of Dallas, LLC, for document scanning services for various City Departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 7812 - awarded to GRM Information Management Services of Dallas, LLC, for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $700,000.00). ASSIGNED ORDINANCE NO. 22-024 M. ID 22-025 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Facility Solutions Group, Inc., for enterprise access control software, new installation, maintenance, repair, and parts inventory of corresponding hardware for the Facilities Department for all City buildings; providing for the expenditure of funds therefor; and providing an effective date (RFP 7835 - awarded to Facility Solutions Group, Inc., for four (4) years, with the option for one (1) additional one (1) year extension, in the total of five (5) year not -to -exceed amount of $1,375,000.00). ASSIGNED ORDINANCE NO. 22-025 N. ID 22-026 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 Contractors Co., and authorizing the expenditure of funds for the reconstruction of a residential property located at 1121 Hill Street, under the City of Denton Home Improvement Program; providing for the expenditure of funds therefor; and providing an effective date (RFP 7845 - A2ZGC Inc. dba A -Star General Contractors Co., in the not -to -exceed amount of $217,810.00). ASSIGNED ORDINANCE NO. 22-026 O. ID 22-027 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, approving proposals from Ameri-Mex Contractors Inc., and authorizing the expenditure of funds for the reconstruction of a residential property located at 2415 Westview Trail, under the City of Denton Home Improvement Program; providing for the expenditure of funds therefor; and providing an effective date (RFP 7846 - Ameri- Mex Contractors Inc., in the not -to -exceed amount of $88,550.00). ASSIGNED ORDINANCE NO. 22-027 P. ID 22-028 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative Purchasing Agreement with the City of Southlake, under the Texas Government Code, Section 791.001, to authorize the City of Southlake and City of Denton to utilize each entities' solicited contracts for the purchasing of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 7889 - award an Interlocal Cooperative Purchasing Agreement with the City of Southlake). ASSIGNED ORDINANCE NO. 22-028 507 City of Denton City Council Minutes January 4, 2022 Page 8 Q. ID 22-029 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Siddons- Martin Emergency Group, LLC, through the Buy Board Cooperative Purchasing Network Contract # 651-21, for the purchase of equipment for fire apparatuses for the Fire Department; providing for the expenditure of funds therefor; and providing an effective date. (File 7890 - awarded to Siddons-Martin Emergency Group, LLC, in the five (5) year not -to - exceed amount of $1,510,000.00). ASSIGNED ORDINANCE NO. 22-029 R. ID 22-069 Consider adoption of a resolution of the City of Denton, concurring with the City Manager's reorganization of the City's administrative departments and divisions; authorizing the expenditure of funds in connection with the reorganization; and providing an effective date. ASSIGNED RESOLUTION NO. 22-069 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 21-2706 Consider approval of a resolution of the City of Denton naming Carnegie Ridge Property located at 6500 Ridglea Ct. to Maguire Park; naming Industrial Street Park located at 108 Industrial St. to Wolff s Park; naming Rayzor Ranch Property located at 3230 Heritage Trail to Rayzor Ranch Park; naming Mills Property located at 5573 Mills Rd. to East Lake Park; and declaring an effective date. ASSIGNED RESOLUTION NO. 21-2706 There were no online registrations or call -ins on the item. The item was presented and no discussion followed. Following commentary, Council Member Maguire moved to approve the item as presented. Motion seconded by Council Member Beck. Motion carried. AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Davis, Maguire, and Armintor NAYS (0): None B. ID 21-2709 Consider approval of a resolution of the City of Denton naming Bonnie Brae Trail located adjacent to Bonnie Brae Street; naming Clear Creek Trail located at the northern portion of Denton adjacent to Clear Creek and Robert Ray Green Belt; naming Cooper Creek Trail located adjacent to Cooper Creek; naming Hickory Creek Trail located adjacent to Hickory Creek and Hickory Creek Road; naming Mayhill Trail located adjacent 508 City of Denton City Council Minutes January 4, 2022 Page 9 to Mayhill Road; naming Mingo Trail located adjacent to Mingo Road; naming Pecan Creek Trail located adjacent to Pecan Creek; naming University Trail located adjacent to University Drive; naming Vintage Trail located adjacent to Vintage Blvd; naming Wildflower Trail located adjacent to Denton Dog Park and Denton Dog Shelter; and declaring an effective date. ASSIGNED RESOLUTION NO. 21-2709 There were no online registrations or call -ins on the item. The item was presented and no discussion followed. Following commentary, Council Member Armintor moved to approve the item as presented. Motion seconded by Council Member Beck. Motion carried. AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Davis, Maguire, and Armintor NAYS (0): None C. ID 21-2710 Consider approval of a resolution of the City of Denton naming Denia Park Field 1 located at 1000 Parvin St. to Tim Brewer Field; naming Evers Park Field 1 located at 3201 N Locust Street to Austin Jackson Field; naming Evers Park Field 2 located at 3201 N Locust Street to Javy Guerra Field; and declaring an effective date. ASSIGNED RESOLUTION NO. 21-2710 There were no online registrations or call -ins on the item. The item was presented and no discussion followed. Citizen comments received are noted in Exhibit A. Following commentary, Council Member Davis moved to approve the item as presented. Motion seconded by Council Member Beck. Motion carried. AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Davis, Maguire, and Armintor NAYS (0): None D. ID 21-2711 Consider approval of a resolution of the City of Denton reaffirming name of American Legion Hall Senior Center; naming multi-purpose room located in American Legion Hall Senior Center to Penn multi-purpose room; naming fitness room located in American Legion Hall Senior Center to Reynolds fitness room; naming computer lab located 509 City of Denton City Council Minutes January 4, 2022 Page 10 in American Legion Hall Senior Center to Holland computer lab; naming classroom located in American Legion Hall Senior Center to Jones recreation room; naming kitchen located in American Legion Hall Senior Center to Betty Kimble kitchen; naming patio located in American Legion Hall Senior Center to Legionnaires patio and declaring an effective date. ASSIGNED RESOLUTION NO. 21-2711 There were no online registrations or call -ins on the item. The item was presented and no discussion followed. Following commentary, Mayor Pro Tem Meltzer moved to approve the item as presented. Motion seconded by Council Member Beck. Motion carried. AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Davis, Maguire, and Armintor NAYS (0): None E. ID 21-2712 Consider approval of a resolution of the City of Denton naming North Lakes Park Playground located at 2001 W Windsor Drive to Librada Lilly Cantu Playground; and declaring an effective date. ASSIGNED RESOLUTION NO. 21-2712 There were no online registrations or call -ins on the item. The item was presented and no discussion followed. Citizen comments received are noted in Exhibit A. Following commentary, Mayor Pro Tem Meltzer moved to approve the item as presented. Motion seconded by Council Member Beck. Motion carried. AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Davis, Maguire, and Armintor NAYS (0): None F. ID 21-2792 Consider approval of a resolution of the City of Denton adopting the Southwest Park Master Plan and declaring an effective date. ASSIGNED RESOLUTION NO. 21-2792 There were no online registrations or call -ins on the item. The item was presented and discussion followed. 510 City of Denton City Council Minutes January 4, 2022 Page 11 Following discussion, Council Member Davis moved to approve the item as presented. Motion seconded by Council Member Beck. Motion carried. AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Davis, Maguire, and Armintor NAYS (0): None G. ID 22-068 Consider approval of a resolution of the City of Denton amending Resolution No. 20-501 to provide further affirmations and stating no objection to the JES Dev Co, Inc. 4% housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of Pebblebrook Parkside Apartments in Denton, Texas to provide affordable rental housing; and providing an effective date. ASSIGNED RESOLUTION NO. 22-068 There were no online registrations or call -ins on the item. The item was presented and discussion followed. Following discussion, Mayor Hudspeth moved to approve the item as presented. Motion seconded by Council Member Beck. Motion carried. AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Davis, Maguire, and Armintor NAYS (0): None 5. CONCLUDING ITEMS Council Members expressed items of interest. With no further business, the meeting was adjourned at 8:08 p.m. GERARD HUDSPETH MAYOR CITY OF DENTON, TEXAS MINUTES APPROVED ON: ROSA RIOS CITY SECRETARY CITY OF DENTON, TEXAS 511 January 4, 2022 City Council Regular Meeting - EXHIBIT A Speaker Commentaries/Registrations Online, Email, Phone Name Last Address City Agenda Item Position Method Comments Martha Valles 1512 Mission Hills Lane Corinth 21-2710 Support In Person Spoke on behalf of her son, Javier Guerra who is a Dentonite. As a proud mother, could not be happier than to have the field named after her son. Presented the credentials/history of his involvement in City activities and teams he played on. Gives thanks to those that helped her son during his youth. Every time her son is mentioned, the City of Denton name is also mentioned. John Cantu 2716 Cordera Circle Denton 21-2712 Support In Person Expressed gratitude for Council's service. Staff has been very hospitable and that speaks well for Denton. The community is very inclusive, the same as Lily Cantu was. Alfred Sanchez 711 Jackson Street Denton 21-2712 Support In Person Representing LULAC - previously sent letter to council members and covered what he knows of Lily Cantu. Spoke to serving the community being important. Fully supports the item. Rudy Rodriguez 1220 Hope Denton 21-2712 Support In Person Thanked John and Barbara Cantu for the naming of the park playground. Thanked staff for the great support and guidance throughout the process. Appreciates honoring those that represent Denton well. Read an editorial by Denton Record Chronicle addressing services by Ms. Cantu. Prudence Sanchez 711 Jackson Street Denton 21-2712 Support In Person Spoke to knowing Lily Cantu and service she provided. Ms. Cantu played at that park so very befitting to name it after her. Supports the item; will serve as an example to children. Eva Grecco 802 W Oak Street Denton Open Mic N/A Telephone Spoke regarding testing positive for COVID and issues she had trying to get tested. Has seen and heard numbers regarding the COVID cases in Denton. Recently the Denton Record Chronicle reported two deaths. Does not believe the numbers for people testing at home are being included. Spoke to the City's testing policies. NOTE: Comments for those citizens addressing the City Council are an abbreviated summary. Information contained within this exhibit includes only commentary for Open Microphone, Consent, Individual Consideration and Public 512 EXHIBIT B January 4, 2022 Agenda Item 3.13 ID 22-049 COUNCIL NOMINATING MEMBER STATUS & BOARDICOMMITTEEICOMMISSION PLACE CCM FIRST NAME NEW TERM QUALIFICATION OR PREFERENCE, IF ANY UNEXPIRED September 1, 2021 Committee on Persons with Disabilities 5 Armintor-5 Anna Hinton through New August 31 2023 TBD: Straw Vote to Council determine staggered New Internal Audit Advisory Committee ALL -3 [Recommended by City Auditor] Michael Allison terms at firstofficial Pref. Qualif. 3: Finance meetin . 513 CITY OF DENTON CITY COUNCIL MINUTES January 11, 2022 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, January 11, 2022, at 4:00 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT IN PERSON: Mayor Gerard Hudspeth and Council Members Vicki Byrd, Alison Maguire, and Jesse Davis PRESENT VIRTUALLY: Mayor Pro Tem Paul Meltzer and Council Members Brian Beck and Deb Armintor ABSENT: None Also present were Interim City Manager Sara Hensley and City Attorney Mack Reinwand. The posted agenda noted the registration process for public participation at this virtual meeting. However, there were no online registrations or call ins on any items on the agenda. Mayor Hudspeth announced the Closed Meeting would be held at the end of the meeting, providing for consideration of the Consent Agenda and Item for Individual Consideration to be presented/considered beforehand. WORK SESSION 1. Citizen Comments on Consent Agenda Items None 2. Requests for clarification of agenda items listed on this agenda. Clarification was requested on the following items: o Council Member Armintor: Items 1.D (22-061), LE (22-062), 1.F (22-063), 1.G (22- 064), and 1.H (22-065) o Mayor Hudspeth: Item 1.K (22-078) The following item) was pulled for Individual Consideration: o Council Member Maguire: Item 1.0 (22-001) o Council Member Davis: Item 1.0 (22-001) o Council Member Armintor: Item 1.0 (22-001) 514 City of Denton City Council Minutes January 11, 2022 Page 2 3. Work Session Reports A. ID 22-081 Receive a report and hold a discussion on the Denton Police Department's policy on marihuana enforcement and the Denton Municipal Court's policies related to drug paraphernalia citation processing. [Estimated Presentation/Discussion Time: 45 minutes] The item was presented and discussion followed. Following discussion, there was no direction provided as the item was for presentation/discussion purposes. B. ID 21-2387 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: (1) A work session to discuss amending the inclement weather policy. [Estimated Presentation/Discussion Time: 30 minutes] ID 21-2387 (1) A work session to discuss amending the inclement weather policy. o Consensus for a future work session. Staff was directed to move what work sessions items were necessary to provide for scheduling this work session at the February 1, 2022 meeting date. The work session ended at 5:34 p.m. SPECIAL CALLED MEETING After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Special Called Meeting on Tuesday, January 11, 2022, at 5:55 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT IN PERSON: Mayor Gerard Hudspeth and Council Members Vicki Byrd, Alison Maguire, and Jesse Davis PRESENT VIRTUALLY: Mayor Pro Tem Paul Meltzer and Council Members Brian Beck and Deb Armintor ABSENT: None Also present were Interim City Manager Sara Hensley and City Attorney Mack Reinwand. The posted agenda noted the registration process for public participation at this virtual meeting. However, there were no online registrations or call ins on any items on the agenda. 515 City of Denton City Council Minutes January 11, 2022 Page 3 1. CONSENT AGENDA The Consent Agenda consisted of Items 1.A -M. During the Work Session held earlier in the day, Item 1.0 (22-001) was pulled for Individual Consideration by Council Members Davis, Maguire, and Armintor. Council Member Beck moved to adopt the Consent Agenda, now consisting of Items LA, B, and D -M. Motion seconded by Council Member Maguire. Motion carried. AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Davis, Maguire, and Armintor NAYS (0): None A. ID 22-087 Consider approval of the minutes of December 14, 2021. APPROVED B. ID 22-076 Consider appointment to the Tax Increment Reinvestment Zone Number Two (Westpark TIRZ) Board of Directors. APPROVED Appointments listed on Exhibit A. D. ID 22-061 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Custom Landscapes, Inc. dba Classic Landscapes & Maintenance, for mowing and maintenance services for DME, Water Reclamation, and Water Production Departments, Section F - Public Works/Utilities; providing for the expenditure of funds therefor; and providing an effective date (RFP 7788 - awarded to Custom Landscapes, Inc. dba Classic Landscapes & Maintenance, for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $1,923,495.00). ASSIGNED ORDINANCE NO. 22-061 E. ID 22-062 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with BrightView Landscape Services, Inc., for mowing and maintenance services for the Parks and Recreation and Fire Departments, Section C - Southeast Public Buildings, Parks, Trails, and Medians; providing for the expenditure of funds therefor; and providing an effective date (RFP 7788 - awarded to BrightView Landscape Services, Inc., for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $2,871,373.00). ASSIGNED ORDINANCE NO. 22-062 516 City of Denton City Council Minutes January 11, 2022 Page 4 F. ID 22-063 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Watts Ellison, LLC dba D&D Commercial Landscape Management, for mowing and maintenance services for the Parks and Recreation, Fire, Community Improvement Services, and the Denton Enterprise Airport Departments, Section D - Southwest Public Buildings, Parks, Trails, and Medians and Section E - ROW and Rough Cut; providing for the expenditure of funds therefor; and providing an effective date (RFP 7788 - awarded to Watts Ellison, LLC dba D&D Commercial Landscape Management, for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $4,292,759.00). ASSIGNED ORDINANCE NO. 22-063 G. ID 22-064 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Freedom Commercial Services, LLC, for mowing and maintenance services for the Parks and Recreation and Drainage Departments, Section G - Drainage; providing for the expenditure of funds therefor; and providing an effective date (RFP 7788 - awarded to Freedom Commercial Services, LLC, for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $1,548,194.00). ASSIGNED ORDINANCE NO. 22-064 H. ID 22-065 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Natures Greenery, Inc., for mowing and maintenance services for the Parks and Recreation and Fire Departments, Section A - Northwest Public Buildings, Parks, Trails, and Medians, Section B - Northeast Public Buildings, Parks, Trails, and Medians, and Section H - Landscape Maintenance; providing for the expenditure of funds therefor; and providing an effective date (RFP 7788 - awarded to Natures Greenery, Inc., for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $6,334,436.00). ASSIGNED ORDINANCE NO. 22-065 I. ID 22-066 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Infra Construction, LLC, for the replacement of the Service Center Complex fence for Facilities Management; providing for the expenditure of funds therefor; and providing an effective date (RFP 7819 - awarded to Infra Construction, LLC, in the not -to -exceed amount of $677,856.00). ASSIGNED ORDINANCE NO. 22-066 ID 22-077 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of a first amendment to a contract between the City of Denton and Elite Tree Service, L.L.C., amending the contract approved by City Council on November 6, 2018, in the not -to -exceed amount of $350,000.00; said first 517 City of Denton City Council Minutes January 11, 2022 Page 5 amendment to continue to provide tree trimming and removal for City departments needing such work; providing for the expenditure of funds therefor; and providing an effective date (IFB 6870 - providing for an additional first amendment expenditure amount not -to -exceed $87,500.00, with the total contract amount not -to -exceed $437,500.00). ASSIGNED ORDINANCE NO. 22-077 K. ID 22-078 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Parkhill, Smith & Cooper, Inc., for professional design services for Fire Station No. 9 for the Facilities Management Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7818-002 - awarded to Parkhill, Smith & Cooper, Inc., in the not -to -exceed amount of $1,011,665.00). ASSIGNED ORDINANCE NO. 22-078 L. ID 22-079 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with BWI Companies, Inc., through the Buy Board Cooperative Purchasing Network Contract # 611- 20, for the purchase of ryegrass seed, specialty landscape, turf, and grower supplies for the Parks and Recreation, Drainage, and Streets Departments; providing for the expenditure of funds therefor; and providing an effective date (File 7910 - awarded to BWI Companies, Inc., for one (1) year, with the option for two (2) additional one (1) year extensions, in the total three (3) year not -to -exceed amount of $200,000.00). ASSIGNED ORDINANCE NO. 22-079 M. ID 22-092 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of a second amendment to a contract between the City of Denton and Maintaining the Common Ground, LLC, amending the contract approved by City Council on July 17, 2018, in the not -to -exceed amount of $575,000.00; amended by Amendment 1 approved by Purchasing; said second amendment to provide mowing and maintenance services for the Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (File 6627 - providing for an additional second amendment expenditure amount not -to -exceed $56,135.00, with the total contract amount not -to -exceed $680,135.00). ASSIGNED ORDINANCE NO. 22-092 ITEM PULLED FOR INDIVIDUAL CONSIDERATION C. ID 22-001 Consider adoption of an ordinance authorizing the City Manager to execute the Amendment No. 2 to the "Memorandum of Understanding - The Environment" between the City of Denton and the University of North Texas which provides for the extension of the terms of said agreement until September 30, 2026; providing for the expenditure of funds 518 City of Denton City Council Minutes January 11, 2022 Page 6 therefor; and providing an effective date. (The Memorandum of Understanding establishes conditions for conducting small, short term research projects between the City of Denton and the University of North Texas.) ASSIGNED ORDINANCE NO. 22-001 The item was pulled for Individual Consideration by Council Members Davis, Maguire, and Armintor. Council Members Davis, Maguire, and Armintor had a conflict of interest on the item. Per City Attorney Reinwand, no members were required to leave the Council Chambers or be removed from meeting video in order to maintain a quorum of the City Council present at the meeting. There were no online registrations or call -ins on the item. The item was not presented and no discussion followed. Council Member Beck moved to approve the item as presented. Motion seconded by Council Member Byrd. Motion carried. AYES (4): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, and Beck NAYS (0): None ABSTAIN (3): Council Members Davis, Maguire, and Armintor 2. ITEM FOR INDIVIDUAL CONSIDERATION A. ID 21-2733 Consider approval of a resolution of the City of Denton adopting the Americans with Disabilities Act Transition Plan; and declaring an effective date. ASSIGNED RESOLUTION NO. 21-2733 There were no online registrations or call -ins on the item. The item was presented and discussion followed. Matt Pool from Kimley-Horn and Associates, Inc. also presented on the item. Following discussion, Mayor Pro Tem Meltzer moved to approve the item as presented, with the expectation that in May 2022, City Council would be able to review a more detailed work plan. Motion seconded by Council Member Maguire. Motion carried. AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Davis, Maguire, and Armintor NAYS (0): None 519 City of Denton City Council Minutes January 11, 2022 Page 7 3. CONCLUDING ITEMS Council Members expressed items of interest. The special called meeting was adjourned at 6:41 p.m. CLOSED MEETING The City Council convened into a Closed Meeting at 6:41 p.m. consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law, as follows. A. ID 22-086 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 sale of City -owned real property situated in the Robert Beaumont Survey, Abstract No. 31 and the William Neill Survey, Abstract No. 971, City of Denton, Denton County, Texas, located at 414 West Parkway Street / 413 Congress, where a public deliberation of such potential sale would have a detrimental effect on the City's position in negotiations with a third party. DELIBERATED B. ID 22-154 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consultation, discussion, deliberation, and receipt of information from the City's attorneys involving legal issues relating to a disaster declaration and related order pertaining to the COVID-19 emergency, and to provide the City's attorneys with direction, where a public discussion of these legal matters would clearly 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. DELIBERATED C. ID 22-157 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consultation, discussion, deliberation, and receipt of information from the City's attorneys to review and discuss litigation styled Tarver v. City of Denton et al, Cause No. 4:21-CV- 00970-SDJ, pending in the Eastern District of Texas, Sherman Division, where the City's Attorneys' duties to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with Chapter 551 of the Texas Open Meetings Act. DELIBERATED Note Council Member Armintor left the closed meeting prior to deliberation of this item. The closed meeting started at 6:48 p.m. and ended at 7:43 p.m. No votes or actions were taken during the closed meeting. 520 City of Denton City Council Minutes January 11, 2022 Page 8 With no further business, the meeting was adjourned at 7:43 p.m. GERARD HUDSPETH MAYOR CITY OF DENTON, TEXAS MINUTES APPROVED ON: ROSA RIOS CITY SECRETARY CITY OF DENTON, TEXAS 521 EXHIBIT A January 11, 2022 Agenda Item 1.13 ID 22-076 Seat Appointee Term STATUS & QUALIFICATION OR PREFERENCE, IF ANY Denton Black Chamber of Commerce Kerry Gorree October 1, 2021 through September 30, 2023 New 522 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ,1Y www.cityofdenton.com DENTON Legislation Text File #: ID 22-055, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton amending Chapter 6, Article I, Section 6-6(A) (5) of the Code of Ordinances to remove certain occupation or membership restrictions for three members of the Animal Shelter Advisory Committee; and providing an effective date. City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legistar' 523 oe DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: City Secretary's Office IACM: Tiffany Thompson DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton amending Chapter 6, Article I, Section 6-6(A) (5) of the Code of Ordinances to remove certain occupation or membership restrictions for three members of the Animal Shelter Advisory Committee; and providing an effective date. BACKGROUND At the November 16, 2021 Work Session, City Council discussed potential changes to board and commission member qualification criteria in the areas of inclusivity, voter registration, and special qualifications applicable to a set of boards/commissions. The results for the Animal Shelter Advisory Committee were as follows: • Remove the "Three people who are not involved by occupation or membership in any of the above categories" language. The state -mandated qualifications noted below will remain in place. If adopted as presented, the additional three members are not restricted to any specific qualification. • Licensed veterinarian who has a principal place of business or a residence in the city of Denton • City official • Person who is employed by City of Denton Animal Shelter • Representative of an animal welfare organization This information was provided via the November 19, 2021 Friday Report, further requesting City Council members direct questions to the city secretary; none were forthcoming. This agenda item provides for the changes requested on November 16, 2021. RECOMMENDATION Proceed with formal adoption. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Review/direction provided by City Council at the November 16, 2021 Work Session. 524 EXHIBITS Exhibit 1 — Agenda Information Sheet Exhibit 2 — Draft Ordinance - ASAC Member Qualification Change Respectfully submitted: Rosa Rios City Secretary 525 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 6, ARTICLE I, SECTION 6-6(A) (5) OF THE CODE OF ORDINANCES TO REMOVE CERTAIN OCCUPATION OR MEMBERSHIP RESTRICTIONS FOR THREE MEMBERS OF THE ANIMAL SHELTER ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 5, 1989, by Ordinance No. 1989-115, the City established the Animal Shelter Advisory Committee and set forth the duties, qualifications and terms of office with the qualifications of committee members specifically stated as: "... five members, who shall meet the following qualifications (1) licensed veterinarian, (2) one city official, (3) one person whose duties include the daily operation of the animal shelter, (4) one representation of an animal welfare organization, and (5) one person who is not involved by occupation or membership in any of the above categories"; and WHEREAS, on July 16, 1996, by Ordinance No. 1996-166, the City expanded the number of members on the Animal Shelter Advisory Committee from five to seven; and WHEREAS, on December 19, 2000, by Ordinance No. 2000-460, the City amended Chapter 6 of the Code of Ordnances by replacing Chapter 6 in its entirety and Section 6-6 titled Animal shelter advisory committee- Creation part (a) provides: "the animal shelter advisory committee to be composed of seven (7) members who shall meet the following qualifications (1) One licensed veterinarian, (2) One City Official, (3) One person whose duties include the daily operation of an animal shelter, (4) One representative of an animal welfare organization, and (5) Three people who are not involved by occupation or membership in any of the above categories"; and WHEREAS, on December 12, 2006, by Ordinance 2006-330, the City amended Chapter 6, Article I, Section 6-6 to provide that the animal shelter employee shall work for the City of Denton Animal Shelter and no other amendments to Section 6-6 have been made; and WHEREAS, in order to maintain the committee member composition requirements set forth in Chapter 6, Article I, Section 6-6 (a) numbers 1 through 4 in a more efficient manner, solicit and maintain committee membership to include the highest number of diverse and expert members, enhance governmental efficiency and facilitate expedient appointment of future committee member vacancies, the City Council deems it in the public interest to amend Chapter 6, Article 1, Section 6- 6 (a) (5) and allow the committee to simultaneously include more than one member who may be a licensed veterinarian, city official, person whose duties include the daily operation of an animal shelter, or a person who is a representative of an animal welfare organization, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON ORDAINS: SECTION 1. Chapter 6, Article I, Section 6-6 (a) (5) of the Code of Ordinances, is hereby amended as follows: (5) Three (3) people who meet the minimum qualifications to serve on a Board or Commission of the City 526 SECTION 2. All prior ordinances, resolutions, amendments, policies, or guidelines that conflict with this amendment are hereby rescinded and repealed in whole or in part to the extent necessary to give full effect to this amendment. SECTION 3. All other portions of the Code of Ordinances shall remain in effect. SECTION 4. The findings and recitation contained in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by and seconded by ; the ordinance was passed and approved by the following vote Aye Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY IC • APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: 527 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON Legislation Text File #: ID 22-056, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton amending Chapter 2, Article XI, section 2-277 (e) of the Code of Ordinances to remove preference qualifications for members of the Board of Ethics; and providing an effective date. City of Denton Page 1 of 1 Printed on 1/21/2022 powered by LegistarT" 528 oe DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: City Secretary's Office IACM: Tiffany Thompson DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton amending Chapter 2, Article XI, section 2-277 (e) of the Code of Ordinances to remove preference qualifications for members of the Board of Ethics; and providing an effective date. BACKGROUND At the November 16, 2021 Work Session, City Council discussed potential changes to board and commission member qualification criteria in the areas of inclusivity, voter registration, and special qualifications applicable to a set of boards/commissions. The results for the Board were as follows: • Remove qualifications, as currently stated providing that a preference is to be given to the following professions: o Attorneys o Architects o Engineers o Doctors o Mediators o Pastors o Teachers o Retired Jurists o Licensed professional counselors o Those with licenses demonstrating high levels of education or master craftsmanship in the building trades This information was provided via the November 19, 2021 Friday Report, further requesting City Council members direct questions to the city secretary; none were forthcoming. This agenda item provides for the changes requested on November 16, 2021. RECOMMENDATION Proceed with formal adoption. 529 PRIOR ACTION/REVIEW (Council, Boards, Commissions) Review/direction provided by City Council at the November 16, 2021 Work Session. EXHIBITS Exhibit 1 — Agenda Information Sheet Exhibit 2 — Draft Ordinance — BOE Preference Changes Respectfully submitted: Rosa Rios City Secretary 530 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 2, ARTICLE XI, SECTION 2-277 (e) OF THE CODE OF ORDINANCES TO REMOVE PREFERENCE QUALIFICATIONS FOR MEMBERS OF THE BOARD OF ETHICS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 1, 2018, by Ordinance No. 2018-757, the City established an ethics policy and created the Board of Ethics under Chapter 2; and WHEREAS, on June 26, 2018, by Ordinance No. 2018-1043, the City amended Chapter 2, Article XI, Section 2-277 (f); and WHEREAS, on June 2, 2020, by Ordinance No. 20-1035, the City repealed and replaced Chapter 2, Article XI, in its entirety as provided under Ordinance No. 20-1035 and Chapter 2, Article XI, Section 2-227 (e) provides: "Eligibility. Membership on the board of ethics is limited to residents of the City of Denton. Preference in appointments shall be given to professionals such as attorneys, architects, engineers, doctors, teachers, pastors, mediators, retired jurists, licensed professional counselors, and those with licenses demonstrating high levels of education or master craftsmanship in the building trades. The board shall be comprised of at least three (3) members who are attorneys or retired jurists."; and WHEREAS, in order to solicit and maintain board membership to include the highest number of diverse members, enhance governmental efficiency and facilitate expedient appointment of future committee member vacancies, the City Council deems it in the public interest to amend Chapter 2 Article, XI, Section 2-227 (e) and remove the requirement that preference be given to certain professions for service on the Board. NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON ORDAINS: SECTION 1. Chapter 2, Article XI, Section 2-227 (e) of the Code of Ordinances of the City is hereby amended as follows: (e) Eligibility. Membership on the board of ethics is limited to residents of the City of Denton. SECTION 2. All prior ordinances, resolutions, amendments, policies, or guidelines that conflict with this amendment are hereby rescinded and repealed in whole or in part to the extent necessary to give full effect to this amendment. SECTION 3. All other portions of the Code of Ordinances shall remain in effect. SECTION 4. The findings and recitation contained in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. 531 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: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY IC • APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: 532 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ,1Y www.cityofdenton.com DENTON Legislation Text File #: ID 22-057, Version: 1 AGENDA CAPTION Consider approval of a resolution of the City of Denton amending Resolution No. 18-1741, related to the Committee on Persons with Disabilities by removing the in -district residency requirement for nominees by council members in Districts 1-4; and providing an effective date. City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legistar' 533 oe DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: City Secretary's Office IACM: Tiffany Thompson DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider approval of a resolution of the City of Denton amending Resolution No. 18-1741, related to the Committee on Persons with Disabilities by removing the in -district residency requirement for nominees by council members in Districts 1-4; and providing an effective date. BACKGROUND At the November 16, 2021 Work Session, City Council discussed potential changes to board and commission member qualification criteria in the areas of inclusivity, voter registration, and special qualifications applicable to a set of boards/commissions. The results for the Committee on Persons with Disabilities were as follows: • Remove the in -district residency requirement for those individuals nominated by Council Members in Districts 1, 2, 3, and 4. If adopted as presented, nominees will uniformly be able to reside in any district. This information was provided via the November 19, 2021 Friday Report, further requesting City Council members direct questions to the city secretary; none were forthcoming. This agenda item provides for the changes requested on November 16, 2021. RECOMMENDATION Proceed with formal adoption. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Review/direction provided by City Council at the November 16, 2021 Work Session. 534 EXHIBITS Exhibit 1 — Agenda Information Sheet Exhibit 2 — Draft Resolution — CoPWD No In -District Residency Respectfully submitted: Rosa Rios City Secretary 535 RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON AMENDING RESOLUTION NO. 18-1741, RELATED TO THE COMMITTEE ON PERSONS WITH DISABILITIES BY REMOVING THE IN -DISTRICT RESIDENCY REQUIREMENT FOR NOMINEES BY COUNCIL MEMBERS IN DISTRICTS 1-4; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 23, 2018, by Resolution No. 18-1741, the City established the Committee on Persons with Disabilities (Committee); and WHEREAS, Section 3 of Resolution No. 18-1741 states, in part, "... each Council member shall appoint one (1) citizen who resides in their respective district and four (4) committee members will be appointed at -large. In the case of the Mayoral, Place 5 and Place 6 districts, citizens may reside in any district of the City."; and WHEREAS, to enhance governmental efficiency and facilitate expedient appointment of future committee member vacancies, the City Council deems it in the public interest to remove in - district residency requirements for all members of the Committee; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON RESOLVES: SECTION 1. Section 3 of Resolution No. 18-1741 is hereby amended as follows: "The City Council hereby establishes an advisory committee to be called the "Committee on Persons with Disabilities" ("Committee'). The Committee shall be composed of eleven (11) citizens. The eleven (11) citizens of the community shall be appointed by the City Council. The Committee shall perform its functions in accordance with the intent of this resolution. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council." SECTION 2. All prior resolutions, amendments, policies, or guidelines that conflict with this amendment are hereby rescinded and repealed in whole or in part to the extent necessary to give full effect to this amendment. SECTION 3. The findings and recitation contained in the preamble of this ordinance are incorporated herein by reference. 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 ; the resolution was passed and approved by the following vote 536 Aye Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY IC APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: 537 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ,1Y www.cityofdenton.com DENTON Legislation Text File #: ID 22-058, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton amending the Comprehensive Zoning Ordinance, Appendix B, Article 28a, Section 28a -5(a) of the Code of Ordinances to remove the special qualifications of the Historic Landmark Commission members; and providing for an effective date. City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legistar' 538 oe DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: City Secretary's Office IACM: Tiffany Thompson DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton amending the Comprehensive Zoning Ordinance, Appendix B, Article 28a, Section 28a -5(a) of the Code of Ordinances to remove the special qualifications of the Historic Landmark Commission members; and providing for an effective date. BACKGROUND At the November 16, 2021 Work Session, City Council discussed potential changes to board and commission member qualification criteria in the areas of inclusivity, voter registration, and special qualifications applicable to a set of boards/commissions. The results for the Historic Landmark Commission were as follows: • Remove the requirement for a Certified Public Accountant professional. If adopted as presented, the following qualifications will still remain. • Denton County Historical Commission; • The Denton County Bar Association; • An Architect; and • An owner of real property in the City. This information was provided via the November 19, 2021 Friday Report, further requesting City Council members direct questions to the city secretary; none were forthcoming. This agenda item provides for the changes requested on November 16, 2021. RECOMMENDATION Proceed with formal adoption. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Review/direction provided by City Council at the November 16, 2021 Work Session. 539 EXHIBITS Exhibit 1 — Agenda Information Sheet Exhibit 2 —Draft Ordinance — Remove CPA from HLC Respectfully submitted: Rosa Rios City Secretary 540 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON AMENDING THE COMPREHENSIVE ZONING ORDINANCE, APPENDIX B, ARTICLE 28A, SECTION 28A -5(a) OF THE CODE OF ORDINANCES TO REMOVE THE SPECIAL QUALIFICATIONS OF THE HISTORIC LANDMARK COMMISSION MEMBERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 1, 1980, by Ordinance No. 80-30, the City established a Historic Landmark Commission through the addition to Appendix B by adding Article 28A entitled "Article 28A Historic Landmark Preservation"; and WHEREAS, Article 28A, Section 28A -5(a) created the Historic Landmark Commission and numbers one through five of Section 28A-5 (a) set forth the composition and requirements of the commission membership as follows: (1) Denton County Historical Commission; (2) The Denton County Bar Association; (3) An Architect; and (4) A Certified Public Accountant (5) An owner of real property in the City; and WHEREAS, in order to solicit and maintain board membership to include the highest number of diverse members, enhance governmental efficiency and facilitate expedient appointment of future committee member vacancies, the City Council deems it in the public interest to amend the Comprehensive Zoning Ordinance, Appendix B, Article 28A, Section 28A -5(a) number four and remove the requirement that one member be a Certified Public Accountant; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON ORDAINS: SECTION 1. The Comprehensive Zoning Ordinance, Appendix B, Article 28A, Section 28A -5(a) number four is hereby amended to remove the requirement that one member be a Certified Public Accountant and the section shall be renumbered as follows: (1) Denton County Historical Commission; (2) The Denton County Bar Association; (3) An Architect; and (4) An owner of real property in the City. SECTION 2. All prior ordinances, resolutions, amendments, policies, or guidelines that conflict with this amendment are hereby rescinded and repealed in whole or in part to the extent necessary to give full effect to this amendment. SECTION 3. All other portions of the Code of Ordinances shall remain in effect. SECTION 4. The findings and recitation contained in the preamble of this ordinance are incorporated herein by reference. 541 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: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY ff-W APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: 542 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON Legislation Text File #: ID 22-137, Version: 1 AGENDA CAPTION Consider approval of a resolution of the City of Denton establishing a goal to reduce municipal electricity consumption pursuant to Texas Health and Safety Code § 388.005; and providing for an effective date. City of Denton Page 1 of 1 Printed on 1/21/2022 powered by LegistarT" 543 4&100� DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Environmental Services and Sustainability IACM: Tiffany Thomson DATE: January 25, 2021 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider approval of a resolution of the City of Denton establishing a goal to reduce municipal electricity consumption pursuant to Texas Health and Safety Code § 388.005; and providing for an effective date. INFORMATIONBACKGROUND The Texas Health and Safety Code Section 388.005 requires "each political subdivision, institution of higher education, or state agency shall establish a goal to reduce the electric consumption by the entity by at least five percent each state fiscal year through 2026. The City of Denton has submitted consumption data to the state every year since 2005 and has adopted goals for reducing energy consumption as required by the various Texas senate bills for reducing energy consumption. The City has reported to each previous iterations of SB 241 every year since its origin in 2001. During the last iteration (SB 898) the City reduced electricity consumption an average of 3.75 percent between 2012 and 2019. The City will continue to track, analyze, and report electricity consumption data from municipal facilities and operations each year and strive to reach the established 5% annual reduction goal. The City aims to improve air quality through the reduction of natural resource consumption. RECOMMENDATION Staff recommends approval of Resolution. SUSTAINABILITY MEASURES Relationship to Sustainability Framework Focus Area 2: Air Quality and Greenhouse Gas Management Goal 2: Take actions to reduce air pollutant emissions, including greenhouse gasses and emissions from municipal operations Goal 3: Set reduction targets for municipal and community GHG emissions Goal 4: Annual update of GHG inventory and Contribution Analysis EXHIBITS Exhibit 1: Agenda Information Sheet 544 Exhibit 2: Resolution Respectfully submitted: Katherine Barnett, 940-349-8202 Sustainability and Customer Initiatives Manager 545 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON ESTABLISHING A GOAL TO REDUCE MUNICIPAL ELECTRICITY CONSUMPTION PURSUANT TO TEXAS HEALTH AND SAFETY CODE § 388.005; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Texas Health and Safety Code Section 388.005 requires "each political subdivision, institution of higher education, or state agency shall establish a goal to reduce the electric consumption by the entity by at least five percent each state fiscal year for seven years, beginning September 1, 2019;" and WHEREAS, the City of Denton ("City") has submitted annual energy consumption data every year beginning in 2005; and WHEREAS, the City will continue to track, analyze, and report electricity consumption data from municipal facilities and operations each year; and WHEREAS, the City aims to improve air quality through the reduction of natural resource consumption; and WHEREAS, the City seeks to be good stewards of their environment, efficiently utilize natural resources, and maintain a high level of fiscal responsibility; and WHEREAS, the City previously established annual energy consumption goals for years 2011 through 2021; and WHEREAS, consistent with the Texas Health and Safety Code, the City seeks to establish its annual energy consumption goals for the next five years; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The preamble to this Resolution is hereby incorporated by reference into the body of this Resolution as if fully set forth herein. SECTION 2. The City Council hereby establishes its goal to reduce the electric consumption by the entity by at least five percent (5%) per year for each state fiscal year for five years beginning September 1, 2021. SECTION 3. The City council further ratifies the goals previously established by the City through Resolution No. R2012-044 of at least five percent (5%) per year for each state fiscal year of 2019 and 2020. SECTION 4. This Resolution shall become effective immediately upon its passage and approval. The motion to approve this Resolution was made by seconded by by the following vote [_ - 1: and This Resolution was passed and approved 546 Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse L. Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY IW APPROVED AS TO LEGAL FORM: MACK REINWAND CITY ATTORNEY D,yRaIN<vg�m ey mon oH. D o a = ityottyd&— xnton, x.�oaaa. au Depanmmt Us¢rs arM Groups. r,/ ou=General Go,m l.fttowLegal, �N �(art�enne GliR 1=GtRmre Oinai@clryvWmton.can BY:Date 10ll 0i 3004]3J] -06'00' 547 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiiwlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-114, Version: 1 AGENDA CAPTION Consider approval of a resolution of the City of Denton ratifying the submission of an application to the State of Texas, Office of the Governor, 2021 State Homeland Security Program (SHSP) grant program funded through the US Department of Homeland Security in the amount of $41,000 for an explosive ordinance disposal suit; and providing an effective date. City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legistar' 548 41,1&�Iwsm DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Finance ACM: David Gaines DATE: January 25, 2022 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com SUBJECT Consider approval of a resolution of the City of Denton ratifying the submission of an application to the State of Texas, Office of the Governor, 2021 State Homeland Security Program (SHSP) grant program funded through the US Department of Homeland Security in the amount of $41,000 for an explosive ordinance disposal suit; and providing an effective date. BACKGROUND The SHSP grant is appropriated by the Department of Homeland Security and is designed to enhance the ability of local governments to prevent, protect against, respond to, and recover from terrorist attacks and other disasters. The Office of the Governor (OOG) allocates funding to the State's designated Council of Government regions. As a member of the North Central Texas Council of Governments (NCTCOG) and the Regional Emergency Preparedness Advisory Committee, the City of Denton participates in the grant program. NCTCOG determines project priority based on the program's initiative for the funding year. Program initiatives for 2021 include the purchase of protective suits for regional bomb squads. The City proposed the purchase of a suit for the Explosive Ordinance Disposal Team. The team is part of a multi - jurisdictional regional response in North Texas. The proposal is consistent with the Threat and Hazard Identification and Risk Assessment, the State Preparedness Report, and the Texas Homeland Security Strategic Implementation Plan. The Office of the Governor (OOG) requires a resolution be passed by any jurisdiction receiving grant funds. RECOMMENDATION Staff recommends approval. ESTIMATED SCHEDULE OF PROJECT The State deadline for the completion of the grant project is 09/30/2022. FISCAL INFORMATION The total grant award for this project is $41,000 and requires no local match. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution Respectfully submitted: 549 Laura Behrens Grant Administrator 550 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON RATIFYING THE SUBMISSION OF AN APPLICATION TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, 2021 STATE HOMELAND SECURITY PROGRAM (SHSP) GRANT PROGRAM FUNDED THROUGH THE US DEPARTMENT OF HOMELAND SECURITY IN THE AMOUNT OF $41,000 FOR AN EXPLOSIVE ORDINANCE DISPOSAL SUIT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has been notified of its eligibility for the 2021 SHSP grant and applied for said grant within the timeframes required by the application process; and WHEREAS, the grant is awarded by the State of Texas, Office of the Governor, and funded by the US Department of Homeland Security for the period of October 1, 2021 through September 30, 2022; and WHEREAS, the grant is designed to enhance the ability of local governments to prevent, protect against, respond to, and recover from terrorist attacks and other disasters.; and WHEREAS, the grant will provide necessary equipment to the Regional Explosive Ordinance Disposal Response Team; and WHEREAS, the grant will allow the specialized regional response team to continue the mission of detecting and mitigating terroristic incidents to the residents of the North Texas; and WHEREAS, the City Council finds it in the best interest of the citizens of the City of Denton to accept the grant award, to be operated for the period of October 1, 2021 through September 30, 2022; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The application for the 2021 SHSP grant made January 22, 2021 is hereby ratified. SECTION 2. The City Manager or designee is designated, delegated, and authorized to request and accept grant funding under the 2021 SHSP grant, including the submission of the grant application, and act on behalf of the City of Denton in all matters related to the grant application and any subsequent grant contracts and grant projects that may result. SECTION 3. The City shall comply with the requirements of the Texas Office of the Governor, the US Department of Homeland Security, and the State of Texas. SECTION 4. The project funds and any project -funded equipment and facilities will be used solely for the purposes for which they are intended under the grant. SECTION 5. This resolution is effective immediately upon its passage. The motion to approve this resolution was made by and seconded by , the resolution was passed and approved by the following vote [ - 1: 551 Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse L. Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of 52022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY mm APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: 552 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiiwlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-115, Version: 1 AGENDA CAPTION Consider approval of a resolution of the City of Denton ratifying the submission of an application to the State of Texas, Office of the Governor, 2021 Urban Area Security Initiative (UASI) Specialized Regional Response Team Sustainment grant program funded through the US Department of Homeland Security in the amount of $94,574.80 for equipment; and providing an effective date. City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legistar' 553 41,1&�Iwsm DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Finance ACM: David Gaines DATE: January 25, 2022 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com SUBJECT Consider approval of a resolution of the City of Denton ratifying the submission of an application to the State of Texas, Office of the Governor, 2021 Urban Area Security Initiative (UASI) Specialized Regional Response Team Sustainment grant program funded through the US Department of Homeland Security in the amount of $94,574.80 for equipment; and providing an effective date. BACKGROUND The UASI Program assists high -threat, high-density Urban Areas in efforts to build and sustain the capabilities necessary to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. The program is funded by the US Department of Homeland Security and is appropriated to states. The Office of the Governor (OOG) allocates funding to the State's designated Council of Government regions. As a member of the North Central Texas Council of Governments (NCTCOG) and the Regional Emergency Preparedness Advisory Committee, the City of Denton participates in the grant program. NCTCOG determines project priority based on the program's initiative for the funding year. Program initiatives for 2021 included establishing and enhancing regional response teams. The City proposed to purchase equipment for the City's Tactical Response Team and the Explosive Ordinance Disposal Team that includes communication devices, electronic equipment, and a chemical detection device. Both teams are a part of a multi -jurisdictional regional response in North Texas. The proposal is consistent with the Threat and Hazard Identification and Risk Assessment, the State Preparedness Report, and the Texas Homeland Security Strategic Implementation Plan. The Office of the Governor (OOG) requires a resolution be passed by any jurisdiction receiving grant funds. RECOMMENDATION Staff recommends approval. ESTIMATED SCHEDULE OF PROJECT The State deadline for the completion of the grant project is 09/30/2022. FISCAL INFORMATION The total grant award for this project is $94,574.80 and requires no local match. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution 554 Respectfully submitted: Laura Behrens Grant Administrator 555 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON RATIFYING THE SUBMISSION OF AN APPLICATION TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, 2021 URBAN AREA SECURITY INITIATIVE (UASI) SPECIALIZED REGIONAL RESPONSE TEAM SUSTAINMENT GRANT PROGRAM FUNDED THROUGH THE US DEPARTMENT OF HOMELAND SECURITY IN THE AMOUNT OF $94,574.80 FOR EQUIPMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has been notified of its eligibility for the 2021 UASI SPECIALIZED REGIONAL RESPONSE TEAM SUSTAINMENT grant and applied for said grant within the timeframes required by the application process; and WHEREAS, the grant is awarded by the State of Texas, Office of the Governor, and funded by the US Department of Homeland Security for the period of October 1, 2021 through September 30, 2022; and WHEREAS, the purpose of the grant is to support state and local efforts to prevent terrorism and other catastrophic events by establishing and enhancing regional response teams; and WHEREAS, the grant will provide necessary equipment to sustain the specialized regional response teams operated by the City of Denton Regional Tactical Team and Regional Explosive Ordinance Disposal Response Team; and WHEREAS, the grant will allow the specialized regional response teams to continue the mission of detecting and mitigating terroristic incidents to the residents of the North Texas; and WHEREAS, the City Council finds it in the best interest of the citizens of the City of Denton to accept the grant award, to be operated for the period of October 1, 2021 through September 30, 2022; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The application for the 2021 UASI SPECIALIZED REGIONAL RESPONSE TEAM SUSTAINMENT grant made April 7, 2021 is hereby ratified. SECTION 2. The City Manager or designee is designated, delegated, and authorized to request and accept grant funding under the 2021 UASI SPECIALIZED REGIONAL RESPONSE TEAM SUSTAINMENT grant, including the submission of the grant application, and act on behalf of the City of Denton in all matters related to the grant application and any subsequent grant contracts and grant projects that may result. SECTION 3. The City shall comply with the requirements of the Texas Office of the Governor, the US Department of Homeland Security, and the State of Texas. SECTION 4. The project funds and any project -funded equipment and facilities will be used solely for the purposes for which they are intended under the grant. 556 SECTION 5. This resolution is effective immediately upon its passage. The motion to approve this resolution was made by and seconded by , the resolution was passed and approved by the following vote Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse L. Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of 12022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: 557 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiiwlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-116, Version: 1 AGENDA CAPTION Consider approval of a resolution of the City of Denton ratifying the submission of an application to the State of Texas, Office of the Governor, 2021 Urban Area Security Initiative (UASI) Regional Warning Siren Cyber Security grant program funded through the US Department of Homeland Security in the amount of $43,692.46 for the encryption of outdoor warning sirens; and providing an effective date. City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legistar' 558 11'1%1_0001� DENTON DEPARTMENT: ACM: DATE: SUBJECT City of Denton AGENDA INFORMATION SHEET Finance David Gaines January 25, 2022 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider approval of a resolution of the City of Denton ratifying the submission of an application to the State of Texas, Office of the Governor, 2021 Urban Area Security Initiative (UASI) Regional Warning Siren Cyber Security grant program funded through the US Department of Homeland Security in the amount of $43,692.46 for the encryption of outdoor warning sirens; and providing an effective date. BACKGROUND The UASI Program assists high -threat, high-density Urban Areas in efforts to build and sustain the capabilities necessary to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. The program is funded by the US Department of Homeland Security and is appropriated to states. The Office of the Governor (OOG) allocates funding to the State's designated Council of Government regions. As a member of the North Central Texas Council of Governments (NCTCOG) and the Regional Emergency Preparedness Advisory Committee, the City of Denton participates in the grant program. NCTCOG determines project priority based on the program's initiative for the funding year. Program initiatives for 2021 included technology and cyber security. The City proposed to provide the necessary software and equipment to protect the City's siren alerting system from unauthorized access. The proposal is consistent with the Threat and Hazard Identification and Risk Assessment, the State Preparedness Report, and the Texas Homeland Security Strategic Implementation Plan. The Office of the Governor (OOG) requires a resolution be passed by any jurisdiction receiving grant funds. RECOMMENDATION Staff recommends approval. ESTIMATED SCHEDULE OF PROJECT The State deadline for the completion of the grant project is 09/30/2022. FISCAL INFORMATION The total grant award for this project is $43,692.46 and requires no local match. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution 559 Respectfully submitted: Laura Behrens Grant Administrator 560 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON RATIFYING THE SUBMISSION OF AN APPLICATION TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, 2021 URBAN AREA SECURITY INITIATIVE (UASI) REGIONAL WARNING SIREN CYBER SECURITY GRANT PROGRAM FUNDED THROUGH THE US DEPARTMENT OF HOMELAND SECURITY IN THE AMOUNT OF $43,692.46 FOR THE ENCRYPTION OF OUTDOOR WARNING SIRENS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has been notified of its eligibility for the 2021 UASI REGIONAL WARNING SIREN CYBER SECURITY Grant and applied for said grant within the timeframes required by the application process; and WHEREAS, the grant is awarded by the State of Texas, Office of the Governor, and funded by the US Department of Homeland Security for the period of October 1, 2021 through September 30, 2022; and WHEREAS, the purpose of the grant is to provide an encrypted cellular signal to all City of Denton outdoor warning sirens; and WHEREAS, this grant will enable the City of Denton Emergency Management program to enhance overall outdoor warning siren security; and WHEREAS, the City Council finds it in the best interest of the citizens of the City of Denton to accept the grant award, to be operated for the period of October 1, 2021 through September 30,2022; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The application for the 2021 UASI REGIONAL WARNING SIREN CYBER SECURITY grant made May 26, 2021 is hereby ratified. SECTION 2. The City Manager or designee is designated, delegated, and authorized to request and accept grant funding under the 2021 UASI REGIONAL WARNING SIREN CYBER SECURITY grant, including the submission of the grant application, and act on behalf of the City of Denton in all matters related to the grant application and any subsequent grant contracts and grant projects that may result. SECTION 3. The City shall comply with the requirements of the Texas Office of the Governor, the US Department of Homeland Security, and the State of Texas. SECTION 4. The project funds and any project -funded equipment and facilities will be used solely for the purposes for which they are intended under the grant. SECTION 5. This resolution is effective immediately upon its passage. The motion to approve this resolution was made by and seconded by , the resolution was passed and approved by the following vote 561 Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse L. Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY G BY: 562 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiiwlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-160, Version: 1 AGENDA CAPTION Consider adoption of an ordinance approving a Settlement Agreement and Release implementing the terms of the settlement in litigation styled `Laterria Tyndell v. City of Denton and Thomas Deimler, " Cause No. 20- 9497-393, pending in the 3931 Judicial District Court, Denton County, Texas; and directing the City Manager or designee and the City's attorneys to effectuate as necessary and appropriate the terms of a Settlement Agreement and Release to effectuate this approval; and declaring an effective date. City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legistar' 563 4%,1109M DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: City Attorney's Office CM/ DCM/ ACM: Mack Reinwand, City Attorney AGENDA DATE: January 25, 2022 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com SUBJECT Consider adoption of an ordinance approving a Settlement Agreement and Release implementing the terms of the settlement in litigation styled "Laterria Tyndell v. City of Denton and Thomas Deimler, " Cause No. 20-9497-393, pending in the 393rd Judicial District Court, Denton County, Texas, as discussed in closed session; and directing the City Manager or designee and the City's attorneys to effectuate as necessary and appropriate the terms of a Settlement Agreement and Release to effectuate this approval; and declaring an effective date. BACKGROUND This is a negligence suit for damages under the Texas Tort Claims Act arising from a traffic accident that occurred on 11/25/19, between Plaintiff and City Defendant Thomas Deimler, who was driving a City garbage truck. OPTIONS As settlement of the matter was already authorized in accordance with Council direction, within previously delegated settlement authority, the option is to formally ratify and approve the settlement. RECOMMENDATION Proceed with formal approval. EXHIBITS Exhibit 1 — AIS Exhibit 2 — Ordinance and Settlement Agreement and Release Respectfully submitted: /s/ Caleb Garcia Deputy City Attorney Prepared by: Amy Hoffee Paralegal Legal Staff Contact: Caleb Garcia Deputy City Attorney 564 ORDINANCE NO. AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT AND RELEASE IMPLEMENTING THE TERMS OF THE SETTLEMENT IN LITIGATION STYLED "LATERRIA TYNDELL v. CITY OF DENTON AND THOMAS DEIMLER, " CAUSE NO. 20- 9497-393, PENDING IN THE 393RD JUDICIAL DISTRICT COURT, DENTON COUNTY, TEXAS; AND DIRECTING THE CITY MANAGER OR DESIGNEE AND THE CITY'S ATTORNEYS TO EFFECTUATE AS NECESSARY AND APPROPRIATE THE TERMS OF A SETTLEMENT AGREEMENT AND RELEASE TO EFFECTUATE THIS APPROVAL; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby ratifies and approves the proposed settlement of litigation styled "Laterria Tyndell v. City of Denton and Thomas Deimler, " Cause No. 20-9497- 393, pending in the 393rd Judicial District Court, Denton County, Texas, under terms set forth in the attached Settlement Agreement and Release. SECTION 2. The City Manager or designee and the City's Attorneys are hereby authorized to act on the City's behalf in approving and executing any and all documents necessary or appropriate to effectuate the terms of the settlement, and to take other actions necessary to finalize the settlement. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by and seconded by . This Ordinance was passed and approved by the following vote Aye Nay Abstain Absent Mayor Gerard Hudspeth, Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: 565 PASSED AND APPROVED this the day of January, 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY M 566 EXHIBIT "A" Settlement Agreement and Release 567 CAUSE NO. 20-9497-393 LATERRIA TYNDELL § IN TI IF, DISTRICT COURT Plaintiff, § VS. § DENTON COUNTY, TEXAS CITY OF DENTON (Owner) and § THOMAS DIEMLER (Driver) § Defendants. § 393RD JUDICIAL DISTRICT COMPROMISE SETTLEMENT AGRE)k NIENT AND RELEASE OF CLAIMS BACKGROUND Plaintiff Laterria Tyndell ("Plaintiff"} claims money damages against the City of Denton, Texas ("Denton" or "City") for the incidents alleged in this lawsuit. Released Parties deny any liability. The parties desire to settle all matters to avoid the inconvenience and expense of litigation and to buy accord. AGREEMENT Definitions. 1. "Agreement" means this Compromise Settlement and Release of Claims. 2. "Court" means the 393'd Judicial District Court of Denton County, Texas. 3. "Incident" or "Incidents" means the series of events involving the Parties occurring on or about November 25, 2419, in Denton, Texas, described or referenced in the Lawsuit as basis for any and all claims asserted therein. 4. "Lawsuit" means the action bearing the style and cause number shown above and the contents of the parties' live pleadings. 5. "Parties" means Laterria Tyndell, and City of Denton, Texas. 6. "Plaintiff' means the natural person presently known as Laterria Tyndell (date of birth S SSN # -ACX-M), under that name and any prior or subsequent names. 7. "Released Parties" means City of Denton, Texas and all of their respective past, present, and future officials, officers, shareholders, principals, employees, independent contractors, agents, attorneys, legal representatives, predecessors, successors, assigns, insurers, risk pools, and all persons, firms, and corporations in privity with the City of Denton, Texas, even if those persons or entities are not specifically named in this Agreement. However, for the limited purposes of provisions of this Agreement relating to signatures, delivery, Compromise Settlement Agrtement and Rrlease or Claims (Tyndell, Laterria) Page t or 9 568 and/or notice, this term shall be construed as to mean only those persons and entities named as defendants in the lawsuit. Release of Claims and Discharge. 8. In consideration for the payment described in Paragraph 10 of this Agreement, Plaintiff hereby completely releases and forever discharges and acquits the Released Parties from, and agrees that the sure so paid shall be in full and final satisfaction and compromise of: all actions, causes of action, claims (including subrogation claims, claims for contribution or indemnity as to money paid in connection with Ili -is settlement) and demands, on account of, in connection with, or in any way growing out of or relating to any and all negligence, intentional misconduct, retaliation, violation of any state or federal statutes or codes, breach of any duty of good faith and fair dealing, death, personal injuries, physical or mental impairment, ail incidents and contact with any City of Denton employee (or official or representative), damage to reputation, pain and suffering, grief, bereavement, loss of consortium, loss of companionship, damage to familial relationship, mental anguish, psychic injury, humiliation, and emotional stress, disfigurement, loss of quality of life, loss of earning capacity, loss of benefits, loss of retirement, loss of household services, loss of wages, loss of back wages, loss of seniority, loss of promotional opportunities, loss of profits, loss of money, damage to property, taking of property, attorneys' fees, court costs, pre- and post judgment interest, and all other causes of action and damages whether known or unknown, past, present, and future, and whether heretofore asserted or not, owned or possessed by Plaintiff against any of said Released Parties growing out of said incidents or this settlement; or any event which occurred prior to the date of this settlement. Plaintiff further assigns all of the rights and remedies released in this paragraph or arising from the Incident to the City of Denton, Texas, jointly and severally. a. Plaintiff' represents and warrants that she has not assigned or transferred any right, title or interest to any claims, demands, actions, or causes of action released hereby to any person, firm or business entity. b. Plaintiff understands and agrees that the amount paid under this agreement is full satisfaction of all injuries and damages arising on account of the above-described events and that she will receive no further sums of money therefrom. It is expressly understood and agreed that Plaintiff has already paid (or will resolve out of the Settlement Payment) all property damages, all medical, doctors' and hospital charges received in the past or to be incurred in the future and all child support and family liens. Plaintiff and her attorneys hereby acknowledge and agree it is their responsibility to ensure the satisfaction of all lien claims, including but not limited to workers compensation, Medicare, Medicaid, hospital, medical provider, and health insurance liens, and child support and family liens from the settlement funds. Plaintiff agrees to not assert or prosecute in any forum any further complaints, claims, or lawsuits therefor against anyone whomsoever in relation to the Incident(s), whether or not herein or otherwise named, described or identified, Compromise Settlement Agreement and (release of Claims (Tyndell, Laterria) Page 2 of 9 569 C. Plaintiff hereby represents and warrants to the Released Parties and to the Court that no promises, representations or agreements not set out herein have been made to her, that this Compromise Settlement and Release of All Claims is executed without reliance upon any statement or representation of any person or parties released or their representatives, concerning the nature and extent of the injuries, damages and/or legal liability therefor, that acceptance of the consideration set forth herein is a full accord and satisfaction of a disputed claim for which liability is expressly denied and that this Compromise Settlement and Release of All Claims is made of his own free will and accord after consulting with and acting upon the advice of this attorney. d. Plaintiff understands this settlement is in compromise of a doubtful and disputed claim, and that the payment is not to be construed as an admission of liability on the part of the persons or entities hereby released, by each of whom liability is hereby expressly denied. C. Plaintiff understands that this is an unconditional, unqualified release, and also includes all claims, attorneys' fees or other expenses incurred by or on behalf of the undersigned in connection with the filing and prosecution of the above- mentioned lawsuit, including taxable court costs. 9. All of Plaintiffs releases in this Agreement are made on behalf of herself, her estate, and her respective past, present, and future affiliates, insureds, agents, principals, servants, legal representatives, employees, predecessors, successors, attorneys, assigns, heirs, insurers, and all persons, firms, or corporations in privity with any of them, even if those persons or entities are not specifically named in this Agreement. Payment. 10. Denton must pay $15,500.00- referred to as the "Settlement Payment" - in the form of a check in the amount of $15,500 to Laterria Tyndell, and must deliver settlement payment to the office of Montgomery Law, PLLC ("Plaintiff s Counsel'), 2777 North Stemmons Freeway, Suite 1525, Dallas, Texas 75207 - within three weeks of receipt of the original fully executed Agreement to the Office of the City Attorney, 215 E. McKinney, Denton, Texas 76201. To be considered frilly executed, the Agreement must be signed and dated by Plaintiff before a notary public and signed by Plaintiffs legal counsel, and signed by the Released Parties after formal City Council approval. Plaintiff's Counsel shall promptly provide Released Parties with notice confirming receipt of the Settlement Payment on behalf of Plaintiff and declaring the exact amount received. Dismissal with Prejudice. H. Plaintiff will file a voluntary dismissal or nonsuit, with prejudice, her lawsuit against the City of Denton, Laterria Tyndell v. City of Denton, DC -20-9497-393 (393`d Judicial District, Denton County), within seven (7) business days following receipt of payment. Other Payments, Costs, and Expenses. Compromise Settlement Agreement and Release of Claims (TyndelI, Laterria) Page 3 or 570 12. Except for the settlement payment, Released Parties are not obligated to make any other payments and the Parties must bear their own court costs, attorney fees, and any other expenses incurred in the Lawsuit or relating to the Incident. Warranties. 13. Plaintiff warrants that: a. she has full capacity and authority to execute the Agreement; b. except for an assignment described in the Agreement, she has not assigned or transferred any rights or claims for damages that she is releasing in this Agreement; C. except as described in Paragraph 11 above, there are no outstanding or unpaid - in whole or in part - subrogation claims, including without limitation medical subrogation claims that relate in any way to the incidents alleged in the lawsuit; and: i. There are no liens - equitable, common-law, or statutory — that relate in any way to the Incidents allegod in the lawsuit, including without limitation hospital liens, medical, Medicam/Mcdicaid or other liens, or medical insurance subrogation claims which have attached or could attach to any consideration given in this Agreement, or which could form the basis of any claim or penalty against the Released Parties; or ii. Plaintiff has obtained — and filed with the proper offices) — a full and final release of any liens — equitable, common-law, or statutory -- including without limitation hospital liens, which have attached or could attach to any consideration given in this Agreement, or which could form the basis of any claim or penalty against the Released Parties. Hi. Plaintiff represents and warrants that she has not received Medicare benefits for any medical treatment, including treatment for any work injuries, as a result of the Incident; that she does not currently have pending an application for Medicare benefits; that she does not intend to apply for Medicare benefits within the next thirty months; that she understands that if she does apply for Medicare benefits within the next thirty months and submits bills for treatment of any alleged injuries arising from the Incident, that these bills may be denied by Medicare. Plaintiff represents and warrants that the purpose of this Compromise Settlement and Release of All Claims is not to shift responsibility for payment of medical expenses resulting from the alleged injuries to Medicare. Plaintiff understands that Denton and the Released Parties have relied upon this information in consideration of the settlement of Plaintiff's claims. d. It is expressly warranted that Plaintiff has paid, or out of said sum, will pay or satisfy, any outstanding dens, any liens under the Texas Family Code, child support and family liens, hospital liens, claims, medical insurance subrogation claims, Compromise Settlement Agreement and Release of Claims (Ty ndel1, Laterria) Page 4 of 4 571 property damage subrogation claims, attorney liens, and subrogation interests of any nature, past, present, and future arising out of or relating to the Incident. e. Plaintiff expressly attests and warrants that no member of her family has suffered any psychological injury, mental anguish and/or damage to the familial relationship as a result of the events in question or as a result of Plaintiffs alleged damages and injuries. Plaintiff agrees to defend, hold harmless and indemnify the Released Parties from the payment, and for the defense, including, expenses and reasonable attorneys' fees, of any and all such claims for loss of consortium, psychic injury, mental anguish and/or damage to the familial relationship. Indemnity. 14. In this Agreement, "indemnify" paeans the duty to fully and immediately reimburse Released Parties for that Released Parties': a. costs of court, attorney fees, and any other expenses incurred in any type of legal defense; b. costs of court, attorney fees, and any other expenses incurred in enforcing or attempting to enforce any of this Agreement's indemnity provisions; C. obligation, debt, payment, settlement, or judgment. 15_ Plaintiff agrees to indemnify and hold harmless Released Parties in connection with any claims, counterclaim, proceeding, demand, lawsuit, action, or cause of action that: a_ related in any way to the Incidents alleged in this lawsuit and is brought by or on behalf of: i_ Plaintiff, Plaintiff's estate, and/or Plaintiff's heirs or assigns; ii. any person, organization, or entity asserting or attempting to assert a lien — equitable, common-law, or statutory — against the Released Parties; or iii. any person, organization, or entity asserting or attempting to assert a subrogation claim against the Released Parties; b. is not brought by or on behalf of the Released Parties and contains allegations or statements that in any way conflict with any of the Plaintiff's warranties in this Agreement; C. is brought by or on behalf of the Released Parties to enforce any of this Agreement's indemnity provisions; d. is brought by or on behalf of any government or taxing entity asserting a tax obligation, interest, penalty or other obligation arising from payment of the Settlement Proceeds; or Compromise Settlement Agreement and Release of Claims (Tyndell, Laterria) Page S of 9 572 C. is brought by or on behalf of any governmental entity seeking reimbursement of paid monetary benefits for which Plaintiff might be determined ineligible as a consequence of either the Incident or this settlement. Limited Confidentiality. 16. Plaintiff, joined by her attorneys, family and agents, warrants that the terms of this settlement shall be kept confidentially by them, except that the matter was resolved without any finding of wrongdoing by the Released Parties. The undersigned agree that said persons shall not talk, discuss, release, publish or otherwise make known to anyone, including representatives of the press, new media, radio, television, internet, social media or other persons with the purpose of disclosure of the terms of this agreement, unless required by a court of competent jurisdiction. Plaintiff recognizes that Denton, is obligated to comply with the Texas Public Information Act/Texas Open Records Act and/or Open Meetings Act, and may provide information about this settlement, consistent with those obligations. Governing Law and Venue. 17. In the case that a dispute should arise regarding the Agreement or any of its provisions, the Parties agree that its terms and provisions are to be construed solely in accordance with the laws of the State of Texas, and that any lawsuit which involves this Agreement (directly or indirectly), or any provision of this Agreement, may only be filed and litigated in a court of competent jurisdiction in Denton County, Texas. Additional Documents. 18. All Parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. This agreement may be executed in multiple counterparts, with reproduced signature pages attached as necessary to evidence approval. Scanned or photocopied copies of this document shall be regarded as duplicate originals. Rill copies of this Agreement and all signature pages shall be delivered to all Parties through their respective legal counsel. Entire Agreement and Successors in Interest. 19. The Agreement contains the entire agreement and understanding between the Parties, is contractual and not mere recital, and shall be binding upon and inure to the benefit of the Parties. This Agreement renders any inconsistent prior agreements and understandings between the Parties void. The Parties do not intend any third -party beneficiaries of this Agreement (save and except those described in the definition of Released Parties above) and no person or entity other than Plaintiff shall be capable of demanding performance of any obligation set forth herein from the City of Denton or of claiming any damages therefrom arising from this Agreement. Advice of Counsel. Compromise Settlement Agreement and Release of Claims (Tyndell, Laterria) Page 6 of 9 573 20. The Parties have had the assistance and advice of independent legal counsel throughout the negotiations leading to the Agreement, and they have read the Agreement and consulted with their respective counsel regarding the meaning and effect of the Agreement. The Agreement has been jointly drafted and is not meant to be more strictly construed against one Party than another. 21. Plaintiff represents that she has relied upon the advice of her independent legal counsel concerning the legal and income talc consequences of this Agreement and that the terms of this Agreement are fully understood and voluntarily accepted by her. Effectiveness. 22. This Agreement shall become effective immediately following execution by each of the Parties. All provisions which do not include an express date for performance by a Party are intended to be perpetual. Inaction of a Party regarding any breach of this Agreement shall not be construed as waiver or release of another Party's rights to demand performance or seek damages, regardless as to whether such inaction is deliberate or inadvertent, nor shall any such inaction with respect to an individual event of breach constitute any waiver of an aggrieved Party's right to pursue enforcement or damages with respect to any other event of breach. Modifications. 23. The Agreement cannot be changed or terminated except by a subsequent agreement in writing that is signed by all the Parties. Invalid Provisions. 24. If any Party of this Agreement is for any reason found to be invalid, illegal, or unenforceable, all other parts nevertheless remain valid, legal, and enforceable. Headings. 25. The headings to the provisions of the Agreement are solely for the convenience of reference and are not to be construed as terms of this Agreement. No Other Representations. 26. Other than the written representations made in this Agreement, there are no other representations related to the Agreement and the Parties do not rely on any other representations in executing this Agreement. Notice. 28. Released Parties can satisfy any notice or delivery requirement of this Agreement through Plaintiffs Counsel, unless and until Plaintiff provides written notice of a new designee for Compromise Settlement Agreement and Release of Claims (Tyndell, Laterria) Page 7 of 9 574 notice to Plaintiff in a signed and notarized document delivered to all Released Parties. Plaintiff can satisfy any notice requirement arising from this Agreement through legal counsel for the Released Parties or their respective designees. After this Agreement becomes effective, if any of the Parties becomes aware that any claim, dispute, or other proceeding relating to the Incident or this Agreement is being alleged or asserted by any third party against one or more other Parties, they shall use reasonable efforts to provide notice of same to the other Parties as soon as practicable. SIGNATURE: Date of Signature: , 3 Z Laterria Tyndell BEFORE ME, the undersigned authority, on this day personally appeared Laterria Tyndell, who is known to me to be the person whose name is subscribed to the foregoing instrument, who is personally known by me or by providing as qualifying identification. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 3 DAY OF 2021. '� osrfsrto2s No I, the undersigned attorney for Plaintiff Laterria Tyndell, do hereby certify that Laterria Tyndell has stated to me that she has read each and every word of the foregoing instrument and that she understands its contents and effect; and as Plaintiff's attorney, I approve the settlement entered into. Moreover, I recognize and acknowledge that the negotiated language contained within Paragraph 12 places affirmative obligations upon me as an individual to act in trust in carrying out the obligations in that paragraph. �0-� adat Montgomery Attorney for Plaintiff Laterria Tyndell CITY OF DENTON, TEXAS SIGNATURE: Compromise Settlement Agreement and Release of Claims (Tyndell, Laterria) Page 8 or9 575 CITY OF DENTON, TEXAS SIGNATURE: SARA HENSLEY, lt� On behalf of the City o Per delegated authority CITY MANAGER i. Texas Date of Signature: BEFORE ME, the undersigned authority, on this day personally appeared Sara Hensley, known to me to be the person whose name is subscribed to the foregoing instrument, who is personally known to me or by providing as qualifying identification. GIYEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF 114A 6!L1--2 2022. Ekapkes TRACY R HOLT0)1133164124 Am 21, 21125 Notary Pub -fid— State of Texas APPROVED AS TO LEGAL FORM MACK REINWAND. CITY ATTORNEY 6Y: Caleb Garcia Compromise Settlement Agreement and Release of Clsiims (Tyadell, Laterria) Page 9 of 9 576 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-030, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Rush Truck Centers of Texas, L.P., through the Sourcewell Cooperative Purchasing Network Contract Number 020221-GEO, for the purchase of telematics hardware and data services through Geotab for various City Departments; authorizing the expenditure of funds therefor; and declaring an effective date (File 7891 - awarded to Rush Truck Centers of Texas, L.P., in the five (5) year not -to -exceed amount of $460,000.00). City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legistar' 577 11"'t"001110, DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Rush Truck Centers of Texas, L.P., through the Sourcewell Cooperative Purchasing Network Contract Number 020221-GEO, for the purchase of telematics hardware and data services through Geotab for various City Departments; authorizing the expenditure of funds therefor; and declaring an effective date (File 7891 — awarded to Rush Truck Centers of Texas, L.P., in the five (5) year not -to -exceed amount of $460,000.00). INFORMATION/BACKGROUND The proposed contract is for the purchase of Geotab telematics devices and data services for various City departments. The Geotab device attaches to a vehicle to track location, speed, engine idling, distance, etc. The telematics will be installed on all new and some existing vehicles and equipment if applicable. The use of telematics to gather data on vehicle and equipment use is an industry best practice and was recommended in the recent Fleet Services audit performed by Matrix Solutions. The data can be used to make better business decisions concerning vehicle right -sizing, utilization, and conversion of the fleet to alternative fuels or EV's. Fleet Services began installing telematics on a small portion of the on -road fleet in 2015. There are currently 120 devices in operation across 28 different departments that have already been converted to the new Geotab product. The data service for these existing devices will transfer to the proposed new retailer under the Sourcewell contract. In addition, the Solid Waste Department is also using Geotab product data for route optimization. Fleet Services intends to install telematics on all newly acquired City vehicles and equipment when applicable along with the possible conversion of any fleet vehicle already in service up to (3) three years of age. 578 Year 1 Year 2 Year 3 Year 4 Year 5 Current # of Systems Installed 120 220 320 420 520 Estimated # of Added Systems 80 80 80 80 80 Annual Costs ($19.39 per month per unit) $46,536 $65,150 $83,765 $102,379 $120,994 Contingency - 10% $4,654 $6,515 $8,376 $10,238 $12,099 Total: $51,190 $71,665 $92,141 $112,617 $133,093 578 Pricing obtained through Sourcewell Cooperative Purchasing Network has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. Due to the rise in Covid19 cases, this item will be taken retroactively to the Public Utilities Board once meetings resume. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On January 28, 2020, Council approved the interlocal agreement with Sourcewell (Ordinance 20-197). RECOMMENDATION Award a contract with Rush Truck Centers of Texas, L.P., for the purchase of telematics hardware and data services through Geotab for various City Departments, in a five (5) year not -to -exceed amount of $460,000. PRINCIPAL PLACE OF BUSINESS Rush Truck Centers of Texas, L.P. Dallas, TX ESTIMATED SCHEDULE OF PROJECT This is a five (5) year contract. This Sourcewell contract expires March 26, 2025. FISCAL INFORMATION These products and services will be funded through the using department's budget 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: Quote Exhibit 3: 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. 579 TM RushCare 12/13/2021 TELEMATICS SOLUTIONS Telematics Proposal Sheet Fleet Name: Department: Telematics Administrator Contact Information Telematics Billing Contact Information Ship to: Attn: Purchase Order Number: Return Order to: Geotab NIPA Monthly Subscription https://www.geotab.com/documentation/ha rness-assessment-cheat-sheet/#h.wuuy3yrS2ykp NJPA/Sourcewell Contract [ID# 020221-GEO] of Denton rushtelematics@rushenterprises.com Product Code Description Vehicle NJPA Member Price Quantity Extended monthly PROPLUS Plan - Hardware/Service (Transfers) Monthly Service Plan ProPLUS $19.39 $0.00 PROPLUS Plan - Hardware/Service (New Orders) Monthly Service Plan ProPLUS $18.87 $0.00 Included in monthly $0.00 Yearly self install $0.00 Geotab Hardware Parts - Final confirmation of Harnesses Product Code Description Quantity NJPA Member IOX-AUXM G09-LTEATT Geotab Device Included in monthly $0.00 GR8-LTEATT Geotab GO Rugged Device Included in monthly $0.00 HRN-GS16K2 1613in OBD Harness Included in monthly $0.00 HRN-GS09K2 Win Harness Included in monthly $0.00 HRN-DS06T2 6Pin Harness Included in monthly $0.00 HRN-CM24Y1 Volvo/Mack Harness Included in monthly $0.00 HRN-CK10K2 Volvo/Mack Harness Included in monthly $0.00 HRN-CS14S21 14 Pin Harness Included in monthly $0.00 HRN-CW03K3 3 Wire Included in monthly $0.00 Geotab Hardware Parts rAvailable on Reauestl Product Code Description Quantity NJPA Member Price NJPA Member Extended IOX-AUXM Auxiliary Harness for PTO, Stop Arm, Lift $0.00 IOX-GOTALK Audible In -Cab Driver Alerts $0.00 IOX-NFCREADER NFC Reader $0.00 GEO-NFCFOBBLU NFC Key Fob $0.00 GEO-NFCFOBBLU20 NFC Key Fob Bag of 20 $0.00 GEO-NFCSTKBLU NFC Sticker $0.00 GEO-NFCSTKBLU20 NFC Sticker Bag of 20 $0.00 SHIPPING Standard Shipping 1 1 $100.00 1 $100.00 Total $100.00 *All parts available on the NJPA contract. Basic installation is Geotab G09 and Harness. All other parts are optional and can be added at anytime. 580 Customer, by signing this Proposal, offers to purchase the products and services described herein. The purchase and use of Rush services by Customer (e.g. RushCare Service Connect) is governed by the RushCare Technology Solutions Platform User Agreement located at http://www.rushtruckcenters.com/rushcare-user-agreement ("Rush Terms"). The purchase and use of third party products and services by Customer, including Geotab, are subject to separate terms and conditions between Customer and the third party ('Third Party Terms"). A copy of Geotab's agreement can be found here: https:Hmy.geotab.com/eula.html. All of your rights and remedies with respect to your use of the third party products and services, including all warranty and liability rights, remedies and limitations, are governed by the Third Party Terms and Rush shall not be liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with the use of or the reliance on the third party products or services. Based on the agreement, customer agrees to stay with Geotab for at least 12 months. Early termination fee will result in a $100 hardware charge per terms of NJPA Agreement. X X Customer Signature Date Additional Terms: 1. INSTALLATION: Installation is available at any Rush Truck Centers location or can be installed by a qualified fleet technician. Typical installation time is approximately thirty minutes. Installation charges will apply. 2. BILLING: Charges will be invoiced in arrears. Each month, an email will be sent to the administrator noted in the Geotab database with current charges by device serial number and service plan. Payment is due on receipt of invoice. NOTE: It is the customer's responsibility to confirm devices are reporting on the map by using the Watchdog report on the Geotab dashboard. Even if a device is not reporting, it will still incur airtime charges. Contact Geotab for assistance troubleshooting devices that are not reporting through your "MySupport" tab in your Geotab database. 3. SUSPENSION: If payment for a device is not received when due, devices may be put in "non -communication" mode until payment is received. Outstanding balances must be paid in full prior to reactivation and a reactivation fee may apply. 4. VOLUNTARY DEACTIVATION: Customer may put devices on "heartbeat mode" for vehicles not in use for a reduced monthly rate. Devices put into heartbeat mode will be billed at their previous plan rate through the date the written request for deactivation is received. Devices can be reactivated to full service on request; reactivation may take up to 24-48 hours. 5. TERMINATION: Customer may terminate devices at any time on written notice to rushtelematics@rushenterprises.com. Airtime charges incurred prior to the termination are still due at time of termination. Removing devices from your database does not terminate them or discontinue service. DEVICE TERMINATION IS IRREVERSIBLE AND WILL RENDER THE DEVICE SIM CARD OBSOLETE. * Final installation quote is based on location and additional equipment requirements. ** Estimated shipping only. Final charges will appear on invoice. GO Device HRN-GS16K2 HRN-GS09K2 HRN-DS06T2 ME HRN-CW03S3 (3 Wire) HRN-BSO4A1 (PACCAR Adaptor) HRN•RS12S2 HRN-RW03S4 GD TALK MFG READER GED-NFCFOBBLU HRN-RXD654 GO RUGGED HRN-C514S21 (14 Pin) HRN-DC09T2 (CAT) FERN-DNG9T3 (Large F#ange) B Port 581 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH RUSH TRUCK CENTERS OF TEXAS, L.P., THROUGH THE SOURCEWELL COOPERATIVE PURCHASING NETWORK CONTRACT NUMBER 020221-GEO, FOR THE PURCHASE OF TELEMATICS HARDWARE AND DATA SERVICES THROUGH GEOTAB FOR VARIOUS CITY DEPARTMENTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 7891 — AWARDED TO RUSH TRUCK CENTERS OF TEXAS, L.P., IN THE FIVE (5) YEAR NOT - TO -EXCEED AMOUNT OF $460,000.00). WHEREAS, pursuant to Ordinance 20-197, Sourcewell 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 Sourcewell 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 NT TMRFR VFNTIO R A MOT TNT 7891 Rush Truck Centers of Texas, L.P. $460,000.00 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 Sourcewell 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 Sourcewell and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by Sourcewell, the City Manager, or their designated representative, is hereby authorized to execute the written contract which shall be referenced herein; provided that the written contract is in accordance with the terms, conditions, 582 specifications, and standards contained in the Proposal submitted to Sourcewell, 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 their 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 . This ordinance was passed and approved by the following vote [ - ]: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY 583 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City 1?lA�Q 11, of Denton, m email=marcella.lunn@cityofdento BY: n.com, c=US Date: 584 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-105, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Itasca Landfill TX, LP, for the disposal of Class I Waste for the Water Reclamation Department; providing for the expenditure of funds therefor; and providing an effective date (IFB 7822 - awarded to Itasca Landfill TX, LP, for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $150,875.00). City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legistar' 585 ov DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Itasca Landfill TX, LP, for the disposal of Class I Waste for the Water Reclamation Department; providing for the expenditure of funds therefor; and providing an effective date (IFB 7822 — awarded to Itasca Landfill TX, LP, for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $150,875.00). INFORMATION/BACKGROUND The proposed contract is for the continued disposal of Class I waste from the Pecan Creek Water Reclamation Plant. The City removes approximately 14 tons of grit per month from the wastewater system, which must be disposed of properly and safely. Wastewater grit is a state -regulated waste, and due to existing elevated levels of Total Petroleum Hydrocarbons (TPH), utilizing the City's landfill is not an option. The City is required by Texas Commission on Environmental Quality (TCEQ) to dispose of grit in a Class I Landfill in the region (Turkey Creek or Itasca) as mandated by Texas Administrative Code Rule §330.171. The amounts listed below reflect a five (5) year estimate for services. Description Estimated Cost 5 yr. Contract 135,875 Contingency 15,000 Total $ 150,875 Invitation for Bids was sent to two (2) prospective suppliers of this item. In addition, specifications were placed on the Procurement and Compliance website for prospective suppliers to download and advertised in the local newspaper. One (1) bid was received, and references were checked to ensure the vendor can provide the services requested in the Scope of Work. The department is awarding the contract to Itasca Landfill TX, LP. 586 NIGP Code Used for Solicitation: 928 - (Service Only) - Equipment Maintenance and Repair Services for Automobiles, Trucks, Trailers, Transit Buses, and Other Vehicles Notifications sent for Solicitation sent in IonWave: 2 Number of Suppliers that viewed Solicitation in IonWave: 2 HUB -Historically Underutilized Business Invitations sent out: N/A SBE -Small Business Enterprise Invitations sent out: N/A Responses from Solicitation: 1 Due to the rise in Covid19 cases, this item will be taken retroactively to the Public Utilities Board once meetings resume. RECOMMENDATION Award a contract with Itasca Landfill TX, LP, for the disposal of Class 1 waste for the Water Reclamation Department, in a three (3) year, with the option for two (2) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $150,875. PRINCIPAL PLACE OF BUSINESS Itasca Landfill TX, LP Itasca, TX ESTIMATED SCHEDULE OF PROJECT This is an initial one (3) year contract with options to extend the contract for two (2) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION These services will be funded from Solid Waste Operating Funds. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Jerry Lilley, 940-349-8622. Legal point of contact: Marcella Lunn at 940-349-8333. 587 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ITASCA LANDFILL TX, LP, FOR THE DISPOSAL OF CLASS 1 WASTE FOR THE WATER RECLAMATION DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (IFB 7822 — AWARDED TO ITASCA LANDFILL TX, LP, FOR THREE (3) YEARS, WITH THE OPTION FOR TWO (2) ADDITIONAL ONE (1) YEAR EXTENSIONS, IN THE TOTAL FIVE (5) YEAR NOT - TO -EXCEED AMOUNT OF $150,875.00). 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 7822 Itasca Landfill Tx, LP $150,875.00 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 their designated representative, is hereby authorized to execute a written contract, which shall be attached hereto, in accordance with the terms, conditions, specifications, 588 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. 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 their 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 . This ordinance was passed and approved by the following vote r - ]: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2022. GERARD HUDSPETH, MAYOR 589 ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City nn I ,' ` , , 0f Denton, BY: 4�11�'/W ��1 email=marcella.lunn@cityofdent on.com, c=US Date: 2021.12.29 11:13:14 -06'00' 590 DocuSign Envelope ID: AF6B3DO9-E50C-46DA-871A-2COFAC874897 I CITY OF DENTON Docusign City Council Transmittal Coversheet IFB 7822 File Name CLASS 1 WASTE DISPOSAL Purchasing Contact Crystal Westbrook City Council Target Date Piggy Back Option No Contract Expiration Ordinance EDS %911 DocuSign Envelope ID: AF6B3DO9-E50C-46DA-871A-2COFAC874897 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND ITASCA LANDFILL TX, LP (CONTRACT 7822) THIS CONTRACT is made and entered into this date , by and between Itasca Landfill TX, LP, a Delaware limited partnership, whose address is 2559 FM 66, Itasca, TX 75056, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Contractor shall provide products and/or services in accordance with the City's document IFB 7822 - Class 1 Waste Disposal, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit "A"); (b) City of Denton's IFB 7822 (Exhibit "B" on File at the Office of the Purchasing Agent); (c) City of Denton Standard Terms and Conditions (Exhibit "C"); (d) Insurance Requirements (Exhibit "D"); (e) Certificate of Interested Parties Electronic Filing (Exhibit "E"); (f) Contractor's Proposal (Exhibit "F"); (g) Form CIQ — Conflict of Interest Questionnaire (Exhibit "G"); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." Prohibition on Contracts with Companies Boycotting Israel Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Contractor certifies that Contractor's signatureprovides written verification to the City that Contractor: (1) does not boycott Israel, and (2) will not boycott Israel during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization Contract # 7822 19095144.1 592 DocuSign Envelope ID: AF6B3DO9-E50C-46DA-871A-2COFAC874897 Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor, pursuant to Chapter 2252, is not ineligible to enter into this agreement and will not become ineligible to receive payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. CONTRACTOR iC16 DocuSigned by- "10 1Cirw "10 i�an cr!ry BY. DDAEC916Do546494... AUTHORIZED SIGNATURE Printed Name: Kimberly Molandes Title: Business unit Finance Manager 682-557-4431 PHONE NUMBER CITY OF DENTON, TEXAS R -M ATTEST: ROSA RIOS, CITY SECRETARY kmolandes@republicservices.com BY: EMAIL ADDRESS N/A TEXAS ETHICS COMMISSION 1295 CERTIFICATE NUMBER APPROVED AS TO LEGAL FORM: DocuSigned by: l/""" "" V BY: 4B070831B4AA438... THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. DocuSigned by: Fgte. V. � FE648669726E4A9.._ SIGNATURE Director TITLE water utilities DEPARTMENT Stephen D. Gay PRINTED NAME Contract # 7822 19095144.1 593 DocuSign Envelope ID: AF6B3D09-E50C-46DA-871A-2COFAC874897 Special Terms and Conditions 1. Total Contract Amount The contract total for services shall not exceed $150,875. Pricing shall be per Exhibit F attached. 2. The Quantities The quantities indicated on Exhibit F are estimates based upon the best available information. Individual purchase orders will be issued on an as needed basis. 3. Contract Terms The contract term will be three (3) years, effective from date of award. The City and the Contractor shall have the option to renew this contract for an additional two (2) one-year periods. The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council. The Contractor's request to not renew the contract must be submitted in writing to the Purchasing Manager at least 60 days prior to the contract renewal date for each year. At the sole option of the City of Denton, the Contract may be further extended as needed, not to exceed a total of six (6) months. 4. Price Escalation and De-escalation On Contractor's request in the form stated herein, the City will implement an escalation/de- escalation price adjustment annually based on these special terms. Any request for price adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, Water Sewer, Trash Consumer Index or the manufacturer published pricing list. The maximum escalation will not exceed +/- 8% for any individual year. The escalation will be determined annually at the renewal date. The price will be increased or decreased based upon the annual percentage change in the PPI or the percentage change in the manufacturer's price list. Should the PPI or manufacturer price list change exceed a minimum threshold value of +/-I%, then the stated eligible bid prices shall be adjusted in accordance with the percent change not to exceed the 8% limit per year. The supplier should provide documentation as percentage of each cost associated with the unit prices quoted for consideration. Request must be submitted in writing with supporting evidence for need of such increase to the Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must also provide supporting documentation as justification for the request. If no request is made, then it will be assumed that the current contract price will be in effect. Upon receipt of such request, the City of Denton reserves the right to either: accept the escalation as competitive with the general market price at the time, and become effective upon the renewal date of the contract award or reject the increases within 30 calendar days after receipt of a properly submitted request. If a properly submitted increase is rejected, the Contractor may request cancellation of such items from the Contract by giving the City of Denton written notice. Cancellation will not go into effect for 15 calendar days after a determination has been issued. Contract # 7822 19095144.1 594 DocuSign Envelope ID: AF6B3DO9-E50C-46DA-871A-2COFAC874897 Pre -price increase prices must be honored on orders dated up to the official date of the City of Denton approval and/or cancellation. The request can be sent by e-mail to: purchasing@cityofdenton.com noting the solicitation number. The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes. 5. Performance Liquidated Damages The Contractor shall incur contractual payment losses, as initiated by the City for performance that falls short of specified performance standards as outlined below: • Delivery beyond contracted lead times • Performance below contracted levels (services only) The Contractor shall be assessed a one (1%) percent fee each month when any one of the performance standards outlined above are not met in full. The Contractor shall be assessed a two (2%) percent fee each month when any two (2) or more performance standards outlined above are not met in full. At the end of each month, the City will review the monthly reports and determine the percentage of penalty to be assessed to the Contractor's monthly profit margin. Contract # 7822 19095144.1 595 DocuSign Envelope ID: AF6B3DO9-E50C-46DA-871A-2COFAC874897 Fxhihit C Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton's contract are applicable to contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms and Conditions contained in the seller's proposal response, invoice or statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the contract/purchase order these written provisions will take precedence. The Contractor agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed principally at the City's premises or on public rights-of-way. 1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor's Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Contractor's name and address, (b) the City's name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be Contract # 7822 19095144.1 596 DocuSign Envelope ID: AF6B3DO9-E50C-46DA-871A-2COFAC874897 shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Contractor's price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non -conforming deliverables. If the City has the right to inspect the Contractor's, or the Contractor's Subcontractor's, facilities, or the deliverables at the Contractor's, or the Contractor's Subcontractor's, premises, the Contractor shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non -complying tender shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of the City's service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Contractor's obligations under the contract. The Contractor hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. The contractor shall, at all times, exercise reasonable precautions for the safety of their employees, City Staff, participants and others on or near the City's facilities. 10. WORKFORCE A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property . i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed Contract # 7822 19095144.1 597 DocuSign Envelope ID: AF6B3DO9-E50C-46DA-871A-2COFAC874897 any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA) enacted on September 30, 1996. 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor, it's Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph. Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.). 12. INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department's Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor's name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor's registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor's invoice. C. Invoices for labor shall include a copy of all time -sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work -hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received Contract # 7822 19095144.1 598 DocuSign Envelope ID: AF6B3DO9-E50C-46DA-871A-2COFAC874897 in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of- i. £i. delivery of defective or non -conforming deliverables by the Contractor; ii. third party claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City's agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the Contractor's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or damages for the anticipated delay; vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the term of this contract, the contractor shall bill and the City shall reimburse contractor for all reasonable and approved out of pocket expenses which are incurred in the connection with the performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise negotiated. Contract # 7822 19095144.1 599 DocuSign Envelope ID: AF6B3DO9-E50C-46DA-871A-2COFAC874897 15. FINAL PAYMENT AND CLOSE-OUT: A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor is required to submit a Contract Close -Out MBE/WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor's continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1 % or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18. SUBCONTRACTORS: A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor shall comply with all requirements approved by the City. The Contractor shall not initially employ any Subcontractor except as provided in the Contractor's Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract Contract # 7822 19095144.1 600 DocuSign Envelope ID: AF6B3D09-E50C-46DA-871A-2COFAC874897 Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY -PRICE: A. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. 20. WARRANTY — TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 21. WARRANTY — DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty Contract # 7822 19095144.1 601 DocuSign Envelope ID: AF6B3D09-E50C-46DA-871A-2COFAC874897 implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non -conforming deliverables, or replace the non -conforming deliverables with fully conforming deliverables, at the City's option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City's rights under this section. D. If the Contractor is unable or unwilling to repair or replace defective or non -conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Contractor, and purchase conforming deliverables from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty, the Contractor shall transfer and assign such manufacturer's warranty to the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturer's warranty for the benefit of the City. 22. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City's rights under this section. C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. 23. ACCEPTANCE OF INCOMPLETE OR NON -CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay Contract # 7822 19095144.1 602 DocuSign Envelope ID: AF6B3DO9-E50C-46DA-871A-2COFAC874897 all claims, costs, losses and damages attributable to the City's evaluation of and determination to accept such defective or non -conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non -conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor. 24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party's intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor's Offer, or in any report or deliverable required to be submitted by the Contractor to the City. 27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Contractor's default, including, without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post- judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City's vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract # 7822 19095144.1 603 DocuSign Envelope ID: AF6B3D09-E50C-46DA-871A-2COFAC874897 Contract for cause by the City and may result in legal action. 30. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including reasonable attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor's subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non -conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 32. INSURANCE: The following insurance requirements are applicable, in addition to the specific Contract # 7822 19095144.1 604 DocuSign Envelope ID: AF6B3D09-E50C-46DA-871A-2COFAC874897 insurance requirements detailed in Exhibit D for services only. The successful firm shall procure and maintain insurance of the types and in the minimum amounts required in Exhibit D The insurance shall be written by a company licensed to do business in the State of Texas and rated A -VII or higher by A.M. Best Company A. General Requirements: i. The Contractor shall at a minimum carry insurance in the types and amounts as required herein. ii. The Contractor shall provide Certificates of Insurance with the coverage's and blanket- form endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor's and all subcontractors' insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers' compensation coverage written by the Texas Workers' Compensation Insurance Fund, or other state approved program. vi. All blanket -form endorsements naming the City as additional insured, waivers, and notices of cancellation blanket -form endorsements shall reference the policy number evidenced on the certificate. The Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certificates of insurance evidencing and endorsements thereto x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor. xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. Contract # 7822 19095144.1 605 DocuSign Envelope ID: AF6B3DO9-E50C-46DA-871A-2COFAC874897 xii. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be the responsibility of the Contractor. xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage's indicated within the Contract. xiv. The insurance coverage's specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor. B. Specific Coverage Requirements: Specific insurance requirements are contained in Exhibit D. 33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse effect on the Contractor's ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof, and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor's Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere in the world of the rights associated with the City's' ownership, and if applicable, license rights, Contract # 7822 19095144.1 606 DocuSign Envelope ID: AF6B3D09-E50C-46DA-871A-2COFAC874897 and its use of the deliverables infringes the intellectual property rights of any third parry; or (ii) the Contractor's breach of any of Contractor's representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co -counsel on the City's behalf. Further, Contractor agrees that the City's specifications regarding the deliverables shall in no way diminish Contractor's warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain of the City's and/or its licensors' confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, "Confidential Information"). Contractor acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor agrees that upon their creation, such deliverables shall be considered as work made -for -hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made -for -hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made - for -hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work - Contract # 7822 19095144.1 607 DocuSign Envelope ID: AF6B3DO9-E50C-46DA-871A-2COFAC874897 made -for -hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Contractor's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as defined in the City's Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any officer or employee Contract # 7822 19095144.1 608 DocuSign Envelope ID: AF6B3D09-E50C-46DA-871A-2COFAC874897 guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of Interest Questionnaire. 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Contractor's services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The contractor is expressly free to advertise and perform services for other parties while performing services for the City. 45. ASSIGNMENT -DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity, which consent shall not be unreasonably withheld; provided, however, the Contractor may assign this Contract, without consent, to an entity that directly or indirectly controls, is controlled by or is under common control of Contractor or in connection with the sale of Contractor business, provided however; Contractor cannot assign this Contract to any entity that is prohibited from doing business with government entities under Texas law. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. The Vendor shall notify the City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Contractor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by Contract # 7822 19095144.1 609 DocuSign Envelope ID: AF6B3D09-E50C-46DA-871A-2COFAC874897 both parties. No pre-printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Contractor will share the mediator's fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. Contract # 7822 19095144.1 610 DocuSign Envelope ID: AF6B3DO9-E50C-46DA-871A-2COFAC874897 51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City: New Year's Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year's Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. NON -SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub -awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non -Procurement Programs, the State of Texas, or the City of Denton. 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. Contract # 7822 19095144.1 611 DocuSign Envelope ID: AF6B3DO9-E50C-46DA-871A-2COFAC874897 56. BUY AMERICAN ACT -SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable. A. Definitions. As used in this paragraph — i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means - (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. 'End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. IOa - IOd) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled 'Buy American Act Certificate". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent. 59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis -Bacon Wage Determination at http://www.dol. gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas (WD -2509). Contract # 7822 19095144.1 612 DocuSign Envelope ID: AF6B3DO9-E50C-46DA-871A-2COFAC874897 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on- site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W -2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Workers' Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug -Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government -wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug -Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance. 65. NON -WAIVER OF RIGHTS: Failure of a Party to require performance by another Party Contract # 7822 19095144.1 613 DocuSign Envelope ID: AF6B3DO9-E50C-46DA-871A-2COFAC874897 under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. 67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1. Final negotiated contract 2. REP/Bid documents 3. City's standard terms and conditions 4. Purchase order 5. Supplier terms and conditions Contract # 7822 19095144.1 614 DocuSign Envelope ID: AF6B3DO9-E50C-46DA-871A-2COFAC874897 INSURANCE REQUIREMENTS AND WORKERS' COMPENSATION REQUIREMENTS, OR OTHER STATE APPROVED PROGRAM Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or blanket -form endorsements, Gentainin the certificate will contain the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A or better. • Any deductibles or self-insured retentions shall be the sole responsibility of the Contractor. Liability policies shall be endorsed via blanket -form endorsement to provide the following: ■ Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers, when required by written contract. That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. ■ Provide a blanket -form endorsement in favor of the City of Denton, its officials, agents, employees, and volunteers. Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, Contract # 7822 19095144.1 615 DocuSign Envelope ID: AF6B3D09-E50C-46DA-871A-2COFAC874897 without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall double the occurrence limits . Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors liability, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Contract # 7822 19095144.1 616 DocuSign Envelope ID: AF6B3D09-E50C-46DA-871A-2COFAC874897 Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy including cover endersemeRt for: • any auto, or • all owned hired and non -owned autos. [X] Workers' Compensation Insurance or Other State -Approved Program Contractor shall purchase and maintain Workers' Compensation insurance or other state - approved program, which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability, or other state -approved program limitsof at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation Commission (TWCC). Contract # 7822 19095144.1 617 DocuSign Envelope ID: AF6B3D09-E50C-46DA-871A-2COFAC874897 Exhibit E Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at: https://www.ethics.state.tx.us/whatsnew/elf info_forml295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 —Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven business days. Contract # 7822 19095144.1 618 DocuSign Envelope ID: AF6B3D09-E50C-46DA-871A-2COFAC874897 EXHIBIT F ITASCA LANDFILL TX, LP Line # Description UOM Unit Price 1 Class 1 Waste (TPH>1500mg/kg) Per Ton $ 38.30 2 Haul Rate (Drop and Swap) Per Haul $ 689.00 Roll Off Container Monthly Rental 3 "Container can NOT have any holes or cracks, cross supports can NOT be bent or $ missing, tarp can NOT have holes and NEEDS to be working with a handle 2 Containers/Per Month 549.00 4 Delivery Fee for First Roll Off Container ONLY EA $ 366.00 5 Liner Fee EA $ 45.00 6 Demurrage Fee (as needed) Per Hour $ 115.00 7 Landfill Fuel Surcharge "Included in Disposal Rate Per Load $ - 8 TCEQ Fee "Included in Disposal Rate Per Ton $ - 9 Environmental Recovery Fee "Included in Disposal Rate Per Load $ - 619 DocuSign Envelope ID: AF6B3DO9-E50C-46DA-871A-2COFAC874897 Exhibit CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. ITASCA LANDFILL TX, LP 2 El Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 1 business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 1 Name of local government officer about whom the information in this section is being disclosed. Republic Services Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? = Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes = No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? = Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. None 4 ❑X I have no Conflict of Interest to disclose. 5 d by:FZZ&'tMO"Alv 12/27/2021 Sig € P6F%WN#6d8ing business with the governmental entity Date 620 Certificate Of Completion Envelope Id: AF6B3D09E50C46DA87lA2COFAC874897 Subject: Please DocuSign: City Council Contract 7822 -Class 1 Waste Disposal Source Envelope: Document Pages: 30 Signatures: 4 Certificate Pages: 6 Initials: 2 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Record Tracking Status: Original 12/17/2021 11:48:45 AM Signer Events Crystal Westbrook crystal.westbrook@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) 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) Electronic Record and Signature Disclosure: Not Offered via DocuSign Crystal Westbrook crystal.westbrook@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Catherine Clifton, Interim City Attorney City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Holder: Crystal Westbrook crystal.westbrook@cityofdenton.com Signature Completed Using IP Address: 198.49.140.104 EiDS Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 Completed Using IP Address: 198.49.140.104 DocuSigned by: C 83� 43 Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 DocuSign Status: Sent Envelope Originator: Crystal Westbrook 901 B Texas Street Denton, TX 76209 crystal.westbrook@cityofdenton.com IP Address: 198.49.140.104 Location: DocuSign Timestamp Sent: 12/17/2021 2:07:52 PM Viewed: 12/17/2021 2:08:01 PM Signed: 12/17/2021 2:38:17 PM Sent: 12/17/2021 2:38:19 PM Viewed: 12/20/2021 8:12:18 AM Signed: 12/20/2021 8:12:46 AM Sent: 12/20/2021 11:13:17 AM Viewed: 12/20/2021 11:13:39 AM Signed: 12/20/2021 11:17:53 AM Sent: 12/20/2021 8:12:49 AM Viewed: 12/20/2021 10:45:16 AM Signed: 12/20/2021 11:19:50 AM 621 Signer Events Signature Timestamp Clint Dickerson LDS Sent: 12/20/2021 11:19:55 AM cdickerson@republicservices.com Viewed: 12/20/2021 3:02:18 PM Security Level: Email, Account Authentication Signed: 12/20/2021 3:02:31 PM (None) Signature Adoption: Uploaded Signature Image Using IP Address: 163.116.139.119 Electronic Record and Signature Disclosure: Accepted: 12/20/2021 3:02:18 PM ID: a32be3f4-aac3-4e1 1 -b571 -1 c944abdfe45 Kimberly MolandesSent: 12/20/2021 3:02:36 PM kmolandes @ p re ublicservices.com EDII"Sillld ' " by: """W. Viewed: 12/20/2021 5:34:58 PM Business Unit Finance Manager DDAEc916D546494... Signed: 12/27/2021 1:50:47 PM Security Level: Email, Account Authentication (None) Signature Adoption: Pre -selected Style Using IP Address: 163.116.129.120 Electronic Record and Signature Disclosure: Accepted: 12/20/2021 5:34:58 PM ID:4d02bb59-97af-4df9-ac83-14aafb706c64 Stephen D. Gay ...Signedby: Sent: 12/27/2021 1:50:52 PM stephen.gay@cityofdenton.com ED 0. Gaul Viewed: 12/27/2021 4:09:48 PM Director FED48BB9�26E4A9 Signed: 12/28/2021 7:52:14 AM Security Level: Email, Account Authentication (None) Signature Adoption: Pre -selected Style Using IP Address: 47.186.197.168 Electronic Record and Signature Disclosure: Accepted: 12/27/20214:09:48 PM ID: ba9011c8-7b52-4305-bd24-37ee5007a7d0 Cheyenne Defee Sent: 12/28/2021 7:52:18 AM cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/28/2021 2:42:27 PM ID: Ob3390f8-09ae-46ee-a62f-d0a63dObd 15c In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp 622 Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheyenne Defee� Sent: 12/17/2021 2:38:20 PM cheyenne.defee@cityofdenton.com ED Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Gretna Jones Sent: 12/28/2021 7:52:18 AM gretna.jones@cityofdenton.com Viewed: 12/29/2021 9:18:55 AM Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Cooper jennifer.cooper@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jerry Lilley jerry.lilley@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/29/2021 8:51:23 AM ID:37d96cd7-c638-4adc-b9d5-12f63717c345 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/17/2021 2:07:52 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 623 Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Clint Dickerson, Kimberly Molandes, Stephen D. Gay, Rosa Rios, Jerry Lilley ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. 624 How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetSca e 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: -Allow per session cookies -Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. 625 Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. 626 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-106, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with ABC Professional Tree Service, Inc., for electric utility tree trimming services for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 7849 - awarded to ABC Professional Tree Service, Inc., in the five (5) year not -to-exceed amount of $6,000,000.00). City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legistar' 627 11"'t"001110, DENTON DEPARTMENT: ACM: DATE: SUBJECT City of Denton AGENDA INFORMATION SHEET Procurement & Compliance David Gaines January 25, 2022 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with ABC Professional Tree Service, Inc., for electric utility tree trimming services for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 7849 — awarded to ABC Professional Tree Service, Inc., in the five (5) year not -to -exceed amount of $6,000,000.00). INFORMATION/BACKGROUND Denton Municipal Electric (DME) has established a comprehensive and consistent utility vegetation management program for performing vegetation management for the City of Denton owned and maintained distribution and transmission electric system. DME utilizes proper and professional tree trimming techniques according to the following standards: OSHA Tree Trimming Standards 1910.269(a)(1)(i)(E); 1910.269(a)(2)(ii); 1910.269(r) and American National Standards Institute A300 Pruning. Maintaining system reliability is at the forefront for maintaining proper clearances to provide a safe system environment for DME's customers and the general public and to minimize tree -related outages caused during high wind, snow, ice storms, and trees losing their branches from disease or old age. The objectives are to be achieved while maintaining positive relations with customers and utilizing sound environmental practices. Requests for Proposals was sent to 604 prospective suppliers of this item, including 49 Denton firms. In addition, specifications were placed on the Procurement and Compliance website for prospective suppliers to download and advertised in the local newspaper. One (1) proposal was received, and references were checked to ensure the vendor can provide the services requested in the Scope of Work. The proposal was evaluated based upon published criteria including safety, compliance with specifications, probable performance, and price. Based upon this evaluation, ABC Professional Tree Services, Inc. was ranked the highest and determined to be the best value for the City. 628 Services Estimated Expenditure Utility Tree Trimming Year 1 $1,200,000 Utility Tree Trimming Upgrade Year 2 $1,200,000 Utility Tree Trimming Year 3 $1,200,000 Utility Tree Trimming Year 4 $1,200,000 Utility Tree Trimming Year 5 $1,200,000 Total $6,000,000 Requests for Proposals was sent to 604 prospective suppliers of this item, including 49 Denton firms. In addition, specifications were placed on the Procurement and Compliance website for prospective suppliers to download and advertised in the local newspaper. One (1) proposal was received, and references were checked to ensure the vendor can provide the services requested in the Scope of Work. The proposal was evaluated based upon published criteria including safety, compliance with specifications, probable performance, and price. Based upon this evaluation, ABC Professional Tree Services, Inc. was ranked the highest and determined to be the best value for the City. 628 NIGP Code Used for Solicitation: 913, 947, and 988 Notifications sent for Solicitation sent in IonWave: 604 Number of Suppliers that viewed Solicitation in IonWave: 9 HUB -Historically Underutilized Business Invitations sent out: 49 SBE -Small Business Enterprise Invitations sent out: 222 Responses from Solicitation: 1 Due to the rise in Covid19 cases, this item will be taken retroactively to the Public Utilities Board once meetings resume. RECOMMENDATION Award a contract with ABC Professional Tree Services, Inc. for electric utility tree trimming services for Denton Municipal Electric, in a five (5) year not -to -exceed amount of $6,000,000. PRINCIPAL PLACE OF BUSINESS ABC Professional Tree Services, Inc. Webster, TX SUSTAINABILITY MEASURES Responsibly maintain the tree canopy within the City of Denton in relation to DME's electric system. ESTIMATED SCHEDULE OF PROJECT This is a five (5) year contract. FISCAL INFORMATION Services will be funded from Electric Operating Funds. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Brad Watts, 940-349-7500. Legal point of contact: Marcella Lunn at 940-349-8333. 629 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ABC PROFESSIONAL TREE SERVICE, INC., FOR ELECTRIC UTILITY TREE TRIMMING SERVICES FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 7849 —AWARDED TO ABC PROFESSIONAL TREE SERVICE, INC., IN THE FIVE (5) YEAR NOT -TO -EXCEED AMOUNT OF $6,000,000.00). WHEREAS, the City has solicited, received, and evaluated competitive proposals for electric utility tree trimming services for Denton Municipal Electric; and WHEREAS, the City Manager, or a designated employee, has received, reviewed, and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, equipment, supplies, or services shown in the "Request Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 7849 ABC Professional Tree Service, Inc. $6,000,000.00 SECTION 2. That by the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, specifications, standards, quantities, and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. That should the City and person submitting approved and accepted items wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager, or their designated representative, is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance 630 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 their 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 . This ordinance was passed and approved by the following vote r - ]: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY 631 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City �,nn 1, Q n of Denton, 1 ,V 11 �.I1L email=marcella.lunn@cityofdento BY: n.com, c=US Date: 2021.12.2716:02:59 -06'00' 632 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 I CITY OF DENTON Docusign City Council Transmittal Coversheet RFP 7849 File Name utility Tree Trimming Purchasing Contact Christa Christian City Council Target Date Piggy Back Option Yes Contract Expiration Ordinance EDS 633 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND ABC PROFESSIONAL TREE SERVICE, INC. (CONTRACT 7849) THIS CONTRACT is made and entered into this date , by and between ABC Professional Tree Service, Inc. a Deleware corporation, whose address is 201 Flint Ridge Road, Ste. 201, Webster, Texas 77587, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Contractor shall provide products and/or services in accordance with the City's document RFP 7849 UTILITY TREE TRIMMING SERVICE, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit "A"); (b) City of Denton's RFP 7849 (Exhibit "B" on File at the Office of the Purchasing Agent); (c) City of Denton Standard Terms and Conditions (Exhibit "C"); (d) Insurance Requirements (Exhibit "D"); (e) Certificate of Interested Parties Electronic Filing (Exhibit "E"); (f) Contractor's Proposal (Exhibit "F"); (g) Form CIQ — Conflict of Interest Questionnaire (Exhibit "G"); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." Prohibition on Contracts with Companies Boycotting Israel Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel, and (2) will not boycott Israel during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign Contract # 7849 634 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 Terrorist Organization Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor, pursuant to Chapter 2252, is not ineligible to enter into this agreement and will not become ineligible to receive payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ABC PROFESSIONAL TREE SERVICE, INC. DocuSigned by: BY: U� A SIGNATURE Printed Name: YVONNE GARZA Title: Manager (832) 713-5701 PHONE NUMBER ygarza@abctree.com EMAIL ADDRESS 2021 - TEXAS ETHICS COMMISSION 1295 CERTIFICATE NUMBER THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. FA DocuSigned by: 10 kib PWVk "7@QQ4 4C SIGNATURE Antonio Puente PRINTED NAME DME General Manager TITLE Electric DEPARTMENT CITY OF DENTON, TEXAS ATTEST: ROSA RIOS, CITY SECRETARY am APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY DocuSigned by: BY: u& baut 635 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 Exhibit A Special Terms and Conditions 1. Total Contract Amount The contract total for services shall not exceed $6,000,000. Pricing shall be per Exhibit F attached. 2. The Quantities The quantities indicated on Exhibit F are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis. 3. Contract Terms The contract term will be five (5) years, effective from date of award or notice to proceed as determined by the City of Denton Purchasing Department. At the sole option of the City of Denton, the Contract may be further extended as needed, not to exceed a total of six (6) months. 4. Price Escalation and De-escalation On Supplier's request in the form stated herein, the City will implement an escalation/de- escalation price adjustment annually based on these special terms. Any request for price adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, Producer Price Index (PPI) or the manufacturer published pricing list. The maximum escalation will not exceed +/- 8% for any individual year. The escalation will be determined annually at the renewal date. The price will be increased or decreased based upon the annual percentage change in the PPI or the percentage change in the manufacturer's price list. Should the PPI or manufacturer price list change exceed a minimum threshold value of +/-1 %, then the stated eligible bid prices shall be adjusted in accordance with the percent change not to exceed the 8% limit per year. The supplier should provide documentation as percentage of each cost associated with the unit prices quoted for consideration. Request must be submitted in writing with supporting evidence for need of such increase to the Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must also provide supporting documentation as justification for the request. If no request is made, then it will be assumed that the current contract price will be in effect. Upon receipt of such request, the City of Denton reserves the right to either: accept the escalation as competitive with the general market price at the time, and become effective upon the renewal Contract # 7849 636 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 date of the contract award or reject the increases within 30 calendar days after receipt of a properly submitted request. If a properly submitted increase is rejected, the Contractor may request cancellation of such items from the Contract by giving the City of Denton written notice. Cancellation will not go into effect for 15 calendar days after a determination has been issued. Pre -price increase prices must be honored on orders dated up to the official date of the City of Denton approval and/or cancellation. The request can be sent by e-mail to: purchasing@cityofdenton.com noting the solicitation number. The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes. 5. Performance Liquidated Damages The Contractor shall incur contractual payment losses, as initiated by the City for performance that falls short of specified performance standards as outlined below: • Delivery beyond contracted lead times • Performance below contracted levels (services only) The Contractor shall be assessed a one (1%) percent fee each month when any one of the performance standards outlined above are not met in full. The Contractor shall be assessed a two (2%) percent profit fee each month when any two (2) or more performance standards outlined above are not met in full. At the end of each month, the City will review the monthly reports and determine the percentage of penalty to be assessed to the Contractor's monthly profit margin. Contract # 7849 637 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 Fxhihit r Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton's contract are applicable to contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms and Conditions contained in the seller's proposal response, invoice or statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the contract/purchase order these written provisions will take precedence. The Contractor agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed principally at the City's premises or on public rights-of-way. 1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor's Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Contractor's name and address, (b) the City's name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be Contract # 7849 638 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Contractor's price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non -conforming deliverables. If the City has the right to inspect the Contractor's, or the Contractor's Subcontractor's, facilities, or the deliverables at the Contractor's, or the Contractor's Subcontractor's, premises, the Contractor shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non -complying tender shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of the City's service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Contractor's obligations under the contract. The Contractor hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. The contractor shall, at all times, exercise reasonable precautions for the safety of their employees, City Staff, participants and others on or near the City's facilities. 10. WORKFORCE A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property. i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed Contract # 7849 639 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA) enacted on September 30, 1996. 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor, it's Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph. Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. § 1251 et seq.). 12. INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department's Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor's name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor's registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor's invoice. C. Invoices for labor shall include a copy of all time -sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work -hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received Contract # 7849 640 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of: i. delivery of defective or non -conforming deliverables by the Contractor; ii. third party claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City's agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the Contractor's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or damages for the anticipated delay; vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the term of this contract, the contractor shall bill and the City shall reimburse contractor for all reasonable and approved out of pocket expenses which are incurred in the connection with the performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise negotiated. Contract # 7849 641 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 15. FINAL PAYMENT AND CLOSE-OUT: A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor is required to submit a Contract Close -Out MBE/WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor's continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1 % or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18. SUBCONTRACTORS: A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor shall comply with all requirements approved by the City. The Contractor shall not initially employ any Subcontractor except as provided in the Contractor's Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract Contract # 7849 642 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY -PRICE: A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. 20. WARRANTY — TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 21. WARRANTY — DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and Contract # 7849 643 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non -conforming deliverables, or replace the non -conforming deliverables with fully conforming deliverables, at the City's option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City's rights under this section. D. If the Contractor is unable or unwilling to repair or replace defective or non -conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Contractor, and purchase conforming deliverables from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty, the Contractor shall transfer and assign such manufacturer's warranty to the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturer's warranty for the benefit of the City. 22. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City's rights under this section. C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such Contract # 7849 644 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 services from another source. 23. ACCEPTANCE OF INCOMPLETE OR NON -CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City's evaluation of and determination to accept such defective or non -conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non -conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor. 24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party's intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding parry may treat this failure as an anticipatory repudiation of the Contract. 25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor's Offer, or in any report or deliverable required to be submitted by the Contractor to the City. 27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Contractor's default, including, without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post- judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City's vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to Contract # 7849 645 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 the date of termination in accordance with the terms hereof. 29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 30. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Parry. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor's subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non- conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE Contract # 7849 646 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 32. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Appendix A for services only. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements: i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Contractor shall provide Certificates of Insurance with the coverage's and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor's and all subcontractors' insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers' compensation coverage written by the Texas Workers' Compensation Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law Contract # 7849 647 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor. xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage's indicated within the Contract. xiv. The insurance coverage's specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse effect on the Contractor's ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor's Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents Contract # 7849 648 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere in the world of the rights associated with the City's' ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor's breach of any of Contractor's representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co -counsel on the City's behalf. Further, Contractor agrees that the City's specifications regarding the deliverables shall in no way diminish Contractor's warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain of the City's and/or its licensors' confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, "Confidential Information"). Contractor acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor Contract # 7849 649 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 agrees that upon their creation, such deliverables shall be considered as work made -for -hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made -for -hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made - for -hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work - made -for -hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Contractor's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding Contract # 7849 650 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as defined in the City's Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of Interest Questionnaire. 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Contractor's services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The contractor is expressly free to advertise and perform services for other parties while performing services for the City. 45. ASSIGNMENT -DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. The Vendor shall notify the City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved parry. No waiver by either Contract # 7849 651 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 the Contractor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Contractor will share the mediator's fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would Contract # 7849 652 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. 51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City: New Year's Day (observed) MLK Day Memorial Day Juneteenth 4th of July Labor Day Veterans Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year's Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. NON -SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub -awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non -Procurement Programs, the State of Texas, or the City of Denton. 55. EQUAL OPPORTUNITY Contract # 7849 653 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 56. BUY AMERICAN ACT -SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable. A. Definitions. As used in this paragraph — i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means - (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 1 O - 1Od) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the Contract # 7849 654 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 respondent. 59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis -Bacon Wage Determination at http://www.dol.fzov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas (WD -2509). 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on- site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W -2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Workers' Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug -Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government -wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug -Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to Contract # 7849 655 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 whatever extent possible without delay. The Respondent shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance. 65. NON -WAIVER OF RIGHTS: Failure of a Parry to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. 67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1. Final negotiated contract 2. RFP/Bid documents 3. City's standard terms and conditions 4. Purchase order 5. Supplier terms and conditions Contract # 7849 656 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 Exhibit D INSURANCE REQUIREMENTS AND WORKERS' COMPENSATION REQUIREMENTS Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A or better. Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: ■ Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. ■ That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. ■ Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers. Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. Contract # 7849 657 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. Contract # 7849 658 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned hired and non -owned autos. [X] Workers' Compensation Insurance Contractor shall purchase and maintain Workers' Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a $1,000,000.00 aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. Contract # 7849 659 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for provided. Such policy shall include as "Named subcontractors as their interests may appear. Environmental Liability Insurance 100% of the completed value shall be Insured" the City of Denton and all Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this contract. Riggers Insurance The Contractor shall provide coverage for Rigger's Liability. Said coverage may be provided by a Rigger's Liability endorsement on the existing CGL coverage; through and Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11, Rigger's Liability Coverage form. Said coverage shall mirror the limits provided by the CGL coverage Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. Contract # 7849 660 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 ATTACHMENT 1 [ ] Workers' Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the Contract # 7849 661 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and Contract # 7849 662 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Contract # 7849 663 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 Exhibit E Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at: https://www.ethics.state.tx.us/whatsnew/elf info_forml295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing�b,cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 — Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven business days. Contract # 7849 664 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 EXHIBIT F CONTRACTOR'S PROPOSAL Bid Lines PRICES SHALL INCLUDE DELIVERY, FOB DESTINATION Prices on the Price Proposal Tool are allanclusive of fees not expressly allowed on the scope of work. The Offeror shall not charge separately forfuel surcharges, stop -fee, mileage, hourly rate, or any otherfees. The Offeror shall provide all tools, labor, travel, and equipment necessary to perform the services required underthis contract. SECTION I- Designated Circult Trim 202112022: Furnish all supervision, labor, traffic control personnel, material, supplies, tools, equipment and transportation to trim and remove trees, brush. and vines as needed to comply with DME Tree Trimming Specifications forthe following circuits: (Line excluded from reqo cnw Iota j 665 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 Price: I Total: 1 $0.01 1 Industrial (IN) 223 Circuit Trim 5 Quantity: 1 UOM: LS Price: $86,100.00 Total: $86,100.00 Page 20 of 25 pages Vendor: ABC Professional Tree Service, Inc. 7849 Addendur 666 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 2 Denton North (DN) 221 Circuit Trim 3 Quantity: 1 UOM: LS Price: $39,000.00 Total: $39,000.00 2 SECTION III- Future Designated Circuit Trim Priced Per Linear Foot Street Accessible Front Easement 2024- 4 2026: Furnish all supervision, labor, traffic control personnel, material, supplies, tools, equipment and transportation to trim and remove trees, brush, and vines as needed to comply with DME Tree Trimming Specifications: (Line excluded from response total) 2 Future Circuits 5 Quantity: 1 UOM: Per Ft. Price: $1.50 Total: $1.50 2 SECTION IV- Future Designated Circuit Trim Priced Per Linear Foot Manual Trim Rear Easement Climbing Trim 6 2024-2026: Furnish all supervision, labor, traffic control personnel, material, supplies, tools, equipment and transportation to trim and remove trees, brush, and vines as needed to comply with DME Tree Trimming Specifications: (Line excluded from response total) Item Attributes 1. Future Circuits $5.50 2 Aerial Lift Crew Rate: Hourly labor and equipment for 55' minimum ariel working height with one crew with three 7 persons (one working Foreman with CDL, one qualified line clearance tree trimmer with CDL and one trimmer trainee or groundman) (Line excluded from response total) Page 21 of 25 pages Vendor: ABC Professional Tree Service, Inc. 7849 Addendur 667 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 Item Attributes 1. One Crew at Standard hourly rate (with 8 hours advance notice) $142.8 2. One Crew at Emergency hourly rate( with less than 8 hours notice) $196.7 2 Trim and Brush Pick-up Rate: Hourly labor and equipment for one crew with two persons (one working foreman 8 with CDL and one ground man) (Line excluded from response total) 2 9 Item Attributes 1. One Crew at Standard hourly rate $104.85 2. One Crew at Overtime hourly rate $139.78 Individual Labor and Equipment Rates: Hourly labor or equipment rates as needed (Line excluded from response total) Item Attributes 1. Certified Arborist/Foreman- standard hourly rate $49.50 2. Certified Arborist/Foreman - overtime hourly rate $74.25 3. Supervisor Tree Trimmer - standard hourly rate $42.35 4. Supervisor Tree Trimmer - overtime hourly rate $63.53 5. Foreman Tree Trimmer (climbing) - standard hourly rate $42.35 6. Foreman Tree Trimmer (climbing)- overtime hourly rate $63.53 7. Line Clearance Trainee or Groundman/Flagman -standard hourly rate $37.95 8. Line Clearance Trainee or Groundman/Flagman - overtime hourly rate $56.93 9. Equipment Operator (tractor) - standard hourly rate $42.35 Page 22 of 25 pages Vendor: ABC Professional Tree Service, Inc. 7849 Addendur 668 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 10. Equipment Operator (tractor) - overtime hourly rate $63.53 11. Aerial Lift with dump bed and disc chipper 75 foot minimum working height and associated equipment - standard hourly rate $41.8 12. Aerial Lift with dump bed and disc chipper 75 foot minimum working height and associated equipment - overtime hourly rate $41.8 13. Chip Truck, 10 cubic yard covered dump body with disc chipper and associated equipment - standard hourly rate $35 14. Chip Truck, 10 cubic yard covered dump body with disc chipper and associated equipment - overtime hourly rate $35 15. Tractor, WD with bush hog and associated equipment - standard hourly rate $82.5 16. Tractor, WD with bush hog and associated equipment - overtime hourly rate $82.5 17. Chipper only (DISC only) - standard hourly rate $13.5 18. Chipper only (DISC only) - overtime hourly rate $13.5 19. Standard Pick-up Truck- standard hourly rate $19.53 20. Standard Pick-up Truck - overtime hourly rate $19.53 21. Hydro Ax - To include truck, trailer, and Operator - standard hourly rate $247.5 22. Hydro Ax - To include truck, trailer, and Operator - overtime hourly rate $247.5 23. Jarraff All -Terrain Machine, trailer, and Operator - standard hourly rate $125 24. Jarraff All -Terrain Machine, trailer, and Operator - overtime hourly rate $125 3 Tree Removal Rates: To be utilized at sole discretion of DME to have contract crews while working within a 0 designated circuit trim within section 1& II to remove entire trees as identified by DME. (Line excluded from response total) Page 23 of 25 pages Vendor: ABC Professional Tree Service, Inc. 7849 Addendur 669 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 Item Attributes 1. 3" - 6" Dbh $82.50 2.>6"-12"Dbh $220 3. > 12" - 18" Dbh $550 4.>18"Dbh $718.3 5. > 24-30" Dbh $0 3 1 E. Tree Removal Rates: To be utilized at sole discretion of DME to have contract crews to remove entire trees as identified by DME. (Line excluded from response total) Item Attributes 1. 3" - 6" Dbh $82.5 2.>6"-12"Dbh $220 3. > 12" - 18" Dbh $550 4.>18"Dbh $718.3 5. > 24-30" Dbh $0 3 F. Herbicide Applications: The company making the application is responsible for the purchase, storage,record 2 keeping and disposal of herbicides. Herbicides will only be applied by qualified applicators. Herbicide crews, tree crews, and mowing crews are required to have at least one individual on the crew at all times, who is qualified to apply herbicides. A qualified applicator is an individual who has been trained regarding the product and application method, and meets any federal, state, and local laws and regulations. This individual may be required to hold a certified applicators license, or be under the direct supervision of a certified applicator.This will depend upon state laws and regulations where the application is made. Supervisors of qualified applicators are required to hold a certified applicators license in the state or states in which they supervise crews. A marking agent (die) will be mixed with and used on applications to mark where herbicide has been applied. (Line excluded from response total) Page 24 of 25 pages Vendor: ABC Professional Tree Service, Inc. 7849 Addendur 670 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 Item Attributes 1. Herbicide Application - Price per gallon. $119.86 Response Total: $1,655,029.51 Page 25 of 25 pages Vendor: ABC Professional Tree Service, Inc. 7849 Addendur 671 DocuSign Envelope ID: E7CE356F-05AB-4AA1-8623-45B5F9C137F2 EXHIBIT G CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176,006(a-1), Local Govermnent Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. I Name of vendor who has a business relationship with local governmental entity. ABC Professional Tree Services, Inc. 1 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 71h business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 1 Name of local government officer about whom the information in this section is being disclosed. J1 Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? 0 Yes E]No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes 0 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes F7No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 �I have no Conflict of Interest to disclose. 5 Sib re of v dor doing business with the governmental entity Date 672 Certificate Of Completion Envelope Id: E7CE356FO5AB4AA1862345B5F9Cl37F2 Subject: Please DocuSign: City Council Contract 7849 Utility Tree Trimming Source Envelope: Document Pages: 40 Signatures: 3 Certificate Pages: 6 Initials: 1 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Record Tracking Status: Original 12/16/2021 8:07:43 AM Signer Events Christa Christian christa.christian@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) 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) Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Catherine Clifton, Interim City Attorney City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign YVONNE GARZA ygarza@abctree.com Manager ABC Professional Tree Services, Inc. Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 3/25/2019 2:02:31 PM ID: 414cfcaf-b6ba-421 d-b588-ddd 1 b28bf84e Holder: Christa Christian Christa.Christian@cityofdenton.com Signature Completed Using IP Address: 198.49.140.104 EiDS Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 Ebautby: D—Sig-d 8 RA 43 Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 by: ED*,"Si,n,d uo-le G9I1114Q eoFCF1F8e9e84Fe... Signature Adoption: Pre -selected Style Using IP Address: 50.192.86.116 DocuSign Status: Sent Envelope Originator: Christa Christian 901 B Texas Street Denton, TX 76209 Christa.Christian@cityofdenton.com IP Address: 198.49.140.104 Location: DocuSign Timestamp Sent: 12/16/2021 8:10:39 AM Viewed: 12/16/2021 8:10:49 AM Signed: 12/16/2021 8:11:57 AM Sent: 12/16/2021 8:11:59 AM Viewed: 12/16/2021 8:42:15 AM Signed: 12/16/2021 8:42:50 AM Sent: 12/16/2021 8:42:52 AM Viewed: 12/17/2021 9:16:08 AM Signed: 12/17/2021 9:20:03 AM Sent: 12/17/2021 9:20:05 AM Viewed: 12/21/2021 4:30:55 PM Signed: 12/21/2021 4:32:33 PM 673 Signer Events Antonio Puente Antonio. Puente@cityofdenton.com DME General Manager Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/21/2021 4:38:50 PM ID: 269c2767 -2794 -4919 -85f1 -Odd c64da88da Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/20/2021 12:15:18 PM ID:762d2506-e9d7-4d2f-875c-6a9b0401d597 In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature EAKD—Sign1d 1 by:1i.WA*b PW'Vb_ E3760944C2BF4B5... Signature Adoption: Pre -selected Style Using IP Address: 47.186.194.171 Signature Status Status Status Status Status PIED Timestamp Sent: 12/21/2021 4:32:35 PM Viewed: 12/21/2021 4:38:50 PM Signed: 12/21/2021 4:39:11 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 12/16/2021 8:11:59 AM 674 Carbon Copy Events Status Timestamp Gretna Jones Sent: 12/21/2021 4:39:13 PM gretna.jones@cityofdenton.com ED Viewed: 12/27/2021 3:29:19 PM Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Brad Watts Bradley.Watts@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/1/2021 2:20:06 PM ID:ec80710f-10b7-4ac8-8165-010dbbf4bc41 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/16/2021 8:10:39 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure 675 Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: YVONNE GARZA, Antonio Puente, Rosa Rios, Brad Watts ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. 676 How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetSca e 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: -Allow per session cookies -Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. 677 Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. 678 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-107, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Bond Equipment Company, Inc., through the Buy Board Cooperative Purchasing Network Contract # 601-19, for the purchase of two (2) Crane Carrier rear load refuse trucks with various vocational bodies for the Solid Waste Department; providing for the expenditure of funds therefor; and providing an effective date (File 7877 - awarded to Bond Equipment Company, Inc., in the not -to - exceed amount of $656,490.00). City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legistar' 679 1%,1001110, DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Bond Equipment Company, Inc., through the Buy Board Cooperative Purchasing Network Contract # 601-19, for the purchase of two (2) Crane Carrier rear load refuse trucks with various vocational bodies for the Solid Waste Department; providing for the expenditure of funds therefor; and providing an effective date (File 7877 — awarded to Bond Equipment Company, Inc., in the not -to -exceed amount of $656,490.00). INFORMATION/BACKGROUND This request is for the purchase of two (2) rear load refuse trucks for the Solid Waste Department. The trucks will be built using Crane Carrier low entry chassis with Heil 25 yd rear load refuse bodies. Both trucks are fleet replacements approved in the FY21/22 budget. The trucks being replaced are 2013 models with adjusted replacement dates of 2/2023. They have accrued $101,451 and $103,004 in Lifetime maintenance costs to date respectively and meet recommended replacement criteria. The Crane Carrier chassis is a true "low entry" design with an 18" floor height for ergonomic entry and exit for both the driver and passenger. These trucks are copies of a previous order and a departure from cab designs from Peterbilt It is believed that these will provide the operator with a higher level of safety and comfort for the repetitive ingress and egress motion experienced throughout the day. 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. Due to the rise in Covid19 cases, this item will be taken retroactively to the Public Utilities Board once meetings resume. 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). 680 RECOMMENDATION Award a contract with Bond Equipment Company, Inc., for the purchase of two (2) Crane Carrier rear load refuse trucks with various vocational bodies for the Solid Waste Department, in the not -to -exceed amount of $656,490. PRINCIPAL PLACE OF BUSINESS Bond Equipment Company, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT Delivery of the items will occur within 360 days after receipt of the order. This Buy Board contract expires on November 30, 2022. FISCAL INFORMATION These trucks will be funded from Solid Waste Department accounts 665191665 and 665192665. Requisition #153950 has been entered into the Purchasing software system in the amount of $656,490. The budgeted amount for this item is $656,490. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Quote Exhibit 3: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Terry Kader, 940-349-8729. Legal point of contact: Marcella Lunn at 940-349-8333. 681 TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE BUYBOARD PRODUCT PURCHASING BASED ON CONTRACT Customer Product Description A. Base Price in Bid/Proposal Number B. Published Options *itemize each item below) L9-350 Remote Radiator Fill Dash Mounted Filter Minder Pre Cleaner 3 -Battery Fuel Tank 80 Gallon 4500RDSR Trans W/Retarder Auto Neutral Front Aluminum Wheels Dual Drive RH Stand up/Sit Dwn D46 -170P Axles 5.57 Wide Brake Package 8.62 Subtotal column 1 Pubished Options added to Base Price (Subtotal of Columnl Column 2 ) C. Subtotal of A+ B D. Unpublished Options (Itemize each item below. Not to exceed + 25% of Unpublished) Adj.Seat Shock Frt Tow Pins Orange Seat Belts 46,000 Up Grade DCDL Freight to Heil Surcharge Payment After Delivery Total Column 1 Unpublished Options added to Base Price (subtotal of Column 1 + 2) Dealer Install E. Contract Price Adjustment (if any explain) F. Total of C +D + E(Not including Buyboard Fee) G. Quantity Ordered (Units x F) H. Buyboard Fee I. Non -Equipment Charges & Credits (ie Ext. Warranty, Trade In, Cost of Factory Trips etc.) J. TOTAL PURCHASE PRICE INCLUDING (G +H +I) Bond Equipment Company Inc. 2946 Irving Blvd Dallas, TX 75247 City of Denton CRANE CARRIER LET2 601-19 11/22/2021 $157,156.00 5795 R.Aluminum Wheels 1102 561 315/80 Rear Tires 1707 124 Double Frame 2379 504 Wheel Base 182" 665 160 6S/6M ABS 638 93 2 -Round Mirrors 8" 120 29821 LH Air ride Seat 310 1010 RH Fold up Seat 280 304 RH Guage Package 309 5890 Console 2 -Way Radio Wiring 134 134 859 Flaming River Disconnect 201 386 Durapack 5000/25 yard 118900 45507 Subtotal column 2 126745 $172.252 346 346 466 4674 1412 2818 525 3900 14487 Total Column 2 2 # of Units 14,487 DSRPT Promo (12940) 651,910 400 400 Cummins Extended Warranty 2090.00X 2 2090.00 X 2 4,180 ***Price Subject to Change*** Subtotal non equipment changes 4,180 656,490 Andy Bond 214-637-0760 CTL ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BOND EQUIPMENT COMPANY, INC., THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK CONTRACT # 601-19, FOR THE PURCHASE OF TWO (2) CRANE CARRIER REAR LOAD REFUSE TRUCKS WITH VARIOUS VOCATIONAL BODIES FOR THE SOLID WASTE DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 7877 — AWARDED TO BOND EQUIPMENT COMPANY, INC., IN THE NOT -TO - EXCEED AMOUNT OF $656,490.00). 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. 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 7877 Bond Equipment Company, Inc. $656,490.00 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. 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 683 City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City Manager, or their designated representative, is hereby authorized to execute the written contract which shall be referenced herein; 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 their 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 seconded by the following vote [ I Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: and .This ordinance was passed and approved by Aye Nay Abstain Absent PASSED AND APPROVED this the day of 52022. GERARD HUDSPETH, MAYOR 684 ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City f Denton, wY `Al h „ , BY: Y �1 eomail=marcella.lunn@city ofdent Date: 2021.12.07 13:19:40 -06'00' 685 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-108, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with ARCHITEXAS - Architecture, Planning, and Historic Preservation, Inc., for professional design services for City Hall West for the Facilities Management Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7818-001- awarded to ARCHITEXAS - Architecture, Planning, and Historic Preservation, Inc., in the not -to-exceed amount of $234,320.00). City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legistar' 686 41%1'100�1 DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with ARCHITEXAS - Architecture, Planning, and Historic Preservation, Inc., for professional design services for City Hall West for the Facilities Management Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7818-001— awarded to ARCHITEXAS - Architecture, Planning, and Historic Preservation, Inc., in the not -to -exceed amount of $234,320.00). INFORMATION/BACKGROUND In July 2017, the City engaged Architexas, to assist with the proposed renovation of the 1927 City Hall now known as City Hall West (CHW). Architexas is a premier historic preservation firm in the State of Texas with over 39 years of experience specializing in historic preservation, rehabilitation, and adaptive reuse of historic structures. Architexas was charged with completing an assessment of the facility and the development of three preliminary conceptual designs including cost analysis. The CHW Preliminary Rehabilitation Assessment Report and conceptual designs were presented in a work session on August 15, 2017. Accompanying the design concepts were three proposals with cost estimates ranging from $3.8 to $5.7 million. The lowest cost option included an exterior renovation with minor interior improvements. Upon conclusion of the work session, Council indicated they were not interested in pursuing the lowest cost option, but recognized funding had not yet been identified for the project to proceed with any of the presented designs. In addition, Council directed staff to establish a CHW Steering Committee charged with identifying current City and community needs, which could be matched with the space. The CHW Steering Committee was formally established by Resolution R2017-040 on November 7, 2017, and amended by Resolution R2017-049 on November 14, 2017. The committee was comprised of Council Member Duff, Council Member Hudspeth, Council Member Ryan, and 21 citizens. The committee met eight times between December 18, 2017 — October 15, 2018. Additional duties of the steering committee included the review of financial options to fund the renovation, long-term financial considerations for operation and maintenance of the facility, whether to lease the renovated facility, and exploration of grant opportunities. On November 13, 2018, staff presented the final recommendation from the committee to Council, which included an adaptive restoration of the building into a multipurpose community cultural center with space available for rentals to provide partial cost recovery. The committee also recommended the non-profit management of the facility. Staff recommended the immediate replacement of the CHW windows to prevent the further degradation of the interior until the facility is renovated. The consensus of Council was to 687 proceed with minor changes, including the replacement of the windows in FY 2019-2020, as well as consider fixed seating vs. flex seating, Greater Denton Arts Council as a management option, and making accommodations for the old fire engine. Funding in the amount of $368,388.13 for the window replacement was provided in June of 2020. New window installation was reviewed by the Historic Landmark Commission and Texas Historic Commission and subsequently completed on October 20, 2020. On February 16, 2021, during Winter Storm Uri, a fire suppression line in CHW's attic ruptured and flooded the subsequent floors down to the basement. An Environmental Report from 2017 identified multiple locations throughout CHW positive for asbestos. The confirmation of hazardous materials limited remediation actions. The water damage resulted in visible mold growth throughout the building that requires significant material removal down to the studs and framework to prevent the further spread of hazardous materials. The City secured a contractor for the removal of all hazardous materials and liquids, which was completed in October of 2021. On August 23, 2021, staff issued a Request for Information (RFI) to gather the level of interest and financial commitments by for-profit and non-profit entities. The RFI Invitation was sent to 1,611 suppliers, who had 59 days to respond to eight (8) questions. Approximately 30 suppliers viewed the RFI, but the City only received one (1) response from Hickory & Rail Ventures LLC. During the April 13, 2021 work session, staff was given directions to proceed with the interior demolition of CHW. The Facilities team is aware of several entities that expressed verbal interest in using the space, however, they did not submit official responses to the RFI. Staff recommends engaging an architectural firm and including a public outreach effort to continue establishing levels of interest and financial commitments by for-profit and non-profit entities through the interior demolition design phase. In September of 2021, Finance distributed $700,000 of Certificate of Obligation funding for the de- construction and restoration design efforts. Statements of qualifications were sent to the City's prequalified list of architects. Upon ranking the received information, staff found Architexas to have the most relevant historic building design experience, has current in progress in Texas, and available staff to complete the project within the schedule. Architexas has provided design and construction phase services for many projects similar in size and cost to City Hall West. Based on Architexas' knowledge, project team experience, and availability, staff has selected Architexas as the best choice for City Hall West interior demolition design. Requests for Qualifications for vertical construction services for Facilities Management were solicited using the City's formal solicitation process. City Council approved a pre -qualified list of professional service firms on November 16, 2021 (Ordinance 21-2435). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On November 7, 2017, Resolution R2017-040 was approved creating the CHW Steering Committee. On November 14, 2017, Resolution R2017-049 was approved modifying the CHW Steering Committee nomination requirements. On July 17, 2018, Resolution R18-1105 was approved extending the Committee's sunset date. On September 14, 2021, Ordinance 21-1851 was approved at City Council for emergency repairs to damage sustained during Winter Storm Uri. On November 16, 2021, Council approved RFQ 7818 for a prequalified list of firms for vertical construction projects (Ordinance 21-2435). .:: RECOMMENDATION Award a contract with ARCHITEXAS - Architecture, Planning, and Historic Preservation, Inc., for the design of City Hall West for the Facilities Management Department, in a not -to -exceed amount of $234,320. SUSTAINABILITY MEASURES New building construction and renovations focus on Energy Conservation and Efficiency including the pursuit of renewable technologies, energy conservation, and adherence to the International Energy Conservation Code (IECC). PRINCIPAL PLACE OF BUSINESS ARCHITEXAS - Architecture, Planning, and Historic Preservation, Inc. Austin, TX ESTIMATED SCHEDULE OF PROJECT We anticipate receiving a Final Masterplan & Program in July of 2022 and complete interior demolition & removal of Finished & Equipment in September of 2022. FISCAL INFORMATION These services will be funded from Certificates of Obligation Funds. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Scott Gray, 940-349-7744. Legal point of contact: Marcella Lunn at 940-349-8333. .:• ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ARCHITEXAS - ARCHITECTURE, PLANNING, AND HISTORIC PRESERVATION, INC., FOR PROFESSIONAL DESIGN SERVICES FOR CITY HALL WEST FOR THE FACILITIES MANAGEMENT DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7818-001— AWARDED TO ARCHITEXAS - ARCHITECTURE, PLANNING, AND HISTORIC PRESERVATION, INC., IN THE NOT -TO -EXCEED AMOUNT OF $234,320.00). WHEREAS, on November 16, 2021, the City Council approved a pre -qualified professional services list of State Certified firms to provide architectural, engineering, and other services as customarily provided for municipal, vertical construction projects for the Facilities Management Department (Ordinance 21-2435), and the professional services provider (the "Provider") mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees published by the professional associations applicable to the Provider's profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or their designee, is hereby authorized to enter into an agreement with ARCHITEXAS - Architecture, Planning, and Historic Preservation, Inc., to provide professional design services for the City of Denton, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager, or their designee, is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. 690 The motion to approve this ordinance was made by and seconded by . This ordinance was passed and approved by the following vote Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY :• APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, �� � ou=City of Denton, BY: email=marcella.lunn@cityo ME Itorrrom; c--tf5 Date: 2021.12.29 16:30:27 -06'00' 691 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD I CITY OF DENTON Docusign City Council Transmittal Coversheet PSA 7818-001 File Name CITY HALL WEST RESTORATION Purchasing Contact Christa Christian City Council Target Date Piggy Back Option Not Applicable Contract Expiration Ordinance EDS 692 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD STANDARD AGREEMENT FOR ARCHITECTURAL RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Denton, a Texas home -rule municipality ("CITY"), and ARCHITEXAS - Architecture, Planning, and Historic Preservation, Inc., with its corporate office at 1907 Marilla St. Second Floor, Dallas, Texas 75201 and authorized to do business in Texas, ("ARCHITECT"), for a PROJECT generally described as: City Hall West, Historical Preservation (the "PROJECT"). SECTION 1 Scope of Services A. The CITY hereby agrees to retain the ARCHITECT, and the ARCHITECT hereby agrees to perform, professional architectural services set forth in the Scope of Services attached hereto as Attachment A. These services shall be performed in connection with the PROJECT. B. Additional services, if any, will be requested in writing by the CITY. CITY shall not pay for any work performed by ARCHITECT or its consultants, subcontractors and/or suppliers that has not been ordered in advance and in writing. It is specifically agreed that ARCHITECT shall not be compensated for any additional work resulting from oral orders of any person. SECTION 2 Compensation and Term of Agreement A. The ARCHITECT shall be compensated for all services provided pursuant to this AGREEMENT in an amount not to exceed $234,320.00 in the manner and in accordance with the fee schedule as set forth in Attachment B. Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment B. B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall be for a term beginning upon the effective date, as described below, and shall continue for a period which may reasonably be required for the completion of the PROJECT, until the expiration of the funds, or completion of the PROJECT and acceptance by the CITY, whichever occurs first. ARCHITECT shall proceed diligently with the PROJECT to completion as described in the PROJECT schedule as set forth in Attachment A. SECTION 3 Terms of Payment Payments to the ARCHITECT will be made as follows: City of Denton, Texas Professional Services Agreement Revised Date: 9/6/18 Page 1 of 17 693 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD A. Invoice and Payment (1) The Architect shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in the PROJECT schedule as set forth in Attachment A to reasonably substantiate the invoices. (2) The ARCHITECT will issue monthly invoices for all work performed under this AGREEMENT. Invoices for the uncontested performance of the particular services are due and payable within 30 days of receipt by City. (3) Upon completion of services enumerated in Section 1, the final payment of any balance for the uncontested performance of the services will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ARCHITECT for billings contested in good faith within 60 days of the amount due, the ARCHITECT may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ARCHITECT shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. SECTION 4 Obligations of the ARCHITECT A. General The ARCHITECT will serve as the CITY's professional architect representative under this AGREEMENT, providing professional architectural consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ARCHITECT shall perform its services: (1) with the professional skill and care ordinarily provided by competent architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and City of Denton, Texas Professional Services Agreement Revised Date: 9/6/18 Page 2 of 17 694 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent architect. C. Subsurface Investigations (1) The ARCHITECT shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and architectural work to be performed hereunder. The ARCHITECT shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ARCHITECT. D. Preparation of Architectural Drawings The ARCHITECT will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ARCHITECT shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Architect's Personnel at Construction Site (1) The presence or duties of the ARCHITECT 's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ARCHITECT or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the AGREEMENT Documents and any health or safety precautions required by such construction work. The ARCHITECT and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. City of Denton, Texas Professional Services Agreement Revised Date: 9/6/18 Page 3 of 17 695 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ARCHITECT or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the AGREEMENT Documents, nor shall anything in the AGREEMENT Documents or this AGREEMENT between CITY and ARCHITECT be construed as requiring ARCHITECT to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ARCHITECT makes on-site observation(s) of a deviation from the AGREEMENT Documents, the ARCHITECT shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ARCHITECT shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the AGREEMENT Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ARCHITECT shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ARCHITECT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ARCHITECT makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ARCHITECT 's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ARCHITECT to the CITY for periodic construction progress payments to the construction contractor will be based on the ARCHITECT 's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ARCHITECT to ascertain City of Denton, Texas Professional Services Agreement Revised Date: 9/6/18 Page 4 of 17 696 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD that the construction contractor has completed the work in exact accordance with the AGREEMENT Documents; that the final work will be acceptable in all respects; that the ARCHITECT has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ARCHITECT is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Right to Audit (1) ARCHITECT agrees that the CITY shall, until the expiration of five (5) years after final payment under this AGREEMENT, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ARCHITECT involving transactions relating to this AGREEMENT. ARCHITECT agrees that the CITY shall have access during normal working hours to all necessary ARCHITECT facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ARCHITECT reasonable advance notice of intended audits. (2) ARCHITECT further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ARCHITECT and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ARCHITECT for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Denton, Texas Professional Services Agreement Revised Date: 9/6/18 Page 5 of 17 697 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD J. INSURANCE (1) ARCHITECT'S INSURANCE a. Commercial General Liability — the ARCHITECT shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ARCHITECT waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this AGREEMENT. b. Business Auto — the ARCHITECT shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the architect owns no vehicles, coverage for hired or non -owned is acceptable. ARCHITECT waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ARCHITECT pursuant to this AGREEMENT or under any applicable auto physical damage coverage. c. Workers' Compensation — ARCHITECT shall maintain workers City of Denton, Texas Professional Services Agreement Revised Date: 9/6/18 Page 6 of 17 698 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. ARCHITECT waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ARCHITECT pursuant to this AGREEMENT. d. Professional Liability — ARCHITECT shall maintain professional liability, a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the AGREEMENT or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the AGREEMENT. An annual certificate of insurance specifically referencing this PROJECT shall be submitted to the CITY for each year following completion of the AGREEMENT. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ARCHITECT has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Denton, 901 Texas Street, Denton, Texas 76209. City of Denton, Texas Professional Services Agreement Revised Date: 9/6/18 Page 7 of 17 K•• DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. The CITY shall be entitled, upon its request and without incurring expense, to review the ARCHITECT 's insurance policies including endorsements thereto and, at the CITY's discretion; the ARCHITECT may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ARCHITECT shall be required by the ARCHITECT to maintain the same or reasonably equivalent insurance coverage as required for the ARCHITECT. When sub consultants/subcontractors maintain insurance coverage, ARCHITECT shall provide CITY with documentation thereof on a certificate of insurance. K. Independent Consultant City of Denton, Texas Professional Services Agreement Revised Date: 9/6/18 Page 8 of 17 700 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD The ARCHITECT agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. L. Disclosure The ARCHITECT acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ARCHITECT further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this AGREEMENT and prior to final payment under the AGREEMENT. M. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ARCHITECT will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ARCHITECT to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. N. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current architectural practice standards which the ARCHITECT should have been aware of at the time this AGREEMENT was executed, the ARCHITECT shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this AGREEMENT which the ARCHITECT could not have been reasonably aware of, the ARCHITECT shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. 161111 &VI TT --T' M [- ARCHITECT shall manage the PROJECT in accordance with the schedule developed per Attachment A to this AGREEMENT. P. Equal Opportunity (1) Equal Employment Opportunity: ARCHITECT and ARCHITECT's agents shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic City of Denton, Texas Professional Services Agreement Revised Date: 9/6/18 Page 9 of 17 701 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this AGREEMENT. (2) Americans with Disabilities Act (ADA) Compliance: ARCHITECT and ARCHITECT's agents shall not engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. SECTION 5 Obligations of the City A. City -Furnished Data ARCHITECT may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ARCHITECT as required for the ARCHITECT 's performance of its services. The CITY will perform, at no cost to the ARCHITECT, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ARCHITECT 's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ARCHITECT's services or PROJECT construction. D. Timely Review The CITY will examine the ARCHITECT 's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the PROJECT schedule prepared in accordance with Attachment A. E. Prompt Notice The CITY will give prompt written notice to the ARCHITECT whenever CITY observes or becomes aware of any development that affects the scope or timing of the ARCHITECT's City of Denton, Texas Professional Services Agreement Revised Date: 9/6/18 Page 10 of 17 702 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD services or of any defect in the work of the ARCHITECT or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ARCHITECT will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ARCHITECT had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ARCHITECT from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ARCHITECT's negligence or if ARCHITECT brings such hazardous substance, contaminant or asbestos onto the PROJECT. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ARCHITECT 's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ARCHITECT for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ARCHITECT, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the architectural services performed. Only the CITY will be the beneficiary of any undertaking by the ARCHITECT." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ARCHITECT and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this AGREEMENT. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ARCHITECT. CITY's Insurance City of Denton, Texas Professional Services Agreement Revised Date: 9/6/18 Page 11 of 17 703 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/Installation insurance at the replacement cost value of the PROJECT. The CITY may provide ARCHITECT a copy of the policy or documentation of such on a certificate of insurance. J. Litigation Assistance The Scope of Services does not include costs of the ARCHITECT for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ARCHITECT, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ARCHITECT 's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. SECTION 6 General Legal Provisions A. Authorization to Proceed ARCHITECT shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ARCHITECT, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ARCHITECT will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. City of Denton, Texas Professional Services Agreement Revised Date: 9/6/18 Page 12 of 17 704 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD C. Force Majeure The ARCHITECT is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ARCHITECT that prevent ARCHITECT's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated: a. by the City for its convenience upon 30 days' written notice to ARCHITECT. b. by either the CITY or the ARCHITECT for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ARCHITECT will be paid for termination expenses as follows: a. Cost of reproduction of partial or complete studies, plans, specifications or other forms of ARCHITECT'S work product; b. Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c. The time requirements for the ARCHITECT 'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ARCHITECT will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ARCHITECT for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ARCHITECT s personnel and subcontractors, and ARCHITECT 's compensation will be made. F. Indemnification City of Denton, Texas Professional Services Agreement Revised Date: 9/6/18 Page 13 of 17 705 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904, THE ARCHITECT SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST LIABILITY FOR ANY DAMAGE COMMITTED BY THE ARCHITECT OR ARCHITECT'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE ARCHITECT EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS REASONABLE ATTORNEY'S FEES IN PROPORTION TO THE ARCHITECT'S LIABILITY. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Denton County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F., 6.13., 6.D., 65., 6.H., and 6.1. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ARCHITECT shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ARCHITECT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION, WHETHER IT BE BY ITSELF OR ITS EMPLOYEES. K. Immigration Nationality Act City of Denton, Texas Professional Services Agreement Revised Date: 9/6/18 Page 14 of 17 706 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD ARCHITECT shall verify the identity and employment eligibility of its employees who perform work under this AGREEMENT, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ARCHITECT shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this AGREEMENT. ARCHITECT shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ARCHITECT employee who is not legally eligible to perform such services. ARCHITECT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ARCHITECT, ARCHITECT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ARCHITECT, shall have the right to immediately terminate this AGREEMENT for violations of this provision by ARCHITECT. L. Prohibition On Contracts With Companies Boycotting Israel ARCHITECT acknowledges that in accordance with Chapter 2270 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this AGREEMENT, ARCHITECT certifies that ARCHITECT'S signature provides written verification to the CITY that ARCHITECT: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the AGREEMENT. Failure to meet or maintain the requirements under this provision will be considered a material breach. M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this AGREEMENT, ARCHITECT certifies that ARCHITECT'S signature provides written verification to the CITY that ARCHITECT, pursuant to Chapter 2252, is not ineligible to enter into this AGREEMENT and will not become ineligible to receive payments under this AGREEMENT by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. N. Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City City of Denton, Texas Professional Services Agreement Revised Date: 9/6/18 Page 15 of 17 707 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at: https://www.ethics.state.tx.us/whatsnew/eIf_info_form 1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 — Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven business days. O. Agreement Documents This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B — Compensation Attachment C — Conflict of Interest Questionnaire These documents make up the AGREEMENT documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall be resolved by giving precedence first to the written AGREEMENT then to the AGREEMENT documents in the order in which they are listed above. Duly executed by each party's designated representative to be effective on the date subscribed by the City Manager. City of Denton, Texas Professional Services Agreement Revised Date: 9/6/18 Page 16 of 17 708 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD BY: CITY OF DENTON, TEXAS City Manager Date: THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. DocuSigned by: Sit- -)UNa iNt 44 7443A.. Director - Airport & Facilities Title Facilities Management Department Date Signed: 12/29/2021 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY DocuSigned by: By: � Uau& 41B07083164AA438... ATTEST: CITY SECRETARY City of Denton, Texas Professional Services Agreement Revised Date: 9/6/18 Page 17 of 17 BY: ARCHITEXAS - Architecture, Planning, and Historic Preservation, Inc DocuSigneed�by: David Chase, AIA, LEED AP Principal Date: 12/29/2021 2021- 805779 TEXAS ETHICS COMMISSION CERTIFICATE NUMBER 709 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD EXHIBIT A Architcxas CREATE + CONSERVE 14 December 2021 Marissa Barrett Administration Manager City of Denton I Airport & Facilities Management Marissa.Barrett()cityofdenton.com Re: City of Denton's City Hall West Renovation Proposal for Masterplanning & Programming Services Dear Ms. Barrett: Architexas is pleased to submit this fee proposal for programming and masterplanning services for the City of Denton's City Hall West project. Architexas acknowledges the scope and schedule outlined in the RFP and can be used by the City as attachments to the PSA. Architexas has reviewed the proposed PSA for this project and has no objections. This proposal includes services that will include the following scope of work: TASK 1 Interior Selective Demolition TASK 2 Masterplanning & Programming PROJECT TEAM MEMBERS Architexas Architect RLG Structural Engineer MEPCE MEP I Security & IT Studio Outside Landscape Consultants not included in our scope of services that are to be contracted and paid by the Owner: Environmental Survey & Consulting Site Surveyor Geotechnical Registered Accessibility Specialist (TDLR fees for registration, review and inspection) Construction Materials Testing Lab Cost Estimating SCOPE OF SERVICES Architexas will provide the following services: Dallas I Austin I San Antonio www.architexas.com 2907 Marilla St. Second Floor Dallas, Texas 75202 P 224.748.4562 2900 S. Congress Ave. Suite 200 Austin, Texas 78704 P 5-12-444-4220 4278 1h Street San Antonio, Texas 78225 P 220.998.2422 710 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD City of Denton's City Hall West Renovation Proposal for Services Page 2 of 5 TASK 1 INTERIOR SELECTIVE DEMOLITION 1.1 Develop Construction Documents & Specifications Architexas will prepare Construction Documents & Specifications defining the selective demolition and removal of interior finishes, equipment, and other improvements that have no salvage value; exposing the true condition of the building. 1.2 Bidding & Negotiation Architexas will assist the Owner in obtaining competitive bids from qualified sub -contractors. These services will include: • coordinating release of drawings and specifications and other bidding materials with the Owner • conduct an on-site pre-bid meeting for qualified prospective bidders • preparation of responses to questions from prospective bidders and provide clarification and interpretations of the bidding documents to prospective bidders in the form of addenda • receiving and evaluation and qualification of bids from qualified sub -contractors 1.3 Construction Administration Architexas will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating the Work, when fully completed, will be in accordance with the Construction Documents. Includes: Respond to RFI's, review shop drawings, and (4) site visits during construction Substantial Completion When the Work is found to be substantially complete, Architexas will conduct on-site review to determine the date of substantial completion and the schedule to achieve final completion. Includes: Site visit, create punch list, and review closeout documents Final Completion When the Work is found to be fully complete, Architexas will conduct a final walk with the Owner to determine full compliance of the project with the Contract Documents and certify a final Certificate of Payment. Includes: Site visit, approve final pay application TASK 2 MASTERPLANNING & PROGRAMMING 2.1 Community Outreach Architexas will lead a Community Outreach Process for a 2 month duration. This Outreach Process will include meetings with the following groups: • Downtown Business Owners 711 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD City of Denton's City Hall West Renovation Proposal for Services Page 3 of 5 • Historic Landmark Commission • Local Community • Local Non -Profits • City's Development Services team • City's Engineering Department Includes: (4) trips to Denton assuming four hours each Architexas will prepare Construction Documents & Specifications defining the selective demolition and removal of interior finishes, equipment, and other improvements that have no salvage value; exposing the true condition of the building. 2.2 Social Media Architexas will work with City's Public Information Office to leverage their existing social media and website assets to ensure broad community awareness of this Masterplanning and Programming effort, as well as the City's goals for the project. 2.3 Community Polling Prepare a web -based community poll; run at least one interactive virtual meeting with the community; and use any other creative tools that will expand the outreach and capture process. 2.4 Masterplan & Program I Draft #1 Collate the outreach process and findings as well as Architexas recommendations for the building's use into a Masterplan & Program — Draft #1. Includes: Outreach findings Recommendations for building's use over next 20 years Addresses City's Project Goals as indicated in Exhibit A Answers City's Questions as indicated in Exhibit A Proposed Program with the following information: • Net assignable square footage (NSF) for each programmatic space / use • Gross building square footage (GSF) to account for circulation, MEP spaces, etc. • Conceptual floor plans for each floor that match the proposed NSF and GSF • Conceptual site plan identifying modifications required to the site for the new use • Parking study with space allocations to meet the code requirements for the new use • Narrative identifying the applicable code, development and engineering guidelines. Pro forma: • 20 year property pro forma showing proposed rental income, leasing and operating expenses, and City subsidies required (if any). • Assume the pro forma's first costs for interior demolition and reconstruction, capital maintenance & replacement costs, ongoing maintenance, insurance, and energy costs will be provided by the City 2.5 Presentation to City Architexas will present the Masterplan & Program I Draft #1 to City leadership and other stakeholders for input, edits, and further direction. VA PA DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD City of Denton's City Hall West Renovation Proposal for Services Page 4 of 5 2.6 Revise per City Comments Architexas will revise and incorporate comments received from City leadership and other stakeholders for final review, comment, and approval. 2.7 Presentation to City Council Once approved by City leadership, Architexas will present the Final Masterplan & Program to City Council for their consideration & further direction. DELIVERABLES Architexas will provide the Owner with one hard copy and one electronic copy of the Master Plan. Additional hard copies will be provided for an additional fee. PROJECT SCHEDULE Architexas will begin work within 30 days of being given notice to proceed and proposes the following schedule: Task 1 Interior Selective Demolition 8 months Task 2 Masterplanning & Programming 7 months COMPENSATION Compensation for Tasks 1-2 will be a fixed professional fee of $163,920.00 plus reimbursable expenses. Task 1 Interior Selective Demolition $ 60,900.00 Task 2 Masterplanning & Programming $103,020.00 ADDITIONAL SERVICES Services requested by the Owner that are not part of the scope of work described in this proposal will be billed on an hourly basis at the following rates: Senior Principal $ 300.00 Principal $ 250.00 Project Architect $150.00 Intern Architect $100.00 Senior Historic Preservation Specialist $150.00 Administrative $ 75.00 REIMBURSABLE EXPENSES Reimbursable expenses necessary to perform the above services will be invoiced in addition to the architectural fees. Reimbursable expenses incurred for each 30 day billing period will be submitted with the invoice for that billing period. Reimbursable expenses include, but are not limited to the following: • Reproduction (photographic, xerographic, scanning, printing, CAD plotting or other means of reproducing graphics and reports) • Courier, express mail and other delivery services • Long distance phone and faxing 713 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD City of Denton's City Hall West Renovation Proposal for Services Page 5 of 5 • Travel related expenses • Mileage (@a $0.58/mile) Thank you for allowing Architexas the opportunity to submit this Proposal. We are looking forward to working with the City of Denton on this great project. Sincerely, David Chase, AIA LEED AP Principal 714 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD City of Denton's City Hall West - Historic Preservation - MP & Program Professional Services Agreement - Exhibit B- Basic and Additional Services Architexas Updated on 30 NOV 2021 Description Architectural Structural Mechanical (HVAC & Plumbing) Electrical Civil Design Landscape Interior Design (Fixed) Interior Design (FF&E) IT, Teledata, Telecomm & AV Security Cost Estimating Geotechnical Engineering Other Consultants Total Comments Desiqn and Engineering Fees Interior Demolition - Construction Documents 6,500 7,600 6,800 By City By City 60,900 40,000 By City By City Masterplanning & Programming 16,000 9,780 9,240 22,000 By City By City By City By City 57,020 Community Outreach Process 8,300 By City By City By City By City 8,300 Masterplan & Program - Draft One 20,000 800 800 By City By City By City By City 21,600 Masterplan & Program - Draft Two & Final 12,000 800 800 By City By City By City By City 13,600 Presentation to City Council 2,500 By City By City By City By City 2,500 Subtotal Design Fees 98,800 6,500 18,980 17,640 22,000 163,920 Reimbursable Expenses Reproduction & Printing Costs By City By City By City By City Shipping/Overnight Services & Postage By City By City By City By City Mileage, Airfare, Lodging, Meals, & Travel Costs By City By City By City By City Reimbursable Contingency 5,000 100 100 100 4,000 By City By City By City By City 9,300 Subtotal Reimbursable Expenses 5,000 100 100 100 4,000 9,300 Alternates (Value Added Services at the Owner's Option) Alternate #01 - Energy Modelling & Sustainable Design 4,000 1,600 N/A N/A N/A N/A 5,600 Alternate #02 - Electronic As-Builts from GC's Redlines 2,000 N/A N/A N/A N/A 2,000 Alternate #03 - Cost Estimating N/A N/A N/A N/A 27,000 27,000 Alternate #04 - Performa (Detailed) N/A N/A N/A N/A 5,000 5,000 Alternate #05 - AV Design N/A N/A N/A N/A 6,500 6,500 Alternate #06 - Historic Paint & Finish Analysis N/A N/A N/A N/A 15,000 15,000 Subtotal Alternates 2,000 4,000 1,600 53,500 61,100 Total of Fees, Reimbursable & Alternates 105,800 6,600 23,080 19,340 26,000 53,500 234,320 NOTE: Interior Design services are included in the architectural fees Civil Design services are not included RFP - Exhbt D - Fee & Reimb - REV Page 1 of 1 0 2021 All rights reserved by Peak Program Value, LLC DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD CONFLICT OF INTEREST QUESTIONNAIRE - EXHIBIT C CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. I Name of vendor who has a business relationship with local governmental entity. ARCHITEXAS - Architecture, Planning, and Historic Preservation, Inc. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7' business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate. 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Foran CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes = No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes 0 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes = No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 ® I have no Conflict of Interest to disclose. 5 F10/12/2021 Signature of vendor doing business with the governmental entity Date 716 DocuSign Envelope ID: 3B3F954D-EC2A-48FF-AAA2-A092ED94C6CD 717 Certificate Of Completion Envelope Id: 3B3F954DEC2A48FFAAA2AO92ED94C6CD Subject: Please DocuSign: City Council Contract 7818-001 CHW Restoration Source Envelope: Document Pages: 26 Signatures: 3 Certificate Pages: 6 Initials: 1 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Record Tracking Status: Original 12/16/2021 5:19:15 PM Signer Events Christa Christian christa.christian@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) 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) Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Catherine Clifton, Interim City Attorney City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign David Chase dchase@architexas.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/29/2021 1:32:49 PM ID:8ebb54a7-8428-43e0-a2e7-20a02e6723a1 Holder: Christa Christian Christa.Christian@cityofdenton.com Signature Completed Using IP Address: 198.49.140.104 EiDS Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 DocuSigned by: C 8 RA 43 Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 DocuSdigned by: E � 2E3EEE71C70C483... Signature Adoption: Pre -selected Style Using IP Address: 76.184.183.215 DocuSign Status: Sent Envelope Originator: Christa Christian 901 B Texas Street Denton, TX 76209 Christa.Christian@cityofdenton.com IP Address: 198.49.140.104 Location: DocuSign Timestamp Sent: 12/16/2021 5:38:33 PM Viewed: 12/16/2021 5:38:42 PM Signed: 12/16/2021 5:39:11 PM Sent: 12/16/2021 5:39:13 PM Viewed: 12/20/2021 8:15:08 AM Signed: 12/20/2021 8:22:29 AM Sent: 12/20/2021 8:22:32 AM Viewed: 12/20/2021 10:36:26 AM Signed: 12/20/2021 10:40:49 AM Sent: 12/20/2021 10:40:52 AM Resent: 12/29/2021 11:12:08 AM Viewed: 12/29/2021 1:32:49 PM Signed: 12/29/2021 1:42:18 PM 718 Signer Events Scott Gray scott.gray@cityofdenton.com Director - Airport & Facilities x Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/29/2021 1:42:51 PM ID:120dffd2-59aa-43c9-9f1c-6f3e7eaa1d8d Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/28/2021 2:42:27 PM ID: Ob3390f8-09ae-46ee-a62f-d0a63dObd 15c In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature ED—Sign1d by: A79499140F7443A... Signature Adoption: Pre -selected Style Using IP Address: 47.38.255.16 Signed using mobile Signature Status Status Status Status Status PIED Timestamp Sent: 12/29/2021 1:42:21 PM Viewed: 12/29/2021 1:42:51 PM Signed: 12/29/2021 1:43:22 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 12/16/2021 5:39:14 PM 719 Carbon Copy Events Status Timestamp Marissa Barrett Sent: 12/20/2021 8:22:32 AM marissa.barrett@cityofdenton.com ED Management Analyst City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Gretna Jones* C Sent: 12/29/2021 1:43:26 PM gretna.jones@cityofdenton.com i L Viewed: 12/29/2021 2:09:37 PM Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@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 12/16/2021 5:38:33 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 720 Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: David Chase, Scott Gray, Rosa Rios ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. 721 How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetSca e 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: -Allow per session cookies -Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. VM Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. 723 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-109, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with North Texas Umpire Association, for the supply of certified softball officiating services for the Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (IFB 7851 - awarded to North Texas Umpire Association, for one (1) year, with the option for two (2) additional one (1) year extensions, in the total three (3) year not -to -exceed amount of $150,000.00). City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legistar' 724 ov DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with North Texas Umpire Association, for the supply of certified softball officiating services for the Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (IFB 7851— awarded to North Texas Umpire Association, for one (1) year, with the option for two (2) additional one (1) year extensions, in the total three (3) year not -to -exceed amount of $150,000.00). INFORMATION/BACKGROUND The Adult Softball league is operated by the Parks and Recreation Department (PARD) staff and is offered in the spring, summer, and fall seasons. Under the proposed contract, North Texas Umpire Association (NTUA) will be scheduled to officiate approximately 850 softball games for PARD during the 2021-2022 fiscal year. NTUA will provide officials and scorekeepers for the PARD Adult Softball Leagues that will be sanctioned by the USA Softball rules/governing body. Services Estimated Expenditure Year 1 (estimated 850 games at $58 a game) $ 50,000 Year 2 (estimated 850 games at $58 a game) $ 50,000 Year 3 (estimated 850 games at $58 a game) $ 50,000 Total $150,000 Invitation for Bids was sent to 397 prospective suppliers of this item. In addition, specifications were placed on the Procurement and Compliance website for prospective suppliers to download and advertised in the local newspaper. One (1) bid was received, and references were checked to ensure the vendor can provide the services requested in the Scope of Work. The department is awarding the contract to North Texas Umpire Association. 725 NIGP Code Used for Solicitation: 961 - (Service Only) - Miscellaneous Services, No. 1 (Not Otherwise Classified Notifications sent for Solicitation sent in IonWave: 397 Number of Suppliers that viewed Solicitation in IonWave: 10 -Historically Underutilized Business Invitations sent out: 35 —HUB SBE -Small Business Enterprise Invitations sent out: 180 Responses from Solicitation: 1 RECOMMENDATION Award a contract with North Texas Umpire Association, for the supply of certified softball officiating services for the Parks and Recreation Department, in a one (1) year, with the option for two (2) additional one (1) year extensions, in the total three (3) year not -to -exceed amount of $150,000. PRINCIPAL PLACE OF BUSINESS North Texas Umpire Association (NTUA) Denton, TX ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for two (2) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION These services will be funded from Parks and Recreation Operating Funds. 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 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Jason Barrow, 940-349-7218. Legal point of contact: Marcella Lunn at 940-349-8333. 726 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH NORTH TEXAS UMPIRE ASSOCIATION, FOR THE SUPPLY OF CERTIFIED SOFTBALL OFFICIATING SERVICES FOR THE PARKS AND RECREATION DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (IFB 7851 — AWARDED TO NORTH TEXAS UMPIRE ASSOCIATION, FOR ONE (1) YEAR, WITH THE OPTION FOR TWO (2) ADDITIONAL ONE (1) YEAR EXTENSIONS, IN THE TOTAL THREE (3) YEAR NOT -TO -EXCEED AMOUNT OF $150,000.00). 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 NT TMRFR VFNT1()R A MILT TNT 7851 North Texas Umpire Association $150,000.00 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 their designated representative, is hereby authorized to execute a written contract, which shall be attached hereto, in accordance with the terms, conditions, specifications, W41A 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. 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 their 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 . This ordinance was passed and approved by the following vote Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY 728 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, , ,n 1 , y� ou=City of Denton, BY: 1!_ kkdft SIU$, email=marcella.lunn@cityof -dent row. om, c=US Date: 2021.12.29 13:50:26 -06'00' 729 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1 F2E4B5 I CITY OF DENTON Docusign City Council Transmittal Coversheet IFB 7851 File Name softball umpires Purchasing Contact Erica Garcia City Council Target Date Piggy Back Option Yes Contract Expiration Ordinance EDS R 730 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND NORTH TEXAS UMPIRE ASSOCIATION (CONTRACT 7851) THIS CONTRACT is made and entered into this date , by and between North Texas Umpire Association a Texas corporation, whose address is 524 A- North Locust St. Denton, Texas 76201, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Contractor shall provide products and/or services in accordance with the City's document IFB 7851 — Softball Umpires, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit "A"); (b) City of Denton's IFB 7851 (Exhibit "B" on File at the Office of the Purchasing Agent); (c) City of Denton Standard Terms and Conditions (Exhibit "C"); (d) Insurance Requirements (Exhibit "D"); (e) Certificate of Interested Parties Electronic Filing (Exhibit "E"); (f) Contractor's Proposal (Exhibit "F"); (g) Form CIQ — Conflict of Interest Questionnaire (Exhibit "G"); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." Prohibition on Contracts with Companies Boycotting Israel Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign Contract # 7851 731 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 Terrorist Organization Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor, pursuant to Chapter 2252, is not ineligible to enter into this agreement and will not become ineligible to receive payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. DocNk CO T tert CITY OF DENTON, TEXAS BY: AUTHORIZED SIGNATURE BY: Terry Hunt Printed Name: President Title: 940-390-3641 PHONE NUMBER sbumpire00@gmail.com EMAIL ADDRESS 1295 certificate Number TEXAS ETHICS COMMISSION 1295 CERTIFICATE NUMBER THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. �Dwo'c�u,S- ignewd'b/y_: w 1- (�a N p lA&am- AC6AE9F7A4264A9... SIGNATURE Gary Packan PRINTED NAME Director of Parks and Recreation TITLE Parks & Recreation DEPARTMENT ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY:EDocuSigned by:�`',�/�,�/L 83 438... 732 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 Exhibit A Special Terms and Conditions 1. Total Contract Amount The contract total for services shall not exceed $150,000. Pricing shall be per Exhibit F attached. 2. The Quantities The quantities indicated on Exhibit F are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis. 3. Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional two (2) one-year periods. The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council. The Supplier's request to not renew the contract must be submitted in writing to the Purchasing Manager at least 60 days prior to the contract renewal date for each year. At the sole option of the City of Denton, the Contract may be further extended as needed, not to exceed a total of six (6) months. 4. Price Escalation and De-escalation On Supplier's request in the form stated herein, the City will implement an escalation/de- escalation price adjustment annually based on these special terms. Any request for price adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, Producer Price Index (PPI) or the manufacturer published pricing list. The maximum escalation will not exceed +/- 8% for any individual year. The escalation will be determined annually at the renewal date. The price will be increased or decreased based upon the annual percentage change in the PPI or the percentage change in the manufacturer's price list. Should the PPI or manufacturer price list change exceed a minimum threshold value of +/-I%, then the stated eligible bid prices shall be adjusted in accordance with the percent change not to exceed the 8% limit per year. The supplier should provide documentation as percentage of each cost associated with the unit prices quoted for consideration. Request must be submitted in writing with supporting evidence for need of such increase to the Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must also provide supporting documentation as justification for the request. If no request is made, then it will be assumed that the current contract price will be in effect. Upon receipt of such request, the City of Denton reserves the right to either: accept the escalation as competitive with the general market price at the time, and become effective upon the renewal date of the contract award or reject the increases within 30 calendar days after receipt of a Contract # 7851 733 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 properly submitted request. If a properly submitted increase is rejected, the Contractor may request cancellation of such items from the Contract by giving the City of Denton written notice. Cancellation will not go into effect for 15 calendar days after a determination has been issued. Pre -price increase prices must be honored on orders dated up to the official date of the City of Denton approval and/or cancellation. The request can be sent by e-mail to: purchasing@cityofdenton.com noting the solicitation number. The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes. 5. Performance Liquidated Damages The Contractor shall incur contractual payment losses, as initiated by the City for performance that falls short of specified performance standards as outlined below: • Delivery beyond contracted lead times • Performance below contracted levels (services only) The Contractor shall be assessed a one (1%) percent fee each month when any one of the performance standards outlined above are not met in full. The Contractor shall be assessed a two (2%) percent profit fee each month when any two (2) or more performance standards outlined above are not met in full. At the end of each month, the City will review the monthly reports and determine the percentage of penalty to be assessed to the Contractor's monthly profit margin. Contract # 7851 734 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 Fxhihit r Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton's contract are applicable to contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms and Conditions contained in the seller's proposal response, invoice or statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the contract/purchase order these written provisions will take precedence. The Contractor agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed principally at the City's premises or on public rights-of-way. 1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor's Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Contractor's name and address, (b) the City's name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be Contract # 7851 735 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Contractor's price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non -conforming deliverables. If the City has the right to inspect the Contractor's, or the Contractor's Subcontractor's, facilities, or the deliverables at the Contractor's, or the Contractor's Subcontractor's, premises, the Contractor shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non -complying tender shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of the City's service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Contractor's obligations under the contract. The Contractor hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. The contractor shall, at all times, exercise reasonable precautions for the safety of their employees, City Staff, participants and others on or near the City's facilities. 10. WORKFORCE A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property. i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed Contract # 7851 736 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA) enacted on September 30, 1996. 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor, it's Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph. Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. § 1251 et seq.). 12. INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department's Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor's name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor's registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor's invoice. C. Invoices for labor shall include a copy of all time -sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work -hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received Contract # 7851 737 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of: i. delivery of defective or non -conforming deliverables by the Contractor; ii. third party claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City's agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the Contractor's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or damages for the anticipated delay; vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the term of this contract, the contractor shall bill and the City shall reimburse contractor for all reasonable and approved out of pocket expenses which are incurred in the connection with the performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise negotiated. Contract # 7851 738 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 15. FINAL PAYMENT AND CLOSE-OUT: A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor is required to submit a Contract Close -Out MBE/WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor's continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of I% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18. SUBCONTRACTORS: A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor shall comply with all requirements approved by the City. The Contractor shall not initially employ any Subcontractor except as provided in the Contractor's Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract Contract # 7851 739 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY -PRICE: A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. 20. WARRANTY — TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 21. WARRANTY — DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and Contract # 7851 740 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non -conforming deliverables, or replace the non -conforming deliverables with fully conforming deliverables, at the City's option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City's rights under this section. D. If the Contractor is unable or unwilling to repair or replace defective or non -conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Contractor, and purchase conforming deliverables from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty, the Contractor shall transfer and assign such manufacturer's warranty to the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturer's warranty for the benefit of the City. 22. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City's rights under this section. C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such Contract # 7851 741 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 services from another source. 23. ACCEPTANCE OF INCOMPLETE OR NON -CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City's evaluation of and determination to accept such defective or non -conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non -conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor. 24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party's intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor's Offer, or in any report or deliverable required to be submitted by the Contractor to the City. 27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Contractor's default, including, without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post- judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City's vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to Contract # 7851 M, K DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 the date of termination in accordance with the terms hereof. 29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 30. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor's subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non- conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE Contract # 7851 743 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 32. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Appendix A for services only. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements: i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Contractor shall provide Certificates of Insurance with the coverage's and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor's and all subcontractors' insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers' compensation coverage written by the Texas Workers' Compensation Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law Contract # 7851 744 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor. xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage's indicated within the Contract. xiv. The insurance coverage's specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse effect on the Contractor's ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor's Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents Contract # 7851 745 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere in the world of the rights associated with the City's' ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor's breach of any of Contractor's representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co -counsel on the City's behalf. Further, Contractor agrees that the City's specifications regarding the deliverables shall in no way diminish Contractor's warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain of the City's and/or its licensors' confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, "Confidential Information"). Contractor acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor Contract # 7851 746 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 agrees that upon their creation, such deliverables shall be considered as work made -for -hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made -for -hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made - for -hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work - made -for -hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Contractor's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding Contract # 7851 ML Yl DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation solicitation as defined in the City's Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of Interest Questionnaire. 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Contractor's services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The contractor is expressly free to advertise and perform services for other parties while performing services for the City. 45. ASSIGNMENT -DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. The Vendor shall notify the City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either Contract # 7851 748 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 the Contractor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Contractor will share the mediator's fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would Contract # 7851 749 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. 51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City: New Year's Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year's Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. NON -SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub -awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non -Procurement Programs, the State of Texas, or the City of Denton. 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual Contract # 7851 750 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 56. BUY AMERICAN ACT -SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable. A. Definitions. As used in this paragraph — i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means - (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 10a - 1Od) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled 'Buy American Act Certificate". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent. Contract # 7851 751 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis -Bacon Wage Determination at http://www.dol.aov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas (WD -2509). 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on- site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W -2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Workers' Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug -Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government -wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug -Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar Contract # 7851 752 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance. 65. NON -WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. 67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1. Final negotiated contract 2. RFP/Bid documents 3. City's standard terms and conditions 4. Purchase order 5. Supplier terms and conditions Contract # 7851 753 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1 F2E4B5 Exhibit D INSURANCE REQUIREMENTS AND WORKERS' COMPENSATION REQUIREMENTS Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at anytime; however, Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A or better. Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: ■ Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. ■ That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. ■ Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers. Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. Contract # 7851 754 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1 F2E4B5 • Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted. [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. Contract # 7851 755 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1 F2E4B5 [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned hired and non -owned autos. [X] Workers' Compensation Insurance Contractor shall purchase and maintain Workers' Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a $1,000,000.00 aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits no respect to negligent acts, errors or omissions required under this Agreement. Contract # 7851 t less than $1,000,000.00 per claim with in connection with professional services is 756 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1 F2E4B5 [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Environmental Liability Insurance Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this contract. [ ] Riggers Insurance The Contractor shall provide coverage for Rigger's Liability. Said coverage may be provided by a Rigger's Liability endorsement on the existing CGL coverage; through and Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11, Rigger's Liability Coverage form. Said coverage shall mirror the limits provided by the CGL coverage [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. Contract # 7851 757 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1 F2E4B5 ATTACHMENT 1 [ ] Workers' Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the Contract # 7851 758 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and Contract # 7851 759 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1 F2E4B5 b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Contract # 7851 760 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1F2E4B5 Exhibit E Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf info forml295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing(ii)cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 — Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven business days. Contract # 7851 761 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1 F2E4B5 7851 - Pa 762 Exhibit F IFB 7851 North Texas Umpire Association Line # Description Mfgr QTY UOM Unit 1 SOFTBALL UMPIRES ADULT SOFTBALL CO-ED LEAGUES Game rate for 2 Umpires (Pricing includes the following: Rate for (2) Officials, 2 Scorekeeper Cost Per Game, Assigning Fee, including Supplies. Needing the total price per game for 2 Umpires) 2 EA $58.00 If the City offers Coed for Fun leagues (as in the past), they have been only one umpire instead of two. IF the City would like 2 ALT1 to offer those leagues in the future, then that game fee would be $46.00 COED for FUN League 2 EA $46.00 ADULT SOFTBALL MENS LEAGUES Game rate for 2 Umpires (Pricing includes the following: Rate for (2) Officials, Scorekeeper 3 Cost Per Game Assigning Fee includingSupplies. Needingthe total price per game for 2 Umpires) 2 EA $58.00 ADULT SOFTBALL TOURNAMENTS Game rate for 2 Umpires (Pricing includes the following: Rate for (2) Officials, Scorekeeper 4 Cost Per Game Assigning Fee including Supplies. Needing the total price per game for 2 Umpires) 2 Each $58.00 7851 - Pa 762 DocuSign Envelope ID: 80587295-8EE9-4845-B250-F55CE1 F2E4B5 Exhibit CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. North Texas umpire Association 2 El Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 1 business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 1 Name of local government officer about whom the information in this section is being disclosed. none Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? = Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes = No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? = Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. I have no family or employment relationships. 4 ❑x I have no Conflict of Interest to disclose. 5 DocuSigned by: Terry Hunt 12/28/2021 Sig €tBRWfiWMng business with the governmental entity Date 763 Certificate Of Completion Envelope Id: 805872958EE94845B250F55CE1F2E4B5 Subject: Please DocuSign: City Council Contract 7851 Source Envelope: Document Pages: 34 Signatures: 4 Certificate Pages: 6 Initials: 1 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Record Tracking Status: Original 12/17/2021 9:29:21 AM Signer Events Erica Garcia erica.garcia@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) 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) Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Catherine Clifton, Interim City Attorney City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Terry Hunt sbumpire00@gmail.com President Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/28/2021 3:48:42 PM ID: 58805460-d04c-4987-9fd 8-c6826949324f Holder: Erica Garcia erica.garcia@cityofdenton.com Signature Completed Using IP Address: 198.49.140.104 EiDS Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 DocuSigned by: C 8 RA 43 Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 DocuSigned by: E erry Hunt DB22A88C4B9940E.. Signature Adoption: Pre -selected Style Using IP Address: 68.187.37.70 DocuSign Status: Sent Envelope Originator: Erica Garcia 901 B Texas Street Denton, TX 76209 erica.garcia@cityofdenton.com IP Address: 198.49.140.104 Location: DocuSign Timestamp Sent: 12/17/2021 9:32:54 AM Viewed: 12/17/2021 9:33:02 AM Signed: 12/17/2021 9:43:16 AM Sent: 12/17/2021 9:43:18 AM Viewed: 12/20/2021 8:12:56 AM Signed: 12/20/2021 8:14:51 AM Sent: 12/20/2021 8:14:54 AM Viewed: 12/20/2021 10:42:28 AM Signed: 12/20/2021 10:44:25 AM Sent: 12/20/2021 10:44:29 AM Viewed: 12/28/2021 3:48:42 PM Signed: 12/28/2021 3:57:53 PM 764 Signer Events Gary Packan Gary. Packan@cityofdenton.com Director of Parks and Recreation Parks and Recreation Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/29/2021 10:49:18 AM ID:45a072e2-26d4-44d6-b9fa-dca6ecb10e50 Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/28/2021 2:42:27 PM ID: Ob3390f8-09ae-46ee-a62f-d0a63dObd 15c In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature by: ED—Sign1d S9F7A42 Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 Signature Status Status Status Status Status COPIED Timestamp Sent: 12/28/2021 3:57:58 PM Resent: 12/29/2021 8:53:10 AM Viewed: 12/29/2021 10:49:18 AM Signed: 12/29/2021 10:49:41 AM Ya'iiiif�af��7f��1Y�li[17Cg7Cl.'>/1�� Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 12/17/2021 9:43:18 AM 765 Carbon Copy Events Status Timestamp Gretna Jones Sent: 12/29/2021 10:49:45 AM gretna.jones@cityofdenton.com ED Viewed: 12/29/2021 11:10:22 AM Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jason Borrow jason.borrow@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 12/17/2021 9:32:54 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure 766 Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Terry Hunt, Gary Packan, Rosa Rios ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. 767 How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetSca e 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: -Allow per session cookies -Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. 768 Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. 769 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-110, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative Purchasing Agreement with the City of Sanger, under the Texas Government Code Section 791.001, to authorize the City of Sanger and City of Denton to utilize each entities' solicited contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 7920 - award an Interlocal Cooperative Purchasing Agreement with the City of Sanger). City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legistar' 770 DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative Purchasing Agreement with the City of Sanger, under the Texas Government Code Section 791.001, to authorize the City of Sanger and City of Denton to utilize each entities' solicited contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 7920 — award an Interlocal Cooperative Purchasing Agreement with the City of Sanger). INF ORMATION/BACKGROUND Chapter 791 of the Texas Government Code authorizes respective participating governments to enter into agreements for the purchase of goods and services. The attached agreement is an authorization for the City of Denton to participate in contracts awarded by the City of Sanger and for the City of Sanger to participate in contracts awarded by the City of Denton. The contract will remain in effect until terminated by either party. This Agreement will allow both entities to utilize contracts for goods and services competitively solicited by the other party to the contract. The solicitation process followed by both entities meets all statutory procurement requirements per Local Government Code 271.102. Upon approval of the Agreement, the City of Sanger plans to utilize the City of Denton's RFP 7378 Supplementary Mowing. Section 791 of the Government Code requires that all Cooperative Agreements must be authorized by the governing body, regardless of the dollar amount. RECOMMENDATION Award an Interlocal Cooperative Purchasing Agreement with the City of Sanger for various goods and services. PRINCIPAL PLACE OF BUSINESS City of Sanger Sanger, TX 771 ESTIMATED SCHEDULE OF PROJECT This Agreement is effective upon approval by the City of Denton and will remain in effect until terminated by either party. FISCAL INFORMATION Each future acquisition, based on the Agreement, will follow the City of Denton fiscal verification policy and be charged to the appropriate budget account. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and Interlocal Agreement Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Lori Hewell, 940-349-7100. Legal point of contact: Marcella Lunn at 940-349-8333. vk&' ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF SANGER, UNDER THE TEXAS GOVERNMENT CODE SECTION 791.001, TO AUTHORIZE THE CITY OF SANGER AND CITY OF DENTON TO UTILIZE EACH ENTITIES' SOLICITED CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 7920 — AWARD AN INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF SANGER). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or their designee, is hereby authorized to execute the Interlocal Cooperative Purchasing Agreement with the City of Sanger under Section 791.001 of the Texas Government Code, a copy of which is attached hereto and incorporated by reference herein (the "Agreement"). SECTION 2. The City Manager, or their designee, is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SECTION 3. The City Council of the City of Denton hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their 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 This ordinance was passed and approved by the following vote - ]: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: 773 PASSED AND APPROVED this the day of , 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY :• APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, Q 1' ou=City of Denton, BY: � 'v I email=marcella.lunn@cityofdent Date: 2021.12.3013:38:28 -06'00' 774 DocuSign Envelope ID: 5BD7E7DA-D572-4060-94FA-E3EA80374C89 I CITY OF DENTON Docusign City Council Transmittal Coversheet IA 7920 File Name IA w/ city of Sanger Purchasing Contact Erica Garcia City Council Target Date Piggy Back Option Not Applicable Contract Expiration Ordinance EDS R 775 DocuSign Envelope ID: 5BD7E7DA-D572-4060-94FA-E3EA80374C89 INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN THE CITY OF SANGER AND CITY OF DENTON, TEXAS STATE OF TEXAS COUNTY OF DENTON THIS INTERLOCAL COOPERATIVE PURCHASING AGREEMENT (the "Agreement") is made on the day of , [202J between the C;ty of Denton, and the City of Sanger; jointly referred to herein as "parties" and each separately as a "party." WHEREAS, each party is authorized by Chapter 791 of the Texas Government Code (the "Interlocal Cooperation Act"), to enter into joint contracts and agreements for the performance of governmental functions and services including administrative functions normally associated with the operation of government such as purchasing necessary materials and supplies; WHEREAS, Section 271.102 of the Texas Local Government Code authorizes a local government to participate in a cooperative purchasing program with another local government or a local cooperative organization; WHEREAS, the parties recognize that participation in this cooperative purchasing program will be highly beneficial to the taxpayers of the parties through anticipated savings to be realized; WHEREAS, the parties cannot normally obtain the best possible purchase price for materials and supplies acting individually and without cooperation; WHEREAS, it is deemed in the best interest of all parties that said governments enter into a mutually satisfactory agreement for the purchase of certain materials and supplies; and WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein and pursuant to the authority permitted under the Interlocal Cooperation Act, promise and agree as follows: I. Purpose A. The purpose of this Agreement is to establish a cooperative purchasing program between the parties, which will allow each party to purchase goods and services under each other's competitively bid contracts pursuant to Subchapter F, Chapter 271 of the Texas Local Government Code. 776 DocuSign Envelope ID: 5BD7E7DA-D572-4060-94FA-E3EA80374C89 II. Duration of Agreement A. This Agreement shall be in full force and effect from the date it is duly executed by all parties until terminated by either party to this Agreement. Any party may modify and/or terminate this Agreement in accordance with the following terms and conditions: • The terms and conditions of this Agreement may be modified upon the mutual consent of all parties. Mutual consent will be demonstrated by approval of the governing body of each party hereto. No modification to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of all parties. • This Agreement may be terminated at any time by either party, with or without cause, upon thirty days' written notice to the other parry. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person, sent (i) as an attachment to an email, (ii) by fax with a successful send confirmation, or (iii) by certified mail to the address as listed herein: City of Denton: Procurement Division Attn: Purchasing Manager City of Denton 901 B Texas Street Denton, TX 76209 Phone: 940-349-7100 Fax: 940-293-1837 purchasing@cityofdenton.com City Sanger: Administration Attn: City Manager City of Sanger 502 Elm Street P.O. Box 1729 Sanger, Tx 76266 III. Relationship of Parties A. It is agreed that the parties, in receiving products and/or services specified in this Agreement, shall each act as an independent purchaser and shall have control of its needs and the way any such products and/or services are acquired. Neither party is an agent, employee or joint enterprise of the other, and each party is responsible for its own actions, forbearance, negligence and deeds, and for those of its agents or employees, in conjunction with the 2 777 DocuSign Envelope ID: 5BD7E7DA-D572-4060-94FA-E3EA80374C89 utilization and/or cooperative solicitation of any supplier agreement obtained in accordance with Texas law. B. The parties shall notify, using the notice procedures set forth in Section ILA, all participating entities of available contracts to include terms of contract, commodity cost, contact names and addresses, and shall keep participating parties informed of all changes to the list of contracts available for cooperative purchasing. C. Each party shall ensure that all applicable laws and ordinances have been satisfied with respect to any action taken by such party pursuant to this Agreement. D. Nothing in this Agreement shall prevent any participating party from accepting and awarding bids for commodities subject to this Agreement individually and on its own behalf. E. Purchasing Agent or their designee, is the official representative to act for the City of Denton in all matters relating to this Agreement. F. John Noblett or their designee, is the official representative to act for the City of Sanger in all matters relating to this Agreement. IV. Purchase of Goods and Services A. All products and services shall be procured in accordance with all appropriate procedures governing competitive bids and competitive proposals, as required by the laws of the State of Texas. B. The parties will be able to purchase from those contracts established by the other party where notice has been given in the bid specifications and the successful bidder has accepted terms for cooperative purchasing agreements for local governments. C. The parties hereto agree that the ordering of products and services through this Agreement shall be their individual responsibility and that the successful bidder or bidders shall bill each party directly or, if deemed advantageous by the parties, to both parties. D. The parties agree to pay successful bidders directly for all products or services received from current revenues available for such purchase. Each party shall be liable to the successful bidder only for products and services ordered by and received by such party and shall not, by the execution of this Agreement, assume any additional liability. E. The parties do not warrant and are not responsible for the quality or delivery of products or services from the successful bidder. The participating parties shall receive all warranties provided by the successful bidder for the products or services purchased. 778 DocuSign Envelope ID: 5BD7E7DA-D572-4060-94FA-E3EA80374C89 F. If any dispute arises between individual parties and a successful bidder, such dispute shall be handled by and between the participating party's governmental body and the bidder. V. Liability and Immunity Provisions A. It is understood and agreed between the parties that each party hereto shall be responsible for its own and its employees' acts of negligence in connection with this Agreement. Neither party shall be responsible for any negligent act or omission of the other party or its employees in connection with this Agreement. It is specifically agreed that, as between the parties, each party to this Agreement shall be individually and respectively responsible for responding to, dealing with, insuring against, defending, and otherwise handling and managing liability and potential liability of itself and its employees pursuant to this Agreement. B. Notwithstanding the foregoing, each party hereto reserves and expressly does not waive any immunity or defense available at law or in equity, including governmental immunity, for any claim or cause of action whatsoever that may arise or result from the services provided and/or any circumstances arising under this Agreement. These provisions are solely for the benefit of the parties hereto and are not for the benefit of any person or entity not a party hereto; this Agreement shall not be interpreted nor construed to give any claim or cause of action to any third party. Neither party shall be held legally liable for any claim or cause of action arising pursuant to or out of the services provided under this Agreement, except as specifically provided by law. Where injury or property damages results from the joint or concurrent negligence of both parties, liability, if any, shall be shared by each party based on comparative responsibility in accordance with the applicable laws of the State of Texas, subject to all defenses available to them, including governmental immunity. C. This Agreement is expressly made subject to the parties' governmental immunity under the Texas Civil Practice and Remedies Code and all applicable federal, state, and local laws, rules, regulations, ordinances, and policies. Nothing in this Agreement shall be deemed to waive, modify, or amend any legal defense available at law or in equity to either party or to create any legal rights or claim on behalf of any third party. Neither party waive, modify, or alter, to any extent whatsoever, the availability of the defense of governmental immunity under the laws of the State of Texas. VI. Miscellaneous A. Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective party. B. In the event any one or more of the provisions contained in this Agreement shall be held, for any reason, to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, 0 779 DocuSign Envelope ID: 5BD7E7DA-D572-4060-94FA-E3EA80374C89 or unenforceability shall not affect the other provisions and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. C. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives, and assigns. Neither party will assign or transfer an interest in this Agreement without the prior written consent of the other party. D. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in, or claims by, third parties who are not signatories to this Agreement. E. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any cause of action concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. F. This Agreement, together with any referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, has no legal force or effect whatsoever, unless properly executed in writing in accordance with Section ILA, and if appropriate, recorded as an amendment of this Agreement. G. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision nor in any way affect the validity of this Agreement or the right of either party thereafter to enforce each provision hereof. No term of this Agreement shall be deemed waived or any breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver or excuse of any other different or subsequent breach. H. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. I. Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. [Signature Page to Follow] 780 DocuSign Envelope ID: 5BD7E7DA-D572-4060-94FA-E3EA80374C89 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized officers thereon the day and the year first above written, CITY OF SANGER CITY MANAGER ATTEST: KELLY EDWARDS CITY SECRETARTY BY: � APPROVED AS TO LEGAL FORM: HCITY ATTORNEY BY: ���1t$16ff1(l Al i /fir t� CITY OF DENTON, TEXAS CITY MANAGER ATTEST: ROSA RIOS CITY SECRETARY APPROVED AS TO LEGAL FORM: Mack Reinwand CITYATTORNEY BY:FDocu Signed by: wa" 46070831 B4AA438... Signature Page to Interlocal Cooperative Purchasing Agreement 781 Certificate Of Completion Envelope Id: 5BD7E7DAD572406094FAE3EA80374C89 Subject: Please DocuSign: City Council Contract 7920 Source Envelope: Document Pages: 7 Signatures: 1 Certificate Pages: 5 Initials: 1 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Record Tracking Status: Original 12/29/2021 4:02:39 PM Signer Events Erica Garcia erica.garcia@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) 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) Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Catherine Clifton, Interim City Attorney City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Holder: Erica Garcia erica.garcia@cityofdenton.com Signature Completed Using IP Address: 198.49.140.104 EiDS Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 DocuSigned by: C 8 RA 43 Signature Adoption: Pre -selected Style Using IP Address: 73.115.203.30 DocuSign Status: Sent Envelope Originator: Erica Garcia 901 B Texas Street Denton, TX 76209 erica.garcia@cityofdenton.com IP Address: 198.49.140.104 Location: DocuSign Timestamp Sent: 12/29/2021 4:03:03 PM Viewed: 12/29/2021 4:03:11 PM Signed: 12/29/2021 4:04:00 PM Sent: 12/29/2021 4:04:01 PM Viewed: 12/30/2021 8:05:50 AM Signed: 12/30/2021 8:06:07 AM Sent: 12/30/2021 8:06:08 AM Viewed: 12/30/2021 8:59:45 AM Signed: 12/30/2021 9:01:04 AM Sent: 12/30/2021 9:01:06 AM 782 Signer Events Signature Timestamp Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/28/2021 2:42:27 PM ID: Ob3390f8-09ae-46ee-a62f-d0a63dObd 15c 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� Sent: 12/29/2021 4:04:01 PM cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Gretna Jones* Sent: 12/30/2021 9:01:06 AM gretna.jones@cityofdenton.com i Viewed: 12/30/2021 1:27:53 PM Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@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 12/29/2021 4:03:04 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 783 Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Rosa Rios ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. 784 How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetSca e 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: -Allow per session cookies -Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. 785 Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. 786 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-138, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with CJA Enterprises LLP, as the primary vendor, and Green Dream International LLC, as the secondary vendor, for the supply of construction materials for the City of Denton Streets, Water, Wastewater, and various other departments; providing for the expenditure of funds therefor; and providing an effective date (IFB 7841 - awarded to CJA Enterprises LLP - primary, and Green Dream International LLC - secondary, for one (1) year, with the option for three (3) additional one (1) year extensions, in the total four (4) year not -to -exceed amount of $5,200,000.00). City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legistar' 787 41%1'100�1 DENTON DEPARTMENT: ACM: DATE: SUBJECT City of Denton AGENDA INFORMATION SHEET Procurement & Compliance David Gaines January 25, 2022 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with CJA Enterprises LLP, as the primary vendor, and Green Dream International LLC, as the secondary vendor, for the supply of construction materials for the City of Denton Streets, Water, Wastewater, and various other departments; providing for the expenditure of funds therefor; and providing an effective date (IFB 7841 — awarded to CJA Enterprises LLP — primary, and Green Dream International LLC - secondary, for one (1) year, with the option for three (3) additional one (1) year extensions, in the total four (4) year not -to -exceed amount of $5,200,000.00). INFORMATION/BACKGROUND The proposed contract is for the supply of construction materials for various City departments in the maintenance and reconstruction of streets, sidewalks, drainage structures, utility ditch lines, landscape improvements, and restoration and sanding operations. Beneficial Refuge uses these items to blend recycled organic material and topsoil to create a reusable resource. The Dallas/Fort Worth area continues to experience a major increase in economic growth and highway construction. This has put a strain on the availability of materials and labor causing the unit price to increase for asphalt, concrete, and construction materials. As a result, it is in the best interest of the City to secure a unit cost on an annual basis. Staff is recommending awarding contracts to primary and secondary vendors to assure availability and meet City timelines. Project Description Estimated 4 -Year Expenditure Supply of Construction Materials Year 1 $1,181,638 Supply of Construction Materials Year 2 $1,181,638 Supply of Construction Materials Year 3 $1,181,638 Supply of Construction Materials Year 4 $1,181,638 10% Contingency $473,448 Total: $5,200,000 The primary contractor is expected to respond to the initial contact* from The City within 4 hours during normal business hours. Normal business hours are Monday — Friday 7 am- 4 pm. If no response from the primary contractor is received within 24 hours, the City has the right to call the secondary contractor. The secondary contractor must also respond to initial contact* within 4 hours. Calling upon a secondary 788 contractor does not affect the contract with the primary contractor. If the primary contractor is not able to meet the delivery deadline, the City reserves the right to call the secondary contractor. Calling upon a secondary contractor does not affect the contract with the primary vendor. *Initial Contact: The first phone call placed, or email sent from the City to the contractor. Invitation for Bids was sent to 114 prospective suppliers, including five (5) Denton firms, of this item. In addition, specifications were placed on the Procurement and Compliance website for prospective suppliers to download and advertised in the local newspaper. Three (3) bids meeting specifications were received. Based upon this evaluation, staff recommends awarding to a primary and secondary vendor as follows and also shown on Exhibit 2 for a combined not -to -exceed amount of $5,200,000. NIGP Code Used for Solicitation: 750 - Road and Highway Building Materials of Asphaltic) Notifications sent for Solicitation sent in Ionwave: 114 Number of Suppliers that viewed Solicitation in Ionwave: 13 -Historically Underutilized Business Invitations sent out: 12 —HUB SBE -Small Business Enterprise Invitations sent out: 45 Responses from Solicitation: 3 RECOMMENDATION Award a contract with CJA Enterprises, LLP, and Green Dream International LLC, for the supply of construction materials for the City of Denton Streets, Water, Wastewater, and various other Departments, in a one (1) year, with the option for three (3) additional one (1) year extensions, in the total four (4) year not -to -exceed amount of $5,200,000. SUSTAINABILITY MEASURES Relationship to Sustainability Framework What are some of the goals the department will be setting up to ensure that the sustainability measures are met? Goal 1: Use recycled asphalt pavement (R.A.P.) material where appropriate to maintain the City's transportation system and to help improve air quality. Beneficial Refuge uses to blend of recycled organic material and topsoil to create a reusable resource. Goal 2: Currently recycled asphalt pavement is used in the production of Hot Mix Asphalt. The material is also used to maintain the gravel roads within the City of Denton. This product also provides dust control and is less susceptible to weather. PRINCIPAL PLACE OF BUSINESS CJA Enterprises, LLP Denton, TX Green Dream International LLC Erie, PA 789 ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for three (3) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION These products and services will be funded through the using department's budget 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: Bid Tabulation Exhibit 3: LLC Members Exhibit 4: Ordinance and Contracts Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Daniel Kremer, 940-349-7193. Legal point of contact: Marcella Lunn at 940-349-8333. 790 Exhibit 2 IFB 7841 - Bid Tabulation for the Supply of Construction Material 791 Respondent's Business Name: Principal Place of Business (City and State): CJA Enterprises LLP - Primary Denton, TX Green Dream International LLC - Secondary Erie, PA Jagoe-Public Company Denton, TX Line # Description TQTY I UOM Unit Extended Unit T Extended Unit Extended 1 SECTION A- BULK UTILITY PRODUCTS SUPPLY OF SOIL, SAND, LIME AGGREGATE 2 Top Soil Screened 7,525 Cu. Yd $21.56 $162,239.00 $30.801 $231,770.00 No Bid 2 ALT1 screened top soil (NTSM top soil) same material, different UOM 9,406 Tons $17.25 3 Field Sand - Backfill 1,500 Cu. Yd $12.81 $19,215.00 $23.101 $34,650.00 No Bid 3 ALT1 I field sand backfill (NTNSM field sand) same material, different UOM 1,875 Tons $10.25 4 Screened Sand 16,000 Cu. Yd $12.81 $204,960.00 $25.251 $404,000.00 No Bid 4 ALT1 screened sand (NTSM screende sand) same material, different UOM 20,000 Tons $10.25 5 Pit Sand (Concrete) 1,000 Tons $23.50 $23,500.00 $50.81 $50,810.00 No Bid 6 Manufactured Sand for Concrete Mixture 2,800 Tons $17.45 $48,860.00 $21.40 $59,920.00 No Bid 7 Concrete Aggregate Class A, 1" - #4 Rock (Rewashed & Screened) 1,000 Tons $18.95 $18,950.00 $23.65 $23,650.00 No Bid 8 Concrete Aggregate 3/8" Down Rock 500 Tons $17.95 $8,975.00 $25.30 $12,650.00 No Bid 9 1-3/4" + Down Flexible Base 1,250 Tons $16.70 $20,875.00 $28.89 $36,112.50 No Bid 10 1-1/2" + Down Flexible Base 5,500 Tons $16.45 $90,475.00 $23.01 $126,555.00 No Bid 11 5/8" + Down Flexible Base 5,500 Tons $16.70 $91,850.00 $23.01 $126,555.00 No Bid 12 Type A, Grade 1 Flexible Base 3,000 Tons $16.70 $50,100.00 $23.01 $69,030.00 No Bid 13 Crushed Stone #6-20 (for ice and snow control of city streets) 1,500 Tons $17.45 $26,175.00 $39.47 $59,205.00 $33.001 $49,500.00 14 Limestone Screening 400 Tons $16.95 $6,780.00 $24.75 $9,900.00 $33.001 $13,200.00 15 1 1/2" Rock, Limestone (Washed & Screened) 200 Tons $18.95 $3,790.00 $50.48 $10,096.00 No Bid 16 4" - 7 1/2" Gabion Limestone 100 Tons $24.75 $2,475.00 $35.31 $3,531.00 No Bid 17 3/4" Rock, Limestone Utility Stone (Not Washed) 520 Tons $18.95 $9,854.00 $25.15 $13,078.00 No Bid 18 8-12" Rip Rap Limestone 420 Tons $30.00 $12,600.00 $35.20 $14,784.00 No Bid 19 12-18" Rip Rap Limestone 400 Tons $30.00 $12,000.00 $37.40 $14,960.00 No Bid 20 24" Rip Rap Limestone 100 Tons $45.50 $4,550.00 $39.60 $3,960.00 No Bid 21 30" Rip Rap Limestone 100 Tons $45.50 $4,550.00 $81.82 $8,182.00 No Bid 22 36" Rip Rap Limestone 100 Tons $48.00 $4,800.00 $96.94 $9,694.00 No Bid 23 Pea Gravel (Unwashed) 100 Tons $18.50 $1,850.00 $31.90 $3,190.00 No Bid 24 Pea Gravel (Washed) 1,300 Tons $18.50 $24,050.00 $33.00 $42,900.00 No Bid 25 Select Fill 15,250 Cu. Yd. $12.56 $191,540.00 $22.00 $335,500.00 No Bid 26 R.A.P. (Asphalt Millings) 5,000 Cu. Yd. $22.81 $114,050.00 $39.81 $199,050.00 $29.001 $145,000.00 26 ALT1 asphalt millings (NTNSM asphalt millings) same material, different UOM 6,250 Tons $18.25 27 Decomposed Granite 300 Tons $23.50 $7,050.00 $64.591 $19,377.00 No Bid 28 4-8" Colorado River Rock 80 Tons $165.00 $13,200.00 $346.501 $27,720.00 No Bid 29 3-5" Bull Rock 125 Tons $93.00 $2,325.00 $33.551 $838.75 No Bid Total Price: $1,181,638.00 $1,951,668.25 $207,700.00 791 UCC Business Organizations Trademarks Notary Account Helffees Briefcase Logout BUSINESS ORGANIZATIONS INQUIRY -VIEW ENTITY Filing Number: 803210912 Entity Type: Foreign Limited Liability Company [LLC) Original Date of Filing: January 15, 2019 Entity Status: In existence Formation Date: NIA Tax ID: 32069461773 FEIN: Name: GREEN DREAM INTERNATIONAL LLC Address: 32 W. 8th Street. Suite 607 Erie, PA 16501 USA Fictitious Name: NfA Jurisdiction: AR. USA Foreign Formation June 26, 2009 Date: REGISTEREOAGEtTr�- FILINGHISTORY N MANAGEMENT Last Update Name Title January 15, 2019 Varand Vadan ian M a raging Member Fanuary 15, 2019 Eman Radha Managing Member 792 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CJA ENTERPRISES LLP, AS THE PRIMARY VENDOR, AND GREEN DREAM INTERNATIONAL LLC, AS THE SECONDARY VENDOR, FOR THE SUPPLY OF CONSTRUCTION MATERIALS FOR THE CITY OF DENTON STREETS, WATER, WASTEWATER, AND VARIOUS OTHER DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (IFB 7841 — AWARDED TO CJA ENTERPRISES LLP — PRIMARY, AND GREEN DREAM INTERNATIONAL LLC - SECONDARY, FOR ONE (1) YEAR, WITH THE OPTION FOR THREE (3) ADDITIONAL ONE (1) YEAR EXTENSIONS, IN THE TOTAL FOUR (4) YEAR NOT -TO -EXCEED AMOUNT OF $5,200,000.00). 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 CONTRACTOR 7841 7841 CJA Enterprises LLP Green Dream International LLC 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. 793 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 their designated representative, is hereby authorized to execute a written contract which shall be attached hereto; provided that the written contract is 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. 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 their 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 . This ordinance was passed and approved by the following vote r - 1: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2022. GERARD HUDSPETH, MAYOR 794 ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City of Denton, email=marcella.lunn@cityofdento _cc, — IC Date: 2022.01.04 09:25:03 -06'00' 795 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 I CITY OF DENTON Docusign City Council Transmittal Coversheet IFB 7841 File Name Supply of Construction Material Purchasing Contact Cori Power City Council Target Date Piggy Back Option Yes Contract Expiration Ordinance EDS R 796 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND CJA ENTERPRISES LLP (Contract #7841) THIS CONTRACT is made and entered into this date , by and CJA Enterprises LLP, a Texas Limited Liability Partnership, whose address is 362 Crossroads Rd, Collinsville, TX 76233, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Contractor shall provide products in accordance with the City's IFB #7841 - Supply of Construction Material, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto, or on file, and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit "A"); (b) City of Denton's IFB #7841 (Exhibit "B" on file at the office of the Purchasing Agent); (c) City of Denton Standard Terms and Conditions (Exhibit "C"); (d) Certificate of Interested Parties Electronic Filing (Exhibit "D"); (e) Contractor's Proposal (Exhibit "E"); (f) Form CIQ — Conflict of Interest Questionnaire (Exhibit "F") These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." Prohibition on Contracts with Companies Boycotting Israel Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel, and (2) will not boycott Israel during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. Prohibition on Contracts with Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Contractor Contract 7841 797 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 certifies that Contractor's signature provides written verification to the City that Contractor, pursuant to Chapter 2252, is not ineligible to enter into this agreement and will not become ineligible to receive payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. CONTRACTO DocuSigned by: CITY OF DENTON, TEXAS BY: AUTHORIZ '9T6f A' ET0RE BY: Printed Name: Carla Peacock Title: partner/owner 540-840-1960 PHONE NUMBER astrideapp@msn.com EMAIL ADDRESS 2021-834813 ATTEST: ROSA RIOS, CITY SECRETARY :• APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY TEXAS ETHICS COMMISSION DocuSigned by: 1295 CERTIFICATE NUMBER BY:FaVCt,�atu� 46070831 B4AA438... THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. F DocuSIgne�dAby: ov W), ethan cox PRINTED NAME General Manager of Public works TITLE Public works DEPARTMENT Contract 7841 798 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 Exhibit A Special Terms and Conditions 1. The Ouantities The quantities indicated on Exhibit E are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis. 2. Product Changes During Contract Term The Contractor shall not change specifications during the contract term without prior approval. Any deviation in the specifications or change in the product must be approved in advance by the City of Denton. Notice of a change shall be submitted in writing to purchasing_(a,cityofdenton.com, with the above file number in the subject line, for review. Products found to have changed specifications without notification, and acceptance, will be returned at the contractor's expense. Products that have been installed will be replaced at the contractor's expense. 3. Authorized Distributor The Contractor shall be the manufacturer or authorized distributor of the proposed products. The distributor shall be authorized to sell to the City of Denton, and make available the manufacturer's representative as needed by the City. 4. Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Contractor shall have the option to renew this contract for an additional three (3) one-year periods. The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council. The Contractor's request to not renew the contract must be submitted in writing to the Purchasing Manager at least 60 days prior to the contract renewal date for each year. At the sole option of the City of Denton, the Contract may be further extended as needed, not to exceed a total of six (6) months. 5. Price Escalation and De-escalation On Contractor's request in the form stated herein, the City will implement an escalation/de- escalation price adjustment annually based on these special terms. Any request for price adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, Producer Price Index (PPI) or the manufacturer published pricing list. The maximum escalation will not exceed +/- 8% for any individual year. The escalation will be determined annually at the renewal date. The price will be increased or decreased based upon the annual percentage change in the PPI or the percentage change in the manufacturer's price list. Should the PPI or manufacturer price list change exceed a minimum threshold value of +/-I%, then the stated eligible bid prices shall be adjusted in accordance with the percent change not to exceed the 8% limit per year. The Contractor should provide documentation as percentage of each cost associated with the unit prices quoted for consideration. Contract 7841 799 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 Request must be submitted in writing with supporting evidence for need of such increase to the Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must also provide supporting documentation as justification for the request. If no request is made, then it will be assumed that the current contract price will be in effect. Upon receipt of such request, the City of Denton reserves the right to either: accept the escalation as competitive with the general market price at the time, and become effective upon the renewal date of the contract award or reject the increases within 30 calendar days after receipt of a properly submitted request. If a properly submitted increase is rejected, the Contractor may request cancellation of such items from the Contract by giving the City of Denton written notice. Cancellation will not go into effect for 15 calendar days after a determination has been issued. Pre - price increase prices must be honored on orders dated up to the official date of the City of Denton approval and/or cancellation. The request can be sent by e-mail to: purchasing@cityofdenton.com noting the solicitation number. The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes. 6. Total Contract Amount CJA Enterprises LLP is awarded as the primary contractor for Section A — Bulk Utility Products Supply of Soil, Sand, Lime Aggregate and pricing shall be per Exhibit E attached. The cumulative contract for primary and secondary contractors for contract 7841 shall not exceed $5,200,000. The primary contractor is expected to respond to the initial contact* from The City within 4 hours during normal business hours. Normal business hours are Monday — Friday lam- 4pm. If no response from primary contractor is received within 24 hours, the City has the right to call secondary contractor. Secondary contractor must also respond to initial contact* within 4 hours. Calling upon a secondary contractor does not affect the contract with primary contractor. *Initial Contact: The first phone call placed, or email sent from the City to the contractor. 7. Delivery Lead Time Contractor must provide a twenty-four (24) hour telephone number to receive messages from the City. The City will give a twelve (12) hour notice of intent to receive materials and attempt to give six (6) hour notice of cancellation. Response time** for scheduled supply of construction materials is not to exceed 7 business days after the initial contact for standard requests. After the initial contact response, the supplier has three (3) business day to deliver materials to designated City location. If the Supplier can't meet the delivery schedule, then they must get written approval from the City department requesting the material. If primary contractor is not able to meet delivery deadline, the City reserves the right to call secondary contractor. Calling upon a secondary contractor does not affect the contract with the primary vendor. Contract 7841 800 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 "Response time: Time elapsed between initial contact from the City and the time contractor must be on-site working. 8. Performance Liquidated Damages The Contractor shall incur contractual payment losses, as initiated by the City for performance that falls short of specified performance standards as outlined below: • Delivery beyond contracted lead times • Performance below contracted levels (services only) The Contractor shall be assessed a one (1%) percent fee each month when any one of the performance standards outlined above are not met in full. The Contractor shall be assessed a two (2%) percent profit fee each month when any two (2) or more performance standards outlined above are not met in full. At the end of each month, the City will review the monthly reports and determine the percentage of penalty to be assessed to the Contractor's monthly profit margin. 9. Supplemental Terms and Conditions Authorized personnel shall have access to any Contractor's place of business for the purpose of inspecting merchandise. Tests shall be performed on samples taken from regular shipments. If products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample and the cost of the testing shall be borne by the Contractor. Payment will be made within 30 days after (1) applicable tests have been completed and materials are found to meet specifications or (2) the day on which the invoice for the materials was received. All items must be F.O.B. delivered to the City of Denton Service Center or job site as directed at the time of the order, unless the City opts to pick up the materials. A purchase order number should be referenced on all packing/delivery slips, shipping tickets, invoices, etc. Invoices and statements should be directed to: CITY OF DENTON ACCOUNTS PAYABLE 215 E. McKinney St. Denton, Texas 76201 Contract 7841 801 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 Exhibit C City of Denton Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton's contract are applicable to contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms and Conditions contained in the seller's proposal response, invoice or statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the contract/purchase order these written provisions will take precedence. The Contractor agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed principally at the City's premises or on public rights-of-way. 1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor's Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Contractor's name and address, (b) the City's name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. Contract 7841 802 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Contractor's price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non -conforming deliverables. If the City has the right to inspect the Contractor's, or the Contractor's Subcontractor's, facilities, or the deliverables at the Contractor's, or the Contractor's Subcontractor's, premises, the Contractor shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non -complying tender shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of the City's service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Contractor's obligations under the contract. The Contractor hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. The contractor shall, at all times, exercise reasonable precautions for the safety of their employees, City Staff, participants and others on or near the City's facilities. 10. WORKFORCE A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property . i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. Contract 7841 803 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA) enacted on September 30, 1996. 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor, it's Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph. Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. § 1251 et seq.). 12. INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department's Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor's name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor's registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor's invoice. C. Invoices for labor shall include a copy of all time -sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work -hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. Contract 7841 804 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of: i. delivery of defective or non -conforming deliverables by the Contractor; ii. third party claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City's agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the Contractor's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or damages for the anticipated delay; vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the term of this contract, the contractor shall bill and the City shall reimburse contractor for all reasonable and approved out of pocket expenses which are incurred in the connection with the performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by Contract 7841 805 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise negotiated. 15. FINAL PAYMENT AND CLOSE-OUT: A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor is required to submit a Contract Close -Out MBE/WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor's continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1 % or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18. SUBCONTRACTORS: A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor shall comply with all requirements approved by the City. The Contractor shall not initially employ any Subcontractor except as provided in the Contractor's Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in Contract 7841 806 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY -PRICE: A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. 20. WARRANTY — TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. Contract 7841 807 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 21. WARRANTY — DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non -conforming deliverables, or replace the non -conforming deliverables with fully conforming deliverables, at the City's option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City's rights under this section. D. If the Contractor is unable or unwilling to repair or replace defective or non -conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Contractor, and purchase conforming deliverables from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty, the Contractor shall transfer and assign such manufacturer's warranty to the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturer's warranty for the benefit of the City. 22. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City's rights under this section. C. If the Contractor is unable or unwilling to perform its services in accordance with the above Contract 7841 808 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. 23. ACCEPTANCE OF INCOMPLETE OR NON -CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City's evaluation of and determination to accept such defective or non -conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non -conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor. 24. RIGHT TO ASSURANCE: Whenever one parry to the Contract in good faith has reason to question the other party's intent to perform, demand may be made to the other parry for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor's Offer, or in any report or deliverable required to be submitted by the Contractor to the City. 27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Contractor's default, including, without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post- judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City's vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. Contract 7841 809 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 30. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor's subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non- conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, Contract 7841 810 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 32. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Appendix A for services only. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements: i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Contractor shall provide Certificates of Insurance with the coverage's and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor's and all subcontractors' insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers' compensation coverage written by the Texas Workers' Compensation Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. Contract 7841 811 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor. xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage's indicated within the Contract. xiv. The insurance coverage's specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse effect on the Contractor's ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof, and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor's Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. Contract 7841 812 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere in the world of the rights associated with the City's' ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third parry; or (ii) the Contractor's breach of any of Contractor's representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co -counsel on the City's behalf. Further, Contractor agrees that the City's specifications regarding the deliverables shall in no way diminish Contractor's warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain of the City's and/or its licensors' confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, "Confidential Information"). Contractor acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees Contract 7841 813 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor agrees that upon their creation, such deliverables shall be considered as work made -for -hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made -for -hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made - for -hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work - made -for -hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Contractor's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, Contract 7841 814 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as defined in the City's Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of Interest Questionnaire. 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Contractor's services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The contractor is expressly free to advertise and perform services for other parties while performing services for the City. 45. ASSIGNMENT -DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. The Vendor shall notify the City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed Contract 7841 815 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Contractor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each parry within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Contractor will share the mediator's fees equally and the parties will bear their own costs of Contract 7841 816 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. 51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City: New Year's Day (observed) Martin Luther King, Jr. Day Memorial Day Juneteenth Independence Day Labor Day Veterans Day Thanksgiving Friday After Thanksgiving Christmas Eve (observed) Christmas Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. NON -SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub -awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, Contract 7841 817 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non -Procurement Programs, the State of Texas, or the City of Denton. 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 56. BUY AMERICAN ACT -SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable. A. Definitions. As used in this paragraph — i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means - (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. IOa - IOd) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Contract 7841 818 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 Certificate". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent. 59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis -Bacon Wage Determination at http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas (WD -2509). 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on- site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W -2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Workers' Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug -Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U. S.C. 701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government -wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug -Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. Contract 7841 819 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance. 65. NON -WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. 67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1. Final negotiated contract 2. RFP/Bid documents 3. City's standard terms and conditions 4. Purchase order 5. Contractor terms and conditions Contract 7841 820 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 Exhibit D Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at: https://www.ethics.state.tx.us/whatsnew/elf info_forml295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing�b,cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 — Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven business days. Contract 7841 821 DocuSign Envelope ID: 356BE01E-8470-4322-9987-051A5D2COC90 Exhibit E Line # Description QTY UOM Unit 1 2 2a SECTION A- BULK UTILITY PRODUCTS SUPPLY OF SOIL, SAND, LIME AGGREGATE Top Soil Screened Top Soil Screened (Per Ton UOM Price) 7525 9406.25 Cu. Yd tons $21.56 $17.25 3 3a Field Sand - Backfill Field Sand - Backfill (Per Ton UOM Price) 1500 1875 Cu. Yd tons $12.81 $10.25 4 4a Screened Sand Screened Sand (Per Ton UOM Price) 16000 20000 Cu. Yd tons $12.81 $10.25 5 Pit Sand (Concrete) 1000 Tons $23.50 6 Manufactured Sand for Concrete Mixture 2800 Tons $17.45 7 Concrete Aggregate Class A, 1" - #4 Rock (Rewashed & Screened) 1000 Tons $18.95 8 Concrete Aggregate 3/8" Down Rock 500 Tons $17.95 9 1-3/4" + Down Flexible Base 1250 Tons $16.70 10 1-1/2" + Down Flexible Base 5500 Tons $16.45 11 5/8" + Down Flexible Base 5500 Tons $16.70 12 Type A, Grade 1 Flexible Base 3000 Tons $16.70 13 Crushed Stone #6-20 (for ice and snow control of city streets) 1500 Tons $17.45 14 Limestone Screening 400 Tons $16.95 15 11/2" Rock, Limestone (Washed & Screened) 200 Tons $18.95 16 4" - 7 1/2" Gabion Limestone 100 Tons $24.75 17 3/4" Rock, Limestone Utility Stone (Not Washed) 520 Tons $18.95 18 8-12" Rip Rap Limestone 420 Tons $30.00 19 12-18" Rip Rap Limestone 400 Tons $30.00 20 24" Rip Rap Limestone 100 Tons $45.50 21 30" Rip Rap Limestone 100 Tons $45.50 22 36" Rip Rap Limestone 100 Tons $48.00 23 Pea Gravel (Unwashed) 100 Tons $18.50 24 Pea Gravel (Washed) 1300 Tons $18.50 25 Select Fill 15250 Cu. Yd. $12.56 26 26a R.A.P. (Asphalt Millings) R.A.P. (Asphalt Millings) (Per Ton UOM Price) 5000 6250 Cu. Yd. tons $22.81 $18.25 27 Decomposed Granite 300 Tons $23.50 28 4-8" Colorado River Rock 80 Tons $165.00 28a There will be a fuel surcharge per load if no load available going north to pick up the rock Per Load $400.00 29 3-5" Bull Rock 25 Tons $93.00 822 DocuSign Envelope ID: 356BE01E-8470-4322-9987-05lA5D2COC90 Exhibit CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. CJA Enterprises LLP 2 El Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 1 Name of local government officer about whom the information in this section is being disclosed. none known Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? = Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes = No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? = Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. none known 4 ❑x I have no Conflict of Interest to disclose. 5 DocuSigned by: 1/2/2022 Sig it& 4@I Mng business with the governmental entity Date 823 Certificate Of Completion Envelope Id: 356BE01E847043229987051A5D2COC90 Subject: Please DocuSign: City Council Contract 7841 - Supply of Construction Material - CJA Primary Source Envelope: Document Pages: 28 Signatures: 4 Certificate Pages: 6 Initials: 1 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Record Tracking Status: Original 12/27/2021 4:02:30 PM Signer Events Cori Power cori.power@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) 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) Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Catherine Clifton, Interim City Attorney City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carla Peacock astrideapp@msn.com partner/owner Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 11/30/2017 11:48:59 AM ID:e044db7l-9894-4519-8dcb-dl247604fedb Holder: Cori Power cori.power@cityofdenton.com Signature Completed Using IP Address: 198.49.140.104 EiDS Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 DocuSigned by: C 8 RA 43 Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 EDocuSigned�byP:�,, 2(py�, , ses4is Signature Adoption: Drawn on Device Using IP Address: 67.44.192.87 DocuSign Status: Sent Envelope Originator: Cori Power 901 B Texas Street Denton, TX 76209 cori.power@cityofdenton.com IP Address: 198.49.140.104 Location: DocuSign Timestamp Sent: 12/27/2021 4:10:44 PM Viewed: 12/27/2021 4:10:52 PM Signed: 12/28/2021 5:01:07 PM Sent: 12/28/2021 5:01:09 PM Viewed: 12/29/2021 8:03:46 AM Signed: 12/29/2021 8:04:22 AM Sent: 12/29/2021 8:04:25 AM Viewed: 12/29/2021 9:14:06 AM Signed: 12/29/2021 9:17:39 AM Sent: 12/29/2021 9:17:41 AM Viewed: 12/30/2021 5:16:30 PM Signed: 1/2/2022 7:42:46 PM 824 Signer Events ethan cox ethan.cox@cityofdenton.com General Manager of Public Works Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 8/7/2018 4:24:18 PM ID: fee bacc3-1 51 e-47 b b-af6d-be8889ffcb35 Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/28/2021 2:42:27 PM ID: Ob3390f8-09ae-46ee-a62f-d0a63dObd 15c In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature ED o..siq"ea ny: naanns's Signature Adoption: Pre -selected Style Using IP Address: 47.187.93.66 Signature Status Status Status Status Status PIED Timestamp Sent: 1/2/2022 7:42:49 PM Viewed: 1/3/2022 8:17:22 AM Signed: 1/3/2022 8:17:39 AM ►YTiiiilKif��lY��:7i�/C�iI1�� Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 12/28/2021 5:01:09 PM 825 Carbon Copy Events Status Timestamp Gretna Jones Sent: 1/3/2022 8:17:41 AM gretna.jones@cityofdenton.com ED Viewed: 1/3/2022 9:01:52 AM Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Daniel Kremer Daniel. Kremer@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/23/2021 1:11:35 PM ID:4bb60410-152d-4917-b877-ed2e9278d939 Tina Ek Tina.Ek@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/28/2021 9:50:26 AM ID:22aa04d4-609f-4713-92e2-ce867aefaaaa Cheyenne Defee cheyenne.defee@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 12/27/2021 4:10:44 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 826 Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Carla Peacock, ethan cox, Rosa Rios, Daniel Kremer, Tina Ek ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. 827 How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetSca e 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: -Allow per session cookies -Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. 828 Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. 829 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 I CITY OF DENTON Docusign City Council Transmittal Coversheet IFB 7841 File Name supply of construction Material Purchasing Contact Cori Power City Council Target Date Piggy Back Option Yes Contract Expiration Ordinance EbDS R 830 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND GREEN DREAM INTERNATIONAL LLC (Contract #7841) THIS CONTRACT is made and entered into this date , by and Green Dream International LLC, an Arkansas Limited Liability Company, whose address is 32 W. 8th Street, Suite 607, Erie, PA 16501, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Contractor shall provide products in accordance with the City's IFB #7841 - Supply of Construction Material, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto, or on file, and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit "A"); (b) City of Denton's IFB #7841 (Exhibit `B" on file at the office of the Purchasing Agent); (c) City of Denton Standard Terms and Conditions (Exhibit "C"'); (d) Certificate of Interested Parties Electronic Filing (Exhibit "D"); (e) Contractor's Proposal (Exhibit "E"); (f) Form CIQ — Conflict of Interest Questionnaire (Exhibit "F") These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." Prohibition on Contracts with Companies Boycotting Israel Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel, and (2) will not boycott Israel during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. Prohibition on Contracts with Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Contractor Contract 7841 831 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 certifies that Contractor's signature provides written verification to the City that Contractor, pursuant to Chapter 2252, is not ineligible to enter into this agreement and will not become ineligible to receive payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. f CONTRACTOR A CITY OF DENTON, TEXAS BY: (2 AUTHORIZED SIGN TUBE BY: Printed Name: Varand Vartanian Title: President ATTEST: ROSA RIOS, CITY SECRETARY 814-840-1880 PHONE NUMBER BY: info@gdicompany.com EMAIL ADDRESS APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY 2021-834713 TEXAS ETHICS COMMISSION DocuSigned by: 1295 CERTIFICATE NUMBER BY: �taVU,�a 4B070831 B4AA438... THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. DocuSigned by: w, ethan cox �,t1' 99V FURE PRINTED NAME General Manager of Public works 11111110! Public works DEPARTMENT Contract 7841 832 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 Exhibit A Special Terms and Conditions 1. The Quantities The quantities indicated on Exhibit E are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis. 2. Product Chan1jes Durinll Contract Term The Contractor shall not change specifications during the contract term without prior approval. Any deviation in the specifications or change in the product must be approved in advance by the City of Denton. Notice of a change shall be submitted in writing to purchasing,(cr�,cityofdenton.com, with the above file number in the subject line, for review. Products found to have changed specifications without notification, and acceptance, will be returned at the contractor's expense. Products that have been installed will be replaced at the contractor's expense. 3. Authorized Distributor The Contractor shall be the manufacturer or authorized distributor of the proposed products. The distributor shall be authorized to sell to the City of Denton, and make available the manufacturer's representative as needed by the City. 4. Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Contractor shall have the option to renew this contract for an additional three (3) one-year periods. The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council. The Contractor's request to not renew the contract must be submitted in writing to the Purchasing Manager at least 60 days prior to the contract renewal date for each year. At the sole option of the City of Denton, the Contract may be further extended as needed, not to exceed a total of six (6) months. 5. Price Escalation and De-escalation On Contractor's request in the form stated herein, the City will implement an escalation/de- escalation price adjustment annually based on these special terms. Any request for price adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, Producer Price Index (PPI) or the manufacturer published pricing list. The maximum escalation will not exceed +/- 8% for any individual year. The escalation will be determined annually at the renewal date. The price will be increased or decreased based upon the annual percentage change in the PPI or the percentage change in the manufacturer's price list. Should the PPI or manufacturer price list change exceed a minimum threshold value of +/-1%, then the stated eligible bid prices shall be adjusted in accordance with the percent change not to exceed the 8% limit per year. The Contractor should provide documentation as percentage of each cost associated with the unit prices quoted for consideration. Contract 7841 833 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 Request must be submitted in writing with supporting evidence for need of such increase to the Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must also provide supporting documentation as justification for the request. If no request is made, then it will be assumed that the current contract price will be in effect. Upon receipt of such request, the City of Denton reserves the right to either: accept the escalation as competitive with the general market price at the time, and become effective upon the renewal date of the contract award or reject the increases within 30 calendar days after receipt of a properly submitted request. If a properly submitted increase is rejected, the Contractor may request cancellation of such items from the Contract by giving the City of Denton written notice. Cancellation will not go into effect for 15 calendar days after a determination has been issued. Pre - price increase prices must be honored on orders dated up to the official date of the City of Denton approval and/or cancellation. The request can be sent by e-mail to: purchasing@cityofdenton.com noting the solicitation number. The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes. 6. Total Contract Amount Green Dream International LLC is awarded as the secondary contractor for Section A — Bulk Utility Products Supply of Soil, Sand, Lime Aggregate and pricing shall be per Exhibit E attached. The secondary contractor serves in a backup capacity only and calling upon the secondary contractor does not affect the contract of any other awarded vendor. The cumulative contract for primary and secondary contractors for contract 7841 shall not exceed $5,200,000. The secondary contractor will be contacted if the primary contractor fails to respond as requested. Secondary contractor must respond to initial contact* within 4 hours during normal business hours. Normal business hours are Monday — Friday lam- 4pm. Calling upon a secondary contractor does not affect the contract with primary contractor. *Initial Contact: The first phone call placed, or email sent from the City to the contractor. 7. Delivery Lead Time Contractor must provide a twenty-four (24) hour telephone number to receive messages from the City. The City will give a twelve (12) hour notice of intent to receive materials and attempt to give six (6) hour notice of cancellation. Response time** for scheduled supply of construction materials is not to exceed 7 business days after the initial contact for standard requests. After the initial contact response, the Contractor has three (3) business day to deliver materials to designated City location. If the Contractor can't meet the delivery schedule, then they must get written approval from the City department requesting the material. If primary contractor is not able to meet delivery deadline, the City reserves the right to call secondary contractor. Calling upon a secondary contractor does not affect the contract with the Contract 7841 834 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 primary vendor. "Response time: Time elapsed between initial contactfrom the City and the time contractor must be on-site working. 8. Performance Liquidated Damages The Contractor shall incur contractual payment losses, as initiated by the City for performance that falls short of specified performance standards as outlined below: Delivery beyond contracted lead times Performance below contracted levels (services only) The Contractor shall be assessed a one (1%) percent fee each month when any one of the performance standards outlined above are not met in full. The Contractor shall be assessed a two (2%) percent profit fee each month when any two (2) or more performance standards outlined above are not met in full. At the end of each month, the City will review the monthly reports and determine the percentage of penalty to be assessed to the Contractor's monthly profit margin. 9. Supplemental Terms and Conditions Authorized personnel shall have access to any contractor's place of business for the purpose of inspecting merchandise. Tests shall be performed on samples taken from regular shipments. If products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample and the cost of the testing shall be borne by the Contractor. Payment will be made within 30 days after (1) applicable tests have been completed and materials are found to meet specifications or (2) the day on which the invoice for the materials was received. All items must be F.O.B. delivered to the City of Denton Service Center or job site as directed at the time of the order, unless the City opts to pick up the materials. A purchase order number should be referenced on all packing/delivery slips, shipping tickets, invoices, etc. Invoices and statements should be directed to: CITY OF DENTON ACCOUNTS PAYABLE 215 E. McKinney St. Denton, Texas 76201 Contract 7841 835 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 Exhibit C City of Denton Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton's contract are applicable to contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms and Conditions contained in the seller's proposal response, invoice or statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the contract/purchase order these written provisions will take precedence. The Contractor agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed principally at the City's premises or on public rights-of-way. 1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor's Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Contractor's name and address, (b) the City's name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. Contract 7841 836 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Contractor's price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non -conforming deliverables. If the City has the right to inspect the Contractor's, or the Contractor's Subcontractor's, facilities, or the deliverables at the Contractor's, or the Contractor's Subcontractor's, premises, the Contractor shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non -complying tender shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of the City's service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Contractor's obligations under the contract. The Contractor hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. The contractor shall, at all times, exercise reasonable precautions for the safety of their employees, City Staff, participants and others on or near the City's facilities. 10. WORKFORCE A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property . i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. Contract 7841 837 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA) enacted on September 30, 1996. 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor, it's Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph. Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. § 1251 et seq.). 12. INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department's Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor's name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor's registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor's invoice. C. Invoices for labor shall include a copy of all time -sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work -hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. Contract 7841 838 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of: i. delivery of defective or non -conforming deliverables by the Contractor; ii. third parry claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City's agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the Contractor's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or damages for the anticipated delay; vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the term of this contract, the contractor shall bill and the City shall reimburse contractor for all reasonable and approved out of pocket expenses which are incurred in the connection with the performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by Contract 7841 839 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise negotiated. 15. FINAL PAYMENT AND CLOSE-OUT: A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor is required to submit a Contract Close -Out MBE/WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor's continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1 % or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18. SUBCONTRACTORS: A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor shall comply with all requirements approved by the City. The Contractor shall not initially employ any Subcontractor except as provided in the Contractor's Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in Contract 7841 840 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY -PRICE: A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. 20. WARRANTY — TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. Contract 7841 841 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 21. WARRANTY — DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non -conforming deliverables, or replace the non -conforming deliverables with fully conforming deliverables, at the City's option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City's rights under this section. D. If the Contractor is unable or unwilling to repair or replace defective or non -conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Contractor, and purchase conforming deliverables from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty, the Contractor shall transfer and assign such manufacturer's warranty to the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturer's warranty for the benefit of the City. 22. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City's rights under this section. C. If the Contractor is unable or unwilling to perform its services in accordance with the above Contract 7841 842 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. 23. ACCEPTANCE OF INCOMPLETE OR NON -CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City's evaluation of and determination to accept such defective or non -conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non -conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor. 24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party's intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor's Offer, or in any report or deliverable required to be submitted by the Contractor to the City. 27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Contractor's default, including, without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post- judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City's vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. Contract 7841 843 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 30. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Parry. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor's subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non- conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, Contract 7841 844 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 32. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Appendix A for services only. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements: i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Contractor shall provide Certificates of Insurance with the coverage's and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor's and all subcontractors' insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers' compensation coverage written by the Texas Workers' Compensation Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. Contract 7841 845 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor. xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage's indicated within the Contract. xiv. The insurance coverage's specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse effect on the Contractor's ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor's Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. Contract 7841 846 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third parry; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere in the world of the rights associated with the City's' ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor's breach of any of Contractor's representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co -counsel on the City's behalf. Further, Contractor agrees that the City's specifications regarding the deliverables shall in no way diminish Contractor's warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain of the City's and/or its licensors' confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, "Confidential Information"). Contractor acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees Contract 7841 847 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor agrees that upon their creation, such deliverables shall be considered as work made -for -hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made -for -hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made - for -hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work - made -for -hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Contractor's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, Contract 7841 848 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as defined in the City's Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of Interest Questionnaire. 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Contractor's services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The contractor is expressly free to advertise and perform services for other parties while performing services for the City. 45. ASSIGNMENT -DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a parry hereto; it being the intention of the parties that there are no third parry beneficiaries to the Contract. The Vendor shall notify the City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed Contract 7841 849 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved parry. No waiver by either the Contractor or the City of any one or more events of default by the other parry shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one parry or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either parry may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each parry shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Contractor will share the mediator's fees equally and the parties will bear their own costs of Contract 7841 850 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. 51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City: New Year's Day (observed) Martin Luther King, Jr. Day Memorial Day Juneteenth Independence Day Labor Day Veterans Day Thanksgiving Friday After Thanksgiving Christmas Eve (observed) Christmas Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. NON -SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub -awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, Contract 7841 851 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non -Procurement Programs, the State of Texas, or the City of Denton. 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 56. BUY AMERICAN ACT -SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable. A. Definitions. As used in this paragraph — i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means - (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Contract 7841 852 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 Certificate". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent. 59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis -Bacon Wage Determination at http://www.dol.j4ov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas (WD -2509). 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on- site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W -2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Workers' Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug -Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government -wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug -Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. Contract 7841 853 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance. 65. NON -WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. 67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1. Final negotiated contract 2. RFP/Bid documents 3. City's standard terms and conditions 4. Purchase order 5. Contractor terms and conditions Contract 7841 854 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 Exhibit D Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at: https://www.ethics.state.tx.us/whatsnew/elf info_form1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing(cr�,cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 — Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven business days. Contract 7841 855 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 Exhibit E Line # Description QTY UOM Unit Price 1 2 SECTION A- BULK UTILITY PRODUCTS SUPPLY OF SOIL, SAND, LIME AGGREGATE Top Soil Screened 7525 Cu. Yd $30.80 3 Field Sand - Backfill 1500 Cu. Yd $23.10 4 Screened Sand 16000 Cu. Yd $25.25 5 Pit Sand (Concrete) 1000 Tons $50.81 6 Manufactured Sand for Concrete Mixture 2800 Tons $21.40 7 Concrete Aggregate Class A, 1" - #4 Rock (Rewashed & Screened) 1000 Tons $23.65 8 Concrete Aggregate 3/8" Down Rock 500 Tons $25.30 9 1-3/4" + Down Flexible Base 1250 Tons $28.89 10 1-1/2" + Down Flexible Base 5500 Tons $23.01 11 5/8" + Down Flexible Base 5500 Tons $23.01 12 Type A, Grade 1 Flexible Base 3000 Tons $23.01 13 Crushed Stone #6-20 (for ice and snow control of city streets) 1500 Tons $39.47 14 Limestone Screening 400 Tons $24.75 15 11/2" Rock, Limestone (Washed & Screened) 200 Tons $50.48 16 4" - 7 1/2" Gabion Limestone 100 Tons $35.31 17 3/4" Rock, Limestone Utility Stone (Not Washed) 520 Tons $25.15 18 8-12" Rip Rap Limestone 420 Tons $35.20 19 12-18" Rip Rap Limestone 400 Tons $37.40 20 24" Rip Rap Limestone 100 Tons $39.60 21 30" Rip Rap Limestone 100 Tons $81.82 22 36" Rip Rap Limestone 100 Tons $96.94 23 Pea Gravel (Unwashed) 100 Tons $31.90 24 Pea Gravel (Washed) 1300 Tons $33.00 25 Select Fill 15250 Cu. Yd. $22.00 26 R.A.P. (Asphalt Millings) 5000 Cu. Yd. $39.81 27 Decomposed Granite 300 Tons $64.59 28 4-8" Colorado River Rock 80 Tons $346.50 29 3-5" Bull Rock 25 Tons $33.55 856 DocuSign Envelope ID: 3CC6DA7F-5AOE-43BD-A7B9-4B922249E6D6 Exhibit CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. Green Dream, International LLC 2 El Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 71h business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate. 3 1 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes MNo B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes IV I No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes Fv� No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have Conflict Interest to disclose. no of 5 Dec 29,2021 Signature of vendor doing busin s e governmental entity Date 857 DocuSign Certificate Of Completion Envelope Id: 3CC6DA7F5AOE43BDA7B94B922249E6D6 Status: Sent Subject: Please DocuSign: City Council Contract 7841 - Supply of Construction Material- Green Dream Secondary Source Envelope: Document Pages: 28 Signatures: 1 Envelope Originator: Certificate Pages: 6 Initials: 0 Cori Power AutoNav: Enabled 901 B Texas Street Envelopeld Stamping: Enabled Denton, TX 76209 Time Zone: (UTC -06:00) Central Time (US & Canada) cori.power@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original Holder: Cori Power Location: DocuSign 12/29/2021 3:35:25 PM cori.power@cityofdenton.com Signer Events Signature Timestamp ethan cox IIII s9 'b,: u.a'n. co,Viewed: ED Sent: 12/29/2021 3:46:56 PM ethan.cox@cityofdenton.com 12/30/2021 11:56:04 AM9General Mana er of Public Works 9 A83AA619E7314D7... Signed: 12/30/2021 11:56:24 AM Security Level: Email, Account Authentication (None) Signature Adoption: Pre -selected Style Using IP Address: 47.187.93.66 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 8/7/2018 4:24:18 PM ID: fee bacc3-1 51 e-47 b b-af6d-be8889ffcb35 Cheyenne Defee Sent: 12/30/2021 11:56:36 AM cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/28/2021 2:42:27 PM ID: Ob3390f8-09ae-46ee-a62f-d0a63dObd 15c In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp 858 Certified Delivery Events Status Carbon Copy Events Status Cori Power cori.power@cityofdenton.com PI E D Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Cheyenne Defee PI E D cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell PI E D lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn COPIED marcella.lunn@cityofdenton.com Catherine Clifton, Interim City Attorney City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Gretna Jones PI E D gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Daniel Kremer Daniel. Kremer@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/23/2021 1:11:35 PM ID:4bb60410-152d-4917-b877-ed2e9278d939 Timestamp Timestamp Sent: 12/29/2021 3:46:54 PM Sent: 12/29/2021 3:46:54 PM Sent: 12/29/2021 3:46:55 PM Sent: 12/29/2021 3:46:55 PM Viewed: 12/29/2021 3:57:29 PM Sent: 12/30/2021 11:56:34 AM Viewed: 1/3/2022 9:03:00 AM 859 Carbon Copy Events Status Timestamp Tina Ek Tina.Ek@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/28/2021 9:50:26 AM ID:22aa04d4-609f-4713-92e2-ce867aefaaaa Cheyenne Defee cheyenne.defee@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Pierre Giroux p.giroux@gdicompany.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 12/29/2021 3:46:54 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 860 Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: ethan cox, Rosa Rios, Daniel Kremer, Tina Ek ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. 861 How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetSca e 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: -Allow per session cookies -Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. 862 Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. 863 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-139, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Texas Woman's University for annual physical assessments for City of Denton firefighters; providing for the expenditure of funds therefor; and providing an effective date (RFP 7848 - awarded to Texas Woman's University, for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $323,400.00). City of Denton Page 1 of 1 Printed on 1/21/2022 powered by LegistarT" 864 1%,1001110, DENTON DEPARTMENT: ACM: DATE: SUBJECT City of Denton AGENDA INFORMATION SHEET Procurement & Compliance David Gaines January 25, 2022 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Texas Woman's University for annual physical assessments for City of Denton firefighters; providing for the expenditure of funds therefor; and providing an effective date (RFP 7848 — awarded to Texas Woman's University, for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $323,400.00). INFORMATION/BACKGROUND The proposed contract is for annual physical assessments of the civil service employees within the Fire Department. The agreement will establish a long-term fixed price for services and allow the Fire Department to continue providing the annual physicals required by the City's Meet and Confer contract, standard operating procedures (SOP), and specialized certifications. Under the 2006 Federal Emergency Management Agency's Assistance to Firefighters Grant program, the Department was awarded funding to establish a health and wellness program. As part of the 2015 Meet and Confer contract, the City agreed to provide annual physicals to civil service personnel. Additionally, an SOP was implemented establishing a health and wellness performance standard that requires the completion of annual physicals. The proposed agreement contains a list of specific medical tests and services to be provided by Texas Woman's University located at their facility. This includes but is not limited to, a physical examination, Body Mass Index, Body Composition, Bone Density Scan by DXA, Muscle Fitness Testing (Flexibility, Muscle Strength, Core Endurance), Cardiac Stress Test (V02 Max, Aerobic Endurance), Vision Exam, Hearing Exam, and Respiratory Function Testing. Projected Spend Categories Yearl Year 2 Year 3 Year 4 Year 5 Total Physicals (based on#of firefi hters $58,800 $58,800 $58,800 $58,800 $58,800 $294,000 Contingency $5,880 $5,880 $5,880 $5,880 $5,880 $29,400 Total: $64,680 $64,680 $64,680 $64,680 $64,680 $323,400 865 Request for Proposals was sent to 80 prospective suppliers, including nine (9) Denton firms. In addition, specifications were placed on the Procurement and Compliance website for prospective suppliers to download and advertised in the local newspaper. Three (3) proposals were received, references were checked, and proposals were evaluated based upon published criteria including compliance with specifications, probable performance, and price. Best and Final Offers (BAFO) were requested from all firms. Based upon this evaluation, Texas Woman's University was ranked the highest and determined to be the best value for the City. NIGP Code Used for Solicitation: 948 - (Service Only) - Health Related Services (For Human Services See Class 952 Notifications sent for Solicitation sent in IonWave: 80 Number of Suppliers that viewed Solicitation in IonWave: 9 HUB -Historically Underutilized Business Invitations sent out: 7 SBE -Small Business Enterprise Invitations sent out: 37 Responses from Solicitation: 3 RECOMMENDATION Award a contract with Texas Woman's University, for annual physicals assessments for City of Denton firefighters, in a one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $323,400. PRINCIPAL PLACE OF BUSINESS Texas Woman's University Denton, TX ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for four (4) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION These services will be funded from Fire Department Operating Funds. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Pricing Evaluation Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7148 Purchasing Manager For information concerning this acquisition, contact: Lindsey Garrison, 940-349-8844. Legal point of contact: Marcella Lunn at 940-349-8333. 866 Exhibit 2 RFP 7848 - Pricing Evaluation for Fire Annual Physicals Evaluation Respondent's Business Name: Principal Place of Business (City and State): Texas Woman's University Texas Health Huguley Assessment Center Industrial Health Screening Solutions (I1 -12S) Denton, TX Burleson, TX Rowlett, TX Line # Description Unit Unit Unit 1 ANNUAL PHYSICAL SERVICES 14.00 3 Price, Total Cost of Ownership - 40% 2 Body Mass Index, Body Composition $70.00 $15.00 $15.00 3 Muscle Fitness Testing (Flexibility, Muscle Strength, Core Endurance) $20.00 $20.00 $50.00 4 Cardiac Stress Test $50.00 $100.00 $130.00 5 Vision Exam $25.00 $15.00 $10.00 6 Hearing Exam $50.00 $15.00 $25.00 7 Respiratory Function Test $20.00 $25.00 $30.00 8 Detailed Medical History $15.00 $5.00 $20.00 9 Hands -On Physical Exam $15.00 $65.00 $65.00 10 Vital Signs $15.00 $10.00 $20.00 11 Basic Skin Cancer Screening $10.00 $15.00 $0.00 12 Consultation with Review of Results $10.00 $15.00 $0.00 Total: $300.00 $300.00 $365.00 Evaluation Item # Scoring Criteria Texas Woman's University Texas Health Huguley Assessment Center Industrial Health Screening Solutions (IH2S) 1 Compliance with Specifications - 30% 28.00 20.00 12.00 2 Probable Performance - 30% 28.00 16.00 14.00 3 Price, Total Cost of Ownership - 40% 40.00 40.00 32.88 Total Score: 96.00 76.00 58.88 E.1%. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TEXAS WOMAN'S UNIVERSITY FOR ANNUAL PHYSICAL ASSESSMENTS FOR CITY OF DENTON FIREFIGHTERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 7848 — AWARDED TO TEXAS WOMAN'S UNIVERSITY, FOR ONE (1) YEAR, WITH THE OPTION FOR FOUR (4) ADDITIONAL ONE (1) YEAR EXTENSIONS, IN THE TOTAL FIVE (5) YEAR NOT -TO -EXCEED AMOUNT OF $323,400.00). WHEREAS, the City has solicited, received, and evaluated competitive proposals for annual physical assessments for City of Denton firefighters; and WHEREAS, the City Manager, or a designated employee, has received, reviewed, and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, equipment, supplies, or services shown in the "Request Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 7848 Texas Woman's University $323,400.00 SECTION 2. That by the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, specifications, standards, quantities, and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. That should the City and person submitting approved and accepted items wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager, or their 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, 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 their 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 . This ordinance was passed and approved by the following vote r - ]: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY 869 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City of Denton, BY:email=marcella.lunn@cityofden �9p.GOm,.c—i is Date: 2022.01.05 10:58:17 -06'00' 870 DocuSign Envelope ID: D157FCD5-COCF-403A-844A-E333D2D02187 I CITY OF DENTON Docusign City Council Transmittal Coversheet RFP 7848 File Name Annual Physicals Purchasing Contact Ginny Brummett City Council Target Date Piggy Back Option Yes Contract Expiration Ordinance EDS R 871 DocuSign Envelope ID: D157FCD5-COCF-403A-844A-E333D2DO2187 INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement") is made and entered into this day of , 2021, between The City of Denton, Texas, a political subdivision of the State of Texas (hereinafter "City") and TEXAS WOMAN'S UNIVERSITY, a member of The Texas Woman's University System, (hereinafter) "TWU" and an agency of the State of Texas. WHEREAS, both the City and the State of Texas have the authority to enter into this Agreement pursuant to Chapter 791, Texas Government Code; and WHEREAS, the City and TWU have determined that it would be mutually beneficial for TWU to provide services for annual physical assessments for City of Denton Fire Department Firefighters for basic, enhanced and additional optional services. TWU will provide the following assessment services; Body Mass Index, Body Composition, Bone Density Scan by DXA, Muscle Fitness Testing (Flexibility, Muscle Strength, Core Endurance), Cardiac Stress Test (V02 Max, Aerobic Endurance),Vision Exam, Hearing Exam and Respiratory Function Test. The purpose of the annual physical assessment for firefighters is to ensure the health and wellness of the firefighters who are first responders to the citizens of the City. The City have determined that it would be mutually beneficial for TWU to provide annual physical assessments for firefighters. WHEREAS, it is mutually beneficial to both parties to execute this Agreement whereby each entity can achieve common objectives relating to safety and health of the firefighters of the City. WHEREAS, the City and TWU are jointly committed to maintaining the health and safety of the City of Denton Firefighters who provide first responders services to citizens of the City. WHEREAS, TWU agrees to utilize their equipment and physical assessment services to the City in this agreement for the express purpose of providing annual physical assessments for Firefighters of the City of Denton. NOW THEREFORE, in consideration of the mutual promises and agreements contained below and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and TWU agree as follows: 1. STATEMENT OF WORK: TWU will provide the following services for Physical Assessments for the City of Denton Fire Department Firefighters: Body Mass Index, Body Composition, Bone Density Scan by DXA, Muscle Fitness Testing (Flexibility, Muscle Strength, Core Endurance), Cardiac Stress Test (V02 Max, Aerobic Endurance),Vision Exam, Hearing Exam and Resniratory Function Test. LOCATION: All annual physical assessments equipment and information relating its operations will reside at TWU and subject to inspection by the City. DAMAGE: The cost of equipment damaged or destroyed while in use by TWU (if not covered under warranty) will be paid by TWU. TERM AND TOTAL AMOUNT OF THE ANNUAL SPEND BY THE CITY. This Agreement shall become effective upon execution of this Agreement by City and TWU and shall remain in effect for FY 2021-22. The cost projection for Denton Fire Department Physicals is $58,800 annually which included basic and additional services plus a 10% contingency for additional personnel. The contract term will be one (1) year, effective from date of award. The Parties shall have the option to renew this contract for an additional four (4) one-year periods. At the sole option of the City of Denton, the Contract may be further extended as needed, not to exceed a total of six (6) months. There will be a maximum total number of 196 civil service employees annually. Unit prices for Physical Assessment basic and additional services provided by TWU shall be in accordance with Exhibit "A" attached hereto and incorporated herein for all purposes. The quantities indicated are estimates based upon available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without adjustments in the unit prices. 5. REPORTS. Physical Assessment testing will be scored using standards approved by the City. Stress tests will be reviewed and interpreted by physicians and personnel who are found to have an abnormal stress test will be referred to the appropriate specialist. Upon completion of the Physical Assessment, all fire personnel will be given a medical category rating based on the results of the testing and TWU will provide City a form for each firefighter confirming that the individual is "medically cleared for duty" or if "additional medical information is needed." These ratings will be reported to the appropriate Denton Fire Department personnel in writing within 30 days of the assessment and signed by the physician who performed the assessment. 6. RECORDS AND CONFIDENTIALITY. City and TWU agree to comply with all applicable federal and state laws and local ordinances regarding the privacy and confidentiality of medical information, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations, as amended. 7. TERMINATION. Upon the termination of the relationship and agreement between the City and TWU all equipment shall be :.........................................:................... ............................... 872 r�rarn�� R, 4 VwItT +s� ai nnal n➢,,,ciral ac��ctwrp r r+s n�wsa rn cha11 R� �pr„+n�� rn r�,a ih, �,�rP,i P �a, e DocuSign Envelope ID: D157FCD5-COCF-403A-844A-E333D2D02187 8. BREACH / OPPORTUNITY TO CURE. The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein, the party not in default shall provide to the party in default at least thirty (30) days written notice to cure said default before exercising any of its rights as provided for in this Agreement. 9. LIABILITY. The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions and negligence of the other party. 10. FORCE MAJUERE. Except for the obligation for the payment of money, if either party fails to fulfill its obligations hereunder when such failure is due to an act of God, or other circumstance beyond its reasonable control, then said failure shall be excused for the duration of such event and for such a time thereafter as is reasonable to enable the parties to resume performance under this Agreement. 11. DISPUTE RESOLUTION. The City must use the dispute resolution process provided in Chapter 2260 of the Texas Government Code to attempt to resolve a dispute arising under this contract and such process is a required prerequisite to suit in accordance with Chapter 107, Texas Civil Practice and Remedies Code. The City must submit written notice of a claim of breach of contract under this chapter to TWU Office of Research and Sponsored Programs. TWU is an agency of the State of Texas and nothing in this Agreement waives or relinquishes the right of TWU to claim any exemptions, privileges, and immunities as may be provided by law. City is a home -rule municipality and political subdivision of the State of Texas and nothing in this Agreement waives or relinquishes the right of City to claim any exemptions, privileges, and immunities as may be provided by law. 12. REMEDIES. This Agreement shall be construed by and governed by the laws of the State of Texas. Venue for any legal action necessary to enforce the Agreement will be in Denton County, Texas. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. 13. ENTIRE REPRESENTATION. This Agreement contains the entire agreement between the parties and supersedes any prior oral or written agreements, commitments, understandings, or communications with respect to the subject matter of the Agreement. No amendments or modification of this Agreement shall be effective unless set forth in writing executed by duly authorized representatives of each party. This Agreement shall be construed in accordance with the laws of the State of Texas. 14. WAIVER. No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No delay in exercising, no course of dealing with respect to, or no partial exercise of any right or remedy hereunder shall constitute a waiver of any right or remedy, or future exercise thereof. 15. ASSIGNMENT. This Agreement may not be assigned in whole or in part by any of the Parties without prior written consent of the other Party. 16. SEVERABILITY. In the event that any section, paragraph, sentence, clause or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 17. AMENDMENTS. This Agreement may be amended from time to time by written amendment by both parties. 18. NOTICE. Any notice required to be given in connection with this Agreement shall be in writing and shall be deemed effective if hand delivered, or if sent by United States certified mail, return receipt requested, postage prepaid, or if sent by private receipted courier guaranteeing same-day or next -day delivery, addressed to the respective party at its address provided below. If sent by U.S. certified mail in accordance with this Section, such notices shall be deemed given and received on the earlier of (a) actual receipt at the address of the named addressee, or (b) on the third (3rd) business day after deposit with the United States Postal Service. Notice given by any other means shall be deemed given and received only upon actual receipt at the address of the named addressee. Texas Woman's University City of Denton Purchasing Department 304 Administration Drive 901B Texas Street Denton, Texas. 76204 Denton, Texas 76201 Attn: Purchasing Manager Telephone: 940-349-7133 Email: purchasing&cityofdenton.com 873 DocuSign Envelope ID: D157FCD5-COCF-403A-844A-E333D2DO2187 19. NO THIRD PARTY BENEFICIARIES. For purposes of this Agreement, including its intended operation and effect, the parties specifically agree and contract that: (1) the Agreement only affects matters/ disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with the State or City, or both; and (2) the terms of this Agreement are not intended to release, either by contract or by operation of law, any third person or entity from obligations owed by them to either the State or City. 20. ENTIRETY OF AGREEMENT. This Agreement represents the entire understanding between the City and TWU and supersedes all other negotiations, representations or agreement, written or oral, relating to this Agreement. The parties have caused this Agreement to be executed by their duly authorized representative. TEXAS WOMAN'S UNIVERSITY CITY OF DENTON TEXAS DocuSigned by: By vV'- ( hA1n1A. IIA By: 56FD4DF%for Academic Affairs & Provost ttve Title: L" xecutive Title: Date: 1/4/2022 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational business to a Hedges Ba 4c3... RINTED NAME Fire chief TITLE Fi re DEPARTMENT Date: APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY DocuSigned by: BY: 48070831 B4AA438... ATTEST: CITY SECRETARY C 874 DocuSign Envelope ID: D157FCD5-COCF-403A-844A-E333D2DO2187 iNUTRITION & FOOD SCIENCES TEXAS WOMAN'S UNIVERSITY David Boots Battalion Chief, Safety & Wellness PIO Denton Fire Department david.bootskcityofdenton May 12, 2021 Dear Chief Boots We are happy to provide you with the following price quotes for Physical Assessments for City of Denton, Fire Department Firefighters, effective at acceptance and for the three consecutive years following. Spring Physicals (March/April 2022-2024) Annual Budget years October 1, 2021-23 SERVICE - Firefighter PRICE $ 70 Body Mass Index, Body Composition, and Bone Density Scan by DXA Muscle Fitness Testing (Flexibility, Muscle Strength, Core Endurance) $ 20 Cardiac Stress Test (VO 2 Max, Aerobic Endurance) $ 50 Vision Exam $ 25 Hearing Exam $ 50 Respiratory Function Test $ 20 Detailed Medical History $ 15 Hands -On Physical Exam $ 15 Vital Signs $ 15 Basic Skin Cancer Screening $ 10 $ 10 Consultation with Review of Results Complete bloodwork will be provided by the City. All pricing including the indicated tests comes to $300/firefighter in addition to the evaluation of blood chemistries (provided by the City of Denton via the fire department). Dr. K Shane Broughton, PhD Professor and Chair Nutrition and Food Sciences P: 940 898 3715 1 F: 940 898 2634 C:9407030453 TEXAS WOMAN'S UNIVERSITY 875 Certificate Of Completion Envelope Id: D157FCD5COCF403A844AE333D2D02187 Subject: Please DocuSign: City Council Contract 7848 Annual Physicals Source Envelope: Document Pages: 5 Signatures: 3 Certificate Pages: 6 Initials: 1 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Record Tracking Status: Original 12/21/2021 8:39:30 AM Signer Events Ginny Brummett ginny.brummett@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) 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) Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Catherine Clifton, Interim City Attorney City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Dr. Carolyn Kapinus provost@twu.edu Exec.VP for Academic Affairs & Provost Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/23/2021 10:39:31 AM ID:25d804fa-b140-45ed-a347-ac8e20d4ea2b Holder: Ginny Brummett Ginny.Brummett@cityofdenton.com Signature Completed Using IP Address: 198.49.140.104 EiDS Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 DocuSigned by: C 8 RA 43 Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 by: ED*C"Si,n,d r. (Arb�v, 6rt- s 56FD40FF235E47F... Signature Adoption: Pre -selected Style Using IP Address: 47.24.112.151 DocuSign Status: Sent Envelope Originator: Ginny Brummett 901 B Texas Street Denton, TX 76209 Ginny. Brummett@cityofdenton.com IP Address: 198.49.140.104 Location: DocuSign Timestamp Sent: 12/21/2021 11:53:45 AM Viewed: 12/21/2021 11:53:55 AM Signed: 12/21/2021 11:56:30 AM Sent: 12/21/2021 11:56:33 AM Viewed: 12/21/2021 1:53:49 PM Signed: 12/21/2021 1:54:12 PM Sent: 12/21/2021 1:54:15 PM Viewed: 12/21/2021 2:24:05 PM Signed: 12/21/2021 2:26:08 PM Sent: 12/21/2021 2:26:11 PM Viewed: 12/23/2021 10:39:31 AM Signed: 1/4/2022 2:45:22 PM 876 Signer Events Signature Timestamp Kenneth HedgesDoauSignedby �� Sent: 1/4/2022 2:45:24 PM Kenneth. Hedges@cityofdenton.com Resent: 1/5/2022 8:02:49 AM Fire Chief aca sFcaseaoaca... Viewed: 1/5/2022 8:14:41 AM Security Level: Email, Account Authentication Signed: 1/5/2022 8:15:06 AM (None) Signature Adoption: Drawn on Device Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Accepted: 1/5/2022 8:14:41 AM ID:92e3cf88-Of4d-4ce5-b731-cad 183aa5bcd Cheyenne Defee Sent: 1/5/2022 8:15:09 AM cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/28/2021 2:42:27 PM ID: Ob3390f8-09ae-46ee-a62f-d0a63dObd 15c 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 Sent: 12/21/2021 11:56:32 AM cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Tracy Lindsay Sent: 12/21/2021 2:26:10 PM TLindsay@twu.edu Viewed: 12/23/2021 3:08:48 PM Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign 877 Carbon Copy Events Status Timestamp Gretna Jones Sent: 1/5/2022 8:15:08 AM gretna.jones@cityofdenton.com ED Viewed: 1/5/2022 8:22:45 AM Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lindsey Garrison Lindsey.Garrison@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/29/2021 10:47:29 AM ID:073ab694-b99f-43b4-a629-8b63e945b4e0 LeJuan Byford LByford@twu.edu Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign David Boots david.boots@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 12/21/2021 11:53:45 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure 878 Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Dr. Carolyn Kapinus, Kenneth Hedges, Rosa Rios, Lindsey Garrison ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. 879 How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetSca e 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: -Allow per session cookies -Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. 880 Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. 881 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-147, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, ratifying the expenditure of funds by the City Manager for the purchase of excess workers' compensation, packaged general liability, and automobile physical damage insurance coverage for the City of Denton through the City's broker of record, Texas Series of Lockton Companies, LLC; and providing an effective date (File 7902 - awarded to Safety National Casualty Corporation, in the two (2) year not -to -exceed amount of $1,523,000.00). City of Denton Page 1 of 1 Printed on 1/21/2022 powered by LegistarT" 882 DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Procurement and Compliance ACM: David Gaines DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, ratifying the expenditure of funds by the City Manager for the purchase of excess workers' compensation, packaged general liability, and automobile physical damage insurance coverage for the City of Denton through the City's broker of record, Texas Series of Lockton Companies, LLC; and providing an effective date (File 7902 — awarded to Safety National Casualty Corporation, in the two (2) year not -to -exceed amount of $1,523,000.00). INFORMATION/BACKGROUND The City of Denton currently has separate insurance policies to provide coverage for excess workers' compensation and liability exposures (general, auto liability, public officials, law enforcement, and employment practices). The City of Denton's current expiring excess general liability insurance policy includes all liability exposures through Argonaut Insurance Company (Argo) with a $500,000 per occurrence self-insured retention (SIR) under this policy and coverage up to $5,000,000 on all liability exposures. Funding has been added to the not -to -exceed amount to accommodate a year -over -year price increase of 30%. The current policy will expire on December 31, 2021. Although the City is self-funded for our liability exposures and relies on the immunities and damage caps contained in the Texas Tort Claims Act (TTCA), there are several areas that do not fall under the TTCA. Therefore, the City has potentially unlimited liability: Law Enforcement Liability — the City potentially has no limits for liability claims alleging violations of civil rights due to police activity. These claims could stem from charges of wrongful arrest/detention, unlawful search and seizure, deprivation of civil rights, and excessive force. Electric Utility Operations — by definition, the operation of a public utility by a municipality, in this case, the operations of Denton Municipal Electric (DME), are considered to be proprietary functions and are excluded from any immunities or damage caps provided under the TTCA. Any operation of DME that resulted in property damage, injury, or death could have the potential for a claim with unlimited liability. • Employment Practices Liability — in many cases, these types of claims contain an allegation that the civil rights of an employee or a prospective employee were violated, so no limit on liability applies. Examples of these types of claims could include discrimination, harassment, violations of the 883 Americans with Disabilities Act (ADA), or the Family Medical Leave Act (FMLA). Although these claims are not commonplace, the City has settled employment-related claims in the past. Because of these exposures, the City has purchased excess liability coverage to provide an added layer of protection to our self-funded program. The City of Denton currently has an excess workers' compensation insurance policy through Midwest Employers Casualty Company (MECC) that will expire on December 31, 2021. The City's expiring policy has a $1,000,000 per occurrence SIR and insurance coverage up to the statutory benefit levels under workers' compensation. Although the City is self-funded for our workers' compensation exposures, the City is still liable for all reasonable and necessary medical expenses, indemnity benefits, impairment benefits, and other related expenses if an employee is injured on the job while in the course and scope of employment, and since there is no cap on the potential costs of a workers' compensation claim, the City has purchased the excess policy to provide an added layer of protection to our self-funded program. In August 2021, during a claims reporting process, it was discovered that the City's general property policy only provides automobile liability coverage and does not provide coverage for automobile physical damage for vehicles with values over $100,000. Commercial automobile liability insurance provides coverage for bodily injury and property damage caused to others by City vehicles, whereas commercial automobile physical damage insurance provides coverage for City vehicles that sustain damage from vehicle accidents, the negligence of an uninsured or underinsured motorist, damage caused by weather, and other non -collision causes. Upon the discovery of the gap in coverage, Risk Management staff immediately began working with the City's broker of record, Lockton Companies, LLC (Lockton), to obtain auto physical damage coverage for the City's fleet vehicles with values over $100,000. Given the complexities of this insurance product solicitation, as described in greater detail below and given that Chapter 252.024 of the Texas Local Government Code provides that such products are exempt from the requirements of competitive bidding, the City utilized the services of our broker of record, Lockton, to assist us in procuring these coverages without going through the Request for Proposal (RFP) process. State of the Market Public entities are difficult for insurance carriers to insure due to large property and liability limits placed in small geographical areas. As carriers have left the public sector market due to losses, the remaining carriers have had to make some changes to their limits and deductible structures to maintain feasibility in the market. The firming pricing landscape of 2019 and 2020 gave way to a new reality in 2021, as insurance markets reduced capacity, tightened terms, and delivered some of the steepest premium increases on record. Already struggling with unsustainable loss activity, the market was also forced to confront challenges associated with COVID-19, a rolling shutdown of the global economy, low interest rates, natural catastrophes such as Winter Storm Uri, and civil strife. Renewals in the second quarter of 2020 saw some of the largest pricing increases since 2003, led by cyber, umbrella/excess liability, directors and officer's liability, property, and commercial auto. This trend is likely to continue through 2023. Any prediction, however, is clouded by ongoing uncertainty. In September 2021, Lockton learned Argonaut Insurance Company (Argo), the incumbent carrier of the City's excess general liability coverage, would be non -renewing the Denton program at the end of the policy term due to Argo's inability to obtain reinsurance over their book of business. Argo's exit from the market resulted in even greater lost capacity in the market, driving significant price increases in the back half of 2021 and is expected to continue into 2022. 884 Through their public sector partner CRC, Lockton approached 10 markets as part of the solicitation for excess general liability coverage with a new insurer, 12 markets as part of the solicitation for excess workers' compensation coverage, and four (4) markets to solicit the automobile physical damage coverage. Only one insurer, Safety National, provided a quote to extend general liability coverage to the City; however, Safety National's proposal requires the City to also place the excess workers' compensation coverage with Safety National as a packaged policy. The other nine (9) markets that were solicited for general liability coverage declined to quote. Safety National also provided a competitive quote for the automobile physical damage coverage; the other markets were either not competitive or declined to quote. As a result, Lockton received a favorable quote from Safety National to replace the City's expiring excess workers' compensation and general liability policies and add automobile physical damage coverage in a packaged casualty program. Based on the evaluation of the proposal, both staff and our broker of record, Lockton, recommend the purchase of excess workers' compensation, general liability, and automotive physical damage insurance through Lockton from Safety National with the below SIRS: Line of Coverage SIR/Deductible Annual Premium Excess Workers' Compensation $1,000,000 $183,573 Packaged General Liability $500,000 $341,509 (including app licable taxes and fees Auto Physical Damage $50,000 — units $100k - $599,999 $100,000 — units <$600k $137,068 2021/22 Total: $662,150 Safety National is an A++ (Superior) rated carrier by AM Best with a financial strength rating of XV (greater than $2 trillion) and a Standard and Poor's rating of A+. Safety National is a member of the Tokio Marine Group. With nearly $200 billion in assets, Tokio Marine is among the top ten insurance groups in the world, and its companies are among the highest-rated. RECOMMENDATION Award a contract with Safety National Casualty Corporation, for the purchase of excess workers' compensation, packaged general liability, and automobile physical damage insurance coverage for the City of Denton through the City's broker of record, Texas Series of Lockton Companies, LLC, in a two (2) year not -to -exceed amount of $1,523,000. PRINCIPAL PLACE OF BUSINESS Lockton Companies, LLC Kansas City, MO Safety National Casualty Corporation St. Louis, MO ESTIMATED SCHEDULE OF PROJECT Services under this contract will begin on December 31, 2021. This is a two (2) year contract. 885 FISCAL INFORMATION These services will be funded from Risk Retention Operating Funds. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Safety National Insurance Proposal Exhibit 3: Package Quote Summary 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. ::. Tht►�S" 7 :TV WT1C L4w--- ]:A1942 A member of the Tokio Marine Group Insurance Proposal for City of Denton, TX Policy Effective Date 12/31/2021 Policy Expiration Date 12/31/2022 887 Date: 11/23/2021 To: Lockton Companies Attention: Neil Cohen From: Codi Bolding Named Insured: City of Denton We are pleased to present the following proposal for your consideration and review. This proposal is valid until the effective date indicated in this proposal. Line of Coverage Premium and Surcharges General Liability Coverage $68,882 Commercial Automobile Liability Coverage $72,898 Commercial Automobile Physical Damage Coverage $137,068 **Public Officials Liability Coverage $55,909 **Law Enforcement Liability Coverage $77,101 Excess Liability $60,168 Total $472,026 Optional TRIA Coverage: (excluded in pricing above) Line of Coverage Premium and Surcharges GL TRIA $620 Excess TRIA $1,805 Indicated premiums are based on all quoted lines of coverage, including Excess Workers' Compensation Insurance, being bound according to the terms and conditions included within Safety National's proposals. With the exception of Surplus Lines, the taxes, surcharges, assessments and other program costs are included within the premium for each line of coverage offered by Safety National Casualty Corporation. Premiums are fully earned when bound. ** These coverages are offered by Safety Specialty Insurance Company, a Surplus Lines Carrier. Premium does not include any surplus lines taxes and fees. Filing, collection and remittance of all Surplus Lines taxes and fees will be your responsibility. Safety National may consider providing revised or additional quote options for individual lines of coverage subject to further underwriting review and approval. Unless otherwise noted, all references in this proposal to policy coverage parts and forms, depicts the product offering of Safety National. These may deviate from the coverage requests or wording contained within the Producer Specifications or other portions of the account submission. Any deviations from this proposal must be approved and authorized by Safety National, in writing. For additional information on the products and services proudly provided by Safety National, please visit our website: www.safetynational.com 2 ::: General Contingencies and Comments Commission This proposal is net of commission. Risk Control Services All Safety National Clients have access to MAP, our online Safety and Risk Control resource. The City of Denton has $10,000 of Risk Control Funds to use during this policy period. Coverage Contingencies The casualty program is contingent upon also binding the Excess Workers' Compensation program with Safety National. Premiums quoted are based on all coverages offered within this proposal, and within any Excess Workers' Compensation proposal offered by Safety National, being written by Safety National Casualty Corporation or Safety Specialty Insurance Company. Installments/Payment Schedule All lines are on an Annual Pay Plan. Premiums due within 30 days of binding. Premiums are fully earned when bound. Claims Administration Claims are handled by Gallagher Bassett. TPA Fees TPA fees are NOT included within the premium or costs of the quoted Safety National program, unless otherwise noted herein. Annual Audits General Liability, Auto Liability, and Specialty Lines are not auditable. Surplus Lines Taxes and Fees The broker is responsible for the filing, collection, and remittance of all applicable surplus lines taxes and fees. 889 CLIENT SERVICES F .t,d 1 ETV N19TIC ❖ Management: Several resources that offer a wealth of information and assistance to help your organization develop and maintain a successful safety and claim cost management program. ❖ Analysis: A variety of tools that provide the ability to measure, benchmark, and analyze different aspects of your programs to clearly identify opportunities for improvement. ❖ Prevention: A selection of assets to help improve your loss prevention and mitigation efforts — from educating employees about potential injury exposures, to helping build proficient post -injury protocol. Resources include: Safety Essentials Online: This online resource library provides customizable and downloadable training tools to help improve safety and health compliance, best practices, policies, and written programs. SERVE: Safety Emergency Responder Vehicle Education (S:ERVE) is an online driver simulation and curriculum created to educate first responders to drive at their safest during intersection negotiation scenarios. Distracted Driving Course: A course designed to train all employees that drive on the job. Through online simulation, employees will learn how to eliminate controllable distractions and how to make necessary adjustments for uncontrollable distractions. Ask Best Doctors: A Best Doctors specialist will perform three phases of this program for injured workers at high risk for adverse developments in their medical condition. Available exclusively to our workers' compensation policyholders. Crisis Protection: A benefit in place if your entity undergoes a qualifying "Domestic Crisis Event" which aids in crisis management, public relations, or emergency psychological treatment. Available exclusively to our workers' compensation & general liability policyholders. HR Essentials Online: A Human Resource management and compliance resource library. From hiring practices and writing job descriptions, to training managers and understanding the ever -complicated leave laws, this tool delivers the HR resources that every organization needs to succeed. Available exclusively to our employment practices liability policyholders. Law Enforcement Liability Resources: A best practices resource program to help address your current program's capabilities and develop formal policies and procedures to address areas that are particularly vulnerable to lawsuits, including jail and detention operations, use of force, and arrest procedures. Available exclusively to our law enforcement liability policyholders. For more information, please contact MAP Client Services at map@safetynational. com or 888-995-5300. 4 890 Commercial General Liability Proposal Safety National Casualty Corporation A.M. Best Rating A++ XV Self -Insured Retention Program Named Insured Effective Date Expiration Date City of Denton 12/31/2021 12/31/2022 CGL Coverage Form (CG 00 01) Limits of Liability T,�dr�a TV NRT1C eS�ece. �eaa General Aggregate Limit 1 $4,000,000 Other than Prod/Comp Ops Products/Completed Operations Aggregate Limit 1 $4,000,000 Each Occurrence Limit $2,000,000 Combined BI & PD Personal and Advertising Injury Limit $2,000,000 Any One Person or Or Damages to Premises Rented to You Limit $500,000 including Fire Damage Legal Employee Benefits Liability Coverage Limits of Liability Claims Made Form SNGL 054 Aggregate Limit $4,000,000 Each Employee Limit $2,000,000 Retroactive Date Per Expiring Coverage Retention Form (SNGL 024) Amount ALAE Treatment CGL - Each Occurrence $500,000 ALAE Within Retention Paid By Insured Personal and Advertising Injury $500,000 Damages to Premises Rented to You $500,000 Employee Benefits Liability $500,000 Terms, Conditions, and Subjectivities include, but are not limited to: • Please provide the expiring Employee Benefits Liability retroactive date upon binding coverage. If on Occurrence, the retro date will be 12/31/21. • Confirm in writing that no liability claims have pierced the $500,000 retention x 10 years. • Confirm in writing that the City no longer has an operable coal or nuclear energy facility, and that they do not have any plans to operate the like in the future. 5 891 General Liability Coverages / Endorsements Mandatory State Endorsements As required by covered states Access or Disclosure of Confidential or Personal Information And Data -Related Liability Exclusion CG 2107 Amended Definition of Bodily Injury SNGL 004 Asbestos Exclusion SNGL 044 Co -Employee Exclusion Deleted SNGL 012 Coverage C- Medical Payments Exclusion CG 2135 Deletion of Premium Audit Condition SNGL 053 Designated Additional Insured Broad Form SNGL 022 Employee Benefits Liability Coverage with Self- Insured Retention SNGL 054 Employment Related Practices Exclusion CG 26 39 ERISA Exclusion SNGL 002 Failure to Supply Exclusion CG 22 50 Fungi or Bacteria Exclusion CG 2167 Governmental Subdivisions Endorsement CG 24 09 Incidental Medical Coverage for: licensed nurses, psychologist, physical therapist, hearing, language or speech therapist, EMT, paramedic, or athletic trainer Manuscript Injury to Volunteer Firefighters Exclusion CG 22 56 Law Enforcement Exclusion CG 22 51 Lead Exclusion SNGL 043 Nuclear Energy Liability Exclusion IL 00 21 Self -Insured Retention Endorsement SNGL 024 Sexual Abuse or Molestation Coverage GLM 007-2 Silica Exclusion CG 2196 Pollution Exclusion — Limited Exception for: hostile fire, emergency operations, HVAC, mobile equipment, road treatment chemicals, pesticides/herbicides, water treatment, above ground tanks, water/sewage operations CG 04 30/Manuscript Unintentional Failure to Disclose Hazards or Occurrences SNGL 021 TRIA Policyholder Disclosure Notice Per attached disclosure- Signed copy must be received prior to binding of coverage 892 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE (General Liability) You are hereby notified that under the Terrorism Risk Insurance Act of 2002, as amended, extended, and/or re -authorized, you have a right to purchase insurance coverage for losses resulting from acts of terrorism, as defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury — in concurrence with the Secretary of State and the Attorney General of the United States — to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 80% OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT, AS WELL AS INSURERS' LIABILITY, FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM. IF THE AGGREGATE INSURED LOSS FOR ALL INSURERS EXCEEDS $100 BILLION IN A CALENDAR YEAR, YOUR COVERAGE MAY THUS BE REDUCED. Acceptance or Rejection of Terrorism Insurance Coverage with regard to General Liability Applicant's Signature Insured Name Date Signed Safety National Casualty Corporation® Insurance Company 7 893 I hereby elect to purchase terrorism coverage for a prospective premium of $620. I hereby decline to purchase terrorism coverage for certified acts of terrorism. I understand that I will have no coverage for losses resulting from certified acts of terrorism. Applicant's Signature Insured Name Date Signed Safety National Casualty Corporation® Insurance Company 7 893 Commercial Auto Liability Proposal Safety National Casualty Corporation A.M. Best Rating A++ XV Self -Insured Retention Program Named Insured Effective Date Expiration Date City of Denton 12/31/2021 12/31/2022 CA Coverage Form (CA 00 01) Ted ETV N19TIC Symbol Limits of Liability Auto Liability — Any One Accident 1 $2,000,000 Combined Single Limit — Bodily Injury & Property Damage Personal Injury Protection PIP 5 Excluded Auto Medical Payments 2 Excluded Uninsured/Underinsured Motorist (UM/UIM) 6 Excluded Physical Damage Coverage Symbol Limits of Liability Comprehensive Coverage 8 ACV Collision Coverage 8 ACV Coverage Retention Form (SNCA 022) Amount ALAE Treatment Auto Liability — Any One Accident $500,000 ALAE Within Retention Paid By Insured Comprehensive Coverage $50,000 deductible for units valued $100,000 - $599,999; $100,000 deductible for units valued $600,000 and greater Collision Coverage $50,000 deductible for units valued $100,000 - $599,999; $100,000 deductible for units valued $600,000 and greater Terms, Conditions, and Subjectivities include, but are not limited to: 0 Confirm no APD claims pierced $50,000 x 10 years prior to binding coverage. Automobile Liability Coverages / Endorsements Mandatory State Endorsements Amphibious Vehicles As required by covered states CA 23 97 _ CA 20 02 CAM 002 SNCA 038 CA 99 54 CA 20 30 Audio, Visual, & Data Electronic Equipment Coverage- Fire, Police, & Emergency Vehicles Auto Physical Damage Deductibles Applies to Fire & Lightning Broad Form Named Insured Covered Auto Designation Symbol 8 Emergency Services - Volunteer Firefighters' and Workers' Injuries Excluded Exclusion of Federal Employees Using Autos in Government Business CA 04 42 Hired Autos Specified as Covered Autos you Own CA 99 16 Nuclear Energy Liability Exclusion IL 00 21 Public Entity Endorsement SNCA 029 Public Transportation Autos CA 24 02 Self -Insured Retention Endorsement SNCA 022 Silica Exclusion CA 23 94 Unintentional Failure to Disclose Material Facts SNCA 028 Unintentional Failure to Provide Notice of Accident or Loss SNCA 030 Waiver of Premium Audit Condition CAM 001 UM/UIM, PIP, and/or Med Pay coverage If the insured's intent is to reject UM/UIM, PIP, and/or Med Pay coverage in states that allow total rejection and the state mandatory forms are not signed, dated and returned prior to a loss, the insured's SIR will apply to the claim, if payments are made. 895 Public Officials & Employment Practices Liability Proposal Safety Specialty Insurance Company A.M. Best Rating A++ XV Self -Insured Retention Program Named Insured Effective Date Expiration Date City of Denton 12/31/2021 12/31/2022 POL/EPL Coverase Form (POEPOF 0416) Limits of Liability Occurrence Form _ Annual Aggregate Limit $2,000,000 Each Wrongful Act $2,000,000 Coverage Retention Form (ILSIR 0716) Amount ALAE Treatment Each Wrongful Act $500,000 ALAE Within Retention Paid By Insured Forms: • Mandatory State Forms • Non -Stacking of Limits Endorsement — Form ILNONSTACK 0416 10 896 Law Enforcement Liability Proposal Safety Specialty Insurance Company A.M. Best Rating A++ XV Self -Insured Retention Program Named Insured Effective Date Expiration Date City of Denton 12/31/2021 12/31/2022 LEL Coverage Form (LELPOF 0416) Occurrence Form Limits of Liability Annual Aggregate Limit $2,000,000 Each Occurrence Limit $2,000,000 Coverage Retention Form (ILSIR 0716) Amount ALAE Treatment Each Occurrence (including LAE) $500,000 ALAE Within Retention Paid By Insured Forms: • Mandatory State Forms • Non -Stacking of Limits Endorsement — Form ILNONSTACK 0416 11 897 Commercial Excess Liability Proposal Safety National Casualty Corporation A.M. Best Rating A++ XV Self -Insured Retention Program Named Insured Effective Date Expiration Date City of Denton 12/31/2021 12/31/2022 Commercial Excess Coverage Form (CX 00 01) Limits of Liability General Aggregate Limit $3,000,000 Each Occurrence Limit $3,000,000 Underlying Insurance Limits of Liability roc TV WTIQ L]j General Liability Coverage $2,000,000/$4,000,000 Commercial Automobile Liability Coverage $2,000,000 CSL Public Officials Liability Coverage $2,000,000/$2,000,000 Law Enforcement Liability Coverage $2,000,000/$2,000,000 All underlying coverages must be bound through Safety National Casualty Corporation or Safety Specialty Insurance Company. Exclusions: In addition to all exclusions in the underlying Insurance, the following will also be excluded: 1.) Terrorism CX 2133 2.) Failure to Supply XLM 001 12 898 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE (Excess Liability) You are hereby notified that under the Terrorism Risk Insurance Act of 2002, as amended, extended, and/or re -authorized, you have a right to purchase insurance coverage for losses resulting from acts of terrorism, as defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury — in concurrence with the Secretary of State and the Attorney General of the United States — to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 80% OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT, AS WELL AS INSURERS' LIABILITY, FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM. IF THE AGGREGATE INSURED LOSS FOR ALL INSURERS EXCEEDS $100 BILLION IN A CALENDAR YEAR, YOUR COVERAGE MAY THUS BE REDUCED. Acceptance or Rejection of Terrorism Insurance Coverage with regard to Excess Liability Applicant's Signature Insured Name Date Signed Safety National Casualty Corporation® Insurance Company 13 899 I hereby elect to purchase terrorism coverage for a prospective premium of $1,805. I hereby decline to purchase terrorism coverage for certified acts of terrorism. I understand that I will have no coverage for losses resulting from certified acts of terrorism. Applicant's Signature Insured Name Date Signed Safety National Casualty Corporation® Insurance Company 13 899 Safety /National Casualty Corporation 1832 Schuetz Road St. Louis, MO 63146 PHONE # (314) 995-5300 FAX # (314) 995-3843 TO: LOCKTON COMPANIES LLC ATTN: Ms. ISABELLE REPINSKI PHONE: (214) 969-6700 FAX: (214) 969-6799 FROM: Jim Thomas DATE: 11/07/2021 EXCESS WORKERS' COMPENSATION INSURANCE QUOTATION Name of Risk: CITY OF DENTON Account: 6019780 Specific Excess Only Contract Terms Option 12510969403 Liability Period 12/31/2021 - 12/31/2022 Payroll Reporting Period 12/31/2021 - 12/31/2022 Payroll $ 119,591,473 Manual Premium $ 1,296,994 Experience Modification Factor 1.000 Standard Premium $ 1,296,994 Self -Insured Retention $ 1,000,000 Specific Limit Statutory Employers Liability Limit Per Occ & Agg $ 1,000,000 / $ 1,000,000 Premium Rate Rate $100 Payroll $ 0.1535 Deposit Premium $ 183,573 Minimum Premium $ 183,573 Commission Net 0.00% Pay Plan ANNUAL PAYMENT Audit Type Voluntary *Quote expires 1 day after Payroll Reporting Period effective date for each Quote Option. 900 1of3 Safety /National Casualty Corporation 1832 Schuetz Road St. Louis, MO 63146 PHONE # (314) 995-5300 FAX # (314) 995-3843 TO: LOCKTON COMPANIES LLC ATTN: Ms. ISABELLE REPINSKI PHONE: (214) 969-6700 FAX: (214) 969-6799 FROM: Jim Thomas DATE: 11/07/2021 EXCESS WORKERS' COMPENSATION INSURANCE QUOTATION Endorsements: Option 12510969403 TEXAS MANDATORY ENDORSEMENT(S), IF APPLICABLE 0288 00 0908 (XWC) EMPLOYERS' LIABILITY PER OCCURRENCE & AGGREGATE MAXIMUM LIMITS OF LIABILITY 0467 02 1105 (XWC) EMPLOYERS' LIABILITY MAXIMUM LIMIT AND AGGREGATE MAXIMUM LIMIT OF INDEMNITY 6000 00 0121 (XWC) TERRORISM RISK INSURANCE PROGRAM REAUTHORIZATION ACT ENDORSEMENT Contingencies: The quote is subject to the following: Option 12510969403 1. Terms are subject to details of the 07/01/2017 Employers Liability claim referenced in the application. We reserve the right to revise our terms pending review of the details of the loss. 2. Terms are subject to receipt of the SNCC Electrical Utility Supplemental Application within 60 days of binding coverage. 3. The Excess Workers Compensation program quoted is contingent upon also binding any other lines quoted with Safety National. Safety National may consider providing revised or additional quote options for individual lines of coverage subject to further underwriting review and approval. 4. Commission shall be fully earned by the Broker of Record at the inception of the Payroll Reporting Period as identified on the bound Excess Workers Compensation Insurance Quotation. Comments: 1. Endorsements mandated by the coverage state(s) will automatically be added to your policy regardless of whether they are shown in the above schedule. In addition, a change in an endorsement form number may occur as a result of state filing requirements/updates arising subsequent to this quote. 2. Included in our quote: MAP Client Services. These resources consist of both risk control and claim services, including resources like Safety Essentials Online, Workers' Comp Kit, and Safety Training Source. Medical Management Program. These services help facilitate complicated claims towards the best -possible outcome. Available services include Catastrophic Claims Consulting, Impartial Medical Review, Long -Term Claims Evaluation, and Chronic Pain & Opioid Dependency Programs. 3. This Agreement will include coverage for Workers' Compensation loss caused by acts of terrorism as defined in the Agreement. Coverage for such losses will still be subject to all terms, definitions, exclusions, and conditions in the Agreement, & any applicable federal and/or state laws, rules, or regulations. Be advised that, under the Terrorism Risk Insurance Act of 2002 as amended, extended, and/or re -authorized (the Act), terrorism loses would be partially reimbursed by the U.S. Government under a formula established by the Act. Under this formula, the U.S. Government would generally reimburse 80% of covered terrorism losses exceeding a deductible paid by us. The Act contains $100 billion cap that limits the reimbursement from the U.S. Government as well as from all insurers. If aggregate insured losses for all insurers exceed $100 billion, your coverage may be reduced. The portion of the EMPLOYER's annual premium attributable to coverage for losses caused by a certified act of terrorism is: 0.5% 901 2of3 Your Service Team Safety National is committed to providing industry leading services to our policyholders. The Service Team is the keystone to that promise. This highly experienced team is identified now and established early in the policy term so there is a seamless transition and efficient delivery of service for your client's needs. The Service Team consists of a one point contact in underwriting, claims, risk control, policy services, audit, legal, and finance. We welcome the opportunity for you to experience our commitment to your success by contacting any member of our team with your questions or requests. Jim Thomas (470) 266-2143 jim.thomas@safetynational.com Underwriter Sonya Hudson (314) 810-5452 Sonya.Hudson@safetynational.com Specialist - Insurance Underwriting - Operations Ariel Jenkins (314) 692-1385 ariel.jenkins@safetynational.com MAP Client Services Mike Harris (314) 692-9516 michael.harris@safetynational.com VP Claims Tammy Rainwater (314) 810-5576 tammy.rainwater@safetynational.com Premium Audit 902 !ty National Crisis Protection' is a crisis management and extraction benefit provided exclusively for Safety National's excess, large deductible and select guaranteed cost workers' compensation customers. If your business undergoes a qualifying "Domestic Crisis Event" that directly involves your business and involves the death of two or more of your employees, Safety National'' will either pay one of our approved vendors to assist with crisis management or reimburse you directly for the approved costs incurred with a vendor of your choice. If you experience a qualifying "International Extraction Crisis Event that requires international employee extraction, we will reimburse you directly for the approved costs. Hove Cues It Work? If a qualifying "Domestic Crisis Event" or" Internatic nal Extraction Crisis Event" occurs, Safety National Crisis Protection will help you minimize post -crisis risk to the organization, its stakeholders and employees directly involved in the event (Including immediate family of the involved employee). The annual, aggregate limit for these complimentary benefits, or any combination of the two, is $50,D00. These benefits are accessible when you need them and are provided by Safety National free of charge. "Domestic Crisis Events" Include. Multiple employee deaths (two or more) resulting from the following man-made events: • Explosion • Arson • Bombing • Workplace Violence • Structural Fire • Vehicular Accident Multiple employee deaths (two or more) resulting from the following natural disasters: • Tornado • Explosion • Wildfire • Structural Fire • Earthquake and Any Resulting Tsunami Hurricane • Flood "International Extraction Crisis Events" Include: Ernployee extraction necessitated by the following: MAN-MADE EVENTS: • Explosion • Arson • Bombing Riot Government Collapse & Political Unrest NATURAL DISASTERS: • Tornado • Explosion • Wildfire • Earthquake and Any Resulting Tsunami • Cyclone/Typhoon/Hurricane • Flood LEARN MORE For more information about Safety National Crisis Protection, please visit safetynational.com/crisis-protection-WC. If you have additional questions about this free benefit, please contact us at crisisprotection@safetynational.com. 3nrti r IVPIIiWIVML �F. i+a4a Benefits: Provided at no cost to policyholders, with a $50,000 annual, aggregate benefit limit for a qualifying "Domestic Crisis Event," a qualifying "International Extraction Crisis Event" or any combination of the two. • A 24-hour crisis hotline to preferred and approved "Domestic Crisis Event" vendors. Benefit extends to immediate family of an employee that is directly involved in the "Domestic Crisis Event" • The benefit can be used for qualified "Domestic Crisis Events" to help with: » Crisis Management » Crisis Response Public Relations at Emergency Psychological Treatment Includes crisis communication and media management. • Short-term counseling and referral for directly involved employees and their immediate family. TOXIO MARl NE GROUP M 903 • Leading specialty insurance carrier, offering a variety of risk solutions for large commercial and public entity clients. • Long-time presence in the market, providing uninterrupted service to thousands of customers nationwide for over 75 years. • Relationship -focused approach to customer service, listening closely to customer needs and designing flexible programs and placements to address them. • Unique claims and medical management proficiency, managing complex claims efficiently and effectively. • Statutory surplus: $3.1 billion (6.7% increase over 6/20) • GAAP Stockholders' equity: $4.9 billion (14.8% increase over 6/20) and $13.4 billion in assets • A.M. Best Rating A++ (Superior), Financial Size Category XV Standard & Poor's Rating A+ • A member of the Tokio Marine Group, with approximately $240 billion in total assets. The Group's main operating subsidiary, Tokio Marine & Nichido Fire (TMNF), maintains an A.M. Best rating of A++ (Superior), Financial Size Category XV. *as of 6/21 Workers' Compensation: • Excess • Large Deductible • Large Guaranteed Cost • Defense Base Act • TEXcess Public Entity Liability: • Law Enforcement Liability • Public Officials Liability • Educators Legal Liability Commercial Auto Commercial General Liability Cyber Risk Reinsurance Loss Portfolio Transfers Captives Self -Insurance Bonds • Medical Management Resources: Supplemental programs designed to help manage complicated claims towards best possible outcomes. • MAP Client Services: A full suite of online resources designed to help build or enhance safety and compliance programs. • Risk Control Services: A vetted network of highly -qualified consultants available to assist with on-site safety and risk control projects. 9/2021 Tuetod ® (888) 995-5300 • info@safetynational.com • safetynational.com A member of the Tokio Marine Group 904 Titus Indistrual Insurance Premium Comparison Renewal: 2/9/20-2/9/21 General Liability Incl. in Pkg Prem. Incl. in Pkg Prem. -2% 68,882 Auto Liability Incl. in Pkg Prem. Incl. in Pkg Prem. incl 72,898 Public Officials Liability Incl. in Pkg Prem. Incl. in Pkg Prem. 217,750 55,909 Law Enforcement Liability Incl. in Pkg Prem. Incl. in Pkg Prem. Minimum Premium: 77,101 Excess Liability Incl. in Pkg Prem. Incl. in Pkg Prem. 60,168 Premium: 237,897 320,398 35% 334,958 Taxes and Fees`: Incl Incl 0% 6 551 Total: 237,897 320,398 35% 341,509 Option - Auto Physical Damage Excluded Excluded 1,000, 000 137,068 Optional Terrorism: Excluded Excluded 2,425 Average Rate: 152 152 0% 159 Employees: 1,560 2,101 35% 2,101 Fleet Count: 909 840 -8% 840 Operating Expenditures: 575,031,756 -100% Revenue: 589,907,427 -100 Limits: Automobile Liability: 5,000,000 5,000,000 5,000,000 General Liability: 5,000,000 5,000,000 5,000,000 Employee Benefits Liability: Incl with GL Incl with GL Incl with GL Law Enforcement Liability: 5,000,000 5,000,000 5,000,000 Public Officials Liability: 5,000,000 5,000,000 5,000,000 Employment Practices Liability: 5,000,000 5,000,000 Incl with Public Officials 500,000 500,000 500,000 SIR 44 5% 35 -8 -100 -100 Premium: 217,750 212,754 -2% 183,573 -16% Taxes and Fees: incl incl incl Total: 217,750 212,754 -2% 183,573 -16% Minimum Premium: 195,975 191,478 183,573 Payrolls 122,399,998 119,591,472 -2% 119,591,473 -2% Avg. Rate Per $100 Payroll: 0.178 0.178 0% 0.154 -14% SIR: 1,000, 000 1,000, 000 1,000,000 * Surplus lines taxes and fees are estimated (1) MEC provided renewal terms with a $1 M SIR for a total premium of $209,046. Additional option with $1.5M SIR for total premium of $192,064 (savings of $16,982) (2) Coverage Enhancements SAM is covered to policy limit, previous limit was $1 M Failure to Supply sublimit increased from $1 M to $2M (3) Auto Physical Damage Comp/Collision: $50k deductible for units valued at $100k-$599,999. $100k deductible for units valued $600k and greater (4) EPL Limit included with Public Officials liability with Safety National SAMaterials Management\Shared\January 25 - Retro PUB\7902 Excess WC, Package GL & Auto Physical Damage Coverage\Exhibit 3- Package Quote Summary Page 1 of 1 905 Comparison UNCOMMONLY INDEPENDENT 12/10/2021 City of Denton 215 E McKinney Denton, TX 76201 Re: City of Denton 12/31/2021-22 Excess Casualty Renewal Proposal To Whom it May Concern: Thank you for the opportunity to assist the City of Denton with the 12/31/2021-22 Excess Casualty insurance policy renewal. The incumbent, Argonaut Insurance Company, has pulled out of the general liability insurance sector in regard to municipalities and thus was not able to provide renewal terms this year. In turn, Lockton went to market on the packaged excess casualty placement. Lockton approached ten markets on the City's behalf for this placement. Safety National provided the most competitive quote, at $341,509, including taxes and fees. The below chart evidences premium by line of coverage. This is a 44% increase compared to the expiring program. This increase is due to the continuing hardening of the market. In order to bind the excess Workers' Compensation coverage, Safety National must bind the below placements as well. Line of Business Premium General Liability $68,882 Auto Liability $72,898 Public Officials Liability $55,909 Law Enforcement Liability $77,101 Excess Liability $60,168 Total Premium (Excl. Taxes/Fees) $334,958 Taxes/Fees $6,551 Total Premium (Incl. Taxes/Fees) $341,509 Lockton recommends the City renew its Excess Casualty Insurance with Safety National, Excluding Terrorism Coverage, for a total annual premium (incl. taxes & fees) of $341,509. Sincerely, Neil Cohen Senior Vice President, Practice Leader Lockton Companies. LOCKTON COMPANIES 2100 Ross Avenue, Suite 1400, Dallas, TX 75201-6706 214.969.6700 lockton.com 906 RlMk 1 a UNCOMMONLY INDEPENDENT 12/10/2021 City of Denton 215 E McKinney Denton, TX 76201 Re: City of Denton 12/31/2021-22 Excess Workers' Compensation Renewal Proposal To Whom it May Concern: Thank you for the opportunity to assist the City of Denton with the 12/31/2021-22 Excess Workers' Compensation insurance policy renewal. Police and Fire employees are still a large concern in the Worker's Compensation marketplace. Carriers are consistently looking for higher retentions for this class of employees. The City of Denton has suffered several large workers' compensation claims over the last few years with the last one being the unfortunate shooting of one of your police officers. Lockton approached 12 markets for this renewal. Ten markets declined as they will not write municipalities or monoline workers' compensation. Lockton was able to obtain quotes from two (2) carriers: Safety National and Midwest Employer's Casualty (the incumbent). Safety National was able to provide renewal terms for $183,573, including taxes and fees. In order to obtain casualty coverage for this renewal as well, Denton would need to bind this option to continue having coverage for all expiring lines. Lockton recommends the City renew its Excess Workers' Compensation Insurance with Safety National for a total annual deposit premium of $183,573. 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. LOCKTON COMPANIES 2100 Ross Avenue, Suite 1400, Dallas, TX 75201-6706 214.969.6700 lockton.com 907 RlMk 1 a UNCOMMONLY INDEPENDENT 12/10/2021 City of Denton 215 E McKinney Denton, TX 76201 Re: City of Denton 12/31/2021-22 Auto Physical Damage Renewal Proposal To Whom it May Concern: Thank you for the opportunity to assist the City of Denton with the 12/31/2021-22 Auto Physical Damage insurance policy placement. Safety National, who we recommend the City binds their Excess Workers' Compensation and their Excess Liability policies with, has provided an Auto Physical Damage quote for $137,068, including taxes and fees. This is a new placement for the City that would enhance their coverage. Lockton recommends the City renew its Auto Physical Damage Insurance with Safety National, for a total annual premium (incl. taxes & fees) of $137,068. Sincerely, Neil Cohen Senior Vice President, Practice Leader Lockton Companies. LOCKTON COMPANIES 214.969.6700 2100 Ross Avenue, Suite 1400, Dallas, TX 75201-6706 lockton.com 908 UCC Business Organizations Trademarks Notary Account HelplFees Briefcase Logout BUSINESS ORGANIZATIONS INQUIRY -VIEW ENTITY Filing Number: 800737176 Original Date of Filing: November 21, 2006 Formation Date: N/A Tac ID: 12033549705 Name: Lockton Companies LLC Address: 444 47J Streit, Ste- SOD May 18, 2019 Kansas City, MO 64112-1906 USA Fictitious Name: N .A Jurisdiction: ;10. „'S.A Foreign Formation January 7, 2016 Date: RONALD LOCKTON Entity Type: Foreign Limited Liability Company {LLC} Entity Status: In existence FEIN: 203354970 GISTERED AGENT FILING HSTIDRY NAMES MANAGEMENT Last update Mame Title 9 May 18, 2019 RONALD LOCKTON PRESIDENT 4 May 18, 2019 RONALD LOCKTON DIRECTOR F May 18, 2019 WILUAM'W HUNIPHREY III SECRETARY F May 13,21) IS WILLIAM W HIIMPHREY III DIRECTOR F Nay 18, 2019 HENRY BOND TREASURER F May 18, 21119 = HENRY BOND DIRECTOR e r Order Retum [o Search 909 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, RATIFYING THE EXPENDITURE OF FUNDS BY THE CITY MANAGER FOR THE PURCHASE OF EXCESS WORKERS' COMPENSATION, PACKAGED GENERAL LIABILITY, AND AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE FOR THE CITY OF DENTON THROUGH THE CITY'S BROKER OF RECORD, TEXAS SERIES OF LOCKTON COMPANIES, LLC; AND PROVIDING AN EFFECTIVE DATE (FILE 7902 — AWARDED TO SAFETY NATIONAL CASUALTY CORPORATION, IN THE TWO (2) YEAR NOT -TO -EXCEED AMOUNT OF $1,523,000.00). 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 in cases of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens of the City, or in case of unforeseen damage to public property, machinery or equipment or where the procurement is necessary to preserve or protect the public health or safety of the City's residents; and WHEREAS, the City Manager has recommended to the City Council that it is necessary to purchase goods or services due to the following emergency conditions outlined in the memorandum referenced herein; WHEREAS, the City's insurance broker of record has obtained proposals and City Council wishes to procure excess workers' compensation insurance, packaged general liability, and automobile physical damage insurance coverage for a two (2) year period; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following emergency purchases of materials, equipment, supplies, or services, as described in the "Declaration of Emergency Memorandum" referenced herein and on file in the office of the Purchasing Agent, and the license terms attached, are hereby approved: FILE NUMBER VENDOR AMOUNT 7902 Safety National Casualty Corporation $1,523,000.00 SECTION 2. Because of such emergency, the City Manager, or designated employee, is hereby authorized to purchase the materials, equipment, supplies, or services as described in the Memorandum on file in the office of the Purchasing Agent, and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. 910 SECTION 3. The City Council of the City of Denton, hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their 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 . This ordinance was passed and approved by the following vote r - 1 Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City of Denton, BY: 1�1lYlUf� email=marcella.lunn@cityofdento Date: 2022.01.0615:37:13 -06'00' 911 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-148, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Carahsoft Technology Corporation through the Department of Information Resources (DIR) Cooperative Purchasing Network Contract No. DIR-TSO-4288, for the Discuss Denton engagement platform for the Customer Service and Public Affairs Departments; providing for the expenditure of funds therefor; and providing an effective date (File 7911 - awarded to Carahsoft Technology Corporation, in the three (3) year not -to -exceed amount of $94,500.00). City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legistar' 912 CITV_� Of DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Carahsoft Technology Corporation through the Department of Information Resources (DIR) Cooperative Purchasing Network Contract No. DIR-TSO- 4288, for the Discuss Denton engagement platform for the Customer Service and Public Affairs Departments; providing for the expenditure of funds therefor; and providing an effective date (File 7911 — awarded to Carahsoft Technology Corporation, in the three (3) year not -to -exceed amount of $94,500.00). INFORMATIONBACKGROUND The proposed contract is to continue services with Carahsoft for the Bang the Table for three years, through 2025. Bang the Table is the online software that the City utilizes for the Discuss Denton platform on the City's website and is available at www.discussdenton.com. The City is dedicated to providing a collaborative community engagement forum with outstanding customer service through Discuss Denton. This platform provides for: • Diverse approach to further inclusiveness and provide community additional opportunities to share their input and feedback. • Array of videos, documents, image galleries, key dates, project lifecycles, and other information tools to educate, build confidence in City projects or programs and drive participation. • Expands City's engagement programs to include an online option to keep the community informed and collaborate with City staff. • Expands data reporting tools to understand community sentiments behind the feedback. Discuss Denton is an ideal platform to discuss City projects such as: • Bond Program Projects • City Maintenance Projects • Public Safety Projects • Long -Range Projects (such as the Parks and Trails Master Plan and Mobility Plan) • Grants and Community Development Programs • Community Building/Interests Projects 913 Year Budgeted Amount Total 2022 —2023 $30,000 $30,000 2023 —2024 $30,000 $30,000 2024 —2025 $30,000 $30,000 Contingency: 5% $4,500 Total for 3 ears: $94,500 Pricing obtained through the Department of Information Resources (DIR) Cooperative Purchasing Network has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. RECOMMENDATION Award a contract with Carahsoft Technology Corporation, for the Discuss Denton engagement platform for the Customer Service and Public Affairs Departments, in a three (3) year not -to -exceed amount of $94,500. PRINCIPAL PLACE OF BUSINESS Carahsoft Technology Corporation Reston, VA ESTIMATED SCHEDULE OF PROJECT This is a three (3) year contract. This DIR contract expires on February 21, 2025. FISCAL INFORMATION These services will be funded from the Public Affairs Department Operating Funds. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Quote Exhibit 3: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Stuart Birdseye, 940-349-8009. Legal point of contact: Marcella Lunn at 940-349-8333. 914 GOVERNMENT- PRICE QUOTATION Canal soft. Granicus at Carahsoft 11493 SUNSET HILLS ROAD I SUITE 100 I RESTON, VIRGINIA 20190 PHONE (703) 871-8500 I FAX (703) 871-8505 I TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM I SALES@CARAHSOFT.COM TO: Ryan Adams Director City of Denton Denton, TX USA EMAIL: Ryan.Adams@cityofdenton.com PHONE: (940) 349-8565 FROM: Stephanie Pham G GRAN ICUS Granicus Government at Carahsoft 11493 Sunset Hills Road Suite 100 Reston, Virginia 20190 EMAIL: Stephanie. Pham@carahsoft.com PHONE: (571) 662-3073 FAX: (703) 871-8505 TERMS: DIR Contract No. DIR-TSO-4288 QUOTE NO: 31535107 Expiration Date: February 21, 2025 QUOTE DATE: 10/22/2021 FTIN: 52-2189693 QUOTE EXPIRES: 01/15/2022 Shipping Point: FOB Destination RFQ NO: Credit Cards: VISA/MasterCard/AMEX Remit To: Same as Above SHIPPING: ESD Payment Terms: Net 30 (On Approved Credit) TOTAL PRICE: $29,911.84 Texas VID#:1522189693700 Sales Tax May Apply TOTAL QUOTE: $29,911.84 LINE NO. PART NO. DESCRIPTION - QUOTE PRICE _XTENDED PRICE SUBSCRIPTION FEES 1 BTT -GD -100-679 Granicus Bang the Table Annual Subscription (City or $22,040.30 TX DIR 1 $22,040.30 County) EngagementHQ Annual Unlimited License Granicus - BTT -GD -100 2 BTT -GD -100-679 Granicus Bang the Table Annual Subscription (City or $5,247.69 TX DIR 1 $5,247.69 County) Hubs functionality Granicus - BTT -GD -100 3 BTT -GD -100-679 Granicus Bang the Table Annual Subscription (City or $1,574.31 TX DIR 1 $1,574.31 County) EngagementlQ 'Essentials' package Granicus - BTT -GD -100 4 BTT -GD -100-679 Granicus Bang the Table Annual Subscription (City or County) Integration: ConstantContact (Maintenance) Granicus - BTT -GD -100 5 BTT -GD -100-679 Granicus Bang the Table Annual Subscription (City or County) Add-on: Project Finder (Maintenance) Granicus - BTT -GD -100 SUBTOTAL: CONFIDENTIAL PAGE 1 of 2 $524.77 TX DIR 1 $524.77 $524.77 TX DIR 1 $524.77 $29,911.84 TOTAL PRICE: $29,911.84 TOTAL QUOTE: $29,911.84 QUOTE DATE: 10/22/915 QUOTE NO: 31535iui GOVERNMENT- PRICE QUOTATION Canal soft. Granicus at Carahsoft 11493 SUNSET HILLS ROAD I SUITE 100 I RESTON, VIRGINIA 20190 PHONE (703) 871-8500 I FAX (703) 871-8505 I TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM I SALES@CARAHSOFT.COM LINE NO. PART NO. DESCRIPTION G GRAN ICUS QUOTE PRICE QTY EXTENDED PRICE The pricing on the attached quote is reflective of the TX DIR contract pricing - of a discount of 4.25% CONFIDENTIAL PAGE 2 of 2 QUOTE DATE 10/22/916— QUOTE 0/22/916QUOTE NO: 31535107 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CARAHSOFT TECHNOLOGY CORPORATION THROUGH THE DEPARTMENT OF INFORMATION RESOURCES (DIR) COOPERATIVE PURCHASING NETWORK CONTRACT NO. DIR-TSO-4288, FOR THE DISCUSS DENTON ENGAGEMENT PLATFORM FOR THE CUSTOMER SERVICE AND PUBLIC AFFAIRS DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 7911 — AWARDED TO CARAHSOFT TECHNOLOGY CORPORATION, IN THE THREE (3) YEAR NOT -TO -EXCEED AMOUNT OF $94,500.00). WHEREAS, pursuant to Ordinance 20-196, the Department of Information Resources 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 State of Texas Department of Information Services Go Direct 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 numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 7911 Carahsoft Technology Corporation $94,500.00 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the State of Texas Department of Information Services Go Direct 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 State of Texas Department of Information Services Go Direct Program, and the purchase orders issued by the City. 917 SECTION 3. Should the City and persons submitting approved and accepted items set forth in this ordinance wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the State of Texas Department of Information Services Go Direct Program, the City Manager, or their designated representative, is hereby authorized to execute the written contract which shall be referenced herein; provided that the written contract is in accordance with the terms, conditions, specifications, and standards contained in the Proposal submitted to the State of Texas Department of Information Services Go Direct Program, quantities, and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. 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 5. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by by following vote [ - ]: Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: and seconded This ordinance was passed and approved by the Aye Nay Abstain Absent PASSED AND APPROVED this the day of , 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY 918 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City �Y 1 ` of Denton, BY:B. Y Al \ � email=marcella.lunn@cityofdent —on.conrc= Date: 2022.01.0615:38:22 -06'00' 919 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON File #: ID 22-149, Version: 1 Legislation Text AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with Eagle County Health Service District, dba Eagle County Paramedic Services ("Eagle County"), Public Safety Association Inc and managed by the North Central EMS Corporation, dba Savvik Buying Group, under the Texas Government Code Chapters 252, 271, and 791, to authorize City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 7929 - Interlocal Cooperative Purchasing Agreement with Eagle County). City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legistar' 920 DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with Eagle County Health Service District, dba Eagle County Paramedic Services ("Eagle County"), Public Safety Association Inc and managed by the North Central EMS Corporation, dba Savvik Buying Group, under the Texas Government Code Chapters 252, 271, and 791, to authorize City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 7929 — Interlocal Cooperative Purchasing Agreement with Eagle County). INFORMATION/BACKGROUND This agreement will allow the City to utilize contracts for goods and services competitively solicited by Eagle County, Colorado. The solicitation process followed meets all statutory procurement requirements. Eagle County has several contracts for goods and services related to public safety and medical equipment. At this time, the Fire Department is exploring utilizing a contract that provides Stryker equipment, which is currently standardized on all department apparatuses. If the department decides to move forward, a contract will be prepared for Council consideration, Section 791 of the Government Code requires that all Cooperative Agreements must be authorized by the governing body, regardless of the dollar amount. The contract will remain in effect until terminated by either party. RECOMMENDATION Award an Interlocal Cooperative Purchasing Program Agreement with Eagle County managed by Savvik Buying Group. PRINCIPAL PLACE OF BUSINESS Savvik Buying Group St. Cloud, MN 921 ESTIMATED SCHEDULE OF PROJECT This Agreement is effective upon approval and will remain in effect until terminated by either party. FISCAL INFORMATION Each future acquisition, based on this agreement, will follow the City of Denton fiscal verification policy and be charged to the appropriate budget account. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and Interlocal Agreement Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Lori Hewell, 940-349-7100. Legal point of contact: Marcella Lunn at 940-349-8333. 922 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH EAGLE COUNTY HEALTH SERVICE DISTRICT, DBA EAGLE COUNTY PARAMEDIC SERVICES ("EAGLE COUNTY"), PUBLIC SAFETY ASSOCIATION INC AND MANAGED BY THE NORTH CENTRAL EMS CORPORATION, DBA SAVVIK BUYING GROUP, UNDER THE TEXAS GOVERNMENT CODE CHAPTERS 252, 271, AND 791, TO AUTHORIZE CITY OF DENTON CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 7929 — INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH EAGLE COUNTY). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or their designee, is hereby authorized to execute the Interlocal Cooperative Purchasing Agreement with the Eagle County Health Service District, dba Eagle County Paramedic Services ("Eagle County"), Public Safety Association Inc and managed by the North Central EMS Corporation, dba Savvik Buying Group, under chapters 252, 271, 791 of the Texas Government Code, a copy of which is attached hereto and incorporated by reference herein (the "Agreement"). SECTION 2. The City Manager, or their designee, is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SECTION 3. The City Council of the City of Denton hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their 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 This ordinance was passed and approved by the following vote [ - ]: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: 923 PASSED AND APPROVED this the day of 92022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY :• APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City of Denton i , Ty Y A! email=marcella.lunn@ci ofdent BY: on.com, c=US Date: 2022.01.06 15:39:18 - 924 DocuSign Envelope ID: BC746943-6B98-4888-84D3-50E676A7663A I CITY OF DENTON Docusign City Council Transmittal Coversheet FILE 7929 File Name Interlocal with Savvik Purchasing Contact Lori Hewell City Council Target Date Piggy Back Option Not Applicable Contract Expiration Ordinance 925 DocuSign Envelope ID: BC746943-6B98-4888-84D3-50E676A7663A j EAGLE COUNTY �Q* Public Safety Association Inc PARAMEDIC SERVICES V WORKING FOR You SAVV I K BUYING GROUP EAGLE COUNTY HEALTH SERVICE DISTRICT—COOPERATIVE PURCHASING AGREEMENT MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Agreement is made between certain government agencies that execute a Principal Procurement Agency Certificate ("Principal Procurement Agencies' to be appended and made a part hereof and other public agencies ("Participating Public Agencies' that register by form or electronically with Eagle County Health Service District, dba Eagle County Paramedic Services ("Eagle County"), Public Safety Association Inc and managed by the North Central EMS Corporation, dba Savvik Buying Group or otherwise execute a Participating Public Agency Certificate to be appended and made a part hereof. RECITALS WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, a number of Suppliers have entered into Master Agreements to provide a variety of goods, products and services based on national volumes (herein "Products'); WHEREAS, Master Agreements are made available by Principal Procurement Agencies through Eagle County and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable local purchasing ordinances and the laws of the State of purchase; NOW, THEREFORE, in consideration of the mutual promises contained in this agreement, and of the mutual benefits to result, the parties agree as follows: 1. That each party will facilitate the cooperative procurement of Products. 2. That the procurement of Products subject to this agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules and regulations that govern each party's procurement practices. 3. That the cooperative use of solicitations obtained by a party to this agreement shall be in accordance with the terms and conditions of the solicitation, except as modification of those terms and conditions is otherwise allowed or required by applicable law. 4. That the Principal Procurement Agencies will make available, upon reasonable request and subject to convenience, information which may assist in improving the procurement of products by the Participating Public Agencies. 5. That a procuring party will make timely payments to the Supplier for Products received in accordance with the terms and conditions of the procurement. Payment for Products and inspections and acceptance of Products ordered by the procuring party shall be the exclusive obligation of such procuring party. Disputes between procuring party and Supplier are to be resolved in accord with the law and venue rules of the State of purchase. 6. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for similar products or services. 7. The procuring party shall be responsible for the ordering of Products under this agreement. A non -procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non- procuring party harmless from any liability that may arise from action or inaction of the procuring party. 8. This agreement shall remain in effect until termination by a party giving 30 days written notice to the other party. The provisions of paragraphs 5, 6 and 7 hereof shall survive any such termination. Participating Public Agency is not required or obligated to any purchase threshold in order to use Eagle County contracts. Contract is at will. 9. This agreement shall take effect after execution of the Principal Procurement Agency Certificate or Participating Public Agency Registration, as applicable. Signed Title Agency Name Address City of Denton 901 B Texas St Public Safety Association Inc Signature Printed Name Date Phone 940-349-7100 Denton TX 76209 City State ZIP Date Please return to help@savvik.org or fax back to 320.295.7098 926 DocuSign Envelope ID: BC746943-6B98-4888-84D3-50E676A7663A ATTEST: ROSA RIOS, CITY SECRETARY Im APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: FDocuSigned by: bAi & -4&0-20831 B+FFAA�38... 927 Certificate Of Completion Envelope Id: BC7469436B98488884D350E676A7663A Subject: Please DocuSign: City Council Contract 7929 Interlocal with Savvik Source Envelope: Document Pages: 3 Signatures: 1 Certificate Pages: 5 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Record Tracking Status: Original 1/5/2022 1:32:29 PM Signer Events Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Catherine Clifton, Interim City Attorney City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 1/5/2022 2:26:23 PM ID:a5bc5a33-fec2-4093-9295-5abe22bOf507 Holder: Lori Hewell lori.hewell@cityofdenton.com Signature Completed Using IP Address: 198.49.140.104 by:/�,�,ED—Sign1d 8"31 t . Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 Status: Sent Envelope Originator: Lori Hewell 901 B Texas Street Denton, TX 76209 lori.hewell@cityofdenton.com IP Address: 198.49.140.104 Location: DocuSign Timestamp Sent: 1/5/2022 1:39:27 PM Viewed: 1/5/2022 1:39:37 PM Signed: 1/5/2022 1:40:49 PM Sent: 1/5/2022 1:40:52 PM Viewed: 1/5/2022 2:01:25 PM Signed: 1/5/2022 2:03:02 PM Sent: 1/5/2022 2:03:05 PM DocuSign 928 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� Signature Sent: 1/5/2022 1:40:51 PM cheyenne.defee@cityofdenton.com COPED Viewed: 1/5/2022 1:41:55 PM Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Gretna Jones Sent: 1/5/2022 2:03:05 PM gretna.jones@cityofdenton.com Viewed: 1/5/2022 2:31:49 PM Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@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 1/5/2022 1:39:27 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 929 Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Rosa Rios ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. 930 How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetSca e 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: -Allow per session cookies -Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. 931 Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. 932 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-151, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Central North Construction, LLC., for the landscape enhancements of FM 2499 from I -35E to Teasley Lane for the Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (IFB 7751 - awarded to Central North Construction, LLC., in the not -to -exceed amount of $645,647.75). City of Denton Page 1 of 1 Printed on 1/21/2022 powered by LegistarT" 933 1%,1001110, DENTON DEPARTMENT: ACM: DATE: SUBJECT City of Denton AGENDA INFORMATION SHEET Procurement & Compliance David Gaines January 25, 2022 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Central North Construction, LLC., for the landscape enhancements of FM 2499 from I -35E to Teasley Lane for the Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (IFB 7751— awarded to Central North Construction, LLC., in the not -to -exceed amount of $645,647.75). INFORMATION/BACKGROUND In 2019, the Texas Department of Transportation (TxDOT) awarded funding of $773,667 to the City for the FM2499 Beautification Project for Green Ribbon Landscape. The proposed contract includes landscape enhancements on FM 2499 from I -35E to Teasley Lane. The contract consists of $614,901.75 total base bid; and $30,746.00 contingency. The contingency, 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. Upon completion of landscape improvements, the City of Denton Parks and Recreation Department will be responsible for regular maintenance of the improvements. Invitation for Bids was sent to 489 prospective suppliers of this item, including 36 Denton firms. In addition, specifications were placed on the Procurement and Compliance website for prospective suppliers to download and advertised in the local newspaper. Three (3) bids meeting specifications were received. The lowest bid was received by Central North Construction, LLC. NIGP Code Used for Solicitation: 913 - (Service Only) - Construction Services, Heavy (Incl. Maintenance and Repair Services Notifications sent for Solicitation sent in IonWave: 489 Number of Suppliers that viewed Solicitation in IonWave: 15 HUB -Historically Underutilized Business Invitations sent out: 37 SBE -Small Business Enterprise Invitations sent out: 171 Responses from Solicitation: 3 Responses Meeting Specifications: 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On April 6, 2021, City Council approved the Landscape Maintenance Agreement (Ordinance 21-529). 934 On April 6, 2021, City Council approved the Advance Funding Agreement (Ordinance 21-610). RECOMMENDATION Award a contract with Central North Construction, LLC., for the landscape enhancements of FM 2499 from I -35E to Teasley Lane for the Parks and Recreation Department, in a not -to -exceed amount of $645,647.75. PRINCIPAL PLACE OF BUSINESS Central North Construction, LLC. Allen, TX SUSTAINABILITY MEASURES The purpose of the TXDOT Green Ribbon Program is to improve the visual character of highway corridors and minimize the negative impacts of air pollution through the planting of trees, shrubs, grasses, and other landscape enhancements which help filter pollution and reduce head island effects. ESTIMATED SCHEDULE OF PROJECT This project will be started upon approval with a completion date within 202 days. FISCAL INFORMATION These services will be funded by Grant Funds. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Bid Tabulation Exhibit 3: LLC Members Exhibit 4: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Jason Donnell, 940-349-8275. Legal point of contact: Marcella Lunn at 940-349-8333. 935 Exhibit 2 IFB 7751 - Bid Tabulation for Green Ribbon Landscape Planting and Irrigation Respondent's Business Name: Central North Construction, LLC Select Maintenance, LLC Principal Place of Business (City and State): Allen, TX Euless, TX Line # Description QTY I UOMF Unit Extended Unit Extended I TOTAL BID AMOUNT Item Notes: Copy your responses in the following fields. Please note that the following totals must match your totals in the excel documents and Section 5 Total Bid Amount (Bid Specifications 00 41 00-2),If different, Section 5 Total Bid Amount (Bid Specifications 00 4100-2). 2 Base Bid Amount 11 EA $614,901.751 $614,901.75 $883,896.70 $883,896.70 3 Bid Alternate 11 JEA Total: $614,901.75 $883,896.70 Contingency (5%): $30,746.00 Total Contract Amount: $645,647.75 41: UCC Business Organizations Trademarks Notary Account HelplFees Briefcase Logout BUSINESS ORGANIZATIONS INQUIRY -VIEW ENTIT) Filing Number: 800460641 Entity Type: Domestic Limited Liability Company (LLC) Original Date of Filing: March 1, 2005 Entity Status: In existence Formation Date: NIA Tax ID: 12025372371 FEIN: Duration: Perpetual Name: CENTRAL NORTH CONSTRUCTION, LLC Address: 5970 LINDSEY LN ALLEN, TX 75002-6474 USA MANAGEMENT Last Update Name Title ApnI a =015 PAULANDERTON PRESIDENT Apoll 8, 2615 PAULANDERTON Ew DIRECTOR 937 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CENTRAL NORTH CONSTRUCTION, LLC., FOR THE LANDSCAPE ENHANCEMENTS OF FM 2499 FROM I -35E TO TEASLEY LANE FOR THE PARKS AND RECREATION DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (IFB 7751 — AWARDED TO CENTRAL NORTH CONSTRUCTION, LLC., IN THE NOT -TO -EXCEED AMOUNT OF $645,647.75). 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 7751 Central North Construction, LLC. $645,647.75 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 their designated representative, is hereby authorized to execute a written contract, which shall be attached hereto, in accordance with the terms, conditions, specifications, 938 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. 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 their 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 . This ordinance was passed and approved by the following vote Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY 939 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City of Denton, BY: email=marcella.lunn@cityof c—enton.com, c=US Date: 2022.01.12 12:12:17 -06'00' 940 DocuSign Envelope ID: 88129655-7C39-48DA-B11 F-A943204605FB I CITY OF DENTON Docusign City Council Transmittal Coversheet IFB 7751 File Name FM2499 Green Ribbon Purchasing Contact Erica Garcia City Council Target Date Piggy Back Option Not Applicable Contract Expiration Ordinance EDS %411 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 005243-1 Agreement Page 1 of 6 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on is made by and between the City of Denton, 4 a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), 5 and Central North Construction, LLC., authorized to do business in Texas, acting by and through 6 its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: 8 Article 1. WORK 9 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 10 Project identified herein. 11 Article 2. PROJECT 12 The project for which the Work under the Contract Documents may be the whole or only a part is 13 generally described as follows: 14 "City of Denton: FM2499 Green Ribbon: Landscape Planting & Irrigation" 15 Contract No: 7751 16 Article 3. CONTRACT PRICE 17 City agrees to pay Contractor for performance of the Work in accordance with the Contract 18 Documents an amount, in current funds, of six hundred fourteen thousand nine hundred one dollars 19 and seventy-five cents ($614,901.75). At the sole option of the City, five (5) percent contingency 20 in the amount of thirty thousand, seven hundred forty-six dollars and forty-six cents ($30,746.00) 21 may be used for a total not -to -exceed amount of six hundred forty-five thousand six hundred forty - 22 seven dollars and seventy-five cents ($645,647.75). 23 24 Article 4. CONTRACT TIME 25 4.1 Final Acceptance. 26 The Work will be complete for Final Acceptance within 202 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 Dollars ($1,000.00) for 37 each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until 38 the City issues the Final Letter of Acceptance. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Denton FM2499 942 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 005243-2 Agreement Page 2 of 6 Waffl mwwoffleh Y;1T.T40 r 1Z1TO111U 111►M Ky 2 5.1 CONTENTS: 3 A.The Contract Documents which comprise the entire agreement between City and 4 Contractor concerning the Work consist of the following: 5 1. This Agreement. 6 2. Attachments to this Agreement: 7 a. Bid Form 8 1) Proposal Form 9 2) Vendor Compliance to State Law Non -Resident Bidder 10 b. Current Prevailing Wage Rate Table 11 c. Worker's Compensation Affidavit 12 d. General Conditions. 13 e. Supplementary Conditions. 14 3. The following located in File 7751 at: 15 https://Ifpubweb.cityofdenton.com/MaterialsManagement/Browse.aspx?startid= 19 16 &row=1 &dbid=0: 17 a. Specifications described in the Table of Contents of the Project's Contract 18 Documents. 19 b. North Central Texas Council of Governments Standard Specifications for Public 20 Works Construction — Fourth Edition, Divisions 200-800, and as amended by 21 City, and described in the Table of Contents of the Project's Contract Documents. 22 c. Drawings. 23 d. Addenda. 24 e. Documentation submitted by Contractor prior to Notice of Award. 25 4. The following which shall be issued after the Effective Date and delivered to the City 26 within ten (10) days of the Effective Date and before beginning Work: 27 a. Payment Bond 28 b. Performance Bond 29 c. Maintenance Bond 30 d. Power of Attorney for the Bonds 31 e. Form 1295 — Certificate of Interested Parties (email to purchasing) 32 f. Insurance Certificate 33 5. The following which may be delivered or issued after the Effective Date and, if 34 issued, become an incorporated part of the Contract Documents: 35 a. Notice to Proceed. 36 b. Field Orders. 37 c. Change Orders. 38 d. Letter of Final Acceptance. 39 40 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Denton FM2499 943 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 005243-3 Agreement Page 3 of 6 1 Article 6. INDEMNIFICATION 2 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 3 expense, the city, its officers, servants and employees, from and against any and all 4 claims arising out of, or alleged to arise out of, the work and services to be performed 5 by the contractor, its officers, agents, employees, subcontractors, licensees or invitees 6 under this contract. This indemnification provision is specifically intended to operate 7 and be effective even if it is alleged or proven that all or some of the damages being 8 sought were caused, in whole or in part, by any act, omission or negligence of the city. 9 This indemnity provision is intended to include, without limitation, indemnity for any 10 and all costs, expenses and legal fees incurred by the city in defending against such 11 claims and causes of actions. 12 13 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 14 the city, its officers, servants and employees, from and against any and all loss of, 15 damage to, or destruction of, property of the city, arising out of, or alleged to arise out 16 of, the work and services to be performed by the contractor, its officers, agents, 17 employees, subcontractors, licensees or invitees under this contract. This 18 indemnification provision is specifically intended to operate and be effective even if it is 19 alleged or proven that all or some of the damages being sought were caused, in whole or 20 in part, by any act, omission or negligence of the city. 21 22 Article 7. MISCELLANEOUS 23 7.1 Terms. 24 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 25 have the meanings indicated in the General Conditions. 26 7.2 Assignment of Contract. 27 This Agreement, including all of the Contract Documents may not be assigned by the 28 Contractor without the advanced express written consent of the City. 29 7.3 Successors and Assigns. 30 City and Contractor each binds itself, its partners, successors, assigns and legal 31 representatives to the other party hereto, in respect to all covenants, agreements and 32 obligations contained in the Contract Documents. 33 7.4 Severability. 34 Any provision or part of the Contract Documents held to be unconstitutional, void or 35 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 36 remaining provisions shall continue to be valid and binding upon City and Contractor. 37 7.5 Governing Law and Venue. 38 This Agreement, including all of the Contract Documents is performable in the State of 39 Texas. Venue shall be Denton County, Texas, or the United States District Court for the 40 Eastern District of Texas, Sherman Division. 41 7.6 Authority to Sign. 42 Contractor shall attach evidence of authority to sign Agreement if signed by someone other 43 than the duly authorized signatory of the Contractor. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Denton FM2499 944 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 005243-4 Agreement Page 4 of 6 1 2 7.7 Prohibition On Contracts With Companies Boycotting Israel. 3 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 4 Code, the City is prohibited from entering into a contract with a company for goods or 5 services unless the contract contains a written verification from the company that it: (1) 6 does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7 The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms 8 in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 9 certifies that Contractor's signature provides written verification to the City that 10 Contractor. (1) does not boycott Israel, and (2) will not boycott Israel during the term of 11 the contract. 12 13 7.8 Immigration Nationality Act. 14 Contractor shall verify the identity and employment eligibility of its employees who perform 15 work under this Agreement, including completing the Employment Eligibility Verification 16 Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms 17 and supporting eligibility documentation for each employee who performs work under this 18 Agreement. Contractor shall adhere to all Federal and State laws as well as establish 19 appropriate procedures and controls so that no services will be performed by any Contractor 20 employee who is not legally eligible to perform such services. CONTRACTOR SHALL 21 INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, 22 LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY 23 CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, 24 AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right 25 to immediately terminate this Agreement for violations of this provision by Contractor. 26 27 7.9 No Third -Party Beneficiaries. 28 This Agreement gives no rights or benefits to anyone other than the City and the Contractor 29 and there are no third -party beneficiaries. 30 31 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Denton FM2499 945 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 005243-5 Agreement Page 5 of 6 7.10 No Cause of Action Against Engineer. 2 Contractor, its subcontractors and equipment and materials suppliers on the Project or their 3 sureties, shall maintain no direct action against the Engineer, its officers, employees, and 4 subcontractors, for any claim arising out of, in connection with, or resulting from the engineering 5 services performed. Only the City will be the beneficiary of any undertaking by the Engineer. 6 The presence or duties of the Engineer's personnel at a construction site, whether as on-site 7 representatives or otherwise, do not make the Engineer or its personnel in any way 8 responsible for those duties that belong to the City and/or the City's Contractors or other 9 entities, and do not relieve the Contractors or any other entity of their obligations, duties, and 10 responsibilities, including, but not limited to, all construction methods, means, techniques, 11 sequences, and procedures necessary for coordinating and completing all portions of the 12 construction work in accordance with the Contract Documents and any health or safety 13 precautions required by such construction work. The Engineer and its personnel have no 14 authority to exercise any control over any construction contractor or other entity or their 15 employees in connection with their work or any health or safety precautions. 16 17 SIGNATURE PAGE TO FOLLOW 18 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Denton FM2499 946 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 1 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 37 38 39 40 41 42 43 44 45 46 47 005243-6 Agreement Page 6 of 6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated City Manager ("Effective Date"). ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: CI&�TyVAND, CITY ATTORNEY �G� �,Udttan, 46070831 B4AA438... CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 CITY OF DENTON BY: CITY MANAGER CONTRACTOR CENTRAL NORTH CONSTRUCTION, LLC DocuSigned by: �ozo�a+,, �u,,clzez BY: ATMIZED AGENT Jordan Hendrix NAME SENIOR OFFCIER/ VP TITLE 469-569-9781 PHONE NUMBER jhendrix@cncllc.org EMAIL ADDRESS THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. DocuSigned by: Pa&AjA, Gary Packan SIGNATURE PRINTED NAME Director of Parks and Recreation TITLE Parks & Recreation DEPARTMENT Denton FM2499 947 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB SECTION 00 4100 BID FORM TO: Erica Garcia c/o: Purchasing Division 901-B Texas Street Denton, Texas 76209 00 41 00 -1 BID FORM Page I of 3 FOR.: "CITY OF DENTON: PM2499 GREEN RIBBON: LANDSCAPE PLANTING & IRRIGATION" Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2 BIDDER Acknowledgements and Certification 2.1 In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2 Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3 Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4 Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5 Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6 Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised Senrewbor 20. 2018 Denson F7N2494 CSJ 26V -01-026 948 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 004100-2 BID FORM Page 2 of d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 2.7 The Bidder acknowledges and agrees to comply with the requirements of City Ethics Ordinance No. 18-757. 3 Time of Completion 3.1 The Work will be complete for Final Acceptance within 202 days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 3.2 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones) within the times specified in the Agreement. 4 Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form Section — Hard Copy d. Proposal Form Section — Electronic Cony (either included in the Bid, o_ r submitted prior to bid opening via http://detitontx.ionwave.net) e. Vendor Compliance to State Law Non -Resident Bidder, Section 00 43 37 f. Conflict of Interest Affidavit, Section 00 35 13 g. Proposed Subcontractors Forin, Section 00 43 36 h. Bidders Minimum Qualification Statement, Section 00 45 13 i. Corporate Resolution of Authorized Signatories, Section 00 45 43 j. Any additional documents that may be required by Section 12 of the Instructions to Bidders 5 Total Bid Amount 5.1 Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 5.2 It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. Total Bid Amount: CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised Suptember 20, 2013 Denton FiV24PJ CS126NI-01-l1Z6 949 DocuSign Envelope ID: 88129655-7C39-48DA-B11 F-A943204605FB 0041 00-3 BID FORM Page 3 of 3 6 Bid Submittal This Bid is submitted on Se j? yo, -e Z& -K , 202l by the entity named below. Respect ully submitted, r B ignature) (Printed Name) Title: Se_✓N� "'c 6)4 Receipt is acknowledged of Initial the following Addenda: 1-1 Addendum No. 1: cz Addendum No. 2: Addendum No. 3: Addendum No. 4: Addendum No. 5: Company: l P.A/14fP C V,6�,a 00,(\5-1.2c cs-LP, l I,'- Address: C Address: 59+0 (—('n05f2:) u)n State of Incorporation: (`CS Email: ,r -N Ar ; Phone: - CITY Of DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised S grtejubtr ?Q, 2018 I Denion FA412449 CS.12681-01-1126 950 DocuSign Envelope ID: 88129655-7C39-48DA-B11 F-A943204605FB UNIT PRICE BID FORM 951 ITEM DESCRIPTION (SPECIFICATION NO.) PRICES TO BE ITEM NO. ESTIMATED QUANTITY WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 180-6001 0.42 AC PREPARING ROW (1 DOLLARS AND 00 ex CENTS PER AC 192-6081 6425 SY COMPOST MANUFACTURE_ D SOIL CU (PLANTING SOIL) V DOLLARS AND e CENTS PER SY 170-6002 1 LS IRRIGATION SYSTEM TYPE 1 mrL,��� 6V DOLLAaA RS AND q tr) �� �It It, � 'O�•S� (CENTS PERILS 170-6002 1 LS IRRIGATION SYSTEM TYPE 2 huidy4P ! 54 75 (,ne OLLARS AND 4 wo ",t -,Jt { S S CENTS PER LS 170-6002 1 LS IRRIGATION SYSTEM TYPE 3 o ylkxv. � DOLLARS A4-too No Iry �C-✓LLeEr� �Q S S CENTS PER LS O�ISEEDING 190-6001 0.42 AC WlL Fl U occ %� h DOLLARS AND CENTS PER AC 192-6002 2575 EA PLANT MATERIAL (1 GAL) 'rZ C29 DOLLARS AND CENTS PER EA 192-6003 795 EA PLANT MATERIAL 3 GAL iDOLLARS D �� 00 CENTS PER EA ' I i 192-6012 406 CY MULCH - CYPRESS NO -FLOAT DOLLAR AND CENTS PER CY 951 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB UNIT PRICE BID FORM 192-6016 2725 SY PLANTING BED PREP 4k Y`��- DOLLARS AND i Q $ ;CENTS PER SY i 192-6046 83 EA PLANT MATERIAL 3" B'&B DOLLARS AND pE3 CENTS PER EA 192-6046 56 EA PLANT MATERIAL 2" B&B MULTI -TRUNK rACL� DOLLARS AND $(�i� , t�L`cc -�, e� CENTS PER EA 192-6097 896 LF CONCRETE LANDSCAPE EDGE (12") DOLLARS ANI`} CENTS PER LF i 6001 9 MO PLANT MAINTENANCE nn rr�� DOLLARS AND ac to CENTS PER MO 6007 9 Mo IRRIGATION SYSTEM OPERATION MAINTENANCES DOLLARS AND "�•�+�cW� $ 'l $T CENTS PER MO 500 1 LS MOBILIZATION DOLLARS 4NQ $ , J co CENTS PER LS 2001 5 Mo BARRICADES SIGNS AND TRAFFIC DOLLARS $ CENTS PER MO 506-6041 465 LF BIODEGRAE) EARLE EROSION CONTROL LOGS INSTALL fc;t3 DOLLARS AND $ ! ° Qp $ � CENTS PER LF 952 DocuSign Envelope ID: 88129655-7C39-48DA-B11 F-A943204605FB UNIT PRICE BID FORM 506-6043 465 LF BIODEGRADEABLE EROSION CONTROL LOGS REMOVE DOLLARS AND $ V tA4 CENTS PER LF 110-6003 1072 CY GRADING EARTHWORK: 6" EXCAVATION OF SOIL LARS�ND $ $?0,52%� DO CENTS PER CY 618-6034 825 LF BORES DOLLARS AND g 14o-v5 ;CENTS;CENTS PER LF 6001 87 DAY TM�At DOLLARS AND Ep CENTS PER EACH 953 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB SECTION 00 42 44 - UNIT PRICE PROPOSAL FORM CENTRAL NORTH CONSTRUCTION, To. City of Denton - Capital Projects From: 901-B Texas Street 5970 LINDSEY LANE 'F Denton, TX 76209 ALLEN, TEXAS 75002 DENTON <Purchasing Agent>/Purchasing Dept. JORDAN HENDRIX PROD DENTON FM2499 GREEN RIBBON LANDSCAPE & IRRIGATION 469-569-9781 jhendrix .cncllc.org RFP: IFB-7751 CIVV PM <ENG PMO No. if applicable> OFFEROR'S APPLICATION - UNIT PRICE PROPOSAL Item Spec. Section No. Description UOM BID QTY Unit Price Extended Price No. 1 180-6001 PREPARING ROW (12") AC 0.42 $ 45,000.00 $ 18,900.00 2 192-6081 COMPOST MANUF SOIL (6") (PLANTING SOIL) SY 6425.00 $ 5.75 $ 36,943.75 3 170-6002 IRRIGATION SYSTEM TYPE -1 LS 1.00 $ 132,079.50 $ 132,079.50 4 170-6003 IRRIGATION SYSTEM TYPE -11 LS 1.00 $ 126,260.75 $ 126,260.75 5 170-6004 IRRIGATION SYSTEM TYPE -111 LS 1.00 $ 32,817.25 $ 32,817.25 6 180-6001 WILD FLOWER SEEDING AC 0.42 $ 5,000.00 $ 2,100.00 7 192-6002 PLANT MATERIAL (1 GAL) EA 2575.00 $ 7.00 $ 18,025.00 8 192-6003 PLANT MATERIAL (3 GAL) EA 795.00 $ 14.00 $ 11,130.00 9 192-6012 MULCH -CYPRESS NO -FLOAT CY 406.001 $ 50.00 $ 20,300.00 10 192-6016 PLANTING BED PREP SY 2725.00 $ 3.00 $ 81175.00 11 192-6046 PLANT MATERIAL 3" BB EA 83.00 $ 450.00 $ 37,350.00 12 192-6046 PLANT MATERIAL 2" BB (MULTI -TRUNK) EA 56.00 $ 290.00 $ 16,240.00 13 192-6097 CONCRETE LANDSCAPE EDGE (12") LF 896.00 $ 28.00 $ 25,088.00 14 6001 PLANT MAINTENANCE MO 9.001 $ 1,800.00 $ 16,200.00 15 6007 IRRIGATION SYSTEM OPERATION MAINTENANCE MO 9.00 $ 700.00 $ 6,300.00 16 500 MOBILIZATION LS 1.00 $ 24,000.00 $ 24,000.00 17 2001 BARRICADES SIGNS AND TRAFFIC HANDLING MO 5.00 $ 1,800.00 $ 9,000.00 18 506-6041 BIODEGRADEABLE EROSION CONTROL LOGS INSTALL LF 465.00 $ 1.00 $ 465.00 19 506-6043 BIODEGRADEABLE EROSION CONTROL LOGS REMOVE LF 465.00 $ 0.50 $ 232.50 20 110-6003 GRADING EARTHWORK; (6") EXCAVATION OF SOIL CY 1072.00 $ 35.00 $ 37,520.00 21 618-6034 CONDT (PVC) (SCH40) (4") (BORE) LF 825.00 $ 17.00 $ 14,025.00 22 6001 ITMA I DAY 87.00 $ 250.00 $ 21,750.00 Alternate Pro TOTAL BASE PROPOSAL: $614,901.75 i TOTAL BASE PLUS ALTERNATE PROPOSAL: Project Contingency 5% DENTON FM2499 GREEN RIBBON LANDSCAPE IRRIGATION TOTAL PROPOSAL: $614,901.75 $30,746.00 5645,647.75 954 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 0043 37- E VENDOR COMPLIANCE TO STATE LAW Page I of I SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON- RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of business, are required to be Law. A copy of the statute is attached. , our principal place of percent lower than resident bidders by State Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. BIDDER: //yy ewokL 004+k (.a �x�+,`w.ILt By: �elsUJAN � Company (Please Print) SSD UnQ5w L*.,Ns Signature: Address I TX �115DID 2 Title: StA"--;&r ®4twL- City/State/ ip (Please Print) Date: _ %U• 14ZL- I END OF SECTION CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Denton FM2499 CSJ 2681-01-026 955 DocuSlgn Envelope ID: 88129655-7C39-48DA-B11 F-A943204605FB SAM.gov "General Decision Number: TX2O21OO18 07/02/2021 Superseded General Decision Number: TX2O2OOO18 State: Texas Construction Type: Heavy Counties: Collin, Dallas, Denton, Ellis, Kaufman and Rockwall Counties in Texas. Water and Sewer Lines/Utilities (Including Related Tunneling Where the Tunnel is 48"" or Less in Diameter) Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/01/2021 1 07/02/2021 * PLUMO1OO-002 05/01/2021 Rates Fringes Plumbers and Pipefitters......... $ 33.88 13.07 ---------------------------------------------------------------- SUTX1991-004 09/23/1991 Rates Fringes Laborers: Common ......................$ 7.25 Utility .....................$ 7.467 Pipelayer ........................$ 7.828 Power equipment operators: Backhoe .....................$ 10.804 Crane .......................$ 10.942 https://sam.gov/wage-determination/TX2021 0018/1 956 DocuSlgn Envelope ID: 88129655-7C39-48DA-B11 F-A943204605FB SAM.gov Front End Loader ............ $ 9.163 Tunneling Machine (48"" or less) .......................$ 9.163 TRUCK DRIVER .....................$ 8.528 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the E0, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or "'UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUMO198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate https://sam.gov/wage-determination/TX2021 0018/1 957 DocuSlgn Envelope ID: 88129655-7C39-48DA-B11 F-A943204605FB SAM.gov changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the 958 https://sam.gov/wage-determination/TX20210018/1 DocuSlgn Envelope ID: 88129655-7C39-48DA-B11 F-A943204605FB SAM.gov Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION" https://sam.gov/wage-determination/TX20210018/1 959 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on :Tft of Denton_ FM2499 Green Ribbon_ Landscape Planting & 1rr*aat�. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Central North Construction, LLC By: Jordan Hendrix Company (Please Print) 5970 Lindsey Lane Signature: Sj/�" Address Allen, Texas 75002 Title: Senior Officer City/State/Zip (Please Print) THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared Jordan Hendrix , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of Central North Construction, LLC for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of December , 2021 1 *Notarymr1301W 6 °•;:aFP= Fnp+l6,2M Notary Publi 'n an for the tate of Texas END OF SECTION CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Denton FM2499 CSJ 2681-01-026 960 DocuSign Envelope ID: 88129655-7C39-48DA-B11 F-A943204605FB STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 961 DocuSign Envelope ID: 88129655-7C39-48DA-B11 F-A943204605FB 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 Article2 — 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............................................................................................................................ l l Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points........................................................................................................... 11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities...............................................................................................................13 4.05 Hazardous Environmental Condition at Site..............................................................................14 Article 5 — Bonds and Insurance.....................................................................................................................15 5.01 Licensed Sureties and Insurers...................................................................................................15 5.02 Performance, Payment, and Maintenance Bonds.......................................................................15 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6 — Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 962 DocuSign Envelope ID: 88129655-7C39-48DA-B11 F-A943204605FB 6.02 Labor; Working Hours .................................................... 6.03 Services, Materials, and Equipment ............................... 6.04 Project Schedule.............................................................. 6.05 Substitutes and "Or -Equals" ........................................... 6.06 Concerning Subcontractors, Suppliers, and Others........ 6.07 Wage Rates...................................................................... 6.08 Patent Fees and Royalties ............................................... 6.09 Permits and Utilities........................................................ 6.10 Laws and Regulations..................................................... 6.11 Taxes............................................................................... 6.12 Use of Site and Other Areas ........................................... 6.13 Record Documents.......................................................... 6.14 Safety and Protection...................................................... 6.15 Safety Representative...................................................... 6.16 Hazard Communication Programs ................................. 6.17 Emergencies and/or Rectification ................................... 6.18 Submittals........................................................................ 6.19 Continuing the Work ....................................................... 6.20 Contractor's General Warranty and Guarantee .............. 6.21 Indemnification............................................................. 6.22 Delegation of Professional Design Services .................. 6.23 Right to Audit.................................................................. 6.24 Nondiscrimination........................................................... ............................................................19 ............................................................ 20 ............................................................ 20 ............................................................ 21 ............................................................ 23 ............................................................ 24 ............................................................ 25 ............................................................ 26 ............................................................ 26 ............................................................ 27 ............................................................ 27 ............................................................ 28 ............................................................ 29 ............................................................ 29 ............................................................ 30 ............................................................ 30 ............................................................ 30 ............................................................ 31 ............................................................ 32 ............................................................ 32 ............................................................ 33 ............................................................ 34 ............................................................ 34 Article 7 - Other Work at the Site............................................................ 7.01 Related Work at Site............................................................ 7.02 Coordination......................................................................... Article 8 - City's Responsibilities............................................................. 8.01 Communications to Contractor ............................................. 8.02 Furnish Data.......................................................................... 8.03 Pay When Due...................................................................... 8.04 Lands and Easements; Reports and Tests ............................. 8.05 Change Orders....................................................................... 8.06 Inspections, Tests, and Approvals ........................................ 8.07 Limitations on City's Responsibilities ................................. 8.08 Undisclosed Hazardous Environmental Condition .............. 8.09 Compliance with Safety Program ......................................... .......................................... 34 .......................................... 34 .......................................... 35 ..................................... 35 ..................................... 35 ..................................... 35 ..................................... 35 ..................................... 36 ..................................... 36 ..................................... 36 ..................................... 36 ..................................... 36 ..................................... 36 Article 9 - City's Observation Status During Construction..................................................... 9.01 City's Project Manager....................................................................................... 9.02 Visits to Site.......................................................................................................... 9.03 Authorized Variations in Work............................................................................ 9.04 Rejecting Defective Work.................................................................................... 9.05 Determinations for Work Performed.................................................................... 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 963 DocuSign Envelope ID: 88129655-7C39-48DA-B11 F-A943204605FB Article 10 - Changes in the Work; Claims; Extra Work.................................................................. 10.01 Authorized Changes in the Work................................................................................. 10.02 Unauthorized Changes in the Work............................................................................. 10.03 Execution of Change Orders......................................................................................... 10.04 Extra Work.................................................................................................................... 10.05 Notification to Surety.................................................................................................... 10.06 Contract Claims Process............................................................................................... Article 11 - Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement ......................40 11.01 Cost of the Work......................................................................................................................... 40 11.02 Allowances.................................................................................................................................. 43 11.03 Unit Price Work.......................................................................................................................... 43 11.04 Plans Quantity Measurement......................................................................................................45 Article 12 - Change of Contract Price; Change of Contract Time.................................................................45 12.01 Change of Contract Price............................................................................................................ 45 12.02 Change of Contract Time............................................................................................................46 12.03 Delays.......................................................................................................................................... 47 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ......................47 13.01 Notice of Defects........................................................................................................................47 13.02 Access to Work........................................................................................................................... 47 13.03 Tests and Inspections.................................................................................................................. 47 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................49 13.07 Correction Period........................................................................................................................ 50 13.08 Acceptance of Defective Work................................................................................................... 51 13.09 City May Correct Defective Work............................................................................................. 51 Article 14 - Payments to Contractor and Completion.................................................................................... 52 14.01 Schedule of Values...................................................................................................................... 52 14.02 Progress Payments...................................................................................................................... 52 14.03 Contractor's Warranty of Title................................................................................................... 54 14.04 Partial Utilization........................................................................................................................ 54 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance......................................................................................................................... 55 14.07 Final Payment.............................................................................................................................. 55 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................ 56 Article 15 - Suspension of Work and Termination........................................................................................ 57 15.01 City May Suspend Work............................................................................................................. 57 15.02 City May Terminate for Cause................................................................................................... 57 15.03 City May Terminate For Convenience.......................................................................................59 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 964 DocuSign Envelope ID: 88129655-7C39-48DA-B11 F-A943204605FB Article 16 — Dispute Resolution ......... 16.01 Methods and Procedures Article 17 — Miscellaneous ................. 17.01 Giving Notice ................. 17.02 Computation of Times ... 17.03 Cumulative Remedies .... 17.04 Survival of Obligations.. 17.05 Headings ......................... CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 61 61 62 62 62 62 63 63 965 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 1 of 63 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. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 966 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 2 of 63 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. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 967 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 3 of 63 24. Damage Claims — A demand for money or services arising from the Project or Site from a third parry, 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. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 968 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 4 of 63 37. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 38. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 39. Major Item – An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 40. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 41. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 42. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 43. PCBs—Polychlorinated biphenyls. 44. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 45. Plans – See definition of Drawings. 46. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 47. Project—The Work to be performed under the Contract Documents. 48. Project Manager —The authorized representative of the City who will be assigned to the Project. 49. Project Manual – The documentary information prepared for bidding and furnishing the Work. A listing of the contents of the Project Manual is contained in its Table of Contents. 50. Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 969 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 5 of 63 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 Contractor's Applications for Payment. 56. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 57. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 970 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 6 of 63 supplements these General Conditions. 64. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 65. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 66. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 67. Weekend Working Hours — Hours between 8:00 a.m. and 8:30 p.m., Saturday, and between 1:00 p.m. and 8:30 p.m. Sunday or legal holiday, as approved in advance by the City. 68. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 69. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 8 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 971 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 7 of 63 1. The word "defective," 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 City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and three (3) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstr action Conference CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 972 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 8 of 63 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 parry makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being 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 "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 973 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 9 of 63 Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere 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. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy 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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 974 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 10 of 63 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: Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Drawings shall govern over Specifications, and Supplementary Conditions shall govern over General Conditions and Specifications. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 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. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 975 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 11 of 63 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 parry. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 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. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 976 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 12 of 63 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the 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. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 977 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 13 of 63 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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 978 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 14 of 63 which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized.• Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by 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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 979 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 15 of 63 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 City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security 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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 980 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB Acceptance by the City. 007200-1 GENERAL CONDITIONS Page 16 of 63 C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. The bonds must be dated on, or after, the date of the Contract. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, 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. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 981 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 17 of 63 insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, or self -finding, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on first -dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits 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. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 982 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 18 of 63 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, liability under an insured contract, and explosion/collapse/underground (where those exposures exist). Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 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. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 983 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 19 of 63 E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent Superintendent, who is proficient in English, and who shall not be replaced without written notice to City. If at any time the Superintendent is not satisfactory to the City, Contractor shall, if requested by City, replace the Superintendent with another satisfactory to City. C. Contractor shall notify the City 24 hours prior to moving areas during 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 City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours, request must be made by noon at least two (2) Business CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 984 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 20 of 63 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. 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 0132 16. 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. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 985 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 6.05 Substitutes and "Or -Equals " 007200-1 GENERAL CONDITIONS Page 21 of 63 A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or -Equal " Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to the City. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it may be submitted as a 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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 986 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 22 of 63 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 0125 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 Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 987 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 23 of 63 proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other 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 Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 988 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 24 of 63 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 31 st 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 City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 989 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 25 of 63 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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 990 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 26 of 63 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 6.09.13. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits 5. Texas Department of Licensing and Regulation (TDLR) Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be 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 Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 991 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 27 of 63 to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Rulings applicable to Texas Tax Code, Subchapter H. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with all applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information maybe 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: 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. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 992 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 28 of 63 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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 993 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 29 of 63 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 City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 994 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 30 of 63 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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 995 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 31 of 63 submittal for the limited purposes required by Paragraph 6.18.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or 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. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 996 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 32 of 63 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 997 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 33 of 63 Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design 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 professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 998 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 6.23 Right to Audit 007200-1 GENERAL CONDITIONS Page 34 of 63 A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial 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 City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 999 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 35 of 63 Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8 — CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1000 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 8.04 Lands and Easements; Reports and Tests 007200-1 GENERAL CONDITIONS Page 36 of 63 City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Manager or Duly Authorized Representative City will provide a Project Manager or duly authorized representative during the construction period. The duties and responsibilities and the limitations of authority of City's Project Manager or duly appointed representative during construction are set forth in the Contract Documents. City's Project Manager for this Contract is as set forth in the Supplementary Conditions. City will establish a duly authorized representative at the Preconstruction Meeting in accordance with Section 0131 19. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1001 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 9.02 Visits to Site 007200-1 GENERAL CONDITIONS Page 37 of 63 A. City will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City will determine, in general, if the 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. City's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's visits and observations are subject to all the limitations on authority and responsibility set forth in Paragraph 8.07. Particularly, but without limitation, during or as a result of City's visits or observations of Contractor's Work, City will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Authorized Variations in Work City's Project Manager or duly authorized representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Manager or duly authorized representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Manager or duly authorized representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1002 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 38 of 63 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall proceed with the Work involved only upon receiving written notice from City. Extra Work will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.0l.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Dispute of Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1003 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 39 of 63 cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1004 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 40 of 63 adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. D. City's written action under Paragraph 10.06.0 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 11.01.13, 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 11.01.13, 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; CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1005 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 41 of 63 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 Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and 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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1006 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 42 of 63 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 Contractor's fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0I.A.1 or specifically covered by Paragraph 11.0I.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1007 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 43 of 63 shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1008 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 44 of 63 C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 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. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1009 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 45 of 63 11.04 Plans Quantity Measurement for Unclassified Excavation or Embankment A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. E. For callout work or non -site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 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 12.0l.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 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1010 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 46 of 63 fee for overhead and profit (determined as provided in Paragraph 12.0 I.Q. C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0l.A.1, 11.0l.A.2. and 11.0l.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.0l.A.4 and 11.0l.A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.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 11.0I.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 11.0l .A.6, and 11.0 LB; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of 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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1011 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 47 of 63 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 Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be 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 Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any 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, CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1012 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 48 of 63 pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for 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 ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1013 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 13.04 Uncovering Work 007200-1 GENERAL CONDITIONS Page 49 of 63 A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 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, CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1014 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 50 of 63 Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 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 City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1015 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 51 of 63 If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1016 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 52 of 63 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 Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1017 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 53 of 63 of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the 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. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1018 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 54 of 63 F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Claims have been made against City on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; c. there are other items entitling City to a set-off against the amount recommended; or d. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1019 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 14.03 Contractor's Warranty of Title 007200-1 GENERAL CONDITIONS Page 55 of 63 Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. City will promptly schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. City reserves the right to deny request for Final Inspection if City determines that the entire Work is not sufficiently complete to warrant a Final Inspection. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1020 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 56 of 63 14.07 Final Payment A. Application for Payment: 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 City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or 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. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1021 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 57 of 63 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: CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1022 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 58 of 63 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04. 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1023 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 59 of 63 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. 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. 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 15.02.13, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1024 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 60 of 63 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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1025 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 61 of 63 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): completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1026 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 62 of 63 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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1027 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007200-1 GENERAL CONDITIONS Page 63 of 63 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. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 1028 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions 00 73 00 - 1 SUPPLEMENTARY CONDITIONS Page 1 of 6 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC -4.01A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC -4.01A.1., "Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of 07129121: Outstanding Right -Of -Way, and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION NONE The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC -4.01A.2, "Availability of Lands" Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of 07/29/21 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Denton FM2499 CSJ 2681-01-026 1029 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 6 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT NONE The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. SC -4.02A., "Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: NONE SC -4.06A., "Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: NONE SC -5.03A., "Certificates of Insurance" The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. (1) City (2) Consultant: [Insert full legal name of Engineering Company(s) or Architect(s) performing construction phase services. If none then write "None'] (3) Other: [Insert full legal name of additional entity(s) that City requires to be an additional insured, i.e. Landowner, Railroad, Etc. If none then write "None' J [Obtain approval for the limits shown for SC 5.04A thru 5.04D. from City before finalizing Contract Documents] SC -5.04A., "Contractor's Insurance" The limits of liability for the insurance required by Paragraph GC -5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: 5.04A. Workers' Compensation, under Paragraph GC -5.04A. Statutory limits Employer's liability $100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease -policy limit SC -5.04B., "Contractor's Insurance" 5.04B. Commercial General Liability, under Paragraph GC -5.04B. Contractor's Liability Insurance under Paragraph GC -5.04B., which shall be on a per project basis covering the Contractor with minimum limits of - $1,000,000 f $1,000,000 each occurrence $2,000,000 aggregate limit CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Denton FM2499 CSJ 2681-01-026 1030 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 6 The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., "Contractor's Insurance" 5.04C. Automobile Liability, under Paragraph GC -5.04C. Contractor's Liability Insurance under Paragraph GC -5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. $1, 000, 000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person / $500,000 Bodily Injury per accident / $100,000 Property Damage SC -5.04D., "Contractor's Insurance" The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks, or perform work within 25 feet of the center line of tracks - NONE The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: (1) General Aggregate: (2) Each Occurrence: Required for this Contract $Confirm Limits with Railroad $Confirm Limits with Railroad X Not required for this Contract With respect to the above outlined insurance requirements, the following shall govern: 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Denton FM2499 CSJ 2681-01-026 1031 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007300-4 SUPPLEMENTARY CONDITIONS Page 4 of 6 2. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of-way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at - grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. SC -6.09., "Permits and Utilities" SC -6.09A., "Contractor obtained permits and licenses" NONE SC -6.09B. "City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: NONE SC -6.09C. "Outstanding permits and licenses" The following is a list of known outstanding permits and/or licenses to be acquired, if any as of- NONE £NONE Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION NONE SC -6.24B., "Title VI, Civil Rights Act of 1964 as amended" During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance with Regulations: The Contractor shall comply with the Regulation relative to nondiscrimination in Federally -assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, CITY OF DENTON Denton FM2499 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ2681-01-026 Revised September 20, 2018 1032 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 6 (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin, in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontactor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by City or the Texas Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the City, or the Texas Department of Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, City shall impose such contract sanctions as it or the Texas Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the Contract until the Contractor complies, and/or b. cancellation, termination or suspension of the Contract, in whole or in part. 6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as City or the Texas Department of Transportation may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request City to enter into such litigation to protect the interests of City, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Additional Title VI requirements can be found in the Appendix. SC -7.02., "Coordination" The individuals or entities listed below have contracts with the City for the performance of other work at the Site: NONE Vendor Scope of Work Coordination Authority NONE NONE NONE CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Denton FM2499 CSJ 2681-01-026 1033 DocuSign Envelope ID: 88129655-7C39-48DA-B11F-A943204605FB 007300-6 SUPPLEMENTARY CONDITIONS Page 6 of 6 SC -8.01, "Communications to Contractor" NONE SC -9.01., "City's Project Manager" The City's Project Manager for this Contract is Jason Donnell or his/her successor pursuant to written notification from the City Engineer. SC -13.03C., "Tests and Inspections" NONE SC -16.01C.1, "Methods and Procedures" <List any dispute resolution process that may govern for this Contract other than that providedfor Article 16 of the General Conditions, if none then write "None "> END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 20, 2018 Denton FM2499 CSJ 2681-01-026 1034 DocuSign Envelope ID: 88129655-7C39-48DA-B11 F-A943204605FB CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. Central North Construction, LLC 2 El Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 1 Name of local government officer about whom the information in this section is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relations hip with the local government officer. This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? F—x] Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? = Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Fx ] Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 ❑I have no Conflict of Interest to disclose. 5 DocuSigned by: 1/11/2022 4B53C80 90304 9... Signature o ven or doing business with the governmental entity Date 1035 DocuSign Envelope ID: 88129655-7C39-48DA-B11 F-A943204605FB CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12 -month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12 -month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/20 1 036 Certificate Of Completion Envelope Id: 881296557C3948DAB 11 FA943204605FB Subject: Please DocuSign: City Council Contract 7751 Source Envelope: Document Pages: 96 Signatures: 4 Certificate Pages: 6 Initials: 1 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Record Tracking Status: Original 1/7/2022 11:42:16 AM Signer Events Erica Garcia erica.garcia@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) 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) Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Catherine Clifton, Interim City Attorney City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jordan Hendrix jhendrix@cncllc.org SENIOR OFFCIER/ VP Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 1/11/2022 11:21:06 AM ID:b895cfa3-c27c-4133-97ed-a70e30d9c41c Holder: Erica Garcia erica.garcia@cityofdenton.com Signature Completed Using IP Address: 198.49.140.104 EiDS Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 DocuSigned by: C 8 RA 43 Signature Adoption: Pre -selected Style Using IP Address: 68.191.210.54 EY DocuSigned by: do- WGw� 4B53C80B90304F9... Signature Adoption: Pre -selected Style Using IP Address: 47.190.36.19 DocuSign Status: Sent Envelope Originator: Erica Garcia 901 B Texas Street Denton, TX 76209 erica.garcia@cityofdenton.com IP Address: 198.49.140.104 Location: DocuSign Timestamp Sent: 1/7/2022 11:43:17 AM Viewed: 1/7/2022 11:43:23 AM Signed: 1/7/2022 11:43:48 AM Sent: 1/7/2022 11:43:52 AM Viewed: 1/7/2022 11:45:04 AM Signed: 1/7/2022 11:45:33 AM Sent: 1/7/2022 11:45:38 AM Viewed: 1/7/2022 1:30:17 PM Signed: 1/7/2022 1:30:32 PM Sent: 1/7/2022 1:30:38 PM Resent: 1/11/2022 11:16:50 AM Viewed: 1/11/2022 11:21:06 AM Signed: 1/11/2022 11:21:39 AM 1037 Signer Events Gary Packan Gary. Packan@cityofdenton.com Director of Parks and Recreation Parks and Recreation Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 1/11/2022 11:42:34 AM ID: 7242322f-4c99-405c-9565-ee9745 b24f06 Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 1/10/2022 1:46:37 PM ID:cc7603fb-61fb-4b43-bdd7-4ae6cbf62152 In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature by: ED—Sign1d S9F7A42 Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.10 Signature Status Status Status Status Status COPIED Timestamp Sent: 1/11/2022 11:21:43 AM Viewed: 1/11/2022 11:42:34 AM Signed: 1/11/2022 12:17:15 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 1/7/2022 11:43:52 AM 1038 Carbon Copy Events Status Timestamp Gretna Jones Sent: 1/11/2022 12:17:19 PM gretna.jones@cityofdenton.com ED Viewed: 1/11/2022 12:44:09 PM Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jason Donnell Jason.Donnell@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/7/2022 11:43:17 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure 1039 Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Jordan Hendrix, Gary Packan, Rosa Rios ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. 1040 How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetSca e 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: -Allow per session cookies -Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. 1041 Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. 1042 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-153, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with LJA Engineering, Inc., for signal re -timing consulting services along University Drive (US 380) from IH 35 to North Bell Avenue for the Traffic and Engineering Department as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7292-004 - Professional Services Agreement for consulting services awarded to LJA Engineering, Inc., in the not -to -exceed amount of $97,500.00). City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legista 1043 1%,1001110, DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with LJA Engineering, Inc., for signal re -timing consulting services along University Drive (US 380) from IH 35 to North Bell Avenue for the Traffic and Engineering Department as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7292-004 — Professional Services Agreement for consulting services awarded to LJA Engineering, Inc., in the not -to -exceed amount of $97,500.00). INFORMATION/BACKGROUND In September of 2019 staff evaluated the need for traffic signal re -timing for efficient traffic progression, reduced stop delays, main lane reduction congestion, and to provide safe mobility for all modes of transportation. This project was put on hold during COVID-19 due to altered traffic patterns caused by the pandemic. Staff re-initiated the signal re -timing project process after traffic patterns normalized to assess and address issues along the US 380 corridor. The proposed contract is for professional engineering consulting services, the estimated contract not -to -exceed of $97,500 includes eleven intersections. The Traffic Operations Department will be responsible for the implementation of the signal timing recommendations from the consultant study. Below is a list of the eleven signalized intersections included in the project. 1. I-35 2. Town Center 3. Bonnie Brae 4. Malone 5. Carroll 6. Elm 7. Locust 8. Bell 9. Alice 10. Fulton 11. Heritage Trail (not currently signalized) Request for Qualifications for professional transportation engineering services was solicited using the City's formal solicitation process. City Council approved a pre -qualified list of engineering firms on March 23, 2021 (Ordinance 21-554). 1044 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 23, 2021, Council approved RFQ 7292 for a prequalified list of professional transportation engineering firms (Ordinance 21-554). RECOMMENDATION Award a contract with LJA Engineering, Inc., for signal re -timing consulting services along University Drive (US 380) from IH 35 to North Bell Avenue for the Traffic and Engineering Department, in a not -to - exceed amount of $97,500. PRINCIPAL PLACE OF BUSINESS LJA Engineering, Inc. Houston, TX ESTIMATED DESIGN SCHEDULE OF PROJECT This project will be started upon approval with a completion date within 180 to 240 days. FISCAL INFORMATION These services will be funded from General Government Project Funds. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Becky Diviney, 940-349-8461. Legal point of contact: Marcella Lunn at 940-349-8333. 1045 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LJA ENGINEERING, INC., FOR SIGNAL RE -TIMING CONSULTING SERVICES ALONG UNIVERSITY DRIVE (US 380) FROM IH 35 TO NORTH BELL AVENUE FOR THE TRAFFIC AND ENGINEERING DEPARTMENT AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7292-004 — PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES AWARDED TO LJA ENGINEERING, INC., IN THE NOT -TO -EXCEED AMOUNT OF $97,500.00). WHEREAS, on March 23, 2021, the City Council approved a pre -qualified professional services list of state certified Transportation Engineers for various improvements and public safety- related projects within the City of Denton (Ordinance 21-554), and the professional services provider (the "Provider") mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees published by the professional associations applicable to the Provider's profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or their designee, is hereby authorized to enter into an agreement with to LJA Engineering, Inc., to provide professional consulting services for the City of Denton, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager, or their designee, is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. 1046 The motion to approve this ordinance was made by and seconded by . This ordinance was passed and approved by the following vote Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY :• APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City of Denton, ► ,J nI`' i1 ' BY: 11 iib b email=marcelia.lunn@cityofdent _ an rnm r—I" Date: 2022.01.0616:33:30 -06'00' 1047 DocuSign Envelope ID: 8663A35C-D8A1-4472-8138F-1926918B44D9 I CITY OF DENTON Docusign City Council Transmittal Coversheet PSA 7292-004 File Name Signal Re -Timing Project Purchasing Contact Cori Power City Council Target Date Piggy Back Option Not Applicable Contract Expiration Ordinance DS IA 1048 DocuSign Envelope ID: 8663A35C-D8A1-4472-8B8F-1926918B44D9 CITY OF DENTON, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Denton, a Texas home -rule municipality ("CITY"), and LJA Engineering. Inc.. with its corporate office at 3600 W Sam Houston Pkwy S #600, Houston, TX 77042 and authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: US 380 Signal Re -Timing (the "PROJECT"). SECTION 1 Scope of Services A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees to perform, professional engineering services set forth in the Scope of Services attached hereto as Attachment A. These services shall be performed in connection with the PROJECT. B. Additional services, if any, will be requested in writing by the CITY. CITY shall not pay for any work performed by ENGINEER or its consultants, subcontractors and/or suppliers that has not been ordered in advance and in writing. It is specifically agreed that ENGINEER shall not be compensated for any additional work resulting from oral orders of any person. SECTION 2 Compensation and Term of Agreement A. The ENGINEER shall be compensated for all services provided pursuant to this AGREEMENT in an amount not to exceed $97,500 in the manner and in accordance with the fee schedule as set forth in Attachment A. Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment A. B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall be for a term beginning upon the effective date, as described below, and shall continue for a period which may reasonably be required for the completion of the PROJECT, until the expiration of the funds, or completion of the PROJECT and acceptance by the CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to completion as described in the PROJECT schedule as set forth in Attachment A. SECTION 3 Terms of Payment Payments to the ENGINEER will be made as follows: City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 1 of 18 1049 DocuSign Envelope ID: 8663A35C-D8A1-4472-8138F-1926918B44D9 A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in the PROJECT schedule as set forth in Attachment A to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices for the uncontested performance of the particular services are due and payable within 30 days of receipt by City. (3) Upon completion of services enumerated in Section 1, the final payment of any balance for the uncontested performance of the services will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. SECTION 4 Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this AGREEMENT, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 2 of 18 1050 DocuSign Envelope ID: 8663AMC-D8A1-4472-8138F-1926918B44D9 (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY upon payment in full for all undisputed amounts owed to ENGINEER for services rendered. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the AGREEMENT Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 3 of 18 1051 DocuSign Envelope ID: 8663AMC-D8A1-4472-8138F-1926918B44D9 (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the AGREEMENT Documents, nor shall anything in the AGREEMENT Documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of adeviation from the AGREEMENT Documents, the ENGINEER shall inform theCITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the AGREEMENT Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance withAttachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 4 of 18 1052 DocuSign Envelope ID: 8663A35C-D8A1-4472-8138F-1926918B44D9 the construction contractor has completed the work in exact accordance with the AGREEMENT Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this AGREEMENT, have access to and the right toexamine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this AGREEMENT. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 5 of 18 1053 DocuSign Envelope ID: 8663AMC-D8A1-4472-8138F-1926918B44D9 J. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any (or such insurance should have a blanket additional insured endorsement). This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy,unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this AGREEMENT. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this AGREEMENT or under any applicable auto physical damage coverage. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 6 of 18 1054 DocuSign Envelope ID: 8663AMC-D8A1-4472-8138F-1926918B44D9 Workers' Compensation — ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this AGREEMENT. c. Professional Liability —ENGINEER shall maintain professional liability, a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the AGREEMENT or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the AGREEMENT. An annual certificate of insurance specifically referencing this PROJECT shall be submitted to the CITY for each year following completion of the AGREEMENT. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear (or such insurance should have a blanket additional insured endorsement). The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or non -renewal material change incoverage shall be provided to the CITY. A ten (10) City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 7 of 18 1055 DocuSign Envelope ID: 8663AMC-D8A1-4472-8138F-1926918B44D9 days notice shall beacceptable in the event of non-payment of premium. Notice shall be sentto the respective Department Director (by name), City of Denton, 901 Texas Street, Denton, Texas 76209. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. The deductible will not exceed any amount which may impair the ENGINEER's ability to meet its financial obligations under the insurance policy. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicatedfinancial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. n. To the fullest extent permitted by law, ENGINEER's total liability to CITY City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 8 of 18 1056 DocuSign Envelope ID: 8663A35C-D8A1-4472-8B8F-1926918B44D9 or any other party claiming by or through this Agreement for any and all claims, losses, expenses or damages whatsoever arising out of or in any way related to the Services or this AGREEMENT from any causes including, but not limited to, ENGINEER's negligence, errors, omissions, strict liability, or breach of contract and whether claimed directly or by way of contribution shall not exceed the limits of applicable insurance required herein. K. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. L. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this AGREEMENT and prior to final payment under the AGREEMENT. M. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. N. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this AGREEMENT which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 9 of 18 1057 DocuSign Envelope ID: 8663AMC-D8A1-4472-8138F-1926918B44D9 O. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment A to this AGREEMENT. P. Equal Opportunity (1) Equal Employment Opportunity: ENGINEER and ENGINEER's agents shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this AGREEMENT. (2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and ENGINEER's agents shall not engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. SECTION 5 Obligations of the City A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 10 of 18 1058 DocuSign Envelope ID: 8663AMC-D8A1-4472-8138F-1926918B44D9 The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the PROJECT schedule prepared in accordance with Attachment A. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. Inconsideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the PROJECT. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 11 of 18 1059 DocuSign Envelope ID: 8663A35C-D8A1-4472-8B8F-1926918B44D9 (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this AGREEMENT. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/Installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. SECTION 6 General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 12 of 18 1060 DocuSign Envelope ID: 8663AMC-D8A1-4472-8138F-1926918B44D9 All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated: a. by the City for its convenience upon 30 days' written notice to ENGINEER. b. by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a. Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b. Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c. The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 13 of 18 1061 DocuSign Envelope ID: 8663A35C-D8A1-4472-8B8F-1926918B44D9 The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904, THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS REASONABLE ATTORNEY'S FEES IN PROPORTION TO THE ENGINEER'S LIABILITY. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Denton County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F., 6.B., 6.D., 6.F., 6.H., and 6.1. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 14 of 18 1062 DocuSign Envelope ID: 8663A35C-D8A1-4472-8B8F-1926918B44D9 ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION, WHETHER IT BE BY ITSELF OR ITS EMPLOYEES. K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this AGREEMENT, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this AGREEMENT for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this AGREEMENT, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the AGREEMENT. Failure to meet or maintain the requirements under this provision will be considered a material breach. M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this AGREEMENT, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER, pursuant to Chapter 2252, is not ineligible to enter into this AGREEMENT and will not become ineligible to receive payments under this AGREEMENT by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 15 of 18 1063 DocuSign Envelope ID: 8663AMC-D8A1-4472-8138F-1926918B44D9 N. Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Engineer submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Engineer will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at: https://www.ethics.state.tx. us/whatsnew/elf_info_form 1295. htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 — Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven business days. O. Prohibition Against Personal Interest In Contracts No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as defined in the City's Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Engineer shall complete and submit the City's Conflict of Interest Questionnaire. P. Agreement Documents This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 16 of 18 1064 DocuSign Envelope ID: 8663A35C-D8A1-4472-8138F-1926918B44D9 executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services, Compensation, and Project Schedule These documents make up the AGREEMENT documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall be resolved by giving precedence first to the written AGREEMENT then to the AGREEMENT documents in the order in which they are listed above. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 17 of 18 1065 DocuSign Envelope ID: 8663A35C-D8A1-4472-8B8F-1926918B44D9 Duly executed by each party's designated representative to be effective on the date subscribed by the City Manager. ENGINEER BY: FSigned by: �a %X60, A SIGNATURE Printed Name: Kenneth Schrock Title: Senior Vice President 5129835909 PHONE NUMBER kschrock@lja.com EMAIL ADDRESS 2021-829056 TEXAS ETHICS COMMISSION 1295 CERTIFICATE NUMBER CITY OF DENTON, TEXAS ATTEST: ROSA RIOS, CITY SECRETARY i APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY DocuSigned by: BY: D�aVGL�a (,a It 4B070831 B4AA438... THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations andbusiness terms. DocuSigned by: ��crcz Devi e7 7 7 CE9F2B4E19fj7p�Fk. AT V RE Rebecca Diviney PRINTED NAME Director of capital Projects/city Engineer TITLE capital Projects/Engineering DEPARTMENT City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 18 of 18 1066 DocuSign Envelope ID: 8663A35C-D8A1-4472-8138F-1926918B44D9 ATTACHMENT "A" LA14 2700 La Frontera, Suite 150, Round Rock, Texas 78681 LJA ENGINEERING t 512.767.7300 LJA.com TBPE F-1386 PROPOSAL October 13, 2021 City of Denton Attn: Rebecca Diviney, PE401 N Elm Street Denton, Texas 76201 Re: Proposal for Engineering Services for US 380 Signal Re -Timing Scope of Services LJA Proposal No. TBD Dear Mrs. Diviney, LJA Engineering, Inc. ("LJA") is pleased to provide the City of Denton with scope of services & fee for traffic signal retiming of 11 signalized intersections along US 380, in Denton, Texas. Our proposed traffic signal timing services will include data collection, signal timing development and implementation, and finally a report consisting of before and after condition. As requested, LJA team will develop two (2) sets of timing plans under two different tasks. The first task (TASK 1) would provide signal timing development and implementation for Fall/Spring season and second task (TASK 2) would do the same but for Summer season. For each set of plans, up to four (4) signal timing plans will be developed and implemented. Timing plans will be developed, implemented and fine-tuned for AM peak, Noon, PM, and Off-peak for both weekdays and weekends. Please note, to ensure most effective and efficient timing plans that represent traffic pattern and demand for the season, two sets of traffic counts will be collected, one during Fall/Spring season and another during Summer season. SCOPE OF SERVICES TASK 1. FALL/SPRING SIGNAL TIMING PLANS LUMP SUM FEE: $62,500.00 1. DATA COLLECTION a. Existing and Background Information • Collect all available basic information for identified intersections • Conduct a field visit and gather additional information such as adjacent land use, roadway characteristics, intersection controller's traffic signal parameters, access conditions, etc. Reach out to the maintaining agency and gather existing signal timings and signal operating plans. City of Denton October 13, 2021 1067 DocuSign Envelope ID: 8663AMC-D8A1-4472-8138F-1926918B44D9 Page 2 b. Existing Traffic Data Collection • Bi-directional 24-hour collect bi-directional traffic counts along US 380 for a typical Fall/Spring weekday and weekend • Peak -hour turning movement counts at all 11 signalized intersections, including AM, Noon, PM, and Off -Peak for weekdays and weekends. • Corridor travel time survey • Utilize traffic count data to assess existing conditions and key performance indicators to develop an existing traffic analysis base model network using Trafficware's Synchro 11 traffic operational analysis software. 2. FIELD EVALUATION OF SIGNAL OPERATIONS AND MODIFICATION RECOMMENDATION a. Field visit at each signalized intersection to assess signal operation to identify needs for modifications that has potential to improve signal operation, or intersection capacity and safety. 3. SIGNAL TIMING DEVELOPMENT & IMPLEMENTATION a. Perform the following tasks as part of traffic analysis and signal timing development • Review bi-directional volume counts and identify peak periods (AM, mid-day, PM peaks) for both weekdays and weekends) • Evaluate existing operating conditions at intersections and along the corridor and establish base conditions, and calibrate model using corridor travel time survey results • Develop Synchro database for all individual intersections and the network • Develop optimal signal timings (cycle length, splits, offsets, time of day schedule, clearance intervals, pedestrian timings, etc.) for different peaks and weekend • Develop time space diagrams and establish signal offsets for signal coordination • Provide in -field fine tuning and implementation support. • Conduct a post- implementation travel time survey to evaluate benefits/improvements. 4. DOCUMENTATION a. Document methodology, analysis and recommendation for the signal timing in a following technical reports • Signal Timings Study Technical report 5. COORDINATION AND APPROVALS a. Coordinate with City of Denton representative to gather consensus on proposed signal timing improvements, potential improvements to signal infrastructure (if any), methodology and analysis tools that would be utilized for preparing the 1068 DocuSign Envelope ID: 8663AMC-D8A1-4472-8138F-1926918B44D9 City of Denton October 13, 2021 Page 3 Reports. LJA will coordinate with City of Denton for approval. b. LJA will prepare and submit the initial Signal Timing Study Technical report within eight (8) weeks after the notice to proceed and a signed copy of the proposal is received from the client. Up on receiving any comments from the City, LJA will review, revise and submit a final Signal Timings Study Technical report within four (4) weeks. TASK 2. SUMMER SIGNAL TIMING PLANS LUMP SUM FEE: $35,000.00 1. DATA COLLECTION a. Existing and Background Information • Will utilize what's already in database from Task 1 b. Existing Traffic Data Collection • Bi-directional 24-hour collect bi-directional traffic counts along US 380 for a typical Summer weekday and weekend • Peak -hour turning movement counts at all 11 signalized intersections, including AM, Noon, PM, and Off -Peak for weekdays and weekends. • Corridor travel time survey • Utilize traffic count data to assess existing conditions and key performance indicators to develop an existing traffic analysis base model network using Trafficware's Synchro 11 traffic operational analysis software. 2. FIELD EVALUATION OF SIGNAL OPERATIONS AND MODIFICATION RECOMMENDATION a. Field visit to each signalized intersection to assess signal operation. (Please note that recommendation to modify signal indications were submitted as part of Task 1. However, field evaluation will be performed and additional modifications will be recommended if needed.) 3. SIGNAL TIMING DEVELOPMENT & IMPLEMENTATION a. Perform the following tasks as part of traffic analysis and signal timing development b. Review bi-directional volume counts and identify peak periods (AM, Noon, PM, and Off -Peak) for both weekdays and weekends c. Evaluate existing operating conditions at intersections and along the corridor and establish base conditions, and calibrate model using corridor travel time survey results d. Develop Synchro database for all individual intersections and the network e. Develop optimal signal timings (cycle length, splits, offsets, time of day schedule, clearance intervals, pedestrian timings, etc.) for different peaks and weekend f. Develop time space diagrams and establish signal offsets for signal coordination 1069 DocuSign Envelope ID: 8663AMC-D8A1-4472-8138F-1926918B44D9 g h City of Denton October 13, 2021 Page 4 Provide in -field fine tuning and implementation support. Conduct a post- implementation travel time survey to evaluate benefits/improvements. 4. DOCUMENTATION a. Document methodology, analysis and recommendation for the signal timing in a following technical reports • Signal Timings Study Technical report 5. COORDINATION AND APPROVALS a. Coordinate with City of Denton representative to gather consensus on proposed signal timing improvements, potential improvements to signal infrastructure (if any), methodology and analysis tools that would be utilized for preparing the Reports. LJA will coordinate with City of Denton for approval. b. LJA will prepare and submit the initial Signal Timing Study Technical report within six (6) weeks after the notice to proceed and a signed copy of the proposal is received from the client. Up on receiving any comments from the City, LJA will review, revise and submit a final Signal Timings Study Technical report within four (4) weeks. COMPENSATION LJA proposes to provide services for Task 1 and Task 2 for a lump sum fee. Compensation for Lump Sum Fee tasks will be billed as a percentage of the task completed. Any services requested by the Client not included above or changes requested by Client will be provided as an additional service with an amendment of this contract. If this proposal meets with your approval, your signature below will be sufficient authorization to commence the stated work. We appreciate the opportunity to submit this proposal and look forward to working with you. If you have any questions, please contact Ali Mozdbar, P.E., PTOE at 512.767.7343. Sincerely, Ali Mozdbar, PE, PTOE Senior Project Manager ACCEPTED BY: CITY OF DENTON SIGNED: NAME: TITLE: DATE: 1070 DocuSign Envelope ID: 8663A35C-D8A1-4472-8138F-1926918B44D9 Exhi bi t CIQ CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. LJA Engineering, Inc. 2 El Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 1 business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 1 Name of local government officer about whom the information in this section is being disclosed. NA Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? = Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes = No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? = Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. NA 4 ❑x I have no Conflict of Interest to disclose. 5 Docuby: GUSigned/ �wt— 1/6/2022 Sig MWW� WM ming business with the governmental entity Date 1071 Certificate Of Completion Envelope Id: 8663A35CD8Al44728B8Fl926918B44D9 Subject: Please DocuSign: City Council Contract 7292-004 Signal Re -Timing Project Source Envelope: Document Pages: 24 Signatures: 4 Certificate Pages: 6 Initials: 1 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Record Tracking Status: Original 1/4/2022 3:00:42 PM Signer Events Cori Power cori.power@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) 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) Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Catherine Clifton, Interim City Attorney City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Ken Schrock kschrock@Ija.com Sr. Vice President Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 1/5/2022 11:56:44 AM ID:69af5b95-0636-48ee-92c1-ba7905c718a8 Holder: Cori Power cori.power@cityofdenton.com Signature Completed Using IP Address: 198.49.140.104 EiDS Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 DocuSigned by: C 8 RA 43 Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 ED*,"Si,n,d by: 465ABB3B488ME6... Signature Adoption: Pre -selected Style Using IP Address: 170.55.94.226 DocuSign Status: Sent Envelope Originator: Cori Power 901 B Texas Street Denton, TX 76209 cori.power@cityofdenton.com IP Address: 198.49.140.104 Location: DocuSign Timestamp Sent: 1/4/2022 4:12:06 PM Viewed: 1/4/2022 4:12:16 PM Signed: 1/4/2022 4:13:23 PM Sent: 1/4/2022 4:13:28 PM Viewed: 1/4/2022 4:50:54 PM Signed: 1/4/2022 4:51:51 PM Sent: 1/4/2022 4:51:57 PM Viewed: 1/5/2022 10:59:57 AM Signed: 1/5/2022 11:25:53 AM Sent: 1/5/2022 11:25:57 AM Viewed: 1/5/2022 11:56:44 AM Signed: 1/6/2022 12:58:58 PM 1072 Signer Events Signature Timestamp Rebecca Diviney by: Sent: 1/6/2022 12:59:02 PM Rebecca.Diviney@cityofdenton.com`�"" EDIIIS11"Id ` `"`� Viewed: 1/6/2022 1:53:53 PM Director of Capital Projects/City Engineer CE9F2B4E4B6745F Signed: 1/6/2022 1:54:22 PM Security Level: Email, Account Authentication (None) Signature Adoption: Pre -selected Style Using IP Address: 47.222.7.91 Electronic Record and Signature Disclosure: Accepted: 1/6/2022 1:53:53 PM ID:5a00e664-595b-4984-be4e-935b93a62312 Cheyenne Defee Sent: 1/6/2022 1:54:29 PM cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 1/5/2022 2:26:23 PM ID:a5bc5a33-fec2-4093-9295-5abe22bOf507 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 Sent: 1/4/2022 4:13:28 PM cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Julie Mitchell Sent: 1/5/2022 11:25:57 AM jmitchell@lja.com Viewed: 1/5/2022 11:31:02 AM Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign 1073 Carbon Copy Events Status Timestamp Gretna Jones Sent: 1/6/2022 1:54:28 PM gretna.jones@cityofdenton.com ED Viewed: 1/6/2022 2:10:01 PM Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Logan Prior Logan.Pior@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Cheyenne Defee cheyenne.defee@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 1/4/2022 4:12:06 PM Payment Events Status Electronic Record and Signature Disclosure Timestamps 1074 Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Ken Schrock, Rebecca Diviney, Rosa Rios ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. 1075 How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetSca e 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: -Allow per session cookies -Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. 1076 Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. 1077 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-158, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Imagenet Consulting, LLC, through The Interlocal Purchasing System (TIPS) Cooperative Program Contract #200105 for the purchase of Laserfiche Document Imaging Application software maintenance, additional licensing for Laserfiche Forms Package, and software enhancements for the Technology Services Department; providing for the expenditure of funds therefor; and providing an effective date (File 7927 - awarded to Imagenet Consulting, LLC, in the three (3) year not -to - exceed amount of $225,000.00). City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legista 1 078 41.1100�1 DENTON DEPARTMENT: ACM: DATE: SUBJECT City of Denton AGENDA INFORMATION SHEET Procurement & Compliance David Gaines January 25, 2022 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Imagenet Consulting, LLC, through The Interlocal Purchasing System (TIPS) Cooperative Program Contract #200105 for the purchase of Laserfiche Document Imaging Application software maintenance, additional licensing for Laserfiche Forms Package, and software enhancements for the Technology Services Department; providing for the expenditure of funds therefor; and providing an effective date (File 7927 — awarded to Imagenet Consulting, LLC, in the three (3) year not -to -exceed amount of $225,000.00). INFORMATION/BACKGROUND The City of Denton utilizes the Laserfiche Document Imaging Application to support daily operations for multiple departments including Accounting/Payroll, Budget/Treasury, Building Inspections, City Manager's Office/City Secretary, Electric Administration, Electric Engineering, Facilities Management, Fire, Human Resources, Legal, Library, Municipal Court, Municipal Judge, Planning, Police, Purchasing, Risk Management, Solid Waste Disposal, Technology Services, Wastewater Administration, Water Customer Service, Water Distribution, Water Engineering, Water Production, and Water Utility Administration. Each of these departments depends on Laserfiche workflows to effectively move and archive documents to enhance job efficiencies. The City has been using Laserfiche since April 2000 to streamline its documents and records process management. The table below provides an annual cost breakdown of the license cost, maintenance and support costs, and a contingency for growth. Laserfiche FY 21-22 FY 22-23 Ex enditures Expenditures FY 23-24 Expenditures Contingency Total Licenses 48,840 48,840 48,840 - 146,520 Maintenance and Support 16,882 16,882 16,882 - 50,646 Professional Services 2,000 2,000 2,000 - 6,000 Contingency - - - 21,834 21,834 Total $ 67,722 $ 67,722 $ 67,722 $ 21,834 $ 225,000 Pricing obtained through The Interlocal Purchasing System has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. 1079 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On May 17, 2011, Council approved the interlocal agreement with The Interlocal Purchasing System (Ordinance 2011-082). RECOMMENDATION Award a contract with Imagenet Consulting, LLC, for the purchase of Laserfiche Document Imaging Application software maintenance, additional licensing for Laserfiche Forms Package, and software enhancements for the Technology Services Department, in a three (3) year not -to -exceed amount of $225,000. PRINCIPAL PLACE OF BUSINESS Imagenet Consulting, LLC Oklahoma City, OK ESTIMATED SCHEDULE OF PROJECT This is a three (3) year contract. This TIPS contract expires on May 31, 2023. FISCAL INFORMATION These services will be funded from Technology Services Department Operating Funds. 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: Quote Exhibit 3: LLC Members Exhibit 4: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Drew Allen, 940-349-8067. Legal point of contact: Marcella Lunn at 940-349-8333. 1080 ImageNf---t Consulting Annual Software & Maintenance Support Agreement Bill 1 Ship To Company Name: Company Name: City of Denton City of Denton Address 1: 601 East Hickory Street Address 1: 215 East McKinney Street Address 2: Suite A Address 2: City, state, zip: Denton TX 76205 city, state, zip: Denton TX 76201 Contact: Lowell Morris I Contact: Lowell Morris Phone: 940 349-8267 Phone: 940 349-8267 Description T Annual Laserfiche Software Assurance Program renewal for license fees, updates and support for year February 18, 2022 thru February 17, 2023. Your current LSAP expires February 18, 2022 370 ENFB Rio Named Full Users LSAP $48,840.00 370 EFRMB Laserfiche Forms Professional LSAP $ 4,884.00 370 ERMB Laserfiche Records Management LSAP $ 4,884.00 35 EAFRMB Laserfiche Forms Authenticated Participants LSAP $ 1,400.00 1 IAB Import Agent LSAP $ 300.00 1 QC1B Quick Fields Core LSAP $ 1,000.00 1 QFAB Quick Fields Agent LSAP $ 2,000.00 1 EPFRMB Laserfiche Forms Portal LSAP $ 1,599.00 1 EPLS 1 Public Portal LSAP $ 9,000.00 1 TKB Software Development Kit SDK LSAP $ 750.00 1 EDCSIB Integration with DocuSi n LSAP $ 300.00 10 Block of Time Hours $ 2,000.00 1 Software Customer Credit 12% Discount via TIPS Contract #200105 $9,234.84 Basic renewal includes: Total Amount (not including applicable sales taxes) $67,722.16 New releases & product updates, 2 Aspire classes, Phone Support, 2nd level support Laserfiche Systems Engineers, 24/7 access to Knowledge Base articles, discussion forums and education resources on the Laserfiche Su Dort Site Information Check ❑ Credit Card* ❑ Payment due within ten (10) days of delivery & acceptance of Name on Credit Card: equipment listed above. * Credit card information may be provided by calling the accounts Credit Card # Expiration Date receivable department at 405.232.1264. Service Information Will equipment being purchased include a service agreement? Yes ❑ No ❑ If "Yes" please refer to Service Agreement for specific information regarding the terms and conditions. Terms 1 Acceptance If payment is not received when due we may asses an administrative charge an amount at the rate of ten cents per one dollar for each take immediate possession of the Equipment and charge a restocking fee of no more than twenty five percent (25%) of the original purchase price If payment is not received when due we may, to extent permitted by applicable law, exercise any one or more of the following remedies; (I) declare due, sue for and receive from you the sum of the unpaid balance; (ii) to take immediate possession of the Equipment, and to lease or sell the Equipment or any portion thereof, upon such terms as we may elect, and to apply the net proceeds, less reasonable selling and administrative expenses, on account of your obligations hereunder; (iv) charge you interest on all monies due us from and after the date of default at the rate of one and one third percent (1-1/3%) per month until paid but in no event more than the maximum rate permitted by law; (v) require you to return all Equipment at your expense to place reasonably designated by us; (vi) to charge you for all the expenses incurred in connection with the enforcement of any of our remedies including all costs of collection, reasonable attorney's fees and court costs. Whenever any payment is not made by you when due hereunder, you agree to pay us, not later than one month thereafter, as an administrative charge to offset our collection expenses, an amount calculated at the rate often cents per one dollar for each such delayed payment with a minimum of $15.00, but only to the extent permitted by law. Such an addition to any other remedies provided for by law and may be, to the extent permitted by law, exercised either concurrently or separately. Exercise of any one remedy shall not be deemed an election of such remedy or to preclude the exercise of any other remedy. No failure on our part to exercise any right or remedy and no delay in exercising any right or remedy shall operate as a waiver of any right or remedy or to modify the terms of this Agreement. A waiver of default shall not be construed as a waiver of any other subsequent default. hnageNet Consulting Account Representative Signature: Client Authorized Signature: Z�)Cv-'e'd % 'I Date: 12/28/2021 X Date: 1081 UCC Business Organizations Trademarks Notary Account HelpIFees Briefcase Logout BUSINESS ORGANIZATIONS INQUIRY - VIEW Filing Number: 801491833 Original Date of Filing: October 10, 2011 Formation Date: NIA Tax ID: 14530289124 Name: Imagenet Consulting, LLC Address: 913 N Broadway Ave. PRESIDENT Oklahoma City, OK 73102 USA Fictitious Name: NIA Jurisdiction: OK, USA Foreign Formation August 9, 2011 Date: MEMBER Entity Type: Foreign Limited Liability Company (LLC) Entity Status: In existence FEIN: 453028912 - NAMES MANAGEMENT Last Update Name Title May 27. 2021 THOMAS L RUSSELLTRUST PRESIDENT MEMBER May 27, 2021 -, .F LP MEMBER May 27, 2021 ALPHA PRIMO MEMBER May 27, 2021 HL ENTERPRISES LTD MEMBER M" 27, 2021 LISA G RUSSELL TRUST MEMBER 1.1 a 2'. 2021 BGR INVESTMENTS LLC MEMBER May 27, 2021 HOWARD L RUSSELLTRUST MELIBM 1082 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH IMAGENET CONSULTING, LLC, THROUGH THE INTERLOCAL PURCHASING SYSTEM (TIPS) COOPERATIVE PROGRAM CONTRACT #200105 FOR THE PURCHASE OF LASERFICHE DOCUMENT IMAGING APPLICATION SOFTWARE MAINTENANCE, ADDITIONAL LICENSING FOR LASERFICHE FORMS PACKAGE, AND SOFTWARE ENHANCEMENTS FOR THE TECHNOLOGY SERVICES DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 7927 — AWARDED TO IMAGENET CONSULTING, LLC, IN THE THREE (3) YEAR NOT -TO -EXCEED AMOUNT OF $225,000.00). 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 7927 Imagenet Consulting, LLC $225,000.00 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 City's ratification of bids awarded by The Interlocal Purchasing System Program, the City 1083 Manager, or their designated representative, is hereby authorized to execute the written contract which shall be 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 their 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 . This ordinance was passed and approved by the following vote - 1: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of 12022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY 1084 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City of Denton, 1TJU/Uf�1 email=marcella.lunn@cityofdenton BY: com,c=US 1085 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-071, Version: 1 AGENDA CAPTION Consider approval of a resolution of the City of Denton authorizing the submission of an application to the Texas Parks and Wildlife Department (TPWD) Recreational Trails Grant Program 2022 in the amount of $300,000 for the materials and construction of a trail located at Bowling Green Park and Windsor Drive; and providing for an effective date. City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legista 1086 41%1'100�1 DENTON DEPARTMENT: ACM: DATE: SUBJECT City of Denton AGENDA INFORMATION SHEET Finance David Gaines January 25, 2022 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider approval of a resolution of the City of Denton authorizing the submission of an application to the Texas Parks and Wildlife Department (TPWD) Recreational Trails Grant Program 2022 in the amount of $300,000 for the materials and construction of a trail located at Bowling Green Park and Windsor Drive; and providing for an effective date. BACKGROUND The Parks and Recreation Department (PARD) is seeking $300,000 through TPWD's Recreation Trails Grant for the construction of a concrete trail to be located at Bowling Green Park and Windsor Drive. Council approved the Bowling Green Park Master Plan September 2021. The Bowling Green Master Plan includes new trails and extensions of existing trails that are directed towards Windsor Drive. The surrounding community has provided feedback and asked for the addition of a side path on the southern portion of Windsor Drive that will provide access to the North Lakes Recreation Center and serve as enhanced connection points for Bowling Green & North Lakes Park. Applying for this grant will help expedite the project and cover most of the costs for the trail to provide safe and improved access to and from PARD properties, amenities, and surrounding neighborhoods. If awarded, the grant funding will cover the costs for materials, excavation, and concrete work. The grant application is being completed by Pacheco Koch Consulting Engineers, Inc. as a part of RFQ 7417 — Bowling Green Master Plan. The grant requires a minimum twenty (20) percent match in funds. PARD will be using 915/916 Park Land Dedication and Development funds to match the grant amount. Grant applications are due on February 1, 2022. The application requests a resolution from the governing body authorizing the application submittal as well as receipt of funding if awarded. RECOMMENDATION Staff recommends approval of the resolution. FISCAL INFORMATION TPWD will pay 80% of a project up to $300,000. The project is estimated at $381,828 in Phase 1. The City is responsible for any costs above the reimbursement max of $300,000. A combination of Park Land Dedication and Park Development funds will be used to fulfill the match requirement. PARD will use existing operating funds for the ongoing maintenance for the proposed improvements. 1087 EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution Exhibit 3 Cost Estimates Exhibit 4 Grant Narrative Respectfully submitted: Laura Behrens Grant Administrator Prepared by: Chris Escoto, Park Planner 1088 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS PARKS AND WILDLIFE DEPARTMENT (TPWD) RECREATIONAL TRAILS GRANT PROGRAM 2022 IN THE AMOUNT OF $300,000 FOR THE MATERIALS AND CONSTRUCTION OF A TRAIL LOCATED AT BOWLING GREEN PARK AND WINDSOR DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the TPWD opened the Recreational Trails 2022 grant application in December 2021 that assists local units of government with the development of publicly accessible recreational trail projects throughout the State of Texas; and WHEREAS, the Recreational Trails Grant program is federally funded from a portion of federal gas taxes paid on fuel used in non -highway recreational vehicles; WHEREAS, the Recreational Trails Grant Program has a grant ceiling of $300,000 for non -motorized trail grants; and WHEREAS, the City of Denton is eligible to apply for the funds under the application criteria; and WHEREAS, the City has developed the necessary application materials and desires to make an application to the TPWD Recreational Trails Grant; and WHEREAS, grant applications are due on February 1, 2022 and requests that the applying entity adopt a resolution authorizing the submittal of the grant application prior to the grant application deadline; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The application for the Recreational Trails Grant Program 2022 is hereby authorized. SECTION 2. The City Manager, or designee, is designated, delegated, and authorized to request grant funding under the TPWD Recreational Trails Grant Program, including the submission of TPWD's application, and act on behalf of the City of Denton in all matters related to the grant application, receipt of funds, and any subsequent grant contracts and grant projects that may result. SECTION 3. Should the project be funded, then the City of Denton shall comply with the requirements of the TPWD and the State of Texas. SECTION 4. The City of Denton shall certify that the matching share for this program is readily available upon completion of the grant agreement. SECTION 5. The project funds and any project -funded equipment and facilities will be used solely for the purposes for which they are intended under the grant. SECTION 6. This resolution is effective immediately upon its passage. 1089 The motion to approve this resolution was made by and seconded by , the resolution was passed and approved by the following vote Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse L. Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY 1 BY: 1090 Line # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 BOWLING GREEN PARK TRAIL GRANT - PHASE I AND II PROBABLE CONSTRUCTION COST (ITEMIZED) Bowling Green Park 1/17/2022 PK Estimate Description PK Est.Unit Quant. 1 SF 1 $ 6.00 $ 99,600.001 1845 1 Sy Unit Cost PK COD On -Contract Est. Quantity Unit Unit Cost COD On -Contract Total HARDSCAPE AND STRUCTURES $ 5,396.65 $ 6,838.75 SUB BONDS 1% $ 5,091.18 $ 6,451.65 Proposed Concrete /Trails (Phase 1) 27263 SF $ 6.00 $ 163,578.00 3030 SY $ 79.00 $ 239,370.00 Bench/Pad/Trash Receptacle 6 EA $ 3,000.00 $ 18,000.00 6 EA $ 4,700.00 $ 28,200.00 Handicap Ramps 3 EA $ 1,600.00 $ 4,800.00 3 EA $ 2,900.00 $ 8,700.00 Excavation (Phase 1) 1515 CY $ 30.00 $ 45,450.00 1515 CY $ 30.00 $ 45,450.00 60' Pedestrian Bridge 1 EA $ 150,000.00 $ 150,000.00 1 EA $ 150,000.00 $ 150,000.00 Phase 1 SUBTOTALI $ 381,828.001 Phase 1 SUBTOTALI $ 471,720.00 Concrete Trail Extension West - Phase 2 - Windsor Dr. 16600 1 SF 1 $ 6.00 $ 99,600.001 1845 1 Sy I $ 79.00 $ 145,755.00 Excavation -Phase 2 - Windsor Dr. 923 1 CY 1 $ 30.001 $ 27,690.001 923 CY I $ 30.001 $ 27,690.00 Phase 2 SUBTOTALI $ 127,290.001 Phase 2 SUBTOTALI $ 173,445.00 SUBTOTAL $ 509,118.00 SUBTOTAL $ 645,165.00 GENERAL CONDITIONS 5.50% $ 28,001.49 $ 35,484.08 INSURANCE 1.06% $ 5,396.65 $ 6,838.75 SUB BONDS 1% $ 5,091.18 $ 6,451.65 CONTINGENCY 15% $ 76,367.70 $ 96,774.75 SUBTOTAL $ 623,975.020 $ 790,714.22 GC, MOBILIZATION, OVERHEAD AND FEE 15% 1 $ 76,367.701 Is 96,774.75 BASE BID GRAND TOTAL CONSTRUCTION $ 700,342.72 $ 887,488.97 1091 20121 Denton Bowling Green Park TEXAS PARK AND WILDLIFE DEPARTMENT—TRAIL GRANT PROJECT SUMMARY; The City of Denton is requesting a $300,000 trail grant fund from the Texas Park and Wildlife Department to construct a half -mile loop trail connection at Bowling Green Park. The proposed trail project includes benches, seating, trail head markers, and handicap ramps. The trail shall be ADA accessible to all the different proposed and existing elements at the park, including the existing park playgrounds and connections to the adjacent neighborhoods. Conscious effort was made in the trail alignment to incur the least disturbance to existing vegetation and existing terrain but also takes full advantage of the views to the adjacent creek. Denton Bowling Green Park is located at 2200 Bowling Green Street, Denton, Texas. STATEMENT OF WORK The City of Denton Parks and Trail Master Plan identified that the top two needs as identified by its citizens to be: More trails for walking/biking that are connected throughout the City and Addition of Nature trails ranking 1 and 2 respectively. This prompted the community engagement and planning for the update and renovation of the trail system at the Bowling Green Park. Bowling Green Park is an existing 18 -acre community park in Denton just north of Highway 380. In need of an update, the City and along with collaborations with multiple stakeholders from the adjacent neighborhood, the city council, city ADA accessibility group, Denton Parks and Beautification Board and the City Parks and Recreation department, a concept design was developed and approved to address all the needs and wants of the Park. The resulting community engagement process and the online survey made it very clear that one of the main program elements that needed to be added to the park was to expand the current trail system to loop around the park. The current system only runs along Denton Bowling Green Drive. The proposed 10' reinforced concrete trail will provide a'/2 mile long trail alongside the creek and fie into the existing system as well as a new east / west spur along Windsor Drive. The new trail along Windsor will cross a creek and will require a 60' prefabricated pedestrian bridge similar to the one specified across the street development. The north trail also provides a needed community connection to the east for Fireside neighborhood to Bowling Green Park. Phase 2 will be to provide a future trail connection to the west, providing connection to the Northlakes Recreation Center. The City of Denton will be providing contribution funds from existing municipal land acquisition and park development funds to pay for the remainder of the trail construction costs not covered by the Trail Grant. Entire proposed trail is within the City of Denton property limits and ownership and will not require any acquisition of easements or leases. 2022 January 17 1 pkce/4837-20.669 1092 0 . A3 Alk - PL WPM \ Arj A jr *44 `•1*4 ' _l r � • r1 � 4--1% 0 R(l1A/I It\I/' r-PFFKI RTPFFT fa IPL i �.f A • I II _ —— ------------- LW - oz r 1 z w LLJ C� It : r • Y .*-14 Jet, d • 1 1\ - p�S IM�r z EXISTING PLAYG RO U N D AUBURN DRIVE DRIVE ��— _ _ VA L3 FIRESIDE NEIGHBORI100D lso LEGEND: BOWLING GREEN TRAIL LAYOUT PLAN 0 25 50 100 150 I" 50'-0" GRAPHIC SCALE IN FEET 5 A EXISTING PLAYG RO U N D AUBURN DRIVE DRIVE ��— _ _ VA L3 FIRESIDE NEIGHBORI100D lso LEGEND: BOWLING GREEN TRAIL LAYOUT PLAN 0 25 50 100 150 I" 50'-0" GRAPHIC SCALE IN FEET 5 20121 Denton Bowling Green Park TEXAS PARK AND WILDLIFE GRANT City of Denton 2022 January 17 PURPOSE: SITE PHOTOGRAPHS ■ 13 2022 January 17 1 PKCE/4837-20.669 1094 I "M 11 mm, 2022 January 17 Page 2 of PKCE/4837-20.669 1095 2022 January 17 Page 3 of 3 PKCE/4837-20.669 1096 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-104, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an Amendment to the Contract of Sale between the City of Denton and Denton Chamber of Commerce as Seller, and Mark Hicks Investments, LLC. as Buyer, regarding the sale of certain real property and improvements located at 414 West Parkway and 413 Congress Street, for the total sale price of $665,000.00; and providing an effective date. City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legista 1097 -r" DENTON City of Denton AGENDA INFORMATION SHEET FILE ID 22-104 DEPARTMENT: DEVELOPMENT SERVICES ACM: DAVID GAINES DATE: JANUARY 25, 2022 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an Amendment to the Contract of Sale between the City of Denton and Denton Chamber of Commerce as Seller, and Mark Hicks Investments, LLC. as Buyer, regarding the sale of certain real property and improvements located at 414 West Parkway and 413 Congress Street, for the total sale price of $665,000.00; and providing an effective date. BACKGROUND On October 26, 2021, the City Council authorized the City Manager to enter into a contract for the sale of the property at 414 West Parkway, owned jointly by the City and the Denton Chamber of Commerce, and 413 Congress Street, owned by the Chamber, for a total sale price of $725,000.00. The Buyer's commercial inspection uncovered roof damage and other repairs needed in some areas of the building. In light of the inspection results, the Buyer exercised its option to extend the Feasibility Period by 30 days, through January 26, 2022 and proposed a reduced purchase price. In response to the Buyer's proposed $95,000.00 purchase price reduction, the City's broker has negotiated and recommended a $60,000 reduction for an amended purchase price of $665,000.00. The Chamber has also agreed to the reduced purchase price. Approval of this item authorizes the City Manager to execute an Amendment to the Contract of Sale, and any other documents necessary to complete the transaction. OPTIONS 1. Approve proposed ordinance 2. Decline to approve proposed ordinance 1098 RECOMMENDATION Recommend approval. PRIOR ACTION/REVIEW (,Council. Boards. Commissions) March 23, 2021 Ordinance 21-310 Approved (Master Agreement with Denton Chamber) March 23, 2021 Ordinance 21-549 Approved (Listing Agreement with Axis Realty Group, Inc) May 11, 2021 Closed Meeting discussions and direction received September 21, 2021 Ordinance 21-1953 Approved (New Listing Agreement with Axis Realty Group, Inc) September 28, 2021 Closed Meeting discussions and direction received January 11, 2022 Closed Meeting discussion and direction received FISCAL INFORMATION If approved, the sale will generate approximately $297,798.19 in revenue to the City. EXHIBITS 1 — Agenda Information Sheet 2 — Ordinance 3 — LLC Member List Respectfully submitted: Deanna Cody, Deputy Director Development Services -Real Estate 1099 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT OF SALE BETWEEN THE CITY OF DENTON AND DENTON CHAMBER OF COMMERCE AS SELLER, AND MARK HICKS INVESTMENTS, LLC. AS BUYER, REGARDING THE SALE OF CERTAIN REAL PROPERTY AND IMPROVEMENTS LOCATED AT 414 WEST PARKWAY AND 413 CONGRESS STREET, FOR THE TOTAL SALE PRICE OF $665,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, through Ordinance No. 21-2297, the City Council approved a Contract of Sale for the sale of 414 West Parkway (the "Property"), jointly owned by the City of Denton (the "City") and the Denton Chamber of Commerce (the "Chamber") and the Chamber owned property at 413 Congress Street, to Mark Hicks Investments, LLC. (the "Buyer") for a total sale price of $725,000.00; and WHEREAS, the City, the Chamber, and the Buyer agree to reduce the contracted sale price to $665,000.00 in response to the commercial building inspection report findings that significant repairs are needed to the building roof, electrical, and mechanical systems at 414 West Parkway; and WHEREAS, the City Council finds it is in the public interest to amend the contract to reflect the new sale price of $665,000.00 as shown in the Amendment to Contract attached hereto as Exhibit A; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference as true and as if fully set forth in the body of this Ordinance. SECTION 2. The City Manager, or designee, is hereby authorized to execute the Amendment to the Contract of Sale on behalf of the City. SECTION 3. The City Manager, or designee, is further authorized to carry out all duties and responsibilities of the City pursuant to the Contract. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. 1100 The motion to approve this Ordinance was made by and seconded by . The Ordinance was passed and approved by the following vote [ Ave Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2022. ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY By: !' GERARD HUDSPETH, MAYOR 2 1101 CONTRACT OF SALES FIRST AMENDMENT With regards to Article II, Section 2.01 of the Contract of Sale ("Contract") between Mark Hicks Investments, L.L.C. a Texas limited liability company ("Buyer") and the City of Denton, a Texas home -rule municipal corporation ("Seller"), for the property described as 414 West Parkway Street, Denton, Denton County, Texas. Seller and Buyer agree the Purchase Price will be adjuster! to $665,000.00. Seller Date Buyer 1-1-7-27- Date -17-2z Date 1102 TEXAS SECRETARY of STATE JOHN B. SCOTT BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 801149992 Entity Type: Domestic Limited Liability Company (LLC) Original Date of Filing: July 23, 2009 Entity Status: In existence Formation Date: N/A Tax ID: 32039959179 FEIN: Duration: Perpetual Name: Mark Hicks Investments, LLC Address: 7420 FM 2449 PONDER, TX 76259 USA ASSOCIATED REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES INITIALADDRESS Last Update Name Title Address April 26, 2017 JOHN M HICKS MANAGING MEMBER 7420 FM 2449 PONDER, TX 76259 USA Order Return to Search Instructions: .0 To place an order for additional information about a filing press the 'Order' button. 1103 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON File #: ID 22-083, Version: 1 Legislation Text AGENDA CAPTION Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a First Amendment to Solid Waste Disposal Contract with Waste Connections; and providing an effective date. City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legista 1104 41%,101M DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Solid Waste and Recycling CM/ DCM/ ACM: Sara Hensley, Interim City Manager DATE: January 25th, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a First Amendment to Solid Waste Disposal Contract with Waste Connections; and providing an effective date. BACKGROUND On October 19, 2019 the City of Denton, Solid Waste and Recycling Department, entered into a Wholesale Disposal Agreement with Waste Connections to deliver guaranteed volume to the City of Denton Landfill in exchange for preferred rates. As part of this agreement, the City is required to maintain access to the working face during the landfill's posted hours. Throughout the end of CY 2020 and the beginning of CY 2021 significant rain events in Denton resulted in a slowing of landfill traffic to the point of a several hours delay to deposit collected materials into the landfill, significantly impacting Waste Connections' ability to service their customers in a timely manner. As a result, Waste Connections found itself unable to deliver its entire commitment to the City of Denton Landfill in Year 2. RECOMMENDATION A request has been made to move a portion of the volume commitment, and associated costs, in Year 2 to the Year 3 delivery commitment. Based on an evaluation of the average delivery and days of significant operational impacts, Waste Connections and the City concur that 1,413.66 tons of the volume commitment. There is no change to the net tonnage delivered or fees collected of the life of the contract. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and Contract Respectfully submitted: Tammy Clausing Business Services Manager 1105 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO SOLID WASTE DISPOSAL CONTRACT WITH WASTE CONNECTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") entered into a contract with Waste Connections ("Contractor") for the delivery of predictable tonnages of solid waste to the City Landfill for both revenue and management purposes, approved by Ordinance Number 19-2505; and WHEREAS, the Contractor did not meet the obligation for the current contract year of the term due to landfill accessibility, and wishes to transfer the additional amount to the current contract year; and WHEREAS, the City has determined that the First Amendment to the Solid Waste Disposal Contract, attached hereto as Exhibit A, is in the public interest; 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. SECTION 2. The City Council of the City of Denton hereby approves the First Amendment attached hereto. SECTION 3. The Interim City Manager, or designee, is hereby authorized to execute the First Amendment to the Solid Waste Disposal Contract, attached hereto as Exhibit A, and to carry out the duties and responsibilities of the City as provided in the First Amendment. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this Ordinance was made by seconded by by the following vote [ - ] and . The Ordinance was passed and approved 1106 ye Nva y Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of 52022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY mm APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: 1107 FIRST AMENDMENT TO SOLID WASTE DISPOSAL CONTRACT BETWEEN CITY OF DENTON AND WASTE CONNECTIONS THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § The City of Denton, a Texas home -rule municipal corporation ("City"), and Waste Connections Lone Star, Inc. ("Contractor") agree to enter into this First Amendment to Solid Waste Disposal Contract as of the effective date hereof. WITNESSETH: WHEREAS, City and Contractor originally entered into a Solid Waste Disposal Contract for guaranteed tonnage delivery on October 15, 2019, approved by City Ordinance Number 19-2505 (the "Contract"); and WHEREAS, Paragraph 23 of the Contract allows for subsequent modifications to the Contract terms via written supplemental agreement executed by both parties; and WHEREAS, Contractor did not meet the obligation for the second Contract Year of the term due to landfill inaccessibility; and WHEREAS, Contractor expects to have a higher need for disposal of solid waste for the current Contract Year; and WHEREAS, Contractor has requested to transfer the unused volume for the second Contract Year of the term to the third Contract Year of the term; and WHEREAS, the City is amenable to the requested transfer of unused volume under the following terms; NOW, THEREFORE, City and Contractor agree to amend the Contract as follows: I. Paragraph 2 of the Contract, labeled "Delivery of Acceptable Solid Waste," is hereby deleted in its entirety and replaced with the following: 2. Delivery of Acceptable Solid Waste. Contractor agrees and guarantees that it will deliver to the Landfill Acceptable Solid Waste in the following tonnage for each year of the Contract ("Guaranteed Annual Tonnage") and City agrees to accept all Acceptable Solid Waste at the Landfill: 1108 Contract Year Guaranteed Annual Tonna e 2019-2020 62,292 tons 2020-2021 57 411.34 tons 2021-2022 66,413.66 tons II. All other provisions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the of 1-2021. ATTEST: ROSA RIOS, CITY SECRETARY MM THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. Digitally signed M1y Bdan Boer - DN: dc=com, d—Vddenton, do dad, sers ou= Brian B o e r n e r Department Uand Groups, ou=U Ilitles, 0o=5olid Waste, -Brian Bcemer, mall=Bnan.Boerner@cityofdenton.com Date: ]021.13330):1411-06'00' Signature Title Department Date Signed: CITY OF DENTON day Sara Hensley, Interim City Manager APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY K 1109 Digitallysigned By Cat --Clifton A-4�— DN: dcs, um enerityofdenton, Gccodad,o -DepaentU ersaed rale vernmen[, BY: Date 303].0131 16:415 -6 - K 1109 THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared Sara Hensley, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same as the act and deed of the City of Denton, a Texas home -rule municipal corporation, as the Interim City Manager thereof, for the purposes and consideration therein expressed, in the capacity therein stated and she is authorized to do so. ilyjI GIVEN UNDER MY HAND AND SEAL OF OFFCE this day of Notary Public, State of Texas CONTRACTOR: WASTE CONNECTIONS LONE STAR, INC. Johr chafer, DIVISION VP THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared John Schafer, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of Waste Connections Lone Star, Inc., as the Division Vice President thereof, for the purposes and consideration therein expressed, in the capacity therein stated and she is authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFCE this - day of ,7 2021. /--/ / r -.0 NNTALOPEZ My Notary IO # 129923225 Expires August 18, 2022 a 1110 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ,1Y www.cityofdenton.com DENTON Legislation Text File #: ID 22-059, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton amending Chapter 2, Article III, section 2-61 of the Code of Ordinances to remove the registered voter requirement for board and commission members and add the City of Denton resident requirement for board and commission members; and providing an effective date. City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legista 1111 oe DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: City Secretary's Office IACM: Tiffany Thompson DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton amending Chapter 2, Article III, Section 2-61 of the Code of Ordinances to remove the registered voter requirement for board and commission members and add the City of Denton resident requirement for board and commission members; and providing an effective date. BACKGROUND At the November 16, 2021 Work Session, City Council discussed potential changes to board and commission member qualification criteria in the areas of inclusivity, voter registration, and special qualifications applicable to a set of boards/commissions, with the exception of the Public Utilities Board (PUB) as the requirement is set forth in the Denton City Charter. The results for the requirement that board/commission members be registered voters of the City was as follows: No consensus reached to remove the voter registration requirement. . o With the exception of the PUB, during discussion Mayor Pro Tem Paul Meltzer and Council Members Alison Maguire and Deb Armintor were in support of removing the voter registration requirement with Council Member Brian Beck indicated support of removing the voter registration requirement for "Advisory" Boards. Council Member Beck had also indicated he was willing to consider removing the voter registration requirement for all boards/commissions (except the PUB) if the large support was for that direction. This information was provided via the November 19, 2021 Friday Report, further requesting City Council members direct questions to the city secretary; none were forthcoming. This agenda item provides for additional discussion and possible consideration of removing the voter registration requirement for all boards/commissions, while requiring members to be residents of the City. In the event the voter registration requirement is removed, be it for all or just the Advisory (except the PUB), the City Secretary's Office will continue to require the date of birth and voter registration number only for the purpose of verifying residency in the City. AEK RECOMMENDATION There is no recommendation at this time. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Review/direction provided by City Council at the November 16, 2021 Work Session. EXHIBITS Exhibit 1 — Agenda Information Sheet Exhibit 2 — Draft Ordinance — Voter Registration & Residency Exhibit 3 — Presentation Respectfully submitted: Rosa Rios City Secretary 1113 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 2, ARTICLE III, SECTION 2-61 OF THE CODE OF ORDINANCES TO REMOVE THE REGISTERED VOTER REQUIREMENT FOR BOARD AND COMMISSION MEMBERS AND ADD THE CITY OF DENTON RESIDENT REQUIREMENT FOR BOARD AND COMMISSION MEMBERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 3, 1993, by Ordinance No. 1993-140, the City amended Chapter 2 of the Code of Ordinances to require "each member of a board or commission, in addition to qualifications prescribed by federal or state law or ordinances, shall be a qualified voter of the City."; and WHEREAS, to include the highest number of diverse members, enhance governmental efficiency and facilitate expedient appointment of future board and commission vacancies, the City Council deems it in the public interest to amend Chapter 2, Article III, Section 2-61; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON ORDAINS: SECTION 1. That Chapter 2, Article III, Section 2-61 of the Code of Ordinances is amended as follows: Each member of a board or commission, in addition to qualifications prescribed by federal or state law or ordinance, shall be a resident of the city. SECTION 2. All prior ordinances, resolutions, amendments, policies, or guidelines that conflict with this amendment are hereby rescinded and repealed in whole or in part to the extent necessary to give full effect to this amendment. SECTION 3. All other portions of the Code of Ordinances shall remain in effect. SECTION 4. The findings and recitation contained in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by and seconded by ; the ordinance was passed and approved by the following vote Aye Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck, District 2: 1114 Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2022. ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: GERARD HUDSPETH, MAYOR Page 2 of 2 1115 Voter Registration/Residency . m,, Requirement for Meters of - Boards, Commissions ommittees (0. , and A til r j' C Background • At the November 16 2019 Work Session, City Council deliberated the possible removal of the voter registration requirements for all members of its boards, commissions, and committees • No consensus was reached at that time, member of the City Council was in favor the possible removal of that requirement members be in favor with the exception that one of reconsidering their position on should a majority of tlne • With three (3) members in favor, this item. provides for additional deliberation and possible option on removinn the voter registration requirement, while mandating residency intTie City • Voter Registration (Residency) Requirement o Code of Ordinance, Article III, Section 2-61 Each member of a board or commission, in addition to qualification prescribed by federal or state law or ordinance, shall be a qualified voter of the City. if Residency in the City is a requirement to be a qualified voter of the City 9ii 22-059 � � ► � - + tip. Options • Remove voter registration for all boards, commissions, committees and require residency in the City o Adopt the draft ordinance as presented • Remove voter registration requirements for only certain boards, commissions, committees and require residency in the City oAmend the draft ordinance as presented, identifying which would be required to meet the voter registration requirement NOTE: Any change would not be applicable to the Public Utility Board as requirement is set for in the City Charter rtlsw� DENTON Questions? City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiiwlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-142, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, confirming the effective period of the declared state of local disaster related to the COVID-19 emergency as provided in Ordinance No. 21-2801 to March 31, 2022; superseding and replacing the Eighteenth Order of Council of the City of Denton issued December 14, 2021 approved by Ordinance No. 21-2801; providing a repealer clause, and providing an effective date. City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legista 1119 1%,1001110, DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: City Manager's Office CM/ DCM/ ACM: Tiffany Thomson, Interim Assistant City Manager DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, confirming the effective period of the declared state of local disaster related to the COVID-19 emergency as provided in Ordinance No. 21-2801 to March 31, 2022; superseding and replacing the Eighteenth Order of Council of the City of Denton issued December 14, 2021 approved by Ordinance No. 21-2801; providing a repealer clause, and providing an effective date. BACKGROUND On Dec. 14, 2021, City Council extended the local disaster declaration for a public health emergency through March 31, 2022 and adopted the Eighteenth Order of Council, effective through Jan. 31, 2022, relating to mask requirements. The order mandated that masks shall be worn inside City buildings, inside public K-12 schools, and that commercial entities that provided goods and services directly to the public shall adopt a health and safety policy that: • Requires, at a minimum, universal indoor masking that covers the nose and mouth for all employees and visitors to the commercial entity's business premises or other facilities; and • Is posted conspicuously in view of all employees and visitors. • Clarifying that masks should be worn both over the nose and mouth; • Providing an exemption for persons where the wearing of a mask would pose a mental or physical health risk; and Allowing removal of masks in areas where a person is alone, or with a member(s) of their household, within a separate room or single space that is not a common area. Additionally, the Eighteenth Order specifies that fitness -based classes held in a City of Denton building where the wearing of masks by all participants cannot be achieved will be located outdoors or canceled. DISCUSSION The local disaster declaration establishes a state of disaster, which is the basis for any orders of Council and can be a prerequisite for state and federal disaster funding. Orders of Council have evolved over the course of the pandemic and have provided staff authorization to take immediate actions to address the public health emergency. Currently, the Eighteenth Order of Council is limited, relating only to mask requirements. The proposed ordinance would extend the provisions of the Eighteenth Order of Council until March 31, 2022. Staff recommends a two-month extension in light of the increased cases associated with the Omicron variant of COVID-19 and to allow the effective date of the Order of Council match that of the current declaration of disaster. 1120 OPTIONS Approve the item as presented, approving a Nineteenth Order of Council, effective until March 31, 2022; Approve the item, but first modifying the provisions and/or timeframe of the Nineteenth Order; or Do not approve the item and allow the Eighteenth Order to expire on Jan. 31, 2022. PRIOR ACTION/REVIEW (Council, Boards, Commissions) December 14, 2021 — Council extended the Declaration of Disaster and approved an Eighteenth Order November 16, 2021 — Council approved a Seventeenth Order of Council relating to mask requirements October 26, 2021 — Council approved a Sixteenth Order of Council relating to mask requirements September 21, 2021— Council extended the Declaration of Disaster and Approved a Fifteenth Order August 24, 2021 — Council approved a Fourteenth Order of Council relating to mask requirements August 12, 2021 — Council approved a Thirteenth Order of Council relating to mask requirements June 15, 2021— Council extended the Declaration of Disaster March 16, 2021 — Council extended the Declaration of Disaster and Approved a Twelfth Order December 17, 2020 — Council extended the Declaration of Disaster and Approved an Eleventh Order September 22, 2020 — Council extended the Declaration of Disaster and Approved a Tenth Order August 25, 2020 — Council extended the Declaration of Disaster and Approved a Ninth Order July 28, 2020 — Council approved a New Eighth Order June 26, 2020 — Council confirmed the Declaration of Disaster and Approved a New Seventh Order June 23, 2020 — Council extended the Declaration of Disaster and Approved a New Sixth Order May 29, 2020 — Council extended the Declaration of Disaster and Approved a New Order May 5, 2020 — Council approved a New Order April 30, 2020 — Council extended the Declaration of Disaster and Approved a New Order April 6, 2020 — Council approved a new Declaration of Disaster and Order March 31, 2020 — Council postponed item for consideration on Second Mayoral Declaration of Disaster and Order March 24, 2020 — Second Mayoral Declaration of Disaster and Order March 20, 2020 — Adoption of Ordinance 20-740 Amending Council Declaration of Local Disaster and Order March 17, 2020 — Adoption of Ordinance 20-720 Extending and Modifying Mayoral Declaration March 13, 2020 — Mayoral Declaration of Local Disaster and Order F,XHIRITS Exhibit 1 — Agenda Information Sheet Exhibit 2 — Ordinance 21-2801 Exhibit 3 — Draft Ordinance Exhibit 4 — Draft Nineteenth Order of Council Respectfully submitted: Ryan Adams Interim Chief of Staff 1121 ORDINANCE NO. 21-2801 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME—RULE MUNICIPAL CORPORATION, EXTENDING THE EFFECTIVE PERIOD OF THE DECLARED STATE OF LOCAL DISASTER RELATED TO THE COVID-19 EMERGENCY AS PROVIDED IN ORDINANCE NO. 21-1825 TO MARCH 31, 2022; SUPERSEDING AND REPLACING THE SEVENTEENTH ORDER OF COUNCIL OF THE CITY OF DENTON ISSUED NOVEMBER 16, 2021 APPROVED BY ORDINANCE NO. 21-2432; PROVIDING A REPEALER CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, beginning in December 2019, a novel coronavirus, now designated SARS- CoV2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization; and WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath, and in some cases the virus has caused death; and WHEREAS, the number of known cases of COVID-19 diagnosed in the State of Texas presents a hazard to public health; and WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its spread throughout the City of Denton and Denton County; and WHEREAS, on March 13, 2020, the Mayor executed a "Declaration of Local Disaster for Public Health Emergency" and an "Order of the Mayor of the City of Denton" pursuant to the Declaration; and WHEREAS, finding it in the best interest of the citizens of Denton, on March 17, 2020, the City Council, through Ordinance No. 20-721, extended the Declaration of Emergency through April 30, 2020 and issued an Order of the Council of the City of Denton including the authorization to expend no more than Five Hundred Fifty Thousand Dollars ($550,000.00) during this period to proceed with the necessary emergency responses and essential functions not already budgeted; and WHEREAS, City of Denton Code of Ordinances Section 9-54(b) provides for penalties for violation of proclamations of emergency and any rule, regulation, or order issued pursuant to such proclamation and Chapter 9 of the City of Denton Code of Ordinances; and WHEREAS, information about COVID-19 continued to evolve and measures were taken to respond to the latest information available; and WHEREAS, following updated information on the spread of COVID-19, the City Council amended the Order of Council on March 20, 2020; and WHEREAS, as COVID-19 continued to spread throughout the City and County of Denton, the Mayor issued a Second Declaration of Local Disaster on March 24, 2020, and an "Order of the Mayor of the City of Denton" pursuant to the Second Declaration, extending measures in an attempt to slow the spread of the disease; and Page 1 & 5 WHEREAS, Governor Greg Abbott issued Executive Order GA -14 on March 31, 2020, further limiting public gatherings and defining which "essential services" were to continue during the declared state-wide emergency; and WHEREAS, GA -14 expressly preempted local ordinances, declarations, and orders in conflict with it; and WHEREAS, in compliance and to be consistent with GA -14, the City Council passed a Second Order of Council on April 6, 2020, superseding and replacing the prior orders of Council; and WHEREAS, Governor Abbott issued Executive Order GA -16 on April 17, 2020, superseding GA -14, allowing retail stores to reopen under certain conditions and using certain procedures; and WHEREAS, on April 27, 2020, Governor Abbott issued Executive Order GA -18, further ordering that people minimize social gatherings and in-person contact with people not in the same household except where necessary to obtain essential or reopened services, and still expressly preempting local ordinances, declarations, and orders in conflict with his orders; and WHEREAS, on April 28, 2020, Denton County issued a new Disaster Declaration and Executive Order of the Denton County Commissioners Court, which extended the emergency declaration through May 15, 2020 and incorporated the provisions of GA -18 and the social distancing guidelines promulgated by the Centers for Disease Control; and WHEREAS, on April 30, 2020, the City Council in compliance and to be consistent with the Governor's Executive Orders and the County Orders, extended the effectiveness of the Declaration of Local Disaster until 11:59 p.m. May 31, 2020 and thereafter as any subsequent proclamation renews the Texas Governor's disaster proclamation; and WHEREAS, on May 5, 2020, the City Council in compliance and to be consistent with the Governor's Executive Orders and the County Orders, extended the effectiveness of the Declaration of Local Disaster until 11:59 p.m. May 31, 2020; and WHEREAS, on May 29, 2020, the City Council in compliance with and to be consistent with the Governor's Orders, extended the effectiveness of the Declaration of Local Disaster until 11:59 p.m. June 30, 2020; and WHEREAS, on June 3, 2020, Governor Abbott issued Executive Order GA -26, ordering that people should not be in groups larger than ten and should maintain a distance of six feet of social distancing from those not in their group, and still expressly preempting local ordinances, declarations, and orders in conflict with his orders; and WHEREAS, on June 23, 2020, Governor Abbott amended Executive Order GA -26, permitting county judges and mayors to place additional restrictions on outdoor gatherings estimated to consist of 100 people or more; and Page 2 of 5 1123 WHEREAS, on June 23, 2020, the City Council in compliance with and to be consistent with the Governor's Orders, extended the effectiveness of the Declaration of Local Disaster until 11:59 p.m. August 31, 2020; and WHEREAS, Governor Abbott indicated that local governments may require businesses to develop Health and Safety policies; and WHEREAS, on June 26, 2020, Governor Abbott issued Executive Order GA -28, ordering that certain businesses return to 50 percent of occupancy limits and prohibiting certain gatherings and visiting bars; and WHEREAS, on July 2, 2020, Governor Abbott issued Executive Order GA -29, ordering face coverings and providing for a penalty for violation of his order and amending Executive Order GA -28 allowing for penalties; and WHEREAS, also on July 2, 2020, Governor Abbott further amended Executive Order GA - 28 to limit gatherings to 10 people; and WHEREAS, on August 25, 2020, the City Council, in compliance with and to be consistent with the Governor's Orders, extended the effectiveness of the Declaration of Local Disaster until 11:59 p.m. September 30, 2020; and WHEREAS, on September 17, 2020, Governor Abbott issued Executive Order GA -30, amending and superseded GA -28; and WHEREAS, also on September 17, 2020, Governor Abbott issued Executive Order GA - 31, amending and superseding GA -19; and WHEREAS, on September 22, 2020, the City Council, in compliance with and to be consistent with the Governor's Orders, extended the effectiveness of the Declaration of Local Disaster until December 31, 2020; and WHEREAS, on October 7, 2020, Governor Abbott issued Executive Order GA -32, superseding GA -30; and WHEREAS, on December 17, 2020, the City Council, in compliance with and to be consistent with the Governor's Orders, extended the effectiveness of the Declaration of Local Disaster until March 31, 2021; and WHEREAS, on March 2, 2021, Governor Abbott issued Executive Order GA -34, superseding GA -17, GA -25, GA -29, GA -31, and GA -32; and WHEREAS, on April 5, 2021, Governor Abbott issued Executive Order GA -35 and on May 18, 2021 Governor Abbott issued GA -36; and WHEREAS, Governor Abbott has renewed the disaster declaration for the State of Texas every 30 days, most recently on August 30, 2021; and WHEREAS, on June 30, the City Council extended the Declaration of Local Disaster through September 30, 2021; and Page 3 of 5 1124 WHEREAS, on August 12, 2021, the City Council adopted a Thirteenth Order of Council relating to masks requirements and adopted a Fourteenth Order of Council on August 24, modifying mask requirements; and WHEREAS, on September 21, 2021, the City Council extended the Declaration of Local Disaster through December 31, 2021 and adopted a Fifteenth Order of Council relating to mask requirements; and WHEREAS, on October 26, 2021, the City Council adopted a Sixteenth Order of Council relating to masks requirements and extended those provisions through the adoption of a Seventeenth Order of Council on November 16, 2021; and WHEREAS, the City Council finds that it is in the best interest of the citizens of the City of Denton to extend the Declaration of Local Disaster through March 2022; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The facts, circumstances, and recitations contained in the preamble of this Ordinance are found and declared to be true and correct, and are incorporated herein by reference as if fully set out herein. SECTION 2. Pursuant to Section 418.108, Texas Government Code, and Section 9-27, City of Denton Code of Ordinances, Council extends the effective period of Declaration of Local Disaster executed by the Mayor on March 13, 2020 until 11:59 p.m. on March 31, 2022 in the interest of public health and safety in an attempt to prevent the spread of COVID-19, unless further extended, revised, or terminated by law. SECTION 3. The Council hereby adopts the Eighteenth Order of Council, dated December 14, 2021, attached hereto as Exhibit "A." SECTION 4. It is Council's intent that this Ordinance and the Order of Council attached hereto supersede and replace the prior Orders of Council, passed March 17, 2020 through Ordinance 20-420, March 20, 2020 through Ordinance 20-740, April 6, 2020 through Ordinance 20-812, April 30 through Ordinance 20-873, May 5 through Ordinance 20-923, May 29 through Ordinance 20-980, June 23 through Ordinance 20-1199, June 26 through Ordinance 20-1255, July 28 through Ordinance 20-1423, August 25 through Ordinance 20-1597, September 22, 2020 through Ordinance 20-1845, December 17, 2020 through Ordinance 20-2467, March 16, 2021 through Ordinance 21-432, August 12, 2021 through Ordinance 21-1771, August 24, 2021 through Ordinance 21-1831, September 21, 2021 through Ordinance 21-1825, October 26, 2021 through Ordinance 21-2342, and November 16, 2021 through Ordinance 21-2432. To the extent those prior Orders conflict with the Order herein passed, they are repealed. SECTION 5. This Ordinance shall become effective at 11:59 p.m. on Dec 31, 2021. The motion to approve this Ordinance was made by`eK,c..n-t5eC_t- and seconded by deb RcM���-oc ; the Ordinance was passed and approved by the following vote [ - Page 4 of 5 1125 Abstain Absent PASSED AND APPROVED this the 11A t% day of�'C2.M�De C , 2021. ATTEST: ROSA RIOS, CITY SECRETARY BY:� APPROVED AS TO LEGAL FORM: MACK REINWAND1 ,, CITY ATTORNEY %1 �l iY �—nmieneanycamedncrnn«� DNdcxom,tic=ciNof.ndG dr<oEaQ au Department Users and Gmupz, ou=Gerieral Government, ou=Legal, cn=Catherine Clif[on, ai:=GUenne.Clihon@tl 6W'entonmm BY. Date:2021.12.1014:3):53-0600' GERARD HUDSPETH, MAYOR Page 5 of 5 1126 Aye Nay Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: ✓/ Paul Meltzer, At Large Place 6: Abstain Absent PASSED AND APPROVED this the 11A t% day of�'C2.M�De C , 2021. ATTEST: ROSA RIOS, CITY SECRETARY BY:� APPROVED AS TO LEGAL FORM: MACK REINWAND1 ,, CITY ATTORNEY %1 �l iY �—nmieneanycamedncrnn«� DNdcxom,tic=ciNof.ndG dr<oEaQ au Department Users and Gmupz, ou=Gerieral Government, ou=Legal, cn=Catherine Clif[on, ai:=GUenne.Clihon@tl 6W'entonmm BY. Date:2021.12.1014:3):53-0600' GERARD HUDSPETH, MAYOR Page 5 of 5 1126 EXHIBIT A I ITY of DENTON ^�T EIGHTEENTH ORDER OF THE COUNCIL j �.Jl� OF THE CITY OF DENTON DATE ISSUED: DECEMBER 14, 2021 Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted through person to person contact, especially in group settings, and it is essential that the spread of the virus be slowed. As the number of positive cases of COVID-19 continue to present a public health concern in the City of Denton, there is an immediate need to undertake the following measures described in this Order. PURSUANT TO THE DECLARATION EXTENDED BY COUNCIL ON DECEMBER 14, 2021 AND THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF ORDINANCES AND SECTION 418.108 OF THE TEXAS GOVERNMENT CODE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDERS: This Order pertaining to a Declaration of Local Disaster for Public Health Emergency shall take effect at 11:59 p.m. on December 31, 2021 and continue through 11:59 p.m. on January 31, 2022. I. Health and Safety Policy—Pre-K ThrouLyh 12 Public Schools and Child Care Centers. From the date of this Order, all child care centers and Pre -K through 12 Public Schools operating in the City of Denton must develop and implement a health and safety policy ("Health and Safety Policy"). The Health and Safety Policy must require, at a minimum, universal indoor masking that covers the nose and mouth for all teachers, staff, students, and visitors to child care centers and pre -K through 12 schools, regardless of vaccination status, except for children under 2 years of age. The Health and Safety Policy required to be developed and implemented by this Order may also include the implementation of other mitigating measures recommended by the CDC to control and reduce the transmission of COVID-19, such as maintaining at least 3 feet of physical distance between students within classrooms. The requirement of wearing a face mask does not apply if covering the nose and mouth poses a significant mental or physical health risk to the individual. II. Health and Safety Policy — Commercial Entities. From the date of this Order, all commercial entities in the City of Denton providing goods or services directly to the public must develop and implement a health and safety policy ("Health and Safety Policy"). The Health and Safety policy must require, at a minimum, universal indoor masking that covers the nose and mouth for all employees and visitors to the commercial entity's business premises or other facilities, except that an individual who is alone, or in the presence of only members of the same household or residence, in a separate room or single space that is not a common area, is not required to wear a face mask. The Health and Safety Policy required to be developed and implemented by this Executive Order may also include the implementation of other mitigating measures designed to control and reduce the transmission of COVID-19 such as temperature checks or health screenings. Commercial entities must post the Health and Safety Policy required by this Order in a conspicuous location sufficient to provide notice to employees and visitors of all health and safety requirements. Failure to develop and implement the Health and Safety Policy required by this Order within three (3) calendar days following the Effective Date may result in a fine not to exceed $1,000 for each violation. Any peace officer or other person with lawful authority is hereby 1127 authorized to enforce the provisions of this Order in accordance with the authority granted under the Texas Disaster Act of 1975. The requirement of wearing a face mask does not apply if covering the nose and mouth poses a significant mental or physical health risk to the individual. III. Face Coverings Required — City of Denton Buildings. From the date of this Order, all employees, contractors, and visitors when on the premises of a building, offices, or recreation center owned or operated by the City of Denton are required to wear a face mask that covers the nose and mouth, regardless of vaccination status. Any fitness -based classes where the wearing of masks by all participants cannot be achieved will be relocated outdoors or cancelled. Any person who is unable to attend classes at a recreation center due to this order will be refunded the remaining value of such membership or enrollment upon request. An individual who is alone, or in the presence of only members of the same household or residence, in a separate room or single space that is not a common area, is not required to wear a face mask. The requirement of wearing a face mask does not apply if covering the nose and mouth poses a significant mental or physical health risk to the individual. W. Face Coverings Strongly Urged — General Public. It is strongly urged that all people 2 years or older wear a face mask that covers the nose and mouth when in public indoor space. No civil or criminal penalty will be imposed on individuals for failure to wear a face mask. Please note that face coverings are a secondary strategy to other mitigation efforts. Face coverings are not a replacement for social distancing, frequent handwashing, testing after exposure, vaccination, and for self -isolation when sick. All people should follow CDC recommendations for how to wear and take off a face mask. Residents should keep up the following habits while in public: • washing hands before you leave home and when you return, • staying at least six feet away from others, • avoiding touching nose or face, • not using disposable masks more than three times, and • washing reusable cloth masks regularly to prevent the spread of the virus. IT IS SO ORDERED PURSUANT TO ORDINANCE NO. 21-2801 Mayor Gerard Hudspeth City of Denton Page 2 of 2 1128 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME—RULE MUNICIPAL CORPORATION, CONFIRMING THE EFFECTIVE PERIOD OF THE DECLARED STATE OF LOCAL DISASTER RELATED TO THE COVID-19 EMERGENCY AS PROVIDED IN ORDINANCE NO. 21-2801 TO MARCH 31, 2022; SUPERSEDING AND REPLACING THE EIGHTEENTH ORDER OF COUNCIL OF THE CITY OF DENTON ISSUED DECEMBER 14, 2021 APPROVED BY ORDINANCE NO. 21-2801; PROVIDING A REPEALER CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, beginning in December 2019, a novel coronavirus, now designated SARS- CoV2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization; and WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath, and in some cases the virus has caused death; and WHEREAS, the number of known cases of COVID-19 diagnosed in the State of Texas presents a hazard to public health; and WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its spread throughout the City of Denton and Denton County; and WHEREAS, on March 13, 2020, the Mayor executed a "Declaration of Local Disaster for Public Health Emergency" and an "Order of the Mayor of the City of Denton" pursuant to the Declaration; and WHEREAS, finding it in the best interest of the citizens of Denton, on March 17, 2020, the City Council, through Ordinance No. 20-721, extended the Declaration of Emergency through April 30, 2020 and issued an Order of the Council of the City of Denton including the authorization to expend no more than Five Hundred Fifty Thousand Dollars ($550,000.00) during this period to proceed with the necessary emergency responses and essential functions not already budgeted; and WHEREAS, City of Denton Code of Ordinances Section 9-54(b) provides for penalties for violation of proclamations of emergency and any rule, regulation, or order issued pursuant to such proclamation and Chapter 9 of the City of Denton Code of Ordinances; and WHEREAS, information about COVID-19 continued to evolve and measures were taken to respond to the latest information available; and WHEREAS, following updated information on the spread of COVID-19, the City Council amended the Order of Council on March 20, 2020; and WHEREAS, as COVID-19 continued to spread throughout the City and County of Denton, the Mayor issued a Second Declaration of Local Disaster on March 24, 2020, and an "Order of the Mayor of the City of Denton" pursuant to the Second Declaration, extending measures in an attempt to slow the spread of the disease; and Page 1 of 5 1129 WHEREAS, Governor Greg Abbott issued Executive Order GA -14 on March 31, 2020, further limiting public gatherings and defining which "essential services" were to continue during the declared state-wide emergency; and WHEREAS, GA -14 expressly preempted local ordinances, declarations, and orders in conflict with it; and WHEREAS, in compliance and to be consistent with GA -14, the City Council passed a Second Order of Council on April 6, 2020, superseding and replacing the prior orders of Council; and WHEREAS, Governor Abbott issued Executive Order GA -16 on April 17, 2020, superseding GA -14, allowing retail stores to reopen under certain conditions and using certain procedures; and WHEREAS, on April 27, 2020, Governor Abbott issued Executive Order GA -18, further ordering that people minimize social gatherings and in-person contact with people not in the same household except where necessary to obtain essential or reopened services, and still expressly preempting local ordinances, declarations, and orders in conflict with his orders; and WHEREAS, on April 28, 2020, Denton County issued a new Disaster Declaration and Executive Order of the Denton County Commissioners Court, which extended the emergency declaration through May 15, 2020 and incorporated the provisions of GA -18 and the social distancing guidelines promulgated by the Centers for Disease Control; and WHEREAS, on April 30, 2020, the City Council in compliance and to be consistent with the Governor's Executive Orders and the County Orders, extended the effectiveness of the Declaration of Local Disaster until 11:59 p.m. May 31, 2020 and thereafter as any subsequent proclamation renews the Texas Governor's disaster proclamation; and WHEREAS, on May 5, 2020, the City Council in compliance and to be consistent with the Governor's Executive Orders and the County Orders, extended the effectiveness of the Declaration of Local Disaster until 11:59 p.m. May 31, 2020; and WHEREAS, on May 29, 2020, the City Council in compliance with and to be consistent with the Governor's Orders, extended the effectiveness of the Declaration of Local Disaster until 11:59 p.m. June 30, 2020; and WHEREAS, on June 3, 2020, Governor Abbott issued Executive Order GA -26, ordering that people should not be in groups larger than ten and should maintain a distance of six feet of social distancing from those not in their group, and still expressly preempting local ordinances, declarations, and orders in conflict with his orders; and WHEREAS, on June 23, 2020, Governor Abbott amended Executive Order GA -26, permitting county judges and mayors to place additional restrictions on outdoor gatherings estimated to consist of 100 people or more; and Page 2 of 5 1130 WHEREAS, on June 23, 2020, the City Council in compliance with and to be consistent with the Governor's Orders, extended the effectiveness of the Declaration of Local Disaster until 11:59 p.m. August 31, 2020; and WHEREAS, Governor Abbott indicated that local governments may require businesses to develop Health and Safety policies; and WHEREAS, on June 26, 2020, Governor Abbott issued Executive Order GA -28, ordering that certain businesses return to 50 percent of occupancy limits and prohibiting certain gatherings and visiting bars; and WHEREAS, on July 2, 2020, Governor Abbott issued Executive Order GA -29, ordering face coverings and providing for a penalty for violation of his order and amending Executive Order GA -28 allowing for penalties; and WHEREAS, also on July 2, 2020, Governor Abbott further amended Executive Order GA - 28 to limit gatherings to 10 people; and WHEREAS, on August 25, 2020, the City Council, in compliance with and to be consistent with the Governor's Orders, extended the effectiveness of the Declaration of Local Disaster until 11:59 p.m. September 30, 2020; and WHEREAS, on September 17, 2020, Governor Abbott issued Executive Order GA -30, amending and superseded GA -28; and WHEREAS, also on September 17, 2020, Governor Abbott issued Executive Order GA - 31, amending and superseding GA -19; and WHEREAS, on September 22, 2020, the City Council, in compliance with and to be consistent with the Governor's Orders, extended the effectiveness of the Declaration of Local Disaster until December 31, 2020; and WHEREAS, on October 7, 2020, Governor Abbott issued Executive Order GA -32, superseding GA -30; and WHEREAS, on December 17, 2020, the City Council, in compliance with and to be consistent with the Governor's Orders, extended the effectiveness of the Declaration of Local Disaster until March 31, 2021; and WHEREAS, on March 2, 2021, Governor Abbott issued Executive Order GA -34, superseding GA -17, GA -25, GA -29, GA -31, and GA -32; and WHEREAS, on April 5, 2021, Governor Abbott issued Executive Order GA -35 and on May 18, 2021 Governor Abbott issued GA -36; and WHEREAS, Governor Abbott has renewed the disaster declaration for the State of Texas every 30 days, most recently on August 30, 2021; and WHEREAS, on June 30, the City Council extended the Declaration of Local Disaster through September 30, 2021; and Page 3 of 5 1131 WHEREAS, on August 12, 2021, the City Council adopted a Thirteenth Order of Council relating to masks requirements and adopted a Fourteenth Order of Council on August 24, modifying mask requirements; and WHEREAS, on September 21, 2021, the City Council adopted a Fifteenth Order of Council relating to mask requirements; and WHEREAS, on October 26, 2021, the City Council adopted a Sixteenth Order of Council relating to masks requirements and extended those provisions through the adoption of a Seventeenth Order of Council on November 16, 2021; and WHEREAS, on December 14, 2021, the City Council extended the Declaration of Local Disaster through March 31, 2022, and adopted an Eighteenth Order of Council relating to mask requirements; and WHEREAS, the City Council finds that it is in the best interest of the citizens of the City of Denton to adopt a Nineteenth Order of Council; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The facts, circumstances, and recitations contained in the preamble of this Ordinance are found and declared to be true and correct, and are incorporated herein by reference as if fully set out herein. SECTION 2. Pursuant to Section 418.108, Texas Government Code, and Section 9-27, City of Denton Code of Ordinances, Council confirms the effective period of Declaration of Local Disaster executed by the Mayor on March 13, 2020 until 11:59 p.m. on March 31, 2022 in the interest of public health and safety in an attempt to prevent the spread of COVID-19, unless further extended, revised, or terminated by law. SECTION 3. The Council hereby adopts the Nineteenth Order of Council, dated January 25, 2022, attached hereto as Exhibit "A." SECTION 4. It is Council's intent that the Order of Council attached hereto supersede and replace the prior Orders of Council, passed March 17, 2020 through Ordinance 20-420, March 20, 2020 through Ordinance 20-740, April 6, 2020 through Ordinance 20-812, April 30 through Ordinance 20-873, May 5 through Ordinance 20-923, May 29 through Ordinance 20-980, June 23 through Ordinance 20-1199, June 26 through Ordinance 20-1255, July 28 through Ordinance 20- 1423, August 25 through Ordinance 20-1597, September 22, 2020 through Ordinance 20-1845, December 17, 2020 through Ordinance 20-2467, March 16, 2021 through Ordinance 21-432, August 12, 2021 through Ordinance 21-1771, and August 24, 2021 through Ordinance 21-1831, September 21, 2021 through Ordinance 21-1825, October 26, 2021 through Ordinance 21-2342, November 16, 2021 through Ordinance 21-2432, and December 14, 2021 through Ordinance 21- 2801. To the extent those prior Orders conflict with the Order herein passed, they are repealed. SECTION 5. This Ordinance shall become effective iminediately upon its passage and approval. Page 4 of 5 1132 The motion to approve this Ordinance was made by and seconded by ; the Ordinance was passed and approved by the following vote [ - 1: Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the ATTEST: ROSA RIOS, CITY SECRETARY :• APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY AAyeNva y Abstain Absent day of 12022. GERARD HUDSPETH, MAYOR Page 5 of 5 1133 4CO t--- frY 46 DENTON EXHIBIT A NINETEENTH ORDER OF THE COUNCIL OF THE CITY OF DENTON DATE ISSUED: JANUARY 25, 2022 Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted through person to person contact, especially in group settings, and it is essential that the spread of the virus be slowed. As the number of positive cases of COVID-19 continue to present a public health concern in the City of Denton, there is an immediate need to undertake the following measures described in this Order. PURSUANT TO THE DECLARATION EXTENDED BY COUNCIL ON DECEMBER 14, 2021 AND THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF ORDINANCES AND SECTION 418.108 OF THE TEXAS GOVERNMENT CODE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDERS: This Order pertaining to a Declaration of Local Disaster for Public Health Emergency shall take effect at 11:59 p.m. on January 31, 2021 and continue through 11:59 p.m. on March 31, 2022. I. Health and Safety Policy — Pre -K Through 12 Public Schools and Child Care Centers. From the date of this Order, all child care centers and Pre -K through 12 Public Schools operating in the City of Denton must develop and implement a health and safety policy ("Health and Safety Policy"). The Health and Safety Policy must require, at a minimum, universal indoor masking that covers the nose and mouth for all teachers, staff, students, and visitors to child care centers and pre -K through 12 schools, regardless of vaccination status, except for children under 2 years of age. The Health and Safety Policy required to be developed and implemented by this Order may also include the implementation of other mitigating measures recommended by the CDC to control and reduce the transmission of COVID-19, such as maintaining at least 3 feet of physical distance between students within classrooms. The requirement of wearing a face mask does not apply if covering the nose and mouth poses a significant mental or physical health risk to the individual. II. Health and Safety Policy — Commercial Entities. From the date of this Order, all commercial entities in the City of Denton providing goods or services directly to the public must develop and implement a health and safety policy ("Health and Safety Policy"). The Health and Safety policy must require, at a minimum, universal indoor masking that covers the nose and mouth for all employees and visitors to the commercial entity's business premises or other facilities, except that an individual who is alone, or in the presence of only members of the same household or residence, in a separate room or single space that is not a common area, is not required to wear a face mask. The Health and Safety Policy required to be developed and implemented by this Executive Order may also include the implementation of other mitigating measures designed to control and reduce the transmission of COVID-19 such as temperature checks or health screenings. Commercial entities must post the Health and Safety Policy required by this Order in a conspicuous location sufficient to provide notice to employees and visitors of all health and safety requirements. Failure to develop and implement the Health and Safety Policy required by this Order within three (3) calendar days following the Effective Date may result in a fine not to exceed $1,000 for each violation. Any peace officer or other person with lawful authority is hereby 1134 authorized to enforce the provisions of this Order in accordance with the authority granted under the Texas Disaster Act of 1975. The requirement of wearing a face mask does not apply if covering the nose and mouth poses a significant mental or physical health risk to the individual. III. Face Coverings Required — City of Denton Buildings. From the date of this Order, all employees, contractors, and visitors when on the premises of a building, offices, or recreation center owned or operated by the City of Denton are required to wear a face mask that covers the nose and mouth, regardless of vaccination status. Any fitness -based classes where the wearing of masks by all participants cannot be achieved will be relocated outdoors or cancelled. Any person who is unable to attend classes at a recreation center due to this order will be refunded the remaining value of such membership or enrollment upon request. An individual who is alone, or in the presence of only members of the same household or residence, in a separate room or single space that is not a common area, is not required to wear a face mask. The requirement of wearing a face mask does not apply if covering the nose and mouth poses a significant mental or physical health risk to the individual. IV. Face Coverings Strongly Urged — General Public. It is strongly urged that all people 2 years or older wear a face mask that covers the nose and mouth when in public indoor space. No civil or criminal penalty will be imposed on individuals for failure to wear a face mask. Please note that face coverings are a secondary strategy to other mitigation efforts. Face coverings are not a replacement for social distancing, frequent handwashing, testing after exposure, vaccination, and for self -isolation when sick. All people should follow CDC recommendations for how to wear and take off a face mask. Residents should keep up the following habits while in public: • washing hands before you leave home and when you return, • staying at least six feet away from others, • avoiding touching nose or face, • not using disposable masks more than three times, and • washing reusable cloth masks regularly to prevent the spread of the virus. IT IS SO ORDERED PURSUANT TO ORDINANCE NO. Mayor Gerard Hudspeth City of Denton Page 2 of 2 1135 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 21-2802, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton to declare the intent to reimburse capital program expenditures of the General Government ($3,301,305) with Tax Preferred Obligations (Certificates of Obligation and General Obligation Bonds) with an aggregate maximum principal amount not to exceed $3,301,305; and providing an effective date. City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legista 1136 DENTON DEPARTMENT: ACM/CFO: DATE: City of Denton AGENDA INFORMATION SHEET Finance David Gaines January 25, 2022 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com SUBJECT Consider adoption of an ordinance of the City of Denton to declare the intent to reimburse capital program expenditures of the General Government ($3,301,305) with Tax Preferred Obligations (Certificates of Obligation and General Obligation Bonds) with an aggregate maximum principal amount not to exceed $3,301,305; and providing an effective date. BACKGROUND The purpose of this item is to allow staff to begin these projects prior to the bond sale. This is request of Council as the IRS requires that Council take action to officially state its intent to reimburse the City from future tax-exempt debt. Initially, funding for the expenditures will be provided with unreserved fund balances. Once the debt is sold in the bond sale process, these expenditures will be reimbursed from the proceeds from bonds sold in the summer of 2022. The reimbursement process is allowed by the City's Debt Policy. The 2014 Bond Program included Proposition 4: Park System Improvements. Bids for the Tennis Center in the 2014 proposition came in higher than anticipated thus an additional $1,301,305 is necessary to complete the project. A budget amendment for this project is a separate item for City Council consideration in today's agenda. The 2019 Bond Program's Park Proposition 3 land acquisition in the amount of $2,000,000 is included in this fiscal year's CIP budget. PRIOR ACTION REVIEW (Council, Boards, Commissions) On September 21, 2021, City Council approved the Capital Improvement Plan's budget for Fiscal Year 2021-22. RECOMMENDATION Staff recommends adoption of the ordinance. EXHIBITS Exhibit 1 — Agenda Information Sheet Exhibit 2 —Project Listing Exhibit 3 — Ordinance Exhibit 4 — Presentation Respectfully submitted: Randee Klingele, 349-8206 Treasury Manager 1137 CAPITAL IMPROVEMENT PROJECT LISTING - DETAILED SERIES 2022 - Reimbursement Ordinance As of January 25, 2022 1138 FY 21-22 DEBT FUNDED PROJECTS Term CIP Budget GENERAL OBLIGATION PROJECTS: Parks Tennis Center 20 $1,301,305 SUBTOTAL - Parks (PROPOSITION 4) 2014 Bond Election $1,301,305 Parks Land 20 $2,000,000 SUBTOTAL - Parks (PROPOSITION 3) 2019 Bond Election $2,000,000 TOTAL GOs - GENERAL GOVERNMENT $3,301,305 1138 AN ORDINANCE OF THE CITY OF DENTON TO DECLARE THE INTENT TO REIMBURSE CAPITAL PROGRAM EXPENDITURES OF THE GENERAL GOVERNMENT ($3,301,305) WITH TAX -PREFERRED OBLIGATIONS (CERTIFICATES OF OBLIGATION AND GENERAL OBLIGATION BONDS) WITH AN AGGREGATE MAXIMUM PRINCIPAL AMOUNT NOT TO EXCEED $3,301,305; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures in connection with the ongoing capital expansion of the General Government approved as part of the FY 2021-22 Capital Improvement Program Budget and described on Exhibit "A" hereto (collectively, the "Projects") prior to the issuance of Certificates of Obligation and General Obligation Bonds which are tax-exempt obligations, tax -credit obligations and/or obligations for which a prior expression of intent to finance or refinance is required by Federal or state law to finance the Projects; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention to reimburse itself for such payments at such time as it issues the obligations to finance the Projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Issuer reasonably expects to incur debt, as one or more series of tax- exempt obligations, tax -credit obligations and/or obligations for which a prior expression of intent to finance or refinance is required by Federal or state law (collectively and individually, the "Tax - Preferred Obligations"), with an aggregate maximum principal amount equal to $3,301,305 for the purpose of paying the costs of the Projects as described in Exhibit "A" attached hereto and incorporated by reference herein for all purposes. SECTION 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No Tax -Preferred Obligations will be issued by the Issuer in furtherance of this ordinance after a date which is later than 18 months after the later of (i) the date the expenditures are paid or (ii) the date on which the property, with respect to which such expenditures were made, is placed in service. SECTION 3. The foregoing notwithstanding, no Tax -Preferred Obligation will be issued pursuant to this ordinance more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4. The foregoing Sections 2 and 3 notwithstanding, all costs to be reimbursed with qualified tax credit obligations shall not be paid prior to the date hereof and no tax credit obligations shall be issued after 18 months of the date the original expenditure is made. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. 1139 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: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the 25th day of January, 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY :• APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Mack Reinwand (xk kDate: 2022.01.19 11:33:19 BY: -06'00' 1140 EXHIBIT "A" CAPITAL IMPROVEMENT PROJECT LISTING - DETAILED SERIES 2022 - Reimbursement Ordinance As of January 25, 2022 1141 FY 21-22 DEBT FUNDED PROJECTS Term CIP Budget GENERAL OBLIGATION PROJECTS: Parks Tennis Center 20 $1,301,305 SUBTOTAL - Parks (PROPOSITION 4) 2014 Bond Election $1,301,305 Parks Land 20 $2,000,000 SUBTOTAL - Parks (PROPOSITION 3) 2019 Bond Election $2,000,000 TOTAL GOs - GENERAL GOVERNMENT $3,301,305 1141 City Council Reimbursement Ordinance JANUARY 25, 2022 RANDEE KLINGELE, TREASURY MANAGER Purpose of Reimbursement Ordinance o Federal Law requires formal documentation of the City's intent to reimburse itself with tax exempt bonds to be issued at a future date. o Generally, the sale of bonds is within 12 months of the adoption of a reimbursement ordinance or before the end of the fiscal year. o Reimbursement ordinance allowed by Debt Policy. GO Funded Projects General Government— FY 2021-22 Capital Improvement Plan Project Parks Tennis Center Parrs (Proposition 4) 2014 Bond Election Parr Land Parrs (Proposition 3) 2019 goad Election TOTAL GOs - GENERAL GOVERN ME NT r FY 21-22 Budget 51,301,305 $1,301,305 2,, $3,301,305 Next Steps February 2022 Staff reviews GO bond sale items with Bond Oversight Committee. April 2022 Council considers adoption of a Notice of Intention Ordinance to issue COs. June 2022 Council considers approval of a parameters ordinance authorizing the sale of both General Obligation Bonds and Certificates of Obligation. July 2022 Projected bond sale date, if market conditions are favorable. July 2022 Projected close of sale and delivery of funds. QUESTIONS 1146 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-196, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas, amending the fiscal year 2021-2022 budget and Annual Program of Services of the City of Denton to allow for adjustments to the Capital Improvement Program of $1,301,305; declaring a public purpose; providing a severability clause, an open meetings clause and an effective date. City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legista 1147 11'1%1_0001� DENTON DEPARTMENT: ACM/CFO: DATE: City of Denton AGENDA INFORMATION SHEET Finance David Gaines January 25, 2022 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, amending the fiscal year 2021-2022 budget and Annual Program of Services of the City of Denton to allow for adjustments to the Capital Improvement Program of $1,301,305; declaring a public purpose; providing a severability clause, an open meetings clause and an effective date. BACKGROUND City staff is proposing to amend the City's FY 2021-22 Capital Improvement Program budget as follows: Increase appropriations in the Capital Improvement Program by $1,301,305 for expenses related to construction of the North Lakes Park Tennis Center. This amendment increases the expenditure budget for the Capital Improvement Program from $665,229,530 to $666,530,835. On January 4, 2022, bids were received for the North Lakes Park Tennis Center (Round 2). Only two bids were received in Round 2, but both were deemed acceptable by Purchasing. The bids received were as follows: North Rock Construction Lowest Bid Hellas Construction Base: (10 Tennis Courts) $4,007,550.91 Base: (10 Tennis Courts) $4,599,187.00 Alt 1: (2 Tennis Courts) $312,287.52 Alt 1: (2 Tennis Courts) $369,962.00 Alt 2: (4 Pickleball Courts) $240,073.54 Alt 2: (4 Pickleball Courts) $260,788.00 Alt 3: (4 Pickleball Courts) $176,917.85 Alt 3: (4 Pickleball Courts) $186,808.00 Sub -total $4,736,829.82 Sub -total $5,416,745.00 10% Contingency $473,682.98 10% Contingency $541,674.50 Total $5,210,512.80 Total $5,958,419.50 The City has received multiple requests for dedicated pickleball courts. Currently the City has resurfaced existing tennis courts to include Pickleball lines. Pickleball courts are 1/4 the size of a tennis court but can be used for youth tennis training. Two alternates, Alternate 2 and 3, for additional pickleball courts were added to the bid to gain favorable construction pricing. Awarding a construction contract for the base plus all alternatives fulfills the commitment to the public in the original 2014 bond initiative of 12 courts and addresses public comments and the facility master plan with additional pickleball courts. The current funding available for the construction phase of the project is $3,909,208, leaving a funding gap of $1,301,305. Staff recommends issuing Certificates of Obligations to fund the additional $1,301,305 for construction. If City Council approves the additional funding request, the construction contract will be presented for Council consideration on February 15, 2022. 1148 RECOMMENDATION Staff recommends adoption of the ordinance. FISCAL INFORMATION This ordinance will amend the FY 2021-22 Budget and Annual Program of Services to allow for an increase to the Capital Improvement Program by $1,301,305. EXHIBITS 1. Agenda Information Sheet 2. Ordinance 3. Presentation Respectfully submitted: Cassey Ogden Director of Finance (940) 349-7195 Prepared by: Matt Hamilton Financial Analyst Supervisor (940) 349-8127 1149 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE FISCAL YEAR 2021-2022 BUDGET AND ANNUAL PROGRAM OF SERVICES OF THE CITY OF DENTON TO ALLOW FOR ADJUSTMENTS TO THE CAPITAL IMPROVEMENTS PROGRAM OF $1,301,305; DECLARING A PUBLIC PURPOSE; PROVIDING A SEVERABILITY CLAUSE, AN OPEN MEETINGS CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 21-1986, the City Council of the City of Denton, Texas ("City Council"), approved the Fiscal Year 2021-2022 Budget and Annual Program of Services (the "Budget'); and WHEREAS, the City of Denton desires to increase funding in the Capital Improvements Program; and WHEREAS, the City Council finds that this Budget Amendment serves an important municipal purpose as eligible items for expenditure in the current Budget, consistent with Section 102.010 of the Texas Local Government Code and other applicable laws; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the above preamble to this Ordinance are true and correct and are hereby adopted. SECTION 2. The Fiscal Year 2021-2022 Budget and Annual Program of Services is hereby amended by the City Council as follows: to allow for adjustments to the Capital Improvements Program of $1,301,305 increasing appropriations from $665,229,530 to $666,530,835. SECTION 3. This Ordinance shall be filed with the City Secretary, who is directed to attach a copy of this Ordinance to the Fiscal Year 2021-2022 Budget and Annual Program of Services. SECTION 4. This Ordinance was approved by at least five members of the City Council as required by Section 8.08 of the City Charter. SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 6. It is officially found and determined that the meeting at which this Ordinance was passed was open to the public as required by law, and the public notice of the time, place and purpose of this meeting was given as required by law. SECTION 7. This Ordinance shall become effective immediately upon its passage and approval. 1150 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: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2022. ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Mack � Datnd Date: 2 Date: 2022.01.21 09:37:45 BY: 06 00 GERARD HUDSPETH, MAYOR Page 2 1151 sidl?Tf11�t�iF""1111f 11{I FY 2021-22 CIP Budget Amendment January 25, 2022 ID 22-196 -le Y �:t DEN] 1152 FY 2021-22 CIP Proposed Budget Amendment The proposed budget amendment will increase the expenditure budget for the Capital Improvement Program by $1,301,305 from $665.,229.,530 to $666,,530.,835. The additional funds will be used to construct the North Lakes Park Tennis Center. January 25, 2022 ID 22-196 1153 Tennis Center Construction - Phase 2 (Courts/Grounds) • Current funding for Tennis Center - $3,909,208 • Includes USTA grants of $40,000 awarded • Lowest Bid - $5,210,513 (North Rock Construction) • Resulting funding gap - $1,301,305 • Bond program called for 12 tennis courts • Strong public interest in dedicated pickleball courts • The budget amendment would provide enough funding to complete the project with 12 tennis courts and 8 pickleball courts. • Staff recommends issuing Certificates of Obligations to fund the additional $1.3 million for construction. January 25, 2022 ID 22-196 North Lakes Tennis Center CONCEPT PLAN (1/2022) L 154 III ij� II 6kLRNp � U duesfi ns?r January 25, 2022 ID 22-196 IV �lp nv t ( � ''(�fY v r ■ I Cj e k I w �wJmmmpw— W� � op, piei IN City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-152, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Jagoe-Public Company, for the construction of the 2020 Street Bundle - Sector III Project with geographical limits as follows: Uland Street from Railroad Avenue to Rose Street, North Wood Street from Paisley Street to East McKinney Street, Rose Street from Paisley Street to Uland Street, Hettie Street from Paisley Street to East McKinney Street, East McKinney Street from North Crawford Street to Audra Lane, North Bradshaw Street from East McKinney Street to East Hickory Street, North Crawford Street from East Oak Street to East Hickory Street, South Wood Street from East McKinney Street to East Sycamore Street, and East Hickory Street from Exposition Street to South Ruddell Street; providing for the expenditure of funds therefor; and providing an effective date (CSP 7857 - awarded to Jagoe- Public Company, in the not -to -exceed amount of $7,270,665.36). City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legista 1156 - P"I'll" DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager to execute a contract with Jagoe-Public Company, for the construction of the 2020 Street Bundle — Sector III Project with geographical limits as follows: Uland Street from Railroad Avenue to Rose Street, North Wood Street from Paisley Street to East McKinney Street, Rose Street from Paisley Street to Uland Street, Hettie Street from Paisley Street to East McKinney Street, East McKinney Street from North Crawford Street to Audra Lane, North Bradshaw Street from East McKinney Street to East Hickory Street, North Crawford Street from East Oak Street to East Hickory Street, South Wood Street from East McKinney Street to East Sycamore Street, and East Hickory Street from Exposition Street to South Ruddell Street; providing for the expenditure of funds therefor; and providing an effective date (CSP 7857 — awarded to Jagoe-Public Company, in the not -to -exceed amount of $7,270,665.36). INFORMATIONBACKGROUND The 2020 Street Bundle — Sector III Project consists of street reconstruction of Uland Street from Railroad Avenue to Rose Street, North Wood Street from Paisley Street to East McKinney Street, Rose Street from Paisley Street to Uland Street, Hettie Street from Paisley Street to East McKinney Street, East McKinney Street from North Crawford Street to Audra Lane, North Bradshaw Street from East McKinney Street to East Hickory Street, North Crawford Street from East Oak Street to East Hickory Street, South Wood Street from East McKinney Street to East Sycamore Street, and East Hickory Street from Exposition Street to South Ruddell Street. This reconstruction includes new curbs and gutters, asphalt roadways, as well as upgraded water and wastewater facilities. This project is a portion of the 2020 Street Bundle, which includes street segments funded from the 2012 and 2014 Bond Program and was originally intended to be an outsourced design. The project was moved to in-house design and broken into three sectors to save on project cost and to improve efficiency during construction. This is the third and final sector to be advertised for solicitation in the 2020 Street Bundle. The 2020 Street Bundle — Sector III Project has a total estimated cost of $7,270,665.36. This estimate includes a $6,924,443.20 total base proposal amount, including alternates A and B, and a contingency of $346,222.16. 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. The street segments in the 2020 Street Bundle — Sector III Project were approved as part of the 2012 and 2014 Street Reconstruction Bond Programs. The intent of getting these segments constructed is to uphold 1157 the staff's commitment to complete the remaining 2012 and 2014 Street Reconstruction Bond segments by December 2022. Competitive Sealed Proposals were sent to 1,155 prospective suppliers, including 67 Denton firms. In addition, specifications were placed on the Procurement and Compliance website for prospective suppliers to download and advertised in the local newspaper. Four (4) proposals were received, references were checked, and proposals were evaluated based upon published criteria including personnel, quality, reputation, ability to complete projects, schedule, safety, and price. Best and Final Offers (BAFO) were requested from the top firm. Based upon this evaluation, Jagoe-Public Company was ranked the highest and determined to be the best value for the City. NIGP Code Used for Solicitation: 911, 912, 913, & 925 Notifications sent for Solicitation sent in Ionwave: 1,155 Number of Suppliers that viewed Solicitation in Ionwave: 41 HUB -Historically Underutilized Business Invitations sent out: 129 SBE -Small Business Enterprise Invitations sent out: 417 Responses from Solicitation: 4 Due to the rise in Covid19 cases, this item will be taken retroactively to the Public Utilities Board once meetings resume. RECOMMENDATION Award a contract with Jagoe-Public Company, for the construction of the 2020 Street Bundle — Sector III Project with geographical limits as follows: Uland Street from Railroad Avenue to Rose Street, North Wood Street from Paisley Street to East McKinney Street, Rose Street from Paisley Street to Uland Street, Hettie Street from Paisley Street to East McKinney Street, East McKinney Street from North Crawford Street to Audra Lane, North Bradshaw Street from East McKinney Street to East Hickory Street, North Crawford Street from East Oak Street to East Hickory Street, South Wood Street from East McKinney Street to East Sycamore Street, and East Hickory Street from Exposition Street to South Ruddell Street, in a not -to -exceed amount of $7,270,665.36. PRINCIPAL PLACE OF BUSINESS Jagoe-Public Company Denton, TX ESTIMATED SCHEDULE OF PROJECT This project will be started upon approval with a completion date within 360 calendar days. FISCAL INFORMATION These services will be funded from General Obligation and Certificate of Obligation Funds. 1158 EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Pricing Evaluation Exhibit 3: Presentation Exhibit 4: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Scott Fettig, 940-349-8909. Legal point of contact: Marcella Lunn at 940-349-8333. 1159 Exhibit 2 CSP 7857 - Pricing Evaluation for 2020 Street Bundle -Sector III Respondent's Business Name: Principal Place of Business (City and State): Jagoe-Public Company TexasBit Pavecon Public Works, LP Reliable Commercial Construction Denton, Tx Irving, TX Grand Prairie, TX Arlington, TX Line # Description Unit Unit Unit Unit 1 Total Base Proposal Amount $6,783,332.20 $8,420,213.91 $7,278,286.05 $7,773,084.00 2 Total Base Proposal + Alternate A Amount $6,810,212.20 $8,446,925.81 $7,301,392.10 $7,800,114.00 3 Total Base Proposal + Alternate B Amount $6,897,563.20 $8,542,730.59 $7,394,618.80 $7,927,334.00 4 Total Base Proposal + Alternate A and B Amount $699249443.20 $8,569,442.49 $7,417,724.85 $7,954,364.00 Alternate A and B Contingency - 5%: $346,222.16 Total Contract Amount: 1 $7,270,665.36 Evaluation Item # Evaluation Criteria Jagoe-Public Company TexasBit Pavecon Public Works, LP Reliable Commercial Construction 1 Offeror's Key Personnel - 10% 9.50 9.25 5.75 2.00 2 Quality, Reputation, and Ability to Complete Similar Projects on Schedule and Within Budget - 25% 17.50 20.00 15.00 7.50 3 Detailed Schedule and Written Plan - 20% 17.00 17.00 9.00 4.00 4 Offeror's Safety Record - 5% 3.00 2.50 3.00 3.00 5 Price, Total Cost of Ownership - 40% 40.00 32.32 37.34 34.82 Total Score: 87.00 81.07 70.09 51.32 1160 2020 Street Bundle - Sector III Award of Construction Contract January 25, 2022 IMPROVING ��TY nF DE T N N ON DENTC6 ID# 22-152 PROJECT OVERVIEW Project Scope: • Roadway reconstruction • Wastewater upgrades (3000 Linear Feet) • Water upgrades (8700 Linear Feet) Project Extents: • Uland St. • Rose St. • North Wood • South Wood • Hettie St. • East McKinney St. • Bradshaw • East Oak • Crawford • East Hickory IMPROVING DEi\4 i ic-C),IN01/25/2022 ID# 22-152 MAY TIE INTO MH m e HWVI lZ N MAY I STREETS SEWER WATER 4 RoBtE OOM ABANDON WATER )0000 ABANDON SEWER U TNP DESIGNED CHAP--- BANDONE e & 6�� IEE 0 ABANDONa12" TROY H "ROME TROY H. LA"E PRIWITE SIGN TIE PCCP 18" PRIV a 1162 W f 4 BARBER LEHRMAN 716ANNER C' DAVIS IILM1FId I r PVI LL' OVER AY 1 ACK I EV DAk 0 ID# 22-152 MAY TIE INTO MH m e HWVI lZ N MAY I STREETS SEWER WATER 4 RoBtE OOM ABANDON WATER )0000 ABANDON SEWER U TNP DESIGNED CHAP--- BANDONE e & 6�� IEE 0 ABANDONa12" TROY H "ROME TROY H. LA"E PRIWITE SIGN TIE PCCP 18" PRIV a 1162 Proposals Received hero 4 Evaluation cliteiia jagoe-Pudic C'olmpaily TexasBit Pavecon Public Wofks. LP Reliable Conmiercial Constiliction 1 Ofl~eror's Key Personnel -10% 9.50 9.25 5.75 2.00 Quality. Reputation. aiaki Ability to Complete Similar Projects on Schedtile and Withlli Budget - 25% 17.50 20.00 15,00 7.50 3 Detailed Schedule acid Wiitteii Phui - 20° 0 17.00 17.00 9.00 4.00 4 Offeror' S S J eta Record - 5° 3.00 2.50 3.00 3.00 5 Price. Total Cost of ChNller�hip - 40'.� 40.00 .32.32 37.34 34.82 Total score: 57.00 81.07 70,09 51.32 Note: Competitive Sealed Proposals (CSP) was used instead of the traditional low -bid methodology. CSP was used so that factors other than price were considered when selecting the most qualified contractor. IMPROVING DLi\4 i ic,,C),N01/25/2022 1D# 22-152 1163 Project Schedule • Design: Prepared in-house. Completed in November 2021 • Public Utilities Board: February 14, 2022 ( Retro due to January PUB meetings being canceled) • Council Award: January 25, 2022 • Notice to Proceed: February 2022 • Construction Completion: o December 2022 (Substantial -330 calendar days from notice to proceed)* o January 2023 (Final -360 calendar days from notice to proceed)* *Dates are weather dependent IMPROVINGDLi\4 -- I N01/25/2022 ID# 22-152 1164 Staff Recommendation Authorize contract approval with $6,924,443.20 for the construction of the 2020 Street Bundle — Sector III Project for the not -to -exceed amount of $7,270,665.36, which includes the 5% project contingency. IMPROVING D L i \4 i IN01/25/2022 1D# 22-152 1165 IMPROVING DAN i (OLC)r 01/25/2022 Questions? ID# 22-152 1166 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH JAGOE-PUBLIC COMPANY, FOR THE CONSTRUCTION OF THE 2020 STREET BUNDLE — SECTOR III PROJECT WITH GEOGRAPHICAL LIMITS AS FOLLOWS: ULAND STREET FROM RAILROAD AVENUE TO ROSE STREET, NORTH WOOD STREET FROM PAISLEY STREET TO EAST MCKINNEY STREET, ROSE STREET FROM PAISLEY STREET TO ULAND STREET, HETTIE STREET FROM PAISLEY STREET TO EAST MCKINNEY STREET, EAST MCKINNEY STREET FROM NORTH CRAWFORD STREET TO AUDRA LANE, NORTH BRADSHAW STREET FROM EAST MCKINNEY STREET TO EAST HICKORY STREET, NORTH CRAWFORD STREET FROM EAST OAK STREET TO EAST HICKORY STREET, SOUTH WOOD STREET FROM EAST MCKINNEY STREET TO EAST SYCAMORE STREET, AND EAST HICKORY STREET FROM EXPOSITION STREET TO SOUTH RUDDELL STREET; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (CSP 7857 — AWARDED TO JAGOE-PUBLIC COMPANY, IN THE NOT -TO -EXCEED AMOUNT OF $7,270,665.36). WHEREAS, the City has solicited, received, and evaluated competitive proposals for the construction of the 2020 Street Bundle — Sector III Project with geographical limits as follows: Uland Street from Railroad Avenue to Rose Street, North Wood Street from Paisley Street to East McKinney Street, Rose Street from Paisley Street to Uland Street, Hettie Street from Paisley Street to East McKinney Street, East McKinney Street from North Crawford Street to Audra Lane, North Bradshaw Street from East McKinney Street to East Hickory Street, North Crawford Street from East Oak Street to East Hickory Street, South Wood Street from East McKinney Street to East Sycamore Street, and East Hickory Street from Exposition Street to South Ruddell Street; and WHEREAS, the City Manager, or a designated employee, has received, reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the completive sealed proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered competitive sealed proposal for materials, equipment, supplies, or services shown in the "Competitive Sealed Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the competitive sealed proposal. 1167 CSP NUMBER CONTRACTOR AMOUNT 7857 Jagoe-Public Company $7,270,665.36 SECTION 2. That by the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, specifications, standards, quantities, and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. That should the City and person submitting approved and accepted items wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager, or their 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, 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 their 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 seconded by following vote r Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: and . The ordinance was passed and approved by the Aye Nay Abstain Absent 1168 PASSED AND APPROVED this the day of , 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, n �r�1n f ou=City of Denton, BY: ,uu l�, email=marcella.lunn@cit yo denton.com�c= b Date: 2022.01.06 16:37:22 -06'00' 1169 DocuSign Envelope ID: 6BF242EE-2438-435A-92DA-C39344CEDA6C I CITY OF DENTON Docusign City Council Transmittal Coversheet RFP 7857 File Name 2020 street Bundle - sector III Purchasing Contact Cori Power City Council Target Date Piggy Back Option Not Applicable Contract Expiration Ordinance EDS 1170 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 52 44 AGREEMENT -CSP Page 1 of 7 1 SECTION 00 52 44 2 AGREEMENT - CSP 3 THIS AGREEMENT, authorized on is made by and between the City of Denton, 4 a Texas home rule municipal corporation, acting by and through its duly authorized City Manager, 5 ("City"), and Jagoe-Public Company, authorized to do business in Texas, acting by and through its 6 duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: 8 Article 1. WORK 9 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 10 Project identified herein. 11 Article 2. PROJECT 12 The project for which the Work under the Contract Documents may be the whole or only a part is 13 generally described as follows: 14 2020 Street Bundle — Sector III 15 CSP 7857 16 Article 3. CONTRACT PRICE 17 City agrees to pay Contractor for performance of the Work in accordance with the Contract 18 Documents an amount, in current funds, of Six million, nine hundred twenty-four thousand, four 19 hundred forty-three dollars and 20/100 cents ($6,924,443.20). At the sole option of the City, five 20 (5) percent contingency in the amount of Three hundred forty-six thousand, two hundred twenty - 21 two Dollars and 16/100 cents ($346,222.16) may be used for a total not -to -exceed amount of Seven 22 million, two hundred seventy thousand, six hundred sixty-five dollars and 36/100 cents 23 ($7,270,665.36). 24 Article 4. CONTRACT TIME 25 4.1 Time is of the essence. 26 All time limits for Milestones, if any, Substantial Completion and Final Acceptance as 27 stated in the Contract Documents are of the essence to this Contract. 28 4.2 Substantial Completion. 29 The Work will be Substantially Complete, as defined in the Supplementary Conditions, 30 within {330} Days after the date when the Contract Time commences to run, which is the 31 day indicated in the Notice to Proceed, plus any extension thereof allowed in accordance 32 with Article 11 of the General Conditions. 33 4.3 Final Acceptance. 34 The Work will be complete for Final Acceptance within {360) Days after the date when 35 the Contract Time commences to run, which is the day indicated in the Notice to Proceed, 36 plus any extension thereof allowed in accordance with Article 11 of the General 37 Conditions. 38 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 CSP 7857 1171 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 52 44 AGREEMENT -CSP Page 2 of 7 1 4.4 Liquidated Damages: 2 A. Contractor recognizes that time is of the essence to achieve Milestones, Substantial 3 Completion, and Final Acceptance of the Work, and City will suffer financial and other 4 losses if the Work is not completed within the times specified in the Contract 5 Documents. The Contractor also recognizes the delays, expense and difficulties 6 involved in proving, in a legal or arbitration proceeding, the actual loss suffered by the 7 City if the Work related to the Milestones, Substantial Completion, or Final Acceptance 8 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 9 agrees that liquidated damages for delay (but not as a penalty): 10 1. Substantial Completion: If the Contractor neglects, refuses, or fails to achieve 11 Substantial Completion, as defined in the Supplementary Conditions, within the 12 time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.2, 13 Contractor shall pay City One Thousand Dollars ($1,000.00) for each day that 14 expires after such time, until Substantial Completion is achieved. 15 2. Final Acceptance: If Contractor neglects, refuse, or fails to complete the Work 16 within the time (as duly adjusted pursuant to the Contract) specified in Paragraph 17 4.3, for completion and readiness for Final Payment, Contractor shall pay City Five 18 hundred Dollars ($500.00) for each day that expires after such time, until the date 19 determined by City as stated in the City -issued Letter of Final Acceptance. 20 Article 5. CONTRACT DOCUMENTS 21 5.1 CONTENTS: 22 A.The Contract comprises the entire agreement between City and Contractor concerning the 23 Work and consists of this Agreement and the items set forth below. The Contract 24 Documents consist of all items below other than this Agreement: 25 1. Attachments to this Agreement: 26 a. Proposal Form 27 1) Proposal Form 28 2) Unit Price Proposal Form 29 3) Vendor Compliance to State Law Non -Resident Offeror 30 4) State and Federal documents (project specific) 31 b. Current Prevailing Wage Rate Table 32 c. Worker's Compensation Affidavit 33 d. General Conditions. 34 e. Supplementary Conditions. 35 2. The following located in File 7857 at: 36 37 https://Ifpubweb.ciiyofdenton.com/MaterialsManaizement/Browse.aspx?startid= 38 19&row=1 &dbid=0&cr=1 39 40 a. Specifications described in the Table of Contents (Section 00 00 00) of the 41 Project's Contract Documents. 42 b. Drawings. 43 c. Addenda. 44 d. Documentation submitted by Contractor prior to Notice of Award. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 CSP 7857 1172 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 00 52 44 AGREEMENT -CSP Page 3 of 7 3. The following which shall be issued after the Effective Date of this Agreement and delivered to the City within ten (10) days of the Effective Date and before beginning Work: a. Payment Bond b. Performance Bond c. Maintenance Bond d. Power of Attorney for the Bonds e. Form 1295 — Certificate of Interested Parties (email to City's Materials Management department) f. Insurance Certificate 4. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 5. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 CSP 7857 1173 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 52 44 AGREEMENT -CSP Page 4 of 7 1 Article 6. INDEMNIFICATION 2 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 3 EXPENSE, THE CITY, ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, 4 AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS FOR 5 PERSONAL INJURY OR DEATH, ARISING OUT OF, OR ALLEGED TO ARISE 6 OUT OF, RELATED TO OR IN CONNECTION WITH THE WORK AND 7 SERVICES TO BE PERFORMED BY THE CONTRACTOR, ITS OFFICERS, 8 AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES 9 UNDER THIS CONTRACT. THIS INDEMNIFICATION PROVISION IS 10 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS 11 ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING 12 SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION 13 OR NEGLIGENCE OF THE CITY. THIS INDEMNITY PROVISION IS INTENDED 14 TO INCLUDE, WITHOUT LIMITATION, INDEMNITY FOR ANY AND ALL 15 COSTS, EXPENSES AND LEGAL FEES INCURRED BY THE CITY IN 16 DEFENDING AGAINST SUCH CLAIMS AND CAUSES OF ACTIONS. 17 18 6.2 CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD 19 HARMLESS AND DEFEND, AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS, 20 SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS 21 FOR, LOSS OF, DAMAGE TO, OR DESTRUCTION OF, PROPERTY OF THE CITY 22 OR OF A THIRD PARTY, ARISING OUT OF, OR ALLEGED TO ARISE OUT OF, 23 RELATED TO OR IN CONNECTION WITH THE WORK AND SERVICES TO BE 24 PERFORMED BY THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, 25 SUBCONTRACTORS, LICENSEES OR INVITEES UNDER THIS CONTRACT. 26 THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO 27 OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT 28 ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN 29 WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE 30 CITY. THIS INDEMNITY PROVISION IS INTENDED TO INCLUDE, WITHOUT 31 LIMITATION, INDEMNITY FOR ANY AND ALL COSTS, EXPENSES AND 32 LEGAL FEES INCURRED BY THE CITY IN DEFENDING AGAINST SUCH 33 CLAIMS AND CAUSES OF ACTIONS. 34 35 Article 7. MISCELLANEOUS 36 7.1 Capitalized Terms. 37 Unless otherwise stated herein, capitalized terms used in this Agreement which are defined 38 in Article 1 of the General Conditions will have the meanings indicated in the General 39 Conditions. 40 7.2 Assignment of Contract. 41 This Agreement, including all of the Contract Documents may not be assigned by the 42 Contractor without the advance express written consent of the City. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 CSP 7857 Effective January 15, 2021 1174 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 52 44 AGREEMENT -CSP Page 5 of 7 7.3 Successors and Assigns. 2 City and Contractor each binds itself, its partners, successors, assigns and legal 3 representatives to the other party hereto, in respect to all covenants, agreements and 4 obligations contained in the Contract Documents. 5 7.4 Severability. 6 Any provision or part of the Contract Documents held to be unconstitutional, void or 7 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 8 remaining provisions shall continue to be valid and binding upon City and Contractor. 9 7.5 Venue and Waiver of Sovereign Immunity. 10 This Agreement, including all of the Contract Documents is performable in the State of 11 Texas. Venue shall be in the state district courts of Denton County, Texas. The City's 12 sovereign immunity is waived only to the extent set forth and in accordance with the 13 provisions of Subchapter I, Chapter 271 of the Texas Local Government Code or as otherwise 14 specifically waived by law. The City does not waive its sovereign immunity to suit in federal 15 court. 16 7.6 Authority to Sign. 17 Contractor hereby certifies that the person signing the Agreement on its behalf is the duly 18 authorized signatory of the Contractor. 19 20 7.7 Prohibition on Contracts with Companies Boycotting Israel. 21 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 22 Code, the City is prohibited from entering into a contract with a company for goods or 23 services unless the contract contains a written verification from the company that it: (1) 24 does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 25 The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms 26 in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 27 certifies that Contractor's signature provides written verification to the City that 28 Contractor: (1) does not boycott Israel, and (2) will not boycott Israel during the term of 29 the contract. 30 31 7.8 Immigration Nationality Act. 32 Contractor shall verify the identity and employment eligibility of its employees who perform 33 work under this Agreement, including completing the Employment Eligibility Verification 34 Form (1-9). Upon request by City, Contractor shall provide City with copies of all l-9 forms 35 and supporting eligibility documentation for each employee who performs work under this 36 Agreement. Contractor shall adhere to all Federal and State laws as well as establish 37 appropriate procedures and controls so that no services will be performed by any Contractor 38 employee who is not legally eligible to perform such services. CONTRACTOR SHALL 39 INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, 40 LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY 41 CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, 42 AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right 43 to immediately terminate this Agreement for violations of this provision by Contractor. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 CSP 7857 1175 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 52 44 AGREEMENT -CSP Page 6 of 7 2 7.9 No Third -Party Beneficiaries. 3 This Agreement gives no rights or benefits to anyone other than the City and the Contractor 4 and there are no third -party beneficiaries. 6 7.10 No Cause of Action Against Engineer. 7 Contractor, its subcontractors and equipment and materials suppliers on the Project or their 8 sureties, shall maintain no direct action against the Engineer, its officers, employees, and 9 subcontractors, for any claim arising out of, in connection with, or resulting from the engineering 10 services performed. Only the City will be the beneficiary of any undertaking by the Engineer. 11 The presence or duties of the Engineer's personnel at a construction site, whether as on-site 12 representatives or otherwise, do not make the Engineer or its personnel in any way 13 responsible to Contractor or any other entity for those duties that belong to the City, and do 14 not relieve Contractor or any other entity of its obligations, duties, and responsibilities, 15 including, but not limited to, all construction methods, means, techniques, sequences, and 16 procedures necessary for performing, coordinating and completing all portions of the Work 17 in accordance with the Contract Documents and any health or safety precautions required by 18 such Work. The Engineer and its personnel have no authority to exercise any control over 19 any construction contractor or other entity or their employees in connection with their work 20 or any health or safety precautions. 21 22 SIGNATURE PAGE TO FOLLOW 23 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 CSP 7857 Effective January 15, 2021 1176 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 1 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 37 38 39 40 41 42 43 44 45 46 47 48 49 00 52 44 AGREEMENT -CSP Page 7 of 7 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's City Manager or his designee ("Effective Date"). ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY DocuSigned by: 46070831 B4AA438... CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 CITY OF DENTON BY: TITLE: DATE: CONTRACTOR JAGOE-PUBLIC COMPANY DocuSigned by: BY: 0,,,& oBFAJddff1iabRIZED AGENT Bill Cheek NAME Executive vice President TITLE 940-382-2581 PHONE NUMBER bill.cheek@jagoepublic.com EMAIL ADDRESS THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. DocuSigned by: Rebecca Diviney FABg��g�ESF... PRINTED NAME Director of Capital Projects/City Engineer TITLE Capital Projects - Engineering DEPARTMENT CSP 7857 1177 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C BAFO PROPOSAL FORM ATTACHMENT 3 To: Cori Power 4 c/o: Purchasing Division 5 901-B Texas Street 6 Denton, Texas 76209 7 8 FOR: CSP 7857 — 2020 Street Bundle — Sector III 9 10 The undersigned Offeror hereby submits this Proposal Form Revision and Best and Final Offer (this 11 `BAFO") for CSP 7857 — 2020 Street Bundle — Sector III and confirms that this BAFO Proposal is based 12 on the project requirements per the CSP documents and any subsequent addenda. 13 14 15 1 Total BAFO Proposal Amount 16 17 1.1 Offeror will complete the Work in accordance with the Contract Documents for the following 18 BAFO proposal amount. In the space provided below, please enter the total proposed BAFO 19 amount for this project. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1.2 It is understood and agreed by the Offeror in signing this proposal that the total proposed BAFO amount entered below is subject to verification and/or modification by multiplying the unit prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. Total BAFO Proposal Amount (Base): $__6,783 332-20 Total BAFO Proposal Amount (Base + Alternate A): $ 6,810,212.20 Total BAFO Proposal Amount (Base + Alternate B): $ 6,897,563.20 Total BAFO Proposal Amount (Base + Alternate A and B): $ 6,924,4.43.20 2 2.1 35 36 37 38 39 2.2 40 BAFO Proposal Submittal It is understood by Offeror that submission of the total BAFO proposal amount is only one of the factors for the City's evaluation process, and that any award of contract will be based on the complete evaluation of the Proposal and Offeror by City under the terns provided in the Instructions to Offerors or any validly issued amendments or addenda. This BAFO Proposal is submitted on December 28 , 20 21 by the entity named below. 41 42 43 44 Respectfully submitted, 45 �--, 46 By: 47 (Signature) 48 49 Bill Cheek Jr. 50 (Printed Name) 51 CSP 7587 00 ti r r DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 52 Title: Vice President 53 54 Company: Jagoe-Public Company 55 56 Address: P.O. Box 250 57 Denton Texas 76210 58 State of Incorporation: Texas 59 Email: billy.cheekajaaoepublic.com 60 Phone: 940-382-2581 61 62 END OF SECTION CSP 7587 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 1 2 3 4 5 6 7 8 9 10 it 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 37 38 39 40 41 42 43 44 45 46 47 48 SECTION 00 4101 PROPOSAL FORM - CSP TO: Cori Power c/o: Purchasing Division 901-B Texas Street Denton, Texas 76209 FOR: 2020 Street Bundle — Sector III 1 Enter Into Agreement O 00 T 00 41 01 r PROPOSAL FORM - CSP Pagel of 3 The undersigned Offeror proposes and agrees, if this Proposal is accepted, to enter into an Agreement with City in the form included in the Proposal Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Unit Price Proposal and within the Contract Time indicated in this Proposal and in accordance with the other terms and conditions of the Contract Documents. 2 OFFEROR Acknowledgements and Certification 2.1 In submitting this Proposal, Offeror accepts all of the terms and conditions of the INVITATION TO OFFORERS and INSTRUCTIONS TO OFFORERS, including without limitation those dealing with the disposition of Offeror's Bond. 2.2 Offeror is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3 Offeror certifies that this Proposal is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4 Offeror has not directly or indirectly induced or solicited any other Offeror to submit a false or sham Proposal. 2.5 Offeror has not solicited or induced any individual or entity to refrain from proposing. 2.6 Offeror has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the proposal process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the proposal process to the detriment of City (b) to establish proposal prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Offerors, with or without the knowledge of City, a purpose of which is to establish proposal prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the proposal process or affect the execution of the Contract. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 CSP 7857 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C T_ oo r 00 41 01 r PROPOSAL FORM - CSP Page 2 of 3 2 2.7 The Offeror acknowledges and agrees to comply with the requirements of City Ethics 3 Ordinance No. 18-757. 5 3 Time of Completion 6 7 3.1 The Work will be Substantially Complete as defined in the Supplementary Conditions 8 within [3301 Days after the date when the Contract Time commences to run, which is the 9 day indicated in the Notice to Proceed, plus any extension thereof allowed in accordance 10 with Article 11 of the General Conditions. 11 3.2 The Work will be complete for Final Acceptance within [3601 Days after the date when the 12 Contract Time commences to run, which is the day indicated in the Notice to Proceed, plus 13 any extension thereof allowed in accordance with Article 11 of the General Conditions. 14 3.3 Offeror accepts the provisions of the Agreement as to Liquidated Damages in the event of 15 failure to obtain Milestones (if applicable), Substantial Completion, and Final Acceptance 16 within the times specified in the Agreement. 17 18 4 Attached to this Proposal 19 20 4.1 The following documents are attached to and made a part of this Proposal: 21 a. Section 00 35 14 — Conflict of Interest Affidavit — CSP 22 b. Section 00 4101 — This Proposal Form — CSP 23 c. Section 00 42 44 — Unit Price Proposal Form — CSP — Electronic Excel Copy 24 d. Section 00 43 14 — Required Offeror's Bond — CSP, issued by a surety meeting the 25 requirements of Paragraph 6.01 of the General Conditions. 26 e. Section 00 43 38 — Proposed Subcontractors Form — CSP 27 f. Section 00 43 39 — Vendor Compliance to State Law Non -Resident Offeror — CSP 28 g. Section 00 45 14 — Safety Record Questionnaire — CSP 29 h. Section 00 45 27 — Contractor's Compliance with Workers Compensation Law — 30 CSP 31 i. Section 00 45 44 — Corporate Resolution of Authorized Signatories — CSP 32 j. Any additional documents required by Paragraph 12 of Section 00 21 16 — 33 Instructions to Offerors 34 35 5 Total Proposal Amount 36 37 5.1 Offeror will complete the Work in accordance with the Contract Documents for the 38 following proposal amount. In the space provided below, please enter the total proposed 39 amount for this project. This figure will be read publicly by the City at the proposal 40 opening. 41 5.2 It is understood and agreed by the Offeror in signing this proposal that the total proposed 42 amount entered below is subject to verification and/or modification by multiplying the unit 43 prices for each pay item by the respective estimated quantities shown in this proposal and 44 then totaling all of the extended amounts. 45 . /y 46 Total Proposal Amount (Base): $ 8�,?J32U 47 Total Proposal Amount (Base + Alternate A): $ 48 Total Proposal Amount (Base + Alternate B): $ �l 49 Total Proposal Amount (Base + Alternate A and B): CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15. 2021 CSP 7857 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6 Proposal Submittal N 00 r 00 41 01 r PROPOSAL FORM - CSP Page 3 of 3 6.1 It is understood by Offeror that submission of the total proposal amount is only one of the factors for the City's evaluation process, and that any award of contract will be based on the complete evaluation of the Proposal and Offeror by City under the terms provided in the Instructions to Offerors or any validly issued amendments or addenda. 6.2 This Proposal is submitted on 2 , 2021 by the entity named below. Respectfully_Wbmitte (Signature) (Printed Name) Title: Company:c ; cC. 25 Address: V' - CJ . I 26 j�a 4,-----\_ :7;K L�_ Z r>2 27 State of Incorporation: 1 _ Receipt is acknowledged of the following Addenda: Initial Addendum No. 1: Addendum No. 2: Addendum No. 3: Addendum No. 4: 28 Email: �l�y . C�ec(L C1��� ct �o��c , C o� 29 Phone: T q D- 3 g Z- 30 END OF SECTION CITY OF DENTON CSP 7857 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15. 2021 DocuSign Envelope ID: 6BF242EE-2438-435A-92DA-C39344CEDA6C SECTION 00 42 44 - UNIT PRICE PROPOSAL FORM - CSP To: City of Denton - Capital Projects From: Jagoe-Public Co. c, j.�, 901-B Texas Street 3020 Fort Worth Drive OF DENTONDenton, TX 76209 Denton, Texas Cori Power/Purchasing Dept. Brian Lee PHONE: 940-382-2581 PROD.: 2020 Street Bundle - Sector III EMAIL: Brian.Lee@jagoepublic.com P: 7857 G 190003 1O: OFFEROR'S APPLICATION - UNIT PRICE PROPOSAL Item No. Spec. Section No. Description UOM BID QTY Unit Price Extended Price 1 01 70 00 Mobilization LS 1 $ 450,000.00 $ 450,000.00 2 01 57 13 SWPPP > 1 acre < 5 acre LS 1 $ 3,660.00 $ 3,660.00 3 01 58 13 Project Signs EA 2 $ 450.00 $ 900.00 4 02 41 14 Abandon Utility Manhole EA 7 $ 625.00 $ 4,375.00 5 02 41 14 Remove Utility Manhole EA 4 $ 500.00 $ 2,000.00 6 02 41 14 Utility Line Plugging LS 1 $ 13,000.00 $ 13,000.00 7 02 41 14 Remove Water Valve EA 1 $ 425.00 $ 425.00 8 02 41 14 Abandon Water Valve EA 31 $ 147.00 $ 4,557.00 9 02 41 14 Remove Fire Hydrant EA 15 $ 1,000.00 $ 15,000.00 10 02 41 15 Remove Cleanout EA 2 $ 200.00 $ 400.00 11 02 41 15 Remove Concrete Curb and Gutter LF 3,495 $ 13.00 $ 45,435.00 12 02 41 15 Remove Concrete Valley Gutter SY 118 $ 75.00 $ 8,850.00 13 02 41 15 Remove Sidewalk SF 1,527 $ 10.00 $ 15,270.00 14 02 41 15 Remove Curb Ramp EA 5 $ 1,000.00 $ 5,000.00 15 02 41 15 Remove Asphalt Pavement SY 45,055 $ 6.50 $ 292,857.50 16 02 41 15 Remove Driveway SF 4,869 $ 4.00 $ 19,476.00 17 02 41 15 Surface Milling 2" SY 1,316 $ 7.00 $ 9,212.00 18 31 10 00 Site Clearing LS 1 $ 15,000.00 $ 15,000.00 19 3123 16 Unclassified Excavation CY 4,284 $ 20.00 $ 85,680.00 20 3125 14 SWPP Device Installation LS 1 $ 15,000.00 $ 15,000.00 21 3125 14 SWPP Device Removal LS 1 $ 5,000.00 $ 5,000.00 22 32 01 17 Temporary Flexible Paving Repair for Utility Trench SY 5,216 $ 30.00 $ 156,480.00 23 32 11 23 Flexible Base Course (12") SY 720 $ 32.00 $ 23,040.00 24 32 11 29 Lime Treated Base Course (12") SY 40,602 $ 8.50 $ 345,117.00 25 32 11 29 Hydrated Lime TN 1,534 $ 200.00 $ 306,800.00 26 32 11 33 Cement Treated Base Course (12") SY 3,733 $ 10.00 $ 37,330.00 27 321129 Cement TN 141 $ 225.00 $ 31,725.00 28 32 12 16 Asphalt Pavement Type B (PG64-22) 6" SY 33,436 $ 25.00 $ 835,900.00 29 32 12 16 Asphalt Pavement Type B (PG64-22) 9" SY 11,619 $ 40.00 $ 464,760.00 30 32 12 16 Asphalt Pavement Type D (PG70-22) 2" SY 26,951 $ 11.00 $ 296,461.00 31 32 12 16 Asphalt Pavement Type C (PG70-22) 3" SY 19,420 $ 16.00 $ 310,720.00 32 32 16 00 Concrete Curb and Gutter LF 3,535 $ 30.00 $ 106,050.00 33 32 16 00 Concrete Valley Gutter LF 153 $ 100.00 $ 15,300.00 34 32 16 00 Concrete Sidewalk SY 146 $ 100.00 $ 14,600.00 35 32 16 00 Concete Driveway Approach SY 707 $ 130.00 $ 91,910.00 36 32 16 00 Concete Intersection Approach SY 67 $ 145.00 $ 9,715.00 37 32 16 00 Type 1A Curb Ramp EA 6 $ 2,000.00 $ 12,000.00 38 32 16 00 Type 16 Curb Ramp EA 2 $ 2,700.00 $ 5,400.00 39 32 16 00 Detectable Warning Surface (Pavers) EA 2 $ 500.00 $ 1,000.00 40 32 17 23 4" Broken White Stripe with RPM LF 4,400 $ 0.85 $ 3,740.00 41 32 17 23 4" Double Solid Yellow Stripe with RPM LF 1,820 $ 3.00 $ 5,460.00 1183 DocuSian Envelope ID: 6BF242EE-2438-435A-92DA-C39344CEDA6C Item No. Spec. Section No. Description UOM BID QTY Unit Price $6,897,563.20 Extended Price 42 32 17 23 4" Solid Yellow Stripe no RPM LF 500 $ 1.25 $ 625.00 43 32 17 23 8" Dotted White Stripe no RPM LF 220 $ 3.25 $ 715.00 44 32 17 23 8" Solid White Stripe with RPM LF 380 $ 3.50 $ 1,330.00 45 32 17 23 24" Solid White Bar no RPM LF 70 $ 10.00 $ 700.00 46 32 17 23 24" Solid Yellow Bar with RPM LF 50 $ 16.50 $ 825.00 47 32 17 23 Pedestrian Crosswalk White EA 2 $ 1,500.00 $ 3,000.00 48 32 17 23 Turn Arrow White EA 4 $ 175.00 $ 700.00 49 32 17 23 Word Pavement Marking White EA 4 $ 175.00 $ 700.00 50 34 71 13 Traffic Control Devices MO 11 $ 10,000.00 $ 110,000.00 51 34 71 13 Traffic Control Plan EA 11 $ 500.00 $ 5,500.00 52 33 05 05 Excavation Protection LF 11,754 $ 2.30 $ 27,034.20 53 32 93 00 Block Sod SY 2,320 $ 9.50 $ 22,040.00 54 03 80 00 Core Existing Manhole EA 1 $ 400.00 $ 400.00 55 33 05 61; 33 05 62 Concrete Manhole (4' ID) EA 15 $ 9,000.00 $ 135,000.00 56 33 05 61; 33 05 62 Extra Depth Manhole VF 10 $ 325.00 $ 3,250.00 57 33 14 11 PVC Water Main (12") LF 1,210 $ 175.00 $ 211,750.00 58 33 14 11 PVC Water Main (8") LF 7,476 $ 120.00 $ 897,120.00 59 33 1411 Water Service Connection (1") EA 133 $ 2,300.00 $ 305,900.00 60 33 1417 Water Service Connection (2") EA 5 $ 4,500.00 $ 22,500.00 61 33 14 20 Gate Valve (6") EA 1 $ 1,700.00 $ 1,700.00 62 33 14 20 Gate Valve (8") EA 29 $ 2,400.00 $ 69,600.00 63 33 14 20 Gate Valve (12") EA 4 $ 4,000.00 $ 16,000.00 64 33 14 25 City Performed Tapping Sleeve and Valve Connection (6" x 6") EA 1 $ 7,500.00 $ 7,500.00 65 33 14 25 City Performed Tapping Sleeve and Valve Connection (12" x 8") EA 1 $ 8,000.00 $ 8,000.00 66 331425 City Performed Tapping Sleeve and Valve Connection (16" x 8") EA 4 $ 10,000.00 $ 40,000.00 67 33 1425 Connection to Existing Main (6") EA 7 $ 51500.00 $ 38,500.00 68 33 1425 Connection to Existing Main (8") EA 5 $ 5,800.00 $ 29,000.00 69 33 14 40 Fire Hydrant Assembly EA 17 $ 9,000.00 $ 153,000.00 70 33 14 11; 33 3114 Sanitary Sewer Gravity Main (6") LF 18 $ 150.00 $ 2,700.00 71 33 14 11; 33 3114 Sanitary Sewer Gravity Main (8") LF 3,050 $ 105.00 $ 320,250.00 72 33 01 30 Post -CCTV Inspection LF 3,050 $ 2.75 $ 8,387.50 73 33 14 16 Sanitary Sewer Service Connection (4") EA 60 $ 3,400.00 $ 204,000.00 74 33 14 16 Sanitary Sewer Service Connection (6") EA 5 $ 3,500.00 $ 17,500.00 75 33 05 98 Location of Existing Utilities LS 1 $ 30,000.00 $ 30,000.00 76 33 32 11 Bypass Pumping LS 1 $ 3,500.00 $ 3,500.00 TOTAL BASE PROPOSAL: $6,783,332.20 Alternate A $6,783,332.20 2020 Street Bundle - Sector III TOTAL PROPOSAL (BASE + Alternate A): $6,810,212.20 2020 Street Bundle - Sector III TOTAL PROPOSAL (BASE + Alternate B): $6,897,563.20 2020 Street Bundle - Sector III TOTAL PROPOSAL (BASE + Alternate A & B): $6,924,443.20 75 02 41 15 Remove Concrete Curb and Gutter LF 10 $ 21.00 $ 210.00 76 3123 16 Unclassified Excavation CY 56 $ 35.00 $ 1,960.00 77 32 16 00 Concrete Sidewalk SY 222 $ 100.00 $ 22,200.00 78 32 16 00 Type 1A Curb Ramp EA 1 $ 2,510.00 $ 2,510.00 83 32 16 00 Detectable Warning Surface (Ultratech) TOTAL Alternate A PROPOSAL: 8 $26,880.00 Alternate B $6,783,332.20 2020 Street Bundle - Sector III TOTAL PROPOSAL (BASE + Alternate A): $6,810,212.20 2020 Street Bundle - Sector III TOTAL PROPOSAL (BASE + Alternate B): $6,897,563.20 2020 Street Bundle - Sector III TOTAL PROPOSAL (BASE + Alternate A & B): $6,924,443.20 79 02 41 15 Remove Curb Ramp EA 39 $ 729.00 $ 28,431.00 80 32 16 00 Type 1A Curb Ramp EA 33 $ 2,000.00 $ 66,000.00 81 32 16 00 Type 16 Curb Ramp EA 4 $ 2,700.00 $ 10,800.00 82 32 16 00 Type III Curb Ramp EA 2 $ 2,500.00 $ 5,000.00 83 32 16 00 Detectable Warning Surface (Ultratech) EA 8 $ 500.00 $ 4,000.00 TOTAL Alternate B PROPOSAL: $114,231.00 2020 Street Bundle - Sector III TOTAL PROPOSAL (BASE Only): $6,783,332.20 2020 Street Bundle - Sector III TOTAL PROPOSAL (BASE + Alternate A): $6,810,212.20 2020 Street Bundle - Sector III TOTAL PROPOSAL (BASE + Alternate B): $6,897,563.20 2020 Street Bundle - Sector III TOTAL PROPOSAL (BASE + Alternate A & B): $6,924,443.20 1184 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 43 39 VENDOR COMPLIANCE TO STATE LAW NON-RESIDENT OFFEROR - CSP Page 1 of 1 1 SECTION 00 43 39 2 VENDOR COMPLIANCE TO STATE LAW NON-RESIDENT OFFEROR - CSP 3 4 Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident 5 offerors. This law provides that, in order to be awarded a best value contract where the offeror 6 also offered the lowest proposal price, nonresident offerors (out-of-state contractors whose 7 corporate offices or principal place of business are outside the State of Texas) propose on projects 8 for construction, improvements, supplies or services in Texas at an amount lower than the lowest 9 Texas resident offeror by the same amount that a Texas resident offeror would be required to 10 underbid a nonresident offeror in order to obtain a comparable contract in the State which the 11 nonresident's principal place of business is located. 12 The appropriate blanks in Section A must be filled out by all nonresident offerors in order for 13 your proposal to meet specifications. The failure of nonresident offerors to do so will 14 automatically disqualify that offeror. Resident offerors must check the box in Section B. 15 A. Nonresident offerors in the State of , our principal place of 16 business, are required to be percent lower than resident offerors by State 17 Law. A copy of the statute is attached. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Nonresident offerors in the State of , our principal place of business, are not required to underbid resident Offerors. B. The principal place of b iness of our company or our parent company or majority owner is in the State of Texas. EJ OFFEROR: CornpaWAk-:)Ut: `'U O► • •• City/State/Zip By: r V ee (Please Pri Signature: t Title: " (Please Print) Date: ( Z — i (, — 2— o/ END OF SECTION CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23 2020 Effective January 15, 2021 CSP 7857 LA 00 r r DocuSign Envelope ID: 6BF242EE-2438-435A-92DA-C39344CEDA6C "General Decision Number: TX20210025 01/01/2021 Superseded General Decision Number: TX20200025 State: Texas Construction Type: Highway Counties: Archer, Callahan, Clay, Collin, Dallas, Delta, Denton, Ellis, Grayson, Hunt, Johnson, Jones, Kaufman, Parker, Rockwall, Tarrant and Wise Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/01/2021 * SUTX2011-007 08/03/2011 Rates Fringes CONCRETE FINISHER (Paving and Structures) ......................$ 14.12 ELECTRICIAN ......................$ 19.80 1186 DocuSign Envelope ID: 6BF242EE-2438-435A-92DA-C39344CEDA6C FORM BUILDER/FORM SETTER Paving & Curb ...............$ 13.16 Structures ..................$ 13.84 LABORER Asphalt Raker ...............$ 12.69 Flagger.....................$ 10.06 Laborer, Common .............$ 10.72 Laborer, Utility ............ $ 12.32 Pipelayer...................$ 13.24 Work Zone Barricade Servicer ....................$ 11.68 POWER EQUIPMENT OPERATOR: Asphalt Distributor ......... $ 15.32 Asphalt Paving Machine ...... $ 13.99 Broom or Sweeper ............ $ 11.74 Concrete Pavement Finishing Machine ........... $ 16.05 Concrete Saw ................$ 14.48 Crane Operator, Lattice Boom 80 Tons or Less ........ $ 17.27 Crane Operator, Lattice Boom over 80 Tons ........... $ 20.52 Crane, Hydraulic 80 Tons or Less .....................$ 18.12 Crawler Tractor .............$ 14.07 Excavator, 50,000 pounds or less .....................$ 17.19 Excavator, over 50,000 pounds ......................$ 16.99 Foundation Drill , Truck Mounted .....................$ 21.07 Foundation Drill, Crawler Mounted .....................$ 17.99 Front End Loader 3 CY or Less ........................$ 13.69 Front End Loader, over 3 CY.$ 14.72 Loader/Backhoe..............$ 15.18 Mechanic ....................$ 17.68 Milling Machine .............$ 14.32 Motor Grader, Fine Grade .... $ 17.19 Motor Grader, Rough ......... $ 16.02 Pavement Marking Machine .... $ 13.63 Reclaimer/Pulverizer........ $ 11.01 Roller, Asphalt .............$ 13.08 Roller, Other ...............$ 11.51 Scraper .....................$ 12.96 Small Slipform Machine ...... $ 15.96 Spreader Box ................$ 14.73 Servicer .........................$ 14.58 Steel Worker (Reinforcing) ....... $ 16.18 TRUCK DRIVER Lowboy -Float ................$ 16.24 Off Road Hauler .............$ 12.25 Single Axle .................$ 12.31 Single or Tandem Axle Dump Truck .......................$ 12.62 Tandem Axle Tractor with Semi Trailer ................$ 12.86 Transit -Mix .................$ 14.14 1187 DocuSign Envelope ID: 6BF242EE-2438-435A-92DA-C39344CEDA6C WELDER ...........................$ 14.84 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the E0, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"- denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers 1188 DocuSign Envelope ID: 6BF242EE-2438-435A-92DA-C39344CEDA6C Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division 1189 DocuSign Envelope ID: 6BF242EE-2438-435A-92DA-C39344CEDA6C U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 1190 DocuSign Envelope ID: 6BF242EE-2438-435A-92DA-C39344CEDA6C "General Decision Number: TX20210018 07/02/2021 Superseded General Decision Number: TX20200018 State: Texas Construction Type: Heavy Counties: Collin, Dallas, Denton, Ellis, Kaufman and Rockwall Counties in Texas. Water and Sewer Lines/Utilities (Including Related Tunneling Where the Tunnel is 48"" or Less in Diameter) Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/01/2021 1 07/02/2021 * PLUM0100-002 05/01/2021 Rates Fringes Plumbers and Pipefitters......... $ 33.88 13.07 ---------------------------------------------------------------- SUTX1991-004 09/23/1991 Rates Fringes Laborers: Common ......................$ 7.25 Utility .....................$ 7.467 Pipelayer ........................$ 7.828 Power equipment operators: Backhoe .....................$ 10.804 Crane .......................$ 10.942 1191 DocuSign Envelope ID: 6BF242EE-2438-435A-92DA-C39344CEDA6C Front End Loader ............ $ 9.163 Tunneling Machine (48"" or less) .......................$ 9.163 TRUCK DRIVER .....................$ 8.528 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the E0, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or "'UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate 1192 DocuSign Envelope ID: 6BF242EE-2438-435A-92DA-C39344CEDA6C changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the 1193 DocuSign Envelope ID: 6BF242EE-2438-435A-92DA-C39344CEDA6C Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION" 1194 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 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 37 38 39 40 00 45 27 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW - CSP Page 1 of 1 SECTION 00 45 27 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW - CSP Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on 2020 Street Bundle - Sector III. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Compa46\GOE PUBLIC CO. • Box 250 LDIENTON, Address City/State/Zip THE STATE OF TEXAS § COUNTY OF DENTON § By: ,\ ( C �-,fc— (Please Print) Signature:-'-�-�-� Title: r r (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared 0,I j l 0, JL- , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of tv Plur for the purposes and consideration therein expre sed and in the capacity therein stated. G N UNDER MY HAND AND SEAL OF OFFICE this ' day of ' ` a- - t , 207/. ALP', Nota�y ublic in an for t e State of Texas END OF SECTION CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 HiLDA PERCHES y"�n Notary Public 11*, STATE OF TEXAS � ID#12476897-4 Comm, E)cp. Dec. 11, 2025 CSP 7857 L0 T T DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page i of vi STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1196 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS 00 72 00 GENERAL CONDITIONS Page ii of vi Page ARTICLE 1 — DEFINITIONS AND TERMINOLOGY...........................................................................1 1.01 Defined Terms.........................................................................................................................1 1.02 Terminology............................................................................................................................ 6 ARTICLE 2 — PRELIMINARY MATTERS............................................................................................ 7 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance ....................................... 7 2.02 Copies of Documents............................................................................................................... 7 2.03 Before Starting Construction.................................................................................................... 7 2.04 Preconstruction ConferenceMeeting......................................................................................... 8 2.05 Public Meeting......................................................................................................................... 8 2.06 Initial Acceptance of Schedules................................................................................................ 8 2.07 Electronic Submittals and Transmittals..................................................................................... 8 ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE .............................. 8 3.01 Intent....................................................................................................................................... 8 3.02 Reference Standards.................................................................................................................9 3.03 Reporting and Resolving Discrepancies.................................................................................... 9 3.04 Requirements of the Contract Documents............................................................................... 10 3.05 Reuse of Documents.............................................................................................................. 10 ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK .............................................. 11 4.01 Commencement of Contract Time; Notice to Proceed............................................................. 11 4.02 Starting the Work................................................................................................................... 11 4.03 Delays in Contractor's Progress.............................................................................................. 11 ARTICLE 5 — SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS....................................................................................................12 5.01 Availability of Lands..............................................................................................................12 5.02 Use of Site and Other Areas...................................................................................................13 5.03 Subsurface and Physical Conditions.......................................................................................14 5.04 Differing Subsurface or Physical Conditions..........................................................................15 5.05 Underground Facilities...........................................................................................................16 5.06 Hazardous Environmental Conditions at Site..........................................................................17 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1197 DocuSign Envelope ID: 6BF242EE-2438-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page iii of vi ARTICLE 6 - BONDS AND INSURANCE.......................................................................................... 18 6.01 Licensed Sureties and Insurers................................................................................................ 18 6.02 Performance, Payment, and Maintenance Bonds..................................................................... 18 6.03 Certificates of Insurance......................................................................................................... 19 6.04 Contractor's Insurance........................................................................................................... 21 6.05 Acceptance of Bonds and Insurance; Option to Replace.......................................................... 22 ARTICLE 7 - CONTRACTOR'S RESPONSIBILITIES....................................................................... 22 7.01 Contractor's Means and Methods of Construction.................................................................. 22 7.02 Supervision and Superintendence........................................................................................... 22 7.03 Labor; Working Hours........................................................................................................... 23 7.04 Services, Materials, and Equipment........................................................................................ 23 7.05 Project Schedule.....................................................................................................................24 7.06 "Or Equals"............................................................................................................................ 24 7.07 Substitutions.......................................................................................................................... 25 7.08 Concerning Subcontractors and Suppliers...............................................................................27 7.09 Wage Rates............................................................................................................................ 28 7.10 Patent Fees and Royalties.......................................................................................................29 7.11 Permits and Utilities...............................................................................................................29 7.12 Taxes..................................................................................................................................... 30 7.13 Laws and Regulations............................................................................................................ 30 7.14 Record Documents................................................................................................................. 31 7.15 Safety and Protection............................................................................................................. 31 7.16 Hazard Communication Programs.......................................................................................... 32 7.17 Emergencies and/or Rectification........................................................................................... 32 7.18 Submittals..............................................................................................................................33 7.19 Continuing the Work.............................................................................................................. 34 7.20 Contractor's General Warranty and Guarantee........................................................................34 7.21 Indemnification...................................................................................................................... 35 7.22 Delegation of Professional Design Services............................................................................ 36 7.23 Right to Audit........................................................................................................................ 36 7.24 Nondiscrimination..................................................................................................................37 ARTICLE 8 - OTHER WORK AT THE SITE...................................................................................... 37 8.01 Other Work............................................................................................................................ 37 8.02 Coordination..........................................................................................................................38 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1198 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page iv of vi 8.03 Legal Relationships................................................................................................................ 38 ARTICLE 9 — CITY'S RESPONSIBILITIES........................................................................................ 39 9.01 Communications to Contractor............................................................................................... 39 9.02 Furnish Data.......................................................................................................................... 39 9.03 Pay When Due....................................................................................................................... 39 9.04 Lands and Easements; Reports, Tests, and Drawings.............................................................. 39 9.05 Change Orders....................................................................................................................... 39 9.06 Inspections, Tests, and Approvals........................................................................................... 39 9.07 Limitations on City's Responsibilities.................................................................................... 39 9.08 Undisclosed Hazardous Environmental Condition.................................................................. 39 9.09 Compliance with Safety Program........................................................................................... 39 ARTICLE 10 — CITY'S OBSERVATION DURING CONSTRUCTION .............................................. 40 10.01 City's Project Manager or Duly Authorized Representative................................................ 40 10.02 Visits to Site....................................................................................................................... 40 10.03 Determinations for Work Performed................................................................................... 40 10.04 Decisions on Requirements of Contract Documents and Acceptability of Work .................. 40 ARTICLE 11 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK ............................................. 41 11.01 Amending and Supplementing the Contract........................................................................ 41 11.02 Execution of Change Orders............................................................................................... 41 11.03 Field Orders....................................................................................................................... 41 11.04 Authorized Changes in the Work — Extra Work.................................................................. 41 11.05 Unauthorized Changes in the Work.................................................................................... 41 11.06 Dispute of Extra Work........................................................................................................ 42 11.07 Contract Claims Process..................................................................................................... 42 11.08 Change of Contract Price.................................................................................................... 43 11.09 Change of Contract Time.................................................................................................... 44 11.10 Notification to Surety......................................................................................................... 44 ARTICLE 12 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT................................................................................................................................ 45 12.01 Cost of the Work................................................................................................................ 45 12.02 Allowances........................................................................................................................ 48 12.03 Unit Price Work................................................................................................................. 48 12.04 Plans Quantity Measurement for Unclassified Excavation or Embankment ......................... 49 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1199 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page v of vi ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVEWORK........................................................................................................................... 13.01 Access to Work................................................................................................................. 13.02 Tests, Inspections.............................................................................................................. 13.03 Defective Work................................................................................................................. 13.04 Rejecting Defective Work................................................................................................. 13.05 Acceptance of Defective Work.......................................................................................... 13.06 Uncovering Work.............................................................................................................. 13.07 City May Stop the Work.................................................................................................... 13.08 City May Correct Defective Work..................................................................................... ARTICLE 14 — PAYMENTS TO CONTRACTOR; COMPLETION; CORRECTION PERIOD ........... 14.01 Progress Payments............................................................................................................ 14.02 Contractor's Warranty of Title........................................................................................... 14.03 Partial Utilization.............................................................................................................. 14.04 Final Inspection................................................................................................................. 14.05 Final Acceptance............................................................................................................... 14.06 Final Payment................................................................................................................... 14.07 Final Completion Delayed and Partial Retainage Release ................................................... 14.08 Waiver of Claims.............................................................................................................. 14.09 Correction Period.............................................................................................................. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION...................................................... 15.01 City May Suspend Work................................................................................................... 15.02 City May Terminate for Cause........................................................................................... 15.03 City May Terminate for Convenience................................................................................ ARTICLE 16 — FINAL RESOLUTION OF DISPUTES....................................................................... 16.01 Methods and Procedures.................................................................................................... ARTICLE 17 — MISCELLANEOUS.................................................................................................... 17.01 Giving Notice.................................................................................................................... 17.02 Computation of Times....................................................................................................... 17.03 Cumulative Remedies........................................................................................................ 17.04 Limitation of Damages...................................................................................................... 17.05 No Waiver......................................................................................................................... 17.06 Survival of Obligations...................................................................................................... 17.07 Assignment of Contract..................................................................................................... CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 50 50 50 51 51 52 52 52 53 53 53 56 56 57 57 57 58 58 58 59 59 60 61 63 63 64 64 64 64 64 65 65 65 1200 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page vi of vi 7.08 Successors and Assigns...................................................................................................... 65 17.09 Headings............................................................................................................................ 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1201 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 1 of 65 ARTICLE 1– DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract 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. 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 titled "Agreement", "Agreement – CSP", or "Agreement – Unit Price Bid" executed by the City and Contractor for the Work, setting forth the name of the Project, Contract Price, Contract Time and the items included in the Contract. 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. 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. The term "Bid" shall be defined to include the term "Proposal" in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid. 7. Bidder—The individual or entity that submits a Bid directly to City. The term "Bidder" shall be defined to include the terms "Proposer" or "Offeror" in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). The term "Bidding Documents" shall be defined to include the terms "Proposal Documents" in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid. 9. Bidding Requirements—The Advertisement or Invitation to Bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. The term "Bidding Requirements" shall be defined to include the terms "Proposal Requirements" in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid and will include the Request for Proposal or Invitation to Offerors, Instructions to Offerors, Offerors Bond or other Proposal security, if any, the Proposal Form, and the Proposal with any attachments. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1202 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 2 of 65 10. Business Day—A day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Calendar DayA day consisting of 24 hours measured from midnight to the next midnight. 12. Change OrderA document which is prepared by the Contractor or City, approved by the City, and signed by Contractor and City, authorizing 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 or her designee. 14. City Attorney—The officially appointed City Attorney of the City of Denton or his or her designee. 15. City Council—The duly elected and qualified governing body of the City of Denton. 16. City Manager—The officially appointed authorized City Manager of the City of Denton. 17. Contract—The entire and integrated set of written instruments between the City and Contractor concerning the Work comprised of the Agreement and all Contract Documents, which written instruments supersede all prior negotiations, representations, or agreements, whether written or oral, concerning the Work. 18. Contract ClaimA 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. 19. Contract Documents—Those items so designated as "Contract Documents." in the Agreement at Paragraph 5.1.A. 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 12.03 in the case of Unit Price Work). The Contract Price does not include any "Incentive", if applicable. 21. Contract Time—The number of days or the dates stated in the Agreement to: (a) achieve Milestones, if any and (bb) 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 12.01 of these General Conditions for definition. 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—The part of the Contract Documents prepared or approved by an Engineer that graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals, as defined, are not considered Drawings as so defined here. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1203 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 3 of 65 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 City. 28. Electronic Document—Any Project -related correspondence, attachments to correspondence, text, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format. 29. Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by the Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 30. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 31. Extra Work—Additional work made necessary by City -approved changes or alterations to the Contract Documents. Extra Work shall be part of the Work. 32. Field OrderA written directive issued by City that requires changes in the Work but does not involve a change to the Contract Price, Contract Time, or Drawings, Plan, or Shop Drawings. 33. 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. 34. Final Inspection—The inspection performed by the City to determine whether the Contractor has completed each and every part or appurtenance of the Work fully, entirely, and in conformance with the Contract Documents. 35. General Requirements—Sections of The information set forth in "Division 101– General Requirements" of the Standard Construction Specification Documents. 36. Hazardous Environmental Condition—The presence at the Site of Asbestos, P C B s, Petroleum, Hazardous Waste, Radioactive Material, or any other substance, product, waste or materials, in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 37. Hazardous Waste—Any solid waste listed as hazardous or which possesses one or more hazardous characteristics as defined in applicable Laws and Regulations. 38. Incidental or 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. 39. Laws and Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1204 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 4 of 65 governmental bodies, agencies, authorities, and courts having jurisdiction over the Site or any portion or part of the Work to be performed. 40. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 41. 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. 42. MilestoneA principal event specified in the Contract Documents relating to the performance of an identified portion of the Work by an intermediate Contract Time prior to Final Acceptance of the Work. 43. Notice ofAward—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed in such notice, City will sign and deliver the Agreement. 44. Notice to ProceedA 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. 45. PCBs—Polychlorinated biphenyls. 46. PetroleumPetroleum, 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), and including but not limited to oil, fuel oil, oil sludge, oil refuse, gasoline, diesel fuel, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 47. Plans—This term will have the same definition of as "Drawings". 48. Project —The Work to be performed under the Contract. 49. Project Manager—The authorized representative of the City who will be assigned to the Project. 50. Project Manual—The documentary information prepared for bidding or proposing and furnishing the Work. 51. Project ScheduleA schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising Contractor's plan to achieve each Milestone and accomplish the Work within the Contract Time. 52. 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. 53. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that 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 toto support scheduled performance of related construction activities. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1205 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 5 of 65 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 Contractor's Applications for Payment. 56. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 57. 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. 58. Specifications or Technical Specifications —The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 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 (Section 00 00 00) of the Project. 59. 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. 60. Submittal—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 the City to illustrate some portion of the Work. 61. Subsidiary or subsidiary—These terms will have the same definition as "Incidental. or incidental". 62. Successful Bidder—The Bidder to whom City issues a Notice of Award. The term "Bidder" shall be defined to include the terms "Proposer" or "Offeror" in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid and is the Proposer or Offeror submitting the proposal or offer that provides the best value to the City and to whom the City issues a Notice of Award. 63. 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. 64. Supplementary Conditions—The part of the Contract set forth at Division 00 73 00 that amends or supplements these General Conditions. 65. 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 a Subcontractor. 66. Underground Facilities—All underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1206 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 6 of 65 petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 67. Unit Price Work—Work for which the Contract Price is determined by multiplying the unit price for the item by the estimated quantity of the item. 68. Weekend Working Hours—Those hours between 8:00 a.m. and 8:30 p.m. on Saturday, and between 1:00 p.m. and 8:30 p.m. on Sunday or on a federal or state holiday observed by the City, as approved in advance by the City for performing Work. 69. 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. 70. Working Day ---Defined as a Business Day but excluding any days that weather or other conditions beyond the reasonable control of the Contractor prevents the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7:00 a.m. and 8:00 p.m. 1.02 Terminology A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract, have the indicated meaning. B. Intent of Certain Terms or Adjectives: The Contract includes the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by CityCity. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of judgment, action, or determination will be 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: The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: 1. does not conform to the Contract Documents; or 2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or 3. has been damaged prior to City's written notice of Final Acceptance. D. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1207 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 7 of 65 2. The word "install," when used in connection with services, materials, or equipment, means to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, means to execute, carry out, furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words "furnish," "install," "perform," or "provide," then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. Unless stated otherwise in the Contract, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to City, Contractor shall also deliver to City the performance bond, payment bond and maintenance bond that comply with the provisions of Chapter 2253 of the Texas Government Code. Work will not be allowed to begin until the performance and payment bonds have been provided by the Contractor to the City. B. Evidence of Contractor's Insurance: When Contractor delivers the signed counterparts of the Agreement to City, Contractor shall also deliver to City, with copies to each additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6. Work will not be allowed to begin until the evidence of insurance has been provided by the Contractor to the City. 2.02 Copies of Documents A. City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract, and three (3) additional copies of the Drawings. Additional printed copies will be furnished upon request at the cost of reproduction. 2.03 Before Starting Construction Baseline starting Work, Contractor shall submit for review by City the following in accordance with the Contract Documents: A. Baseline Schedules in accordance with General Requirements, Section 0132 16. B. Preliminary Schedule of Submittals. C. Preliminary Schedule of Values: For lump sum contracts, a Schedule of Values for all of the Work that includes quantities and prices of items that when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1208 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 8 of 65 2.04 Preconstruction Meeting A. Before any Work at the Site is started, the Contractor shall attend a Preconstruction Meeting as specified in Section 0131 19. 2.05 Public Meeting A. Contractor may not mobilize any equipment, materials, or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.06 Initial Acceptance of Schedules A. No progress payment shall be made to Contractor until acceptable Project Schedules are submitted to City in accordance with the Contract Documents. 2.07 Electronic Submittals and Transmittals A. Except as otherwise stated elsewhere in the Contract, the City and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means. B. If the Contract does not establish protocols for Electronic Means, then City and Contractor shall jointly develop such protocols. C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long- term compatibility, usability, or readability of the Electronic Documents resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one Contract Document is as binding as if required by all. B. It is the intent of the Contract to describe a functionally complete Project 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. City will issue clarifications and interpretations of the Contract Documents as provided herein. D. The Specifications may vary in form, forma 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 "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims or Damage Claims. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1209 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 9 of 65 The cross-referencing of Specification sections under the subparagraph heading "Related 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 cross-referencing is provided in each section or whether the cross-referencing is complete or accurate. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the standard specification, manual, reference standard, 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, reference standard, or code, and no instruction of a Supplier, will be effective to change the duties or responsibilities of CityCity, 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, elected or appointed officials, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements, and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents: If, before or 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) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.1717) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by City, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 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. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1210 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 10 of 65 B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier; or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 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 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor shall submit to the City in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. City will be the interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work. B. City will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. City's written clarification, interpretation, or decision will be final and binding on Contractor, unless Contractor appeals by filing a Contract Claim. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers 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 or its consultants, including electronic media versions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of CityCity and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without City's express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 05 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract Documents for record purposes. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1211 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 11 of 65 ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Time; Notice to Proceed A. 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 Contract. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work may be done at the Site prior to the date on which the Contract Time commences to run. 4.03 Delays in Contractor's Progress A. 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. The City shall be liable only to the extent allowed by the provisions of the Contract and as allowed by Subchapter I, Chapter 271 of the Texas Local Government Code. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. 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, that the Contract specifies is to be furnished by the City. D. If Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of City, Contractor, and those for whom they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Time. Such an adjustment will be Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this Paragraph 4.03. D. The Contractor is responsible for the prompt submission of a request for an adjustment to the Contract Time under this Paragraph to the City. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Time under this Paragraph include but are not limited to the following: 1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. Abnormal weather conditions; 3. Acts or failures to act of third -party utility owners or other third -party entities (other than those third -party utility owners or other third -party entities performing other work at or adjacent to the Site as arranged by or under contract with City, as contemplated in Article 8); and CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 `Pli K DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 12 of 65 4. Acts of war or terrorism. Contractor's entitlement to an adjustment of Contract Time or Contract Price is limited as follows: 1. Contractor's entitlement to an adjustment of the Contract Time is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference. 2. Contractor shall not be entitled to an adjustment in Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Time to which Contractor is otherwise entitled. 3. Adjustments of Contract Time or Contract Price are subject to the provisions of Article 11. Each Contractor request or Change Order seeking an increase in Contract Time or Contract Price must be supplemented by supporting data that sets forth in detail the following: 1. The circumstances that form the basis for the requested adjustment; 2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work; 3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work; 4. The number of days' increase in Contract Time claimed as a consequence of each such cause of delay, disruption, or interference; and 5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.08. 6. Contractor shall also furnish such additional supporting documentation as City may require including, where appropriate, a revised Project Schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the effect of the delay, disruption, or interference on the critical path to completion of the Work. G. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from undisclosed Hazardous Environmental Conditions, are governed by Article 5, together with the provisions of Paragraphs 4.031 and 4.03.G. ARTICLE 5 — SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor in writing of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1213 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 13 of 65 Contractor must comply in performing the Work. City will be responsible for obtaining any necessary 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. Unless otherwise specified in the Contract Documents, the City has or anticipates moving and/or relocating utilities, and obstructions to the Site. Any outstanding movement 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 moved and/or relocated by others. B. Upon reasonable written request of Contractor, 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 any additional lands and access thereto not included in the Site that may be required for construction facilities or storage of materials and equipment. The cost of such shall be part of the Contract Price. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, worker car parking and the operations of workers to the Site, to adjacent areas that Contractor has arranged to use through construction easements or otherwise, and to other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with worker car parking, construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor's operations; (c) damage to any other adjacent land or areas, or to improvements, structures, utilities, or similar facilities located at such adjacent lands or areas; and (d) for injuries, including death, and damage to or losses of property sustained by the owners or occupants of any such land or areas; provided that such damage, losses, injuries or deaths arose out of or result from the performance of the Work or arose out of or resulted from any other actions or conduct of the Contractor or those for whom Contractor is responsible. 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 reduce the area impacted to only that necessary for proper execution of the Work and/or to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1214 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 14 of 65 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 adversely impacted because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 5. PURSUANT TO PARAGRAPH 7.21, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, AND EMPLOYEES, FROMAND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES ARISING OUT OF OR RELATING TO ANY CLAIM OR ACTION, LEGAL OR EQUITABLE, BROUGHT BY ANY SUCH ADVERSELY IMPACTED OWNER OR OCCUPANT AGAINST CITY. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: If 24 hours after written notice is given to the Contractor that the clean-up at the Site is insufficient or occurring in a manner unsatisfactory to the City, the Contractor fails to correct the unsatisfactory condition and/or procedures, 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, and the costs of such direct corrective action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor under the Contract. 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 and any adjacent property owners, if applicable. At the completion of the Work, Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, surplus materials, waste materials, rubbish and other debris and shall restore to original condition or better all areas impacted or disturbed by the Work. E. Loading of 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 structures or land to stresses or pressures that will endanger them. 5.03 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 existing physical conditions at or contiguous to the Site, including those drawings known to City depicting existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities.). B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1215 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 15 of 65 Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as technical data. C. Reliance by Contractor on Technical Data: Contractor is provided certain technical data identified in the Supplementary Conditions with respect to such reports and drawings for its use, but the City does not warrant or guarantee the accuracy of the information, and such information including reports and drawings are not Contract Documents. Contractor may not make any Contract Claim against City, or any of theirits officers, elected or appointed officials, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness or accuracy of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. the contents of other Site -related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or City's archival documents concerning the Site; or 4. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either: 1. is of such a nature as to establish that any "technical data" 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 7.17), notify City in writing about such condition. B. Possible Price and Time Adjustments 1. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if. Contractor knew of the existence of such condition 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 the Contract; or CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1216 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 16 of 65 b. The existence of such condition reasonably could have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or c. Contractor failed to give the written notice required by Paragraph 5.04.A. C. Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions. 5.05 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to 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 are included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all information and data; b. verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction; c. coordination and adjustment of the Work with the owners (including City) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility that is uncovered or revealed at the Site was not shown or indicated on the Drawings or otherwise indicated in the Contract Documents, or was not shown or indicated on the Drawings or in the Contract Documents with reasonable accuracy, then 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 7.17), identify the owner of such Underground Facility and give notice to that owner and to City. 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, subject to the provisions of Article 11. 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. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1217 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 17 of 65 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City relating to Hazardous Environmental Conditions that have been identified at the Site; or 2. drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Reliance by Contractor on Technical Data: Contractor is provided certain technical data identified in the Supplementary Conditions with respect to such reports and drawings for its use, but the City does not warrant or guarantee the accuracy of the information, and such information including reports and drawings are not Contract Documents. Contractor may not make any Contract Claim against City, or any of its officers, elected or appointed officials, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness or accuracy of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. the contents of other Site -related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or City's archival documents concerning the Site; or 4. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. C. Contractor shall not be responsible for a Hazardous Environmental Condition uncovered or revealed at the Site if such Hazardous Environmental Condition was not shown or indicated in Drawings or Specifications or identified if the removal or remediation of such Hazardous Environmental Condition was not identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created by the actions of or with any materials brought to the Site by Contractor, Subcontractors, Suppliers or anyone else for whom Contractor is responsible and the costs associated with the same. D. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.17); and (3) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1218 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 18 of 65 Contractor shall not be required to resume Work in connection with a Hazardous Environmental Condition identified pursuant to Paragraph 5.06.1) or in any affected area until after City has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) 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 and the Contract Price. City may have such deleted portion of the Work performed by City's own forces or others. G. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS CITY, AND ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS, AND SUBCONTRACTORS OF EACH AND ANY OF THEM, 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 ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE 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 5.06. CttyG OBLIGATES CONTRACTOR TO INDEMNIFY ANY INDIVIDUAL OR ENTITY FROM AND AGAINST THE CONSEQUENCES OF THAT INDIVIDUAL'S OR ENTITY'S OWNNEGLIGENCE. H. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6 — BONDS AND INSURANCE 6.01 Licensed Sureties and Insurers A. 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 required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 6.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish a performance bond and a payment bond, in accordance with the provisions of the Texas Government Code Chapter 2253 or successor statute and as required by the City, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor's obligations under the Contract. The performance and payment bonds must be provided by the Contractor to the City prior to the Contractor beginning any Work. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1219 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 19 of 65 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 Acceptance by the City. The maintenance bond(s) shall be provided as directed by the City as part of the close-out of the Contract and shall be provided prior to the final payment being made. C. All bonds shall be in the form prescribed by the Contract Documents, except as provided otherwise by Laws and Regulations, and must be issued and signed by a surety named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or the surety ceases to meet the requirements above, or its right to do business is terminated in the State of Texas, then Contractor shall promptly notify City in writing and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above. If Contractor has failed to obtain a required bond, City may refuse to allow the Contractor to begin Work, exclude the Contractor from the Site and exercise City's termination rights under Article 15. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the payment bond to such person or entity. 6.03 Certificates oflnsurance A. Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance and endorsements (and other evidence of insurance requested by City or any other additional insured) establishing that Contractor has obtained and is maintaining the policies and coverages required by these General Conditions and the Supplementary Conditions prior to beginning any Work. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "additional insureds" on all liability policies. 2. The Contractor's general liability insurance shall include a "per project" or "per location" endorsement, that 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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1220 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 20 of 65 financial strength and solvency to the satisfaction City. 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 insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage or to provide such certificates or other evidence of full compliance with the insurance requirements. 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 "occurrence basis". If If City agrees in writing that coverage is underwrittenmay be written 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 or for the warranty period provided for 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 that either nullify or amend the required lines of coverage, nor or decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Notice of an Award has been issued or the Agreement executed, and the policy exclusions are determined to be unacceptable or the City desires that the Contractor obtain additional insurance coverage the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. For any proposed self-insured retention (SIR),) in excess of $25,000.00, affecting insurance coverage, Contractor must obtain the written approval of the City in regard to asset value and stockholders' equity. In lieu of traditional insurance, proposed alternative coverage maintained through insurance pools or, risk retention groups, or self -funding will also require the written approval of the 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 in writing by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and 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 will provide prior notice of 90 days and the insurance adjustments shall be incorporated into the Work by Change Order. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1221 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 21 of 65 13. City shall be entitled, upon written request to Contractor and without expense to City, to receive copies of policies and endorsements thereto and. City 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. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 6.04 Contractor's Insurance A. Workers Compensation and Employers' Liability: Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury, including death, or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury including death, 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 or nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, that are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the Contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions)). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because of bodily injury or death of any person and/or property damage arising out of or related to the work, maintenance or use of any motor vehicle by the Contractor, any CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 `P**� DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 22 of 65 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. 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 delays or days not worked pursuant to this section. 6.05 Acceptance of Bonds and Insurance; Option to Replace A. 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 6 or the Supplementary Conditions 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. Such failure to provide bonds or insurance as required by the Contract Documents is a breach of the terms of the Contract and the City may terminate the Contractor in accordance with the provisions of the Contract Documents. ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES 7.01 Contractor's Means and Methods of Construction A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. If the Contract Documents note, or Contractor determines, that professional engineering or other design services are needed to carry out Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor's expense. Such services are not City -delegated professional design services under this Contract, and neither City nor Engineer has any responsibility with respect to (1) Contractor's determination of the need for such services, (2) the qualifications or licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services. 7.02 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. B. At all times during the progress of the Work, Contractor shall identify and assign a competent superintendent, who is proficient in English, and who shall not be replaced without written CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1223 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 23 of 65 notice to City of the name of the replacement superintendent. 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. 7.03 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Contractor shall be fully responsible to City for all acts and omissions of Contractor's employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor is responsible for Contractor's own acts and omissions. C. 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 on Business Days. Contractor will not permit the performance of Work outside of regular working hours on Business Days without City's prior written consent (which will not be unreasonably withheld)). Contractor's written request (by letter or electronic communication) for City's written consent must be made as follows: 1. for Work beyond regular working hours on Business Days, request must be made by noon at least two (2) Business Days prior; 2. for Work during Weekend Working Hours, request must be made by noon of the preceding Wednesday; and 3. for Work on state or federal holidays observed by the City, request must be made sufficiently in advance of the holiday, to satisfy requirements for City Council approval. 7.04 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 must be new and of good quality, 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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1224 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 24 of 65 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. 7.05 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.06 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to the City for acceptance (to the extent indicated in Paragraph 2.06 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments must 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 request for the duration of the Contract in accordance with the Construction Progress Schedule, General Requirements 0132 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 11. Adjustments in Contract Time may only be made by a Change Order. 7.06 "Or Equals " A. Contractor's Request; Governing Criteria: Whenever an item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or equal" item is permitted, Contractor may request that City permit the use of other items of equipment or material, or items from other proposed Suppliers, under the circumstances described below. 1. If City in its sole discretion determines that an item of equipment or material proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or equal" item. For the purposes of this Paragraph, a proposed item of equipment or material 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; 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to City. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1225 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 25 of 65 b. Contractor certifies that, if the proposed item is approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) the item will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor's Expense: Contractor shall provide all data in support of any proposed "or equal" item at Contractor's expense. C. City's Evaluation and Determination: City will be allowed a reasonable time to evaluate each "or -equal" request. City may require Contractor to furnish additional data about the proposed "or -equal" item. City will be the sole judge of acceptability. No "or -equal" item will be ordered, furnished, installed, or utilized until City's review is complete and City determines that the proposed item is an "or -equal." City." City will advise Contractor in writing of its determination. D. Effect of City's Determination: Neither approval nor denial of an "or -equal" request will result in any change in Contract Price. The City's denial of an "or -equal" request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. E. Treatment as a Substitution Request: If City determines that an item of equipment or material proposed by Contractor does not qualify as an "or -equal" item, Contractor may request that City consider the item a proposed substitution pursuant to Paragraph 7.07. 7.07 Substitutions A. Contractor's Request; Governing Criteria: Unless the specification or description of an item of equipment or material required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that City permit the use of other items of equipment or material under the circumstances described below. To the extent possible such requests must be made before commencement of related Work at the Site. 1. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitution therefor. City will not accept requests for review of proposed substitute items of equipment or material from anyone other than Contractor. 2. The requirements for review by City will be as set forth in Paragraph 7.07.B, as supplemented by the Specifications, and as City may decide is appropriate under the circumstances. 3. Contractor shall make written application to City for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: a. will certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design; 2) be substantially similar in substance to the item specified; and CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1226 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 26 of 65 3) be well-suited to the same use as the item specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will adversely impact Contractor's achievement of Final Acceptance on or before the Contract Time; 2) 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; and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from the item specified; and 2) available engineering, sales, maintenance, repair, and replacement services. d. will contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and Damage Claims of other contractors affected by any resulting change. B. City's Evaluation and Determination: City will be allowed a reasonable time to evaluate each substitution request. City may require Contractor to furnish additional data about the proposed substitute item. City will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until City's review is complete and City determines that the proposed item is an acceptable substitution. City's approval determination will be evidenced by a Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Time. City will advise Contractor in writing of any denial determination. C. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitution. Contractor shall indemnify and hold harmless City and its officers, elected and appointed officials, employees, agents, consultants and subcontractors and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorney's fees) arising out of or relateds to the use of substituted materials or equipment. D. Reimbursement of City's Cost: City will record City's costs in evaluating a substitution proposed or submitted by Contractor. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse City for evaluating each such proposed substitute. Contractor shall also 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. E. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute at Contractor's expense. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1227 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 27 of 65 City Substitution Reimbursement: Cost savings attributable to acceptance of a substitution shall be paid to City by Contractor by an appropriate Change Order decreasing the Contract Price. G. Effect of City's Determination: If City approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The City's denial of a substitution request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.07.1), by timely submittal of a Change Order. 7.08 Concerning Subcontractors and Suppliers A. Contractor shall perform with its own organization, and with the assistance of workmen under its immediate superintendence, work of a value not less than 35% of the Contract Price, unless otherwise approved by the City. B. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. 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, except as provided in Paragraph 7.08.C. The Contractor's retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor's obligation to City to perform and complete the Work in accordance with the Contract. C. The City may require the use of specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work , and will provide such requirements in the Supplementary Conditions. D. Contractor shall provide to City as part of the Bid, the identity of all proposed Subcontractors and Suppliers. Such proposed Subcontractor or Supplier shall be deemed acceptable to City unless City raises a substantive, reasonable objection prior to execution of the Agreement. E. 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 under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract: 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. F. No acceptance by City of any such Subcontractor or Supplier, whether initially or as a replacement, will constitute a waiver of the right of City to the completion of the Work in accordance with the Contract Documents, Contract Price and Contract Time. G. Contractor shall be solely responsible for scheduling and coordinating the tasks of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1228 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 28 of 65 H. All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of City. Contractor must comply with all applicable federal, state, and local laws, statutes, ordinances or regulations, including but not limited to immigration laws, workers compensation laws and wage laws, in the hiring of any Subcontractor or Supplier and shall ensure that each Subcontractor or Supplier has the same obligations. I. Contractor shall restrict all Subcontractors and Suppliers from communicating with City, except through Contractor or in case of an emergency, or as otherwise expressly allowed in this Contract. 7.09 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. The then current prevailing wage rates at the time of execution of the Agreement 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 Section 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 Section 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 City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being retained from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved: An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph 7.09.C. 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. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1229 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 29 of 65 Records to be Maintained: The Contractor and each Subcontractor shall, for a period of three (3) years following the date of Final Acceptance, 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 available in Denton County, Texas at all reasonable hours for inspection by the City. The provisions of Paragraph 7.23, Right to Audit, shall pertain to this inspection. Progress Payments: With each progress payment request 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 the Site 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 7.09.A through 7.09.G. 7.10 Patent Fees and Royalties A. Contractor shall pay all patent or license fees and royalties and pay 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 an 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 patent or license fee or royalty to others, the existence of such rights will be disclosed in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay said fees or, royalties or costs to others. B. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS CITY, AND ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS OF EACHAND ANY OF THEM, FROMAND 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. 7.11 Permits and Utilities A. Contractor obtained permits and licenses. Unless otherwise expressly provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. City shall provide reasonable assistance to Contractor, if necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work applicable at the time the Notice of Award is issued, except for permits provided by the City as specified in Paragraph 7.11.13. City shall pay the charges of utility service providers for connections for providing permanent service to the Work. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1230 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 30 of 65 B. City obtained permits and licenses. City will obtain and pay for those permits and licenses identified as City's responsibility in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to comply with and 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. relating to the changes. The City will not reimburse the Contractor for any cost associated with the 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. Outstandingpermits 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. 7.12 Taxes A. On issuance of a Notice of Award by the City, an organization which qualifying 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 hisits Supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Rulings applicable to Texas Tax Code, Subchapter H. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with all applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. httD://www.window.state.tx.us/taxinfo/taxfonns/93-fonns.html 7.13 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, City shall not be responsible for monitoring Contractor's compliance with any Laws and Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws and Regulations, Contractor shall be liable for all resulting claims, costs losses, and damages, and shall indemnify and hold harmless City, and its officers, elected CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1231 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 31 of 65 and appointed officials, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, 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 such Work or other action. C. Changes in Laws and Regulations not known at the time of the City's issuance of a Notice of Award 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. 7.14 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. Contractor shall include accurate locations for buried and imbedded items. These record documents, together with all approved Samples, will be available to City for reference. Upon completion of the Work, Contractor shall deliver these record documents to City prior to Final Inspection. 7.15 Safety and Protection A. As between City and Contractor, Contractor shall be responsible for the safety of persons and property in the performance of the Work, for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work and for compliance with applicable safety Laws and Regulations. B. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs. Contractor shall inform the City in writing of Contractor's designated safety representative at the Site. C. 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, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. D. All damage, injury, or loss to any property referred to in Paragraph 7.1515.C.2 or 7.1515.C.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 the responsibility of and remedied by Contractor at its expense. 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; CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1232 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 32 of 65 and shall implement, erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify City; the owners of adjacent property; the owners of Underground Facilities and other utilities (if the identity of such owners is known to Contractor); and other contractors and utility owners performing work at or adjacent to the Site, in writing, when Contractor knows that prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. G. Contractor shall comply with the applicable requirements of City's safety programs, if any. H. Contractor shall inform City in advance in writing of the specific requirements of Contractor's safety program with which City's and Engineer's employees and representatives must comply while at the Site. Contractor's duties and responsibilities for safety and protection will continue until all the Work is completed and City has issued a Letter of Final Acceptance. Contractor's duties and responsibilities for safety and protection will resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.16 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly known as material safety data sheets) or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws and Regulations. 7.17 Emergencies and/or Rectification A. In the event of threatened or actual emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to immediately act to prevent 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 by an emergency or are required as a result of Contractor's response to an emergency. If City determines that a change in the Contract Documents is required because of an emergency or Contractor's response, 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 proper action within 24 hours to fulfill this written request or fails to 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 cost for such remedial action, plus 25% from any funds due or to become due the Contractor on the Project. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1233 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 33 of 65 7.18 Submittals A. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.03). 1. Contractor shall submit the Submittals in accordance with Section 0133 00 of the General Requirements. 2. Data shown on the Submittals must 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 7.18.C. 3. Submittals reviewed and accepted 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 a review or take responsive action may be so identified in the Contract Documents. 6. Contractor shall submit the required number of Samples specified in the Specifications. 7. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which it is intended and other data as City may require to enable City to review the Submittal for the limited purposes set forth in Paragraph 7.18.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole risk, expense and responsibility of Contractor. C. City's Review 1. City will provide timely review of Submittals in accordance with the accepted Schedule of Submittals. City's review and acceptance will be to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents), or to safety precautions or programs incident thereto. 3. City's review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 4. City's review and acceptance of a Submittal will 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 of the General CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1234 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 34 of 65 Requirements, and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. 5. City's review and acceptance of a Submittal will not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6. City's review and acceptance of a Submittal, or of a variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Time or Contract Price, unless such changes are included in a Change Order. 7. Neither City's receipt, review, or acceptance of a Submittal will result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in accepted Submittals, subject to the provisions of Section 0133 00 of the General Requirements. 7.19 Continuing the Work A. 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. 7.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, elected and appointed officials, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, or improper modification, maintenance, or operation, by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents, a release of Contractor's obligation to perform the Work in accordance with the Contract Documents, or a release of Contractor's warranty and guarantee under this Paragraph 7.20: 1. Observations by Engineer or City; 2. Recommendation by Engineer or payment by City of any progress or final payment; 3. The issuance of a letter or 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; CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1235 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 35 of 65 6. Any inspection, test, or acceptance 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. Contractor shall furnish a good and sufficient maintenance bond, complying with the requirements of Paragraph 6.023. The City will give notice of observed defects with reasonable promptness. 7.21 Indemnification A. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS AND ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM, FROM AND AGAINST ANY AND ALL CLAIMS FOR PERSONAL OR BODILY INJURY OR DEATH, ARISING OUT OF OR RELATED TO, OR ALLEGED TO ARISE OUT OF OR BE RELATED TO, THE WORK AND SERVICES TO BE PERFORMED BY THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES UNDER THESE CONTRACT DOCUMENTS. 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. OR ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS, CONSULTANTS OR SUBCONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM. THIS INDEMNITY PROVISION IS INTENDED TO INCLUDE, WITHOUT LIMITATION, INDEMNITY FOR COSTS, EXPENSES AND LEGAL FEES INCURRED IN DEFENDING AGAINST SUCH CLAIMS AND CAUSES OF I:Tej 1 [1)►0 B. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY AND HOLD HARMLESS, AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS AND ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM FROM AND AGAINST ANY AND ALL LOSS, DAMAGE OR DESTRUCTION OF PROPERTY OF THE CITY, ARISING OUT OF OR RELATED TO, OR ALLEGED TO ARISE OUT OF OR BE RELATED TO, 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 OR ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS, CONSULTANTS OR SUBCONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1236 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 36 of 65 7.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design 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 pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations. C. If a Submittal related to the requirements indicated in Paragraph 7.22.13 is prepared by Contractor, a Subcontractor, or others for submittal to City, then such Submittal must bear the written approval of Contractor's design professional when submitted by Contractor to City. D. City shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under the conditions indicated in Paragraph 7.22.B, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents. E. Pursuant to this Paragraph 7.22, City's review, acceptance, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by Contractor pursuant to the conditions indicated in Paragraph 7.22.B, will be only for the following limited purposes: 1. Checking for conformance with the requirements of this Paragraph 7.22; 2. Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents; and 3. Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents. 7.23 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 during the term of the Contract and for 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 made available, in Denton County, Texas within ten (10) Business Days of City's 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 Denton County, Texas. Except as otherwise provided herein, the cost of the audit will be borne by the City CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1237 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 37 of 65 unless the audit reveals an overpayment of 1% or greater. If the City is undertaking an audit or inspection pursuant to Paragraph 7.09 or if an overpayment of 1% or greater occurs, the City's reasonable cost of the audit, including any travel costs, must be paid by the Contractor within five (5) Business Days of receipt of City's invoice for such costs. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 7.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit -related projects, 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. Contractor shall comply with the requirements of Title V1, Civil Rights Act of 1964 as amended and the regulations promulgated thereunder, as may be further defined in the Supplementary Conditions, for any project receiving Federal assistance. ARTICLE 8 — OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the City may perform other work at or adjacent to the Site. Such other work may be performed by City's employees, or through contracts between the City and third parties. City may also arrange to have third - party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If City performs other work at or adjacent to the Site with City's employees, or through contracts for such other work, then City shall give Contractor written notice thereof prior to starting any such other work, if such other work is not noted in the Contract Documents. C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and City, if City is performing other work with City's employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. D. 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. If the proper execution or results of any part of Contractor's Work depends upon work performed by others, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1238 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 38 of 65 Contractor's Work except for latent defects and deficiencies in such other work that could not have been discovered through a proper inspection. The provisions of this Article 8 are not applicable to work that is performed by third -parry utilities or other third -party entities without a contract with City, or that is performed without having been arranged by City. If such work occurs, then any related delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.03.D.3. 8.02 Coordination A. If City intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with City's employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. An itemization of the specific matters to be covered by such authority and responsibility; and 3. The extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. 8.03 Legal Relationships A. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of City, any other contractor, or any utility owner performing other work at or adjacent to the Site. 1. When City is performing other work at or adjacent to the Site with City's employees, Contractor shall be liable to City for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by City as a result of Contractor's failure to take reasonable and customary measures with respect to City's other work. B. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any Damage Claim arising out of Contractor's actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, City, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify, defend and hold harmless City and Engineer, and the officers, elected and appointed officials, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1239 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 39 of 65 ARTICLE 9 — CITY'S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 9.02 Furnish Data A. City shall promptly furnish the data required of City under the Contract Documents. 9.03 Pay When Due A. City shall make payments to Contractor when they are due in accordance with and subject to the provisions of Article 14. 9.04 Lands and Easements; Reports, Tests, and Drawings A. City's duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Article 5 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions at the Site, 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. 9.05 Change Orders A. City's responsibilities with respect to Change Orders are set forth in Article 11. 9.06 Inspections, Tests, and Approvals A. City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.02.DD. 9.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.08 Undisclosed Hazardous Environmental Condition A. City's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.09 Compliance with Safety Program A. While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed in advance in writing pursuant to Paragraph 7.15. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1240 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 40 of 65 ARTICLE 10 — CITY'S OBSERVATION DURING CONSTRUCTION 10.01 City's Project Manager or Duly Authorized Representative A. City will provide a Project Manager or duly authorized representative during the construction period. The duties and responsibilities and the limitations of authority of City's Project Manager or duly appointed representative during construction are set forth in the Contract Documents. B. City's Project Manager for these Contract Documents is as set forth in the Supplementary Conditions. City will establish a duly authorized representative at the Preconstruction Meeting in accordance with Section 0131 19 of the General Requirements. 10.02 Visits to Site A. City will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City will determine, in general, if the 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. City's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's visits and observations are subject to all the limitations on City's responsibility set forth in Paragraph 99.07. Particularly, but without limitation, during or as a result of City's visits or observations of Contractor's Work, City will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Determinations for Work Performed A. As applicable, Contractor will determine the actual quantities and classifications of Work performed.. City's Project Manager or duly authorized representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 10.04 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the interpreter of the requirements of the Contract Documents and judge the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 11.07. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1241 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 41 of 65 ARTICLE 11— CHANGES ININ THE WORK; CLAIMS; EXTRA WORK 11.01 Amending and Supplementing the Contract A. The Contract may be amended toto provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof, including in the Contract Price or Contract Time, but such amendment will be made by Change Order only. 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 of the following ways: 1. A Field Order; or 2. City's review of a Submittal (subject to the provisions of Paragraph 7.18.C); or 3. City's written interpretation or clarification. 11.02 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. 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.. 2. Changes in the Work which are: (a) ordered by City pursuant to Paragraph 11.04, (b) required because of City's acceptance of defective Work under Paragraph 13.05 or City's correction of defective Work under Paragraph 13.08, or (c) as otherwise agreed to by the parties. 11.03 Field Orders A. City may authorize minor variations and deviations in changes in the Work if the changes 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. Such changes will be accomplished by a Field Order and will be binding on both the City and Contractor, which shall perform the Work involved promptly. 11.04 Authorized Changes in the Work —Extra 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 City. 11.05 Unauthorized Changes in the Work A. 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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 `PZI% DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 42 of 65 Documents, as amended, modified, or supplemented as allowed herein, except in certain cases of an emergency as provided in Paragraph 7.17.A. 11.06 Dispute of Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment for such Extra Work, and the City requires its performance, the Contractor shall proceed with the Extra Work after making written request for a Change Order and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 11.07. B. The Contractor shall furnish the City such 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 work performed. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be the full, complete and final payment for all charges, fees and costs Contractor incurs as a result of or relating to the Extra Work, whether said charges, fees or costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any charges, fees or costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the Extra Work. 11.07 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.08, 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 no later than 45 days after the start of the event giving rise thereto (unless the City notifies Contractor in writing that City will allow 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 11.08. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 11.09. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1243 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 43 of 65 6. The City shall submit any response to the Contractor within 30 days after receipt of the Contractor's last submittal (unless in connection with the Contract Claim (unless Contractor allows the City additional time to submit a response). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor unless action by City's Council is required, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. D. City's written action under this Paragraph 11.07 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. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 11.07. F. If the City fails to take any action pursuant to this Paragraph 11.07, the Contract Claim is considered to have been denied by the City. 11.08 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. TheThe 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, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 12.03); 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.08.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 the parties do not reach mutual agreement to a lump sum or unit price, then on the basis of the Cost of the Work (determined as provided in Paragraph 12.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 11.08.C). C. Contractor's Fee: The Contractor's fee for overhead and profit will 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: CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1244 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 44 of 65 For costs incurred under Paragraphs 12.01.13.1, 12.01.13.2, and 12.01.13.3, the Contractor's fee will be 15 percent except for: 1) rental fees for Contractor's own equipment; and 2) bonds and insurance; b. For costs incurred under Paragraph 12.01.B.4, the Contractor's fee will be 5 percent; 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 11.08.C.2.a and 11.08.C.2.b is that the Contractor's fee will be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 12.01.13.1, 12.01.13.2, and 12.01.13.3 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, in no case shall the cumulative total of fees paid be in excess of 25% of the Cost of the Work; c. No fee will be payable on the basis of costs itemized under Paragraphs 12.0l.B.5, 12.0l.B.6, and 12.01.C; The amount of credit to be allowed by Contractor to City for any change which results in a net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and 11.09 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 under a Change Order 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. C. Delay, disruption, and interference in the Work, and any related changes in Contract Time, are addressed in and governed by Paragraph 4.03. 11.10 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1245 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 45 of 65 ARTICLE 12 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 12.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term "Cost of the Work" means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 12.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost -plus -fee, time -and -materials, or other cost -based terms; or 2. When needed to determine the value of a Change Order. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: The term, "Cost of the Work" means the sum of all costs, except those excluded in Paragraph 12.0l.C, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work is covered by a Change Order, the costs reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall be in amounts no higher than those calculated based on the prevailing wage rates contained in the Contract Documents, shall not include any of the costs itemized in Paragraph 12.0l.C, and may include as applicable, 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, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs shall include, salaries and wages plus the cost of fringe benefits, which include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours on Business Days, during Weekend Working Hours, or on a state or federal holiday observed by the City, 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 in writing 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. and the Contract Documents. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1246 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 46 of 65 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. Contractor shall deliver such bids to City, which will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee will be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 12.01 and Paragraph 11.08.C. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed or retained for services specifically related to the Work and specifically included in the agreed upon schedule of job classifications referred to in Paragraph 12.01.13.1 or otherwise specifically included in the Contract. 6. Supplemental costs consisting of the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, and temporary office or facilities at the Site, 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, as imposed by Laws and Regulations, excluding those taxes for which an exemption is available as described in Paragraph 7.12. d. Deposits lost for causes other than the negligence or willful misconduct of Contractor, any Subcontractor, or 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. 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 or willful misconduct 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 include settlements made with the written consent and approval of CityCity. No such losses, damages, and expenses will be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work does not include any of the following items: CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1247 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 47 of 65 1. Payroll costs and other compensation of Contractor's officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 12.01.13.1 or otherwise specifically covered in the Contract. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the acts, omissions, negligence or willful misconduct 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. D. Contractor's Fee 1. When the Work as a whole is performed on the basis of cost -plus -a -fee, then: Contractor's fee for the Work set forth in the Contract Documents as of the Effective Date of the Agreement will be determined as set forth in the Contract. b. for any Work covered by a Change Order for an adjustment in Contract Price on the basis of Cost of the Work, Contractor's fee will be determined as set forth in Paragraph 11.08.C. 2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost -plus -a -fee, then Contractor's fee for any Work covered by a Change Order for an adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph 11.08.C.2. Documentation and Audit: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 12, Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices, and submit in a form acceptable to City an itemized cost breakdown together with supporting data. Subject to prior written notice, City will be afforded reasonable access, during normal business hours, to all Contractor's accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and Contractor's fee. Contractor shall preserve all such documents for a period of three years after the final payment by City. Contractor will be responsible for ensuring that pertinent Subcontractors will afford such access to City, and preserve such documents, to the same extent as is required of Contractor. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1248 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 48 of 65 12.02 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: Contractor agrees that: 1. 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 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances, have been included in the Contract Price and not in the allowances, and no demand for additional payment for 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 for Work covered by allowances, and the Contract Price will be correspondingly adjusted. 12.03 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 multiplied by 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 10.03. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to Unit Price Work listed and the cost of incidental work included as part of the unit price. D. Adjustments in Contract Price 1. City may make an adjustment in the Contract Price in accordance with Paragraph 11.08 if. a. the quantity of the item of Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and b. there is no corresponding adjustment with respect to any other item of Work. 2. Adjusted unit prices will apply to all units of that item. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1249 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 49 of 65 Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 11.04. 1. If the changes in quantities or the alterations do not significantly change the character of the 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 materially and significantly change the character of the Work, the Contract will be amended by a Change Order. 3. If no unit prices exist, thisany increase or decrease in quantities will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 11. 4. A significant change in the character of Work occurs when: the character of work for any Item as altered differs materially or significantly 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. 12.04 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 term of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised in accordance with the Contract. B. If the total actual quantity measured for an individual item varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized Work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 11. 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 identified in the approved change, and the 25% variance provisions of Paragraph 12.04.13 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. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1250 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 50 of 65 For callout work or non -site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Access to Work A. City and its Engineer, consultants, representatives, employees, and independent testing laboratories, and authorities having jurisdiction shall have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply with such procedures and programs as applicable. 13.02 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. If the Contract Documents or any Laws and Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection, testing or approval, except that those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall will be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging, obtaining, and paying for all inspections, tests, re -tests, and approvals required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to City; 2. to attain City's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections and tests will be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1251 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 51 of 65 2. Should any Testing under this Section 13.03.1) result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 3. Any amounts owed for any retest under this Section 13.02.1) 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. If the Contract Documents require the Work (or part thereof) to be approved by City or another designated individual or entity, then Contractor shall assume full responsibility for seeking and obtaining such approvals. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without the written approval of City, Contractor shall, if requested by City, uncover such Work for observation. Such uncovering and the recovering of such Work will be at Contractor's expense. 13.03 Defective Work A. Contractor's Obligation: It is Contractor's obligation to assure that the Work is not defective. B. City's Authority: City has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Written notice of all defective Work of which City has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if City has rejected the defective Work, shall remove the defective Work from the Project and replace it with Work that is not defective. Failure to require the removal of any defective Work shall not constitute acceptance of such Work. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair City's warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Contractor or City by governmental authorities because the Work is defective, and the costs of repair, replacement or reconstruction of work of others resulting from defective Work. 13.04 Rejecting Defective Work A. City will have authority to reject Work which City 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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1252 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 52 of 65 of the Work as provided in this Article 13, whether or not the Work is fabricated, installed, or completed. 13.05 Acceptance of Defective Work A. 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 arbitration or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work, and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of the Work so accepted. 13.06 Uncovering Work A. City has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the Contract Documents or specific instructions of City and if requested by City, Contractor shall uncover such Work for City's observation, inspection or testing and then replace the covering, all at Contractor's expense. C. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, then Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for 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 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). City shall be entitled to accept defective Work in accordance with Paragraph 13.05 and in such case Contractor shall still be responsible for all costs associated with exposing, observing, and testing defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an extension of the Contract Time to the extent directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.07 City May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or Contractor fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been corrected or eliminated; however, this right of City to stop the Work will 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 any employee or agent of, any of them. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1253 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 53 of 65 13.08 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 defective Work as required by City, 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, then City may, after providing 7 days' advance written notice to Contractor, correct or remedy any such deficiency. B. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow CityCity, City's representatives, agents and employees, and City's other contractors access to the Site to enable City to exercise the rights and remedies under this Paragraph 13.08. 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 arbitration or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.08 will be the responsibility of and will be charged against Contractor. 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. Such claims, costs, losses and damages will include, but not be limited to, all costs of repair or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. 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 by City of City's rights and remedies under this Paragraph 13.08. ARTICLE 14 — PAYMENTS TO CONTRACTOR; COMPLETION; CORRECTION PERIOD 14.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Paragraph 2.03 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 12.03. Progress payments for cost -based Work will be based on Cost of the Work completed by Contractor during the pay period. B. 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 (but not more often than once a month), 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. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1254 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 54 of 65 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 must also be accompanied by: (a) bill of sale, invoice, or purchase order payments, copies of cancelled checks or other documentation establishing full payment by Contractor for the materials and equipment; (b) at City's request, documentation warranting that City has received the materials and equipment free and clear of all Liens; and (c) evidence that the materials and equipment are covered by appropriate property 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 must include an affidavit of Contractor stating that all previous progress payments received on account of the Work by Contractor have been applied to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. C. Review of Applications 1. City will, after receipt of each Application for Payment, either indicate in writing it will proceed to process the Application for Payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that based City's actual knowledge: a. the Work has progressed to the point indicated; and b. the quality and/or quantity of the Work is generally in accordance with the Contract Documents (subject to any subsequent evaluations of the Work, an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests or inspections called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraphs 10.05 and 12.03, and any other qualifications stated). 3. Processing any such payment will not thereby be deemed to have represented that: 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; or b. there are no 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 hashas complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process or pay the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1255 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 55 of 65 may revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. there are discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; City has been required to correct defective Work in accordance with Paragraph 1313.08, or has accepted defective Work pursuant to Paragraph 13.05; City has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Retainage: 1. For all contracts, retainage shall be five percent (5%). E. 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 paid by the Contractor to the City, not as a penalty, but as liquidated damages suffered by the City. If feasible, the parties may agree to have the liquidated damages deducted from any amounts owned to Contractor by City instead of being paid directly to City by Contractor. F. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. G. Reduction in Payment 1. City may refuse to make payment of the of the amount requested because: a. Claims have been made against City based on Contractor's performance or furnishing of the Work, or City has incurred costs, losses, or damages resulting from Contractor's performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, or patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. City has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. City has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. The Work is defective, requiring correction or replacement; CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1256 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 56 of 65 g. City has been required to correct defective Work in accordance with Paragraph 13.08, or has accepted defective Work pursuant to Paragraph 13.05; h. The Contract Price has been reduced by Change Orders; i. An event has occurred that would constitute a default by Contractor and therefore justify a termination for cause; j. Liquidated or other damages have accrued as a result of Contractor's failure to achieve Milestones or Final Acceptance of the Work; k. 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; I. Other items entitle City to a set-off against the payment amount requested; or m. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and promptly 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, within a reasonable time after Contractor remedies the reasons for such action to the satisfaction of City and City has confirmed such action. 14.02 Contractor's Warranty of Title A. 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. 14.03 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to of any such part of the Work which City determines to be ready for its intended use. In addition, City may request in writing that Contractor permit City to use or occupy any such part of the Work that City believes to be substantially complete, subject to the following conditions: 1. At any time, Contractor may notify City 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 14.03, 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 by City will not constitute Final Acceptance by City. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1257 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 57 of 65 14.04 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. 14.05 Final Acceptance A. Upon completion by Contractor to City's satisfaction, of any and all Work in accordance with the Contract Documents, including any corrections or additional Work identified in the Final Inspection and delivery of all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurances, certificates of inspection, annotated record documents and other required documents in accordance with the Contract Documents, City will issue to Contractor a letter of Final Acceptance. 14.06 Final Payment A. Application for Payment 1. Upon receipt of a letter of Final Acceptance from City, Contractor may make application for Final Payment following the procedures for requesting payments in accordance with the Contract Documents. 2. The final Application for Payment must 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 6.03; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to City free and clear of any Liens or other title defects or will so pass upon final payment. a list of all Contract Claims or Damage Claims against City that Contractor believes are unsettled; and affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. B. Payment Becomes Due: The final payment requested by Contractor, less previous payments made and less any sum to which City is entitled, including but not limited to liquidated damages, will become due and payable: 1. After City's acceptance of the Application for Payment and accompanying documentation; and CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1258 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 58 of 65 2. After all Damage Claims have been resolved: directly by the Contractor; or b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract that continue thereafter. 14.07 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.01.D, and if bonds have been furnished as required in Paragraph 6.02, 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. B. Partial Retainage Release. If the Contract provides for separate establishment and maintenance periods and/or 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. 14.08 Waiver of Claims A. The acceptance of final payment will constitute a waiver and release by Contractor of all claims, rights, causes of action, or liabilities, including Contract Claims, against City arising out of, related to or under the Contract or for any act, omission or neglect of City. 14.09 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 Contract Documents) any Work has been found to be defective, or Contractor's repair of any damages to the Site, adjacent areas, or areas made available for Contractor's use by City has been found to be defective, then after receipt of City's written notice of defect, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. correct the defective repairs to the Site or such adjacent areas, or areas made available for Contractor's use by City; 2. correct such defective Work; 3. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by City, and CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1259 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 59 of 65 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). 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 Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected, repaired or removed and replaced under this Paragraph 14.09, the correction period hereunder with respect to such Work may be extended for an additional period of one year after the end of the initial correction period. E. Contractor's obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this Paragraph 14.09 are not to be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 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. City may fix the date on which Work will be resumed in such notice, and Contractor shall resume the Work on the date so fixed. During a 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; Contractor shall take every precaution to prevent damage or deterioration of the work performed; and Contractor shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving its 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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1260 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 60 of 65 equipment and no profit or overhead 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: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Project Schedule established under Paragraph 2.06 as adjusted from time to time pursuant to Paragraph 7.05); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract; or 3. Contractor's disregard of Laws and Regulations of any public body having jurisdiction; or 4. Contractor's repeated disregard of the authority of City; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial indication that the Contractor has become insolvent or bankrupt, or otherwise financially unable to perform 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 15.02.A occurs, 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. The conference shall be held not later than 15 days after receipt of notice. by both Contractor and surety. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the 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 the 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 stored at the Site CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1261 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 61 of 65 or for which City has paid Contractor, but which are stored elsewhere, and 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 completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by City, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds 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 15.02, 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, elected or appointed officials, 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, counterclaim or offset 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 under the Contract or prescribed by law. C. Notwithstanding Paragraph 15.02.B, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue, or any rights or remedies of City against Contractor or Surety. Any retention or payment of money due Contractor by City will not release Contractor from liability. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.02, the termination procedures of that bond shall not supersede the provisions of this Article 15. 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, in whole or in part. Any termination shall be affected by giving notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Notice shall be deemed validly given if given in accordance with Paragraph 17.01.A. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1262 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 62 of 65 B. After a notice of termination, has been given, 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: 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 the Contract that is in the possession of the Contractor and in which the City 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 in accordance with the Contract, exclusive of items the disposition of which has been directed or authorized by City. D. Not later than 15 days after Contractor's submission of the certified list to City pursuant to Paragraph 15.03.C, the City shall accept title to such items, subject to verification of the list by the City upon removal of the items or,. If the items are stored, then City shall have 45 days after submission of the list, to verify the list submitted and accept title to such items. Any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. Not later than 60 days after the notice of termination has been given, the Contractor shall submit hisits termination claim to the City in the form and with the certification prescribed by the City. Unless an extension request is made in writing within such 60 -day period by the Contractor, and granted by the City, any and all such claims of Contractor that are not submitted to City within such 60 -day period shall be conclusively deemed waived. Should a termination claim be timely submitted to the City, 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 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1263 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 63 of 65 and profit on such Work calculated and determined in accordance with the Contract Documents; 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 calculated and determined in accordance with the Contract Documents; and 3. reasonable expenses directly attributable to reasonable and necessary wind -down and termination activities, without any overhead or profit. 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 submitted and available to it, the amount, if any, due to the Contractor by reason of the termination and City shall pay to the Contractor the amounts so determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of, related to or resulting from such termination. ARTICLE 16 — RESOLUTION OF DISPUTES 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 11.07 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 11.07.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 calendar days of filing of the request. C. The parties shall agree on a mediator; however, if they cannot agree within 14 calendar days then the Denton County Alternative Dispute Resolution Program ("DCAP") shall appoint a mediator. The mediation session shall be held within 45 days of the retention of the mediator, and last for at least one full mediation day, before any party has the option to withdraw from the process. The parties may agree to continue the mediation process beyond one day, until there is a settlement agreement, or one party, or the mediator, states that there is no reason to continue because of an impasse that cannot be overcome and sends a "notice of termination of mediation." All reasonable efforts will be made to complete the mediation within 30 days of the first mediation session. All costs of mediation shall be borne equally by the parties. D. All communications, both written and oral, during Phases A and B are confidential and shall be treated as settlement negotiations for purposes of applicable rules of evidence; however, documents generated in the ordinary course of business prior to the Dispute, that would otherwise be discoverable, do not become confidential simply because they are used in the Negotiation and/or Mediation process. E. The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1264 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 64 of 65 If the Contract Claim is not resolved by mediation, City's action under Paragraph 11.07.0 or a denial pursuant to Paragraphs 11.07.C.3 or 11.07.1) 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 2. agrees with the other parry 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 as set forth within the Contract Documents. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract requires the giving of written notice, it will be deemed to have been validly given if delivered: 1. in person, by a commercial courier service or otherwise, if to City, to the duly authorized representative of City identified in the Contract Documents or to City's Project Manager or, if to Contractor, to a member of the firm or to an officer of the corporation for whom it is intended; or 2. by registered or certified mail, postage prepaid, to the recipient's place of business; or 3. by e-mail to the recipient. 17.02 Computation of Time A. When any period of time is referred to in the Contract 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 that is a state or federal holiday observed by the City, the next Business Day shall become the last day of the period. 17.03 Cumulative Remedies A. 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 and Regulations, in equity, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this Paragraph 17.03 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 Limitation of Damages A. With respect to any and all claims, disputes subject to final resolution, and other matters at issue, neither City, nor any of its officers, directors, elected or appointed officials, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. Further, the Contractor may only claim and the City may only be liable for those damages that are set forth in Subchapter I, Chapter 271 of the Texas CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1265 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 72 00 GENERAL CONDITIONS Page 65 of 65 Local Government Code and the City shall not be liable for any consequential damages, exemplary damages or damages for unabsorbed home office overhead. 17.05 No Waiver A. A party's non -enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract. B. The City has not waived its sovereign immunity except as expressly set forth in Subchapter I, Chapter 271 of the Texas Local Government Code or as expressly waived by other statute. 17.06 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and Final Acceptance of the Work or termination of the Contract or of the services of Contractor. 17.07 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract. 17.08 Successors and Assigns A. City and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 17.09 Governing Law A. The Contract shall be construed in accordance with the laws of the State of Texas without regard to conflicts of law principles. 17.10 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1266 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 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 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 00 73 01 SUPPLEMENTARY CONDITIONS - CSP f 1 019011 [1)\[QI]IK11111 SUPPLEMENTARY CONDITIONS - CSP TO GENERAL CONDITIONS Supplementary Conditions Page 1 of 7 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC -1.01 "Defined Terms" The following Terms listed in the General Conditions are modified as follows: Bid — See Proposal. Bidder — See Offeror. Bidding Documents — See Proposal Documents. Bidding Requirements — See Proposal Requirements. The following Terms are added to the General Conditions as follows: Competitive Sealed Proposals — A procurement method by which a governmental entity requests proposals, evaluates and ranks the Offerors, and negotiates a contract with a general contractor for the construction, rehabilitation, alteration, or repair of a facility. Daily Value — The City -determined value in dollars as indicated in the Proposal Form as the value of one Day for the purposes of determining the Incentive (if applicable) for Substantial Completion relative to the Contract Time and achievement of Substantial Completion. Offeror — The individual or entity that submits a Proposal directly to City. Proposal — The offer or proposal of an Offeror submitted in accordance with the requirements set forth in the Instructions to Offerors. Proposal Documents — The Proposal Requirements and the Proposed Contract Documents. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 CSP 7857 1267 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 1 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 37 38 39 40 41 42 00 73 01 SUPPLEMENTARY CONDITIONS - CSP Page 2 of 7 Proposal Requirements — The Advertisement or Invitation to Offerors, Instructions to Offerors, Offeror's Bond or other Proposal security, if any, the Proposal Form, and the Proposal with any attachments. Substantial Completion — The completion of the Work necessary for the project to function as it was intended pursuant to the Contract Documents and as specified below, to the reasonable satisfaction of the City. The date of Substantial Completion shall be memorialized by written notice given by the City to the Contractor. SC -5.01A Easement limits shown on the Drawing are approximate and were provided to establish a basis for proposals. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC -5.01A.1., "Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of October 28, 2021: Outstanding Right -Of -Way, and/or Easements to Be Acquired PARCEL OWNER NUMBER None TARGET DATE OF POSSESSION The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC -5.01A.2, "Availability of Lands" Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of [October 28, 2021] EXPECTED UTILITY AND LOCATION OWNER None TARGET DATE OF ADJUSTMENT The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. SC -5.03A., "Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 CSP 7857 1268 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 1 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 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 00 73 01 SUPPLEMENTARY CONDITIONS - CSP Page 3 of 7 A subsurface geotechnical investigation Report No. W21158, dated October 1, 2021, prepared by Alpha Testing, Inc., a consultant of the City, providing additional information on existing pavement thickness, subgrade soil characteristics and recommendations for lime and/or cement stabilization rates under proposed pavement sections. The following are drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: ["None'7 SC -5.05 A., "Underground Facilities The following are additional resources for identification of Underground Facilities which are at or contiguous to the site of the Work, and which are not necessarily shown in the Drawings: ["None'7 SC -5.06A., "Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: ["None'7 SC -6.02, "Performance, Payment, and Maintenance Bonds" The "Contract Price" for Performance, Payment, and Maintenance Bonds will be the same as indicated in Article 3 as listed in the Agreement. SC -6.03A., "Certificates of Insurance" The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. (1) City (2) Consultant: "None" (3) Other: ["None'] SC -6.04A., "Contractor's Insurance" The limits of liability for the insurance required by Paragraph GC -6.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: 6.04A. Workers' Compensation, under Paragraph GC -6.04A. Statutory limits Employer's liability $100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease -policy limit SC -6.04B., "Contractor's Insurance" 6.04B. Commercial General Liability, under Paragraph GC -6.0413. Contractor's Liability Insurance under Paragraph GC -6.04B., which shall be on a per project basis covering the Contractor with minimum limits of: $1,000,000 each occurrence CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 CSP 7857 1269 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 1 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 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 00 73 01 SUPPLEMENTARY CONDITIONS - CSP Page 4 of 7 $2,000,000 aggregate limit The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 6.04C., "Contractor's Insurance" 6.04C. Automobile Liability, under Paragraph GC -6.04C. Contractor's Liability Insurance under Paragraph GC -6.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. $1, 000, 000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person / $500,000 Bodily Injury per accident / $100,000 Property Damage SC -6.04D., "Contractor's Insurance" The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks, or perform work within 25 feet of the center line of tracks ["None' J. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: (1) General Aggregate: (2) Each Occurrence: Required for this Contract $Confirm Limits with Railroad $Confirm Limits with Railroad X Not required for this Contract With respect to the above outlined insurance requirements, the following shall govern: 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 CSP 7857 1270 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 1 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 37 38 39 40 41 42 43 44 45 46 47 48 00 73 01 SUPPLEMENTARY CONDITIONS - CSP Page 5 of 7 2. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of-way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at - grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. SC -7.08C., "Concerning Subcontractors and Suppliers" The following subcontractors shall be required to be utilized by the Contractor for specific portions of the Work as indicated below: Required Subcontractors SUBCONTRACTOR COMPANY NAME DESCRIPTION OF WORK TO BE PERFORMED None SC -7.11., "Permits and Utilities" SC -7.11A., "Contractor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: "None ". SC -7.11B. "City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: "None ". SC -7.11C. "Outstanding permits and licenses" The following is a list of known outstanding permits and/or licenses to be acquired, if any as of [October 28, 2021]: Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION CITY OF DENTON CSP 7857 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 1271 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 1 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 00 73 01 SUPPLEMENTARY CONDITIONS - CSP Page 6 of 7 OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None SC -8.02., "Coordination" The individuals or entities listed below have contracts with the City for the performance of other work at the Site: "None" Vendor Sco a of Work Coordination Authority SC -9.01, "Communications to Contractor" There are no special communication coordination requirements for this project. SC -10.01B., "City's Project Manager" The City's Project Manager for this Contract is Scott Fettig, or his/her successor pursuant to written notification from the City Engineer. SC -13.02B., "Tests and Inspections" "None" SC -14.01G, "Reduction in Payment" Add Paragraph 14.01 G.3: 3. City may reduce payments to the Contractor, if the number of Days that have passed after the date listed on the Notice to Proceed exceeds the Contract Time for Substantial Completion. SC -16.01C.1, "Methods and Procedures" "None" END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 CSP 7857 1272 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C 00 73 01 SUPPLEMENTARY CONDITIONS - CSP Page 7 of 7 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 CSP 7857 1273 DocuSign Envelope ID: 6BF242EE-243B-435A-92DA-C39344CEDA6C ti N 0035 14 CONFLICT OF INTEREST AFFIDAVIT - CSP Page 1 of 2 SECTION 00 35 14 CONFLICT OF INTEREST AFFIDAVIT - CSP CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. I Name of vendor who has a business relationship with local governmental entity. 7agoe-Public Company 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7`h business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 1 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? E-1 Yes E-1 No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes E-1 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes E-1 No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 P I have no Conflict of Interest to disclose. Signature of vendor doing business with the governmental entity Date CITY OF DENTON CSP 7857 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 Certificate Of Completion Envelope Id: 6BF242EE243B435A92DAC39344CEDA6C Subject: Please DocuSign: City Council Contract 7857 - 2020 Street Bundle Sector III Source Envelope: Document Pages: 105 Signatures: 3 Certificate Pages: 6 Initials: 1 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Record Tracking Status: Original 1/4/2022 4:24:42 PM Signer Events Cori Power cori.power@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) 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) Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Catherine Clifton, Interim City Attorney City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Bill Cheek bill.cheek@jagoepublic.com Executive Vice President Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 1/6/2022 10:47:33 AM ID:601c8a86-313b-45c9-8df9-664a3d74bfdd Holder: Cori Power cori.power@cityofdenton.com Signature Completed Using IP Address: 198.49.140.104 EiDS Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 DocuSigned by: C 8 RA 43 Signature Adoption: Pre -selected Style Using IP Address: 68.191.210.54 by: ED*,"Si,n,d 6AE24 Signature Adoption: Pre -selected Style Using IP Address: 75.139.243.122 DocuSign Status: Sent Envelope Originator: Cori Power 901 B Texas Street Denton, TX 76209 cori.power@cityofdenton.com IP Address: 198.49.140.104 Location: DocuSign Timestamp Sent: 1/5/2022 4:24:30 PM Viewed: 1/5/2022 4:25:44 PM Signed: 1/5/2022 4:26:34 PM Sent: 1/5/2022 4:26:37 PM Viewed: 1/6/2022 8:18:00 AM Signed: 1/6/2022 8:18:58 AM Sent: 1/6/2022 8:19:01 AM Viewed: 1/6/2022 10:32:04 AM Signed: 1/6/2022 10:40:28 AM Sent: 1/6/2022 10:40:31 AM Viewed: 1/6/2022 10:47:33 AM Signed: 1/6/2022 10:48:07 AM 1275 Signer Events Rebecca Diviney Rebecca.Diviney@cityofdenton.com Director of Capital Projects/City Engineer Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 1/6/2022 10:50:30 AM ID: 11 b289ec-377f-411 e-bc9d-f18b13eac5b2 Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 1/5/2022 2:26:23 PM ID:a5bc5a33-fec2-4093-9295-5abe22bOf507 In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature ED—Sign1d by: SE86746 Signature Adoption: Pre -selected Style Using IP Address: 47.222.7.91 Signature Status Status Status Status Status PIED Timestamp Sent: 1/6/2022 10:48:09 AM Viewed: 1/6/2022 10:50:30 AM Signed: 1/6/2022 11:04:12 AM YTiiiilL:If��lY��ifi1[ILSfiFL1��l Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 1/5/2022 4:26:36 PM 1276 Carbon Copy Events Status Timestamp Gretna Jones Sent: 1/6/2022 11:04:15 AM gretna.jones@cityofdenton.com ED Viewed: 1/6/2022 1:04:52 PM Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Scott Fettig Scott. Fettig@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/3/2021 3:37:24 PM ID:3d8af572-fe73-412c-a998-4f19a183a25e Cheyenne Defee cheyenne.defee@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 1/5/2022 4:24:30 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 1277 Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Bill Cheek, Rebecca Diviney, Rosa Rios, Scott Fettig ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. 1278 How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetSca e 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: -Allow per session cookies -Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. 1279 Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. 1280 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-012, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton authorizing the execution of a contract of sale between the City of Denton, as buyer, and Michael Davidson and Penny Davidson (referred to herein as "Seller"), for the purchase of a 71.034 acre tract of land, more or less, being situated in the J. West Survey, located in the City of Denton, Denton County, Texas, and known as 5995 Hardee Field Road, for the purchase price of One Million Ninety Thousand Four Hundred Fifty -Five Dollars and no/100 ($1,090,455.00); authorizing the expenditure of funds therefor; providing for severability; and providing an effective date. City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legista 1281 DENTON City of Denton AGENDA INFORMATION SHEET FILE ID 22-012 DEPARTMENT: Real Estate CM/ACM: David Gaines DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton authorizing the execution of a contract of sale between the City of Denton, as buyer, and Michael Davidson and Penny Davidson (referred to herein as "Seller"), for the purchase of a 71.034 acre tract of land, more or less, being situated in the J. West Survey, located in the City of Denton, Denton County, Texas, and known as 5995 Hardee Field Road, for the purchase price of One Million Ninety Thousand Four Hundred Fifty -Five Dollars and no/100 ($1,090,455.00); authorizing the expenditure of funds therefor; providing for severability; and providing an effective date. BACKGROUND In March 2021, staff was directed to respond to a commercial listing for the subject parcel to determine the willingness to voluntarily sell the land to the City for possible use as park land. The property is being bought in conjunction with the adjacent property owned by Roger Davidson (DCAD #294138). Parks and Recreation interest in the property is for uses in connecting and expanding the existing Clear Creek Natural Area for the purposes of creating trails, wildlife habitat, tree preservation and future recreational programming. While this does not improve the 10 -Minute Walk scoring, it does combine the Clear Creek Natural Area to the property in which the new Mountain Bike Trail is located. Phase 1 and Phase 2 Environmental Assessments were completed to determine the extent if any hazardous material were present on the parcels due a recent history of dumping and debris storage. After the completion of the Phase 2, it was recommended to remediate the site by hauling the surface debris to a local landfill. In addition, selected area that did have affected soils should be excavated and transported to a Class 2 landfill, install a monitoring well for future testing of groundwater and complete an assessment report for TCEQ. Parks and Recreation staff anticipates this remediation to cost approximately $200,000 for all three parcels that are being considered. The fair market value resulting from a 2021 independent appraisal was indicated to be $1,650,000. A Phase I and Limited Phase II environmental study was conducted on the subject property and the agreed upon purchase price reflects a consideration for the City to clean up and remove debris located on the property. If a council member determines that he or she has a conflict of interest pursuant to the Ethics Ordinance, he or she may contact the City Attorney's Office to have a Recusal Form prepared prior to the consideration of this agenda item. 1282 OPTIONS 1. Approve proposed ordinance 2. Decline to approve proposed ordinance RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) N/A FISCAL INFORMATION The JD Edwards account number for the acquisition is 400333470 (Park Bond funds for acquisition). EXHIBITS 1 — Agenda Information Sheet 2 — Ordinance 3 — Location Map Respectfully submitted: Deanna Cody, Deputy Director Development Services -Real Estate 1283 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE EXECUTION OF A CONTRACT OF SALE BETWEEN THE CITY OF DENTON, AS BUYER, AND MICHAEL DAVIDSON AND PENNY DAVIDSON (REFERRED TO HEREIN AS "SELLER"), FOR THE PURCHASE OF A 71.034 ACRE TRACT OF LAND, MORE OR LESS, BEING SITUATED IN THE J. WEST SURVEY, LOCATED IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND KNOWN AS 5995 HARTLEE FIELD ROAD, FOR THE PURCHASE PRICE OF ONE MILLION NINETY THOUSAND FOUR HUNDRED FIFTY-FIVE DOLLARS AND NO/100 ($1,090,455.00); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the above -captioned tract, containing approximately 71.034 acres of land, located at 5995 Hartlee Field Road, and being more particularly described in Exhibit "A" to the Contract of Sale, attached hereto and made a part hereof for all purposes, (the "Property") may be put to public use and benefit; and WHEREAS, Seller has agreed to sell the Property to the City of Denton (the "City") for the total purchase price of One Million Ninety Thousand Four Hundred Fifty -Five Dollars and No/100 Cents ($1,090,455.00); and WHEREAS, the City Council hereby finds that the Contract of Sale between the City and Seller serves a municipal and public use and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The Interim City Manager, or designee, is authorized to: (a) execute a Contract of Sale between the City of Denton, as Buyer, and Michael Davidson and Penny Davidson, as Seller, for the purchase price of $1,090,455.00 and under the terms and conditions set forth in the attached Contract of Sale, and (b) execute any other documents necessary for closing of the transaction contemplated by the Contract. SECTION 3. The City Manager is further authorized to make expenditures as set forth in the Contract. SECTION 4. If any section, article, paragraph, sentence, phrase, clause, or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. 1284 The motion to approve this Ordinance was made by and seconded by The Ordinance was passed and approved by the following vote [ - 1: Aye Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of 52022. ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digi tally signed by therine CliRonon.com DN: dr-com, do=cityoEdenton, dc=codad, <u=Departmen[Users and Groups, .—! ou=General Governmen4 ou=Legal, IIV n=Catherine ClH[on, ail=Catherine.Glifton@cityofdent BY: Date: zozz.m.zo ta:m ao-osoo' GERARD HUDSPETH, MAYOR Page 2 1285 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 STATE OF TEXAS § COUNTY OF DENTON § CONTRACT OF SALE NOTICE YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. This Contract of Sale (the "Contract") is made this day of , 2022, effective as of the date of execution hereof by Buyer, as defined herein (the "Effective Date"), by and between Michael Davidson and Penny Davidson, (referred to herein collectively as "Seller") and the City of Denton, a Texas Home Rule Municipal Corporation of Denton County, Texas (referred to herein as "Buyer"). RECITALS WHEREAS, Seller owns that certain tract of land, being an approximately 71.034 acre tract of land in the J. Douthitt Survey, Abstract Number 329 and the J. West Survey Abstract Number 1331, Denton County, Texas as described on Exhibit "A," attached hereto and made a part hereof for all purposes, being located in Denton County, Texas (the "Land"); and WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller, the Land, together with any and all rights or interests of Seller in and to adjacent streets, alleys, and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances to the Land (collectively, the "Property"). ARTICLE I SALE OF PROPERTY For the consideration hereinafter set forth, and upon the terms, conditions, and provisions herein contained, and subject to the reservations herein, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the Property. Seller, subject to the limitation of such reservation made herein, shall reserve, for themselves, their heirs, devisees, successors, and assigns, all oil, gas, and other minerals in, on, and under and that may be produced from the Property. Seller, their heirs, devisees, successors, and assigns shall not have the right to use or access the surface of the Property, in any way, manner, or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas, and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any 1286 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas, and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas, and all associated hydrocarbons, and shall exclude (i) all substances that any reasonable extraction, mining, or other exploration and/or production method, operation, process, or procedure would consume, deplete, or destroy the surface of the Property; and (ii) all substances which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. It is understood that the Property, or a portion thereof, may be subject to an existing oil and gas lease and that such oil and gas lease, to the extent it is valid and subsisting, shall not be subject to such surface use prohibitions, to the extent provided by law. However, (i) such oil and gas lease shall be considered an Exception, as defined below; and (ii) nothing contained herein shall be deemed as recognizing the validity or subsistence of such lease and/or operate as a revivor thereof. ARTICLE II PURCHASE PRICE AND EARNEST MONEY 2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the sum of ONE MILLION NINETY THOUSAND FOUR HUNDRED FIFTY-FIVE and NO/100 Dollars ($1,090,455.00) (the "Purchase Price"). 2.02 Earnest Money. Buyer shall deposit the sum of TEN THOUSAND NINE HUNDRED FOUR and No/100 Dollars ($10,904.55), as Earnest Money (herein so called) with Title Resources, 525 S. Loop 288, Suite 125, Denton, TX 76205 (the "Title Company"), Keith Pierce as escrow agent, within fourteen (14) calendar days after the Effective Date hereof. All interest earned thereon shall become part of the Earnest Money and shall be applied or disposed of in the same manner as the original Earnest Money deposit, as provided in this Contract. If the purchase contemplated hereunder is consummated in accordance with the terms and the provisions hereof, the Earnest Money, together with all interest earned thereon, shall be applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the interest accrued thereon, shall be disposed of by the Title Company as provided in this Contract. 2 1287 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 ARTICLE III TITLE AND SURVEY 3.01 Title Commitment. (a) Within twenty (20) calendar days after the Effective Date, Seller shall cause to be furnished to Buyer, at Buyer's expense, a current Commitment for Title Insurance (the "Title Commitment") for the Property, issued by Title Company. The Title Commitment shall set forth the state of title to the Property, including a list of liens, mortgages, security interests, encumbrances, pledges, assignments, claims, charges, leases (surface, space, mineral, or otherwise), conditions, restrictions, options, severed mineral or royalty interests, conditional sales contracts, rights of first refusal, restrictive covenants, exceptions, easements (temporary or permanent), rights-of-way, encroachments, or any other outstanding claims, interests, estates, or equities of any nature (each of which are referred to herein as an "Exception"). (b) Along with the Title Commitment, Seller shall also cause to be delivered to Buyer, at Buyer's sole cost and expense, true and correct copies of all instruments that create or evidence Exceptions (the "Exception Documents"), including those described in the Title Commitment as exceptions to which the conveyance will be subject and/or which are required to be released or cured at or prior to Closing. 3.02 Survey. Within twenty (20) calendar days after the Effective Date, Seller shall cause to be prepared at Buyer's expense, a current on the ground survey of the Property (the "Survey"). The contents of the Survey shall be prepared by a surveyor selected by Buyer and shall include the matters prescribed by Buyer, which may include but not be limited to, a depiction of the location of all roads, streets, easements and rights of way, both on and adjoining the Property, water courses, 100 year flood plain, fences, improvements, and structures of any kind, and other matters provided in items 1-4, 6a, 7a, 8, 11,13,16, 18, and 19 of Table A of the ALTA Minimum Standard Detail Requirements. The Survey shall describe the size of the Property, in acres, and contain a metes and bounds description thereof. Seller shall furnish or cause to be furnished any affidavits, certificates, assurances, and/or resolutions as required by the Title Company in order to amend the survey exception as required by Section 3.05 below. The description of the Property as set forth in the Survey, at the Buyer's election, shall be used to describe the Property in the deed to convey the Property to Buyer and shall be the description set forth in the Title Policy. Notwithstanding the Survey of the Property, the Purchase Price for the Property, as prescribed by Section 2.01, above, shall not be adjusted in the event the Survey shall determine the Property to be either larger or smaller than that depicted in Exhibit "A," attached hereto. 3.03 Review of Title Commitment, Survey, and Exception Documents. Buyer shall have a period of fifteen (15) calendar days (the "Title Review Period") commencing with the day Buyer receives the last of the Title Commitment, the Survey, and the Exception Documents, in which to give written notice to Seller, specifying Buyer's objections to one or more of the items ("Objections"), if any. All items set forth in the Schedule C of the Title Commitment, and all other items set forth in the Title Commitment which are required to be released or otherwise satisfied at or prior to Closing, shall be deemed to be Objections without any action by Buyer. 3 1288 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall, within fifteen (15) calendar days after Seller is provided notice of Objections, either satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in writing of the Objections that Seller cannot or will not satisfy at Seller's expense. Notwithstanding the foregoing sentence, Seller shall, in any event, be obligated to cure those Objections or Exceptions that have been voluntarily placed on or against the Property by Seller after the Effective Date. If Seller fails or refuses to satisfy any Objections that Seller is not obligated to cure within the allowed fifteen (15) calendar day period, as may be extended by Buyer, in its sole discretion, then Buyer has the option of either: (a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller prior to Closing, in which event those Objections shall become Permitted Exceptions (herein so called), or (b) terminating this Contract by notice in writing prior to Closing and receiving back the Earnest Money, in which latter event Seller and Buyer shall have no further obligations, one to the other, with respect to the subject matter of this Contract. 3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a standard Texas Owner's Policy of Title Insurance ("Title Policy") to be furnished to Buyer. The Title Policy shall be issued by the Title Company, in the amount of the Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property, subject only to the Permitted Exceptions. The Title Policy may contain only the Permitted Exceptions and shall contain no other exceptions to title, with the standard printed or common exceptions amended or deleted as follows: (a) survey exception must be amended if required by Buyer to read "shortages in area" only (although Schedule C of the Title Commitment may condition amendment on the presentation of an acceptable survey and payment, to be borne solely by Buyer, of any required additional premium); (b) no exception will be permitted for "visible and apparent easements" or words to that effect (although reference may be made to any specific easement or use shown on the Survey, if a Permitted Exception); (c) no exception will be permitted for "rights of parties in possession", unless otherwise agreed by Buyer; and (d) no liens will be shown on Schedule B. Notwithstanding the enumeration of the stated exceptions, amendments, and/or deletions, Buyer may object to any Exception it deems material, in its sole discretion. 4 1289 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 ARTICLE IV FEASIBILITY REVIEW PERIOD 4.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion, during the period commencing with the Effective Date of this Contract and ending sixty (60) calendar days thereafter (the "Absolute Review Period"), based on such appraisals, tests, examinations, studies, investigations, and inspections of the Property the Buyer deems necessary or desirable, including but not limited to studies or inspections to determine the existence of any environmental hazards or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for Buyer's purposes. Buyer is granted the right to conduct engineering studies of the Property, and to conduct a physical inspection of the Property, including inspections that invade the surface and subsurface of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable, for any reason, for Buyer's intended use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as reasonably practicable, but in any event prior to the expiration of the Absolute Review Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor Seller shall have any further duties or obligations hereunder. In the event Buyer elects to terminate this Contract pursuant to the terms of this Article IV, Section 4.01, Buyer will provide to Seller, if requested by Seller, copies of (i) any and all non -confidential and non -privileged reports and studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey. ARTICLE V REPRESENTATIONS, WARRANTIES, COVENANTS, AND AGREEMENTS 5.01 Representations and Warranties of Seller. To induce Buyer to enter into this Contract and consummate the sale and purchase of the Property in accordance with the terms and provisions herewith, Seller represents and warrants to Buyer as of the Effective Date and as of the Closing Date, except where specific reference is made to another date, that: (a) The descriptive information concerning the Property set forth in this Contract is complete, accurate, true, and correct. (b) There are no adverse or other parties in possession of the Property or any part thereof, and no party has been granted any license, lease, or other right related to the use or possession of the Property, or any part thereof, except those described in the Leases, as defined in Article V, Section 5.02(a). (c) The Seller has good and marketable fee simple title to the Property, subject only to the Permitted Exceptions. (d) The Seller has the full right, power, and authority to sell and convey the Property as provided in this Contract and to carry out Seller's obligations hereunder. (e) The Seller has not received notice of, and has no other knowledge or information of, any 5 1290 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Property. (f) The Seller has paid all real estate and personal property taxes, assessments, excises, and levies that are presently due, if any, which are against or are related to the Property, or will be due as of the Closing, and the Property will be subject to no such liens. (g) Seller has contracted or entered into an agreement with a real estate broker which will result in real estate broker commissions or finder's fee or other fees payable to such real estate broker with respect to the transactions contemplated by this Contract and, therefore, at Closing Seller shall pay directly or shall pay out of the proceeds due to Seller hereunder at Closing any and all professional service fees, finder's fees and/or real estate broker commissions due under such agreement and any other agreements, oral or written, that may have been entered into by Seller with respect to the Property or the transactions contemplated by this Contract. (h) All Leases, as defined in Article V, Section 5.02(a), shall have expired or otherwise terminated, and any and all tenants or parties occupying the Property pursuant to the Leases shall have permanently abandoned and vacated the Property, including without limitation, all personal property of any such tenants or parties, on or before the date of Closing. (i) The Seller is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended. 5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as follows: (a) Within ten (10) calendar days after the Effective Date, Seller, at Seller's sole cost and expense, shall deliver to Buyer, with respect to the Property, true, correct, and complete copies of the following: (i) All lease agreements and/or occupancy agreements and/or licenses of any kind or nature (if oral, Seller shall provide to Buyer in writing all material terms thereof) relating to the possession of the Property, or any part thereof, including any and all modifications, supplements, and amendments thereto (the "Leases"). (b) From the Effective Date until the date of Closing or earlier termination of this Contract, Seller shall: (i) Not enter into any written or oral contract, lease, easement or right of way agreement, conveyance, or any other agreement of any kind with respect to, or affecting, the Property that will not be fully performed on or before the Closing or would be binding on Buyer or the Property after the date of Closing. (ii) Advise the Buyer promptly of any litigation, arbitration, or administrative 0 1291 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 hearing, or claims related thereto, concerning or affecting the Property. (iii) Not take, or omit to take, any action that would result in a violation of the representations, warranties, covenants, and agreements of Seller. (iv) Not sell, assign, lease, or convey any right, title, or interest whatsoever in or to the Property, or create, grant or permit to be attached or perfected, any lien, encumbrance, or charge thereon. (c) Seller shall indemnify and hold Buyer harmless, to the extent permitted by law, from all loss, liability, and expense, including, without limitation, reasonable attorneys' fees, arising or incurred as a result of any liens or claims resulting from labor or materials furnished to the Property under any written or oral contracts arising or entered into prior to Closing. (d) On or before Closing, Seller shall remove (i) any vehicles, including but not limited to cars, trucks, and boats, running or not that are located upon, or otherwise may be placed on the Property (the "Vehicles"), from the Property and dispose of same in accordance with all applicable statutes, regulations, rules, orders, and ordinances; and (ii) all personal property from the Property. It is expressly stipulated that (i) the Vehicles shall be deemed at all times the property of Seller; and (ii) Buyer may retain, destroy, or dispose of any property, of any kind or type, left or remaining on the Property at Closing (the "Abandoned Property"), without liability of any kind to Buyer and without payment of consideration of any kind to Seller. In the event Buyer shall elect to store said Abandoned Property, Buyer may store such Abandoned Property in the name, and at the expense, of Buyer. 5.02.A. Warranty of Buyer; Property Condition. Buyer represents and warrants to Seller that it has made, or will make prior to Closing, an independent inspection and evaluation of the Property and acknowledges that Seller has made no statements or representations concerning the present or future value of the Property, or the condition, including the environmental condition, of the Property. Except as otherwise specifically represented and warranted by Seller in this Contract, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, STATUTORY, OR IMPLIED, AS TO THE VALUE, QUALITY, QUANTITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY, AND/OR MATERIALS CONTAINED OR LOCATED IN, ON, OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, AND/OR MERCHANTABILITY OR FITNESS FOR PURPOSE OF ANY OF THE PROPERTY. Buyer further acknowledges that it has relied solely upon its independent evaluation and examination of the Property, public records relating to the Property, and the independent evaluations and studies based thereon. Seller makes no warranty or representation as to the accuracy, completeness, or usefulness of any information furnished to Buyer, if any, whether furnished by Seller or any third party. Seller assumes no 1292 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 liability for the accuracy, completeness, or usefulness of any material furnished by Seller, if any, and/or any other person or parry. Reliance on any material so furnished is expressly disclaimed by Buyer, and shall not give rise to any cause, claim, or action against Seller. 5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in this Contract, the representations, warranties, covenants, and agreements of Seller and Buyer contained in this Contract shall survive the Closing, and shall not, in any circumstance, be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(a). ARTICLE VI CONDITIONS PRECEDENT TO PERFORMANCE 6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under this Contract unless, within the designated time periods, all of the following shall have occurred: (a) Seller has performed, furnished, or caused to be furnished to Buyer all items required to be so performed or furnished under other sections of this Contract; and (b) Seller cures or Buyer waives in writing, within the time periods specified in Article III, all of Buyer's objections made in accordance with Article III. 6.02 Breach of Seller's Representations, Warranties, Covenants, and Agreements. Buyer is not obligated to perform under this Contract unless all representations, warranties, covenants, and agreements of Seller contained in this Contract are true and correct or have been performed, as applicable, as of the Closing Date, except where specific reference is made to another date. 6.03 Adverse Change. Buyer is not obligated to perform under this Contract if, on the date of Closing, any portion of the Property has been condemned by an entity other than Buyer, or is the subject of condemnation, eminent domain, or other material proceeding initiated by an entity other than Buyer, or the Property, or any part thereof, has been materially or adversely impaired in any manner. 6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer delivers notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined that the Property is unsuitable to or for Buyer's purposes. 6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive any of the conditions precedent to the performance of Buyer's obligations under this Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying the waived condition precedent. 6.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any of the conditions precedent to the performance of Buyer's obligations under this Contract have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving written notice to Seller, terminate this Contract. On Buyer's termination, the Earnest Money shall be immediately returned to Buyer by the Title Company. The Seller shall, on written request from Buyer, 8 1293 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 promptly issue the instructions necessary to instruct the Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise provided in this Contract, Buyer and Seller shall have no further obligations under this Contract, one to the other. ARTICLE VII CLOSING 7.01 Date and Place of Closing. The Closing (herein so called) shall take place in the offices of the Title Company and shall be accomplished through an escrow to be established with the Title Company, as escrowee. The Closing Date (herein sometimes called), shall be forty five (45) calendar days after the Effective Date, unless otherwise mutually agreed upon by Buyer and Seller. 7.02 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or the Title Company, at the expense of the party designated herein, the following items: (i) The Title Policy, in the form specified in Article III, Section 3.05; (ii) The Special Warranty Deed, substantially in the form as attached hereto as Exhibit `B," subject only to the Permitted Exceptions, if any, duly executed by Seller and acknowledged; and (iii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. (b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company, the following items: (i) The sum required by Article II, Section 2.01, less the Earnest Money in the form of a check, cashier's check, or other immediately available funds; and (ii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. 7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article VII, Section 7.03 shall survive the Closing. The following item shall be adjusted or prorated between Seller and Buyer with respect to the Property: (a) Ad valorem taxes relating to the Property for the calendar year in which the Closing shall occur shall be prorated and submitted by Seller to the Denton County Tax Assessor as of the Closing Date. Ad valorem tax for the calendar year in which the Closing shall occur shall be tendered under Texas Tax Code Section 26.11. If the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, 9 1294 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 the proration at Closing shall be based on the amount of taxes due and payable with respect to the Property for the preceding calendar year. Seller shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to the date of Closing) and Buyer shall pay for those taxes attributable to the period of time commencing with the Closing Date. 7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing. 7.05 Costs of Closing. Each party is responsible for paying the legal fees of its counsel, in negotiating, preparing, and closing the transaction contemplated by this Contract. Seller is responsible for paying fees, costs, and expenses identified herein as being the responsibility of Seller. Buyer is responsible for paying all other fees, costs, and expenses related to Closing. ARTICLE VIII DEFAULTS AND REMEDIES 8.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or more of the following events: (i) Any of Seller's warranties or representations contained in this Contract are untrue on the Closing Date; (ii) Seller fails to meet, comply with, or perform any covenant, agreement, condition precedent, or obligation on Seller's part required within the time limits and in the manner required in this Contract; or (iii) Seller fails to deliver at Closing the items specified in Article VII, Section 7.02(a) of this Contract for any reason other than a default by Buyer or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's remedies for the default, may, at Buyer's sole option, do any of the following: (i) Terminate this Contract by written notice delivered to Seller in which event the Buyer shall be entitled to a return of the Earnest Money, and Seller shall, promptly on written request from Buyer, execute and deliver any documents necessary to cause the Title Company to return to Buyer the Earnest Money; (ii) Enforce specific performance of this Contract against Seller, requiring Seller to convey the Property to Buyer subject to no liens, encumbrances, exceptions, and conditions other than those shown on the Title Commitment, whereupon Buyer shall waive title objections, if any, and accept such title without reduction in 10 1295 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 Purchase Price on account of title defects and shall be entitled to assert any rights for damages based on Seller's representations, warranties, and obligations that are not waived by Buyer by its acceptance of Seller's title; and (iii) Seek other recourse or relief as may be available to Buyer at or by law, equity, contract or otherwise. 8.02 Buyer's Default and Seller's Remedies. (a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver at Closing the items specified in Article VII, Section 7.02(b) of this Contract for any reason other than a default by Seller under this Contract or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole and exclusive remedy for the default, may, at Seller's sole option, do either one of the following: (i) Terminate this Contract by written notice delivered to Buyer in which event the Seller shall be entitled to a return of the Earnest Money, and Buyer shall, promptly on written request from Seller, execute and deliver any documents necessary to cause the Title Company to return to Seller the Earnest Money; or (ii) Enforce specific performance of this Contract against Buyer. ARTICLE IX MISCELLANEOUS 9.01 Notice. All notices, demands, requests, and other communications required hereunder shall be in writing, delivered, unless expressly provided otherwise in this Contract, by telephonic facsimile, by hand delivery, or by United States Mail, and shall be deemed to be delivered and received upon the earlier to occur of. (a) if provided by telephonic facsimile or hand delivery, the date provided, and (b) if provided by United State Mail, the date of the deposit in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: SELLER: Penny & Michael Davidson 5433 State Highway 160 Whitewright, Texas 75491 11 BUYER: Deanna Cody, Deputy Director Development Services - Real Estate 401 N. Elm St. Denton, Texas 76201 1296 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 Copies to: For Seller: Laura Brewer c/o Ebby Halliday, Realtors 2430 S. I35 E. #130 Denton, Texas 76205 For Buyer: Mack Reinwand, City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76201 Telecopy: (940) 382-7923 9.02 Governing Law and Venue. This Contract is being executed and delivered and is intended to be performed in the State of Texas, the laws of Texas governing the validity, construction, enforcement, and interpretation of this Contract. THIS CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN DENTON COUNTY, TEXAS. 9.03 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, related to the Property, and may be amended or supplemented only in writing executed by the party against whom enforcement is sought. 9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective devisees, heirs, successors, and assigns. If requested by Buyer, Seller agrees to execute, acknowledge, and record a memorandum of this Contract in the Real Property Records of Denton County, Texas, imparting notice of this Contract to the public. 9.05 Risk of Loss. If any damage to the Property shall occur prior to Closing, or if any condemnation or any eminent domain proceedings are threatened or initiated by an entity or party other than Buyer that might result in the taking of any portion of the Property, Buyer may, at Buyer's option, do any of the following: (a) Terminate this Contract and withdraw from this transaction without cost, obligation, or liability, in which case the Earnest Money shall be immediately returned to Buyer; or (b) Consummate this Contract, in which case Buyer, with respect to the Property, shall be entitled to receive (i) in the case of damage, all insurance proceeds, if any; and (ii) in the case of eminent domain, all proceeds paid for the Property related to the eminent domain proceedings. Buyer shall have ten (10) calendar days after receipt of written notification from Seller on the final settlement of all condemnation proceedings or insurance claims related to damage to the Property in which to make Buyer's election. In the event Buyer elects to close prior to such final settlement, then the Closing shall take place as provided in Article VII, above, and there shall be assigned by Seller to Buyer at Closing, in form and substance satisfactory to Buyer, all interests of Seller in and to any and all insurance 12 1297 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 proceeds or condemnation awards which may be payable to Seller on account of such event. In the event Buyer elects to close upon this Contract after final settlement, as described above, Closing shall be held five (5) business days after such final settlement. 9.06 Further Assurances. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed, and/or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute, and/or deliver, or cause to be performed, executed, and/or delivered at the Closing or after the Closing, any further deeds, acts, and assurances as are reasonably necessary to consummate the transactions contemplated hereby. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article IX, Section 9.06 shall survive Closing. 9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time is of the essence with respect to this Contract. 9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are incorporated in and made a part of this Contract for all purposes. 9.09 Delegation of Authority. Authority to take any actions that are to be, or may be, taken by Buyer under this Contract, including without limitation, adjustment of the Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of Denton, to Todd Hileman, City Manager of Buyer, or his designee. 9.10 Contract Execution. This Contract of Sale may be executed in any number of counterparts, all of which taken together shall constitute one and the same agreement, and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.11 Business Days. If the Closing Date or the day of performance required or permitted under this Contract falls on a Saturday, Sunday, or Denton County holiday, then the Closing Date or the date of such performance, as the case may be, shall be the next following regular business day. 13 1298 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 SELLER: DocuSigned ey: 1�1.[L�, �/Gtar�d.SDIn. BY: B723B87FCCCB429.. MICHAEL DAVIDSON 1/14/2022 DATE: DocuSigned by: qj VLL1�ld..so, BY; 8723 8 FCCCB429... PENNY DAVIDSON 1/14/2022 DATE: :1. . BY: SARA HENSLEY, INTERIM CITY MANAGER Executed by Buyer on the day of ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY ON:d llP signetl by Catberine Clifton DN:dc=com, do U'111fdenton,dc=codad, oou De attment Users and Groups, .`/ u=General Government, ou=Legal, �N mail= C. h1 Clifton, [berine.Clihon@ciryofdenton.com BY:Date: 3033.013018:01:4fi-0fi'00' 14 2022. THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED AS TO Financial and operational obligations and Business terms. Docuj}Signed by: A� C6A E9 � A42 GARY PACKAN, DIRECTOR Parks and Recreation Department Date: 1/14/2022 1299 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of an executed copy of this Contract. Title Company agrees to comply with, and be bound by, the terms and provisions of this Contract, to perform its duties pursuant to the provisions of this Contract, and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Title Resources 525 S. Loop 288, Suite 125 Denton, TX 76205 Direct: 940-293-0700 Fax: 940-898-0121 Printed Name: Title: Contract receipt date: , 20 15 1300 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 EXHIBIT "A" to Contract of Sale Legal Description BEING a 71.034 acre tract of land situated in the Jonathan Douthit Survey, Abstract No. 329 and the John West Survey, Abstract No. 1331, Denton County, Texas, and being part of that certain tract of land described in a Deed to Michael Davidson, as recorded in Document No. 2006-44628 of the Official Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with cap stamped "GEER 4117" found for corner in the West line of the above cited Michael Davidson tract, said point being the Northwest corner of that certain 6.000 acre tract of land described in a Deed to Moisony Jordan Flores, as recorded in Document No. 2021-21376 of the Official Records of Denton County, Texas, from which a 7 inch wooden fence corner post found for the Southwest corner of said Michael Davidson and Flores tract bears South 02°54'20" West a distance of 821.80 feet; THENCE North 02°54'20" East along the West line of said Michael Davidson tract, for a distance of 368.78 feet to a 1/2 inch iron rod with cap stamped "GEER 4117" found for the Southwest corner of that certain 6.000 acre tract of land described in a Deed to Roger Davidson, as recorded in Document No. 2006-39347 of the Official Records of Denton County, Texas; THENCE South 87°05'33" East along the South line of said Roger Davidson tract, for a distance of 465.98 feet to a 1/2 inch iron rod with cap stamped "GEER 4117" found for the Southeast corner of same; THENCE North 02°54'27" East along the East line of said Roger Davidson tract, for a distance of 560.86 feet to a 1/2 inch iron rod with illegible cap found for the Northeast corner of same; THENCE North 87°05'33" West along the North line of said Roger Davidson tract, for a distance of 466.00 feet to a 1/2 inch iron rod with cap stamped "GEER 4117" found for the Northwest corner of same, and being in the West line of said Michael Davidson tract; THENCE North 02°54'20" East along the West line of said Michael Davidson tract, for a distance of 888.57 feet to a 5/8 inch iron rod with cap stamped "TNP" set for the Northwest corner of same; THENCE South 84°29'44" East along the North line of said Michael Davidson tract, for a distance of 161.94 feet to a point in the approximate center of Clear Creek; THENCE along the meanders of Clear Creek as follows: South 41'35'05" West for a distance of 42.73 feet to a point; South 27°12'40" West for a distance of 88.88 feet to a point; South 25°25'42" East for a distance of 74.63 feet to a point; South 64°59'37" East for a distance of 57.88 feet to a point; South 89°59'57" East for a distance of 354.02 feet to a point; North 75034'30" East for a distance of 72.89 feet to a point; North 59°04'01" East for a distance of 74.81 feet to a point; North 49004'20" East for a distance of 104.00 feet to a point; North 54024'46" East for a distance of 33.27 feet to a point; North 66038'37" East for a distance of 164.34 feet to a point; South 49°44'46" East for a distance of 142.59 feet to a point; South 15°12'00" East for a distance of 270.00 feet to a point; South 32°21'26" East for a distance of 264.09 feet to a point; 16 1301 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 South 22°55'52" East for a distance of 486.40 feet to a point; South 41'1 T33" East for a distance of 129.95 feet to a point; South 23°40'27" East for a distance of 399.58 feet to a point; South 28°34'31" East for a distance of 359.12 feet to a point; South 16°12'01" East for a distance of 449.39 feet to a point for the most Easterly Southeast corner of said Michael Davidson tract and the Northeast corner of that certain 49.1 acre tract of land described as Tract No. 2 in a Deed to the City of Dallas, Texas, as recorded in Volume 214, Page 284 of the Deed Records of Denton County, Texas; THENCE North 89°09'25" West departing the approximate center of Clear Creek, along the South line of said Michael Davidson tract and the North line of said 49.1 acre tract, passing a 1/2 inch iron rod found for reference at a distance of 116.62 feet, and continuing along the South line of said Michael Davidson tract, the North line of said 49.1 acre tract and the North line of that certain 31.80 acre tract of land described in a Deed to the City of Denton, Texas, as recorded in Document No. 2010-127042 of the Official Records of Denton County, Texas, for a distance of 1355.60 feet to a 5/8 inch iron rod with cap stamped "TNP" set at the base of a broken 5 inch wooden fence corner post for an interior ell corner of said Michael Davidson Tract and the most Northerly Northwest corner of said 31.80 acre tract; THENCE South 03°13'37" West along the most Southerly East line of said Michael Davidson tract and the West line of said 31.80 acre tract, for a distance of 419.04 feet to a 12 inch hackberry tree found for the most Southerly Southeast corner of said Michael Davidson tract and an interior ell corner of said 31.80 acre tract, from which a 5/8 inch iron rod with cap stamped "TNP" set for reference bears North 89°35'23" West a distance of 3.00 feet; THENCE North 89°35'23" West along the South line of said Michael Davidson tract, passing a 1/2 inch iron rod with illegible cap found for the most Westerly Northwest corner of said 31.80 acre tract at a distance of 127.07 feet, and continuing along the South line of said Michael Davidson tract, for a total distance of 412.57 feet to a 1/2 inch iron rod with cap stamped "GEER 4117" found for the Southeast corner of the above cited Flores tract, from which a 7 inch wooden fence corner post found for the Southwest corner of said Flores tract and Michael Davidson tract bears North 89°35'23" West a distance of 318.02 feet; THENCE North 02°55'18" East along the East line of said Flores tract, for a distance of 822.05 feet to a 5/8 inch iron rod with cap stamped "TNP" set for the Northeast corner of same; THENCE North 89°37'58" West along the North line of said Flores tract, for a distance of 318.26 feet to the POINT OF BEGINNING, and containing 71.034 acres of land, more or less. �acu5igned by: GacuSigned by: U&" PakkjS6V, IF B723687FCCC6429... B72CCC B429... 1/14/2022 1/14/2022 17 1302 I MMM eR av E 1i ii5s$�}g �'Y �aj i Yp p�•� g; ppi�! !19 + yy� v .14S i p�5} �Sr s ag i z Q IV Cn iiia MMM li}j�i�jlj11111ii1I-Ft$EA HIS i 4 i $gP i C77;gCy8.SS88Y8�8^If F� a9 ; 1! I I S ¢ C Y! n� C $� S1 a ��3 � innn......snaa`snza p!•. � I.=# 3 ] t �� 1133:gsr3,33itys51J3� �dij�f3 ��!g � g& z Wg i��ri` �� -`AaissYx$k���:.s96t rx �i CL 9 L`,Y �sE _RR / #E6 III �➢g° �e i- ~se€ii �• ------ a av E � y W $ 3 E C v .14S �Sr li}j�i�jlj11111ii1I-Ft$EA HIS i 4 i $gP i C77;gCy8.SS88Y8�8^If F� a9 ; 1! I I S ¢ C Y! n� C $� S1 a ��3 � innn......snaa`snza p!•. � I.=# 3 ] t �� 1133:gsr3,33itys51J3� �dij�f3 ��!g � g& z Wg i��ri` �� -`AaissYx$k���:.s96t rx �i CL 9 L`,Y �sE _RR / #E6 III �➢g° �e i- ~se€ii �• ------ 1303 a ig�a �Sr IV Cn iiia rp9 muv� as 1� ¢; e9A i t Y 6 E IRI: — rp 1303 ig�a �Sr rp9 muv� as 1303 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 EXHIBIT "B" TO CONTRACT OF SALE NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Michael Davidson and Penny Davidson (herein called "Grantor"), whose address is 5433 State Highway 160, Whitewright, Texas 75491, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the City of Denton, a Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly described on Exhibit "A," attached hereto and made a part hereof for all purposes, and being located in Denton County, Texas, together with any and all rights or interests of Grantor in and to adjacent streets, alleys, and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property"). Grantor, subject to the limitation of such reservation made herein, reserves, for itself, its heirs, devisees, successors, and assigns all oil, gas, and other minerals in, on, and under and that may be produced from the Property. Grantor, its heirs, devisees, successors, and assigns shall not have the right to use or access the surface of the Property, in any way, manner, or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas, and other minerals reserved herein, including 18 1304 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas, and other minerals, and/or related to the exploration or production of same. As used herein, the term "other minerals" shall include oil, gas, and all associated hydrocarbons and shall exclude (i) all substances that any reasonable extraction, mining, or other exploration and/or production method, operation, process, or procedure would consume, deplete, or destroy the surface of the Property; and (ii) all substances which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "other minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. Grantor hereby assigns to Grantee, without recourse or representation, any and all claims and causes of action that Grantor may have for or related to any defects in, or injury to, the Property. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise. EXECUTED the day of , 2022. 19 1305 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 BY: Michael Davidson BY: Penny Davidson ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on on behalf of Notary Public, State of Texas My commission expires: ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on on behalf of Upon Filing Return To: City of Denton Real Estate Division 401 N. Elm Street Denton, TX 76201 Attn: DeAnna Cody Real Estate Division 20 20_ by Notary Public, State of Texas My commission expires: 20_ by Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 1306 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 EXHIBIT "A" BEING a 71.034 acre tract of land situated in the Jonathan Douthit Survey, Abstract No. 329 and the John West Survey, Abstract No. 1331, Denton County, Texas, and being part of that certain tract of land described in a Deed to Michael Davidson, as recorded in Document No. 2006-44628 of the Official Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with cap stamped "GEER 4117" found for corner in the West line of the above cited Michael Davidson tract, said point being the Northwest corner of that certain 6.000 acre tract of land described in a Deed to Moisony Jordan Flores, as recorded in Document No. 2021-21376 of the Official Records of Denton County, Texas, from which a 7 inch wooden fence corner post found for the Southwest corner of said Michael Davidson and Flores tract bears South 02°54'20" West a distance of 821.80 feet; THENCE North 02°54'20" East along the West line of said Michael Davidson tract, for a distance of 368.78 feet to a 1/2 inch iron rod with cap stamped "GEER 4117" found for the Southwest corner of that certain 6.000 acre tract of land described in a Deed to Roger Davidson, as recorded in Document No. 2006-39347 of the Official Records of Denton County, Texas; THENCE South 87°05'33" East along the South line of said Roger Davidson tract, for a distance of 465.98 feet to a 1/2 inch iron rod with cap stamped "GEER 4117" found for the Southeast corner of same; THENCE North 02°54'27" East along the East line of said Roger Davidson tract, for a distance of 560.86 feet to a 1/2 inch iron rod with illegible cap found for the Northeast corner of same; THENCE North 87°05'33" West along the North line of said Roger Davidson tract, for a distance of 466.00 feet to a 1/2 inch iron rod with cap stamped "GEER 4117" found for the Northwest corner of same, and being in the West line of said Michael Davidson tract; THENCE North 02°54'20" East along the West line of said Michael Davidson tract, for a distance of 888.57 feet to a 5/8 inch iron rod with cap stamped "TNP" set for the Northwest corner of same; THENCE South 84°29'44" East along the North line of said Michael Davidson tract, for a distance of 161.94 feet to a point in the approximate center of Clear Creek; THENCE along the meanders of Clear Creek as follows: South 41'35'05" West for a distance of 42.73 feet to a point; South 27°12'40" West for a distance of 88.88 feet to a point; South 25°25'42" East for a distance of 74.63 feet to a point; South 64°59'37" East for a distance of 57.88 feet to a point; South 89°59'57" East for a distance of 354.02 feet to a point; North 75°34'30" East for a distance of 72.89 feet to a point; North 59°04'01" East for a distance of 74.81 feet to a point; North 49004'20" East for a distance of 104.00 feet to a point; North 54024'46" East for a distance of 33.27 feet to a point; North 66038'37" East for a distance of 164.34 feet to a point; South 49°44'46" East for a distance of 142.59 feet to a point; South 15°12'00" East for a distance of 270.00 feet to a point; South 32°21'26" East for a distance of 264.09 feet to a point; South 22°55'52" East for a distance of 486.40 feet to a point; South 41 °17'33" East for a distance of 129.95 feet to a point; South 23°40'27" East for a distance of 399.58 feet to a point; South 28°34'31" East for a distance of 359.12 feet to a point; South 16°12'01" East for a distance of 449.39 feet to a point for the most Easterly Southeast corner of said Michael Davidson tract and the Northeast corner of that certain 49.1 acre tract of 21 1307 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 land described as Tract No. 2 in a Deed to the City of Dallas, Texas, as recorded in Volume 214, Page 284 of the Deed Records of Denton County, Texas; THENCE North 89°09'25" West departing the approximate center of Clear Creek, along the South line of said Michael Davidson tract and the North line of said 49.1 acre tract, passing a 1/2 inch iron rod found for reference at a distance of 116.62 feet, and continuing along the South line of said Michael Davidson tract, the North line of said 49.1 acre tract and the North line of that certain 31.80 acre tract of land described in a Deed to the City of Denton, Texas, as recorded in Document No. 2010-127042 of the Official Records of Denton County, Texas, for a distance of 1355.60 feet to a 5/8 inch iron rod with cap stamped "TNP" set at the base of a broken 5 inch wooden fence corner post for an interior ell corner of said Michael Davidson Tract and the most Northerly Northwest corner of said 31.80 acre tract; THENCE South 03°13'37" West along the most Southerly East line of said Michael Davidson tract and the West line of said 31.80 acre tract, for a distance of 419.04 feet to a 12 inch hackberry tree found for the most Southerly Southeast corner of said Michael Davidson tract and an interior ell corner of said 31.80 acre tract, from which a 5/8 inch iron rod with cap stamped "TNP" set for reference bears North 89°35'23" West a distance of 3.00 feet; THENCE North 89°35'23" West along the South line of said Michael Davidson tract, passing a 1/2 inch iron rod with illegible cap found for the most Westerly Northwest corner of said 31.80 acre tract at a distance of 127.07 feet, and continuing along the South line of said Michael Davidson tract, for a total distance of 412.57 feet to a 1/2 inch iron rod with cap stamped "GEER 4117" found for the Southeast corner of the above cited Flores tract, from which a 7 inch wooden fence corner post found for the Southwest corner of said Flores tract and Michael Davidson tract bears North 89°35'23" West a distance of 318.02 feet; THENCE North 02°55'18" East along the East line of said Flores tract, for a distance of 822.05 feet to a 5/8 inch iron rod with cap stamped "TNP" set for the Northeast corner of same; THENCE North 89°37'58" West along the North line of said Flores tract, for a distance of 318.26 feet to the POINT OF BEGINNING, and containing 71.034 acres of land, more or less. 1�acu5igned by: h6vu 1/14/2022 EDocuSigned by: VakkjSbin. B72CCCB429... 1/14/2022 22 1308 I eR av E 15, E 1i ii5s$2}g �'Y � flo Yp p�•� g; ppi�! !19 + yy� v .14S i p�5} CL j.Y b tl i z Q � e�I lii� eI I � Pq f r�I li4 I 5 a ``hyy muv� as I QIE; eR av ¢1 15, E 1i ii5s$2}g �'Y �aj i Yp p�•� g; ppi�! !19 + yy� v .14S i p�5} CL j.Y a5� _ RR #E6 III s ag i z Q �➢g° €V Cn lii� QIE; li}j�i�jljllllliill-Ft$EA HIS i 4 i $gP i C77;g�y8•SS$SY888^If F� a9 ; 1! I I S ¢ C Y! n� C $� S1 a ��3 � innn......snaa`.... pig I" I.= 3 1 { IIyIiysll Itis i I*F& @ � 3¢ iI �pg a � z ..R_ ..�,...533,�i�� IRy e E� � 2 Win 11g I F i sF� `I � -`AaissYx$k���:.s96e �I�S � E� �� I Q av ¢1 15, E � y W $ 3 E C v .14S CL j.Y a5� _ RR #E6 III li}j�i�jljllllliill-Ft$EA HIS i 4 i $gP i C77;g�y8•SS$SY888^If F� a9 ; 1! I I S ¢ C Y! n� C $� S1 a ��3 � innn......snaa`.... pig I" I.= 3 1 { IIyIiysll Itis i I*F& @ � 3¢ iI �pg a � z ..R_ ..�,...533,�i�� IRy e E� � 2 Win 11g I F i sF� `I � -`AaissYx$k���:.s96e �I�S � E� �� I i Q Ie¢:i ¢1 15, ti ff uq CL j.Y a5� _ RR #E6 III T c �➢g° €V Cn lii� /I r�I li4 i Q Ie¢:i ¢1 - - - �ar €V Cn lii� /I r�I li4 muv� as 1� e9A t Y 6 E IRI: — rp 1309 �ar /I r�I li4 muv� as 1309 Location Map l hC SS b ct Property A \ I II I 11 I 1 I i I � City of Denton Property j i 4 I I I I z I w E Proposed PARD Acquisition: 5995 Hartlee Field Rd. CITY Michael Davidson Tract - 71.034 acres s a 260 520 1,040 OF DENTON Feet 1310 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-014, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton authorizing the execution a contract of sale between the City of Denton, as buyer, and Roger Davidson (referred to herein as "Seller"), for the purchase of a 6 acre tract of land, more or less, being situated in the J. West Survey, located in the City of Denton, Denton County, Texas, and known as 6151 Hardee Field Road, for the purchase price of One Hundred Two Thousand Dollars and no/100 ($102,000.00); authorizing the expenditure of funds therefor; providing for severability; and providing an effective date. City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legista 1311 DENTON City of Denton AGENDA INFORMATION SHEET FILE ID 22-014 DEPARTMENT: Real Estate CM/ACM: David Gaines DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton authorizing the execution a contract of sale between the City of Denton, as buyer, and Roger Davidson (referred to herein as "Seller"), for the purchase of a 6 acre tract of land, more or less, being situated in the J. West Survey, located in the City of Denton, Denton County, Texas, and known as 6151 Hardee Field Road, for the purchase price of One Hundred Two Thousand Dollars and no/100 ($102,000.00); authorizing the expenditure of funds therefor; providing for severability; and providing an effective date. BACKGROUND In March 2021, staff was directed to respond to a commercial listing for the subject parcel to determine the willingness to voluntarily sell the land to the City for possible use as park land. The property is being bought in conjunction with the adjacent property owned by Michael Davidson and Penny Davidson (DCAD #36560 and 36514). Parks and Recreation interest in the property is for uses in connecting and expanding the existing Clear Creek Natural Area for the purposes of creating trails, wildlife habitat, tree preservation and future recreational programming. While this does not improve the 10 -Minute Walk scoring, it does combine the Clear Creek Natural Area to the property in which the new Mountain Bike Trail is located. Phase I and Phase 2 Environmental Assessments were completed to determine the extent if any hazardous material were present on the parcels due a recent history of dumping and debris storage. After the completion of the Phase 2, it was recommended to remediate the site by hauling the surface debris to a local landfill. In addition, selected area that did have affected soils should be excavated and transported to a Class 2 landfill, install a monitoring well for future testing of groundwater and complete an assessment report for TCEQ. Parks and Recreation staff anticipates this remediation to cost approximately $200,000 for all three parcels that are being considered. The fair market value resulting from a 2021 independent appraisal was indicated to be $210,000. A Phase I and Limited Phase II environmental study was conducted on the subject property and the agreed upon purchase price reflects a consideration for the City to clean up and remove debris located on the property. If a council member determines that he or she has a conflict of interest pursuant to the Ethics Ordinance, he or she may contact the City Attorney's Office to have a Recusal Form prepared prior to the consideration of this agenda item. 1312 OPTIONS 1. Approve proposed ordinance 2. Decline to approve proposed ordinance RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) N/A FISCAL INFORMATION The JD Edwards account number for the acquisition is 400333470 (Park Bond funds for acquisition) EXHIBITS 1 — Agenda Information Sheet 2 — Ordinance 3 — Location Map Respectfully submitted: Deanna Cody, Deputy Director Development Services -Real Estate 1313 ORDINANCE NO. 22-014 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE EXECUTION OF A CONTRACT OF SALE BETWEEN THE CITY OF DENTON, AS BUYER, AND ROGER DAVIDSON (REFERRED TO HEREIN AS "SELLER"), FOR THE PURCHASE OF A 6 ACRE TRACT OF LAND, MORE OR LESS, BEING SITUATED IN THE J. WEST SURVEY, LOCATED IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND KNOWN AS 6151 HARTLEE FIELD ROAD, FOR THE PURCHASE PRICE OF ONE HUNDRED TWO THOUSAND DOLLARS AND NO/100 ($102,000.00); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the above -captioned tract, containing approximately 6 acres of land, located at 6151 Hartlee Field Road, and being more particularly described in Exhibit "A" to the Contract of Sale, attached hereto and made a part hereof for all purposes, (the "Property") may be put to public use and benefit; and WHEREAS, Seller has agreed to sell the Property to the City of Denton (the "City") for the total purchase price of One Hundred Two Thousand Dollars and NO/ 100 Cents ($102,000.00); and WHEREAS, the City Council hereby finds that the Contract of Sale between the City and Seller serves a municipal and public use and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The Interim City Manager, or designee, is authorized to: (a) execute a Contract of Sale between the City of Denton, as Buyer, and Roger Davidson, as Seller, for the purchase price of $102,000.00 and under the terms and conditions set forth in the attached Contract of Sale, and (b) execute any other documents necessary for closing of the transaction contemplated by the Contract. SECTION 3. The City Manager is further authorized to make expenditures as set forth in the Contract. SECTION 4. If any section, article, paragraph, sentence, phrase, clause, or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. 1314 The motion to approve this Ordinance was made by and seconded by The Ordinance was passed and approved by the following vote [ - 1: Aye Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of 92022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY WM APPROVED AS TO LEGAL FORM: MA( :• Page 2 1315 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 STATE OF TEXAS COUNTY OF DENTON CONTRACT OF SALE NOTICE YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. This Contract of Sale (the "Contract") is made this day of , 2022, effective as of the date of execution hereof by Buyer, as defined herein (the "Effective Date"), by and between Roger Davidson, (referred to herein collectively as "Seller") and the City of Denton, a Texas Home Rule Municipal Corporation of Denton County, Texas (referred to herein as "Buyer"). RECITALS WHEREAS, Seller owns that certain tract of land, being an approximately 6.00 acre tract of land in the J. Douthitt Survey, Abstract Number 329 and the J. West Survey Abstract Number 1331, Denton County, Texas as described on Exhibit "A," attached hereto and made a part hereof for all purposes, being located in Denton County, Texas (the "Land"); and WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller, the Land, together with any and all rights or interests of Seller in and to adjacent streets, alleys, and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances to the Land (collectively, the "Property"). ARTICLE I SALE OF PROPERTY For the consideration hereinafter set forth, and upon the terms, conditions, and provisions herein contained, and subject to the reservations herein, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the Property. Seller, subject to the limitation of such reservation made herein, shall reserve, for themselves, their heirs, devisees, successors, and assigns, all oil, gas, and other minerals in, on, and under and that may be produced from the Property. Seller, their heirs, devisees, successors, and assigns shall not have the right to use or access the surface of the Property, in any way, manner, or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas, and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any 1316 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas, and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas, and all associated hydrocarbons, and shall exclude (i) all substances that any reasonable extraction, mining, or other exploration and/or production method, operation, process, or procedure would consume, deplete, or destroy the surface of the Property; and (ii) all substances which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. It is understood that the Property, or a portion thereof, may be subject to an existing oil and gas lease and that such oil and gas lease, to the extent it is valid and subsisting, shall not be subject to such surface use prohibitions, to the extent provided by law. However, (i) such oil and gas lease shall be considered an Exception, as defined below; and (ii) nothing contained herein shall be deemed as recognizing the validity or subsistence of such lease and/or operate as a revivor thereof. ARTICLE II PURCHASE PRICE AND EARNEST MONEY 2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the sum of ONE HUNDRED TWO THOUSAND and NO/100 Dollars ($102,000.00) (the "Purchase Price"). 2.02 Earnest Money. Buyer shall deposit the sum of ONE THOUSAND TWENTY and No/100 Dollars ($1,020.00), as Earnest Money (herein so called) with Title Resources, 525 S. Loop 288, Suite 125, Denton, TX 76205 (the "Title Company"), Keith Pierce, as escrow agent, within fourteen (14) calendar days after the Effective Date hereof. All interest earned thereon shall become part of the Earnest Money and shall be applied or disposed of in the same manner as the original Earnest Money deposit, as provided in this Contract. If the purchase contemplated hereunder is consummated in accordance with the terms and the provisions hereof, the Earnest Money, together with all interest earned thereon, shall be applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the interest accrued thereon, shall be disposed of by the Title Company as provided in this Contract. 2 1317 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 ARTICLE III TITLE AND SURVEY 3.01 Title Commitment. (a) Within twenty (20) calendar days after the Effective Date, Seller shall cause to be furnished to Buyer, at Buyer's expense, a current Commitment for Title Insurance (the "Title Commitment") for the Property, issued by Title Company. The Title Commitment shall set forth the state of title to the Property, including a list of liens, mortgages, security interests, encumbrances, pledges, assignments, claims, charges, leases (surface, space, mineral, or otherwise), conditions, restrictions, options, severed mineral or royalty interests, conditional sales contracts, rights of first refusal, restrictive covenants, exceptions, easements (temporary or permanent), rights-of-way, encroachments, or any other outstanding claims, interests, estates, or equities of any nature (each of which are referred to herein as an "Exception"). (b) Along with the Title Commitment, Seller shall also cause to be delivered to Buyer, at Buyer's sole cost and expense, true and correct copies of all instruments that create or evidence Exceptions (the "Exception Documents"), including those described in the Title Commitment as exceptions to which the conveyance will be subject and/or which are required to be released or cured at or prior to Closing. 3.02 Survey. Within twenty (20) calendar days after the Effective Date, Seller shall cause to be prepared at Buyer's expense, a current on the ground survey of the Property (the "Survey"). The contents of the Survey shall be prepared by a surveyor selected by Buyer and shall include the matters prescribed by Buyer, which may include but not be limited to, a depiction of the location of all roads, streets, easements and rights of way, both on and adjoining the Property, water courses, 100 year flood plain, fences, improvements, and structures of any kind, and other matters provided in items 1-4, 6a, 7a, 8, 11,13,16, 18, and 19 of Table A of the ALTA Minimum Standard Detail Requirements. The Survey shall describe the size of the Property, in acres, and contain a metes and bounds description thereof. Seller shall furnish or cause to be furnished any affidavits, certificates, assurances, and/or resolutions as required by the Title Company in order to amend the survey exception as required by Section 3.05 below. The description of the Property as set forth in the Survey, at the Buyer's election, shall be used to describe the Property in the deed to convey the Property to Buyer and shall be the description set forth in the Title Policy. Notwithstanding the Survey of the Property, the Purchase Price for the Property, as prescribed by Section 2.01, above, shall not be adjusted in the event the Survey shall determine the Property to be either larger or smaller than that depicted in Exhibit "A," attached hereto. 3.03 Review of Title Commitment, Survey, and Exception Documents. Buyer shall have a period of fifteen (15) calendar days (the "Title Review Period") commencing with the day Buyer receives the last of the Title Commitment, the Survey, and the Exception Documents, in which to give written notice to Seller, specifying Buyer's objections to one or more of the items ("Objections"), if any. All items set forth in the Schedule C of the Title Commitment, and all other items set forth in the Title Commitment which are required to be released or otherwise satisfied at or prior to Closing, shall be deemed to be Objections without any action by Buyer. 3 1318 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall, within fifteen (15) calendar days after Seller is provided notice of Objections, either satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in writing of the Objections that Seller cannot or will not satisfy at Seller's expense. Notwithstanding the foregoing sentence, Seller shall, in any event, be obligated to cure those Objections or Exceptions that have been voluntarily placed on or against the Property by Seller after the Effective Date. If Seller fails or refuses to satisfy any Objections that Seller is not obligated to cure within the allowed fifteen (15) calendar day period, as may be extended by Buyer, in its sole discretion, then Buyer has the option of either: (a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller prior to Closing, in which event those Objections shall become Permitted Exceptions (herein so called), or (b) terminating this Contract by notice in writing prior to Closing and receiving back the Earnest Money, in which latter event Seller and Buyer shall have no further obligations, one to the other, with respect to the subject matter of this Contract. 3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a standard Texas Owner's Policy of Title Insurance ("Title Policy") to be furnished to Buyer. The Title Policy shall be issued by the Title Company, in the amount of the Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property, subject only to the Permitted Exceptions. The Title Policy may contain only the Permitted Exceptions and shall contain no other exceptions to title, with the standard printed or common exceptions amended or deleted as follows: (a) survey exception must be amended if required by Buyer to read "shortages in area" only (although Schedule C of the Title Commitment may condition amendment on the presentation of an acceptable survey and payment, to be borne solely by Buyer, of any required additional premium); (b) no exception will be permitted for "visible and apparent easements" or words to that effect (although reference may be made to any specific easement or use shown on the Survey, if a Permitted Exception); (c) no exception will be permitted for "rights of parties in possession", unless otherwise agreed by Buyer; and (d) no liens will be shown on Schedule B. Notwithstanding the enumeration of the stated exceptions, amendments, and/or deletions, Buyer may object to any Exception it deems material, in its sole discretion. 4 1319 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 ARTICLE IV FEASIBILITY REVIEW PERIOD 4.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion, during the period commencing with the Effective Date of this Contract and ending sixty (60) calendar days thereafter (the "Absolute Review Period"), based on such appraisals, tests, examinations, studies, investigations, and inspections of the Property the Buyer deems necessary or desirable, including but not limited to studies or inspections to determine the existence of any environmental hazards or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for Buyer's purposes. Buyer is granted the right to conduct engineering studies of the Property, and to conduct a physical inspection of the Property, including inspections that invade the surface and subsurface of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable, for any reason, for Buyer's intended use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as reasonably practicable, but in any event prior to the expiration of the Absolute Review Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor Seller shall have any further duties or obligations hereunder. In the event Buyer elects to terminate this Contract pursuant to the terms of this Article IV, Section 4.01, Buyer will provide to Seller, if requested by Seller, copies of (i) any and all non -confidential and non -privileged reports and studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey. ARTICLE V REPRESENTATIONS, WARRANTIES, COVENANTS, AND AGREEMENTS 5.01 Representations and Warranties of Seller. To induce Buyer to enter into this Contract and consummate the sale and purchase of the Property in accordance with the terms and provisions herewith, Seller represents and warrants to Buyer as of the Effective Date and as of the Closing Date, except where specific reference is made to another date, that: (a) The descriptive information concerning the Property set forth in this Contract is complete, accurate, true, and correct. (b) There are no adverse or other parties in possession of the Property or any part thereof, and no party has been granted any license, lease, or other right related to the use or possession of the Property, or any part thereof, except those described in the Leases, as defined in Article V, Section 5.02(a). (c) The Seller has good and marketable fee simple title to the Property, subject only to the Permitted Exceptions. (d) The Seller has the full right, power, and authority to sell and convey the Property as provided in this Contract and to carry out Seller's obligations hereunder. (e) The Seller has not received notice of, and has no other knowledge or information of, any 5 1320 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Property. (f) The Seller has paid all real estate and personal property taxes, assessments, excises, and levies that are presently due, if any, which are against or are related to the Property, or will be due as of the Closing, and the Property will be subject to no such liens. (g) Seller has contracted or entered into an agreement with a real estate broker which will result in real estate broker commissions or finder's fee or other fees payable to such real estate broker with respect to the transactions contemplated by this Contract and, therefore, at Closing Seller shall pay directly or shall pay out of the proceeds due to Seller hereunder at Closing any and all professional service fees, finder's fees and/or real estate broker commissions due under such agreement and any other agreements, oral or written, that may have been entered into by Seller with respect to the Property or the transactions contemplated by this Contract. (h) All Leases, as defined in Article V, Section 5.02(a), shall have expired or otherwise terminated, and any and all tenants or parties occupying the Property pursuant to the Leases shall have permanently abandoned and vacated the Property, including without limitation, all personal property of any such tenants or parties, on or before the date of Closing. (i) The Seller is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended. 5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as follows: (a) Within ten (10) calendar days after the Effective Date, Seller, at Seller's sole cost and expense, shall deliver to Buyer, with respect to the Property, true, correct, and complete copies of the following: (i) All lease agreements and/or occupancy agreements and/or licenses of any kind or nature (if oral, Seller shall provide to Buyer in writing all material terms thereof) relating to the possession of the Property, or any part thereof, including any and all modifications, supplements, and amendments thereto (the "Leases"). (b) From the Effective Date until the date of Closing or earlier termination of this Contract, Seller shall: (i) Not enter into any written or oral contract, lease, easement or right of way agreement, conveyance, or any other agreement of any kind with respect to, or affecting, the Property that will not be fully performed on or before the Closing or would be binding on Buyer or the Property after the date of Closing. (ii) Advise the Buyer promptly of any litigation, arbitration, or administrative 0 1321 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 hearing, or claims related thereto, concerning or affecting the Property. (iii) Not take, or omit to take, any action that would result in a violation of the representations, warranties, covenants, and agreements of Seller. (iv) Not sell, assign, lease, or convey any right, title, or interest whatsoever in or to the Property, or create, grant or permit to be attached or perfected, any lien, encumbrance, or charge thereon. (c) Seller shall indemnify and hold Buyer harmless, to the extent permitted by law, from all loss, liability, and expense, including, without limitation, reasonable attorneys' fees, arising or incurred as a result of any liens or claims resulting from labor or materials furnished to the Property under any written or oral contracts arising or entered into prior to Closing. (d) On or before Closing, Seller shall remove (i) any vehicles, including but not limited to cars, trucks, and boats, running or not that are located upon, or otherwise may be placed on the Property (the "Waste Material"), from the Property and dispose of same in accordance with all applicable statutes, regulations, rules, orders, and ordinances; and (ii) all personal property from the Property. It is expressly stipulated that (i) the Vehicles shall be deemed at all times the property of Seller; and (ii) Buyer may retain, destroy, or dispose of any property, of any kind or type, left or remaining on the Property at Closing (the "Abandoned Property"), without liability of any kind to Buyer and without payment of consideration of any kind to Seller. In the event Buyer shall elect to store said Abandoned Property, Buyer may store such Abandoned Property in the name, and at the expense, of Buyer. 5.02.A. Warranty of Buyer; Property Condition. Buyer represents and warrants to Seller that it has made, or will make prior to Closing, an independent inspection and evaluation of the Property and acknowledges that Seller has made no statements or representations concerning the present or future value of the Property, or the condition, including the environmental condition, of the Property. Except as otherwise specifically represented and warranted by Seller in this Contract, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, STATUTORY, OR IMPLIED, AS TO THE VALUE, QUALITY, QUANTITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY, AND/OR MATERIALS CONTAINED OR LOCATED IN, ON, OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, AND/OR MERCHANTABILITY OR FITNESS FOR PURPOSE OF ANY OF THE PROPERTY. Buyer further acknowledges that it has relied solely upon its independent evaluation and examination of the Property, public records relating to the Property, and the independent evaluations and studies based thereon. Seller makes no warranty or representation as to the accuracy, completeness, or usefulness of any information furnished to Buyer, if any, whether furnished by Seller or any third party. Seller assumes no 1322 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 liability for the accuracy, completeness, or usefulness of any material furnished by Seller, if any, and/or any other person or party. Reliance on any material so furnished is expressly disclaimed by Buyer, and shall not give rise to any cause, claim, or action against Seller. 5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in this Contract, the representations, warranties, covenants, and agreements of Seller and Buyer contained in this Contract shall survive the Closing, and shall not, in any circumstance, be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(a). ARTICLE VI CONDITIONS PRECEDENT TO PERFORMANCE 6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under this Contract unless, within the designated time periods, all of the following shall have occurred: (a) Seller has performed, furnished, or caused to be furnished to Buyer all items required to be so performed or furnished under other sections of this Contract; and (b) Seller cures or Buyer waives in writing, within the time periods specified in Article III, all of Buyer's objections made in accordance with Article III. 6.02 Breach of Seller's Representations, Warranties, Covenants, and Agreements. Buyer is not obligated to perform under this Contract unless all representations, warranties, covenants, and agreements of Seller contained in this Contract are true and correct or have been performed, as applicable, as of the Closing Date, except where specific reference is made to another date. 6.03 Adverse Change. Buyer is not obligated to perform under this Contract if, on the date of Closing, any portion of the Property has been condemned by an entity other than Buyer, or is the subject of condemnation, eminent domain, or other material proceeding initiated by an entity other than Buyer, or the Property, or any part thereof, has been materially or adversely impaired in any manner. 6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer delivers notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined that the Property is unsuitable to or for Buyer's purposes. 6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive any of the conditions precedent to the performance of Buyer's obligations under this Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying the waived condition precedent. 6.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any of the conditions precedent to the performance of Buyer's obligations under this Contract have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving written notice to Seller, terminate this Contract. On Buyer's termination, the Earnest Money shall be immediately returned to Buyer by the Title Company. The Seller shall, on written request from Buyer, 8 1323 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 promptly issue the instructions necessary to instruct the Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise provided in this Contract, Buyer and Seller shall have no further obligations under this Contract, one to the other. ARTICLE VII CLOSING 7.01 Date and Place of Closing. The Closing (herein so called) shall take place in the offices of the Title Company and shall be accomplished through an escrow to be established with the Title Company, as escrowee. The Closing Date (herein sometimes called), shall be forty five (45) calendar days after the Effective Date, unless otherwise mutually agreed upon by Buyer and Seller. 7.02 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or the Title Company, at the expense of the party designated herein, the following items: (i) The Title Policy, in the form specified in Article III, Section 3.05; (ii) The Special Warranty Deed, substantially in the form as attached hereto as Exhibit `B," subject only to the Permitted Exceptions, if any, duly executed by Seller and acknowledged; and (iii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. (b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company, the following items: (i) The sum required by Article II, Section 2.01, less the Earnest Money in the form of a check, cashier's check, or other immediately available funds; and (ii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. 7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article VII, Section 7.03 shall survive the Closing. The following item shall be adjusted or prorated between Seller and Buyer with respect to the Property: (a) Ad valorem taxes relating to the Property for the calendar year in which the Closing shall occur shall be prorated and submitted by Seller to the Denton County Tax Assessor as of the Closing Date. Ad valorem tax for the calendar year in which the Closing shall occur shall be tendered under Texas Tax Code Section 26.11. If the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, 1324 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 the proration at Closing shall be based on the amount of taxes due and payable with respect to the Property for the preceding calendar year. Seller shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to the date of Closing) and Buyer shall pay for those taxes attributable to the period of time commencing with the Closing Date. 7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing. 7.05 Costs of Closing. Each party is responsible for paying the legal fees of its counsel, in negotiating, preparing, and closing the transaction contemplated by this Contract. Seller is responsible for paying fees, costs, and expenses identified herein as being the responsibility of Seller. Buyer is responsible for paying all other fees, costs, and expenses related to Closing. ARTICLE VIII DEFAULTS AND REMEDIES 8.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or more of the following events: (i) Any of Seller's warranties or representations contained in this Contract are untrue on the Closing Date; (ii) Seller fails to meet, comply with, or perform any covenant, agreement, condition precedent, or obligation on Seller's part required within the time limits and in the manner required in this Contract; or (iii) Seller fails to deliver at Closing the items specified in Article VII, Section 7.02(a) of this Contract for any reason other than a default by Buyer or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's remedies for the default, may, at Buyer's sole option, do any of the following: (i) Terminate this Contract by written notice delivered to Seller in which event the Buyer shall be entitled to a return of the Earnest Money, and Seller shall, promptly on written request from Buyer, execute and deliver any documents necessary to cause the Title Company to return to Buyer the Earnest Money; (ii) Enforce specific performance of this Contract against Seller, requiring Seller to convey the Property to Buyer subject to no liens, encumbrances, exceptions, and conditions other than those shown on the Title Commitment, whereupon Buyer shall waive title objections, if any, and accept such title without reduction in 10 1325 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 Purchase Price on account of title defects and shall be entitled to assert any rights for damages based on Seller's representations, warranties, and obligations that are not waived by Buyer by its acceptance of Seller's title; and (iii) Seek other recourse or relief as may be available to Buyer at or by law, equity, contract or otherwise. 8.02 Buyer's Default and Seller's Remedies. (a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver at Closing the items specified in Article VII, Section 7.02(b) of this Contract for any reason other than a default by Seller under this Contract or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole and exclusive remedy for the default, may, at Seller's sole option, do either one of the following: (i) Terminate this Contract by written notice delivered to Buyer in which event the Seller shall be entitled to a return of the Earnest Money, and Buyer shall, promptly on written request from Seller, execute and deliver any documents necessary to cause the Title Company to return to Seller the Earnest Money; or (ii) Enforce specific performance of this Contract against Buyer. ARTICLE IX MISCELLANEOUS 9.01 Notice. All notices, demands, requests, and other communications required hereunder shall be in writing, delivered, unless expressly provided otherwise in this Contract, by telephonic facsimile, by hand delivery, or by United States Mail, and shall be deemed to be delivered and received upon the earlier to occur of. (a) if provided by telephonic facsimile or hand delivery, the date provided, and (b) if provided by United State Mail, the date of the deposit in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: SELLER: Roger Davidson 9608 Kelly Creek Ave. Las Vegas, NV 89129 11 BUYER: Deanna Cody, Deputy Director Development Services - Real Estate 401 N. Elm St. Denton, Texas 76201 1326 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 Copies to: For Seller: Laura Brewer c/o Ebby Halliday, Realtors 2430 S. I35 E. #130 Denton, Texas 76205 For Buyer: Mack Reinwand, City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76201 Telecopy: (940) 382-7923 9.02 Governing Law and Venue. This Contract is being executed and delivered and is intended to be performed in the State of Texas, the laws of Texas governing the validity, construction, enforcement, and interpretation of this Contract. THIS CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN DENTON COUNTY, TEXAS. 9.03 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, related to the Property, and may be amended or supplemented only in writing executed by the party against whom enforcement is sought. 9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective devisees, heirs, successors, and assigns. If requested by Buyer, Seller agrees to execute, acknowledge, and record a memorandum of this Contract in the Real Property Records of Denton County, Texas, imparting notice of this Contract to the public. 9.05 Risk of Loss. If any damage to the Property shall occur prior to Closing, or if any condemnation or any eminent domain proceedings are threatened or initiated by an entity or party other than Buyer that might result in the taking of any portion of the Property, Buyer may, at Buyer's option, do any of the following: (a) Terminate this Contract and withdraw from this transaction without cost, obligation, or liability, in which case the Earnest Money shall be immediately returned to Buyer; or (b) Consummate this Contract, in which case Buyer, with respect to the Property, shall be entitled to receive (i) in the case of damage, all insurance proceeds, if any; and (ii) in the case of eminent domain, all proceeds paid for the Property related to the eminent domain proceedings. Buyer shall have ten (10) calendar days after receipt of written notification from Seller on the final settlement of all condemnation proceedings or insurance claims related to damage to the Property in which to make Buyer's election. In the event Buyer elects to close prior to such final settlement, then the Closing shall take place as provided in Article VII, above, and there shall be assigned by Seller to Buyer at Closing, in form and substance satisfactory to Buyer, all interests of Seller in and to any and all insurance 12 1327 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 proceeds or condemnation awards which may be payable to Seller on account of such event. In the event Buyer elects to close upon this Contract after final settlement, as described above, Closing shall be held five (5) business days after such final settlement. 9.06 Further Assurances. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed, and/or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute, and/or deliver, or cause to be performed, executed, and/or delivered at the Closing or after the Closing, any further deeds, acts, and assurances as are reasonably necessary to consummate the transactions contemplated hereby. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article IX, Section 9.06 shall survive Closing. 9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time is of the essence with respect to this Contract. 9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are incorporated in and made a part of this Contract for all purposes. 9.09 Delegation of Authority. Authority to take any actions that are to be, or may be, taken by Buyer under this Contract, including without limitation, adjustment of the Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of Denton, to Todd Hileman, City Manager of Buyer, or his designee. 9.10 Contract Execution. This Contract of Sale may be executed in any number of counterparts, all of which taken together shall constitute one and the same agreement, and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.11 Business Days. If the Closing Date or the day of performance required or permitted under this Contract falls on a Saturday, Sunday, or Denton County holiday, then the Closing Date or the date of such performance, as the case may be, shall be the next following regular business day. 13 1328 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 SELLER: D °cu5igned d^�� BY: E54B5AF258074F4... ROGER DAVIDSON 1/14/2022 DATE: BUYER: SARA HENSLEY, INTERIM CITY MANAGER Executed by Buyer on the day of ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Dighauy �­.d br-h,,i eClift. DN :. ..........o. ar—mdaa, ou=oepanmem Uzen and Groups, ou=General Government, u=Legal,--henne Cift , mail=-henneCli.b.dryolaen[on BY: DZS 2022.01.201400:55-00- 14 2022. THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED AS TO Financial and operational obligations and Business terms. UocuSignod by, Pok A� C6A 7A42� 9 ? GARY PACKAN, DIRECTOR Parks and Recreation Department Date: 1/14/2022 1329 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of an executed copy of this Contract. Title Company agrees to comply with, and be bound by, the terms and provisions of this Contract, to perform its duties pursuant to the provisions of this Contract, and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Title Resources 525 S. Loop 288, Suite 125 Denton, TX 76205 Direct: 940-293-0700 Fax: 940-898-0121 Printed Name: Title: Contract receipt date: , 20 15 1330 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 EXHIBIT "A" to Contract of Sale Legal Description BEING a 6.000 acre tract of land situated in the Jonathan Douthit Survey, Abstract No. 329, Denton County, Texas, and being known as that tract of land described in a Deed to Roger Davidson, as recorded in Document No. 2006-39347 of the Official Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with cap stamped "GEER 4117" found for the Southwest corner of the above cited Roger Davidson tract, said point being in the West line of that certain 84.697 acre tract of land described in a Deed to Michael Davidson, as recorded in Document No. 2006-44628 of the Official Records of Denton County, Texas, from which a 1/2 inch iron rod with cap stamped "GEER 4117" found for the Northwest corner of that certain 6.000 acre tract of land described in a Deed to Moisony Jordan Flores, as recorded in Document No. 2021-21376 of the Official Records of Denton County, Texas, bears South 02°54'20" West a distance of 368.78 feet THENCE North 02°54'20" East along the West line of said Roger Davidson tract, for a distance of 560.86 feet to a 1/2 inch iron rod with cap stamped "GEER 4117" found for the Northwest corner of same; THENCE South 87°05'33" East along the North line of said Roger Davidson tract, for a distance of 466.00 feet to a 1/2 inch iron rod with illegible cap found for the Northeast corner of same; THENCE South 02°54'27" West along the East line of said Roger Davidson tract, for a distance of 560.86 feet to a 1/2 inch iron rod with cap stamped "GEER 4117" found for the Southeast corner of same; THENCE North 87°05'33" West along the South line of said Roger Davidson tract, for a distance of 465.98 feet to the POINT OF BEGINNING, and containing 6.000 acres of land, more or less. GacuMSigne}d�y: E54H5AF258074F4... 1/14/2022 16 1331 OT. W� g 4 s a a S a g �6ag `s § ? g +f i,y ° $`n`yg yy Wa L\'. Ig F C € 'a00 $a 4g m �8 € x8 g i he 2 c O gad �3 x W� r w 256 imo i$$ zi a k $-= a4 j� Yp E �s g5 g' gg @ W I mao5 � H. ti Lxi IO h .€ N a .ee 45 3 ,.Lz.ros,xo N `p ov, FL zrk r s� r i ag= x��L588@ 3.p�YS.iDN �Xge 3VZ .@6.bi U N AU 89C M.p&ig,ZD S 'it8 9 D Z a m MW 6 ' e 771 a 4 N_ k EL W. Cc ji aji 3 •aw Pk��� II e g41211,332 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 EXHIBIT "B" TO CONTRACT OF SALE NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Roger Davidson (herein called "Grantor"), whose address is 9608 Kelly Creek Ave., Las Vegas, Nevada 89129, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the City of Denton, a Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly described on Exhibit "A," attached hereto and made a part hereof for all purposes, and being located in Denton County, Texas, together with any and all rights or interests of Grantor in and to adjacent streets, alleys, and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property"). Grantor, subject to the limitation of such reservation made herein, reserves, for itself, its heirs, devisees, successors, and assigns all oil, gas, and other minerals in, on, and under and that may be produced from the Property. Grantor, its heirs, devisees, successors, and assigns shall not have the right to use or access the surface of the Property, in any way, manner, or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas, and other minerals reserved herein, including 17 1333 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas, and other minerals, and/or related to the exploration or production of same. As used herein, the term "other minerals" shall include oil, gas, and all associated hydrocarbons and shall exclude (i) all substances that any reasonable extraction, mining, or other exploration and/or production method, operation, process, or procedure would consume, deplete, or destroy the surface of the Property; and (ii) all substances which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "other minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. Grantor hereby assigns to Grantee, without recourse or representation, any and all claims and causes of action that Grantor may have for or related to any defects in, or injury to, the Property. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise. EXECUTED the day of 52022. 18 1334 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 M. Roger Davidson ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on 20_ by on behalf of Upon Filing Return To: City of Denton Real Estate Division 401 N. Elm Street Denton, TX 76201 Attn: DeAnna Cody Real Estate Division 19 Notary Public, State of Texas My commission expires: Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 1335 DocuSign Envelope ID: 13774D59-693B-4F4E-8F52-CDEB6053A834 EXHIBIT "A" BEING a 6.000 acre tract of land situated in the Jonathan Douthit Survey, Abstract No. 329, Denton County, Texas, and being known as that tract of land described in a Deed to Roger Davidson, as recorded in Document No. 2006-39347 of the Official Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with cap stamped "GEER 4117" found for the Southwest corner of the above cited Roger Davidson tract, said point being in the West line of that certain 84.697 acre tract of land described in a Deed to Michael Davidson, as recorded in Document No. 2006-44628 of the Official Records of Denton County, Texas, from which a 1/2 inch iron rod with cap stamped "GEER 4117" found for the Northwest corner of that certain 6.000 acre tract of land described in a Deed to Moisony Jordan Flores, as recorded in Document No. 2021-21376 of the Official Records of Denton County, Texas, bears South 02°54'20" West a distance of 368.78 feet THENCE North 02°54'20" East along the West line of said Roger Davidson tract, for a distance of 560.86 feet to a 1/2 inch iron rod with cap stamped "GEER 4117" found for the Northwest corner of same; THENCE South 87°05'33" East along the North line of said Roger Davidson tract, for a distance of 466.00 feet to a 1/2 inch iron rod with illegible cap found for the Northeast corner of same; THENCE South 02°54'27" West along the East line of said Roger Davidson tract, for a distance of 560.86 feet to a 1/2 inch iron rod with cap stamped "GEER 4117" found for the Southeast corner of same; THENCE North 87°05'33" West along the South line of said Roger Davidson tract, for a distance of 465.98 feet to the POINT OF BEGINNING, and containing 6.000 acres of land, more or less. DocuSigned by: E54H5AF258074F4... 1/14/2022 20 1336 OT. W4% i M g 4 s a a S a g �6ag `s § ? g +f i,y ° $`n`yg yy Wa L\'. Ig F C € 'a00 $a 4g m �8 € x8 g i he 2 c O gad �3 x W� r w 256 imo i$$ zi a k $-= a4 j� Yp E �s g5 g' gg @ W I mao5 � H. ti Lxi IO h .€ N a .ee 45 3 ,.iz.ros,xo N `p eol- k [ W f ..ry r 8; r i ag= 34S.bi..d8 N AU 89C M.aj n'D S 'it8 9 D Z a m MW 6 ' e 771 a 4 N_ k EL W. e ji aji 3 •aw Pk��� II e g411,11,337 Location Map Subject Property Proposed PARD Acquisition: 6151 Hartlee Field Rd. Roger Davidson Tract - 6 acres W W co N W--*- E S 0 260 520 1,040 Feet "' CITY OF DENTON City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 22-244, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton related to the First Amendment to the Development and Consent Agreement with VS Development, LLC, and Denton County Municipal Utility District No. 16 establishing fire protection services and other related matters for Denton County Municipal Utility District No. 16; and providing an effective date. City of Denton Page 1 of 1 Printed on 1/21/2022 powered by Legista 1339 11'1%1-0001� DENTON DEPARTMENT: Fire City of Denton AGENDA INFORMATION SHEET CM/ DCM/ ACM: Frank Dixon, Interim Assistant City Mananger DATE: January 25, 2022 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton related to the First Amendment to the Development and Consent Agreement with VS Development, LLC, and Denton County Municipal Utility District No. 16 establishing fire protection services and other related matters for Denton County Municipal Utility District No. 16; and providing an effective date. BACKGROUND On August 18, 2020, City Council approved the Development and Consent Agreement Concerning Denton County Municipal Utility District No. 16 (the "Agreement" - Reference Ordinance No. 20-1496 and backup documentation). Section 2.5 of the Agreement requires a Fire Protection Plan between the Developer (on behalf of the District) and a fire service provider. The District and Developer petitioned City of Denton Fire Department to be the approved provider for "Fire Protection Services." Fire Protection Services means all fire suppression and emergency medical / first responder and rescues services regularly provided by the City to person and property of the City to the persons and property located within the Denton County Municipal Utility District No. 16. This agreement does not include Fire Inspections, Code Enforcement and Arson Investigations. A fee (detailed below) will be levied by the District and remitted to the City to pay for the Fire Protection Services. This fee will offset applicable operating cost and contribute toward future capital costs. As previously discussed with City Council, fees from Districts with Fire Protection Services will assist in funding future fire stations (i.e. Fire Station 9). PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council approved the Development and Consent Agreement Concerning Denton County Municipal Utility District No. 16. on August 18, 2020 with Ordinance 20-1496. City Council consented to the creation of the Denton County Municipal Utility District No. 16 on August 18, 2020 with Resolution No. 20-1379. 1340 FISCAL INFORMATION Estimated Revenue Fire Protection Agreement Fee One Time $300,000 Fire Protection Facilities Capital Fee Per Single Family Home $750 Per Multi -Family Unit $250 Per Commercial Unit $1,000 Estimated total in 2029 $1,367,750 Fire Tax Annual $0.16 per $100 assessed valuation Estimated total in 2029 $795,520 EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and First Amendment to Development and Consent Agreement Exhibit 3: Resolution No. 20-1379 Consent to Creation of Denton County Municipal Utility District No. 16 Exhibit 4: Ordinance No. 20-1496 Development and Consent Agreement Exhibit 5: Order Granting the Petition for Creation of Denton County Municipal Utility District No. 16 Exhibit 6: Municipal Utility Districts Exhibit 7: VS Development, LLC ownership Exhibit 8: Denton County MUD No 16 Presentation Respectfully submitted: Kenneth Hedges Fire Chief Prepared by: Lindsey Garrison Fire Administration Manager 1341 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON RELATED TO THE FIRST AMENDMENT TO THE DEVELOPMENT AND CONSENT AGREEMENT WITH VS DEVELOPMENT, LLC, AND DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 16 ESTABLISHING FIRE PROTECTION SERVICES AND OTHER RELATED MATTERS FOR DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 16; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Chapters 49 and 54 of the Texas Water Code and Section 42.042 of the Texas Local Government Code, Olex (United States) ("Owner"), Inc. filed a Petition for Consent to Creation of Denton County Municipal Utility District No. 16 ("MUD") with the City of Denton; and WHEREAS, the City consented to the creation of the MUD pursuant to Resolution No. 20- 1379 on August 18, 2020; and WHEREAS, the City's consent to the creation of the MUD was contingent upon the City Council approving an agreement that sets for the mutually agreeable terms and conditions relating to the consent of the MUD and the development of the Property ("Development and Consent Agreement"); and WHEREAS, the Development and Consent Agreement with the Owner was executed pursuant to Ordinance No. 20-1496 on August 18, 2020; and WHEREAS, on August 9, 2021, the Texas Commission on Environmental Quality issued an Order Granting the Petition for Creation of Denton County Municipal Utility District No. 16; and WHEREAS, the MUD encompasses approximately 552.985 acres of land in Division 2 of the City's exterritorial jurisdiction and is contiguous to the City's corporate boundaries (the "Property"); and WHEREAS, VS Development, LLC ("Developer") is now the owner of the Property; and WHEREAS, the Developer proposes to develop the Property with 1,523 residential lots, 8 acres of multifamily uses, 30 acres of commercial uses, and approximately 101 acres of floodplain/open space with a hikeibike trails; and WHEREAS, Section 2.5 of the Development and Consent Agreement requires a fire protection plan between the Developer (on behalf of the District) and a fire service provider; and the Developer and District have requested that the City of Denton Fire Department be the approved provider for fire protection services; and 1342 WHEREAS, the City, Developer, and the District agree to execute a First Amendment to the Development and Consent Agreement attached to this ordinance establishing the terms of the City providing fire protection services and the fees to be levied by the District to pay the City for fire protections services; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or her designee is hereby authorized to execute the First Amendment to the Development and Consent Agreement with VS Development, LLC, and of Denton County Municipal Utility District No. 16, to establish fire protection services for Denton County Municipal Utility District No. 16 and other related matters. SECTION 2. A substantial copy of the First Amendment to the Development and Consent Agreement is attached hereto and incorporated herein for all purposes. Minor adjustments to the attached First Amendment to the Development and Consent Agreement are authorized, such as filling in blanks and minor clarifications or corrections, and any modifications made by City Council in the approval of this ordinance. SECTION 3. The City Manager, or her designee, is further authorized to carry out all duties and obligations to be performed by the City under the First Amendment to the Development and Consent Agreement, unless otherwise reserved in the First Amendment to the Development and Consent Agreement for Council approval. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by seconded by the following vote Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: and the ordinance was passed and approved by Aye Nay Abstain Absent Page 2 of 3 1343 PASSED AND APPROVED this the day of , 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Mack Date:2 nd Date: 2022.01.21 13:12:44 BY: �` -06'00' Page 3 of 3 1344 FIRST AMENDMENT TO DEVELOPMENT AND CONSENT AGREEMENT CONCERNING DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 16 This First Amendment to Development and Consent Agreement Concerning Denton County Municipal Utility District No. 16 (this "Amendment") is entered into by the City of Denton, Texas, a Texas Home Rule municipality (the "City") and VS Development, LLC, a Texas limited liability company ("Developer," "VS"). The Denton County Municipal Utility District No. 16, a municipal utility district created pursuant to Article XVI, Section 59, of the Texas Constitution, Chapters 49 and 54 of the Texas Water Code (the "District"), which District, after the District Confirmation Date, will become a party to this Amendment as set forth below. The City, VS, and the District are each a "Party" and collectively the "Parties" to this Agreement. This Amendment shall become effective on November , 2021 (the "Effective Date"). ARTICLE I RECITALS WHEREAS, VS Development, LLC, the City and Olex (United States), Inc. ("Olex") entered into that certain Development and Consent Agreement Concerning Denton County Municipal Utility District No. 16, effective August 18, 2020 (the "Original Development Agreement"); and WHEREAS, the defined terms herein shall have the same meaning as provided in the Original Development Agreement, unless specifically provided otherwise herein; and WHEREAS, effective September , 2021, VS has purchased 552.958 acres ("Property"), which are the subject of the Original Development Agreement; and WHEREAS, effective with the closing of the sale of the Property, Olex assigned to VS all of its rights and obligations under the Original Development Agreement; and WHEREAS, since the effective date of the Original Development Agreement, VS and the City have agreed that the City will provide the hereinafter defined Fire Protection Services to the Property; and WHEREAS, since the effective date of the Original Development Agreement the TCEQ has created the District, which encompasses all of the Property; and WHEREAS, the Parties wish to amend the Original Development Agreement to provide the terms under which the City will provide the Fire Protection Services to the Property; and WHEREAS, the Original Development Agreement, as amended by this Amendment, is hereinafter referred to as the "Agreement;" and 1 3829.207/4815-5554-5846.0 1345 WHEREAS, this Amendment is entered into pursuant to Texas Local Government Code Section 212.172 to set out the mutually agreeable terms and conditions relating to the City providing Fire Protection Services to the Property; and NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions hereinafter set forth, the Parties contract and agree as follows: 1. The Original Development Agreement is hereby amended to add the following: ARTICLE IV FIRE PROTECTION SERVICES Section 4.1. Definitions. In this Agreement: "Connection" means a single-family residential unit or its commercial equivalent that receives water supply from a District's internal potable water distribution system. For purposes of this Agreement, a Connection shall be considered to have been made at the time of physical attachment to the District's internal water distribution lines, regardless of whether the customer is actually utilizing utility service at such time. "Fire Tax" means that ad valorem tax levied by the District to pay for Fire Protection Services. "Fire Protection Services" means all fire suppression and emergency medical/first responder and rescue services regularly provided by the City to persons and property located within the City, which shall also, by this Amendment, be provided by the City to persons and property located within the Property, except for fire inspections of buildings and properties, code enforcement services, and arson investigations (which shall not be included in services provided to persons and property located within the Property). Section 4.2. Applicability to the District. (a) The District shall develop a fire plan in accordance with Section 49.351, Texas Water Code, and the rules of the TCEQ (the "Plan"), incorporating the terms of this Amendment, and submit the Plan to the TCEQ for its approval. Upon TCEQ's approval of the Plan, the District shall call an election and obtain voter approval of the Plan and this Agreement (the "Fire Plan Election"). The Fire Plan Election shall include a request of voter authorization for the District to levy a tax not to exceed $0.16 per $100 assessed valuation solely to support Fire Protection Services ("Fire Tax"). The District will use its best efforts to cause this Amendment and the Plan to be submitted to the TCEQ for approval and obtain voter approval of the Plan in accordance with the terms of this Amendment. 2 3829.207/4815-5554-5846.0 1346 (b) Other than the provisions of Section 4.2(a) which are effective as to the District upon the Effective Date, this Amendment will take effect as to the District at such time as the District has held and declared the results of a successful Fire Plan Election, including the approval of the Fire Tax. The District shall notify the City of the successful Fire Plan Election within fourteen (14) days after canvassing such election. (c) In the event the voters in the District have not approved the Fire Plan and the Fire Tax by June 30, 2023, the provisions of this Article IV shall terminate and be of no further force or effect. Section 4.3. Fire Protection Services. (a) The City has an existing fire station located within the corporate limits of the City and described in the attached Exhibit "A" ("City Fire Station"). The City will respond to calls for Fire Protection Services from the City Fire Station or, at the City's sole discretion, other fire stations owned and operated by the City. The City shall staff the City Fire Station with trucks, equipment and necessary personnel to provide the Fire Protection Services twenty-four (24) hours per day, seven (7) days per week. In providing Fire Protection Services to residents and property located in the District, the City shall be solely responsible for the operation and maintenance of the City Fire Station and equipment and staffing. (b) The Parties acknowledge that in providing Fire Protection Services to the residents and property in the District, the City will use the fire hydrants, connections, and water distribution system located within the District ("Water Distribution System"), but the City shall not be responsible for providing for, constructing, inspecting, maintaining, or repairing any part of the Water Distribution System, and the City shall not be liable to the District, VS or any District occupant, resident or property owner for any deficiency or malfunction of the Water Distribution System or harm caused by such deficiency or malfunction. (c) During the term of this Agreement, the City will provide Fire Protection Services to persons, buildings, and property located within the District, including, any land that is added to the District via annexation ("Annexation Area"), upon notification to the City of final District action annexing any land and the payment for Fire Protection Services for such land in accordance with this Amendment. The City will provide Fire Protection Services to residents and property in the District in the same manner and with the same standard of care as it would to those residences and structures located in other areas of City coverage. 3829.207/4815-5554-5846.0 1347 (d) The Parties acknowledge that the City must also respond to requests for Fire Protection Services in other areas outside the District and that the City may now, or in the future, have contracts to provide Fire Protection Services to other entities. In providing Fire Protection Services to the District, the City will follow its adopted standard operating procedures, subject to its sole discretion, without being in breach of this Agreement and without liability to the District or its occupants, residents, or property owners, to determine: (1) whether Fire Protection Services are needed in a particular case; (2) whether and when personnel or equipment are available to respond to a request for Fire Protection Services; (3) the order in which to respond to requests for Fire Protection Services; (4) the time in which to respond to a request for Fire Protection Services; or (5) whether to respond to a request for Fire Protection Services from the City Fire Station or another fire station owned and operated by the City. (e) The District and City assume no responsibility for the reliability, promptness, or response time of the City. The District's sole obligation for provision of Fire Protection Services to its residents is to make payments as described below. (f) It is understood and acknowledged, that, because of the distance between the City's Fire Station and the District, response times to calls within the District may be longer than response times to locations within the City's corporate limits, unless and until the City constructs a fire station closer to, or within the Fire Protection Services Area (hereinafter defined), and that the City shall not be in default of this Agreement resulting from such difference in response times of ISO fire insurance rates. (g) City shall maintain records of response to emergency calls, including, but not limited to date, time, location of emergency, type of emergency, time to response and results. City agrees to provide a report to the District, containing the foregoing information for a period not exceeding twelve (12) months not later than thirty (30) days after receipt of a written request in accordance with the Texas Open Records Act, Tex. Gov. Code Chapter 552. Requests for data for a period earlier than one (1) year prior than the date the request is received shall be delivered to the District as soon as reasonably feasible. It is understood and acknowledge that City shall not be required to provide data and information relating to periods of time beyond City's standard records retention period for such data and/or information if such data and/or information has been deleted or destroyed in accordance with City's records retention policy, or if such data or information is confidential by law. Section 4.4. Personnel. (a) The City shall provide all required personnel who meet, at least, minimum state qualifications to perform the Fire Protection Services required by this Amendment. 2 3829.207/4815-5554-5846.0 1348 The City shall be responsible for the salaries and benefits of the personnel providing the Fire Protection Services. The District assumes no responsibility for the actions of the City's personnel in performing their fire protection duties. The District will make no recommendations and is in no way responsible for the selection, sufficiency, or qualifications of the City's personnel. (b) City shall be responsible for providing all general and personal liability coverage necessary for the adequate protection of City employees or volunteers providing Fire Protection Services at the same level of protection afforded officers and employees while performing the same or similar duties in City's corporate limits. Section 4.5. Payment for Fire Protection Services. (a) In consideration of the City providing Fire Protection Services, the District agrees to make the payments specified in subsections 4.5(b) — (f) to the City. The payments hereunder shall be mailed or delivered to the City at: City of Denton, Finance Department 215 E McKinney St. Denton, TX 76210 (b) At such time as the TCEQ has approved the Fire Protection Plan, the District shall pay to the City a one-time Fire Protection Services Fee equal to $300,000. The District shall pay an additional fee to the City equal to $550 per acre for any land annexed into the District. (c) During each year that the District levies an ad valorem tax, the District agrees to levy and collect the Fire Tax against all taxable property located within the District (as of January 1 of such tax year) in the amount of $0.16 per $100 assessed valuation and to transfer to the City all of the collected Fire Tax with the first payment due by March 31, following the first year such tax is levied by the District. The District agrees to pay the City any subsequently collected Fire Tax received after March 15th of the applicable year during each subsequent calendar quarter. The District agrees to provide annual tax collection reports or customer collection reports to the City, upon written request by the City. (d) At such time as the District makes a Connection to a single-family home for the initial end user, the District shall collect a "Fire Protection Facilities Capital Fee" equal to $750. The District shall only be required to collect one Fire Protection Services Capital Fee for each developed lot. (e) At such time as the District makes a Connection to a multi -family residential building, the District shall collect a "Fire Protection Facilities Capital Fee" equal to $250 for each separate residential unit within the building. 5 3829.207/4815-5554-5846.0 1349 (f) At such time as the District makes a Connection to a commercial parcel, the District shall collect a "Fire Protection Facilities Capital Fee" equal to $1,000 for each separate commercial space within the building. The District shall only be required to collect one Fire Protection Services Capital Fee for each separate commercial space within a building. (g) Each of the fees collected in accordance with subsections (d) — (f) shall be paid to the City during the calendar quarter following receipt. The District may fund the payments described in subsection (c) through any legally available funds of the District, including adopting and enforcing a mandatory fee for firefighting services, as authorized by Sections 49.212 and 49.351, Texas Water Code, as amended; provided, however, if the District elects to fund the annual payments through a mandatory fee, the District agrees that such payments to the City shall be reflective of an amount that would have been collected if the District implemented the Fire Tax. (h) The City agrees to use the monies paid to the City pursuant to subsection (c) solely to fund Fire Protection Services, including, but not limited to, providing personnel, equipment and a fire station. The City agrees to receive the "Fire Protection Facilities Capital Fees" paid pursuant to subsections (d) — (f) above and deposit them in a separate account to be used solely to build a fire station located within the "Legends Ranch" development reflected on the attached Exhibit `B" or otherwise within the Fire Protection Services Area. (i) The District shall not charge the City for water it uses to carry out Fire Protection Services. Section 4.6. Cost Sharing with Other Developments in the City Fire Protection Services Area. The City agrees to work in good faith with Denton County and the District to require other developments ("New Participant") located in the area described in Exhibit "C" ("Fire Protection Services Area") to contribute proportionately to the costs of providing Fire Protection Services, including personnel, equipment and construction of a fire station located closer to the District. The City agrees to use its good faith efforts to require the New Participant to pay its pro -rata share of all such costs based upon the number of lots to be developed in such project. If the City is providing Fire Protection Services to other developments within the Fire Protection Services Area, so that the costs being paid by the District are also being funded by others receiving Fire Protection Services from the City, the City agrees to renegotiate in good faith a decrease in the amount of any payments due by the District pursuant to Section 4.5 so that the costs of the Fire Protection Services and Fire Protection Facilities Capital Fees are spread pro -rata over the parties receiving such service. Section 4.7. Construction of Fire Station in the Fire Station Services Area. 0 3829.207/4815-5554-5846.0 1350 If the City determines, in its sole discretion, that additional facilities are required in order to provide the Fire Protection Services to the District at the same standard as it would to other areas of City coverage, the City may construct of a fire station within the Fire Protection Services Area. The City will work in good faith to begin design of a fire station upon the 864th Connection within the District, but failure to commence the design by such date does not constitute a breach of this Agreement. The City will work in good faith to begin construction of a fire station upon the 1,035th Connection within the District, but failure to commence the construction by such date does not constitute a breach of this Agreement. Upon completion of said fire station, it will be defined as a City Fire Station for the purposes of this Agreement. The City shall own the fire station and all equipment, land, furniture, fixtures, equipment, fire apparatus, and vehicles related thereto. Section 4.8. Term of City Obligation to Provide Fire Protection Services. The initial term of the provisions of Article IV shall begin on the Effective Date of this Amendment and continue for successive five (5) year terms, unless the City or the District terminates Article IV upon no less than two (2) years advance notice to the other. In the event either the District or the City timely exercises its right to terminate hereunder prior to the City beginning design and construction of a fire station in the Fire Protection Services Area, all monies then held by the City as Fire Protection Service Capital Fees shall be returned to the District. At such time as the City initiates design or construction of a fire station in the Fire Protection Services Area, the term of this Article IV shall extend thirty (30) years from the date of the initiation of such construction project and then continue for successive five (5) year terms unless terminated by the District or City upon two (2) years advance notice. 2. The parties hereto do hereby waive the provision contained in the second sentence of Section 3.2 of the Original Development Agreement and acknowledge that this Agreement remains in effect. 3. Except as specifically provided herein, all provisions of the Original Development Agreement shall remain in effect. 7 3829.207/4815-5554-5846.0 1351 IN WITNESS WHEREOF, each Party has caused this Amendment to be executed by its undersigned duly authorized representative. ATTEST: ROSA RIOS, CITY SECRETARY By: STATE OF TEXAS § COUNTY OF DENTON § CITY OF DENTON By: Name: Sara Hensley Title: Interim City Manager Date: This instrument was acknowledged before me on , 2022 by Sara Hensley, Interim City Manager of the City of Denton, Texas on behalf of said city. Notary Public, State of Texas APPROVED AS TO FORM: MACK REINWAND, CITY ATTORNEY By: IIV k r � Digitally signed b1 Mack Re 6'00' Date: 2022.01.21 13:07:41 -06'00' THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. SIGNATURE PRINTED NAME . TITLE f r"_ DEPARTMENT 3829.207/4815-5554-5846.0 1352 VS DEVELOPMENT, LLC, a Texas limited liability company By: Name: a,-,� -sem ►, �r,� Its: THE STATE OF TEXAS COUNTY OF �Z This instrument was acknowledged before me on 2021, by kqd Ad -1 , _�,&7 M6e. of VS Development, LLC; a Texas limited liability company and on behalf of said company. 0] 3829.207/4815-5554-5846.v3 Not Public, State of Texas 1353 Following the District Confirmation Date, the District has executed this Amendment. DENTON COUN'T'Y MUNICIPAL UTILITY DISTRICT NO. 16 By: �5 Y-:=-- �j President, Board of Direct Date:1 .� STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me, on the day of 20by , President of the Board of D' or of enton County Municipal Utility District No. 16 on behalf of said District. SANDY DUNN My Iftiry la 0124122487 EVkw Jwxwy 17, 2026 [SEAL] 3824.20714815-5554-5846,v3 iLnn Notary Public, 9t of Texas Printed Name: 60-ndq D tw n My Commission Expires:( i`i 10 1354 EXHIBIT "A" "CITY FIRE STATION" Exhibit "A" 3829.207/4815-5554-5846.0 1355 FIRE STATION #9 i T^ S Min Response Time r Current Roads' Fire Stations 9 Fire Station Planned Fire Stations t Fire Station Municipal tWtfbi5tricts Astra / Denton County MUD #11 Earthland Farms 'k' Hickory Creek LaLa Ranch LaLa Ranch Fxpansion Legends Ranch Meadows Rocky Top Ranch Sherwood + Stonehill Ranch Young Tracts = S Minute Response Time o S Minute Response Time E�J City Limits 4 ET] -1 Nt 'F' } * n1SH t r�o�ihlake f 00.51 2 3 4 4' Miles VQR 1356 EXHIBIT "B" "AREA WITHIN WHICH NEW FIRE STATION WILL BE BUILT" Exhibit "B" 3829.207/4815-5554-5846.0 1357 Isacres aland MSoutheast corner ¥ proposed Legends Ranch / _T_---- � � � / - �� 6 - / / 496.136 ACRES q 21,611,684 Sr__ D f R � r§ ¥ : I ^ \ 2 / 9226'47W . - � -� mm y" £28.48' N6\ �" . .r oma ± EganRd- 22.64' - / r � TTC� BOUNDARY EXHIBIT 1500 0 750 ,m 4916.136 *c. N 2 TA80k CONSULTING, RAE eRkED2 �t olDem� Ej Dem on count t � 1358 EXHIBIT "C" "CITY FIRE PROTECTION SERVICES AREA" Exhibit "C" 3829.207/4815-5554-5846.0 1359 Municipal Utility Districts (MUDs) Astra / Denton County MUD #11 Earthland Farms Hickory Creek LaLa Ranch LaLa Ranch Expansion Legends Ranch OLEX City Limits Rocky Top Ranch City Proper Sherwood ETJ Division 1 Stonehill Ranch ETJ Division 2 Young Tracts 0 0.5 1 2 weMiles G1 Q s a DENTON v Development Seryices • GIS Z Date: 7/7/2021 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative 1360 property boundaries. Although every effort was made to ensure the accuracy of this data, no such guarantee is given or implied. Utilization of this map indicates the understanding that there is no guarantee to the accuracy of thisproperty boundaries. Although every effort was made to ensure the accuracy of this data, no such guarantee is given or implied. Utilization of this map indicates the understanding that there is no guarantee to the accuracy of this data j S:\Legal\Our Documents\Resolutions\20\01ex Denton County MUD No. 16 Consent Resolution.Docx RESOLUTION NO. 20-1379 A RESOLUTION OF THE CITY OF DENTON REGARDING THE CREATION OF DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 16 (OLEX MUD), ENCOMPASSING APPROXIMATELY 553 ACRES OF LAND, LOCATED NORTH OF OLD STONEY ROAD, SOUTH OF JACKSON ROAD, AND WEST OF FM 156 WITHIN DIVISION 2 OF THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Olex (United States), Inc., a Delaware corporation ("Petitioner") owns approximately 552.985 acres of land ("Property") in Division 2 of the City of Denton's Extraterritorial Jurisdiction ("ETJ"), as shown on the map attached hereto as Exhibit "A"; and WHEREAS, a municipal utility district (MUD) can be created by the Texas Legislature or the Texas Commission on Environmental Quality (TCEQ); and WHEREAS, for property located in the City of Denton's ETJ to be included in a MUD the City of Denton's consent is required; and WHEREAS, on April 29, 2020, the City of Denton received the Petitioner's Petition for Consent to Creation of Denton County Municipal Utility District No. 16 on 552.985 acres of land ("Petition"), attached hereto as Exhibit `B"; and WHEREAS, the Property is located in the City of Denton's ETJ but outside of the City of Denton's exclusive right to provide retail water and/or sewer utility service; and WHEREAS, the Owner has entered into a contract to sell the Property to VS Development, LLC ("Developer"); and WHEREAS, the Developer the proposes to develop the Property with 1,523 residential lots, 8 acres of multifamily uses, 30 acres of commercial uses, and approximately 101 acres of floodplain/open space with a hike/bike trails, as shown on the concept plan attached hereto as Exhibit "C"; and WHEREAS, part of the consideration for the City's consent to the creation of the MUD is the Developer's offer to obligate the MUD to approve a Strategic Partnership Agreement in which the City is guaranteed 50 percent sales and use tax collected for commercial uses adjacent to and abutting U.S. Highway 380 located within the Property; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations in the preamble of this resolution are incorporated herein by reference. SECTION 2. The City of Denton, Texas, hereby consents to the Petition in Exhibit B to create the Denton County Municipal Utility District No. 16 with the following conditions: 1361 a. VS Development, LLC closes on the purchase of the Property by August 31, 2021. b. The City Council approves a Development and Consent Agreement. SECTION 3. This resolution shall take effect immediately from and after its date and passage. The motion to approve this Resolution was made by ,5phr RyG.f) and seconded by Chr: S W a.-\-+5 ; the Resolution was passed and approved by the following vote [6_ - 1 1: Ave Nay Abstain Chris Watts, Mayor: V Gerard Hudspeth, District 1: %oe*— Keely G. Briggs, District 2: Jesse Davis, District 3: ✓ John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: Absent PASSED AND APPROVED this the tWyl day of 1�)uq uS+ 2020. CHRIS ATTS, MAYOR ATTEST: �►�N1ug4 ROSA RIOS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY X N . H1HI► By: Page 2 of 2 1362 PETITION FOR CONSENT TO CREATION OF DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 16 THE STATE OF TEXAS COUNTY OF DENTON TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON: The undersigned (the "Petitioner"), acting pursuant to the provisions of Chapters 49 and 54 of the Texas Water Code, and Section 42.042 of the Texas Local Government Code, respectfully petitions this Honorable Council for its consent to the creation of a municipal utility district, and for cause would respectfully show the following: I. The name of the proposed District shall be "Denton County Municipal Utility District No. 16" (the "District"). I" The District shall be organized under the terms and provisions of Article III, Section 52, and Article XVI, Section 59, of the Texas Constitution, Chapters 49 and 54 of the Texas Water Code, together with all amendments and additions thereto. F1 0 The District shall contain an area of approximately 552.985 acres of land (the "Property"), situated within Denton County, Texas, described by metes and bounds in Exhibit "A," attached hereto and incorporated herein. The District is located wholly within the extraterritorial jurisdiction of the City of Denton, Denton County, Texas, and the District is not within the corporate limits or extraterritorial jurisdiction of any other city, town or village. IV. The undersigned constitutes a majority in value of the holders of title to the lands in the proposed District, as shown by the tax rolls and conveyances of record since the date or preparation of said county tax rolls. 004486.000007\4812-4246-9046.v1 1364 IN The proposed District shall be organized for the following purposes: (1) provide a water supply for the District for municipal and domestic uses; (2) collect, transport, process, dispose of and control all domestic, industrial, or communal wastes whether in fluid, solid, or composite state; (3) gather, conduct, divert and control local storm water or other local harmful excesses of water in the District; (4) construct, acquire, improve, maintain and operate macadamized, graveled, or paved roads and turnpikes, or other improvements in aid of those roads; and (5) such other construction, installation, maintenance, purchase, and operation of such additional facilities, systems, plants and enterprises as shall be consistent with the purposes for which the District is organized. The aforementioned purposes may be accomplished by any mechanical and chemical means and processes incident, necessary or helpful to such purposes, to the extent authorized by law and the creation of the District, to the end that public health and welfare may be conserved and promoted, and the purity and sanitary condition of the State's waters protected, effected and restored. Vi. The general nature of the work anticipated to be done by the District at the present time is: (i) the construction of a water distribution system for domestic purposes; (ii) the construction of a sanitary sewer system; (iii) the control, abatement and amendment of the harmful excess of waters and the reclamation and drainage of overflowed lands within the District; (iv) the construction and financing of macadamized, graveled, or paved roads and turnpikes, or improvements in aid of those roads; and (v) such other construction, installation, maintenance, purchase and operation of such other facilities, systems, plants and enterprises as shall be consistent with the purposes for which the District is organized, all to the extent authorized by law from time to time. VII. There is a necessity for the improvements above described because the District is located within an area which will experience a substantial and sustained residential and commercial growth within the foreseeable future, is urban in nature and is not supplied with adequate water, sanitary sewer, drainage facilities and services, or roads. The health and welfare of the future inhabitants of the District require the provision of adequate water, storm and sanitary sewer facilities and services, and roads. The provisions of such water, storm and sanitary sewer facilities and services, and roads will conserve and preserve the natural resources of this State by promoting and protecting the 004486.000007\4812-4246-9046.v1 1365 purity and sanitary condition of the State's waters, and will promote and protect the public health and welfare of the community; therefore, a public necessity exists for the organization of said District. The property cannot be developed without the creation of the District to finance the water, sanitary sewer, and drainage facilities and services, and roads; therefore, a public necessity exists. Vj- I The proposed improvements are practicable and feasible, in that the terrain of the territory to be included in the proposed District is of such nature that water, storm and sanitary sewer facilities and services, and roads can be constructed or provided at a reasonable cost; and said territory will be rapidly developed for residential use. A preliminary investigation has been instituted to determine the cost of the proposed improvements to be constructed by the District, and it is now estimated by those filing this petition, from such information as they have at this time, that the ultimate cost of such improvements will be approximately $52,923,295.00. 10 WHEREFORE, the undersigned respectfully pray that this Petition be granted in all respects and that the City Council of the City of Denton, Texas, adopt a resolution giving its written consent to the creation of the District. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 004486.000007\1812-4246-9046.v1 1366 RESPECTFULLY SUBMITTED this the ° day of 2020. PETITIONER: OLE TATES), INC., a Dela co sa 'on By - Name: Lars Sp gm Title: President STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the ft day of ( —? 2020 by Lars Springman, President of OLEX (UNITED STATES), INC., a Delaware corporation, on behalf of said corporation. N#7 Public in and for the State of Texas (NOTARY SEAL) JOAN D. BOHANNON Notary Public, State of Texas ,,, ae Comm. Expires 04-01-2021 41 Wd' Notery 10 7681601 004486.000007\4812-4246-9046.v i 1367 EXHIBIT "A" BEING a tract of land situated in the Uberto Allen Survey, Abstract No. 14, William Stonham Survey, Abstract No. 1145 and the Harris Young Survey, Abstract No. 1450, Denton County, Texas and being the remaining portion of a called Tract One (153.488 -acres) described in a General Warranty Deed to Olex (United States), Inc., f/k/a Olex Corporation N. V., recorded in Volume 1129, Page 185, Deed Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an aluminum TXDOT right of way disk found on the westerly line of said Tract One (153.488 -acres), for the northwest corner of a called Parcel 17, described in an Agreed Judgment to the State of Texas, recoded in Instrument No. 2012-80554, Official Records of Denton County, Texas, same being the northeast comer of a called Parcel 16, described in a Deed to the State of Texas, recorded in Instrument No. 2009-71718, Official Records of Denton County, Texas, same also being the current northerly right of way line of U. S. Highway 380, a variable width right of way; THENCE North 00002'22" West, departing the northerly right of way line of said U. S. Highway 380, along the westerly line of said Tract One (153.488 -acres) and generally along a barbed wire fence, a distance of 2,236.16 feet to a metal fence corner post found for the northwest comer of said Tract One (153.488 -acres), same being the southwest comer of a called 1.931 - acre tract of land, described in a Special Warranty Deed to Vangard Wireless, LP, recorded in Instrument No. 2005-79339, Official Records of Denton County, Texas; THENCE South 89°5824" East, along the northerly line of said Tract One (153.488 -acres), the southerly line of said 1.931 -acre tract, the southerly line of a called 5.00 -acre tract of land, described in a Warranty Deed to Amanda Noles Nelson, recorded in Instrument No. 2013- 92845, Official Records of Denton County, Texas, the southerly line of a called 19.6390 -acre tract of land, described in a Special Warranty Deed to Nancy Kay Jones, recorded in Instrument No. 2010-57685, Official Records of Denton County, Texas, the southerly line of Myers Farm, an addition to the City of Denton, according to the final plat, recorded in Document No. 2011-77, Plat Records of Denton County, Texas, and generally along a barbed wire fence, a distance of 2091.05 feet to a 1/2 -inch iron rod with a yellow plastic cap found for the southeast corner of said Myers Farm, same being the southwest corner of called 21.1455 -acre tract of land described in a Special Warranty Deed to Janis June Myers, recorded in Instrument No. 2010- 57683, Official Records of Denton County, Texas; THENCE South 89053'09" East, continuing along the northerly line of said Tract One (153.488 - acres), the southerly line of said 21.1455 -acre tract, and generally along a barbed wire fence, a distance of 1368.48 feet to a 1/2 -inch iron rod found for the northeast corner of said Tract One (153.488 -acres) and the southeast comer of said 21.1455 -acre tract, same being on the westerly right of way line of F. M. 156, a variable width right of way; THENCE South 17°2847" West, along the easterly line of said Tract One (153.488 -acres) and the westerly right of way line of said F. M. 156, a distance of 94.26 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHN" set at the beginning of a non -tangent curve to the right having a central angle of 15008'00", a radius of 5659.58 feet, a chord bearing and distance of South 21°13'35" West, 1490.50 feet, from said point, a wooden right of way marker bears South 13°42' West, 3.93 feet; 004486.000007\4812-4246-9046.v1 1368 THENCE in a southwesterly direction, continuing along the easterly line of said Tract One (153.488 -acres) and the westerly right of way line of said F. M. 156, along said curve to the right, an arc distance of 1494.85 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for comer, from which, a wooden right of way marker bears South 03003' West, 1.20 feet; THENCE South 28°47'35" West, continuing along the easterly line of said Tract One (153.488 - acres) and the westerly right of way line of said F. M. 156, a distance of 556.36 feet to an aluminum TXDOT right of way disk found for the northeast comer of aforesaid Parcel 17, same being the intersection of the westerly right of way line of said F. M. 156 with the northerly right of way line of aforesaid U. S. Highway 380; THENCE in a westerly direction, departing the westerly right of way line of said F. M. 156, along the northerly line of said Parcel 17 and the northerly right of way line of said U. S. Highway 380, the following: North 61004'40" West, a distance of 679.63 feet to an aluminum TXDOT right of way disk found for comer; South 78°35'46" West, a distance of 296.07 feet to an aluminum TXDOT right of way disk found for comer; South 38016'12" West, a distance of 548.81 feet to an aluminum TXDOT right of way disk found for corner; South 62008'29" West, a distance of 218.57 feet to an aluminum TXDOT right of way disk found for comer; South 86000'46" West, a distance of 322.43 feet to an aluminum TXDOT right of way disk found for comer; North 90°00'00" West, a distance of 469.04 feet to an aluminum TXDOT right of way disk found for comer; North 87°16'23" West, a distance of 413.60 feet to the POINT OF BEGINNING and containing 144.086 acres (6276387 square feet) of land, more or less. BEING a tract of land situated in the George W. Anderson Survey, Abstract No. 12, Uberto Allen Survey, Abstract No. 14, Edward F. Anderson Survey, Abstract No. 16, B. B. B & C. RR. Co. Survey, Abstract No. 168, B. B. B & C. RR. Co. Survey, Abstract No. 188, William Stonham Survey, Abstract No. 1145 and the Harris Young Survey, Abstract No. 1450, Denton County, Texas and being the remaining portion of a called Tract Three (425.898 -acres) described in a General Warranty Deed to Olex (United States), Inc., f/k/a Olex Corporation N. V., recorded in Volume 1129, Page 185, Deed Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an aluminum TXDOT right of way disk found on the easterly line of said Tract Three (425.898 -acres), for the southeast comer of a called Parcel 15, described in an Agreed Judgment to the State of Texas, recoded in Instrument No. 2012-80554, Official Records of Denton County, Texas, same being the intersection of the current southerly right of way line of 004486.000007\4812-4246-9046.v1 1369 U. S. Highway 380, a variable width right of way with the westerly right of way line of F. M 156, a variable width right of way; THENCE in a southerly direction, departing the southerly right of way line of said U. S Highway 380, along the easterly line of said Tract Three (425.898 -acres) and the westerly right of way line of said F. M. 156; the following: South 28"45'02" West, a distance of 581.24 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set at the beginning of a tangent curve to the right having a central angle of 03"49'00", a radius of 5659.58 feet, a chord bearing and distance of South 30039'32" West, 376.93 feet; in a southwesterly direction, along said curve to the right, an arc distance of 377.00 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner; South 27044'04" West, a distance of 118.70 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for comer, from which, a wooden right of way marker bears South 44"02' West, 3.82 feet; South 32"34'02" West, a distance of 1000.02 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner, from which, a wooden right of way marker bears South 42" 17' West, 2.01 feet; South 38"16'40" West, a distance of 100.50 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner, from which, a wooden right of way marker bears South 44"22' West, 2.44 feet; South 32034'02" West, a distance of 1900.00 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for comer, from which, a wooden right of way marker bears South 27"02' West, 8.82 feet; South 26051'24" West, a distance of 100.50 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner; South 32034'02" West, a distance of 924.50 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for the beginning of a tangent curve to the left having a central angle of 6027'51", a radius of 2924.79 feet, a chord bearing and distance of South 29"20'06" West, 329.80 feet; in a southwesterly direction, with said curve to the left, an arc distance of 329.97 feet to a PK nail with a washer, stamped "KHA" set in an asphalt road, known as Old Stoney Road, an apparent public use roadway, no record found, for the southeast corner of said Tract Three (425.898 -acres); THENCE South 89039'42" West, departing the westerly right of way line of said F. M. 156, along the southerly line of said Tract Three (425.898 -acres) and along said Old Stoney Road, a distance of 1706.19 feet to a 1/2 -inch iron rod found for the southwest comer of said Tract Three (425.898 -acres); THENCE North 0"02'12" West, departing said Old Stoney Road and along the westerly line of said Tract Three (425.898 -acres), a distance of 5443.65 feet to a 5/8 -inch iron rod with a red 004486.00000714812-4246-9046.v l 1370 plastic cap, stamped "KHA" set on the southerly line of a called Parcel 14, described in a Deed to the State of Texas, recorded in Instrument No. 2008-19039, Official Records of Denton County, Texas, same being the current southerly right of way line of aforesaid U. S. Highway 380; THENCE in an easterly direction, departing the westerly line of said Tract Three (425.898 - acres) and along the southerly right of way line of said U. S. Highway 380, the following: South 87016'23" East, passing at a distance of 8.26 feet, an aluminum TXDOT right of way disk found for the south common comer of said Parcel 14 and aforesaid Parcel 15, continuing for a total distance of 1274.95 feet to a point for comer; North 63°54'58" East, a distance of 83.00 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for comer; South 87°16'24" East, a distance of 299.75 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for comer; North 88052'11" East, a distance of 1520.81 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner; North 90000'00" East, a distance of 160.25 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for comer; South 85024'02" East, a distance of 457.49 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for comer; South 55026'56" East, a distance of 259.95 feet to an aluminum TXDOT right of way disk found for corner; South 25°29'50" East, a distance of 449.43 feet to an aluminum TXDOT right of way disk found for comer; South 61 °21'38" East, a distance of 239.94 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner; South 54°31'02" East, a distance of 100.71 feet to an aluminum TXDOT right of way disk found for comer; South 61021'39" East, a distance of 91.38 feet to the POINT OF BEGINNING and containing 408.899 acres (17811656 square feet) of land, more or less. 004486.000007\4812-4246-9046.v1 1371 -- � 11lIiH11111►�; riV - _1 1rli F_I 11_1 �Illll-I_li_I L�Illli� ._ If1ljj =MIZZ 11111 'rli II' i� _ w .riiirli L_JJ JLJ. r .r le r+i _ _ mil---� Irll_i �! • R_ _ ✓:fl_I Irllwl pwF �� rr. _ _ '_11_1 Irll_I• 1_ 1 1 R_I _ _n_I Iruwr Iwflwl ��!! ay IRrI _iii �� 1=l _a "ri ' � ��F�\\iw•i 111111111E L- --- Ki. 11.1111 11111l111 - �11��11' r�tiiwl, 1_ra _FSR - i F_I• s; - -� rte: t; 1. Rif ILII_I_ I_I Iri _II_ wl I_II_ it ■r• �I•rl 1 I_If_ jwjr_ 1 Iw11_. irl IrF.r: iwi I!_II_I 1111►�`./,� _:'�. milli`� t Rrl frilwf - �' rwi _ - a Iiwl' rwl: Ir rl 1_l,. R LRJ i�lrc� ----------- iii - S:\Legal\Our Documents\Ordinances\20\Ordinance Approving Consent Agreement For 01ex DC MUD No 16.Docx ORDINANCE NO. 20-1496 AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING THE DEVELOPMENT AND CONSENT AGREEMENT WITH VS DEVELOPMENT, LLC AND OLEX (UNITED STATES), INC. CONCERNING THE DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 16 AND OTHER RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Chapters 49 and 54 of the Texas Water Code and Section 42.042 of the Texas Local Government Code, Olex (United States) ("Owner"), Inc. filed a Petition for Consent to Creation of Denton County Municipal Utility District No. 16 ("MUD") with the City of Denton; and WHEREAS, the proposed MUD encompasses approximately 552.985 acres of land in Division 2 of the City's exterritorial jurisdiction and is contiguous to the City's corporate boundaries (the "Property"); and WHEREAS, the Owner has entered into a contract to the sell the Property to VS Development, LLC ("Developer"); and WHEREAS, the Developer proposes to develop the Property with 1,523 residential lots, 8 acres of multifamily uses, 30 acres of commercial uses, and approximately 101 acres of floodplain/open space with a hikeibike trails; and WHEREAS, the City Council of the City of Denton adopted Resolution No.ZO' 'on August 18, 2020, conditionally consenting to the creation of the MUD; and WHEREAS, the City's consent to the creation of the MUD is contingent upon the Developer acquiring fee simple title to the Property by August 31, 2021; and WHEREAS, the City's consent to the creation of the MUD is contingent upon the City Council approving an agreement that sets for the mutually agreeable terms and conditions relating to the consent of the MUD and the development of the Property ("Development and Consent Agreement"); and WHEREAS, part of the consideration for the creation of the MUD is the Developer's offer to obligate the MUD to the terms of Development and Consent Agreement and to obligate the MUD to approve a Strategic Partnership Agreement in which the City is guaranteed 50 percent of the sales and use tax collected for commercial uses adjacent to and abutting U.S. Highway 380; whereupon MUD's failure to carry out that Strategic Partnership Agreement obligation will result in immediate rescission of both the Development and Consent Agreement and the MUD; and WHEREAS, it is an essential element of the granting of the City's consent to the creation of the MUD that, after the date on which the MUD's Board of Directors canvasses the results of the election held within the MUD confirming the creation of the MUD, the MUD will approve and execute both the Development and Consent Agreement and the Strategic Partnership Agreement, and become parties to them; NOW, THEREFORE; 1373 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute the Development and Consent Agreement attached hereto as Exhibit "A" with VS Development, LLC and Olex (United States), Inc. concerning the Denton County Municipal Utility District No. 16 and other related matters. SECTION 2. A substantial copy of the Development and Consent Agreement is attached hereto as Exhibit "A" and incorporated herein for all purposes. Minor adjustments to the attached Development and Consent Agreement are authorized, such as filling in blanks and minor clarifications or corrections, and any modifications made by City Council in the approval of this ordinance. SECTION 3. The City Manager, or his designee, is further authorized to carry out all duties and obligations to be performed by the City under the Development and Consent Agreement, unless otherwise reserved in the Development and Consent Agreement for Council approval. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by JP --55e— and seconded by V%Q,p-1 c S , the ordinance was passed and approved by the following vote 16 - 1 1: Aye Nay Abstain Absent Mayor Chris Watts: ✓ Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Jesse Davis, District 3: ✓ John Ryan, District 4: Vol Deb Armintor, At Large Place 5: ✓ Paul Meltzer, At Large Place 6: PASSED AND APPROVED this, the 1"6'h day of St , 2020. CHRIS ATTS, MAYOR Page 2 of 3 1374 ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON I,EAL, CITY ATTORNEY BY: 4$=C —u Page 3 of 3 SF J7 1375 EXHIBIT "A" DEVELOPMENT'AND CONSENT AGREEMENT 1376 DEVELOPMENT AND CONSENT AGREEMENT CONCERNING DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 16 This Development and Consent Agreement Concerning Denton County Municipal Utility District No. 16 (this "Agreement") is entered into by the City of Denton, Texas, a Texas Home Rule municipality (the "City"), VS Development, LLC (the "Developer"), and Olex (United States), Inc. (the "Owner"). The Denton County Municipal Utility District No. 16, a municipal utility district proposed pursuant to Article XVI, Section 59, of the Texas Constitution, Chapters 49 and 54 of the Texas Water Code (the "District"), which District, after the District Confirmation Date (hereinafter defined), will become a parry to this Agreement as set forth below. The City, the Owner, the Developer, and the District are each a "Fjqy" and collectively the "Parties" to this Agreement. This Agreement shall become effective on August 18, 2020 (the "Effective Date"). ARTICLE I RECITALS WHEREAS, the Owner is the purported owner of approximately 552.958 acres in Denton County, Texas, as described on Exhibit A (the "Pro e "); and WHEREAS, all of the Property is located in the City's extraterritorial jurisdiction ("ETF) and contiguous to the City's corporate boundaries; and WHEREAS, the Owner has entered into a contract to sell the Property to the Developer; and WHEREAS, all of the obligations under this Agreement shall be performable by the Developer following the Developer's acquisition of the Property; and WHEREAS, the Property is planned for residential, commercial, and recreational development in accordance with the proposed plat attached as Exhibit S, which has been filed with Denton County for review and approval; and WI 1EREAS, the Owner has submitted a petition to the City to obtain the City's consent to the creation of the District (the "Consent Petition") in accordance with Texas Local Government Code Section 42.042; and WHEREAS, this Agreement is entered into pursuant to Texas Local Government Code Section 212.172 to set out the mutually agreeable terms and conditions relating to the development of the Property, which are the provisions under which the City has adopted its resolution consenting to the creation of the District consistent with Texas Local Government Code Section 42.042 and Texas Water Code Section 54.016; and WHEREAS, part of the consideration for the creation of the proposed municipal utility district is the Developer's offer to obligate the District to approve a Strategic Partnership Agreement in which the City is guaranteed 50 percent of the sales and use tax Development and Consent Agreement Concerning Denton County Municipal Utility District No. 16 Page 1 1230.012\90349.9 1377 collected for commercial uses adjacent and abutting U.S. Highway 380; whereupon District's failure to carry out that obligation will entitle City and Developer to immediate rescission of both this Agreement and the District; and WHEREAS, the City Council of the City of Denton adopted Resolution No. Zy - 13-7 9 on August 18, 2020, conditionally consenting to the creation of the District (the "Consent Resolution"), subject to the terms and conditions set forth in this Agreement; and WHEREAS, it is an essential element of the granting of the City's consent to the creation of the District that, after the date on which the District's Board of Directors (the "Board") canvasses the results of the election held within the District confirming the creation of the District (the "District Confirmation Date"), the District will approve and execute both this Agreement and the Strategic Partnership Agreement, and become parties to them. NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions hereinafter set forth, the Parties contract and agree as follows: ARTICLE II CITY CONSENT TO THE DISTRICT AND RELATED MATTERS 2.1 City Consent. In accordance with the terms of this Agreement, the City conditionally consents to the creation of the District, as described in the Consent Petition and modified by Section 2.8(d) of this Agreement, pursuant to the authority of Article III, Section 52 and Article XVI, Section 59 of the Texas Constitution and Chapters 49 and 54, Texas Water Code, as amended, contingent upon the District's subsequent approval of the Strategic Partnership Agreement providing for the collection of 50 percent of the sales and uses taxes on the commercial uses adjacent to and abutting U.S. Highway 380. The City reserves the right to rescind approval of this Agreement if the Strategic Partnership Agreement fails to materialize or exist, and such rescission is not subject to Section 3.4 of this Agreement. The District shall not convert to another type of district; consolidate with another district; divide into two or more districts; or seek additional governmental powers beyond those granted to the District by the TCEQ in the creation process without prior City Council approval. 2.2 Strategic Partnership Agreement. By this Agreement and the Consent Resolution, the Parties have committed to enter into a Strategic Partnership Agreement for the City to collect 50 percent of the sales and use taxes on the commercial uses in the area subject to the limited purposes annexation, which are the commercial uses adjacent to and abutting U.S. Highway 380, and have approved the concept of the Strategic Partnership Agreement. The City is authorized to adopt the Strategic Partnership Agreement only after such agreement has been adopted by the Board, pursuant to Texas Local Government Code Section 43.0751(e). 2.3 Execution of Agreements by District. The Developer covenants and agrees to cause the District to approve, execute and deliver this Agreement to the City within 30 Development and Consent Agreement Concerning Denton County Municipal Utility District No. 16 Page 2 1230.012\90349.9 1378 days after the District Confirmation Date and to approve, execute and deliver the Strategic Partnership Agreement to the City within 90 days after the District Confirmation Date. 2.4 Denton County Consent. The Developer shall seek consent to the creation of the District from the Denton County Commissioners Court. 2.5 Fire Protection Plan. A Fire Protection Plan between the Developer (on behalf of the District) and Denton County or the fire service provider shall be approved prior to recording of a final plat of the Property. 2.6 Storm Water. The Developer will submit to the City Engineer a courtesy copy of the downstream assessment and conditional letter of map revision (CLOMR) after it is submitted to Denton County and before it is submitted to FEMA. 2.7 Floodplain. The Developer will comply with all US Army Corps of Engineers permitting requirements for floodplains. 2.8 Roadways. (a) The Developer will submit to the City Engineer a courtesy copy of any traffic impact analysis (TIA), drive connection study or traffic signal warrant study after it is submitted to Denton County and before it is submitted to TxDOT. (b) All local residential streets shall have 55 -feet of right of way, with mountable curbs 31 -feet from back -of -curb to back -of -curb. (c) All roadways within the District shall be constructed with concrete or bituminous pavement consistent with the City of Denton Transportation Design Criteria Manual or as determined by a geotechnical pavement design for a 20 -year life span specific to this project and its soil conditions. (d) In no instance shall there be gravel or macadamized roads or a turnpike or other toll road as indicated in the purpose of the District provided in Section X of the Consent Petition. 2.9 Gas Well Setbacks. Single family lots shall be setback a minimum of 200 feet from gas wells, measured in a straight line from the well head to the nearest single family property line (an increase of 100 feet from the current minimum standard established by the International Fire Code that governs in the City's ETJ). If a gas well is capped, the minimum setback will be reduced from 200 feet to 20 feet. The plat attached as Exhibit B demonstrates compliance with the minimum 200 -foot setback. 2.10 Limited Purpose Annexation. The Parties agree that the City shall have the right to annex those portions of the Property that are designated on Exhibit B as Block R, lots 1 and 2 and Block S, lots 1 - 4 along and adjacent to U.S. Highway 380 for the sole and limited purposes for the City to impose its sales and use tax within the boundaries of Development and Consent Agreement Concerning Denton County Municipal Utility District No. 16 Page 3 1230.012\90349.9 1379 such retail areas, pursuant to Texas Local Government Code Section 43.075 1, and to enable contiguity for continued annexation to the west of the Property, should City elect to do so in the future. The terms and conditions upon which such limited purpose annexations may occur shall be set forth in a Strategic Partnership Agreement. The City and the District shall enter into a Strategic Partnership Agreement in a form substantially the same as the form attached as Exhibit C within 90 days after the District Confirmation Date; failing such creation, any party may rescind this Agreement, along with any consent to creation of the District. Such rescission is not subject to Paragraph 3.4. 2.11 Multifamily and Non -Residential Properties Along US 380. (a) Each platted lot located adjacent to US 380 that will be developed with multi -family or nonresidential uses must comply with the Denton Development Code regulations, in effect on the Effective Date, that are applicable to parcels zoned Highway Commercial (HC) including, but not limited to, the following: • Section 3.4 Corridor Districts • Section 3.7 Measurements and Exceptions • Subchapter 5 Use Regulations. Any uses identified as requiring a Specific Use Permit (SUP), would be deemed as a permitted use by right, however any use specific standards would apply. • Section 7.7 Landscaping, Screening Buffering, and Fences • Section 7.8 Access and Circulation • Section 7.9 Parking and Loading • Section 7.10 Site and Building Design • Section 7.11 Exterior Lighting (b) For each platted lot located adjacent to US 380 that will be developed with multi -family or nonresidential uses, the Developer must submit to the City of Denton an application for a Zoning Compliance Plan for approval consistent with those sections or subchapters listed above and build the project in compliance with the approved plan. 2.12 Parks/Trails. The Developer will coordinate with the Parks Department Director to ensure that the termination of the District's trail network is connected to the City's citywide trail network. Development and Consent Agreement Concerning Denton County Municipal Utility District No. 16 Page 4 1230.012\90349.9 1380 ARTICLE III ADDITIONAL PROVISIONS 3.1 Incorporation of Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; (c) are legislative findings of the City Council, and (d) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered into this Agreement. 3.2 Term. This Agreement shall be effective from the Effective Date and shall continue in effect until terminated in writing by mutual agreement of the City and the District. If the Developer has not acquired fee simple title to the Property by August 31, 2021, this Agreement shall automatically terminate on such date and be of no further force or effect. 3.3 Events of Default. No Parry shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given notice (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time determined based on the nature of the alleged failure, but in no event less than 30 days after written notice of the alleged failure has been given). In addition, no Party shall be in default under this Agreement if, within the applicable cure period, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. 3.4 REMEDIES. IF A PARTY IS IN DEFAULT, THE AGGRIEVED PARTY MAY, AT ITS OPTION AND WITHOUT PREJUDICE TO ANY OTHER RIGHT OR REMEDY UNDER THIS AGREEMENT, SEEK ANY RELIEF AVAILABLE AT LAW OR IN EQUITY, INCLUDING, BUT NOT LIMITED TO, AN ACTION UNDER THE UNIFORM DECLARATORY JUDGMENT ACT, SPECIFIC PERFORMANCE, MANDAMUS, AND INJUNCTIVE RELIEF. NOTWITHSTANDING THE FOREGOING, HOWEVER, NO DEFAULT UNDER THIS AGREEMENT SHALL: (a) entitle the aggrieved Party to terminate this Agreement; or (b) adversely affect or impair the effectiveness or validity of any consents given by the City in this Agreement or in the Consent Resolution to the creation of the District; or (c) adversely affect or impair the current or future rights, powers or authority of the District or the day-to-day administration of any of such districts; or (d) limit the term of this Agreement. Development and Consent Agreement Concerning Denton County Municipal Utility District No. 16 Page 5 1230.012\90349.9 1381 3.5 Assignment. The Developer has the right (from time to time without the consent of the City, but upon written notice to the City) to assign this Agreement, in whole or in part, and including any obligation, right, title, or interest of the Developer under this Agreement, to any person or entity (an "Assignee") that is or will become an owner of any portion of the Property or that is an entity that is controlled by or under common control with Developer. Each assignment shall be in writing executed by the Developer and the Assignee and shall obligate the Assignee to be bound by this Agreement to the extent this Agreement applies or relates to the obligations, rights, title, or interests being assigned. A copy of each assignment shall be provided to all Parties within 15 days after execution. From and after such assignment, the City agrees to look solely to the Assignee for the performance of all obligations assigned to the Assignee and agrees that the Developer shall be released from subsequently performing the assigned obligations and from any liability that results from the Assignee's failure to perform the assigned obligations. No assignment by the Developer shall release the Developer from any liability that resulted from an act or omission by the Developer that occurred prior to the effective date of the assignment unless the City approves the release in writing. The Developer shall maintain written records of all assignments made by the Developer to Assignees, including a copy of each executed assignment and the Assignee's notice information as required by this Agreement, and, upon written request from any Party or Assignee, shall provide a copy of such records to the requesting person or entity. The Owner, the City and the District shall not assign this Agreement. An Assignee shall be considered a "Parry" and the "Developer" for the purposes of the rights, title, interest, and obligations assigned to the Assignee. 3.6 Binding Obligations._ This Agreement shall be recorded in the deed records of Denton County. This Agreement, when recorded, shall be binding upon the Parties and their successors and assigns permitted by this Agreement and upon the Property. 3.7 Notice of Known Deficiencies. From time to time upon written request of the Developer or the District, the City Manager will execute a written notice of known deficiencies identifying any obligations of the Developer under this Agreement that are in default or, with the giving of notice or passage of time, would be in default; and stating, to the extent true, that to the best knowledge and belief of the City, the Developer is otherwise in compliance with its duties and obligations under this Agreement. 3.8 Notices. All notices required or contemplated by this Agreement (or otherwise given in connection with this Agreement) shall be in writing, shall be signed by or on behalf of the Party giving the Notice, and shall be effective as follows: (a) on or after the 10th business day after being deposited with the United States mail service, Certified Mail, Return Receipt Requested with a confirming copy sent by E-mail; (b) on the day delivered by a private delivery or private messenger service (such as FedEx or UPS) as evidenced by a receipt signed by any person at the delivery address (whether or not such person is the person to whom the notice is addressed); or (c) otherwise on the day actually received by the person to whom the Notice is addressed, including, but not limited to, delivery in person and delivery by regular mail (with a confirming copy sent by E-mail). Notices given pursuant to this section shall be addressed as follows: Development and Consent Agreement Concerning Denton County Municipal Utility District No. 16 Page 6 1230.012\90349.9 1382 To the City: City of Denton Attn: City Manager 215 E. McKinney St. Denton, Texas 76201 Fax: (940) 382-7923 Email: Todd.Hilemanggityofdenton.com With a copy to: City of Denton Attn: City Attorney 215 E. McKinney St. Denton, TX 76201 Email: Aaron.Lealgcityofdenton.com To the District: Denton County Municipal Utility District No. 16 Attn: President, Board of Directors c/o Coats Rose, P.C. 9 Greenway Plaza, Suite 1000 Houston, Texas 77046 Email: t rg eengcoatsrose.com With a copy to: Attn: Tim Green Coats Rose, P.C. 9 Greenway Plaza, Suite 1000 Houston, Texas 77046 Email: t_r�eengcoatsrose.com To the Owner: Attn: Lars Springman Olex (United States), Inc. 6440 N. Central Expressway, Suite 401 Dallas, TX 76206 To the Developer: Attn: Bob Shelton VS Development, LLC 2925 Country Club Drive, #105 Denton, Texas 76210 Email: bobsheltonksheltonent.com With a copy to: Attn: Misty Ventura Shupe Ventura, PLLC 9406 Biscayne Blvd. Dallas, Texas 75218 Email: misty.venturaksvlandlaw.com 3.9 Interpretation. The Parties acknowledge that each of them has been actively involved in negotiating this Agreement. Accordingly, the rule of construction that any Development and Consent Agreement Concerning Denton County Municipal Utility District No. 16 Page 7 1230.012\90349.9 1383 ambiguities are to be resolved against the drafting Party will not apply to interpreting this Agreement. In the event of any dispute over the meaning or application of any provision of this Agreement, the provision will be interpreted fairly and reasonably and neither more strongly for or against any Party, regardless of which Party originally drafted the provision. 3.10 Authority. The City represents and warrants that this Agreement has been approved by ordinance duly adopted by the City Council in accordance with all applicable public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been duly authorized to do so. The Developer represents and warrants that this Agreement has been approved by appropriate action of the Developer, and that the individual executing this Agreement on behalf of the Developer has been duly authorized to do so. The District represents and warrants that this Agreement has been approved and duly adopted by the Board in accordance with all applicable public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the District has been duly authorized to do so. 3.11 Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, whether oral or written, covering the subject matter of this Agreement. This Agreement shall not be modified or amended except in writing signed by the Parties. 3.12 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, then (a) such unenforceable provision shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible, be rewritten to be enforceable and to give effect to the intent of the Parties; and (c) the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Parties as reflected in the recitals. 3.12 Applicable Law; Venue. This Agreement is entered into under and pursuant to, and is to be construed and enforceable in accordance with, the laws of the State of Texas, and all obligations of the Parties are performable in Denton County. Venue for any action to enforce or construe this Agreement shall be in Denton County. 3.13 Non Waiver. Any failure by a Party to insist upon strict performance by another Party of any material provision of this Agreement shall not be deemed a waiver thereof, and the Party shall have the right at any time thereafter to insist upon strict performance of any and all provisions of this Agreement. No provision of this Agreement may be waived except by writing signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes for which it is given. No waiver by any Party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 3.14 No Third Party Beneficiaries. This Agreement only inures to the benefit of, and may only be enforced by, the Parties. Development and Consent Agreement Concerning Denton County Municipal Utility District No. 16 Page S 1230.012\90349.9 1384 3.15 Form 1295. Submitted herewith is a completed Form 1295 generated by the Texas Ethics Commission's (the "TEC") electronic filing application in accordance with the provisions of Section 2252.908 of the Texas Government Code and the rules promulgated by the TEC (the "Form 1295"). The City hereby confirms receipt of the Form 1295 from the Owner and the Developer, and the City agrees to acknowledge such form with the TEC through its electronic filing application not later than the 30th day after the receipt of such form. The Parties understand and agree that, with the exception of information identifying the City and the contract identification number, neither the City nor its consultants are responsible for the information contained in the Form 1295; that the information contained in the Form 1295 has been provided solely by the Owner; and, neither the City nor its consultants have verified such information. 3.16 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 3.17 Further Documents. Each Party shall, upon request of the other Party, execute and deliver such further documents and perform such further acts as may reasonably be requested to effectuate the terms of this Agreement and achieve the intent of the Parties. 3.18 Exhibits. The following Exhibits are attached to this Agreement and are incorporated herein for all purposes: Exhibit A Metes and Bounds Description of the Property Exhibit B Plat Exhibit C: Strategic Partnership Agreement Form Development and Consent Agreement Concerning Denton County Municipal Utility District No. 16 Page 9 1230.012\90349.9 1385 IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by its undersigned duly authorized representative. ATTEST: CITY OF DENTON ROSA RIOS, CITY SECRETARY By:--, v ��� BY' Name: Todd Hile . an Title: City Manager j Date: STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on f#A05A le , 2020 by Todd Hileman, City Manager of the City of Denton, Texas on behalf of said city. sASmy ID # 131828791 Notaly des Deomher 14, 2022 APPROVED AS TO FORM: AARON LEAL, CITY ATTOR EY By: rA-Q, U ) � —W Development and Consent Agreement Concerning Denton County Municipal Utility District No. 16 0 E" L?"(5 - Notary Public, State of Texas Page 10 1230.012\90349.9 1386 OLEX (UNITED STATES), INC. a Del ►� or- ion B y. ` ..e Name: Lars Spring n Title: President STATE OF TEXAS • 1► •i i This instrument was acknowledged before me, on the t' ! day ofd y , 2020, by Lars Springman, President of Olex (United States), Inc., Delaware corporation, on behalf of said corporation. TPHMIE AD" I;a #tyy t3z21� Notary Public, State of Texas .51 ` .; - Explres.l* 12,2023 Printed Name. My Commission Expires:,, j�Z3 [SEAL] Development and Consent Agreement Concerning Denton County Municipal Utility District No. 16 Page 11 1230 012\90349 9 1387 VS Development, LLC a Texas limited liability company By: _ Name: Title: STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me, on the J� May of 2020, by -App) w,`+C)n , of VSD elopment, LLC, a Texas limited liability company. [SEAL] ��kk111fff" �,.•�nr��ey DEBBIE J. THOMPSON `Notary Public, State of Texas Comm. Expires 07-24-2024 �y'►►,° i +'° Notary ID 132588350 Development and Consent Agreement Concerning Denton County Municipal Utility District No. 16 ���itWate oMfTeAPsM Page 12 1230.012\90349.9 1388 Following the District Confirmation Date, the District has executed the Agreement. DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 16 By: President, Board of Directors Date: STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me, on the day of , 20_, by , President of the Board of Directors of Denton County Municipal Utility District No. 16 on behalf of said District. Notary Public, State of Texas Printed Name: My Commission Expires: [SEAL] Development and Consent Agreement Concerning Denton County Municipal Utility District No. 16 Page 13 1230.012\90349.9 1389 Exhibit A Metes and Bounds Description of the Property Tract 1 144.086 Acres BEING a tract of land situated in the Uberto Allen Survey, Abstract No. 14, William Stonham Survey, Abstract No. 1145 and the Harris Young Survey, Abstract No. 1450, Denton County, Texas and being the remaining portion of a called Tract One (153.488 - acres) described in a General Warranty Deed to Olex (United States), Inc., f/k/a Olex Corporation N. V., recorded in Volume 1129, Page 185, Deed Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an aluminum TXDOT right of way disk found on the westerly line of said Tract One (153.488 -acres), for the northwest corner of a called Parcel 17, described in an Agreed Judgment to the State of Texas, recoded in Instrument No. 2012-80554, Official Records of Denton County, Texas, same being the northeast corner of a called Parcel 16, described in a Deed to the State of Texas, recorded in Instrument No. 2009-71718, Official Records of Denton County, Texas, same also being the current northerly right of way line of U. S. Highway 380, a variable width right of way; THENCE North 00°02'22" West, departing the northerly right of way line of said U. S. Highway 380, along the westerly line of said Tract One (153.488 -acres) and generally along a barbed wire fence, a distance of 2,236.16 feet to a metal fence corner post found for the northwest corner of said Tract One (153.488 -acres), same being the southwest corner of a called 1.931 -acre tract of land, described in a Special Warranty Deed to Vangard Wireless, LP, recorded in Instrument No. 2005-79339, Official Records of Denton County, Texas; THENCE South 89°58'24" East, along the northerly line of said Tract One (153.488 - acres), the southerly line of said 1.931 -acre tract, the southerly line of a called 5.00 -acre tract of land, described in a Warranty Deed to Amanda Noles Nelson, recorded in Instrument No. 2013-92845, Official Records of Denton County, Texas, the southerly line of a called 19.6390 -acre tract of land, described in a Special Warranty Deed to Nancy Kay Jones, recorded in Instrument No. 2010-57685, Official Records of Denton County, Texas, the southerly line of Myers Farm, an addition to the City of Denton, according to the final plat, recorded in Document No. 2011-77, Plat Records of Denton County, Texas, and generally along a barbed wire fence, a distance of 2091.05 feet to a 1/2 -inch iron rod with a yellow plastic cap found for the southeast corner of said Myers Farm, same being the southwest corner of called 21.1455 -acre tract of land described in a Special Warranty Deed to Janis June Myers, recorded in Instrument No. 2010-57683, Official Records of Denton County, Texas; THENCE South 89053'09" East, continuing along the northerly line of said Tract One (153.488 -acres), the southerly line of said 21.1455 -acre tract, and generally along a barbed Exhibit A —Page 1 1230.012\90349.9 1390 wire fence, a distance of 1368.48 feet to a 1/2 -inch iron rod found for the northeast corner of said Tract One (153.488 -acres) and the southeast corner of said 21.1455 -acre tract, same being on the westerly right of way line of F. M. 156, a variable width right of way; THENCE South 17°2847" West, along the easterly line of said Tract One (153.488 -acres) and the westerly right of way line of said F. M. 156, a distance of 94.26 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set at the beginning of a non -tangent curve to the right having a central angle of 15°08'00", a radius of 5659.58 feet, a chord bearing and distance of South 21'13'35" West, 1490.50 feet, from said point, a wooden right of way marker bears South 13°42' West, 3.93 feet; THENCE in a southwesterly direction, continuing along the easterly line of said Tract One (153.488 -acres) and the westerly right of way line of said F. M. 156, along said curve to the right, an arc distance of 1494.85 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner, from which, a wooden right of way marker bears South 03°03' West, 1.20 feet; THENCE South 28047'35" West, continuing along the easterly line of said Tract One (153.488 -acres) and the westerly right of way line of said F. M. 156, a distance of 556.36 feet to an aluminum TXDOT right of way disk found for the northeast corner of aforesaid Parcel 17, same being the intersection of the westerly right of way line of said F. M. 156 with the northerly right of way line of aforesaid U. S. Highway 380; THENCE in a westerly direction, departing the westerly right of way line of said F. M. 156, along the northerly line of said Parcel 17 and the northerly right of way line of said U. S. Highway 380, the following: North 61°04'40" West, a distance of 679.63 feet to an aluminum TXDOT right of way disk found for corner; South 78°35'46" West, a distance of 296.07 feet to an aluminum TXDOT right of way disk found for corner; South 38°16'12" West, a distance of 548.81 feet to an aluminum TXDOT right of way disk found for corner; South 62°08'29" West, a distance of 218.57 feet to an aluminum TXDOT right of way disk found for corner; South 86°00'46" West, a distance of 322.43 feet to an aluminum TXDOT right of way disk found for corner; North 90°00'00" West, a distance of 469.04 feet to aii aluminum TXDOT right of way disk found for corner; Exhibit A — Page 2 1230.012\90349.9 1391 North 87°16'23" West, a distance of 413.60 feet to the POINT OF BEGINNING and containing 144.086 acres (6276387 square feet) of land, more or less. Tract 2 408.899 Acres BEING a tract of land situated in the George W. Anderson Survey, Abstract No. 12, Uberto Allen Survey, Abstract No. 14, Edward F. Anderson Survey, Abstract No. 16, B. B. B & C. RR. Co. Survey, Abstract No. 168, B. B. B & C. RR. Co. Survey, Abstract No. 188, William Stonham Survey, Abstract No. 1145 and the Harris Young Survey, Abstract No. 1450, Denton County, Texas and being the remaining portion of a called Tract Three (425.898 -acres) described in a General Warranty Deed to Olex (United States), Inc., f/k/a Olex Corporation N. V., recorded in Volume 1129, Page 185, Deed Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an aluminum TXDOT right of way disk found on the easterly line of said Tract Three (425.898 -acres), for the southeast corner of a called Parcel 15, described in an Agreed Judgment to the State of Texas, recoded in Instrument No. 2012-80554, Official Records of Denton County, Texas, same being the intersection of the current southerly right of way line of U. S. Highway 380, a variable width right of way with the westerly right of way line of F. M. 156, a variable width right of way; THENCE in a southerly direction, departing the southerly right of way line of said U. S. Highway 380, along the easterly line of said Tract Three (425.898 -acres) and the westerly right of way line of said F. M. 156, the following: South 28°45'02" West, a distance of 581.24 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set at the beginning of a tangent curve to the right having a central angle of 03°49'00", a radius of 5659.58 feet, a chord bearing and distance of South 30°39'32" West, 376.93 feet; in a southwesterly direction, along said curve to the right, an arc distance of 377.00 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner; South 27°44'04" West, a distance of 118.70 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner, from which, a wooden right of way marker bears South 44°02' West, 3.82 feet; South 32°34'02" West, a distance of 1000.02 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner, from which, a wooden right of way marker bears South 42'l 7' West, 2.01 feet; South 38°16'40" West, a distance of 100.50 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner, from which, a wooden right of way marker bears South 44°22' West, 2.44 feet; Exhibit A — Page 3 1230.012\90349.9 1392 South 32°34'02" West, a distance of 1900.00 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner, from which, a wooden right of way marker bears South 2702' West, 8.82 feet; South 26°51'24" West, a distance of 100.50 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner; South 32°34'02" West, a distance of 924.50 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for the beginning of a tangent curve to the left having a central angle of 6°27'51 ", a radius of 2924.79 feet, a chord bearing and distance of South 29°20'06" West, 329.80 feet; in a southwesterly direction, with said curve to the left, an arc distance of 329.97 feet to a PK nail with a washer, stamped "KHA" set in an asphalt road, known as Old Stoney Road, an apparent public use roadway, no record found, for the southeast corner of said Tract Three (425.898 -acres); THENCE South 89039'42" West, departing the westerly right of way line of said F. M. 156, along the southerly line of said Tract Three (425.898 -acres) and along said Old Stoney Road, a distance of 1706.19 feet to a 1/2 -inch iron rod found for the southwest corner of said Tract Three (425.898 -acres); THENCE North 0°02'12" West, departing said Old Stoney Road and along the westerly line of said Tract Three (425.898 -acres), a distance of 5443.65 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set on the southerly line of a called Parcel 14, described in a Deed to the State of Texas, recorded in Instrument No. 2008-19039, Official Records of Denton County, Texas, same being the current southerly right of way line of aforesaid U. S. Highway 380; THENCE in an easterly direction, departing the westerly line of said Tract Three (425.898 -acres) and along the southerly right of way line of said U. S. Highway 380, the following: South 87°16'23" East, passing at a distance of 8.26 feet, an aluminum TXDOT right of way disk found for the south common corner of said Parcel 14 and aforesaid Parcel 15, continuing for a total distance of 1274.95 feet to a point for corner; North 63°54'58" East, a distance of 83.00 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner; South 87°16'24" East, a distance of 299.75 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KRA" set for corner; Exhibit A — Page 4 1230.012\90349.9 1393 North 88'52'11 " East, a distance of 1520.81 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner; North 90°00'00" East, a distance of 160.25 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner; South 85°24'02" East, a distance of 457.49 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner; South 55°26'56" East, a distance of 259.95 feet to an aluminum TXDOT right of way disk found for corner; South 25°29'50" East, a distance of 449.43 feet to an aluminum TXDOT right of way disk found for corner; South 61°21'38" East, a distance of 239.94 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner; South 54°31'02" East, a distance of 100.71 feet to an aluminum TXDOT right of way disk found for corner; South 61°21'39" East, a distance of 91.38 feet to the POINT OF BEGINNING and containing 408.899 acres (17811656 square feet) of land, more or less. Exhibit A — Page 5 1230.012\90349.9 1394 7.1 w lovul X310 9VLWCM ON ioamMdVFi)1 'Ivwwens lvld ANVNMMR ld 0 jai m 4 ��g eir F� h Z Q W — � O W ___ W Z 0, N Z o _ Z }. (� x J ZQ Z W W Z - >- J o J � � Q Z CL Z W J W E � F m ea � w OJ 0- tMA r Z Ea u, a ppd� Z$ 8@ C W oda s8� INA 1395 'tai s .9 I FT 1396 i E. gg i _- g�5 ig � �s l�g AW-- �o qq ° NVI em..Z g '.98 9$Eo. 911� # ae of F Pi E 3'is p5 N w8 d _ 11! ---------------------- .. , 3 N �� 6 G � R N� � ' k •'i {w . A R R d- r.. iY�s-� a. r: R . 1.77Vnh1 it 'II I ....... 3A F.. R ;{ — —t ' - ..- �.� oa�s: .J11 I o •. lIi�m.}ellPt1tI- . x. 21 -kk - Il, i 1 1 Y.Da JN a k z•R R kR R _ � ��QI 4fit. - - - - - - - - - ----- t — y 1 > v �imlr v v F i t I I I S Q� �ij. I paed I g I Sig� Ill gz U 1397 a yyCg �#�a 0,11 i - o: _ em- uj a 36 a� Ml- aNFw��va a�Y�$ q§ -� o 1 ------------- I ` i `\ tiY ` l i It 1 uj LU i i I 1 3 RF a i` 9s � co IVAm CY �$ • ' � �;'z ' ^' �� � �' ��' w �� era � Fl- io I^ •- r, N i q I a 1 I q i . 1 1 �________________ii;L; ___-______-___________1_� _ _ — 4 ;i_ - i2 \ 1 .iCd W 1398 WHO F, fl W Lam_ • . q�q� _= m$� Ul _� SV 2886 gagami WALL • Aga €� � E RW o8��"gym>mr I 4133HS • 3Nn HJ1Vih' �! ----- ---------`------`--- ' q{ , I II 1 - IauWiflFFl, ,.'�� e, ��.�'x•• a � N, I II ' I g� I;: R ���I�� xz.>`� �-�s:.q•, `-,v{� T LU 1 I FSS IT!-n I I ' - 1y� ` ; 1' * ...Gt_?3tl1_S R v� s• 1, i- �'a `� I I I 1` , R A . � R .R Ap x 3 - E • i �cc ;° ` , �` 1 I 11 T l � j � a4 R^Ff _ _ - et it �. �_ _ -. �/•�t+�j , #'�. '1 I Ji i ��;- c$ g S '• 16 qR X S R R _ •R Y� R _ R ����' 11 J . gp17M �' •. a N --------- -_ ( 1 R f � 1 _r- _ a , I ' 1399 C..� I • p ��9YS.S F.. �F �@ CgC 3�s 2EjI�k �� I 9133NS - 3NI'1 HOIVW �F s -• � r • os � lA � �/ LWU —1.j J � •3 .ft ° � N '!�/i @� a;- ��� � a"µ.11' �k e i � I T A� ''' <'/•. �` ' - !. . IR 4 E ii fi' i •'., ; I � ` — — J S'' i��aE��+e/�� Q� 1j .. ib r• � r _ ,� � i g ' / / / < _.. ,,.�1 =< ;- - ,>d,� JJnl . q Ind\ • r dj g / r °; s a �a' a,' @ s uy ® f_ c i E a' -' 3ii• 6 1' and g L � gEL L L CA7T' i i i .v.�nnk�.aranun grass .. , 1400 r 1! I � • n� ' � /3 II IS 1401 K V 'A- 90, Lzs PON�1.t�Ogg I W w,�"'n I ; 1 q �gOy �% 4 E `S w `:�` steal I /i. SE Y¢ �� •�# "vti y'o/. � _ _ I � �/u .� '+6 �� - _ ilr — y" .!.•7 441aaH�c 1 00 ufl . _ \��1 �1�-•- 'li � A' F _ ; -tee: y* � 2 1 -d P RS R P g- A A 1 A E K i E i wi 55 i xwumwo ' 1 R A' A A A I A••A� . �' � I A A l l i d � f 3 1 I 1 y �• ` ' J R I I I I 1 I -- 1 —nuyu � _— • -R' i i 1 d l II 1� a 1402 EXHIBIT C STRATEGIC PARTNERSHIP AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 16 STATE OF TEXAS § COUNTY OF DENTON § This Strategic Partnership Agreement (this "Agreement") is entered into by the City of Denton, Texas, a home rule municipality situated in Denton County, Texas (the "City"), and Denton County Municipal Utility District No. 16, a political subdivision of the State of Texas, acting by and through its duly authorized Board of Directors (the "District"), under the authority of Section 43.0751 of the Texas Local Government Code (the "Local Government Code"). RECITALS M7HEREAS, Local Government Code Section 43.0751 (the "Act") authorizes the City and the District to negotiate and enter into a strategic partnership agreement by mutual consent; and WHEREAS, the District encompasses approximately 552.958 acres, all of which is within the City's extraterritorial jurisdiction and contiguous to the City's corporate boundaries, described by metes and bounds and depicted on Exhibit "A" (the "Property"); and WHEREAS, the City desires to annex certain portions of the Property that have been or may in the future be designated for commercial use for limited purposes for the purpose of collecting Sales and Use Tax Revenues (hereinafter defined); and WHEREAS, subject to the terms of the Agreement, the District consents to the City annexing the commercial use areas of the Development for the sole and exclusive purpose of imposing and collecting sales and use taxes within such areas; and WHEREAS, pursuant to the Act, the Parties desire to enter into this Agreement to accomplish the annexation by the City for the sole and exclusive purpose of imposing and collecting sales and use taxes within the commercial use areas of the Limited Purpose Property (hereinafter defined); and WHEREAS, pursuant to this Agreement, the City will pay to the District an amount equal to a portion of such Sales and Use Tax Revenues (hereinafter defined), which may be used by the District to fund the installation and construction of infrastructure and for other purposes as set forth in Section 4.3 of this Agreement; and WHEREAS, the City and the District acknowledge that this Agreement provides benefits to each parry, including revenue, services and regulatory benefits. Page C-1 of C-13 1230.012\90719.4 1403 NOW, THEREFORE, for and in consideration of the mutual agreements, covenants and conditions contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the District agree as follows: ARTICLE I FINDINGS A. The District is a municipal utility district encompassing, in part, approximately 5 52.95 8 acres that is within the City's extraterritorial jurisdiction. B. The District was created by the Texas Commission on Environmental Quality (the "TCEQ"), pursuant to Article XVI, Section 59, and Article III, Section 52(b)(3), of the Texas Constitution, and Chapters 49 and 54 of the Texas Water Code, as amended. C. On August 18, 2020, the City Council adopted Resolution No. consenting to the creation of the District (the "Consent Resolution"). D. The District provided notice of two public hearings concerning the adoption of this Agreement following the District's notification procedures for other matters of public importance, in accordance with the procedural requirements of the Act. E. The Board of Directors of the District conducted two public hearings regarding this Agreement, at which members of the public who wished to present testimony or evidence regarding this Agreement and the proposed limited purpose annexation were given the opportunity to do so, in accordance with the procedural requirements of the Act, on , 202_, at p.m. at , and on , 202_, at p.m. at F. The Board of Directors of the District adopted and approved this Agreement on , 202_, in open session at a meeting held in accordance with Chapter 551 of the Texas Government Code. G. The City provided notice of two public hearings concerning the adoption of this Agreement by publishing said notices in a newspaper of general circulation in the City and in the District, in accordance with the procedural requirements of the Act. H. The City Council conducted two public hearings regarding this Agreement, at which members of the public who wished to present testimony or evidence regarding this Agreement and the proposed limited purpose annexation were given the opportunity to do so, in accordance with the procedural requirements of the Act, on , 202_, at p.m. at the City Council Chambers, and on , 202_, at p.m. at the City Council Chambers. I. The City Council adopted and approved this Agreement on , 202_, in open session at a meeting held in accordance with Chapter 551 of the Texas Government Code, which approval occurred after the Board of Directors of the District approved this Agreement. Page C-2 of C-13 1230.012\90719.4 1404 I All procedural requirements imposed by law for the adoption of this Agreement have been met. K. In accordance with the requirements of Subsection (p)(2) of the Act, this Agreement provides benefits to the City and the District, including revenue, services and regulatory benefits which are reasonable and equitable with regard to the benefits provided to the other. L. The Act authorizes the City and the District to enter into this Agreement to define the terms under which services, if any, will be provided to City and the District and under which the District will continue to exist after the Property is annexed for limited purposes pursuant to this Agreement. M. This Agreement does not require the District to provide revenue to the City solely for the purpose of an agreement with the City to forgo annexation of the District. N. All the terms contained in this Agreement are lawful and appropriate to provide for the provision of municipal services. O. The City and the District negotiated this Agreement by mutual consent; the terms of the Agreement are not a result of the City's annexation plan or any arbitration between the City and District. ARTICLE II DEFIMT I ONS Terms used in this Agreement shall have the following meanings: "Act" means the Texas Local Government Code, Section 43.0751, and any amendments thereto. "Agreement" means this Strategic Partnership Agreement between the City and the District. "Board of Directors" means the Board of Directors of the District. "City" means the City of Denton, Texas, a home rule municipality of the State of Texas. "City Manager" means the chief administrative employee of the City, or his or her authorized designee. "City Council" means the City Council of the City. "City Share" means the City's share of the Sales and Use Tax Revenues as defined by Section 4.2 of this Agreement. Page C-3 of C-13 1230.012\90719.4 1405 "Commercial Property" means those certain tracts within the District that are adjacent and abutting U.S. Highway 380, which tracts are within the City's ETJ. "Comptroller" means the Comptroller of Public Accounts for the State of Texas. "Consent Resolution" means the City's Resolution No. consenting to the creation of the District. "Development and Consent Agreement" means the Development and Consent Agreement effective August 18, 2020, regarding development of the Property. "District" means Denton County Municipal Utility District No. 16. "District Share" means the District's share of the Sales and Use Tax Revenues as defined by Section 4.2 of this Agreement. "ETJ" means the extraterritorial jurisdiction of a city as defined by the Local Government Code, as amended. "Effective Date" means the date on which the City adopts this Agreement, after it has been approved, adopted, and executed by the District. "Government Code" means the Texas Government Code, as amended. "Implementation Date" means the date the limited -purpose annexation ordinance is passed by City Council pursuant to Section 3.4, 3.5, and 3.6. "Limited Purpose Annexation Period" means the period commencing on the effective date of the limited purpose annexation of the Limited Purpose Property and ending upon the full purpose annexation or disannexation of such property. "Limited Purpose Property" means the property in the District that is within the City's ETJ and is annexed pursuant to Section 3.4, 3.5, and 3.6. "Local Government Code" means the Texas Local Government Code, as amended. "Notice" means notice as defined in Section 9.1 of this Agreement. "Party" means, individually, the City or the District, their successors and assigns as permitted by Section 8.8 of this Agreement. "Property" means the approximately 552.958 acres located partially within the City's extraterritorial jurisdiction, described by metes and bounds and depicted on Exhibit "A." "Sales and Use Tax Revenues" means those revenues received by the City from the sales and use tax authorized to be imposed by the City on sales consummated at locations within the Page C-4 of C-13 1230.012\90719.4 1406 Limited Purpose Property pursuant to the Act and Chapter 321 of the Tax Code and whose use is not otherwise controlled or regulated, in whole or in part, by another governmental entity, authority or applicable law, ordinance, rule or regulation. "Tax Code" means the Texas Tax Code, as amended. ARTICLE III ADOPTION OF AGREEMENT AND LIMITED PURPOSE ANNEXATION OF COMMERCIAL PROPERTY 3.1 Public Hearings. The District and the City acknowledge and agree that prior to the execution of this Agreement, the governing bodies of the District and the City have conducted two public hearings for the purpose of considering the adoption of this Agreement and that such hearings were noticed and conducted in accordance with the terms of the Act, this Agreement and Chapter 551 of the Government Code. 3.2 Effective Date. Pursuant to Subsection (c) of the Act, this Agreement is effective on the date of adoption of this Agreement by the City. 3.3 Filing in Property Records. The District shall file this Agreement in the Real Property Records of Denton County, Texas. This Agreement binds each owner and future owner of land included within the District's boundaries in accordance with Subsection (c) of the Act. 3.4 Limited Purpose Annexation of Commercial Property. The District and the City agree that the City may annex all or any portion of the Commercial Property for the limited purpose of collecting Sales and Use Tax Revenues within the Commercial Property pursuant to Subsection (k) of the Act. The District acknowledges that the City Council may adopt one or more limited purpose annexation ordinances at one or more meetings conducted in accordance with Chapter 551 of the Government Code and further acknowledges that no additional notices, hearings or other procedures are required by law in order to approve such limited purpose annexations. The City may annex for limited purposes any portion of the Commercial Property at any time after Owner, or any subsequent owner of the Commercial Property, submits a final plat for such property to the City. 3.5 Limited Purpose Annexation of Additional Commercial Property. If in the future any non-commercial land within the District as of the Effective Date is converted to any commercial use, the District and the City agree that the City may annex such additional commercial land (the "Additional Commercial Property") for the sole and exclusive purpose of imposing Sales and Use Tax Revenues within the Additional Commercial Property, pursuant to this Agreement. The District acknowledges and agrees that the City Council may adopt a limited purpose annexation ordinance applicable to the Additional Commercial Property at a meeting conducted in accordance with Chapter 551 of the Texas Government Code and that no further notices, hearings, or other procedures shall be required to adopt such limited purpose annexation ordinance. The City may annex for limited purposes any portion of the Commercial Property at any time after Owner, or any subsequent owner of the Commercial Property, submits a final plat for such property to the City. Page C-5 of C-13 1230.012\90719.4 1407 3.6 Limited Purpose Annexation of Connecting Land. The District and the City further agree that the City may limited purpose annex additional land within the District (up to a maximum width of 1,001 feet) as reasonably necessary to connect the Commercial Property or Additional Commercial Property to the corporate or extraterritorial limits of the City (the "Connecting Limited Purpose Property"). The City may annex Connecting Limited Purpose Property for the sole and exclusive purpose of imposing sales and use taxes pursuant to this Agreement. The District acknowledges and agrees that the City Council may adopt a limited purpose annexation ordinance applicable to the Connecting Limited Purpose Property at a meeting conducted in accordance with Chapter 551 of the Texas Government Code and that no further notices, hearings, or other procedures shall be required to adopt such limited purpose annexation ordinance. 3.7 Limited Purpose Property and Sales and Use Tax Revenues. For purposes of this Agreement, the Commercial Property, Additional Commercial Property, and Connecting Limited Purpose Property shall collectively be referred to as the "Limited Purpose Property"; and the sales and use taxes collected within the Limited Purpose Property shall be referred to as the "Sales and Use Tax Revenues". 3.8 Consent to Limited Purpose Annexation. The District, on behalf of itself and all present and future owners of land within the District, hereby requests that the City annex the Limited Purposes Property for limited purposes as provided in this Agreement. The District expressly consents to annexation, from time to time, and to the collection of Sales and Use Tax Revenues by the City within such Limited Purpose Property. Such consent shall bind the District and all current and future owners of land within the District. ARTICLE IV TAXATION AND PROVISIONS OF SERVICES 4.1 Collection of Sales and Use Tax Revenues. The City may impose a sales and use tax within the Limited Purpose Property pursuant to Subsection (k) of the Act. The sales and use tax shall be imposed on all eligible commercial activities at the rate allowed under the Tax Code and imposed by the City. Collection of the Sales and Use Tax Revenues shall take effect on the date described in Section 321.102 of the Tax Code. 4.2 Payment of Sales and Use Tax. In return for the benefits received by the City pursuant to this Agreement, the City shall pay to the District an amount equal to 50% of the Sales and Use Tax Revenues collected within the Limited Purposes Property commencing upon the effective date of the limited purpose annexation of the Limited Purpose Property. All amounts payable to the District are hereafter referred to as the "District Share." The City shall pay the District Share within 30 days after the City receives the sales tax report reflecting such revenue from the Comptroller. Any payment of the District Share not made within such 30 day period shall bear interest calculated in accordance with Section 2251.025 of the Government Code. The City shall retain all Sales and Use Tax Revenues that do not constitute the District Share (the "City Share"). Page C-6 of C-13 1230.012\90719.4 1408 4.3 Use of the Sales and Use Tax Revenues. The District may use the District Share for a n y l a w fu l p u r p o s e. The City may use the City Share for any lawful purpose. 4.4 Delivery of Sales Tax Reports to District. The City shall deliver to the District a condensed version of each monthly area sales tax report provided by the Comptroller, containing only the contents of the sales tax report relating to retail sales and retailers in the Property within 30 days of City's receipt of the sales tax report. 4.5 Notification of Comptroller. The City shall send notice of this Agreement, together with other required documentation, to the Comptroller in the manner provided by Section 321.102 of the Tax Code, after the City Council annexes any portion of the Limited Purpose Property for limited purposes. 4.6 Termination of Sales and Use Tax Sharing. Upon termination of this Agreement, the City shall have no further financial obligation to the District pursuant to this Agreement. 4.7 City Audit Rights. The District is required by law to prepare an annual audit within 120 days after the close of the District's fiscal year, subject to the exemptions provided under Section 49.198 of the Texas Water Code allowing for the District to file annual financial reports with the executive director of the TCEQ in lieu of conducting an annual audit if it meets certain criteria. The District shall provide a copy of its annual audit or annual financial report to City within 30 days after the audit or financial report is completed. City may audit the District's expenditures made with the Sales and Use Tax revenue paid under Section 4.2, solely to determine whether the expenditures have been made by the District in accordance with Section 4.3. Any audit shall be made at City's sole cost and expense and may be performed at any time during regular business hours by City's internal auditors or an independent auditing firm on 30 days written notice to the District. For the purpose of any audits made by the City, the District shall maintain and make available to City or its representatives all books, records, documents and other evidence of accounting procedures or practices in whatever form maintained sufficient to reflect the expenditure of all Sales and Use Tax revenues that are subject to this Agreement. A R TICIF .F V TERM This Agreement commences and binds the Parties on the Effective Date and continues until the City annexes the Limited Purpose Property for full purposes or disannexes the Limited Purpose Property. Any rights or privileges of the Parties and their successors or assigns under this Agreement will terminate upon the expiration or termination of this Agreement. If the City elects to annex the Limited Purpose Property for full purposes or disannex the Limited Purpose Property, the City will provide written notice to the District at least 180 days before such annexation or disannexation. If the District elects to dissolve, it shall provide written notice to the City at least 180 days before the dissolution. Page C-7 of C-13 1230.012\90719.4 1409 ARTICLE VII BREACH, NOTICE AND REMEDIES 7.1 Notification of Breach. If either Party commits an alleged breach of this Agreement, the non -breaching Parry shall give Notice to the breaching Parry that describes the alleged breach in reasonable detail. A Party receiving such Notice shall determine (i) whether a failure to comply with a provision has occurred; (ii) whether the failure is excusable; and (iii) whether the failure has been cured or will be cured by the purportedly breaching Parry. The Parties shall make available to each other such records, documents, or other information necessary to make these determinations upon reasonable written request. 7.2 Cure of Breach. The breaching Parry shall commence curing such breach within 15 calendar days after receipt of Notice of the breach and shall complete the cure within 30 calendar days from the date of commencement of the cure; however, if the breach is not reasonable susceptible to cure by the breaching Parry within such 30 day period, the non -breaching Party shall not bring any action so long as the breaching Parry has commenced to cure the breach within such 30 day period and diligently completes the cure within a reasonable time without unreasonable cessation. A Party providing Notice of a breach may provide for a longer period of time to cure the alleged failure within its written notice 7.3 Remedies for Breach. If the breaching Parry does not cure such material breach within the stated period of time, the non -breaching Party may, in its sole discretion, and without prejudice to any other right under this Agreement, law, or equity, seek relief available at law or in equity, including, but not limited to, an action under the Uniform Declaratory Judgment Act, specific performance, mandamus and injunctive relief. Damages, if any, to which any non - breaching Parry may be entitled shall be limited to actual damages and shall not include special or consequential damages. In addition, the prevailing parry in any such action shall be entitled to reasonable attorney's fees and costs of litigation as determined in a final, non -appealable order in a court of competent jurisdiction. ARTICLE VIII ADDITIONAL PROVISIONS 8.1 Notices. All required notices under this Agreement ("Notice") shall be in writing and shall become effective as follows: (a) on the 10th business day after being deposited with the United States mail service, postage prepaid, Certified Mail, Return Receipt Requested, addressed to the Parry to be notified; (b) on the day delivered by private delivery or private messenger service (such as FedEx or UPS) as evidenced by a receipt signed by any person at the delivery address (whether or not such person is the person to whom the Notice is addressed); or (c) otherwise on the day actually received by the person to whom the Notice is addressed, including, but not limited to, delivery in persona and delivery by regular mail. All Notices given pursuant to this section shall be addressed as follows: To the City: City of Denton Attn: City Manager 215 E. McKinney St. Page C-8 of C-13 1230.012\90719.4 1410 Denton, Texas 76201 Fax: (940) 382-7923 Email: Todd.Hileman6c,,cityofdenton.com With a copy to: City of Denton Attn: City Attorney 215 E. McKinley St. Denton, TX 76201 Email: Aaron.Lealgcityofdenton.com If to the District: Denton County Municipal Utility District No. 16 Attn: President, Board of Directors c/o Coats Rose, P.C. 9 Greenway Plaza, Suite 1000 Houston, Texas 77046 Email: t reengcoatsrose.com With a copy to: Attn: Tim Green Coats Rose, P.C. 9 Greenway Plaza, Suite 1000 Houston, Texas 77046 Email: t rg een@coatsrose.com 8.2 No Waiver. Any failure by a Parry to insist upon strict performance by the other Party of any provision of this Agreement shall not be deemed a waiver thereof, and the Parry shall have the right at any time thereafter to insist upon strict performance of any and all of the provisions of this Agreement. No provision of this Agreement may be waived except in writing signed by the Party waiving such provision. Any waiver shall be limited to the specific purpose for which it is given. No waiver by any Parry hereto of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 8.3 Governing Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Texas, as they apply to contracts performed within the State of Texas and without regard to any choice of law rules or principles to the contrary. The Parties acknowledge that this Agreement is performable in Denton County, Texas, and hereby submit to the jurisdiction of the courts of Denton County, Texas, and agree that any such court with proper jurisdiction shall be a proper forum for the determination of any dispute arising hereunder. 8.4 Authority to Execute. The City warrants that this Agreement has been approved by the City Council in accordance with all applicable public meeting and public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been authorized to do so. The Page C-9 of C-13 1230.012\90719.4 1411 District warrants that this Agreement has been approved by the Board in accordance with all applicable public meeting and public notice requirements (including, but not limited to, notices required by the Open Meetings Act) and the individual executing this Agreement on behalf of the District has been authorized to do so. 8.5 Entire Agreement; Severability. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, whether oral or written, covering the subject matter of this Agreement. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, then (a) such unenforceable provision shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible, be rewritten to be enforceable and to give effect to the intent of the Parties; and (c) the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Parties. 8.6 Changes in State or Federal Law. If any state or federal law changes so as to make it impossible for the City or the District to perform its obligations under this Agreement, the Parties will cooperate to amend this Agreement in such a manner that is most consistent with the original intent of this Agreement and legally possible. 8.7 Additional Documents and Acts. The Parties agree that at any time after execution of this Agreement, they will, upon request of the other Parry, execute and/or exchange any other documents necessary to effectuate the terms of this Agreement and perform any further acts as the other Parry may reasonably request to effectuate the terms of this Agreement. 8.8 Assi na�bility, Successors and Assigns. This Agreement shall not be assignable by any Parry without the other Party's written consent. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective officers, directors, partners, employees, representatives, agents, vendors, grantees and/or trustees, heirs, executors, administrators, legal representatives, successors and assigns, as authorized herein. No assignment by a Party will be valid or enforceable unless all of the following conditions have been satisfied: a. The assignment of the Agreement must be evidenced by a recordable document (the "Assignment"), the form of which must be approved in writing by the Parties (such approval not to be unreasonably withheld); b. The Assignment must expressly contain, among other reasonable requirements and/or conditions of the Parties, an acknowledgment and agreement that all obligations, covenants, and/or conditions contained in the Agreement will be assumed solely and completely by the assignee, and also contain the name, address, phone number, and electronic mail address of the assignee; the Assignor must file any approved, executed Assignment in the Land Records of Denton County, Texas; and d. Assignor shall provide the other Parry with a file -marked copy of the Assignment within ten (10) days of filing the same. Page C-10 of C-13 1230.012\90719.4 iiEIK 8.9 Amendment. This Agreement may be amended only by written agreement with approval of the governing bodies of both the City and the District. 8.10 Interpretation. The Parties acknowledge that each Parry ( and if it so chooses, its counsel) has reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Parry shall not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Unless otherwise specified, as used in this Agreement, the term "including" means "including, without limitation" and the term "days" means calendar days, not business days. Wherever required by the context, the singular shall include the plural, and the plural shall include the singular. Each defined term herein may be used in its singular or plural form whether or not so defined. Headings in this Agreement are for the convenience of the Parties are not intended to be used in construing this document. 8.11 No Third -Party Beneficiaries. This Agreement is solely for the benefit of the City and the District. Neither the City nor the District intends by any provision of this Agreement to create any rights in any third -party beneficiaries or to confer any benefit or enforceable rights under this Agreement or otherwise upon anyone other than the City and the District. 8.12 Governmental Powers. By execution of this Agreement, neither the City nor the District waives or surrenders any of its respective governmental powers, immunities or rights, except as specifically waived pursuant to this section. The City and the District mutually waive their governmental immunity from suit and liability only as to any action brought by a Party to pursue the remedies available under this Agreement and only to the extent necessary to pursue such remedies. Nothing in this section shall waive any claims, defenses or immunities that the City or the District has with respect to suits against the City or the District by persons or entities not a party to this Agreement. 8.13 Incorporation of Exhibits by Reference. All exhibits attached to this Agreement are incorporated into this Agreement by reference for the purposes set forth herein, as follows: Exhibit A Legal Description and Map of Property Exhibit B Plan Depicting Commercial Property 8.14 Counterpart Ori . i.„g nals. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original. 8.15 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; and (c) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the Page C-11 of C-13 1230.012\90719.4 1413 recitals, would not have entered into this Agreement, and the recitals are incorporated as part of the Agreement's terms. 8.16 Voting Rights in the District. Upon annexation of the Commercial Property for limited purposes by City, any qualified voters within the Commercial Property may vote in City elections, pursuant to Local Government Code §43.130(a). Voting rights are subject to all state and federal laws and regulations. City will comply with all the notice requirements as set forth in §43.130 of the Local Government Code, as it now exists or hereafter amended. 8.17 Reservation of Rights. To the extent not inconsistent with this Agreement, each Party reserves all rights, privileges, and immunities under applicable laws. By entering into and executing this Agreement, City does not in any way waive, limit, or surrender its sovereign immunity. 8.18 Authority for Execution. All signatories certify and represent that the execution of this Agreement is duly authorized and adopted in conformity with applicable law, and the signatory has been provided with all authority, consent, and/or permissions necessary to bind his/her respective principal to the terms set forth in this Agreement. The District certifies and represents that the execution of this Agreement is duly authorized and adopted by its Board of Directors. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page C-12 of C-13 1230.012\90719.4 1414 [INSERT SIGNATURE PAGES] Page C-13 of C-13 1230.012\90719.4 1415 TRANSPORTATION CODE TITLE 6. ROADWAYS SUBTITLE E. MUNICIPAL STREETS CHAPTER 316. USE OF MUNICIPAL STREETS AND SIDEWALKS FOR PUBLIC CONVENIENCES AND AMENITIES OR FOR PRIVATE USES SUBCHAPTER A. USE OF MUNICIPAL STREETS AND SIDEWALKS FOR PUBLIC CONVENIENCES AND AMENITIES Sec. 316.001. DEFINITIONS. In this subchapter: (1) "Municipal street" means the entire width of a way held by a municipality in fee or by easement or dedication that has a part open for public use for vehicular travel. The term does not include a designated state or federal highway or road or a designated county road. (2) "Roadway" means the portion of a municipal street that is improved, designed, or ordinarily used for vehicular travel. The term does not include a curb, berm, or shoulder. (3) "Sidewalk" means the portion of a municipal street between the curb lines or lateral lines of a roadway and the adjacent property lines that is improved and designed for or is ordinarily used for pedestrian travel. (4) "Sidewalk cafe" means an outdoor dining area that is located on a sidewalk and that contains removable tables, chairs, planters, or related appurtenances. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 316.002. PERMITTED IMPROVEMENTS OR FACILITIES ON MUNICIPAL STREET. (a) The governing body of a municipality may permit a person described by Subsection (b) to use property in the municipality on which a municipal street is located for the establishment or maintenance of: (1) trees or decorative landscaping, including landscaping lighting, watering systems, or other accessories for the maintenance of the trees or landscaping; (2) a sidewalk cafe that is: (A) contiguous to a restaurant in which food 1 1416 preparation, sanitation, and related services for the cafe are performed; and (B) open to the air, except for any canopy, and not enclosed by fixed walls; (3) an ornamental gate, column, or other ornamental work denoting the entrance to a neighborhood or platted and recorded subdivision; (4) a supportive or decorative column, arch, or other structural or decorative feature of a building that is: (A) of historical value or of unusual architectural design, character, or significance; and (B) 50 or more years old at the time of application for a permit for the establishment or maintenance of the feature; or (5) an amenity fox the convenience of the public in the use of the municipal streets for pedestrian or vehicular travel, including a transit bus shelter, drinking fountain, or bench. (b) The governing body may grant permission under Subsection (a) only to: (1) a person who owns the underlying fee title to the real property; or (2) an entity that holds a lease of the property from or has written permission to use the property from a person who owns the underlying fee title to the real property. (c) An ornamental work described by Subsection (a)(3) may display the name of the neighborhood or subdivision, but may not contain commercial advertising or other signs. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 316.003. FINDING REQUIRED. An improvement or facility described by Section 316.002(a) may not be established unless the governing body of the municipality, or a municipal official who is designated by ordinance to make the finding, finds that: (1) the improvement or facility will not be located on, extend onto, or intrude on: (A) the roadway; or (B) a part of the sidewalk needed for pedestrian 2 1417 use; (2) the improvement or facility will not create a hazardous condition or obstruction of vehicular or pedestrian travel on the municipal street; and (3) the design and location of the improvement or facility includes all reasonable planning to minimize potential injury or interference to the public in the use of the municipal street. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 316.004. PERMIT PROGRAM. (a) A municipality by ordinance may establish a permit program under this subchapter. (b) The governing body of the municipality shall include in the ordinance: (1) provisions the governing body determines are necessary or desirable to protect, at the site of an applicant's proposed facility, the public, utility companies, and any person who has the right to use the municipal street; (2) provisions that require: (A) clearances between the facility or improvement and utility lines that comply with clearances from structures to utility lines required by a nationally recognized building code; (B) a permit holder to provide a cash or surety bond in an amount approved by the municipality sufficient to cover the costs for the municipality or a public utility to remove the permit holder's facilities or improvements; and (C) a permit holder to pay the costs to relocate a municipal or public utility facility or improvement in a municipal street associated with the installation of a facility or improvement of the permit holder; and (3) a provision authorizing the municipality or a utility company or other person authorized by the municipality to remove, without liability, any part of a facility for which a permit has been issued if there is a lawful need for the site or for access to the site. (c) The governing body may include in the ordinance: 3 1418 (1) construction, maintenance, operation, and inspection requirements; (2) public liability insurance requirements; (3) a requirement that the applicant or permit holder pay for traffic and safety studies; (4) provisions for conducting a public hearing on the issuance, renewal, or revocation of a permit, with notice and reporting expenses of the hearing to be paid by the applicant or permit holder; (5) a requirement for indemnity agreements by abutting fee title land owners in the form of covenants that run with the title to the abutting land; or (6) a provision that authorizes the governing body, at its discretion, to terminate the permit without notice to the permit holder. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 316.005. RENEWAL OF PRIOR PERMIT. The renewal of a permit issued before April 30, 1985, for an improvement or facility described by Section 316.002(a) must be renewed in the same manner as a permit issued under this subchapter. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 316.006. USE OF MUNICIPAL MONEY OR EMPLOYEE FOR PERMITTED FACILITY. A municipality may use or permit the use of municipal money or an employee with respect to a facility operated under a permit issued under this subchapter only for inspections or removal. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 316.007. IMPROVEMENT OR FACILITY ESTABLISHED OR MAINTAINED BY MUNICIPALITY. (a) A municipality may establish or maintain, with municipal money, material, equipment, or personnel, an improvement or facility described by Section 316.002(a)(1) or (5) without a permit, regardless of whether the municipality establishes a permit program under this chapter. (b) A municipality must make the finding required by Section 4 1419 316.003 regarding an improvement or facility the municipality proposes to place on a municipal street. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 316.008. PUBLIC AND GOVERNMENTAL ACTIONS AND FUNCTIONS OF MUNICIPALITY. The following actions of a municipality are public and governmental actions and functions, are exercised for a public purpose, and are matters of public necessity: (1) granting a permit authorized by this subchapter; (2) permitting the use of a municipal street for a purpose authorized by Section 316.002 under a permit authorized by this subchapter; and (3) establishing or maintaining, with municipal money, material, equipment, or personnel, an improvement or facility described by Section 316.002(a)(1) or (5). Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 316.009. RIGHT OF ABATEMENT. This chapter does not impair the right of a municipality or other person to abate an unlawful obstruction or use of a municipal street. Acts 1995, 74th Leg. , ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 316.010. POLITICAL SUBDIVISION NOT REQUIRED TO OBTAIN PERMIT. This chapter does not require a political subdivision of this state to obtain a permit to establish or maintain an improvement or facility authorized by other law. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. SUBCHAPTER B. USE OF STREETS AND SIDEWALKS FOR PRIVATE PURPOSE Sec. 316.021. MUNICIPAL PERMISSION TO USE STREET OR SIDEWALK FOR PRIVATE PURPOSE. A municipality may permit and prescribe the consideration and terms for the use of a portion of a municipal street or sidewalk for a private purpose if the use does not: (1) interfere with the public use of the street or sidewalk; or 5 1420 (2) create a dangerous condition on the street or sidewalk. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. 0 1421 RECEIVED j N r Jon Niermann, Chairman � is pF AUG 2 5 1011 Emily Lindley, Commissioner �' r City Manager's / City Bobby ]anecka, Commissioner i Secretary's office Toby Baker, Fxecutive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Proteclinq Texas by Reducing and Preventing Pollution August 11, 2021 Mr. Tim Green Denton County MUD No. 16 c/o Coats Rose, PC 14755 Preston Road, Suite 600 Dallas, Texas 75254 Re: Denton County Municipal Utility District No. 16, Order approving the Creation of the District Dear Mr. Green: Enclosed is a certified copy of an Order issued by the Texas Commission on Environmental Quality regarding the referenced matter. This action is taken under authority delegated by the Executive Director of the Texas Commission on Environmental Quality. Should you have a question, please contact Mr. games Walker at (512)239-2532. Sinc ely, Cari-Michel La Caille, Deputy Director Water Supply Division CML/jkw Enclosures ccs: Mailing list P.O. Box 13087 • Austin, Texas 78711-3087 • 312-239-1000 • tceq.texas.gov How is our customer service? tceq.texas.gov/customersurvey printed op r-c� 1,d paper 9 ,? ;A MAILING LIST Denton County Municipal Utility District No. 16 TCEQ Internal Control No. D-12012020-002 Mr. Tim Green Coats Rose, PC 9 Greenway Plaza, Suite 1000 Houston, Texas 77046-0900 Mr. Thomas L. Fletcher, P.E. Kimley-Horn and Associates, Inc. 6160 Warren Parkway, Suite 210 Frisco, Texas 75034-9741 Ms. Alyssa Taylor TCEQ Region 4 2309 Gravel Drive Fort Worth, Texas 76118-6951 The Honorable Tan Parker State Representative, District No. 63 Room 4N.7 P.O. Box 2910 Austin, Texas 78768-2910 The Honorable Lyrul Stuckey State Representative, District 64 Room E2.410 P.O. Box 2910 Austin, Texas 78768-2910 The Honorable Pat Fallon State Senator, District 30 P.O. Box 12068 Capital Station Austin, Texas 78711-2068 The Honorable Jane Nelson State Senator, District 12 P.O. Box 12068 Capital Station Austin, Texas 78711-2068 Denton County Attn: Juli Luke, County Clerk 1450 East McKinney Street Denton, Texas 76209-4524 City of Denton Attn: Rosa Rios, City Secretary 215 East McKinney Street Denton, Texas 76201-4229 Texas Commission on Environmental Quality P. 0. Box 13087 Austin, Texas 78711-3087 Todd Galiga, Senior Attorney, Environmental Law Division, MC -173 Kayla Murray, Attorney, Environmental Law Division, MC -173 James Walker, Technical Manager, Districts Creation Review Team, MC -152 Chris Jones, Districts Creation Review Team, MC -152 Dan Finnegan, Team Leader, Districts Bond Review Team, MC -152 Kent Steelman, Districts Section, Water Supply Division, MC -153 Vic McWherter, Office of the Public interest Counsel, MC -103 I* N r North Central Texas Council of Governments Centerpoint 111 616 Six Flags Drive Arlington, TX 76011-6347 Bolivar Water Supply Corporation 4151 FM 455 West Sanger, Texas 76266 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY THE STAT� Or TOCAS CO] JN'rV aF I RAMS i uFxEa� a ,nn`ra.v : Fps an mice gNncona�r c6Qv yr !l OF AD;Mmmk'WC"'UN FC:-.iY.f�l A�EfFF.•i qui urr 6+1CIIMERWHIa LfILED IH THE:CN/J.NESif HEC0P= a T i �_ = Of']YE(OMMISSION. RP�i+urNr;P AP/NAPA AIOI,'� lP%�1S � lDPP O M l:IBi�2YALy P►,,y/F� AN ORDER GRANTING THE PETITION FOR CREATION OF DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 16 AND APPOINTING TEMPORARY DIRECTORS A petition by Olex, Inc., a Delaware corporation (Petitioner), was presented to the Executive Director of the Texas Commission on Enviromnental Quality (TCEQ) for approval of the creation of Denton County Municipal Utility District No. 16 (District) pursuant to Article XVI, Section 59 of the TExa.s CONSTITUTION and TEX. WATER CODE Chapters 49 and 54. The TCEQ after having considered the petition, application material, and memorandum from the Executive Director dated July 1, 2021 (Memorandum), attached as Exhibit "B," finds that the petition for creation should be approved. The TCEQ finds that the creation of the proposed District as set out in the application is feasible, practicable, and necessary, and would be a benefit to the land to be included in the proposed District. The TCEQ further finds that the proposed District and its system and subsequent development within the proposed District will not have an unreasonable effect on land elevation, subsidence, and groundwater level within the region, recharge capability of a groundwater source, natural runoff rates and drainage, water quality, or total tax assessments on all land located within the proposed District. All of the land and property proposed may properly be included within the proposed District. All statutory and regulatory requirements for creation of Denton County Municipal Utility District No. 16 have been fulfilled in accordance with TEX. WATER CODE § 54.021 and 30 TEX. ADMIN. CODE §§ 293.71-293.12. NOW, THEREFORE, BE IT ORDERED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY THAT: I. The petition for the creation of Denton County Municipal Utility District No. 16 is hereby granted. 2. The District is created under the terms and conditions of Article XVI, Section 59 of the TEXAS CONSTITUTION and TEX. WATER CODE Chapters 49 and 54. 3. The District shall have, and shall be subject to, all of the rights, duties, powers, privileges, authority, and functions conferred and imposed by the TCEQ and the general laws of the State of Texas relating to municipal utility districts, including road powers under TEx. WATER CODE § 54.234, subject to the requirements of the TCEQ and the general laws of the State Texas relating to the exercise of such powers. RECEIVED AUG 2 5 2021 City Manager's 1 city Secretarys Office W N r 4. The District shall be composed of the area situated wholly within the extraterritorial jurisdiction of the City of Denton, Denton County, Texas, described by metes and bounds in Exhibit "A" attached hereto and incorporated herein for all purposes. 5. The Memorandum dated July 1, 2021, attached as Exhibit `B," is hereby incorporated as part of this Order. 6. The persons listed in Recommendation No. 4 of the Memorandum are hereby named and appointed as temporary directors and shall, as soon as practicable after the date of entry of this Order, execute their official bonds and take their official oaths of office. All such bonds shall be approved by the Board of Directors of the District, and each bond and oath shall be filed with the District and retained in its records. 7. This Order shall in no event be construed as an approval of any proposed agreements or of any particular items in any documents provided in support of the petition for creation, nor as a commitment or requirement of the TCEQ in the future to approve or disapprove any particular items or agreements in future applications submitted by the District for TCEQ consideration. 8. This Order shall not constitute approval or recognition of the validity of any provision in the City of Denton Consent Ordinance, dated August 18, 2020, and any other ordinance/resolution incorporated therein by reference to the extent that such provisions exceed the authority granted to the City, by the laws of the State of Texas. 9. The Chief Clerk of the TCEQ shall forward a copy of this Order to all affected persons. 10. If any provision, sentence, clause, or phrase of this Order is for any reason held to be invalid, the invalidity of any portion shall not affect the validity of the remaining portions of the Order. Issue Date: August 9, 2021 N 4 00 N r Texas Commission on Environmental Quali TECHNICAL MEMORANDUM To: Chris S. Ulmann, P.E., Manager Date: July 1, 2021 71 -?121 Districts Section Thru: Dan Finnegan, Team Lead Districts Bond Team From: James Walker Districts Creation Review Team Subject: Petition by Olex, Inc. for Creation of Denton County Municipal Utility District No. 16; Pursuant to Texas Water Code Chapters 49 and 54. TCEQ Internal Control No. D-12012020-002 (TC) CN:605836436 RN:111141487 A. GENERAL INFORMATION The Texas Commission on Environmental Quality (TCEQ) received a petition within the application requesting approval for the creation of Denton County Municipal Utility District No. 16 (District). The petition was signed by Lars Springman as the president of Olex, Inc., a Delaware corporation (Petitioner). The petition states that the Petitioner holds title to a majority in value of the land in the proposed District and it further states that there are no lienholders on the land in the proposed District. The District is proposed to be created and organized according to the terms and provisions of Article XVI, Section 59 of the Texas Constitution, and Chapters 49 and 54 of the Texas Water Code (TWC). Location and Access The proposed District is located in Denton County, Texas at the northwest and southwest corner of US 380 and FM 156. The proposed District is not located within the corporate limits of any City but is in the Division 11 extraterritorial jurisdiction (ETJ) of the City of Denton (City). The District can be accessed from US 380, FM 156, and Old Stoney Road. Metes and Bounds Description The proposed District contains 552.985 acres of land. The metes and bounds description of the proposed District has been reviewed and checked by TCEQs staff and has been found to form an acceptable closure. City Consent By Ordinance No. 20-1496, passed and approved on August 18, 2020, the City granted its consent to the petition for creation of the proposed District. Accordingly, the requirement of TWC Section 54.016 has been satisfied. Exhibit "B" Chris S. Ulmann, P.E., Manager Page 2 July 1, 2021 County. Notification In accordance with TWC Section 54.0101, a certified letter, dated January 21, 2021 were sent to the Commissioners Court of Denton County which provided notice of the proposed District's pending creation application and provided them an opportunity to make their recommendations. To date, the county has not responded to this notification. Statements of Filing. Petition Evidence of filing a copy of the petition with the Denton County Clerks' office, the TCEQ's regional office, the Texas state representative, and the Texas state senator was included in the application. Tyne of Proiect The proposed District will be considered a "developer project" as defined by 30 Texas Administrative Code (30 TAC) Section 293.44(a). Therefore, developer cost participation in accordance with 30 TAC Section 293.47 will be required. Developer_ Qualifications The application material indicates that Bob Shelton Enterprises, Ltd. will lead the development of the proposed District. The developer has over 50 years of experience in land development which includes landscape planning, master planned communities, multi-family developments, and single -family residential subdivisions. Certificate of Ownershi By signed certificate dated November 16, 2020, the Denton Central Appraisal District has certified that the appraisal rolls indicate that the Petitioner is the owner of all of the land in the proposed District. Temporary Director Affidavits The TCEQ has received affidavits for consideration of the appointment of the following five temporary directors: Alan Heard Kenneth Williamson Philip Wilson Benjamin Raef James Hogan, Jr. Each of the above persons named is qualified, as required by 30 TAC Section 293.32(a), to serve as a temporary director of the proposed District as each (1) is at least 18 years old, (2) is a resident of the State of Texas, and (3) either owns land subject to taxation within the proposed District or is a qualified voter within the proposed District. Additionally, as required by TWC Section 54.022, the majority are residents of the county in which the proposed District is located, a county adjacent to the county in which the proposed District is located, or if the proposed District is located in a county that is in a metropolitan statistical area designated by the United States Office of Management and Budget or its successor agency, a county in the same metropolitan statistical area as the county in which the proposed District is located. N m 0 M T Chris S. Ulmann, P.E., Manager Page 3 July 1, 2021 Notice Reauirements Proper notice of the application was published on March 6 and March 1.3, 2021 in the Denton Record -Chronicle, a newspaper regularly published or circulated in Denton County, the county in which the district is proposed to be located. Proper notice of the application was posted on March 1, 2021, on the bulletin board used for posting legal notices in Denton County. Accordingly, the notice requirements of 30 TAC Section 293.12(b) have been satisfied. The opportunity for the public to request a contested case hearing (comment period) expired April 13, 2021. B. ENGINEERING ANALYSIS The creation engineering report indicates the following. Availability of Comparable Service The water service will be provided by the Bolivar Water Supply Corporation. No other comparable water services are available in the area. The wastewater service will be provided by the proposed District as needed. No other comparable wastewater services are available in the area. Water SuDDIv Imurovements All water supply and distribution system improvements to serve the proposed District will be designed in accordance with criteria established by the TCEQ, the Texas Department of Health, Denton County, and the City. Per the engineering report, it is estimated that the District will contain 1,785 equivalent single-family connections (ESFCs) at ultimate development, requiring approximately 900,000 gallons per day of water treatment capacity. Further, the engineering report indicates that the water supply services will be provided by the Bolivar Water Supply Corporation. The developer or the District will be required to pay impact fees to the Bolivar Water Supply Corporation for each water service connection. It should be noted that the southern portion of the proposed District is within the Aqua Texas Certificate of Convenience and Necessity (CCN), while the northern portion is within the Bolivar Water Supply Corporation CCN. The Proposed District has submitted a petition to withdraw the southern portion of the proposed District from the Aqua Texas CCN, and another petition has been submitted to Bolivar Water Supply Corporation to expand into the southern portion of the proposed District such that the entire district would be under the Bolivar Water Supply Corporation CCN. Unless the petition for the southern portion to be released from the Aqua Texas CCN is granted, water service cannot be provided by the District within the area contained within the Aqua Texas CCN. Water Distribution Improvements The water distribution system for full development of the proposed District will consist of approximately 65,460 linear feet (LF) of 8" to 12" polyvinyl chloride (PVC) pipes, along with all related appurtenances. The internal water distribution system will be looped where feasible to provide alternate service routes during emergencies and maintenance periods, and to equalize pressure in the system.. The distribution system will be designed to meet TCEQ, Denton County and the City design criteria. Chris S. Ulmann, P.E., Manager Page 4 July 1, 2021 Wastewater Treatment Improvements Per the engineering report, it is estimated that the District will contain 1,785 ESFCs at ultimate development, requiring 624,750 gallons per day of wastewater treatment capacity, using 350 gallons per day per connection. Further, the engineering report indicates that the wastewater treatment services will be provided by the proposed District through its 0.75 million gallons per day (MGD) wastewater treatment plant. The tract North of US Highway 380 will flow by gravity to the proposed lift station in the northeast corner of the site. From the proposed lift station, wastewater will be pumped south until it ties back into the gravity system draining to the proposed wastewater treatment plant located on the northwest side of the southern tract. The tract south of US Highway 380 will flow by gravity to the proposed wastewater treatment plant then discharge into South Hickory Creek. Wastewater Collection Improvements The internal wastewater collection system for full development of the proposed District will consist of approximately 63,325 LF of 8" to 15" PVC pipes, along with manholes and all related appurtenances. The collection system will be designed to meet TCEQ, Denton County, and the City design criteria. Storm Water Drainage System and Drainage Improvements The storm water runoff within the proposed District will be directed along a proposed combination of street gutters, underground storm drains, and drainage channels system to convey runoff to storm sewer lines that outfall into detention facilities located within the District. The detention system will provide capacity for the 100 -year rainfall event. Design of the storm sewer system and detention facilities will be based on requirements of Denton County and the City. Road Improvements Application material indicates the proposed District will construct road improvements within the District. The City has consented by ordinance to the creation of the District with road powers. The District will fund three main point of access from US Highway 380, FM 156, and Old Stoney Road. All roadway facilities will be designed in accordance with criteria established by Texas Department of Transportation, Denton County, and the City. Topography/Land Elevation The topography of the District has moderate slopes. The property north of U.S. Highway 380 slopes mostly from the northwest corner of the District to the southeast corner of the District. The property south of U.S. Highway 380 slopes to the centrally located South Hickory Creek. Elevations range from 716 feet to 655 feet mean sea level (msl). The fill and/or excavation associated with development of the District's systems will not cause changes in the overall land elevations other than that normally associated with the construction of the underground utility systems, drainage facilities, plants, and paving. The development in the District is not expected to have an unreasonable effect on the overall land elevations. Floodplain According to Federal Emergency Management Agency Flood Insurance Rate Map No. 48121C0335G dated April 18, 2011, the District does not lie within the 100 -year floodplain. 3 W Chris S. Ulmann, P.E., Manager Page 5 July 1, 2021 Subsidence The proposed District will receive its water from Bolivar Water Supply Corporation whose source of water supply is groundwater; however, the proposed District is not expected to have any impact on subsidence. Dam Safety Analysis The TCEQ Dam Safety Program personnel reviewed the location of the District and confirmed by letter dated November 18, 2020, that there are no dam safety issues associated with the proposed District. Groundwater levels/Recharge The proposed District will receive its water from ground water sources via wells constructed by the District. Recharge to the unconfined portion of aquifers beneath the surface of the proposed District area is primarily from infiltration of precipitation and seepage of surface water bodies. Only approximately 40% of the proposed District's area will be made impervious as a result of development, leaving ample area pervious to allow for recharge of groundwater. No facilities are proposed that will contribute to adverse impacts of groundwater levels. Natural Run-off and Draina e The majority of the existing drainage on the northern tract, north of US Highway 380, is through overland flow split between the roadside ditch along FM 156 and US Highway 380. The majority of the existing drainage on the southern tract, south of US Highway 380, drains to South Hickory Creek. A small portion of the southern tract drains to FM 156. Water Quality No adverse effect of the water quality of ground or surface water is anticipated as a result of this development. The treatment and disposal of wastewater from the proposed District will be done in accordance with the terms of the waste discharge permit obtained from the TCEQ. C. SUMMARY OF COSTS WATER WASTEWATER AND DRAINAGE Construction Costs A. Developer Contribution Items 1. Water Distribution System 2. Wastewater Collection System 3. Stormwater Drainage System Total Developer Items TOTAL CONSTRUCTION COSTS (78.04% of BIR) Non -Construction Costs A. Legal Fees (2.5%) District Share "} 8,177,983 12,424,162 `21 6,707,364 12' 27,309,508 27,309,508 874,875 N M r Chris S. ULmann, P.E., Manager Page 6 July 1, 2021 B. Fiscal Agent Fees (2%) 699,900 C. Interest Costs 1. Capitalized Interest (I. year @ 4.5%) 1,574,775 2. Developer Interest (2 years @ 4.5% of Construction Costs) 2,457,856 D. Bond Discount (3%) .1,049,850 E. District Creation Costs 150,000 F. Bond Issuance Expenses 281,108 G. Bond Application Report Costs 324,646 H. Organization and Operation Costs 150,000 I. Attorney General Fee (0.1%) 34,995 J. TCEQ Bond Issuance Fee (0.25%) 87.488 TOTAL NONCONSTRUCTION COSTS $ 7, ,4D2 TOTAL W, WW, & D BOND ISSUE REQUIREMENT $ 34,995,000 Notes: (1) Assumes 66.56% funding of anticipated developer contribution items, where applicable. (2) Includes engineering and contingency costs. (3) Based on developer advancing funds approximately two years prior to reimbursement. Eligibility of costs for District funding and 30% developer contribution requirements will be determined in accordance with TCEQ rules in effect at the time bond applications are reviewed. ROAD IMPROVEMENT Construction Costs (Developer/District Contribution Items) District Share i11 1. Road Costs $ 14,385,343 TOTAL CONSTRUCTION COSTS (79.05% of BIR) $ 14,385,343 Non -Construction Costs A. Legal Fees (2.5%) $ 452,000 B. Fiscal Agent Fees (2.5%) 361,600 C. Interest Costs 1. Capitalized Interest (2 years @ 4.5%) 813,600 2. Developer Interest (2 years @ 4.5% of Construction Costs) 1,294,681 s" D. Bond Discount (31/6) 542,400 E. Bond Issuance Expenses 212,296 F. Attorney General Fee (0.1%) 18,080 TOTAL NONCONSTRUCTION COSTS $ 57 TOTAL ROAD BOND ISSUE REQUIREMENT $ 18,080,000 Notes: (1) Assumes 66.56% funding of anticipated developer contribution items, where applicable. (2) Includes engineering and contingency costs. (3) Based on developer advancing funds approximately two years prior to reimbursement. A preliminary layout of roads proposed for funding has been provided, and they appear to benefit the proposed District and the land included within the proposed District. 3 W W Chris S. Umann, P.E., Manager Page 7 July 1, 2021 D. ECONOMIC ANALYSIS Land Use The land use for the proposed District is intended to accommodate single-family residential development. Planned ultimate development in the proposed District, as shown in the land use plan provided, is as follows: Land Use Acreage ESFCs Single-Family/Residential 359.84 1,523 Multi -Family 8.09 52 Commercial 26.89 152 Fire Station 3.96 8 Open Space/Amenity Center 116.82 0 Public Works Facilities 9.00 0 Collector Right -of -Ways 14.54 0 Old Stoney Right -of -Way Dedication 1.28 0 Krum ISD Elementary School Site 12.54 50 Total 552.96 1,785 Market Study A market study, prepared in August 2020 by Residential Strategies, Inc., has been submitted in support of the creation of the proposed District. The proposed District is expected to include approximately 1,785 equivalent single-family connections on a tract totaling approximately 552.985 acres. The market study indicates the proposed District is expected to include 695 40 - foot wide lots and 828 50 -foot wide lots. The home values are expected to be approximately $217,500 for 40 -feet lots and $270,000 for 50 -feet lot. The study indicates single-family homes for those price ranges within the study's market area are expected to be absorbed at a rate of approximately 116 homes by Year 1, 152 homes by Year 2, 178 homes by Year 3, 200 homes by Year 4, and 217 homes by Year 5. Project Financing The projected taxable assessed valuation (AV) for the proposed District is as follows: Developed Unit Value Devela mens Descriptio Lots {per home per lot Total Buildout Value 40 -foot single-family lots 695 $ 217,500 S 151,162,500 50 -foot single-family lots 828 $ 270,000 $ 223,560,000 Commercial $ 25,000,000 Multi -family $ 30,000,000 Total Assessed Valuation $ 429,722,500 Considering the issuance of a total of $53,075,000 ($34,995,000 for utilities plus $18,080,000 for roads) in bonds, assuming 66.56% financing, a coupon bond interest rate of 4.5%, and a 25 - year bond life, the average annual debt service requirement would be $3,579,326. Assuming a 98% collection rate and an ultimate AV of $429,722,500, a projected ultimate tax rate of approximately $0.86 per $100 AV was indicated to be necessary to meet the annual debt service requirements for the proposed District. An additional $0.35 per S100 AV is projected to be Chris S. 111mann, P.E., Manager Page 8 July 1, 2021 levied for maintenance and operating expenses, for a combined proposed District tax rate of $1..21. Based on the information provided and assuming 100% financing, the total year 2019/2020 overlapping tax rates on land within the proposed District are shown as follows: Taxing Jurisdiction Denton County MUD No. 16 (District) Denton County Krum Independent School District TOTAL TAX per $100 AV: Tax Rates (Denton County) "' $ 1.210000 f21 $ 0.225278 $ 1.391830 $ 2.827108 Notes: (1) Tax rate per $100 assessed valuation. (2) Assuming 66.56% funding of anticipated developer contribution items, where applicable. Based on the proposed District tax rate and the year 2019/2020 overlapping tax rate on land within the proposed District, and assuming 66.56% financing, the project is considered economically feasible. Water and Wastewater Rates According to information provided, the District will provide retail water and wastewater services to the proposed District's customers. The current water rates are as follow: Water rate: Monthly Base Fee 0 to 15,000 gallons 15,001 to 30,000 gallons 30,001 to 50,000 gallons 50,001 gallons and above Wastewater rate: Monthly Fee Per 1000 gallons used $32.00 Flat Fee $4.15 per 1000 gallons $ 5.90 per 1000 gallons $8.15 per 1000 gallons $10.90 per 1000 gallons $11.00 Flat Fee $ 3.80 Based on the above rates, the estimated monthly fee for 10,000 gallons of water and wastewater would be $122.50. Comparative Water District Tax Rates A tax rate of $1.21 ($2.827108 total overlapping for Denton County) for the proposed District is comparable to other municipalities in the target market area. Each particular bond issue will be evaluated based on its own economic feasibility merits and the rules and regulations in place at the time prior to the issuance of any bonds by the District. Chris S. Ulmann, P.E., Manager Page 9 July 1, 2021 E. SPECIAL CONSIDERATION Reauest for Road Powers A request for approval of road powers was included in the petition for creation of the proposed District. Pursuant to TWC Section 54.234, approval of road powers may be requested at the time of creation. The engineering report provided with the application included a summary of the estimated costs. The proposed roads appear to benefit the proposed District, and financing appears feasible. F. CONCLUSIONS 1. Based on TCEQ policy, compliance with TCEQ rules, and review of the engineering report and supporting documents, the proposed District is considered feasible, practicable, a benefit to the land within the proposed District, and necessary as a means to finance utilities and to provide utility service to future customers. 2. Based on a review of the preliminary engineering report; market study; the proposed District's water, wastewater, drainage facilities, parks and recreational facilities, and road facilities; a combined projected tax rate of $1.21 per $100 AV; the proposed District obtaining a 4.5% bond coupon interest rate; and other supporting data. Each particular bond issue will be evaluated based on its own economic feasibility merits and the rules and regulations in place at the time prior to the issuance of any bonds by the District 3. The recommendations are made under authority delegated by the Executive Director of the TCEQ. G. RECOMMENDATIONS 1. Grant the petition for creation of Denton County Municipal Utility District No. 16. 2. Grant the District's request to acquire road powers in accordance with TWC Section 54.234 and 30 TAC Sections 293.11(d)(11), 293.201(b) and 293.202 subject to the requirement imposed by the TCEQ and the general laws of the state relating to the exercise of such powers. 3. The Order granting the petition should include the following statements: "This Order shall in no event be construed as an approval of any proposed agreements or of any particular items in any documents provided in support of the petition for creation, nor as a commitment or requirement of the TCEQ in the future to approve or disapprove any particular items or agreements in future applications submitted by the District for TCEQ consideration." "This Order shall not constitute approval or recognition of the validity of any provision in the City of Denton Consent Ordinance, dated August 18, 2020, and any other ordinance/resolution incorporated therein by reference to the extent that such provisions exceed the authority granted to the City, by the laws of the State of Texas." Chris S. Ulmann, P.E., Manager Page 10 July 1, 2021 4. Appoint the following five persons to serve as temporary directors until permanent directors are elected and qualified: Alan Heard Kenneth Williamson Philip Wilson Benjamin Raef James Hogan, Jr. H. ADDITIONAL INFORMATION The Petitioner's professional representatives are: Attorney: Mr. Tim Green - Coats Rose, PC Creation Engineer: Mr. Thomas Fletcher, P.E. - Kimley-Horn and Associates, Inc. w y 00 M r EXHIBIT "A" BEING a tract of land situated in the Uberto Allen Survey, Abstract No. 14, William Stonhaan Survey, Abstract No. 1145 and the Harris Young Survey, Abstract No. 1450, Denton County, Texas and being the remaining portion of a called Tract One (153.488 -acres) described in a General Warranty Deed to Olex (United States), Inc., f/k/a Olex Corporation N. V., recorded in Volume 1129, Page 185, Deed Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an alurninum TXDOT right of way disk found on the westerly line of said Tract One (153.488 -acres), for the northwest corner of a called Parcel 17, described in an Agreed Judgment to the State of Texas, recoded in Instrument No. 2012-80554, Official Records of Denton County, Texas, same being the northeast corner of a called Parcel 16, described in a Deed to the State of Texas, recorded in Instrument No. 2009-71718, Official Records of Denton County, Texas, same also being the current northerly right of way line of U. S. Highway 380, a variable width right of way; THENCE North 00°02'22" West, departing the northerly right of way line of said U. S. Highway 380, along the westerly line of said Tract One (153.488 -acres) and generally along a barbed wire fence, a distance of 2,236.16 feet to a metal fence corner post found for the northwest corner of said Tract One (153.488 -acres), same being the southwest corner of a called 1.931 -acre tract of land, described in a Special Warranty Deed to Vangard Wireless, LP, recorded in Instrument No. 2005-79339, Official Records of Denton County, Texas; THENCE South 89°58'24" East, along the northerly line of said Tract One (153.488 -acres), the southerly line of said 1.931 -acre tract, the southerly Iine of a called 5.00 -acre tract of land, described in a Warranty Deed to Amanda Noles Nelson, recorded in Instrument No. 2013-92845, Official Records of Denton County, Texas, the southerly line of a called 19.6390 -acre tract of land, described in a Special Warranty Deed to Nancy Kay Jones, recorded in Instrument No. 2010-57685, Official Records of Denton County, Texas, the southerly line of Myers Farm, an addition to the City of Denton, according to the final plat, recorded in Document No. 2011-77, Plat Records of Denton County, Texas, and generally along a barbed wire fence, a distance of 2091.05 feet to a 112 -inch iron rod with a yellow plastic cap found for the southeast corner of said Myers Farm, same being the southwest corner of called 21.1455 -acre tract of land described in a Special Warranty Deed to Janis June Myers, recorded in Instrument No. 2010-57683, Official Records of Denton County, Texas; THENCE South 89°53`09" East, continuing along the northerly line of said Tract One (153.488 - acres), the southerly line of said 21.1455 -acre tract, and generally along a barbed wire fence, a distance of 1368.48 feet to a 112 -inch iron rod found for the northeast corner of said Tract One (153.488 -acres) and the southeast corner of said 21.1455 -acre tract, same being on the westerly right of way line of F. M. 156, a variable width right of way; THENCE South 17°28'47" West, along the easterly line of said Tract One (153.488 -acres) and the westerly right of way line of said F. M. 156, a distance of 94.26 feet to a 518 -inch iron rod with a red plastic cap, stamped "KHA" set at the beginning of a non -tangent curve to the right having a central angle of 15°08'00", a radius of 5659.58 feet, a chord bearing and distance of South 21°13'35" West, I490.50 feet, from said point, a wooden right of way marker bears South 13°42' West, 3.93 feet; 2 004486.00000714830-0900-097 S. v I THENCE in a southwesterly direction, continuing along the easterly line of said Tract One (153.488 -acres) and the westerly right of way line of said F. M. 156, along said curve to the right, an arc distance of 1494.85 feet to a 518 -inch iron rod with a red plastic cap, stamped "KHA" set for corner, from which, a wooden right of way marker bears South 03°03' West, 1.20 feet; THENCE South 28°47'35" West, continuing along the easterly line of said Tract One (153.488 - acres) and the westerly right of way line of said F. M. 156, a distance of 556.36 feet to an aluminum TXDOT right of way disk found for the northeast corner of aforesaid Parcel 17, same being the intersection of the westerly right of way line of said F. M. 156 with the northerly right of way line of aforesaid U. S. Highway 380; THENCE in a westerly direction, departing the westerly right of way line of said F. M. 156, along the northerly line of said Parcel 17 and the northerly right of way line of said U. S. Highway 380, the following: North 61c'04'40" West, a distance of 679.63 feet to an aluminum TXDOT right of way disk found for corner; South 78°35'46" West, a distance of 296.07 feet to an aluminurn TXDOT right of way disk found for comer; South 38'16'12" West, a distance of 548.81 feet to an aluminum TXDOT right of way disk found for corner; South 62°08'29" West, a distance of 218.57 feet to an aluminum TXDOT right of way disk found for corner; South 86°00'46" West, a distance of 322.43 feet to an aluminum TXDOT right of way disk found for corner; North 90°00'00" West, a distance of 469.04 feet to an aluminum TXDOT right of way disk found for corner; North 87°16'23" West, a distance of 413.60 feet to the POINT OF BEGINNING and containing 144.086 acres (6276387 square feet) of land, more or less. BEING a tract of land situated in the George W. Anderson Survey, Abstract No. 12, Uberto Allen Survey, Abstract No. 14, Edward F. Anderson Survey, Abstract No. 16, B. B. B & C. RR. Co. Survey, Abstract No. 168, B. B. B & C. RR. Co. Survey, Abstract No. 188, William Stonham Survey, Abstract No. 1145 and the Harris Young Survey, Abstract No. 1450, Denton County, Texas and being the remaining portion of a called Tract Three (425.898 -acres) described in a General Warranty Deed to Olex (United States), Inc., flkla Olex Corporation N. V., recorded in Volume 1129, Page 185, Deed Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: 3 s 004486.00000714830-0800-0978.v1 W to BEGINNING at an aluminum TXDOT right of way disk found on the easterly line of said Tract Three (425.898 -acres), for the southeast corner of a called Parcel 15, described in an Agreed Judgment to the State of Texas, recoded in Instrument No. 2012-80554, Official Records of Denton County, Texas, same being the intersection of the current southerly right of way line of U. S. Highway 380, a variable width right of way with the westerly right of way line of F. M. 156, a variable width right of way; THENCE in a southerly direction, departing the southerly right of way line of said U. S. Highway 380, along the easterly line of said Tract Three (425.898 -acres) and the westerly right of way line of said F. M_ 156, the following: South 28°45'02" West, a distance of 581.24 feet to a 518 -inch iron rod with a red plastic cap, stamped "KHA" set at the beginning of a tangent curve to the right having a central angle of 03°49'00", a radius of 5659.58 feet, a chord bearing and distance of South 30°39'32" West, 376.93 feet; in a southwesterly direction, along said curve to the right, an arc distance of 377.00 feet to a 518 -inch iron rod with a red plastic cap, stamped "KHA" set for corner; South 27°44'04" West, a distance of 118.70 feet to a 518 -inch iron rod with a red plastic cap, stamped "KHA" set for corner, from which, a wooden right of way marker bears South 44°02' West, 3.82 feet; South 32634'02" West, a distance of 1000.02 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner, from which, a wooden right of way marker bears South 42°17' West, 2.01 feet; South 38°16'40" West, a distance of 100.50 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner, from which, a wooden right of way marker bears South 44°22' West, 2.44 feet; South 32°34'02" West, a distance of 1900.00 feet to a 518 -inch iron rod with a red plastic cap, stamped "KI -IA" set for corner, from which, a wooden right of way marker bears South 27°02' West, 8.82 feet; South 26°51'24" West, a distance of 100.50 feet to a 5/8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner; South 32°34'02" West, a distance of 924.50 feet to a 518 -inch iron rod with a red plastic cap, stamped "KHA" set for the beginning of a tangent curve to the left having a central angle of 6°27'51", a radius of 2924.79 feet, a chord bearing and distance of South 29°20'06" West, 329.80 feet; in a southwesterly direction, with said curve to the left, an are distance of 329.97 feet to a PK nail with a washer, stamped "KHA" set in an asphalt road, known as Old Stoney Road, an apparent public use roadway, no record found, for the southeast corner of said Tract Three (425.898 -acres); 4 004486.00000714830-0800-0978.v i Q Iq THENCE South 89°39'42" West, departing the westerly right of way line of said F. M. 156, along the southerly Iine of said Tract Three (425.898 -acres) and along said Old Stoney Road, a distance of 1706.19 feet to a 112 -inch iron rod found for the southwest corner of said Tract Three (425.898 -acres); THENCE North 0'02'12" West, departing said Old Stoney Road and along the westerly line of said Tract Three (425.898 -acres), a distance of 5443.65 feet to a 518 -inch iron rod with a red plastic cap, stamped "KHA" set on the southerly line of a called Parcel 14, described in a Deed to the State of Texas, recorded in Instrument No. 2008-19039, Official Records of Denton County, Texas, same being the current southerly right of way line of aforesaid U. S. Highway 3 80; THENCE in an easterly direction, departing the westerly line of said Tract Three (425.898 - acres) and along the southerly right of way line of said U. S- Highway 380, the following: South 87'16'23" East, passing at a distance of 8.26 feet, an aluminum TXDOT right of way disk found for the south common corner of said Parcel 14 and aforesaid Parcel 15, continuing for a total distance of 1274.95 feet to a point for corner; North 63°54'58" East, a distance of 83.00 feet to a 518 -inch iron rod with a red plastic cap, stamped "KHA" set for corner; South 87016'24" East, a distance of 299.75 feet to a 5f8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner; North 88°52'11" East, a distance of 1520.81 feet to a 518 -inch iron rod with a red plastic cap, stamped "KHA" set for corner; North 90°00'00" East, a distance of 160.25 feet to a 518 -inch iron rod with a red plastic cap, stamped. "KHA" set for corner; South 85°24'02" East, a distance of 457.49 feet to a 5l8 -inch iron rod with a red plastic cap, stamped "KHA" set for corner; South 55°26'56" East, a distance of 259.95 feet to an aluminum. TXDOT right of way dish found for comer; South 25'29'50" East, a distance of 449.43 feet to an aluminum TXDOT right of way disk found for corner; South 61°21'38" East, a distance of 239.94 feet to a 518 -inch iron rod with a red plastic cap, stamped "KHA" set for corner; South 54031'02" East, a distance of 100.71 feet to an aluminum TXDOT right of way disk found for corner; South 61°21'39" East, a distance of 91.38 feet to the POINT OF BEGINNING and containing 408.899 acres (17811656 square feet) of land, more or less. 5 s 004486.00000714830-0800-0978.vi oai utiuty uistricts innuu m m L.j Hickory Creek LmJ LaLa Ranch LaLa Ranch Expansion Legends Ranch UCC Business Organizations Trademarks Notary Account HelplFees Briefcase Logout MANAGEMENT Last Update Now T-r&Address January 15, 21)22 BOB SHELTON ENTERPRISE MANAGEMENT C GENERALPARTNER 2708 RANCH HOUSE RD DENTON. TX 76210 USA Order Retum to Search Instructions: O To place an order for additional information about a filing press the'Ordef button_ 1443 BUSINESS ORGANIZATIONS INQUIRY -VIEW ENTITY ` Filing Number: 002846976 Entity Type: Domeslic Limited Liability Company (LLC] Original Date of Filing: October 26, 2017 Entity Status: In existence Formation Date: NIA Tax ID: 32065251723 FEIN: Duration: Perpetual Name, VS DEVELOPMENT, LLC Address: 2925 COUNTRY CLUB ROAD STE 105 DENTON, TX 76210 USA MANAGEMENT Last Update Now T-r&Address January 15, 21)22 BOB SHELTON ENTERPRISE MANAGEMENT C GENERALPARTNER 2708 RANCH HOUSE RD DENTON. TX 76210 USA Order Retum to Search Instructions: O To place an order for additional information about a filing press the'Ordef button_ 1443 First Amendment to Development and Consent Agreement Denton County Municipal Utility District No. 16 I D 22-244 , 1-25-22 1444 • _ = . .� JACKSGN--ROAD 4 3 1 _ DENTON �J COUNTY ; MUD NO. 16 i. US HIGHWAY 380-. Nuk '`` 380Zz.. , yam- UNTON ' COUNTY MUD NO. 16 OLD STONEYROAD�Y -1771,-. . ID 22-244 , 1-25-22 nenrmap l Denton County Municipal Utility District No. 16 • Texas Water Code, Section 49.351— requires a district shall develop a fire protection plan • City of Denton Fire Department has been petitioned to provide fire/EMS services • A fee levied by the District and remitted to the City of Denton will be used to offset capital and operating costs of fire station providing service to this MUD I D 22-244 , 1-25-22 1446 Financial Estimated Revenue Fire Protection Agreement Fee One Time $300,000 Fire Protection Facilities Capital Fee Per Single Family Home $750 Per Multi -Family Unit $250 per Commercial Unit $11000 Estimated total in 2029 $193679750 Fire Tax Annual $0.16 per $100 assessed valuation Estimated total in 2029 $7959520 I D 22-244 , 1-25-22 1447 D 22-244, 1-25-22 cm 473 FM -15 M 1 6 - 1 P(L%nFire Depav�inn'00'__ I FM 2450 1 F i a Statidn Locations I 471 i _ I ---- - FM 2164, 1.2 1.8 2.4 Miles I D 22-244 , 1-25-22 . f -_4711 \��` � •' Gr Loop 2 '. _ 428--- _ US 77 Loop 288 4.70 469�o – US 380 1 469 I 89---1 I I 0.68 �1 Dento I 85B Universa of J i North FM 426 � i/ � I I 135W 466 NntomCou1nIty FM 1515 85A 4658 `465B US 377 i462\ FM 2181 '--- ' 461 2 83 FM 2181 I FM �� ii fir------- 135E Map d 'a O�enStreetMap Conrri tots; MiCr�sofe Bri Community Maps ch4YrA ars, Map layer 6y Esri I , ; Corir 1449 nl I r r 1 1 r I I I , 1 . I 1 I I 1 1 1 1 1 1 ''� 2• � r 1_"tea,— i r i r r 1 1.2 1.8 2.4 Miles I D 22-244 , 1-25-22 . f -_4711 \��` � •' Gr Loop 2 '. _ 428--- _ US 77 Loop 288 4.70 469�o – US 380 1 469 I 89---1 I I 0.68 �1 Dento I 85B Universa of J i North FM 426 � i/ � I I 135W 466 NntomCou1nIty FM 1515 85A 4658 `465B US 377 i462\ FM 2181 '--- ' 461 2 83 FM 2181 I FM �� ii fir------- 135E Map d 'a O�enStreetMap Conrri tots; MiCr�sofe Bri Community Maps ch4YrA ars, Map layer 6y Esri I , ; Corir 1449