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July 19, 2005 Agenda AGENDA CITY OF DENTON CITY COUNCIL July 19, 2005 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, July 19, 2005 at 4:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Receive a report, hold a discussion and give staff direction on an ordinance to amend the Development Review Fee Schedule for minor amendments to planning application fees. 2. Receive a report, hold a discussion, and give staff direction regarding the potential release of approximately 6.32 acres of the City of Denton's extra-territorial jurisdiction (ETJ) to the City of Corinth. (SI05-0016, Corinth ETJRelease Request) 3. Receive a report, hold a discussion and give staff direction regarding proposed amendments to the Development Code related to infill development regulations. (S05- 0013, Infill Development Regulations) 4. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of July 19, 2005. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. 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, as set forth below. 1. Closed Meeting: A. Personnel Matters - Under TEXAS GOVERNMENT CODE Section 551.074 1. Discuss and deliberate the duties, employment, and appointment of the City Attorney. 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 ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §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 TEX. GOV'T. CODE, §551.001, ET SE Q. (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 §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. City of Denton City Council Agenda July 19, 2005 Page 2 Regular Meeting of the City of Denton City Council on Tuesday, July 19, 2005 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: I. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards B. July Yard-of-the-Month Awards C. Recognition of staff accomplishments 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - H). 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, Consent Agenda Items A - H below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda. A. Consider adoption of an ordinance accepting competitive bids and awarding a three-year contract for the purchase of electrical secondary connection pedestals for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3347 - Three-Year Agreement for Purchase of Electrical Secondary Connection Pedestals awarded to the lowest responsible bidder for each item, Priester Supply, in the annual estimated amount of $30,000). The Public Utilities Board recommends approval, (5-0). B. Consider adoption of an ordinance accepting competitive bids and awarding a three year contract for the purchase of Polymer Concrete Transformer Pads for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3348 - Three Year Agreement for Purchase of Polymer Concrete Transformer Pads awarded to the lowest responsible bidder for each item in the annual estimated amount of $26,000). The Public Utilities Board recommends approval, (5-0). C. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract with Jamail Construction Company for the design/build of a replacement landfill scale house in an amount not to exceed $296, 438. The Public Utilities Board recommends approval (4-0). City of Denton City Council Agenda July 19, 2005 Page 3 D. Consider adoption of an ordinance of the City of Denton accepting competitive bids and awarding a contract for the purchase of two 10,000 gallon above ground fuel storage tanks for the Solid Waste Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3343 - 10,000 Gallon ConVault Above Ground Fuel Storage Tank awarded to Holloway Welding and Piping Company in the amount of $71,152). The Public Utilities Board recommends approval, (5-0). E. Consider adoption of an ordinance authorizing an agreement between the City of Denton and the Federal Aviation Administration providing a land site and space for the Automated Surface Observation System; and providing an effective date. The Airport Advisory Board recommends approval (7-0). F. Consider adoption of an ordinance approving a fourth amendment to an agreement between the City of Denton, Texas and the Greater Denton Arts Council dated October 15, 1990, authorizing the City Manager to execute a fourth amended agreement approving the expenditure of funds therefor; and providing for an effective date. G. Consider approval to reallocate 1996 Capital Improvement Program funds previously dedicated to entranceways and wayfinding signs for the construction of an entranceway wall. H. Consider approval of the minutes of: June 7, 2005 June 14, 2005 June 21, 2005 June 22, 2005 June 22, 2005 - DISD joint meeting 4. PUBLIC HEARINGS A. Hold the first of two public hearings to consider annexing approximately 244 acres into the corporate city limits of the City of Denton, Texas. The property is generally located south of Mingo Road and both sides of Collins Road in the eastern section of the City of Denton Extraterritorial Jurisdiction (ETJ). (A05- 0001, Ash Grove Cement Distribution Center) B. Hold a public hearing and consider the adoption of an ordinance rezoning of approximately 4.5 acres from Neighborhood Residential 6 (NR-6) zoning district to Neighborhood Residential Mixed Use (NRMU) zoning district. The property is generally located at the northeast corner of Fort Worth Drive, Country Club Road and Hobson Road. The Planning and Zoning Commission recommends approval (7-0). (Z05-0009, Villas of Forest Glen Phase 2) City of Denton City Council Agenda July 19, 2005 Page 4 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with the firm of James R. Kirkpatrick, Inc. dba Kirkpatrick Architecture Studio to provide architectural design services for the Fire Station #7; authorizing the expenditure of funds therefor; and providing an effective date (RFP 3324 in an amount not to exceed $250,000). B. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with the firm of James R. Kirkpatrick, Inc. dba Kirkpatrick Architecture Studio to provide planning, design, and professional services for the City of Denton Public Safety Training Facility Master Plan; authorizing the expenditure of funds therefor; and providing an effective date (RFP 3324 in an amount not to exceed $205,500). C. Consider adoption of an ordinance approving the expenditure of funds for the purchase of video cameras and controllers for the City of Denton Traffic Control Department; available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3357 - Purchase of Video Cameras/Controllers for Traffic Signals to Paradigm Traffic Systems, Inc. in the amount of $131,952.80). D. Consider adoption of an ordinance appointing Edwin M. Snyder as City Attorney and approving an employment agreement and authorizing the Mayor to execute this Employment Agreement employing Edwin M. Snyder as City Attorney of the City of Denton, Texas; setting the compensation and terms of that employment; authorizing expenditures and actions; and providing an effective date. E. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Willie Hudspeth regarding concerns of Southeast Denton. B. Petemia Washington regarding Moxie and Pruddie Kinney. F. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. G. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda H. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 1. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda July 19, 2005 Page 5 CERTIFICATE certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 2005 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. THIS PAGE INTENTIONALLY LEFT BLANK AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2005 DEPARTMENT: Planning and Development ACM: Jon Fortune, Assistant City Manager SUBJECT Receive a report, hold a discussion and give staff direction on an ordinance to amend the Development Review Fee Schedule for minor amendments to planning application fees. BACKGROUND The last major overhaul of the development review fee schedule, with the exception of the new engineering fees, was done in 1999. This set of amendments aims to capture fees for applications for which there was no specific item on the fee schedule and for consistency in notification fees. A. Fees for Processing and Reviewing Not Shown on Current Fee Table This proposal to amend planning fees does not propose any amendments to the major fees currently charged by the City of Denton; therefore, the preliminary and final platting fee (for planning) as well as the zoning fees are not proposed to be changed at this time and have not been amended since 1999. In a survey of several cities in the Metroplex, staff found that other cities do not have the equivalent of an alternative development plan or general development plan or environmentally sensitive areas analysis or gas well plat, although three cities are currently drafting gas well ordinances. For the majority of the fees in Table 1 below, fees have been interpolated by staff and charged over the last several years. For example, for an alternative development plan (which is treated like a zoning case but which was not a fee specified on the Fee Ordinance), staff charged the "zoning fee". This amended ordinance sets forth "Alternative Development Plan" as a specific fee so that the fee amount is clear and that the authority for the fee is now clearly in place. Staff is continuing to monitor the current fee schedule and with upcoming improved cost of service data may consider recommending other fee changes. Table 1. Fee Classification Proposal 1. Amendment to as well plat 2. Zoning Verification letters: adding certificate of occupancy, subdivision, violation and expedited review 3. Amendment to specific use permit 4. Overlay District 5. Alternative Development Plans 6. Historic Conservation District 7. Environmentally Sensitive Area Assessment 8. Tree Mitigation 9. Local Permit 10. Copies 11. Maps 12. Review of applications not associated with plats or rezoning B. Fees for Notifications to achieve consistency The city currently charges notification fees (cost of newspaper publishing and postage) on zoning, residential replat, and ZBA variances, for example, but they are not explicitly set forth in the current fee schedule. These amendments would specifically add notification fees (newspaper publishing and postage) to the fee schedule for the following applications: annexation, amending plat and replat, board of adjustment variance, overlay district, amendment to specific use permit, comprehensive plan amendment, zoning change, extension of a specific use permit, amendment to a specific use permit, planned development detail plan amendments, historic landmark and conservation districts, and special exceptions requiring Council approval, will be charged. The notification fees are charged in order to recover the cost of newspaper advertising and postage and should equitably be charged to all applications for which notice is required in either the state law or the Denton Code. C. Deleted Fees The deleted fees are based on an interim ordinance that is no longer in place and on PD's; since new PD's were eliminated in 2002, this fee is proposed for elimination. 1. Planned Development District Detail Plan 2. Zoning Plan (Interim Ordinance) 3. Project Plan (Interim Ordinance) 4. Design Plan (Interim Ordinance) D. Right of Way Fees Right of way staff polled several surrounding cities concerning their right of way fees. Most of the towns smaller than Denton had no processing fees and rarely processed abandonments. The City of Fort Worth charges $300.00 for easement abandonment processing and $500.00 for street right-of-way abandonments plus fair market value. The City of McKinney charges $100.00 for any type of abandonment application, while the City of Frisco charges $100.00. The City of Irving charges a $150.00 abandonment application fee. Cities that do not charge application fees for abandonments include Carrollton, Plano, and Farmer's Branch. The City of Dallas seems to be the most progressive city in recapturing staff costs to process real estate related transactions. Dallas has a very detailed process established for abandonments, and leasing/licensing their public right-of-way. For easement abandonments they charge a $2,500.00 non-refundable application fee and a $50.00 recording fee. If the area to be abandoned is a street, alley or storm water management area, then the applicant must provide an additional $2,500 appraisal fee, any excess to be applied to the actual purchase price of the subject abandonment tract. For right-of- way use agreements/license agreements they charge a $750.00 application fee plus a $50.00 recording fee. Table 2. Existing Right of Way Fees 2005 City- Abandon Easement Fee Abandon Street Fee Dallas $2500 $2500 forappraisal Fort Worth 300 500+ fair market value McKinney 100 100 Irving 150 N/A Frisco 100 N/A Denton 0 0 *Cities not charging this fee include Carrollton, Plano, and Farmers Branch. Source: Denton Staff Survey, 2005 On a very simple easement abandonment Denton staff usually spends about 10-15 hours of staff time. Most abandonments are not simple especially if there are utilities to be relocated in conjunction with the easement abandonment. Right-of-Way Use Agreements and Street Right- of-Way Sales are more complex and sometimes require more staff time. (First Street/Nayfa is a good example.) The ROW fee structures, as proposed, will not cover the City's cost to process any of the transaction types, although our goal was to try to capture about 50% of the cost on average. These fees are reasonable enough to afford smaller tract owners who have title/easement issues to be able to obtain reasonably priced solutions for their properties. The right of way fee proposal is contained in Attachment 1, Fee Proposal. A two-tiered process in envisioned for City staff to undertake a request that applies to City owned real estate and land rights. The initial application requires some due diligence on an internal level to determine if there is staff support of the desired outcome by the applicant. If there is a positive staff recommendation for the application, then the request can be taken forward upon the receipt of the published processing fee. If there are technical or legal circumstances that exist or financial thresholds that cannot be eclipsed by either the applicant or other entities involved, then the course of action ceases with nominal financial impact to the applicant. E. New Fee A fee for all reviews (on plats) beyond the first two is added to track the engineering review process in which the City is seeking high quality first submittals from applicants. Future Fees The Planning and Development Department continues to evaluate the current fee structure. Cost of service data is being collected and will be evaluated to determine in additional fee increases are warranted. OPTIONS 1. Direct Staff to prepare an ordinance and bring back to Council for consideration 2. Direct Staff to prepare an ordinance with changes to reflect the comments at the work session and bring back to Council for consideration 3. Direct Staff to bring additional information back to Council PRIOR ACTION/REVIEW (Council) Council adopted fees for engineering development review at its June 21, 2005 meeting. ATTACHMENTS 1. Proposed Fee Schedule Respectfully submitted by 4r4"X"'-' Kelly Carpenter, AICP Planning and Development Director PLANNING AND DEVELOPMENT DEPARTMENT City Hall West - 221 N Elm - Denton, Texas 76201 voice: (940) 349-8350 fax. (940) 349-7707 www.cityofdenton.com Development Review Fee Schedule (Amended MaFGh 2, 2004IJuly 2005) • of Application Fee Pre-design Conference (Mandatory unless waived by DRC Chairman) 1 ~ Pre-design Conference (Mandatory unless waived by DRC Chairman) $250 (credited toward other fees) Plat SF & 21`: $200 + $6 / lot 2 Preliminary or Final Conveyance or Development Plat All Others: $200 + $10 / acre Residential: <10 lots: $200 + $6 /lot 3 Preliminary or Final Plat Residential: >10 lots: $300 + $10 /lot Nonresidential: $300 + $15 / acre 4 Amending Final or Amending Preliminary Plat/ Replat $250_(t NotfrP Ppes 5 Minor Plats $300 + $6 / acre 6 Each additional review beyond the second review for all types of plats $250 7 Extension of Time for Plat $100 8 Vacation of Plat $250 9 General Development Plan $100 + $15 /acre Gas Wells 10 11 r idrnent tc a all 7' - - 12 Watershed Protection Permit $1,300 per well 13 Gas Well Inspection Fee $1,200 per well 14 Tree mitigation as required per § 35.22.8.c.iii $ _ per inch Variances 15 Variance to Subdivision Regulations $250 per variance 16 Board of Adjustment $250 per variance Zoning & Land Use $ 25 per site 17 Zoning Verification Letter Fee .,,w , a r 18 Annexation Petition $750 + Nu 0 - 5 acres: $1,500 5 25 acres: $2,000 19 Comprehensive Plan Amendment 25 50 acres: $3,000 50 + acres: $4,000 + $10 / acre ,es 0 - 5 acres: $850 5 25 acres: $1,250 20 Zoning Change (includes PD Concept Plans) and Alternative Site Plan 25 50 acres: $2,000 50 + acres: $2,000 + $10 / acre E yes) 21 Overlay District $250 No - IS 22 Specific Use Permit $1,500 + $65 / acre 23 Amendment to Specific Use Permit $250 + additional $100 if processed administratively Notification Fees} 24 Extension of Time for Specific Use Permit $250 25 Planned Development District: Detailed Site Plan $1,000 + $25 / acre Notification Fees) 26 Planned Development District Detailed Site Plan Minor Amendment $250 + additional $100 if processed administratively Notification Fees) 27 Planned Development District Detailed Site Plan Time Extension $250 28 Special Exception requiring City Council action $ 500 Notification Fees) PLANNING AND DEVELOPMENT DEPARTMENT City Hall West - 221 N Elm - Denton, Texas 76201 voice: (940) 349-8350 fax. (940) 349-7707 www.cityofdenton.com Development Review Fee Schedule (Amended MaFGh 2, 2004July 2005) Site Plans 29 Non-Single-family Site Plan Review (including landscaping and $0.03 per square foot of proposed building with a $50 architectural review) Minimum and not to exceed $1,500 J- r 30 ii n ii' F' 31 32 Historic Landmark 33 Historic Landmark Designation $65 34 h c e N: L ri, ` Environmental 35 Notice 36 Public Hearing Legal Notice for Property Owners within 200 feet Current Postal Rate for Certified Mail + $.055 - each 37 Public Hearing Courtesy Notice for Residents within 500 feet Current Postal Rate for First Class Mail - each 38 Public Hearing Sign - 2'X3' for road frontages of 45 or less mph $65 each 39 Public Hearing Sign - 3'X4' for road frontages of 45+ mph $100 each Publication Fees "Di'" hr n~* din- . Annexation - $350 40 _nr f ti nr• Zoning - $70 Right-of-way 41 Abandonment. 42 F r 43 44 E =ment En i it. it fee 45 f-- E , Tree Mitigation 46 Local Permit 47 L Sale of Documents 48 B. jite Copies '11. =$51c PY 11 - 01c 49 Color Copies 50 F. c., ps t min 51 ~VVG - Cie may books PLANNING AND DEVELOPMENT DEPARTMENT City Hall West - 221 N Elm - Denton, Texas 76201 voice: (940) 349-8350 fax. (940) 349-7707 www.cityofdenton.com Development Review Fee Schedule (Amended MaFGh 2, 2004July 2005) 0 - NOTE: The fees for items #'s 4, 16, 18, 19, 20, 21, 23, 25, 26, 28, 33, and 34 will be collected at least five days in advance of mailings and sign postings. Failure to pay fees will result in removal from scheduled agenda. THIS PAGE INTENTIONALLY LEFT BLANK AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2005 DEPARTMENT: Planning and Development Department CM/DCM/ACM: Jon Fortune, Assistant City Manager SUBJECT SI05-0016 (Corinth ETJRelease Request) Receive a report, hold a discussion, and give staff direction regarding the potential release of approximately 6.32 acres of the City of Denton's extra-territorial jurisdiction (ETJ) to the City of Corinth. BACKGROUND The City of Corinth has passed two resolutions requesting the release of approximately 6.32 acres of land located within Denton's Division II Extraterritorial Jurisdiction (ETJ) and entering in to an unconditional joint resolution regarding the acreage. (Refer to Attachment 1.) The release area is located south of Corinth's city limits and north of Lake Lewisville. (Refer to Attachment 2.) Corinth's release request is submitted at the request of the property owner, Ben Pinnell, so that single-family development proposed for the area will receive Corinth utilities and emergency services. (Refer to Attachment 3.) City of Denton ETJ Policies (The Denton Plan) The Denton Plan specifically addresses the issues of Extra Territorial Jurisdiction and Annexation in "The Edge" Chapter of the Land Use Element of the plan. The plan calls for the city to examine the long-term goals of annexation of land to accommodate growth in population, but to temper the amount of land annexed by the ability of the city to provide adequate infrastructure within a reasonable timeframe. To date, the City has not developed a specific annexation strategy to be used as a master annexation plan. A discussion of potential annexation strategy is scheduled for the City Council on August 9, 2005. ETJPolicy (City Code of Ordinances) The City adopted an inter-local cooperation agreement (proposed between the City and Denton County) for regulatory jurisdiction within the ETJ. Per the agreement, Denton has jurisdiction to regulate subdivision plats and approve related permits in the City's Division I ETJ, and the County has jurisdiction to regulate subdivision plats and approve related permits in the City's Division II ETJ. The County has not signed the agreement. The current conditions and issues are as follows: • By Texas Local Government Code, the City of Denton may maintain a 31/2-mile ETJ extending beyond the city limits. The 3 '/z-mile ETJ includes both Division I and II. 1 • Subdivision regulations are enforced in the ETJ. The County does not issue building permits nor does it regulate zoning. • The subject property is located within Division II of Denton's ETJ. Therefore, the County, not the City of Denton, regulates subdivision and platting in this area. • Once Denton self-certifies a population of 100,000, the City may extend its ETJ 5 miles beyond the current city limits. Denton may reach this milestone by summer 2006. • The current annexation resolution states that no areas of the City of Denton ETJ are considered for annexation, which would include more than 100 separate tracts of land on which one or more residential dwellings are located on each tract. The areas under consideration contain no dwelling units. • Additionally, state law provides that any annexation must be contiguous to the current city limits and must be greater than 1,000 feet wide. The subject area is approximately 1.24 miles from the nearest Denton city limit line. The southern boundary of the area under study is approximately 65 feet from the northern boundary of Lake Lewisville. If the City were to annex the property, the City would need to annex 5 parcels, consisting of approximately 680.74 acres of land. • The Denton Plan states that ETJ areas that are isolated or pose accessibility problems should be carefully evaluated to determine if service provision is able to occur on a cost- effective basis. Further, Denton "will work with adjacent municipalities to determine shared boundaries, and will execute inter-local agreements based upon mutual agreement that will benefit affected property owners. The municipalities along the western edge of the ETJ-Northlake, Ponder, and Sanger - will be approached to determine if jurisdictional boundaries can be determined through the negotiation of inter-local agreements." • The Denton Plan identifies this area as 100 Year Floodplain/Environmentally Sensitive. Floodplain/Environmentally Sensitive land uses are properties that the City of Denton has identified as areas that should be protected from development impacts. • Since the area is in Denton's ETJ, a watershed protection permit for drilling is required. A gas well could theoretically be located on the property. If the property is no longer in Denton's ETJ, the City loses its ability to regulate gas wells on the property. • The ETJ area proposed for release is outside the City of Denton's water and wastewater service area. • Providing services and infrastructure to this area, even within a 20 to 30 year time frame would in all probability exceed the revenues generated from the property taxes gained by annexation. OPTIONS 1. Release the ETJ as requested. Based on an assessment by all City Departments that would be impacted by the release, the request will not have any great effect on to the City of Denton long-range planning for growth: • The amount of land required to incorporate this site into the City of Denton (including the subject tract and at least 5 parcels not directly involved in the proposed development) is one limiting factor to annexation. • The proximity of the areas to the City of Corinth make servicing more economically feasible for Corinth. 2 • The closest City of Denton Facility is the Hickory Creek Lift Station (Located south of Teasley and West of Old Alton Rd.) There are no future plans to extend water and waste water services in this area by the City of Denton, and it lies outside Denton's CCN. • The Denton Plan states that the ETJ area that extends east from Hickory Hill Road, toward Lewisville Lake between Highland Village and Corinth will not be relinquished by the city unless all water quality concerns are addressed with respect to Denton's raw water supply, stormwater quality, and other environmental objectives. Should City Council decide to release the ETJ, the resolution approving this ETJ release should include the following language: The City of Corinth provides all assurances regarding protection of Denton's raw water supply, stormwater quality, and other environmental objectives. • This area is not likely to be annexed by Denton due to the extent of floodplain land under the jurisdiction of the U.S. Army Corps of Engineers. In addition, tract One (3.065 acres) has approximately 0.75 acres located in the 100-year floodplain and 1.17 acres located in the 500-year floodplain. Tract Two (3.258 acres) has approximately 2.12 acres in the 100-year floodplain and 0.39 acres in the 500-year floodplain. • The subject area is located within Division II of Denton's ETJ. The County, not the City, regulates subdivision and platting. 2. Do not release the ETJ. ATTACHMENTS 1. City of Corinth's Joint Resolution and Agreement between the City of Denton and the City of Corinth releasing and accepting Extra Territorial Jurisdiction 2. Location Map 3. Preliminary Plat for the Bluffs at Pinnell Pointe 4. ETJ Policies and Strategies (Denton Plan) 5. Development Standards and Requirements in the ETJ (Code of Ordinances) 6. Division I and 11 ETJ Map Prepared by: Dedra Denee Ragland, AICP Planning Manager Respectfully submitted: - 4X~v 61-"~ Kelly Carpenter, AICP Director of Planning and Development 3 Attachment 1 City of Corinth Joint Resolution joYNT mnuTm NO. Mfilfi:12 A .TOM RI MVTION AND AGVJZEWM SETWIMS TM CITY OF ]sENTON Arm TM CITY i3F COMNM RELEASING AND ACCEp'Y rXMA TERMTORIAL JUROM QOM . WHEREAS, ft City of CWi A Corinth") is a hwc rule city and ee City of Detttan CkMbM'ry is a home rule rq, bath sintered m Dtaon Cauay, Testes; ate W8LREA& - Mmkipali = in Texas stet attthmmOd and empowered' Pursuant so Chaplets 42 and 43 of the Texas Local 4trvadve& Cede m acxameplish matuaily agreeable 4uW0m2f9 in then' extra ternh3did JudMiedgm boundaries and to OPW 1o 'edges dMir salt's tfrtit=W juries and WnMU9, the rCSpo,.&e governing bodies ofthe cities hereby determine that this joint re5oWon is in fist best bftfeg of dw hadtb- safety, morals and 4velfaM of the eitlMMs of the respective cities told hemby wftrizr. rho mayor of each dry to wwutc "j oast tesolutiOn, NOW, THEREFORE' BE IT RM0j,VED BY TEL Cny COUNCM OF THE CITY OF DENTON AND THE C1TY COUNCIL OF THE CrM OF CORDMM. SLIMON 1. Denton does hereby ertu *nditianally relinquish and rdeaae to the City ofCarinfh arty and all of the extm terxibarIel jmMcdonal sighs that Dentate be or mass hs;ro in and to the area designated as Ract t on E,xha'bit "A", which is mtaehed i n*9 ms d icaWMd herein fOr all pu pos4. The City of Corinth does bMby include aged aaecpt Trutt 1 iabo do extra lxnriwrial kdsdittiors of Ow Laity of CcT!nth and does hereby agree to assmm the tights and abligatians appurtetuaat to Trect 1. 4 i~G'TljOIY 3. Additionally, D4 mton does hereby unto &fwnatly Tdinquish and rele to the City Of Coa'inth any mad all of the eam tritcad jmiaktlanal fights that Dentm tetra or may have m and to the area desigpmed as Tract 2 oa tau"bit "A", which is attached hereto and immp aicd barc n fior all boas. SECTION 4. ne {hty of Cenn& does luny mdude and gagept Ttaet 2 into the extm territorial jurisdiction of the City of caAnth anti does hereby awca to asm= the rights and obliga#ons appurtemwd le Tract 2. SEMON 5. Tl= 7vim Resoka= slraIl he e&ctivc afar it is appufed by both city catmeils. APPROVED this - day of 200.5. Mayas. (2y► of Deman ATT1:SP City gam, Chy of Deam APPROVED AS TO FORM: City Atomay, City af'>ae Wft 5 APPROVED has day Of 2005_ ATTFIST- V 4~ city Q Ma co M , A AS r-- FC~RM: CYty A CH Of CMiBlh 6 ELT "A" PWlof2 LEGAL DESCHIMON Awexstkm Traces 1 and 2 3.065 Acros and 3.258 Acres Traat 1 3.065 Aaasa Being all tfd oettaln krL tract or pmvd of land a€tnated is Ow Wtbrn L rrX Sxwny, Abatraet Number 74% DcM= Cvmsty, Taxes, being pad of o at c want of land dcactt`l ed in deed to i uetts M. HoIC►b Mewded In V olum 1717, Page 436 and Valrmae 2007, Page 142 of the Real Properly Rem & ofDmUm County. Texas aid being n Vff&UZwig described as fidkws: BEGMING at a point on tt vmsi lice of said Holcomb tract, f3+am whiff paint United S"ta#es Ay_ay COMs of Bn&=s Labe Mommxnt F3323-61 beam N t]98d6'49° W. 185.73 feet, said point king on dk appwent city limit of tha City of Cwinth; TmNcz s 8rorir E,128.13 fxt slang said apparent CY Unlit; Z'WWCE S 89°5357" E, 37260 fid~ oWmmng aleng sW fidc~ f° a Pmt OlLft easterly line of aaid Holaomh tract, being on the L ville Floe botntdary; "ONCE i laft dw oommon Hw of said Holoornb tract and said lake bae . the fallowing. S 14459'03" ail, 512.84 feel, to Monamw F523-56 6aond.; * 66943'04" W.154.99 feet, to A awment F523-57 faad; N 09°25'44° , 25x31 feet, to meant F521-58 found-, N 2r33'Or W, 143.59 feet, to M FM-59 found. S 37°17'53" W, 163.51 feet, to Mwmmnt F523-60 f m d; and N 09°06+49 ' W, 192,65 feel, to the 1'UlUff OF BFAMUMG and cog app= Y 3.065 MW eflaaad. 7 EXHMff NA'4 Page 2 oft TY=t2 3.258 Acm Bung all asst certain J, tact or psrmel of land sitetated in the Wdlism Ldtc l Survey, AbAract Number 74% Daman Comfy, Taman, being Pert of that Certain called 32.673 awe tract of 1End described in deed to Will%smaan Fwzifly Party Ltd. m=ded m DawwMt Nun* = 95-D74696 ofthe Red Property Recoub of Dons n Co7mty. Tcn4 and being mare pudeldarly described as follows: MGER i NG at a pc t on IM con=ioee bae of w M 32.673 am tract and Lcw6viUa lake, from which United States Amy Corp of Engi =3 Laiae Monm=t F523-44 tars S 22°54}10" W, 48,92 feet, said point being on the agpareat city lltnit of City of Corinth; THENCE S 2°54'1(' W, 349.79 foot, along sedd Hne, io Mnument F523-46 f win T3MNCE S 52W W W, 218.83 feet, confnuing along said Ilan, in Manumad FM-47 fauud; TIJKKCE X 50°4749" W, 167-01 € n4 cont'tnuimg ekM said line, to MOOMMM F523-U farad; TMNCE N l0°5W'42" K 249.42 feet, an tmuing akog said live, to Mom meat F523- 9 found; TMMCE N 12°56t35- B, X41.52 f wt, confinimg moon said Ene, to the POMT OT BECMVNING and eoAr Wnift appwximatoly 3.258 acres of land. NOTE: The legal description for Tract 2, as approved by City of Corinth, did not close within acceptable tolerances. The City of Denton Real Estate and Capital Supports Division indicated that a couple of the calls were missing from the description. The Surveyor, Bobby Dollak has provided the following revised legal description, which does meet the City of Denton's tolerances for closure: EXHIBIT "A" Page 2 of 2 Tract 2 3.258 Acres Being all that certain lot, tract or parcel of land situated in the William Luttrell Survey, Abstract Number 740, Denton County, Texas, being part of that certain called 32.673 acre tract of land described in deed to Williamson Family Partners, Ltd. recorded in Document Number 95-074686 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: 8 BEGINNING at a point on the common line of said 32.673 acre tract and Lewisville Lake, from which United States Army Corps of Engineers Lake Monument F523-44 bears S 22°54' 10" W, 48.92 feet, said point being on the apparent city limit of the City of Corinth; THENCE S 22°54' 10" W, 349.79 feet, along said line, to Monument F523-46 found; THENCE S 52°00'30" W, 218.83 feet, continuing along said line, to Monument F523-47 found; THENCE N 50°47'49" W, 167.01 feet, continuing along said line, to Monument F523-48 found; THENCE N 10°59'42" E, 249.42 feet, continuing along said line, to Monument F523-49 found; THENCE N 12°56'56" E, 141.52 feet, continuing along said line, to a point on the apparent City Limit of the City of Corinth; THENCE S 89°53'57" E, 201.40 feet; THENCE N 85°27'32" E, 176.92 feet to the POINT OF BEGINNING and containing approximately 3.258 acres of land. 9 ~a J 4 ~ ■ J d * # J - s. ~ 18 - ~ 10 - ~ rt E W~T a e iP W J n~ er P ` 0 E ~ ~ Q r 7{*~o cis Il a r~ 8v ~ ~ fo y~ o a o n ' X 4X 150.91 y s • ~ o~ a J Y 6D m .J t Ld 4 J C ° 5110 arm Y E m 0 m d=}fl B • W # J ~ r 10 Attachment 2 Location Map 'ity of Denton A - _ d TR Oe ~ QQ ~ p.G~ ~ ~I Tract 1 3.065 Acres Tract 2 3.258 Acres ~ I ~a I i I I_LW S'J E.\KF < 4 6 ! a I 1. FW I S V I I LE LA K'- Vo I . n 65. 08.6]8 I ANNEXATION FXHIBI' H~ ~ I o4J19~ 1 Attachment 3 Preliminary Plat for the Bluffs at Pinnell Pointe WAM %Uw .v. $ - # rat,# ...r_ a i 12 Attachment 4 Denton Plan Annexation and ETJ Policies and Strategies (Excerpt from Denton Plan. 1999-2020, pgs. 28 through 30) • Denton's ability to grow and expand should be identified in the city's annexation strategy. City limits and extraterritorial jurisdiction (ETJ) boundaries should be clearly established, and relationships with other jurisdictions should be determined through interlocal agreements. The annexation strategy should also reflect the costs of service provision and external environmental impacts associated with land located in the ETJ. • Adopting an aggressive annexation policy in order to manage the density and quality of growth within current ETJ land, and to maintain the existing certificate of convenience and necessity (CCN). • Denton should endeavor to set finite boundaries that make sense, rather than allowing annexations to set arbitrary ETJ edges. ETJ edge areas that are isolated or pose accessibility problems should be carefully evaluated to determine if service provision can occur on a cost effective basis. Political subdivisions adjacent to Denton, such as Argyle and Corinth, are obvious hard edges to Denton's jurisdiction. Geographic boundaries can also be used advantageously. • Denton will endeavor to protect the integrity of neighboring communities where development in Denton occurs adjacent to those communities. • The city will work with adjacent municipalities to determine shared boundaries, and will execute interlocal agreements based upon mutual agreement that will benefit affected property owners. The municipalities along the western edge of the ETJ (Northlake, Ponder, and Sanger) will be approached to determine if jurisdictional boundaries can be determined through the negotiation of interlocal agreements. • The city will prepare an annexation plan, in accordance with state legislation and with a minimum three-year time horizon, to coordinate the availability of municipal services with areas likely to experience development pressure at urban densities. The city annexation plan will be considered a master plan that requires coordination with other master plans that address water, wastewater, drainage, transportation, parks, libraries, capital improvement programs and other improvements. • The city will not encourage development at the edges of its ETJ, in recognition of the higher costs of "leapfrog" development and haphazard urban sprawl. An estimated sixty percent of the land area within the city remains undeveloped, and services are for the most part reasonably available to vacant land inside Denton. Incentives encouraging infill development will be implemented, particularly within existing city limits. • The ETJ area that extends east from Hickory Hill Road, toward Lewisville Lake between Highland Village and Corinth, will not be relinquished by the city unless all water quality concerns are addressed with respect to Denton's raw water supply, stormwater quality, and other environmental objectives. This area is not likely to be annexed due to the extent of floodplain land under the jurisdiction of the U.S. Army Corps of Engineers. 13 Attachment 5 Development Standards and Requirements in the ETJ (Excerpt from City Code of Ordinances, Chapter 34, Section 34-38) Sec. 34-38. Development standards and requirements in the extraterritorial jurisdiction. (a) The extraterritorial jurisdiction of the City of Denton is classified into two (2) divisions as indicated on the map on file in the department which is made a part hereof for all purposes. Division 1 is that area located within the regulatory line reflected on the map referenced above. Division 2 is that area on the map located outside the regulatory line surrounding Division 1. (1) All of the provisions of this chapter governing subdivision and development standards for subdivisions within the city shall apply to all subdivisions and developments within Division 1. (2) The subdivision and development standards of the County of Denton, as such standards exist today or as they may hereafter be amended, shall apply to all subdivisions and developments within Division 2. The approval of plats by the city for subdivisions and developments in the extraterritorial jurisdiction comprising Division 2 is not required and such subdivisions and developments must comply only with development or plat requirements of Denton County and state law. (b) The department is directed to consider amendments to the regulatory line map whenever the certificate of public convenience and necessity for water and wastewater services is amended by the state, the Greater Denton Planning Area as defined in the Denton Development Plan as revised, or when directed by the planning and zoning commission and city council. Any amendments shall not be effective until the revised regulatory line map is approved by the city council. (Ord. No. 94-150, § I, 8-16-94) 14 Attachment 6 Division 1 and 2 ETJ Map i 15 THIS PAGE INTENTIONALLY LEFT BLANK AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2005 DEPARTMENT: Planning and Development Department CM/DCM/ACM: Jon Fortune, Assistant City Manager SUBJECT Receive a report, hold a discussion and give staff direction regarding proposed amendments to the Development Code related to infill development regulations. BACKGROUND Staff prepared a presentation for City Council on infill development in the City of Denton in 2004. A brief synopsis is provided below: Need for Infill • Absorb some of the growth into existing neighborhoods • Improve quality of life for older communities • Help rehabilitate and revitalize declining neighborhoods • Take advantage of existing infrastructure • Help revitalize Downtown • Re-use walkable neighborhoods • Help create the density that will support transit • Provide different types of housing and shopping options: - Patios - Townhouses - Condominiums - Small shops and live/work units - Support the two Universities Infill development can fill gaps in existing communities; conserve financial resources by taking advantage of existing infrastructure; and create new opportunities for mixed-use neighborhoods. More importantly, infill development can advance the community vision stated in the Denton Plan, and many of its policies, strategies and goals including: • Economic development and improved tax base • Revitalization of downtown and urban neighborhoods • Development of needed housing in close proximity to employment and services • Neighborhood preservation and enhancement • Transportation choices and connectivity • Walkable neighborhoods and transit supportive development • Efficient use of existing urban services and facilities • Resource and land conservation • Diversity of housing opportunities Environmental protection of land, air and water resources. Barriers to Infill in Denton • Vacant land may be oddly shaped or difficult to build on; • Vacant land may be environmentally contaminated; • Costs to demolish or remove remnants of existing structures; • Neighborhood opposition; • Development codes and development approval processes; • Difficulty obtaining approval to rezone/upzone property; • Building codes for rehabilitation; • Unclear property ownership and title; • Illegal subdivision by metes and bounds; and • Cost of infrastructure improvements In addition, the 2004 report contained a number of recommendations to encourage infill development in Denton. Staff recommended the following changes and amendments to the Development Code: a. Establish an urban infill development boundary or boundaries in which to target incentives and promote infill development. b. Use special overlay districts in Chapter 7 of the Development Code to establish infill zoning overlay districts. The overlay may modify or eliminate existing regulations, or it may introduce new regulations. c. Establish specific design standards for each overlay district. Develop neighborhood district and/or small area plans successful infill d. Establish criteria for reducing or waiving site design standards required for platting through an administrative process at staff level. e. Amend the live/work requirement in the code to allow more floor area for work, as long as the living is located to the back of the building and the business use is oriented to the street frontage f. Amend code to allow tandem parking for infill single-family residential development specifically designed to increase the supply of affordable housing At the 2004 discussion, the City Council directed staff to identify those vacant infill lots less than 1/4 acre that might be available for acquisition, assembly and land banking. Between July-November 2004, staff identified over 100 vacant'/4 acre and tax delinquent properties. Utilities staff was directed examine whether or not the impact fee discount program could be structured to apply to all infill development. Staff provided a briefing to the City Council on impact fees as it related to infill policies on January 25, 2005. Staff recommended that such incentive programs should be based upon budgeting funds to cover impact fees rather than waving impact fees due to the legal implications of applying impact fees to some users and not to other users. DISCUSSION Following the March 2004 discussion, staff has prepared a draft set of infill regulations for further discussion and review. This paper sets forth an infill program that includes actions that the city can take as well as a set of Development Code amendments. There are several issues that need to be considered as the Council examines an infill program: 1. How can the mixed-use zoning be improved to protect existing neighborhoods AND allow infill that meets the City's goals as set forth in the Denton Plan? 2. Higher site design standards are in place to improve the quality of development in Denton. If standards are lowered or waived to accommodate infill, how will the goal of improving development be met? 3. As infill becomes reality, how will the public improvements needed to support development and meet the goals of the plan (e.g. pedestrian orientation) be supplied if the platting requirements and improvements are waived or lowered? 4. Council's direction concerning residential development has been to encourage higher-end single-family residences. Residential infill regulations are generally utilized to promote density in mixed-use developments and/or affordable housing. The Denton Development Code defines infill as development or redevelopment of land that has been bypassed, remained vacant, and/or is underused as a result of the continuing urban development process, where 80 percent of the land within a 500- foot radius of the site has been developed and are generally readily accessible to infrastructure services and facilities. While there is not a single existing definition of urban infill development that can be applied to all situations, staff offers the following revised definition: "Urban Infill Development": The reuse, redevelopment or building on vacant, abandoned, or significantly underutilized parcels surrounded by existing development which is contiguous on at least three sides and in the urbanized core area of the City (the Infill and Redevelopment Zone) that is served with all or most public services and facilities. Staff has met with and spoken to various developers in Denton, the Chamber, the Denton Housing Coalition, and Planning and Community Development staff to identify specific issues with the Development Code and their ability to complete infill developments under the current regulations. A summary of these issues is provided in Attachment 1. In short, the site design and subdivision regulations were identified as the major barriers. The purposes of the proposed regulations are to provide a clear definition of infill and to provide authority to the Planning Director to administratively waive and/or relax certain development requirements (site design and subdivision) that have been identified as hindrances to infill development. RECOMMENDATION Staff recommends amending the Development Code related to infill development as identified in Attachment 2. ATTACHMENTS 1. Issues with Development Code related to infill development 2. Draft Infill Regulations 3. Infill Report, March 23, 2004 Prepared by: y Dedra Denee Ragland;AICP Comprehensive Planning and Research Manager Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development Attachment 1 Development Code and Infill Development Issues Planning and Development 1. Site Design Standards: o Street Trees - All new development must install street trees. o Buffer and Screening Requirements - In zoning districts that allow mixed uses, the buffer separation and fencing requirements are difficult to meet. o Site Development Requirements - Often not compatible with existing conditions: - Garage doors shall not occupy more than 40% of the total building frontage. Any garage may not extend beyond the house front. - All walls, which face a street other than an alley must contain at least 25% of the wall space in windows or doors - Orientation of building toward the street. - Five percent of the land area that is not constrained open space shall be designated in green, plaza or combination of planned open space oriented to the neighborhood. 2. Subdivision Standards: o Platting - Many of the infill properties are unplatted land and require platting to current zoning regulations (lot dimensions and setbacks; perimeter paving improvements; public utilities and infrastructure improvements; right-of way dedication; drainage improvements, etc.) - Setbacks - Requirements per the underlying zoning districts are often not compatible with setbacks in surrounding areas and/or lots are often too narrow in width and/or depth to meet setback requirements. - Sidewalks - Installation of sidewalks required for all new developments. In many infill neighborhoods, sidewalks do not exist. New platted lot requires the construction of sidewalks, which do not connect with any existing pedestrian facility. Subdivision variance or fund escrow required. - Right-of-way dedication Platting requires ROW dedication beyond the existing street width. In practically most of the street would not be widened. A subdivision variance is required. 3. Parking Standards o Location of Parking - Due to narrow and irregular shape of lots, the requirement to locate parking in the rear or sides is difficult to meet. o Spaces Required - Two (2) spaces per dwelling unit; the spaces cannot be tandem parking spaces. Infill lots are usually narrow and side by side parking is not possible. A parking variance is required. 4. Infill and Redevelopment Boundary - Absence of infill development area and specific criteria. 5. Financial Incentives - City provides no financial incentives to encourage infill. Community Development 1. Prohibition of tandem driveways - Many infill lots are only 50' wide and building a 20' wide driveway is often impracticable or even impossible especially when retaining existing trees. 2. Prohibition of "snout houses" - When an attached garage is desired the often narrow (50') lots make constructing a garage difficult if it is not allowed to project forward of the majority of the building's front. 3. Impact fees - Under current Utility policy if there is no record of water or sewer service to an in-fill lot, even if the builder finds useable water and sewer taps along the frontage, he/she will be charged the Impact Fees. 4. Sidewalks - Most in-fill lots are in older neighborhoods, largely built out long before sidewalks were required to be built by the developer. If the lot has to be replatted for any reason, a variance from building sidewalks must be sought on a case-by-case basis and the non-existence of contiguous sidewalks is, by definition, not allowed as an argument. 5. Park fees - In-fill lots are by definition found in established neighborhoods, where the opportunity for the Parks Department to acquire land for new parks is slim. Therefore the parks fees assessed from an in-fill builder are actually subsidizing park acquisition in neighborhoods far removed from the where the eventual owner of the in-fill house will live. 6. Platting - The application of the requirement to replat or plat has been inconsistent. The Development Code should have exact language that lays out all of the triggers that will cause a replat or a plat of a lot. For example, the requirement that a lot line that a house crosses must be removed by an amending plat to build an in-fill house there is based solely on a Fire Code requirement. This Fire Code language should be incorporated into an appropriate location within the Development Code. Denton Housing Coalition The following are recommendations by the Denton Housing Coalition regarding infill housing policies in the City of Denton. These recommendations support the use of residential infill lots for development of affordable housing. The members of the DHC respectfully request that the City Council and staff of the Planning and Development Department consider incorporating these items into the City's infill development policy. 1. Zoning and building code requirements for infill housing should be determined based on the location and building style of the immediate or adjacent neighborhoods. It is requested that some type of administrative review with decision-making ability at staff level be used to approve developments that are consistent with the building construction style and zoning characteristics of the surrounding neighborhood. 2. Review the current zoning code and consider revising the code to designate an NR-5 zoning for residential infill properties within or adjacent to neighborhoods that originally had SF-7 zoning. It is likely that residents in these areas would not want to accept an NR-6 designation and an NR-4 would not support affordability. Although Subchapter 7 of the Denton Development Code allows the establishment of special overlay districts that could expand the density from NR-4 to NR-5, this process is onerous and expensive especially for non-profit developers. Revising the Development Code would support efficient production of infill housing. 3. Infill lots in older low to moderate-income neighborhoods often do not meet the existing development code requirements and yet, are similar to lot sizes and configurations in the area. As a result, implementation of a streamlined process designed to allow approval at a staff level for infill housing developers (five lots or less) to obtain variances for lot size and setback requirements would be appropriate. A streamlined process would support investment in these low to moderate-income neighborhoods. 4. Waive building fees and/or impact fees if non-profit organizations agree to upgrade unit construction. For example - if code requires that the unit be 50% brick and the nonprofit agrees to do 100% brick, the City should waive or substantially reduce development fees. 5. Waive the sidewalk construction requirement for developers of single lot properties in low to moderate-income neighborhoods where it is likely that Community Development Block Grant funds may eventually be used to construct sidewalks or where sidewalks do not currently exist. Construction of sidewalks in a developed neighborhood that does not have sidewalks does not support the purpose of City-required sidewalk construction. These isolated sidewalks go largely unused because they do not connect to anything. Furthermore, it is likely that when sidewalks are constructed in the area through CIP or CDBG that the previously constructed single sidewalk would have to be replaced or would not match the newly constructed sidewalks and would detract from their appearance. 6. Waive the new rule requiring side-by-side driveways for infill lots (or circular or two entryways) as it may prove to be a hindrance with non-conforming lots. The item could be waived for infill lots where the developer allows for tandem parking when side-by-side is not feasible. 7. Review the requirement that all front facades must be 25% glass. This requirement could cause a substantial energy drain and increase utility costs for owners/renters. The City should support "green building" techniques in all residential, commercial and industrial construction. Chamber 1. Definition - What is infill? (Currently defined as 80% developed w/in 500' - do examples, i.e. Teasley & Teasley) 2. ROW Consistency o If the road is built to ultimate dimensions, leave the ROW alone (maybe clean up irregularities) 3. Drainage o 100 year floodplain to 10 year - Currently require 100 when surrounding system is designed for 10. 4. Utility Locations 5. Widths of sidewalks 6. Setbacks 7. Platting - Can infill be exempted? 8. Parking spaces - Do additional parking spaces require platting? 9. TIA's - Can there be different threshold & requirements for infill? Developers 1. Uncertainty of development schedule o Working within the built infrastructure is a nightmare. Designing to existing drainage and utilities that are built per old specifications and therefore do not meet the current Code. Trying to make the drainge, water and sewer onsite meet with the older pipes through the City's utilities department is like banging one's head against a wall. This is especially true in Drainage where infill does not have the area to detain - and yet must meet 100-year design - while draining to systems built for 10-year design. Large greenfield has room to build detention - infill does not. o Time it takes through the process because of City coordination is prohibitive if there are current issues with utilities or drainage in the area (which there usually is). o Unrealiable as-built information for underground utilities (City and public). 2. NIMBYism and BANANAS o Because of the lack of past and current architectual and site plan standards that allowed blight, citizen's usually refuse ANYTHING in their neighborhood that is different than what they have ...and usually require higher standards than what they have. Due to increases in public infrastructure standards, as well as other local, state and federal regulations, the cost of building identical structures has increased dramatically from when the majority of homes were built in Denton - and yet the uninformed neighbors demand the same lot sizes, home sizes, street widths, etc. Infill cannot compete with sprawl development because of this. This becomes a problem when rezoning tracts that were designated NR-2 as a holding classification - only to be held to that due to neighborhood resistance to ANY change. The reason for our current traffic and drainage issues is due to these old neighborhood designs. 3. Floodplain, ESA o Much of the downtown area is undevelopable due to current floodplain maps that designate a large portion of downtown as being within the 100- year floodplain. A small tract cannot develop because doing so would require a study of the entire basin (or a very large portion of it) - cost prohibitive for a small tract (which most tracts downtown are) - and yet that study would theoretically benefit all the properties within the basin ...It would be foolish not to provide this study to take a majority of the extremely valuable land downtown out of the flood areas. This becomes even more pronounced as rail serves downtown. o Stream buffers should be taken completely off the maps in the urban areas. It's odd to see these so called buffers surrounding existing developed properties - draining to concrete "streams". Those need to be removed from the ESA maps. Drainage BMPs should be in place for drainaging to improved channels - and get away from the "no development" regulations of the ESA in the urban areas. 4. Construction Costs o Contractors give better prices per lot for large developments over small ones. This is due to moving equipment, etc. that are static costs and therefore take a larger percentage of the smaller budgets. 5. Impact and other fees o Although infill development impacts the city in significantly smaller ways than greenfield projects do, the impact and park fees do not change between them. It costs much less for parks and utilities departments to maintain lines and service lots that are closer to their base of operations than spread out over the outside reaches of Denton - and yet no benefit is realized by developing infill over other less responsible development. If there is a park within so many feet of the proposed development, why should there be park dedication fees? 6. Zero-Lot line developments o The existing code does not allow for the development of zero lot line developments. 7. Location of dumpsters is problematic. Attachment 2 Draft Infill Regulations Subchapter 7 - Special Purpose and Overlay Districts 35.711 Infill and Redevelopment Sections: 35.7.11.1 Purpose and Intent. 35.7.11.2 Definitions. 35.7.11.3 Applicability and General Provisions. 35.7.11.4 General Regulations. 35.7.11.1 Purpose and Intent. The purpose of this "district" is to provide for complete neighborhoods and mixed used districts with efficient land use and cost-effective delivery of urban services. The provisions of this "district" recognize the design challenges inherent to developing infill properties, and ensure that new development is consistent in character and scale with established residential/commercial developments in the neighborhood. The specific infill and redevelopment objectives of this district are to: - Allow flexibility in location, type and density within the densities supported by the Denton Plan; - Provide flexibility in lot size, configuration, and vehicle access to facilitate infill development; - Provide clear development standards that promote compatibility between new and existing development and promote certainty in the marketplace; - Encourage development of needed housing in close proximity to employment and services; - Promote neighborhood preservation and enhancement through redevelopment of blighted, distressed and underutilized properties; - Encourage mixed use development to complete neighborhoods and provide housing and neighborhood services close to jobs; and - Encourage development and preservation of affordable housing through infill development. - Encourage development that is compatible with the surrounding neighborhood and that meets the city's economic development goals. 35.7.11.2 Definitions. Urban Infill Development: The reuse, redevelopment or building on vacant, abandoned, or significantly underutilized parcels surrounded by existing development which is contiguous on at least three sides and in the urbanized core area of the City (the Infill and Redevelopment Zone) that is served with all or most public services and facilities. Reuse: The modification of an existing building for a new use. Redevelopment: The reuse, renovation, or demolition of an existing building and new construction on the same site {or assemblage of parcels}. Mixed Use: Any single development that combines three or more mutually supporting land uses on a single parcel or site or within a master plan development. Land uses may be mixed vertically (within the same physical structure), or horizontally connecting buildings (physical and functional integration of project components, including uninterrupted pedestrian connections) on the same lot and/or under unified control. Multifamily as a single use cannot exceed 40% of the acreage in an NRMU- 12 or NRMU zoning district, 50% of the acreage in an RCR-1 or RCR2 zoning district, or 30% of the acreage in an RCC-D or RCC-N zoning district. 35.7.11.3 Applicability and General Provisions. There is hereby established a special infill and redevelopment overlay district to be known as the Infill and Redevelopment Zone (IRZ). The boundary of the Infill and Redevelopment Zone shall be shown on the official zoning map of the City of Denton or on a separate map maintained in the office of the Director of Planning and Development. All applications for development for buildings, structures, and lots within the Neighborhood Residential, Downtown Residential, and Downtown Core Zoning Districts that are less than or equal to six lots but no greater than two acres shall be subject to the flexibility, restrictions, limitations, and provisions of the Infill and Redevelopment Zone regulations as provided for in this article. In the case of conflict among regulations, the more flexible standard shall apply. A. Permitted Uses. • All uses permitted by the underlying Neighborhood Residential Zoning Districts (NR- 1, NR-2, NR-3, NR-4, NR-6, NRMU, and NRMU-12) • All uses permitted by the underlying Downtown University Core Zoning Districts (DR-1, DR-2, DC-N and DC-G) B. Neighborhood Meeting Requirement. Applicants proposing to develop on infill lots meeting the characteristics of this district must conduct at least one Neighborhood meeting prior to public hearing at Planning and Zoning Commission or staff approval which ever is earlier. C. Plan Requirement. A site plan is required to be submitted for infill development within the IRZ in accordance with the Application Criteria Manual. D. Exclusions. Infill regulations provided in this section do not apply to the following: 1. Infill or redevelopment of an entire street block face or 2. Infill or redevelopment of an entire neighborhood 3. Infill or redevelopment of land greater than two acres Projects meeting or exceeding the exclusions above may proceed using existing zoning, an approved Overlay District or a City Council approved Small Area Plan. E. General Provisions. The Planning Director is authorized to grant administrative adjustments from the following (local) requirements in the zoning ordinance for the Neighborhood Residential Zoning Districts and Downtown University Core Zoning Districts in the Infill Redevelopment Zone: Height; Setback; Bulk; Parking; Loading dimension or area; or similar local requirements. These adjustments are appealable to the Planning and Zoning Commission. F. Applicability. It is the intent of this section to regulate the placement, presentation, and character of new buildings built in areas of established, discernable, and relatively homogeneous character. For purposes of this Section, the procedures and standards herein shall apply to new or relocated structures and accessory buildings proposed on the following: All buildings, structures, sites and properties within the designated Neighborhood Residential and Downtown University Core Zoning Districts within the Infill and Redevelopment Zone that are less than or equal to 6 lots not to exceed more than 2 acres. G. Procedures. Any person intending to either construct, reconstruct, structure on or onto a lot regulated by this Section shall file with the Planning and Development Department an application accompanied by an accurately dimensioned site plan showing the placement of all structures, and detailed scaled elevation sketches or photographs of the front and side elevations of all proposed structures. The applicant may be required to furnish such additional information or supporting detail as may be reasonably necessary to assure compliance with the standards herein. If property is not platted, platting is required pursuant to the Laws of the State of Texas and the Denton Development Code, Subchapter 16 - Subdivisions. The exception is that the provisions of 35.16.7 may be waived and/or relaxed pursuant 35.7.11.4. H. Fees and Economic Development The City Council may consider reducing fees when development is found by the Planning Director to exceed these infill standards and by the Economic Development Board to exceed the economic development goals of the City as set forth in the Denton Plan and by the Board. Where higher densities are appropriate in the NRMU and Downtown University Core Zoning Districts within the IRZ, impact fees may be discounted. 1. Interpretation. While this Section is intended to promote quality development and eliminate conditions of gross design incompatibility that have the potential for enduring a century or more, it is not intended to stifle individuality or compel rigid conformity. Recognizing that great diversity of style, often between homes side by side, is one of Denton's central neighborhood strengths, this ordinance is created and adopted with the intention that the acceptable level of compliance with these standards will be the minimum necessary to assure compatibility. This ordinance's enforcement is premised upon achieving compatibility, not conformity. This Section of the Code may be augmented from time to time by the publication of informational guidelines intended to illustrate by example the above standards. Such guidelines may be referenced in the interpretation and administration of the standards herein. 35.7.11.4. Development Standards. Since each infill development is unique to its immediate context, it is essential that standards be applied with due consideration to the placement, height, scale, proportion, direction emphasis, design details, texture, and materials of new or moved structures in a manner compatible with established structures in the immediate vicinity of the proposed development. A. Placement. No new or moved structure shall be located any closer nor any further away from a street property line than the structure situated on either side thereof. Building separation shall be consistent with the general character of the neighborhood, which unless otherwise defined, shall be deemed to be the prevailing character of structures within 300 feet in either direction along street frontages, irrespective of intervening streets. Structures shall be oriented with the front facade and primary entrance facing a street, unless not in characteristic of the existing neighborhood. Garages shall be located consistent with the character of garage location in the neighborhood. Any lot located on an alley and situated between structures that have vehicular access only to said alley shall be developed with driveway access to the alley only. A review and approval of building placement under this section shall be consistent with other setback regulations and exceptions of this Chapter and other building code, fire or safety code, or other setback regulation established outside of this Chapter. B. Height, Scale and Proportion. The height of any new or moved structure shall be consistent with the character of the neighborhood. Finished floor elevations (FFE), and front yard grade elevations shall be similar to those adjacent structures unless the Floodplain Administrator requires a higher FFE. Overall height, width, scale, and general proportions shall be similar to or consistent with the character of the neighborhood. C. Form, Massing and Directional Emphasis. Where the neighborhood character clearly includes either a horizontal or vertical emphasis, and a discernable consistent structure form and mass, any new or moved structure shall conform to the established character. Roof style and pitch shall be architecturally consistent with the proposed structure and with the neighborhood character. D. Facade, Materials and Detail. Where neighborhood character includes discernable patterns of detail, including but not limited to, door and window trim, corner boards, cornice details, railings, and shutters, any new or moved structure shall be compatible with such character. Where neighborhood character includes open or enclosed front porches, any new or moved house shall include a similar porch. The materials and relative proportions of doors and windows shall be compatible with neighborhood character. Siding width shall conform to neighborhood character. Exposed wood on any new or moved structure shall be painted or stained in a manner generally compatible with neighborhood character. E. For residential buildings, walls facing a street other than an alley must contain at least 25% of the wall space in windows or doors. For multiple unit residential buildings within 30 feet of property line adjacent to a front yard shall have at least 25% of the wall facing the street in window or door areas. This requirement is waived for infill development meeting the requirements of 35.7.11.3. F. Maximum Lot Coverage. Where possible, the lot coverage shall conform to the existing character of structures within 300 feet in either direction along street frontages, irrespective of intervening streets. G. Front Yard Setbacks. Setbacks as permitted by the underlying zone. However, contextual setback option may be granted. If setbacks permitted by the underlying zoning cannot be provided, an average of the setbacks of adjacent or abutting lots may be used. In a case where an existing structure is located within 20-40 feet of the subject site and fronts the same street as the proposed building, a front yard setback similar to that of the nearest primary structure shall be used. "Similar" means the setback is within 0-10 feet of the setback provided by the nearest structure or building. If there are two adjacent structures fronting onto the same street, then an average measurement shall be taken using the two adjacent structures. In no case shall the front yard setback be less than 5 feet, except in the NRM J, DC-N and DC-G zoning districts, where there are no minimum front yard setback requirements. H. Street Frontage, Access and Circulation. When frontage onto a public street cannot be provided, lots may receive access from mid-block lanes. Mid-block lanes shall be required, whenever practicable, as an alternative to approving flag lots. 1. Building Orientation. Building orientation should maintain the integrity of the streetscape and provide direct, safe access to the street. J. Tree Preservation and Landscape Requirements. Infill development as defined in this Chapter shall be exempt from the Street Tree Requirements. (Subchapter 35.13.7. C.) All other provisions of 35.13.7 shall apply. K. Parking. All requirements of Subchapter 35.14.4 shall apply. For single-family dwellings on infill lots as described in this section, tandem parking shall be allowed. L. Zero-Lot Line Housing. Zero Lot Line Housing shall be permitted on infill lots in the IRZ as described in this section. Zero lot line houses are detached houses that have a side yard setback of "0" on one side. They are permitted in order to allow development on small, narrow lots, while still providing usable outdoor living area. Zero-lot line structures are subject to the same standards as detached single family structures, except that the following provisions shall also apply: a. When a zero-lot line house shares a side property line with a non-zero lot line development, the zero-lot line building shall be setback from the common property line by a minimum of 5 feet; b. Prior to building permit approval, the applicant shall submit a copy of a recorded easement for every zero lot line house that guarantees rights for construction and maintenance purposes of structures and yards. The easement shall stipulate that no fence or other obstruction shall be placed in a manner that would prevent maintenance of structures on the subject lot; c. The placement and/or design of windows on the ground-floor of the zero-lot line house shall support privacy for the occupants of the abutting lot; and d. The development shall comply with the design standards in Subchapter 13 Site Design. M. Lot size. Developable infill lots cannot be less than eighty percent of the required minimum lot size of the underlying zoning district. In no case shall a lot be less than 3,000 square feet in area. N. Sidewalk construction. In cases where infill development is required to construct a sidewalk on abutting non-collector or non-arterial road right of ways pursuant to Section 35.20.3.13 of this code, and where sidewalk does not exist along said street in front of both properties abutting the subject infill residential development site on the same side of the street, infill development shall not be required to construct a sidewalk along the noncollector and nonarterial street abutting the subject development. Where an improvement is shown on an approved Community Development Block Grant (CDBG) Plan and/or a City of Denton Capital Improvement Program, then the infill development shall not be required to construct a sidewalk. Unless otherwise noted above, all other setback and design standards of the underlying zoning are applicable. O. Perimeter Paving Requirements/Road improvements on abutting non-collector and non-arterial road rights-of way. In cases where plat is is required to construct a half-street road on abutting public or private street rights-of-way pursuant to Section 35.20. L, and where said street in front of one or both properties abutting the subject development site on the same side of the street has not been improved to the subject standard, the subject development shall not be required to construct a half-street road along the non-collector and non- arterial street abutting the subject development. Unless otherwise noted above, all other setback and design standards of the underlying zoning are applicable. The Denton City Council has scheduled a work session on March 23, 2004 intended to address the topic of Infill Development. In preparation for the work session, city staff prepared this Infill Report for the City Council and the community to review. The report explains infill development, the barriers to infill development in Denton, and strategies that could be implemented to encourage infill development in Denton. Prepared By: Dedra Ragland & Chris Hatcher, Comprehensive Planning and Research Division City of Denton Planning & Development Department City Hall West, 221 North Elm Street, Denton, TX 76201 940.349.8350 What is infill development? ■ Help create the density that will support transit Infill development is defined in the Denton ■ Provide different types of housing and Plan as the planned conversion of empty shopping options: lots, underused or rundown buildings, and o Patios other available space in densely built-up o Townhouses urban and suburban areas for use as sites o Condominiums for commercial or residential buildings, o Small shops and live/work units frequently as an alternative to o Support the two Universities overdevelopment of rural areas. Similarly, the Denton Development Code defines infill Infill development can fill gaps in existing as development or redevelopment of land communities; conserve financial resources that has been bypassed, remained vacant, by taking advantage of existing and/or is underused as a result of the infrastructure; and create new opportunities continuing urban development process, for mixed-use neighborhoods. More where 80 percent of the land within a 500- importantly, infill development can advance foot radius of the site has been developed the community vision stated in the Denton and are generally readily accessible to Plan, and many of its policies, strategies infrastructure services and facilities. and goals including: Infill development is one key to ■ Economic development and improved tax base accommodating growth and redesigning our . Revitalization of downtown and urban city to be environmentally, fiscally and neighborhoods socially sustainable. ■ Development of needed housing in close proximity to employment and Why is infill development needed services in Denton? ■ Neighborhood preservation and enhancement Communities across the country are . Transportation choices and connectivity recognizing that the patterns of sprawl . Walkable neighborhoods and transit- growth that have shaped American supportive development communities for the past several decades . Efficient use of existing urban services cannot be sustained. By absorbing growth and facilities into existing neighborhoods, infill can • Resource and land conservation lessen growth pressures on rural areas and . Diversity of housing opportunities at the periphery, can improve the quality of • Environmental protection of land, air and life for existing and older communities, and water resources. help rehabilitate and revive declining urban neighborhoods. What are the barriers to infill Infill is needed in Denton to: development in Denton? ■ Absorb some of the growth into existing neighborhoods It is important to remember that sites that ■ Improve quality of life for older have been passed over for development or communities have not been redeveloped for another use ■ Help rehabilitate and revitalize declining are generally idle for a reason: neighborhoods ■ Vacant land may be oddly shaped or ■ Take advantage of existing difficult to build on infrastructure ■ Vacant land may be environmentally ■ Help revitalize Downtown contaminated ■ Re-use walkable neighborhoods 1 Higher densities in neighborhoods can add Bushey Street Southeast Denton to the pedestrian and transit activity in the neighborhood, and hence the vitality. .r Higher densities are often needed to support an efficient transit system, which in turn, helps increase pedestrian activity. Promoting higher densities is an important tool to neighborhood revitalization and regeneration. Denton community members have often opposed infill and mixed-use projects located near them, even if the proposed development is more highly valued. Residential infill development that has received a great deal of opposition in Denton involves affordable housing. Past experiences with area nonprofits such as the Denton Housing Authority (DHA) and the Denton Affordable Housing Corporation (DAHC), organizations primarily responsible for affordable housing development, have added fuel to concerns regarding higher density infill development. In July 2001, Southeast Denton residents overwhelmingly opposed a proposal by DHA to rezone several properties from single-family to Planned Development allowing multifamily uses, infill development within the neighborhood. The proposal included two quadraplexes, and two town home ■ Development costs to demolish or developments (64 units and 41 units) remove remnants of existing structures located in predominantly single-family ■ Neighborhood opposition residential neighborhoods. Due to the ■ Development codes neighborhood's strong concerns ■ Development approval processes regarding the increased density, crime ■ Difficulty obtaining approval to and congestion by the neighborhood, rezone/upzone property the projects were either denied by City ■ Building codes for rehabilitation Council or withdrawn from consideration ■ Unclear property ownership and title by DHA. ■ Illegal subdivision by metes and bounds ■ Cost of infrastructure improvements Most recently, the City Council considered two infill development Despite the many benefits, developers face proposals by DAHC. DAHC proposed barriers and impediments to infill to rezone properties (3.85 acres and 4.0 development in Denton. acres) that it owned, located off Mockingbird Lane, from Neighborhood Neighborhood Opposition. Neighborhood Residential 4 to Neighborhood residents often resist efforts to increase Residential 6 for detached and/or density. Higher density development attached single-family units. Residents promotes more compact development. were opposed to both rezoning petitions 2 primarily due to concerns regarding the increase in density. City Council Example 1. approved the rezoning of two acres out of the 3.85-acre proposal, and denied the 4.0-acre proposal. , Development Regulations. According to 133a property owners and developers, the review n procedures and regulations contained in the Denton Code do not allow administrative 5 flexibility and often create hardships for infill development. Infill development projects often require platting or replatting, and due to the configuration of the lot cannot fully 50x133 lot (6,650 square feet) 25'x129' lot (3,225 square feet), comply with the site design standards and Smaller lot undevelopable subdivision regulations contained in the 1,600 square foot single-family house Denton Code. The size, width and shape of NR-4 Zoning many infill parcels make it difficult to Existing neighborhood with no existing develop in a manner that meets the current sidewalks in Southeast Denton land use regulations. More lot and building Platted lots, no existing setbacks frontage, lot area, setbacks and buffers are shown on plat required than will fit on a typical infill lot. In some instances, if the requirements of the An amended plat is required to combine Code are met, the resulting product is the lots. Variances from sidewalk, incompatible with the surrounding parking, setbacks, landscaping, etc. may development. Variances and special be needed. Site design standards for exceptions are often needed, which can residential developments less than 10,000 add time to the process, and decrease the square feet are applicable. To deviate Developer's financial return on the from the site design requirements, the investment. property owner may need to propose an The Development Code provides limited Alternative Development Plan. If authority to the Planning Director to waive water/wastewater has to be extended or if some development requirements; however, there are no previous taps, impact fees given the complexities and the many apply. The property owner will incur costs variables that can exist with infill to develop both lots for a single-family development, this is not enough. house. In the following scenarios, infill If the owner develops only the larger development on these sites has proven platted lot, an amended plat is not difficult. required, however the same variances as indicated above may be needed, the site design standards for residential development on lots less than 10,000 square feet are applicable, and to deviate from the site design requirements, an Alternative Development Plan may be required. The smaller lot remains undevelopable. 3 inadequate, especially for drainage. In Example 2. many inner-city neighborhoods existing infrastructure needs to be repaired, replaced, or modernized to serve both new and existing development. If the developer is required to pay for these upgrades, the project may be abandoned, especially when the development is affordable housing infill. In 1998, City Council adopted an impact fee ordinance, which was revised in 2003, authorizing the assessment of impact fees in the city's water and wastewater service areas. Water and wastewater impact fees help to stabilize rates during periods of rapid growth and are charged to new development to offset the costs related to the development's impact on existing water and wastewater infrastructure. New residential, commercial and industrial developments can increase water and wastewater demands significantly, which may require improvements to existing • Single story live/work in existing building facilities and infrastructure. Such Live-50%; Work-50% improvements include, but are not limited • DC-G Zoning to, the acquisition of additional water ■ Pedestrian-Oriented District supplies, expanding or building new water ■ Utilities complicated by service being and wastewater treatment plants, and the provided through lines on adjacent construction of water storage tanks, pump property stations and transmission lines. The Development Code permits live/work Impact fee assessments are calculated units, dwellings above businesses, and according to service units. Denton's water home occupations. The proposed and wastewater service unit is based on a development does not fall within either of "single-family equivalent" (SFE), which is these permitted uses. Property owner equal to the water and wastewater demand wants 50 percent work and 50 percent of the average single-family residence. living on first floor. The Code permits up There is a provision in the current impact to 25 percent of floor area for work or the fee ordinance that grants a reduced 50/50 split if the living area is located assessment for a single-family residence above the business. In addition, the less than 1,300 square feet located on a lot property is located downtown and there less than 6,000 square feet. The reduced are historic and energy code issues. assessment is equal to one-half of one service unit (SFE). For re-developed Infrastructure Costs and Impact Fees. It properties, pre-existing demand is credited is a common assertion that the ability to use to the site. Only the additional demand existing infrastructure is an advantage to placed on the system by the re-developed infill development. In some cases where property is assessed for impact fees. there is vacant developable infill land, the existing infrastructure is available, but 4 Denton encompasses approximately 6 square miles. For purpose of this paper, all Cuban Infill development boundary is proposed. Infill development. a it is defined, i likely to occur within this area. There are approximately 78-17 acres of vacant lard representing 725 parcels within this infill area; 55 percent of the vacant parcels i less than 1/4 acre in size. However. four percent of the parcels over 5 acres represents more than half of the vacant lard acreage within tills bOLIndary. Vacant Land Inventory within Possible Infill Boundary Vacant Land by Zoning District Vacant Land withinin Floodplain MEMMEMOMMEMME Source: Existing Land Use Database, Planning and Development Department 5 What specifically could be done to b. Reduce selected improvement encourage infill development in requirements for infill residential Denton? developments, on public and private streets other than those designated 1. Gain community acceptance for infill as collector or arterial. For example, development through an infill when platting is required on infill development program. Sponsor and sites, waive sidewalk construction on conduct education seminars, small abutting non-collector and non- workshops, and meetings with individual arterial road right of ways where community groups and potential infill sidewalk does not exist along the developers to provide education on infill street in front of both properties land development issues. abutting the infill site on the same Appoint an advisory committee side of the street comprised of local officials, city staff, c. Establish criteria for reducing or development interests and community waiving site design standards neighborhood leaders to further define required for platting through an the extent of the problems and administrative process at staff level. opportunities related to infill and d. Amend the live/work requirement in redevelopment, and potential the code to allow more floor area for constraints that exist in the community. work, as long as the living is located to the back of the building and the 2. Take direction from the Denton Plan to business use is oriented to the street strengthen the implementation tools frontage related to infill development. The e. Amend code to allow tandem parking Denton Plan contains policies for infill single-family residential concerning infill development within the development specifically designed to different elements of the plan. increase the supply of affordable Consolidate these elements into a housing specific policy. Establish an infill development program based on this 5. Using existing vacant land inventory, policy. develop a more extensive and comprehensive inventory of infill and 3. Establish an urban infill development redevelopment properties owned by the boundary or boundaries in which to city and that are available for target incentives and promote infill redevelopment. development. a. Identify infill sites b. Rezone sites to encourage 4. Change or amend zoning and successful infill development regulations. a. Use special overlay districts in 6. Establish an aggressive program of Chapter 7 of the Development Code acquiring properties for land to establish infill zoning overlay banking/land assembly purposes and to districts. The overlay may modify or increase the supply of affordable eliminate existing regulations, or it housing. may introduce new regulations. a. Promote development of City-owned Establish specific design standards surplus lots. for each overlay district. Develop b. Acquire tax-foreclosed properties neighborhood district and/or small c. Use power of eminent domain to area plans condemn and acquire sites 6 d. Identify and acquire sites where 8. Participate in infrastructure cost sharing. market forces can succeed on their a. Develop a specific bond package in own, specifically around proposed the upcoming Capital Improvement future transit stations, lines and Program (CIP) targeting the location stops to promote infill and transit- and timing of planned public facility oriented developments (TOD). As improvements to areas where infill is proposed in the Denton Plan, the desired. Focus on specific infill and prime location for an urban redevelopment areas for capital village/mixed-use development projects, such as street, utility, and associated with a regional rail stop public amenity improvements. should be located in the Regional Prioritize infrastructure spending Mixed Use Centers. Direct Planning within targeted infill sites. staff, in coordination with the Denton b. Use investment in infrastructure to County Transit Authority and the leverage participation from North Central Texas Council of developers for affordable housing, Government's regional rail corridor special design treatments, and the study, to identify sites along the provision of urban amenities. proposed rail corridor for possible c. Reduce or discount impact fees for infill transit oriented development. infill development. Rezone to accommodate appropriate i. Impact fees are charged to new zoning for TOD. development to offset its impact e. Provide developer-friendly on existing water and conveyances of City-owned wastewater facilities. Currently, properties. Convey lots in a manner the city discounts impact fees that allows them to be utilized as for single-family residential collateral for construction financing. development less than 1,300 Lots could be conveyed at no cost square feet and on lots less with City retaining a reversionary than 6,000 square feet by 50%. interest (reverter clause). Identify Direct water/wastewater staff to physical constraints, infrastructure review current program to problems, property tax liens, etc. that determine if additional fee exist and resolve them prior to reductions are possible for both conveyance. Transfer ownership of residential and nonresidential vacant lots to community infill development. organizations that are willing to ii. The City has an Impact Fee improve and/or maintain them under Incentive Grant Program a contractual arrangement with the administered by the Community City. Development Department as an f. Create redevelopment authority to incentive to construct affordable acquire, assemble, clean up, and housing. The program provides package land for resale. grants to eligible non-profits to g. City sponsor/fund demolition of help defray or pay for impact old/substandard structures. Acquire, fees. Approximately $30,000- clear and improve sites. $40,000 is budgeted annually to h. Engage in land trades. cover the provisions of the grants. Direct Planning staff to 7. Aggressively market infill and work with Community redevelopment sites once acquired and Development Department to inventoried. research possible expansion or 7 development of a similar program e. Aggressively pursue federal funding to provide grants to eligible for- to assist in infrastructure profits to help defray the cost of participation, gap financing, transit impact fees as an incentive for oriented development, etc. both residential and i. Community Development Block nonresidential infill development. Grant (CDBG) ii. Transportation Equity Act for 21St 9. Establish financial incentives program Century (TEA-21) strictly for infill development. iii. Environmental Protection Agency a. Provide public subsidies (EPA) i. Cover disparity between cost of iv. HOPE VI acquiring and making the site marketable (environmental clean 10. Develop and implement neighborhood, up, reparcelization, etc.), and the district or small area plans in partnership sales price; with neighborhood stakeholders. ii. Provide short-term gap financing Specifically identify in neighborhoods or long-term tax relief; where infill development should occur and areas where improvements will iii. Subsidize non-profits and have the greatest impact. Work with community groups for projects community leaders, neighborhood meeting community needs, such groups, and developers to articulate a as affordable housing or public vision of the type of infill that will parks strengthen the neighborhood. When b. City provide low-interest loans and developers come forward with projects grants that advance that vision, projects should c. Establish Tax Increment Financing be allowed to move quickly through the Districts and Public Improvement regulatory process. Districts d. Establish a comprehensive tax incentive program to promote the return of property to productive use utilizing: i. Tax abatement ii. Tax credits iii. Waiver of delinquent local taxes orfees The Economic Development Department has been asked by its Economic Development Partnership Board to review its current tax abatement incentive policies and make recommendations to City Council regarding changes. Economic Development will identify special incentives that should be considered for projects identified in their Strategic Implementation Plan, which includes encouraging infill development. 8 II 11 - - 1 I - I _ - 1 ti m k~ r = A ~r I I t F 7 f 9 (he !'OlkrtL'in"-, III (TIallautment "Irate'n and piall is til prvi~erred alle'i1; lk e 1,01' CUture III 'M Denton. The plan c13nibluws mall of the concept" frclnl thc2 alter mtl\ e de\ el+_ pment scenarlos that rccel\ c2d fa" orable resll.trlses at the C011)III Lill It-\ m elmnt4s. Irlc;llichI) the cle; elollrllent of nel,,11[,,orhood centers. rirhall c;crrt :r s., grid a so-on" itrcltrstrial cli,lrk t vIl'Oull the ('11\ vdlile erlcc}tlra='mu tlrc lests_!"Al n. is:de\elopitrc~rrl.. and Infill of parcels Ill the plc?\`vmovil iti'ea and adjacoit to the` ~!Ill't € I' ltt of \orth Textis tincl Z eves File 1l1<rrl cncour 12es infII cle\'elopmellt, restclratlon alid Iede\ el op rl1ellt \\Ithlit the e\IStiII t ce!lttr C', 11% and sr.lrr{)r.111CIIII'l the rani ersl6e`i. tl'; It i1', ' }j The cenlr:r (,)I the M1111 clc\elcsplmr 111 clrllci he ill the do"sLnin"\Il district \dlere prcs(~r\ I'll 1011 rcclcr,c:lr_llrrl rrlt allr:l infill v ould tw tyre I'Ocus. Also. I'[ IS ICCUlrrrlrc:rrded tha! the cif" consider cl'cit rl`lF "l rli\ersltti DIstritts' at UN'f. tlrlcl FWAl These chstricts \\ould focus on tie\elopllltg compatible, sl.rpportin<. land uses adJacent lip die [rni\ersities T 1-1 : : C I File cit\ ttI(l not ells urat" de\ c1opment at the ccl cs o its ELI, In 1tL+. ullitioll of the llis?her costs of "leapiro,_", docl{?pmeilt ;111 if hapha,,ard [rrbaii prm, I An c-,mi <1ted sl\1\ percent ol`the lane area t, 10mi file crt~ relli"AM$ lInde\ doped- and r\ Ices arc For the most part rc cl` onabl <l% atl< hk to w avant land Inside Demon hlcenti\es encLtlla ill infill de\clopment \6111 he I111plemetltec], particularly \~Ithin nlstln"_~ cite LAND FSE ExIstintj Residential / hirill t- clllmatihillt Within ('slablishecl resid(elloal aw"t", lwe, de\ c lt)1_Irllc`m should respolld to e\istin_F cie\ clt?l_Itllew v,1111 compatible land use,,. pmterns, and dcsizgn t<i11Cf IrCfti. The plait r~ ~lrlllili°rlLl~ that rP i ncl.,.'hburllt3t_ds Ithill [he clly be vi{uol-?ltsk' 11rol cteci 4-111d preser1'ed I lc trffl+; thd! Is ccsmp"lohle ti\ 1111 the tl! [!n`; deilsll;, nei,uhhorfioocl ~,er\ We, and corllmeroal laird trsc is alto"%ed, (PA/,.' -J URRAN, DESIGN t'lban de-'Iit principles should he emphasized ill liel'Olh ;dlood re\ liall/alloll plans and residents should help io deterrrlitle Sovial and ~2ullmal \aliles [flat are rellcmed \isi-rail 1111ill cle\el=)pm( lil should b e\ alclated care Full ' l:0 promote ti?mpatibillt\ \''Ith exlstlns strilctrlre~ N c1\ de\ r`:lopment can pre \ Isle contrast t (l i:C'rmplement older lruc cure, 1(1!,. 0 HOUSING lncerln \ es shOuld he Ill\'estl'uated to cnci Lira< e 11I 111 housim-, constructri)Il., C'SPecrall ' In Colllunctioll mth nee' hhorhood re\I,t<lli1.<ItI,on pk-ms (1' 1( ,1`, 122 Promote 111[111 llltrastrtrcttrre bill l-m enlsnts oN el- ile1L line extensions that expand tilt <,ec'<'f'alllll~ CO\ ff lie of the caty' s Inll~rstrrtcttrl: svstenls. 151) STOR.M WATER DRAINAGE s I III and recfevclopment occtll- Inside the Cie\ elc ped portions of the clt'~, em tirl.~ substandard drallMlle s\ steals must b(e rev )tlslructed ril a C's)St-c t`t`e '11 ;'e I[larltier to 1111lrt Impacts on the adjac ell! de\ c1oped pl'O pertles (1 A ,s' 1'(311) 10 policy on infill development aright include the following goals and strategies: Accommodate growth by encouraging and facilitating developi-rent on vacant; bypassed and underutilized land within areas that already have infrastructure. utilities, and public facilities, while addressing the needs of Denton residents; . Encourage efficient use of land and public services in the context of existing communities: . Stimulate ecuriomic investment acid development in older established con,iniunities ® Provide developers and property owners flexibility so that then can achieve high quality design amid develop infill projects that strengthen existing communities; IN Create a high quality con-m-iinrty environment that is enhanced by a balanced compact mix of residential, commercial, recreational, open space, employment and institutional uses and building types; ® Implement the goals; objectives and policies of individual neighborhoods' small area plan Encourage compact development that is pedestrian- scaled and, where applicable, transit-oriented; Designate geographic areas as infill and redevelopment areas for the purpose of targeting economic development, job creation; housing, transportation, neighborhood revitalization and preservation. and land use incentives to encourage urban infill and redevelopment within the urban core. Investigate siting of locations for transit nodes. ® Establish guidelines for the adoption of land development regulations amid architectural standards specific to the infill and redevelopment area. Revise or ari'iend development standards to prorrrote compatibility between new and existing development through infill; Create overlay distracts to allow flexibility in lot size, configuration, vehicle access, and other site design requirements to facilitate infill development; r Promote neighborhood preservation and ' enhancement through redevelopment of underutilized vacant properties: Encourage development and preservation of - - affordable housing through infill development; and Encourage mixed-arse developri-rent to cornplete neighborhoods and provide housing close to jobs. 11 [~P~rogramm Objectives; . City, in cooperation with neighborhood and development community, identify areas where infill development is desired. 2. Establish standards for the type of infill development that are appropriate for each of these areas. Standards should regulate the density, size and architectural design of new infill development. 3. provide incentives to developers for building new infill projects. 4. Participate in improvements to public facilities and services to support infill development. . Charge existing regulations to support infill development. rr Steps: `I. Identify stakeholders and form a task group or steering committee that is capable of representing the various points of view in the community and working together toward a common agenda. Educate stakeholders about the benefits of infill development, . Identify infill priority areas. Involve the stakeholder group in identifying priority areas for infill development. Consult with realtors and developers to assess the real estate market for infill development it these areas. Identify what types of development would be feasible and ghat would be the most appropriate density. 3. Carry out an infill parcel inventory in priority areas. Create an inventory of the vacant and underutilized property its the priority infill areas identified above. Prioritize the infill parcels according to developability and their importance for achieving the community's objectives. Evaluate based on size of parcel, configuration of parcel; size, condition, quality and value o existing structure; character of the neighborhood; dynamics of the real estate market, capacity and condition of infrastructure, and surrounding amenities and support services. Identify barriers to infill development. Involve stakeholders in evaluating strategies and recommendations. Identify implementation strategy, resoUrces and action plan. 12 THIS PAGE INTENTIONALLY LEFT BLANK AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2005 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Sharon Mays 349-8487 ACM: Kathy DuBose SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a three-year contract for the purchase of electrical secondary connection pedestals for Denton Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date (Bid 3347-Three-Year Agreement for Purchase of Electrical Secondary Connection Pedestals awarded to the lowest responsible bidder, Priester Supply, in the annual estimated amount of $30,000). (The Public Utility Board approved this item by a vote of 5-0). BID INFORMATION This bid is for a three-year contract to supply electrical secondary pedestals, which are utilized by Denton Municipal Electric in residential and small commercial applications. These items are carried in the Warehouse for easy access. RECOMMENDATION Award to Priester Supply in the unit price amount of $129.49 each, for an annual estimated amount of $30,000. PRINCIPAL PLACE OF BUSINESS Priester Supply Arlington, Texas ESTIMATED SCHEDULE OF PROJECT This price agreement will be in effect for a period of three years from the date of award and may be extended for additional one-year periods if agreed to by both parties with all pricing, terms and conditions remaining the same. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved this item at its July 11, 2005 meeting. Agenda Information Sheet July 19, 2005 Page 2 FISCAL INFORMATION The items in this bid will be funded out of the Warehouse Working Capital account and charged back to the using Department. Respectfully submitted: \ Z7 - Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet I-AIS-3347 X z F z 00 ° ~;.2 ~ >O 0~ ° 2M N W J > .ti O U N Q > N Q 0 LL yr z N In Lf) .~-I LML ° X } Z Oo a(7p _ O M M 5 m r II K ,L W 'D 00 z N H O 7~' V E2 M N j a Q 9 o w a O~ Tti ML LL V) ° O O' r o a O a o Z N O ~ (n C N V) ..y N 00 > m o z= a Q U ° 0 oz my co X ~ H ~ ~ O p 0 c0 O II 3 (a7 Lr) N ° N r 0 ~ v z N > M (n N a z W N O =a p O~ nv LL m m X co O °o co a N C N 3: (D - 00 7 N z W m Q U LLI ?I > m m t/} X Y X O° 10 d ~ a U O Z N o N Z U O N U Q > r 4b~ ~ . -I O i .ti Q O U ~ W' U H p O t0 O m In 3 aol ° W 2 rz w U In 10 W m m m M-I z M N SZ O •.-I N > 0 my co v E ~ X ~ a) H o ~ .Um. O a w.~.a) ai voi ao+ 3 -2 CL Lr) (D Ln a w (n M C) CL u w 10 zoo M > W fn C tR Mn a O = m~ u co u T , N CL a CL 10 .0 C O cn v~ N~ D 0 z U ~o -~XU _ Quo d Q a (6 21 CL u O 0 n Q U ° U) r v Lr) co ° Lr) QJ z m C N 'o U > O R O U o (6 = a U L. _ 4. U O a O LU w w O o L N w O U W U y L U C ~ w o C d V Oo m 0 w 3 V w ° m 4. u o a O cn O w V U) N V i 2 W Q ~ Vi m ~i f6 O > 0 N w a L > (A W N N = ~ ~ m ~ ~ a l0 Q m w u ~ ~ L ~ O m ro Es 00 ro O o d Ln w 00 u yy I 4~ 1} ~ 6 a i C~D~a ~ a` a ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A THREE-YEAR CONTRACT FOR THE PURCHASE OF ELECTRICAL SECONDARY CONNECTION PEDESTALS FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3347-THREE-YEAR AGREEMENT FOR PURCHASE OF ELECTRICAL SECONDARY CONNECTION PEDESTALS AWARDED TO THE LOWEST RESPONSIBLE BIDDER, PRIESTER SUPPLY, IN THE ANNUAL ESTIMATED AMOUNT OF $30,000). 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 therefor; 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 bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 3347 Priester Supply Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. 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. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: ~7-'~~ 3-ORD-BID 3347 CITY OF DENTON, TEXAS PUBLIC UTILITIES BOARD MEETING AGENDA FOR JULY 11, 2005 9:00 A. M. DRAFT After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, July 11, 2005 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Bob Bland, Bill Cheek, Phil Gallivan, Charldean Newell, Dick Smith EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM./Utilities Excused: John Baines George Hopkins CONSENT AGENDA: Approval of the Consent Agenda authorizes the Assistant City Manager for Utilities or his designee, to implement each item in accordance with the staff recommendations. The Public Utilities Board has received background information, staff s recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids or purchase orders or other matters to be brought before the Public Utilities Board to be considered and approved for payment under Consent Agenda Items 1 through 7. Detailed information is attached to each Consent Agenda item. This listing is provided on the Consent Agenda to allow Public Utilities Board Members to discuss or withdraw an item prior to approval of the Consent Agenda. If the item is pulled from consideration for separate discussion, prior to its consideration, such item will be considered as the first item(s) taken up under the "Items For Individual Consideration" section of the agenda, set forth below. The remaining Consent Agenda Items will be approved with one motion, a second, and by a majority vote of the Public Utilities Board Members who are present. 1) Consider approval of Task Order 05-F with R.J. Covington Consulting, LLC for the provision of testimony and support during a formal Public Utility Commission of Texas (PUCT) hearing regarding the Denton Municipal Electric (DME) Transmission Cost of Service (TCOS) filing in an amount not to exceed $18,766. 2) Consider approval of Bid 3347 for Purchase of Electrical Secondary Connection Pedestals from Priester Supply, in the annual estimated amount of $30,000. Page 1 of 2 3) Consider approval of Bid 3348, for the Purchase of Polymer Concrete Transformer Pads, from the lowest responsible bidder for each item in the annual estimated amount of $26,000. 4) Consider approval of Bid 3323 for the purchase of galvanized steel structures to construct an addition to the existing Hickory Substation and awarded to the lowest responsible bidder in the estimated amount of $66,616. 5) Consider approval of Bid No. 3343 for a 10,000 Gallon ConVault Above Ground Fuel Storage Tank, from Holloway Welding and Piping Company in the amount of $71,152. 6) Consider approval for the purchase and installation of Caterpillar's Computer Aided Earthmoving System (CAES), to Holt Caterpillar of Fort Worth, Texas, in the amount of $74,620. 7) Consider recommending approval of the purchase of a certain 1.46 acre tract of realty, from Aaron Baltazar, Ltd. located in the T. Toby Abstract, No. 1288, City of Denton, Denton County, Texas, and being shown as Lot B, Block C, of La Hacienda Heights, Phase I Final Plat. Board Member Bill Cheek moved to approve Consent Agenda Items #1-7 with a second from Board Member Phil Gallivan. The motion was approved by a vote of 5-0. Page 2 of 2 THIS PAGE INTENTIONALLY LEFT BLANK AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2005 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Sharon Mays 349-8487 ACM: Kathy DuBose SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a three year contract for the purchase of Polymer Concrete Transformer Pads for Denton Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date (Bid 3348- Three Year Agreement for Purchase of Polymer Concrete Transformer Pads awarded to the lowest responsible bidder for each item in the annual estimated amount of $26,000). (The Public Utility Board approved this item by a vote of 5-0). BID INFORMATION This bid is for a three-year contract to supply polymer concrete transformer pads. These frequently used items are carried in the Warehouse and used by Denton Municipal Electric. RECOMMENDATION Award to the lowest responsible bidder for each item as listed in Exhibit A for an annual estimated amount of $26,000. PRINCIPAL PLACE OF BUSINESS Texas Electric Cooperatives Decatur, TX ESTIMATED SCHEDULE OF PROJECT This price agreement will be in effect for a period of three years from the date of award and may be extended for additional one-year periods if agreed to by both parties with all pricing, terms and conditions remaining the same. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved this item at its July 11, 2005 meeting. Agenda Information Sheet July 19, 2005 Page 2 FISCAL INFORMATION The items in this bid will be funded out of the Warehouse Working Capital account and charged back to the using Department. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet I-AIS-3348 o o 0 Z w 6 M N N W y Ol > m .pN- m yr en Y H O O O 0 N - ~ Z U Z O ^ II O N a Lr) > H r ~ r, r O LL 0 o p O p r O a O a 5m °'o Oo 00 Z C H >>O .ti O 00 2: Ln 2: W w N J > O In O > ~ Q r yr z H z O LL X c c 0 O p ~ o f II o O E II O O 2m ~a No Ln -o No Z >O C H O O E M E m N -0 .2 Ln m .2 yf} > > Q Q ~ yf} E E O O L O L L U U 2p - Lnd ° 1=m r ~o z ~~H >o N~ o z w J > O Q r yr z z O LL O o v D 'o 0 II m Q Z a O z > w o z p O LL Q C H 00 rn 0 0 M 0 U) L p W Z E In rn w a) 10 > L O H} H} ~ U c = v E ?1 m CL R (n 1' O ~ m In 10 o 0 rn 11 II 00 Q a W N p o CD' n 0 N > ) - N a` Q ~ X > H o O 2 r O (n o w W co w M O V In N > X O Q ff yr F a) U N L U o -0 N o N Lrn :O w. - U Q co O Z N -2 CL p w w L N z U > wv) yr L = C O Lr) 0 a w 0 r~ U 00 L 7 ol ' X X 3 a a) a) 0 W N O' j L - 7 m O O L O N N N E O W o E E ~ a 4 O O 0 .IS v f6V LIB N C N N V i O ~V' f6 f6 i O O &M ~L ~L 00 C N N N N > N O f6 2 f6 2 f6 W L = d LL d LL p 'O p m m 00 # O In 'o V N 0 O 7 7 U - W W a c+) n a 00 0 _ 2 d N N 4~ C V U (6 N N .-I Cp 0 r a` ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A THREE YEAR CONTRACT FOR THE PURCHASE OF POLYMER CONCRETE TRANSFORMER PADS FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3348-THREE YEAR AGREEMENT FOR PURCHASE OF POLYMER CONCRETE TRANSFORMER PADS AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM IN THE ANNUAL ESTIMATED AMOUNT OF $26,000). 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 therefor; 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 bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 3348 1 & 2 Texas Electric Cooperatives Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. 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. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: 3-ORD-BID 3348 Exhibit A Bid # 3348 Date: June 16, 2005 Three-Year Agreement for Purchase of Polymer Concrete Transformer Pads Item COD Description Est. Annual VENDOR Warehouse # Qty. Texas Electric Cooperatives Principle Place of Business: Decatur, TX 1 28584100 Pad, Transformer 48" x 48" 150 $99.75 Fibercrete 2 28584250 Pad, Transformer 72" x 94" 5 $548.00 Fibercrete Delivery can be made within 28 days of receipt of order. CITY OF DENTON, TEXAS PUBLIC UTILITIES BOARD MEETING AGENDA FOR JULY 11, 2005 9:00 A. M. DRAFT After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, July 11, 2005 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Bob Bland, Bill Cheek, Phil Gallivan, Charldean Newell, Dick Smith EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM./Utilities Excused: John Baines George Hopkins CONSENT AGENDA: Approval of the Consent Agenda authorizes the Assistant City Manager for Utilities or his designee, to implement each item in accordance with the staff recommendations. The Public Utilities Board has received background information, staff s recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids or purchase orders or other matters to be brought before the Public Utilities Board to be considered and approved for payment under Consent Agenda Items 1 through 7. Detailed information is attached to each Consent Agenda item. This listing is provided on the Consent Agenda to allow Public Utilities Board Members to discuss or withdraw an item prior to approval of the Consent Agenda. If the item is pulled from consideration for separate discussion, prior to its consideration, such item will be considered as the first item(s) taken up under the "Items For Individual Consideration" section of the agenda, set forth below. The remaining Consent Agenda Items will be approved with one motion, a second, and by a majority vote of the Public Utilities Board Members who are present. 1) Consider approval of Task Order 05-F with R.J. Covington Consulting, LLC for the provision of testimony and support during a formal Public Utility Commission of Texas (PUCT) hearing regarding the Denton Municipal Electric (DME) Transmission Cost of Service (TCOS) filing in an amount not to exceed $18,766. 2) Consider approval of Bid 3347 for Purchase of Electrical Secondary Connection Pedestals from Priester Supply, in the annual estimated amount of $30,000. Page 1 of 2 3) Consider approval of Bid 3348, for the Purchase of Polymer Concrete Transformer Pads, from the lowest responsible bidder for each item in the annual estimated amount of $26,000. 4) Consider approval of Bid 3323 for the purchase of galvanized steel structures to construct an addition to the existing Hickory Substation and awarded to the lowest responsible bidder in the estimated amount of $66,616. 5) Consider approval of Bid No. 3343 for a 10,000 Gallon ConVault Above Ground Fuel Storage Tank, from Holloway Welding and Piping Company in the amount of $71,152. 6) Consider approval for the purchase and installation of Caterpillar's Computer Aided Earthmoving System (CAES), to Holt Caterpillar of Fort Worth, Texas, in the amount of $74,620. 7) Consider recommending approval of the purchase of a certain 1.46 acre tract of realty, from Aaron Baltazar, Ltd. located in the T. Toby Abstract, No. 1288, City of Denton, Denton County, Texas, and being shown as Lot B, Block C, of La Hacienda Heights, Phase I Final Plat. Board Member Bill Cheek moved to approve Consent Agenda Items #1-7 with a second from Board Member Phil Gallivan. The motion was approved by a vote of 5-0. Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2005 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Vance Kemler 349-8044 ACM: Kathy DuBose SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract with Jamail Construction Company for the design/build of a replacement landfill scale house in an amount not to exceed $296,438. (The Public Utility Board approved this item by a vote of 4-0). BACKGROUND INFORMATION During the permit process of the expanded landfill area (1590A), the replacement of the landfill scale house was planned, along with a relocation of the entrance road. The new entry road has been completed. New disposal capacity was needed as soon as possible. The existing scales, scale entrance road, and old temporary scale house building were not relocated. The Public Utilities Board and the City Council approved replacement of the scale house during the FY 2003 budget approval process. Long-term bonds were sold during the spring of 2004 to fund the project. Over the past year, the Solid Waste staff has visited many landfill scale house sites to gather ideas and operational information on building designs, traffic flows, scales, and equipment, which will provide efficient customer service. The City of Denton's Facilities Management Department and Purchasing developed a procurement of services package designed to reduce the cost of project development, design and bidding of small and mid-sized construction projects that would normally incur high front-end development and administrative costs. Jamail Construction Company performs these types of services for several public entities in Texas and is the City's selected service provider for these general construction projects. Solid Waste Department staff met with the City's design/build contractor, Jamail Construction Company, and discussed the Department's project utilizing a design/build process. Following meetings to discuss the City's needs, Jamail Construction Company prepared a preliminary design and submitted estimated costs for the scale house design and construction, i.e. to provide a `turn-key' job. Staff had several follow-up meetings with Jamail Construction Company personnel to further define construction requirements, reduce preliminary cost estimates, and establish a not to exceed control budget of $296,438 for the project. Agenda Information Sheet July 19, 2005 Page 2 BACKGROUND INFORMATION The design/build process recommended for this acquisition is commonly referred to as Job Order Contracting (JOC). JOC is a fixed price, indefinite quantity contract for multiple facility projects delivered on an "on call" or retainer basis by a general contractor through individual job orders. The general contractor selected through a competitive bid process utilize a coefficient or discount multiplier applied to the prices published in the R.S. Means Book of Facilities Construction. The selected contractor, Jamail Construction Company, will supply bonding, insurance, A/E services and construction at the R.S. Means discounted price utilizing local sub contractors. Denton County, the University of North Texas, the cities of Mesquite, Ft. Worth, and Garland, numerous counties, school districts, and universities statewide have successfully utilized this process. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved this item by a vote of 4-0. RECOMMENDATION Award of a contract to Jamail Construction Company for the design/build of the Landfill Scale House in the not to exceed amount of $296,439. PRINCIPAL PLACE OF BUSINESS Jamail Construction Company Grand Prairie, TX ESTIMATED SCHEDULE OF PROJECT The design Phase and construction drawings are complete. Construction is estimated to begin in August 2005 with an estimated completion date of December 2005. FISCAL INFORMATION This project will be funded from approved CIP funds. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Scale House Control Budget I-AIS-FILE 3356 Attachment 1 CITY OF DENTON LANDFILL SCALE HOUSE CONTROL BUDGET CSI Item Qnty Unit Price Total Notes 2 General Conditions 20 wk $3,000.00 $60,000 2 Sitework 1875 sf $2.00 $3,750 5' Around Building Footprint 3 Concrete Slab 1020 sf $7.00 $7,140 3 Foundation Grade Beams 32 cy $225.00 $7,200 4 Glass Block 16 sf $60.00 $960 4 Split Face CMU Block 3400 sf $11.50 $39,100 4 Cast Stone 264 If $32.00 $8,448 5 Balcony Support 20 If $50.00 $1,000 5Hand Rail 30 If $100.00 $3,000 5 Spiral Staircase 16 rsr $200.00 $3,200 6 Wood Composition Joists 800 If $4.00 $3,200 6 Wood Deck & Subfloor 1658 sf $4.00 $6,632 6 Blocking/Ledger Boards 156 If $4.50 $702 6 .Millwork 99 If $150.00 $14,850 7 Insulation 1283 sf $1.50 $1,925 2nd Floor Ceiling, Restroom Walls 7 Roofing 10 sq $250.00 $2,500 8 Doors & Hardware 7 ea $1,750.00 $12,250 8 Windows 415 sf $25.00 $10,375 9Ceramic Tile 142 sf $15.00 $2,130 9 Ceiling Tile 1450 sf $3.50 $5,075 9 Framing 3 5/8" w/ Gyp & Paint 1265 sf $6.00 $7,590 9 Framing 6" w/ Gyp & Paint 132 sf $6.50 $858 9 Gyp Ceiling 95 sf $5.50 $523 9 Gyp on Furr Strip w/ Paint 3036 sf $3.50 $10,626 9 Rubber Base 140 If $2.00 $280 9 Terrazzo 650 sf $12.00 $7,800 10 Document Drawer 2 ea $5,500.00 $11,000 10 RestroomAccessories 5 ea $200.00 $1,000 10 Card Access for Entrance 1 ea $1,200.00 $1,200 15 HVAC w/ Ductwork 5 ton $2,000.00 $10,000 15 Plumbing Fixtures 4 ea $1,250.00 $5,000 15 Plumbing Rough In Supply & Drain 100 If $65.00 $6,500 Plumbing to 5' Outside of Building 15 Roof Drains 75 If $35.00 $2,625 Plumbing to 5' Outside of Building 16 4" Conduits 70 If $125.00 $8,750 Conduit to 5' Outside of Building 16 Ceiling Fans 2 ea $600.00 $1,200 16 Light Fixtures Exterior 9 ea $450.00 $4,050 16 Light Fixtures Interior 16 ea $300.00 $4,800 16 Main Power Distribution 1 Isum $7,000.00 $7,000 Inside & to 5' Outside Building 16 Receptacles 30 ea $250.00 $7,500 16 Switches 9 ea $300.00 $2,700 16 Water Heater 1 ea $2,000.00 $2,000 Grand Total :1$296,438 ORDINANCE NO. AN ORDINANCE APPROVING A JOB ORDER CONSTRUCTION CONTRACT THROUGH AN INTERLOCAL AGREEMENT WITH DENTON COUNTY WITH JAMAIL CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF A LANDFILL SCALE HOUSE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Court Order 03-0586, Denton County, Texas has solicited, received and evaluated competitive sealed proposals for building construction and remodeling services in accordance with the procedure of state law on behalf of the City of Denton pursuant to an Interlocal Agreement between the City and the County dated October 20, 1998 (the "Interlocal Agreement"); and WHEREAS, Jamail Construction Company was selected as the offeror providing the best value based on the selection criteria contained in the request for competitive sealed proposals; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that a construction contract be awarded under the Interlocal Agreement to Jamail Construction Company for the design and building of a landfill scale house; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the proposed expenditures; 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. In accordance with the Interlocal Agreement the City Council approves -the design-build contract with Jamail Construction Company for the landfill scale house for a not exceed amount of $296,438 as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the `Budget'). SECTION 3. By the acceptance of the Budget, the City accepts the prices submitted by Jamail Construction Company to Denton County contained in the competitive sealed proposal documents and related documents filed with Denton County, which prices are set forth in the Budget. SECTION 4. The City Council hereby authorizes the City Manager, or his designee to enter into an agreement with Jamail Construction Company consistent with this approval and is hereby authorized to make the expenditures provided for herein, and to make such change orders (not to exceed $25,000) he may later deem advisable. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYD TE ITY ATTORNEY BY: Page 2 SA0ur Documents\Ordinanees1051Denton County Job Order-Jamail.DOC Exhibit A CITY OF DENTON LANDFILL SCALE HOUSE CONTROLBUDGET CSI Item Qnty Unit Price Total Notes 2 General Conditions 20 wk 3,000.00 $60,000 2 Sitework 1875 sf $2.00 $3,750 5' Around Building Footprint 3 Concrete Slab 1020 sf $7.00 $7,140 3 Foundation Grade Beams 32 c $225.00 $7,200 4 Glass Block 16 sf $60.00 $960 4 Split Face CMU Block 3400 sf $11.50 $39,100 4 Cast Stone 264 If $32.00 $8,448 5 Balcony Support 20 If $50.00 $1,000 5 Hand Rail 30 If $100.00 $3,000 5 Spiral Staircase 16 rsr $200.00 $3,200 6 Wood Composition Joists 800 if $4.00 $3,200 6 Wood Deck & Subfloor 1658 sf $4.00 $6,632 6 Blocking/Ledger Boards 156 If $4.50 $702 6 Millwork 99 If $150.00 $14,850 7 Insulation 1283 sf $1.50 $1,925 2nd Floor Ceiling, Restroom Walls 7 Roofing 10 s $250.00 $2,500 8 Doors & Hardware 7 ea $1,750.00 $12,250 8 Windows 415 sf $25.00 $10,375 9 Ceramic Tile 142 sf $15.00 $2,130 9 Ceiling Tile 1450 sf $3.50 $5,075 9 Framing 3 518" wl G & Paint 1265 sf $6.00 $7,590 9 Framing 6" wl G & Paint 132 sf $6.50 $858 9 G Ceiling 95 sf $5.50 $523 9 G on Furr Strip wl Paint 3036 sf $3.50 $10,626 9 Rubber Base 140 If $2.00 $280 9 Terrazzo 650 sf $12.00 $7,800 10 Document Drawer 2 ea $5,500.00 $11,000 10 Restroom Accessories 5 ea $200.00 $1,000 10 Card Access for Entrance 1 ea $1,200.00 $1,200 15 HVAC w/ Ductwork 5 ton $2,000.00 $10,000 15 Plumbing Fixtures 4 ea $1,250.00 $5,000 15 Plumbing Rough In Supply & Drain 100 If $65.00 $6,500 Plumbing to 5' Outside of Building 15 Roof Drains 75 If $35.00 $2,625 Plumbing to 5' Outside of Building 1614" Conduits 70 If $125.00 $8,750 Conduit to 5' Outside of Building 16 Ceilin Fans P30 ea $600.00 $1,200 16 Light Fixtures Exterior ea $450.00 $4,050 16 Light Fixtures Interior ea $300.00 $4,800 16 Main Power Distribution [sum .$7,000.00 $7,000 Inside & to 5' Outside Building 16 Receptacles ea $250.00 $7,500 16 Switches ea $300.00 $2,700 16 Water Heater 1 ea $2,000.00 $2,000 Grand Total :1$296,438 I CITY OF DENTON, TEXAS 2 PUBLIC UTILITIES BOARD MEETING MINUTES 3 JUNE 13, 2005 4 9:00 a.m. 5 DRAFT 6 7 8 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas 9 was present, the Public Utilities Board convened into an Open Meeting on Monday, June 13, 10 2005, at 9:00 a.m., in the Service Center Training Room, City of Denton Service Center, 901- 11 A Texas Street, Denton, Texas. 12 13 PRESENT: George Hopkins, Charldean Newell, and Dick Smith 14 15 John Baines arrived at 9:18 a.m. 16 17 EX OFFICIO MEMBERS 18 Howard Martin, ACM/Utilities 19 20 EXCUSED: Bob Bland 21 Bill Cheek 22 Phil Gallivan 23 24 [The Chair started the Open Meeting at 9:00 o'clock a.m. Three members were present at that 25 time. In order to conduct a Closed Meeting and meet the requirements of §551.086(b)(3), 26 four members, or a "majority vote of the Board's members" must be present. The Chair 27 proceeded to shift the agenda until the fourth member of the Board could be present later that 28 morning. The Chair proceeded with the Open Meeting agenda.] 29 30 ITEMS FOR INDIVIDUAL CONSIDERATION: 31 32 15) Consider approval for the design/build of the Landfill Scale House by Jamail Construction 33 Company, Grand Prairie, Texas, for the replacement of the landfill scale house; in an 34 amount not to exceed $296,438. 35 36 Vance Kemler, Director of Solid Waste and Tom Shaw, Purchasing Agent, presented this 37 item. 38 39 Replacement of the scale house was approved by the Public Utilities Board and the City 40 Council during the FY 2003 budget approval process. Long-term bonds were sold during the 41 spring of 2004 to fund the project. Over the past year, the Solid Waste staff has visited many 42 landfill scale house sites to gather ideas and operational information on building designs, 43 traffic flows, scales, and equipment, which will provide efficient customer service. 44 45 The City of Denton's Facilities Management Department and Purchasing developed a 46 procurement of services package designed to reduce the cost of project development, design 47 and bidding of small and mid-sized construction projects that would normally incur high 48 front-end development and administrative costs. Jamail Construction performs these types of 1 I services for several public entities in Texas and is the City's selected service provider for 2 these general construction projects. 3 4 Solid Waste Department staff met with the City's design/build contractor, Jamail 5 Construction Company, and discussed the Department's project utilizing a design/build 6 process. Following meetings to discuss the City's needs, Jamail Construction prepared a 7 preliminary design and submitted estimated costs for the scale house design and construction, 8 i.e. to provide a `turn-key' job. Staff had several follow-up meetings with Jamail Construction 9 personnel to further define construction requirements, reduce preliminary cost estimates, and 10 establish a not to exceed control budget of $296,438 for the project. 11 12 Board Member Dick Smith moved approval for the design/build of the Landfill Scale House 13 by Jamail Construction Company, with a second from Board Member George Hopkins. The 14 motion was approved by a vote of 4-0. 15 16 17 18 Charldean Newell, Chairperson Howard Martin, ACM/Utilities 19 20 21 22 Lynn Pedrick, Secretary 23 2 AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2005 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Vance Kemler 349-8044 ACM: Kathy DuBose SUBJECT Consider adoption of an Ordinance of the City of Denton accepting competitive bids and awarding a contract for the purchase of two 10,000 gallon above ground fuel storage tanks for the Solid Waste Division; providing for the expenditure of funds therefore; and providing an effective date (Bid 3343-10,000 Gallon ConVault Above Ground Fuel Storage Tank awarded to Holloway Welding and Piping Company in the amount of $71,152). (The Public Utility Board approved this item by a vote of 5-0). BID INFORMATION In April 2003 the Solid Waste Department purchased and installed two 10,000-gallon fuel tanks (Phase 1) to meet the increased fueling needs of the Department. The fueling station foundation and containment system was designed and constructed to contain four 10,000-gallon fuel tanks, and additional tanks for lubricants and oils. At its meeting of March 23, 2003, the City Council approved awarding the design and development of a biodiesel production facility on the landfill property. The City of Denton and Biodiesel Industries, Inc. have jointly entered into an agreement to produce biodiesel fuel at the production facility located at the City of Denton's landfill. Biodiesel fuel is in production and is available for City vehicle utilization at the landfill fueling station. The landfill maintains fuel storage tanks for gasoline, diesel, and biodiesel at the landfill fuel station. The Solid Waste Department's entire fleet, both on-road and off-road vehicles, fuel from this station. Phase 2 of the landfill fuel station was designed for the addition of the two recommended fuel station tanks. These tanks will enable the landfill fueling station to efficiently meet the expanded fueling requirements of the Solid Waste Department and other City Departments. The recommended tanks have a protected and insulated storage tank system warranted against leakage for thirty years. The recommended tanks enable the landfill fueling station to meet the Texas Commission on Environmental Quality (TCEQ) air and ground water protection requirements. Agenda Information Sheet July 19, 2005 Page 2 RECOMMENDATION Award to Holloway Welding and Piping Company's alternate bid as listed on attached Exhibit A. The first model quoted by Holloway Welding and Piping Company, the apparent low bidder, was for a round, steel tank, which did not meet specifications regarding required shape and composition. PRINCIPAL PLACE OF BUSINESS Holloway Welding and Piping Company Allen, Texas ESTIMATED SCHEDULE OF PROJECT This item can be delivered within eight weeks of receipt of an order. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved this item at its July 11, 2005 meeting. FISCAL INFORMATION Funding for the fuel tanks will be provided from existing long-term bonds. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet I-AIS-BID 3343 r d7 O H N In z O. 10 m O W 7 O > W 0 4A > co C ^ y O 0 3 c"m ID p z C O r, in ? E H G=7 Lr in W =4).aa a M > a " 4A a co 0 ~C o 0 3M IM =C, o Q z = ? 'O y 'n z > = 0 a o o~ O W U i O z m V O m w E > m > w Vf m = O = LL V a d H O O 0 z O c 0 M to ID W U Ol i+ C O C 7 'A r C ~ 7 V LL M O Z o -i u Q z E 0) c ° ~ y o Q W c N 4A J ~ O O a u a~ o co O~ z c = L ID L rn W L O N W H LL 0 V C p~ x O Z O H ul O o rE= p M d O 0 rn O z M y= y m LU co O W u o O a Q 0 ~ V L C r Z S V E J O V > C: C O Ln ~ N C~ Ow O Q u N , O > m Cm ~a N Z w oo w O O p 0 V V 00 a O M W J (1) o ? o a~ qe z Q a D E o m = M n O a N ~ W O a Q O W 00 D ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TWO 10,000 GALLON ABOVE GROUND FUEL STORAGE TANKS FOR THE SOLID WASTE DIVISION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3343-10,000 GALLON CONVAULT ABOVE GROUND FUEL STORAGE TANK AWARDED TO HOLLOWAY WELDING AND PIPING COMPANY IN THE AMOUNT OF $71,152). 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 therefor; 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. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 3343 Holloway Welding and Piping Co. $71,152 SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. 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. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: 3-ORD-3343 Exhibit A BID # 3343 DATE: JUNE 14, 2005 10,000 GAL. CONVAULT ABOVE GROUND FUEL STORAGE TANK ITEM QTY. DESCRIPTION VENDOR Holloway Welding & Piping Co. (ALT. BID) Principle Place of Business: Allen, TX 10,000 Gallon ConVault Diesel 1 2 Storage Tank $35,576.00 Delivery & Installation can be made in days from receipt 55 of order. CITY OF DENTON, TEXAS PUBLIC UTILITIES BOARD MEETING AGENDA FOR JULY 11, 2005 9:00 A. M. DRAFT After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, July 11, 2005 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Bob Bland, Bill Cheek, Phil Gallivan, Charldean Newell, Dick Smith EX OFFICIO MEMBERS Michael Conduff, City Manager Howard Martin, ACM./Utilities Excused: John Baines George Hopkins CONSENT AGENDA: Approval of the Consent Agenda authorizes the Assistant City Manager for Utilities or his designee, to implement each item in accordance with the staff recommendations. The Public Utilities Board has received background information, staff s recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids or purchase orders or other matters to be brought before the Public Utilities Board to be considered and approved for payment under Consent Agenda Items 1 through 7. Detailed information is attached to each Consent Agenda item. This listing is provided on the Consent Agenda to allow Public Utilities Board Members to discuss or withdraw an item prior to approval of the Consent Agenda. If the item is pulled from consideration for separate discussion, prior to its consideration, such item will be considered as the first item(s) taken up under the "Items For Individual Consideration" section of the agenda, set forth below. The remaining Consent Agenda Items will be approved with one motion, a second, and by a majority vote of the Public Utilities Board Members who are present. 1) Consider approval of Task Order 05-F with R.J. Covington Consulting, LLC for the provision of testimony and support during a formal Public Utility Commission of Texas (PUCT) hearing regarding the Denton Municipal Electric (DME) Transmission Cost of Service (TCOS) filing in an amount not to exceed $18,766. 2) Consider approval of Bid 3347 for Purchase of Electrical Secondary Connection Pedestals from Priester Supply, in the annual estimated amount of $30,000. Page 1 of 2 3) Consider approval of Bid 3348, for the Purchase of Polymer Concrete Transformer Pads, from the lowest responsible bidder for each item in the annual estimated amount of $26,000. 4) Consider approval of Bid 3323 for the purchase of galvanized steel structures to construct an addition to the existing Hickory Substation and awarded to the lowest responsible bidder in the estimated amount of $66,616. 5) Consider approval of Bid No. 3343 for a 10,000 Gallon ConVault Above Ground Fuel Storage Tank, from Holloway Welding and Piping Company in the amount of $71,152. 6) Consider approval for the purchase and installation of Caterpillar's Computer Aided Earthmoving System (CAES), to Holt Caterpillar of Fort Worth, Texas, in the amount of $74,620. 7) Consider recommending approval of the purchase of a certain 1.46 acre tract of realty, from Aaron Baltazar, Ltd. located in the T. Toby Abstract, No. 1288, City of Denton, Denton County, Texas, and being shown as Lot B, Block C, of La Hacienda Heights, Phase I Final Plat. Board Member Bill Cheek moved to approve Consent Agenda Items #1-7 with a second from Board Member Phil Gallivan. The motion was approved by a vote of 5-0. Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2005 DEPARTMENT: Airport and Transportation Operations ACM: Jon Fortune, Assistant City Manager SUBJECT Consider adoption of an ordinance authorizing an agreement between the City of Denton and the Federal Aviation Administration providing a land site and space for the Automated Surface Observation System; and providing an effective date. The Airport Advisory Board unanimously recommends approval of this agreement, 7-0. BACKGROUND The Federal Aviation Administration (FAA) has requested the City of Denton approve a lease agreement for the Automated Surface Observation System (ASOS). The agreement would allow the FAA to renew their ground lease for the ASOS monitoring station currently located near the northwest corner of the airport. The lease agreement would also lease a portion of the Denton Tower equipment room to the FAA for the purpose of transferring their current clearance delivery radio equipment from their existing facility north of the Mahon leasehold to the second floor of the Denton Tower. The lease agreement is the initial part of a two-phase agreement that would commit the FAA to provide and maintain the radio equipment for Ground Control/Clearance Delivery frequency (123.95) and the Common Traffic Advisory frequency/Tower frequency (119.95). A Letter of Agreement between the FAA and the City of Denton would authorize the second phase of the agreement within 60 days of the execution of the phase one-lease agreement. ESTIMATED SCHEDULE OF PROJECT The lease would be retroactive to April 1, 2005 and continue through the 30th day of September 2010 (5 years). PRIOR ACTION/REVIEW The City Attorney has reviewed the lease agreement and the Airport Advisory Board unanimously recommends approval of the agreement 7-0. Staff recommends approval of the agreement as submitted. FISCAL INFORMATION Due to the efficiencies created for the taxpayer, continuing support for flight safety improvements and the fact that the ASOS is the official altimeter for the Denton Tower, FAA I provision and maintenance of frequencies 119.95 and 123.95 will be considered payment in lieu of rent. EXHIBITS Ordinance Lease Agreement Respectfully submitted: Mark Nelson, Director Airport and Transit Operations 2 SA0ur Documentsl0rdinances105TAA ordinance.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE FEDERAL AVIATION ADMINISTRATION PROVIDING A LAND SITE AND SPACE FOR THE AUTOMATED SURFACE OBSERVING SYSTEM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council hereby finds that the Lease between the City of Denton and the United States of America Department of Transportation Federal Aviation Administration approved by this ordinance 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 Manager or his designee is hereby authorized to execute a Lease between the City of Denton and the United States of America Department of Transportation Federal Aviation Administration in substantially the same form as the Lease attached hereto and made a part hereof by reference. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: Lease No. DTFASW-05-L-00140 Automated Surface Observing System (ASOS) Denton Municipal Airport Denton, Texas LEASE Between THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION and CITY OF DENTON, TEXAS THIS LEASE is hereby entered into by the CITY OF DENTON, TEXAS, whose address is 215 E. McKinney, Denton, Texas 76201, hereinafter referred to as the Lessor and the UNITED STATES OF AMERICA, herein after referred to as the Government. This lease shall become effective when it is fully executed by all parties. The terms and provisions of this lease, and the conditions herein, bind the Lessor and the Lessor's administrators, successors and assigns: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. PREMISES: The Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises, VIZ: AUTOMATED SURFACE OBSERVING SYSTEM (ASOS) SENSOR GROUP LAND SITE A tract of land located approximately 835 feet west of Runway 17/35 centerline and 1,430 feet from the north end of Runway 17135, for an automated surface observing system (ASOS), facility located at Denton Municipal Airport, Denton, Texas as further identified on Exhibit "A," drawing attached hereto and made a part hereof. Lease No. DTFASW-05-L-00140 Automated Surface Observing System (ASOS) Denton Municipal Airport Denton, Texas ACQUISITION CONTROL UNIT {ACID SPACE Space located in the Equipment Room, Level 15 of the Airport Traffic Control Tower (ATCT) for the Acquisition Control Unit (ACU) and space on the telephone panel for FAA Telco Demarc as further identified in Exhibit "B," drawing, attached hereto and made a part hereof. AUTOMATED SURFACE OBSERVING SYSTEM OPERATOR INPUT DEVICE LASOS01D) A 22" x 20" space located in the Airport Traffic Control Tower (ATCT) cab for the ASOS Operator Input Device (OID) as further identified in Exhibit "C," drawing attached hereto and made a part hereof. A. Together with a right-of-way for ingress to and egress from the premises; a right-of-way for establishing and maintaining a pole line or pole lines for extending electric power and/or telecommunication lines to the premises; and a right-of-way for subsurface power, communication and/or water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the Lessor, and unless herein described otherwise, to be by routes reasonably determined to be the most convenient to the Government. B. And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of Government facilities. C. And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government. 2. TERM: To have and to hold, for the term commencing on April 1, 2005 and continuing through September 30, 2010 inclusive. 3. CANCELLATION: The Government may terminate this lease, in whole or in part, if the Real Estate Contracting Officer (RECD) determines that a termination is in the best interest of the Government. The RECO shall terminate by delivering to the Lessor a written notice specifying the effective date of 2 Lease No. DTFASW-05-L-00140 Automated Surface Observing System (ASOS) Denton Municipal Airport Denton, Texas the termination. The termination notice shall be delivered by registered mail, return receipt requested and mailed at least 30 days before the effective termination date. 4. CONSIDERATION: The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in its establishment, operation, and maintenance of the facilities upon the premises hereby leased. 5. ELECTRICAL POWER: The Lessor shall supply electrical power to the ASOS and its associated equipment in the ATCT at no cost to the Government. 6. NON-RESTORATION: It is hereby agreed between the parties, that upon termination of its occupancy, the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this lease. It is further agreed the Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Such abandoned equipment shall become the property of the Lessor. Notice of abandonment will be conveyed by the Government to the. Lessor in writing. 7. INTERFERENCE WITH GOVERNMENT OPERATIONS: The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature on the site or adjoining land within the airport boundaries that may interfere with the proper operation of the facilities installed by the Government under the terms of this lease unless consent hereto shall first be secured from the Government in writing. 8. INSTALLATION OF ANTENNAS, CABLES, AND-OTHER APPURTENANCES: The Government shall have the right to install, operate, and maintain antennas, wires and their supporting structures including any linking wires, connecting cables and conduits atop necessary buildings and structures or at other locations where deemed necessary by the Government. 3 Lease No. DTFASW-05-L-00140 Automated Surface Observing System (ASOS) Denton Municipal Airport Denton, Texas 9. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES: The Lessor agrees that any relocation, replacement, or modification of any existing or future Government facilities covered by this lease during its term or any renewal thereof made necessary by airport improvements or changes which in the Government's opinion interfere with the technical and/or operational characteristics of the Government's facilities will be at the expense of the Lessor, except when such improvements or changes are made at the written request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Lessor or the Government, funding responsibility shall be determined by the Government and the Lessor by mutual agreement. 10. HAZARDOUS SUBSTANCE CONTAMINATION: The Government agrees to remediate, at its sole cost, all hazardous substance contamination on the leased premises that is found to have occurred as a direct result of the installation, operation, and/or maintenance of the Government's facilities. The Lessor agrees to remediate, at its sole cost, any and all other hazardous substance contamination found on the leased premises. The Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the leased premises not directly attributable to the installation, operation and/or maintenance of the Government's facilities. 11. CONTINUOUS CLEARING OF LEASED FACILITY SITES/CRITICAL AREAS: The Lessor agrees to keep the areas around the Government's navigational aids mowed at all times to a height that weeds and vegetation will not be an obstruction to such operation or maintenance of these facilities. 12. QUIET ENJOYMENT: The Lessor warrants that they have good and valid title to the premises, and rights of ingress and egress, and warrants and covenants to defend the Government's use and enjoyment of said premises against third party claims. 13. OFFICIALS NOT TO BENEFIT: No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. 4 Lease No. DTFASW-05-L-00140 Automated Surface Observing System (ASOS) Denton Municipal Airport Denton, Texas 14. COVENANT AGAINST CONTINGENT FEES: The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this lease upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this lease without liability or, in its discretion, to deduct from the lease consideration, or otherwise recover the full amount.of the contingent fee. 15. ANTI-KICKBACK: The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) including, directly or indirectly, the amount of any kickback in the contract price charged by a prime contractor to the United States or in the contract price charged by a subcontractor to a prime contractor or higher tier subcontractor. 16. CONTRACT DISPUTES.: All contract disputes arising under or related to this contract shall be resolved under this clause, and through the Federal Aviation Administration (FAA) Office of Dispute Resolution for Acquisition (ODRA). Said disputes shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after a Lessor has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. A contract dispute shall be made in writing and signed by a Lessor or duly authorized representative of the Lessor and submitted to the Real Estate Contracting Officer, that it is disputed either as to liability or amount. Submission shall be within two years of the accrual of the contract claim involved. The Real Estate Contracting Officer's decision concerning the contract dispute shall be binding on the parties unless the Lessor appeals the matter to the FAA ODRA. The Real Estate Contracting Officer, upon request, will provide information relating to submitting a dispute. 17. SUBORDINATION. NONDISTURBANCE AND ATTORNMF.NT: The FAA agrees, in consideration of the warranties herein expressed, that this lease is subject and subordinate to any and all recorded deeds of trust, mortgages, and other security instruments now or hereafter imposed upon the premises, so long as such subordination shall not interfere with 5 Lease No. DTFASW-05-L-00140 Automated Surface Observing System (ASOS) Denton Municipal Airport Denton, Texas any right of the Government under this lease. It is mutually agreed that this subordination shall be self-operative and that no further instrument shall be required to effect said subordination. I In the event of any sale of the premises, or any portion thereof, or any such transfer of ownership, by foreclosure of the lien of any such security instrument, or deed provided in lieu of foreclosure, the FAA will be deemed to have attorned to any purchaser, successor, assigns, or transferee. The succeeding owner will be deemed to have assumed all rights and obligations of the Lessor under this lease, establishing direct privity of estate and contract between the Government and said purchasers/transferees, with the same force, effect and relative priority in time and right as if the lease had initially been entered into between such purchasers or transferees and the Government; provided that such transferees shall promptly provide, following such sale or transfer, appropriate documentation deemed necessary by the Real Estate Contracting Officer, and shall promptly execute any instrument, or other writings, as shall be deemed necessary to document the change in ownership. 18. NOTIFICATION OF CHANGE OF LAND TITLE: If the Lessor sells or otherwise conveys to another party or parties any interest in the aforesaid land, rights of way thereto, and any areas affecting said demised premises, they shall immediately notify the Government, in writing, of any such transfer or conveyance affecting the demised premises within 30 calendar days after completion of the "change in property rights." Concurrent with the written notification, the Lessor shall provide the Government copies of the notification, the Lessor shall provide the Government copies of the legal document(s) (acceptable to local authorities) for transferring and or conveying the property rights. 19. EXAMINATION OF RECORDS: The Comptroller General of the United States, the Administrator of the FAA, or a duly authorized representative from either shall, until 3 years after final payment under this contract have access to and the right to examine any of the Lessor's directly pertinent books, documents, paper, or other records involving transactions related to this contract. 6 S Lease No. DTFASW-05-L-00140 Automated Surface Observing System (ASOS) Denton Municipal Airport Denton, Texas 20. NOTICES: All notices/correspondence shall be in writing, reference the lease number, and be addressed as follows: City Manager TO LESSOR: City of Denton, Texas 215 E. McKinney Street Denton, Texas 76201 TO GOVERNMENT: Department of Transportation Federal Aviation Administration Property and Services Branch, ASW-54 Fort Worth, Texas 76193 IN WITNESS WHEREOF, the parties hereto have signed their names. CITY OF DENTON, TEXAS (Lessor) BY: DATE: Michael A. Conduff ATTEST: TITLE: City Manager JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: THE UNITED STATES OF AMERICA EDWIN M. SNYDER, INTERIM CITY ATTORNEY (Government) BY. BY: ~e DAT 7?as SHARON E. WYNN TITLE: CONTRACTING OFFICER 7 Lease No. DTFASW-05-L-00140 Automated Surface Observing System (ASOS) Denton Municipal Airport Denton, Texas CORPORATE CERTIFICATE I, Herbert. L. Prouty , certify that I am the Asst and Consulting City Attorney ofthetorporation named in the foregoing agreement, that Michael A. Conduff. who signed said agreement on behalf of said corporation, was then City Manager thereof, that said agreement was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers. Dated this day of , 200 *Municipal Signed by CORPORATE SEAL 8 ^,nton, TX iton Municipal Airport (DTO) Rev. i -~UL~ ~o 'jpulSp- t.oc.J.4404¢ SL EXI ,g SL ER ~ n ~ 835' E C G D'~ y w m' TO C O e WAY EXI G AA 0 E 17-35 M 0 L O E IP NG EXI FFgf PMANY G GLIDI= T AN M~ EI+TER P N OS ACCESS ROAD P EXISTING ASPHALT r- I~ i A N D FASO COM IN SOR G UP LO TION SITE LIMIT LINE Em SENSOR AREA N BUILDING 0 10' 20' .40' I~ PHOTO NUMBER SITE CIVIL LAYOUT PLAN AT RUNWAY 17 SCALE: 1" =20` Plan 2 7 Exhibit "A" Lease UTFASW--05--L--00144 0 w. WE v a a O a _a ~ a y 0 w - w €€3 qq q I N ~ N 4 M N®~~ g 04 I 1 4 I I J ' I m ~ U N~ lJJ Q-~ ' O M, tid b0 I I •1 ~ I I IZL or7 s r l 1 0 ~ ~ ~ 3 ly e 1 I~ r 0 OO I I y J l J' T, IT 0 yy~~ gag. .9-,e ~.LL V'SUY3t11.L ^KKf~ EE) O oZF~6 IT ~E 85= -In a a ap uE L ~ n G1 a I - o I III zTI1 g ' 1- - - - - - - - - - - - - - - N c N~ - 3L - I , ` ® 1 lu c I m~ I I I L -Qo I N v ' d °N b $AF yy,,,~S --mot{-5--~1 .IL^9 _ I a I i a _m m ~~z© x I ~ I N ~ ~ ~ i ~ V ~ q1~1 I W z •m [ El 1 AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2005 DEPARTMENT: Utility Administration ACM: Howard Martin, Utilities 349-8232 SUBJECT Consider approval of an ordinance approving a fourth amendment to an agreement between the city of Denton, Texas and the Greater Denton Arts Council dated October 15, 1990, authorizing the city manager to execute a fourth amended agreement approving the expenditure of funds therefor; and providing for an effective date. BACKGROUND The City and GDAC each desire to amend the Agreement again, for a fourth time, by wholly repealing the Third Amendment in its entirety, and substituting instead the terms and provision of this "Fourth Amendment." This Fourth Amendment amends: Section I, Chapter A, Paragraph 2; and also amends Schedule "A" found in said Third Agreement; OPTIONS 1. Accept and approve the terms as put forth in the Fourth Amendment 2. Continue the contract under the terms of the Third Agreement RECOMMENDATION Staff is recommending the acceptance of the Fourth Agreement as it addresses items that were not foreseen when the contract was written in 1990 (addition of the drainage fee). In addition, the Fourth Amendment provides changes that facilitate easier administration for both parties. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On October 15, 1990, the City of Denton ("CITY") and the Greater Denton Arts Council ("GDAC") entered into an Agreement, providing for payment of funds by the CITY to GDAC for providing the restoration of the Theatre and promotion and provision of artistic performances of all kinds for the benefit of the citizens of Denton. The Agreement was amended on August 20, 1991 (the "First Amendment"); and again amended on January 21, 1997 (the "Second Amendment"); and again, on September 5, 2000 (the "Third Amendment"); FISCAL INFORMATION The fiscal impact of the contract has remained around $40,000. The contract is based on usage so the amount will change with adoption of new rates. EXHIBITS 1. Ordinance 2. 4th Amendment to Agreement dated October 15, 1990 between the City of Denton, Texas, and the Greater Denton arts Council Respectfully submitted: iF~ Howard Martin ACM, Utilities Prepared by: Susan Croff Utilities Process and Q/C Auditor ORDINANCE NO. 2005- AN ORDINANCE APPROVING A FOURTH AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE GREATER DENTON ARTS COUNCIL DATED OCTOBER 15, 1990, AUTHORIZING THE CITY MANAGER TO EXECUTE A FOURTH AMENDED AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas ("City") has determined that it is in the best interest of the citizens of the City to continue to provide public funds to the Greater Denton Arts Council ("GDAC"), in consideration of the valuable public services to be furnished by the GDAC to the City, and further, in consideration of the covenants contained in the Agreement between the City and GDAC, dated October 15, 1990, and the three previous amendments of that Agreement, each approved by the City Council; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council hereby approves the Fourth Amendment to the Agreement (heretofore dated October 15, 1990), attached hereto, by and between the City of Denton, Texas and the Greater Denton Arts Council (hereafter the "Agreement"), and authorizes the City Manager to execute said Agreement. SECTION 2. The City Council authorizes the expenditure of funds in the manner and amount as specified in the Fourth Amendment to Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, ACTING CITY ATTORNEY By: M riz, 5:10ur Documentsl0rdinances1051F'ourth endment to GDAC-City Agreement of 1990.doc EXHIBIT 1 3 STATE OF TEXAS § COUNTY OF DENTON § 4" AMENDMENT TO AGREEMENT DATED OCTOBER 15,1990 BETWEEN THE CITY OF DENTON, TEXAS AND THE GREATER DENTON ARTS COUNCIL WHEREAS, on October 15, 1990, the City of Denton ("CITY") and the Greater Denton Arts Council ("GDAC") entered into an Agreement, providing for payment of funds by the CITY to GDAC for providing the community services described therein (hereafter the "Agreement"). The Agreement was amended on August 20, 1991 (the "First Amendment"); and again amended on January 21, 1997 (the "Second Amendment"); and again, on September 5, 2000 (the "Third Amendment"); and WHEREAS, the CITY and GDAC each desire to amend the Agreement again, for a fourth time, by wholly repealing the Third Amendment in its entirety, and substituting instead the terms and provision of this "Fourth Amendment." This Fourth Amendment amends: Section I, Chapter A, Paragraph 2; and also amends Schedule "A" found in said Third Agreement; NOW THEREFORE 1. Section 1, Chapter A, Paragraph 2, Sentence 1, shall be amended to state: "In the event GDAC should rent the facility to a non-member, non-public organization for a term greater than ten (10) days, GDAC shall notify CITY of such rental in writing." The remaining paragraph shall remain intact as originally written. II. "Schedule A," relating to the level of utility services consumption by GDAC for which the CITY will reimburse GDAC, shall be amended so that hereafter Schedule "A" shall read as follows: SCHEDULE "A" ANNUAL CONSUMPTION MONTHLY USAGE OR UTILITY SERVICE EQUIVALENT Electric usage (kwh) 360,204 30,017 Electric demand (KW) N/A 120.18 Water (Gallons) 114,708 9,559 Wastewater (Gallons) 97,512 8,126 Solid Waste (Mo. Svc. 12 1 Gas (MCF) 256.80 21.4 Drainage (Mo. Svc.) 12 1 Maintenance (Annual) $5,000 NOTE: Usage units calculated for FYE 2004-2006 from Actual Usa e 2002-2003 Monthly Maintenance was added to "Schedule A" to allow the change in the following paragraph. This change is to encourage proactive efficiency maintenance. EXHIBIT 2 The CITY and GDAC do hereby further AGREE as follows: a. The CITY shall pay, on behalf of GDAC, the amount estimated upon the current usage consumption estimates based upon the estimates set forth above. The estimates have been adjusted to include the drainage utility that is a new utility charge added subsequent to the date of the Third Amendment. This addition further reflects the original intent of the Agreement, which included all utilities in existence at the time of commencement. In the event other utilities are added to the GDAC Theater, the City Manager is authorized to meet with GDAC and determine eligibility for inclusion to this Agreement. b. The CITY shall pay directly on the City of Denton utility accounts, on behalf of GDAC. As of October 1, 2005, the City of Denton utility account will be set up for budget billing, and the monthly budget billing amount will reflect the estimated monthly maximum of the City of Denton utility usage at the current rates. The CITY will provide both GDAC and Denton Community Theater (hereafter "DCT") with access to the actual monthly usage and billing to allow for monitoring of usage compared to the estimate. C. The $5,000 per year maintenance amount will be paid out on a "reimbursement" basis as described in Paragraph UI.B "Other Payments." However, any remaining amounts as of the meeting scheduled for August 20, 2005, as noted in the subsequent paragraph, will be considered as a part of the "settle-up" amount. d. GDAC shall be responsible for the monthly gas payment. The invoices will be submitted to the CITY for reimbursement at least annually, and not later than August 10th, as required in the following paragraph. e. Commencing in August 2005, and on or before August 10th of each subsequent year that this Fourth Amendment is in force and effect, GDAC will provide detailed gas invoices to the CITY to be included in the "settle-up" calculations. On or before August 20th of each year that this Fourth Amendment is in force and effect, the CITY will meet with GDAC and DCT to discuss the actual usage and cost of services, and to review the probable settlement amounts that will occur with the September billing for that year. It is agreed by CITY and GDAC that any remaining amounts will be paid to GDAC for reimbursement of the remaining gas payments and/or reimbursement or retention for facility maintenance purposes, with the exception of those outlined in paragraph III.B. "Other Payments," for the building at 200 (now 214) West Hickory, Denton, Texas. £ The City Manager is authorized to adjust the above stated usage estimates every three (3) years based upon the prior two-year actual consumption. The CITY will continue to conduct a usage audit every three (3) years, or upon the written request by GDAC to assist in the goal of striving for usage efficiency. g. GDAC shall comply with all applicable federal, state and local laws, rules and regulations. EXECUTED this the day of , 2005. "CITY" CITY OF DENTON, TEXAS By: Michael A. Conduff City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY By: "GDAC" GREATER DENTON ARTS COUNCIL By: ATTEST: By S:1Our Documents\Contracts10516reater Denton Arts Council-Fourth Amendment to Agreement.doc AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2005 DEPARTMENT: Economic Development ACM: Mike Conduff, City Manager Joft SUBJECT Consider approval to reallocate 1996 Capital Improvement Program funds previously dedicated to entranceways and wayfinding signs for the construction of an entranceway wall. BACKGROUND Our economic development agreement with the developers of Unicorn Lake required the developers to construct Unicorn Lake Boulevard, connecting Wind River to State School Road. In order to obtain a portion of the right-of-way necessary to construct the road, the City purchased a tract of land from the Denton State School. The State School requested, as a condition of the sale, that a wall be constructed along the proposed road for the safety of the residents as well as a visual barrier to the adjoining State School property. Originally, North Central Texas Council of Governments (NCTCOG) grant funds were to be dedicated to the construction of the road. However, the plan was amended in order to accelerate the construction of the road. Although the Unicorn Lake developers were required to build the entire road, additional improvements, such as the wall, sidewalks, street trees, and landscaping for the section owned by the City (the property purchased from the State School) were to be funded through the grant. As staff began to work through the paperwork for the grant project, we learned that plans for any improvements under the grant would need to be approved by NCTCOG, the local and state TxDOT offices and the federal Highway Department. This lengthy approval process pushes our estimated completion date for the wall out to at least one year, probably a little longer. When Unicorn Lake Boulevard was completed, the State School agreed to allow the road to open with an understanding that the wall would be constructed soon. The State School officials feel the one-year estimate is too long and have asked that we honor our contract agreement and build the wall as soon as possible. Staff has identified possible funding for this project and is recommending the City Council approve the use of unused 1996 bond funds to build the wall. In the 1996 bond election, $250,000 was allocated to construct five entranceway signs at key entranceways into the city. It was later determined that the cost to construct just one of the proposed signs exceeded the entire allocation. In June 2004, the City Council approved a plan to install wayfinding signs as called for in the Downtown Master Plan using the -1- entranceway sign money. The wayfinding signs have been installed leaving a balance of approximately $197,000. The cost of the wall is estimated at $100,000. Since the wall is located at an entranceway to a major development where the City is encouraging development, staff believes the allocation to be appropriate. The question was raised as to our ability to reimburse this account with grant funds once the project has completed the review and approval process. We cannot. All design and construction must be approved prior to expending grant funds and work performed prior to approval is not eligible for reimbursement. However, the grant money currently designated to construct the wall can be used for park improvements for the development. The Parks & Recreation Department is in need of funds for this project, so the City would still be taking full advantage of the grant funds. ESTIMATED SCHEDULE OF PROJECT If approved, the bid process could begin within a few weeks and construction of the wall could begin within 90 days. PRIOR ACTION/REVIEW The Oversight Committee established for the 1996 bond funds has been disbanded. Reallocation of these funds requires the approval of the City Council. FISCAL INFORMATION The estimated cost to construct the wall is $100,000. Respectfully submitted: Linda Ratliff, Director Economic Development Department -2- CITY OF DENTON CITY COUNCIL MINUTES June 7, 2005 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, June 7, 2005 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Pro Tern McNeill; Council Members Montgomery, Mulroy, and Thomson. ABSENT: Mayor Brock; Council Members Kamp and Redmon. 1. The Council received a report, held a discussion and gave staff direction regarding the Quarterly Review, Development Code amendments, and priorities. Kelly Carpenter, Director of Planning and Development Services, reviewed the prior process regarding the review and suggested this be a time for discussion on the proposed amendments and priorities. Council discussion included: A suggestion was made for a twice a year review instead of the current quarterly review. Consensus of the Council was that at this point in time, the quarterly review should remain until the process was smoother. What had held up some of the proposed changes - changes in staff resulted in not enough time to do the research needed for the changes. Carpenter indicated that development review staff had been assigned to review the proposed changes/clarifications and should be coming to Council in late August. Council Member Kamp joined the meeting. Council continued discussion on when certain topics would be considered. Council Member Redmon joined the meeting. Council discussion continued: Consider developing a matrix with the issues listed and completed items shaded for easy clarification. Also develop a reasonable time line to wrap up all the items. Infill standards might not be able to meet all of the requirements of the Development Code and still meet the timeline for federal requirements for grant dollars. Mapping issues were still a concern. One area was East McKinney Street but mapping issues were not considered a high priority at this point in time. Another meeting with the Planning and Zoning Commission might be beneficial but before the meeting consider categorizing the issues with a high, medium and low priority and complete a timeline first with 12-18 months to complete and then proceed with a possible meeting. City of Denton City Council Minutes June 7, 2005 Page 2 Consider setting up the report information for the next quarterly review with the completed items first, high priority at the bottom and the others in between. 2. The Council received a report, held a discussion and gave staff direction concerning the adoption of an ordinance amending Ordinance Nos. 2004-182 and 2004-298 and Section 2-29 of the City Code relating to Rules of Procedure for the City Council of the City of Denton, Texas; by changing the requirements for the City Secretary to keep minutes of meetings and certified agenda to comply with the Texas Open Meetings Act; and repealing and consolidating Ordinances 2004-182 and 2004-298; providing the severability clause; and declaring an effective date. Ed Snyder, Interim City Attorney, stated that an amendment to the Council rules required a work session discussion prior to approval. The proposed ordinance consolidated prior changes in the rules, compiling them in one ordinance. Under the current Council rules, the Chair of the meeting was required to keep a certified agenda for all Closed Session items. State regulations did not require a certified agenda for attorney consultation. This amendment would clarify the Council's rules to keep in line with state regulations. Consensus of the Council was to proceed with the proposed revisions with revised wording for inclusion of permanent committees. 3. The Council received a report, continued discussion and gave staff direction concerning proposed policy recommendations for regulating and enforcing extended stay hotel/motel facilities. Kelly Carpenter, Director of Planning and Development Services, stated that Council had requested staff to prepare an outline of proposed amendments with regards to land use and taxation issues. Staff was requested to prepare an outline of proposed amendments to the development code to specifically regulate extended stay facilities and identify enforcement problems/issues encountered by other communities with extended stay hotel/motel facilities regulations. Staff had provided a set of possible amendments to the development code and practices from other communities for Council review. Recommended amendments to the regulations would amend the definitions of bed and breakfast, hotels, motels and extended stay facilities to treat extended stay facility uses differently from other hotel and motel uses, allow extended stay hotel/motels with an SUP and only in specific zoning districts and establish criteria for the Planning and Zoning Commission and City Council to consider in determining the appropriateness of extended stay/suite hotels. Council discussion included: Regulate new construction rather than deal with existing properties. Review definitions of bed/breakfast in regards to owner occupied facilities. Consensus of the Council was to draft the proposed regulations for the Planning and Zoning Commission to consider after August and bring to the Council in the fall. City of Denton City Council Minutes June 7, 2005 Page 3 4. The Council received a report, held a discussion and gave staff direction regarding the selection of delinquent tax attorneys. City Manager Conduff indicated that a request for proposal for the collection of delinquent taxes had been sent to prospective bidders. A selection committee reviewed the responses and made a recommendation for Council consideration. Council would make the final decision on the awarding of the contract. Diana Ortiz, Director of Fiscal Services, reviewed the history of the awarding of these contracts and what the contract involved. The selection committee was composed of five members who reviewed the submitted proposals, heard presentations from each firm and individually ranked each firm's criteria. Each committee member's individual ranking was complied for a quantified selection format and sorted to provide the top qualified firms. Discussion by Council included: How were the percentage points set for the various performance categories? Input from the different qualified firms was averaged to those levels to determine the percentage. Most of the firms listed all key staff but one firm only listed assistants. That was data provided by the firms. The determination of what constituted an actual Denton office or the functional equivalent. Equivalents of the various firms in terms of technology requirements and access to those resources and professional services and the fact that if 3% were added for a local preference, the ranking would be changed. Local firms should receive a preference. The committee agreed with that concept but the additional offers from one of the firms moved it to the top choice. Council's job was to weigh the qualifications and insert judgment on some of the subjective issues such as a local preference to keep dollars here. Following completion of discussion, the consensus of the Council was to go with the local firm and award the contract to Sawko and Burroughs. 5. The Council received a report, held a discussion and gave staff direction regarding the selection of an architect for the design and construction of Fire Station #7 as well as a master plan for a Public Safety Training Facility. Ross Chadwick, Fire Chief, presented the staff report. He indicated that the design of Fire Station #7 was not the difficult part of the project to design. The critical part was the master plan for the public safety training facility. He presented information on the selection committee and how the scope of services was determined. Eleven firms submitted proposals and the list was narrowed to six firms to interview. He reviewed the interview rating sheet used for each firm. After the interviews, the firms were narrowed to the top three with the PGAL and Kirkpatrick City of Denton City Council Minutes June 7, 2005 Page 4 firms being selected as the number one and number two firms. The PGAL team had already built projects together, the Kirkpatrick had not. Based on the committee's recommendation, staff was ready to start negotiations with PGAL with timing being critical for the projects. Council discussion included: Were some of the consultants with Kirkpatrick and PGAL the same? No and there was a concern that the lead person for the Kirkpatrick firm would not be on site very much as he had many other projects to manage. There was a history of previous performance already from the local firm. Was PGAL headquartered in Dallas? Yes and was seen as the best selection for green building standards. The firm had already contacted UNT to assist with the environmental portion of the project. Did all the PGAL projects look the same? No PGAL had received the highest ranking on creativity and had done things in their buildings that others had not done. How did the two firms compare in regards to environmental issues? PGAL was known for thinking out of the box. The Kirkpatrick firm had only one environmentally certified intern while PGAL had three lead persons in environmental design. Statistically there was a very small difference between the firms and if 3% were applied for a preference for a local firm, the Kirkpatrick firm would be ranked first. Consensus of the Council was to award the contract to the Kirkpatrick firm. 6. The Council received a report, held a discussion and gave staff direction on a railroad crossing for proposed Vintage Parkway, the closing of other crossings, and the annexation of certain tracts of land in the eastern area of the City of Denton's extraterritorial jurisdiction located near the intersection of Collins and Mingo Road, between Angus and Fishtrap Roads, comprising approximately 160 acres. Jim Coulter, Director of Water/Wastewater Services, stated that Ash Grove Cement Company was proposing to locate a cement transfer facility on Mingo road, just outside of Denton's city limits. The facility would receive bulk cement by rail, off load it, convey it to cement silos and then load it into cement trucks. An additional consideration for the area was the current railroad crossing. Coulter presented information on timelines for Vintage Parkway. A decision was needed on which crossing to close. The Railroad would like to close the Collins crossing. If the City were successful in getting that crossing closed, the Railroad would give a one-to-one exchange. Normally the Railroad wanted a 3-1 closure. The decision would be to close Collins at a one-to-one ratio or close Daugherty and Mockingbird in town for the Collins crossing. As Collins was outside the city limits, the Mayor spoke with County Commissioner White but to date had not been successful in getting a recommendation to close that crossing. The Council's Mobility Committee would be investigating the proposed annexation with that crossing and bring information to Council for consideration. City of Denton City Council Minutes June 7, 2005 Page 5 Consensus of the Council was to proceed with the annexation process of the area. 7. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the regular meeting of June 7, 2005. Following the completion of the Work Session, the City Council did not convene in a Closed Meeting to consider the item listed below. 1. Closed Meeting: A. DELIBERATIONS REGARDING REAL PROPERTY Under Texas Government Code §551.072 and CONSULTATION WITH ATTORNEY Under Texas Government Code §551.071 1. Receive a confidential presentation by staff dealing with the Foxworth- Galbraith Lumber Company easement purchase agreement; which transaction is associated with the Loop 288 Utility Relocation Project being a 0.630 acre and 0.779 acre of land located in the M.E.P. and P.R.R. Survey Abstract Number 927, and consultation with the City Attorney regarding legal issues associated with the purchase in which his professional responsibility to the City Council requires private legal consultation. Regular Meeting of the City of Denton City Council on Tuesday, June 7, 2005 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor Pro Tern McNeill presented a proclamation for Commute Solutions Season. B. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments to the Council. 3. CONSENT AGENDA Montgomery motioned, Mulroy seconded to approve the Consent Agenda as presented and the accompanying ordinances and resolutions. City of Denton City Council Minutes June 7, 2005 Page 6 Mayor Pro Tern McNeill indicated that a Speaker Card had been received for Item 3E. Dessie Goodson, 1511 North Elm, Denton, 76201, questioned why a public hearing was not held on this item as per her understanding it was a federal requirement. She also understood that the buses would be purchased by the City and given to the DCTA which was also not allowed. On roll vote to approve the Consent Agenda, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. A. Approved the minutes of: May 2, 2005 May 3, 2005 May 9, 2005 May 17, 2005 May 24, 2005 B. R2005-023 - A resolution nominating a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. C. R2005-024 - A resolution of the City of Denton, Texas, approving the 2006 Budget of the Denton Central Appraisal District; and providing an effective date. D. 2005-151 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a McCloskey 628 RE Portable Screen by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3338 - Screener for Beneficial Reuse Division awarded to McCourt and Sons Equipment, Inc. in the amount of $242,676). The Public Utilities Board recommended approval (7-0). E. 2005-152 - An ordinance of the City of Denton, Texas approving the Addendum A to the Interlocal Cooperation Agreement between the City of Denton and the Denton County Transportation Authority providing Link operations funding for fiscal year 2004-2005; and providing an effective date. F. 2005-153 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a First Amendment to agreement for Professional Legal Services with the firm of Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C. for legal services pertaining to continuation of representation of the City before the Public Utility Commission of Texas, in connection with its Transmission Cost of Service Case; authorizing the expenditure of funds therefor; providing for retroactive effect of the agreement; and providing an effective date. The Public Utilities Board recommended approval (7-0). G. 2005-154 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager or his designee to execute a Quit Claim Deed to convey approximately 0.71 acres to Lexington Park (Denton) Homeowners Association, said 0.71 acres being situated in the E. Pickett Survey, Abstract No. City of Denton City Council Minutes June 7, 2005 Page 7 1018, in the City of Denton, Denton County, Texas, and being Block A, Lot 23, of Chaucer Estates, Phase 1, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet Q, Page 267 of the Plat Records of Denton County, Texas, and providing an effective date. (Hemmingway Street - Chaucer Estates Subdivision) H. 2005-155 - An ordinance to purchase approximately 0.630 acre of land for Public Utility Easement and approximately 0.779 acre of land for Temporary Construction Easement and Sign Improvements between the City of Denton and Foxworth-Galbraith Lumber Company, located in the M.E.P.& P.R.R. Survey Abstract Number 927, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. (Loop 288 Utility Relocation Project) 1. Approved tax refunds for the following property taxes: Name Reason year Amount I . Centex Homes Duplicate Payment 2004 $4,3 5 0.2 4 2. Denton Mall Co LP Duplicate Payment 2004 $515.03 3. Stapler, Jane Duplicate Payment 2004 $53220 4. Stewart Title Ha-er, Stacy Ov- erpayment 2004 $543.13 5. Wells Fars(yo Dek ado, Duplicate Payment 2003 $739.47 Jorge 6. Wilson, Rosalyn Duplicate Payment 2003 $949.04 J. 2005-156 - An ordinance of the City of Denton, Texas, on second reading, amending Ordinance No. 2003-239 and Ordinance No. 99-094, which granted a cable television franchise within the City; providing for an extension to the term of the franchise agreement between Marcus Cable Associates, L.L.C., dba Charter Communications and the City, providing for acceptance of the extension by Marcus Cable Associates, L.L.C., dba Charter Communications, providing a cumulative clause; providing for a savings clause; providing a severability clause; providing for engrossment and enrollment; and providing an effective date. K. Approved a request for an exception to the Noise Ordinance for the purpose of playing music and operating a public address system at Fred Moore Park during the Juneteenth Celebration on June 17, 2005 from 6:00 p.m. until 11:00 p.m. and on Saturday, June 18th from 11:00 a.m. until 12:00 p.m. The request is for an exception to the hours of operation from 10:00 p.m. until 11:00 p.m. and 12:00 p.m. 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City of Denton, Texas, providing for an amendment to Chapter 2, Article V Library, Section 2.157 of the Code of Ordinances of the City of Denton, Texas, to require the payment of an annual fee for nonresidents for a library card; providing a severability clause; providing for a savings clause; and providing an effective date. City of Denton City Council Minutes June 7, 2005 Page 8 Eva Poole, Director of Libraries, presented information on the County's continued decline in funding over the years. Currently residents of Denton subsidized library services to out-of-city users. If the city accepted any funding from the County, the Library must provide a full array of library services to all county residents who live outside the city limits. The Library Board recommended that the City not accept County funding and charge an annual fee of $50 per household to nonresidents who wish to obtain a library card with unlimited borrowing privileges. City employees and non-residents who own property within the city limits would be eligible to obtain a library card free of charge. Speaker cards were received from: Dessie Goodson - opposed to the implementation of the non-resident fee Damon Wadyko - opposed to the implementation of the non-resident fee The following ordinance was considered: NO. 2005-157 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO CHAPTER 2, ARTICLE V LIBRARY, SECTION 2.157 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO REQUIRE THE PAYMENT OF AN ANNUAL FEE FOR NONRESIDENTS FOR A LIBRARY CARD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to adopt the ordinance as presented. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", and Thomson "aye". Motion carried unanimously. B. The Council considered approval of a resolution of the City Council of the City of Denton, Texas approving low-moderate income housing tax credits and tax exempt bonds provided by the Texas Department of Housing and Community Affairs for Providence Place II, a multi-family development generally located in the 3500 Block of Hudsonwood Drive in the City of Denton, Texas; and providing an effective date. Kelly Carpenter, Director of Planning and Development, stated that Providence Realty was requesting that the City approve a resolution expressing the City's approval of its tax-exempt bond and 4% tax credit project for the Providence Place 11. Council has had prior discussion on this request. Speaker comments on the proposal: Mark Miller and Matt Harris, Provident Realty, requested approval of the proposal. Alan Bussell, 1621 Amanda Court, Ponder, 76209 - in favor of the request The following resolution was considered: City of Denton City Council Minutes June 7, 2005 Page 9 NO. R2005-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING LOW-MODERATE INCOME HOUSING TAX CREDITS AND TAX EXEMPT BONDS PROVIDED BY THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR PROVIDENCE PLACE 11, A MULTI-FAMILY DEVELOPMENT GENERALLY LOCATED IN THE 3500 BLOCK OF HUDSONWOOD DRIVE IN THE CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to approve the resolution. On roll vote, Kamp "nay", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "nay", and Thomson "aye". Motion carried with a 4-2 vote. C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Ed Soph regarding Eureka! Playground. Mr. Soph presented information regarding the playground equipment at Eureka! Playground and the leaking of arsenic from the treated wood. He urged the Council to close the playground and replace all of the treated wood. B. Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present. C. Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present. D. Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth was not present. E. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth stated that he was disappointed with some of the actions that council had taken but he would move on from them. He was still disappointed that there were no African American firefighters in Denton. F. Dessie Goodson regarding responsibility. Ms. Goodson indicated that she would like to see more ordinances published in the newspaper. She also presented comments on her utility bill and the due dates. City of Denton City Council Minutes June 7, 2005 Page 10 D. New Business The following items of New Business were suggested by Council for future agendas: 1. Mayor Pro Tem McNeill requested a report on the County's proposal for touch screen voting machines. 2. Mayor Pro Tem McNeill requested a report on why the DISD changed out their wooden playground equipment. E. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff indicated that this was Council Member Redmon's last full official meeting. F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of a Closed Meeting. G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 8:00 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES June 14, 2005 After determining that a quorum was present, the City Council convened in a 2nd Tuesday Session on Tuesday, June 14, 2005 at 4:00 p.m. in the City Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tern McNeill; Council Members Kamp, Montgomery, Mulroy, Redmon and Thomson. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction on the contract with Freese & Nichols, Inc. concerning the engineering review in the Development Review Process and associated fees. City Manager Conduff stated that this was another step in the process of reorganizing the Engineering Department as outlined to Council several weeks ago. It was proposed that the engineering development review process be outsourced and he reviewed the process of how a qualified firm was chosen. Kelly Carpenter, Director of Planning and Development, stated that the outsourcing would allow for streamlining of the department and change a mind set in the engineering functions. It was proposed to contract with Freese and Nichols. Council asked for a review of the evaluation of the firms. Carpenter replied that the proposal first addressed reoccurring tasks such as availability in the city for 19 hours a week, attending meetings, attending Planning and Zoning Commission meetings if necessary and second addressed the actual fees for development review. It was determined that an hourly rate contract for review of plats would not be successful. The proposal by Freese and Nichols was tied to the number of plats in a subdivision. Additional fees were proposed for work above and beyond plats such as additional reviews for projects. Each project would receive two reviews for the initial fee. She reviewed the rate of the fee with the number of types of review. Options for cost recovery included partial recovery, total recovery, or partial with some portion of recurring costs passed on to developers. Outstanding issues to consider included: (1) Was there an expectation by Council that development pay its own way so that there was total cost recovery built into the fee structure? (2) Should the community subsidize the proposed fees to the development community? Alternatively said, what level of economic development incentive, if any, did the Council want associated with land development? (3) Should the recurring costs proposed under the contract be renegotiated with fewer or revised services? (4) Should the recurring costs be rolled into the fee schedule instead of remaining free standing? Council discussion points included: Part of the challenge was the development. What did the development provide the city and how much should citizens subsidize that. Should the developments be subsidized at the same level? Some developments were perceived good for the community and others that might not be as valuable for the community. Should they be subsidized at the same level? City of Denton City Council Minutes June 14, 2005 Page 2 Make the process adaptable in order to achieve the first goal to have development pay its own way. Make a decision on whether or not to be totally self funded, then determine where to put the costs. If outsourcing were used, the cost would more than doubled what people were accustomed to paying. The general perception of outsourcing had been met with good acceptance from the developers. Consensus of Council was to keep the costs at a 2% review charge with a schedule of rates; clarify the Code in terms of titles and how appeals would be processed. The process would be reviewed in a year for potential amendments. 2. The Council received a report, held a discussion and gave staff direction regarding rental property inspections and other rental property concerns. Rick Jones, Fire Marshal, presented current regulations for building and occupancy of rental properties. Single-family and multi-family dwellings were inspected through the plan review and permit process when constructed. After construction and final inspections were completed for single-family dwellings, the structure was released to its owner or occupant. Usually no additional inspections were made unless a complaint was received. Multi-family rental properties included apartments, boarding houses, and dormitory occupancies. These structures were inspected through the plan review and permit process and also inspected on an annual basis by fire inspectors. These occupancies were tied to their Certificates of Occupancy that could be revoked if code violations were persistent. Each time a multi-family occupancy had a change in ownership or was remodeled, they were required to renew their Certificates of Occupancy that generated another inspection from building and fire inspectors. Single-family units did not receive such inspections once the final inspection was completed. Multi-family rental properties could be covered by a rental property registration program. Each time an occupant vacated his apartment, the apartment owner had to arrange for an inspection prior to the new tenant moving in. This would mitigate issues associated with multi-family properties. Adopting the Rental Property Registration Program along with the International Property Maintenance Code would provide a minimum level of health and safety and allow the Code Official to keep existing structures and premises within a reasonable degree of life safety. Council discussed the aspects of rental property concerns in terms of number of unrelated people living in one unit, the number of square feet required by the Building Code per person, and the fact that working on a complaint-by-complaint basis was difficult. Jones indicated that it was difficult to determine residency just on the basis of cars parked outside a single-family home as there were factors that had to be considered such as determining who parked the car, etc. City of Denton City Council Minutes June 14, 2005 Page 3 Alice Gore of the Denia Neighborhood area and Cheryl Ellis of the Emery Street area presented information on their neighborhoods and asked for help with the conditions in the neighborhoods. Consensus of the Council was to create a task force with members from Code Enforcement, Building Inspections and neighbors to develop a proposal to Council on how to work with the problem and to consider creative ideas on how to solve the issue. Components of the proposal would be considered during the budget process. 3. The Council discussed the nomination process for the City's Boards and Commissions. Jennifer Walters, City Secretary, indicated that staff would be preparing notebooks on the boards and commissions information to be presented to Council on June 24th. Council was asked during the break to gather nominations and submit them to her to compile for a luncheon in mid-July. Council consensus was that nominations would be discussed at a July 18th luncheon. With no further business, the meeting was adjourned at 6:30 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES June 21, 2005 The City of Denton City Council convened in the Work Session Room on Tuesday, June 21, 2005 at 5:45 p.m. to attend a reception honoring City Council. After determining that a quorum was present, the City Council convened in a Regular Meeting on Tuesday, June 21, 2005 at 6:30 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery, Mulroy, and Thomson. ABSENT: Council Member Redmon 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. The Council considered adoption of an ordinance canvassing the returns and declaring the results of the Runoff Municipal Election held in the City of Denton on June 11, 2005; and providing an effective date. Jennifer Walters, City Secretary, presented the final figures for the election. The following ordinance was considered: NO. 2005-158 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE RUNOFF MUNICIPAL ELECTION HELD IN THE CITY OF DENTON ON JUNE 11, 2005; AND PROVIDING AN EFFECTIVE DATE. Montgomery motioned, Mulroy seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 3. Election of Mayor Pro Tem. Montgomery motioned, Kamp seconded to nominate Perry McNeill as Mayor Pro Tem. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 4. The Council was to consider approval of a Resolution of Appreciation for Council. This item was not considered. 5. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards There were no proclamations/awards presented at this meeting. City of Denton City Council Minutes June 21, 2005 Page 2 B. June Yard-of-the-Month Awards Mayor Brock presented the June Yard of the Month Awards to: Billie Suthard Jim and Brenda Brosch Becky and Joe Pickle Joe Rozell Don and Imogene Wier Jeff and Cheryl Crouch - Watersmart Yard Adams Exterminating Company - Business C. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments. 6. CONSENT AGENDA Mulroy motioned, McNeill seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. A. 2005-159 - An ordinance accepting competitive bids and awarding a two year contract for the purchase of water meters for the City of Denton Water Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3311 - Two Year Contract for Water Meter Inventory awarded to the lowest responsible bidder for each item in the annual estimated amount of $100,000). The Public Utilities Board recommended approval (3-0). B. 2005-160 - An ordinance accepting competitive bids and awarding a two year contract for the purchase of electric meters, CTs, and meter sockets for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3332 - Two Year Contract for Electric Meters, CTs and Meter Sockets awarded to the lowest responsible bidder for each item in the annual estimated amount of $186,000). The Public Utilities Board recommended approval (3-0). C. 2005-161 - An ordinance accepting competitive bids and awarding a three year contract for the purchase of wood utility poles for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3342 - Three Year Agreement for Wood Utility Poles awarded to the lowest responsible bidder for each item in the annual estimated amount of $160,000). The Public Utilities Board recommended approval (3-0). D. 2005-162 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of 35, 65 and 95 gallon refuse carts for the City of Denton Solid Waste Department by way of an Interlocal Agreement City of Denton City Council Minutes June 21, 2005 Page 3 with the City of Denton; and providing an effective date (File 3350 - Purchase of Refuse Carts in the current estimated amount of $30,000). The Public Utilities Board recommended approval (3-0). E. 2005-163 - An ordinance to the City of Denton, Texas authorizing the City Manager to execute a professional services agreement between the City of Denton and KPMG, L.L.P for independent audits; authorizing the expenditure of funds; and providing an effective date (RFSP 3325 - Audit Services awarded to KPMG, L.L.P in the not to exceed amount of $105,850 for 2005, $105,200 for 2006 and $110,225 for 2007. Fees for 2008 and 2009 will be based upon the Consumer Price Index for the Dallas Metroplex). F. 2005-164 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with Sawko & Burroughs LLP for professional services related to collection of delinquent taxes on behalf of the City of Denton; authorizing the expenditure of funds therefor; and establishing an effective date. G. 2005-165 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of a four channel addition to the Smartnet Radio System from Motorola, which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 3349 - Addition to Smartnet Radio System in the amount of $37,526). The Public Utilities Board recommended approval (3-0). H. 2005-166 - An ordinance accepting competitive bids and awarding a contract for the purchase of two Type III Transit Buses; providing for the expenditure of funds therefor; and providing an effective date (Bid 3336 - Type III Transit Buses awarded to Lasseter Bus Company Inc. in the amount of $128,170). 1. 2005-167 - An ordinance of the City Council of the City of Denton, Texas approving an Amendment to that agreement between the City of Denton and the Denton Affordable Housing Corporation; authorizing the City Manager to execute the Amendment and to expend funds with respect to the Amendment; and providing for an effective date. J. 2005-168 - An ordinance of the City of Denton, Texas terminating that certain airport lease dated September 7, 2004, by and between the City of Denton, Texas and Denton Airport Hangars, LLC; authorizing the City Attorney or his designee to take appropriate action, if necessary, to effectuate the termination; and providing for an effective date. The Airport Advisory Board recommended approval (7-0). K. This item has been pulled from consideration. L. 2005-169 - An ordinance approving a commercial operator airport lease agreement between the City of Denton, Texas and NTDenton Leasing, Inc. on City of Denton City Council Minutes June 21, 2005 Page 4 approximately 1.033 acre of land at the Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommended approval (7-0). M. 2005-170 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with United States Right of Way Acquisition Company, Inc., for professional services pertaining to acquisition of right-of-way real property for the City regarding the construction of the Clear Creek Interceptor Sewer Line; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (3-0). N. 2005-171 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with R. J. Covington Consulting, LLC for consulting services relating to Task Order No. 05-D; providing for continued support and assistance to Denton Municipal Electric Staff in addressing issues associated with the Texas Nodal Team Process to Implement a Nodal Market Redesign in the Texas Electric Market; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (3-0). 0. 2005-172 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with R. J. Covington Consulting, LLC for consulting services relating to Task Order No. 05-E; providing for continued support and assistance to Denton Municipal Electric Staff as they address continuing changes to the electric industry as a result of changes initiated at both the Public Utilities Commission of Texas and the Electric Reliability Council of Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (3-0). P. 2005-173 - An ordinance of the City of Denton, Texas, amending Chapter 18 of the Code of Ordinances by adding Section 18-73; altering the prima facie speed limits established for vehicles under the provision of Transportation Code, Section 545.356, upon the following roadways or parts thereof, within the incorporated limits of the City of Denton; providing a penalty not to exceed $200.00 unless the violation occurs in a work zone and then the penalty shall not exceed $400.00; providing a severability clause; providing a repealing clause; providing for publication; and declaring an effective date. Q. R2005-026 - A resolution approving the fiscal year 2006 Financial Plan of the Denco Area 9-1-1 District, pursuant to the Texas Health and Safety Code, Chapter 772, as amended; and providing an effective date. R. 2005-174 - An ordinance amending Ordinance Nos. 2004-182 and 2004-298 and Section 2-29 of the City Code relating to Rules of Procedure for the City Council of the City of Denton, Texas; by changing the requirements for the City Secretary to keep minutes of meetings and certified agendas to comply with the Texas Open Meetings Act; certain revisions regarding Council committees and repealing and City of Denton City Council Minutes June 21, 2005 Page 5 consolidating Ordinances 2004-182 and 2004-298; providing a severability clause; and declaring an effective date. 7. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance granting approval of a license agreement for the subsurface use of a portion of the Airport Open Space Park approximately 579 feet for the purpose of a natural gas pipeline in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of license; and providing an effective date. The Parks, Recreation and Beautification Board recommended approval (6-0). Bob Tickner, Superintendent of Parks, stated that the Park Board had received a request to use a portion of the Airport Open Space Park for a natural gas pipeline. The Texas Parks and Wildlife Code required a public hearing for any non-park use for this property. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-175 AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR THE SUBSURFACE USE OF A PORTION OF THE AIRPORT OPEN SPACE PARK APPROXIMATELY 579 FEET FOR THE PURPOSE OF A NATURAL GAS PIPELINE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF LICENSE; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, McNeill motioned to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance approving an amendment to Subchapter 14 (Parking Standards) of the Development Code related to parking requirements for medical facilities. The Planning and Zoning Commission recommended approval (6-0). (DCA05-0002, Medical Parking) Kelly Carpenter, Director of Planning and Development Services, stated that at the April 13th Planning and Zoning Commission meeting an individual spoke about parking requirements for medical facilities. Staff researched the standards from other cities on such requirements. The Planning and Zoning Commission had recommended approval of the proposed requirements even though they did not meet the standards of lower parking. More available non-pervious parking was needed at medical facilities The Mayor opened the public hearing. City of Denton City Council Minutes June 21, 2005 Page 6 No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-176 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 14 OF THE DENTON DEVELOPMENT CODE PERTAINING TO THE NUMBER OF PARKING SPACES REQUIRED FOR MEDICAL AND DENTAL USES, PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (DCA05-0002) Mulroy motioned, Thomson seconded to adopt the ordinance as presented. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance approving a zoning change for 2.3 acres from Employment Center - Industrial (EC-1) to Employment Center-Commercial (EC-C). The property was generally located at 2001 Fort Worth Drive. The Planning and Zoning Commission recommended approval (6-0). (Z05-0005, 2001 Fort Worth Drive) Kelly Carpenter, Director of Planning and Development Services, stated that the zoning change was being requested so that retail uses could be developed on the site. The Planning and Zoning Commission recommended approval. The Mayor opened the public hearing. The following individual spoke during the public hearing: Don Fraizer, representing the applicant, would answer any questions. The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-177 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM THE EMPLOYMENT CENTER INDUSTRIAL (EC-1) ZONING DISTRICT TO THE EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT FOR APPROXIMATELY 2.3 ACRES OF LAND LOCATED AT 2001 FORT WORTH DRIVE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0005) City of Denton City Council Minutes June 21, 2005 Page 7 Mulroy motioned, McNeill seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "nay". Motion carried with a 5-1 vote. D. The Council held a public hearing and considered adoption of an ordinance approving a zoning change for 2.456 acres from Regional Center Residential - (RCR-1) to Regional Center Commercial - Downtown (RCC-D). The property is generally located east of the intersection of Pockrus Page Road and I-35E Frontage Road. The Planning and Zoning Commission recommended approval (6-0). (Z05-0008, Pockrus Page and I-35E) Kelly Carpenter, Director of Planning and Development Services, stated that this site was zoned agricultural at the time the new zoning map was being put in place. All agricultural property at that time was considered for zoning with the lowest zoning designation in order to bring it in the new designation. From agriculture, the lowest designation was RCR-1. The property currently was surrounded by RCC zoning except for a mobile home park on the east side of the property. The intended use of the property was RV sales. The Mayor opened the public hearing. Gerald Yelson spoke in favor. The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-178 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM THE REGIONAL CENTER RESIDENTIAL 1 (RCR-1) ZONING DISTRICT TO THE REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT FOR APPROXIMATELY 2.456 ACRES OF LAND LOCATED ON POCKRUS PAGE ROAD APPROXIMATELY 700 FEET EAST OF THE FRONTAGE ROAD OFF INTERSTATE 35E, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND EFFECTIVE DATE. (Z05-0008) Mulroy motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "nay". Motion carried with a 5-1 vote. 8. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City of Denton authorizing the City Manager to enter into a development agreement between the City of Denton and Nicosia & 77, L.P. for the dedication of parkland, the refund of parkland dedication fees paid in lieu of land dedication at the North Pointe Subdivision and reimbursement of park City of Denton City Council Minutes June 21, 2005 Page 8 development fees for the construction of a neighborhood park; authorizing the expenditure of funds; and providing an effective date. The Parks, Recreation and Beautification Board recommended approval (6-0). Bob Tickner, Superintendent of Parks, stated that this proposal would incorporate a development agreement for dedication of parkland for a neighborhood park. The proposal would also refund park fees in lieu of the dedication and reimburse expenses for the value put in for development of the park in the Northpoint Subdivision. The following ordinance was considered: NO. 2005-179 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DENTON AND NICOSIA & 77, L.P. FOR THE DEDICATION OF PARKLAND, THE REFUND OF PARKLAND DEDICATION FEES PAID IN LIEU OF LAND DEDICATION AT THE NORTH POINTE SUBDIVISION AND REIMBURSEMENT OF PARK DEVELOPMENT FEES FOR THE CONSTRUCTION OF A NEIGHBORHOOD PARK; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council considered approval of a resolution adopting the Intelligent Transportation System (ITS) Study conducted by Bruce Abernathy, Consultant. Bruce Abernathy, Intelligent Transportation System, presented the highlights of the system. He stated that the function of ITS was to improve the efficiency and safety of travel on arterial corridors by travelers whether a private traveler using a personal vehicle, a commercial traveler or a traveler using public transportation. Willie Hudspeth expressed concern about money being spent. He felt the money for the contract could have been used in a different manner to try and save jobs. He hoped that this was a fully funded program and would not take money away from workers. He suggested the City look at the corner of McKinney and Woodrow for traffic safety for pedestrians. The following resolution was considered: NO. R2005-027 A RESOLUTION ADOPTING THE INTELLIGENT TRANSPORTATION SYSTEM (ITS) STUDY CONDUCTED BY BRUCE ABERNATHY, CONSULTANT. McNeill motioned, Thomson seconded to approve the resolution. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. City of Denton City Council Minutes June 21, 2005 Page 9 C. The Council considered adoption of an ordinance adopting the National Incident Management System (NIMS) as the standard for incident management by the City of Denton, TX; and providing for an effective date. Michael Penaluna, Emergency Management Coordinator, stated that NIMS was a new national requirement that provided for a consistent approach to the effective management of situations involving natural disasters, man-made disasters or terrorism. Organizations wishing to receive federal funds and grants related to the management and preparedness for certain disaster and hazard situations must adopt NIMS by fiscal year 2005 The following ordinance was considered: NO. 2005-180 AN ORDINANCE ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE STANDARD FOR INCIDENT MANAGEMENT BY THE CITY OF DENTON, TX; AND PROVIDING FOR AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance as presented. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance of the City of Denton, Texas providing for the payment of engineering development review fees for development; providing a severability clause; and an effective date. Kelly Carpenter, Director of Planning and Development, stated that she would speak to Items 8 D, E, and F at the same time as they were all related. Item 8D would allow the City to contract with a qualified engineering consulting firm to provide development review for engineering issues associated with development proposals. This would include such items as reviewing plats, site plans, construction plans, and variance requests during the development permitting for compliance with the City Development Code and Code of Ordinances. Item 8E involved an amendment to the budget in order to provide the necessary appropriation to enable the pass through of the engineering development review fees associated with outsourcing the engineering development review process that would become effective July 20th. Item 8F was the professional services agreement with Freese and Nichols to provide the engineering review of the development review process. Willie Hudspeth stated that Council could not change the agenda order and combine these three items. He felt he should have 9 minutes to speak and not 3 minutes. He indicated that the money for this item could have been used to save jobs. The City was replacing employees with a group of people who would not speak to the people. He would be checking with the District Attorney as to whether items on the agenda could be lumped together. The following ordinance was considered: NO. 2005-181 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE PAYMENT OF ENGINEERING DEVELOPMENT REVIEW FEES FOR City of Denton City Council Minutes June 21, 2005 Page 10 DEVELOPMENT; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. Mulroy motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance amending the Fiscal Year 2004- 2005 General Fund Budget and Annual Program of Services of the City of Denton to allow for an adjustment of One Hundred Thousand Dollars for the expenditure of funds for consulting engineering services for development review; declaring an emergency; providing for publication of this ordinance; and providing an effective date. The following ordinance was considered: NO. 2005-182 AN ORDINANCE AMENDING THE FISCAL YEAR 2004-2005 GENERAL FUND BUDGET AND ANNUAL PROGRAM OF SERVICES OF THE CITY OF DENTON TO ALLOW FOR AN ADJUSTMENT OF ONE HUNDRED THOUSAND DOLLARS FOR THE EXPENDITURE OF FUNDS FOR CONSULTING ENGINEERING SERVICES FOR DEVELOPMENT REVIEW; DECLARING AN EMERGENCY; PROVIDING FOR PUBLICATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance approving a professional services agreement with the firm of Freese and Nichols, Inc. to provide engineering services for engineering review of the development review process; authorizing the expenditure of funds therefore; and providing an effective date. The following ordinance was considered: NO. 2005-183 AN ORDINANCE APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM OF FREESE AND NICHOLS, INC. TO PROVIDE ENGINEERING SERVICES FOR ENGINEERING REVIEW OF THE DEVELOPMENT REVIEW PROCESS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. G. The Council considered a motion to authorize the Mayor to participate in any special legislative session that Governor Perry might call and to grant her authority to speak on behalf of the City of Denton. City of Denton City Council Minutes June 21, 2005 Page 11 Consensus of the Council was that this proposal would be good in order for the Mayor to have the authority to speak on behalf of the entire Council. Kamp motioned, Montgomery seconded to approve the authorization. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. H. The Council received a report, held a discussion, gave staff direction and considered adoption of an ordinance of the City of Denton, Texas approving the First Amendment to the commercial operator airport lease agreement between the City of Denton and Jet Works Aviation Inc.; approval of a Lease Estoppel with Southwest Bank and conditional approval of a Lease Estoppel with Greater East Texas Certified Development Corporation (CDC); and providing an effective date. Mark Nelson, Director of Airport and Transit Operations, stated that in November 2004 the City and Jet Works entered into a lease agreement. Provisions of the lease required that Jet Works provide the City a legal description and survey of the leased property that would more accurately describe the leased premises within 30 days of the effective date of the agreement. Shortly after the approval of the lease agreement, Jet Works indicated they were modifying the original plans for the structure, increasing area under roof, and would need a larger lease parcel. Jet Works requested and received an extension to the deadline for submission of the legal survey and drawing. To assist with development costs, the Airport Board and staff agreed to a secondary parcel to be included as part of the lease with no rent being paid on Parcel 2 as it would be viewed as a fire easement. A second component to this issue was the estoppel agreements. The first estoppel agreement would modify the default agreement in the areas of time to cure a default, would subordinate the city's lien should a default occur and would allow for removal of improvements in the case of a default. Late last week Southwest Bank notified the city that a second estoppel agreement would be required for Jet Works to secure a loan. Staff was requesting conditional approval of the second estoppel agreement in order for the Airport Advisory Board to review it. If the Board declined approval of the second agreement, it would not take effect. Council felt that this would not be setting an example for future leaseholders as it was specific to this case only. Comment cards were received from: Rick Woolfolk, Chair-Airport Advisory Board, in favor of the proposal. Willie Hudspeth felt it would be better to wait until have all items of the proposal were completed. The following ordinance was considered: NO. 2005-184 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE FIRST AMENDMENT TO THE COMMERCIAL OPERATOR AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND JET WORKS AVIATION INC.; APPROVAL OF A LEASE ESTOPPEL WITH SOUTHWEST BANK AND CONDITIONAL APPROVAL OF A LEASE ESTOPPEL WITH GREATER EAST City of Denton City Council Minutes June 21, 2005 Page 12 TEXAS CERTIFIED DEVELOPMENT CORPORATION (CDC); AND PROVIDING AN EFFECTIVE DATE. McNeill motioned, Kamp seconded to adopt the ordinance as presented with the understanding the Airport Advisory Board approval was required. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 1. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth stated that there were still no African American firefighters in Denton. He felt that if there was a safety concern with Eureka! it should be torn down. It was irresponsible to keep the wood there if it might harm the children. B. Jean Campbell regarding proposed cuts to social services. Ms. Campbell was not present. C. Tony Gamron regarding proposed cuts to social services. Mr. Gamron indicated that he was speaking for CASA funding from the City. He asked Council to not decrease funding for CASA. J. New Business There were no items of New Business suggested by Council for future agendas. K. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff did not have any items for Council. L. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. M. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 8:51 p.m. City of Denton City Council Minutes June 21, 2005 Page 13 EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES June 22, 2005 After determining that a quorum was present, the City Council convened in a Special Called Meeting on Wednesday, June 22, 2005 at 10:30 a.m. in the Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery, Mulroy, and Thomson. ABSENT: Council Member Redmon 1. The Council received a report, held a discussion and gave staff direction regarding proposed amendments to the Development Code and Criteria Manual related to improving multi-family and single-family development in the City of Denton. Kelly Carpenter, Director of Planning and Development, stated that at the May 9th meeting, staff presented Council with two regulatory approaches to improving the quality of multi-family developments through land use and design standards. Staff was directed to meet with the Chamber of Commerce to discuss proposed amendments; to provide additional information on an expanded definition of master plan development and the build out ratio between the number of units for multi-family and single-family units; to remove the proposed amendment language to waive CM-G and CM-E zoning districts from the land use amendments; and remove the new amendment proposing to regulate the color of building materials. Comments from a meeting with the Chamber of Commerce indicated (1) design standard amendments were generally acceptable with some minor improvements; (2) additional regulations, especially the SUP requirement was generally unacceptable, (3) both sets of regulations may serve to hinder the development of affordable housing and brown field, inner city development; and (4) the market will clearly dictate demand for multifamily development. Council discussed: The 60/40 goal ratio of single-family to multi-family housing was not doable with the development community. What did the developers feel was an appropriate ratio? The developers felt it should be market driven. Proximity slope issue - apartment building in single-family neighborhood sloping line for height of apartment - adjustment can be made for specific sites. Staff should work out an appropriate formula. Council received explanations to various design standard requirements presented to staff. Discussion on definition of a master plan development included a list of actions that would constitute a master plan development; associate an acreage size with a master plan development; it was unnecessary to define a master plan development as an alternative development process had to be done. There were avenues already in place with regulations to determine this process. Develop a category for grandfathering those developments already in place. Was the 40% ratio as a single use for multi-family in a mixed-use development too high? Developers were not using mixed-use developments. City of Denton City Council Minutes June 22, 2005 Page 2 Look at updating the overall comprehensive plan ratios. Council convened in a Closed Session at 11:35 a.m. for an attorney consultation relative to this item. With no further business, the meeting was adjourned. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES June 22, 2005 Joint Meeting of the City of Denton City Council and the Denton Independent School District Board of Trustees on Wednesday, June 22, 2005 at 12 noon in the Board Room at the DISD Central Services Building. PRESENT: Mayor Brock; Mayor Pro Tern McNeill; Council Members Kamp, Montgomery, Mulroy, and Thomson. ABSENT: Council Member Redmon 1. Call to order; announce quorum, introductions. Mayor Brock called the City Council to order and declared a quorum of the Council present. 2. Discussion on Denton County's proposal to purchase voting machines. Council and the Trustees discussed support for voting machines with a paper trail. While this was a decision to be made by Commissioners Court, both entities felt a paper trail was necessary for voter confidence in the election especially if a recount were required. It was suggested that a joint resolution indicating the Council and Trustee's preference of machines with a paper trail be sent to Commissioners Court. 3. Update on various road projects including but not limited to FM 2181, FM 2499 and Highway 380. Jon Fortune, Assistant City Manager, presented updates on the status, funding, letting date and plan specifications for FM 2181, FM 2499, East and West U. S. 380 and McKinney Street. 4. Update on the Water Park/Natatorium. Janet Fitzgerald, Director of Parks and Recreation, presented a progress report for the first three weeks of operation in 2005 with a year to date comparison to last year. Attendance, revenues, season passes and swimming lessons were up from last year. Overall it was a better season this year than last year. 5. Update on DISD Construction. Norm Sisk presented information on the DISD's current construction progress. He detailed progress on Calhoun Middle School Fine Arts Addition, the Advanced Technology Center, Middle School #5, Robert E. Lee Reconstruction, Woodrow Wilson Library Addition, Guyer High School Original Construction and Phase II, Hawk Elementary School and Savannah Elementary School. City of Denton City Council Minutes June 22, 2005 Page 2 6. Update on the impact of low to moderate-income multi-family dwelling units on the DISD and City of Denton. Mayor Brock presented updated information on low/moderate multifamily dwelling unit requests and reviewed a profile by the DISD on student population for Providence Place. The Council and Trustees discussed the sharing of information on a policy for future tax credit properties, the impact of tax credit properties on the DISD and services to students, a caution on being exclusionary for these types of projects, and the need to continue to dialog and keep the lines of communication open between the two entities regarding these types of projects. 7. Determine next meeting date. September 7th was set for the next meeting date with the City hosting. 8. Adj ourn With no further business, the meeting was adjourned at 2:00 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2005 DEPARTMENT: Planning and Development Department CM/DCM/ACM: Jon Fortune, Assistant City Manager SUBJECT A05-0001 (AshGrove Cement) Hold the first of two public hearings to consider annexing approximately 244 acres into the corporate city limits of the City of Denton, Texas. The property is generally located south of Mingo Road and both sides of Collins Road in the eastern section of the City of Denton Extraterritorial Jurisdiction (ETJ). BACKGROUND Applicant: City of Denton Denton, TX An involuntary annexation proceeding is being considered by the City of Denton for the AshGrove Cement distribution site and intervening properties. In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis" the annexation of areas in the ETJ when significant developments are proposed. The subject area to be annexed contains 22 separate parcels, portions of the Union Pacific Railway, Collins Road and Fishtrap Road. ➢ On June 6, 2005, staff received direction from the City Council to pursue involuntary annexation proceedings. ➢ The City of Denton issued a letter of intent to annex to property owners on June 8th, 2005. ➢ On June 13th, the Real Estate Division of the City of Denton Engineering Department proposed an alternative annexation area that would be in compliance with Texas state law requiring 1,000 ft width to the annexation area. Staff reissued a new intent to annex letter on June 18th 2005 with the revised map and area. Previously notified property owners who were removed from the initial annexation area were also sent a notice of the revised annexation area. ➢ The entire area proposed for annexation is located in the extra territorial jurisdiction and is not zoned. Approximately seven of the parcels contain existing residential uses. Three of the parcels contain existing commercial uses. ➢ The Comprehensive Plan identifies this area to be within the Neighborhood Centers, Employment Centers and Rural Areas land use designation. ➢ Property owners were notified of the involuntary with an "intent to annex" letter and official public hearing notification. To date, staff has received no letters in opposition from property owners within 200' of the proposed annexation area. (Refer to Attachment 3.) 1 OPTIONS 1. Maintain land area. 2. Delete land area. 3. Amend service plan. 4. Deny. RECOMMENDATION Staff recommends that the first public hearing for A05-0001 is held as scheduled, and pending comments received; determine if additional information is needed. Staff recommends that the public hearings proceed as scheduled, finding that: The need to manage and coordinate development in an orderly manner is a significant city objective that the City of Denton will pursue. ESTIMATED PROJECT SCHEDULE The annexation process will be completed by October 4, 2005. (Refer to Attachment 4.) PRIOR ACTION/REVIEW Intent to Annex Notification Mailed June 18, 2005 1st CC Public Hearing July 19, 2005 FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city. Proposed annexation area will add additional tax base to the city. City of Denton fire and police services are required upon annexation. ATTACHMENTS 1. Service Analysis 2. Location Map 3. Notification Map 4. Annexation Schedule 5. Draft Annexation Service Plan Prepared by: >5 Stephen A. Cook, AICP Planning Policy Coordinator Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development 2 Attachment 1 SERVICE ANALYSIS A05-0001- AshGrove Cement Annexation Police 1. Estimated average response time for this area based on current department conditions: Priority 11 minutes Non-priority 27 minutes Average 19 minutes 2. Appropriate average response time in the city based on current department conditions: Priority 11 minutes Non-priority 27 minutes Average 19 minutes 3. If annexed and developed as proposed will additional personnel be needed as a specific result of this proposal? No 4. Will additional equipment and funding be needed to serve this area? No 5. Will a police substation or other facility be needed to serve this area as a result of annexation and development? No 6. Please comment on the cumulative impact of annexation and development. There will be a negligible impact to general police services due to this annexation. At what population level would another police facility be required? Proposed annexation would not require a new facility. However, the projected additions to the current facility will help to accommodate any population increases resulting from this or similar annexation projects. Is there an accepted facility/equipment to population ratio that can be used for planning purposes? There is no accepted facility or equipment ratio in use. Is there an accepted officer to population ratio that can be used for planning purposes? 1.79 officers per 1000 citizens . 3 Attachment 1 SERVICE ANALYSIS A05-0001- AshGrove Cement Annexation Engineering and Transportation 1. What existing roads, bridges and other transportation facilities will be impacted by this proposed annexation and development in terms of needed improvements or upgrades? Name and location Type of Improvement Approximate Cost Mingo Road Reconstruct to 8" Asphalt and 6" Subgrade $435,000 Truck traffic from proposed concrete distribution plant, and potential closure of Collins Road at the Union Pacific Railroad will increase heavy truck traffic on Mingo Road and cause increased deterioration of the Mingo Road surface from Collins Road to Cooper Creek Road. The proposed development within this annexation as stated will cause the need for improvements to Mingo Road. 2. Are any of these improvements presently scheduled to be done at state or federal expense? No 3. Please list any drainage improvements that may require local funding, and include estimated cost (if no specific improvements can be determined, please make general comments concerning drainage). All existing drainage structures on Mingo will need to be upgraded to the 100- year storm design. 4. Will additional equipment and facilities be needed as a specific result of this annexation and development? No. 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? N/A Is there an accepted equipment to population ratio that can be used for planning purposes? N/A Is there an accepted employee to population ratio that can be used for planning purposes? N/A Additional Comments: A part of this annexation may result in the removal of the railroad crossing at Collins/Mingo. Cement and other heavy trucks will have to use an alternate route along Mingo. One possible route is Geesling/Fishtrap of which at least Fishtrap should be prohibited to truck traffic. Another route along Mingo is to Cooper Creek, this is the more desirable route. Mingo is substandard in this area for this type of truck traffic. 4 Attachment 1 SERVICE ANALYSIS A05-0001- AshGrove Cement Annexation Fire 1. Fire and Emergency Medical Services can be provided to the area from station(s) # 4 and 2, located at 3309 McKinney Street and 2110 E. Sherman. 2. Estimated response time. 5 minutes 3. Appropriate response time in the City. 5 minutes 4. Is a new fire station approved in the CIP that could serve this area? No. 5. Will a new fire station be requested in upcoming CIP proposals to serve this area? N/A. 6. Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development. N/A. 7. Please comment on the cumulative impact of annexation and development. At what population level would another fire station facility be required? Undetermined. Is there an accepted facility/equipment to population ratio that can be used for planning purposes? No. Is there an accepted fire fighter to population ratio that can be used for planning purposes? 1.5 per 1,000. 5 Attachment 1 SERVICE ANALYSIS A05-0001- AshGrove Cement Annexation Parks and Recreation 1. What neighborhood park and recreational facilities are currently serving this area or are capable of serving this area if annexed and/or developed (federal, state, or local)? None are within the proposed annexation. The closest Denton Parks properties to the proposed annexation area are Avondale Park 2.5 miles to southwest, Water Works Park and Natatorium Pool complex 2.85 miles to west, and the Greenbelt Trail and Clear Creek Nature Center 1.1 mile to the east and north. The Army Corp of Engineers open space property is bordered on the east of this annexation. Current residents will be able to use existing City of Denton parks, facilities and programs. 2. What projects and/or equipment will be needed to adequately serve this area if annexed and/or development based on the parks and recreation master plan or similar standards? The 2000 Denton Park and Recreation Master Plan does not indicate a need for a Community Park in the general area of the proposed annexation due to existing open space land at Clear Creek Nature Center and the Greenbelt trail. In the event new residential development occurs in the annexation area, a neighborhood park may be necessary. Service Standards: Neighborhood Parks: 2.5 acres per 1,000 population (to be dedicated at time of development) 5 acres minimum size. (by developer) cost per acre. Community Parks: 3.0 acres per 1,000 population 30 acres minimum 3. How much additional funding will be needed for maintenance if additional park facilities are developed to serve this area? None required for Parks at this time. However addition mowing for street right of ways will be needed. Annual Cost for street right of way mowing is $702.00 for the 5,200 new feet of right of way to come into the city. Service Standard: Based on $41.00 per acre per mowing cycle. 4. How many additional personnel would be needed to properly serve this area if annexed and developed? No additional personnel for Parks maintenance required at this time. However additional resources will be required for road right of way mowing along Mingo, Collins and Fishtrap roads. Additional Comments: Denton Parks and Recreation Department will attempt to coordinate placement of park facilities proposed for development by the developer or use funds from the Park Land Dedication requirements to purchase or expand existing parks within the service area of this development. 6 Attachment 1 SERVICE ANALYSIS A05-0001- AshGrove Cement Annexation Library 1. Estimated additional funding needed strictly based on proposed annexation and development. $0.00 2. Please comment on the cumulative impact of annexation and development. The proposed annexation will have no direct impact on library services in the City of Denton. 3. At what population level would another library facility be required? 98,913 4. Is there an accepted circulation to population ratio that can be used for planning purposes? Yes. 7.4 per capita 5. Is there an accepted employee to population ratio that can be used for planning purposes? Yes. One Professional degreed librarian with Master of Library Sciences or Information Studies per 1,000 of population or .11 and one full-time equivalent staff per 1,000 population or.462 6. At what population level would another library facility be required? 98,913 Is there an accepted circulation to population ratio that can be used for planning purposes? Yes. 7.4 per capita Is there an accepted employee to population ratio that can be used for planning purposes? Yes. See #5 above. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? Yes. If not, how many additional employees and what type of facilities and materials will be needed to provide services? N/A Additional Comments: None. 7 Attachment 1 SERVICE ANALYSIS A05-0001- AshGrove Cement Annexation Solid Waste 1. Is residential solid waste service available to the proposed area for annexation? Yes. 2. Is commercial solid waste service available to the proposed area for annexation? Yes. 3. What is the estimated cost to provide this area with solid waste service? Existing solid waste service rates will apply. What is the typical revenue collected per: Household. 90 Gallon Refuse Cart -$15.00 / month. 35 Gallon Recycling cart - $2.99 / month. Commercial Business Various Container sizes and rates - Contact 940-349-8787. 4. Will additional equipment be needed to serve this area if annexed or developed? No. 5. Will additional employees be needed to serve this area if annexed or developed? No. 6. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? N/A. Is there an accepted equipment to population ratio that can be used for planning purposes? No. Is there an accepted employee to population ratio that can be used for planning purposes? No. Additional Comments: None. 8 Attachment 1 SERVICE ANALYSIS A05-0001- AshGrove Cement Annexation Water/Wastewater 1. What is the nearest City of Denton water line? Size of water line. 12" Location of water line. Fishtrap & Geesling Distance from proposed annexation. 1750 ft to SW corner of annexed area 2. What is the nearest City of Denton sewer line? Size of sewer line. 10" Location of sewer line. Geesling & US 380 Distance from proposed annexation. 3250 ft to SW corner of annexed area 3. According to the City of Denton master plan what type of lines and facilities would be required for this area and when are those lines and facilities proposed for construction. Size Year Location Water lines None Proposed Sewer lines None Proposed 4. Are there any City of Denton lines included in the proposed annexation? No. 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? 18,750 Is there an accepted equipment to population ratio that can be used for planning purposes? One crew per 18,750 population Is there an accepted employee to population ratio that can be used for planning purposes? One employee per 5,770 population Additional Comments: The nearest existing sewer line has been given, however, planned development along Lakeview Blvd south of US 380 would put a sewer line closer to the annexation area. Additionally, the sewer line at Geesling and US 380 feeds into a lift station which is currently not sized for significant additional flow. Therefore, the lift station and force main would require expansion to be used by development in the annexed area. Finally, the annexation area drains away from the existing sewers in the area, which means that one or more lift stations will be required to provide sewer service. 9 Attachment 1 SERVICE ANALYSIS A05-0001- AshGrove Cement Annexation Drainage 1. Please list any drainage improvements that may require local funding, and include estimated cost (if no specific improvements can be determined, please make general comments concerning drainage). All drainage improvements required for development within the proposed annexation area will be subject to the requirements of the Development Code, and will be paid for by the developer(s). There are no FEMA designated floodplains identified within the annexation area with one possible exception: Minor portions of the eastern fringe of the proposed annexation area may be within the floodplain of the Elm Fork Trinity River between Lake Lewisville and Lake Ray Roberts. Development will not be allowed within these areas which must be reserved as drainage easements. 2. Will additional equipment and facilities be needed as a specific result of this annexation and development? No. If yes, what type of equipment or facility? 3. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? N/A Is there an accepted equipment to population ratio that can be used for planning purposes? N/A Is there an accepted employee to population ratio that can be used for planning purposes? N/A 10 Attachment 1 SERVICE ANALYSIS A05-0001- AshGrove Cement Annexation Electric Utilities DME has certification to serve in certain areas of the County that in no way corresponds to existing or future City limits. These areas of certification were determined by the Public Utility Commission of Texas, the City has no authority in their determination. If a customer falls within an area singly certified to DME, we have an absolute obligation to serve that customer regardless of whether they are inside or outside the City limits. If a customer falls within an area that is multiply certified to DME and other electric distribution service providers, then we can complete for the opportunity to serve that customer if we choose to but, again, this is in no way tied to whether they are inside the City limits. 11 ATTACHMENT 2 Location Map NORTH A05-0001 (AshGrove Cement Annexation) LOCATION MAP Scale: None 13 ATTACHMENT 3 Public Notification Notification Map NORTH 200 FT BUFFER 500 FT BUFFER SITE CITY LIMIT5 mwfA Public Notification Date: July 1, 2005 200' Legal Notices* sent via Certified Mail: 18 500' Courtesy Notices* sent via 1 st Class Mail: 9 Number of responses to 200' Legal Notice ■ In Opposition: 0 ■ In Favor: 0 ■ Neutral: 0 Scale: None *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 14 Property Owner Responses Property Owner Name In favor Comments and Address /Opposed* *A copy of the original notice can be picked up at City Hall West, 221 N. Elm Denton TX 76201 15 ATTACHMENT 4 ANNEXATION SCHEDULE AshGrove Cement Distribution Center (A05-0001) Tuesday, 7/19/05 City Council conducts first public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. ❑ Annexation Study prepared and available for public review. ❑ Service Plan prepared and available for public review. Tuesday, 7/26/05 City Council conducts second public hearing. (Special Called Meeting) • Public notice must be no less than 10 days and no more than 20 days before public hearing. Wednesday, 8/24/05 Planning and Zoning Commission public hearings - make a recommendation to City Council regarding the proposed annexation and the proposed zoning. Tuesday, 8/16/05 City Council by a four-fifths vote institutes annexation proceedings. First reading of annexation ordinance. • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday, 08/21/05 Ordinance published • The ordinance cannot be acted upon until at least 30 days after publication. Tuesday, 10/04/05 City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. City Council considers approval of zoning request. • Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes annexation proceedings (adopts ordinance on 1St reading). Annexations must be rigidly coordinated in conjunction with the City Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local Government Code requires that City Council institute annexation proceedings (1st Reading of the Ordinance) more than 20 days after the second City Council public hearing but less than 40 days from the first City Council public hearing. -1- ATTACHMENT 5 DRAFT CITY OF DENTON ANNEXATION SERVICE PLAN FOR A05-0001 (AshGrove Cement Distribution Center) L AREA ANNEXED The annexation area is located in the northeast portion of Denton's Extraterritorial Jurisdiction and contains approximately 244 acres generally located of land generally located south of Mingo Road and both sides of Collins Road. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. B. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 5 minutes, which is similar to responses for surrounding properties within the city limits. The City of Denton will provide emergency medical services ("EMS"). C. Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices will be maintained by the City of Denton on the effective date of the annexation. 1 S:\Annexation\A05-0001 AshGrove Cement\PH CC_Ist A05-0001\6 - A05-0001 DRAFT ANNEXATION PLAN.doc D. Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Denton Park and Recreation Master Plan which does not indicate a need for a Community Park in the general area of the proposed annexation due to existing open space land at Clear Creek Nature Center and the Greenbelt trail. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. E. Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. F. Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton. G. Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of Chapter 35 of the Code of Ordinances, concerning subdivision and land development regulations. City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tracts contain Neighborhood Centers, Employment Centers and Rural Areas future land use designations and are located within close proximity to a 500-year Floodplain/ Environmentally Sensitive Areas. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. 2 S:\Annexation\A05-0001 AshGrove Cement\PH CC_Ist A05-0001\6 - A05-0001 DRAFT ANNEXATION PLAN.doc IV. UTILITY (RATEPAYER) SERVICES A. Solid Waste Collection The City of Denton is the exclusive residential and commercial Solid Waste service provider within Denton's city limits. The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City. The City of Denton Solid Waste Department is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. To request solid waste refuse collection services, please telephone the City of Denton Solid Waste Customer Service Department at 940-349-8787. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Service prior to receiving service. Residential Solid Waste Services Each residential address will be provided a 96-gallon wheeled refuse cart, which will be serviced one time per week. Residents are required to place their refuse cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb for collection no earlier than 6:00 p.m. the evening prior to their collection day. Carts are to be removed from the curb no later than 6:00 a.m. on the day following their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. Weekly yard waste service is provided. Weekly curbside recycling services are provided by Trinity Waste Services. Contact Trinity at 1-800-766-1758 to obtain curbside recycling information. Each residential customer's refuse cart service, curbside recycling service, and yard waste service will occur on the same day each week. Commercial Refuse Service Each commercial business will be provided with a commercial container(s), which are available in a variety of sizes and frequencies of collection, based on the waste type and volume generated. All refuse placed in the container for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed will not be collected. Refuse placed outside the container is subject to code enforcement regulations, including potential fines. 3 S:\Annexation\A05-0001 AshGrove Cement\PH CC_Ist A05-0001\6 - A05-0001 DRAFT ANNEXATION PLAN.doc Landfill Service The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For information regarding disposal charges, call the Landfill Office at 940-349-7510. B. Water/Wastewater Facilities The area lies within the City of Denton's Certificate of Convenience and Necessity (CCN) service area for both water and wastewater service. The nearest available water lines that could be extended by the developer to serve the property are a 12" line at the intersection of Geesling and Fishtrap, 1,750 feet from the southwest corner of the proposed annexed area. Currently, there are no Capital Improvement Projects proposed for the annexation area. Currently there are no existing sewer lines on either side of Mingo Road to serve the proposed development. The nearest existing sewer line is a 10" line at the intersection of Geesling Road and US Hwy 380. However, planned development along Lakeview Blvd south of US 380 would put a sewer line closer to the annexation area. Additionally, the sewer line at Geesling and US 380 feeds into a lift station which is currently not sized for significant additional flow. Therefore, the lift station and force main would require expansion to be used by development in the annexed area. Finally, the annexation area drains away from the existing sewers in the area, which means that one or more lift stations will be required to provide sewer service. Computer modeling of the wastewater system will provide the means necessary to accommodate all of the wastewater flows in the existing sewer system downstream of the development. Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will begin upon the effective date of the annexation using existing personnel and equipment. The City shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. C. Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City shall provide a level of drainage services, 4 S:\Annexation\A05-0001 AshGrove Cement\PH CC_Ist A05-0001\6 - A05-0001 DRAFT ANNEXATION PLAN.doc infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. D. Electrical Services Denton Municipal Electric is certified by the State to provide electric utility service to the annexation area should a request be made by a property owner. Customer cost participation will be required for the overhead line extension to the site. V. OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. VI. CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land use, and population density. Street improvement needs will be investigated as part of the City of Denton Capital Improvement Program. Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 '/z) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics of topography, land use, and population density. VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. VIII. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. 5 S:\Annexation\A05-0001 AshGrove Cement\PH CC_Ist A05-0001\6 - A05-0001 DRAFT ANNEXATION PLAN.doc IX. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). 6 S:\Annexation\A05-0001 AshGrove Cement\PH CC_Ist A05-0001\6 - A05-0001 DRAFT ANNEXATION PLAN.doc THIS PAGE INTENTIONALLY LEFT BLANK AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2005 DEPARTMENT: Planning and Development Department 11 CM/DCM/ACM: Jon Fortune, Assistant City Manager SUBJECT - Z05-0009 (Villas ofForest Glen, W. Daniel Survey, Abstract Number 378) Hold a public hearing and consider rezoning of approximately 4.5 acres from a Neighborhood Residential 6 (NR-6) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is generally located at the northeast corner of Fort Worth Drive, Country Club Road and Hobson Road. The Planning and Zoning Commission recommends approval (7- 0). BACKGROUND Applicant: Vandersmith Development. Denton, TX The applicant requests the rezoning of the subject property to an NRMU zoning district. A chart showing the comparison between the existing NR-6 and the proposed NRMU is provided in the Staff Analysis section. Public notification and property owner responses are provided in Attachment 3. As of this writing, staff received one written response in opposition from a property owner within 200 feet of the subject site. The opposition is currently at 4%. OPTIONS 1. Approve as submitted. 'Hae$PN 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0). ESTIMATED PROJECT SCHEDULE The subject property is not platted. A preliminary and final plat will be required. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification (Property Owner Notification Map) 4. Site Photo 5. Aerial Photo 6. Letter of Intent 7. Letter of Opposition 8. June 8, 2005 P&Z Meeting Minutes 9. Ordinance Prepared by: Lori Shelton Planner II Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development Residential Land Use Categories NR-6 NRMU Attached Single Family Dwellings P L(40) Dwellings Above Businesses N P Live/WorkUnits L(16) P Duplexes P N Multi-Family Dwellings L(5) SUP L(4) Commercial Land Use Categories Home Occupation P P Hostels N P Hotels N P Bed and Breakfast N P Retail Sales and Service N L(17) Restaurant of Private Club N L(11) Drive-through Facility N SUP Professional Services and Offices N L(17) Quick Vehicle Servicing N SUP Laundry Facilities N P Commercial Outdoor Recreation P SUP Administrative or Research Facilities N L(14) Broadcasting of Production Studio N L(14) Limitations: L(4) = Permitted as part of a mixed use development of ten (10) acres or more and only in conjunction with office, retail or other permitted commercial or institutional uses. L(5) = Within this district the density of apartments will be calculated as one bedroom equating to .5 units. L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(16) = Uses are limited to no more than 1,500 square feet of gross floor area per lot. L(17) = Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. L(40) =Limited to a maximum 12 units per acre. ATTACHMENT 2 Maps LOCATION AND ZONING MAP FUTURE LAND USE MAP 5 ATTACHMENT 3 Public Notification nr - - i k' - _f - I' - I I •r~ II + I' I rI I I f H r - I 1 I ~ ! r d - ~t 4 I _u ;f - r - - b - r. ~ r. r - - - - I I I _j a r:_ t ]I II r Newspaper Notification Date: May 29 2005 Percent of land within 200' in opposition: 5% 200' Legal Notices* sent via Certified Mail: 11 500' Courtesy Notices* sent via I" Class Mail: 17 • In Favor: 2 • Opposed:I • Neutral: 0 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 6 ATTACHMENT 4 Site Photo View from corner of Country Club and Hobson looking toward northeast View from Country Club Road looking east 7 ATTACHMENT 5 Aerial Map 8 ATTACHMENT 6 Letter of Intent May 09 05 01:04p Richard E. Smith 940-566-1016 p.1 RICHARD E. SMITH 721 W. Hobson Lane Denton, Texas 76205 (940) 3824754 Fax (990)566-1016 cell (910) 368-1069 resmithlComrcer.txt MEMORANDUM To: Lori Shelton From: Dick Smitlt' Date: May 9, 2005 RE; RE-ZONING APPLICATION-VILLAS OF FOREST GLEN PHASE It Based upon Mr_ Reichhart's comments that we can transfer density from our 6 large lots to the remaining undeveloped NR-6 property, we have no need to proceed with the re-zoning of the 8.5 acres to NRMU-12. However, we do want to proceed with the re-zoning of the 4.5 acre comer (Hwy 1830/Hobson) i from NR-6 to NRMU. Thank you for you assistance. I I 9 ATTACHMENT 7 Letter of Opposition May 31 2005 10:14AM AOAMI & ASSOCIATES REALTY (940)387-3544 P.1 'NOTICE OF PUBLIC HEARING Z05-0009 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, 6/812005, to Rezoning of approximately 4.5 acres from Neighborhood Residential (NR-6) zoning district to Neighborhood Residential Mixed Use (NRMU) zoning district The property is located at the northeast comer of FM 1830 and Hobson Road. (Z05-0009, Miles of Forest Glen, Phase 2, Lori Shelton). The public! hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feet about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, rdtum this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop K off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Lori Shelton, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request Reasons for Opposition: Sign re: Prints Name- o/yr✓ Mailin S. City, State; Tip: Telephone! Number• _ ~TO 12 _9~~7 CITY OF OENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8350 • (F) 940.348.7707 200"-&-, IVA I I 10 _ - I ATTACHMENT 8 City of Denton Planning and Zoning Commission Minutes June 8, 2005 After determining that a quorum was present, the Planning and Zoning Commission convened a Work Session on Wednesday, June 8, 2005 at 5:30 pm in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which time the following items were considered: ALL COMMISSIONERS PRESENT 1. Receive a briefing and hold a discussion of items listed on the Consent Agenda. 2. Receive a briefing and continue discussion on tree canopy coverage standards for industrial uses in the Denton Development Code. 3. Receive a briefing and hold a discussion on the Quarterly Report discussion with City Council on June 7, 2005. After completing the Work Session, the Planning and Zoning Commission convened a Regular Meeting of the Planning and Zoning Commission of the City of Denton, Texas which was held on Wednesday, June 8, 2005 and began at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the following items were considered: ALL COMMISSIONERS PRESENT 1. PLEDGE OF ALLEGIANCE A. U. S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2. CONSIDER APPROVAL OF THE MINUTES FOR MAY 25, 2005. Commissioner Holt moved to approve the minutes, Commissioner Thibodeaux seconded. Motion carried (7-0) 3. CONSENT AGENDA: Staff recommends approval of the following items because they meet the requirements of the Denton Development Code. Approval of the Consent Agenda includes staff recommendations for approval and authorizes staff to proceed. The Planning and Zoning Commission has reviewed the application and has had an opportunity to raise questions regarding the item prior to consideration: A. Amending Preliminary Plat of the Unicorn Lake Addition. The proposed 133.5 acres site is located south of Interstate 35 East along both sides of Wind River Lane. The subject site is within Neighborhood Residential 2 (NR-2), Neighborhood Residential Mixed-Use- 12 (NRMU-12), and Regional Center Commercial Downtown (RCC-D) zoning districts. (APP05-0001, Unicorn Lake Addition, Deborah Viera). Commissioner Watkins moved to approve the consent agenda, Commissioner Guzman- Ramon seconded. Planning and Zoning Commission June 8, 2005 Page 2 of 2 Motion carried (7-0) 4. PUBLIC', HEARINGS: Hold a public hearing and consider making a recommendation to City Council on the following item: A. Rezoning of approximately 4.5 acres from Neighborhood Residential (NR-6) zoning district to Neighborhood Residential Mixed Use (NRMU) zoning district. The property is generally located at the northeast corner of Fort Worth Drive, Country Club Road and Hobson Road. (Z05-0009, Villas of Forest Glen, Phase 2, Lori Shelton). Commissioner Holt moved to approve the request, Commissioner Roy seconded. Motion carried (7-0) 5. FUTURE AGENDA ITEMS MEETING ADJOURNED 6:47PM NOTE THE PLANNING AND ZONING COMMISSION RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING AT ANY TIME REGARDING ANY ITEM ON THE AGENDA FOR WHICH IT IS LEGALLY PERMISSIBLE. NOTE: THE CITY OF DENTON CITY COUNCIL ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 2005 at o'clock (a.m.) (p.m.) CITY SECRETARY SA0ur Documents\Ordinances1051Z05-0009.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF 4.50 ACRES FROM NEIGBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMUI) GENERALLY LOCATED AT THE NORTHEAST CORNER OF FORT WORTH DRIVE, COUNTRY CLUB ROAD AND HOBSON ROAD, A PART OF A TRACT IN THE W. DANIEL SURVEY, ABSTRACT NUMBER 378 INTHE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0009) WHEREAS, Vandersmith Development initiated a change in zoning for approximately 4.50 acres of land particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Neighborhood Residential 6 (NR-6) zoning district classification and use designation to Neighborhood Residential Mixed Use (NRMU) zoning districts and use designations and WHEREAS, on June 8, 2005, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested change in zoning; and WHEREAS, the City Council finds the change in zoning is consistent with the Comprehensive Plan; 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 zoning district classifications and uses designations of the Property is hereby changed from Neighborhood Residential 6 (NR-6) zoning district classification and use designation to Neighborhood Residential Mixed Use (NRMU) zoning districts and use designations. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. i SECTION 5. Any person violating any provision ofthis ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. Page 1 of 3 SA0ur Documents\Ordinances1051Z05-0009.doc SECTION 6. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDE ERIM ITY ATTORNEY BY: Page 2 of 3 SA0ur DocumentslOrdinances1051Z05-0009.doc EXHIBIT A 4:5 ACRES ALL that certain tot, tract, or parcel of land situated in the W. DANIEL SURVEY, ABSTRACT NUMBER 378. Cite of Denton, Denton County, Texas, and being a part of a called 33.33 acre treat of lend. described in Deed from the Estate of Camilla D. Trammell to Joan S. Johnson, st.al as recorded in C1eWs. File Number '94---ROO46877 of the Real F;;perty Records of Denton County, Texas, and being more particularly described as follows: BECII ING at PK nail found for the Southwest corm of said tract, and in the East Une of FM 1830, in an asphalt road under apparent public use posted as Hobson Lane; THEE North OD degrees 05 minute .30 seconds West along: or near a fence with. the East line of said FM 1830 a distance of 186.70 feet to a wooden right-of-way monument found in the Easy right-of-way of. State Kghwayr 377 o/k/a Fort Worth Drive at the beginning of a curve to the left having a radius of 3334.04 feet, and a chord. bearing of North 11 degrees 02 minutes 40 seconds East and a Delta of 05 Degree" 37 Minutes: 04 Seconds; THENCE along said ciunre to the left along or near a fence with the East line of sold sSWta Highway 377 an are distance of 326.89 feet to a 1/2" capped Iran rod found In the South line of a Third Tract described in a deed to Ronnie Lee Hillard and David Fulton as recorded in ClerVe File Number 95-ROD30415 of the Real Property Records of Denton County, Texas, for the Southeast comer thereof,, THENCE South 88 degrees 53 minutes 20 seconds East with the South line thereof, a distances of 321.67 feet to a 1.12* capped Iran rod set., for the Northeast corner of herein described tract THENCE South, a distance: of 488.43 feet to a PK nail not in said Hobson Lane, and at the Southeast comer of heroin described. tract; THENCE 'West, with said Hobson Lone, a distance of 43&64 feet to the POINT OF BEGINNING and containing 4.50 nacres of land, mom or lass. FLOOR STATEMENP 1 have examined the F.E.M-k Flood Insurance Rate} Map for the. City of Denton, Denton County, Texas, Community Number 480194, effective date 4-2-97 and that map indicates that pact of this property is within "Zone. A" defined as "Special need Hazard Areas inurdated by 100-year flood" as shown In Panel 0370 E of said map. This Flees Statement doers not Imply that the property and for the structures thereon will be free from flooding or flood damage, an anre occasions, greater floods can and will occur and flood : heights: may be Increased by man-made or natural causes. This Flood Statement shall not create liability on the part of the surveyor. CERTIFY TO 'VANDERLAAN. NEWLAND & -ASSOCIATES REAL FATE I :hereby certify that. this survey has been prepared from an accurate on-the-ground survey of the promisees depicted hereon and described in the legal description attached hereto, ..conducted under my direction and supervision on 10/26/00 and that the findings and results of sold survey are true and correct to the begirt of my. knowledge: and belief and that the size; type and location of bible and. apparent permanent improvements are as shown, and '.that said surrey correctly shows the ration of all alleys, streets. maintained rights-of-way, and easements of record, as supplied to me, of which. the undersigned is aware or has been advised affeecting the subject premises according to the descriptions of record, and that except as shown there are no visible or apparent intrusions, conflicts or protrusions. This surrey substantially complies with the current Texas Society of ProfesiAonal Surveyors Standards and Specifications for a Category 19, Condition: If Survey. J.E. THOMPSON 11 R.P.L.S. No 4857 NOTE: This survey sketch was performed without the benefit of schedule A de 8 or Title Hinder.. NOTE: This survey may not comply wilth the subdivision regulations of the City of Denton. Page 3 of 3 THIS PAGE INTENTIONALLY LEFT BLANK AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2005 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Ross Chadwick 349-8830 ACM: Kathy DuBose SUBJECT Consider adoption of an Ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement with the firm of James R. Kirkpatrick Inc. DBA Kirkpatrick Architecture Studio to provide architectural design services for the City of Denton Fire Station #7; authorizing the expenditure of funds therefore, and providing an effective date (RFP 3324 in an amount not to exceed $250,000). RFP INFORMATION This RFP is for the professional architectural engineering and planning services for the design and construction oversight of Fire Station #7 and a Master Plan for an 88-acre site Public Safety Training Facility. Responses were received from eleven architectural/engineering firms in response to our request. RECOMMENDATION Award of professional services contract to Kirkpatrick Architecture Studio in the not to exceed amount of $250,000 for design and construction oversight of Fire Station #7. PRINCIPAL PLACE OF BUSINES Kirkpatrick Architecture Studios Denton, TX ESTIMATED SCHEDULE OF PROJECT Projected completion of construction on Fire Station #7 is January 2007. PRIOR ACTION/REVIEW (Council, Boards, Commissions) In the June 7, 2005 Work Session, Council directed staff to begin negotiations with Kirkpatrick Architecture Studio for design/construction oversight of Fire Station #7 and a Master Plan for a Public Safety Training Facility. Agenda Information Sheet July 19, 2005 Page 2 FISCAL INFORMATION Funding for this Professional Services Agreement is from the CIP project budget. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: List of Respondents 1-AIS-RFSP 3324 Attachment I RFSP #3324 - LIST OF RESPONDENTS Vendor Principle Place of Business Brown Reynolds Watford Dallas, TX PGAL Architects Irving, TX Komatsu Architecture Dallas, TX Kirkpatrick Architecture Studio Denton, TX Wigington Hooker Jeffry Architects Dallas, TX Randall Scott Architects Dallas, TX Ron Hobbs Architects Garland, TX Shiver Associates Dallas, TX PBK Houston, TX Architects Phelps/Wood Frisco, TX Petrelli Associates Arlington, TX ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM OF JAMES R. KIRKPATRICK, INC. DBA KIRKPATRICK ARCHITECTURE STUDIO TO PROVIDE ARCHITECTURAL DESIGN SERVICES FOR FIRE STATION #7; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 3324 - IN AN AMOUNT NOT TO EXCEED $250,000). WHEREAS, 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 CITY 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 City Manager is hereby authorized to enter into a professional services contract with James R. Kirkpatrick, Inc. dba Kirkpatrick Architecture Studio, to provide professional architectural and related services for Fire Station #7, a copy of which is attached hereto and incorporated by reference herein. SECTION 3. The City Manager is authorized to expend funds as required by the attached contract. SECTION 4. This ordinance; shall become effective immediately upon its passage and approval- PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: SAOur Document 0rdin ces1051fre station T ordkn =.doc Page 2 i PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER (Fire Station #7 Design) THIS AGREEMENT is made and entered into as of the day of , 2005, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and James R. Kirkpatrick, Inc. dba Kirkpatrick Architecture Studio, with its corporate office at 100 West Mulberry, Denton, Denton County, Texas 76201, hereinafter called "Design Professional", acting herein, by and through its duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL 1.1 The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in RFSP #3324 for Fire Station #7 Design, the Design Professional's proposal dated April 12, 2005, the General Conditions, and other attachments to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, all those services necessary to provide the design of Fire Station #7, including but not limited to, designing the building in relationship to operations and maintenance, cost and efficiencies related to the building being a valuable and usable facility for future years, preparing construction documents for Fire Station #7 to include documentation from the State of Texas concerning the waiver of ADA requirements and/or confirming that all drawings and documents meet ADA requirements and guidelines before bidding the Project, and preparing a statement of probable costs for Fire Station #7, including but not limited to, construction estimates of exterior landscaping, utilities, electrical, water, finrniture installation costs, operation, maintenance, and security costs, and as may be required by the contract documents described above. 1.2 If there is any conflict between the terms of this Agreement and the exhibits attached hereto, the terms and conditions of the Agreement will control over the terms and conditions of the attached exhibits. 1.3 This Agreement shall become effective upon execution of this Agreement by the Owner and the Design Professional and upon the issuance of a notice to proceed by the Owner, and shall remain in force for the period which may reasonably be required for completion of the Project, additional services, if any, and any required extensions approved by the Owner. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The Design Professional shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the Owner, acting through its City Manager or his designee. } 1.4 Design Professional shall make presentations on the progress of the Project before the City Council as may be required by the City Manager or his designee. SECTION 2 COMPENSATION The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES: 2.1.1 For Basic Services, the total compensation shall be $220,000. 2.1.2 Progress payments for Basic Services shall be paid in the following percentages of the total compensation for the Basic Services satisfactorily completed at the end of the following phases of the project: Fire Station #7: Schematic Design Phase 30% Design and Development Phase 20% Construction Documents Phase 15% Bidding Phase 10% Construction Phase 25% 2.2 ADDITIONAL SERVICES: 2.2.1 Compensation for Additional Services is as follows: Principals $150 per hour Associates $110 per hour Technical Staff $75 per hour Clerical Staff $65 per hour 2.2.2 Compensation for Additional Services of consultants, including additional structural, mechanical, and electrical engineering services shall be based on a multiple of 1.1 times the amounts billed to the Design Professional for such Additional Services as indicated on Attachment A, and in an additional amount not to exceed $14,500. 2.3 REWBURSABLE EXPENSES: Reimbursable Expenses shall be a multiple of 1.1 times the expenses incurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions, but not to exceed a total of $15,500 without the prior written approval of the Owner. SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed Agreement and the following documents, all of which are attached hereto and made a part hereof by reference as if fully set forth herein: Page 2 This Agreement includes this executed Agreement and the following documents, all of which are attached hereto and made a part hereof by reference as if fully set forth herein: 1. City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. RFSP 43324 for Public Safety Training Facility Master Plan and Fire Station #7 Design. 3. The Design Professional's proposal dated April 12, 2005. 4. Attachment A. This Agreement is signed by the parties hereto effective as of the date first above written. CITY OF DENTON MICHAEL A. CONDUFF CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: :c XM JAMES R. KIRKPATRICK, INC. DBA K.IRKPATRICK ARCHITECTURE STUDIO IN, (;;~24 J S AT CK O WITNESS: BY: SA0ur DocumentslContracts105Uiire station Tdoc Page 3 Attachment A Compensation for Services Scope of Services Compensation Basic Services $220,000 ADA Compliance Included State Energy Compliance Included ` Technology Design Included Security Design Included Landscape Design Included Acoustic Design Included Site Si a e Included Contingency Contract Cost Included Additional Services Platting $8,850 Geotechnical l Soil Testing $3,900 Topographic Survey (2 acres) $1,750 Reimbursable Expenses $15,500 Total $2509000 I CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES i 1.1 The Architect or Engineers services consist of those services for the Project (as defined in the agreement (the "Agreemenf') and proposal (the "proposal") to which these General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional"} or Design Professional's employees and consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services" 1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily ;I. exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the "Degree of Care), The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project f: Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of I. Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in temrs of the other, subject to the limitations set forth in Subsection 52.1. 2.23 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.25 The Design Professional shall submit to the Owner a preliminary probable estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 23.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design professional represents that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project. 23.2 The Design Professional shall advise the Owner of any adjustments to the preliminary probable estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2A.1 Based an the approved Design Development Documents and any Anther adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. 2.43 The Design Professional shall advise the Owner of any adjustments to previous preliminary probable estimates of Construction Cost indicated by changes in requirements or general market conditions. 2A.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project 2.5 CONSTUCTION CONTRACT PROCUREMENT 25.1 The Design Professional, following the Owner's royal of the Construction Documents and of the latest preliminary probable estimate of Construction Cost, , shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without Page 1 of 8 S:1Our DocumentslContracts1051kirkpatrick general conditions.doc Revised 5-30-02 limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole discretion of the Owner. 25.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable IIII Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction lu Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionals the administration shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement 2.6.3 Construction Phase duties, responsibilities and lirnitations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument 2.65 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis- sions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons perfornming portions of the work. 2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. 2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and. that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents cor- rectable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification ofperfommance characteristics Page 2 of 8 S:IOur DocumentslContracts1051Hrkpatrick general conditions.doc Revised 5-30-()Q 2 I Of materials, systems or equipment is requited by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will mect the performance criteria required by the Contract Documents. 2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contact Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time lirnits agreed upon. 2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence ofnegligence. 2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will indemnify the Owner for all damages caused by the negligent designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any I,• rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 32 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional shall have no obligation t to monde those services. Owner will be provide responsible for compensating the Design Professional for Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed by the Owner and Design Professional. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner. 33.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2. 3.33 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders 'and Construction Change Directives. 33.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 33.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of perfomrance of either the Owner or Contractor under the Contract for Construction. Page 3 of 8 S:\Our Documents\Contacts1051kirkpatrick general conditions-doe Revised 5-30-02 33.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work 3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is patty thereto. 3.3.8 Providing services in addition to those required by Article 2 for preparing documents for altemate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 339 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3A3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3A.4 Providing services relative to future facilities, systems and equipment 3A.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3A.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.9 Providing analyses of operating and maintenance costs. 3A.14 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3A.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3A.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction. 3A.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3A.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3A.17 Preparing a set of reproducible record drawings in addition to those; required by Subsection 2.6.19, showing significant changes in the work made during con- struction based on marked-up prints, drawings and other data famished by the Contractor to the Design Professional. 3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused ornecessitated in whole or in part due to the negligent art or onvssion of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not linnit the Design Professional's obligations under this Subsection 34.18. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci- fically described in Subsection 2.2.1. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owners other costs and reasonable contingencies related to all of these costs. 43 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. Page 4 of 8 S:\Our DocumentslContracts1051kirkpatrick general conditions.doc Revised 5-30-02 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for th e site of the Project and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and re- sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services. 4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chernical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the I' Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Projector nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement. ARTICLES CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFINED 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials famished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con- tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-,f-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 52 RESPONSIBH rFY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary probable estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 52.2 No fixed limit of Const uction Cost shall be established as a condition of the Agreement by the furnishing proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased. in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of subrnission of the Construction Documents to the Owner and the date on which proposals are sought. ARTICLE 6 OVVNERSIRP AND USE OF DOCUMENTS I 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to this Project, and Owner's use of such documents in other projects or in any additions or alterations of this Project not prepared by the Design Professional shall be at Owner's sole risk and expense. In the event the Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in thatproject Page 5 of 8 S:lOur DocutentslContacts1051kirkpatrick general conditions-doe Revised 5-30-02 i 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Design Professional's reserved rights. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services. 7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently I; abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non- performance and cause for termination. 7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement 7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to termination. ARTICLES PAYMENTS TO THE DESIGN PROFESSIONAL 8.1 DIRECT PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses. 8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and other documents. 8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 8.2.15 Other expenses that are approved in advance in writing by the Owner. 8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 83.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work 83.2 if and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement 83.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 8A PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 8A.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly withal 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred. Page 6 of S S:IOur DocumentslContracts105gdrkpatrick general conditions.doc Revised 5-30-02 r 8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's cotnpensation on account of penalty, liquidated damages or other sums withheld from PaYmants to contractors, or on account of the cost of changes in the work other Ethan those for which the Design Professional is responsible. 8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall snake available to Owner or Owners authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services perfomxd on the basis of a multiple of Direct Personnel Expense for inspection and E copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is later. ARTICLE 9 INDEMNITY 9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its'officers, shareholders, agents, or employees in the performance of the Agreement. 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses, L both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate. 10.2 Automobile Liability Insurance with bodily injury limits of not less than $50,000 for each person and not less than $100,000 for each accident, and with property damage limits of not less than $50,000 for each accident. 10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10. ARTICLE 11 MISCELLANEOUS PROVINIONS 11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other patty with respect to all covenants of this Agreement The Design Professional shall not assign its interests in the Agreement without the written consent of the Owner. 113 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given priority in the following order: 1. The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11A Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project 11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. Page 7 of 8 S:1Our Documents\Contracts1051kirkpatrick general conditions.doc Revised 5-30-02 11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. 11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended during the term of this Agreement. 11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in anyway affect the substantive terms or conditions of the Agreement. I; Page 8 of 8 S:lOur Documents\Contracts1051kirkpatnek general conditions.doc Revised 5-30-02 ~f Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 RFS P #3324 r For Public- SafetTraining Facilit Master Plan and Fire Station #7 Desi n PROPOSALS DUE: April 12, 2005 2:00 P.M. Proposal submitted by: Company Name R.VEQ.UEST FOR SEALED PROPOSAL 3324 Cif of Denton Public Safety Training Facility Master Plan Fire Station 7 1. GENERAL INFORMATION A. Project Title: Public Safety Training Facility Master Plan Fire Station #7 B. Project Location: South West Corner of Bonnie Brae and Vintage Parkway City and County of Denton State of Texas C. Project Intent: 1. The City of Denton has purchased 88-acres for a combined Public Safety Training Facility and Fire Station 97 on the south west comer of Bonnie Brae and Vintage Parkway. 2. The City of Denton ("Owner") is in the process of selecting an architectural/engineering firm for the development of a Public Safety Training Facility Master Plan and Fire Station #7 design and construction. This joint project is unique in that it will develop a Master Plan for a Police Department and Fire Department Training Facility with training and administrative offices, firing range, bum building, fire tower, driving track and classrooms and a large community/training room along with the design and construction of an operational and fully functioning modern fire station. 3. The selected Proposer will be required to work closely with the Owner throughout the process as well as effectively interacting and communicating with members of a select Police Department, Fire Department and North Central Texas College (NCTC) Design Team. 4. Therefore, the selected Proposer must include a combination of experience in r public facility/fire station design and construction as well as complex combined training facilities for public safety departments, including state of the art firing ranges. There is nothing in this Request for Proposal that would limit the Proposer from forming a team that meets the combination of successful experience in fire station design and comprehensive public safety training facilities. D. Estimated Project Budget: Page 2 S:lprch181D5 SPEM0 00-3 9 9913 324Public Safety-Station Tdoc REQUEST FOR SEALED? PROPOSAL 3324 City of Denton Public Safety Training Facility Master Plan Fire Station #7 1. The total currently available project budget = $4.35 million 2. Additional budgeted project funds in 2006/2007 = $8.2 million. 3. Forecast additional project funds in 2010 = $8.0 million. II. ARCHITECT/ENGINEER SCOPE OF SERVICES: A. Provide all services to complete the project including. 1. Master Plan Design of project and phased in approach to the Public Safety Training Facility based on budget and operational considerations including but not limited to: a. Land utilization b. Cost savings/analysis c. Shared use by public safety agencies d. Access and egress e. Security and safety f Energy conservation g. Environment issues h. Use of utilities including water, natural gas, fiber, telephone, etc. i. Potential alternative future uses by the City of Denton. 2. Design Development for Fire Station #7: Not limited to but to include designing the building in relationship to Operations and Maintenance cost and efficiencies related to the building being a valuable useable facility for future years (30 years plus). 3. Construction Documents for Fire Station #7: To include written documentation from the State of Texas concerning the waiver of ADA requirements and/or confirming that all drawings and documents meet ADA requirements and guidelines before bidding.the project. 4. Specification (Statement of Probable Costs) for Fire Station #7: To include construction estimates but not limited to exterior landscaping, utilities, electrical, water and furniture installation costs. Also the estimates of Operations and Maintenance annual costs to operate the new building, maintaining the building, and securing the building in a safe manner, i.e., may include fiber, telephone utility. 5. Satisfying all City and State planning and building requirements. Page 3 S:lprch%BIDS SPEM3000-399913324Public Safety-Station Tdoc BEQUEST FOR SEALED PROPOSAL 3324 City of Dertton Public Safety Training Facility Master Plan Fire Station 7 6. Examining possibilities of designing facilities based on the principles of sustainability and energy conservation. 7. Bidding for construction will be sent out and received by the City of Denton Purchasing Department as per State statute. The recommended firm will be expected to attend: numerous City of Denton Facilities Management Department meetings, some Community meetings, some Planning and Zoning Committee meetings and some City of Denton City Council meetings. B. Contents of Proposal: The architect/engineer's information should be concise and may be supported by any exhibits that demonstrate the firm's (team's) qualifications and experience in building fire stations and preserving historical buildings. The information should address the following: 1. Credentials of the architect/engineer (team) that will be directly involved in the project for Fire Station ##7 and the Public Safety Training Facility Master Plan. 2. A description of the procedure in which the architect/engineer (team) will work with City staff. 3. A description of the procedure in which the architect/engineer (team) will work with City Departments including the Police Department, Fire Department and Facilities Management along with any consultants specialized in specific design elements of the project. 4. A list of related projects and clients that may be contacted for additional information. 5. Demonstrated experience in sustainable design. 6. How the architect/engineer (team) will accomplish the project specifically building a modem state of the art fully operational fire station along with a comprehensive state of the art public safety training facility. 7. Architect may be required to use the City of Denton assigned mechanical engineer. C. Architectural Design Scope of Work for Eire Station #7: 1. A fire station, which includes the following: Page 4 S:Iprrh\BIDS SPEC13000-399913324Public Safety-Station 7.doc REQUEST FOR SEALED PROPOSAL 3324 City of Denton Public Safety Training Facility Master Plan Fire Station #7 a. Four bay apparatus room - 4,800 square feet: 1 engine/quint company 1 brush apparatus 1 ambulance company ■ 1 reserve engine 1 training engine 1 reserve ambulance b. Living quarters for up to 8 24-hour shift personnel - 8,000 square feet. C. Dormitory quarters for: ■ 1 station captain ■ 2 drivers ■ 5 f ref ghters ■ 4 recruit firefighters d. Offices for: ' 1 station captain ■ 1 for 3 work stations Lobby into fire station e. 1,000 square foot community/training room. C. Master Plan Scope of Work for Public Safety Training Facility: 1. Burn building 12,000 square feet Computer controlled * Multi-station ■ Meets all safety standards 2. Fire Tower/outside training ■ 5 stories ■ Haz mat area ■ Drafting pit Gasoline tanker prop ■ Fire pit ■ Concealed space rescue ■ Swift water rescue 3. Public Safety Training Facility of 36,600 square feet. Page 5 SApmh\BJD5 SPM3000-399913324 Public Safety-Station 7.doc REQUEST FOR SEALED PROPOSAL 3324 City of Denton Public Safety Training Facility Master Plan Fire Station 7 a. Police Department, Fire Department and NCTC Training and Administration offices: (1) Offices for approximately 8 administrative and training staff from the Police Department, Fire Department and NCTC. (2) A large conference room, small meeting room and break area and suitable restroom/locker facilities. b. Classroom facility: (1) Large community/training stadium seating classroom suitable fox 100 occupants in a large college-type atmosphere. (2) 4 classrooms of 1,100 square feet each suitable for 36 students each. (Total of 4,400 square feet). (3) 4 classroom of 600 square feet each suitable for 20 students each. (Total of 2,400 square feet). (3) Locker room suitable for 40 males and 30 females. (4) Fitness facility of 6,000 square feet. C. "Dirty" room(s) for crews in training. d. Parking for 100 vehicles. 4. Firing range: ■ Training room of 800 square feet. • Ammunition and Firearms storage of 300 square feet. ' Rest rooms of 300 feet each for total of 600 square feet. Office of 100 square feet. ■ 20 shooting stations • Control booth Sniper range Shoot house • Sound reduction considerations • Environmental considerations 5. Driving track: • Driving track of 117,750 square feet. • Emergency driving training range extension to shooting range of 97,500 square feet. Page 6 S:lprch\BIDS SPEC13000-399913324Public Safety-Station Tdoc REQUEST FOR SEALED PROPOSAL. 3324 City of Denton Public Safety, Training Facility faster flan Fire Station 7 ■ Additional 96,800 square feet future expansion. 6. Public Safety Communications and City Emergency Operations Center. 7. Develop a phased in approach to the Public Safety Training Facility based on possible budget and use scenarios. D. A copy of the City's Standard Agreement for Architects Services is attached. E. Comply with ADA regulations, City ordinances, Planning and Development Code and all Fire and Building codes. F. Construction administration will be completed by the City of Denton Facilities Management Department. G. Produce budget information and cost estimates for Fire Station #7 prior to bid and as needed before beginning construction. IV. SELECTION PROCESS A. Receipt of Proposals: One (1) original copy and six (6) copies of the proposal must be submitted on or before April 12, 2005 at 2:00 p.m to: City of Denton Purchasing Department Attention: Tom D. Shaw, Purchasing Agent 901 B Texas Street Denton, Texas 76209. The envelope containing the proposals shall be sealed and bear the name and address of the Proposer and shall be plainly marked as follows: B. Basis of Proposal Comparison/Evaluation: Proposals will be compared/evaluated on the basis of the following: Page 7 S:lprch\BIDS SPEC13000-3999M24Public Safety-Station Tdoc REQUEST FOR SEALED PROPOSAL 3324 City of Denton Public Safety Training Facility Master Plan Fire Station 7 1. Proposer's previous successful history master planning joint use comprehensive public safety training facilities including but not limited to burn buildings, fire training towers, classrooms, driving tracks and firing range designs = 25% 2. Proposer's previous successful project history with public facilities and especially fire station design and construction = 35% 3. Demonstrated ability to work successfully with local, jurisdictions with their unique development plans and building process =10% 4. Qualification of the Proposer and ability to perform the work = 20% 5. Creative approach = 10% Interviews will be conducted by an evaluation committee, who will then make the final recommendation to City Officials for approval. C. Method of Award: 1. Following the deadline for receipt of proposals, .all proposals submitted will be analyzed and reviewed by Owner. The Owner reserves the right not to accept any proposal, or to reject any or all proposals and to waive defects or irregularities in any proposal, at its discretion. The Owner will select the Proposer, who at the sole discretion of the Owner, is the most responsible and beneficial Proposer to the Owner and will then have the right to negotiate a contract based on all factors involved in the proposal. 2. After selection, the successful Proposer and the Owner will then negotiate and complete all necessary documentation and contracts. During contract development and negotiation, the successful Proposer shall not contact any Owner official except the individual designated to act on the Owner's behalf during this process. If a successful agreement cannot be reached with the first selected Proposer, the Owner will then negotiate with the next Proposer and continue this process until an acceptable agreement is reached. Page 8 S:Iprch181D5 SPEC13000-399913324Public Safety-Station Tdoc REQUEST FOR SEALED PROPOSAL 3324 City of Denton Public Safety Training Facility Master Plan, Fire Station 7 SAMPLE PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into as of the day of 20 , by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 78201, hereinafter called "Owner" and Firm, with its corporate office at hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, (describe the Project in the space below or in an attachment) Page 9 S:lprchlBIDS SPEC13000-3999M24PUbiic Safety-Station Tdoc REQUEST FOR SEALED PROPOSAL 3324 City of Denton Public Safety Training Facility. Master Plan Fire Station 7 SECTION 2 COMPENSATION The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES 2.1.1 For Basic Services the total compensation shall be $ 2.1.2 Progress payments for Basic Services shall be paid in the following percentages for of the total compensation for the Basic Services satisfactorily completed at the end of the following phases of the Project: Schematic Design Phase Design and Development Phase Construction Documents Phase Bidding Phase Construction Phase % 2.2 ADDITIONAL SERVICES 2.2.1 Compensation for Additional Services is as follows: Principals $ per hour Associates per hour Technical Staff per hour Clerical Staff per hour 2.2.2 Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services shall be based on a multiple of times the amounts billed to the Design Professional for such additional services. 2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of times the expenses incurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $ without the prior written approval of the Owner. Page 10 SAprchkBIDS SPEC13000-3999M24Public Safety-Station Td°c REQUEST FOR SEALED PROPOSAL 3324 City of Demo Public Safety, Training Facility, Basler Plan Fire Station 7 SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: 1. City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. The Design Professional's Proposal 3. Attachments _ through This Agreement is signed by the parties hereto effective as of the date first above written. CITY OF DENTON BY: MICHAEL A. CONDUFF CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL {FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: DESIGN FIRM BY: Firm's Officer/Representative WITNESS: BY: Page 11 NprchUDS SPEC13000-399913324 Public Safety-Station 7.doc REQUEST FOR SEALED PROPOSAL 3324 Cif of Denton Public Safe Training Facility Master Plan Fire Station Z CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES 1.1 The Architect or Engineers services consist of those services for the Project (as defined in the agreement (the "Agreement') and proposal (the "Proposal") to which these General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services"}. 1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorlbes having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include without ilmitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in terms of the ether, subject to the limitations set forth in Subsection 5.2.1. 2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shali comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owners approval of the documents, Design Professional represents that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project 2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Page 12 S:%prch\BIDS SPEC13000-399913324Public Safety-Station Tdoc REQUEST FOR SEALED PROPOSAL 3324 City of Denton Public Safety Training Facility Master Plan Fire Station 7 Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. '2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. 2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Design Professional shall assist the Owner in connection with the Owners responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project 2.5 CONSTUCTION CONTRACT PROCUREMENT 2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, snail assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole discretion of the Owner. 2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probabie Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.32. 2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionalss the administration shall also be in accordance with AIA document A201, General Conditions of the Con- tract for Construction, current as of the date of the Agreement as may be amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement. 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owners direction from time to time during the correction, or warranty period described in the Contract for Construc- tion. The Design Professional shalt have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument 2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while construction is not in progress, to become familiar with the progress and quality of the work completed and to detennine if the work is being performed in a manner indicating that the work when completed will be in accord- ance with the Contract Documents. Design Professionai shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiendes in the work of Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or failure to cant' out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omissions, The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. Page 13 S:lprchlBIDS SPEC13000-399913324Public Safety-Station Tdoc REQUEST FOR SEALED PROPOSAL 3324 City of Dutton Public Safety Training Facility Master Plan Fire Station #7 2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work and eva4uations of the Contractors Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. 2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional 's observations at the site as provided in Subsection ZE5 and on the data comprising the Contractors Application for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractors submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or perfor- mance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.33, for the Owners approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents- 2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. Page 14 S:lprcMSlDS SPEC%3000-399913324Public Safety-Station Tdoc REQUEST FOR SEALED PROPOSAL 3324 City of Denton Public Safety Training Facility Master Plan Fire Station 7 2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.5.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written approval from the Owner to proceed, If the Owner indicates in writing that all or part of such Con- tingent Additional Services are not required, the Design Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 if more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed by the Owner and Design Professional. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Drawings. Specifications or other documents Men such revisions are: 7. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3, due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connec- Lion with Change Orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 3.3.7 Providing services in connection with a public hearing, arbitration proceeding or Segal proceeding except where the Design Professional is party thereto. Page 15 Y prch\BIDS SPEC13DO0-399913324Public Safety-Station 7.doc REQUEST FOR SEALED PROPOSAL 3324 City of Denton Public Safety Training Facility Master Plan Fire Station 7 3.3.8 Providing services in addition to those required by Article 2 for preparing documents for altemate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, ail services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's ob4gations under this Subsection 3.3.9. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.4 Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.7 Providing coordination of construction performed by separate contractors or by the Owners own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.9 Providing analyses of operating and maintenance costs. 3.410 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction. 3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering por- Eons of the Project provided as a part of Basic Services. 3.4.16 Providing any other services not otherwise inducted in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.4.97 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Professional. 3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18. ARTICLE 4 OWNER'S RESPONSIBILITIES Page 16 S:Iprch\BIDS SPEC13000-3999Q324Publ1c Safety-Station 7.doc REQUEST FOR SEALED PROPOSAL 3324 City of Denton Public Safety Training Facility Master Plan Fire Station T 4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, inciuding (1) the Owner's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more specifically described in Subsection 2.2.1. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owners other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owners behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, 2Wys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipati ng sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services. 4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement. ARTICLE 5 CONSTRUCTION COST 51 CONSTRUCTION COST DEFINED 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 8.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. Page 17 S:Iprch\BIDS SPEC13000-399913324Public Safety-Station 7.doc REQUEST FOR. SEALED PROPOSAL 3324 City of Denton Public Safety Training Facility Master Plan Fire Station #7 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construc- tion Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professiona# cannot and does not warrant or represent that bids or cost proposals wilt not vary from the Owner=s Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment.of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. if such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that project 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Design Professional's reserved rights. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substan- tially to perform in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption or the Design Professional's services. 7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written notice. 7,4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial nonperformance and cause for termination. 7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement. 7.6 In the event of termination not the fault of the Design Professional, the Design Professiona! shall be compensated for services properly and satisfactorily performed prior to termination. Page 18 S:lprchGIDS SPEC13000-399913324Public Safety-Station 7.doc REQUEST FOUR SEALED PROPOSAL 3324 City of Denton Public Safety Training Facility Master Plan Fire Station #7 ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL 8.1 DIRECT PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses. 8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Pro- ject. 8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and other documents. 8.2.1.3 if authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 8.2.1.5 Expense of computer-aided design and drafLng equipment time when used in connection with the Project. 8.2.1.6 Other expenses that are approved in advance in writing by the Owner. 8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work. 8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement. 8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred. 8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible. 8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is later. ARTICLE 9 INDEMNITY 9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attomey fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreement. Page 19 S:lprcMBIDS SPEC13000-399913324Public Safety-Station Tdoc REQUEST FOR SEALED PROPOSAL,, 3324 City of Denton Public Safety 'raining Facility, Master Plan Fire Station 7 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Mate Carriers of at least an A- or above. 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate- 10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. 10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas, 11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without the written consent of the Owner. 11.3 The tens Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions, However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given priority in the following order: 1. The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's confidential or proprietary information if the Owner has previously . advised the Design Professional in writing of the specific information considered by the Owner to be confidential or proprietary, The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project 11.6 Approval by the Owner shat! not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their Page 20 S:lprcMBIDS SPEC13000-399913324Pubiic Safety-Station 7.doc REQUEST FOR SEALED PROPOSAL 3324 City of Denton Public Safety Training Facility Master Plan Fire Station 7 designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. 11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shay be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. 11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision, 11.4 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended during the term of this Agreement. 11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement. Page 21 S:lprch\BIDS SPEC13000-399913324%blic Safety-Station Tdoc i m . k N N rpp O YTfAN p City of - m A m m 0 De t%-AP-ML A ~ U o O U 6 CAO G IS E ID c°w CO ~t cU~ty y N E = 111 A E Z J ff LLI Z t a 0 a 6 } h 9831 ~ Response to: e RFSP #3324 ` - for Public Safety Training Facility Master Plan - and Fire Station #7 Design Submitted: April 12, 2005 a 1 ~ K q S 1 12 April 2005 1 City of Denton 1 Purchasing Department Attention: Tom Shaw, Purchasing Agent > 901-B Texas Street } Denton, Texas 76209 ► Re: RFSP #3324 Architectural Services for Public Safety } Training Facility Master Plan and Fire Station #7 Design Dear Mr. Shaw. ► It is with great enthusiasm that we submit our proposal to provide services for the Denton Public Safety } Training Facility Master Plan and Fire Station #7. This project holds great importance to the City of Denton's y public safety and to the professionals that serve our community. Understanding its significance, we have assembled an outstanding team of architectural, engineering and emergency training professionals ► experienced in fire station design and comprehensive public safety training facilities. t Our team provides the City of Denton significant advantages, including: } . Preeminent design experience in master planning of public safety training facilities 3 . Extensive design experience in fire stations • Experience in the design of tactical training facilities . Successful record of educational facility design 1 • Expertise in educational programming and operation of tactical training facilities } • Established rapport between the KAS Team and the City of Denton ► These advantages, combined with our passion and your collaboration, will make a superior project to serve ► the needs of the growing community. Having worked successfully with both the Police and Fin=. Departments, as well as with City Staff, we look forward to the opportunity to continue the professional 1 relationship with the City of Denton. l Best regards, Ja s R. Kirkpatrick 1 resident ► 1 100 West Mulberry 940/387.8182teI Denton ,Texas 940/383.0262fax 7 6 2 0 1 www.k-a-studio.com 1 J r ' TABLE OF CONTENTS s i s ) i ONE. } PROJECT TEAM i TEAM MEMBERS AND THEIR ROLE IN THE PROJECT PROJECT TEAM ORGANIZATfON CHART J 1 TWO. ARCHITECTS AND DESIGN CONSULTANTS } KIRKPATRICK ARCH -ECTURE STJJDIO-DESIGN ARCI-1ITECTS STEWART COOPER NEWELL - CONSULTING ARCHITECTS 4 TOMMY A. ABERCROMBIE - EMERGENCY SERVICE TRAINING FACILITY DESIGN CONSULTANT ) } THREE. PROJECT APPROACH } WORMG WITH CITY DEPARTMENTS WORKING WITH CITY STAFF WORKING WITH COMMUNITY GROUPS i SUSTAINABILITY } 1 FOUR. CONSULTANT QUALIFICATIONS KIMLEY-HORN & ASSOCIATES - CIVIL ENGINEERING ISBELL ENGINEERING GROUP - STRUCTURAL ENGINEERING I DALE W. CAFFEY CONSULTING ENGINEERS - MEP ENGINEERING SPINNAKER TECHNOLOGY GROUP - INFORMATION TECHNOLOGY CES - COST ESTIMATING CONSULTANT i ) } I K I R K P A T R I C K A R C H I T E C T U R E S T U D 1 0 1 I i } For the City of Denton's Public Safety Training Facility } Master Plan and Fire Station #7 Design, Kirkpatrick Architecture Studio is presenting the award-winning design ' team that was so successful in completing the Denton Central Fire Station in 2003 (less the historic preservation consultants). We have enhanced the team with the addition of an Emergency Service Training Facility I Consultant, Tommy Abercrombie, to meet the specific needs j of this project. 1 l } } i } 1 } 1 f } 1 K I R K P A T R I C K A R C H I T E C T U R E S T U D 1 0 } TEAM MEMBERS AND THEIR ROLES 1 1 } JAMES R. KIRKPATRICK SINGLE POINT OF CONTACT } KIRKPATRICK ARCHITECTURE STUDIO 940.387.8182 Lei jim@k-a-studio.com i DESIGN ARCHITECTS } KIRKPATRICK ARCHITECTURE STUDIO MASTER PLANNING } PROJECT MANAGEMENT } STEWART COOPER NEWELL CONSULTING ARCHITECTS MASTER PLANNING } } EMERGENCY SERVICES TOMMY A. ABERCROMBIE TRAINING FACILITY DESIGN CONSULTANT MASTER PLANNING l 1 } KIMLEY-HORN & ASSOCIATES, INC. CIVIL ENGINEERING MASTER PLANNING i r } ISBELL ENGINEERING GROUP, INC. STRUCTURAL ENGINEERING } 1 DALE W. CAFFEY CONSULTING ENGINEERS, INC. MEP ENGINEERING } SPINNAKER TECHNOLOGY GROUP INFORMATION TECHNOLOGY CONSULTANT } 1 COMPUTERIZED ESTIMATION SERVICES (CES) COST ESTIMATING } K I R K P A T R I C K A R C H I T E C T U R E S T U D 1 0 } CiTX.Qp DENTOt+1 Public Safety Trdinirag, Faciiity Master Plan and Fire StC fion fT Project: } } Kirkpatrick Architecture Studio Design Architect } James R. Kirkpatrick, AIA } Si6gle~ Potnt_of Contact Stewart Cooper-Newell- Thomas A4 Alsercrornbie Consultfrtg A-rchifect5_ f~esig t -,095P i- n 1 a } } OrdeyLLHorn } EngineerirQ-Consultant l is'bel! tngirf~erir~~ ~i~oup ►tr fry - l Engineering Qonsultdff } 1 ~aie_W. Gaffey r~ s~Fiaf gipeers Er irTt?ftClrkt~ C0 1511}far1f } l l Spirrnal r ec hot" aro~tp } } } K I R K P A T R I C K A R C H I T E C T U R E S T U D 1 0 1 i Kirkpatrick Architecture Studio } i Design Architect } Firm Profile } Resumes: James R. Kirkpatrick, AIA j Michael D. Howard David M. Robinson } Related Protects: Master Planning Experience } Denton Central Fire Station Denton Police Station Interior Renovation Denton Jail Renovation City of Denton Service Center DISD Administration Building Universidad de Celaya - Master Planning, Classroom Building } University of North Texas Projects j Texas Woman's University Projects f } } } 1 r 6 } j } l FIRM PROFILE 1 } i KAS is a full service architecture, planning, and interior design firm which has a f long-standing reputation for quality design and leadership. A respected anchor in the professional community, it has contributed to the design of numerous landmark structures, locally, regionally, and internationally. I -As a firm, we excel in the practice of architecture and are fully committed to provide exceptional service to our clients and maintain } growing professional relationships with them. It is our goal to meet the } needs of our clients by creating a functional, cost-effective, aesthetically pleasing design. } Office information Firm Name: Kirkpatrick Archtecture Studio Type of Firm: Professional Corporation Founded: 1978 Address: 100 West Mulberry Street Denton, Texas 76201 } Telephone: (940) 387-8182 Fax: (940) 383-0252 E-mail: info@k-a-studio.com Contact: James R. Kirkpatrick Website: www.k-a-studio.com ) Services - Architectural Design - Master Planning - Long Range Development Planning - Facilities Program Development • Space Planning - Interior Design - Construction Administration - Graphic Design } k "::m • Architects 1 - DataCAD 11 • Architectural Interns 3 - Adobe Photoshop CS Project Manager 3 - Adobe Illustrator CS • Graphic Design 1 - Adobe InDesign CS Office Administration 2 - Adobe GoUve CS K I R K P A T R I C K A R C H I T E C T U R E S T U D 1 0 PERSONNEL James R. Kirkpatrick, AIA Lead Architect/CEO Jim has more than 25 years experience as an Architect, as well as a busi- ness owner. He will oversee the project in every phase from beginning to completion, and in being supported by exceptional technical staff is capable of meeting mutually established schedules and deadlines. Michael D. Howard Project Manager - Field Operations Michael has 25 years experience in architecture and construction. He has led construction administration and construction management for our firm for more than 15 years. > David M. Robinson Project Manager - Production With nearly ten years of experience, David has returned to Kirkpatrick } Architecture Studio to lead the KAS production team from the sche- matic design through construction and completion. ) Thomas R. Wood Project Manager - Quality Control Thomas (Ty) has recently joined the KAS team to ensure consistency and quality in the construction documents. He joins KAS with over five years experience in construction and architecture. ) Jose Gonzalez Architectural Intern } Jose joined Kirkpatrick Architecture Studio in 1996. Since then he has 1 been instrumental in the production of contruction documents and the timely completion of projects. f Evelyn Lopez Corum Architectural Intern Evelyn is a recent graduate of the university of Houston, and has been with KAS nearly two years. As a CAD Technician and Architectural Intern, Evelyn will be assisting in the Programming, Schematic Design, } Construction Documents Production and Construction Administration. Timothy Carl Deaton Architectural Intern Since Tim joined KAS in May of 2004 he has assisted in the completion of Construction Documents. He also assists the marketing department by 1 constructing models for presentation. y K I R K P A T R I C K A R C H I T E C T U R E S T U D I O h } James R. Kirkpatrick, AIA ) dead Architect/CEO 1 - Jim has more than 30 years experience as a Licensed Architect, as well as a business owner. He will oversee the project in every phase from beginning to completion, and in being supported by exceptional technical staff is capable of meeting mutually established schedules and deadlines. } Education Texas A&M University Bachelor of Architecture i Master of Architecture Regisfrafions Professional Associations > TX No. 5491 American Institute of Architects (AIA) AR No. 1371 NM No. 1203 National Council of Architectural Registration Boards (NCARB) OK No. 1729 Texas Society of Architects (TSA) Fort Worth Chapter AIA i AIA Continental Europe } Hispanic Chamber of Commerce ) Professional References Mr. Jerry Dickson Mr. Robert Sherman } Superintendent-Retired Cumberland Presbyterian Whitesboro I.S.D. Children's Home / Sherman Building 3907 Roland Rd. 101 North Elm Whitesboro, TX 76273 Denton, TX 76201 (903).564-6317 (940) 4848778 ) } Mr. Charles Fenoglio Mr. Glen Martin President Denton I.S.D. > Sanger Bank 230 North Mayhill Road } 501 N. Stemmons Freeway Denton, TX 76208 Sanger, TX 76266 (940) 390-0893 (940) 458-4602 } i Mary Helen Martin Larry Reynolds Principal Southmont Baptist Church Ginnings Elementary School 2801 Pennsylvania 2525 North Yellowstone Place Denton, Texas 76201 Denton, Texas 76201 (940) 566-3313 (940) 369-2700 Mr. Kent Miller Trinity Presbyterian Church 2200 Bell Avenue Denton, Texas 76201 (940) 324-8815 1 Michael D. Howard Project Manager Feld Operations Michael has 25 years experience in architecture and construction. He has led construction administration and construction management for our firm for more than fifteen years. Education } University of Texas at Arlington } Bachelors in Architecture Professional Experience Kirkpatrick Architecture Studio 1991-Present Denton, Texas Project Manager Pearl Incorporated Dept. of Real Estate and Construction 1990 } Dallas, Texas Manager of Architectural Services } James R. Kirkpatrick, Architect 1986-1989 Denton, Texas Project Manager Robert E. Horn Associates, Architects 1981-1986 Denton, Texas Architect Intern Pierce General Contractors 1978-1981 Denton, Texas Project Manager ) i Project Experience University of North Texas - Additions & Renovations Physics Building } General Academics Building Biology Building > Engineering Tech Building I Matthews Hall Chemistry Building R Business Administration Building i Universidad de Celaya - Cafeteria & Dining Facility; Guanajuato, Mexico McNair Elementary; Denton, Texas Hodge Elementary; Denton, Texas Borman Elementary; Denton, Texas First State Bank of Texas - Main Branch, North Denton Branch, UNT Branch, Kaufman Branch, The Colony Branch Cumberland Presbyterian Children's Home - Campus Plan & Additions/Reno- vations; Denton, Texas Argyle High School - Additions and Renovations; Argyle, Texas Hilltop Elementary School; Argyle, Texas Calhoun Middle School - Fine Arts Addition; Denton, Texas } David M. Robinson, LEEDAP Project 'Manager Production With nearly ten years of experience, David has returned to Kirkpatrick j Architecture Studio to lead the KAS production team from the schematic design through construction and completion. } Education j Texas A&M University Masters of Architecture } Southwestern University } Bachelor of Arts in Political Science Professional Experience } Kirkpatrick Architecture Studio October 2004 - Present > Denton, Texas } Project Manager 1 Gensler 2001-2004 } Dallas, Texas Associate } } 3C - i 1997-2001 j Dallas, Texas Associate 3 } James R. Kirkpatrick, Architect 1993-1994 Denton, Texas Architectural Intern Project Experience j Bank One Operations Center Schlumberger, Conveyance and Delivery Center; Sugar Land, Texas LINT Classroom Ronovations; Denton, Texas 401 Carlson Parkway; Minnetonka, Minnesota } 401 Carlson Garage; Minnetonka, Minnesota l A. Nieto Residence; Celaya, Guanajuato, Mexico Carlson Center Conservatory; Minnetonka, Minnesota } Carlson Center Link; Minnetonka, Minnesota Dallas Cowboys Golf Club Pavilion; Grapevine, Texas Dallas Cowboys Golf Club; Grapevine, Texas EDS, Shepherd Mall; Oklahoma City, Oklahoma j First State Bank Renovation; Denton, Texas First State Bank; Colony, Texas } Fossil Creek Tech Center Granite Plaza Office Building; !ruing, Texas } James R. Kirkpatrick, Architect Offices; Denton, Texas JC Penney Store # 1943 Renovation; Hurst, Texas Lincoln Center Restroom Renovations One Telecom Office Building; Richardson, Texas R. Nieto Residence; Celaya, Guanajuato, Mexico Rapp Collins World Headquarters; Irving, Texas Scalamandre Showroom; Dallas, Texas Sherman Building; Denton, Texas i Tangle Ridge Golf Clubhouse Renovation Plan; Grand Prade Texas Vandergriff Toyota Automobile Dealership; Dallas, Texas ' Whitesboro Middle School; Whitesboro, Texas r Master Planning Southmont Baptist Church 1 Long-Range Development Plan } Design Phase 1: Fellowship Hall Design Phase 2: Sanctuary and Education Space Awarded AIA Ft. Worth Design & Construction Award 1981 } Client Contact: Larry Reynolds, Pastor 940/566.3313 Cumberland Presbyterian Children's Home Long-Range Facilities Development and Master Plan for existing Presbyterian Children's Home Client Contact: } Robert Sherman } 940-368-6915 } Argyle Independent School District } 2004 Program ($28 million) Included: New Elementary Facility 3 Additions + Renovations to Existing High School } Multi-Sport Facility Support Services Facility } 2005 Program (approx. $30 million) y Client Contact: Carolyn Pierel, Superintendent } 940/464.7241 i Denton Independent School District } Program Included: Additions + Renovations to existing Elementary, } Middle & Senior High Schools New Elementary School Facilities New District Administration Facility } Client Contact: } Norm Sisk, Executive Director of Operations 940/369.0220 } Whitesboro Independent School District } Program Included: } New Middle School Facility Client Contact: 1 Jerry Dickson, Superintendent (Retired) } 940/564.6317 1 Valley View Independent School District Program Included: New Multi-Function Facility (Gymnasium/Library/Cafeteria) } Additions + Renovations to Vocational Building Additions to Valley View High School } } K I R K P A T R I C K A R C H I T E C T U R E S T U D I O } } } K I R K P A T R 1 C K A R C H I T E C T U R E S T U D I O ) } 1 > emu } ME .111111ap-Ell } } l } I Denton Central Fire Station _ } Denton, Texas nature of service: nature of firm's control: } Architect of Record Prime Professional } size: 27,000 sq.ft. f 1 project description: Completed in April 2003, this project was an adoptive re-use of a 1940s diesel-generated power plant for use as Denton's Central } Fire Station. Many of the buildings' original aesthetics were retained while giving it a more contemporary feel. 1 awards: A1A Fort Worth Design Award 2004 ` Preservation Texas, Best Adaptive Re-use of Historic Structure 2004 } Main Street Denton, Excellence in Preservation 2003 } Texas Downtown Association, Best Adaptive Re-use 2003 Firechief Magazine, Best Adaptive Re-use Silver Medal 2003 client contact: > Ross Chadwick, Fire Chief - } 940/349.8840 1 1 } K I R K P A T R I C K A R C H I T E C T U R E S T U D I 0 1 } } } } } } Denton Police Station Denton, Texas > City of Denton nature of service: building area: Interior Renovation 950 sq.ft. date of completion: > May 2004 project description: The primary reason for the renovations to the interior space of the Police Station on Hickory Street was a need l for an authoritative lobby space which promoted the security of the facility. In addition to the security issues the lobby area needed an ease of flow to increase its functionality and usability. Clearly seperate waiting and control areas were established along with new security features and updated finishes. } client contact: 1 Charles Wiley, Chief of Police } 940/349.7925 1 } } K I R K P A T R I C K A R C H I T E C T U R E S T U. D 1 0 } CELL ~ f f' CELL k-!? -ALT. I E l o .I E Q I I 107 T 1, .A o I ~_3 - ELL --N-'_._ l~- } 1 WR I T' I r 1 j ~ f Q ~ Q' 7 I F~i # I ~ ~ ~ w ~ IY! I t/~ } [jkA'~i ; I I HdOial GI 1 r 14 $ 3 } I } IAt`f'• r ARR. I i 5i8 6 4` } ; Ls I j 1 1 3i6" ELL I 124 E r ' IN SEP. CELL ; # 1 I - sE~- CELL sip CELL } 3 0 4LiGN E E j } # REST, f Ij SCALP; t/3' = ?-0' } Denton Jai[ Renovation Denton, Texas City of Denton nature of service: renovation area: Architect of Record 5,476 sq, ft. ? project description: The Denton Jail Project is a Renovation of and an Addition to the existing facility. The design includes the added cells for increased capacity. The other goal of the client is to elevate the level of security in a few problem areas. Windows will be added in guard areas to increase visibility. New architectural materials will be introduced in key areas of the facility that will be more durable and resistant to inmate wear. Enhancements will also be made to the Interrogation/Arraignment Room. client contact: Dean Hartley, Facilities Manager 940/349.7200 a K I R K P A T R I C K A R C H I T E C T U R E S T U D I O } y ~y )T 1 t y Denton Service Center Denton, Texas nature of service: nature of firm's control: Architect of Record Prime Professional size: 45,000 sq.ft. project description: A new Service Facility for the City of Denton i j client contact: Bruce Hennington } 940/349-7200 E K I R K P A T R I C K A R C H I T E C T U R E S T U D 1 0 } } 1 1 i q1 f j 1 , j Denton Independent School District Administration Building Denton, Texas 1 nature of service: nature of firm's control: } Architect of Record Prime Professional size: l 20,270 sq.ft. 3 project description: } The Administration Building for Denton ISD was essentially a new facility. It provided a new Board Room/Assembly Area with seating for 75-100 as well as sufficient office space for j the growing district. One wing of the building encorporated an Adaptive/Re-Use of an existing classroom facility. client contact: y Glen Martin j 940/390.0893 K I R K P A T R I C K A R C H I T E C T U R E S T U D 1 0 } ~ ry pS `7 a 1 ~Universidad de Celaya Celaya, Guanajuato, Mexico } nature of service: nature of firm's control: } Architect of Record Prime Professional } project description: } This project included the University Master Plan and Site Development along with the design and construction of four new 1 built spaces for the Universidad de Celaya in Mexico. The four } buildings included a theatre, a computer/technology center, a student center and cafeteria, and a classroom building. } } client contact: i Sr. Mauricio Clark, Secretario, Universidad de Celaya 011-52-461-20861 "When l hired Jim Kirkpatrick in 1988 to lead the planning design and construction of the Universidad de Celaya, he exhibited } extraordinary leadership skills through his coordination of local engineers, building professionals and artisans... } As Presidente Municipal de la Ciudad de Celaya, Acting Gobernador de el Estado de Guanajuato, and Diputado Federal por el Estado de Guanajuato, t have had the opportunity to observe } leadership capabilities that generate lasting results... } The existence and success of the Universidad de Celaya are a direct result of Jim's vision, leadership, and architectural talent." 1 -Sr. Mauricio Clary 3 } } K I R K P A T R I C K A R C H I T E C T U R E S T U D i 0 } i ) } r ~ r. } } } } } University of North Texas Projects Denton, Texas ? ■ Shrader Pavilion I ■ Health Services Building Remodel ■ New Parking Lots ■ Library Annex Warehouse Phase III } ■ Fouts Field Press Boxes ■ New Grounds Maintenance Building ■ Fouts Field Training Room ■ Kerr Hall Expansion and Modifications ~ ■ University Services Building } ■ Renovation of Six Large Lecture Rooms ■ Women's Gym Renovation ■ Matthews Hall Remodel and Renovation ) ■ Physics Building Renovation ■ Business Administration Building Remodel s Biology Building Renovation ■ Clark Dining Hall Renovation and Remodel } ■ Biology Building Modification ■ Engineering Technology Building Renovation ■ Chemistry Building Renovation ■ Kerr Hall Expansion and Modifications Phase 11 } ■ Particle Accelerator Laboratory I ■ Advancement Center Addition and Renovation Owner Contact: Julius Zsohar, Construction Director 1 940/565.2751 1 } K I R K P A T R I C K A R C H I T E C T U R E S T U D I O ) ) fill ) ) u ) } 1 ) I } Texas Woman's University Projects Denton, Texas ■ Pannell Hall-Remodel ■ Public Information Office-Remodel ■ Restoration of Old Main ■ Margo Jones Auditorium-Renovation x Golf Course Club House ■ University Site Entrance Development ■ Student Center-Addition ■ H.P.E.R.D. Building-Renovation Phase i ■ Texas Street Parking Area ■ H.P.E.R.D. Building-Renovation Phase 2 ■ Wellness Center-Remodel ■ Arts and Sciences Building-Renovation ) ■ Wellness Center-New Facilities ■ Library Parking and Area Development 1 ■ Oakland Avenue Parking Area ■ Student Center Garden Room-Remodel ■ Student Life Department-Offices a H.P.E.R.D. Building-Window Replacement ■ Hubbard Hall-Barrier Free Entrance ■ Institutional Advancement Office-Remodel 1 ■ Administration Building-Renovation ■ Southwest Institute of Design Building-Renovation ) Owner Contact: Mary Evelyn Huey Former President, TWU 940/382.9458 } ' Stewart Cooper Newell Architects Consulting Architects i Firm Description j } Resumes: Ken Newell, AIA Phillip Welch James Stumbo } Related Projects: } Public Safety T_ raini2g Facilities Gaston College Regional Emergency Services Training Facility • Classroom/Administration Building for Fire, EMS, & Criminal Justice Academy ? • Physical Training & Shower/Locker Rooms • Residential Burn Building • 5-story Fire Tower - 20,459sf - the largest in the United States • Confined Space Rescue • Burn Pits } • Driving Track • "Dirty" Training Props } Guilford Technical Community College • Master Plan ► - 4-story Burn Building } • 4-story + roof Fire Tower Sandhiils Community College ? • Master Plan to include Commercial + Residential Burn Buiidings,Training/Drill Tower, Fire Pits, ? Pumper Test/Draffing Pits, Vehicle Extraction I City of Greenville, NC • Master Plan on a Challenging Site City of Fayetteville/Fayetteville State University i • Fire Station and Training Facility Fire Station Facilities Clarendon County Public Safety Facility Gastonia Fire Department Headquarters Station York Fire Department Headquarters Station Old Richmond Fire Headquarters Station Hilton Head Prototype Fire Station Kemersville Prototype Fire Substation Thomasville Prototype Fire Substation Virginia Beach Coastal Substation Firm Descri #ion } STEWART COOPER NEWELL ARCHITECTS has been providing its clients with quality } architectural design services for the past 34 years. As a firm, our goal is to provide excellence in planning, design, and construction administration; while keeping in mind our } client's budget and schedule. Since the formation of the firm in 1971, we have enjoyed steady growth in all our studios and had the opportunity to work with many different project } types and industries. } I Today, our multi-disciplined staff specializes in several areas, most notably Public Safety Facilities, including Fire/Rescue/EMS Stations, Fire Training Facilities, Law Enforcement, } and Correctional Facilities. We also provide design services for Municipal clients, Higher Education clients, Church clients, Recreation clients, -and Commercial clients. In addition to our architectural expertise, we also offer our clients Interior Design, Master Planning, Space Needs Studies, Long Range Planning, Feasibility Studies, and Pre-Design } Planning. 1 Stewart Cooper Newell Architects understands the science of designing Fire/EMS ND Police Stations. Over the past 30 years we have designed over 100 Fire/EMS Stations, j Fire Training Facilities, and Law Enforcement Facilities across North and South Caro- lina, and the United States. Our specialized expertise has helped many cities and } counties better the moral of their firefighters, decrease insurance rates, and provide better protection for their citizens. We are active members of several national firemen's Associations, which helps us stay abreast of all the regulations and other } changes that effect the fire service and design of these critical facilities. Stewart Cooper Newell Architects has provided architectural and consulting services-for fire departments and municipalities in North Carolina, South Carolina, Texas, Kentucky; > Virginia, Michigan, Wisconsin, Arkansas, Florida, Georgia, Nebraska, and New Jersey. } Several of these designs have won Station Style Design Awards from Fire Chief Magazine. We serve our clients from two offices: our headquarters in Gastonia, North Carolina and an office in Columbia, South Carolina. > OFFICE LOCATIONS I Stewart • Cooper . Newell . Architects, P.A. Stewart • Cooper • Newell r Architects, P.A. 719 E. Second Avenue, Gastonia, NC 28054 2016 Sumter St. Ste 202 Columbia, SC 29201 Phone: 704.865.6311 Fag: 704.865.0046 Phone: 803.765.9011 Fax: 803.765.2011 www.scn-architects.com www.]rLre-facilities.com } } Stewart Cooper Newell Architects } Stewart Cooper Newell Archers 800-671-0621 1 } } Ken Newell, AIA, Emergency Services Training Facility Designer } Ken Newell, AIA, is a senior EDUCATION: principal with Stewart Cooper University Of North Carolina At Charlotte Newell Architects, and has College OfArchitecture 1 designed over 100 Fire/EMS stations and fire training Charlotte, North Carolina • Bachelor Of Art In Architecture j facilities since joining the firm in 1988. North Carolina State University 1 He has provided architectural School OfDesign and consulting services for Raleigh, North Carolina fire departments and munici- Bachelor OfArchitecture } palities in North Carolina, South Carolina, Texas, REGISTRATION: } Kentucky, Virginia, Michigan, Wisconsin, Georgia, Ne- Vugiruia Florida 1 braska, and New Jersey. North Carolina Georgia } Ken has also spoken at South Carolina NCARB various national and state fire } conferences. PROFESSIONALSOCIETIES AND INVOLVEMENT: American Institute ofArchitects Ken also maintains a general North Carolina Fireman'sAssociation ? contractors license as a South Carolina Fireman's Association means of staying more International Association ofFire Chiefs closely in touch with the construction communi#y. PRESENTATIONS andARTiCLES; Ken has written articles on Fire Station Design that have been 1 published in a F' & Rescu at and Free ofMag~y ~ Ken has deliver presentations on Fire Station Design and Training Facility Design at the following conferences: } -South Carolina Fire Chiefs Conference - FIERO, National Fire Station Design Syrnposhan -NC Firefighter s Conference } RECENT PROJECTS: Kerr has served as Principal in Charge or Consultant on the following projects: Gaston College RESTC: 20,000 SF Burn Riding, Residential Burn Building, Drafting Pits, Burn Pits, classrooms, etc. Guilford Technical College Emergency Training Center Sand Hills Community College Fire Training Facility } New Hanover County/Cape Fear Community Emergency Services 1 Training Facility Master Plan and Design City of Greenville, NC Emergency Services Training Facility } Kenn Newell, AIA, NCARB Resume i Stewart Cooper Newell Architects 800-671-0621 I Phillip Welch Emer enc Services Training Facility Program Specialist Phil is the Director of the Gaston College Regional Emergency i~1986 • Fire Science Degree Services Training Center Gaston College, Dallas, NC WSTC), overseeing 130 Fire- 1999 BusinessAdministration Degree j Rescue instructors, and approxi- Gaston College, Dallas, NC mately 4000 firefighters and fire Current Fire & Safety Engineering Technology j brigade responders each year. University of Cincinnati j 2004 Executive Fire Officer The 22 Acre RESTC is one of National Fire Academy the busiest centers in the United States, and includes a 21,000 SF Commercial Burn Building: - the 1990-Present Gaston College, Dallas, North Carolina largest in the nation. Director-Regional Emergency Services Training Center, Fire & Rescue Training, Fire Protection Technology Phil's experience has resulted in 1989-Present Gaston College, Dallas, North Carolina research and reports covering: Instructor - Fire Service Programs • Firefighter Heart Attacks, 1981-1990 Gastonia Fire Department } Line of Duty Deaths Engineer/Firefighter/Hazardous Materials Team Promotional Assessment 1980-Present Union Road Volunteer Fire Department, Gastonia, NC 1 Centers 1989-1997 Fire Chief - Union Road Volunteer Fire Department t e Municipal Fire Depart- s ment Master Planning Phil has 24 years of fire service National Fire Protection Association (NFPA) - Technical Committee Chairman on Fire Service Training experience. His daily duties National Fire ProtectionAssociation MA) - Task Group Chair for NFPA include the complete manage- 1402 - Building Fire Service Training Centers ment of the staff, operations, N.C. State Firemen'sAssociation -HALO Committee Chair maintenance, planning, develop- N.C. Community College System - Fire Protection Technology Writing j ment and equipment acquisitions N.C. Fire)Rescue Commission - Fire Control Validation Committee for the facility. He is expen- N.C. Region H Fire Training Advisory Committee 1 enced in most all types of emer- N.C. Society ofFire Service Instructors - Planning Committee > gency training props and simula- Gaston County, NC Local Emergency Planning Committee lions, whether they arefueled by Gaston County American Red Cross - Local Disaster Planning Committee j class A combustibles, com pressed gas, combustible / QWA flammable liquids or constructed InternationalAssociation ofFire Chiefs } with ordinary materials, con- International Society ofFire Service Instructors j crete, or steel, He is also National Fire Protection Association knowledgeable in environmental North Carolina Association of Fire Chiefs compliance systems such as oil / water separation systems. Nuclear Training - Reactive Approach, Specialized Training Centers j - Fire ChiefMagazine, June 2003 } Phillip B. Welch Jr., Resume Stewart Cooper Newer Architects 800-671-0621 j James Stumbo Resume } EDUCATION: } University of Tennessee Bachelor ofArchitecture } Knoxville, Tennessee } REGISTRATION: } North. Carolina Registration 5728 South Carolina Registration 6396 } National Council OfArehitectural Registration Boards } } PROFESSIONAL EXPERIENCE: Stewart - Cooper - Newell -Architects, P.A., } Principal, ProjectArchitect 1999 to present Gastonia, North Carolina } CBSAArchitects, } ProjectArchitect } 1986 -1999 Hickory, North Carolina } RECENTPRO;IECTS: Ken has served as Principal in Charge or Consultant on the following projects: 1 City of Greenville, NC Fire Training Facility Master Plan & Station Design Guilford Technical College Fire Training Facility & Training Station Design } Sandhills Community College Fire Training Facility Master Plan Sandhills Community College Residential Bum Building Iredell County, NC Fire Training Facility City ofMidland, NC Fire Training Facility } Cage Fear Community College Fire Training Facility Western Piedmont Fire Training Facility } ) } } James StumbO, ALA,, NCARB Resume EM ~ Stewart Cooper Newell Architects 800-671-0621 } Current Fire Projects } Ken Newell, AIA, Lead Design Architect, Principal-in-Charge } North Port, Florida Fire - Currently in Design Development } Maumelle, Arkansas Fire Currently in Schematic Design Western Coventry, Rhode Island - Currently in Programming } Wake County Fire - Indefinite Delivery Contract Clayton Fire - Currently in Construction Bay Leaf Fire - Currently in Design Development Bahama Fire - Currently in Construction } Rock Hill Fire - Third Prototype Station Currently in Design f Lincolnton City Hall & Fire Headquarters - Currently in Construction Virginia Beach Fire - Currenfly on Hold Murphy Fire - Currently in Bidding & Negotiation } Hilton Head Wand - Second Prototype Station Currently in Construction Third Prototype Station Currently in Design South Point Fire - Currently in Schematics Greenville Fire, SC - Currently in Construction } Erwin Fire - Currently in Construction } Weaverville Fine - Currently in Programming Asheville Fire - Currently in Schematic Design Eton Fire - Currently in Bidding & Negotiation } Pinehurst Fire - Currently in Bidding & Negotiation Fayetteville Fire - Currently in Construction ? Cary Fire - Currently in Construction Documents } Crowders Mountain Fire Currently in Bidding & Negotiation } } Jim Stumbo, AIA, Design Architect Guilford Technical Community College Fire Training- Currently in Construction Administration } Kitty Hawk Fire - Currontly in Design Development } National Guard Airport Fire - Currently in Construction Catawba Fire - Currently in Programming } Asheville Fire - Currently in Schematic Design } } } } 1 } Stewart Cooper Newell Architects Stewart Cooper Newell Architects 800-671-0621 } Emergency Services Training Facility i> 1 r _ 1 ~y 1 l~ 1 } Conte Dr. Richard Miller 704-922-6405 „ Project This addition to the Southern portion of the I Campus Master Plan concentrated on the growth of the Emergency Management Training Complex. The additions include a classroom building, breathing apparatus unit, residential i bum building, garage and maintenance unit. j The complex currently includes a bum building, drill tower, bum pits, confined space rescue, and driving track. The Regional Emergency Services Training Center provides basic, continuing, and ad- vanced training to all areas of emergency services. fire, rescue, law enforcement, and emergency medical services. ; mk= This Complex has housed the North Carolina Fire College twice since 1990. Gaston College Regional Emergency Services Training Facility Dallas, NC } Stewart Cooper Newell Architects 800-6710621 Emer enc Services Training Facility y ) i l) 1 ) Conte Y! Phil Welch j Director 704-922-6258 ity Facil ? Classroom/Administration Building 15,700 SF $1,378,000 Base Bid ) t]esian Issues This facility was designed to accommodate all administrative and indoor training activi- ties for the Fire program, EMS program and i Criminal Justice Academy. It includes 13 1 offices, 9 labs/classrooms, physical training, 1 conference rooms, workrooms, showed locker rooms, and other support spaces. ? Also included is a covered pavilion for 43 . I training activities associated with the adjacent bum buildings and other "dirty" „E E l training props. While matching the adjacent campus aesthetics, the building was de- signed as a pre-engineered structure to 1 help achieve a limited project budget. } Gaston College Regional Emergency Services Training Facility Dallas, NC Stewart Cooper Newell Architects 800-671-0621 ) Emergency Services Training Facility a } It 4% } Phil Welch - Director 704-922-6258 } } 20,459 SF i 5 Story Bum Building Training Tower Bum Pits (Fuel Oil & LP) Driving Course } Auto Extraction Pik $1,400,000 Base Bid Design Issues This Live Fire Structure is a five story, 21,000 SF facility with three live burn floors and 14 interior bum areas. The lower level is constructed to simulate areas of a nuclear reactor building. This facility also houses a pitched-roof ventilation training area, a five-story vertical confinement shaft, and an 1800 } SF smoke maze. Misc; } At 20,459 Square feet, this is the largest Bum Building in the United States. The structure is large enough to allow multiple evolutions to be conducted } simultaneously. Gaston College Regional Emergency Services Training Facility Dallas, NC } Stewart Cooper Newell Architects 800-671-0621 gEmer henc 6Services Training Facility } } 17 Contact l Phil Welch - Director } 704-922-6258 -Faclifty } 1500 SF $ 75,000 Estimated Base Bid Design Issues was } Prior to the completion of this project, all on-site, residential training simulation had to be purforrned in the adjacent commercial bum building. The shear size and configuration of the large bum building severely limited the realism of a residential setting. The } residential bum building is unlike most any others currently in use in that the floor plan mimics a three } bedroom, two bath single family dwelling. It is con- structed of masonry walls and a concrete roof deck. $ Each room has appropriate heat shields in order to } protect the structure from heat associated with limited live bums. Trench drains are continuous throughout the building for training and building wash-down. Asloped, i frame roof was set above the concrete roof deck for more realistic training scenarios that include a continu- ous heat/smoke shaft for roof penetration training. Many of the beneficial details utilized in the commercial 1 burn building were incorporated into this structure. } Gaston College Regional Emergency Services Training Facility Dallas, NC Stewart Cooper Newell Architects 800-671-0521 } } Emergency Services 'T'raining Facility - f } l- 1 I + . 2 tL~FORr3 TECH EMERGENCY TRA"NO FACUTY SEewert•Coopa Ne+rdl Ar~hFEaett Lloyd Stanley -Director } 336-3344822 _ - ~ } p Stewart Cooper Newell Architects provided Master Planning services forthe new Guilford ? Technical Community College Emergency } Services Training Center. Many factors had to be considered on this challenging 16 acre site. This facility is situated between the northern border of the campus, a Southern Railroad right-of-way, a natural gas distribution site on the eastern border, and a high power line } traverses the site. Misc } This site was ultimately master planned for a four-story hum building, a four-story training tower, a classroom building, an apparatus 1 building and multiple exteriortraining aids such as vehicle extrication, bum pits, and tesUdrafting pits. Guilford Technical Community College Jamestown, NC } Stewart Cooper Newell Architects 80D-671-0621 } } Emergency Services Training Facility l } ) ) ) "ate fir-; - KoWt Lloyd Stanley - Director ! 336-334.4822 1 20,459 SF } 4 Story Bum Building Bum Pits Driving Course $1,660,000 Base Bid } Design Issues The bum building is designed for Class A- combustible bums with bum shields directly } above the bum pads to protect the concrete } ceiling slabs from spalding due to the heat. The structural floor is protected at each bum area by a sloped topping slab and fire brick. The facility is also designed so a sloped residential style roof can be added to practice residential roof } venting. } Misc R„ } Stewart Cooper Newell also provided masterE } planning services for this facility. This was Phase I of a three phase project, phased to • meet the owner's capital outlay schedule. Guilford Technical Community College Jamestown, NC } Stewart Cooper Newell Architects 80071-0621 } Emergency Services Training Facility } ) } } ) ) ) ) ) contact } Lloyd Stanley - Director 336-334-822 Facility 4 Story Burn Building and Roof Level $552,000 Base Bid - } Desian-Issues The second half of a three phase project the Training Tower was constructed on a pre-graded site on the Emergency Training Services complex. } Stewart Cooper Newell Architects worked in } conjunction with the owner's representative to i provide economical training aides, including elevatordoors and shafts, vertical and horizontal confined space drills, electrical panel and valve lockout props, and floor, wall and ceiling be-oft on all levels. The structure melds both extemal stairs and includes stairs for smoke generators. ) Guilford Technical Community College Jamestown, NC Stewart Cooper Newell Architects 800-671-0621 j Emer enc. Services Training Facility -Master Plan j 1 l ArNI l Iy„p q, - . y ' • V ) ICY TRAINING FACI.ITY SAWIDHI LS Coe mr COLLEGE r L/lA i1Gli Ms Joyce Rhodes Dean of Continuing Education 910-695-3767 ) Mr. Ron Peter; V4_~ ect M anager Special Proj 910-695837 Y? Facilfty Stewart Cooper Newell Architects provided Master Planning and Site Selection services for a new Fire Training Facility to include a ) commercial bum building, residential bum building, training(drill tower, pumper test/ drafting {pits, and exterior training areas for vehicle extraction and bum props. Construes - _ _ - lion will be phased to meetthe owners - 1 t budgetary requirements. Design Issues -.e- ° z;. This facility will be built on a steeply sloping ) rural site of approximately 7.5 acres. Addi- tional property had to be acquired on the J----7 J downhill slope to provide proper sedimentation and impoundment basins to protect the town reservoir which is adjacent to, and below the site. Sandhills Community College Pinehurst NC Stewart Cooper Newell Architects 800-671-0621 1 Emergency Services Training Facility r } 1 Fi @}_fY/Cr10N Fp i ELFY& ON ) A w.rac ■aar ovu rv+,wo iuo woa wtirses ran:~rrw, na . i 2 ':5 ~ ROW 111110 t iI [ W ELUXT_ IO C t nrt d Arain.eu I i Co ft!2 Ms. Joyce Rhodes Dean of Continuing Education _ 9I -695-3767 or Mr. Ron Peters Special Project Manager 910-695-3837 Facildy j Stewart Cooper Newell Architects is sched- uled to proceed during the summer of 2004^. with design services for a new residential 1 bum facility and Phase I site preperation. „ m,~ i This work will be located at the new Sandhills - - Community College Emergency Services Training Fatality. The residential bum building will be two stories, and includes attic ventila- tion and attic access, as well as multiple bum sites located in the entry, bedrooms, living areas, and the kitchen. } Stewart Cooper Newell also provided Master 1 Planning and Site Selection services to the College. Although related, the master plan and the residential bum building underwent seperate architectural selection processes. Sandhills Community College Pinehurst, NC Stewart Cooper Newell Architects 804-671-0621 } 1 Emer enc Services Training Facility & Fire Station Amy i - _ } L"EMW ~ F a MOM' ~L ~1AfT164~~~•Y-+1-+..--i-,-.Y ~1~-•.w-i`-Y~.+Ir.L.+. «-......_..s :•w•w z - ~ 1i1/A!1 } Deputy Chief Ron Moore 252-329-4404 ciIfty } Master Planning and Schematic Design for a } new Fire Training Facility to include classroom facilities, training/drill tower, bum building, } pumper test pits, and exterior training areas for vehicle extrication and bum props. } Design Issues j Avery tight budget and a small ten acre urban site, bordered by a multifamily apartment com- plex on one side, and a residential subdivision on the other. The front of the site sits on a major highway, and the rear of the site is bordered by a watershed to an adjacent lake. This site pre- sents significant challenges to the designer in } choosing building systems and live bum tech- nologies. } Mtsc Stewart Cooper Newell is also providing master } planning and schematic designs for a new fire 1 station which will be a part of this complex. City of Greenville, NC Stewart Cooper Newell Architects 800-671-0621 ) T ainin Based moire Station I 1! 1 l? 1 1 contact Mr. Craig Hampton Special Projects Coordinator City of Fayetteville 810-433-1786 Station 17,600 SF 1 $2.7 Million Construction Budget 1 Design Issues 1 This station will house both career fire fighters l as well as students enrolled in the Fayetteville State University Fire Protection Program. The } facility includes spaces for expanded training opportunities. Per owner necessity, this project was designed j > and will be built on a fast track. Contracts were I signed in October, 2004, and the project goes to bid in January, 2005. } City of Fayetteville and Fayetteville State Univ Stewart Cooper Newell Architects 800-671-0621 1 } Public Safety Facility } } } } Robert T. Boland } Kershaw CountyAdministrator (formerly Clarendon CountyAdm€nistrator) } 803-425-1500 } 22,600 SF - Sheriffs Office } 19,600 8F -Fire Department $2,000,000 - Sheriffs Office ? $1,900,000 - Fire Department } Completed 2002 - Sheriff S Department s Completed 1999 - Fire Department } } E es n Issues This facility houses the Clarendon County Fire } Department Headquarters, the Clarendon } County Sheriffs Office, and the County 911 communications center. The three facilities are } completely independent with separate err } trances, offices, conference rooms, and locker morns. } } The Fire Department has living quarters, kitchen, lounge, and drive through apparatus bays. The Sheriffs Office includes a large } evidence room, crime laboratory, training and briefing area, library, and interview rooms. The second floor of the Sheriffs Office is available } for future expansion. I Clarendon County, SC } Stewart Cooper Newell Architects 800-671-0621 Headquarters Fire Station 1 I~ {A - - 1 } } 4" i a. } Chief Bob Ridgeway 704866-6806 Station 24,000 SF } $2,400,000 Base Bid } Desk3nIssues The Gastonia Fire Department headquarters station j was in desperate need of replacement. As part of a larger bond referendum, the dens of Gastonia funded the design and construction of a new head- quarters station that would serve both the administra- tive and fire service functions of the department. The new 24,000 SF station has 4 drive through apparatus bays,1 maintenance bay, individual sleep rooms, fitness areas, large kitchen, and dayroom. The Administrative suite has offices and conference rooms for Chief, the Assistant Chiefs, other adminis- trative personal, along with a large training rooms for ) continuing education and use by the citizens. The Station also includes a museum highlighting the history of the Fire Service in Gastonia. } Gastonia, NC Stewart Cooper Newell Architects } 800-671-0621 Headquarters Station 1 ) ) i } Chief Domenic Manera 803-684-1700 } or Trey Eubanks - City Manager j 803-6841700 } } 12,240 SF $988,000 Base Bid Design Issues With a growing population and a desire to offer its } citizens the best public safety service possible the City decided to move the Fire Department out of the Police Department and into its own facility. The new headquarters station is located next door to their old shared facility and in the heart of the historic downtown district. Before we began design we did a comprehensive study of the departments needs and designed a station that will serve the department for the next 20 - 30 years. To meet the design guide- lines of the historic district we used a split level design to reduce the buildings height, a hip roof that I blended in with the surrounding buildings, and include the columned entry. Inside the station has 4 drive through truck bays, sleep rooms, training/ 1 community room which is connected to the kitchen, a storage mezzanine above the truck bays, and offices for the administrative staff, storage and bunk rooms that can sleep up to eight in semiprivate areas. City of York, SC Fire Department Stewart Cooper Newell Architects 800-671-0621 ) > Fire Headquarters Station } } I i Contact } Chief Alan Fariss } 336-927-6867 Station 17,989 SF j i $1,330,000 Base Bid I ~ Design Issues Old Richmond utilizes a split-level design that reduces the overall height of the station, yet i incorporates enough bay room for current and } projected apparatus needs. This "stepped" feature saved the department significant money on construction, due to existing site conditions. j This station is the largest civic building in a Tobaccaville, and provides a community meeting , space. This space is integrated in a manner that does not hinder the daily operations of the Fire Department. A bright-red roof gives Old Richmond a distinguished, yet modem look. j Ths project received the 2003 Fire Chief Magazine Station Style SilverAward for design of a Volunteer } Station Old Richmond Volunteer Fire Headquarters } Tobaccoville NC Stewart Cooper Newell Architects 800-671-0621 l } } Prototype Fire Stations Lw 7 l~ y- ~ s i' JR; 7 1 ly1 } I 7 3 } contact Chief Tom Fieldstead . } 843-682-5155 %dgn 12,200 SF each } $1,444,500 Original Base Bid for #7 } Design Issues } The coastal barrier island location of this station i presents several design issues including hurricane force winds and flooding. To tackle these issues the structure was designed to handle 125 _ 1 MPH wind loads and the site is elevated to get the station above flood level. The station includes three drive-through apparatus bays, individual sleep } rooms, a large kitchen, a dayroom, an exercise room, and a covered patio. MISC 1 The architectural team worked closely with the fire department and the town design review boards to I create a functional interior for the station while, meeting the aesthetic exterior requirements of this community. } i We also designed station # 4 and are currently } designing # 5 for Hilton Head Island. Hilton Head Island, SC C Stewart Cooper Newell Architects } 500-671-0621 1 l Proto a Fire Substation } 1 } } } C na Chief Jimmy Barrow 336-996-4885 } Station 6,895 SP $820,000 Base Bid Design Issues This station serves the fastest growing area of the town. It is a traditional two drive-through bay 1 station with sleep rooms, day room, kitchen, laundry room, and large meeting room/dining room area in the main entry. The design is to } serve as a prototype for future Kernersville substations. 1 Mist A unique aspect of this station is the Police } satellite station that is included in the rear of the station. This 250 square foot area is completely - i separate from the fire station and houses a } bathroom, desks, and separate entry. EMS crews were added to the station after construc- tion, and also have their own sleep area, which is separate so that their calls will not interrupt the I firefighters on duty. Kernersville, NC Fire Department Stewart Cooper Newell Architects 800-671-0621 } Proto a Substation c n II f } } } Contact - Chief Marty Dailey 336-475-5524 Station 7,400 SF North Station 8,200 SF South Station i $ 1,500,500 Original Base Bid Both Stations k } i nI I Due to annexation and tremendous residential growth, the City of Thomasville was in need of i two immediate fire substations. The Owner } desired stations that were functional, attractive, } as maintenance free and durable as possible, and be capable of speedy construction. The facilities are pre-engineered, masonry veneered } buildings with standing-seam metal roofs. 1 MISC i The stations were designed to be prototypes for the City. The design allows the number of vehicle bays and sleep rooms to be determined t and built as each station requires. Each station also includes a small police sub station room 1 with a separate entry. Thomasville, NC Stewart Cooper Newell Architect } 800-671-0621 1 Coastal Substation } } Mr. Bill Petty Owners Representative City of Viriginia Beach 757427-8904 Station } 16,943 SF $2.5 Million Estimated Cost of Construction 1 Design Issues The First Landing Fire and Rescue station is to be built just a couple of hundred feet from the Chesapeake Bay shoreline. The site is very near the site of the pilgrims `first landing* site, thus the name. The need for this station was striven by the exponential growth occurring in this area. It is intended that this design will serve as a prototype for future Virginia Beach substations. } } The plans includes a four-bay, drive through station, a three-story training tower, a separate boat storage building that also serves as a covered kiosk for the community bike path, and an apparatus fueling station. The building exterior is designed to reflect many of the area coastal building characteris- tics found along the Bay. The training tower mimics many characteristics of a coast guard tower, including the observation walk at its top. Virginia Beach, VA Fire Department C } Stewart Cooper Newell Architects 800-671-0621 1 - } Fire Training References j Gaston College, Dallas, NC } 1. Master Planning and Site Evaluation for a new Emergency Services Training Facility II: Design of Emergency Training Facility, including Burn Building, Driving Track, Rescue & Burn Fits } III: Design of a new Residential Burn Building 1 IV: Design of a new Classroom and Administration Building Contact: ! Mr. Phil Welch, Director: 704-922-6200 } 1 Sand Hilly C4lunity College. Pinehurst. NC } 1: Feasibility Study and Site Selection for a new Emergency Services Training Facility 11: Master Planning and Schematic Design of a new Residential Burn Building, Commercial Burn Building/ Drill Tower, and Burn Pits Contact: Ms. Joyce Rhodes, Dean of Continuing Education: 910-695-3767 Mr. Ron Peters, Special Projects Manager. 910-695-3837 } Mr. Richard Gough, VP for Business & Administrative Services: 910-695-3766 1 City of Greenville. NC Feasibility Study and Master Plan for a new Emergency Training Facility and on-site Fire Station } Contact: Chief Roy Spell: 252-329-4404 } Guilford Technical Contmuni Collegg, Jamestown NC I: Design of Emergency Training Facility, including Burn Building, Residential Burn Building, Driving Track II: Design of a new Training Tower III: Design of a new Classroom Building } Contact: Lloyd Stanley: 336-334-4822 New Hanover Coup NC Feasibility Study and Master Plan for a new Emergency Services Training Facility Contact: } Mr. Max Maxwell; Engineering Department: 910-7%-7139 Cape Fear Community College Design of a new Emergency Services Training Facility (scheduled for fall 2004) Contact: Chief Donnie Hall: 920-798-7462 } Stewart Cooper Newell Architects } 800-671-0621 1 } References - Fire City of Gastonia, NC Fire Department } Chief Robert Ridgeway. 704-866-6740 Prototype design for 3 Substations New Headquarters Station Design of 3 (non prototype) Substations } Clarendon County, SC Fire Department i Mr. Bobby Boland, City Manager; 803-425-1500 New Public Safety Complex housing Fire Headquarters Station 911 Center, and Sheriff's Department Town of Hilton Head Island, SC Fire & Rescue Department Chief Tom Fieldstead: 843-682-5100 Prototype Design for two new Substations Design of a new Communications Building t City of Rock Hill, SC Fire Department Chief Mike Blackmon: 803-329-7220 } Prototype Design for two new Substations i Town of Pine Knoll Shores, NC Fire Department Town Manager Ms, Betty Carr: 252-247-4353 Design of Public Safety Building including Fire and Police Departments City of Greenville, SC Fire Department Deputy Fire Chief Del»ma Lord, Jr.: 864467-4462 } Prototype Design of two new Substations City of Clayton, NC Fire Department } Chief Lee Barbee: 919-553-1755 Design of new Fire Headquarters Station Glassy Mountain Volunteer Fire Department, Landrum, SC Chief Brian Riebe: 864-895-4036 } Renovations and Additions to Headquarters Station } Town of Morehead City, NC Fire Department Chief Jerry Leonard 252-247-2611 } Design of new Fire & EMS Substation } Simpsonville, SC Fire Department } Chief Jess Major: 864-967-9545 Design of new Fire Substation } City of Cheriyville, NC Fire Department } Chief Jeff Cash: 704-435-1730 j Renovation and Addition Study for a new Fire Headquarters Design of new Fire Headquarters } } Lincoln County, NC EMS Department Director Ron Rombs: 704-732-9077 } Design of new EMS Headquarters } City of Lincolnton, NC Fire Department Chief Don Wise: 704736-8980 Renovation and Additions for a combined Fire Headquarters and City Hall } Stewart Cooper Newefi Architects 800-671-0621 } } References - Fire City of Erwin, NC Fire Department Asst Chief Ricky Blackmon. 919-557-3916 } Renovations and Additions of Fire Department Headquarters 1 Town of Kernersville, NC Fired Department Chief Jimmy Barrow: 336-996-4027 New Fire Substation, E~ E & Police Satellite Station ) City of Claremont, NC Fire Department City Manager Dean McGinnis: 828-459-7009 Design of new Fire Headquarters City of Kings Mountain, NC Fire Department Jimmy Many: 704-739-8551 Design of new Fire Substation City of Hickory, NC Fire Department Deputy Chief George Byers: 828-323-7420 Design of new Fire Substation } Village of Pinehurst, NC Fire Department Chief Jimmy McCaskilk 910-295»5575 Feasibility Study ) Design of new Fire Station ! Little River Fire Department, Horry County, SC } Chief Randy Webster: 843-248-1370 Design of new Fire Substation City of York, SC Fire Department Chief Domenic Manna: 803-684-1700 Design of Fire Department Headquarters City of Thomasville, NC Fire Department Chief Marty Dailey: 336-475-5524 } Prototype Design for two new Substations } Federal Point Fire & Rescue Department, New Hanover County, NC Chief Donnie Hall: 910-798-7462 } Design of new Fire Substation Allendale County, SC Fire Department 1 Feasibility Study for new Fire Headquarters Town of Bahama, NC Fire & Rescue Department } Chief Len Needham: 919.962-9699 Design of new Headquarters Station Design of new Substation } Old Richmond Volunteer Fire Department, Tobaccoville, NC Chief Alan Farris: 336-924-6867 } Design of new Fire Department Headquarters 1 Town of Liberty, NC Fire Department Chief I.R. Beard. 336-622-9050 Design of new Fire Headquarters Stewart Cooper Newell Architects 800-671-0621 } } l } ' Tommy A. Abercrombie l Emergency Service Training Facility Design Consultant } Resum6 } Recent Project Experience: j Tarrant County College Fire Service Training Center Responsible for all aspects of the facility including initial concept, specifications, business plan, and construction oversight. 3 1 4 ) 1 } ) ) ) } 1 1 f ) I 1 i 1 } } ) 1 9701 ARGYLE COURT • GRANBURY, TEXAS 76049 PHONE 517-279-0106 • E-MAIL TLABERCROMBIE®CHARTER.NET TOMMY L. ABERCROMBIE ) PROFESSIONAL SUMMARY I } WORK EXPERIENCE ) 1992 - Present Tarrant County College Fort Worth, Texas Administrative Coordinator, Fire Service Training Center Director of major fire service training facility responsible for educational and training programs including A.A.S. degree programs, firefighter certification programs, continuing education programs, and in-service training programs- Led the development of a 20 million dollar state-of-the-art fire service training facility that is the largest computer controlled gas fired facility in the United States. Responsible for all aspects of the facility including } initial concept, specifications, business plan, and construction oversight. The 23-acre facility consists of a 48,000 square foot high tech classroom and administration building coupled with a multi hazard disaster city complete with man made raging fiver. This highly integrated facility is one of the most technologically advanced emergency service training facilities in the world. ■ Responsible for massive expansion and upgrade of programs and curriculum offerings designed to meet the increasing responsibilities j placed on the modern firefighter and emergency responder. ■ Led initiative to develop programs to provide emergency training and awareness programs to federal agencies and private industry. Program has led to agreements to provide training to agencies such as the 1 Occupational Safety and Health Administration, Department of Defense, TXU Energy, and Motorola Corporation } 1994 - Present Ft. Worth Fire Department Fort Worth, Texas Lieutenant/ Training Officer ■ Training Officer of recruit training station responsible for directing the training of all new recruits for large metropolitan fire department ■ Oversee instructional staff that provides both initial and o~in i g training for department. ■ Responsible for creation of and delivery of continuing education and in service training for department. ■ Officer in charge of 24-hour emergency response crew j 1996 - Present T. L. Abercrombie Consulting Granbury, Texas ? Architectural Design Consultant ■ Consultant to architectural and engineering firms providing content j information in regards to the design and function of emergency service ? training facilities. ■ Higher Education Design Consultant l ■ Architectural Programming Research Fire Service Consultant j ■ Provide contract training to fire departments and emergency response j organizations. j ■ Develop curriculum for fire departments covering a wide range of emergency service topics. ■ Develop testing and assessment programs for fire department } promotional exams. l ■ Consultant to higher education organizations on topics related to education for the emergency service responder. Fire service educational publishing review services. j 1991 -1994 Haltom City Fire Department Haltom City, Texas ghter Firefi ■ Training Officer for suburban fire department responsible for development and delivery of both fire and emergency medical training. j ■ Developed community wide emergency management plan. ■ Public information officer for department responsible for both internal } and external communication including community education. j } EDUCATION } Current University of Missouri Columbia, Missouri PhD in progress Human Environmental Design: Architectural Studies r 2004 Texas Christian University Fort Worth, Texas } Master of Liberal Arts 2001 University of Oklahoma Norman, Oklahoma Bachelor of Liberal Studies k 1998 Tarrant County Junior College Fort Worth, Texas Associate ofAppbed Science, Fire Protection Technology 1 } PRESENTATIONS AND PUBLICATIONS } Presentations } NISOD International Conference on Teaching & Leadership Excellence } Texas State Fire Chiefs Association i Firehouse World Exposition j Firehouse on the Road I } l Department of Interior Design Texas Christian University i ? Steelcase Furniture Companies l Pubkcaiians 1 Firehouse Magazine i Fire Instructor Magazine } Popular Mechanics } } } i ~ } I~ PROJECT APPROACH .i The past decades have seen a marked increase in the responsibilities of Police and Fire Departments. Once } limited to fighting structural fires, Fire Departments are now required to respond to a variety of other emergen- cies ranging from hazard material spills to search and rescue. Police Departments have evolved from just hav- ing "cops on the beat" to having Tactical Units. These transformations have necessitated a change in the type of training, and the type of training facilities required. } Though built for today's threats, Kirkpatrick Architecture Studio (KAS) and Stewart Cooper Newell Architects } (SCN) believe that these training facilities should be flexible enough to allow for the training of the unforeseen. The training facility needs to accommodate some shared needs between the Fire and Police Departments, while meeting their individual training needs. Historically, Fire and Police are interconnected by the common goal that demands serving the community and its citizens as guardians of public health, safety, and welfare. KAS and SCN are excited for the opportunity to continue the relationship with the City of Denton that was begun with the Central Fire Station. Because of the success of that project, KAS has reunited that team of consultants. We believe that keeping this team together will facilitate the success of the project by removing the learning curve involved at the start of most jobs, and by capitalizing on our familiarity with the City, its needs } and its processes. For the present project we are happy to be able to utilize the team's expertise in law enforcement and training facilities and to build on our relationship with the Denton Police Department. As a means to address the com- prehensive needs of this project, we have included Tommy Abercrombie as a member of our team, an Emer- gency Services and Fire Service Consultant. 1 Our team is uniquely qualified to program and master plan a training facility, having an architect, user/opera- tor, and engineer who all have previous experience with the process. Further, combining Mr. Abercrombie's experience as Administrative Coordinator for the Fire Service Training } Center at Tarrant County College with KAS' extensive experience working with higher educational institutions } will enable us to work well with the representative from North Central Texas College. Besides uniquely suited to design the facilities, we are uniquely concerned with their success. Its success direct- s ly impacts the safety of our families and our community. } ) 1 I } ~ I } K I R K P A T R I C K A R C H I T E C T U R E S T U D 1 0 i Working with City Departments to Accomplish the Project KAS proved with the Central Fire Stafion that thorough planning and intimate knowledge of the owner's opera- tions facilitates a smooth project from schematic design through construction, resulting in award-winning facili- ties. } Kick-Oft' Meeting We would request a meeting with representafives of all end-users of the future facility. In addition to the Po- lice and Fire Departments, we envision this including representatives from Purchasing, Facilities Management, the City Manager's office, Utilities, Planning, and Engineering. This gives everyone the opportunity to meet the project players. At this meeting the project goals and objectives would be determined. The process would be described and all players would leave with knowledge of the data that will be requested of them } l l - } Design Charette We will begin the design process with a several day in-house design charette with KAS, SCN, our consultants } and representatives from the City of Denton. With the Central Fire Station, this model proved to not only be an excellent model for allowing the owner to communicate their needs, but it gave everyone on the team owner- ship in the building's design, all while greatly shortening the typical schematic design phase. } Programming Portion Denton has provided a program for the new training facility and fire station. We would meet with end-users to confirm all activities are accommodated for and land/space/size requirements for each of those activities. Any refinement of the program can occur at this meeting. The result of this meeting will be a draft written pro- gram that identifies: } - Training Scenarios, including confined space, roof venting, etc. - Training Evolutions, including number of repetitions, number of fire fighters per evolution, activities, etc. - Burn prop types, specifically Class A or Class B (combustible or gas) props. - All other facility activities, interior and exterior. - The size of space requirement for every activity. 1 - The estimated cost of construction for the facilities. - Potential phasing opportunities for construction Planning Portion 1 After the program has been honed, the next step is to produce a preliminary master plan. The ' relationships of the parts of the training facility are critical to the success of the project. After a preliminary master plan is de- veloped, the second part of the charette would design the fire station itself. } 1 1 1 j K I R K P A T R I C K A R C H I T E C T U R E S T U D 1 0 Development of Schematic Design 1 Following the charette, weekly meetings would be held with the same City representatives until a final sche- matic design is produced. } The Programming meeting outlined above results in the Owner's "wants". By presenting those wants in the Presentation of Draft Program, we are able to inform the Owner of their associated costs. This allows us oppor- tunity to recommend to the Owner potential activities that could be reduced, eliminated, or designed for a future construction phase. By showing the Owner what other clients have done in similar situations, we are able to provide direction to Owner. Presentation of the Final Schematic Design Based on Owner approval of the preceding phase, the final submission of all data will be provided. This will include rendered drawings along with the bound, written report that outlines the entire planning process and } the results. } This presentation will also include construction estimates for Fire Station #7 and for the entire master planned project. Cost estimating will be done through a third party estimator. 1 1 } Design Development Weeldy meetings between KAS, consultants, and the City representatives will continue through the end of Design Development. This close working relationship promotes communication and owner awareness of the project and hopefully, eliminates the source of most change orders. Further, it leads to a building that is not J only beautiful, but serves the owner's needs completely. While developing the drawings we will actively pursue pricing input to maintain fiscal control. } 1 Construction Documents Based on Owner approval of the preceding phase, the Construction Documents will be completed. The 757o' } Issue will be priced to ensure the project will conform to the budget before going out to bid. Bidding / Contract Negotiation KAS and SCN will assist the City of Denton with receipt of proposals and negotiating a construction contract. i Construction Administration 1 Even with our reputation for complete construction drawings, the construction process sometimes provides un- foreseen issues or necessitates changes. Believing that the client's interests are best served when the Architect i is active in the construction process; KAS' commitment to having Project Manager in the field is unparalleled. Whenever an issue arises, KAS can be at Facilities Management's office in less than five minutes. 1 Throughout the entire process KAS will orchestrate the involvement of consultants, be responsible for schedul- ing, and maintain primary client contact. 1 I 1 K I R K P A T R I C K A R C H I T E C T U R E S T U D 1 0 } Working With City Staff Purchasing Department Relying on our experience working with the City of Denton, we will assist Purchasing in the preparafion of bid } documents. We will then assist them in the soliciting bids from general contractors and the subsequent evalu- 1 ation of those bids. After the selection of the contractor, KAS would attend the pre award meeting with the contractor and be available to advise on the drafting of the contractor's contract. Facilities Management It is important to get Facilities Management involved in the process early, so that we produce a building that } Denton can easily maintain. To achieve this, Facilities needs to be consulted when writing our specifications } and when designing the HVAC, electrical, and plumbing systems. Early consultation can prevent difficult changes later in the process. 3 } Utilities Due to the size of the site and the uniqueness of its development, we will involve Utilities in the master planning process and continue to work with them, so that this project is in concert with Denton's long range plans for util- ity development. } Division of Environmental Quality } We will work with this division to coordinate with the City's environmental management efforts. We are espe- cially sensitive that every effort is taken to protect the Hickory Creek Watershed. By detaining water runoff on 3 the site, we could help recharge the ground water, create aesthetically pleasing site features, and diminish the } capital costs associated with storm sewer. Environment Committee } While currently Denton does not have green building criteria, we understand that it may produce something within the next few months. This project is the City's first for this committee to have input from the start. We will work with this committee and the user groups to determine which green strategies are appropriate for this } project. } Planning 1 Even though this is a City project, it will still have to meet all Development Codes. Having Planning involved in the Kick-off Meeting, or having a separate meeting before the lCck-off Meeting, would be essential in a smooth project. } Engineering For the success of the project, Engineering's knowledge of the growth of Denton and the City's Mobility Plan will } be essential. Their input will help us determine the best placement of the different components of the project. Our civil engineer will be well versed with Denton's requirements. 1 } 1 } Working with Community Groups 1 ] The scope of this project and it's proximity to residential areas will necessitate meetings with community groups. While having general experience in presenting in open community meetings, KAS has specific experience } presenting to, and serving on, Denton's community groups. The feedback and insight gained in these meetings } can be crucial to the project's success. } K I R K P A T R I C K A R C H I T E C T U R E S T U D 1 0 Sustainabiiity } That the buildings we build and the places we create should promote the health of it's users, respect the land and community on which it is dependent, and minimize any environmental impacts is a fundamental tenet of architecture. KAS is committed to the development of sustainable design in hopes that eventually it may i become known as what it is...good design. Further, we see the green building strategies that emerge in this development, not as a "ought to do" out of shame or guilt, but as a "should do," because they will provide quantitative and qualitative benefits to the City of Denton. With years of experience, and with a LEED Accredited Professional on staff, we will work with you to evaluate which green building strategies are applicable to this project. These strategies are too numerous to fully discuss here, but we offer a few for your consideration. } Energy I Buildings use one-third of America's total energy and about two-thirds of its electricity. New efficient HVAC sys- tems, daylighting controls, high performance building envelopes, and other innovations can reduce traditional energy costs by over half. These systems, however, are constrained by the architect's siting of the building and his knowledge of the site's micro-climate. Dale W. Coffey Consulting Engineers (DWCCE) has designed geo-thermal mechanical systems for several differ- ent types of clientle. KAS used the thermal mass of thick masonry walls and the insulation of the earth to design a highly energy ef- ficient for the Texas Employment Commission. } Indoor Environmental Quality } With the mountain of evidence available, there is no debate that when occupants have thermal comfort, natural light and a view, a healthy workplace, and are able to hear themselves think productivity rises. This rise can be between six and sixteen percent. This is not to mention higher retention rates and fewer sick days. D KAS understood this when they designed Borman Elementary and Evers Elementary. By designing the windows specific to the elevation they faced, KAS was able to maximize the daylighting for the classrooms and minimize solar heat gain. With average Americans spending over 80% of their time indoors, "off gassing" from paints, adhesives and con- struction materials can greatly impact their health. This consideration should be given even to inmates. So for the additions to the Denton Jail, we specified low-VOC points. Where we had to use epoxy paint on cell doors } and windows, we had those painted off-site. } Wafer Once used without thought, it is now clear water is a commodity to be used with thrift. Low flow toilets, water- less urinals, gray water systems, rain water harvesting and other strategies would be applicable to this project. But more importantly, with the amount of water that will be used in the bum props, a water reclamation system } will be needed. Kimley Hom provided just such a system for the Tarrant County College Fire Service Training Center. Site The Training Center portion of the project will have specific challenges to ensure that the site and surrounding community is treated with sensitivity. Among these challenges is how to abate the heavy metals, mostly lead, from the firing range which can contaminate the land and the ground water. There are several options we will review, from altering the traditional berm design to, to bullet traps, to using lead-free ammunition. K I R K P A T. R I C K A R C H I T E C T U R E S T U D 1 0 ) ) ) ) } Kimley-Horn & Associates, Inc. } 1 Civil Engineering Consultant ) } ) ) ) ) ) ) } } } ) ) ) } ❑ ❑ Kimley-Horn and Associates, Inc. Firm Introduction Kimley-Horn has been providing a wide range of services since our founding in 1967, 1 including site civil, traffic engineering, drainage, landscape architecture, and environmental. We have more than 1,600 professionals providing services from 54 offices across the country including one in Fort Worth, Dallas and Frisco. Range of Services } Kimley-Horn is a fully integrated consulting firm offering a full complement of traffic and civil engineering and planning services. Our staff has capabilities that encompass all phases of 'a project, from the early planning stages through final design and construction > administration: ) l = Predevelopment services = Roadway and bridge design ■ Transportation planning and traffic ■ Parking planning and design engineering ■ Landscape architecture / urban ■ Access and circulation studies design } ■ Traffic impact analysis ■ Water / wastewater collection ■ Master planning treatment, and distribution systems ■ Site civil engineering Paving and drainage ■ Environmental assessment and ■ Utilities l remediation Stormwater management } ■ Surveying / platting Construction administration and ■ Zoning testimony and assistance observation } 1 } } 1 } 1 i E Copyr N02rM5rGmleyftmandAssodaft Im i ) ~ ❑ ~ ❑ ~imley-Horn 1 and Associates, Inc. I John D. Blacker, P.F. - Fire Training Facility Civil Engineering } Significant Past Projects 1 Fire Technology Training Center - Tarrant County College NW Campers, Fort Worth, TX - Project manager for services including civil engineering, landscape architecture, and surveying. The complex includes 1 an administration building, leaming lab, training and swift-water pumps, defensive swim channel, low-water I crossing, spillway, hotellapartment, propane tank fire mock-up, residential search and rescue, confined space, } trench rescue, fuel spill, railroad crossing and future tunnel, six-story high-rise bum building, loading dock, skid pad, tower, propane storage, hydrostatic tank, vehicle fire mock-up, and an outdoor classroom. } Richard M. Flynn Fire Training Facility, Concord, NH - Project manager for the civil engineering of A large-scale fuel-spill bum area being added to this academy. This area was necessary to allow fire-service } personnel serving index E airports to maintain their certification per the FAR 139 training requirement. The bum area is propane fueled and measures 125 feet in diameter. Aircraft Rescue and Fire Fighting (ARFF) Training Facility, Cincinnati/Northern Kentucky IrWI Airport, Cincinnati, OH - Project manager responsible for design program management, site layout, trainer equipment coordination for a specialized aircraft fire trainer (SAFT) addition to the existing Fire Training Facility. 1 ARFF Training Facility, JFK International Airport, New York, NY - Project manager responsible for J design program management, site layout, trainer equipment coordination, site utilities, site grading, and drainage for a specialized aircraft fire trainer (SAFT). } j 1 ARFF Training Facility, Philadelphia International Airport, Philadelphia, PA - Project manager responsible } for design program management, site layout, trainer equipment coordination, site grading, and drainage. i ARFF Training Facility, D/FW International Airport, DIFW Airport, TX - Project manager for a feasibility study and master plan that was prepared for the proposed regional training facility at D/FW Airport. Planning } included researching state-of-the-art aircraft fire training systems and associated environmental issues. The 1 major concerns addressed in the study were safety, realism, economy, reliability, and environmental quality. } At the conclusion of this study, a master plan was prepared for a regional fire training academy. Phase I } included a 152-foot-diameter fuel-spill bum area, six-story control tower/bum building, specialized aircraft fire trainer (SAM, vehicle extrication/fire trainer, briefing building, and storage building along with all associated } utilities. In order for the facility infrastructure to be designed around the fire training equipment, a } performance specification was prepared to obtain bids for the fire training equipment The design was based > on a computer-controlled, propane-based system with the computer control room on the top floor of the i control tower, which allows visual observation of the entire training facility. Florida Emergency Training Facility (FErF), Ocala Regional Airport, FL - Project manager for thia } project to make sure the Ocala FEfF meets the need for a regional training facility in the State of Florida. The FETI~ comprises approximately 47 acres and includes an EVOC tactical course, an off-road vehicle 1 equipment course, an industrial park, and an adult recreation facility. The FEfF is oriented around a } propane-based, computer-controlled, 152-foot-diameter fuel-spill bum area designed to meet Index °E" level } } ❑ ❑ IGmley-Horn and Associates, Inc. i John D. Blacker, P.F. Fire Training Facility civil Engineering Significant Past Projects, cont. } training. The facility also includes a specialized aircraft fire trainer (SAFT), which consists of wing and tail } engine fires, a wheel/brake fire scenario, galley, lavatory, cockpit, APU, and baggage compartment fires and ? an interior cabin fire with flashover. Blue Grass Airport ARFF Training Facility, Lexington, KY - Project manager overseeing design of the facility, which includes an 85-foot-diameter fuel-spill bum area with the infrastructure designed to support the } future expansion of the trainer to 125-foot diameter in order to meet the needs of the Index "F" training level. > The facility will also include an SAFT consisting of a wheel/brake fireplace, a wing engine fireplace, and an } interior cabin fireplace, all propane fueled and computer controlled. } l Washington Dulles International Airport Live-Fire Training Facility - Project manager for the design of this facility that includes a computer-controlled, propane-fueled, 1254oot-diameter fuel spill bum area, i vehicle maneuvering area, control tower, propane distribution system, and vehicle extrication pad. The facility f will be designed to allow for the future expansion to include an administration building, a specialized aircraft fire trainer (SAM, and a structural fires trainer. } Chicago O'Hare International Airport ARFF Training Facility, Symtron Systems, Inc., Chicago, IL.- Project manager for modifications to the design of this facility, which consists of a 125-foot-diameter fuel-spill bum area with a separate aircraft fire trainer. The project was designed prior to the equipment supplier } selection, and once the supplier was on board, John's team modified site plans to meet their equipment 1 needs. This included updating the fuel spill bum area drainage, propane bunkers and mockup foundations, modifying the aircraft fire trainer foundation, coordination with the propane system designer, and revisions to 1 the electrical power and control system. } Salt Lake City Airport Bum Pit Relocation, Salt Lake City, UT - Project manager for design of this training facility that has a 125-foot-diameter fuel-spill burn area with an active aircraft fires trainer mockup in the center, The project was designed by another A/E firm but re-assigned to John's team at 50 percent level of completion, and they eliminated plan inconsistencies and finished the project as the engineer-of-reoord. l Taxiway C Extension at Dallas/Fort Worth International Airport, TX - Project design engineer responsible for initial layout of the taxiway extension and taxilanes, including both horizontal geometry and f vertical profiles. He was also design civil engineer for the rehabilitation of Runway 13L/31 R at Dallas Love Field. The project included resurfacing of 7,752 feet of runway, associated taxiway intersections, shoulders, i and lighting. He followed the project into construction as the onsite project engineer, supervising the 1 inspection of the $8 million project. Runway Rehabilitation, Love Field Airport, Dallas, TX - Project engineer who helped with the rebuilding of Runway 13L/31 R within 140 calendar days. Project coordination required phasing work to complete all removals, light installation, milling of old surface, asphalt bond breaker, and concrete paving with new } shoulder installation to take place while other runways were operational. Shoulder installation consisted of ❑ ❑ Mmley-Horn and Associates, Inc. John D. Blacker, P.E. Fire Training Facility Civil Engineering Significant Past Projects, cone i old shoulder removal, lime treat sub-grade, new asphalt shoulder and re-working shoulder edge lighting system. The project involved removing all existing runway and connecting taxiway lighting systems, removing 7 shoulders in their entirety, removing entire sections of the old runway, milling old runway to a plan profile grade, replacing removed sections with concrete, installing new runway light systems imbedded in old runway set to finish grade of new construction, asphalt bond breaker, concrete paving matching plan profile and lighting system needs, and striping. Alliance Air Trade Center, Haslet, TX - Project manager for the team that provided survey, platting, easement preparation, and civil engineering services for the initial phase of a 26-acre industrial officelwarehouse development which included a 99,000 square-foot air cargo facility located adjacent to Fort Worth's Alliance Airport. Kimsey-Hom coordinated with the City of Fort Worth and their consultants on the adjacent airport taxiway expansion project, worked with the City of Haslet on infrastructure and drainage matters, and assisted the project design team in navigating through FAA development regulations. The project was conditionally approved by the City of Haslet. Years of Experience Kimsey-Horn: 2 Other Frms: 18 Education and other Professional Qualifications } Bachelor of Science, Civil Engineering, Texas Tech University, 1985 Bachelor of Architecture, Texas Tech University, 1985 Professional Engineer in seven states Member, American Society of Civil Engineers (ASCE) Member, American Institute of Architects (AIA) John has 20 years of civil and structural engineering experience, strong architecture skills, and a broad technical background in aviation/transportation, industrial, and specialized facility design. He is proficient not only in managing the design of Fire Training Facilities, but also the management and design of Land Development and Airport-specific projects including construction management and inspection projects. John } has been responsible for project management, budgeting, scheduling, and all areas of construction f management including construction administration and field resident engineering. 1 Current Project Assignments Piano ISD Cox Building Addition - August 2004 Town Center Bank - August 2004 Decatur Industrial Park - September 2004 } 1 j ~ ❑ ~ ❑ MfnlBy-Horn and Assodates, Inc. j Jeffrey W. Linder, RLA Landscape Architecture Signifr'cant Past Projects Master Park and Trail System Master Plan, Keller, TX - Project manager as Kmley-Horn updated the city's comprehensive land use plan, which includes a park 1 trail system master plan. The project team updated Keller's trail system plan and addressed the need for a recirculating plan, since the city lost 2.5 } miles in Its southern sector. Kimley-Horn also coordinated Texas Parks & Wildlife issues, identified trail alignment 1 locations, provided linkage alternatives for location of hike and bike trails, addressed the issue of equestrian center relocation, and identified two new-park locations. ) Land Use Plan Update, Keller, TX - Project manager as Kimley-Hom updated the city's comprehensive } land use plan. The Phase I project scope included preparing land use standards and guidelines for major } traffic corridors, developing guidelines for the analysis and review of property for zoningtrezoning, guiding future residential land use densities; coordinating mutual land use proposals with adjoining communities, guiding the land use issues for a portion of county property that may eventually be inside City limits, 1 determining industrial park land use, and developing guidelines for old downtown overlay district. } Woodway Beautification Plan, Woodway, TX - Team member during the development of a beautification ? plan for the City of Woodway, which included an inventory of existing landscape enhancement and identification of opportunities for future enhancement Through coordinated efforts with TOOT, City of Woodway staff, and the Woodway Beautiful Commission, Kmley-Born prepared a report that will allow for consistent theming and provide guidance for City leaders as they work toward continued improvements. } 1Gmley--Horn noted key areas and provided a schematic design for each one that included cost opinions, priority ranking and potential funding mechanisms. North Tarrant Parkway Phase I, North Richland Hills, TX - Landscape task leader as Kimley-Horn I provided engineering design for the 0.75-mile first phase of this roadway. The existing two-lane asphalt roadway was extended to a six-lane divided principal arterial. This project is the City's northern gateway and includes 45-foot parkways and 30-foot medians with extensive landscaping and streetscaping. The project scope included roadway design, paving, drainage, traffic signalization, construction sequencing, TxDOT and franchise utility coordination, striping, street lighting, significant streetscaping and landscaping, and monthly stakeholder newsletters. North Cities Park Land Planning, Lewisville, TX- Project manager of the Kimley-Hom team that prepared land use plans for a t 411-acre office, retail, commercial, and industrial development north and south of SH 121 in the City of Lewisville. This project required coordination with city officials as well as preliminary opinions of site development costs. ) I 1 i ° ❑ ~ ❑ iGmley-flair and Associates, inc. Jeffrey W. Linder, RLA Landscape Architecture Significant Past Projects, cont. 1 Elm Fork Ranch, Carrollton, TX - Task manager during this land planning project for a 485-acre tract at l the northern edge of existing development and located on either side of the SH 121 Bypass Corridor. Team j responsibilities included parcelization, land use assignments, writing planned development zoning standards, } presentation of zoning request, and amendment of the city's thoroughfare master plan. Plano DART Transportation Land Use Study, Plano, TX Team planner who helped develop Station } Area Plans for two Dallas Area Rapid Transit (DART) light rail stations. Final station area plans include l design guidelines for implementation, station site plan, and transportation network modification } recommendations, as well as financing strategies for implementation of the land use recommendations. } Ultimately, the plans helped with reducing congestion, increasing accessibility, maximizing use of the transit element, promoting strategic public and private development, and building consensus among DART, Piano, } and land owners. 1 Las Vegas Boulevardl4th Strut Streetscape, Las Vegas, NV - Team planner who helped make recommendations for functional and aesthetic improvements to the two-mile condor. Improvements include 1 upgraded, wider sidewalks; new roadway surfacing, curb and gutter; upgraded streetlights, traffic signals, and regulatory signage; pedestrian amenities including precast benches and waste containers; and J landscaping and irrigation improvements compatible with the acid climate of Las Vegas. Heritage District Master Plan, Bonham, TX - Team planner for an overall revitalization program. } Services included urban planning, landscape architecture, signing and hadscape design (benches, lighting, } etc.), park planning, transportation planning, graphic design, and an extensive public involvement program. } Surf and Swim Children's Pool and Master Plan, Garland, TX - Team designer as Iimley-Horn worked ? with the City of Garland on expansion plans for their aquatic facility. Additions included a new front gate, } expanded shaded seating, both a small and large children's play pool, and a slow river. Construction documents for a Phase I Kid's Pool addition included zero-depth entry, interactive water play features, non- slip surfacing, shade structures, and site furnishings. 1 Craig Ranch, McKinney, TX- Project planner for the K imley--Horn team that worked with the City of . l McKinney to help define a land use plan for the City's Regional Employment Center (REC). Project responsibilities included drafting development standards for the overlay district and helping to define the 1 image of the area, since the property was the first to develop in the new district. Uses in the development 1 include office, retail, campus commercial, mixed-use, and high, medium, and low-density residential. The development also includes a hoteVconvention center and a high-profile, destination-style PGA golf course Sandy Lake Road Improvements, Coppell, TX - Project planner. This project involved the design of the } reconstruction of a 1.9-mile section between Denton Tap Road and MacArthur Boulevard. The scope includes alignment and right-of-way determination, drainage evaluations, phased construction of approximately 10,540 feet of concrete pavement, curb and gutter, utility adjustments, relocation of a 304nch 1 water line, design of a 30-inch water line, traffic signalization, major landscape improvements, and irrigation. ~ IGmiey-Horn f~ and Associates, Inc. 1 Jeffrey W. Linder, RLA Landscape Architecture Significant Past Projects, cont. i This project also includes cross street grade adjustments, retaining walls for tree preservation, coordination of franchise. utilities, grade separation, and the design of an eventual four-lane thoroughfare. Spring Creek Parkway East Area Study, Piano, TX - L.A. task manager as in association with another firm, Kimley-Horn developed alternative land use and transportation plans for an area in northeast Plano. The area is bounded by North Central Expressway on the west, Spring Creek Parkway on the north, Rowlett Creek on the east, and Bowman Branch on the south. Two land use alternatives for future development of this area incorporating a Dallas Area Rapid Transit (DART) station, a civic center/auditorium, and a community college site were prepared. A preferred aftemative was developed incorporating each of the three elements into the general plan. Downtown Entry Corridor Improvements, Las Vegas, NV - Team planner as IGmley--Hom served the City of Las Vegas for this multimillion dollar improvement to the downtown entry corridor. The project objective was to enhance traffic flow with attention to enhancing capacity through implementation of 4th Street as one-way northbound (three lanes) and special intersection design at 4th Street/Las Vegas Boulevard. Project included streetscape beautification and planning/design of hardscape and softscape elements to provide an enhanced } visual appeal to drivers and pedestrians. Kimley-Horn provided all preliminary and final plans, traffic signal design, special lighting design, utility coordination, and an extensive public involvement program. The uniquely 1 designed corridor required non-standard lighting such as special HPS lighting fixtures, color coordinated poles, MH up lighting at tree pits, and provisions for future neon lighting. } Education and other Professional Qualifications Bachelor of Landscape Architecture, Texas A&M University, 1995 } Registered Landscape Architect 1 } Jeff Linder has 11 years of specialized experience in land planning and landscape architecture. His project experience includes everything from municipal facilities and parks to roadway corridors and residential and commercial developments. He also has expertise in urban design, site planning, zoning, annexation, and } streetscape.design and he is well accustomed to working with the civil engineers on a project in order to } integrate planning and landscape architecture components as smoothly as possible. } } Current Project Assignments } Saddle Club SF Landscape Architecture - September 2004 } Pollard Street Pedestrian Way - August 2044 } Lake Worth Parks Improvements - November 2004 } } } } State-of-the-Art Fire Technology Training Facility Opening in North Texas by John D. Blacker, P.E. j America's firefighters are being called on today to do far more than fight fires. Whether it's a hazardous-material spill, floodwater rescue, underground gas leak, trench cave-in rescue, or chemical fire, firefighters more than anyone else are being asked to staff the front lines. At the same time, however, tax-strapped county and city governments have continued to reduce funding for fire and police training - a decade-long trend. The gap between public safety needs and adequate training for contemporary firefighters is growing at a worrisome rate. In North Texas, however, a community college system is blazing a trail away from that trend. On the outskirts of Fort Worth, ? the Northwest Campus of Tarrant County College {TCQ in August opened a 27-acre, $18 million fire-training complex that insiders only half jokingly refer to as the "Disneyland of fire training facilities." In much the same way Disney raised the bar for entertainment parks, the TCC Fire Service Training Center may change the look and reach of fire training for all time. The `Disneyland of Fire Training Facilities' TLC's training center includes a six-story building for training high-rise firefighting; a one-story complex simulating a three-store strip shopping center; a two-story structure reflecting a hotel or apartment environment; and a separate row of simulated houses that 1 have alleys, fences, landscaping, and straddle a simulated city street. The complex also includes a manmade channel used to train i firefighters and police officers in swift-water rescue, a pad for fuel- spill training exercises, and a system of trenches where rescue workers will practice rescues necessitated by broken gas lines or trench j collapses. } 1 J j Rounding out the complex are a simulated fire station, two } partially enclosed outdoor classroom buildings, and a three-story administration/classroom building from which computers control the } intensity of fires and reaction of the flame as the extinguishment agent is applied. The administration building also includes space for regular campus classes and meetings. } It's the integration of all these elements into a unified facility, one greater that the sum of its parts, that is really successful at TCC, } said Todd Tovani, the design architect with BJSS Duarte Bryant. Impressively ambitious, TCC's training center actually began } in the late 1990s as a modest 44,000 square foot addition to the } school's police academy. That plan began to grow dramatically, however, when college officials began to realize how far the nation had fallen behind in fire training. } } "The project went through three stages of growth," said Carl } Pringle, director of facilities for TCC. "Before we were finished, our project went to $18 million. But that shows the extent of the need. For example, firefighters here who want to practice swift-water rescue used to have to rent time at the water amusement park in Arlington. As we discovered how large the needs were, the budget grew } accordingly. Our trustees also became increasingly excited about the role we could play in filling a huge public safety gap." ) } TCC met the funding challenges by implementing a novel } approach, one that allowed the college to fund the project through maintenance tax revenue rather than general obligation bonds. f As the design team began to take shape, TCC contracted with PBS&J, a national engineering and environmental consulting firm, to provide civil engineering, landscaping and surveying services. Architect of record for the team was PBK Architects of Dallas and the design architect was BJSS Duarte Bryant of Olympia, Wash. It also p entered into a construction management-at-risk agreement with Charter Builders, Ltc. of Dallas. As part of the cm-at-risk partnership, Charter was responsibilities for managing the construction process as well as cost control. } ) ) Many Systems, Many Challenges l In terms of scope and use of technology, few if any training centers come close to matching TCC's. For civil engineers, the project required acute planning to assure the water, fire and structural systems would work efficiently. Moreover, TCC's fire training center has the singular mission of simulating danger at every corner. Although it may be a controlled environment, the training center's fires, swift-water and trenches are very real. For engineers, then, there was little room for error. TCC began construction of its training center in August of 2001. Slightly northeast and contiguous to the main campus, the training complex is built on terrain that rises from 710 to 758 feet above sea level. Instead of leveling the land, planners saved the natural contour so trainees can experience what it's like fighting fires and parking fire trucks on uneven terrain, Tovani said. Excavation was a bit challenging because of the lack of topsoil. In most areas, rock was found only six inches below the surface, although the limestone strata were not uniform. However, the rock could be ripped instead of blasted. By the time the complex opened, about 60,000 cubic yards of material had been cut and 45,000 cubic yards of material had been filled. Lime stabilization was not required. Where the sub-grade was in rock, crushed limestone or j "chat" was used to fill the voids from the excavation operation. Site work also included construction of two ponds at the base > of the complex. Because of environmental and economic concerns, the training center recycles the water it uses. Initially, water was pumped into the two ponds from nearby Marine Creek Lake, establishing the ponds as a recyclable source of water for the training complex. Storm water and extinguishment agent runoff is collected in the storm sewer } system and piped to the upper and lower ponds. Water is pumped throughout the training area via 8-inch and 10-inch pipes. 1 ) ) ) ) ) 3 ] Water World Water plays a critical role at the complex, not only in the } extinguishing of fires, but also in the training of swift-water rescues. TCC's training center has made swift-water training a priority because } that type of rescue has a high fatality rate, according to TCC Fire Academy Coordinator Tommy Abercrombie, a long-time Fort Worth } firefighter who is credited with bringing the project to fruition. Consequently, various swift-water scenarios are offered. One includes } the rescue of someone stranded on the top of a vehicle in the middle of the channel. Another involves the use of rescue ropes stretched across the channel. Immediately below the spillway, where hydraulic churn is } strongest, immersed firefighters are taught how to save themselves when caught in a hydraulic jump. The defensive swim section of the } channel teaches rescuers to keep their feet up and catch rescue throw- bags. } To make these exercises possible, PBSU created a concrete } channel over 700 feet long that runs from the top of the complex to the base. Five feet deep and eight feet wide, the channel begins at a 15' } long x 32' wide x 12' deep headworks structure. J At that point two pumps, discharging water at a rate of 80,000 } gallons per minute, move water from the upper pond through a 72 inch concrete pipe into the headworks structure. The water fills the } structure and spills over into the channel. The pumps are 355 } horsepower, submersible pumps provided by ITT Flygt Corp. } Depending on which of the several different exercises is underway and there are several different types water velocity varies depending on the cross-sectional area of the channel. At its most } rapid point immediately below the headworks structure, water velocity is more than seven feet per second in the defensive swim channel. } Where low-water crossing techniques are taught, velocity is two feet } per second. When training exercises are not underway, the two larger } pumps are shut off and a smaller 300 GPM pump continues to trickle water through the channel. Symbolically, water is very important to } the facility. The trickle flow of the swift-water rescue prop helps 1 reinforce this concept as it is viewed from key pints around the } complex. } } } 1 1 } } 1 The channel is also used to teach emergency personnel how to draft water from alternate water sources such as streams, lakes and swimming pools. Motorized valves on some of the training fire hydrants, controlled from the central computer room, are used to J reduce hydrant pressure, creating a scenario where the trucks have to draft from the pond to have adequate water. The facility has two hydrant systems. The fast is connected to the city water supply and provides real fire protection to the complex. } The second system is for training. Two 88 -horsepower Flygt submersible pumps provide more than 1,600 GPM at 50 psi to the training water hydrants. A 20,000 gallon hydro-pneumatic tank is supplied in the system to modulate the pressure. Since the water is } being pumped from the lower pond, a filtration system has been } installed to protect the pumps on the fire trucks. The system, supplied by Lakos Sand Separation Systems, consists of two eight-foot long separators capable of removing 98 percent of particles 74 microns and larger with minimal pressure loss. } Standing up to the Heat TCC's training exercises cover the gamut of commercial, residential and industrial fires. The six-story simulated high-rise, which allows the training of high-angle rescues, includes a loading } dock with a tractor-trailer rig fireplace and an area where warehouse fires can be simulated. The upper floor includes a special spring- supported floor that creates the sensation of working on a buckling surface. Adjacent to the new high-rise is an older four-story fire tower, which is not active but was kept to help simulate a downtown street. In the nearby retail strip center, three storefront shops are able to simulate a dry cleaning establishment, restaurant with commercial kitchen, and other types of businesses. The hotel/apartment training center includes a breezeway, which is common at hotels and multi- family facilities, and fireplaces with systems that emit non-toxic smoke. ) 1 f Designed as the premier fire-training center in America, TCC's } complex is expected to receive extensive use. By design, it allows several training activities to be conducted simultaneously. To extend the life of the training buildings, the team selected exterior CMU } concrete brick, which is best able to withstand extreme temperatures. On the inside, Pagenite wall panels further reduce heat forced on the structural components. } Fuel for the Fire } At the various training sites, propane and natural gas are used to fuel the fires. Because Dallas-Fort Worth has been designated by the Environmental Protection Agency (EPA) as a non-attainment area, gasoline or wood-pallet fires, commonly used at training centers } elsewhere, were not an option for TCC. l Propane is used for the exterior fires and for the fuel spill fires because of its high expansion ratio going from liquid to vapor. Natural gas was available at the site and was used for the interior fires. The computer-controlled systems create a safe, realistic, reliable and ` repeatable fire training experience. The live-fire training system was } designed by Symtron Systems Inc. of Fair Lawn, N.J., the 20-year l~ leader in the field. Although the smoke and flames are truly realistic, } they are environmentally inert, said Terry L. Haymond, director of facilities development for Symtron Systems. If a firefighter encounters difficulty, the system is equipped with emergency shut-off switches, } both in the control tower and on the ground, which will immediately turn off the fire. Train for any Emergency Along with fire and swift-water training, the TCC project offers confined-space training. On the west side of the complex is a t network of concrete trenches eight feet deep. In the trenches, rescue workers can practice various rescue techniques, including storm- sewer searches that require firefighters to navigate their way through 24 and 30-inch ADS pipes. In the trench used to simulate gas-line and } waterline breaks, the sound of hissing gas is evident. By opening a } valve, the trench quickly fills with water. During some exercises, } simulated earth is loaded behind two six-foot tall sluice gates. When the gates are opened firefighters experience the sensation and hazards of a collapsing trench. } 1 3 Near the confined space training area, rescue workers also have an opportunity to practice fuel-fire response. On a 20 by 20-foot concrete pad, liquid propane burners can create flames 40 to 50 feet high. The fuel spill is adjacent to a railroad track complete with rail cars on their sides. The track and rail cars were donated and installed } by Burlington Northern Sante Fe. In the future, a railroad tunnel will be added to allow training in the rescue of a subway emergency. Remote Sensing and Control } The various propane/natural gas systems are controlled by a dedicated computer in the administration building computer room. The computer continuously performs checks on the equipment to } ensure correct operation. In the event of an unsafe condition or emergency, the computer immediately aborts the training scenario. Flames are automatically extinguished, but smoke is evacuated and interior temperatures are reduced. } The Symtron Systems life-fire training network includes sensors in each building. They can be activated remotely from the control center, where the intensity of the fire can be regulated. In fact, sensors allow practically every aspect of the training exercises to be controlled from the control room, including lights, water, gates, and thermo-imaging cameras. The sensors even make it possible to print readouts of how much time was required to extinguish fires. Fast-Track Construction } Despite its complexity, TCC's training center was designed as > a fast-track project with only a 12-month schedule. Thanks to } reasonably good weather and acute coordination, the project moved forward quickly. - Despite an $18 million outlay, TCC should be able to recoup its initial $18 million investment in about 10 years, college officials said. The college will market the center not only to Texas fire and police departments, but public safety departments across the nation. There's little doubt the need is there. 1 t 1 } } 1 l } "Across the nation we are seeing fewer fires, but because of petrochemicals and lightweight materials, the fires are hotter and more dangerous," Abercrombie emphasized. "At the same time that higher } skills are required, training centers have basically disappeared because of environmental concerns. Consequently, we're going to cover as } many bases as possible here and also allow for future growth by adding extra conduit. In terms of technology, I'm not aware of any } center coming remotely close to what we offer. Our instructors even have pocket controllers that allow them to start and stop fires in the training buildings where they're teaching. "Because this project involves so many nuances, coordination } was one of our leading challenges. But it has come together very well, } and amazingly fast," Abercrombie added. "We at TCC are exceedingly proud of what we can offer the nation's public safety professionals. There hasn't been anything like this, and therefore there's been a tremendous void. We think we've gone a long way toward filling that void. I believe lives are going to be saved because } of this project." {John Blacker is a program manager with PBS&J, one of the } nation's leading engineering and consulting firms. Blacker can be reached at 972-380-2605. You may view the company's web site at j www.pbsj.com.) h r } } f y Tarrant County College } Fire Service Training Center 7 tea' ~y 1S i 3 } } RICHARD M. FLYNN FIRE TRAINING FACILITY The existing Richard M. Flynn Fire Academy consists of a bum building, an administration building, dormitory and other outdoor training props. The only training element that was missing was the large scale fuel spill burn area, necessary to allow fire service personnel serving Index E airports to maintain their certification per . the FAR 139 training requirement. On 10 acres, ~c► adjacent to the existing Fire Academy and a pristine river, an ARFF Training Facility was f designed to enhance the training experience and to fit in with nature. } The Richard M. Flynn ARFF Training Facility consists of a computer-controlled, propane- fueled, 125-font-diameter fuel spill burn area, vehicle maneuvering area, control tower with safety briefing classroom, propane distribution system, and a Specialized Aircraft Fires Trainer 1 <,y (SAFT). The SAFT consists of a mockup containing the following fireplaces: a cockpit fireplace, a cabin fireplace with both port and ` starboard side fires and a flashover, a cargo } = area fireplace, an APU fire, a baggage "compartment fire, an electronics bay fire, a } wheel brake fire, and tail and wing engine } ww fireplaces with both running and non-running scenarios. i Location: Richard M. Flynn Fire Academy, Concord, New Hampshire Client: State of New Hampshire, NHDOT } Division of Aeronautics Status: Operational } 4 Y Date of Completion: 2102 As Approximate Cost: $7,000,000 } Approximate Fee: $500,000 Reference: Rick Mason, Director, 603-271-6099 Tricia Lambert, NHDOT, 603-271-1674 } > IE 4 oil l PHILADELPHIA INT'L AIRPORT ARFF TRAINING FACILITY ) In order to meet the training needs of the Philadelphia International Airport and 1 surrounding area, the City of Philadelphia } contracted with the PBS&J Team to design a state of the art, ARFF Training Facility located on 10 acres on Airport property. The Training Facility will consist of a computer-controlled, propane-fueled, 125-foot-diameter fuel spill bum area, vehicle maneuvering area, control tower 1 with safety briefing classroom, propane distribution system, and a Specialized Aircraft Fires Trainer. The facility is located in a remote corner of the Airport, adjacent to an FAA radar facility and a tidewater drainage ditch. While being located on Airport property inside the AOA, the facility is actually located in Tinicum Township. Permitting and plan review coordination was critical. Due to City of Philadelphia requirements, the project was bid in ? four separate contracts: General, Electrical, Mechanical, and Plumbing. ' Location: Philadelphia International Airport 1 Client: City of Philadelphia Status: Under Construction } Date of Completion: 3102 Approximate Cost: $7,000,000 Approximate Fee: $500,000 } Reference: Mark Coval, Project Manager, 215- 937-6728 } 1 i ~ I F t 1 1 l - 1 } Isbell Engineering Group } Structural Engineering Consultant S } J ) } } J } f f ' ) ) J J 3 1 ) COMPANY BACKGROUND: Isbell Engineering Group, Inc. is a multi-disciplined professional firm specializing in Structural and Civil Engineering, Geotechnical and Construction Material Testing services established in 1977 by David / K. Isbell, P.E. The office is located in Sanger, Texas and has ex- "Integrity in Engineering" panded to a current staff of over 30 professionals, and currently is } registered to practice Engineering in over 37 states. } CONSULTANTS IN ? ENGINEERING & SERVICES PROVIDED: } PLANNING Structural Engineering Commercial Residential Industrial Institutional } Forensics } PROFILE Geotechnical Engineering } FIRM Geotechnical Investigations Civil Engineering OUR MOTTO } Land Development "Integrity in Engineering" Surveying We are committed to helping Platting you achieve all of your project Master Planning goals, including budgets and Urban Planning deadlines. Landscape Design } This means we will do our best to be accessible at all times, } undivided in assisting you, Construction Materials Testing honest, practical, hard working, Pier Inspections and looking out for you. Concrete Placement Observation and Testing Soil Densities, site work, utility trenches, etc. } Aggregates j Reinforcing Steel Structural Steel Masonry Mortars/Grouts Concrete Cylinder Testing Full Service Soils Laboratory i Industrial/Warehouse Building Design Architectural Engineering Isbell Engineering Group. Inc. Site Layout 1405 W. Chapman Dr. #200 Design/Build 1 Sanger, Texas 76266 940-458-7503 1 940-458-7417 Fax isbell@isbellengineeArig.com } } } } } l + DAVID K.,ISBELL. P.E. # President, CEO. Structural Division Manager David Isbell has a Bachelor's and Master's Degree in Civil Engineering with a concentration in Structures. In 1977, David began offering i "lntegrffy in Englneedng" consulting services and the firm of Isbell Engineering, Inc, was created. 1 Since then over 2,000 projects have been completed by the firm ranging from residential additions to large industrial plants. Schools i CONSULTANTS IN and industrial facilities have been especially numerous, but David has ENGINEERING & extensive experience in all types of building materials. } PLANNING Professional Affiliations Member, American Society of Civil Engineers a Member, American Concrete Institute 1 Member, National Society of Professional Engineers Member, PTI Community Affiliations Elder, Cross Timbers Church Member, Melodrama Actors of Mt. Springs 1 Professional Licenses 1 Licensed Professional Engineer Licensed Professional Surveyor in Texas 3 } Education Nigh School - W.T. White, Dallas, Texas, May 1966 i College - BS in Civil Engineering The University of Texas at Austin 1970 Masters of Engineering The University of Texas at } Austin 1973 1 STATE REGISTRATIONS 1 STATE CERTIFICATE # Alabama 13544 SA CLR71FICATI= # i Mississippi 9104 Arizona 25586 Missouri 21153 } Arkansas 5013 Nebraska 5605 California 30127 New Mexico 8652 Colorado 17315 North Carolina 11790 1 Florida 33838 North Dakota 3451 Georgia 14522 Ohio 48429 } Idaho 4861 Oklahoma 10894 Illinois 92833 Oregon 12416 Indiana 20636 Pennsylvania PE 042050 R Iowa 10388 South Carolina 7651 Kansas 8264 South Dakota 3922 } Isbell Engineering Group. Inc. Kentucky 12642 Tennessee 16582 1445 W. Chapman Dr. #200 Louisiana 21076 Texas 37838 1 Sanger, Texas 76266 Maryland 17430 Virginia 14655 940-458-7503 Massachusetts 35760 Washington 2204 940-458-7417 Fax Michigan 30413 West Virginia isbellftbellengineering.com Minnesota 16480 Wisconsin 11341 ~ 22753 Wyoming 6169 l } GOVERNMENT FAQUITES ? Comanche County Jai, Lawton, OK t rr„ Cron County Juice Center, Sherman, TX ! Van Aistyne Justice of the Peace Center, Van AWyne, TX "Integrity in Engineering" Denton County Cornntswers Court New Goverrxrrent Center, The } Colony, Texas Denton County Carroty Courts Buldr ig, Denton, Texas 1 CONSULTANTS IN CamwteaheRenovakxiDenton, Texas East Galery Addfion and Renovation, Cater Denton Arts Councl, ! ENGINEERING Denton, Texas PLANNING Crtyof Denton: avIc CenierTolet RxMies ! Civic Center Pod Service Center City Hal } Visual Arts Center } Denia Recreation Center Denton Fee Station Denton CenW Fee Station Related Experience LeMsvlleFreStation #1,LevvMe,TX Lewisde Fee Station #2 Lewisville, TX Bedbd4CoL-y~ Fre Station, Bedford, TX North tJtand Fis Fire Station, North Bd*x)d HE, TX Rower Mound Fre Station #3, FbAer Mound, TX 1 Harker Heights Fre Station, Harker Heights, TX ! Bedford Fre Station, Bedford, TX Stwman Fee Station, Shermc n, TX Lake allies Fre Station, Lace Dalai, TX Tecarkarla Fre Station North Fre Station, Texarkana, TX } Plano Fie Station #3 & #4, Plano, TX ! City of Carlton Fires Station, Carolk n, TX Cooper Road Fre Station, Tecarkana, AR } Ardmore Fre Station #3, Ardmore, OK Ardmore Fee Station, Ardmore, OK AsdrTne Fee Stalon, Ardmore, OK ! Carrolton Fre Station # 1, Caarown, TX } Carnltrm Fire Station #2, Carrolton, TX ) l Isbell Engineering Group, Inc. 1405 W. Chapman tor. #200 Sanger, Texas 76266 940-458-7503 1 940-458-7417 Fax isbellWisbellengineering.com 1 } l j Dale W. Caffey Consulting Engineers } MEP Engineering Consultant 7 } } j - } i ' ) } } } Dale W. Caffey Consulting Engineers, Ymc. is a multi-disciplined electrical and mechanical engineering firm with a vast amount of experience in the design of electrical/mechanical 1 systems for all types of facilities, buildings, and industrial/manufacturing systems. DWCCE was } established by its founder, Dale W. Caffey, more than twenty years ago and currently serves satisfied clients throughout Texas as well as nationwide. } Mechanical and electrical consulting engineering services include: ► Electrical Distribution & Controls } ► Lighting } Exterior and } Landscape Lighting ► Air Conditioning, Heating, and Ventilation 1 Site Utility Systems Plumbing ► Fire Alarm Systems ? ► Fire Sprinkler Systems ► Industrial Process Design i Construction Administration ► Energy Management/Sustainable Buildings 1 ► Environmental Issues 1 ► Facility Surveys ► Building Systems Evaluations ► Engineering Project Management The broad range of DWCCE's engineering services are directed toward computer centers, industry, distribution centers, manufacturing, medical facilities, schools/universities, churches, spoits 1 facilities, restaurants, retail, all levels of government auditoriums/theaters, and commercial owners. Firm and personnel project experience includes new construction, additions, and renovations. 1 i 1 1 } DALE W. CAFFEY } is a Registered Professional Engineer with a Bachelor of Science Degree in Electrical Engineering. Dale Caffey worked as an electrician at Tyler Pipe & Foundry Company while attending college } and held a Masters Electrician License. His engineering career began as a plant engineer for Aluminum Company of America in Rockdale, Texas after graduating from Texas A & M } University. In 1972, Dale Caffey joined the Dallas consulting firm of Alan H. Smith Consulting Engineers, Inc. and eventually elevated to the position of Senior Vice-President and second majority stockholder. In 1982, he created the consulting firm of Caffey Engineering Company and operated } in that capacity until teaming with a partner to form Caffey/Sayers Consulting Engineers, Inc. In 1991, he founded his present firm, Dale W. Caffey Consulting Engineers, Inc (DWCCE). He has many years experience in the design of electrical distribution and controls for commercial, } industrial, and institutional buildings. More detailed experience includes electrical distribution, energy studies and evaluations, lighting design, industrial process systems, emergency power sys- tems, and high voltage systems. Dale Caffey presently functions as the CEO of DWCCE with involvement in engineering design, design production, and facility evaluations. } EDUCATION: Texas A & M University B.S.-Electrical Engineering Graduated 1969 } PROFESSIONAL ENGINEERING REGISTRATION CEES : Arizona Florida Louisiana North Carolina Texas Arkansas Illinois Massachusetts Oklahoma Utah California Iowa Michigan Oregon Virginia Colorado Kansas Missouri Pennsylvania Washington Kentucky New Mexico Tennessee Wisconsin PROFESSIONAL AFFILIATIONS: TSPE (Texas Society of Professional Engineers) NSPE (National Society of Professional Engineers) } American Consulting Engineers Council Consulting Engineers Council of Texas } NCEE (National Counsel Engineering Examiners) ) Dale W. Caffey Consulting Engineers, Inc. Personnel 1 1 " REPRESENTATIVE MUNICIPAL PRO CTS 3 } Denton Main Fire Station } Denton, Texas j Construction Completed: 2002 Architect: Kirkpatrick Architectural Studio - Denton, Texas Fire Station Nos. 3, 5, and 7 } Wichita Falls, Texas } Construction Completed: 2001 Architect: Staley Architects - Wichita Falls, Texas } } Fire Station No. 1 } Grand Prairie, Texas } Construction Completed: 2000 Architect: McCaslin Cowden Architects Allen Senior Citizens Recreational Facility } Allen, Texas Construction in Progress Architect: Pro$Forma Architects - Dallas, Texas } Allen Library and Civic Auditorium Allen, Texas Construction Completed: 2004 Architect: Pro$Forma Architects - Dallas, Texas > Tburgood Marshall Recreation Center Renovation Dallas, Texas Construction Completed: 2003 Architect: Johnson McKibben Architects - Dallas, Texas > Arlington Police Training Center Arlington, Texas Construction Completed: 2004 Architect: ARB Architects - Dallas, Texas Greenville Recreation Center f Greenville, Texas i Construction Completed: 2003 Architect: Cummings & Associates Architects - Greenville, Texas s Daly W. Caffey Consulting Engineers. Inc. Related Project apeiieoce 7 Spinnaker Technology Group } Information Technology Consultant I } I } 1 ) } f 1 ) S innaker At Spinnaker Technology Group, we are your computer 1 networking and infrastructure experts. We understand that Techrvolo fy Group, LLC your computer network is the foundation on which you run your business. That's why we build reliable, rock solid, } high-performance computer networks that meet your needs j today, while allowing You y growth for the future. } Our services and solutions include: Network Design & Implementation Spinnaker Technology Group's team of experienced and knowl- edgeable professionals can you help design and implement your computer network. We tap into our years of practical experience to put together a network design that meets your requirements, and then we implement your computer network according to a project plan based on industry best practices. Network Maintenance & Support After your network is up and running, you want to keep it that way. } Spinnaker Technology Group has a wide variety of maintenance ? and support programs that keep your network running smoothly. Product Procurement Buying technology solutions is still tough to do, even in today's world of on-line and mail-order stores. They have low prices, but } do they really know your needs? Spinnaker technology Group can help you procure all of your technology products in a manner that l meets your goals and objectives. } } } Office Information: Firm Name: Spinnaker Technology Group Type of Firm: Limited Partnership Year Founded: 2001 } Address: 11036 South Hunter Hill Lane Argyle, TX 76226 Telephone: (940) 368-8171 Fax: (940) 464-0366 } Email: bruce@spirmakertg.com Person to Contact: Bruce Mitchell Website: www.spinnakertg.com } 1 1 } } } BRUCE M. MITCHELL, LEAD CONSULTANT / OWNER S innaker j Technolofy Group, LLC QUALIFICATIONS - Planning, Organizing, Directing Activities and Projects. - Establishing Standards, Setting Priorities and Meeting Deadlines. - Handling a Variety of Tasks and Responsibilities Simultaneously and Efficiently. } WORK EXPERIENCE SPINNAKER TECHNOLOGY GROUP, LP } Argyle, TX July 2001 - Present - Built a Tecnology Consulting Firm - Provide ongoing design, implementation and support to over 30 } clients - Manage day-today operations and long-term strategic direction } for many on our clients } NTCS, Inc. Denton, Texas May 1992 - July 2001 President - Oversee sales, accounting, customer service, and strategic } direction of company - Perform sales functions primarily focused toward independent banks Work Experience prior to May 1992 was in Financial Analysis and Network Data Analysis EDUCATION } TEXAS WOMAN'S UNIVERSITY Spring 1992 - Fall 1999 Completed a Masters in Business Administration. 1 } UNIVERSITY OF NORTH TEXAS Spring 1990 - Fall 1991 Completed undergraduate business course work in preparation for an MBA program } l UNIVERSITY OF OKLAHOMA May 1986 BA in Journalists Concentration in Business & Communications } AMERICAN COLLEGE OF HEALTH CARE EXECUTIVES STUDENT ASSOCIATE MEMBER January 1992 - Present Client: . - S in naker DENTON INDEPENDENT SCHOO PTechnotaly Group, LLC Project Budget: $2,000,000 L DISTRICT Project Overview: Designed and managed the implementation of wide area network to service the Denton Independent School District's 14,000+ users. Involved in aspects of this project from design to implementation, from presenting ideas and plans to the School Board to coordinat- ing laying of Fiber Optic cable by the City of Demon, from design- ing data centers to working hand in hand with general Contractors. From a technical standpoint, the network was based on a fiber optic backbone that was coordinated and installed by the City of Denton. The backbone was designed using multiple redundant rings to ensure that the network would remain up in the case of multiple failures in the integrity of the backbone. The electronics were based on a Cisco switched platform. The server equipment is all based centrally in a Data Center. Since the initial design and implementation the District has been able to build on their invest meat by adding full motion video and all internal telephony ser- vices to the network. } Estimating Methodology Computerized Estimating Services (CES) will meet with Arhitect and their design team to review the scope of work for each discipline at each of the three major design stages } including Schematic Design, Design Development and 95% Construction Documents. } CES will visit the proposed site after the initial design meeting and before beginning the ? Schematic Design Estimate (taking digital pictures). During this site visit CES will make notes of any special needs such as power, utilities, grading, storm drainage, traffic flow } and signs of any existing above and below the grade structures that may need to be removed. These conditions will be researched with the design team and reflected in the } estimate. } j The estimates will be in the CSI format at each of the three different design stages of the project using Microsoft's Excel spreadsheet. The estimates include the summary sheet, exclusions and clarifications, three-page itemized list of general conditions and the 1 associated pricing sheets. These estimates will be emailed as a draft copy to the Arhitect for review. Any mutually-agreed changes to the estimate will be made as the final } estimate for each design stage and re-emailed to the Architect's office for distribution. j During the course of the estimating procedures, any questions of the scope of work will be emailed'to the Architect's office as the single source of responsibility. The responses to the questions from the design team will be incorporated into the estimate. The pricing used in the estimate will reflect the local and current market conditions. The pricing will not carry any hidden contingencies. The estimate will have a separate } exposed line for design contingency on the summary sheet. The amount of the design contingency will reduce as the project progresses to completion. The summary sheets } after the initial Schematic Design Estimate will have two additional separate columns entitled Previous Estimate and the second column entitled Difference so the changes in the estimate can be tracked. } CES will work together as a part of the design team to bring the project to a successful completion. } } } } ) 1 } ) } RESUME Gregory A Blanchard } 2823 VZ CR 1222 } Grand Saline, Texas 75140 903-962-5643 f Email: cescostes.t@msn.com Education } 1967 - 1970 Bachelor of Science in Construction Technology Associated Degree in Architecture } Purdue University Dean Distinctive List } } Work Ex erience 1986 - Present Computerized Estimating Services (CES) Grand Saline, Texas Owner - Vice President } Business developer, manager, estimating, scheduler for private and public commercial ground-up and renovation projects from the schematic to the } construction documents throughout the United States working directly with the architects and owners. } 1984-1986 George A. Fuller Construction of Texas j Dallas, Texas Chief Estimator 1 Hard bidding and negotiating commercial private } and public projects ranging from $3.0 to $30.0 million dollars in the Dallas/Fort Worth, Texas. 1 1982-1984 Kitchell Construction of Texas } Dallas, Texas Chief Estimator } } Hard bidding and negotiated commercial private projects primarily hospitals ranging from $2.0 to $20.0 million dollars in the Texas. i } Resume - Gregory D. Blanchard } 1979-1982 Bovis Lend Lease (formerly US Lend Lease) } Dallas, Texas Chief Estimator - Project Manager Estimating and managing design built and } negotiating commercial private and development projects ranging from $2.0 to $15.0 million dollars throughout the United States. 1977-1979 CM (Construction Management) affiliated with CRSS Architectural Firm Houston, Texas Chief Structural Civil Estimator } Estimating private, public, military and government projects throughout the world from the schematic to the construction documents ranging from $10.0 million to $33.3 billion dollars. i 1975-1977 Manhattan Construction Company } Houston, Texas Senior Estimate } Estimating hard bidding public and private commercial projects ranging from $10.0 to $25.0 million dollars throughout Texas. 1973 - 1975 Blount Brothers Construction Company } Houston, Texas Estimator } Estimating hard bidding public and private t commercial projects ranging from $10.0 to $25.0 } million dollars throughout Texas. 1970-1973 Beloit Component Inc. > South Beloit, l1linois } Estimator - Draftsman - Engineer Estimating, draftsman and engineer for prefabricated modular residential and commercial } wood framing and wood truss projects in Wisconsin, Illinois and Indiana. 1 } 1 Sample Estimate Enclosed Area 8fdg Area Page i of 26 y Fist Flax 8'= G32 97 1?e so j AtBrnate NO 1 - i5 336 S:` Kirkpatrick Architecture Studio CES - Computerized Estimating Services t ~G 6Y idyl: errf 2323 VZ CR 12222 Centcn Texas 7622! Grwv4 Saline. Texas 75140 j c-keg)-387-819; S3-W-5643 -ane$ Xirir- 1n-;`( Gre^ -34ach+ard No.. Design I)evokmment Totat Itst % of Site Bultding Previous Difference Estimate Cost Total Cost Cost Estimate 1 ::enexar :.aM1,10-4 - t5 rrt0ritns 453.368 457, 34696 7±r 000 383 362 453.566 4Q, j 2 Argyle 3uWing ?ermrt Fee 45 845 0 47 { Q 35% 7500 38 349 45, 845 0 3 Fees 300,000 305 2,"0% =004 none 300.X1; 4 lest Vnsrector, - A.ICww~Ca? 39 CG 0 36 a r% 15. m 20 We 35_X0 0 5 Seiecti a 54e r~rt~ 1.180 Doi 0 0195 1 .,F, 0 1-160 0 6 'Sass Excavation 240,'30 2 47 1 $4% 244.4X 0 2-19.535 '0.835 7 Sad Stawaa mn 5 1 4 0 57 042% 55.182 0 53-844 1,338 j 8 Termite Control 40-942 oil 0 0656 10.942 10.718 224 9 SiteUtfthes 1559,035 1 fi4 1,x296 159. 0 153.168 -5.90 !0 Storrl Cras a 134 3d 106 0 W% 104 934 0 56.830 46.104 j 11 L & irr 16I. 1 67 1 2496 181 9134 0 112.567 49.331 12 Fe 7.150 0 00496 7.150 0 6:240 910 13 mavement Mark V77 004% - 5.739 0 5.576 163 14 SRe Concrete 6 1'16 901 617 0 977 3211 24.297 1.9' 80Concrete 789% 1.028.980 451.3% 1s lri 6 SM 5 887.843 54.730 17 S1autT:araf S1ee1 5 4796 1140778 126-857 18 MSCallanews stw 05496 7815 70.967 0 49 Rauo Carpw*y 103% !35.015 137,372 •2.357 27 bark 505 975 5 21 3 N% 5M975 332.755 173.210 4 F w . 8 ,',sent seawts 16.144 O 17 012% 10.201 5.944 16, 408 -264 22 Pretinotedgoo" & stieetmeaais 479-4-iff 483 3,6895 479.552 487.178 -7.626 } 23 Roof iZ9 & Sheetmetals 479 665 0.48 0.36% 46 fi89 51 568 -4.876 24 latch 3.125 a 0.02% 3.125 3.125 0 l 25 Metai Doom & Frames - Mans FOS 95.955 099 0.74% 95.955 52.410 13,545 I 26 OW 5-core- MaYis PCB~ 20.295 O V 16% 20.2ss 24,480 -4,£85 27 AF-~in...ish Hardware - MaY1s FOB 473-45- 0rt49 036% 47.345 35.325 8,Wo j ?B Ors, frms & i-ardware - Labor 38. y 40 0.30% w,965 36.393 2.575 Z9 :af Doom 3150 003 0.02% 3.150 2.275 875 39 Class & 240.060 2 47 784% 240064 240,060 0 31 & RCgUSLCai 442.487 4.55 3.39% 442.487 497.483 -54.986 32 Tr1e W" 112.755 1 78 1.32% 172.75& 145.47? 27-283 33 T fe 43.9%0 0.45 034% 43900 23.3t~ 20.540 34 = & R65r*m 507.762 23 3 89% 507762 169.5w 338 182 35 -Wood riocrav 49.011 050 038% 49.x311 45.220 3.791 36 a wen & 233.$17 240 1 79% 895 232 722 156, ST 77.450 37 ptalk 8 Twkbaards r4,344 067 050% 65.344 43.988 21.376 j 39 Taiet par Mom a A- over 66.361 066 0 51 % 66.361 62,168 4.193 39 Low-ers & dents 3,072 003 0,02% 3.072 N7 0 } 49 3.750 0.04 0.03% 3.750 0 0 41 yC~3evice s 11.465 012 .0995 11.485 EEE 1.785 42 8udding Ptaque 1,500 002 001% 1.500 .0 43 Lockers 740 O OT 0 0195 740 740 0 44 Fwe a rTffi 5 8 CAb"Vts 2.720 0 02 002% 2.220 2.275 -55 45 S[ E wient 1.800 002 001% 1617x3 15.850 -14,0°0 46 Audio 8 V*w E 4,200 004 003% 4 200 3-425 775 47 Food Service Egupment 260.1700 268 t 99% 260,000 260- 0 48 AMIel= Equpment 4.610 0 050 049x. 4.610 12.110 500 49 Vifindew Tredtrnerg 14.756 015 0.11% 14,7 15.916 -1.200 59 20,000 021 0.15% MoDO 20.400 0 51 1 555 , 3 51 2.62% 341.555 ,430 -14.875 52 s re Pratectrort 34 120.545 1 24 924% 120.645 117.732 2,913 53 14VAC 1 003000 00 32 769% 1,003,400 934,000 69,000 54 c c rcaf 934,785 9 52 7. V% ; r3,;3Q 621.355 850.164 94_au l 53 lice Aiam 1 t 1.375 1 15 0.8590 111.375 115.000 -3.625 58 Teeth ' System 215,000 2 21 165% 21 21 ,000 0 } Suhtml- 11-456,115 11789 8782% 2.261244 9,194,871 10.210.512 1,245.603 5% Des gn Ccrar.QW v • 372-W6 589 4,39% 113 062 453.744 667,894 295,088 } General Lataiitp Imurame - 66,159 058 051% 11059 53.100 WSW 5.228 Seekers Rssk 1r-auranee - 24.190 0 25 019% 4.775 19.415 -22279 1.912 5 5% Overhead 2 Fee - 686 1 t 131. 53-4 9W 13,889 52.671 3 SubiO i- 1x.785.630 13158 9801% 2523.707 10,262.123 11.775504 1,OiC,326 General Crintraa.W a Bard - 2595521 67 1 51,21 208.321 3 0.509 Cesrgn Cevekpment Estimate - S13,045.383 513425 100.0096 2,574,939 10,470.444 12.014.547 t.{33Q636 52650 $107 75 ftf Deduct Aternate - K% 1 - -1 803.792 Oe;ete C:assroom E Wing 7ctaf usexdong the Aiternates - $11.241,595 - s~ fy J j 1 } Enclosed Building Area Page 3 Of 26 First Floor 81,052 Second Floor 36,322 1 fluretion - 15 141ortths 65 Weeks 97.174 sf D-.Pt.. Qty unit Lamar Wri Sub Labor Marl Sub Total Unit Unit Unit Price price price Price Field Administration Project AAanager -113 time 22 wks 1,300 0 0 f 28,167 0 0 28.167 General Superintendent as wks 1.100 0 0 71,500 0 0 71.500 Assostant Suspenrrtendent Wks 0 0 0 0 0 0 0 projeo-- Engineer 65 wks 1.000 0 0 65,000 0 D 65,000 j Timekeeper Wks fl 0 0 0 0 0 0 Field Clark wks 0 0 0 0 0 0 0 Secretary Wks 0 0 D 0 0 0 0 tea Fuq Time labors 13D vMrs 425 0 0 55,250 0 0 55,250 Field En insect field Engineer 26 wks 1,000 0 0 26,000 0 0 26.000 Party Chief Wks 0 0 0 0 0 0 0 j Chainman 26 Wks 600 0 0 20,800 0 0 20,800 Rodman 26 wks 4D0 0 0 10,400 0 0 10,400 Layout & Saiierboards 1 is 200 150 0 200 ISO D 350 Partition 0 0 Initial Survey 1 is 0 0 3,000 0 0 3.000 3,000 Cuing Survey 1 Is 0 0 3,000 0 0 3,000 5,000 } Subsistence Personnel Fee Is 0 ~ 0 0 0 0 D D moving cost is 0 0 0 0 0 0 0 Room & Board W11M 0 0 0 0 0 0 0 Job Staff Travel 65 trips 0 16.00 0 0 1,040 0 1.040 Main CV4e Travel 33 trips 0 16.00 0 0 520 0 520 Te Stnrc#ures } Field Trailer 1~a rrro 0 425 D D 6,375 0 6,375 fUchEC?aveter Trader tiro 0 0 D 0 0 0 0 (Move in & out "Dense i la 300 200 0 300 200 0 500 Temporary Toilets (4ea) 15 mo 0 320 0 0 4.800 0 4.800 Storage Shed 15 " 0 100 0 0 1,500 0 1.500 Tookoom Shed mo 0 0 0 0 0 0 0 Saw Shed mo 0 0 0 0 0 D 0 Construction Fence 3,000 If 0 1.85 0 0 1.850 0 1,85Q G.C. Job Sign ea 0 0 0 0 0 0 0 Project sign 1 ea 200 30D 0 200 300 0 500 1 Temporary wow steps 1 Is 135 125 0 125 125 0 250 Covered Walks # 0 0 Q D 0 0 0 Ladders as 0 0 0 0 0 0 0 Barricades t is 300 250 0 300 250 0 550 } Temporary Roof Is 0 0 0 0 0 0 0 Temporary partitions if 0 0 0 0 0 0 0 DAst Protac on Is 0 0 0 0 0 0 0 Tempera RoadstPar Temporary Roads sf 0 0 0 0 0 0 0 Road & Sidewwlks Repairs Is 0 0 0 0 0 0 0 Employee Padit s1 0 0 0 0 0 0 0 Lot Reid is 0 0 0 0 0 0 0 Sidewalks Rw%W Is 0 0 0 0 Q 0 0 Street Reml Is 0 0 0 D D 0 0 Safe Safety Supervisor is 0 0 0 0 0 0 0 Watchman Wks 0 0 0 Security Service wk8 0 0 0 o u 0 0 j Flagman Wks 0 0 0 0 0 0 0 Police Wks 0 0 0 0 0 0 0 Flrst Aid Equipment 1 Is 0 300 0 0 300 0 30Q Fire Safety Equipment 1 Is 0 475 0 0 475 0 475 protect Floor Openings If Q D 0 0 Q 0 0 Perimeter Protection B 0 0 01 1 0 D 0 0 1 1 i 1 } Page 4 Of 26 Desc.ipttian Qty Unit Labor Mari Sub Labor Mael Sub Total Unit Unit Unit Price Price Price Price Tempos Electrical Electrical Semite Is 0 0 0 0 0 0 0 Construction Power 15 mo 0 150 0 0 2.250 0 2.250 Drop Chards If 0 0 0 0 0 0 0 Start-up Power is 0 0 0 0 0 0 0 Fitters is 0 0 0 0 0 0 0 Generators ea 0 0 0 0 0 0 0 7 Water City Connection is 0 0 0 0 0 0 0 Construation Water 15 rno 0 100 0 0 1.500 0 1,500 - Water Hoses It 0 0 0 0 0 0 0 j Water Meter as 0 0 0 0 0 0 0 ) Temtxsra Gas city Connection is 0 0 0 0 0 0 0 Heatirtg Building 2 rm 0 100 0 0 200 0 200 Space heaters 1 ea D 625 0 0 625 0 625 OTC Wks 0 0 0 0 0 0 0 jemeM Services JenftOr Service Wks 0 0 0 0 0 0 0 S CPM Sr uling 00 0 0 0 0 0 0 0 Occumeritadw Ptmtw is 0 0 0 0 0 0 0 Praptess Photos 15 mo 0 80 0 1.200 0 1.200 Ice & Cups Wks 0 0 0 0 0 0 0 } Ice wakchire is 0 0 0 0 0 0 0 Water 80Y wks 0 0 0 0 0 0 0 } Weather Pmtsetiw t Whiter Protection is 0 0 0 0 0 0 0 ' p'unqr- as 0 0 0 0 0 0 0 } Operator wh 0 0 0 0 0 0 0 Cornmtaticauom Telephone Lines (3ea) 15 mo 0 200 0 0 3.000 0 3,000 titan Telephone lines i Is 0 300 0 0 300 0 300 Hand Radios 3 ea 0 100 0 0 300 0 300 FwdPaper mo 0 0 0 0 0 0 0 Freight/Telegrams is 0 0 0 0 0 0 0 Corporate Convuter is 0 0 0 0 0 0 0 Of e, Furniture & suee!n j Office Furtrdure per Trailer 1 ea 0 2,000 0 0 2.000 0 2.000 Office Mactdne, t ea 0 1.500 0 0 1.500 0 1,500 } Copy Wwhina & Paper 15 mo 0 100 0 0 1.500 0 1,500 Office supplies 15 mo 0 75 0 0 1.125 0 1,125 Postal & Meter is 0 0 0 0 0 0 0 Petty Cash Is 0 0 0 0 0 0 0 j Blue Printing & Extra Plans 1 Is 0 2.500 0 0 2,500 0 2,500 General clean-U Daily Gleaning wits 0 0 0 0 0 0 0 j Trash chute If 0 0 0 0 0 0 0 Oumpster 15 m0 0 150 0 0 2,250 0 2.250 } 'T'rash Truck & Driver wks 0 0 0 0 0 0 0 Clump Permits 33 triad 0 25 0 0 813 0 813 1 Trash Haul Service 33 toad 0 300 0 0 9,750 0 9.750 final Clan-U Building Area 97.174 sf 0,15 0 0 14,576 0 0 14,576 Garage Area sf 0 0 0 0 0 0 0 Toilet Rooms 25 es 85 0 0 2,125 0 0 2.125 Exterior Glass 3,500 sf 0 0 0 700 0 0 700 Interior Glass sf 0 0 0 0 0 0 0 Mirrors Sf 0 0 0 0 0 0 0 Site Area 4 wks 300 0 0 1.200 0 0 1,200 Janitor Service S 0 0 0 0 0 0 0 ) } 1 Page 5 of 26 Description Qty Und Labor wri ' Sub Labor iLAat`! Sub Tataf Unit Unit Unit Price Price Price Price } Testis 8lnsnection S~ !s 0 0 0 0 } Asphalt 0 0 0 Is 0 0 0 4 Q 0 Concrete Design Mix p- 1 Is 0 500 0 0 300 p 500 } Concrete Is 0 0 0 0 0 0 0 Stnutural Steel is 0 0 0 0 4 Q 0 General Ecopmem Fick-Up Truck 15 mo 0 300 Q 0 4,5D0 Auto R 4.500 6 rno 0 475 0 0 2,850 0 2.850 FW Bed TruCk mo 0 0 D Fork tiff / Cherry Picker Frio 0 0 0 p p 0 0 mo 0 0 0 0 0 0 p Grade an rno 0 0 0 0 0 0 0 Dump Truck Frto 0 O 0 D D 0 0 Front End Loader ma 0 0 0 0 0 O Bachoe rno 0 0 0 0 0 0 D Sob-Cat ma 0 0 0 0 0 O 0 Cornpactor mo 0 0 0 0 0 0 p Table Saw OR 0 0 0 0 0 4 0 Radia! Saw ea D 0 0 0 0 Stall Saw e8 0 0 0 0 0 4 EEsdria Orin ea 0 0 0 D 0 0 0 t+,tt wmk Equipmerd Is 0 4 0 0 0 0 0 Vibrator en 0 0 0 0 0 0 0 Concrete Budwt ea 0 0 0 Q 4 0 4 C Icrete saw ea 0 0 0 0 0 0 Wheel grow ea 0 0 0 0 0 0 0 Level - teat to the .tab 15 mo 0 80 0 0 1.200 0 1,200 Transit - rant to the Job 15 mo 0 80 0 0 1,200 0 1,200 Air Compressor ee 0 0 0 0 0 0 4 i Watding CKhine 4 Acaesi. mo 0 0 0 0 4 0 D Cutting Torch mo a 0 0 0 0 0 0 f9mishing Machine ea 0 0 0 0 0 0 0 ScaffwdkV is 0 0 0 a p misc. Smalt Tads 1S tiro 0 75 0 0 11125 0 1.125 Moor Repairs 1 is 0 500 0 0 500 0 500 r'~ $ Oil 1S ma 0 100 0 0 1.500 0 1,500 296.843 62,073 5.004 364.915 30% Fringe $eaa}Ets . 89,053 59.053 8.25%SidesTax- earn ed emnWed } 385,895 -118-m o 453.956 Say 453.958 30.265 per mo 1 ) a 1 t 1 } Pages of 26 J 1 Genera! CoMrfi ns - 17, -aj, No. item of vtorky Unit Unit cost } Cost J General Conditions fRoW to breakdown) 1 Is 453.966 453,968 453,968 2 EWildi Permit Fee No. Etem of Work ow Unit Uni! cos, ? Cost C' 8ui Permit - Altourareoe ! Is 45,845.00 45.845 J 45,845 3 Im l=ees - } No. F Item of Work aly Unit Unit Cost Cast ' Imoad Fees - Allowance 1 Is 300,000 380,800 J 300.000 4 Too & inspoobion - A#wmnft No. 8em of Work Qty Unit Ur~t Cost } Gas4 Testf & -Allowafto ! Is 35,000.00 35,000 } 35,800 } 5 So*:(ye Site Demomon IVo. rte -M of Work oty Unit Unit coat cost } Saw cut cor M tg curbs 2 as 30.00 58 Saw st oorrcrete pavement 140 If 5.00 700 Remove concrete curbs 140 8 3.00 420, 1,180 } 8 Moss Exerfohwt No. Rem of Work Qty Unit ! Cast Cost Sift fence 2,974 If 3.85 5,495 } 1 t 18020 1,300 1250 sf 120 9,500 J Cfaar & grub sfte 757,9W sf 0.015 12.128 WI)&stacWeUmsoll+30%swell 8,124 cy 2.25 20.529 Cut & fill site+ or -1/1oft+ W% $Weif 43715 cy 2"85 124,588 Cut far pavement + or -111oft+ 30% swell 3,978 cy 325 12.830 } RoWning pond excava"m 8.320 cY 325 27,040 18in soled M under building + 3096 swap 6.WA 6.00 35.123 y 240,430 } 1 ,i - } } y 1 THIS PAGE INTENTIONALLY LEFT BLANK AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2005 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Ross Chadwick 349-8830 ACM: Kathy DuBose SUBJECT Consider adoption of an Ordinance authorizing the City Manager to execute a Professional Services Agreement with the firm of James R. Kirkpatrick Inc. DBA Kirkpatrick Architecture Studio to provide planning, design, and professional services for the City of Denton Public Safety Training Facility Master Plan; authorizing the expenditure of funds therefore, and providing an effective date (RFP 3324 in an amount not to exceed $205,500). RFP INFORMATION This RFP is for the professional architectural engineering and planning services for the design and construction oversight of Fire Station #7 and a Master Plan for an 88-acre site Public Safety Training Facility. Responses were received from eleven architectural/engineering firms in response to our request. RECOMMENDATION Award of professional services contract to Kirkpatrick Architecture Studio in the not to exceed amount of $205,500 for a Public Safety Training Facility Master Plan. PRINCIPAL PLACE OF BUSINES Kirkpatrick Architecture Studios Denton, TX ESTIMATED SCHEDULE OF PROJECT The contracted consultant will establish a scheduling timeline for the Master Plan Phase. PRIOR ACTION/REVIEW (Council, Boards, Commissions) In the June 7, 2005 Work Session, Council directed staff to begin negotiations with Kirkpatrick Architecture Studio for design/construction oversight of Fire Station #7 and a Master Plan for a Public Safety Training Facility. Agenda Information Sheet July 19, 2005 Page 2 FISCAL INFORMATION Funding for this Professional Services Agreement is from the CIP project budget. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: List of Respondents 1-AIS-RFSP 3324 Attachment I RFSP #3324 - LIST OF RESPONDENTS Vendor Principle Place of Business Brown Reynolds Watford Dallas, TX PGAL Architects Irving, TX Komatsu Architecture Dallas, TX Kirkpatrick Architecture Studio Denton, TX Wigington Hooker Jeffry Architects Dallas, TX Randall Scott Architects Dallas, TX Ron Hobbs Architects Garland, TX Shiver Associates Dallas, TX PBK Houston, TX Architects Phelps/Wood Frisco, TX Petrelli Associates Arlington, TX ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM OF JAMES R. KIRKPATRICK, INC. DBA KIRKPATRICK ARCHITECTURE STUDIO TO PROVIDE PLANNING, DESIGN, AND PROFESSIONAL SERVICES FOR THE CITY OF DENTON PUBLIC SAFETY TRAINING FACILITY MASTER PLAN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (REP 3324 - IN AN AMOUNT NOT TO EXCEED $205,500). WHEREAS, 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 CITY 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 City Manager is hereby authorized to enter into a professional services contract with James R. Kirkpatrick, Inc. dba Kirkpatrick Architecture Studio, to provide professional planning, design, and related services for the City of Denton Public Safety Training Facility Master Plan, a copy of which is attached hereto and incorporated by reference herein. SECTION 3. The City Manager is authorized to expend funds as required by the attached contract. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: SAOur Docmnents\Ordinanms105\public safety training facility ordinanca.doc Page 2 PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC SAFETY TRAINING FACILITY MASTER PLAN STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the day of , 2005, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "CITY" and James R. Kirkpatrick, Inc. dba Kirkpatrick Architecture Studio, with its corporate office at 100 West Mulberry, Denton, Denton County, Texas 76201, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 EMPLOYMENT OF CONSULTANT The CITY hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, all those services necessary to provide a Master Plan design of the Public Safety Training Facility, including, but not limited to, land utilization, cost savings analysis, use by public safety agencies, ingress and egress, security and safety, energy conservation, environmental issues, use of utilities, potential alternative future uses by CITY, and any other services as may be required by the documents described below. ARTICLE 2 SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner: A. The CONSULTANT shall perform all those services as necessary and as described in the CITY's RSFP #3324 for the Public Safety Training Facility Master Plan, which is attached hereto and made a part hereof as Exhibit "A" as if written word for word herein. B. To perform all those services set forth in CONSULTANT's Proposal dated April 12, 2005, which Proposal is attached hereto and made a part hereof as Exhibit "B" as if written word for word herein. C. CONSULTANT shall prepare a 20 copies of a preliminary Master Plan, which CONSULTANT shall review with the City Manager or his designee, other designated members of CITY staff, and with the City Council. D. CONSULTANT, after receiving comments on the preliminary Master Plan from the City Manager or his designee, CITY staff, and the City Council, shall prepare 50 copies of a final Master Plan. E. CONSULTANT shall make presentations on the progress of the Project before the City Council as may be required by the City Manager or his designee. F. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits. ARTICLE 3 ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the CITY, which are not included in the above-described Basic Services, are described in the task orders, which shall be attached to and made a part of this Agreement for all purposes. ARTICLE 4 PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the CITY and the CONSULTANT and upon issue of a notice to proceed by the CITY. CONSULTANT shall complete the program narrative, the preliminary Master Plan, and the final Master Plan within the time periods shown on the Master Planning Schedule, Exhibit "D", which is attached to and made a part of this Agreement as if written word for word herein, unless the CITY extends the time for completion of the Project. This Agreement may be sooner terminated in accordance with the provisions hereof. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the CITY, acting through its City Manager or his designee. ARTICLE 5 COMPENSATION A. COMPENSATION TERMS: 1. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the area of professional engineering, or related services. .2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. Page 2 B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the CITY agrees to pay CONSULTANT, based upon the satisfactory completion of the Basic Services tasks set forth in the Scope of Services as shown in Article 2 above. 1. CONSULTANT shall perform its work on this Project in accordance with the provisions of Article 1 as defined by the scope of services of Exhibits "A" and "B" attached hereto and incorporated herewith by reference. CONSULTANT shall be paid for these services a total compensation of $205,500. 2. Partial payments to CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by CITY through its City Manager or his designee, based upon the proportion of the work completed under Exhibit "D". Under no circumstances shall any monthly statement for services exceed the value of work performed at the time a statement is rendered. 3. Payments to the CONSULTANT will be made on the basis of detailed statements rendered to and approved by the CITY through its City Manager or his designee; however, under no circumstances shall any statement for services exceed the value of the work performed at the time a statement is rendered. 4. Nothing contained in this Article shall require the CITY to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The CITY shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. 5. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the CITY for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the CITY. The CONSULTANT shall not proceed to perform the services listed in Article 3 "Additional Services," without obtaining prior written authorization from the CITY. C. ADDITIONAL SERVICES: For additional services authorized in writing by the CITY in Article 3, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit "C." Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. D. PAYMENT: If the CITY fails to make payments due the CONSULTANT for services and expenses within 60 days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said 60th day, and, in addition, the CONSULTANT may, after giving seven days' written notice to the CITY, suspend services under this Agreement, until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the CITY to pay the late Page 3 charge of one percent (1%) set forth herein if the CITY reasonably determines that the work is unsatisfactory, in accordance with this Article S, "Compensation." ARTICLE 6 OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the CITY any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE 7 OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the CITY upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and CITY's use of these documents in other projects shall be at CITY's sole risk and expense. In the event the CITY uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project. ARTICLE 8 INDEPENDENT CONTRACTOR CONSULTANT shall provide services to CITY as an independent contractor, not as an employee of the CITY. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE 9 INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. Page 4 ARTICLE 10 INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $50,000 for each person and not less than $100,000 for each accident, and with property damage limits of not less than $50,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. E. The CONSULTANT shall furnish insurance certificates or insurance policies at the CITY's request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without 30 days' prior written notice to CITY and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 11 MEDIATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to mediation or other means of alternate dispute resolution. No mediation or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval. ARTICLE 12 TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving 30 days' advance written notice to the other party. B. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than 30 calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. Page 5 C. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the CITY within 30 days after the date of termination. The CITY shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article 5 "Compensation." Should the CITY subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the CITY on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE 13 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the CITY shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the CITY for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE 14 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three days after mailing: To CONSULTANT: To CITY: James R. Kirkpatrick, Inc. dba City of Denton Kirkpatrick Architecture Studio Michael A. Conduff, City Manager 100 West Mulberry 215 East McKinney Denton, Texas 76201 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three days after mailing. ARTICLE 15 ENTIRE AGREEMENT This Agreement, consisting of nine pages and three Exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. Page 6 ARTICLE 16 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE 17 COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE 18 DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 19 PERSONNEL A. The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. CONSULTANT shall inform the CITY of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE 20 ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. I ARTICLE 21 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence Page 7 in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 22 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit A, RSFP #3324 for the Public Safety Training Facility Master Plan; Exhibit B, CONSULTANT's Proposal; Exhibit C, Schedule of Charges; and Exhibit D, Master Planning Schedule. B. CONSULTANT agrees that CITY shall, until the expiration of three years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that CITY shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. CITY shall give CONSULTANT reasonable advance notice of intended audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be James R. Kirkpatrick. However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. E. CONSULTANT shall commence, carry on, and complete any and all prof ects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the CITY. F. The CITY shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. G. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. Page 8 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the day of , 2005. CITY OF DENTON, TEXAS MICHAEL A. CONDUFF CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: JAMES R. KIRKPATRICK, INC. DBA KIRKPATRICK ARCHITECTURE STUDIO - AZ~ AMES ATRICK WITNESS: r j BY: SAOur DncumentslContra=\Onpublic training facility.do Page 9 Exhibit A Y LT - i y Of Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 RFS P #3324 r For Public, Safety Training Facility Master Plan and Fire Station #7 Desi n PROPOSALS DUE; April 12, 2005 2:00 P.M. Proposal submitted by: Company Name REQUEST FOR SEALED PROPOSAL 3324 City of Denton Public Safety. Training Facility Master Plan Fire Station #7 1. GENERAL INFORMATION A, Project Title: Public Safety Training Facility Master Plan Fire Station #7 B. Project Location: South West Corner of Bonnie Brae and Vintage Parkway City and County of Denton State of Texas C. Project Intent: 1. The City of Denton has purchased 88-acres for a combined Public Safety Training Facility and Fire Station #7 on the south west corner of Bonnie Brae and Vintage Parkway. 2. The City of Denton ("Owner") is in the process of selecting an architectural) engineering firm for the development of a Public Safety Training Facility Master Plan and Fire Station 47 design and construction. This joint project is unique in that it will develop a Master Plan for a Police Department and Fire Department Training Facility with training and administrative offices, firing range, burn building, fire tower, driving track and classrooms and a large community/training room along with the design and construction of an operational and fully functioning modern fire station. 3. The selected Proposer will be required to work closely with the Owner throughout the process as well as effectively interacting and communicating with members of a select Police Department, Fire Department and North Central Texas College (NCTC) Design Team. 4. Therefore, the selected Proposer must include a combination of experience in public facility/fire station design and construction as well as complex combined training facilities for public safety departments, including state of the art firing ranges. There is nothing in this Request for Proposal that would limit the Proposer from forming a team that meets the combination of successful experience in fire station design and comprehensive public safety training facilities. D. Estimated Project Budget: Page 2 S:lprch\BlaS SPM3000-399913324%blic Safety-Station Tdoc REQUEST FOR SEALED PROPOSAL. 33.24 Oita' of Denton Public Safety Training Facility Master Plan Fire Station 7 1. The total currently available project budget = $4.3 5 million 2. Additional budgeted project funds in 2006/2007 = $8.2 million. 3. Forecast additional prof ect funds in 2010 = $ 8.0 million. 11. ARCHITECTIENGINEER SCOPE OF SERVICES: A. Provide all services to complete the project including: 1. Master Plan Design of project and phased in approach to the Public Safety Training Facility based on budget and operational considerations including but not limited to: a. Land utilization b. Cost savings/analysis c. Shared use by public safety agencies d. Access and egress e. Security and safety f. Energy conservation g. Environment issues h. Use of utilities including water, natural gas, fiber, telephone, etc. i. Potential alternative future uses by the City of Denton. 2. Design Development for Fire Station #7: Not limited to but to include designing the building in relationship to Operations and Maintenance cost and efficiencies related to the building being a valuable useable facility for future years (30 years plus). 3. Construction Documents for Fire Station #7: To include written documentation from the State of Texas concerning the waiver of ADA requirements and/or confirming that all drawings and' documents meet ADA requirements and guidelines before bidding the proj ect. 4. Specification (Statement of Probable Costs) for Fire Station #7: To include construction estimates but not limited to exterior landscaping, utilities, electrical, water and furniture installation costs. Also the estimates of Operations and Maintenance annual costs to operate the new building, maintaining the building, and securing the building in a safe manner, i.e., rrtay include fiber, telephone utility. 5. Satisfying all City and State planning and building requirements. Page 3 S:Iprch\BIDS SPECMDD-399913324Pubiic Safety-Station Tdoc REQUEST FOR. SEALED PROPOSAL 3324 City of Denton Public Safety Training Facility Master Plan Fire Station #7 6. Examining possibilities of designing facilities based on the principles of sustainability and energy conservation. 7. Bidding for construction will be sent out and received by the City of Denton Purchasing Department as per State statute. The recommended firm will be expected to attend: numerous City of Denton Facilities Management Department meetings, some Community meetings, some Planning and Zoning Committee meetings and some City of Denton City Council meetings. B. Contents of Proposal: The architect/engineer's information should be concise and may be supported by any exhibits that demonstrate the firm's (team's) qualifications and experience in building fire stations and preserving historical buildings. The information should address the following: 1. Credentials of the architect/engineer (team) that will be directly involved in the project for Fire Station #7 and the Public Safety Training Facility Master Plan. 2. A description of the procedure in which the architect/engineer (team) will work with City staff. 3. A description of the procedure in which the architect/engineer (team) will work with City Departments including the Police Department, Fire Department and Facilities Management along with any consultants specialized in specific design elements of the project. 4. A list of related projects and clients that may be contacted for additional information. 5. Demonstrated experience in sustainable design. 6. How the architect/ engineer (team) will accomplish the project specifically building a modern state of the art fully operational fire station along with a comprehensive state of the art public safety training facility. 7. Architect may be requited to use the City of Denton assigned mechanical engineer. C. Architectural Design Scope of Work for Fire Station #T: 1. A fire station, which includes the following: Page 4 SAprchkRJDS SPEC13000-399913324Public Safety-Station Tdoc REQUEST FOR. SEALED PROPOSAL. 3324 City of Denton Public Safety Training Facility Master Plan Fire Station #7 a. Four bay apparatus room 4,800 square feet: ■ 1 engine/quint company ■ 1 brush apparatus ■ 1 ambulance company - ■ 1 reserve engine ■ 1 training engine ■ 1 reserve ambulance b. Living quarters for up to 8 24-hour shift personnel 8,000 square feet. C. Dormitory quarters for: ■ 1 station captain ■ 2 drivers ■ 5 firefighters ■ 4 recruit firefighters d. Offices for: ■ 1 station captain ■ 1 for 3 work stations ■ Lobby into fire station e. 1,000 square foot community/training room. C. Master Plan Scope of Work for Public Safety Training Facility: L Burn building ■ 12,000 square feet ■ Computer controlled ■ Multi-station Meets all safety standards 2. Fire Tower/outside training ■ 5 stories ■ Haz mat area ■ Drafting pit ■ Gasoline tanker prop ■ Fire pit ■ Concealed space rescue ■ Swift water rescue 3. Public Safety Training Facility of 36,600 square feet. Page 5 S.\prch\BiDS SPM3000-399913324Public Safety-Station Tdoc RE-QUEST FOR. SEALED PROPOSAL 3324 City of Denton Public Safety Training Facility Master Plan. Fire Station 7 a. Police Department, Fire Department and NCTC Training and Administration offices: (1) Offices for approximately 8 administrative and training staff from the Police Department, Fire Department and NCTC. (2) A large conference room, small meeting room and break area and suitable restroom/locker facilities. b. Classroom facility: (1) Large community/training stadium seating classroom suitable for 100 occupants in a large college-type atmosphere. (2) 4 classrooms of 1,100 square feet each suitable for 36 students each. (Total of 4,400 square feet). (3) 4 classrooms of 600 square feet each suitable for 20 students each. (Total of 2,400 square feet). (3) Locker room suitable for 40 males and 30 females. (4) Fitness facility of 6,000 square feet. C. "Dirty" room(s) for crews in training. d. Parking for 100 vehicles. 4. Firing range: ■ Training roam of 800 square feet. ■ Ammunition and Firearms storage of 300 square feet. ■ Rest rooms of 300 feet each for total of 600 square feet. ■ Office of 100 square feet. 20 shooting stations ■ Control booth ■ Sniper range Shoot house ■ Sound reduction considerations Environmental considerations 5. Driving track: ■ Driving track of 117,750 square feet. W Emergency driving training range extension to shooting range of 97,500 square feet. Page 6 SAprch%BIDS SPECi3000.3899\3324Public Safety-Station 7.doc REQUEST FOR. SCALED PROPOSAL 3324 City of Denton Public Safety Training Facility Master Plan Fire Station 7 ■ Additional 96,800 square feet future expansion. 6. Public Safety Communications and City Emergency Operations Center. 7. Develop a phased in approach to the Public Safety Training Facility based on possible budget and use scenarios. D. A copy of the City's Standard Agreement for Architects Services is attached. E. Comply with ADA regulations, City ordinances, Planning and Development Code and all Fire and Building codes. F. Construction administration will be completed by the City of Denton Facilities Management Department. G. Produce budget information and cost estimates for Fire Station #7 prior to bid and as needed before beginning construction. IV. SELECTION PROCESS A. Receipt of Proposals: One (1) original copy and six (6) copies of the proposal must be submitted on or before April 12, 2005 at 2:00 p.m to: City of Denton Purchasing Department Attention: Tom D. Shaw, Purchasing Agent 901 B Texas Street Denton, Texas 76209. The envelope containing the proposals shall be sealed and bear the name and address of the Proposer and shall be plainly marked as follows: B. Basis of Proposal Comparison/Evaluation: Proposals will be compared/evaluated on the basis of the following: Page 7 SAprch\B1DS SPEM3000-399913324Public Safety-Station 7.doc REQUEST FOR SEALED PROPOSAL. 3324 City of Denton Public Safety Training Facility Master Plea Fire Station #7 1. Proposer's previous successful history master planning joint use comprehensive public safety training facilities including but not limited to burn buildings, fire training towers, classrooms, driving tracks and firing range designs = 25% 2. Proposer's previous successful project history with public facilities and especially fire station design and construction = 35% 3. Demonstrated ability to work successfully with local, jurisdictions with their unique development plans and building process =10% 4. Qualification of the Proposer and ability to perform the work = 20% 5. Creative approach = 10% Interviews will be conducted by an evaluation committee, who will then make the final recommendation to City Officials for approval. C. Method of Award: L Following the deadline for receipt.of proposals, .all proposals submitted will be analyzed and reviewed by Owner. The Owner reserves the right not to accept any proposal, or to reject any or all proposals and to waive defects or irregularities in any proposal, at its discretion. The Owner will select the Proposer, who at the sole discretion of the Owner, is the most responsible and beneficial Proposer to the Owner and will then have the right to negotiate a contract based on all factors involved in the proposal. 2. After selection, the successful Proposer and the Owner will then negotiate and complete all necessary documentation and contracts. During contract development and negotiation, the successful Proposer shall not contact any Owner official except the individual designated to act on the Owner's behalf during this process. If a successful agreement cannot be reached with the first selected Proposer, the Owner will then negotiate with the next Proposer and continue this process until an acceptable agreement is reached. Page 8 Saprch 61 DS SPEC13000-399913324PubRc Safety-Station 7.doc REQUEST FOR. SEALED PROPOSAL 3324 City of Denton Public Safety Training Facility Master Plan Fire Station 7 SAMPLE PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into as of the day of , 20 , by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and Firm, with its corporate office at hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION I EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced I'D Section 3, in connection with the Project. The Project shall include, without limitation, (describe the Project in the space below or in an attachment) Page 9 S:%prch\BlDS SPEM3000-3999%3324Publ'sc Safety-Station 7.doc REQUEST FOR SEALED PROPOSAL 3324 City of Denton Public Safety Training Facility Master Plan Fire Station 7 SECTION 2 COMPENSATION The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES 2.1.1 For Basic Services the total compensation shall be $ 2.1.2 Progress payments for Basic Services shall be paid in the following percentages for of the total compensation for the Basic Services satisfactorily completed at the end of the following phases of the Project: Schematic Design Phase Design and Development Phase Construction Documents Phase Bidding Phase Construction Phase 2.2 ADDITIONAL SERVICES 2.2.1 Compensation for Additional Services is as follows: Principals $ per hour Associates per hour Technical Staff per hour Clerical Staff per hour 2.2.2 Compensation for Additional Services of consultants, including additional structural, mechanical and electrical engineering services shall be based on a multiple of times the amounts billed to the Design Professional for such additional services. 2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of times the expenses incurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions but not to exceed a total of $ without the prior written approval of the Owner. Page 10 S:lprch\BIDS SPEC13000-3999M24PubJic Safety-Station 7.doc REQUEST FOR SEALED PROPOSAL 3324 Arty of Benton Public Safety Training Facility Master Plan Fire Station #7 SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: 1. City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. The Design Professional's Proposal 3. Attachments - through This Agreement is signed by the parties hereto effective as of the date first above written. CITY OF DENTON BY: MICHAEL A. CONDUFF CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: DESIGN FIRM BY: Firm's Officer/Representative WITNESS: BY: Page 11 S:lprch\B10S SPEC\3000-399913324Public Safety-Station Tdoc REQUEST FOR SEALED PROPOSAL 3324 City of Denton Public Safety Training Facility Master Plan Fire Station #7 CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE I. ARCHITECT OR ENGINEER'S RESPONSIBILITIES 1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (the "Proposal") to which these General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services"). 1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely actions Ithe "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shalt developa written program for the Project to ascertain Owner's needs and to establish the requirements for the Project 2.2.2 The Design Professional shall provide a preliminary evaluation of the 'Owner's program, construction schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subsection 5.2.1. 2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisti.bg of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category pf work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement: to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepare for :approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and su& other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the Documents and specificatlons will be sutfident and adequate to fulfill the purposes of the Project. 2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.4 Based on the approved Design Development Documents and any further: adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Page 12 S:IprCh1BIDS SPEC13000-399913324Public Safety-Station Tdoc REQUEST FOR SEALED PROPOSAL 3324 City of Denton Public Safety Training Fadlity Master Plan Fire Station 7 Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. 14.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 CONSTUCTION CONTRACT PROCUREMENT 2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole discretion of the Owner. 2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCTION PHASE -ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionalss the administration shall also be in accordance with AIA document A201, General Conditions of the Con- tract for Construction, current as of the date of the Agreement as may be amended by the city of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement. 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Construc- tion. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument. 2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work when completed will be in accord- ante with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in perfomtiing all Services under the Agreement. The Design Professional shall promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design Professional'S Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or failure to cant' out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omissions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. Page 13 S:lprch181DS SPEC13000-399913324Public Safety-Station 7.doc REQUEST FOR SEALED PROPOSAL 3324 City of Denton Pudic Safety Training Facility Master Plan Fire Station #7 2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. 2.8.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional 's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the previsions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or perfor- mance of equipment or systems designed by the Contractor, al{ of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certificatton of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.8.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a -final certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.13 The Design Professional shall interpret and provide recommendations or matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithfut performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. Page 14 S:lprchl$IDS SPEC13000-399913324Public Safety-Station 7.doc R.EmQUEST FOR SEALED PROPOSAL. 3324 . City of Denton Public Safety, Training Facility Master Plan Fire Station #7 2.6.17 The Design Professional shall render written decisions within a reasonabie time on all ciaims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written approval from the Owner to proceed. if the Owner indicates in writing that all or part of such Con- tingent Additional Services are not required, the Design Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed by the Owner and Design Professional. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.9 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owners failure to render decision in a timely manner, 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connec- tion with Change Orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto. Page 15 S:\prch\BIDS SPEC13000-399913324Publ}c Safety-Station 7.doc REQUEST FOR. SEALED PROPOSAL. 3324 City of Denton Public Safety Training Facility Master Plan Fire Station 3.3.8 Providing services in addition to those required by Article 2 for preparing documents for altemate, separate or sequential bids or providing services in conneciien with bidding or construction prior to the completion of the Construction Documents Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.4 Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.9 Providing analyses of operating and maintenance costs. 3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.412 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction. 3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering por- tions of the Project provided as a part of Basic Services. 3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Professional. 3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18. ARTICLE 4 OWNER'S RESPONSIBILITIES Page 16 S:lprch\BIDS SPEC13000-399913324Public Safety-Station 7.doc REQUEST FOR SEALED PROPOSAL 3324 City of Denton Public Safety Training Facility Master Plan. Fire Station 7 4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, Including (1) the Owner's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more specifically described in Subsection 2.2.1. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfi ll the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-o#--way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and sines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark, 4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services. 4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFINED 5.1A The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractors overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way, financing or other casts which are the responsibility of the Owner as provided in Article 4. Page 17 S:lprch1BIDS SPEC13000-399913324Public Safety-Station 7.doc REQUEST FOR SEALED PROPOSAL 3324 City of Denton Public Safety Training Facility Master Plan. Fire Station #7 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2..1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construc- lion Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shalt be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be ad}usted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liabiitty relating to their use in that project 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Design Professional's reserved rights. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 The Design Professional may terminate the Agreement upon not Less than thirty days written notice should the Owner fail substan- tially to perform in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such notice. Before the end of the thiriy (30) day period, Design Professional shall invoice the Owner for ail work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized fort. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services. 7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial nonperformance and cause for termination. 7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement. 7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to termination. Page 18 S'Iprch\BIDS SPEC13000-399913324Public Safety-Station 7.doc REQUEST FOR SEALED PROPOSAL. 3324 City of Denton Public Safety Training Facility Master Plan Fire Station #7 ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL 8.1 DIRECT PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits, 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses. 8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdic£son over the Pro- ject. 8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and other documents. 8.2.1.3 if authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner, 8.2.1.5 Expense of computer-aided design and drafting equipment time when used in connection with the Project. 8.2.1.6 Other expenses that are approved in advance in writing by the Owner. 8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in propor8on to services performed within each phase cf service, on the basis set forth in Section 2 of the Agreement and the schedule of work. 8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement. 8.3.3 When compensation is based on a percentage of Construction Cast and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered of expenses incurred. 8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible. 8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is later. ARTICLE 9 INDEMNITY 9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional ar its officers, shareholders, agents, or employees in the performance of the Agreement. Page 19 S:Iprch\BIDS SPEC13000-399913324Public Safety-Station 7.doc REQUEST FOR. SEALED PROPOSAL 332..4 Oily of Denton Public Safety Training Facility Master Plan Fire Station #7 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate. 10.2 Automobile Liability Insurance with bodily injury limits of not less than $540,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. 10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the change Or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign 's interests in the Agreement without the written consent of the Own er, 11,3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shaft to the extent that is reasonably passible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given priority in the following order. 1. The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professfonai shall have the right to include representations of the design of the Pro}ect, including photographs of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project. 11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their Page 20 S:lprchlBIDS SPEC13000-399913324Public Safety-Station 7.doc REQUEST FOR SEALED PROPOSAL 3324 City of Denton Public Safety Training Facility Master Plan Fire Station #7 designs or other work: nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. 11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after maiiing. 11.8 If any provision of the Agreement is found or deemed by a court of competentjurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended during the term of this Agreement. 11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement. I Page 21 S:lprchOIDS SPECM00-399913324Public Safety-Station 7.doc I Exhibit B pOno m W N O n u- X r City of Dent_m p m m L.~ m a m o0 ° 0. E U y E a m r C m L u - b U L6 y 44.1 CO LOP 'Q 'Ec W W w i 7) a ~ z o J RC C~J Z ~ a 4 14 „F I.. 14t t A-0 x Response to: o s RFSP #3324 for Public Safety Training Facility Master Plan and Fire Station #7 Design - ' Submitted: April 12, 2005 } l ~ K A S K~ RK PAT RICK 3 1 12 April 2005 1 1 ? City of Denton Purchasing Department Attention: Tom Shaw, Purchasing Agent 901-B Texas Street Denton, Texas 76209 Re: RFSP #3324 Architectural Services for Public Safety { Training Facility Master Plan and Fire Station #7 Design Dear Mr. Shaw: 1 It is with great enthusiasm that we submit our proposal to provide services for the Denton Public Safety Training Facility Master Plan and Fire Station #7. This project holds great importance to the City of Denton's j public safety and to the professionals that serve our community. Understanding its significance, we have assembled an outstanding team of architectural, engineering and emergency training professionals 1 experienced in fire station design and comprehensive public safety training facilities. 7 Our team provides the City of Denton significant advantages, including: 1 e Preeminent design experience in master planning of public safety training facilities j e Extensive design experience in fire stations e Experience in the design of tactical training facilities 1 e Successful record of educational facility design • Expertise in educational programming and operation of tactical training facilities . Established rapport between the KAS Team and the City of Denton i ! These advantages, combined with our passion and your collaboration, will make a superior project to serve 1 the needs of the growing community. Having worked successfully with both the Police and Fire Departments, as well as with City Staff, we look forward to the opportunity to continue the professional 1 relationship with the City of Denton. 1 Best regards, .la s R. Kirkpatrick 1 resident 1 1 1 100 West Mulberry 940/387.8182tel Denton,Texas 940/383.0262fax 7 b 2 0 1 www.k-a-studio.com t TABLE OF CONTENTS ONE. PROJECT TEAM TEAM MEMBERS AND THEIR ROLE IN THE PROJECT PROJECT TEAM -OR GANIZATiON 0-IART 9 § TWO. ARCHITECTS AND DESIGN CONSULTANTS KIRKPATRICK ARCFi4TEOTU-RE STS-D[0- DESIGN AR-C TECTS STEWART COOPER NEWELL - CONSULTING ARCHITECTS TOMMY A. ABERCROMBIE - EMERGENCY SERVICE TRAINING FACILITY DESIGN CONSULTANT i r i THREE. PROJECT APPROACH WORKING WITH CITY DEPARTMENTS WORKING WITH CITY STAFF i WORKING WITH COMMUNITY GROUPS SUSTAINABILITY j FOUR. CONSULTANT QUALIFICATIONS KIMLEY-HORN & ASSOCIATES - CIVIL ENGINEERING ISBELL ENGINEERING GROUP - STRUCTURAL ENGINEERING I DALE W. CAFFEY CONSULTING ENGINEERS - MEP ENGINEERING SPINNAKER TECHNOLOGY GROUP - INFORMATION TECHNOLOGY l CES - COST ESTIMATING CONSULTANT } r t K I R K P A T R I C K A R C H I T E C T U R E S T U D 1 0 1 i 1 f j For the City of Denton's Public Safety Training Facility Master Plan and Fire Station #7 Design, Kirkpatrick Architecture Studio is presenting the award-winning design ' team that was so successful in completing the Denton Central Fire Station in 2003 (less the historic } preservation consultants). We have enhanced the team with the addition of an Emergency Service Training Facility j Consultant, Tommy Abercrombie, to meet the specific needs } of this project. i 3 } i 1 - 1 i i K 1 R K P A T R I C K A R C H I T E C T U R E S T U D 1 0 I TEAM MEMBERS AND THEIR ROLES i i 3 JAMES R. KIRKPATRICK SINGLE POINT OF CONTACT } KIRKPATRICK ARCHITECTURE STUDIO 940.387.8182 tel jim@k-a-studio.com l } DESIGN ARCHITECTS } KIRKPATRICK ARCHITECTURE STUDIO MASTER PLANNING PROJECT MANAGEMENT 1 1 - STE WART COOPER NEWELL CONSULTING ARCHITECTS MASTER PLANNING } 1 - EMERGENCY SERVICES TOMMY A. ABERCROMBIE TRAIN[NG FACILITY DESIGN CONSULTANT MASTER PLANNING } KIMLEY-HORN & ASSOCIATES, INC. CIVIL ENGINEERING MASTER PLANNING ISBELL ENGINEERING GROUP, INC. STRUCTURAL ENGINEERING t 1 j DALE W. CAFFEY CONSULTING ENGINEERS, INC. MEP ENGINEERING SPINNAKER TECHNOLOGY GROUP INFORMATION TECHNOLOGY CONSULTANT 7 COMPUTERIZED ESTIMATION SERVICES (CES) COST ESTIMATING 1 f K I R K P A T R I C K A R C H I T E C T U R E S T U D 1 0 i i j QTYflF DENTON } Public,5atety, Training Facility Master. Plan arid-Fire Station 4 Project, } } l 1 Kirkpatrick Architecture Studio Design Architect James R, Kirkpatrick, AIA Single Point of Contact Stewart Cooper Neweil" Thomas A _ Abercrombie Cohsultir g Architects D' sign. nsultant Kimley-Horn Civil } Engineering Consultant 3 Isbell Engineering, Group Engine:enng Consultant j 'Dale _W Caney Corsultijjg Engineers } MEP E<nginEering Consultant 3 } Spinnaker Technokggyy Group Ta~riology-Cortsuftpnt 1 I K I R K P A T R I C K A R C H I T E C T U R E S T U D 1 0 i ' Kirkpatrick Architecture Studio Design Architect i i Firm Profile 3 Resumes: ! Jaynes R. Kirkpatrick, AIA Michael D. Howard David M. Robinson Related Projects: Master Planning Experience } Denton Central Fire Station } Denton Police Station Interior Renovation Denton Jail Renovation City of Denton Service Center DISD Administration Building Universidad de Celaya - Master Planning, Classroom Building ! University of North Texas Projects Texas Woman's University Projects ) i } 1 I i } } FIRM PROFILE i KAS is a full service architecture, planning, and interior design firm which has a long-standing reputation for quality design and leadership. A respected anchor in the professional community, it has contributed to the design of } numerous landmork structures, locally, regionally, and internationally. As a firm, we excel in the practice of architecture and are fully committed to provide exceptional service to our clients and maintain 1 growing professional relationships with them. It is our goal to meet the i needs of our clients by creating a functional, cost-effective, aesthetically pleasing design. 7 l i 1 Firm Name: Kirkpatrick Archtecture Studio l Type of Firm: Professional Corporation Founded: 1978 Address: 100 West Mulberry Street } Denton, Texas 76201 } Telephone: (940) 387-8182 Fax: (940) 383-0262 } E-mail: info@k-a-studio.com Contact: James R. Kirkpatrick Website: www.k-a-studio.com i • Architectural Design Master Planning • Long Range Development Planning } • Facilities Program Development • Space Planning • Interior Design } • Construction Administration - Graphic Design J -n 5 „1 'k ft ' • Architects 1 • DataCAD 11 } - Architectural Interns 3 • Adobe Photoshop CS . Project Manager 3 • Adobe Illustrator CS • Graphic Design 1 • Adobe InDesign CS } • Office Administration 2 ■ Adobe GoLive CS } K I R K P A T R I C K A R C H I T E C T U R E S T U D I 0 P E R S O N N E L 1 } James R. Kirkpatrick, AIA Lead Architect/CEO Jim has more than 25 years experience as an Architect, as well as a busi- e ness owner. He will oversee the project in every phase from beginning l to completion, and in being supported by exceptional technical staff is capable of meeting mutually established schedules and deadlines. ) Michael D. Howard Project Manager- Field Operations Michael has 25 years experience in architecture and construction. He } has led construction administration and construction management for our firm for more than 15 years. } David M. Robinson Project Manager - Production ) With nearly ten years of experience, David has returned to Kirkpatrick Architecture Studio to lead the KAS production team from the sche- matic design through construction and completion, } Thomas R. Wood Project Manager - Quality Control i Thomas (Ty) has recently joined the KAS team to ensure consistency and quality in the construction documents. He joins KAS with over five years experience in construction and architecture. } Jose Gonzalez Architectural Intern Jose joined Kirkpatrick Architecture Studio in 1996. Since then he has } been instrumental in the production of contruction documents and the timely completion of projects. 3 Evelyn Lopez Corum Architectural Intern Evelyn is a recent graduate of the University of Houston, and has been - with KAS nearly two years. As a CAD Technician and Architectural Intern, Evelyn will be assisting in the Programming, Schematic Design, Construction Documents Production and Construction Administration. ) I Timothy Carl Deaton Architectural Intern j Since Tim joined KAS in May of 2004 he has assisted in the completion of f Construction Documents. He also assists the marketing department by I constructing models for presentation. i K I R K P A T R I C K A R C H I T E C T U R E S T U D 1 0 James R. Kirkpatrick, AIA ~ Lead Architect/CEO Jim has more than 30 years experience as a Licensed Architect, as well as a business owner. He will oversee the project in every phase from beginning to completion, and in being supported by exceptional of meeting mutually est blished sch du esanddeadlinesn{cal staff is capable l - j Education Texas A&M University Bachelor of Architecture i Master of Architecture Registrations Professional Associations TX No. 5491 American Institute of Architects (AIA) AR No. 1371 National Council of Architectural Registration Boards (NCARB) NM No. 1203 i N No. 1729 Texas Society of Architects (TSA) } Fort Worth Chapter AEA AIA Continental Europe } Hispanic Chamber of Commerce i a Professional References Mr. Jerry Dickson Mr. Robert Sherman ? Superintendent-Retired Cumberland Presbyterian Whitesboro I.S.D. Children's Home / Sherman Building 3907 Roland Rd. 101 North Elm Whitesboro, TX 76273 Denton, TX 76201 (903) 564-6317 (940) 4848778 Mr. Charles Fenoglio Mr. Glen Martin President Denton I.S.D. Sanger Bank 230 North Mayhill Road 501 N. Stemmons Freeway Denton, TX 76208 Sanger, TX 76266 (940) 390-0893 (940) 458-4602 1 Mary Helen Martin Larry Reynolds i Principal Southmont Baptist Church Ginnings Elementary School 2801 Pennsylvania 2525 North Yellowstone Place Denton, Texas 76201 } Denton, Texas 76201 (940) 566-3313 (940) 369--2700 Mr. Kent Miller Trinity Presbyterian Church 2200 Bell Avenue Denton, Texas 76201 (940) 324-8815 Michael D. Howard Project Manager - Field Operations Michael has 25 years experience in architecture and construction. He has led construction administration and construction management for our firm for > more than fifteen years. r Education 7 University of Texas at Arlington 3 Bachelors in Architecture 1 - Professional Experience Kirkpatrick Architecture Studio 1991-Present Denton, Texas i Project Manager ' Pearl Incorporated Dept. of Real Estate and Construction 1990 Dallas, Texas Manager of Architecturof Services James R. Kirkpatrick, Architect 1986-1989 Denton, Texas Project Manager Robert E. Hom Associates, Architects 1981-1986 > Denton, Texas Architect Intern Pierce General Contractors 1978-1981 Denton, Texas Project Manager Project Experience University of North Texas - Additions & Renovations Physics Building } General Academics Building Biology Building 1 Engineering Tech Building I Matthews Hall Chemistry Building Business Administration Building Universidad de Celaya - Cafeteria & Dining Facility; Guanajuato, Mexico McNair Elementary; Denton, Texas } Hodge Elementary; Denton, Texas Borman Elementary; Denton, Texas First State Bank of Texas - Main Branch, North Denton Branch, UNT Branch, Kaufman Branch, The Colony Branch Cumberland Presbyterian Children's Home - Campus Plan & Additions/Reno- vations; Denton, Texas Argyle High School - Additions and Renovations; Argyle, Texas Hilltop Elementary School; Argyle, Texas Calhoun Middle School - Fine Arts Addition; Denton, Texas 1 David M. Robinson, LEED AP Project Manager - Production } With nearly ten years of experience, David has returned to Kirkpatrick Architecture Studio to lead the KAS production team from the schematic design through construction and completion. Education } Texas A&M University Masters of Architecture 1 Southwestern University } Bachelor of Arts in Political Science Professional Experience Kirkpatrick Architecture Studio October 2004 - Present 3 Denton, Texas Project Manager > Gensler 2001-2004 1 Dallas, Texas Associate 1 " 3C • i 1997-2001 Dallas, Texas Associate James R. Kirkpatrick, Architect 1993-1994 Denton, Texas Architectural Intern i Project Experience Bank One Operations Center Schlumberger, Conveyance and Delivery Center; Sugar Land, Texas LINT Classroom Ronovations; Denton, Texas 401 Carlson Parkway; Minnetonka, Minnesota 401 Carlson Garage; Minnetonka, Minnesota A. Nieto Residence; Celaya, Guanajuato, Mexico Carlson Center Conservatory; Minnetonka, Minnesota j Carlson Center Link; Minnetonka, Minnesota } Dallas Cowboys Golf Club Pavilion; Grapevine, Texas Dallas Cowboys Golf Club; Grapevine, Texas EDS, Shepherd Mall; Oklahoma City, Oklahoma 1 First State Bank Renovation; Denton, Texas First State Bank; Colony, Texas Fossil Creek Tech Center Granite Plaza Office Building; Irving, Texas James R. Kirkpatrick, Architect Offices; Denton, Texas JC Penney Store # 1943 Renovation; Hurst, Texas Lincoln Center Restroom Renovations One Telecom Office Building; Richardson, Texas R. Nieto Residence; Celaya, Guanajuato, Mexico I Rapp Collins World Headquarters; Irving, Texas Scalamandre Showroom; Dallas, Texas 3 Sherman Building; Denton, Texas a Tangle Ridge Golf Clubhouse Renovation Plan; Grand Prarle Texas Vandergriff Toyota Automobile Dealership; Dallas, Texas ' Whitesboro Middle School; Whitesboro, Texas i Master Planning Southmont Baptist Church Long-Range Development Plan i Design Phase 1: Fellowship Hall Design Phase 2: Sanctuary and Education Space } Awarded AEA Ft. Worth Design & Construction Award 1981 } Client Contact, Larry Reynolds, Pastor } 940/566.3313 3 Cumberland Presbyterian Children's Home Long-Range Facilities Development and Master Plan for existing Presbyterian Children's Home Client Contact: Robert Sherman 940-368-6915 I Argyle Independent School District 2004 Program ($28 million) Included: New Elementary Facility } Additions + Renovations to Existing High School MultkSport Facility } Support Services Facility 2005 Program (approx. $30 million) Client Contact: - ' Carolyn Pierel, Superintendent } 940/464.7241 Denton Independent School District 1 Program Included: Additions + Renovations to existing Elementary, Middle & Senior High Schools New Elementary School Facilities New District Administration Facility Client Contact: Norm Sisk, Executive Director of Operations 940/369.0220 Whitesboro Independent School District Program Included: } New Middle School Facility Client Contact, Jerry Dickson, Superintendent (Retired) 940/564.6317 3 Valley View Independent School District Program Included: New Multi-Function Facility (Gymnasium/Library/Cafeteria) Additions + Renovations to Vocational Building j Additions to Valley View High School i K I R K P A T R I C K A R C H I T E C T U R E S T U D I O l l } K I R K P A T R I C K A R C H 1 T E C T U R E S T U D I 0 i j ~ - 4 1 } > Denton Central Fire Station } Denton, Texas nature of service: nature of firm's control: Architect of Record Prime Professional size: 27,000 sq.ft, i } project description: Completed in April 2003, this project was an adaptive re-use of a } 1940s diesel-generated power plant for use as Denton's Central } Fire Station. Many of the buildings' original aesthetics were retained while giving it a more contemporary feet. j awards: AIA Fort Worth Design Award 2004 Preservation Texas, Best Adaptive Re-use of Historic Structure 2004 } Main Street Denton, Excellence in Preservation 2003 } Texas Downtown Association, Best Adaptive Re-use 2003 Firechief Magazine, Best Adaptive Re-use Silver Medal 2003 client contact: Ross Chadwick, Fire Chief } 940/349.8840 l } } i l j K 1 R K P A T R I C K A R C H I T E C T U R E S T U D 1 0 j i } } 1 } } } Denton Police Station Denton, Texas City of Denton nature of service: building area: Interior Renovation 950 sq.ft. date of completion: 1 May 2004 } project description: The primary reason for the renovations to the interior space of the Police Station on Hickory Street was a need for an authoritative lobby space which promoted the security of the facility. In addition to the security issues the lobby area needed an ease of flow to increase its functionality and usability. Clearly seperate waiting and } control areas were established along with new security features and updated finishes. } client contact: Charles Wiley, Chief of Police 9401349.7925 } t 1 h K I R K P A T R 1 C K A R C H E T E C T U R E S T U. D 1 0 7 Qi CELL 1aG \ DAYROOM _ ` j CELL AL". 1 # f L/ 4? 1 r rFO 1^ s 6sAq i 5, i - i _ l s y ] i w s I!! -ry `1c BOOKING! + I~41 ¢ l ? l -f f 3NT # 1!~ ~ i I =1138 _ I ! C ELL 1 - - i ! fl j r ! jl SEP CELL , } -t p ill - -r SEP CEIL j ` SEF. CELL ! a 0 -0 3. I I"~o 1. OLIN REST. i ' swAfs: l/8• w r-o° Denton Jai[ Renovation I Denton, Texas City of Denton a nature of service: renovation area: ' Architect of Record 5,476 sq. ft. project description: The Denton Jail Project is a Renovation of and an Addition to the existing facility. The design includes the added cells for increased capacity. The other goal of the client is to elevate the level of security in a few problem areas. Windows will be added in guard areas to increase visibility. New architectural materials will be introduced in key areas of the facility that will be more durable and resistant to inmate wear. Enhancements will also be made to the Interrogation/Arraignment Room. client contact: Dean Hartley, Facilities Manager 940/349.7200 K I R K P A T R I O K A R C H 1 T E C T U R E S T U D 1 0 i y ~2 1 s a t 1 3 Denton Service Center Denton, Texas i nature of service: nature of firm's control: Architect of Record Prime Professional size: 45,000 sq.ft. 3 project description: A new Service Facility for the City of Denton i p client contact: Bruce Hennington 940/349-7200 1 J l' s } K I R K P A T R I C K A R C H I T E C T U R E S T U D 1 0 t 1 3 1 3 l 1 Denton Independent School District Administration Building Denton, Texas nature of service: nature of firm's control: Architect of Record Prime Professional } size: 20,270 sq.ft. ? project description: The Administration Building for Denton ISD was essentially a new facility. It provided a new Board Room/Assembly Area with seating for 75-100 as well as sufficient office space for the growing district. One wing of the building encorporated an Adaptive/Re-Use of an existing classroom facility. client contact: Glen Martin } 940/390.0893 J J K I R K P A T R 1 C K A R C H I T E C T U R E S T U D I O l S i w 3 - 1 Universidad de Celaya Celaya, Guanajuato, Mexico nature of service: nature of firm's control: j Architect of Record Prime Professional 1 project description: j This project included the University Master Plan and Site Development along with the design and construction of four new built spaces for the Universidad de Celaya in Mexico. The four buildings included a theatre, a computer/technology center, a student center and cafeteria, and a classroom building. } client contact: Sr. Mauricio Clark, Secretario, Universidad de Celaya 011-52-461-20861 S "When 1 hired Jim Kirkpatrick in 1988 to lead the planning, design and construction of the Universidad de Celaya, he exhibited } extraordinary leadership skills through his coordination of local engineers, building professionals and artisans... As Presidente Municipal de /a Ciudad de Celaya, Acting Gobernador de el Estodo de Guanajuato, and Diputado Federal por el Estado de Guanajuato, I have had the opportunity to observe I leadership capabilities that generate lasting results... 1 The existence and success of the Universidad de Celaya are a direct result of Jim's vision, leadership, and architectural talent." 1 -Sr. Mauricio Clark, i K 9 R K P A T R 1 C K A R C H i T F C T U R E S T U D f 0 l ~ ~d ,f I s¢~p~fT University of North Texas Projects 1 Denton, Texas ~ ■ Slhrader Pavilion m Health Services Building Remodel ■ New Parking Lots ■ Library Annex Warehouse Phase l!i 1 ■ Fouts Field Press Boxes ■ New Grounds Maintenance Building r ■ Fouts Field Training Room ■ Kerr Hall Expansion and Modifications j ■ University Services Building ■ Renovation at Six Large Lecture Rooms l ■ Women's Gym Renovation ■ Matthews Hall Remodel and Renovation ? ■ Physics Building Renovation ■ Business Administration Building Remodel ■ Biology Building Renovation ■ Clark Dining Hall Renovation and Remodel ■ Biology Building Modification ■ Engineering Technology Building Renovation ■ Chemistry Building Renovation ■ Kerr Half Expansion and Modifications Phase Il ■ Particle Accelerator Laboratory ■ Advancement Center Addition and Renovation } Owner Contact: Julius Zsohar, Construction Director 940/565.2751 i 1 j K I R K P A T R IC K A R C H I T E C T U R E S T U D 1 0 } 7 ► e } rrr } 1 S~ 3 } } } } > Texas Woman's University Projects } Denton, Texas ■ Pannell Hall-Remodel ■ Public Information Office-Remodel m Restoration of Old Main ■ Margo Jones Auditorium-Renovation m Golf Course Club House ■ University Site Entrance Development } ■ Student Center-Addition ■ H.P.E.R.D. Building-Renovation Phase 1 ■ Texas Street Parking Area w H.P.E.R.D. Building-Renovation Phase 2 ■ Wellness Center-Remodel ■ Arts and Sciences Building-Renovation ■ Wellness Center-New Facilities n Library Parking and Area Development 7 ■ Oakland Avenue Parking Area ■ Student Center Garden Room-Remodel } ■ Student Life Department-Offices ■ H.P.E.R.D. Building-Window Replacement } at Hubbard Hall-Barrier Free Entrance ■ Institutional Advancement Office-Remodel ■ Administration Building-Renovation s Southwest Institute of Design Building-Renovation Owner Contact: 1 Mary Evelyn Huey Former President, TWU } 940/382.9458 } i l ' Stewart Cooper Newell Architects ? Consulting Architects Firm Description } Resumes: Ken Newell, AIA i Phillip Welch James Stumbo Related Projects: i Public Safety Traininc-Fac,ii,ities } Gaston College Regional Emergency Services Training Facility • Ciassroom/Administration Building for Fire, EMS, & Criminal Justice Academy Physical Training & Shower/Locker Rooms } • Residential Burn Building • 5-story Fire Tower - 20,459sf - the largest in the United States • Confined Space Rescue Burn Pits • Driving Track • "Dirty" Training Props i Guilford Technical Community College • Master Plan } • 4-story Burn Building . 4-story + roof Fire Tower Sandhills Community College Master Plan to include } Commercial + Residential Bum Buildings,Training/Drill Tower, Fire Pits, Pumper Test/Drafting Pits, Vehicle Extraction City of Greenville, NC • Master Plan on a Challenging Site F City of Fayetteville/Fayetteville State University • Fire Station and Training Facility i Fire St ti n Facilities Clarendon County Public Safety Facility Gastonia Fire Department Headquarters Station York Fire Department Headquarters Station Old Richmond Fire Headquarters Station Hilton Head Prototype Fire Station Kernersville Prototype Fire Substation Thomasville Prototype Fire Substation Virginia Beach Coastal Substation } Firm Description STEWART COOPER NEWELL ARCHITECTS has been providing its clients with quality architectural design services for the past 34 years. As a firm, our goal is to provide i excellence in planning, design, and construction administration; while keeping in mind our client's budget and schedule. Since the formation of the firm in 1971, we have enjoyed steady growth in all our studios and had the opportunity to work with many different project > types and industries. Today, our multi-disciplined staff specializes in several areas, most notably Public Safety Facilities, including Fire/Rescue/EMS Stations, Fire Training Facilities, Law Enforcement, } and Correctional Facilities. We also provide design services for Municipal clients, Higher Education clients, Church clients, Recreation clients, -and Commercial clients. In addition to our architectural expertise, we also offer our clients Interior Design, Master Planning, Space Needs Studies, Long Range Planning, Feasibility Studies, and Pre-Design Planning. } Stewart Cooper Newell Architects understands the science of designing Fire/EMS ND Police Stations, Over the past 30 years we have designed over 100 Fire/EMS Stations, } Fire Training Facilities, and Law Enforcement Facilities across North and South Caro- lina, and the United States. Our specialized expertise has helped many cities and counties better the moral of their firefighters, decrease insurance rates, and provide better protection for their citzens. We are active members of several national } firemen's Associations, which helps us stay abreast of all the regulations and other changes that effect the fire service and design of these critical facilities. } Stewart Cooper Newell Architects has provided architectural and consulting services-for fire departments and municipalities in North Carolina, South Carolina, Texas, Kentucky, > Virginia, Michigan, Wisconsin, Arkansas, Florida, Georgia, Nebraska, and New Jersey. } Several of these designs have won Station Style Design Awards from Fire Chief Magazine. We serve our clients from two offices: our headquarters in Gastonia, North Carolina and an office in Columbia, South Carolina. } OFFICE LOCATIONS Stewart • Cooper . Newell *Architects, P.A. Stewart a Cooper • Newell . Architects, P.A. } 719 E. Second Avenue, Gastonia, NC 28054 2016 Sumter St. Ste 202 Columbia, SC 29201 Phone: 704.865.6311 Fax: 704.865.0046 Phone: 803.765.9011 Fax: 803.765.2011 www.scn-architects.com www.fire-facHities.com } } Stewart Cooper Newell Architects Stewart Cooper Newell Architects 800-671-0629 ? Ken Newell, AIA, Emergency Services Training Facility Designer i i Ken Newell, AIA, is a senior EDUCATION: principal with Stewart Cooper University Of North Carolina At Charlotte } Newell Architects, and has College OfArcbitecture designed over 100 Fire/EMS ~ stations and fire training Charlotte, North. Carolina facilities since joining the firm Bachelor Of Art In Architecture in 1988. North Carolina State University y He has provided architectural School OfDesign and consulting services for Raleigh, North Carolina fire departments and munici- Bachelor Of Architecture palities in North Carolina, South Carolina, Texas, REGISTRATION: Kentucky, Virginia, Michigan, Virginia Florida Wisconsin, Georgia, Ne- North, Carolina Georgia t braska, and New Jersey. Ken has also spoken at South Carolina NCARB various national and state fire i conferences. PROFESSIONAL SOCIETIES AND INVOLVEMENT: American Institute ofArchitects Ken also maintains a general North Carolina Fireman's Association contractors license as a South Carolina Fireman's Association means of staying more International Association offire Chiefs closely in touch with the construction community= PRESS) TAT IONS andARTICLES: j Ken has written articles on Fire Station Design that have been published in Carolina Fire & Rescue Joumal and Fire Chief M e 1 Ken has deliver presentations on Fire Station Design and Training Facility Design at the following conferences: - South Carolinas Fire Chief's Conference FIERO, National Fire Station Design Symposium j -NCFirefighter's Conference RECENT PROJECTS: Ken has served as Principal in Charge or Consultant on the following projects: I Gaston College RESTC: 20,000 SF Burg Building, Residential 1 Burn Building, Drafting Pits, Burn Pits, classrooms, etc. l Guilford Technical College Emergency Training Center Sand Hills Community College Fire TrainingFacility New Hanover County/Cape Fear Community Emergency Services I Training Facility Master Plan and Design City of Greenville, NC Emergency Services Training Facility 1 Ken Newell, AIA, NCARB Resume S I Stewart Cooper Newell Architects 800-671-0621 I Phillip Welch Emergency Services Training Facility Program Specialist Phil is the Director of the Gaston EUTICATI College Regional Emergency 1986 Fire Science Degree Services Training Center Gaston College, Dallas, NC (RESTC), overseeing 130 Fire- 1999 Business Administration Degree Rescue instructors, and approxi- Gaston College, Dallas, NC 1 mately 4000 firefighters and fire Current Fire & Safety Engineering Technology brigade responders each year. University of Cincinnati 2004 Executive Fire Officer i The 22 Acre RESTC is one of National Fire Academy j the busiest centers in the United ~ States, and includes a 21,000 SF Commercial Burn Buildin the ~BER'~ItwECAREERPOS'fTlO~= Building - 1990-Present Gaston College, Dallas, North Carolina } largest in the nation. Director-Regional Emergency Services Training y Center, Fire & Rescue Training, Fire Protection Technology Phil's experience has resulted in 1989-Present Gaston College, Dallas, North Carolina research and reports covering: Instructor - Fire Service Programs FirefighterHeartAttacks, 1981-1990 Gastonia Fire Department Line of Duty Deaths Engineer/Firefighter/Hazardous Materials Team i • Promotional Assessment 1980-Present Union Road Volunteer Fire Department, Gastonia, NC Centers 1989-1997 Fire Chief - Union Road Volunteer Fiore Department • Municipal Fire Depart- ment Master Planning COMMITTEEAP F National Fire ProtectionAssociation (NFPA) - Technical Committee Chairman Phil has 24 years of fire service on Fire Service Training experience. His daily duties National Fire Protection Association (NFPA)-Task Group Chair for NFPA include the complete manage- 1402 -Building Fire Service Training Centers ment of the staff, operations, N.C. State Firemen'sAssociation-HALO Committee Chair I maintenance, planning, develop- N.C. Community College System - Fire Protection. Technology Writing i ment and equipment acquisitions N.C. Fire/Rescue Commission - Fire Control Validation Committee for the facility. He is expert- N.C. Region IlFire Training Advisory Committee 1 enced in most all types of emer- N.C. Society ofFire Service Instructors - Planning Committee 3 gency training props and simula- Gaston County, NC Local Emergency Planning Committee lions, whether they are fueled by Gaston County American Red Cross -Local Disaster Planning Committee class A combustibles, coma- pressed gas, combustible / ME_M3_ERHM flammable liquids or constructed InternationalAssociation ofFire Chiefs } with ordinary materials, con- International Society of Fire Service Instructors crete, or steel. He is also National Fire Protection Association knowledgeable in environmental North CarolinaAssociation of Fire Chiefs compliance systems such as oil / J water separation systems. Nuclear Training - Reactive Approach, Specialized Training Centers . } - Fire ChiefMagazine, June 2003 ! Phillip B. Welch Jr., Resume 1 Stewart Cooper Newell Architects 800-671-0621 1 James Stumbo Resume EDUCATION: University of Tennessee Bachelor ofArchitecture 9 Knoxville, Tennessee REGISTRATION: } Noah Carolina Registration 5728 South Carolina Registration 6396 National Council OfArchitectural Registration ]Boards } PROFESSIONAL EXPERIENCE: Stewart - Cooper - Newell -Architects, P.A., Principal, ProjectArchitect 1999 to present i Gastonia, North Carolina CBSA Architects, Project Architect } 1986 -1999 .Hickory, North Carolina RECENT PROJECTS: Ken has served as principal in Charge or Consultant on the following projects: } City of Greenville, NC Fire Training Facility master Plan.& Station } Design Guilford Technical College Fire Training Facility, & Training Station Design Sandhills Community College Fire Training Facility Master Plan } Sandhills Community College Residential Burn Building Iredell County, NC Fire Training Facility City ofMidland, NC Fire Training Facility Cape Fear Community College Fire Training Facility } Western PiedmontFire Training Facility } } } James Stumbo, AIA, NCARB Resume } Stewart Cooper Newell Architects 800-671-0621 Current Fire Projects Ken Newel[, AIA, Lead Design Architect, Principal-In-Charge 1 North Port, Florida Fire - Currently in Design Development Maumelle, Arkansas Fire - Currently in Schematic Design Western Coventry, Rhode Island - Currently in Programming Wake County Fire - Indefinite Delivery Contract Clayton Fire - Currently in Construction Bay Leaf Fire - Currently in Design Development Bahama Fire - Currently in Construction Rock Hill Fire - Third Prototype Station Currently in Design j Lincolnton City Hall & Fire Headquarters - Currently in Construction Virginia Beach Fire - Currently on Hold Murphy Fire - Currently in Bidding & Negotiation Hilton Head Island - Second Prototype Station Currently in Construction Third Prototype Station Currently in Design South Point Fire - Currently in Schematics Greenville Fire, SC - Currently in Construction j Erwin Fire - Currently in Construction Weaverville Fire - Currently in Programming Asheville Fire - Currently in Schematic Design j Elon Fire - Currently in Bidding & Negotiation Pinehurst Fire - Currently in Bidding & Negotiation Fayetteville Fire - Currently in Construction ! Carry Fire - Currem."y in Construction Documents Crowders Mountain Fire - Currently in Bidding & Negotiation 3 Jim Stumbo, AIA, Design Architect Guilford Technical Community College Fire Training- Currently in Construction Administration Kitty Hawk Fire - Currently in Design Development National Guard Airport Fire - Currently in Construction Catawba Fire - Currently in Programming Asheville Fire - Currently in Schematic Design 1 I b 1 ? Stewart Cooper Newell Architects Stewart Cooper Newell Architects 800-671-0621 } Emergency Services Training Facility j i I 1 3 1 Conta t ❑r. Richard Milker 704-922-6405 _ r 1 Prri ect This additions to the Southern portion of the ' Campus Master Plan concentrated on the growth of the Emergency Management Training Complex. The additions include a classroom building, breathing apparatus unit, residential burn building, garage and maintenance unit. The complex currently includes a bum building, drill tower, burn pits, confined space rescue, and driving track. The Regional Emergency Services Training Center provides basic, continuing, and ad- vanced training to all areas of emergency services: fire, rescue, law enforcement, and emergency medical services. Misc This Complex has housed the North Carolina Fire College twice since 1990. Gaston College Regional Emergency Services Training Facility Dallas, NC Stewart Cooper Newell Architects 800-671.0621 } } Emer enc Services Iraining Facility j a k > -elk r n g Phil Welch r p _ Director 4 704-922-6258 1 Fa ili } Classroom/Administration Building 15,700 SF } $1,378,000 Base Bid Design Issues ] This facility was designed to accommodate j all administrative and indoor training activi- ties for the Fire program, EMS program and Criminal Justice Academy. It includes 13 ? offices, 9 Iabslclassrooms, physical training, conference rooms, workrooms, shower/_ ti locker rooms, and other support spaces. f Also included is a covered pavilion for i training activities associated with the adjacent burn buildings and other "dirty" W Ll(1 training props. While matching the adjacent i campus aesthetics, the building was de- signed as a pre-engineered structure to help achieve a limited project budget. 1 Gaston College Regional Emergency Services Training Facility } Dallas, NC Stewart Cooper Newell Architects 800-671.0621 Emergency Services IYaining Facility l Contact Phil Welch - Director } 704-922-5258. Fa 'li 20,459 SF f 5 Story Burn Building ; . . D Training Tower ter, Burn Pits (Fuel Oil & LP) 1 Driving Course 1 Auto Extraction Pits $1,400,000 Base Bid Design Issues ' This Live Fire Structure is a Ave story , 24,000 SF j facility with three live burn floors and 14 interior bum areas. The lower level is constructed to simulate areas of a nuclear reactor building. This facility also houses a pitched-roof ventilation training area, a five-story vertical confinement shaft, and an 1800 ) SF smoke maze. Misc 1 At 20,459 Square feet, this is the largest Burn 4h► Building in the United States. The structure is large 1 enough to allow multiple evolutions to be conducted 1 simultaneously. l Gaston College Regional Emergency Services Training Facility Dallas, NC Stewart Cooper Newell Architects 800-671-0621 1 } Emer ene Services 'raining Facility } t i 1 7 1 I Contact Phil Welch - Director } 704-922-6258 Facili 1500 SF $ 75,000 Estimated Base Bid Design Issues Prior to the completion of this project, all on-site, residential training simulation had to be performed in the adjacent commercial bum building. The shear size and configuration of the large bum building severely limited the realism of a residential setting. The residential bum building is unlike most any others currently in use in that the floor plan mimics a three j bedroom, two bath single family dwelling. It is con- j structed of masonry walls and a concrete roof deck. Each room has appropriate heat shields in order to j protect the structure from heat associated with limited E live bums. Trench drains are continuous throughout the } building for training and building wash-down. Asloped, frame roof was set above the concrete roof deck forI more realistic training scenarios that include a continu- ous heatismoke shaft for roof penetration training. Many of the beneficial details utilized in the commercial 1 bum building were incorporated into this structure. Gaston College Regional Emergency Services Training Facility Dallas, NC ON f Stewart Cooper Newell Architects 800-671-0621 Emergency Services Training Facility ) i jE_ } I 2V[LFQRD TEiGH MERG~;NCY TRA-WING FACILITY ~Slereart Caopaa•A1ewe~ Ascl tec#s i cantwct PER Pip LloydStanley -Director j 336-3344822 j Proiect j Stewart Cooper Newell Architects provided t Master Planning services for the new Guilford Technical Community College Emergency Services Training Center. Many factors had to be considered on this challenging 16 acre site. This facility is situated between the northern border of the campus, a Southern Railroad right-of-way, a natural gas distribution site on the eastern border, and a high power line traverses the site. Misc This site was ultimately master planned for a four-story bum building, a four-story training tower; a classroom building, an apparatus _ building and multiple exterior training aids such as vehicle extrication, bum pits, and test/drafting pits. j Guilford Technical Community College Jamestown; NC Stewart Cooper Newell Architects 500-671-0621 } Emergency Services Training Facility i } } i i -t } R _ Uoyd Stanley-Director } 336334A,822 Facil } 20,459 SF .4 Story Bum Building i Bum Pits Driving Course $1,650,000 Base Bid } Design Issues The bum building is designed for Class A~ combustible burns with bum shields directly ? above the bum pads to protect the concrete ceiling slabs from spalding due to the heat The ' structural floor is protected at each bum area by a sloped topping slab and fire brick. The facility is also designed so a sloped residential style roof can be added to practice residential roof venting. } Misc } Stewart Cooper Newell also provided master _ planning services for this facility. This was Phase I of a three phase project, phased to } meetthe owner's capital outlay schedule. } Guilford Technical Community College } Jamestown, NC 1 Stewart Cooper Newell Architects 800-671-0621 3 Emergency Services Training Facility 1 1 Contact 1 Lloyd Stanley - Director 336-334-4822 } Facility 4 Story Bum Building and Roof Level $582,000 Base Bid Design Issues The second half of a three phase project, the Training Tower was constructed on a pre-graded ? site on the Emergency Training Services complex. Misc Stewart Cooper Newell Architects worked in conjunction with the owner's representative to i provide economical training aides, including elevator doors and shafts, vertical and horizontal 1 confined space drills, electrical panel and valve 1 lockout {props, and floor, wall and ceiling tie-offs on all levels. The structure melds both extemal - ` i stairs and includes stairs for smoke generators. i Guilford Technical Community College Jamestown, NC i Stewart Cooper Newell Architects 800-671-0621 9 1 } Emer ene Services Training Facility - Master Plan - y ED } , euw mw ..Vi I ftm taro e[r R~ s I COUNEKNAL am BWOM Otl. 1 1 EMERGENCY TRA FAC{LrrY SANDHILLS COMMUNrry couEGE J Y+ ~1N+4 } C&tact j Ms. Joyce Rhodes - Dean of Continuing Education } 910-695-3767 -Wa77-1 -7-7 Mr. Ron Peters } Special Project Manager } 910-69 3837 ~ ~ fo~si.CHlar ROO4 M.yf,, 9eIC W,e{l,~,CWIWryY } Stewart Cooper Nowell Architects provided Master Planning and Site Selection services 1 for a new Fire Training Facility to include a } commercial bum building, residential burn building, training/drill tower, ppumper testl } drafting pits, and exterior training areas for } vehicle extraction and bum props. Construo- 1._._.v. F lion will be phased to meet the owners } budgetary requirements. Design Issues This facility will be built on a steeply sloping } rural site of approximately 7.5 acres. Addi- tional property had to be acquired on the } downhill slope to provide proper sedimentation } and impoundment basins to protect the town reservoir which is adjacent to, and below the site- } San.dhills Community College Pinehurst NC Stewart Cooper Newell Architects 800-671-0621 Emergency Services Training Facility 1 - - - - _ ~fanCncrr Baer W/ - L___~ E • . LPFT OVATION FEM ELEVATION . 4 ^ n.rnc noa. aera.vraee,uo waac r.rtw~ .urringy nrwwiw- i - wxcnc,E Haar mow. - . 7 ; ~ ~ now rwaiuwwec . i 1 E! LJ 1 R1GiT FyepH ~u! - - REAR Ey~ Sla ~ K. .1 •Rtcldtacte } COn ' Ms. Joyce Rhodes j Dean of Continuing Education 910-695-3767 or Mr. Ron Peters . 17 Special Project Manager ` } 910-695-3837 Facil Stewart Cooper Newell Architects is sched- uled to proceed during the summer of 2004 with design services for a new residential hum facility and Phase 1 site preperation.", This work will be located at the new Sandhills } Community College Emergency Services Training Facility. The residential burn building 1 will be two stories, and includes attic ventila- tion and attic access, as well as multiple burn sites located in the entry, bedrooms, living areas, and the kitchen. i Misc Stewart Cooper Newell also provided Master Planning and Site Selection services to the College. Although related, the master plan and the residential bum building underwent I seperate architectural selection processes. Sandhills Community College - Pinehurst, NC Stewart Cooper Newell Architects 800-671-0621 1 Emer enc Services Training Facility & Fire Station _'7 7 ee!I! 1 111. ' 1aaw110; _ E ~ saw a4gs } ~ ; IIIAFJ➢ui ~ - J I ) 1 wrwE j tyaaemox. : I 1 m a w- Glop, 1C IfIV" ) I Contact Deputy chlef °on Moore 252-329-4404 } Facility } Master Planning and Schematic Design for a new Fire Training Facility to include classroom facilities, training/drill tower, bum building, 1 pumper test pits, and exterior training areas for vehicle extrication and burn props. Design Issues i A very tight budget and a small ten acre urban site, bordered by a multifamily apartment com- piex on one side, and a residential subdivision on j the other. The front of the site sits on a major highway, and the rear of the site is bordered by a watershed to an adjacent lake. This site pre- sents significant challenges to the designer in choosing building systems and live burn tech- nologies. Mise Stewart Cooper Newell is also providing master } planning and schematic designs for anew fire } station which will be a part of this complex. City of Greenville, NC Stewart Cooper Newell Architects 800-671-0621 } Training Based Fire Station i ] ] ) ) ) ) 7 - ) 1 i Contact } Mr. Craig Hampton Special Projects Coordinator } City of Fayetteville 910433-1786 17,600 SF $2.7 Million Construction Budget Design Issues This station will house both career fire fighters as well as students enrolled in the Fayetteville State University Fire Protection Program. The facility includes spaces for expanded training opportunities. } AM Per Owner necessity, this project was designed and will be built on a fast-track. Contracts were signed in October, 2004, and the project goes to bid in January, 2005. j 1 City of Fayetteville and Fayetteville State Univ Stewart Cooper Newell Architects 800-671-0621 ) Public Safety Facility 3 j Contact RobertT. Boland i Kershaw CountyAdministrator (formerly Clarendon CountyAdministrator) 803-425-1500 Station 22,600 SF - Sheriffs Office 19,600 SF - Fire Department $2,000,000 - Sheriffs Office $1,900,000 - Fire Department Completed 2002 - Sheriffs Department, Completed 1999- Fire Department Design Issues'' i This facility houses the Clarendon County Fire Department Headquarters, the Clarendon County Sheriff's Office, and the County 911 communications center. The three facilities are 1 completely independent with separate en- trances, offices, conference rooms, and locker rooms. f The Fire Department has living quarters, kitchen, lounge, and drive through apparatus bays. The Sheriffs Office includes a large evidence room, crime laboratory, training and briefing area, library, and interview rooms. The second floor of the Sheriffs Office is available i for future expansion. I Clarendon County, SC Stewart Cooper Newell Architects 800-671-0621 ) } Headquarters Fire Station 1 l ) 1 n Chief Bob Ridgeway F 704-866-6806 Station 24,000 SF } $2,400,000 Base Bid } Design Issues The Gastonia Fire Department headquarters station was in desperate need of replacement. As part of a larger bond referendum, the citizens of Gastonia 1 funded the design and construction of a new head- quarters station that would serve both the administra- tive and fire service functions of the department. The new 24,000 SF station has 4 drive through apparatus } bays,1 maintenance bay, individual sleep rooms, fitness areas, large kitchen, and dayroom. The j Administrative suite has offices and conference rooms for Chief, the Assistant Chiefs, other adminis- 3 trative personal, along with a large training rooms for j continuing education and use by the citizens. The Station also includes a museum highlighting the } history of the Fire Service in Gastonia. } Gastonia, NC C~ Stewart Cooper Newell Architects 800-671-0621 } j } } Headquarters Station } i i i i i } i } Contact Chief Domenic Manera } 803-6841700 or Trey Eubanks - City Manager } 803-684-1700 ti 12,240 SF - } $988,000 Base Bid Design Issu„g With a growing population and a desire to offer its citizens the best public safety service possible the City decided to move the Fire Department out of the } Police Department and into its own facility. The new } headquarters station is located next door to their old shared facility and in the heart of the historic downtown district. Before we began design we did a comprehensive study of the departments needs and designed a station that will serve the department for } the next 20 - 30 years. To meet the design guide- 1 fines of the historic district we used a split level :T design to reduce the buildings height, a hip roof that i blended in with the surrounding buildings, and include the columned entry. Inside the station has 4 i drive through truck bays, sleep rooms, training/ community room which is connected to the kitchen, a storage mezzanine above the truck bays, and offices for the administrative staff, storage and bunk 1 rooms that can sleep up to eight in semiprivate areas. } ? City of York, SC Fire Department Stewart Cooper Newell Architects 800-671-0621 s . 7 Fire Headquarters Station , ~ F } i - ar- j 1 Contact Chief Alan Fariss 336-927-6867 1 Stain 17,989 SF i $1,330,000 Base Bid } Desian Issues } Old Richmond utilizes a split-level design that reduces the overall height of the station, yet } incorporates enough bay room for current and } projected apparatus needs. This "stepped" feature saved the department significant money on construction, due to existing site conditions. M'sc 1 This station is the largest civic building in Tobaccoville, and provides a community meeting } space. This space is integrated in a manner that does not hinder the daily operations of the Fire Department. A bright-red roof gives Old Richmond a distinguished, yet modem look. Ths project received the 2003 Fire Chief Magazine Station Style Silver Award for design of a Volunteer } Station 1 Old Richmond Volunteer Fire Headquarters } Tobaccoville, NC } Stewart Cooper Newell Architects 800-671-0621 Prototype Fire Stations F ) 1 ? Contact Chief Tom Fieldstead 843-682-5155 i Station 12,200 SF each $1,444,500 Original Base Bid for #7 Design Issues The coastal barrier island location of this station y presents several design issues including ; hurricane force winds and flooding. To tackle these i ; issues the structure was designed to handle 125 - MPH wind loads and the site is elevated to get the station above flood level. The station includes three drive-through apparatus bays, individual sleep rooms, a large kitchen, a dayroom, an exercise room, and a covered patio. Misc } The architectural team worked closely with the fire department and the town design review boards to ► create a functional interior for the station while meeting the aesthetic exterior requirements of this community. j We also designed station # 4 and are currently designing # 5 for Hilton Head Island. 1 Hilton Head Island, SC Stewart Cooper Newell Architects 800-671-0621 l 1 } Prototype Fire Substation } i j i } } r Contact Chief Jimmy Barrow 336-996-4885 } Station 6,895 SF _ $820,000 Base Bid De i n Issues r This station serves the fastest growing area of the town. It is a traditional two drive-through bay station with sleep rooms, day room, kitchen, j laundry room, and large meeting room/dining room area in the main entry. The design is to 1 serve as a prototype for future Kernersville substations. - } Misr } A unique aspect of this station is the Police satellite station that is included in the rear of the station. This 250 square foot area is completely - } separate from the fire station and houses a y bathroom, desks, and separate entry. EMS crews were added to the station after construc- tion, and also have their own sleep area, which is separate so that their calls will not interrupt the 9 firefighters on duty. Kemersville, NC Fire Department j Stewart Cooper Newell Architects 800-671-0629 Proto a Substation 3 , 4 0W r i I y 1 Contact Chief Marty Dailey ? 336-475-5524 i _ Station 7,400 SF North Station 8,200 SF South Station $ 9,500,500 Original Base Bid Both Stations Design Due to annexation and tremendous residential growth, the City of Thomasville was in need of 1 two immediate fire substations. The Owner } desired stations that were functional, attractive, as maintenance free and durable as possible, and be capable of speedy construction. The i facilities are pre-engineered, masonry veneered buildings with standing-seam metal roofs. Misc 1 The stations were designed to be prototypes for the City. The design allows the number of vehicle bays and sleep rooms to be determined i and built as each station requires. Each station also includes a small police sub station room with a separate entry. Thomasville, NC } Stewart Cooper Newell Architects BOD-671-0621 i l Coastal Substation } a IT 71 - , - _,__3 ARii.lpGMt6770£t1168G1E I j~ l/ 1 r Contact Mr. Bill Petty Owners Representative 3 City of Vidginia Beach } 757-427-8904 } Station l 16,943 SF $2.5 Million Estimated Cost of Construction I Design Issues The First. Landing Fire and Rescue station is to be built just a couple of l hundred feet from the Chesapeake Bay shoreline. The site is very near the site of the pilgrims "first landing" site, thus the name. The need for this station was driven by the exponential growth occurring in this area. It is j intended that this design will serve as a prototype for future Virginia Beach substations. The plans includes a four bay, drive through station, a three-story training tower, a separate boat storage building that also serves as a covered kiosk for the community bike-path, and an apparatus fueling station. The building exterior is designed to reflect many of the area coastal building characteris- tics found along the Bay. The training tower mimics many characteristics of I a coast guard tower, including the observation walk at its top. l - } Virginia Beach, VA Fire Department Stewart Cooper Newell Architects 800-671-0621 } Fire Training References } } Gaston College, Dallas. NC I: Master Planning and Site Evaluation for a new Emergency Services Training Facility II: Design of Emergency Training Facility, including Burn Building, Driving Track, Rescue & Bum Pits } III: Design of a new Residential Burn Building f IV; Design of a new Classroom and Administration Building Contact: Mr. Phil Welch, Director: 704-922-6200 i } Sand Hills Community College, Pinehurst, NC } I: Feasibility Study and Site Selection for a new Emergency Services Training Facility II: Master Planning and Schematic Design of a new Residential Burn Building, Commercial Bunn Building/ } Drill Tower, and Burn Pits Contact: Ms. Joyce Rhodes, Dean of Continuing Education: 910-695-3767 Mr. Ron Peters, Special Projects Manager: 910-695-3837 Mr. Richard Gough, VP for Business & Adwinistrative Services: 910-695-3766 4 City of Greenville, NC } Feasibility Study and Master Plan for a new Emergency Training Facility and on-site Fire Station Contact: Chief Roy Spell: 252-329-4404 s } Guilford Technical C:a1I Mum CoRe a amestown NC _ l: Design of Emergency Training Facility, including Bum Building; Residential Burn Building, Driving-Track } II: Design of a new Training Tower III: Design of a new Classroom Building } Contact: Lloyd Stanley: 336-334-4822 } New Hanover County, NC Feasibility Study and Master Plan for a new Emergency Services Training Facility Contact: } Mr. Max Maxwell: Engineering Department: 910-798-7139 Cape Fear Cantmunity College Design of a new Emergency Services Training Facility (scheduled for fall 2004) } Contact: Chief Donnie Hall: 910-798-7462 } i 1 I } 1 Stewart Cooper Newell Architects 800-671-0621 } References - Fire City of Gastonia, NC Fire Department } Chief Robert Ridgeway. 704-866-6740 } Prototype design for 3 Substations New Headquarters Station Design of 3 (non-prototype) Substations Clarendon County, SC Fire Department Mr. Bobby Boland, City Manager. 803-425-1500 New Public Safety Complex housing Fire Headquarters Station 911 Center, and Sheriff's Department 1 Town of Hilton Head Island, SC Fire & Rescue Department Chief Tom Fieldstea& 843-682-5100 Prototype Design for two new Substations Design of a new Communications Building City of Rock Hill, SC Fire Department Chief Mike Blackmon: 803-328-7220 j Prototype Design for two new Substations Town of Pine Knoll Shores, NC Fire Department l Town Manager Ms. Betty Carr. 252-247-4353 Design of Public Safety Building including Fire and Police Departments } City of Greenville, SC Fire Department Deputy Fire Chief Delma Lord, Jr.: 864-467-4462 } Prototype Design of two new Substations City of Clayton, NC Fire Department. } Chief Lee Barbee. 919-553-1755 Design of new Fire Headquarters Station } } Glassy Mountain Volunteer Fire Department, Landrum, SC Chief Brian Riebe: 864-895-4036 } Renovations and Additions to Headquarters Station } Town of Morehead City, NC Fire Department 3 Chief Jerry Leonard 252-247-2611 Design of new Fire & EMS Substation Simpsonville, SC Fire Department } Chief less Major: 864-967-9545 Design of new Fire Substation 1 City of Cherryville, NC Fire Department } Chief Jeff Cash: 704-435-1730 Renovation and Addition Study for a new Fire Headquarters Design of new Fire Headquarters Lincoln County, NC EMS Department } Director Rory Rombs: 704-732-9077 1 Design of. new EMS Headquarters ! City of Lincolnton, NC Fire Department Chief Don Wise: 704-736-8980 Renovation and Additions. for a combined Fire Headquarters and City Hall } Stewart Cooper Newell Architects 800-671-0621 1 i References w Fire City of Erwin, NC Fire Department ! Asst. Chief Ricky Blackmon: 919-557-3916 Renovations and Additions of Fire Department Headquarters Town of Kernersville, NC Fired Department Chief Jimmy Barrow: 336-996-4027 New Fire Substation, EMS & Police Satellite Station City of Claremont, NC Fire Department City Manager Dean McGinnis: 828-459-7009 Design of new Fire Headquarters } City of Kings Mountain, NC Fire Department Jimmy Maney: 704-739-8551 Design of new Fire Substation 1 City of Hickory, NC Fire Department } Deputy Chief George Byers: 828-323-7420 Design of new Fire Substation Village of Pinehurst, NC Fire Department Chief Jimmy McCaskill: 910-295-55755 Feasibility Study } Design of new Fire Station } Little River Fire Department, Horry County, SC j Chief Randy Webster. 843-248-1370 Design of new Fire Substation City of York, SC Fire Department Chief Domenic Manera: 803-684-1700 Design of Fire Department Headquarters City of Thomasville, NC Fire Department Chief Marty Dailey: 336-475-5524 Prototype Design for two new Substations I Federal Point Fire & Rescue Department, New Hanover County, NC Chief Donnie Bali: 910-798-7462 Design of new Fire Substation } Allendale County, SC Fire Department 1 Feasibility Study for new Fire Headquarters Town of Bahama, NC Fire & Rescue Department Chief Len Needham: 919-962-9699 Design of new Headquarters Station Design of new Substation Old Richmond Volunteer Fire Department, Tobaccoville, NC Chief Alan Farris: 336-924-6867 Design of new Fire Department Headquarters } Town of Liberty, NC Fire Department Chief I.R. Beard: 336-622-9050 Design of new Fire Headquarters Stewart Cooper Newell Architects 800-671-0621 S a ' Tommy A. Abercrombie Emergency Service Training Facility Design Consultant } Resume f Recent Project Experience: Tarrant County College Fire Service Training Center Responsible for all aspects of the facility including initial concept, specifications, business plan, and construction oversight. 1 3 t } } } 1 3 1 r 3 r a 9701 ARGYLE COURT • GRANBURY, TEXAS 76049 PHONE 617-279-0106 E-MAIL TLABERCROMBIE.@CHARTER.NE'I ' TOMMY L. ABERCROMBIE PROFESSIONAL SUMMARY WORK EXPERIENCE 1 1992 - Present Tarrant County College Fort Worth, Texas Administrative Coordinator, Fire Service Training Center r Director of major fire service training facility responsible for educational and training programs including A.A.S. degree programs, firefighter certification programs, continuing education programs, and in-service training programs. 3 r Led the development of a 20 million dollar state-of-the-art fire service training facility that is the largest computer controlled gas fired facility in the United States. Responsible for all aspects of the facility including initial concept, specifications, business plan, and construction oversight. ? The 23-acre facility consists of a 48,000 square foot high tech classroom and administration building coupled with a multi hazard disaster city complete with man made raging river. This highly integrated facility is one of the most technologically advanced emergency service training 1 facilities in the world. ■ Responsible for massive expansion and upgrade of programs and curriculum offerings designed to meet the increasing responsibilities i placed on the modern firefighter and emergency responder. ■ Led initiative to develop programs to provide emergency training and awareness programs to federal agencies and private industry. Program 1 has led to agreements to provide training to agencies such as the 3 Occupational Safety and Health Administration, Department of Defense, TXU Energy, and Motorola Corporation l 1994 - Present Ft. Worth. Fire Department Fort Worth, Texas Lieutenant/ Training Officer ■ Training Officer of recruit training station responsible for directing the 1 training of all new recruits for large metropolitan fire department ■ Oversee instructional staff that provides both initial and ongoing training for department. j ■ Responsible for creation of and delivery of continuing education and in 1 service training for department ■ Officer in charge of 24-hour emergency response crew l } } 1 } 1996 - Present T. L. Abercrombie Consulting Granbury, Texas Architectural Design Consultant ■ Consultant to architectural and engineering firms providing content information in regards to the design and function of emergency service training facilities. ■ Higher Education Design Consultant j ■ Architectural Programming Research Fire Service Consultant ■ Provide contract training to fire departments and emergency response 1 organizations. ■ Develop curriculum for fire departments cowering a wide range of emergency service topics. } = Develop testing and assessment programs for fire department promotional exams. x Consultant to higher education organizations on topics related to education for the emergency service responder. Fire service educational publishing review services. 1991 -1994 Haltom City Fire Department Haltom. City, Texas Firefighter ? iff Training Officer for suburban fire department responsible for } development and delivery of both fire and emergency medical training. ■ Developed community wide emergency management plan. . Public information officer for department responsible for both internal and external communication including community education. } l EDUCATION Current University of Missouri Columbia, Missouri PhD in progress Human Environmental Design: Architectural Studies 2004 Texas Christian University Fort Worth, Texas Master of Liberal Arts 2001 University of Oklahoma Norman, Oklahoma Bachelor of Liberal Studies 1 I . l } 3 ) 1998 Tarrant County Junior College Fort Worth, Texas l Associate of Applied Science, Fare Protection Technology 4 } } PRESENTATIONS AND PUBLICATIONS } Presentations NISOD International Conference on Teaching & Leadership Excellence Texas State Fire Chiefs Association Firehouse World Exposition ) Firehouse on the Road Department of Interior Design Texas Christian University Steelcase Furniture Companies 1 } Publications Firehouse. Magazine Fire Instructor Magazine } Popular Mechanics ) E } 1 ) } } l I } P R O J E C T A P P R O A C H } The past decades have seen a marked increase in the responsibilities of Police and Fire Departments. Once limited to fighting structural fires, Fire Departments are now required to respond to a variety of other emergen- cies ranging from hazard material spills to search and rescue. Police Departments have evolved from just hav- ing "cops on the beat" to having Tactical Units. These transformations have necessitated a change in the type of training, and the type of training facilities required. Though built for today's threats, Kirkpatrick Architecture Studio (KAS) and Stewart Cooper Newell Architects (SCN) believe that these training facilities should be flexible enough to allow for the training of the unforeseen. The training facility needs to accommodate some shared needs between the Fire and Police Departments, while meeting their individual training needs. Historically, Fire and Police are interconnected by the common goal that demands serving the community and its citizens as guardians of public health, safety, and welfare. KAS and SCN are excited for the opportunity to continue the relationship with the City of Denton that was begun with the Central Fire Station. Because of the success of that project, KAS has reunited that team of consultants. We believe that keeping this team together will facilitate the success of the project by removing the learning curve involved at the start of most jobs, and by capitalizing on our familiarity with the City, its needs } and its processes. For the present project we are happy to be able to utilize the team's expertise in law enforcement and training facilities and to build on our relationship with the Denton Police Department. As a means to address the com- prehensive needs of this project, we have included Tommy Abercrombie as a member of our team, an Emer- gency Services and Fire Service Consultant. Our team is uniquely qualified to program and master plan a training facility, having an architect, user/opera- tor, and engineer who all have previous experience with the process. 1 Further, combining Mr. Abercrombie's experience as Administrative Coordinator for the Fire Service Training ? Center at Tarrant County College with KAS' extensive experience working with higher educational institutions will enable us to work well with the representative from North Central Texas College. Besides uniquely suited to design the facilities, we are uniquely concerned with their success. Its success direct- ly impacts the safety of our families and our community. ) 1 f t i j 1 } K I R K P A T R I C K A R C H I T E C T It R E 5 T U D 1 0 } Working with City Departments to Accomplish the Project 1 KAS proved with the Central Fire Station that thorough planning and intimate knowledge of the owner's opera- tions facilitates a smooth project from schematic design through construction, resulting in award-winning focili- ties. Kick-Off Meeting i We would request a meeting with representatives of all end-users of the future facility. In addition to the Po- lice and Fire Departments, we envision this including representatives from Purchasing, Facilities Management, the City Manager's office, Utilities, Planning, and Engineering. This gives everyone the opportunity to meet the project players. At this meeting the project goals and objectives would be detem-iined. The process would be } described and all players would leave with knowledge of the data that will be requested of them 1 f Design Chareffe We will begin the design process with a several day in-house design charette with KAS, SCN, our consultants } and representatives from the City of Denton. With the Central Fire Station, this model proved to not only be an excellent model for allowing the owner to communicate their needs, but it gave everyone on the team owner- ship in the building's design, all while greatly shortening the typical schematic design phase. } Programming Portion Denton has provided a program for the new training facility and fire station. We would meet with end-users to confirm all activities are accommodated for and land/space/size requirements for each of those activities. Any refinement of the program can occur at this meeting. The result of this meeting will be a draft written pro- gram that identifies: - Training Scenarios, including confined space, roof venting, etc. - Training Evolutions, including number of repetitions, number of fire fighters per evolution, activities, etc. - Burn prop types, specifically Class A or Class B (combustible or gas) props. i - All other facility activities, interior and exterior. - The size of space requirement for every activity. 1 - The estimated cost of construction for the facilities. - Potential phasing opportunities for construction Planning Portion After the program has been honed, the next step is to produce a preliminary master plan. The.relationships of the parts of the training facility are critical to the success of the project. After a preliminary master plan is de- veloped, the second part of the charette would design the fire station itself. 1 1 K I R K P A T R I C K A R C H I T E C T U R E S T U D 1 0 Y Development of Schematic Design Following the charette, weekly meetings would be held with the some City representatives until a final sche- matic design is produced. } The Programming meeting outlined above results in the Owner's "wants". By presenting those wants in the } Presentation of Draft Program, we are able to inform the Owner of their associated costs. This allows us oppor- tunity to recommend to the Owner potential activities that could be reduced, eliminated, or designed for a } future construction phase. By showing the Owner what other clients have done in similar situations, we are able to provide direction to Owner. } Presentation of the Finn! Schematic Design Based on Owner approval of the preceding phase, the final submission of all data will be provided. This will } include rendered drawings along with the bound, written report that outlines the entire the results. planning process and } This presentation will also include construction estimates for Fire Station #k7 and for the entire master planned project. Cost estimating will be done through a third party estimator. } s . 1 } Design Development } Weekly meetings between KAS, consultants, and the City representatives will continue through the end of Design Development. This close working relationship promotes communication and owner awareness of the project and hopefully, eliminates the source of most change orders. Further, it leads to a building that is not only beautiful, but serves the owner's needs completely. While developing the drawings we will actively pursue pricing input to maintain fiscal control. Construction Documents Based on Owner approval of the preceding phase, the Construction Documents will be completed. The 75% } Issue will be priced to ensure the project will conform to the budget before going out to bid. 1 Bidding / Contract Negotiation KAS and SCN will assist the City of Denton with receipt of proposals and negotiating a construction contract. Construction Administration Even with our reputation for complete construction drawings, the construction process sometimes provides un- } foreseen issues or necessitates changes. Believing that the client's interests are best served when the Architect is active in the construction process; KAS' commitment to having Project Manager in the field is unparalleled. } Whenever an issue arises, KAS can be at Facilities Management's office in less than five minutes. } Throughout the entire process KAS will orchestrate the involvement of consultants, be responsible for schedul- ing, and maintain primary client contact. 1 l K I R K P A T R 1 C K A R C l-I I T E C T U R E S T U D 1 0 t Working with City Staff 1 Purchasing Department Relying on our experience working with the City of Denton, we will assist Purchasing in the preparation of bid documents. We will then assist them in the soliciting bids from general contractors and the subsequent evalu- l ation of those bids. After the selection of the contractor, KAS would attend the pre award meeting with the contractor and be available to advise on the drafting of the contractor's contract, i i Facilities. Management It is important to get Facilities Management involved in the process early, so that we produce a building that Denton can easily maintain. To achieve this, Facilities needs to be consulted when writing our specifications 1 and when designing the HVAC, electrical, and plumbing systems. Early consultation can prevent difficult changes later in the process. i Utilities Due to the size of the site and the uniqueness of its development, we will involve Utilities in the master planning process and continue to work with them, so that this project is in concert with Denton's long range plans for util- ity development. l Division of Environmental Quality i We will work with this division to coordinate with the City's environmental management efforts. We are espe- cially sensitive that every effort is taken to protect the Hickory Creek Watershed. By detaining water runoff on the site, we could help recharge the ground water, create aesthetically pleasing site features, and diminish the } capital costs associated with storm sewer. 3 Environment Committee While currently Denton does not have green building criteria, we understand that it may produce something within the next few months. This project is the City's first for this committee to have input from the start. We will work with this committee and the user groups to determine which green strategies are appropriate for this project. Planning Even though this is a City project, it will still have to meet all Development Codes. Having Planning involved in the Kick-off Meeting, or having a separate meeting before the lick off Meeting, would be essential in a smooth project. Engineering For the success of the project, Engineering's knowledge of the growth of Denton and the City's Mobility Plan will be essential. Their input will help us determine the best placement of the different components of the project. Our civil engineer will be well versed with Denton's requirements. Working with Community Groups The scope of this project and it's proximity to residential areas will necessitate meetings with community groups. While having general experience in presenting in open community meetings, KAS has specific experience J presenting to, and serving on, Denton's community groups. The feedback and insight gained in these meetings } can be crucial to the project's success. } K I R K P A T R I C K A R C H€ T E C T U R E S T U D 1 0 Sustainability f That the buildings we build and the places we create should promote the health of it's users, respect the land and community on which it is dependent, and minimize any environmental impacts is a fundamental tenet 1 of architecture. KAS is committed to the development of sustainable design in hopes that eventually it may become known as what it is...good design. Further, we see the green building strategies that emerge in this development, not as a "ought to do" out of shame or guilt, but as a "should do," because they will provide i quantitative and qualitative benefits to the City of Denton. With years of experience, and with a LEED Accredited Professional on staff, we will work with you to evaluate } which green building strategies are applicable to this project. These strategies are too numerous to fully discuss } here, but we offer a few for your consideration. a Energy 1 Buildings use one-third of America's total energy and about two-thirds of its electricity. New efficient HVAC sys- tems, daylighsting controls, high. performance building envelopes, and other innovations can reduce traditional energy costs by over half. These systems, however, are constrained by the architect's siting of the building and his knowledge of the site's micro-climafe. Dale W. Coffey Consulting Engineers (DWCCE) has designed geo-thermal mechanical systems for several differ- ent types of clientle. } KAS used the thermal mass of thick masonry walls and the insulation of the earth to design a highly energy ef- ficient for the Texas Employment Commission. Indoor Environmental Quality } With the mountain of evidence available, there is no debate that when occupants have thermal comfort, natural light and a view, a healthy workplace, and are able to hear themselves think productivity rises. This rise can be between six and sixteen percent. This is not to mention higher retention rates and fewer sick days. } KAS understood this when they designed Borman Elementary and Evers Elementary. By designing the windows specific to the elevation they faced, KAS was able to maximize the daylighting for the classrooms and minimize } solar heat gain. With average Americans spending over 80% of their time indoors, "off gassing" from paints, adhesives and con- struction materials can greatly impact their health. This consideration should be given even to inmates. So for the additions to the Denton Jail, we specified low-VOC paints. Where we hod to use epoxy paint on cell doors and windows, we had those painted off-site. } Wafer } Once used without thought, it is now clear water is a commodity to be used with thrift. Low flow toilets, water- less urinals, gray water systems, rain water harvesting and other strategies would be applicable to this project. But more importantly, with the amount of water that will be used in the bum props, a water reclamation system } will be needed. Kimley Horn provided just such a system for the Tarrant County College Fire Service Training Center. Site I The Training Center portion of the project will have specific challenges to ensure that the site and surrounding community is treated with sensitivity. Among these challenges is how to abate the heavy metals, mostly lead, from the firing range which can contaminate the land and the ground water. There are several options we will review, from altering the traditional berm design to, to bullet traps, to using lead-free ammunition. } K 1 R K P A T. R I C K A R C H I T E C T U R E S T U D 1 0 } j i 1 Kim[ey--Horn & Associates, inc. Civil Engineering Consultant ) 1 J ) 1 l) 1 3 - ) ❑ Kimiey-Horn and Associates, Inc. } Firm Introduction Kimley-Horn has been providing a wide range of services since our founding in 1967, ? including site civil, traffic engineering, drainage, landscape architecture, and } environmental. We have more than 1,600 professionals providing services from 54 offices across the country - including one in Fort Worth, Dallas and Frisco. } Range of Services } Kimley-Horn is a fully integrated consulting firm offering a full complement of traffic } and civil engineering and planning services. Our staff has capabilities that encompass all phases of a project, from the early planning stages through final design and construction administration: ■ Predevelopment services 2 Roadway and bridge design } ■ Transportation planning and traffic ■ Parking planning and design engineering w Landscape architecture / urban ■ Access and circulation studies design ' ° Traffic impact analysis , Water / wastewater collection } 0 Master planning treatment, and distribution systems Site civil engineering ■ Paving and drainage Environmental assessment and ■ Utilities } remediation Stormwater management • Surveying / platting Construction administration and • Zoning testimony and assistance observation } } } } f Copyright @M rmtey Ham and Assodbles, Inc. Kimley-Horn } ❑ ❑ and Associates, Inc. i l John D. Blacker, P.F. - Fire Training Facility Civil Engineering Significant Past Projects Fire Technology Training Center -Tarrant County College NW Campus, Fort Worth, TX- Project } manager for services including civil engineering, landscape architecture, and surveying. The complex includes an administration building, teaming lab, training and swift-water pumps, defensive swim channel, low-water } crossing, spillway, hotel/apartment, propane tank fire mock-up, residential search and rescue, confined space, j trench rescue, fuel spill, railroad crossing and future tunnel, six-story high-rise bum building, loading dock, skid } pad, tower, propane storage, hydrostatic tank, vehicle fire mock-up, and an outdoor classroom. ? Richard M. Flynn Fire Training Facility, Concord, NH - Project manager for the civil engineering of a large-scale fuel-spill burn area being added to this academy. This area was necessary to allow fire-service 3 personnel serving index E airports to maintain their certification per the FAR 139 training requirement. The } burn area is propane fueled and measures 125 feet in diameter. Aircraft Rescue and Fire Fighting (ARFF) Training Facility, Cincinnati/Northern Kentucky Int'I Airport, Cincinnati, OH Project manager responsible for design program management, site layout, trainer equipment } coordination for a specialized aircraft fire trainer (SAFT) addition to the existing Fire Training Facility. j ' } ARFF Training Facility, JFK International Airport, New York, NY - Project manager responsible for } design program management, site layout, trainer equipment coordination, site utilities, site grading, and drainage for a specialized aircraft fire trainer (SAFI'). } I } ARFF Training Facility, Philadelphia International Airport, Philadelphia, PA - Project manager responsible } for design program management, site layout, trainer equipment coordination, site grading, and drainage. ARFF Training Facility, D/FW International Airport, D/FW Airport, TX - Project manager for a feasibility 1 study and master plan that was prepared for the proposed regional training facility at D/FW Airport. Planning } included researching state-of-the-art aircraft fire training systems and associated environmental issues. The } major concerns addressed in the study were safety, realism, economy, reliability, and environmental quality. At the conclusion of this study, a master plan was prepared for a regional fire training academy. Phase I } included a 162-foot-diameter fuel-spill bum area, six-story control tower/bum building, specialized aircraft fire } trainer (SAFT), vehicle extricationfre trainer, briefing building, and storage building along with all associated utilities. In order for the facility infrastructure to be designed around the fire training equipment, a } performance specification was prepared to obtain bids for the fire training equipment. The design was based } on a computer-controlled, propane-based system with the computer control room on the top floor of the 1 control tower, which allows visual observation of the enfire training facility. 1 } Florida Emergency Training Facility (FETF), Ocala Regional Airport, FL - Project manager for this project to make sure the Ocala FE'TF meets the need for a regional training facility in the State of Florida. The FETF comprises approximately 47 acres and includes an EVOC tactical course, an off-road vehicle } equipment course, an industrial park, and an adult recreation facility. The FETF is oriented around a propane-based, computer-controlled, 152-foot-diameter fuel-spill bum area designed to meet Index "E" level ) ❑ l• ❑ Wey-Horn l and Associates, inc, ) ) John D. Blacker, RE. Fire Training Facility Civil Engineering Significant Past Projects, cont. training. The facility also includes a specialized aircraft fire trainer (SAFT), which consists of wing and tail engine fires, a wheel/brake fire scenario, galley, lavatory, cockpit, APU, and baggage compartment fires and an interior cabin fire with flashover. ) Blue Grass Airport ARFF Training Facility, Lexington, KY - Project manager overseeing design of the facility, which includes an 85-foot-diameter fuel-spill burn area with the infrastructure designed to support the future expansion of the trainer to 125-foot diameter in order to meet the needs of the Index "E" training level. The facility will also include an SAFT consisting of a wheel/brake fireplace, a wing engine fireplace, and an interior cabin fireplace, all propane fueled and computer controlled. Washington Dulles International Airport Live-Fire Training Facility - Project manager for the design of this facility that includes a computer-controlled, propane-fueled, 125-foot-diameter fuel spill bum area, vehicle maneuvering area, control tower, propane distribution system, and vehicle extrication pad. The facility will be designed to allow for the future expansion to include an administration building, a specialized aircraft fire trainer (SAFT), and a structural fires trainer. l Chicago O'Hare International Airport ARFF Training Facility, Sytntron Systems, Inc., Chicago, IL.- Project manager for modifications to the design of this facility, which consists of a 125-foot-diameter fuel-spill burn area with a separate aircraft fire trainer. The project was designed prior to the equipment supplier } selection, and once the supplier was on board, John's team modified site plans to meet their equipment ? needs. This included updating the fuel spill bum area drainage, propane bunkers and mockup foundations, modifying the aircraft fire trainer foundation, coordination with the propane system designer, and revisions to the electrical power and control system. Salt Lake City Airport Burn Pit. Relocation, Salt Lake City, UT - Project manager for design of this training facility that has a 125-foot-diameter fuel-spill burn area with an active aircraft fires trainer mockup in the center. The project was designed by another AIE firm but re-assigned to John's team at 50 percent level of completion, and they eliminated plan inconsistencies and finished the project as the engineer-of-record. Taxiway C Extension at Dallas/Fort Worth International Airport, TX - Project design engineer responsible for initial layout of the taxiway extension and taAlanes, including both horizontal geometry and } vertical profiles. He was also design civil engineer for the rehabilitation of Runway 13LI31 R at Dallas Love f Field. The project included resurfacing of 7,752 feet of runway, associated taxiway intersections, shoulders, and lighting. He followed the project into construction as the onsite project engineer, supervising the inspection of the $8 million project. Runway Rehabilitation, Love Field Airport, Dallas, TX - Project engineer who helped with the rebuilding of Runway 13V31 R within 140 calendar days. Project coordination required phasing work to complete all removals, light installation, milling of old surface, asphalt bond breaker, and concrete paving with new shoulder installation to take place while other runways were operational. Shoulder installation consisted of i i• Kimley-Horn ❑ ❑ and Associates, Inc. John D. Blacker, P.E. Fire Training Facility Civil Engineering Significant Past Projects, cont. i old shoulder removal, lime treat sub-grade, new asphalt shoulder and re-working shoulder edge lighting 3 system. The project involved removing all existing runway and connecting taxiway lighting systems, removing 1 shoulders in their entirety, removing entire sections of the old runway, milling old runway to a plan profile } grade, replacing removed sections with concrete, installing new runway light systems imbedded in old } runway set to finish grade of new construction, asphalt bond breaker, concrete paving matching plan profile and lighting system needs, and striping. Alliance Air Trade Center, Haslet, TX - Project manager for the team that provided survey, platting, 7 easement preparation, and civil engineering services for the initial phase of a 26-acre industrial office/warehouse development which included a 99,000 square-foot air cargo facility located adjacent to Fort Worth's Alliance Airport. Kimley-}tom coordinated with the City of Fort Worth and their consultants on the adjacent airport taxiway expansion project, worked with the City of Haslet on infrastructure and drainage matters, and assisted the project design team in navigating through FAA development regulations. The project was conditionally approved by the City of Haslet. Years of Experience Kimley-Horn: 2 } Other Firms- 18 Education and other Professional Qualifications ? Bachelor of Science, Civil Engineering, Texas Tech University, 1985 Bachelor of Architecture, Texas Tech University, 1985 Professional Engineer in seven states Member, American Society of Civil Engineers (ASCE) Member, American Institute of Architects (AIA) John has 20 years of civil and structural engineering experience, strong architecture skills, and a broad technical background in aviation/transportation, industrial, and specialized facility design. He is proficient not only in managing the design of Fire Training Facilities, but also the management and design of Land } Development and Airport-specific projects including construction management and inspection projects. John has been responsible for project management, budgeting, scheduling, and all areas of construction management including construction administration and field resident engineering. 1 J Current Project Assignments I Plano ISD Cox Building Addition - August 2004 } Town Center Bank - August 2004 Decatur Industrial Park - September 2004 ) 1 ❑ ❑ Kimfey-Horn } and Associates, Inc, 1 Jeffrey W. Linder, RLA - Landscape Architecture Significant Past Projects 1 Master Park and Trail System Master Plan, Keller, TX - Project manager as Kimley-Hom updated the city's comprehensive land use plan, which includes a park 1 trail system master plan. The project team - updated Kelley's trail system plan and addressed the need for a recirculating plan, since the city lost 2.5 miles in its southern sector. Kimley-Horn also coordinated Texas Parks & Wildlife issues, identified trail ? alignment 1 locations, provided linkage alternatives for location of hike and bike trails, addressed the issue of equestrian center relocation, and identified two new-park locations. Land Use Plan Update, Keller, TX - Project manager as Kimley-Horn updated the city's comprehensive j land use plan. The Phase 1 project scope included preparing land use standards and guidelines for major traffic corridors, developing guidelines for the analysis and review of property for zoning/rezoning, guiding future residential land use densities; coordinating mutual land use proposals with adjoining communities, guiding the land use issues for a portion of county property that may eventually be inside City limits, determining industrial park land use, and developing guidelines for old downtown overlay district. } Woodway Beautification Plan, Woodway, TX - Team member during the development of a beautification plan for the City of Woodway, which included an inventory of existing landscape enhancement and 1 identification of opportunities for future enhancement. Through coordinated efforts with TOOT, City of Woodway staff, and the Woodway Beautiful Commission, Kmley-Hom prepared a report that will allow for consistent theming and provide guidance for City leaders as they work toward continued improvements. } Kimley-Horn noted key areas and provided a schematic design for each one that included cost opinions, priority ranking and potential funding mechanisms. } North Tarrant Parkway Phase I, North Richland Hills, TX - landscape task leader as Kimley-Horn provided engineering design for the 0.75-mile first phase of this roadway. The existing two-lane asphalt 1 roadway was extended to a six-lane divided principal arterial. This project is the City's northern gateway and includes 45-foot parkways and 30-foot medians with extensive landscaping and streetscaping. The project } scope included roadway design, paving, drainage, traffic signalization, construction sequencing, TOOT and franchise LMlityy coordination, striping, street lighting, significant streetscaping and landscaping, and monthly } stakeholder newsletters. North Cities Park Land Planning, Lewisville, TX - Project manager of the Kimley-Hom team that 1 prepared land use plans for a t 411 -acre office, retail, commercial, and industrial development north and south of SH 121 in the City of Lewisville. This project required coordination with city officials as well as ? preliminary opinions of site development costs. i ' ICmley-Morn i and Associates, Inc. l Jeffrey W, Linder, RLA Landscape Architecture l Significant Past Projects, cont. Elm Fork Ranch, Carrollton, TX - Task manager during this land planning project for a 485-acre tract at t the northern edge of existing development and located on either side of the SSE 121 Bypass Corridor. Team responsibilities included parcelization, land use assignments, writing planned development zoning standards, presentation of zoning request, and amendment of the city's thoroughfare master plan. l Plano DART Transportation Land Use Study, Plano, TX - Team planner who helped develop Station Area Plans for two Dallas Area Rapid Transit (DART) light rail stations. Final station area plans include f design guidelines for implementation, station site plan, and transportation network modification recommendations, as well as financing strategies for implementation of the land use recommendations. Ultimately, the plans helped with reducing congestion, increasing accessibility, maximizing use of the transit element, promoting strategic public and private development, and building consensus among DART, Plano, l and land owners. l Las Vegas Boulevardl4th Street Streetscape, Las Vegas, NV - Team planner who helped make recommendations for functional and aesthetic improvements to the two-mile corridor. Improvements include i upgraded, wider sidewalks; new roadway surfacing, curb and gutter; upgraded streetlights, traffic signals, and regulatory signage; pedestrian amenities including precast benches and waste containers; and landscaping and irrigation improvements compatible with the and climate of Las Vegas. Heritage District Master Plan, Bonham, TX - Team planner for an overall revitalization program. 1 Services included urban planning, landscape architecture, signing and hadscape design (benches, lighting, etc.), park planning, transportation planning, graphic design, and an extensive public involvement program. ! Surf and Swim Children's Pool and Master Plan, Garland, TX - Team designer as Kimley-Hom worked 1 with the City of Garland on expansion plans for their aquatic facility. Additions included a new front gate, 1 expanded shaded seating, both a small and large children's play pool, and a slow river. Construction documents for a Phase I Kid's Pool addition included zero-depth entry, interactive water play features, non- slip surfacing, shade structures, and site furnishings. I y Craig Ranch, McKinney, TX - Project planner for the Kimley-Horn team that worked with the City of , D McKinney to help define a land use plan for the City's Regional Employment Center (REC). Project responsibilities included drafting development standards for the overlay district and helping to define the f image of the area, since the property was the first to develop in the new district. Uses in the development include office, retail, campus commercial, mixed-use, and high, medium, and low-density residential. The development also includes a hotel/convention center and a high-profile, destination-style PGA golf course Sandy Lake Road Improvements, Coppell, TX - Project planner. This project involved the design of the } reconstruction of a 1.9-mile section between Denton Tap Road and MacArthur Boulevard. The scope } includes alignment and right-of-way determination, drainage evaluations, phased construction of 1 approximately 10,500 feet of concrete pavement, curb and gutter, utility adjustments, relocation of a 30=inch l water line, design of a 30-inch water line, traffic signalization, major landscape improvements, and irrigation. ► K'Imley-Hom and Associates, Ind. 1 Jeffrey W. Linder, RLA - Landscape Architecture Significant Past Projects, cont. 1 This project also includes cross street grade adjustments, retaining walls for tree preservation, coordination f of franchise. utilities, grade separation, and the design of an eventual four-lane thoroughfare. 1 Spring Creek Parkway East Area Study, Plano, TX - L.A. task manager as in association with another firm, Kimley-Horn developed alternative land use and transportation plans for an area in northeast Plano. f The area is bounded by North Central Expressway on the west, Spring Creek Parkway on the north, Rowlett i Creek on the east, and Bowman Branch on the south. Two land use alternatives for future development of this area incorporating a Dallas Area Rapid Transit (DART) station, a civic center/auditorium, and a community college site were prepared. A preferred alternative was developed incorporating each of the three } elements into the general plan. j Downtown Entry Corridor Improvements, Las Vegas, NV - Team planner as Kimley-Hom served the City i of Las Vegas for this multimillion dollar improvement to the downtown entry corridor. The project objective was l to enhance traffic flow with attention to enhancing capacity through implementation of 4th Street as one-way _ northbound (three lanes) and special intersection design at 4th StreettLas Vegas Boulevard. Project included streetscape beautification and planning/design of hardscape and softscape elements to provide an enhanced } visual appeal to drivers and pedestrians. Kimley-Horn provided all preliminary and final plans, traffic signal design, special lighting design, utility coordination, and an extensive public involvement program. The uniquely designed corridor required non-standard lighting such as special HPS lighting fixtures, color coordinated poles, MH up lighting at tree pits, and provisions for future neon lighting. 3 Education and other Professional Qualifications f Bachelor of Landscape Architecture, Texas A&M University, 1995 Registered Landscape Architect 1 Jeff Linder has 11 years of specialized experience in land planning and landscape architecture. His project experience includes everything from municipal facilities and parks to roadway corridors and residential and l commercial developments. He also has expertise in urban design, site planning, zoning, annexation, and streetscape design and he is well accustomed to working with the civil engineers on a project in order to i integrate planning and landscape architecture components as smoothly as possible. i Current Project Assignments j Saddle Club SF Landscape Architecture - September 2004 ? Pollard Street Pedestrian Way - August 2004 f Lake Worth Parks Improvements - November 2004 t } 1 State-of-the-Art Fire Technology Training Facility Opening in North Texas 1 3 by } John D. Blacker, P.E. America's firefighters are being called on today to do far more than, fight fires. Whether it's a hazardous-material spill, floodwater } rescue, underground gas leak, trench cave-in rescue, or chemical fire, firefighters more than anyone else are being asked to staff the front lines. ) At the same time, however, tax-strapped county and city } governments have continued to reduce funding for fire and police training - a decade-long trend. The gap between public safety needs } and adequate training for contemporary firefighters is growing at a } worrisome rate. } In North Texas, however, a community college system is blazing a trail away from that trend. On the outskirts of Fort Worth, the Northwest Campus of Tarraut County College (TCC} in August } opened a 27-acre, $18 million fire-training complex that insiders only } half jokingly refer to as the "Disneyland of fire training facilities." In y much the same way Disney raised the bar for entertainment parks, the TCC Fire Service Training Center may change the look and reach of fire training for all time. The `Disneyland of Fire Training Facilities' } TCC's training center includes a six-story building for training high-rise firefighting; a one-story complex simulating a three-store strip shopping center; a two-story structure reflecting a hotel or apartment environment; and a separate row of simulated houses that } have alleys, fences, landscaping, and straddle a simulated city street. The complex also includes a manmade channel used to train } firefighters and police officers in swift-water rescue, a pad for fuel- spill training exercises, and a system of trenches where rescue workers } will practice rescues.necessitated by broken gas lines or trench j collapses. 1 a } } } Rounding out the complex are a simulated fire station, two } partially enclosed outdoor classroom buildings, and a three-story administration/classroom building from which computers control the intensity of fires and reaction of the flame as the extinguishment agent is applied. The administration building also includes space for regular campus classes and meetings. It's the integration of all these elements into a unified facility, > one greater that the sum of its parts, that is really successful at TCC, } said Todd Tovani, the design architect with BJSS Duarte Bryant. Impressively ambitious, ~ TCC's training center actually began in the late 1990s as a modest 40,000 square foot addition to the school's police academy. That plan began to grow dramatically, however, when college officials began to realize how far the nation had fallen behind in fire training. "The project went through three stages of growth," said Carl Pringle, director of facilities for TCC. "Before we were finished, our project went to $18 million. But that shows the extent of the need. For example, firefighters here who want to practice swift-water rescue used to have to rent time at the water amusement park in Arlington. As we discovered how large the needs were, the budget grew accordingly. Our trustees also became increasingly excited about the role we could play in filling a huge public safety gap." TCC met the funding challenges by implementing a novel approach, one that allowed the college to fund the project through maintenance tax revenue rather than general obligation bonds. i As the design team began to take shape, TCC contracted with PBS&J, a national engineering and environmental consulting firm, to provide civil engineering, landscaping and surveying services. Architect of record for the team was PBK Architects of Dallas and the ► design architect was BJSS Duarte Bryant of Olympia, Wash. It also entered into a construction management-at-risk agreement with Charter Builders, Ltc. of Dallas. As part of the cm-at-risk partnership, Charter was responsibilities for managing the construction process as well as cost control. ) ) i Many Systems, Many Challenges i In terms of scope and use of technology, few if any training centers come close to matching TCC's. For civil engineers, the project required acute planning to assure the water, fire and structural systems would work efficiently. Moreover, TCC's fire training center has the singular mission of simulating danger at every corner. Although it may be a controlled environment, the training center's fires, swift-water } and trenches are very real. For engineers, then, there was little room for error. TCC began construction of its training center in August of 2001. Slightly northeast and contiguous to the main campus, the } training complex is built on terrain that rises from 710 to 758 feet above sea level. Instead of leveling the land, planners saved the natural contour so trainees can experience what it's like fighting fires and parking fire trucks on uneven terrain, Tovani said. Excavation was a bit challenging because of the lack of topsoil. In most areas, rock was found only six inches below the surface, although the limestone strata were not uniform. However, the rock could be ripped instead of blasted. By the time the complex opened, about 60,000 cubic yards of material had been cut and 45,000 cubic yards of material had been filled. Lime stabilization was not required. Where the sub-grade was in rock, crushed limestone or ? "chat" was used to fill the voids from the excavation operation. Site work also included construction of two ponds at the base of the complex. Because of environmental and economic concerns, the 7 training center recycles the water it uses. Initially, water was pumped into the two ponds from nearby Marine Creek Lake, establishing the ponds as a recyclable source of water for the training complex. Storm water and extinguishment agent runoff is collected in the storm sewer system and piped to the upper and lower ponds. Water is pumped throughout the training area via 8-inch and 10-inch pipes. j a } } 1 Water World Water plays a critical role at the complex, not only in the I extinguishing of fires, but also in the training of swift-water rescues. TCC's training center has made swift-water training a priority because j that type of rescue has a high fatality rate, according to TCC Fire Academy Coordinator Tommy Abercrombie, a long-time Fort Worth firefighter who is credited with bringing the project to fruition. 1 Consequently, various swift-water scenarios are offered. One includes } the rescue of someone stranded on the top of a vehicle in the middle of I the channel. Another involves the use of rescue ropes stretched across the channel. Immediately below the spillway, where hydraulic chum is strongest, immersed firefighters are taught how to save themselves } when caught in a hydraulic jump. The defensive swim section of the } channel teaches rescuers to keep their feet up and catch rescue throw- bags. } t To make these exercises possible, PBS&J created a concrete I channel over 700 feet long that runs from the top of the complex to the base. Five feet deep and eight feet wide, the channel begins at a 15' ' long x 32' wide x 12' deep headworks structure. } } At that point two pumps, discharging water at a rate of 80,000 } gallons per minute, move water from the upper pond through a 72 inch concrete pipe into the headworks structure. The water fills the } structure and spills over into the channel. The pumps are 355 } horsepower, submersible pumps provided by ITT Flygt Corp. } Depending on which of the several different exercises is underway and there are several different types water velocity } varies depending on the cross-sectional area of the channel. At its most } rapid point immediately below the headworks structure, water velocity is more than seven feet per second in the defensive swim channel. } Where low-water crossing techniques are taught, velocity is two feet } per second. When training exercises are not underway, the two larger } pumps are shut off and a smaller 300 GPM pump continues to trickle water through the channel. Symbolically, water is very important to } the facility. The trickle flow of the swift-water rescue prop helps reinforce this concept as it is viewed from key pints around the complex. J f } ) The channel is also used to teach emergency personnel how to draft water from alternate water sources such as streams, lakes and swimming pools. Motorized valves on some of the training fire hydrants, controlled from the central computer room, are used to 1 reduce hydrant pressure, creating a scenario where the trucks have to draft from the pond to have adequate water. # The facility has two hydrant systems. The first is connected to 9 the city water supply and provides real fire protection to the complex. The second systems is for training. Two 88 -horsepower Flygt submersible pumps provide more than 1,600 GPM at SO psi to the training water hydrants. A 20,000 gallon hydro-pneumatic tank is supplied in the system to modulate the pressure. Since the water is } being pumped from the lower pond, a filtration system has been installed to protect the pumps on the fire trucks. The system, supplied by Lakos Sand Separation Systems, consists of two eight-foot long separators capable of removing 98 percent of particles 74 microns and larger with minimal pressure loss. Standing up to the Heat TCC's training exercises cover the gamut of commercial, residential and industrial fires. The six-story simulated high-rise, which allows the training of high-angle rescues, includes a loading dock with a tractor-trailer rig fireplace and an area where warehouse fires can be simulated. The upper floor includes a special spring- supported floor that creates the sensation of working on a buckling surface. Adjacent to the new high-rise is an older four-story fire tower, which is not active but was kept to help simulate a downtown street. 1 In the nearby retail strip center, three storefront shops are able to simulate a dry cleaning establishment, restaurant with commercial kitchen, and other types of businesses. The hotel/apartment training center includes a breezeway, which is common at hotels and multi- family facilities, and fireplaces with systems that emit non-toxic smoke. i } ) Designed as the premier fire-training center in America, TCC's complex is expected to receive extensive use. By design, it allows several training activities to be conducted simultaneously. To extend } the life of the training buildings, the team selected exterior CMU } concrete brick, which is best able to withstand extreme temperatures. On the inside, Pagenite wall panels further reduce heat forced on the structural components. } 1 Fuel for the Fire } At the various training sites, propane and natural gas are used to fuel the fires. Because Dallas-Fort Worth has been designated by the Environmental Protection Agency (EPA) as a non-attainment area, gasoline or wood-pallet fires, commonly used at training centers elsewhere, were not an option for TCC. } Propane is used for the exterior fires and for the fuel spill fires 1 because of its high expansion ratio going from liquid to vapor. Natural } gas was available at the site and was used for the interior fires. The computer-controlled systems create a safe, realistic, reliable and } repeatable fire training experience. The live-fire training system was designed by Symtron Systems Inc. of Fair Lawn, N.J., the 20-year } leader in the field. Although the smoke and flames are truly realistic, they are environmentally inert, said Terry L. Haymond, director of } facilities development for Symtron Systems. If a firefighter encounters } difficulty, the system is equipped with emergency shut-off switches, } both in the control tower and on the ground, which will immediately } turn off the fire. Train for any Emergency Along with fire and swift-water training, the TCC project offers confined-space training. On the west side of the complex is a } network of concrete trenches eight feet deep. In the trenches, rescue ? workers can practice various rescue techniques, including storm- sewer searches that require firefighters to navigate their way through 24 and 30-inch ADS pipes. In the trench used to simulate gas-line and } waterline breaks, the sound of hissing gas is evident. By opening a 1 valve, the trench quickly fills with water. During some exercises, simulated earth is loaded behind two six.-foot tall sluice gates. When the gates are opened firefighters experience the sensation and hazards of a collapsing trench. ) } } i 1 1 Near the confined space training area, rescue workers also have an opportunity to practice fuel-fire response. On a 20 by 20-foot concrete pad, liquid propane burners can create flames 40 to 50 feet } high. The fuel spill is adjacent to a railroad track complete with rail 1 cars on their sides. The track and rail cars were donated and installed by Burlington Northern Sante Fe. In the fixture, a railroad tunnel will be added to allow training in the rescue of a subway emergency. Remote Sensing and Control } The various propane/natural gas systems are controlled by a dedicated computer in the administration building computer room. j The computer continuously performs checks on the equipment to ensure correct operation. In the event of an unsafe condition or emergency, the computer immediately aborts the training scenario. Flames are automatically extinguished, but smoke is evacuated and interior temperatures are reduced. y The Symtron Systems life-fire training network includes sensors in each building. They can be activated remotely from the control center, where the intensity of the fire can be regulated. In fact, sensors allow practically every aspect of the training exercises to be controlled from the control room, including lights, water, gates, and thereto-imaging cameras. The sensors even make it possible to print readouts of how much time was required to extinguish fires. r Fast-Track Construction Despite its complexity, TCC's training center was designed as a fast-track project with only a 12-month schedule. Thanks to i reasonably good weather and acute coordination, the project moved forward quickly. Despite an $18 million outlay, TCC should be able to recoup its initial $18 million investment in about 10 years, college officials said. The college will market the center not only to Texas fire and police departments, but public safety departments across the nation. There's little doubt the need is there. 1 l } } } "Across the nation we are seeing fewer fires, but because of petrochemicals and lightweight materials, the fires are hotter and more dangerous," Abercrombie emphasized. "At the same time that higher ? skills are required, training centers have basically disappeared because } of environmental concerns. Consequently, we're going to cover as many bases as possible here and also allow for future growth by adding extra conduit. In terms of technology, I'm not aware of any center coming remotely close to what we offer. Our instructors even have pocket controllers that allow them to start and stop fires in the ? training buildings where they're teaching. "Because this project involves so many nuances, coordination } was one of our leading challenges. But it has come together very well, } and amazingly fast," Abercrombie added. "We at TCC are exceedingly proud of what we can offer the nation's public safety professionals. There hasn't been anything like this, and therefore there's been a tremendous void. We think we've gone a long way toward filling that void. I believe lives are going to be saved because of this project." (John Blacker is a program manager with PBS&J, one of the nation's leading engineering and consulting firms. Blacker can be reached at 972-380-2605. You may view the company's web site at www.pbsj.com.) 1 3 l 3 } } 1 } 1 High-Rise r-- High-Rise/Retail Retail WNW Retail - - Confined Space French Rescue - ,y i i RICHARD M. FLYNN FIRE TRAINING FACILITY y The existing Richard M. Flynn Fire Academy consists of a burn building, an administration building, dormitory and other outdoor training S props. The only training element that was missing was the large scale fuel spill burn area, necessary to allow fire service personnel serving Index F airports to maintain their certification per the FAR 139 training requirement. On 10 acres, adjacent to the existing Fire Academy and a pristine river, an ARFF Training Facility was designed to enhance the training experience and to fit in with nature. 1 i The Richard M. Flynn ARFF Training Facility consists of a computer-controlled, propane- i fueled, 125-foot-diameter fuel spill burn area, vehicle maneuvering area, control tower with safety briefing classroom, propane distribution } system, and a Specialized Aircraft Fires Trainer (SAFT). The SAFT consists of a mockup } containing the following fireplaces: a cockpit fireplace, a cabin fireplace with both port and starboard side fires and a flashover, a cargo } area fireplace, an APU fire, a baggage - compartment fire, an electronics bay fire, a wheel brake fire, and tall and wing engine 1 ='t a fireplaces with both running and non-running scenarios. Location: Richard M. Flynn Fire Academy, Concord, New Hampshire Client: State of New Hampshire, NHDOT Division of Aeronautics Status: Operational ? Date of Completion: 2102 Approximate Cost: $7,000,000 i Approximate Fee: $500,000 Reference: Rick Mason, Director, 603-271-6099 Tricia Lambert, NHDOT, 603-271-1674 4 I r ) PHILADELPHIA INT'L AIRPORT ARFF TRAINING FACILITY In order to meet the training needs of the i Philadelphia International Airport and surrounding area, the City of Philadelphia contracted with the PBS&J Team to design a state of the art, ARFF Training Facility located on 10 acres on Airport property. The Training 4 Facility will consist of a computer-controlled, propane-fueled, 125-foot-diameter fuel spill burn t area, vehicle maneuvering area, control tower with safety briefing classroom, propane - distribution system, and a Specialized Aircraft s Fires Trainer. The facility is located in a remote r _ corner of the Airport, adjacent to an FAA radar _ facility and a tidewater drainage ditch. While 3 being located on Airport property inside the AOA the facility is actually located in Tinicum 5 Township. Permitting and plan review coordination was critical. Due to City of ] Philadelphia requirements, the project was bid in ? four separate contracts: General Electrical, Mechanical, and Plumbing. ' Location: Philadelphia International Airport ` Client: City of Philadelphia Status: Under Construction - Date of Completion: 3102 Approximate Cost: $7,000,000 3 } Approximate Fee: $500,000 Reference: Mark Coval, Project Manager, 215- 537-6728 ) ) i 1 3 } I - 1 } Isbell Engineering Group Structural Engineering Consultant } ) z I } } I 1 ) 1 i 1 - j i } } } } 1 40~ COMPANY BACKGROUND: XL0 Isbell Engineering Group, Inc. is a multi-disciplined professional firm specializing in Structural and Civil Engineering, Geotechnical and Construction Material Testing services established in 1977 by David K. Isbell, P.E. The office is located in Sanger, Texas and has ex- "integrity in Engineering° Panded to a current staff of over 30 professionals, and currently is } registered to practice Engineering in over 37 states. 1 CONSULTANTS IN ! ENGINEERING & SERVICES PROVIDED: 1 PLANNING Structural Engineering Commercial } Residential Industrial } Institutional Forensics } Geotechnical Engineering FIRM PROFILE Geotechnical Investigations } Civil Engineering OUR MOTTO Land Development "Integrity in Engineering" Surveying } We are committed to helping Platting } you achieve all of your project Master Planning - goals, including budgets and urban Planning } deadlines. Landscape Design } This means we will do our best to be accessible at all times, Construction Materials Testing } undivided in assisting you, honest, practical, hard working, Pier Inspections } and looking out for you. Concrete Placement Observation and Testing Soil Densities, site work, utility trenches, etc. } Aggregates } Reinforcing Steel Structural Steel Masonry Mortars/Grouts Concrete Cylinder Testing } Full Service Soils Laboratory } Industrial/Warehouse Building Design Architectural Engineering Isbell Engineering Group, Inc. Site Layout 1405 W. Chapman Dr. #200 Design/Build } Sanger, Texas 76266 940-458-7503 1 940-458-7417 Fax isbell@isbeilengineedng.com } 1 ) 1 ) i DAVID K. ISBELL, P.E. f President, CEO, Structural Division Manager 1 ' r David Isbell has a Bachelor's and Master's Degree in Civil Engineering with a concentration in Structures. In 1977, David began offering I "Integrity in Engineering" consulting services and the firm of Isbell Engineering, Inc. was created. Since then over 2,000 projects have been completed by the firm i ranging from residential additions to large industrial plants. Schools l CONSULTANTS IN and industrial facilities have been especially numerous, but David has ENGINEERING & extensive experience in all types of building materials. 1 Professional Affiliations PLANNING Member, American Society of Civil Engineers i Member, American Concrete Institute Member, National Society of Professional Engineers Member, PTI Community, Affiliations Elder, Cross Timbers Church Member, Melodrama Actors of Mt. Springs i S Professional licenses Licensed Professional Engineer Licensed Professional Surveyor in Texas ti Education High School - W.T. White, Dallas, Texas, May 1966 l College - BS in Civil Engineering The University of Texas at Austin 1970 Masters of Engineering The University of Texas at Austin 1973 STATE REGISTRATIONS } STATE CERTIFICATE # STATE CERTIFICATE # Alabama 13544 Mississippi 9104 Arizona 25586 Missouri 21153 ! Arkansas 5013 Nebraska 5605 i California 30127 New Mexico 8652 Colorado 17315 North Carolina 11790 Florida 33838 North Dakota 3451 Georgia 14522 Ohio 48429 1 Idaho 4861 Oklahoma 10894 Illinois 92833 Oregon 124`16 Indiana 20636 Pennsylvania PE 042050 R 1 Iowa 10388 South Carolina 7651 Kansas 8264 South Dakota 3922 Isbell Engineering Group, Inc. Kentucky 12642 Tennessee 16582 1405 W. Chapman Dr. #200 Louisiana 21076 Texas 37838 t Sanger, Texas 76266 Maryland 17430 Virginia 14655 940-458-7503 Massachusetts 35760 Washington 2204 940-458-7417 Fax Michigan 30413 West Virginia isbelf@isbellengineedng.com Minnesota 16480 Wisconsin `11341 22753 Wyoming 6169 } I 1 GOVERNMENT FACILMES 1 Comanche County Jai, Lawton, OK Grayson County Justice Center, Sherman, TX Van A€styne Justice of the Peace Center, Van Astyne, TX i " Denton County Commissioners Court New Government Center, The "integrity in Engineering" Coiony, Texas } Denton County Carroll Courts Building, Denton, Texas CONSULTANTS IN Campus Theatre Renovation, Denton, Texas East Gallery AdcHon and Renovation, Greater Denton Arts Council, 1 ENGINEERING & Denton, Texas PLANNING 0y of Denton: Civic CenterTalet Fadi€ies Civic Center Pod } Service Center City Hal . } Visual Arts Center t Dena Recreation Center Denton Fie Station Denton Central Fie Station Related Experience Levvisvlle Fre Station # 1, Lewisvlle, TX Leo&Ae Fie Station #2 Le~, TX Bedford-Colleyvile Fire Station, Bedford, TX North RicNond Fps Fre Station, North R'Ichland HJK, TX Flower Mound Fie Station 43, Rower Mound, TX 3 Harker Heights Fie Station, Harker Haghts, TX Bedford Fie Station, Bedford, TX t Sherman File Station, Sherman, TX Lake CAS Frye Station, Lake Dallas, TX Texarkana Fire Station North Fie Station, Texarkana, TX } Kano Fre Station #3 & #4, Plano, TX } City of Carrollton Fire Station, Carrollton, TX Cooper Road Fie Station, Texarkana, AR t Ardmore Fre Station #3, Ardmore, OK } Ardmore Fire Station, Ardmore, OK Ardmore Fre Station, Ardmore, OK 1 Carrollion Fre Station # 1, Carrotttan, TX t Carrollton Fie Station #2 Carrollton, TX 1 Isbell Engineering Group, Inc. 1405 W. Chapman dr. #200 Sanger, Texas 76266 940-45&7503 940-458-7417 Fax isbell@isbellengineering.com } 1 ' Dale W. Caffey Consulting Engineers 7 MEP Engineering Consultant i } 1 1 ~ I } y 1 f i s j ) 1 Dale W. Caffey Consulting Engineers, Inc, is a multi-disciplined electrical and mechanical engineering firm with a vast amount of experience in the design of electrical/mechanical 1 systems for all types of facilities, buildings, and industrial/manufacturing systems. DWCCE was 1 } established by its founder, Dale W. Caffey, more than twenty years ago and currently serves } satisfied clients throughout Texas as well as nationwide. Mechanical and electrical consulting engineering services include: ► Electrical Distribution & Controls ► Lighting ► Exterior and Landscape Lighting ► Air Conditioning, Beating, and Ventilation Site Utility Systems } ► Plumbing ► Fire Alarm Systems ► Fire Sprinkler Systems ► Industrial Process Design ► Construction Administration Energy Management/Sustainable Buildings ► Environmental Issues l ► Facility Surveys ► Building Systems Evaluations ► Engineering Project Management The broad range ofDWCCE's engineering services are directed toward computer centers, industry, distribution centers, manufacturing, medical facilities, schools/universities, churches, sports ) facilities, restaurants, retail, all levels of government, auditoriums/theaters, and commercial owners. Firm and personnel project experience includes new construction, additions, and renovations. ) ) f ) a DALE W. CAFFEY is a Registered Professional Engineer with a Bachelor of Science Degree in Electrical Engineering. 1 Dale Caffey worked as an electrician at Tyler Pipe & Foundry Company while attending college and held a Masters Electrician License. His engineering career began as a plant engineer for Aluminum Company of America in Rockdale, Texas after graduating from Texas A & M University. In 1972, Dale Caffey joined the Dallas consulting firm of Alan H. Smith Consulting Engineers, Inc. and eventually elevated to the position of Senior. Vice-President and second majority stockholder. In 1982, he created the consulting firm of Caffey Engineering Company and operated in that capacity until teaming with a partner to form Caffey/Sayers Consulting Engineers, Inc. In 1991, he founded his present firm, Dale W. Caffey Consulting Engineers, Inc (DWCCE). } He has many years experience in the design of electrical distribution and controls for commercial, } industrial, and institutional buildings. More detailed experience includes electrical distribution, energy studies and evaluations, lighting design, industrial process systems, emergency power sys- } terns, and high voltage systems. ) Dale Caffey presently functions as the CEO of DWCCE with involvement in engineering design, design production, and facility evaluations. EDUCATION: Texas A & M University B.S. Electrical Engineering Graduated 1969 j PROFESSIONAL ENGINEERING REGISTRATION (NCEES) : Arizona Florida Louisiana North Carolina Texas Arkansas Illinois Massachusetts Oklahoma Utah California Iowa Michigan Oregon Virginia Colorado Kansas Missouri Pennsylvania Washington } Kentucky New Mexico Tennessee Wisconsin PROFESSIONAL AFF ELIATIONS: TSPE (Texas Society of Professional Engineers) NSPE (National Society of Professional Engineers) j American Consulting Engineers Council Consulting Engineers Council of Texas NCEE (National Counsel Engineering Examiners) Dale W. Caffey Consulting Engineers, Inc. Personnel l REPRESENTATIVE MUNICIPAL PROJECTS 1 f Denton Main Fire Station Denton, Texas Construction Completed: 2002 Architect: Kirkpatrick Architectural, Studio - Denton, Texas } Fire Station Nos. 3, 5, and 7 Wichita Falls, Texas Construction Completed: 2001 Architect: Staley Architects - Wichita Falls, Texas Fire Station No. 1 Grand Prairie, Texas Construction Completed: 2000 Architect: McCaslin Cowden Architects ) Allen Senior Citizens Recreational Facility Allen, Texas Construction in Progress Architect: Pro$Forma Architects - Dallas, Texas } Allen Library and Civic Auditorium Allen, Texas Construction Completed: 2004 Architect: Pro$Forma Architects - Dallas, Texas } Thurgood Marshall Recreation Center Renovation } Dallas, Texas Construction Completed: 2003 Architect: Johnson McKibben Architects - Dallas, Texas } } Arlington Police Training Center } Arlington, Texas } Construction Completed: 2004 Architect: ARB Architects - Dallas, Texas } Greenville Recreation Center a Greenville, Texas Construction Completed: 2003 Architect: Cummings & Associates Architects - Greenville, Texas i Dale W. Caffey Consulting Engineers, Inc. Related Project Experience } } } } } } Spinnaker Technology Group Information Technology Consultant } i ) } ) ) ) } 3 } ) } ) } } } At Spinnaker Technology Group, we are your computer 9 innaker networking and infrastructure experts. We understand that S pTeTechnotofy Group, LLC your computer network is the foundation on which you run your business. That's why we build reliable, rock-solid, high-performance computer networks that meet your needs } today, while allowing you growth for the fixture. } } Our services and solutions include: Network Design & Implementation } Spinnaker Technology Group's team of experienced and know]- edgeable professionals can you help design and implement your j computer network. We tap into our years of practical experience i to put together a network design that meets your requirements, and then we implement your computer network according to a project } plan based on industry best practices. l Network Maintenance & Support After your network is up and running, you want to keep it that way. } Spinnaker Technology Group has a wide variety of maintenance and support programs that keep your network running smoothly. Product Procurement 1 Buying technology solutions is still tough to do, even in today's world of on-line and mail-order stores. They have low prices, but } do they really know your needs? Spinnaker technology Group can help you procure all of your technology products in a manner that l meets your goals and objectives. } Office Information: y Firm Name: Spinnaker Technology Group } Type of Firm: Limited Partnership Year Founded: 2001 } Address: 11436 South Hunter Hill Lane Argyle, TX 76226 } Telephone: (940) 365-8171 Fax: (940) 464-0366 } Email: brute@spinnakertg.corn Person to Contact: Bruce Mitchell Website: www.spinnakertg.com } } _j • BRUCE M. MITCHELL, LEAD CONSULTANT 1 OWNER S innaker P,.chnolofy Group, LLC QUALIFICATIONS ? • Planning, Organizing, Directing Activities and Projects. 1 • Establishing Standards, Setting Priorities and Meeting Deadlines. • Handling a Variety of Tasks and Responsibilities Simultaneously and Efficiently. } WORK EXPERIENCE SPINNAKER TECHNOLOGY GROUP, LP Argyle, TX July 2001 - Present • Built a Tecnology Consulting Firm j • Provide ongoing design, implementation and support to over 30 clients • Manage day-to-day operations and long-term strategic direction for many on our clients NTCS, Inc. Denton, Texas May 1992 - July 2001 President ! • Oversee sales, account;n8, customer service, and strategic direction of company • Perform sales functions primarily focused toward independent banks ) Work Experience prior to May 1992 was in Financial Analysis and Network Data Analysis ) j EDUCATION TEXAS WOMAN'S UNIVERSITY Spring 1992 - Fall 1999 Completed a Masters in Business Administration. ) UNIVERSITY OF NORTH TEXAS Spring 1990 _ Fall 1991 Completed undergraduate business course work in preparation for an MBA program UNIVERSITY OF OKLAHOMA j May 1986 BA in Journalism Concentration in Business & Communications 1 AMERICAN COLLEGE OF HEALTH CARE EXECUTIVES STUDENT ASSOCIATE MEMBER January 1992 - Present ) ~PTe k-er Client: - DENTON INDEPENDENT SCHOOL DISTRICT c hnololy Group, LLC Project Budget: $2,000,000 Project Overview: Designed and managed the implementation of wide area network to service the Denton Independent School District's 14,000- users. Involved in aspects of this project frorn design to implementation, from presenting ideas and plans to the School Board to coordinat- ing laying of Fiber Optic cable by the City of Denton, from design- ing data centers to working hand in hand with general Contractors. From a technical standpoint, the network was based on a fiber optic backbone that was coordinated and installed by the City of Denton. The backbone was designed using multiple redundant rings to ensure that the network would remain up in the case of multiple failures in the integrity of the backbone. The electronics were based on a Cisco switched platform. The server equipment is all based centrally in a Data Center. Since the initial design and implementation the District has been able to build on their invest- meat by adding full motion video and all internal telephony ser- vices to the network. Estimating Methodology } Computerized Estimating Services (CES) will meet with Arhitect and their design team to review the scope of work for each discipline at each of the three major design stages } including Schematic Design, Design Development and 95% Construction Documents. } CES will visit the proposed site after the initial design meeting and before beginning the } Schematic Design Estimate (taking digital pictures). During this site visit CES will make } notes of any special needs such as power, utilities, grading, storm drainage, traffic flow and signs of any existing above and below the grade structures that may need to be removed. These conditions will be researched with the design team and reflected in the estimate. } The estimates will be in the CSI format at each of the three different design stages of the project using Microsoft's Excel spreadsheet. The estimates include the summary sheet, exclusions and clarifications, three-page itemized list of general conditions and the > associated pricing sheets. These estimates will be emailed as a draft copy to the Arhitect for review. Any mutually-agreed changes to the estimate will be made as the final estimate for each design stage and re-emailed to the Architect's office for distribution. } During the course of the estimating procedures, any questions of the scope of work will be emailed to the Architect's office as the single source of responsibLity. The responses } to the questions from the design team will be incorporated into the estimate. The pricing used in the estimate will reflect the local and current market conditions. The ? pricing will not carry any hidden contingencies. The estimate will have a separate exposed line for design contingency on the summary sheet. The amount of the design contingency will reduce as the project progresses to completion. The summary sheets after the initial Schematic Design Estimate will have two additional separate columns entitled Previous Estimate and the second column entitled Difference so the changes in the estimate can be tracked. CES will work together as a part of the design team to bring the project to a successful completion. } 1 1 1 } } l j j , RESUME r Gregory D. Blanchard 2823 VZ CR 1222 > Grand Saline, Texas 75140 903-962-5643 Email: cescostest@msn.com Education 1967-1970 Bachelor of Science in Construction Technology Associated Degree in Architecture 3 Purdue University Dean Distinctive List Work E erience 1986 - Present Computerized Estimating Services (CES) Grand Saline, Texas } Owner - Vice President Business developer, manager, estimating, scheduler for private and public commercial ground-up and renovation projects from the schematic to the construction documents throughout the United States working directly with the architects and owners. 1984-1986 George A. Faller Construction of Texas Dallas, Texas Chief Estimator Hard bidding and negotiating commercial private 3 and public projects ranging from $3.0 to $30.0 million dollars in the Dallas/Fort Worth Texas. 3 1982-1984 Kitchell Construction of Texas j Dallas, Texas Chief Estimator i Hard bidding and negotiated commercial private projects primarily hospitals ranging from $2.0 to $20.0 million dollars in the Texas. Resume - Gregory D. Blanchard 1979 - 1982 Bovis Lend Lease (formerly US Lend Lease) Dallas, Texas Chief Estimator - Project Manager } Estimating and managing design built and E negotiating commercial private and development projects ranging from $2.0 to $15.0 million dollars throughout the United States. 1977-1979 CM (Construction Management) affiliated with 1 CRSS Architectural Firm Houston, Texas Chief Structural Civil Estimator l Estimating private, public, military and government projects throughout the world from the schematic to the construction documents ranging from $10.0 million to $33.3 billion dollars. 1 1975-1977 Manhattan Construction Company Houston, Texas j Senior Estimate Estimating hard bidding public and private j commercial projects ranging from $10.0 to $25.0 million dollars throughout Texas. 1973 -1975 Blount Brothers Construction Company Houston, Texas Estimator Estimating hard bidding public and private y commercial projects ranging from $10.0 to $25.0 million dollars throughout Texas. 1970-1973 Beloit Component Inc. > South Beloit, Illinois Estimator - Draftsman - Engineer Estimating, draftsman and engineer for prefabricated modular residential and commercial } wood framing and wood truss projects in Wisconsin, Illinois and Indiana. 1 f Sample Estimate Enclosed Area Bidg Area , of 25 F.rsr F'n:r 31 C5Z aBcCnc 97 C st I Aitefnate Not -19 336 if ? Kirkpatrick Architecture Studio CES - Computerized Estimating Services "zV MA Icer-i 2523 V'_ CR 1 Gerilml Texas 7-,K--7 Gr2rd S2i,re, texas 75'40 947-?37.811 B« SC3-9E_-5643 _a.Tes S rrwa:r _k Gre 3iarci;arC No. Design Development Total sisf % of Site Budding Previous O11'terence Estimate Cost I Total Cost Coss Estimate 1 Cer enI aremnns 15 m^rtns 45 au6 J o7 3 45% 7u JG4 383 6d 4='.Soc 402 2 Ar vie 3uncrn^ a'rmrt Fee 45 845 04' 0 35% 7 SCO 38 345 45.845 13 3 .-n ac: Les 3C 0 MC 3 a5 2 .1096 3 O CCO none 304, uL' j 4 'est!r^ & 'nscect:x - Adr,.wa.^.ee 35 -,CC 0 38 n "'b I r-CO M CM 35 300 O 5 52teae:2 Site Ce ;.Cli^ !8C ^ 0 a?% 1 ?80 3 Vass Excavation 240 430 ; 4r" 1 64°' 240.430 0 229.5 3 10.335 7 Soil J1anjiIzaz= X55 182 0 57 0411% 6 182 0 5-;.844 1.338 8 Temate Ccnirc! 10 942 Oil 0 0% 10 942 10. ? I a 224 9 Site t horses 155 O35 1 64 1 21-41'59 035 0 153-185 5,350 10 Starrk Cram a 104 934 1 ^u8 0 30:5 143 534 0 56,830 46.104 - 11 Landscaping irr atiCn 16 1,9C4 ! $i 1 24% 61, 504 0 112, 567 4S337 - 12 FerCin 7.150 O 07 0 05% 7.150 0 6 440 910 13 %vement Marktr, - 5 739 006 004% 1739 0 5.576 ?63 14 I%teCcncrete 901317 926 691% 901,617 0 877,320 24.297 15 Buttctr Concrete 1.028.990 1059, 78s% 1.028.390 577,632 451.358 16 Masonry 88'. 299 9 1 / 6 63% 3-456 887.843 926 569 64,730 17 StluctiralStew 713 735 5.C% 92027 521-384 1,140776 .426.367 i8 Mxscemreous Steel 70,987 013 054% 7 615 63,172 70.987 0 19 Rnu n Carver: 135.015 139 1 03% 135.015 137 372 -2"357 24 Ni;ilwcr< 57 975 5 2i 3 88% 505 975 332" 755 173 210 21 140n. Do & girt Sealants 16144 017 012% 10,201 5944 16.408 -264 22 Prefirrsned Rnot & Sheetnetals 4, 9.552 4 93 3 6a% 475,552 487.178 -7.626 23 fins , & SheeLrr ais 46 685 0 46 13 WA -45689 57 565 4.870 24 Roo; -latch 3.125 G 03 0 321A 3 125 3 125 0 1 25 Metat Cocrs & =raves - Mai:s Foe 55- 56 059 0.74% 95 950 $2.413 13.345 1 2ti Mod Ccors - Matis FOB 20.295 0211 016% 20.295 24.480 4.165 27 Finish Hardware - Mat'IS rCO 47, 345 049 0.36% 47 345 39.325 6.720 28 Drs. crrns & Hardware - Lam 38.5E5 0 40 030% 36, 969 36 393 2 576 29 Svec;alCoors 3'.50 403 0.02°.4 3150 2.275 875 30 Glass 8 Glazs. 240.060 2 47 1.64',5 24C OW 240.060 0 31 OrWmq & Acoustical 442.487 4"55 Tw% 442.4$7 497.463 -54 456 32 Tile Works 1?2.755 1.7a 1.321% 172.755 145 472 27,253 33 Quarrv Tile 43.900 0.45 034% 43 9W 23.366 2G.54D 34 Carpet&Resilient 507.762 523 3a9% 507.762 169.540 336162 35 Mood F3ac 49.:711 1150 0.38% 49.017 45.220 3,751 36 Paine & VVait & 0nverrr, s 233 51? 2 40 179% 895 2T2-77"-)- 156.187 77.450 37 Chalk 3 7ackboari3s 65.344 0 67 050% 65,344 43.968 21.376 38 'ollet Partrnarts & Accessories 66:361 068 a 51% 66.351 62.168 4.193 39 Louvers & Vents 3,072 003 002% 3. 072 3.072 0 40 Fla ooles 3.750 C.04 0.03% 377,50 0 3.750 0 41 identification Oewces 11,485 0 12 0.09% 11.485 9,700 1.765 42 Burktin Plaque 1,54G 002 001% 1.500 1.600 0 43 Lockers 740 C01 001% 740 740 0 44 Fire Em csners a CaD ets 2 220 0 02 002% 2.220 2-275 -55 45 Sta e E uaunent 1,800 402 001-A i 800 15.850 -74,050 46 Auden & Vi4eo Equipment 4.200 C (A U-03% 4 200 3.475 775 j 47 Food Service Equipment MOM 268 199% 260.000 260,000 0 48 Athtet:c Equipment 4.610 005 004% 4.610 12,110 -7.500 _ 49 Window Treatmeri 14.756 0 15 011% 14.755 15956 .1 ~O0 50 Mutt1 €e Sean 20,000 0.21 0,15% 20.000 20.000 0 51 Plumbr 341.555 351 2-82% 341.555 356,430 -14,873 S2 Fire Protection 120.645 1 24 0 92% 120.545 117 732 2.913 53 HVAC 1 -0030W 10 32 199% 1.303,000 934,000 -69,M0 54 EtECtr:Gal 934.785 962 .17% 113.:30 62'1.355 850.184 64.a,I SS Fire Alain 111,375 1 15 085% 111 375 115,OGD -3.625 56 7ecnn System 215 GDO 2 21 165% 215-000 215.000 0 Sutrtotail - 11.456.115 11789 87 82% 2.261 244 9 194,871 51 10.2102 1,245.6M 5% Cesg < Corr; r-gercy - 572.906 5 89 439% 113 062 459.744 867,,894 -258,068 - j General Lability Insurance - 66 159 0 68 051% 13,059 53-109 40.531 5.226 Bt.i!cees Risk Insurance - 24.190 0 25 019% 4.775 19.41522 279 1 912 5 5% Overhead & =ee - 666 560 S 66 5 11 131.568 534 992 613, 889 52.671 SutAotat - 12-M8 30 131 58 9801% 2 523 707 10,'_62.123 11.775 5C4 i.0!tl.326 General Contractor's t3ar.@ - 259 552 2 67 7 9996 51.231 208.321 239 043 20.505 } -rJesrgn Cevelopment Estrnate - 513-045 383 8134 :5 130 005A 2.574.939 10,470.444 12.014.547 1.030,836 S2650 $107 75 1st Ceducl Ailerrate - Nc. 1 - -1 803.792 Oeiete C:assrocm E Wing Tctal .ncludirg the Aitemates - 511,241.591 1 1 Enclosed Building Area Page 3 of 26 First Floor 81,052 Second Floor 16.122 Duration - 15 Months 65 Weeks 97,174 sf Description Qty Unit Labor MaYI Sub Labor maYl Sub Total Unit Una Unit Price Price Price Price 1 Reid Administration } Project W r,-ger - 113 time 22 wks 1,300 D 0 28,167 0 0 28.167 General Superintendent 65 Wks 1,100 0 0 71.500 0 0 71,500 j Assistant Susperintendent Wks 0 D 0 0 0 D 0 Project , Engineer 65 wks 1.000 0 0 65,D00 0 0 65,000 Timekeeper 4vks 0 0 0 0 0 0 0 Field Clerk wks 0 0 0 0 0 0 0 1 Secretary wks 0 0 0 0 0 0 0 tea Full Time Labors 130 h*s 425 0 0 55,250 0 0 55,250 Field En ineeri Field Engineer 26 wks 1,0(10 0 0 26.000 0 a 26,000 Party Chief Wks 0 0 0 0 0 0 0 Chamman 26 Wks 800 0 0 20,600 0 0 20,800 Rodman 26 wks 400 0 0 10,400 0 0 10,400 } Layout Et, Batterboards i is 200 ISO 0 200 150 0 350 Padition Layout is 0 0 0 0 0 0 0 Initial Survey 1 Is 0 0 3,000 0 0 3.1300 3,000 Closing Survey 1 Is 0 0 3,000 0 0 3,000 3,000 } Subsistence Personnel Fee #s 0 0 0 0 0 0 p Moving Cost Is 0 0 0 0 0 0 0 Room & Board Wks 0 0 0 0 0 0 0 Job Staff Travel 65 trips 0 15.00 0 ❑ 1,04❑ 0 1,040 Main Cffsce Travel 33 trips 0 16.00 0 0 520 0 520 Temporary Structures i Field Trailer 15 mo 0 425 0 0 6,375 0 6,375 Arc)VOwner Trailer rno 0 0 0 0 0 0 0 Move in & out expense 1 Is 300 200 0 300 200 0 500 Temporary Toflets (4ea) 15 me 0 320 0 0 4,800 - 0 4,800 Storage Shed 15 mo 0 100 0 0 1,5A0 0 1,500 Tookoom Sired mo 0 0 0 Saw Shed nw 0 0 0 0 0 0 0 0 0 Construction Fence 1.ODO if A 1.85 0 0 1,850 0 1,850 } G.C. Job S,gn ea 0 0 0 0 0 0 0 Project Sign 1 ea 200 300 0 200 300 0 500. 3 Temporary Walkst Steps 1 Is 125 125 0 125 125 0 250 Covered Walks If 0 0 0 0 0 a 0 Ladders ea 0 0 0 0 0 0 0 Barricades 1 Is 3D0 250 0 300 250 0 550 Temporary Roof is 0 0 0 0 0 0 0 Temporary partitions if 0 0 0 0 0 0 0 j Bust Protection Is 0 0 0 D 0 0 D Temporary Roadw-Parki Temporary Roads sf 0 0 0 0 0 0 0 Road & Sidawatbcs Repairs Is 0 D 0 a o a 13 Employee Parking sf 0 0 0 0 0 0 0 Lot Rental Is 0 q 0 0 0 0 0 Sidewalks Rental is 0 0 0 0 ❑ 0 0 Street Rental is 0 0 0 0 0 p 0 Safe Safety Supervisor Is 0 ❑ 0 0 0 0 0 Watchman wks 0 0 0 0 0 0 0 Security Service wks 0 0 0 0 0 0 0 j Flagman Wks 0 0 0 0 0 0 0 Police wks 0 0 D 0 0 0 } First Aid Equipment 1 is 4 300 0 0 300 a 300 Fire Safety Equipment 1 Is 0 475 0 0 475 0 475 - Protect Floor Openings If 0 0 0 0 0 0 0 Perimeter Protection if 0 0 0 0 D D 0 } l Page 4 of 26 De=nptton LEty Unit Labor Marl Sub Laoor MaC1 Sub Total Unit Emit Unit Price Price Price Price J Temporary Electrical l Electrical servtce Is 0 0 0 0 0 0 0 Construction Power 15 mo 0 750 0 0 2,250 0 2,250 Drop Chnrds If 0 0 0 0 0 0 0 Start-up Power 0 0 0 0 0 0 0 } Filters is 0 0 0 0 0 0 0 Generators ea 0 0 0 0 0 0 0 Temporary Water City Connection Is 0 0 0 0 0 0 0 S Construction Water 15 mo 0 100 0 0 1.500 0 1,500 - Water Hoses If 0 0 0 0 0 0 0 S Water Meter ea 0 0 0 0 0 0 0 Temporary Gas City Connection Is 0 0 0 0 0 0 0 } Heatirrg Building 2 rr o 0 100 0 0 200 0 200 Space Heaters 1 ea 0 625 0 0 625 0 625 } Operator Wks 0 0 0 0 0 0 0 . I Temporary Services Janitor Servico wit 0 0 0 0 0 0 0 } CPIM Scheduling ea 0 0 0 0 0 0 0 DocumentaCion Photos Is 0 0 0 0 .0 0 0 Progress Photos 15 rrw 0 80 0 0 1,200 0 1,200 Ice & Cups Wks 0 0 0 0 0 0 0 } Ice Machine is 0 0 0 0 0 0 0 Water Boy wks 0 0 0 0 0 0 0 Weattrer Protection Winter Protection Is 0 0 0 0 0 0 0 r Pumps ea 0 0 0 0 0 0 0 Operator wks 0 0 0 0 0 0 0 Communications Telephone Lines {3ea) 15 mo 0 200 0 0 3,000 0 3,000 Install Telephone Lines 1 Is 0 300 0 0 340 0 300 Hand Radios 3 ea 0 100 0 0 300 0 300 F"Paper mo 0 0 0 0 0 0 0 FreightfTeiergrams is 0 0 0 0 0 0 0 Corporate Computer Is 0 0 0 0 0 0 0 } Office Furniture & Su ies j Office Furniture per Trailer 1 ea 0 2,000 0 0 2,000 0 2.000 Office machine 1 ea 0 1,500 0 0 1,500 0 9,500 Copy Machine & Paper 15 mo 0 100 0 0 1,540 0 1,500 Office Supplies 15 ma 0 75 0 0 1,125 0 3,125 Postal & Meter is 0 0 0 0 0 0 0 Petty Cash Is 0 0 0 0 0 0 0 Blue Printing & Extra Plans 1 1s 0 2,500 0 0 2,500 0 2,500 } General Clean-Up Daily Clearing vacs 4 0 0 0 0 0 4 } Trash Chute IF 0 0 0 0 0 0 0 Dumpster 15 me 0 150 0 0 2,250 0 2,250 j Trash Truk & Driver Wits 0 0 0 0 0 0 0 Dump Permits 33 load 0 25 0 0 813 0 a13 Trash Maui Service 33 load 0 300 0 0 9,750 0 9,750 Final Clean-U i Building Area 97,174 sf 4.15 0 0 14,576 0 0 14,576 Garage Area sf 0 0 0 0 0 0 0 Toilet Roams 25 ea as 0 0 2,125 0 0 2.125 Erlerior Glass 3,500 sf 0 0 0 700 0 0 700 1 Interior Glass sf 0 0 0 0 0 0 0 Mirrors sf 0 0 0 0 0 0 0 } Site Area 4 wks 300 0 0 1,200 0 0 1,200 Janitor service 1s 0 0 0 0 0 0 p } } 3 } J pages of 26 Description Qty U" Labor Matt Sub Labor Marl Sub Total Unit Unit Unit Pnce Price Price Price } Testing & inspection Soil is 0 0 0 0 O 0 0 Asphalt is 0 0 0 0 0 0 0 Concrete Design Mix t is 0 500 0 0 500 0 500 i Concreta is 0 0 0 0 0 0 0 Structural Steel is 0 0 0 0 0 0 0 General Equipment J Pick-up Trask 15 mo 0 300 0 0 4,500 0 4,500 Auto 6 mo 0 475 0 0 2,850 0 2,550 Fiat Hest Truck rno 0 0 0 0 0 0 0 Fork Lift,' Cherry Picker mo 0 0 0 0 0 0 0 } Dozer mo 0 0 0 0 0 O 0 Grade all mo 0 0 0 O 0 0 0 J Dump Track mo 0 0 0 0 0 0 0 Front End Loader rrto 0 0 0 0 0 0 0 6achoe mo 0 0 0 0 0 O 0 Bob-Cat rno 0 0 0 0 0 0 0 J Cortrparfor mo 0 0 0 0 0 0 0 Table Saw ea 0 0 0 0 0 0 0 J Radiat Saw ea 0 0 0 0 0 O 0 Stoll saw ea 0 0 0 0 0 0 0 Electric Drill ea 0 0 0 0 0 0 0 Miltvvork Equipment is 0 0 0 0 0 0 0 vibrator ea 0 0 0 0 0 0 0 Concrete Bucket ea 0 0 0 0 0 0 0 J Canarete Saw ea 0 0 0 0 0 0 0 Wheel Harrow ea 0 0 0 0 0 0 0 Level - rent to the Jab 15 ma 0 80 0 0 1,200 0 1,200 Transit - rent to the Jots 15 mo 0 80 0 0 9,200 0 1.200 ti Air Compressor e8 0 0 0 0 0 0 0 ' Welding Machine & Access, mo 0 0 0 0 0 0 0 1 Cutting Torch mo 0 0 0 0 0 0 0 Finishing Machine ea 0 0 0 0 0 0 0 Scatt kiing Is 0 a 0 0 0 0 0 ARiso. Small Toots 15 mo 0 75 0 0 1.125 0 3,125 J Minor Repairs 1 is 0 500 0 0 500 0 500 Gas & Oil 15 mo 0 100 0 0 1.500 0 1,500 J 296,843 62,073 6.000 364,915 30% Fringe Benefits - 89,053 89,053 6.25% Sales Tax - exempted exempted 1 385,696 18,3$5 0 453,968 1 Say 453,968 ' 30.265 per mo J F I I j - Page 6 of 26 1 General Conditions - 35 months Kern of Work Ctfy Unh Unit Cost Cost Genemi Conditions {Refer to hreakdown) 1 is 453,968 453,968 453,968 } 2 Argyle Building Permit Fee Item of Work City Un'st Unit ~t]St r05t C Builds Permit - A€lowance 4 Is 45,845.00 45,845 45,845 } 3 tm ct Fees No. Item of Work QV Unit Unit Cast Cast I i Im ct Fees - Allowance 7 Is 300,000 3CSD,000 300,000 } 4 Tests & Wspection - Alkmance No. tram of Work Qty Unit Unk Cost Cost Testln Bins on-Allowance 1 is 33,000.00 35,000 } 35,000 5 Selective Site Demolition No. Item of Work Qly Unit Unit Coat Cost Saw = concrets curbs 2 as 30.00 60 Saw cut concrete pavement 140 If 5.00 700 Remove aancrsfe curbs I An If 3.00 424 j' 1,980 } 6 !loss Excavation } No. Item of Wok aty Unit Unr1 Cost Cost Sittfance 2,970 if 3-85 5,495 t !ay bale curb inlet proteclkn 91 ea 100 fl0 1,100 Constacdon entrance 1,250 s€ 720 3,500 Cfear & grub site 757,988 sf 0.016 12,128 SVip & stockpie topsoil + 3G% smell 9,124 cy 225 20,529 Cut & fill ske + or - 9110It+ 30% sWA 43,715 cy 2.85 124,586 Cut tsar pavement+ or -1/1OR+ 30% swell 3,979 cy 3.25 12,930 Retaining pond excavation 8,320 cY 325 27,040 1Bin select fill sander bui€di f 30% swell 5. MA 6.00 35,923 i 240,430 i y } 1 i EXHIBIT "C" SCHEDULE OF CHARGES FOR JAMES R. KIRKPATRICK, INC. DBA KIRKPATRICK ARCHITECTURE STUDIO Principals $150 per hour Associates $110 per hour Technical Staff $ 75 per hour Clerical Staff $ 65 per hour SA0ur DocumentslConbwtsW55kukpabxk exhibit c.doc o ~ ~ o 0 Exhibit D ~n c, ,"o Master Planning Schedule ~Q ryd . ~1 Data Collection Program Narrative Review council Tentativ Schematic • Preliminary Cou ctl Ten five December Review Schematic • Final council Date TBD ~q~1o ~ ~h~ ti~~ a~~ h~~ Estimate of Anticipated Monthly Draws AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2005 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM: Kathy DuBose SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of video cameras and controllers for the City of Denton Traffic Control Department; available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3357-Purchase of Video Cameras/Controllers for Traffic Signals to Paradigm Traffic Systems, Inc. in the amount of $131,952.80). BID INFORMATION This bid is for the purchase of video cameras and controllers for the City of Denton Traffic Control Department to match existing cameras and controllers utilized to balance traffic now through high volume intersections. These units will be installed along University Drive at Elm Street, Locust Street, Bell Street, Ruddell Street, Nottingham Street, Old North Road and Loop 288. Traffic Control currently uses only Econolite Solo Pro video cameras and Econolite controllers because of system compatibility. Other controller and video manufactured products are not able to link up and communicate with our master controller system and software packages. Paradigm Traffic System, Inc. is the exclusive distributor of Econolite Control Products in the State of Texas; therefore, this is a sole source acquisition. RECOMMENDATION Award this item to Paradigm Traffic Systems, Inc. in the amount of $131,952.80. PRINCIPAL PLACE OF BUSINESS Paradigm Traffic Systems, Inc. Fort Worth, Texas ESTIMATED SCHEDULE OF PROJECT This item can be delivered and installed within 30-45 days of receipt of an order. Agenda Information Sheet July 19, 2005 Page 2 FISCAL INFORMATION This item will be funded from grant accounts and reimbursed by TXDOT. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quotation from Paradigm Traffic Systems, Inc. Attachment 2: Sole Source Letter 1-AIS-File 3357 ATTACHMENT1 (617) 831-940Sph PARADIGM P.O. Box 14509 (817) 831-9407 U Ft Worth, TX 76117 TRAFFIC SYSTEMS, INC. REVISED OWTATEDN 612105 TO- City of Denton RFQ: Pricing for 380 Widening Project 801 Texas Street Dentom, TX 76209 ann: Scott Wilson Pic 940-349-8491 imc 940-349-7307 DATE SLSMN DELWERY FRBQHT SHIP VIA F.U.B. TERMS QUOTE snrAus JW 30-.45 Days ARO PPD & Allowed Seat Way DestMatlon Not 30 06340W-REV 1 REIN OTY DESCRIPTION PRICE TOTAL 1 7 Econoiite ASC12S2100 Controller w/ RS232 $2,100.00 $14,700.00 2 1 Econolx8 ASCl2M1000 Master Controller w/ RS232 $2,282.80 $2,282.80 3 2 3-Camera Solo Pro Video Detection Systems elo: $12,750.00 $25,800.00 3 39a SDIo Pro lUWP Camera 3 3ea 60' Sala Pro MVP Cable 3 Sea Camera Bracket, Pelco (AS-0166-4-62) 1 1 eS Mini-Hub Il Cable Sets 1 lea Corn. Interface Panel (ACIP-4) 1 lea ACIP Power Panel 1 lea Mini-Hub II 1 lea Installation Assistance 1 690ft of Comm Cable 4 4 4-Camers Sob Pro Video Detection Systems clo: $16,500.00. $66,000.00 4 4ea Solo Pro MVP Camara 4 4ea 60' Solo Pro MVP Cable 4 4ea Camera Bracket, Peico (AS-0166-X4-62) 1 lea Mini-Hub II Cable wets 1 lea Corn. Interface Panel(ACIP-4) 1 lea ACIP Power Panel 1 lea Mini-Hub 11 1 1 on Installation Assistance 1 920 ft of Comm Cable 6 1 6-Camera Solo Pro Video Detactlon Systems Tao: $23,470.00 $23,470.00 6 Sea Solo Pro MVP Camera 6 68a 60' Solo Pro MVP Cable S Goa Camera Bracket, Pelcv (AS-0166-4-62) 1 lea Mini-Hub II Cable Sets 1 lea Mini-Hub VF Cable 2 tea Com. Interface Panel (ACIP4SD) Stacked 1 lea ACIP Power Panel 1 1 ea Mini-Hub 11 1 lea Installation Assistance -10 TAI_ z.8 Thank you for the opportunity to submit a proposal to you on this equipment. Please refeti ence this quotation (by QTE OF ED B umber) when platg order. If you have any questions please call or send a fax to me. This yufltc is valid for 60 days. TliareafteT it is subject to .le t A %inook changi"W1 t~notice. igm T o Systems, lnc. Federal ID## 75-2520341 ATTACHMENT 2 Mz 1l a t ~~LS PARADIGM TRAFFIC SYSTEMS. P.O. Box 14509 Ft. Worth, TX 76117 Tel: 817-831-9406 Fax: 817-831-9447: SOLE DISTRIBUTOR OF ECONOLITE CONTROL PRODUCTS Scott Wilson City of Denton 801 Texas Street Denton, TX 76209 Dear Scott: Paradigm Traffic Systems is the sole distributor for Econolite Control Products in the State of Texas. This includes Master Controllers, Local Controllers, and Video Detection Units. Sincerely, Michael N. Fiske President ORDINANCE NO. r AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF VIDEO CAMERAS AND CONTROLLERS FOR THE CITY OF DENTON TRAFFIC CONTROL DEPARTMENT; AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 3357-PURCHASE OF VIDEO CAMERAS/CONTROLLERS FOR TRAFFIC SIGNALS TO PARADIGM TRAFFIC SYSTEMS, INC. IN THE AMOUNT OF $131,952.80). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 3357 Paradigm Traffic Systems, Inc. $131,952.80 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. S , INTE CITY ATTORNEY BY: 3-ORD-File 3357 U AGENDA INFORMATION SHEET AGENDA DATE: July 19, 2005 DEPARTMENT: Legal Department CM/DCMIACM: Herbert L. Prouty, Consulting Assistant City Attorney SUBJECT: Consider and adopt an ordinance appointing Edwin M. Snyder as City Attorney and approving an employment agreement and authorizing the Mayor to execute this Employment Agreement employing Edwin M. Snyder as City Attorney of the City of Denton, Texas setting the compensation and terms of that employment; authorizing expenditures and actions; and providing an effective date. BACKGROUND: Upon the announcement of the retirement of the former City Attorney, Herbert L. Prouty, the City Council appointed Deputy City Attorney, Edwin M. Snyder, Interim City Attorney and began a search to fill the City Attorney's position. The Council Appointee Performance Review Committee was assigned the duty of initiating a search for a City Attorney. After reviewing the applications and interviewing the finalists, the Committee has unanimously recommended to the City Council the appointment of Edwin M. Snyder as City Attorney, in accordance with the terms and conditions of an employment contract negotiated by the Committee with Mr. Snyder. The Ordinance, which the Committee recommends the City Council pass, would appoint Edwin M. Snyder as City Attorney and authorize the Mayor, or in her absence the Mayor Pro Tern, to execute the Employment Agreement and appoint Edwin M. Snyder as City Attorney through January 1 of 2007. The terms and conditions of the Employment Agreement are very similar to the terms and conditions of the current agreements with both the City Manager and the Municipal Court Judge. The Employment Agreement employs Mr. Snyder at a base salary of $140,000 per year, with all City benefits, a car allowance of $550 per month, and a contribution of four percent of Mr. Snyder's base salary into the ICMA 457 deferred compensation plan. OPTIONS: 1. The City Council can approve the Ordinance employing Edwin M. Snyder as City Attorney and authorizing the Mayor to execute the attached Employment Agreement. 2. The City Council can choose not to authorize the Ordinance and continue to search for a City Attorney. RECOMMENDATION: The Committee recommends the City Council pass the Ordinance approving the appointment of Edwin M. Snyder as City Attorney, effective July 19, 2005 and authorizing the Mayor to execute the Employment Agreement. Mr. Snyder was the leading the candidate for the City Attorney position and has the advantage of having worked for the City as Deputy City Attorney for a period of over five years, has consistently received "exceeds performance" evaluations and was recognized by the Texas City Attorneys Association as the Assistant City Attorney of the Year when he was awarded the Galen Spark's Award in 2001. S:1Our Documents\Miseellaneous1051AIS-City Attomcy.doc FISCAL INFORMATION. Due to the significant reduction in staff in the Legal Department, there is enough money in this year's budget and in next year's anticipated budget to cover the cost of the Employment Agreement. The compensation is comparable to the compensation of other city attorneys for similar-sized cities with similar functions within the Dallas-Fort Worth metroplex. Respectfully submitted, rj Herb Prouty i Page 2 SAOur Documents\Miscellaneous\051AIS-City Attomey.doc S A0ur Documentsl07dinances105\snyder agreement.doe ORDINANCE NO. AN ORDINANCE APPOINTING EDWIN M. SNYDER AS CITY ATTORNEY AND APPROVING AN EMPLOYMENT AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THIS AGREEMENT EMPLOYING EDWIN M. SNYDER AS CITY ATTORNEY OF THE CITY OF DENTON, TEXAS SETTING THE COMPENSATION AND TERMS OF THAT EMPLOYMENT; AUTHORIZING EXPENDITURES AND ACTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council Appointee Performance Review Committee has recommended that the City Council appoint Edwin M. Snyder as City Attorney and that he be employed in accordance with the terms of the Employment Agreement which is attached to and made a part of this ordinance for all purposes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby appoints Edwin M. Snyder as City Attorney and approves the attached Employment Agreement employing Edwin M. Snyder as City Attorney and authorizes the Mayor, or in her absence the Mayor Pro Tem, to execute this Employment Agreement setting the terms of employment, compensation, and duties of the City Attorney. SECTION 2. The expenditures and all other actions set forth in the Agreement are hereby authorized and approved. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ORNEY BY: S:IOur DacumouslCOOUacLS19515nyder FmPlaymaft P.gesncnl.doc STATE OF TEXAS § COUNTY OF DENTON § Employment Agreement This Agreement, made and entered into this 19th day of July, 2005 by and between the City of Denton, Texas, a Texas municipal corporation, hereinafter called "Employer", and Edwin M. Snyder, hereinafter called "Employee", both of whom agree as follows: Witnesseth: Whereas, Employer desires to employ the services of said Edwin M. Snyder as City Attorney of the City of Denton, and Whereas, it is the desire of Employer to (1) secure and retain the services of Employee and to provide inducement for him to remain in such employment, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, and (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of the Employee; and Whereas, Employee desires to accept employment as City Attorney of said City of Denton, Texas; and Whereas, the parties acknowledge that Employee is a member of the State Bar of Texas (State Bar) and that Employee is subject to the Code of Professional Responsibility of the State Bar; Now, Therefore, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1. DUTIES Employer hereby engages the employment services of Edwin M. Snyder as City Attorney of said Employer to perform the functions and duties specified by the Denton City Charter, the City Code, the laws of the State of Texas, and all other applicable laws, and to perform other legally permissible and proper duties and functions as Employer shall from time to time assign. SECTION 2. TERM A. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate the services of Employee at any time, subject only to the provisions set forth in Section 4, paragraphs A and B of this agreement. B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with the Employer, subject only to the provision set forth in Section 4, paragraph C, of this agreement. 1 5:10nr bocumenrsV)w&w&69Snydv atpluymmt Agree muioc C. Employee shall assume the duties of City Attorney on Tuesday, July 19, 2005, and agrees to remain in the exclusive employ of Employer until January 1, 2007, and neither to accept other employment nor to become employed by any other employer until this agreement is terminated by either party as provided herein. The term "employed" shall not be construed to include occasional teaching, writing, or consulting performed on Employee's time off, so long as it is approved in accordance with Section 8 hereof. SECTION 3. SUSPENSION/REMOVAL Subject to the provisions of Section 4 below, Employer may suspend or remove the Employee with or without full pay and benefits at any time during the term of this Agreement, but only if- 1 . Employer and Employee agree, or 2. At least 30 days before the suspension or removal shall become effective, the City Council shall by a majority vote of its members adopt a preliminary resolution stating the reasons for his removal. Employee may reply in writing and may require a hearing at a public meeting of the Council, which shall be held not earlier than 20 days nor later than 30 days after the filing of such request. The hearing may be held in executive session, at the option of the Council, unless Employee requests the hearing be held in open session in accordance with Tex. Gov't Code §551.074. Pending such hearing, the Council may suspend Employee from duty, but may not suspend or reduce his salary. After such hearing or public hearing, if one be requested, and after full consideration, the Council by majority vote may adopt a final resolution of removal or suspension. SECTION 4. SEPARATION AND SEVERANCE PAY A. Employee serves at the will and pleasure of the City Council. In the event of his involuntary separation as City Attorney, he shall be entitled to receive a lump sum payment equal to six months aggregated salary; provided, however, that in the event of his termination because of his conviction for any offense involving moral turpitude or an illegal act involving personal gain to him, or as provided in Section 87.013 of the Local Government Code any act of incompetency, official misconduct, or intoxication on or off duty caused by drinking an alcoholic beverage; then, in those events, the City shall have no obligation to pay the aggregate severance sum designated herein B. Involuntary separation as used in this paragraph means: (1) his discharge or dismissal by the City Council; or (2) his resignation following a reduction in salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all City employees; or (3) in the event the City refuses, following a written notice, to comply with any other provision benefiting Employee herein; or (4) in the event Employer refuses, following written notice, to comply with any other provision benefiting Employee herein, or Employee resigns following an indication by a majority of a quorum of the Council that they desire him to resign. Then, in the event of one of the occurrences listed above, Employee may, at his option, be deemed "terminated" at the date of such reduction in pay or Employer's refusal to comply within the meaning of the context of the severance pay provision. 2 S:IOm Docomms wf[xKU3555nyder Empla}anem Agra entAm C. In the event Employee voluntarily resigns. his position with Employer before expiration of the aforesaid term of his employment, then Employee shall give Employer 30 days notice in advance, unless the parties otherwise agree. SECTION 5. SALARY A. Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $140,000, payable in installments at the same time as other employees of the Employer are paid. All provisions of the City Charter, City Code, and Rules and Regulations of the City adopted by the City Council relating to vacation and sick leave, retirement and pension system contribution, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall apply to Employee as they would to other employees of the City, which benefits include health insurance, long-term disability insurance, retirement under the Texas Municipal Retirement System, and other benefits as provided to other Council appointees of the city. B. In addition, Employer agrees to increase said base salary and/or other benefits of Employee in such amounts and to such extent as the Council may determine within the approved budget that it is desirable to do so on the basis of an annual performance review of said Employee made at the same time as similar consideration is given other Council appointees. SECTION 6. PERFORMANCE EVALUATION A. The Council shall review and evaluate the performance of the Employee at least once annually during the time set aside each year for the performance review of other Council appointees. Said review and evaluation shall be in accordance with specific criteria developed jointly by Employee and Employer. Said criteria may be added to or deleted from as the Council and Employee shall agree. B. Annually, the Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City of Denton Legal Department, and in the attainment of the Council's policy objectives and shall further establish a relative priority among those various goals and objectives. C. In effecting the provision of this Section, the Council and the Employee mutually agree to abide by the provisions of applicable law. SECTION 7. HOURS OF WORK It is recognized by both Employer and Employee that the duties of City Attorney require a great deal of time outside of normal office hours. It is also recognized by the parties that Employee is required to devote the amount of time and energy necessary to carry out those duties with the highest amount of professionalism possible. That being the case, the parties recognize that Employee may choose to take personal time off during business hours when it is appropriate and when his duties allow. Although this personal time off is not considered vacation, neither is it to 3 S:4Dar Do mentslComrae&M1 SnydeE r*Ymm ASreaaent W be considered as compensatory time for time spent by Employee in carrying out his duties outside of normal office hours, as the parties agree that the Employee must devote the amount of time necessary to fulfill those duties. The Council will consider the Employee's use of personal time off during the performance evaluation. SECTION 8. OUTSIDE ACTIVITIES Employee is entitled to devote whatever amount of time he feels is appropriate under the circumstances to the pursuit of teaching, counseling, consulting, writing or other non-employer connected business outside of normal business hours of the Employer, provided that this does not conflict or interfere with his duties as City Attorney, and provided that Employee first notifies the Council Appointee Performance Review Committee that he intends to engage in such activity, including the amount of time he intends to devote to this activity and his engagement in the activity is approved by the Chair of the Committee. SECTION 9. AUTOMOBILE The Employee is required to be on call for 24 hour service, so therefore, must have access to a vehicle for City business. Employer shall grant to the Employee a car allowance of $550 per month for providing such vehicle. The Employee shall be responsible for the purchase, maintenance, insurance, taxes, etc. for said vehicle. The monthly allowance will be considered for increase during the performance evaluation process. The Employer also agrees to reimburse Employee for mileage for out-of-county travel associated with City business at the current IRS rate for mileage reimbursement in accordance with the then current City Travel Reimbursement Policy for City employees with car allowances. SECTION 10. RETIREMENT A. Employer agrees to execute all necessary agreements provided by the International City/County Management Association - Retirement Corporation (ICMA-RC) for Employee's participation in said ICMA-RC retirement plans. Employer further agrees to contribute 4% of Employee's annual base salary to ICMA-RC's 457 plan. All sums contributed to said plans shall be in addition to Employee's base salary. Employer also agrees to allow Employee to contribute whatever portion of his base salary he may deem appropriate to said plan, including "catch-up" provisions. B. Employer agrees to pay the percentage of the cost of Employee's participation in the TMRS retirement program, in accordance with Employer's current policy for other executive-level employees. C. If the Employee retires pursuant to a qualified retirement plan, or is permanently disabled during the term of this Agreement, the Employee shall be compensated for sick leave, vacation leave, holidays, and other benefits then accrued or credited to the Employee in accordance with Employer's current policies for compensation for these benefits, and, at the Employee's option, shall be permitted to continue to participate in the City's health insurance plan on the same basis as other retirees from the City are permitted to do so, or, if such other retirees are not permitted to do so, at the cost of the Employee. 4 S,rOur Nce tsW'tractgW%nydcr Pmploymwt Agre ent,dac SECTION 11. DUES, MEMBERSHIPS AND SUBSCRIPTIONS Employer agrees to budget and to pay for the professional dues, memberships and subscriptions of Employee necessary for his continuation of full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement as City Attorney, and for the good of the Employer in amounts that are approved by the City Council in the annual budget for the City's Legal Department. SECTION 12. PROFESSIONAL DEVELOPMENT Employer hereby agrees to budget for and to pay the full travel, participation, and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee, and to adequately pursue necessary official and other functions for Employer, including but not limited to the Annual Conference of the International Municipal Lawyers Association, the Texas City Attorneys Association, and other such national, regional, state and local groups and committees thereof which Employee serves as a member in the amounts approved by the City Council in the annual budget for the City's Legal Department. SECTION 13. BONDING Employer shall bear the full cost of any fidelity or other bonds that may be required of the Employee under any law or ordinance. SECTION 14. OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. The City Council, upon recommendation of the Council Appointee Performance Review Committee and in consultation with the Employee, shall fix any such other terms and conditions of employment as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the City Charter or any other law, and are memorialized by a written amendment to this Agreement. B. All provisions of the City Charter and Code, and regulations and roles of the Employer relating to vacation and sick leave, retirement and pension system contributions, holiday, and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of the Employer in addition to said benefits enumerated specifically for the benefit of Employee. SECTION 15. GENERAL PROVISIONS A. The text herein shall constitute the entire agreement between the parties. B. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. 5 S:1Ouc Ek u= ntslConh-tAo5%nyde Fmploymad Apf cutAx C. If any provision, or any portion, thereof, contained in this agreement is held unconstitutional, invalid, or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed several, shall not be affected and shall remain in force and effect. D. The venue of any litigation involving this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. SECTION 16. APPROPRIATIONS The Employer has appropriated, set aside and encumbered, and does hereby appropriate, set aside, and encumber available and unappropriated funds of the City in an amount sufficient to fund and pay all financial obligations of the City pursuant to this Agreement, including, but not limited to the severance pay, salary and benefits set forth and described herein. IN WITNESS WHEREOF, the Mayor as duly authorized by the City Council and on behalf of the City of Denton, has signed and executed this agreement and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written. CITY OF DENTON, TEXAS Euline Brock, Mayor ATTEST: Jennifer Walters, City Secretary BY: APPROVED AS TO LEGAL FORM: Herbert L. Prouty, Consulting Assistant City Attorney BY: , Edwin M. S der, City Aft rney 6