HomeMy WebLinkAbout24-1864ORDINANCE 24- 1864
AN ORDINANCE OF THE CITY OF DENTON APPROVING A PUBLIC FACILITIES
COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND
EAGLE SURVEYING, LLC, REGARDING THE INSTALLATION OF A 10-FOOT
SIDEPATH WITHIN THE CITY’S SYCAMORE SIDEPATH PROJECT IN THE NOT TO
EXCEED AMOUNT OF $49,057.80; AUTHORIZING THE EXPENDITURE OF FUNDS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Denton (“CITY”) and Eagle Surveying, LLC (“Developer”)
mutually desire to enter into a Public Facilities Cost Share Participation Agreement as provided for
in Chapter 212, Subchapter C of the Texas Local Government Code; and
WHEREAS, CITY is constructing the Sycamore Sidepath project, installing a 10-foot
sidepath along the north side of Sycamore Street from the DCTA Train Station to Welch Street
(hereinafter “Project”); and
WHEREAS, Developer, in the process of remodeling the existing facility located at 212 West
Sycamore Street, desires to construct approximately 100 linear feet of the City’s project located upon
their Property (the “Required Facilities”); and
WHEREAS, the parties mutually agree efforts should be made to save the six large trees
within the City’s right-of-way affected by the 10-foot sidepath; and
WHEREAS, Developer agrees to dedicate to City, at no cost to the City, through a
sidewalk easement, the additional land needed for the full width of the 10-foot sidepath to be
constructed clear of the existing trees, and within the sidewalk easement; and
WHEREAS, City agrees construction of the Required Facilities by Developer and/or their
subcontractor using the City’s Sycamore Sidepath Project plans is logical and prevents an additional
disruption to the property for the City’s project not expected to begin construction until January
2025 and9
WHEREAS, City agrees to reimburse Developer for costs related to the construction of the
Required Facilities; and
WHEREAS, the City Council having considered the importance of the project to the
citizens of Denton and finding that it is in the public's health and safety interest, is of the opinion
that it should approve the Agreement;
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.
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SECTION 2. The City Manager, or their designee is hereby authorized to execute on
behalf of the City the Public Facilities Cost Share Participation Agreement for the installation of the
required facilities within the Sycamore Sidepath Project limits attached hereto as Exhibit A.
SECTION 3. The City Manager, or their designee, is further authorized to carry out all
obligations and duties of the City as set forth in the Agreement, including but not limited to the
expenditure of funds .
SECTION 4. The City Manager, or designee, is the City’s designated, authorized official,
with the power to authorize, accept, reject, alter or terminate the Agreement(s) on behalf of the City
and act on behalf of the City of Denton in all matters related to the Agreement(s) and any subsequent
agreements that may result.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
The motion
seconded by Jac th,Ii::J: this ordinance was made by .aMr J H,Jsp IL and
. The ordinance was passed' and approved by
the following vote
Aye
,/
/
,/
Z
a
Z
r
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Paul Meltzer, District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
PASSED AND APPROVED thi' th' 17" d'y 'f SCr 4,p.b,,' 2024.
JO
ATTEST:
LAUREN THODEN, CITY SECRETARY
aaIMa-
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By:
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THE STATE OF TEXAS § §
COUNTY OF DENTON §
PUBLIC FACILITIES COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND EAGLE SURVEYING, LLC
This Public Facilities Cost Participation Agreement (this “Agreement”), is made and entered into this ___ day of ______________, 2024, (the “Effective Date”), by and between the City of Denton, a Texas Home-Rule Municipal Corporation (hereinafter referred to as the “City”), with its offices located at 215 East McKinney Street, Denton, Texas 76201, and Eagle Surveying, LLC (hereinafter referred to as “Developer”), whose business address is 212 W. Sycamore Street, Denton Texas 76201 (together with the City, the “Parties”).
RECITALS:
WHEREAS, Developer is the owner of certain real property located in the City of Denton, Texas as shown on Exhibit A, attached hereto and made a part hereof for all purposes (the “Property”); and
WHEREAS, CITY is constructing the Sycamore Sidepath project, installing a 10-foot sidepath along the north side of Sycamore Street from the DCTA Train Station to Welch
Street (hereinafter “Project”); and
WHEREAS, Developer, in the process of remodeling the existing facility located at 212
West Sycamore Street, desires to construct approximately 100 linear feet of the City’s project located upon their Property (the “Required Facilities”); and
WHEREAS, Chapter 212, Subchapter C of the Texas Local Government Code allows the city to contract with a developer of land within the municipality to construct certain public improvements; and
WHEREAS, the parties mutually agree efforts should be made to save the six large
trees within the City’s right-of-way affected by the 10-foot sidepath, as shown on Exhibit B; and
WHEREAS, Developer, agrees to dedicate to City, at no cost to the City, through a
sidewalk easement, the additional land needed for the full width of the 10-foot sidepath to be
constructed clear of the existing trees, and within the sidewalk easement, as described on Exhibit C; and
WHEREAS, City agrees construction of the Required Facilities by Developer and/or
their subcontractor using the City’s Sycamore Sidepath Project plans is logical and prevents an additional disruption to the property for the City’s project not expected to begin construction until January 2025; and
WHEREAS, City agrees to reimburse Developer for costs related to the construction
of the Required Facilities; and
Docusign Envelope ID: FB7BD0EE-94C4-4138-B619-B88A53ED5948
EAGLE SURVEYING, LLC – PUBLIC FACILITIES COST PARTICIPATION AGREEMENT
for the CONSTRUCTION OF A 10-FT SIDEPATH within the TASA SYCAMORE SIDEPATH PROJECT
PAGE 2 of 26
WHEREAS, the PARTIES desire to pool their resources, avoid unnecessary or duplicative construction disruptions, and take advantage of maximizing economies of scale,
resulting in cost savings; and
WHEREAS, a municipality is liable only for the agreed payment of its share of the contract, which was determined in advance either as a lump sum or as a factor or percentage of the total actual cost as determined by the municipal ordinance authorizing the City Manager to enter into this Agreement; and
WHEREAS, a contract to participate in the cost of public improvements is exempted from the competitive sealed bidding procedure of Texas Local Government Code Chapter 252; and
WHEREAS, the City and Developer desire to enter in this Agreement pursuant to Chapter 212 Subchapter C, of the Texas Local Government Code, to provide for the oversizing of the Required Facilities to increase the capacity of the public improvements in anticipation of future development in the area.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein Developer and the City do hereby AGREE as follows:
1.Term
This Agreement becomes effective upon the Effective Date and shall remain in effect until the Required Facilities are completed, have been accepted by the City, and the City has reimbursed the Developer for the construction costs for the Required Facilities. Upon execution, this Agreement shall be recorded in the Denton County Real Property Records as covenants running with the land, burdening subsequent purchasers of the Subject property or any part thereof, until all obligations of the Developer are satisfied in full.
2. City and Developer Responsibilities
A.Developer shall construct the Required Facilities in accordance with theProject plans provided by City. City has provided to Developer the designof the Sycamore Sidepath Project including the improvement planned at 212
W Sycamore Street, prepared by Kimley Horn and Associates, Inc. and
attached hereto as Exhibit D. This construction will occur duringDeveloper’s concrete work on the front patio/porch area included in theremodel work on the building (Development Permit 2402-0601). A separateROW Permit will be obtained by Developer and/or their subcontractor for the
installation of the Required Facilities
B.If Developer does not complete the Required Facilities by the time Citybegins construction of the Project, the City will construct the RequiredFacilities and no reimbursement of any kind will be provided to theDeveloper.
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EAGLE SURVEYING, LLC – PUBLIC FACILITIES COST PARTICIPATION AGREEMENT
for the CONSTRUCTION OF A 10-FT SIDEPATH within the TASA SYCAMORE SIDEPATH PROJECT
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C.Developer agrees City will cost participate and reimburse Developer up tothe amount of $49,057.80 for the work required to be performed at 212 W.
Sycamore Street as it is related to the City’s 10-foot sidepath based on The
Engineer’s Opinion of Probable Construction Cost attached hereto asExhibit E.
D.Developer agrees to provide City a Sidewalk Easement and property
description that includes the area of land to be dedicated to the City by
Developer at no cost attached hereto as Exhibit C.
E.Developer agrees to comply with the required insurance requirements asstated in Exhibit F.
F.Prior to the commencement of construction of the Required Facilities, the
Developer shall execute a performance bond in the amount of $49,057.80
on the City’s required forms to ensure completion of the project. The bond
must be executed by a corporate surety in accordance with Chapter 2253 of
the Texas Government Code. The performance bond shall be maintained by
the Developer until the completion of the Required Facilities.
G.Prior to the commencement of construction of the Required Facilities,Developer shall cause its general contractor, Archden ConstructionServices, LLC (“General Contractor”) to maintain a payment bond until
the completion and acceptance of the Required Facilities on the City’s’required forms.
H.Developer shall provide, or shall cause General Contractor, with Developerbeing named as a co-obligee, to provide a one-year maintenance bond in thetotal amount of $49,057.80. Upon the expiration of said one-year period, themaintenance bond shall be terminated and released.
I.Developer shall comply with City of Denton’s ordinances, including theDenton Development Code and City of Denton Criteria Manuals inperformance of this Agreement..
J.Developer shall obtain, at Developer’s sole cost and expense, all necessarypermits, licenses, and easements to construct and install the RequiredFacilities. The easements, deeds, and plats therefor obtained by the
Developer in connection with the construction and installation of theRequired Facilities shall be reviewed and approved as to form and substanceby the City, which approval shall not be unreasonably withheld. If theDeveloper is unable to acquire needed easements, the Developer shallprovide the City with any reasonably requested documentation of efforts to
obtain such easements, including evidence of negotiations and reasonableoffers made to the affected property owners. Any easements for theRequired Facilities obtained by the Developer shall be assigned to the City,if not taken in the City’s name, prior to acceptance of the OversizedFacilities, and the DEVELOPER WARRANTS CLEAR TITLE TO
SUCH EASEMENTS FROM AND AGAINST ALL LAWFULCLAIMS AND DEMANDS OF ALL PERSONS CLAIMING BY,
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EAGLE SURVEYING, LLC – PUBLIC FACILITIES COST PARTICIPATION AGREEMENT
for the CONSTRUCTION OF A 10-FT SIDEPATH within the TASA SYCAMORE SIDEPATH PROJECT
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THROUGH, OR UNDER THE DEVELOPER, SUBJECT HOWEVER TO ALL EASEMENTS, COVENANTS, CONDITIONS,
RESERVATIONS, RESTRICTIONS AND MATTERS OF RECORD AND ANY CONDITIONS THAT WOULD BE UNCOVERED BY AN INSPECTION OF THE EASEMENT AREA OR AN ACCURATE SURVEY OF THE SAME (COLLECTIVELY, THE “PERMITTED EXCEPTIONS”), AND WILL DEFEND THE CITY AGAINST ANY
ADVERSE CLAIM MADE AGAINST SUCH TITLE, OTHER THAN THE PERMITTED EXCEPTIONS.
3. Cost and Payment
A.The City shall not be liable for any additional cost due to delays in
beginning, continuing, or completing construction; changes in the price orcost of materials, supplies, or labor; unforeseen or unanticipated costbecause of topography, soil, subsurface, or other site conditions; differencesin the calculated and actual materials needed for the Required Facilities; the
Developer’s decision as to the contractors or subcontractors used to perform
the work; or any other reason or cause, specified or unspecified, relating tothe construction of the Required Facilities.
B.Upon completion and acceptance of the construction of the Required
Facilities, the City shall reimburse Developer in a lump sum not to exceed
the amount stated herein within forty-five (45) days of receipt of the invoice.
C.To confirm the actual cost of the Required Facilities, City shall have theright to inspect the Developer’s books and other records (“Project
Information”) related to the project, and the Project Information its agents,
employees, contractors, or subcontractors, and shall have the right to requirethe Developer to submit any necessary information, documents, invoices,receipts, or other records to verify the actual cost of the Required Facilities.If the actual costs are lower than those noted on Exhibit E or relied on to
determine the reimbursement, the reimbursement shall be reduced to the
actual cost.
D.City may withhold funds, and, if necessary, may demand the return of someor all amounts previously paid to Developer for defective work, to protect
City from loss or damage.
E.Prior to the final payment by the City:
i.The Required Facilities must be (i) completed by the Developer; (ii)reviewed and inspected by the City; and (iii) approved and accepted bythe City. During the work on the Required Facilities, the City has theright to review all documents, maps, plats, records, photographs, reportsand drawings affecting the construction and to inspect the work inprogress; and
ii.The City shall conduct a final inspection of the Required Facilities and
any deficiencies noted by the City during such inspection must be
addressed by the Developer to the City’s satisfaction prior to paymentby the City.
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EAGLE SURVEYING, LLC – PUBLIC FACILITIES COST PARTICIPATION AGREEMENT
for the CONSTRUCTION OF A 10-FT SIDEPATH within the TASA SYCAMORE SIDEPATH PROJECT
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4.INDEMNITY
THE DEVELOPER SHALL INDEMNIFY AND HOLD THE CITY HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LOSS, OR LIABILITY OF ANY KIND WHATSOEVER (INCLUDING DEATH), BY REASON OF INJURY TO PROPERTY OR PERSON OCCASIONED BY ANY ACT OR OMISSION, NEGLECT, OR WRONGDOING OF THE DEVELOPER, ITS OFFICERS,
AGENTS, EMPLOYEES, INVITEES, OR CONTRACTORS, OR OTHER PERSONS WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT; AND THE DEVELOPER SHALL, AT ITS OWN COST AND EXPENSE, DEFEND AND PROTECT THE CITY AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS. NOTWITHSTANDING THE FOREGOING
TO THE CONTRARY, THE DEVELOPER’S INDEMNIFICATION OBLIGATIONS HEREUNDER SHALL NOT INCLUDE ANY CLAIMS, DAMAGES, LOSSES, OR LIABILITIES OF ANY KIND WHATSOEVER THAT ARE CAUSED BY THE CITY’S SOLE NEGLIGENCE. IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OR FAULT OF BOTH
DEVELOPER AND THE CITY, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT, HOWEVER, WAIVING ANY OF THE DEFENSES OF THE PARTIES UNDER TEXAS LAW. FURTHER, IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE
OR FAULT OF BOTH DEVELOPER AND THE CITY, RESPONSIBILITY FOR ALL COSTS OF DEFENSE SHALL BE APPORTIONED BETWEEN THE CITY AND DEVELOPER BASED UPON THE COMPARATIVE FAULT OF EACH.
5.Notices
All notices, payments, or communications to be given or made pursuant to this Agreement by the parties hereto, shall be sent to the Developer at the business address given above and to the City Manager for City at the address given above.
6.Legal Construction
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement.
7. Counterparts
This Agreement may be executed, including electronically, in one or more counterparts,
each of which when so executed shall be deemed to be an original and constitute one and the
same instrument. If this Agreement is executed in counterparts, then it shall become fully
executed only as of the execution of the last such counterpart called for by the terms of this
Agreement to be executed.
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8. Assignment
Developer shall not sell, assign, transfer or its interest or rights in the Agreement, or
any claim or cause of action related thereto in whole or in part, without the prior written consent
of the City, which consent shall not be unreasonably withheld. As an express condition of
consent to any assignment, Developer shall remain liable for completion of the Oversized
Facilities in the event of default by the successor contractor or assignee.
9. Venue
Any and all suits for any breach of this Agreement, or any other suit pertaining to or
arising out of this Agreement, shall be and remain in a court of competent jurisdiction in Denton
County, Texas. This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas.
10.Entire Agreement
This instrument embodies the entire agreement of the parties hereto and there are no
promises, terms, conditions, or obligations other than those contained or incorporated herein.
This Agreement shall supersede all previous communications, representations, or agreements,
whether verbal or written, between the parties hereto with respect to the subject matter of this
Agreement.
11.Required State Law Contract Representations
A.Prohibition on Contracts with Companies Boycotting Israel. Vendor
acknowledges that in accordance with Chapter 2271 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 Contract, Vendor certifies that Vendor’s signature provides written verification to the City that Vendor: (1) does not boycott Israel;
and (2) will not boycott Israel during the term of the Contract. Failure
to meet or maintain the requirements under this provision will be considered a material breach.
B.Prohibition on Contracts with Companies Boycotting Certain Energy Companies. Vendor acknowledges that in accordance with Chapter 2276 of
the Texas Government Code, City is prohibited from entering into a
contract with a company for goods or services unless the contract contains written verification from the company that it (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms “boycott energy company” and
“company” shall have the meanings ascribed to those terms in
Section 809.001 of the Texas Government Code. By signing this agreement, Vendor certifies that Vendor’s signature provides written verification to the City that Vendor:
(1)does not boycott energy companies; and (2) will not boycott energy
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EAGLE SURVEYING, LLC – PUBLIC FACILITIES COST PARTICIPATION AGREEMENT
for the CONSTRUCTION OF A 10-FT SIDEPATH within the TASA SYCAMORE SIDEPATH PROJECT
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companies during the term of the Contract. Failure to meet or maintain the requirements under this provision will be considered a material breach.
C.Prohibition on Contracts with Companies Boycotting Certain Firearm
Entities and Firearm Trade Associations. Vendor acknowledges that inaccordance with Chapter 2274 of the Texas Government Code, City isprohibited from entering into a contract with a company for goods orservices unless the contract contains written verification from the company
that it (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2)will not discriminate during the term of the contract against a firearm entityor firearm trade association. The terms “discriminate against a firearmentity or firearm trade association,” “firearm entity” and “firearm trade
association” shall have the meanings ascribed to those terms in Chapter 2274
of the Texas Government Code. By signing this Contract, Vendor certifiesthat Vendor’s signature provides written verification to the City thatVendor: (1) does not have a practice, policy, guidance, or directive thatdiscriminates against a firearm entity or firearm trade association; and (2)
will not discriminate during the term of this Contract against a firearm
entity or firearm trade association. Failure to meet or maintain therequirements under this provision will be considered a material breach.
D.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 Contract,Vendor certifies that Vendor’s signature provides written verification tothe City that Vendor, pursuant to Chapter 2252, is not ineligible to enterinto this Contract and will not become ineligible to receive payments under
this Contract by doing business with Iran, Sudan, or a foreign terrorist
organization. Failure to meet or maintain the requirements under thisprovision will be considered a material breach.
12.Certification of Execution
The person or persons signing and executing this Agreement on behalf of Developer,
or representing themselves as signing and executing this Agreement on behalf of Developer, do hereby warrant and certify that he, she or they have been duly authorized by Developer to execute this Agreement on behalf of Developer and to validly and legally bind Developer to all terms, performances and provisions herein set forth.
[Signature pages follow]
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EXECUTED in duplicate original counterparts by the undersigned duly-authorized officials and officers of the City and the Developer, on this the _____ day of
____________________, 2024.
CITY OF DENTON A Texas Municipal Corporation
By: ________________________________ ACKNOWLEDGMENT SARA HENSLEY, CITY MANAGER
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the ____ day of _________________, 2024, by Sara Hensley, City Manager of the City of Denton, on behalf of said municipality.
______________________________________ NOTARY PUBLIC, STATE OF TEXAS
ATTEST: LAUREN THODEN, CITY SECRETARY
By:
________________________________
APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY
By: _______________________________
THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms.
_________________________ Signature __Director________________ Title
__Captial Projects__________
Department
Date Signed: __09.11.2024___
EAGLE SURVEYING, LLC – PUBLIC FACILITIES COST PARTICIPATION AGREEMENT
for the CONSTRUCTION OF A 10-FT SIDEPATH within the TASA SYCAMORE SIDEPATH PROJECT
PAGE 8 of 26
Docusign Envelope ID: FB7BD0EE-94C4-4138-B619-B88A53ED5948
DEVELOPER:
By:
Name:
Title:
ACKNOWLEDGMENT
THE STA TE OF -�-'------'-£ ....... K_,_tl--=----S ____ §
COUNTY OF De lfl::iov1 §
This instrument was acknowledged before me on the J_/!!_ day of S-e.f�l,,e,,r , 2024,by 6 n:c, c{ lb:,. L,,vi_s , on behalf of said company. '
.t�����i�,,,, COURTNEY MCDANIEL Jf,::...A.,.:·{�i Notary Public, State of Texas�H--�---�� Comm. Expires 01-10-2026"t��.t,,' Notary ID 133524596
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EAGLE SURVEYING, LLC – PUBLIC FACILITIES COST PARTICIPATION AGREEMENT
for the CONSTRUCTION OF A 10-FT SIDEPATH within the TASA SYCAMORE SIDEPATH PROJECT
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EXHIBIT A
PROPERTY LOCATION
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EAGLE SURVEYING, LLC – PUBLIC FACILITIES COST PARTICIPATION AGREEMENT
for the CONSTRUCTION OF A 10-FT SIDEPATH within the TASA SYCAMORE SIDEPATH PROJECT
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EXHIBIT B
TREES
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Docusign Envelope ID: FB7BD0EE-94C4-4138-B619-B88A53ED5948
EAGLE SURVEYING, LLC – PUBLIC FACILITIES COST PARTICIPATION AGREEMENT
for the CONSTRUCTION OF A 10-FT SIDEPATH within the TASA SYCAMORE SIDEPATH PROJECT
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EXHIBIT C
SIDEWALK EASEMENT
Docusign Envelope ID: FB7BD0EE-94C4-4138-B619-B88A53ED5948
City Project: Sycamore Sidepath/Welch Bike Lane Active Transportation Project City Project Number: 880025-3 Parcel Number: 1013221
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.]
SIDEWALK EASEMENT
THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON §
THAT EAGLE SURVEYING, LLC, A Texas Limited Liability Company (Grantor)
in consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) and other good and
valuable consideration in hand paid by the City of Denton, Texas, (Grantee), receipt of which is
hereby acknowledged, does by these presents grant, bargain, sell and convey unto the City of
Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along,
upon and across the following described property, owned by Grantor and situated in Denton
County, Texas, in the William Loving Survey, Abstract No. 759.
PROPERTY AREA DESCRIBED IN EXHIBIT “A”
AND ILLUSTRATED IN EXHIBIT “B”
ALL ATTACHED HERETO AND MADE A PART HEREOF
And it is further agreed that the City of Denton, Texas in consideration of the benefits
above set out, will remove from the property above described, such fences, buildings and other
obstructions as may now be found upon said property.
For the purpose of constructing, reconstructing, installing, repairing, and perpetually
maintaining a public sidewalk, in, along, upon and across said premises, with the right and
privilege at all times of the Grantee herein, his or its agents, employees, workmen and
representatives having ingress, egress, and regress in, along, upon and across said premises for
the purpose of making additions to, improvements on and repairs to the said public facilities or
any part thereof.
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EXHIBIT A
LEGAL DESCRIPTION
SIDEWALK EASEMENT
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PROPERTY ID: 1013221
EXHIBIT BILLUSTRATIONSIDEWALK EASEMENT
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EAGLE SURVEYING, LLC – PUBLIC FACILITIES COST PARTICIPATION AGREEMENT
for the CONSTRUCTION OF A 10-FT SIDEPATH within the TASA SYCAMORE SIDEPATH PROJECT
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EXHIBIT D
REQUIRED FACILITIES PROJECT PLAN AND DESIGN
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4SR MULBERRY LLC
(INST. NO. 2021-75231)
225 W MULBERRY ST
LOT 1R, BLOCK 1
DENTON AREA TEACHERS CREDIT UNION
ADDITION
(CAB. H, PG. 279)4SR MULBERRY LLC
(INST. NO. 2021-75231)
225 W MULBERRY ST
LOT 1R, BLOCK 1
DENTON AREA TEACHERS CREDIT UNION
ADDITION
(CAB. H, PG. 279)
4SR MULBERRY LLC
(INST. NO. 2021-75231)
230 W SYCAMORE ST
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W SYCAMORE STREET
ONE WAY STREET INVESTMENTS, LLC
(INST. NO. 2018-41910)
222 S ELM ST
LOT 2-A, BLOCK 25
ORIGINAL TOWN OF DENTON
(CAB. F, PG. 381)
CB DENTON SQUARE OWNER LLC
(INST. NO. 2020-34780)
210 S LOCUST ST
LOT 3R, BLOCK 24
ORIGINAL TOWN OF DENTON
(INST. NO. 2012-258)
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CBL
///////////////E ////////////////////////UGEUGEUGEUGEUGEOHEOHEOHEOHEOHEW SYCAMORE STREET
W SYCAMORE STREET
ELM STREETPTZNORTH
MATCHLINE - STA. 40+50MATCHLINE STA. 45+00SEE SHEET 124MATCHLINE - STA. 40+50MATCHLINE - STA. 36+00SEE SHEET 122PAVING LAYOUT - SYCAMORE ST
STA 36+00 TO STA 45+00
ALTERNATE SIDEWALK EXHIBIT
NORTH
212 W SYCAMORE PROJECT LIMITS
ADDITIONAL SIDEWALK EASEMENT (IN LINE WITH EAST ADJOINING PROPERTY)
NEW PROPOSED SIDEPATH LOCATION (SAVES LARGE TREES BEHIND CURB)
DRIVEWAY REQUIRED TO BE DONE WITH SIDEPATH WORK
CURRENT PLANNED SIDEPATH LOCATION (REMOVES LARGE TREES BEHIND CURB)
EXHIBIT D
Docusign Envelope ID: FB7BD0EE-94C4-4138-B619-B88A53ED5948
EAGLE SURVEYING, LLC – PUBLIC FACILITIES COST PARTICIPATION AGREEMENT
for the CONSTRUCTION OF A 10-FT SIDEPATH within the TASA SYCAMORE SIDEPATH PROJECT
PAGE 21 of 26
EXHIBIT E
ENGINEER’S OPINION OF PROBABLE CONSTRUCTION COST
Docusign Envelope ID: FB7BD0EE-94C4-4138-B619-B88A53ED5948
Kimley-Horn and Associates, Inc.Opinion of Probable Construction Cost
Client:City of Denton Date:7/26/2024
Project: 0918-46-267, ETC: Denton SRTS Prepared By: JRM
KHA No.:61024046 Checked By:AA
Title:212 Sycamore Alternative Sidewalk Path 1 Sheets
Item #TxDOT
Spec Item Description Total
Quantity Unit Unit Price Item Cost
1 0104 6015 REMOVING CONC (SIDEWALKS)79 SY 40.00$3,160.00$
2 0104 6017 REMOVING CONC (DRIVEWAYS)51 SY 25.00$1,275.00$
3 0161 6017 COMPOST MANUF TOPSOIL (4")65 SY 4.00$260.00$
4 0162 6002 BLOCK SODDING 65 SY 7.00$455.00$
5 0168 6001 VEGETATIVE WATERING 3 MG 200.00$600.00$
6 0479 6010 ADJUSTING MANHOLES (ELECTRIC BOX)2 EA 1,115.00$2,230.00$
7 0529 6008 CONC CURB & GUTTER (TY II)9 LF 65.00$585.00$
8 0530 6004 DRIVEWAYS (CONC)56 SY 100.00$5,600.00$
9 0531 6001 CONC SIDEWALKS (4")212 SY 100.00$21,200.00$
10 1004 6001 TREE PROTECTION 6 EA 300.00$1,800.00$
Basis for Cost Projection:37,165.00$
No Design Completed Mobilization / ROW Prep: 20% $ 7,433.00
Preliminary Design
Final Design
SubTotal:
The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions.
Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional
familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable
costs.
$4,459.80Contingency: 10%
TOTAL:$49,057.80
EXHIBIT EDocusign Envelope ID: FB7BD0EE-94C4-4138-B619-B88A53ED5948
EAGLE SURVEYING, LLC – PUBLIC FACILITIES COST PARTICIPATION AGREEMENT
for the CONSTRUCTION OF A 10-FT SIDEPATH within the TASA SYCAMORE SIDEPATH PROJECT
PAGE 23 of 26
EXHIBIT F
INSURANCE REQUIREMENTS
Docusign Envelope ID: FB7BD0EE-94C4-4138-B619-B88A53ED5948
INSURANCE REQUIREMENTS
Respondent’s attention is directed to the insurance requirements below. Failure to
comply strictly with the insurance requirements may result in default of this agreement
and prevent reimbursement by the City.
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 not commence any work until he or she receives notification
Certificate of Insurance has been received and approved by the City.
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 theState of Texas with an A.M. Best Company rating of at least A- or better.
•Any deductibles or self-insured retentions shall be declared. If requested by theCity, the insurer shall reduce or eliminate such deductibles or self-insuredretentions with respect to the City, its officials, agents, employees, andvolunteers; 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:
o Name as Additional Insured the City of Denton, its Officials, Agents,
Employees, and volunteers.
o That such insurance is primary to any other insurance available to the
Additional Insured with respect to claims covered under the policy and thatthis insurance applies separately to each insured against whom claim ismade or suit is brought. The inclusion of more than one insured shall notoperate to increase the insurer's limit of liability.
o 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.
EAGLE SURVEYING, LLC – PUBLIC FACILITIES COST PARTICIPATION AGREEMENT
for the CONSTRUCTION OF A 10-FT SIDEPATH within the TASA SYCAMORE SIDEPATH PROJECT
PAGE 24 of 26
Docusign Envelope ID: FB7BD0EE-94C4-4138-B619-B88A53ED5948
•Should any of the required insurance be provided under a claims made form,
Contractor shall maintain such coverage continuously throughout the term of thiscontract and, without lapse, for a period of three years beyond the contractexpiration, such that occurrences arising during the contract term which give riseto claims made after expiration of the contract shall be covered.
•Should any of the required insurance be provided under a form of coverage thatincludes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, theContractor shall either double the occurrence limits or obtain Owners andContractors Protective Liability Insurance.
•Continuous coverage is required prior to payment being made by the City. Ifinsurance lapses, City may, at its sole option, terminate this agreement effectiveon the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies shall comply with the following specifications, and shall be
maintained in compliance with these specifications throughout the duration of the Contract, or longer, if so noted:
A.COMMERCIAL GENERAL LIABILITY
Contractor's Liability Insurance, which shall be on a per project basis
covering the Contractor with minimum limits of:
$1,000,000 each occurrence
$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
B.WORKERS’ COMPENSATION and EMPLOYERS LIABILITY INSURANCEWorkers’ Compensation within the regulations of the Texas Workers’
Compensation Act. The minimum policy limits for Employers Liability are:
Bodily Injury by Accident: $100,000.00 Each Accident
Bodily Injury by Disease: $100,000.00 Each Employee
Bodily Injury by Disease: $500,000.00 Policy Limit
EAGLE SURVEYING, LLC – PUBLIC FACILITIES COST PARTICIPATION AGREEMENT
for the CONSTRUCTION OF A 10-FT SIDEPATH within the TASA SYCAMORE SIDEPATH PROJECT
PAGE 25 of 26
Docusign Envelope ID: FB7BD0EE-94C4-4138-B619-B88A53ED5948
NOTES:
a.If CONTRACTOR will not be providing services under the contract at a City
facility, has no employees and/or is operating as a sole owner and single
operator, CONTRACTOR shall provide a signed letter, with the current date,
on official letterhead stating such to meet the requirement.
b.If CONTRACTOR is a non-subscriber or is self-insured CONTRACTOR
shall provide a copy of its Certificate of Authority to Self-Insure from the
Texas Department of Insurance, Division of Workers’ Compensation Self
Insurance Regulation Program, evidence of alternative coverage and
internal safety and injury coverage policies and procedures.
C.BUSINESS AUTOMOBILE LIABILITY INSURANCEBusiness Automobile Liability Insurance covering owned, hired, and non-
owned vehicles, with a minimum combined single limit for bodily injury (including
death) and property damage limit of:
$1,000,000.00 per occurrence.
NOTE:
a.If CONTRACTOR does not have owned, hired and non-owned autos or
vehicles and/or no autos or vehicles will not be used in the performance of
services under the contract, CONTRACTOR shall provide a signed letter,
with the current date, on official letterhead stating such to meet the
requirement for owned autos.
SUBCONTRACTING LIABILITY (1) Without limiting any of the other obligations or liabilities of the CONTRACTOR, theCONTRACTOR shall require each Subcontractor performing work under the contract, atthe Subcontractor's own expense, to maintain during the engagement with the CITY,
types and limits of insurance that are appropriate for the services/work being performed,
comply with all applicable laws and are consistent with industry standards. TheSubcontractor’s liability insurance shall name CONTRACTOR as an additional insured.
(2) CONTRACTOR shall obtain and monitor the certificates of insurance from each
Subcontractor. CONTRACTOR must retain the certificates of insurance for the duration
of the contract and shall have the responsibility of enforcing insurance requirementsamong its subcontractors. The CITY shall be entitled, upon request and without expense,to receive copies of these certificates.
EAGLE SURVEYING, LLC – PUBLIC FACILITIES COST PARTICIPATION AGREEMENT
for the CONSTRUCTION OF A 10-FT SIDEPATH within the TASA SYCAMORE SIDEPATH PROJECT
PAGE 26 of 26
Docusign Envelope ID: FB7BD0EE-94C4-4138-B619-B88A53ED5948