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03-10-2009 (City Council) Agenda Packet _tit/ Wylie City Council CITY OF NOTICE OF MEETING Regular Meeting Agenda March 10, 2009 - 6:00 p.m. The City Council will be present for group photography setting Wylie Municipal Complex Council Chambers March 10, 2009 - 7:00 pm Wylie Municipal Complex- Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: 1tww.wvlietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE March 10,2009 Wylie City Council Regular Meeting Agenda Page 2 of 5 PRESENTATION • Presentation to 4th Six Weeks Star Students—Character Trait of Trustworthiness". (Mayor Hogue/City Council) CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the February 24, 2009 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval and final acceptance of the Douglas Drive Drainage Improvements and authorize final payment to Tri-Con Services, Inc. in the amount of $4,578.00, and accept the project as complete. (C. Holsted, City Engineer) REGULAR AGENDA Public Hearings 1. Conduct the second Public Hearing for the annexation of a 7 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, generally located south of Martin Drive and east of South Ballard Avenue. (R. 011ie, Planning Director) Executive Summary This annexation is at the request of the property owners, James Stephen Gee and Stacy Lynn Gee. The property is located south of Martin Drive and east of South Ballard Ave within the Extraterritorial Jurisdiction(ETJ)of Wylie. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. 2. Hold a Public Hearing and consider, and act upon, Ordinance No. 2009-08 adopting the Standards of Care for Youth Programs. (R. Diaz, Assist. Superintendent, Parks and Recreation) Executive Summary Since the inception of the summer youth programs in 2000,the Standards of Care have been reviewed yearly and adopted as an ordinance in order to comply with the Texas Human Resources Code, Section 42.041 (b)(14). March 10,2009 Wylie City Council Regular Meeting Agenda Page 3 of 5 General Business 3. Presentation and consider, and act upon, fmal recommendations from the Public Arts Advisory Board for the commissioning of an artist to create a work of Public Art for City of Wylie Fire Station#3. (C. Ehrlich, Public Arts Advisory Board Liaison) Executive Summary Public Art for Fire Station#3 is the first public art project the City of Wylie will complete. Fire Station#3 is a CIP Project of which$34,625 has been set aside for Public Art. Art Consultant Sharon Leeber,hired by the Public Arts Advisory Board (PAAB) to assist in the selection process, was part of the "limited competition"call for artists that went out in November of 2008.The budget for this call was set at$25,000 to reserve funding for consulting, future maintenance and a contingency for unforeseen costs. The Public Arts Advisory Board solicited stakeholder participation through e-mails and from interested citizens to nominate the Fire Station#3 art selection panel(ASP). 4. Consider, and act upon, implementation of a replacement/installation Sidewalk Program through the Neighborhood A.C.T.I.O.N. Plan utilizing funds from the 1999 Sidewalk Bond. (R. 011ie, Planning Director) Executive Summary With the adoption and implementation of the City of Wylie's Accountable Communities Through Involvement of Neighborhoods (ACTION) program, staff recommends that the replacement and/or installation of city sidewalks target those neighborhoods that are part of this A.C.T.I.O.N. Plan. Staff held its first neighborhood meeting with the residents of the Bostic Addition, located along Third Street,Fourth Street, and Hilltop Lane bounded on the north by Butler Street and on the south by Park Street. Those residents/owners in attendance identified poor sidewalk conditions as a major concern for this area. Staff is requesting that this neighborhood be the first to participate in the Neighborhood A.C.T.I.O.N. Plan Sidewalk Program. 5. Consider, and act upon, approval of an Alternative Parking Agreement for 711 Business Way, Block 1, Lot 1OR of the 544 Industrial Park Addition. (R. 011ie, Planning Director) Executive Summary The applicant is requesting approval for special parking alternatives whereby the balance of required parking spaces are located on a separate parcel from the lot on which the principal use is located. The Zoning Ordinance requires City Council review and approval for Shared Parking Alternatives. Lot 1OR is a 15,000 square manufacturing facility with 82 parking spaces. In accordance with the current Zoning Ordinance this use requires 30 parking spaces. The attached parking agreement would allow Lot 5R Majestic Ballroom to share parking spaces with Lot 1OR Multi-Machine Company, Inc. The applicant has stated that the shared parking would afford them the required spaces needed to be in compliance with the ordinance as well as allow additional parking in the future if needed. 6. Consider, and act upon, approval and final acceptance of the Ballard Avenue Paving Project and authorize final payment to Tri-Con Services, Inc., in the amount of$262,933.57, and accept the project as complete. (C. Holsted, City Engineer) Executive Summary On October 9, 2007, a construction contract was awarded to Tri-Con Services, Inc. in the amount of $3,713,509.45 for paving and drainage improvements to Ballard Avenue from Stone Road to Alanis Drive. The project included reconstruction to a 4-lane concrete pavement section with related storm sewer improvements. The project also included the installation of an emergency traffic signal at Fire Station No. 1 and a 16-inch water line to serve the future 1.5 million gallon elevated storage tank located at Fire Station No. 1. All punch list items have been addressed by the contractor. March 10,2009 Wylie City Council Regular Meeting Agenda Page 4 of 5 7. Consider, and act upon, Resolution No. 2009-09(R) requesting the State of Texas Department of Transportation rename the remaining portion of FM3412 to FM2514. (C. Holsted, City Engineer) Executive Summary The Texas Transportation Commission approved a minute order on November 20, 2008 releasing ownership and control of FM 3412(Brown Street)from FM 1378 to Ballard Avenue. Ballard Avenue from Brown Street to SH 78 is still currently designated as FM 3412. TxDOT has requested that this portion of roadway be re-designated as FM 2514. The planning department has confirmed that the businesses along this portion of roadway use Ballard Avenue as their address. 8. Consider, and act upon, Ordinance No. 2009-09 establishing speed zones for Brown Street (FM 3412) from FM1378 to Ballard Avenue. (C. Holsted, City Engineer) Executive Summary The Texas Department of Transportation(TxDOT)released ownership and control of FM 1378 to the City of Wylie on November 20,2008. In February, 2009,Lee Engineering completed a speed zone study along Brown Street. Brown Street is currently a two-lane undivided roadway with no shoulders and is posted at 55 miles per hour at the west end near FM 1378. The spot speed data collected indicates that the 85th percentile speed is between 49 and 52 miles per hour and based on the data it is recommended that the posted speed limit along Brown Street be lowered to no greater than 50 miles per hour. The 85th percentile is the speed that separates the bottom 85%of vehicle speeds from the top 15%. 9. Consider, and act upon, authorizing the City Manager to execute an agreement with U.S. ROW for right-of-way acquisition services for the Brown Street East paving project. (C. Holsted, City Engineer) Executive Summary The 2005 City of Wylie Bond Program included $6,300,000 for the design and construction of approximately 11,100 linear feet of 4-lane concrete pavement section with sidewalks on Brown Street from SH 78 to Stone Road. The first bond issue included$900,000 for engineering and right of way acquisition for this project. The roadway alignment has been established and the right of way documents have been prepared by the engineer. Thirty seven parcels were identified for acquisition and thirty one parcels will be acquired for the project. 10. Consider, and act upon, approval of a Consultant Services Agreement with Binkley & Barfield, Inc., in an amount not to exceed $1,002,300, for the design of the expansion of McMillen Road from McCreary Road to FM 1378. (C. Holsted, City Engineer) Executive Summary The 2007 Collin County Roadway Bond Program included $4,149,375.00 for the design and construction of approximately 8,200 linear feet of 4-lane concrete pavement section with sidewalks on McMillen Road from McCreary Road to FM 1378. In October, 2008, an Interlocal Agreement was executed between Collin County and the City of Wylie to release $500,000 to begin engineering services for the roadway. Another Interlocal Agreement will be presented next fiscal year for the release of the remaining engineering funds from Collin County. The projected construction cost of the project is$9.9 million. The City of Wylie does not currently have matching funds for the project. 11. Consider, and act upon, approval of a Professional Engineering Services Agreement with RLK Engineering, in an amount not to exceed $365,600, for the design of the expansion of Ballard Avenue from Alanis Drive to the Collin County line. (C. Holsted, City Engineer) March 10,2009 Wylie City Council Regular Meeting Agenda Page 5 of 5 Executive Summary The 2007 Collin County Roadway Bond Program included $5,400,000 for the design and construction of approximately 5,800 linear feet of 4-lane concrete pavement section with sidewalks on Ballard Avenue from Alanis Drive to the county line. In October, 2008, an Inter-local Agreement was executed between Collin County and the City of Wylie to release $540,000 to begin engineering services for the roadway. The projected construction cost of the project is $4.1 million. The project is 100% funded by Collin County and will be managed by the City of Wylie as outlined in the inter-local agreement. WORK SESSION • Presentation, discussion and input of the Final Concept Plan of the Founder's Park Improvement Project. (Half Associates, Inc./M. Sferra, Public Services Director) RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 6`" day of March, 2009 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wytietc xas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, February 24, 2009 — 7:00 pm Wylie Municipal Complex—Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 7:00 p.m. with the following City Council members present: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Rick White, Councilman Carter Porter, and Councilman Merrill Young. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Fire Chief, Randy Corbin; Police Chief, John Duscio; Public Services Director, Mike Sferra; Interim Finance Director, Melissa Beard; Library Director, Rachel Orozco; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Randy Corbin gave the invocation and Police Chief John Duscio led the Pledge of Allegiance. PRESENTATION • Presentation and Proclamation recognizing retiring K-9 Officer Carlo's service to the City of Wylie. (J. Duscio, Police Chief) Mayor Hogue read a proclamation designating February 24th 2009 as "K-9 Officer Carlo Day." K-9 Officer Carlo has served the City of Wylie Police Department for the last 8 years. During his service he lived and worked with his handler Officer Brenda Martin. Carlo can no longer perform at an acceptable level due to age related health issues and is retiring. CITIZENS COMMENTS ON NON-AGENDA ITEMS Minutes—February 24 2009 Wylie City Council Page 1 Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. • Comments regarding City of Wylie Impact Fees. (Tommy Pulliam, citizen) Tommy Pulliam, residing at 1440 E. FM 544, addressed Council regarding the cost of thoroughfare fees for the City of Wylie. He asked the Wylie City Council to review the fees to see if the costs could be reduced and more in line with other cities. Direction from council to staff was to bring this item back in the forum of a work session for a future council meeting. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the February 10, 2009 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2009-07 authorizing the appointment of Terry Douglas as Associate Municipal Court Judge for the City of Wylie effective April 1, 2009, setting terms and stipend of service. (J. Butters, Assistant City Manager) C. Consider, and act upon, Resolution No. 2009-08(R) authorizing the appointment of Don High as Municipal Prosecutor for the City of Wylie effective April 1, 2009, setting terms and stipend of service. (J. Butters, Assistant City Manager) D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of January 31, 2009. (M. Beard, Interim Finance Director) E. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of January 31, 2009. (S. Satterwhite, Executive Director, WEDC) Council Action A motion was made by Councilman Young, seconded by Councilman White to approve the Consent Agenda as presented with one correction to the minutes, page one showing Mayor Pro Tern Byboth absent for the February 10, 2009 meeting. A vote was taken and the motion passed 7-0. Minutes—February 24 2009 Wylie City Council Page 2 REGULAR AGENDA Public Hearing 1. Conduct the first of two Public Hearings for the annexation of a 7 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, generally located south of Martin Drive and east of South Ballard Avenue. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that due to the cancellation of the January 27, 2009 council meeting, this annexation was required to be republished and the public hearings rescheduled accordingly. She explained that this annexation is at the request of the property owners, James Stephen Gee and Stacy Lynn Gee. The property is located south of Martin Drive and east of South Ballard Ave within the Extraterritorial Jurisdiction (ETJ) of Wylie. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. Public hearings will be heard on February 24, 2009 and March 10, 2009 with final adoption by Ordinance on March 31, 2009. Public Hearing Mayor Hogue opened the public hearing for the annexation at 7:30 p.m. asking anyone present wishing to address City Council on this item to come forward and hold their comments to 3 minutes. No one was present to address City Council on this item. Mayor Hogue closed the first of two public hearings on this item at 7:30 p.m. No action was required on this proposed annexation. The second public hearing will be held on March 10, 2009. General Business 2. Consider, and place on file the Wylie Police Department 2008 Annual Traffic Contact Report. (J. Duscio, Police Chief) Staff Comments Police Chief Duscio addressed Council stating that the Texas Senate Bill (SB 1074) requires police departments to collect traffic-related contact data and to report the contact data to their governing body every year, no later than March of the following year. He explained that the 2008 Wylie Police Department Annual Traffic Contact Report meets and exceeds all requirements of SB 1074. Council Action A motion was made by Councilman White, seconded by Councilman Porter to accept and place on file the Wylie Police Department 2008 Annual Traffic Contact Report. A vote was taken and the motion passed 7-0. Minutes—February 24 2009 Wylie City Council Page 3 3. Consider, and act upon, authorizing the City Manager to execute an agreement between the City of Wylie and Brenda Martin to release ownership and liability of K-9 Carlo upon his retirement to Officer Brenda Martin for a fee of $1.00. (J. Duscio, Police Chief) Staff Comments Police Chief Duscio addressed City Council stating that K-9 Carlo has served the City of Wylie Police Department for the last 8 years. During his service he lived and worked with his handler Officer Brenda Martin. Carlo can no longer perform at an acceptable level due to age related health issues. This agreement between the City of Wylie and Officer Martin is to exchange possession, ownership, and responsibility for K-9 Carlo. The City will relinquish ownership and responsibility of K-9 Carlo to Officer Martin fora fee of$1.00. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Goss to authorize the City Manager to execute an agreement between the City of Wylie and Brenda Martin to release ownership and liability of K-9 Carlo upon his retirement, to Officer Brenda Martin for a fee of $1.00. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, approval of an Alternative Parking Agreement for 544 Industrial Park, Block 2, Lots 1B & 1C. Subject property being generally located on the northwest corner of FM 544 & Commerce Drive. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed City Council stating that the applicant is requesting approval for special off-site parking alternatives whereby the required parking spaces are located on a separate parcel from the lot on which the principal use is located. The Zoning Ordinance requires City Council review and approval for special off-site Parking Alternatives. She explained that the applicant is proposing to lease an existing commercial building for a Financial Institution, without drive through provisions. The property is zoned Commercial Corridor(CC) District and the use is allowed by right. The agreement allows for Tract A& B and any occupants to share the parking spaces. The primary lot (Tract A) does not have sufficient area to construct the required parking. However, there will be 3 parallel spaces on site, with the remaining 6 spaces located off-site. Ms. 011ie reported that the issuance of a certificate of occupancy for the property is expressively contingent upon this agreement being filed and recorded with the County Clerk and remaining in effect, as it runs with the land. Consequentially, each new tenant is bound by this same agreement. If the parking agreement is not filed or is voided by the owner and/or tenant, the owner would have to replat both lots into a single lot to meet all regulations of the Zoning Ordinance or cease to operate. Applicant/Council Discussion Councilman Young asked Planning Director 011ie why the property was not re-platted rather than presenting an alternative parking agreement. Ms. 011ie replied that the zoning ordinance gives the applicant the opportunity to present an alternative parking agreement which then must be approved by the Wylie City Council; if the agreement is not approved than re-platting would be required. Councilman Porter asked Ms. 011ie if it was an advantage to have the option of an alternative parking agreement or should the ordinance be changed. Ms. 011ie replied that in some cases it was good to have this option. Councilman Goss asked what would happen if the property sold. Ms. 011ie replied that the new owner(s) would be required to stay with the intent of the parking agreement or would be required to replat the property. Councilman Young stated that he was concerned with not re-platting the property now in Minutes—February 24 2009 Wylie City Council Page 4 regards to what the Wylie Economic Development Corporation was trying to achieve. He stated that it was a concern having these types of alternative parking agreements in regards to the resale of the buildings in the future. Applicant Tom Grunnah addressed Council stating that the new owners of this property would more than likely re-plat the properties but was requesting that the alternative parking be approved at this time. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to approve an alternative Parking Agreement for 544 Industrial Park, Block 2, Lots 1 B & 1C; the subject property being generally located on the northwest corner of FM 544 and Commerce Drive. A vote was taken and the motion passed 5-2 with Mayor Hogue, Mayor Pro Tern Byboth, Councilman White, and Councilman Porter voting for and Councilman Goss and Councilman Young voting against. WORK SESSION • Presentation regarding a recommendation from the Public Art Advisory Board to accept the donation of art by sculptor Herk van Tongeren to the City of Wylie. (C. Ehrlich, City Secretary) Public Arts Advisory Board staff liaison Ehrlich addressed City Council stating that The Public Arts Advisory Board was contacted by art consultant Sharon Leeber who is currently assisting the Public Art Selection Process for Fire Station#3 and Founder's Park. Ms. Leeber presented to the board a rare opportunity to accept a donation of art to the Wylie Public Art Program. She explained that this piece was previously commission by her for a client in the early 1980's. She explained that the owner was renovating the building area where the art has been for 20 some years and could no longer use the art. Ms. Leeber immediately thought of the City of Wylie being familiar with the new civic center that was being constructed in the next couple of years and the placement of this particular piece of art in that space. She explained that the owner was willing to donate the art to the City of Wylie. The only costs involved would be for transportation, storage until the buildings were constructed, a small stipend to the art consultant for negotiating the art and base construction within the space the art will be placed. Ms. Ehrlich gave a short presentation on the art piece, the artist's background and the reasoning behind the art for the Wylie Civic Center. Direction from the Wylie City Council was to schedule this item for consideration on a future agenda with cost estimates and an agreement for the donation of art between the owner and the City. • Presentation, update and discussion on the re-design and functionality of www.wvlietexas.gov. (C. Kelly, Public Information Officer) Public Information Officer Kelly addressed Council stating that the web redesign team was an incredible in-house resource. The team included: Shaun Butterley, Robert Diaz, Carol Ehrlich, Rachael Hermes, Renae' 011ie, Rachel Orozco, Margaret Schlossstein, Tommy Walters and Craig Kelly. He explained that over the course of a few months we met several times to analyze other websites, critique our current site and define the new sites design, functionality, elements Minutes—February 24 2009 Wylie City Council Page 5 and navigation. We read the book, "Don't Make Me Think" by Steve Krug, along with a variety of articles focused on web design. The goals of the team were to: • Create a "One Stop Shop" for City information • Use a Content Management System (CMS) to empower our department experts • Provide a cost effective solution • Create an interactive, easy to navigate, visually pleasing, de-cluttered web experience • Explore the latest "social networking" tools • Enhance "two-way" communication for our citizens, businesses and visitors through Customer Relationship Management (CRM) tool The new design was presented to Council with a focus on the Customer Relationship Management tool. He reported that the team looked at the functionality of a CRM and how other cities have implemented it along with the different elements of the homepage and how they contribute to a user friendly experience on www.wylietexas.gov. Council approved the design enabling the team to move forward in the next step of the process which is coding and transforming the design into a usable site. Mayor Hogue reconvened into Regular Session at 8:30 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue convened into Executive Session at 8:32 p.m. citing Section 551.071 consultation with Attorney regarding Park Land Dedication Fees. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seg. Texas Government Code, to wit: Section 551.071 Consultation with Attorney; A governmental body may not conduct a private consultation with its attorney except: (1) When the governmental body seeks the advice of its attorney (A)Pending or contemplated litigation;or (B)A settlement offer;or (2) On a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. • Park Land Dedication Fees Mayor Hogue reconvened into Regular Session at 8:50 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. There was no action taken as a result of Executive Session. Minutes—February 24 2009 Wylie City Council Page 6 ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to adjourn the meeting at 8:50 p.m. Consensus of City Council was to adjourn. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—February 24 2009 Wylie City Council Page 7 Wylie City Council CI_itt( TY OF WYLIE AGENDA REPORT Meeting Date: March 10, 2009 Item Number: B Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: 5411-58210 Date Prepared: 03/03/09 Budgeted Amount: $150,000 Exhibits: 3 Subject Consider, and act upon, approval and final acceptance of the Douglas Drive Outfall Drainage Improvements and authorize final payment to Tri-Con Services, Inc. in the amount of $4,578.00, and accept the project as complete. Recommendation Motion to authorize final payment to Tri-Con Services, Inc., in the amount of$4,578.00, and accept the project as complete. Discussion On December 8, 2008, a construction contract was awarded to Tri-Con Services, Inc. in the amount of $109,914.50 for the Douglas Drive Outfall Drainage Improvements. The project consisted of the installation of approximately 208 linear feet of 4'x3' box culvert, 192 linear feet of 21" storm sewer, 6 combination curb inlets and related appurtenances. The final contract price including quantity adjustments and change orders is $122,005.86. The Public Works FY 2009 street budget included $150,000 for the project. Approved By Initial Date Department Director CH 3/3 City Manager w, Page 1 of 1 DOUGLAS DRIVE DRAINAGE IMPROVEMENTS Contract Amount: $109,914.50 Owner: CITY OF WYLIE PAY REQUEST NO. 3&FINAL REVISED CONTRACT AMOUNT$117,880.8L Pay request period : January 26, 2008- February 16, 2008 Contractor: TRI-CON SERVICES, INC., P.O. BOX 472867, GARLAND,TX 75047-2867 Inspector:JOSEPH TIDWELL Item Description Unit Quantity Unit Price Total Bid Prev. This month Compl. To This month$ $To Date No. Installed date PAVING 1 STREET REPAIR PER STD 21_R SY 185.00 $60.00 $11,100.00 180.00 180.00 $0.00 $10,800.00 2 6"CURB LF 215.00 $0.50 $107.50 215.00 215.00 $0.00 $107.50 - $ 4"3000 PSI REINFORCED CONC. SIDEWALK SF 35.00 $10.00 $350.00 38.00 38.00 $0.00 $380.00 - 4 21"RCP CL.3 W/EMBEDMENT LF 192.00 $65.00 $12,480.00 240.00 240.00 $0.00 $15,600.00 5 4'X3'SCP-4 CULVERT(3'TO 5'FILL) LF 208.00 $158.00 $32,864.00 208.00 208.00 $0.00 $32,864.00 6 REMOVE&DISPOSE PVMT, SIDEWALK&CURB SF 1,696.00 $1.50 $2,544.00 1,696.00 1,696.00 $0.00 $2,544.00 7 SAWCUT PAVEMENT LF 493.00 $3.00 $1,479.00 480.00 480.00 $0.00 $1,440.00 - 8 6'X6'TYPE. B MANHOLE EA_ 1.00 $5,000.00 $5,000.00 1.00 1.00 $0.00 $5,000.00 9 ENCASEMENT FOR EXISTING SANITARY SEWER LF _ 7.00 $50.00 $350.00 0.00 $0.00 $0.00 10 MOBILIZATION LS 1.00 $7,500.00 $7,500.00 1.00 1.00 $0.00 $7,500.00 11 EROSION CONTROL LS 1.00 $500.00 $500.00 1.00 1.00 $0.00 $500.00 12 TYPE SW-0 WINGWALL(6:1 SLOPE) EA 1.00 $5,000.00 $5,000.00 1.00 1.00 $0.00 $5,000.00 13 CONCRETE RIPRAP CY 1.40 $300.00 $420.00 1.40 1.40 $0.00 $420.00 14 12"STONE RIPRAP(COMMON)(GROUTED) CY 2.70 $400.00 $1,080.00 2.70 2.70 $0.00 $1,080.00 - 15 4 GRATE CURB INLET EA 6.00 $3,700.00 $22,200.00 6.00 6.00 $0.00 $22,200.00 16 EXISTING PIPE TO STRUCTURE CONNECTION EA 3.00 $100.00 $300.00 3.00 3.00 $0.00 $300.00 17 PROP. PIPE TO STRUCTURE CONNECTION EA 11.00 $50.00 $550.00_ 11.00 _ 11.00 $0.00 $550.00 18 TRENCH SAFETY LF 400.00 $1.00 $400.00 400.00 400.00 $0.00 $400.00 19 REMOVE/DISPOSE EXISTING STORM SEWER LF 213.00 $10.00 $2,130.00 213.00 213.00 $0.00 $2,130.00 20 REMOVE/DISPOSE EXISTING HEADWALL EA _ 1.00 $2,000.00 $2,000.00 1.00 1.00 $0.00 $2,000.00 21 FURN/INST/MAINT TRAFFIC CONTROL DEVICES DA 60.00 $8.00 $480.00 25.00 25.00 $0.00 $200.00 22 FURN/INST.MAINT BLOCK SOD SY 180.00 $6.00 $1,080.00 504.00 504.00 $0.00 $3,024.00 $0.00 CHANGE ORDER NO. 1 RE-LAY 4'X3'BOX-AVOID EXISTING UTILITIES LS 24.00 $98.14 $2,355.36 24.00 24.00 $0.00 $2,355.36 - CHANGE ORDER NO. 2 RESET RETAINING WALL LS 1.00 $389.00 $389.00 1.00 1.00 $0.00 $389.00 SPRINKLERS HD 7.00 $92.00 $644.00 7.00 7.00 $0.00 $644.00 - _ • CHANGE ORDER NO. 3 _ - DEMO/REPAIR STORM SEWER INLETS EA 2.00 $2,289.00 $4,578.00 2.00 2.00 $4,578.00 $4,578.00 DOUGLAS DRIVE DRAINAGE IMPROVEMENTS Contract Amount: $109,914.50 Owner: CITY OF WYLIE PAY REQUEST NO. 3&FINAL REVISED CONTRACT AMOUNT$117,880.86 Pay request period : January 26, 2008-February 16,2008 Contractor:TRI-CON SERVICES, INC., P.O. BOX 472867,GARLAND,TX 75047-2867 Inspector: JOSEPH TIDWELL Item Description Unit Quantity Unit Price Total Bid Prey. This month Compl.To This month$ $To Date No. Installed date TOTAL AMOUNT OF BID $117,880.86 $4,578.00 $122,005.86 Current Total Total Amount of Work Completed $4,578.00 $122,005.86 Less Tri-Con Services, Inc. Retainage 0% $0.00 $0.00 Date Other (plus retainage) Amount Payable on Contract $4,578.00 $122,005.86 City of Wylie Less Date Payments $117,427.86 TRC Engineers Other Date Due this Estimate $4.578.00 $4,578.00 CONTRACTOR'S AFFIDAVIT OF BILLS PAID (To be executed prior to acceptance of project) STATE OF TEXAS COUNTY OF DALLAS Personally, before me the undersigned authority,on this day appeared JAGk a, 6-W'-co4 ,who,being duly sworn,on oath,says that he is a legal representative of l Rl- C0A1 Se-K.vices. , and that the contract for the construction of the project,designated as Povc-tAs DrivE F41(..- DR*/. 44 E le-riozovEMEaITS has been satisfactorily completed and that all bills for materials, apparatus,fixture, machinery and labor used in connection with the construction of this project have,to the best of my knowledge a belief, been f y paid. Signature �i l ' • Title r Sworn to and before me this 3 day of h Pc N , 2ogY9 Notary County,Texas aooe e , JUDITH A. SUTTON * -&- , Notary Public STATE OF TEXAS '�of My Comm.Exp.12/05/2009 C&B-9 CONSENT OF SURETY TO FINAL PAYMENT Bond No. 108897919 PROJECT: Douglas Drive Outfall TO (Owner): City of Wylie P.O. Box 428 Wylie, TX 75098 CONTRACT FOR: Drainage Improvements CONTRACT DATE: CONTRACTOR: Tri-Con Services, Inc. In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the Travelers Casualty and Surety Company of America One Tower Square Hartford,CT 06183 , SURETY COMPANY, • on bond of Tri-Con Services, Inc. 3010 Main Street Rowlett,TX 75088 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to City of Wylie P.O. Box 428 Wylie, TX 75098 OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF,Travelers Casualty and Surety Company of America the Surety Company has hereunto set its hand this 3rd day of March, 2009 Travelers Casualty and Surety Company of America Surety Company 1;11Q Connie Jea regel, u Attorney-in-fact (Seal) WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED CORDER 411111b. POWER OF ATTORNEY TRAVELERS.1 Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-ln Fact No. 220196 Certificate No. 002662604 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Lloyd Ray Pitts,Beverly M.Trimble.Connie Jean Kregel,Jeffrey Todd McIntosh,and Cynthia Watson Fowler of the City of llaliac ,State of Texas ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in thei -business o.guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or tin ar 'aons Qi,ceedings allowed by law. 0,, 1 a . IN WITNESS WHEREOF,the Companies have caused this innsstrurt eto be,sjgned'artd roe orate seals to be hereto affixed,this 14th day of October 2008 , ,E Farmington Casualty C�e�p'ay ar `��. ,Niles.*� St.Paul Guardian Insurance Company Fidelity and GuarantyiItlsti andtP2r , " St.Paul Mercury Insurance Company Fidelity and Guaranty Insu?e Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company 0444,4 5110), F,"4., •tM MSp <,M4y9 tt.'a Y Rs'• ' ♦b, � 1 ANIH * , �i 1efA•,0++>�� a�'JP�,..........y^l 4J`� tit �'�� `. 'wr IT+a2 0 d�" 0 ' s e "' 7 g�7 k` '^ ri` '-t.,n 2 wwrraro, taanolR.S '$ Ali ?`SEAJion \SBJLL%i y twtal. v taal a. Sbty. '��t w�0A4 -'`SA ; 6.. d/S:104 ;c"^:"..rill° .•— I,' —.--.0* No me , No me �'4 State of Connecticut By: City of Hartford ss. Georg Thompson,iigi ,ce President On this the 14th de of y October 2008 before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America.and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. OY In Witness Whereof,I hereunto set my hand and official seal. 1 • j 1 \ C, . y �A I, My Commission expires the 30th day of June,2011. * * Marie C.Tccrcault.Notary Public 58440-5-07 Printed in U.S.A. 0 WARNING`THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, SL Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America.and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is • FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(h)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,,St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety:Rompan gtruye,�ricaagd United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the PowertR,Ntto°'iney t b at omUa nies,which is in full force and effect and has not been revoked. - I. ' -94k„-S �� ,� �� . / s ., IN TESTIMONY WHEREOF,I have hereunto set my hand and t theevealtt of said ranies this ��day of " '4 rejh ,20 01. •kh 9' Kori M.Johans Assistant Secretary • 0.au4^ •. 51rETy nu a ��"'.�M^{-` Pt.,1NSY� ..,e"MO. .I WO. 7Q, gray, g T y ?Fad— '�1� �4qt�-. 7! „ r!.o�vo-e-A �` ONr'�°� `� " � C'• 1927 aa. �t i a �: �' ;4• • �� 9$1 _ /� . ��`S£A o° t,3$1CL;''t 'r +�; 1s♦ OjTj To verify the authenticity of this Power of Attorney,call I-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 10, 2009 Item Number: 1 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: February 2, 2009 Budgeted Amount: Exhibits: Three Subject Conduct a Public Hearing for the annexation of a 7 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, generally located south of Martin Drive and east of South Ballard Ave. Recommendation Conduct Public Hearing only. No action is necessary. Discussion This annexation is at the request of the property owners, James Stephen Gee and Stacy Lynn Gee. The property is located south of Martin Drive and east of South Ballard Ave within the Extraterritorial Jurisdiction (ETJ) of Wylie. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings February 4, 2009 &February 11, 2009 First Public Hearing February 24, 2009 Second Public Hearing March 10, 2009 Adoption of Ordinance March 31, 2009 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. Approved By Initial Date Department Director RO 02/02/09 City Manager S/e//D 9 Page 1 of 1 CITY OF WYLIE,TEXAS SERVICE PLAN FOR ANNEXED AREA MCCREARY ROAD TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: March 31, 2009 ACREAGE ANNEXED: 7 acres SURVEY, ABSTRACT & COUNTY: Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4, The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS I. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. I. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. • • Exhibit A BEING a tract of land situated in the Allen Acterberry Survey, Abstract No. 23, Collin County, Texas, and being a part of a tract of land described in a deed to Fred Ronald Mobbs and Jean Mobbs recorded in Volume 1731, Page 395 of the Deed Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2" iron rod found on the East right of way line of Ballard Street (60 foot right of way) being the Northwest corner of said Mobbs tract as described in the aforementioned deed and currently being the Northwest corner of a tract of land described in a deed to East Fork Special Utility District recorded in Clerk's File No. 2000-0041889 of the Deed Records of Collin County, Texas; THENCE South with said East right of way line, a distance of 247.00 feet to a 1/2" iron rod found with cap being the Southwest corner of said East Pork Special Utility District tract and the POINT OP BEGINNING of the herein described tract; THENCE North 89 degrees 55 minutes 00 seconds East, with the South line of said East Fork Special Utility District tract, a distance of 480.00 feet to a 1/2" iron rod found with cap being the Southeast corner of said East Fork Special Utility District tract for an ell corner of this tract; THENCE North with the East line of said East Fork Special Utility District tract, a distance of 247.00 feet to a 1/2" iron rod found on the North line of said Hobbs tract being the Northeast corner of said East Fork Special Utility District tract for the most Northerly Northwest corner of this tract; THENCE South 69 degrees 57 minutes 56 seconds East, with the North line of said Mobbs tract, a distance of 1048.06 feet (deed calls North 89 degrees 56 minutes East) to a point, from which a fence corner post bears South 82 degrees 41 minutes 27 seconds East, a distance of 1.19 feet, said point being the Northeast corner of said Mobbs tract and being the Northwest corner of a tract of land described in a deed to Raymond B. Cooper, recorded in Volume 2819, Page 861 of the Deed Records of Collin County, Texas; THENCE South 00 degrees 05 minutes 00 seconds East, with the West line of said Cooper tract, a distance of 277.00 feet to a 1/2" iron rod found on the South • line of said Atterberry Survey and the North line of the D.W. Williams Survey, Abstract No. 980, being the Southeast corner of said Mobbs tract and being the Southwest corner of said Cooper tract and being the Northwest corner of a tract of land described in.a deed to Raymond B. Cooper recorded in Volume 1326, Page 238 of the Deed Records of Collin County, Texas and being the Northeast corner of a tract of land described in a deed to Verna May Poor and Michael Ray Poor recorded in Clerk's File No. 99-0055923 of the Deed Records of Collin County, Texas; THENCE North 89 degrees 58 minutes 17 seconds West, with the South line of said Hobbs tract, a distance of 1101.72 feet (deed calls South 89 degrees 56 minutes West, a distance of 1101.10 feet), to a 1/2" iron rod found being the Northwest corner of said Poor tract and being the Northeast corner of a tract of land described in a deed to Mary Elanor Stone Howrey recorded in Volume 531, Page 695 of the Deed Records of Collin County, Texas; THENCE South 89 degrees 55 minutes 00 seconds West, with said South line, a • distance of 426.74 feet (deed calls 427.36 feet) to a 1/2" iron rod set with cap stamped "Precise Land Surv." on the aformentioned East right of way line • being the Southwest corner of said Mobbs tract and being the Northwest corner of said Howrey tract; • THENCE North with said East right of way line, a distance of 30.00 feet to the POINT OF BEGINNING, CONTAINING 304,826 square feet or 6.998 acres of land. - - - - -1 1 s; 1 .cf- Q h6 ,a AV I I1--- - - - -1 ig 1 EXHIBITBzfi IAg I 1 " I 1,Q 1 l$ I— - - - -i I 11— I I I ' 1 I I I I I I I I I 1 i ' I L1 _ LJJf� t l 1 ' I I LIL _ j ! 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I Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 10, 2009 Item Number: 2 Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: February 12, 2009 Budgeted Amount: Exhibits: 3 Subject Hold a Public Hearing and consider, and act upon, Ordinance No. 2009-08 adopting the Standards of Care for Youth Programs. Recommendation Motion to approve Ordinance No. 2009-08 adopting the Standards of Care for Youth Programs. Discussion Since the inception of the summer youth programs in 2000, the Standards of Care have been reviewed yearly and adopted as an ordinance in order to comply with the Texas Human Resources Code, Section 42.041 (b)(14). The Texas Human Resources Code, Section 42.041 (b)(14), states the following: Elementary age(ages 5-13)recreation programs operated by a municipality; provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs and that such standards are provided to the parents of each program participant. Such ordinances shall include at a minimum, staff ratios, minimum staff qualification, minimum facility and safety standards, and mechanisms for monitoring and enforcing the adopted local standards, further, provided that parents be informed the program is not licensed by the state and the program not be advertised as a childcare facility. The statute above determines that the City will become exempt from any licensing requirement from the Texas Department of Protective and Regulatory Services if City adopts Standards of Care establishing the following, at a minimum: 1. Staff Ratios 2. Minimum Staff Requirements 3. Minimum facility, health, and safety standards 4. Monitoring and enforcement mechanisms for adopted local standards Page 1 of 2 Page 2 of 2 5. A process to notify parents that the program is not licensed by the State 6. A policy that the program will not be advertised as a childcare facility Staff has made no significant changes to the current version of the ordinance. The ordinance and Standards of Care provides the necessary guidelines for the regulation of the summer youth program, the Wylie Wave, as required by Texas Human Resources Code, Section 42.041 (b)(14). Approved By Initial Date Department Director MS 2/12/09 City Manager ORDINANCE NO. 2009-08 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING STANDARDS OF CARE FOR THE CITY OF WYLIE YOUTH PROGRAMS; PROVIDING FOR A REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City of Wylie, Texas (the "City") will establish youth programs that provide a benefit and contribute to the overall well being of the City youth and their families; and WHEREAS, a hearing before the City Council of Wylie was set for March 10th, 2009, such date being at least seven (7) days after publication of the notice of such public hearing and said notice appearing in The Wylie News on January 25th, 2009 and February 4th, 2009; and WHEREAS, the City adopts the Standards of Care for its youth programs as required by Texas Human Resources Code § 42.041(b)(14). NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Section 2. Standards of Care. The Wylie Youth Programs Standards of Care are adopted as described in Attachment "A", hereto, pursuant to Texas Human Resources Code § 42.041. Section 3. Savings/Repealing. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. Section 4. Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. City hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause or phrase thereof regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Ordinance No. 2009-08 Standards of Care Ordinance Page 1 542263-1 Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,on the 10th day of March, 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary ATTEST: City Attorney Date of Publication in The Wylie News-March 18, 2009 Ordinance No. 2009-08 Standards of Care Ordinance Page 2 542263-1 STANDARDS OF CARE WYLIE YOUTH PROGRAMS The following Standards of Care will be adopted by the City Council of the City of Wylie, Texas in order to comply Texas Human Resources Code § 42.041(b)(14). The Standards of Care are intended to be minimum standards by which the City of Wylie Parks and Recreation Department will operate the City's Youth Programs. The programs operated by the City are recreational in nature and are not day care programs licensed by the State of Texas. GENERAL ADMINISTRATION 1. Organization A. The governing body of the City of Wylie Youth Programs is the Wylie City Council. B. Implementation of the Youth Programs Standards of Care is the responsibility of the Parks and Recreation Department Managing Director and Departmental employees. C. Youth Programs ("Program") to which these Standards of Care will apply is the Wylie Wave Summer Youth Program. D. Each Youth Program site will have available for public and staff review a current copy of the Standards of Care. E. Parents of participants will be provided a current copy of the Standards of Care during the registration process. F. Criminal background checks will be conducted on prospective Youth Program employees. If results of that criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: (1) a felony or a misdemeanor classified as an offense against a person or family; (2) a felony or misdemeanor classified as public indecency; (3) a felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; (4) any offense involving moral turpitude; (5) a felony or misdemeanor classified as DWI (driving while intoxicated) or DUI (driving under the influence); (6) any offense that would potentially put youth participants or the City of 1 Wylie at risk. 2. Definitions A. City: City of Wylie B. City Council: City Council of the City of Wylie C. Department: Parks and Recreation Department of the City of Wylie D. Youth Programs or Program: City of Wylie Youth Programs consisting of the Wylie Wave Summer Youth Program and future youth programs. E. Program Manual: Notebook of policies, procedures, required forms, and organizational and programming information relevant to Wylie Youth Programs. F. Director: City of Wylie Public Services Director or his or her designee. G. Assistant Superintendent: City of Wylie Parks and Recreation Department full- time employee who has been assigned administrative oversight responsibility for the City's Youth Programs. H. Program Coordinator: City of Wylie Parks and Recreation Department full-time Recreation Supervisor has been assigned administrative responsibility for the Wylie Wave Summer Youth Program. Site Supervisor, Assistant Site Supervisor and Program Leader: City of Wylie Parks and Recreation Department seasonal part-time employees who have been assigned responsibility to implement the City's Youth Programs. J. Program Site: Area and facilities where Wylie Youth Programs are held consisting of a Wylie Independent School District (W.I.S.D.) facility or City of Wylie properties. K. Participant: A youth whose parent(s)have completed all required registration procedures and who is determined to be eligible for a Wylie Youth Program. L. Parent(s)/Legal Guardian: This term will be used to represent one or both parent(s) or adults who have legal custody and authority to enroll their child (ren) in the Wylie Youth Programs. M. Employee(s): Term used to describe people who have been hired to work for the City of Wylie and have been assigned responsibility for managing, administering, or implementing some portions of the Wylie Youth Programs. 3. Inspections/Monitoring/Enforcement 2 A. A monthly inspection report will be initiated by the Site Supervisor of each Program to confirm the Standards of Care are being adhered to. (1) Inspection reports will be sent to the Assistant Superintendent for review and kept on record for at least two years. (2) The Assistant Superintendent will review the report and establish deadlines and criteria for compliance with the Standards of Care. B. The Assistant Superintendent will make visual inspections of the Program based on the following schedule: The Wylie Summer Youth Program will be inspected twice during its summer schedule. C. Complaints regarding enforcement of the Standards of Care will be directed to the Coordinator. The Coordinator will be responsible to take the necessary steps to resolve the problems. The Assistant Superintendent will record complaints regarding enforcement of the Standards of Care and their resolution. Serious complaints regarding enforcement of the Standards of Care will be addressed by the Director of Public Services (or their designee) and the complaint and the resolution will be noted. D. The Assistant Superintendent will make an annual report to the City Council on the overall status of the Youth Programs and their operation relative to compliance with the adopted Standards of Care. 4. Enrollment A. Before a child can be enrolled, a parent/legal guardian must sign registration forms that contain the child's: (1) name, address, home telephone number; (2) name and address of parents and telephone number during Program hours; (3) the names and telephone numbers of people to whom the child can be released; (4) a statement of the child's special issues or needs; (5) emergency medical authorization; (6) proof of residency when appropriate; and (7) a liability waiver. 3 5. Suspected Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. STAFFING- RESPONSIBILITIES AND TRAINING 6. Youth Program Coordinator("Coordinator") Qualifications A. Coordinators will be full-time,professional employees of the Wylie Parks and Recreation Department and will be required to have all Program Leader qualifications as outlined in Section 7 of this document. B. Coordinators must be at least 21 years old. C. Coordinators must have a bachelor's degree from an accredited college or university. Acceptable degrees include: (1) Recreation Administration or General Recreation; (2) Physical Education; or (3) Any other comparable degree plan that would lend itself to working in a public recreation environment. D. Coordinators must have two years experience planning and implementing recreational activities. E. Coordinators must pass a background investigation including testing for illegal substances. F. Coordinators must have successfully completed a course in first aid and Cardio Pulmonary Resuscitation(CPR)based on either American Heart Association or American Red Cross standards. G. Coordinator must be able to furnish proof of a clear tuberculosis test within 12 months prior to their employment date. 7. Coordinator's Responsibilities A. Coordinators are responsible to recommend for hire, supervise, and evaluate the Site Supervisor, Asst. Site Supervisors and Program Leaders. B. Coordinators are responsible to plan, implement, and evaluate programs. 8. Youth Program Site Supervisor/Assistant Site Supervisor/Program Leader("Leader") 4 Qualifications: A. Leaders will be part-time or temporary employees of the Parks and Recreation Department. B. Leaders working with children must be age 16 or older; however, each site will have at least one employee 18 years old or older present at all times. C. Leaders should be able to consistently exhibit competency, good judgement, and self-control when working with children. D. Leaders must relate to children, parents, co-workers, supervisors, and the general public with courtesy, respect, tolerance, and patience. E. Leaders must have successfully completed a course in first aid and CPR based on either American Heart Association or American Red Cross standards. An exception can be made for no more than one staff person at each site, and that person shall successfully complete a first aid and CPR course within four weeks of starting work. F. Leaders must pass a background investigation including testing for illegal substances. G. Leaders must be able to furnish proof of a clear tuberculosis test within 12 months prior to their employment date. 9. Leader Responsibilities A. The Site Supervisor is responsible to administer the Programs' daily operations in compliance with the adopted Standards of Care. B. Leaders will be responsible to provide participants with an environment in which they can feel safe, can enjoy wholesome recreation activities, and can participate in appropriate social opportunities with their peers. C. Leaders will be responsible to know and follow all City, Departmental, and Program standards, policies, and procedures that apply to Wylie Youth Programs. D. Leaders must ensure that participants are released only to a parent or an adult designated by the parent. All Program sites will have a copy of the Department approved plan to verify the identity of a person authorized to pick up a participant if that person is not known to the Leader. 5 10. Training/Orientation A. The Department is responsible for providing training and orientation to Program employees in working with children and for specific job responsibilities. Coordinators will provide each Leader with a Program manual specific to each Youth Program. B. Program employees must be familiar with the Standards of Care for Youth Program operation as adopted by the City Council. C. Program employees must be familiar with the Program's policies including discipline, guidance, and release of participants as outlined in the Program Manual. D. Program employees will be trained in appropriate procedures to handle emergencies. E. Program employees will be trained in areas including City, Departmental, and Program policies and procedures, provision of recreation activities, safety issues, child psychology, and organization. F. Program employees will be required to sign an acknowledgement that they received the required training. OPERATIONS 11. Staff-Participant Ratio A. In a Wylie Youth Program, the standard ratio of participants to Leaders will be 20 to 1. In the event a Leader is unable to report to the Program site, a replacement will be assigned. B. Each participant shall have a Program employee who is responsible for him or her and who is aware of the participant's habits, interests, and any special issues as identified by the participant's parent/legal guardian during the registration process. 12. Discipline A. Program employees will implement discipline and guidance in a consistent manner based on the best interests of Program participants. B. There must be no cruel or harsh punishment or treatment. C. Program employees may use brief, supervised separation from the group if necessary. 6 D. As necessary, Program employees will initiate discipline reports to the parent/legal guardian(s) of participants. Parent/legal guardian(s) will be asked to sign discipline reports to indicate they have been advised about specific problems or incidents. E. A sufficient number and/or severe nature of discipline reports as detailed in the Program Manual may result in a participant being suspended from the Program. F. In instances where there is a danger to participants or staff, offending participants will be removed from the Program site as soon as possible. 13. Programming A. Program employees will attempt to provide activities for each group according to the participants' ages, interests, and abilities. The activities must be appropriate to participants'health, safety, and well being. The activities also must be flexible and promote the participants' emotional, social, and mental growth. B. Program employees will attempt to provide that indoor and outdoor time periods include: (1) alternating active and passive activities; (2) opportunity for individual and group activities; and (3) outdoor time each day weather permits. C. Program employees will be attentive and considerate of the participants' safety on field trips and during any transportation provided by the Program. (1) During trips, Program employees supervising participants must have immediate access to emergency medical forms and emergency contact information for each participant. (2) Program employees must have a written list of the participants in the group and must check the roll frequently. (3) Program employees must have first aid supplies and a guide to first aid and emergency care available on field trips. 14. Communication A. Each Program site will have a cell phone to allow the site to be contacted by City personnel, and each site will have access to a telephone for use in contacting the City personnel or making emergency calls. 7 B. The Program Site Supervisor will post the following telephone numbers adjacent to a telephone accessible to all Program employees at each site: (1) Wylie emergency medical services and police department. (2) Numbers at which parents/staff may be reached; and (3) The telephone number for the site itself. 15. Transportation A. Before a participant may be transported to and from city sponsored activities, a transportation form, completed by the parent/legal guardian of the participant must be filed with the Program Site Supervisor. B. First aid supplies and a first aid and emergency care guide will be available in all Program vehicles that transport children. C. Program equipment and supplies must be safe for the participants' use. FACILITY STANDARDS 16. Safety A. Program employees will inspect Program sites daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A daily inspection report will be completed by Program employees and kept on file by the Coordinator. B. Buildings, grounds, and equipment on the Program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. C. Program equipment and supplies must be safe for the participants' use. D. Program employees must have first aid supplies and a first aid and emergency care guide readily available to staff at each site, during transportation to an off- site activity, and for the duration of any off-site activity. E. Program air conditioners, electric fans, and heaters must be mounted out of participants' reach or have safeguards that keep participants from being injured. F. Program porches and platforms more than 30 inches above the ground must be equipped with railing participants can reach. G. All swing seats at Program sites must be constructed of durable, lightweight, relatively pliable material. 8 H. Program employees must have first aid supplies readily available to staff in a designated location. Program employees must have an immediately accessible guide to first aid and emergency care. 17. Fire A. In case of fire, danger of fire, explosion, or other emergency, Program employees' first priority is to evacuate the participants to a designated safe area. B. The Program site will have an annual fire inspection by the local Fire Marshall, and the resulting report will detail any safety concerns observed. The report will be forwarded to the Assistant Superintendent who will review and establish deadlines and criteria for compliance. Information from this report will be included in the Assistant Superintendent's annual report to the Council. C. Each Program site must have at least one fire extinguisher approved by the Fire Marshal readily available to all Program employees. D. Fire drills will be initiated at Program sites based on the following schedule: (1) Wylie Wave Summer Youth Program: A fire drill twice during the session. 18. Health A. Illness or Injury (1) A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the Program. (2) Illnesses and injuries will be handled in a manner to protect the health of all participants and employees. (3) Program employees will follow plans to provide emergency care for participants with symptoms of an acute illness or injured participants as specified in the Program manual. (4) Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. B. Program employees will administer medication only if: (1) Parent/Legal Guardian(s) complete and sign a medication form that provides authorization for staff to dispense medication with details as to time and dosages. The form will include a hold harmless clause to protect the City. 9 (2) Prescription medications are in the original containers labeled with the child's name, date, directions, and the physician's name. Program employees will administer the medication only as stated on the label. Program employees will not administer medication after the expiration date. (3) Nonprescription medications are labeled with the child's name and the date the medication was brought to the Program. Nonprescription medication must be in the original container. Program employees will administer it only according to label direction. (4) Medication dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of Program employees. No injections will be administered by the Program employees. (5) Program employees must ensure medications are inaccessible to participants or, if it is necessary to keep medications in the refrigerator (when available), medications will be kept separate from food. C. Toilet Facilities (1) The Program site will have inside toilets located and equipped so children can use them independently and Program staff can supervise as needed. (2) There must be one flush toilet for every 30 children. Urinals may be counted in the ratio of toilets to children, but they must not exceed 50% of the total number of toilets. (3) An appropriate and adequate number of lavatories will be provided. D. Sanitation (1) The Program facilities must have adequate light, ventilation, and heat. (2) The Program must have an adequate supply of water meeting the standards of the Texas Commission on Environmental Quality mission for drinking water and ensure that it will be supplied to the participants in a safe and sanitary manner. (3) Program employees must see that garbage is removed from buildings daily. 10 HUMAN RESOURCES CODE CHAPTER 42. REGULATION OF CERTAIN FACILITIES, HOMES, AND AGENCIES THAT PROVIDE CHILD-CARE SERVICES SUBCHAPTER A. GENERAL PROVISIONS § 42.001. PURPOSE. The purpose of this chapter is to protect the health, safety, and well-being of the children of the state who reside in child-care facilities by establishing statewide minimum standards for their safety and protection and by regulating the facilities through a licensing program or by requiring child-care facilities to be regulated by alternative accreditation bodies. It is the policy of the state to ensure the protection of all children under care in child-care facilities and to encourage and assist in the improvement of child-care programs. It is also the intent of the legislature that freedom of religion of all citizens is inviolate. With respect to a school or child-care facility sponsored by a religious organization, nothing in this chapter gives a governmental agency authority to regulate, control, supervise, or in any way be involved in the: (1) form, manner, or content of religious instruction, ministry, teaching, or the curriculum offered by the school or facility; (2) ability of the school or facility to select and supervise qualified personnel, and otherwise control the terms of employment, including the right to employ individuals who share the religious views of the school or facility; (3) internal self-governance and autonomy of the school or facility; or (4) religious environment of the school or facility, such as symbols, art, icons, and scripture. Acts 1979, 66th Leg. , p. 2358, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1997, 75th Leg. , ch. 664, § 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg. , ch. 218, § 1, eff. Sept. 1, 2001. § 42.002. DEFINITIONS. In this chapter: (1) "Child" means a person under 18 years of age. (2) "Division" means the division designated by the department to carry out the provisions of this chapter. (3) "Child-care facility" means a facility licensed, certified, or registered by the department to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers. (4) "Child-care institution" means a child-care facility that provides care for more than 12 children for 24 hours a day, including facilities known as children's homes, halfway houses, residential treatment centers, emergency shelters, and therapeutic camps. (5) "Foster group home" means a child-care facility that provides care for 7 to 12 children for 24 hours a day. (6) "Foster home" means a child-care facility that provides care for not more than six children for 24 hours a day. (7) "Day-care center" means a child-care facility that provides care for more than 12 children under 14 years of age for less than 24 hours a day. (8) "Group day-care home" means a child-care facility that provides care for 7 to 12 children under 14 years of age for less than 24 hours a day. (9) "Family home" means a home that provides regular care in the caretaker's own residence for not more than six children under 14 years of age, excluding children who are related to the caretaker, and that provides care after school hours for not more than six additional elementary school children, but the total number of children, including children who are related to the caretaker, does not exceed 12 at any given time. The term does not include a home that provides care exclusively for any number of children who are related to the caretaker. (10) "Agency foster group home" means a facility that provides care for seven to 12 children for 24 hours a day, is used only by a licensed child-placing agency, and meets department standards. (11) "Agency foster home" means a facility that provides care for not more than six children for 24 hours a day, is used only by a licensed child-placing agency, and meets department standards. (12) "Child-placing agency" means a person, including an organization, other than the natural parents or guardian of a child who plans for the placement of or places a child in a child-care facility, agency foster home, agency foster group home, or adoptive home. (13) "Facilities" includes child-care facilities and child-placing agencies. (14) "State of Texas" or "state" does not include political subdivisions of the state. (15) "Religious organization" means a church, synagogue, or other religious institution whose purpose is to support and serve the propagation of truly held religious beliefs. (16) "Children who are related to the caretaker" means children who are the children, grandchildren, siblings, great-grandchildren, first cousins, nieces, or nephews of the caretaker, whether by affinity or consanguinity or as the result of a relationship created by court decree. (17) "Regular care" means care that is provided at least four hours a day, three or more days a week, for more than nine consecutive weeks. Acts 1979, 66th Leg. , p. 2359, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg. , p. 2812, ch. 759, § 1, eff. Aug. 31, 1981; Acts 1987, 70th Leg. , ch. 1052, § 4 .01, eff. Sept. 1, 1987; Acts 1989, 71st Leg. , ch. 984, § 1, eff. June 15, 1989; Acts 1997, 75th Leg. , ch. 1022, § 23, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 3, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg. , ch. 218, § 2, eff. Sept. 1, 2001. SUBCHAPTER B. ADMINISTRATIVE PROVISIONS § 42.021. DIVISION DESIGNATED. (a) The department may designate a division within the department to carry out responsibilities the department may delegate or assign under this chapter. (b) The executive director of the department shall appoint as director of a division designated under Subsection (a) a person who meets the qualifications set by the board. (c) The department shall employ sufficient personnel and provide training for the personnel to carry out the provisions of this chapter. (d) The director may divide the state into regions for the purpose of administering this chapter. Acts 1979, 66th Leg. , p. 2360, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1995, 74th Leg. , ch. 76, § 8.020, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 1063, § 4, eff. Sept. 1, 1997. § 42.022. STATE ADVISORY COMMITTEE. (a) The State Advisory Committee on Child-Care Administrators and Facilities is appointed by the board on the recommendation of the director. (b) Members of the committee serve for terms of two years expiring on February 1 of each odd-numbered year. (c) The advisory committee is composed of 12 members appointed by the board. The members must have the following qualifications: (1) two must be parents, guardians, or custodians of children who use the facilities; (2) two must be representatives of child advocacy groups; (3) two must be operators of nonprofit child-care facilities that are licensed under this chapter; (4) two must be experts in various professional fields that are relevant to child care and development; (5) two must be members of the general public; and (6) two must be operators of proprietary child-care facilities that are licensed under this chapter. (d) The department shall provide staff necessary for the committee. (e) The committee shall review rules and minimum standards for child-care administrators, child-care facilities, and child-placing agencies promulgated by state agencies, and shall advise the department, the council, and state agencies on problems of child-care administrators, child-care facilities, and child-placing agencies. (f) The committee shall receive and review the annual report of the department. (g) The board, on the recommendation of the director, shall appoint an advisory subcommittee on child-care administration from the membership of the Advisory Committee on Child-Care Administrators and Facilities. The subcommittee shall advise the board on licensing child-care administrators, including the content of the examination administered to license applicants under Section 43.004 . The subcommittee on child-care administration shall meet at the same time the committee meets. (h) In making appointments to the committee, the board shall consider whether the committee reflects the race, ethnicity, and age of the residents of this state and whether the committee provides representation of the geographic regions of the state. Acts 1979, 66th Leg. , p. 2360, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1987, 70th Leg. , ch. 1052, § 4 .02, eff. Sept. 1, 1987; Acts 1995, 74th Leg. , ch. 76, § 8 .021, eff. Sept. 1, 1995; Acts 1995, 74th Leg. , ch. 920, § 9, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 1063, § 5, eff. Sept. 1, 1997. § 42.023. ANNUAL REPORT. (a) The executive director shall prepare an annual written report regarding the department's activities under this chapter. (b) The annual report shall include: (1) a report by regions of applications for licensure or certification, of provisional licenses issued, denied, or revoked, of licenses issued, denied, suspended or revoked, of emergency closures and injunctions, and of the compliance of state-operated agencies with certification requirements; (2) a summary of the amount and kind of in-service training and other professional development opportunities provided for department staff; (3) a summary of training and other professional development opportunities offered to facilities' staffs; and (4) a report of new administrative procedures, of the number of staff and staff changes, and of plans for the coming year. (c) Copies of the annual report shall be available to any state citizen on request. Acts 1979, 66th Leg. , p. 2360, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1985, 69th Leg. , ch. 18, § 2, eff. April 3, 1985; Acts 1995, 74th Leg. , ch. 76, § 8.022, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 1063, § 6, eff. Sept. 1, 1997. § 42.024 . ADMINISTRATIVE PROCEDURE. Chapter 2001, Government Code applies to all procedures under this chapter except where it is contrary to or inconsistent with the provisions of this chapter. Acts 1979, 66th Leg. , p. 2361, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1995, 74th Leg. , ch. 76, § 5. 95 (49) , eff. Sept. 1, 1995. SUBCHAPTER C. REGULATION OF CERTAIN FACILITIES, HOMES, AND AGENCIES § 42.041. REQUIRED LICENSE OR ACCREDITATION. (a) No person may operate a child-care facility or child-placing agency without a license issued by the department. (b) This section does not apply to: (1) a state-operated facility; (2) an agency foster home or agency foster group home; (3) a facility that is operated in connection with a shopping center, business, religious organization, or establishment where children are cared for during short periods while parents or persons responsible for the children are attending religious services, shopping, or engaging in other activities on or near the premises, including but not limited to retreats or classes for religious instruction; (4) a school or class for religious instruction that does not last longer than two weeks and is conducted by a religious organization during the summer months; (5) a youth camp licensed by the Texas Department of Health; (6) a facility licensed, operated, certified, or registered by another state agency; (7) an educational facility accredited by the Texas Education Agency or the Southern Association of Colleges and Schools that operates primarily for educational purposes in grades kindergarten and above, an after-school program operated directly by an accredited educational facility, or an after-school program operated by another entity under contract with the educational facility, if the Texas Education Agency or Southern Association of Colleges and Schools has approved the curriculum content of the after-school program operated under the contract; (8) an educational facility that operates solely for educational purposes in grades kindergarten through at least grade two, that does not provide custodial care for more than one hour during the hours before or after the customary school day, and that is a member of an organization that promulgates, publishes, and requires compliance with health, safety, fire, and sanitation standards equal to standards required by state, municipal, and county codes; (9) a kindergarten or preschool educational program that is operated as part of a public school or a private school accredited by the Texas Education Agency, that offers educational programs through grade six, and that does not provide custodial care during the hours before or after the customary school day; (10) a family home, whether registered or listed; (11) an educational facility that is integral to and inseparable from its sponsoring religious organization or an educational facility both of which do not provide custodial care for more than two hours maximum per day, and that offers educational programs for children age five and above in one or more of the following: kindergarten through at least grade three, elementary, or secondary grades; (12) an emergency shelter facility providing shelter to minor mothers who are the sole support of their natural children under Section 32.201, Family Code, unless the facility would otherwise require a license as a child-care facility under this section; (13) a juvenile detention facility certified under Section 51. 12, Family Code, or Section 141. 042 (d) , a juvenile facility providing services solely for the Texas Youth Commission, or any other correctional facility for children operated or regulated by another state agency or by a political subdivision of the state; (14) an elementary-age (ages 5-13) recreation program operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinances shall include, at a minimum, staffing ratios, minimum staff qualifications, minimum facility, health, and safety standards, and mechanisms for monitoring and enforcing the adopted local standards; and further provided that parents be informed that the Program is not licensed by the state and the program may not be advertised as a child-care facility; or (15) an annual youth camp held in a municipality with a population of more than 1.5 million that operates for not more than three months and that has been operated for at least 10 years by a nonprofit organization that provides care for the homeless. (c) A single license that lists addresses and the appropriate facilities may be issued to a child-care institution that operates noncontiguous facilities that are nearby and that are demonstrably a single operation as indicated by patterns of staffing, finance, administrative supervision, and programs. (d) A facility exempt from the provisions of Subsection (a) of this section that desires to receive or participate in federal or state funding shall be required to comply with all other provisions of this chapter and with all regulations promulgated under this chapter. (e) The exemptions provided by Subsection (b) of this section do not affect the authority of local, regional, or state health department officials, the state fire marshal, or local fire prevention officials to inspect child-care facilities. Acts 1979, 66th Leg. , p. 2361, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg. , p. 2812, ch. 759, § 2, 3, eff. Aug. 31, 1981; Acts 1987, 70th Leg. , ch. 1052, § 4 .03, eff. Sept. 1, 1987; Acts 1987, 70th Leg. , ch. 1115, § 2, eff. June 19, 1987; Acts 1995, 74th Leg. , ch. 262, § 54, eff. Jan. 1, 1996; Acts 1995, 74th Leg. , ch. 847, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 165, § 7 .46, eff. Sept. 1, 1997; ; Acts 1997, 75th Leg. , ch. 664, § 3, 4, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg. , ch. 218, § 3, eff. Sept. 1, 2001. § 42. 042. RULES AND STANDARDS. (a) The department shall make rules to carry out the provisions of this chapter. (b) The department shall conduct a comprehensive review of all rules and standards at least every six years. For purposes of this subsection, the six-year period begins on the latest of the date of: (1) the conclusion of the review of the rules and standards; (2) a decision by the department not to revise the rules and standards; (3) a decision by the board not to revise the rules and standards; or (4) board action adopting new standards. (c) The department shall provide a standard procedure for receiving and recording complaints. (d) The department shall provide standard forms for applications and inspection reports. (e) The department shall promulgate minimum standards that apply to licensed child-care facilities and to registered family homes covered by this chapter and that will: (1) promote the health, safety, and welfare of children attending a facility or registered family home; (2) promote safe, comfortable, and healthy physical facilities and registered family homes for children; (3) ensure adequate supervision of children by capable, qualified, and healthy personnel; (4) ensure adequate and healthy food service where food service is offered; (5) prohibit racial discrimination by child-care facilities and registered family homes; (6) require procedures for parental and guardian consultation in the formulation of children's educational and therapeutic programs; and (7) prevent the breakdown of foster care and adoptive placement. (f) In promulgating minimum standards for the provision of child-care services, the department shall recognize the various categories of services, including services for specialized care, the various categories of children and their particular needs, and the differences in the organization and operation of child-care facilities and institutions. Standards for child-care institutions must require an intake study before a child is placed in an institution. The intake study may be conducted at a community mental health and mental retardation center. (g) In promulgating minimum standards the department may recognize and treat differently the types of services provided by the following: (1) registered family homes; (2) child-care facilities, including child-care institutions, foster group homes, foster homes, group day-care homes, and day-care centers; (3) child-placing agencies; (4) agency foster homes; and (5) agency foster group homes. (h) The department shall promulgate minimum standards for child-placing agencies. (i) Before adopting minimum standards, the department shall present the proposed standards to the State Advisory Committee on Child-Care Facilities for review and comment, and shall send a copy of the proposed standards to each licensee covered by the proposed standards at least 60 days before the standards take effect to provide the licensee an opportunity to review and to send written suggestions to the committee and the department. (j ) The department may waive compliance with a minimum standard in a specific instance if it determines that the economic impact of compliance is sufficiently great to make compliance impractical. (k) The department may not regulate or attempt to regulate or control the content or method of any instruction or curriculum of a school sponsored by a religious organization. (1) In promulgating minimum standards for the regulation of family homes that register with the department, the department must address the minimum qualifications, education, and training required of a person who operates a family home registered with the department. (m) In determining minimum standards relating to staff-to-child ratios, group sizes, or square footage requirements applicable to nonresidential child-care facilities that provide care for less than 24 hours a day, the department shall, within available appropriations, conduct a comprehensive cost-benefit analysis and economic impact study that includes families and licensed child-care providers. (n) Not later than the 60th day before the date the board adopts a revision to the minimum standards for child-care facilities, the department shall present the revision to the appropriate legislative oversight committees that have jurisdiction over child-care facilities for review and comment. (p) The department by rule shall prescribe minimum training standards for an employee of a regulated child-care facility, including the time required for completing the training. The department may not require an employee to repeat required training if the employee has completed the training within the time prescribed by department rule. The department's local offices shall make available at the local office locations a copy of the rules regarding minimum training standards, information enabling the owner or operator of a regulated facility to apply for training funds from other agencies to lower facility costs, and any other materials the department may develop to assist the owner or operator or other entity in providing the training. Acts 1979, 66th Leg. , p. 2362, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1987, 70th Leg. , ch. 1052, § 4 .04, eff. Sept. 1, 1987; Acts 1995, 74th Leg. , ch. 920, § 10, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 1022, § 24, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1121, § 1, eff. June 19, 1997; Acts 1997, 75th Leg. , ch. 1217, § 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg. , ch. 1129, § 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg. , ch. 218, § 4, eff. Sept. 1, 2001. § 42.0421. MINIMUM TRAINING STANDARDS. (a) The minimum training standards prescribed by the department under Section 42.042 (p) for an employee of a day-care center or group day-care home must include: (1) eight hours of initial training for an employee of a day-care center who has no previous training or employment experience in a regulated child-care facility, to be completed before the employee is given responsibility for a group of children; (2) 15 hours of annual training for each employee of a day-care center or group day-care home, excluding the director, which must include at least six hours of training in one or more of the following areas: (A) child growth and development; (B) guidance and discipline; (C) age-appropriate curriculum; and (D) teacher-child interaction; and (3) 20 hours of annual training for each director of a day-care center or group day-care home, which must include at least six hours of training in one or more of the following areas: (A) child growth and development; (B) guidance and discipline; (C) age-appropriate curriculum; and (D) teacher-child interaction. (b) The minimum training standards prescribed by the department under Section 42.042 (p) must require an employee of a licensed day-care center or group day-care home who provides care for children younger than 24 months of age to receive special training regarding the care of those children. The special training must be included as a component of the initial training required by Subsection (a) (1) and as a one-hour component of the annual training required by Subsections (a) (2) and (a) (3) . The special training must include information on: (1) recognizing and preventing shaken baby syndrome; (2) preventing sudden infant death syndrome; and (3) understanding early childhood brain development. (c) The department by rule shall require an operator of a registered family home who provides care for a child younger than 24 months of age to complete one hour of annual training on: (1) recognizing and preventing shaken baby syndrome; (2) preventing sudden infant death syndrome; and (3) understanding early childhood brain development. (d) Section 42.042 (m) does not apply to the minimum training standards required by this section. Added by Acts 1999, 76th Leg. , ch. 1211, § 1, eff. Jan. 1, 2000. Amended by Acts 2001, 77th Leg. , ch. 169, § 1, eff. Sept. 1, 2001. § 42.0425. ASSESSMENT SERVICES. (a) The department by rule shall regulate assessment services provided by child-care facilities or child-placing agencies. A child-care facility or child-placing agency may not provide assessment services unless specifically authorized by the department. (b) The department by rule shall establish minimum standards for assessment services. The standards must provide that consideration is given to the individual needs of a child, the appropriate place for provision of services, and the factors listed in Section 42.042 (e) . (c) In this section, "assessment services" means the determination of the placement needs of a child who requires substitute care. Added by Acts 1997, 75th Leg. , ch. 1022, § 25, eff. Sept. 1, 1997 . § 42.0426. TRAINING OF PERSONNEL. A licensed facility shall provide training for staff members in: (1) the recognition of symptoms of child abuse, neglect, and sexual molestation and the responsibility and procedure of reporting suspected occurrences of child abuse, neglect, and sexual molestation to the department or other appropriate entity; (2) the application of first aid; and (3) the prevention and spread of communicable diseases. Added by Acts 1997, 75th Leg. , ch. 1022, § 25, eff. Sept. 1, 1997. § 42.0427. PARENTAL VISITATION. All areas of a licensed facility must be accessible to a parent of a child who is receiving care at the facility if the parent visits the child during the facility's hours of operation. Added by Acts 1997, 75th Leg. , ch. 1022, § 25, eff. Sept. 1, 1997. § 42.043. RULES FOR IMMUNIZATIONS. (a) The department shall make rules for the immunization of children in facilities regulated under this chapter. (b) The department shall require that each child at an appropriate age have a test for tuberculosis and be immunized against diphtheria, tetanus, poliomyelitis, mumps, rubella, and rubeola and against any other communicable disease as recommended by the Texas Department of Health. The immunization must be effective on the date of first entry into the facility. However, a child may be provisionally admitted if the required immunizations have begun and are completed as rapidly as medically feasible. (c) The Texas Department of Health shall make rules for the provisional admission of children to facilities regulated under this chapter and may modify or delete any of the immunizations listed in Subsection (b) of this section or require additional immunizations as a requirement for admission to a facility. (d) No immunization may be required for admission to a facility regulated under this chapter if a person applying for a child's admission submits one of the following affidavits: (1) an affidavit signed by a licensed physician stating that the immunization poses a significant risk to the health and well-being of the child or a member of the child's family or household; or (2) an affidavit signed by the child's parent or guardian stating that the applicant declines immunization for reasons of conscience, including a religious belief. (d-1) An affidavit submitted under Section (d) (2) must be on a form described by Section 161.0041, Health and Safety Code, and must be submitted not later than the 90th day after the date the affidavit is notarized. (e) Each regulated facility shall keep an individual immunization record for each child admitted, and the records shall be open for inspection by the department at all reasonable times. (f) The Texas Department of Health shall provide the immunizations required by this section to children in areas where there is no local provision of these services. Acts 1979, 66th Leg. , p. 2362, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1993, 73rd Leg. , ch. 43, § 5, eff. Sept. 1, 1993; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 2003, 78th Leg. , ch. 198, § 2.164, eff. Sept. 1, 2003. § 42.0431. ENFORCEMENT OF SCREENING REQUIREMENTS RELATING TO VISION, HEARING, AND OTHER SPECIAL SENSES AND COMMUNICATION DISORDERS. (a) The department, after consultation with the Texas Department of Health, shall adopt rules necessary to ensure that children receiving care at a day-care center or group day-care home licensed under this chapter are screened for vision, hearing, and any other special senses or communication disorders in compliance with rules adopted by the Texas Board of Health under Section 36.004, Health and Safety Code. (b) Each day-care center or group day-care home licensed under this chapter shall maintain individual screening records for children attending the facility who are required to be screened, and the department may inspect those records at any reasonable time. The department shall coordinate the monitoring inspections in compliance with protocol agreements adopted between the department and the Texas Department of Health pursuant to Section 42.0442. (c) This section does not apply to a day-care center or group day-care home operating under a certificate issued by the department under Subchapter E. Added by Acts 1999, 76th Leg. , ch. 712, § 1, eff. June 18, 1999. § 42.044 . INSPECTIONS. (a) An authorized representative of the department may visit a facility regulated under this chapter or a registered family home during operating hours to investigate, inspect, and evaluate. (b) The department shall inspect all licensed or certified facilities at least once a year and may inspect other facilities or registered family homes as necessary. The department shall investigate a listed family home when the department receives a complaint of abuse or neglect of a child, as defined by Section 261.001, Family Code. At least one of the annual visits must be unannounced and all may be unannounced. (c) The department must investigate a facility regulated under this chapter or a registered family home when a complaint is received. The representative of the department must notify the operator of a registered family home or the director or authorized representative of a regulated facility when a complaint is being investigated and report in writing the results of the investigation to the family home's operator or to the regulated facility's director or the director's authorized representative. (d) The department may call on political subdivisions and governmental agencies for assistance within their authorized fields. Acts 1979, 66th Leg. , p. 2363, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1022, § 27, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 4, eff. Sept. 1, 1997; Acts 2001, 77th Leg. , ch. 218, § 5, eff. Sept. 1, 2001. § 42.0441. INSPECTION RESULTS. Immediately after completing a monitoring inspection of a licensed day-care center, licensed group day-care home, or registered family home under Section 42.044, the authorized representative of the department shall review the results of the monitoring inspection with a representative of the facility and give the facility an opportunity to respond to the inspection results. Added by Acts 1997, 75th Leg. , ch. 253, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1022, § 28, eff. Sept. 1, 1997 . § 42.0442. COORDINATION OF INSPECTIONS; ELIMINATION OF DUPLICATIVE INSPECTIONS. (a) The department shall coordinate monitoring inspections of licensed day-care centers, licensed group day-care homes, and registered family homes performed by another state agency to eliminate redundant inspections. (b) The department shall form an interagency task force with the Texas Department of Health, the Texas Department of Human Services, and the Texas Workforce Commission to develop an inspection protocol that will coordinate inspections by those agencies. The protocol must assign the required items for inspection by each agency and facilitate the sharing of inspection data and compliance history. (c) The interagency task force shall establish an inspection checklist based on the inspection protocol developed under Subsection (b) . Each state agency that inspects a facility listed in Subsection (a) shall use the inspection checklist in performing an inspection. A state agency shall make a copy of the completed inspection checklist available to the facility at the facility's request to assist the facility in maintaining records. (d) The department shall provide to facilities listed in Subsection (a) information regarding inspections, including who may inspect a facility and the purpose of each type of inspection. Added by Acts 1997, 75th Leg. , ch. 253, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1022, § 28, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg. , ch. 169, § 2, eff. Sept. 1, 2001. § 42.0443. INSPECTION INFORMATION DATABASE. Text of section as added by Acts 1997, 75th Leg. , ch. 253, § 1 (a) If feasible using available information systems, the department shall establish a computerized database containing relevant inspection information on licensed day-care centers, licensed group day-care homes, and registered family homes from other state agencies and political subdivisions of the state. (b) The department shall make the data collected by the department available to another state agency or political subdivision of the state for the purpose of administering programs or enforcing laws within the jurisdiction of that agency or subdivision. If feasible using available information systems, the department shall make the data directly available to the Texas Department of Health, the Texas Department of Human Services, and the Texas Workforce Commission through electronic information systems. The department, the Texas Department of Health, the Texas Department of Human Services, and the Texas Workforce Commission shall jointly plan the development of child-care inspection databases that, to the extent feasible, are similar in their design and architecture to promote the sharing of data. (c) The department may provide inspection data on licensed day-care centers, licensed group day-care homes, or registered family homes to the public if the department determines that providing inspection data enhances consumer choice with respect to those facilities. Added by Acts 1997, 75th Leg. , ch. 253, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1022, § 28, eff. Sept. 1, 1997. For text of section as added by Acts 2003, 78th Leg. , ch. 709, § 1, see § 42.0443, post. § 42.0443. COORDINATION OF FIRE SAFETY AND SANITATION INSPECTIONS. Text of section as added by Acts 2003, 78th Leg. , ch. 709, § 1. (a) The department may not inspect a licensed day-care center, licensed group day-care home, or registered family home for compliance with the department's fire safety or sanitation standards if the facility, at the time of the department's inspection, provides the department with documentation relating to a current fire safety or sanitation inspection, as applicable, performed by a political subdivision of this state that indicates that the facility is in compliance with the applicable standards of the political subdivision. (b) If the documentation provided under Subsection (a) indicates that the facility was required to take corrective action or that the political subdivision imposed a restriction or condition on the facility, the department shall determine whether the facility took the required corrective action or complied with the restriction or condition. (c) The department may inspect a facility subject to this section for compliance with the department's fire safety or sanitation standards if: (1) the facility does not provide the documentation described by Subsection (a) ; or (2) the department determines that the facility did not take a corrective action or comply with a restriction or condition described by Subsection (b) . (d) Notwithstanding any other provision of this section, the department shall report to the appropriate political subdivision any violation of fire safety or sanitation standards observed by the department at a facility subject to this section. (e) The department shall adopt rules necessary to implement this section. Added by Acts 2003, 78th Leg. , ch. 709, § 1, eff. Sept. 1, 2003. For text of section as added by Acts 1997, 75th Leg. , ch. 253, § 1, see § 42.0443, ante. § 42.0445. REQUIRED BACKGROUND SEARCH OF CENTRAL REGISTRY OF REPORTED CASES OF CHILD ABUSE OR NEGLECT. (a) Before the department issues or renews a license, registration, or certification under this subchapter, the department shall search the central registry of reported cases of child abuse or neglect established under Section 261.002, Family Code, to determine whether the applicant or the owner or an employee of the facility or family home is listed in the registry as a person who abused or neglected a child. (b) The department may adopt rules to implement this section. Added by Acts 1997, 75th Leg. , ch. 1022, § 29, eff. Sept. 1, 1997 . § 42.045. RECORDS. (a) A person who operates a licensed or certified facility shall maintain individual child development records, individual health records, statistical records, and complete financial records. (b) A person who provides adoption services under a license to operate a child-placing agency shall furnish information required by the department to determine whether adoption related income and disbursements are reasor..able, appropriate, and in compliance with the department's minimum standards. (c) If a child-placing agency terminates operation as a child-placing agency, it shall, after giving notice to the department, transfer its files and records concerning adopted children, their biological families, and their adoptive families to the Bureau of Vital Statistics or, after giving notice to the Bureau of Vital Statistics, to a facility licensed by the department to place children for adoption. Acts 1979, 66th Leg. , p. 2363, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg. , p. 1782, ch. 342, § 2, eff. Jan. 1, 1984; Acts 1989, 71st Leg. , ch. 707, § 1, eff. Sept. 1, 1989; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1999, 76th Leg. , ch. 1129, § 2, eff. Sept. 1, 1999. § 42.046. APPLICATION FOR LICENSE, LISTING, OR REGISTRATION. (a) An applicant for a license to operate a child-care facility or child-placing agency or for a listing or registration to operate a family home shall submit to the department the appropriate fee prescribed by Section 42.054 and a completed application on a form provided by the department. (b) The department shall supply the applicant the application form and a copy of the appropriate minimum standards, if applicable. (c) After receiving an application, the department shall investigate the applicant and the plan of care for children, if applicable. (d) The department shall complete the investigation and decide on an application within two months after the date the department receives a completed application. Acts 1979, 66th Leg. , p. 2363, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1985, 69th Leg. , ch. 212, § 1, eff. Sept. 1, 1985; Acts 1985, 69th Leg. , ch. 239, § 4, eff. Sept. 1, 1985; Acts 1997, 75th Leg. , ch. 1022, § 30, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 5, eff. Sept. 1, 1997. § 42.0461. PUBLIC NOTICE AND HEARING IN CERTAIN COUNTIES: RESIDENTIAL CHILD CARE. (a) Before the department may issue a license, other than a renewal license, or certificate to operate under Subchapter E for the operation or the expansion of the capacity of a foster group home or foster family home that is located in a county with a population of less than 300, 000 and that provides child care for 24 hours a day at a location other than the actual residence of a child's primary caretaker or of a child care institution, the applicant for the license, certificate, or expansion shall, at the applicant's expense: (1) conduct a public hearing on the application in accordance with department rules after notifying the department of the date, time, and location of the hearing; and (2) publish notice of the application in a newspaper of general circulation in the community in which the child-care services are proposed to be provided. (b) The notice required by Subsection (a) (2) must be published at least 10 days before the date of the public hearing required by Subsection (a) (1) and must include: (1) the name and address of the applicant; (2) the address at which the child-care services are proposed to be provided; (3) the date, time, and location of the public hearing; (4) the name, address, and telephone number of the department as the licensing authority; and (5) a statement informing the public that a person may submit written comments to the department concerning the application instead of or in addition to appearing at the public hearing. (c) The department shall require a representative of the department to attend the public hearing in an official capacity for the purpose of receiving public comments on the application. (d) Before issuing a license or certificate described by Subsection (a) , the department shall consider: (1) the amount of local resources available to support children proposed to be served by the applicant; (2) the impact of the proposed child-care services on the ratio in the local school district of students enrolled in a special education program to students enrolled in a regular education program and the effect, if any, on the children proposed to be served by the applicant; and (3) the impact of the proposed child-care services on the community and the effect on opportunities for social interaction for the children proposed to be served by the applicant. (e) The department may deny the application if the department determines that: (1) the community has insufficient resources to support children proposed to be served by the applicant; (2) granting the application would significantly increase the ratio in the local school district of students enrolled in a special education program to students enrolled in a regular education program and the increase would adversely affect the children proposed to be served by the applicant; or (3) granting the application would have a significant adverse impact on the community and would limit opportunities for social interaction for the children proposed to be served by the applicant. (f) A child-placing agency that proposes to verify an agency home or agency group home that is located in a county with a population of less than 300, 000 that provides child care for 24 hours a day at a location other than the actual residence of a child's primary caretaker shall: (1) comply with the notice and hearing requirements imposed by Subsections (a) and (b) ; and (2) after conducting the required public hearing, provide the department with information relating to the considerations specified in Subsection (d) . (g) The department may prohibit the child-placing agency from verifying the proposed agency home or agency group home on the same grounds that the department may deny an application under Subsection (e) . Added by Acts 1997, 75th Leg. , ch. 1022, § 31, eff. Sept. 1, 1997 . § 42.047. CONSULTATIONS. (a) The department shall offer consultation to potential applicants, applicants, and license, listing, registration, and certification holders about meeting and maintaining standards for licensing, listing, registration, and certification and achieving programs of excellence in child care. (b) The department shall offer consultation to prospective and actual users of facilities or homes. Acts 1979, 66th Leg. , p. 2364, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 6, eff. Sept. 1, 1997. § 42.048. LICENSING. (a) The department shall issue a license after determining that an applicant has satisfied all requirements. (b) When issuing a license, the department may impose restrictions on a facility, including but not limited to the number of children to be served and the type of children to be served. (c) The department may grant a variance of an individual standard set forth in the applicable standards for good and just cause. (d) A license holder must display a license issued under this chapter in a prominent place at the facility. (e) A license issued under this chapter is not transferable and applies only to the operator and facility location stated in the license application. A change in location or ownership automatically revokes a license. (f) A license must be issued if the department determines that a facility meets all requirements. The evaluation shall be based on one or more visits to the facility and a review of required forms and records. A license is valid until revoked or surrendered. Acts 1979, 66th Leg. , p. 2364, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1987, 70th Leg. , ch. 1081, § 1, eff. Sept. 1, 1987 . Renumbered from V.T.C.A. , Human Resources Code § 42.049 and amended by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997 . § 42.049. LIABILITY INSURANCE REQUIRED. (a) A license holder shall maintain liability insurance coverage in the amount of $300, 000 for each occurrence of negligence. An insurance policy or contract required under this section must cover injury to a child that occurs while the child is on the premises of the license holder or in the care of the license holder. (b) A license holder shall file with the department a certificate or other evidence from an insurance company showing that the license holder has an unexpired and uncancelled insurance policy or contract that meets the requirements of this section. (c) Should the license holder for financial reasons or for lack of availability of an underwriter willing to issue a policy be unable to secure the insurance required under Subsection (a) or should the policy limits be exhausted, the license holder shall notify the parent or a person standing in parental relationship to each child for whom the license holder provides care a written notice that the liability coverage is not provided and there will not be a ground for suspension or revocation of the license holder's license under this chapter. The license holder shall also notify the department that the coverage is not provided and provide the reason for same. In no case shall the inability to secure coverage serve to indemnify the license holder for damages due to negligence. (d) The insurance policy or contract shall be maintained at all times in an amount as required by this section. Failure by a license holder to renew the policy or contract or to maintain the policy or contract in the required amount is a ground for suspension or revocation of the license holder's license under this chapter. (e) This section does not apply to a group day-care home or a listed or registered family home. Added by Acts 1993, 73rd Leg. , ch. 1002, § 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg. , ch. 1217, § 7, eff. Sept. 1, 1997. Renumbered from V.T.C.A. , Human Resources § 42.0491 and amended by Acts 1997 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997. § 42.050. LICENSE RENEWAL. (a) A license holder may apply for a new license in compliance with the requirements of this chapter and the rules promulgated by the department. (b) The application for a new license must be completed and decided on by the department before the expiration of the license under which a facility is operating. (c) The department shall evaluate the application for a new license to determine if all licensing requirements are met. The evaluation may include a specified number of visits to the facility and must include a review of all required forms and records. Amended by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997 . § 42.0505. RENEWAL OF LICENSE. (a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required annual fee to the department before the expiration date of the license. A person whose license has expired may not engage in activities that require a license until the license has been renewed under the provisions of this section. (b) If the person's license has been expired for 90 days or less, the person may renew the license by paying to the department 1-1/2 times the required annual fee. (c) If the person's license has been expired for longer than 90 days but less than one year, the person may renew the license by paying to the department two times the required annual fee. (d) If the person's license has been expired for one year or longer, the person may not renew the license. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. (e) At least 30 days before the expiration of a person' s license, the department shall send written notice of the impending license expiration to the person at the license holder's last known address according to the records of the department. Added by Acts 1997, 75th Leg. , ch. 1022, § 26, eff. Sept. 1, 1997. § 42.051. PROVISIONAL LICENSE. (a) The department shall issue a provisional license when a facility's plans meet the department's licensing requirements and one of the following situations exists: (1) the facility is not currently operating; (2) the facility has relocated and has made changes in the type of child-care service it provides; or (3) there is a change in ownership of the facility resulting in changes in policy and procedure or in the staff who have direct contact with the children. (b) A provisional license is valid for six months from the date it is issued and may be renewed for an additional six months. Acts 1979, 66th Leg. , p. 2365, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1989, 71st Leg. , ch. 707, § 2, eff. Sept. 1, 1989; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997 . § 42.052. CERTIFICATION, LISTING, AND REGISTRATION. (a) A state-operated child-care facility or child-placing agency must receive certification of approval from the department. The certification of approval remains valid until revoked or surrendered. (b) To be certified, a facility must comply with the department's rules and standards and any provisions of this chapter that apply to a licensed facility of the same category. The operator of a certified facility must display the certification in a prominent place at the facility. (c) A family home that provides care for compensation for three or fewer children, excluding children who are related to the caretaker, shall list with the department if the home provides regular care in the caretaker's own residence. The home may register with the department. (d) A family home that provides care for four or more children, excluding children who are related to the caretaker, shall register with the department. A family home that provides care exclusively for any number of children who are related to the caretaker is not required to be listed or registered with the department. (e) A registration or listing remains valid until revoked or surrendered. The operator of a registered home must display the registration in a prominent place at the home. (f) To remain listed or registered with the department, a family home must comply with the department's rules and standards, if applicable, and any provision of this chapter that applies to a listed or registered family home. (g) The certification requirements of this section do not apply to a Texas Youth Commission facility, a Texas Juvenile Probation Commission facility, or a facility providing services solely for the Texas Youth Commission. (h) The certification requirements of this section do not apply to a juvenile detention facility certified under Section 51.12, Family Code, or Section 141.042 (d) . (i) The department shall provide to a listed family home a copy of the listing. A listing must contain a provision that states: "THIS HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR REGISTERED WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES. IT HAS NOT BEEN INSPECTED AND WILL NOT BE INSPECTED. " The operator of a listed home is not required to display the listing in a prominent place at the home but shall make the listing available for examination. The department by rule shall provide for a sufficient period to allow operators of family homes to comply with the listing requirement of this section. (j ) The operator of a listed family home shall undergo initial and subsequent background and criminal history checks required under Section 42.056. (k) The department shall issue a listing or registration to a family home, as appropriate, in both English and Spanish when the most recent federal census shows that more than one-half of the population in a municipality or in a commissioners precinct in a county in which the family home is located is of Hispanic origin or Spanish-speaking. Acts 1979, 66th Leg. , p. 2365, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg. , p. 2813, ch. 759, § 4, eff. Aug. 31, 1981; Acts 1985, 69th Leg. , ch. 212, § 2, eff. Sept. 1, 1985; Acts 1985, 69th Leg. , ch. 915, § 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg. , ch. 1052, § 4 .06, eff. Sept. 1, 1987; Acts 1989, 71st Leg. , ch. 707, § 3, eff. Sept. 1, 1989; Acts 1995, 74th Leg. , ch. 76, § 8.023, eff. Sept. 1, 1995; Acts 1995, 74th Leg. , ch. 262, § 55, eff. Jan. 1, 1996; Acts 1997, 75th Leg. , ch. 1022, § 32, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 8, eff. Sept. 1, 1997; Acts 2001, 77th Leg. , ch. 218, § 6 to 8, eff. Sept. 1, 2001. § 42.0521. DEPOSIT OF FEES. The fees authorized by this chapter and received by the department shall be deposited in the general revenue fund. Added by Acts 1985, 69th Leg. , ch. 239, § 5, eff. Sept. 1, 1985. § 42.0522. PUBLIC ADVERTISING OF FAMILY HOMES. (a) A family home may not place a public advertisement that uses the title "registered family home" or any variation of that phrase unless the home is registered under this chapter. Any public advertisement for a registered family home that uses the title "registered family home" must contain a provision in bold type stating: "THIS HOME IS REGISTERED WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES BUT IS NOT LICENSED OR REGULARLY INSPECTED. " (b) A family home may not place a public advertisement that uses the title "listed family home" or any variation of that phrase unless the home is listed as provided by this chapter. Any public advertisement for a listed family home that uses the title "listed family home" must contain a provision in bold type stating: "THIS HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR REGISTERED WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES. IT HAS NOT BEEN INSPECTED AND WILL NOT BE INSPECTED. " Added by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 9, eff. Sept. 1, 1997. § 42.053. AGENCY FOSTER HOMES AND AGENCY FOSTER GROUP HOMES. (a) An agency foster home or agency foster group home is considered part of the child-placing agency that operates the agency foster home or agency foster group home for purposes of licensing. (b) The operator of a licensed agency shall display a copy of the license in a prominent place in the agency foster home or agency foster group home used by the agency. (c) An agency foster home or agency foster group home shall comply with all provisions of this chapter and all department rules and standards that apply to a child-care facility caring for a similar number of children for a similar number of hours each day. (d) The department shall revoke or suspend the license of a child-placing agency if an agency foster home or agency foster group home operated by the licensed agency fails to comply with Subsection (c) of this section. Acts 1979, 66th Leg. , p. 2365, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1987, 70th Leg. , ch. 1052, § 4 .07, eff. Sept. 1, 1987; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997 . § 42.0535. REQUIRED INFORMATION FOR VERIFICATION. (a) A child-placing agency that seeks to verify an agency home or an agency group home shall request background information about the agency home or group home from a child-placing agency that has previously verified that agency home or agency group home. (b) Notwithstanding Section 261.201, Family Code, a child-placing agency that has verified an agency home or an agency group home is required to release to another child-placing agency background information requested under Subsection (a) . (c) A child-placing agency that releases background information under this section is immune from civil and criminal liability for the release of the information. (d) For purposes of this section, background information means the home study under which the agency home or agency group home was verified by the previous child-placing agency and any record of noncompliance with state minimum standards received and the resolution of any such noncompliance by the previous child-placing agency. Added by Acts 1997, 75th Leg. , ch. 575, § 36 (a) , eff. Sept. 1, 1997 . § 42.054 . FEES. (a) The department shall charge an applicant a nonrefundable application fee of $35 for an initial license to operate a child-care facility or a child-placing agency. (b) The department shall charge each child-care facility a fee of $35 for a provisional license. The department shall charge each child-placing agency a fee of $50 for a provisional license. (c) The department shall charge each licensed child-care facility an annual license fee in the amount of $35 plus $1 for each child the child-care facility is permitted to serve. The fee is due on the date on which the department issues the child-care facility's initial license and on the anniversary of that date. (d) The department shall charge each licensed child-placing agency an annual license fee of $100. The fee is due on the date on which the department issues the child-placing agency's initial license and on the anniversary of that date. (e) The department shall charge each family home that is listed or registered with the department an annual fee to cover a part of the department's cost in regulating family homes. The amount of the fee is $20 for a listed home or $35 for a registered home. The fee is due on the date on which the department initially lists or registers the home and on the anniversary of that date. (f) If a facility, agency, or home fails to pay the annual fee when due, the license, listing, or registration, as appropriate, is suspended until the fee is paid. (g) The provisions of Subsections (b) through (f) of this section do not apply to: (1) licensed foster homes and licensed foster group homes; (2) nonprofit facilities regulated under this chapter that provided 24-hour care for children in the managing conservatorship of the department during the 12-month period immediately preceding the anniversary date of the facility's license; or (3) facilities operated by a nonprofit corporation or foundation that provides 24-hour residential care and does not charge for the care provided. Amended by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 10, 11, eff. Sept. 1, 1997. § 42.055. SIGN POSTING. (a) Each child-care facility shall post in a location that is conspicuous to all employees and customers a sign that includes: (1) a description of the provisions of the Family Code relating to the duty to report child abuse or neglect; (2) a description of the penalties for violating the reporting provisions of the Family Code; and (3) a brief description of sudden infant death syndrome, shaken-baby syndrome, and childhood diabetes and methods for preventing those phenomena. (b) The department by rule shall determine the design, size, and wording of the sign. (c) The department shall provide the sign to each child-care facility without charge. (d) A person who operates a child-care facility commits an offense if the department provides a sign to the facility as provided by this section and the person intentionally fails to display the sign in the facility as prescribed by this section. An offense under this subsection is a Class C misdemeanor. Added by Acts 1989, 71st Leg. , 1st C.S. , ch. 20, § 1, eff. Nov. 1, 1989. Amended by Acts 1997, 75th Leg. , ch. 165, § 7.47, eff. Sept. 1, 1997 . Renumbered from V.T.C.A. , Human Resources Code § 42.056 and amended by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997 . Amended by Acts 2001, 77th Leg. , ch. 221, § 1, eff. Sept. 1, 2001. § 42.056. REQUIRED BACKGROUND AND CRIMINAL HISTORY CHECKS. (a) In accordance with rules adopted by the department, the director, owner, or operator of a child-care facility or family home shall, when applying to operate a child-care facility or when listing or registering a family home and at least once during each 24 months after receiving a license, listing, registration, or certification of approval, submit to the department for use in conducting background and criminal history checks: (1) the name of the director, owner, and operator of the facility or home, and the name of each person employed at the facility or home; and (2) the name of each person 14 years of age or older who will regularly or frequently be staying or working at the facility or home while children are being provided care. (b) The department shall conduct background and criminal history checks using: (1) the information provided under Subsection (a) ; (2) the information made available by the Department of Public Safety under Section 411. 114, Government Code, or by the Federal Bureau of Investigation or other criminal justice agency under Section 411.087, Government Code; and (3) the department's records of reported abuse and neglect. (c) The department by rule shall require a child-care facility or registered family home to pay to the department a fee in an amount not to exceed the administrative costs the department incurs in conducting a background and criminal history check under this section. Amended by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997 . § 42.058. COMPETITIVE BIDDING OR ADVERTISING RULES. (a) The board may not adopt rules restricting competitive bidding or advertising by a license holder or registration holder except to prohibit false, misleading, or deceptive practices or to prevent a violation of this chapter. (b) In its rules to prohibit false, misleading, or deceptive practices, the board may not include a rule that: (1) restricts the use of any medium for advertising; (2) restricts the use of a license holder's or registration holder's personal appearance or voice in an advertisement; (3) relates to the size or duration of an advertisement by the license holder or registration holder; or (4) restricts the license holder's or registration holder's advertisement under a trade name. Added by Acts 1997, 75th Leg. , ch. 1022, § 33, eff. Sept. 1, 1997 . § 42.059. REQUIRED AFFIDAVIT FOR APPLICANTS FOR EMPLOYMENT WITH FACILITY OR REGISTERED FAMILY HOME. (a) An applicant for temporary or permanent employment with a licensed facility or registered family home whose employment or potential employment with the facility or home involves direct interactions with or the opportunity to interact and associate with children must execute and submit the following affidavit with the application for employment: STATE OF COUNTY OF I swear or affirm under penalty of perjury that I do not now and I have not at any time, either as an adult or as a juvenile: 1. Been convicted of; 2. Pleaded guilty to (whether or not resulting in a conviction) ; 3. Pleaded nolo contendere or no contest to; 4. Admitted; 5. Had any judgment or order rendered against me (whether by default or otherwise) ; 6. Entered into any settlement of an action or claim of; 7. Had any license, certification, employment, or volunteer position suspended, revoked, terminated, or adversely affected because of; 8 . Resigned under threat of termination of employment or volunteerism for; 9. Had a report of child abuse or neglect made and substantiated against me for; or 10. Have any pending criminal charges against me in this or any other jurisdiction for; Any conduct, matter, or thing (irrespective of formal name thereof) constituting or involving (whether under criminal or civil law of any jurisdiction) : 1. Any felony; 2. Rape or other sexual assault; 3. Physical, sexual, emotional abuse and/or neglect of a minor; 4 . Incest; 5. Exploitation, including sexual, of a minor; 6. Sexual misconduct with a minor; 7. Molestation of a child; 8. Lewdness or indecent exposure; 9. Lewd and lascivious behavior; 10. Obscene or pornographic literature, photographs, or videos; 11. Assault, battery, or any violent offense involving a minor; 12. Endangerment of a child; 13. Any misdemeanor or other offense classification involving a minor or to which a minor was a witness; 14 . Unfitness as a parent or custodian; 15. Removing children from a state or concealing children in violation of a court order; 16. Restrictions or limitations on contact or visitation with children or minors resulting from a court order protecting a child or minor from abuse, neglect, or exploitation; or 17 . Any type of child abduction. Except the following (list all incidents, location, description, and date) (if none, write NONE) Signed Date Subscribed and sworn to (or affirmed) before me this day of Signature of notarial officer (seal, if any, of notarial officer) My commission expires: (b) The failure or refusal of the applicant to sign or provide the affidavit constitutes good cause for refusal to hire the applicant. Added by Acts 1997, 75th Leg. , ch. 1022, § 33, eff. Sept. 1, 1997 . Amended by Acts 1999, 76th Leg. , ch. 1129, § 3, eff. Sept. 1, 1999. § 42.060. CARBON MONOXIDE DETECTORS. (a) In this section, "carbon monoxide detector" means a device that detects and sounds an alarm to indicate the presence of a harmful level of carbon monoxide gas. (b) Except as provided by Subsection (d) , each day-care center, group day-care home, and family home must be equipped with carbon monoxide detectors in accordance with department rules. (c) The department by rule shall prescribe requirements regarding the placement, installation, and number of carbon monoxide detectors and maintenance procedures for those detectors. (d) A day-care center is exempt from the carbon monoxide detector requirements prescribed by this section if the day-care center is located in a school facility that is subject to the school facility standards adopted by the commissioner of education under Section 46.008, Education Code, or similar safety standards adopted by the board of a local school district. Added by Acts 2003, 78th Leg. , ch. 127, § 1, eff. Sept. 1, 2003. SUBCHAPTER D. REMEDIES § 42.0705. RANGE OF PENALTIES. The department shall revoke, suspend, or refuse to renew a license or registration, place on probation a person whose license or registration has been suspended, or reprimand a license holder or registration holder for a violation of this chapter or a rule of the board. If a license or registration suspension is probated, the department may require the license holder or registration holder to: (1) report regularly to the department on matters that are the basis of the probation; (2) limit services to the areas prescribed by the department; (3) continue or review professional education until the license holder or registration holder attains a degree of skill satisfactory to the department in those areas that are the basis of the probation; or (4) take corrective action relating to the violation on which the probation is based. Added by Acts 1997, 75th Leg. , ch. 1022, § 34, eff. Sept. 1, 1997 . § 42.071. SUSPENSION, EVALUATION, OR PROBATION OF LICENSE OR REGISTRATION. (a) The department may suspend the license of a facility or the registration of a family home that has temporarily ceased operation but has definite plans for starting operations again within the time limits of the issued license or registration. (b) The department may suspend a facility's license or a family home's registration for a definite period rather than deny or revoke the license or registration if the department finds repeated noncompliance with standards that do not endanger the health and safety of children. To qualify for license or registration suspension under this subsection, a facility or family home must suspend its operations and show that standards can be met within the suspension period. (c) If the department finds a facility or family home is in repeated noncompliance with standards that do not endanger the health and safety of children, the department may schedule the facility or family home for evaluation or probation rather than suspend or revoke the facility's license or the family home's registration. The department shall provide notice to the facility or family home of the evaluation or probation and of the items of noncompliance not later than the 10th day before the evaluation or probation period begins. The department shall designate a period of not less than 30 days during which the facility or family home will remain under evaluation. During the evaluation or probation period, the facility or family home must correct the items that were in noncompliance and report the corrections to the department for approval. (d) The department shall revoke the license of a facility or the registration of a family home that does not comply with standards at the end of a license or registration suspension. (e) The department may suspend or revoke the license of a facility or the registration of a family home that does not correct items that were in noncompliance or that does not comply with required standards within the applicable evaluation or probation period. Acts 1979, 66th Leg. , p. 2365, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg. , p. 111, ch. 23, § 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg. , ch. 1081, § 2, eff. Sept. 1, 1987; Acts 1997, 75th Leg. , ch. 1022, § 35, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997 . § 42.0715. COSTS CHARGED TO FACILITY OR FAMILY HOME. The department may charge a facility or family home for reimbursement of the reasonable cost of services provided by the department in formulating, monitoring, and implementing a corrective action plan for the facility or family home. Added by Acts 1997, 75th Leg. , ch. 1022, § 36, eff. Sept. 1, 1997. § 42.072. LICENSE, LISTING, OR REGISTRATION DENIAL, SUSPENSION, OR REVOCATION. (a) The department may suspend, deny, revoke, or refuse to renew the license, listing, registration, or certification of approval of a facility or family home that does not comply with the requirements of this chapter, the standards and rules of the department, or the specific terms of the license, listing, registration, or certification. The department may revoke the probation of a person whose license, listing, or registration is suspended if the person violates a term of the conditions of probation. (b) If the department proposes to take an action under Subsection (a) , the person is entitled to a hearing conducted by the State Office of Administrative Hearings. Proceedings for a disciplinary action are governed by the administrative procedure law, Chapter 2001, Government Code. Rules of practice adopted by the board under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings. (c) A person whose license, listing, registration, or certification is revoked may not apply for any license, listing, registration, or certification under this chapter before the second anniversary of the date on which the revocation takes effect by department or court order. (d) The department by rule may provide for denial of an application or renewal for a licensed facility or for listing or registering a family home or may revoke a facility's license or a family home's listing or registration based on findings of background or criminal history as a result of a background or criminal history check. (e) A person may continue to operate a facility or family home during an appeal of a license, listing, or registration denial or revocation unless the revocation or denial is based on a violation which poses a risk to the health or safety of children. The department shall by rule establish the violations which pose a risk to the health or safety of children. The department shall notify the facility or family home of the violation which poses a risk to health or safety and that the facility or family home may not operate. A person who has been notified by the department that the facility or home may not operate under this section may seek injunctive relief from a district court in Travis County or in the county in which the facility or home is located to allow operation during the pendency of an appeal. The court may grant injunctive relief against the agency's action only if the court finds that the child-care operation does not pose a health or safety risk to children. A court granting injunctive relief under this subsection shall have no other jurisdiction over an appeal of final agency action unless conferred by Chapter 2001, Government Code. (f) The department shall deny an application or renewal for listing or registering a family home or shall revoke a family home's listing or registration if the results of a background or criminal history check conducted by the department under Section 42. 056 show that a person has been convicted of an offense under Title 5, or 6, Penal Code, or Chapter 43, Penal Code. Acts 1979, 66th Leg. , p. 2365, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg. , p. 111, ch. 23, § 2, eff. Aug. 29, 1983; Acts 1993, 73rd Leg. , ch. 977, § 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg. , ch. 76, § 5. 95 (49) , eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 1022, § 37, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 13, eff. Sept. 1, 1997; Acts 2001, 77th Leg. , ch. 218, § 11, eff. Sept. 1, 2001. § 42.073. EMERGENCY SUSPENSION AND CLOSURE OF A FACILITY OR FAMILY HOME. (a) The department shall suspend a facility's license or a family home's listing or registration and order the immediate closing of the facility or family home if: (1) the department finds the facility or family home is operating in violation of the applicable standards prescribed by this chapter; and (2) the violation creates an immediate threat to the health and safety of the children attending or residing in the facility or family home. (b) An order suspending a license, listing, or registration and an order closing a facility or family home under this section is immediately effective on the date on which the holder of the license, listing, or registration receives written notice or on a later date specified in the order. (c) An order is valid for 10 days after the effective date of the order. Acts 1979, 66th Leg. , p. 2366, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1993, 73rd Leg. , ch. 977, § 2, eff. Sept. 1, 1993; Acts 1995, 74th Leg. , ch. 76, § 5. 95 (49) , eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 1022, § 38, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 14, eff. Sept. 1, 1997. § 42.074 . INJUNCTIVE RELIEF. (a) When it appears that a person has violated, is violating, or is threatening to violate the licensing, certification, listing, or registration requirements of this chapter or the department's licensing, certification, listing, or registration rules and standards, the department may file a suit in a district court in Travis County or in the county where the facility or family home is located for assessment and recovery of civil penalties under Section 42.075, for injunctive relief, including a temporary restraining order, or for both injunctive relief and civil penalties. (b) The district court shall grant the injunctive relief the facts may warrant. (c) At the department's request, the attorney general or the county or district attorney of the county in which the facility or family home is located shall conduct a suit in the name of the State of Texas for injunctive relief, to recover the civil penalty, or for both injunctive relief and civil penalties as authorized by Subsection (a) . (d) Injunctive relief provided by this section is in addition to any other action, proceeding, or remedy authorized by law. It is not necessary to allege or prove in an action filed under this section that an adequate remedy at law does not exist or that substantial or irreparable harm would result from the continued violation. (e) The department is not required to give an appeal bond in an action arising under this section. Acts 1979, 66th Leg. , p. 2367, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1987, 70th Leg. , ch. 1052, § 4 .09, eff. Sept. 1, 1987; Acts 1997, 75th Leg. , ch. 1022, § 39, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 15, eff. Sept. 1, 1997 . § 42.075. CIVIL PENALTY. (a) A person is subject to a civil penalty of not less than $50 nor more than $100 for each day of violation and for each act of violation if the person: (1) threatens serious harm to a child in a facility or family home by violating a provision of this chapter or a department rule or standard; (2) violates a provision of this chapter or a department rule or standard three or more times within a 12-month period; or (3) places a public advertisement for an unlicensed facility or an unlisted or unregistered family home. (b) The civil penalty authorized by this section is cumulative and in addition to the criminal penalties and injunctive relief provided by this chapter. Acts 1979, 66th Leg. , p. 2367, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1997, 75th Leg. , ch. 1022, § 40, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 16, eff. Sept. 1, 1997. § 42.076. CRIMINAL PENALTIES. (a) A person who operates a child-care facility or child-placing agency without a license commits a Class B misdemeanor. (b) A person who operates a family home without a required listing or registration commits a Class B misdemeanor. (c) A person who places a public advertisement for an unlicensed facility or an unlisted or unregistered family home commits a Class C misdemeanor. (d) It is not an offense under this section if a professional provides legal or medical services to: (1) a parent who identifies the prospective adoptive parent and places the child for adoption without the assistance of the professional; or (2) a prospective adoptive parent who identifies a parent and receives placement of a child for adoption without assistance of the professional. Acts 1979, 66th Leg. , p. 2367, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1985, 69th Leg. , ch. 915, § 2, eff. Sept. 1, 1985; Acts 1995, 74th Leg. , ch. 411, § 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 664, § 5, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1022, § 41, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 17, eff. Sept. 1, 1997 . § 42.077. NOTICE OF ACTION AGAINST FACILITY OR FAMILY HOME. (a) If the department revokes or suspends a facility's license or a family home's listing or registration, the department shall publish notice of this action in a newspaper of general circulation in the county in which the facility or family home is located. The newspaper shall place the notice in the section in which advertisements for day-care services are normally published. (b) If a person who operates a facility or family home that has had its license, listing, or registration revoked or suspended later applies for a new license, listing, or registration to operate the same facility or family home, the department shall charge the person an application fee in an amount necessary to reimburse the department for the cost of the notice relating to that facility or family home. (c) The department shall pay for publication of the notice from funds appropriated to the department for licensing and regulating child-care facilities and for listing, registering, and regulating family homes and from appeal and application fees collected under Subsection (b) and appropriated to the department. (d) A facility or family home that has its license, listing, or registration revoked or suspended shall mail notification of this action by certified mail to the parents or guardian of the child served by the facility or family home. The facility or family home shall mail the notification within five days of the effective date of the revocation or suspension of the license, listing, or registration. (e) When the most recent federal census shows that more than one-half of the population in a municipality or in a commissioners precinct in a county in which a family home whose listing or registration has been revoked or suspended is located is of Hispanic origin or Spanish-speaking, the department shall publish the notice under Subsection (a) in both English and Spanish. Amended by Acts 1997, 75th Leg. , ch. 1022, § 42, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 18, eff. Sept. 1, 1997. § 42.078 . ADMINISTRATIVE PENALTY. (a) The department may impose an administrative penalty against a facility or family home licensed or registered under this chapter that violates this chapter or a rule or order adopted under this chapter. Nonmonetary, administrative penalties or remedies including but not limited to corrective action plans, probation, and evaluation periods shall be imposed when appropriate before monetary penalties. (b) Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. The penalty for a violation may be in an amount not to exceed the following limits, based on the number of children receiving care at the facility or family home at the time of the violation: Number of children Maximum amount of penalty 20 or less $20 21-40 $30 41-60 $40 61-80 $50 81-100 $75 More than 100 $100 (c) The amount of the penalty shall be based on: (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited acts, and the hazard or potential hazard created to the health, safety, or economic welfare of the public; (2) the economic harm to property or the environment caused by the violation; (3) the history of previous violations; (4) the amount necessary to deter future violations; (5) efforts to correct the violation; and (6) any other matter that justice may require. (d) Monetary penalties shall not be assessed for violations of clerical errors or standards which do not clearly apprise the facility or family home of the action required by the standard. (e) If the executive director determines that a violation has occurred, the executive director may issue a recommendation on the imposition of a penalty, including a recommendation on the amount of the penalty. (f) Within 14 days after the date the recommendation is issued, the executive director shall give written notice of the recommendation to the person owning or operating the facility. The notice may be given by certified mail. The notice must include a brief summary of the alleged violation and a statement of the amount of the recommended penalty and must inform the person that the person has a right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty. (g) Within 20 days after the date the person receives the notice, the person in writing may accept the determination and recommended penalty of the executive director or may make a written request for a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty. (h) If the person accepts the determination and recommended penalty of the executive director or fails to respond to the notice in a timely manner, the executive director shall issue an order and impose the recommended penalty. (i) If the person requests a hearing, the executive director shall set a hearing and give notice of the hearing to the person. The hearing shall be held by an administrative law judge of the State Office of Administrative Hearings. The administrative law judge shall make findings of fact and conclusions of law and issue a final decision finding that a violation has occurred and imposing a penalty or finding that no violation occurred. (j ) The notice of the administrative law judge's order given to the person under Chapter 2001, Government Code, must include a statement of the right of the person to judicial review of the order. (k) Within 30 days after the date the administrative law judge's order becomes final as provided by Section 2001. 144, Government Code, the person shall: (1) pay the amount of the penalty; (2) pay the amount of the penalty and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty; or (3) without paying the amount of the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty. (1) Within the 30-day period, a person who acts under Subsection (k) (3) may: (1) stay enforcement of the penalty by: (A) paying the amount of the penalty to the court for placement in an escrow account; or (B) giving to the court a supersedeas bond that is approved by the court for the amount of the penalty and that is effective until all judicial review of the order is final; or (2) request the court to stay enforcement of the penalty by: (A) filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the amount of the penalty and is financially unable to give the supersedeas bond; and (B) giving a copy of the affidavit to the executive director by certified mail. (m) On receipt of a copy of an affidavit under Subsection (1) (2) , the executive director may file with the court, within five days after the date the copy is received, a contest to the affidavit. The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true. The person who files an affidavit has the burden of proving that the person is financially unable to pay the amount of the penalty and to give a supersedeas bond. (n) If the person does not pay the amount of the penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the amount of the penalty. (o) Judicial review of the order: (1) is instituted by filing a petition as provided by Subchapter G, Chapter 2001, Government Code; and (2) is under the substantial evidence rule. (p) If the court sustains the occurrence of the violation, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced amount of the penalty. If the court does not sustain the occurrence of the violation, the court shall order that no penalty is owed. (q) When the judgment of the court becomes final, the court shall proceed under this subsection. If the person paid the amount of the penalty and if that amount is reduced or is not upheld by the court, the court shall order that the appropriate amount plus accrued interest be remitted to the person. The rate of the interest is the rate charged on loans to depository institutions by the New York Federal Reserve Bank, and the interest shall be paid for the period beginning on the date the penalty was paid and ending on the date the penalty is remitted. If the person gave a supersedeas bond and if the amount of the penalty is not upheld by the court, the court shall order the release of the bond. If the person gave a supersedeas bond and if the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the amount. (r) A penalty collected under this section shall be sent to the comptroller for deposit in the general revenue fund. (s) All proceedings under this section are subject to Chapter 2001, Government Code. Added by Acts 1997, 75th Leg. , ch. 1022, § 43, eff. Sept. 1, 1997 . Amended by Acts 1999, 76th Leg. , ch. 1129, § 4, eff. Sept. 1, 1999. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 10, 2009 Item Number: 3 Department: Public Art Advisory Board (City Secretary's Use Only) Prepared By: C. Ehrlich Account Code: Date Prepared: March 2, 2009 Budgeted Amount: $34,625 Exhibits: 3 Subject Presentation and consider, and act upon, final recommendations from the Public Arts Advisory Board for the commissioning of an artist to create a work of Public Art for the City of Wylie Fire Station#3. Recommendation A motion approving to create a work of Public Art for the City of Wylie Fire Station#3. Discussion Public Art for Fire Station #3 is the first public art project the City of Wylie will complete. Fire Station #3 is a CIP Project of which $34,625 has been set aside for Public Art. Art Consultant Sharon Leeber, hired by the Public Arts Advisory Board (PAAB) to assist in the selection process, was part of the"limited competition" call for artists that went out in November of 2008. The budget for this call was set at $25,000 to reserve funding for consulting, future maintenance and a contingency for unforeseen costs. The Public Arts Advisory Board solicited stakeholder participation through e-mails and from interested citizens to nominate the Fire Station #3 art selection panel (ASP). Pursuant to the City of Wylie Public Arts Guidelines Plan, the panel should consist of a user of the space or building in or on which the art will be placed, possibly the architect, a member of the Public Arts Advisory Board and citizens from the neighborhood and community within which the art will be placed. The Fire Station #3 ASP consisted of: Raymond Cooper, long time citizen of Wylie, Fire Chief Randy Corbin, Nicole House, Wylie Elite, Studio for Kids, Patsy Robertson, Public Art Advisory Board representative, and Mackllyn Stripling Henderson, Wylie High School Arts Director. Architect Doug Edney, Wiginton Hooker Jeffry was an ex-officio member of this panel. The Artist Selection Panel met on February 18, 2009 and chose Charlotte Lindsey and Larry Enge — Montage 48/61 as the first choice artists and Deborah Ballard as the second choice artist to be recommended to the Public Arts Advisory Board. On February 19, 2009 the PAAB members took action to recommend the same two artists to the Wylie City Council in the same order of preference. Page 1 of 1 Page 2 of 2 Tonight the Wylie City Council will approve the final artist(s) to collaborate with the Wylie Fire Department to create a maquette/design drawing that will be completed and presented to the ASP and PAAB and finally approved by the City Council along with a contract to commission the art. The timeline for the presentation of the final maquette/design drawing will be within 6-8 weeks and final fabrication and installation should be completed this year in honor of the 100th Anniversary of the Wylie Volunteer/Fire Department. Art consultant Sharon Leeber will present the two final artists and each finalist will present a short presentation on their previous public art work and the process they will use to collaborate with the Fire Department for the final design presentation and contract approval. Approved By Initial Date Department Director CE 3-2-09 City Manager 7 /51 o L -•,.. ....., . '.' " • —4-, I 4 INN ,— 1 4 . = , — Li— ... 3 c. . i. 1 • k -.... -,c."`--- ..„.}...., IN .. . , 1 I 11..:.', I . L.,. ,.'i,•,-• . I , 1111114111111 3. 0 I a 0,- WI, , .. :. • • . '' ;.-'..144..''' ti• — ..''' , * a . •- , .,. , .......,...,,...., ',-,,....,,,, . 411111.111111111.111111111111111.11111111111411111r !MNtL5 7�Rf ; . 7Iu, iL - . • IA _ _ -':1 try' --" -rw�-.... ' 00.1.011111,1,111 „. . — ,p: i 1 lo 3 n 55. }.� 'u { gyp• . . This is what Chief Randy Corbin has expressed when discussing the art project for Station 3. This year is the 100th anniversary of the Fire Department. Here is what I was expressing the other day at the site of our new Station 3. The committee asked me to jot it down. Wylie Fire Department has been serving this area formally for 100 years now. It began as neighbors helping neighbors, leaving their fields, hardware stores, shops, banks, and many other businesses to go help when fire broke out. Collectively, they all chipped in to be sure they had at least some minimum tools to use in their firefights A century ago, they formally organized and began asking for the City to help with some of the funding. That spirit of one neighbor helping another is still alive today. Today this department responds to medical, chemical, water, technical rescue, fire, and the entire gamut of whatever emergency might threaten lives and property. This broadening of the mission caused the name to be changed to Wylie Fire-Rescue. The legacy of volunteerism that protected Nickelville and Wylie continued through the decades and still is alive in Wylie Fire-Rescue. While nearly all of the responders today are fully-paid professionals, the spirit of service lives on in the "neighbors helping neighbors" scenario. Those civic-minded individuals from decades back have set the ideal for service by WFR that remains in existence today. Somehow, I hope our public art at Station 3 can present the idea of the legacy of service provided by this department for a century:neighbors rushing to help each other, caring deeply about the outcome, and helping the victims of emergencies to get back to normal with the investment of each individual member's sweat, tears, and even blood if necessary. Geo. Randy Corbin Fire Chief Wylie Fire-Rescue Wylie, Collin County, Texas 75098 Sharon Corgan Leeber Architectural Arts Company 6410 Dykes Way Dallas, TX 75230-1816 972 392 2121 sharon@architecturalartsco.com f . \ rni. E NM!- III M M 1111111111111 • Ill 1 . i . '."'. .•\ •• /0 • - 1 ....'• -../(--- , , . . . . . ... 1 1. 0) 4 N • •. I l \_y/ ... ., • 1 •. I' ART WALL DIMENSIONS 1 NORTH 10 5 0 10 20 I Ws DON*my 13,2009 WKi4ION Hpmm joRty pG FIRE STATION NO. 3 I AR TE TS 0609 AMU=WM ' ;; arirOF WYUE TEXAS it SKC-1 AN ARTISTIC PARTNERSHIP IONTAGE48I6 I I MOSAIC PROCESS Our approach to mosaic benefits from the combination of our different strengths and blended vision. Charlotte brings a strong sense of design and a track record of dynamic mosaic mural installations. Larry has the eye of a painter who uses color, form and space as well, He also has considerable experience painting the figure. Our goal with each mosaic project is to utilize the combination of these strengths so that each mosaic installation is uniquely suited for the individual project objectives and location. OUR PROCESS -see attached examples - We start with reference photographs of a setting or subject matter specific to the project concept. - Images are arranged into a composition that is designed to "tell the story" or communicate feelings, concept, or ideas. When appropriate, mosaic can be combined with other elements such as bands or fields of color,text , metal or other materials. Installation site (location, surrounding color and materials, etc.) is taken into careful consideration so that the artwork is complementary to the setting and is designed for maximum visual impact. - Preliminary images are created based on the photographs. Images are simplified graphically in order to translate them into tile mosaic. - Images are fabricated with tile, paying close attention to choice and color relationships as well as the size and shape of tile pieces so that the resulting mosaic is a painterly interpretation of the image.The dimensional and reflective qualities of mosaic as well as its exquisite visual appeal enhance the impact.The end result is a mosaic "painting"with "impressionistic" qualities that make it visually interesting when viewed both close up and at distance. PUBLIC ART BUDGET - For maximum visual impact and to get the greatest amount of mosaic, all of the public art budget should be utilized for the design and fabrication of the mosaic (as described above). Substrate preparation, concrete work(wall or column construction, including footings) site preparation and any engineering costs should be incorporated into the site or building construction.This is especially true for new construction projects when there is no existing wall or substrate for the mosaic.This allows all of the art budget to be focused on the artwork. - If the public art budget has to provide for the cost of concrete work,the size of the mosaic image will be affected by the additional cost of the concrete work. Therefore it is best that the public art budget be focused only on creating the mosaic image. www.flickncom/montage486 I/collections MONTAGE48/61 5626 Willis Avenue / Dallas,Texas 75206 / 214-824-8023 / 214-794-3264 MONTAGE 48/6 I Charlotte Lindsey and Larry Enge IMAGE LIST I -Aerial Passages, Dallas Executive Airport,Terminal Lobby(formerly Redbird Airport) /2003 - 2006 The objective of this public art project was to work with GRW Willis Architects to identify ways art could be incorporated into the new terminal building.This terrazzo floor design is composed of elements and symbols from aeronautical charts. Curved and straight lines radiate from the design through the glass entryways on both sides of the lobby and continue outside in the connecting concrete walkways.The artwork was designed to contrast with the angles and lines of this silver, metallic building. Charlotte Lindsey designed this project in collaboration with Carol Wilder. Larry Enge participated in the installation phase,working with architects and contractors. Limestone Quarry Park and Taychas Trail, City of Frisco /2005 - 2007 2 - Blackland Prairie/ Entry Point with Mosaic (top image), Detail (lower left). The concept for this project was to honor the remnant of the Blackland Prairie and Forest where the park is located.The imagery for the entry point reflects the patterns of prairie grasses.A"stream" of grass was planted that will grow from the entry point walls along the walkway leading to the center of the park.We worked closely with landscape architects, Half Associates on this project to integrate public art with the design of the park, determining locations and scope of the artwork. 3 - Black/and Forest / Playground Site Mosaic, 8 Panels: 36"x24" each. The playground site faces Taychas Trail and the forest along West Rowlett Creek which wrap the back portion of the park. Mosaic imagery at this location is in two suites of four panels each and mirrors the forest.This suite is located on the southeast side of the play area. 4- Black/and Forest / Playground Site Mosaic. This suite is located on the northeast side of the play area. 5 - Blackland Forest II /Trail Site Mosaic, 7 Panels: 36"x 10" each. This public art mosaic site is located on a retaining wall facing Taychas Trail on the north side of the park. Imagery reflects patterns and colors of trees overhead as the trail enters a more densely wooded area of the West Rowlett Creek Corridor. 6 - DART Art and Design Program: Frankford Station/ 2005 - 2006, construction:2010 This Carrollton station will be at the located at the edge of the DART rail system.The concept for the station is a vibrant welcoming gateway. The station platform is located at the far inner corner of the station site,tucked between two warehouses. One of the design objectives was to direct riders towards the platform entrance and offer them a visual surprise or reward once they got there.Alliance Architects and Carter+Burgess were the architectural firms for this project. Platform with Column and Windscreen Design (top left). The work of Austrian artist/architect Friedensreich Hundertwasser provided inspiration for these colorful column designs.These will be fabricated in GFRC with areas of mosaic tile.Windscreens will be made of a poly-carbonate/eco-resin. Entry Plaza(top right). Riders will be directed across the station site towards the platform entrance by a way-finding sculpture located in bus lane.They will also guided by the pavement design, colored tile on the risers of the steps and a mosaic that wraps the wall along the wheelchair ramp. Pavement Design (bottom image). An undulating design in colored micro-top concrete will wind down the center walkway of the parking lot, up onto the entry plaza and then onto the station platform. 7 - DART Art and Design Program:Trinity Mills Station/ 2005 -2006, construction: 2010 This Carrollton station will be located where the town of Trinity Mills once stood.The mill in the town was used for both grain and gravel.The concept for this station reflects the mill,the grain and gravel, as well as the Trinity River and the land.Alliance Architects and Carter+Burgess were the architectural firms for this project. Platform and Pavement Design (top image). This design will be used on the station platform as well as the center walkway of the station site which leads to the platform. Pavement materials will include areas exposed aggregate (gravel) in combination with colored and textured concrete.A metal representation of the Trinity River will also be embedded in the concrete. Column and Windscreen Design (bottom image). Cast stone columns and windscreens made of a translucent poly-carbonate/eco-resin will bear drawn images of grain in the fields. 8 - A Community Garden-Monarch Park, East Dallas, Fitzhugh at Monarch /2001 Tile mosaic, 10.5'x 4'and 7'x 4'- Site view and details of left wall. Utilizing imagery drawn by children and senior adults,this community mosaic serves as a gateway to the park.The theme is a metaphor for community working together and many of the images were drawn at the Asian Community Gardens,which are also located on Fitzhugh Ave. Community members also participated in the fabrication and installation process. Charlotte Lindsey designed and directed this project in collaboration of Wilkinson Center ArtWorks Program and Young Audiences of North Texas/Big Thought Inc. 9 -Moving Cycles, Layers of History and Hope, Dallas Black Dance Theatre, Moorland YMCA Building, Dallas Arts District/ design - 2006; installation: 2008. This hand-cut linoleum art floor encompasses the entire first floor lobby.The use of overlapping circles contrasted with strong directional lines serve to move visitors from one end of the building to the other.The renovated YMCA building served for 40 years as the cultural and social hub of Dallas'African American Community. The enclosure and unending cycle of a circle represent the movement of dance,growth and the cycles of life.They symbolize the vitality and life found in the communities past and future that have and will be nurtured in this building. This image: artists' design rendering,front entrance of renovated building,floor design starting at front/south entrance. I 0-Moving Cycles, Layers of History and Hope, Dallas Black Dance Theatre. Floor design at north end of building, leading towards the glass doors and stairway at the center of the building. II - Fort Worth Fire Station Number I I /2006,construction: 2007- 2008 This new station will be built in a newly incorporated area on the north side of Ft.Worth where new neighborhoods are being built adjacent to grazing pastures. Our objective was to find a fresh visual approach to the Ft.Worth icon,the longhorn steer.This artwork will be water-jet cut out of exterior grade tile. 12- Texas on the Air 1920- 1959 / Texas on the Air 1960- 1999/2001 Acrylic and transfer on canvas, 108"x I08" and 102"x 102" These two murals were commissioned by The Texas Association of Broadcasting. The two paintings give a visual rendition of the history of broadcasting in Texas. In the left panel a rendering of the capitol dome in Austin functions as a focal point with images of the history circling clockwise starting at the bottom right with the 1920's through 1959. The imagery of the right panel covers 1960 to 1999.Visually the history begins at the bottom and moves from the 1960's upward through the tower to where the imagery of the 1990's circle around the top in broadcast waves. Murals designed and created by Carol Wilder and Larry Enge. Deborah Kave Ballard 1237 South Selva,Dallas,Texas 75218,(214)324 0969 d-ballard6(c att.net Exhibitions 2009 Deborah Ballard Sculpture,Jack Meier Gallery,Houston,Texas 2007 Contemporary Art Dealers of Dallas(CARD)1st Annual Art Fair,Dallas,Texas Deborah Ballard`Body Language",Vallee House Gallen and Sculpture Garden,Dallas,Texas 2006 "Walls",Jack Meier Gallery,Houston,Texas "3D on Swiss",The Dallas Center for Contemporary Art,Dallas,Texas 2004 "D. Ballard",Jack Meier Gallery,Houston .,50th Anniversary Show",Valley House Gallery,Dallas,Texas 2003 Sculpture by Deborah Ballard,Jack Meier Gallery,Houston,Texas. Small Sculptures and Drawings by Deborah Ballard,Civic Gallery,Seaside Florida 2002 "New Work by Deborah Ballard",Cidnee Patrick Gallery,Dallas,Texas "Deborah Ballard",Jack Meier Gallery,Houston,Texas "Deborah Ballard and Friends",Creative Arts Gallery,Dallas,Texas 2000-2001 "Figurative Expressions",Invitational,Collin County Community College Art Gallery Plano, Texas "From Wax to Bronze",Show of Maquettes by I).Ballard,Henry Moore and advanced sculpture students of from the Booker T.Washington Arts Magnet High School,Dallas Museum of Art Gateway Gallery,Dallas,Texas "Figurative Expression".Invitational.Fine Arts Gallery,Collin County College,Plano,Texas 2000 Deborah Ballard and Rav Donley,Jack Meier Gallery,Houston,Texas "DepartuReturn",Invitational Alumni Exhibition,Southern Methodist I Jniversity,Meadows Museum,Dallas,Texas "Cool Summer Gardens",Invitational,Edith Baker Gallery,Dallas,Texas Buffalo Bayou Art Park,Invitational sculpture exhibition,Houston,Texas Sculpture of Deborah Ballard,Jack Meier Gallery.Houston,Texas 1999-2000 "Masquerade",Invitational,Edith Baker Gallery.Dallas,Texas 1999 Deborah Ballard,New Work,Edith Baker Gallery,Dallas Texas "Masters of the 90s",Hawn Gallery.Southern Methodist University,Dallas.Texas "Collaborations"invitational,500X Gallery,Dallas,Texas "Collaborations"invitational,Community Artist'Collective, Houston,Texas. "Deborah Ballard Sculpture.Taylor Contemporanea Gallery,Hot Springs,Arkansas 1997-1998 "Convergence of Kinds",collaboration invitational,North Lake College Gallery,Irving,Texas "50th Anniversary TVAA Exhibition,North Park Center,Dallas. Texas 1996-97 "Hope".Invitational,Edith Baker Gallery,Dallas.Texas "Art Park".National juried invitational,Tranquility Park,Houston. Texas "Ballard and Siptak",Edith Baker Gallery,Dallas,Texas "Sculpture by D.Ballard",Mother Dog Gallery,Houston,Texas 1995-96 "Basket/Case".Edith Baker Gallery,Dallas,Texas Invitational,Front Room Gallery.Mother Dog,Houston,Texas "1995 Members Invitational",McKinney Avenue Contemporary Gallery,Dallas,Texas 1995 "Showing Off the DCCCD Faculty,D-Art Gallery.Dallas.Texas "In the Eye of the Beholder",curated by prominent Texas collectors, The Edith Baker Gallery.Dallas,Texas 1994 "A Show of Hands".Edith Baker Gallery,Dallas.Texas "Images 1994"_Recent Work,Hickory Street Annex Gallen_ Dallas,Texas 1993-94 "Senses Beyond Sight",Museum of Abilene,Abilene,Texas 1993 "Sculpture in the Plaza", juror Joe Kagle,The Waco Art Center, The Plaza of the Americas,Dallas,Texas "Faculty Exhibition".Mountain View College,Dallas,Texas 1992 "Small Treasures",Edith Baker Gallery,Dallas.Texas "Senses Beyond Sight",I)Art Gallery,traveling exhibition, Dallas,Texas "Recent Work",Hickory Street Annex Gallery,Dallas,Texas "15X15X15"LSU Union Art Gallery,Baton Rouge,LA. "Mother/Child"Fitzgerald Fine Arts Gallery,Alexandria,VA. "The Figure".Edith Baker Gallery,Dallas,Texas "Faculty Exhibition",Brookhaven College,Farmers Branch,Texas 1991 "Small Works".Edith Baker Gallery,Dallas.Texas "Sculpture",Brookhaven College Galleries,Farmers Branch,Texas "D.Ballard",Georgetown I Jniversity_ Lombardi Research Center Atrium Gallery,Washington,D.C. "Work by I).Ballard",The National Institutes of Health Clinical Central Galleries,Bethesda,Maryland Comremara 10th Annual Sculpture Exhibition,Connemara Conservancy Foundation,Allen,Texas 1988 "Common Ground New Directions",Dallas Women's Caucas for Art Dallas City Hall.juror:Luanne Stovall,Dallas,Texas "I).Ballard",Plano Art Association Gallery.Plano,Texas M.F.A.Exhibition,Plaza of Americas Gallery,Dallas,Texas 1988 "Totems".Edith Baker Gallery,Dallas,Texas KERA Festival of Art,Grand Kapinsky Hotel,Juror:Adolfo Nadle,Dallas,Texas "Sculpture at the Bar",Curated by Marla Price,Belo Mansion. Dallas,Texas 1987 "10X10X10".Edith Baker Gallery,Dallas,Texas 1986 "150 Works by Texas Women Artists",Dallas City Hall,Dallas "Texas Selects Small",Bell Plaza Gallery,Dallas,Texas "Critics Choice".D Art Gallery,Dallas,Texas "1st Annual Monarch Tile Competition",San Angelo Museum of Art,San Angelo,Texas "New Dimensions in Clay",Edith Baker Gallery,Dallas,Texas 1985 "The Day of the Dead",Cameron University Gallery,Lawton. Oklahoma 1984 "Recent Work of Debbie Ballard",Eastfield College Art Gallery, Mesquite,Texas "Galex 18",Galesburg Civic Art Center,Galesburg,Illinois Selected Awards,Scholarships,and Residencies 2003,Seaside,Florida,Artists'Residency.Seaside,Florida 2000-2001.Artist-in-residence/instructor.Booker T.Washington Arts Magnet High School and The Dallas Museum of Art,Dallas,Texas 2000,Buffalo Bayou Art Park Installation Grant,Houston,Texas 1996,Tranquility Park Installation,Art Park Project Grant, Houston,Texas 1991,Connemara Conservancy Foundation Grant.Allen,Texas 1989-90,The Meadows Scholarship and the Zella Art Scholarship. Southern Methodist University,Dallas,Texas 1989,The Texas Sculpture Association Show Members'Choice Award,Trammel Crow Gallery,Dallas,Texas 1988,KERA Festival of Art Award,Grand Kapinskv,Dallas, Texas 1985,"The Day of the Dead",Honorable Mention Award, Cameron University Gallery,Layton.Oklahoma. Selected Collections and Commissions Mark and Casey Rachofsky,private collection.San Diego,California Dick and Bobby Snyder,private collection,Dallas,Texas Tom Thomas,private collection.Dallas,Texas Susan Loder,private collection,Paris,France Sparkman/Hillcrest Memorial Park,permanent collection,Dallas,Texas Tim and Nancy Hanley,private collection,Dallas,Texas Golden Acres Retirement Center,permanent collection,Dallas,Texas Cai and Robin Glacken,private collection.Dallas,Texas J and K Galbraith III.private collection,Dallas,Texas Southern Methodist University,Meadows Museum,permanent collection. Dallas,Texas Brian and Blain Bolton,private collection,Dallas.Texas The Lubanco private collection.Houston,Texas The Ron Collier collection,Houston,Texas T.O.P.S.Inc.,permanent collection,Milwaukee,Wisconsin Annie Laurie Cooper,private collection,Dallas_Texas Sven Nvlander,private collection,Stockholm,Sweden Arcorp,Inc.,Robert Shiftier,permanent collection,Greenville,Ohio Robert and Nancy Dedman,private collection,Dallas,Texas Louise Miller,private collection.Dallas,Texas Arno Goetz Family,private collection,Dallas,Texas Gungi McCandles private collection,Houston,Texas The San Angelo Museum of Art,permanent collection,San Angelo,Texas The Museum of Art of Monterey.Mexico,permanent collection The Steven Sidwell Family,private collection,Cape Cod,Massachusetts Thomas Barton,private collection,Miami,Florida Robert and Kathleen Weaver,private collection,Venus.Texas Larry and Eve Wallace,private collection.Wellington,Florida Dan Craddock,private collection,Desoto.Texas The Goot Collection,Houston,Texas Suzanne and Charlie McCann,private collection,Dallas,Texas Scott and Samantha Sidwell,private collection,New Orleans,Louisiana Nancy and Barry Klompus,private collection,Dallas,Texas Marsh and David Dowler,private collection,Seaside,Florida and Dallas.Texas Lt.Governor David Dewhurst and Julie Brown,private collection.Dallas,Texas Rodney Woods,private collection,Dallas.Texas Carolyn and Randy Cole,private collection.Dallas,Texas Kenny Goss and George Michaels,private collection,Dallas.Texas Esther Light,private collection.New York City,New York Pam and Phil Baker,private collection,Dallas,Texas John Cooper,private collection,Houston.Texas John Ogden,private collection,Houston,Texas Literature Marlena Chavira-Medford,Launchhappenings: "Out&About May"Advocate Magazine,North Dallas and Highland Park,May 2007,page 10. Amy Durham,"Outward Bound",Luxe Texas Magazine.winter edition,pages 120—133 Wolf Schneider,"My World:A visit with sculptor Deborah Ballard at her studio in Dallas.TX,"Southwest Art:The Magazine for Today's Collector,June 2006.pages 110-111. Deborah Wheeler,"CAA Goes to Seaside for Escape to Create,"Walton Sun,January 25,2003,page B9. Veronica Dye,"Deborah Ballard:New Work,"Artlies,Winter 2002-2003,page 69. Laura Ainsworth,"The Art of the Garden,"Advocate Magazine,Home Design 2002,page 18. Marsha Dowler,"Escape to Create in January."The Seaside Times,Holiday 2002,page 16. J.R.Compton,Art Space:Debbie Ballard,Dallas Arts Revue on-line magazine,October.2000,page 1 and 2 Mike Daniel,"Soft Focus,"The Dallas Morning News,Guide,November 26, 1999,page 67. Hot Springs Arkansas Civic and Convention Center Art Exhibition Catalog,Hot Springs,Arkansas, 1998-1999. Stephen Ornes,"New Exhibit Features SMI.J Alumni,"The Daily_ Campus.Arts and Entertainment,September 14, 1994,page 7. "Women in the Visual Arts,"Today's Dallas Woman Success Magazine,February 1994,page 14. Megan Doren,"The Sky's the Limit,"The Dallas Morning News,March 16,1991,Section H,front page. Education Southern Methodist University,Dallas,Texas 1987-1990,M.F.A.,Sculpture Southern Methodist University,Dallas,Texas 1979-1981,B.F.A..Ceramics Eastfield College,Dallas Texas 1977-1979 University of North Texas,Denton,Texas, 1973-1974 Experience 2008 Instructor of plaster workshop,Booker T.Washington Arts Magnet High School,Dallas,Texas 1991-2008 Instructor,bronze casting and figure sculpting,Southern Methodist University,Meadows School of Adult Education,Dallas,Texas 2005 Instructor.Design I and II,and Sculpture I and II,Easttield College,Dallas,Texas 1991-2003 Instructor of sculpture,Creative Arts School of Dallas,Inc..Dallas, Texas. 2000-2001 Artist-in-residence/instructor,Booker T.Washington Arts Magnet High School and Dallas Museum of Art,Dallas.Texas. 2001 Summer II professor of sculpting,Brookhaven College,Farmers Branch,Texas. 1993-1994 Instructor,ceramics,Southern Methodist University,Dallas,Texas. 1992-1998 Professor of sculpture and art appreciation,Mountain View College, Dallas,Texas. 1995 Professor of sculpture,Brookhaven College,Farmers Branch, Texas. Visiting instructor of sculpture,Booker T.Washington Arts Magnet High School,Dallas,Texas. 1994 Instructor,rubber mold workshop,Creative Arts School of Dallas. Sculptor for Professional Scenic Services,Las Colinas,Texas Professor of drawing.Brookhaven College,Farmers Branch, Texas. Professor of art appreciation.Brookhaven College,Farmers Branch,Texas. 1993-1994 Professor of 3-D Design.Brookhaven College.Farmers Branch,Texas 1990 Instructor,Texas Sculpture Associations'paper casting workshop,Dallas,Texas. Vice President,Board of Directors,Texas Sculpture Association. Teaching Assistant to Yoshiko Schranil and James Watrell in Ceramics and to James Sullivan in sculpture,Southern Methodist University. 1988-1989 Teaching Assistant to Professor John McElroy and Yoshiko Schranil in Ceramics,and to Phillip Van Kuren in sculpture,Southern Methodist University. Sculptor for Southern Methodist University Theater Department Sculptor for Professional Scenic Services,Las Colinas,Texas Gallery Selection Committee,Southern Methodist University Umphrey Lee Gallery,Dallas,Texas. 1986-1990 Served on the Board of Directors of the Texas Sculpture Association. Secretary for the Board 1987-88 and Vice President 1989-90 1983-88 Instructor of summer program and workshops in drawing,painting and ceramics for 1st through 12th grade students.Dallas Christian School,Dallas,Texas Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 10, 2009 Item Number: 4 Department: Planning/Public Works (City Secretary's Use Only) 411-5811-58150 - Land Prepared By: Renae' 011ie/Mike Sferra Account Code: Betterments Date Prepared: February 24, 2009 Budgeted Amount: $379,235 Exhibits: 6 Subject Consider, and act upon, implementation of a replacement/installation Sidewalk Program through the Neighborhood A.C.T.I.O.N. Plan utilizing funds from the 1999 Sidewalk Bond. Recommendation Motion to adopt a policy to implement a sidewalk program utilizing funds from the 1999 Sidewalk Bond and to begin in the Bostic Subdivision. Discussion With the adoption and implementation of the City of Wylie's Accountable Communities Through Involvement of Neighborhoods (ACTION) program, staff recommends that the replacement and/or installation of city sidewalks target those neighborhoods that are part of this A.C.T.I.O.N. Plan. Staff held its first neighborhood meeting with the residents of the Bostic Addition, located along Third Street, Fourth Street, and Hilltop Lane bounded on the north by Butler Street and on the south by Park Street. Those residents/owners in attendance identified poor sidewalk conditions as a major concern for this area. Staff is requesting that this neighborhood be the first to participate in the Neighborhood A.C.T.I.O.N. Plan Sidewalk Program. For sidewalks to be considered for this program, they shall be located in the right-of-way and parallel to the street and must adhere to criteria set forth in the Procedure for Sidewalk Installation/Repair (Exhibit A). Commercial sites are not eligible for participation. Any home that is eligible and selected to participate in the program will incur no cost to the home owner. The source of funding will be the 1999 bond funds approved for sidewalk repairs and installation. There is approximately $379,235 from the 1999 Bond. Staff proposes that the City fund 100% of the improvements and forego requesting homeowner participation. The City of Wylie will provide a contractor to perform the necessary work. ALTERNATIVE MATERIALS RubberWayg" Flexible Sidewalks will be used in areas where tree roots have impeded the sidewalk but the tree is healthy and viable to the aesthetics of the streetscape. RubberWayie Flexible Sidewalks are a modern, environmentally friendly, solution to cracked sidewalks. With custom design options and a variety of colors to choose from, the porous rubber surfacing can withstand even the heaviest amount of rainfall. Page 1 of 2 Page 2 of 2 PROPERTY OWNER NOTIFICATION AND DOCUMENTATION In order for homeowners to have their properties considered as recipients for the program, each property owner must complete the following forms: • Property Owner Application. (Exhibit B) • Right of Entry and Hold Harmless Agreement (Exhibit C) The Right of Entry and Hold Harmless Agreement must be completed by all property owners and filed with the County to protect the City from future claims. The Right of Entry will allow City contractors and personnel to have access to private property to perform the necessary work. In regards to the Hold Harmless Agreement and the city's liability the City Attorney commented that although there is some liability to the City it is the same liability that the City has in relation to the construction and maintenance of all public property. EVALUATION AND ASSESSMENT Arborilogical Services conducted a survey of the Bostic Addition in an effort to determine which trees can or cannot be saved due to location, injury, dying or disease of the tree. Based on this survey 16 of the 38 trees located in the public right-of-way are recommended for removal. The following outlines the improvements proposed: • 3,520 square feet of existing sidewalks to be removed in right-of-way(ROW). • 7,840 square feet of sidewalks to be installed (new and replacement) in ROW. • 11 handicap ramps to be installed. • 1,500 square feet of Rubberway sidewalk product. Estimated cost for improvements including a 10% contingency is $113,000 (Exhibit"E"). Approved By Initial Date Department Director RO 03/02/09 City Manager 7/2/&) EXHIBIT "A" PROCEDURE FOR SIDEWALK INSTALLATION/REPAIR A. APPLICATION Formal application for sidewalk improvement shall be made by the property owner submitting to the Planning Department an application and all required documentation. 1. Application required: Attached to this information sheet is an application form to request replacement and/or installation of sidewalk panels in the right-of-way in front and/or side of your house. i. Exhibit No. 1: City of Wylie A.C.T.I.O.N. Sidewalk Replacement Program Application ii. Exhibit No. 2: Right of Entry and Hold Harmless Agreement must be filled out and filed with the appropriate county. 2. Submission deadline: The application and all required documents must be completed and returned to the Planning Department. All owner information will be verified by current Central Appraisal District tax records of the appropriate County. After applicable City departments have verified and executed the application, it will be submitted to the City of Wylie Public Works Department for implementation. B. ELIGIBILITY All potential participants must be private residences and must be identified by the City of Wylie as having existing deficient sidewalk conditions and meet the following eligibility requirements: 1. Sidewalk must be located within the City of Wylie street right-of-way or easement. 2. The sidewalk in the right-of-way is parallel to the street. 3. Sidewalk that has surface spalling with a depth of 1/4 inch or greater and covers 50% or greater of the area to be replaced. 4. Sidewalk cross fall that is 1 '/2 inches or greater than the City's sidewalk specifications (1/4"/Foot) found in the City's Standard Construction Details. (2 '/2"total on a 4' walk) 5. A sidewalk section that is missing pieces that create a safety hazard, not chips or cracks that are cosmetic in nature. 6. Longitudinal sidewalk sections that have a dip of 2 3/4 inches or greater. 7. Sidewalk sections that are adjoining and have a 1/2 inch or greater difference in levelness. 8. Commercial properties are not eligible for participation. C. METHODOLOGY Certain issues affecting installation and/or replacement may arise, therefore each potential installation and/or replacement will be considered on a case by case basis. 1. Public Works will evaluate the neighborhood to determine: i. Square footage of existing sidewalks to be removed in right-of-way (ROW); ii. Square footage of sidewalks to be installed(new and replacement) in ROW; iii. Square footage of sidewalks to be removed/replaced on private property to allow a smooth transition to ROW sidewalk; iv. Square footage of driveway approaches to be removed/replaced to allow a smooth transition to ROW sidewalk; v. Location and number of ADA ramps to be installed at street corners; vi. Location, number and health of all trees that are in the right-of-way or impede the sidewalk. EXHIBIT "A" 2. All demolition and removal to be performed by City; 3. Related materials (rebar, concrete, etc.) purchased by City; 4. Contractor installs forms and concrete and removes forms. 5. Replacement of landscaping (dirt, sod, etc.) by City. 6. A property owner may decline participation in the program in the event trees, private landscaping or private improvements in the ROW need to be removed to install or repair sidewalks. 7. The City has the right to remove trees, private landscaping or private improvements in the ROW in order to proceed with the project for the health, safety, and general welfare of the community. For Office Use Only EXHIBIT "B" Date Received: Approved: ❑ Yes ❑ No Reviewed by: CITY OF WYLIE A.C.T.I.O.N. Sidewalk Replacement Program Property Owner Application PROPERTY OWNER INFORMATION: Note: For the purpose of this program owner information will be verified by current Central Appraisal District Tax Records of Collin County. It is important that you provide accurate information on this application so that ownership verification can be established in a timely manner. Owner Name: Property Address: Last, First, Mi Numerical, Street Name, City Is this the Name that is on tax records? I yes — no Owner Occupied? — yes — no If you are not listed as owner on the County tax record, but you are the owner, please explain. Best method of contact: —Telephone Number: —email: Best time of day to contact you AM PM SIDEWALK HISTORY: Approximate year home built: Has sidewalk ever been replaced? _yes E no If yes,what year? Please describe sidewalk problems you have experienced: Is there any other information you wish to provide relating to the condition of your sidewalk or ability to repair/maintain this facility that you would like to include with this application (hardships, disabilities, other special considerations)? OWNER AFFIDAVIT: By my signature, I attest that all of the information provided on this application form is true and correct to the best of my knowledge and ability. Further, I understand that as a condition of this program I will be required to sign a waiver releasing the City of Wylie from liability relating to the execution of this program. Signature of Owner: Date Signature of Co-Owner(if applicable) Date EXHIBIT "C" The City of Wylie reserves the right to make the final determination of which applicants are eligible and qualify for participation in the program. "Notice of Confidentiality rights: If you are a Natural Person, you may remove or strike any of the following information from this instrument before it is filed for record in the Public Records: Your Social Security Number or your Drivers' License Number." AFTER RECORDING RETURN TO: Attn: City Manager City of Wylie 2000 Hwy. 78 N. Wylie, Texas 75098 RIGHT OF ENTRY AND HOLD HARMLESS AGREEMENT I/We, ( whether one or more "Owner"), the owner(s) of the property commonly identified as , City of Wylie, County of Collin, State of Texas (the "Property") do hereby grant and give freely and without coercion, the right of access and entry to Owner's private property, (i.e., the Property), to the City of Wylie (the "City"), and the City's employees, agents, contractors, and subcontractors thereof, for the purpose of removing sidewalk panels ("Old Sidewalk"), and/or constructing and installing sidewalk panels ("New Sidewalk") on the Property. Owner executes this Agreement in consideration for the removal of the Old Sidewalk, and/or construction and installation of the New Sidewalk and hereby forever confesses the adequacy of the consideration for this Agreement. Owner and Owner's heirs, executors, administrators, assigns, successors, and grantees understand and fully acknowledge that any maintenance or servicing of the New Sidewalk following construction and installation shall forever be the responsibility of Owner or subsequent owners of the Property, and the City shall in no way be held responsible for nor contribute to any future maintenance nor any costs of future maintenance, and completely release and hold harmless the City from any subsequent costs, expenses, hazards, or conditions, including subsidence, that may arise related to removing the Old Sidewalk and/or constructing and installing the New Sidewalk. OWNER AND OWNER'S HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, SUCCESSORS, AND GRANTEES, AGREE AND WARRANT TO HOLD HARMLESS THE CITY, AND THE CITY'S EMPLOYEES, AGENTS, CONTRACTORS, AND SUBCONTRACTORS, FOR DAMAGE OF ANY TYPE WHATSOEVER OR CLAIM(S) OF DAMAGE OF ANY TYPE WHATSOEVER, PROPERTY, PERSONAL INJURY, OR OTHERWISE, EITHER TO THE PROPERTY OR PERSONS SITUATED THEREON REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF CITY AND HEREBY RELEASE, DISCHARGE, AND WAIVE ANY ACTION, EITHER LEGAL OR EQUITABLE, THAT MIGHT ARISE OUT OF THE CITY'S ACTIVITIES ON THE PROPERTY RELATED TO THE REMOVAL OF THE OLD SIDEWALK AND CONSTRUCTION AND INSTALLATION OF THE NEW SIDEWALK. For the cause, consideration, and purposes set forth herein, I/we hereby execute this Agreement before the undersigned Notary Public on this the day of , 2009. Signature of Owner Print Name: EXHIBIT "C" ACCEPTED AND APPROVED: Mindy Manson City Manager for the City of Wylie STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared , the of ; that he/she acknowledged to me he/she is the duly authorized representative of the and that he/she executed said instrument for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2009. Notary Public in and for the State of Texas STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Mindy Manson, the City Manager of the City of Wylie; that she acknowledged to me she is the duly authorized representative of the City of Wylie and that she executed said instrument for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2009. Notary Public in and for the State of Texas EXHIBIT "D" RUBBER SIDEWALK & TREE ESTIMATE BOSTIC SUBDIVISION BOSTIC SUBDIVISION Januar,12.2009 January 23.2009 EXISTING CONDITIONS TREES RECOMMENDED TO REMAIN Rubber Rubber Sidewalk Trees on Sidewalk Trees on Estimate Trees in Private Estimate Trees in Private Address (Linear Feet) ROW Property Address (Linear Feet) ROW Property Third Street Third Street 301 60 3 305 12 1 305 12 1 306 12 1 306 12 1 309 24 2 309 24 2 311 24 1 311 24 1 312 2 314 1 317 1 317 1 316 12 1 316 12 1 322 8 1 322 8 1 324 12 1 324 12 1 329 24 2 329 24 2 328 12 1 334 2 Fourth Street Fourth Street 301 16 1 301 16 1 302 16 1 304 12 1 304 12 1 307 8 1 307 8 1 312 2 312 2 315 16 1 11. 1 316 8 1 329 12 1 334 12 2 Hilltop Hilltop 301 12 1 No existing sidewalk near this tree 301 12 1 No existing sidewalk near this tree 307 12 1 1 1 313 12 1 313 12 1 320 16 1 320 16 1 328 12 1 328 12 1 332 16 1 332 16 1 TOTALS 380 33 5 TOTALS 232 17 5 Indicates trees to be removed. EXHIBIT " E " PRELIMINARY BUDGET ACTION PLAN BOSTIC SUBDIVISION SIDEWALK PROJECT Concrete removal and replacement 25,000 New sidewalk installation (no existing sidewalk to remove) 20,000 ADA ramp installation (11) 9,000 Rubberway Sidewalk(material and freight) 17,000 Tree removal (16 trees) 12,000 Root pruning and air spading (17 trees) 8,500 Restoration (dirt, grass, sod) 10,000 County Filing Fees (hold harmless agreements) 1,500 Contingency (10% of construction) 10,000 TOTAL ESTIMATED COST 113,000 EXHIBIT " F " World Signature Surfacing of America, Inc. WSSA RUBBERWAY® Flexible Sidewalks PRODUCT FACT SHEET RUBBERWAY® recycled rubber sidewalk and tree well systems provide a superior, cost-effective and LEED accredited alternative to concrete sidewalks and pathways and preformed rubber pavers. City and municipal works departments and councils are constantly faced with the public safety concerns and financial burdens posed by sidewalks damaged by tree roots, freeze-thaw, and vehicular traffic. RUBBERWAY®' sidewalk systems accommodate tree root growth, frost heave and vehicles with minimal damage. Currently installed -—100,000 square feet Cost Benefit Analysis Average costfsq ft.material $8.00 Size limitations none RUBBERWAY®sidewalks and tree wells are Installation method poured to form virtually unbreakable. • RUBBERWAY®sidewalks and tree wells greatly reduce injuries from tripping and falling accidents. Unlike concrete, rubber and asphalt pavers, RUBBERWAY®sidewalks and tree wells are seamless and so provide little or no opportunity for tripping. ✓ WSSA offers site inspection and tracking on request. • RUBBERWAY®sidewalks and tree wells can be repaired on-site if vandalized or otherwise damaged. • RUBBERWAY®sidewalks and tree wells can be"re-topped"replacing just the EPDM layer thus further reducing the eventual renewal costs. RUBBERWAY®products don't yellow or darken with age and last at least 7 or 8 years before needing re-topping. Benefits of RUBBERWAY® Sidewalks and Tree Wells. • Helps to preserve the urban forest by reducing the necessity for tree removal. • Seamless construction eliminates cross path seams and raised edges to greatly reduce tripping and falling • Poured-in-Place installation allows easy shaping around obstacles and follows curves in the pathway. • Virtually unlimited texture and color combinations to suit the application. RUBBERWAY® products are porous,allowing moisture penetration to the substrate ▪ Seamless construction eliminates weed growth between paving panels typical of rubber and concrete systems. Variable densities allow a range of resilience to suit the type of traffic anticipated. • Safe, non-toxic, sound absorbing,flame resistant and uses regionally obtained recycled rubber materials. • Environmentally friendly using recycled rubber from tires, shoe soles and industrial rubber. • At the end of its life it can itself be recycled and used again to create new sidewalks and tree wells. rt. • 714 Facts• +. r 3 s . tO i (s t, I scra•—., • •a• �,', �' it ardisp" e f i the nite , .. . " f at' is oYw i be . • :'-'11k , quar - •+o ;,_ •ber 3 Si. i f . , o ju t...__.. 4000 Barranca Parkway, Suite 250, Irvine,California 92604 Tel: (949) 551-4696 • Fax: (949)551-4695 website: www.sustainablesurfacina.com • e-mail: infoasustainablesurfacins.com Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 10, 2009 Item Number: 5 (City Secretary's Use Only) Department: Planning Prepared By: Renae 011ie Account Code: Date Prepared: 03/04/09 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, approval of an Alternative Parking Agreement for 711 Business Way, Block 1, Lot 5R and 710 Business Way, Block 1, Lot lOR of the 544 Industrial Park Addition. Recommendation Motion to approve an Alternative Parking Agreement for 711 Business Way, Block 1, Lot 5R and 710 Business Way, Block 1, Lot 10R of the 544 Industrial Park Addition. Discussion The applicant is requesting approval for special parking alternatives whereby the balance of required parking spaces are located on a separate parcel from the lot on which the principal use is located. The Zoning Ordinance requires City Council review and approval for Shared Parking Alternatives. Article 7, Section 7.3.F.2 Shared Parking: Requirements. The parking requirements may be met by securing the consent to share parking facilities on the same or another parcel and under another ownership. Shared parking may only be approved if: (1) The parking facilities are located on a parcel zoned for the same use as the primary use; (2) The owners cooperatively establish and operate the facilities; (3) The uses separately generate parking demands primarily during hours when the remaining uses are not in operation; (4) A minimum number of spaces are provided to meet the requirements of the use with the single greatest parking demand; (5) Satisfactory evidence, as deemed by the Director, has been submitted describing the nature of the uses and the times when the uses operate so as to demonstrate the lack of potential conflict; (6) The consent agreement, subject to the approval by the City Attorney, must be in the form of a binding contract, of sufficient length of time, between the property owners operating the shared parking facility to ensure the continued use of the facility. The contract shall be filed with the City with the Certificate of Occupancy for each use; (7) The parking facility shall not be more than 300 feet from the building or use it is intended to Page 1 of 2 Page 2 of 2 serve; and (8) The shared parking facility shall not be separated or divided from the building or use it is intended to serve by a freeway, expressway, highway, or major street. The applicant is proposing to lease 3,150 square feet of an existing commercial building for a Personal Services Use (Dance Studio). The property is zoned Commercial Corridor (CC) District and the use is allowed by right. The agreement allows for the subject tenant (Lot 5R) to share parking spaces with Lot 10R located across Business Way. The primary lot (Lot 5R) is a double tenant building and shares on-site parking with an office/showroom warehouse use. There are currently 36 spaces on the site. Axcent Networks, a service oriented business with hours of operations primarily during the weekday occupies 10,500 square feet and is parked at 1:500 utilizing 21 spaces leaving the site short one space. Majestic Ballroom will be operated primarily during the evening hours 5pm - 9pm and weekends. Lot 10R is a 15,000 square manufacturing facility with 82 parking spaces. In accordance with the current Zoning Ordinance this use requires 30 parking spaces. The attached parking agreement would allow Lot 5R Majestic Ballroom to share parking spaces with Lot 10R Multi-Machine Company, Inc. The applicant has stated that the shared parking would afford them the required spaces needed to be in compliance with the ordinance as well as allow additional parking in the future if needed. The issuance of a certificate of occupancy for the property is expressively contingent upon this agreement being filed and recorded with the County Clerk. Upon filing with the appropriate County Clerk, this consent and agreement shall remain enforce providing Linduff and Hockett occupy the subject buildings. Upon termination of lease or change of ownership by either party, this consent and agreement is void. Approved By Initial Date Department Director RO 03/02/09 City Manager � /t!/0`i AFTER RECORDING,RETURN TO: . Attn Renae Olhe Cityrof°Wylie -Y �..� _ - 2000 Highway 78'Nort6 PARKING AGREEMENT'S This Parking Agreement (th e "A greement") is en tered in to between Tony Q,, Linduff (••Lrnduff), who is tfie owner of Lot IOR, Block 1 , noreLcommonly known as 710 Business 1 xi ,� , Way, Wylie Texas 75098("Property A")'and Belinda I3oekxtt (-II'ockett');Fwlio is;thetenant of, , s Lot 54 Block ],,'more commonly kn•own as 7311 Business Wa"` ,Wy1 e'Texas 75098t'(Property )• a i 1 i i $ 9 Ica e s ` �, � �� . i� �� ate. a, �Sm'nR: sd d¢ �� f t; .. :z k �*�� .i 7 �.s�"�,, r��{�.`c.� �S nduff o erates � W1-1ER�E�A aLt p �a manufac�tunngfaeaElt�}!on��ropert�' A ;vuliich,�he`Gi£�o:�j � ��' ',,,i.SQ d a s 9f� ff s,g- z P � a ro ,, ' Wylie tndicatestrequires thirty (30t),parking spaces equl ed by the"W 1 e""Zomn Ordinan xr, , There are e�fW' ht two (82): parkin t sp o ''Pro e= "A•,wiliet .� ' g y aces n� p , lush means that=Property ,� has a a. ' At . t9 .�„ � �� r�� V 4 `, � t ;� A ; ��. �a 3 � � N16,3surpke» ofi �, &O(�� rarkln �s�acCS��. g .e ' 3 ho z, d�� a ; :s4. 1 "rt a � aq,:-.a» a l k 3 r � �N r a ., y te . � .s Y ' g sue � y ,a� a „ " „'; o '•: '" '.ka i4 .. .s�'' ''' h ` 4,-'" 1 ; 'k;�Si M c daeudo o zPoje B ;whic he Gry000f , y ilO k,. 2 z WHEREANokettoperaesa .,„n,c s9 r "5 " .z B *f y' , �a . ? k' s . " .c ` �lakA ( nP n ,ndte tyre sJteen 16 '�paklng spaeesThere are ifl e5 spar n spaceso rope rty ,5 a aS diiea*, s a Z. ,X s ff 4 . +, e' : e 3 . r a d y r.sr . X', . , � * 1 � , •e' , , " a �.ff:, t r � .-, � £ 4t � '' '`` : t ,Bth' ain G1a b roe desi:at:e`d�forth e dan. c +e;s� u iio w hchm1ean1 ,A oe y B�ha., ®efict ofane` " � i „ „ e , B' � r ,a u ,vs2 • 340 'ai(1):parkng space rF ,,,, 4 p , j,E € ar a r 1: ly' 3 .f f 4- . .+ogs "#•, ' a g;,,L k , - l' ''.•3 T , ,� e.E,, � � i�W14EREAS LmuffconsentsEandagreestoajowthecancesudto shareko ne($)o e � ,.s`.' ,�0 �-4 ,t--, � 4 k .a 4 r i {em ff tar�1 2 ,"a» .a�� .� � � 1 ,g � ' h, ��;� ' r�y' 5 � � s"� :,':a; G ,"� i#0e 3 � e r+ '':.wkY r.':s. avc es� aatedo nx r ope � to e ornply� "long al " ,ranted byArcl . , .]ar^� i�� ,� ;r�." s R itgor, , �, } .� Na s ak .. r ' ',i, A ZON4 ' t Z.' .'s t ' ' �a ',' 7 S t7�3 (F) f the enera de/u oprnen regulation ln the itY of Wyhe1sZQ n1ng; g1 Fgaeeion , . o g„g• c. fa > rg .„ - . -4, . �,&t ' ' r av a lr� fs � .. ,4.4 u' a ja: �� x ... . x ' , ° �Y ��r tg " „'m`�� "4' a��e, a, �x v 4 r £,� S� �r r as , , � + t .. : .'.., a 31®r .lq�n ce .g v:� �m k k �. z.111 ii •14, Ne- t.,a :.� te ° , PARKIN. GAGREEMENT, 541774Ar1 ' • Page 1 NOW THEREFORE. in consideration of. the_following;. the,parties.hereby agree as follows: Llnduff and Hockett hereby consent,and agree that the use of one (I) of the parking spaces on PropertyA shall, he:permitted; utilized and/or available for use by tenants;.occupants. employees and customers of the manufacturing facility located on3Property A as well: as the dance -studio°,located: on- Property B so" that the Aparking spaeeslrights 'may be utilized to sati fylcomply with parking requirements of,the Ci of W lie. Texas and:otherwise satis t3' Y ,� fy Article, 7 Section 7 3 (F)'entitled "Parking Alternatives',,General Development Regulations in , the Zoning Ordinance for he C tity ofWyl e, Texas. Inaccordance with flus Agr eement, the tenants occupants and other users aree.permitted/ennntled to share.the parking spaces• in the akan "totvnf Pro A � 4 E A :P.,,,,,:,,,- g perty Upon£ iling with the a ro prate �ount l 4F , r, PP :P, C1erkthis�Agr�ement shall remain enforced`providinig L,induff and Hoc• kett occu the sub ect bwl�dm s� on termination; PY R� ins70 ' � P of a leaseorchanger of ownership b 'el her e ent ., Y `P 5'a 5"A p��eementkshall au`tomaUca�lu e .. a ..'.: 3�gya.. �` �'��'� ,� .�1„x �:�3 �.Y 9 � .�,;�as.��' zx� -�'1 3 rin�.r�, e�' �.. and�shall be co sidered void from�that point �' 7 � , < ..N , a .. g ,,., rw.ard ; 't e ,,,z z, g �a��y tk '' ° fog : ,This Agreement contains the entireX agre�ementtof the arises with respect,totthe matters 1 ¢ a "" - �.rP �,a^t �.^ s 'fix -' . . �� E contained herein-and,may not be modified oirpterm nated exce t• u nl ` ` , . , 7x y 1p%Apontheproui �oiis hereof or b the mutual tten agreement4 of the parties:hereto , ` ` ` In case an , one 3,,r mare of" ,ro , � g • k s ll Y th p ur , s c tfuned ¢ ent� � `a �� . s a.�. � e I�O Slon ,�011 � �r In�t�llS Mgr erll 3llallr1�OI'�w�a7lY � � '^ � reason beheld to he$invalid,l egal orF unenforceable in ani respect sucI invalidi, t 3 ^� .. + ` rwa`, � : � &' �� g � ors �� • } � ��' .�':r �� r ,'. i1a �. gat N �'� t€'' � a��«4 �q C t, ; f unenforceability, shallt note affect any got a provision thereof ..frZ5 his A reement,shall be . ,t "', : r ...s , ,, <4 a R l if �,,." s g a . m.,,.,.... $ - gofi construed'as if such invalid,'illegal"or unenforceable provision ha neverabeen con ned'herein. g .°w' 7� X� s a t To.,.,} fig# s.' .� .€, ae $ ass ' �Ya , Yak -. 4 a ��aq.,%p -4. '' . . �,xa • x ;k ,k� a, • YP, a. r �� . ",..E.xecuted this day of J ��}/ . PARKING AGREEMENT- 5a1779.vb Page 2- MULTI-MAC INO,CO.,•INC. Tony�D duff;Oro er MAJESTIC BALLROOM &:,DANCE CENTER •By i Y c / •G-;{� l T' Belinda.Hockett,OOwner r,,^; ,,,,—.-, .: . „i'i... SUBSCRIBED AND SWORN TO before me by Tony D Linduffc►n thts:; , _, da 2009: g SR • 1 No tar Pu ;-a n dC° for the4Sta` SE_ ANGE 141i:4 > ov -,,,,;:11 tk(��e 1,,,,,,_,-...,,,,,;,,,..-,:.,.;,.,,,,i,.1:,..,.,,..,..:: .: " ,,,_,,,,,,,:,„. :::,,,,,,,,,, ,,r „ •.„ �. ..,,;� � t ; NoaryP6lfc ' T ed o'er rintenae:of Notary - ':"'' , ' ',„.,'-' • ..: .'... , , ,.../.:-:.".,:' :::4' )� ,sSTATEOFTEX, :1( YP P '..,,,a � , a9,yComE 121112_ ',Texas SUBSCRIBED AND S •WORN TO before m` e�by BelinndaHockett ownerFof Majestic Ballroom &Dance Center owthl da,, of �: t i ..ate • t �,� ,�,§ .5 No ary Pu a 1n an fors a State°of Tex-as t ANQE . f • w I.119M1TH„ 4 � ., , r, , Notaryy Public ly• itiid r ' .. " • a I; MY Comm EX 2 �»,. :, :.v.. ,�.. 4t,zit ;2 t .� .e..«. P ,z �r dq e�; :� a ,� ��sg : (Typed( pained name�off Not ) _,, � ', ,— €, Sao- t x � PARKING AGREEMENT " 541779.v1 Page 3 EXHIBIT "B" Majestic Parking Agreement 711 Business Way r Subject 1 a Property ! ,i, - ic_.,. _ ' I 711 ::a. ire ' se I lilt \ • �_ T e# . _ . sb'Bss Way sop* , -i _ -�-- - — # . i . ! 1- ` =` * • I , ,.r. .,_ 710 . • 4101 ,, , a 10 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 10, 2009 Item Number: 6 (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: 411-6905 Date Prepared: 03/04/09 Budgeted Amount: $ 3,250,000.00 Exhibits: 3 Subject Consider, and act upon, approval and final acceptance of the Ballard Avenue Paving Project and authorize final payment to Tri-Con Services, Inc., in the amount of $262,933.57, and accept the project as complete. Recommendation Motion to authorize final payment to Tri-Con Services, Inc. for the Ballard Avenue Paving Project, in the amount of$262,933.57, and accept the project as complete. Discussion On October 9, 2007, a construction contract was awarded to Tri-Con Services, Inc. in the amount of $3,713,509.45 for paving and drainage improvements to Ballard Avenue from Stone Road to Alanis Drive. The project included reconstruction to a 4-lane concrete pavement section with related storm sewer improvements. The project also included the installation of an emergency traffic signal at Fire Station No. 1 and a 16-inch water line to serve the future 1.5 million gallon elevated storage tank located at Fire Station No. 1. All punch list items have been addressed by the contractor. The final contract amount after field changes and quantity adjustments is $3,600,639.52 which is a reduction of$112,869.93. The project was funded through the 1999 City of Wylie Bond Program ($2,600,000), the 1999 County Roadway Bond Program ($1,370,647), and water impact fees ($193,200). One change order in the amount of$498,625.46 was approved on September 9, 2008 for the construction of the temporary detour on FM 1378 around the new City buildings. Approximately 2,750 square yards of permanent paving was installed with the detour project increasing the amount to $529,554.89. Approved By Initial Date Department Director CH 3/4/09 City Manager 94- 1/_ () Page 1 of 1 Project: BALLARD AVE,ALANIS AVE.TO STONE ROAD Contract Amount:$3,713,509.45 Owner:CITY OF WYLIE PAY REQUEST NO. 13& FINAL REVISED CONTRACT AMOUNT$4,263,423.43 Pay request period :January 26, 2008- February 25, 2008 Contractor:TRI-CON SERVICES, INC., P.O. BOX 472867,GARLAND,TX 75047-2867 Inspector:JOSEPH TIDWELL Item Prey. Compl.To No. Description Unit Quantity Unit Price Total Bid Installed This month date This month$ $To Date 37 10'INLET EA 4.00 $2,500.00 $10,000.00 4.00 4.00 $10,000.00 38 18"CLASS 3 RCP-INCL. IMBEDMENT LF 1,307.00 $40.00 $52,280.00 1,398.00 1,398.00 $55,920.00 39 24"CLASS 3 RCP-INCL. IMBEDMENT LF 1,183.00 $51.00 $60,333.00 1,202.00 1.202.00 $61.302.00 40 30"CLASS 3 RCP-INCL. IMBEDMENT LF 771.00 $60.00 $46,260.00 768.00 768.00 $46,080.00 41 36"CLASS 3 RCP-INCL. IMBEDMENT LF 1,537.00 $82.00 $126,034.00 1,520.00 1.520.00 $124,640.00 42 48"CLASS 3 RCP-INCL. IMBEDMENT LF 1,292.00 $125.00 $161,500.00 871.00 871.00 $108,875.00 43 5'INLET EXTENSIONS EA 32.00 $1,900.00 $60,800.00 30.00 30.00 $57,000.00 44 5'RECESSED CURB INLET EA 16.00 $2,000.00 $32,000.00 15.00 15.00 $30,000.00 45 REINFORCED CONCRETE FACTORY WYE EA 15.00 $200.00 $3,000.00 11.00 11.00 $2,200.00 46 TRENCH SAFETY LF 12,117.00 $0.10 $1,211.70 5,582.00 5,582.00 $558.20 47 TYPE A MANHOLE EA 6.00 $6,500.00 $39,000.00 0.00 $0.00 48 TYPE B MANHOLE EA 7.00 $6,500.00 $45,500.00 10.00 10.00 $65.000.00 48A 8"GROUTED RIPRAP CY 3.00 $1,000.00 $3,000.00 0.00 $0.00 62 4'DIAMETER SEWER MANHOLES EA 3.00 $2,500.00 $7,500.00 4.00 4.00 $10,000.00 63 8"GATE VALVE EA 5.00 $1,000.00 $5,000.00 11.00 11.00 $11.000.00 72 NTMWD VALVE MANHOLES-MODIFICATIONS LS 1.00 $18,000.00 $18,000.00 1.00 1.00 $18,000.00 77 SPECIAL SHORING SF 5,243.00 $10.00 $52,430.00 0.00 $0.00 81 CONCRETE HEADWALL ON 48"STORM SEWER LS 1.00 $4.000.00 $4,000.00 1.00 1.00 $4,000.00 SUB-TOTAL STORM SEWER $727,848.70 $604,575.20 WATER 55 4"PVC CONDUIT(SCH40) LF 2,283.00 $5.00 $11,415.00 3,348.00 3,348.00 $16,740.00 56 12"GATE VALVE EA 2.00 $2,000.00 $4,000.00 3.00 3.00 $6,000.00 57 12"PVC WATERLINE LF 1,037.00 $67.00 $69,479.00 1,047.00 1.047.00 $70,149.00 58 14"TAPPING SLEEVE&VALVE EA 1.00 $7,000.00 $7,000.00 1.00 1.00 $7,000.00 59 16"GATE VALVE EA 1.00 $6.000.00 $6,000.00 2.00 2.00 $12,000.00 60 16"PVC WATERLINE LF 2,400.00 $78.00 $187,200.00 2,206.00 2,206.00 $172,068.00 61 2"VALVE&METER BOX-WATER IRRIGATION EA 6.00 $2.500.00 $15,000.00 0.00 $0.00 65 8"PVC WATERLINE EA 1.410.00 $38.00 $53,580.00 1,496.00 1,496.00 $56,848.00 66 8"TAPPING SLEEVE&VALVE EA 2.00 $4.000.00 $8,000.00 2.00 2.00 $8,000.00 68 EXISTING VALVES-ADJUSTMENT EA 9.00 $300.00 $2,700.00 1.00 1.00 $300.00 70 EXISTING WATER-CONNECTION EA 8.00 $1.000.00 $8,000.00 6.00 6.00 $6.000.00 71 DUCTILE IRON FITTINGS TN 2.23 $3,500.00 $7,805.00 3.05 3.05 $10,675.00 Project: BALLARD AVE,ALANIS AVE.TO STONE ROAD Contract Amount:$3,713,509.45 Owner:CITY OF WYLIE PAY REQUEST NO.13& FINAL REVISED CONTRACT AMOUNT$4,263,423.43 Pay request period :January 26, 2008- February 25, 2008 Contractor:TRI-CON SERVICES, INC., P.O. BOX 472867,GARLAND,TX 75047-2867 Inspector:JOSEPH TIDWELL Item Description Unit Quantity Unit Price Total Bid Prev. This month Compl.To This month$ $To Date No. Installed date 73 EXISTING FIREHYDRANT&VALVE RELOCATING EA 2.00 $3.000.00 $6,000.00 5.00 5.00 $15,000.00 75 EXISTING WATER MAIN-VERTICAL& HORIZ.ADJ. LF 200.00 $100.00 $20,000.00 321.00 321.00 $32,100.00 76 WATER SERVICE CONNECTIONS EA 17.00 $1.000.00 $17,000.00 26.00 26.00 $26,000.00 77 STEEL CASING LF 12.00 $68.83 $825.96 12.00 12.00 $825.96 SUB-TOTAL WATER $424,004.96 $0.00 $439.705.96 SANITARY SEWER 64 8"PVC SANITARY SEWER PIPE LF 1,180.00 $35.00 $41,300.00 1,222.00 1,222.00 $42,770.00 67 SANITARY SEWER MANHOLES-ADJ TO EXIST EA 5.00 $1,250.00 $6,250.00 3.00 3.00 $3,750.00 69 CONNECTION TO EXISTING SEWER EA 1.00 $1,000.00 $1,000.00 3.00 3.00 $3,000.00 74 SEWER SERVICE CONNECTIONS EA 23.00 $600.00 $13,800.00 22.00 22.00 $13,200.00 SUB-TOTAL SANITARY SEWER $62,350.00 $0.00 $62.720.00 ELECTRICAL Al DRILL SHAFT-30"-TRF SIG POLE LF 22.00 $207.00 $4,554.00 22.00 22.00 $4,554.00 A2 CONDUIT-PVC-SCH40-2" LF 10.00 $18.40 $184.00 10.00 10.00 $184.00 A3 CONDUIT-PVC-SCH40-3" LF 305.00 $9.20 $2,806.00 305.00 305.00 $2,806.00 A4 CONDUIT-PVC-SCH40-3"BORE LF 50.00 $17.25 $862.50 50.00 50.00 $862.50 A5 ELECTRIC CONDUCTOR-NO.6-BARE LF 365.00 $1.15 $419.75 365.00 365.00 $419.75 $419.75 A6 ELECTRIC CONDUCTOR-NO.6-INSULATED LF 40.00 $1.15 $46.00 40.00 40.00 $46.00 $46.00 A7 GROUND BOX-TY C- 162911 -W/APRON EA 5.00 $759.00 $3,795.00 5.00 5.00 $3.795.00 A8 ELECTRIC SERVICE TY D 120/240 070(NS)SS EA 1.00 $5,635.00 $5,635.00 0.75 0.25 1.00 $1,408.75 $5,635.00 A9 HWY TRAFFIC SIGNAL-ISOL-ECON ASC 252100 EA 1.00 $21,000.00 $21,000.00 1.00 1.00 $21.000.00 $21,000.00 A10 BACKPLATE- 12"-3 SEC EA 7.00 $115.00 $805.00 7.00 7.00 $805.00 $805.00 All VEH SIG SEC-12"-LED(GRN) EA 1.00 $345.00 $345.00 1.00 1.00 $345.00 $345.00 Al2 VEH SIG SEC-12"-LED(RED) EA 7.00 $287.50 $2,012.50 7.00 7.00 $2,012.50 $2,012.50 A13 VEH SIG SEC- 12"-LED(YEL) EA 13.00 $299.00 $3,887.00 13.00 13.00 $3.887.00 $3,887.00 A14 TRF SIG CBL-TY A- 12AWG-10 CONDR LF 450.00 $3.45 $1,552.50 450.00 450.00 $1.552.50 $1,552.50 A15 TRF SIG CBL-TY A- 14 AWG-5 CONDR LF 169.00 $2.30 $388.70 169.00 169.00 $388.70 $388.70 A16 INS TRF SIG PL AM(S) 1 ARM-24' EA 1.00 $4,140.00 $4,140.00 1.00 1.00 $4,140.00 $4,140.00 Al 7 INS TRF SIG PL AM(S) 1 ARM-28' EA 1.00 $4,370.00 $4,370.00 1.00 1.00 $4.370.00 $4.370.00 Project: BALLARD AVE,ALANIS AVE.TO STONE ROAD Contract Amount:$3,713,509.45 Owner:CITY OF WYLIE PAY REQUEST NO. 13& FINAL REVISED CONTRACT AMOUNT$4,263,423.43 Pay request period :January 26, 2008- February 25, 2008 Contractor:TRI-CON SERVICES, INC., P.O. BOX 472867,GARLAND,TX 75047-2867 Inspector:JOSEPH TIDWELL Item Description Unit Quantity Unit Price Total Bid Prev. This month Compl.To This month$ $To Date No. Installed date Al 8 PEDESTAL POLE ASSEMBLY EA 1.00 $1,840.00 $1,840.00 1.00 1.00 $1,840.00 $1,840.00 A19 UNIDIRECTIONAL OPTI DECTOR(3M TYPE 711) EA 3.00 $690.00 $2,070.00 3.00 3.00 $2,070.00 $2,070.00 A20 OPTICOM DETECTOR CABLE LF 538.00 $1.15 $618.70 538.00 538.00 $618.70 $618.70 A21 PHASE SELECTOR (3M TYPE 754) EA 1.00 $3,450.00 $3,450.00 1.00 1.00 $3,450.00 $3,450.00 SUB-TOTAL ELECTRICAL $64,781.65 $48,353.90 $64,781.65 .140A14 DETOUR C1 SITE PREPARATION LS 1.00 $31,200.00 $31,200.00 1.00 1.00 $31,200.00 C2 REMOVE ASPHALT PAVEMENT SY 3,285.00 $4.50 $14,782.50 3,285.00 3,285.00 $14,782.50 C3 UNCLASSIFIED STREET EXCAVATION CY 9,556.00 $5.51 $52,653.56 9,556.00 9,556.00 $52,653.56 C4 6"LIME TREATMENT SY 7,605.00 $3.00 $22,815.00 7,383.01 7,383.01 $22,149.03 C5 HYDRATED LIME TN 154.19 $130.00 $20,044.70 151.35 151.35 $19.675.50 C6 TEMP.6"CONC.W/TRANVS DOWELS/NO REBAR SY 3,188.79 $39.00 $124,362.81 2,954.00 2,954.00 $115,206.00 C7 PERM.8"CONC.W/REBAR&TRANSV. DOWELS SY 2,750.73 $49.63 $136,518.73 2,756.00 2,756.00 $136,780.28 C8 STREET HEADER LF 82.00 $23.13 $1,896.66 82.00 82.00 $1,896.66 C9 6"ASPHALT PAVEMENT TN 324.80 $114.10 $37,059.68 334.32 334.32 $38,145.91 C10 21"CL III RCP LF 50.00 $61.82 $3,091.00 50.00 50.00 $3,091.00 C11 24"CL III RCP LF 10.00 $67.14 $671.40 10.00 10.00 $671.40 C12 5'CURB INLET EA 1.00 $5,411.00 $5,411.00 1.00 1.00 $5,411.00 C13 36"CL III RCP LF 220.00 $162.00 $35,640.00 220.00 220.00 $35.640.00 C14 SLOPED END SECTION EA 2.00 $8,500.00 $17,000.00 2.00 2.00 $17,000.00 C15 18"TYPE C CRY RIPRAP SY 130.00 $60.00 $7,800.00 130.00 130.00 $7,800.00 C16 SMALL SIGNS EA 32.00 $210.00 $6,720.00 32.00 32.00 $6,720.00 C17 PAVEMENT MARKING-4"SOLID WHITE LF 3,812.00 $0.70 $2,668.40 3,342.00 3,342.00 $2,339.40 C18 PAVEMENT MARKING-4"DOTTED WHITE LF 90.00 $2.00 $180.00 80.00 80.00 $160.00 C19 PAVEMENT MARKING-8"SOLID WHITE LF 102.00 $3.00 $306.00 128.00 128.00 $384.00 C20 PAVEMENT MARKING-4"SOLID YELLOW LF 3,720.00 $0.75 $2,790.00 3,342.00 3,342.00 $2,506.50 C21 PAVEMENT MARKING-12"SOLID YELLOW LF 315.00 $6.00 $1,890.00 357.00 357.00 $2.142.00 C22 PAVEMENT MARKING-ARROW EA 2.00 $175.00 $350.00 2.00 2.00 $350.00 C23 REFLECTORIZED PAVEMENT MARKING EA 140.00 $5.00 $700.00 120.00 120.00 $600.00 C24 OBJECT MARKER EA 1.00 $150.00 $150.00 0.00 $0.00 C25 TURFGRASS SEEDING SY 22,000.00 $0.15 $3,300.00 22,001.00 22,001.00 $3.300.15 Project: BALLARD AVE, ALANIS AVE.TO STONE ROAD Contract Amount:$3,713,509.45 Owner:CITY OF WYLIE PAY REQUEST NO. 13& FINAL REVISED CONTRACT AMOUNT$4,263,423.43 Pay request period :January 26, 2008- February 25, 2008 Contractor:TRI-CON SERVICES,INC., P.O. BOX 472867,GARLAND,TX 75047-2867 Inspector:JOSEPH TIDWELL Item Description Unit Quantity Unit Price Total Bid Prev. This month Compl.To This month$ $To Date No. Installed date C26 EROSION CONTROL LS 1.00 $8.950.00 $8,950.00 1.00 1.00 $8,950.00 SUB-TOTAL FM 1378(C.C.ROAD DETOUR) $538,951.44 $529,554.89 TOTAL $4,268,131.01 - 0.00 $59,361.95 $4,130,794.41 Current Total Total Amount of Work Completed $59,361.95 $4,130.794.41 Less Tri-Con Services. Inc. Retainage 0.00 $0.00 $0.00 Date Other Amount Payable on Contract $4,130,794.41 City of Wylie Less Date Payments $3,867,860.84 TRC Engineers Other Date Due this Estimate $262,933.57 Project: BALLARD AVE,ALANIS AVE.TO STONE ROAD Contract Amount:$3,713,509.45 Owner:CITY OF WYLIE PAY REQUEST NO. 13& FINAL REVISED CONTRACT AMOUNT$4,263,423.43 Pay request period :January 26,2008- February 25, 2008 Contractor:TRI-CON SERVICES, INC., P.O. BOX 472867, GARLAND,TX 75047-2867 Inspector:JOSEPH TIDWELL Item Prey. Compl.To No. Description Unit Quantity Unit Price Total Bid Installed This month date This month$ $To Date PAVING 1 BARRIER FREE RAMP(MINOR INTERSECTION) EA 13.00 $500.00 $6,500.00 13.00 13.00 $6,500.00 2 BLOCK SOD-FURNISH&INSTALL SY 14,208.00 $3.00 $42,624.00 13,874.00 13,874.00 $41,622.00 2A BROADCAST SEEDING-FERTILIZING&MAINT LS 1.00 $1,500.00 $1,500.00 0.80 0.20 1.00 $300.00 $1.500.00 3 FENCE- RELOCATE EXIST. ALONG PROP R.O.W. LF 1,471.00_ $7.00 $10,297.00 1,311.00 1,311.00 $9.177.00 4 EXISTING MAILBOX-REMOVE&RELOCATE EA 23.00 $50.00 $1,150.00 26.00 26.00 $1.300.00 5 ILLUM. POLE&24"DIA.FOUNDATION-RELOCATE EA 1.00 $4,000.00 $4,000.00 0.00 $0.00 6 SIDEWALK-3000 PSI REINFORCED-FURN&INST. SY 2,833.00_ $30.00 $84,990.00 2,501.50 155.E 2,346.50, -$4,650.00 $70,395.00 7 6"FLEX BASE-TYPE B Gr.2 SY 1,220.00_ $10.00 $12,200.00 0.00 $0.00 8 6"ASPHALT PAVEMENT-TYPED SY 1,153.00 $26.00 $29,978.00 930.22 26.22 956.44 $681.72 $24,867.44 9 6"CONCRETE DRIVEWAY-3600 PSI SY 2,140.00 $38.00 $81,320.00 2,223.52 232.27 1,991.25 -$8,826.26 $75,667.50 10 7"LIME STABILIZED SUBGRADE(7.5%) SY 24,562.00 $2.00 $49,124.00 21,754.80 21,754.80 $43,509.60 11 8"DOWELED CONCRETE PAVEMENT-3600 PSI SY 25,305.00 $36.50 $923,632.50 20,648.68 323.83 20,972.51 $11,819.80 $765,496.62 11A10"CONCRETE PAVEMENT-3600PSI SY 1,439.00 $44.00 $63,316.00 8,466.48 8.466.48 $372,525.12 12 HYDRATED LIME TN 504.00 $115.00 $57,960.00 445.95 445.95 $51,284.25 13 CONCRETE STREET HEADER LF 59.00 $25.00 $1,475.00 0.00 $0.00 14 CONCRETE UNDER STREET HEADER LF 690.00 $15.00 $10,350.00 0.00 $0.00 15 MEDIAN PAVERS SY 148.00 $80.00 $11,840.00 165.88 16.91 182.79 $1.352.80 $14,623.20 16 MONOLITHIC MEDIAN NOSE CY 1.00 $1,000.00 $1,000.00 0.00 $0.00 17 REFLECTIVE PAVMT MARKINGS-TYII (Y)4"SLD LF 6,431.00_ $0.40 $2,572.40 341.00 1,069.00 1.410.00 $427.60 $564.00 18 REFLECTIVE PAVMT MARKINGS-TYII (W)4"SLD LF 7,225.00 $0.40 $2,890.00 0.00 $0.00 19 REFLECTIVE PAVMT MARKINGS-TYII (W)4"BRK LF 1,832.00 $0.40 $732.80 1,720.00 1,720.00 $688.00 20 REFLECTIVE PAVMT MARKINGS-TYII(W) 12"SLD LF 951.00_ $0.40 $380.40 631.00 262.00 893.00 $104.80 $357.20 21 REFLECTIVE PAVMT MARKINGS-TYII(W)24"SLD LF 250.00 $3.00 $750.00 76.00 183.00 259.00 $549.00 $777.00 22 REFLECTIVE PAVMT MARKINGS-TYII(W)(ARROW EA 2.00 $50.00 $100.00 0.00 $0.00 23 REFLECTIVE PAVMT MARKINGS-TYII(W) (WORD) EA 2.00 $55.00 $110.00 0.00 $0.00 24 TRAFFIC BUTTON-TY 1-C EA 64.00 $3.00 $192.00 0.00 $0.00 25 TRAFFIC BUTTON TYII C-R EA 92.00 $3.00 $276.00 192.00 52.00 244.00 $156.00 $732.00 26 TRAFFIC BUTTON-TY W EA 120.00 $3.00_ $360.00 362.00 362.00 $1,086.00 27 TRAFFIC BUTTON-TYII B-B EA 2.00' $20.00 $40.00 0.00 $0.00 28 SIGN-MOVING&RELOCATING EA 30.00, $50.00_ $1,500.00 17.00 17.00 $850.00 29 ROADWAY EMBANKMENT MATERIAL CY 1,642.00 $1.00 $1,642.00 1,642.00 1,642.00 $1,642.00 30 PREPARING RIGHT-OF-WAY STA 41.001 $7,500.00 $307,500.00 41.00 41.00 $307,500.00 Project: BALLARD AVE,ALANIS AVE.TO STONE ROAD Contract Amount:$3,713,509.45 Owner:CITY OF WYLIE PAY REQUEST NO. 13& FINAL REVISED CONTRACT AMOUNT$4,263,423.43 Pay request period :January 26, 2008- February 25, 2008 Contractor:TRI-CON SERVICES, INC., P.O. BOX 472867,GARLAND,TX 75047-2867 Inspector:JOSEPH TIDWELL Item Description Unit Quantity Unit Price Total Bid Prev. This month Comp!.To This month$ $To Date No. Installed date 31 UNCLASSIFIED CHANNEL EXCAVATION CY 500.00 $4.00 $2,000.00 0.00 $0.00 32 UNCLASSIFIED STREET EXCAVATION CY 19,581.00 $8.00 $156,648.00 20,032.57 20,032.57 $160,260.56 33 EXISTING ASPHALT PAVEMENT-REMOVE& DISP. SY 12,870.00 $5.00 $64,350.00 12,870.00 12,870.00 $64,350.00 34 EXISTING GRAVEL-REMOVE& DISPOSE SY 417.00 $6.00 $2,502.00 417.00 417.00 $2,502.00 35 EXISTING CONCRETE DRIVE&PAVEMENT- R&D SY 4,087.00 $10.00 $40,870.00 4,334.68 126.00 4.460.68 $1,260.00 $44,606.80 36 EXISTING PIPE-REMOVE& DISPOSE LE 329.00 $10.00 $3,290.00 335.00 335.00 $3,350.00 49 BARRICADES,SIGNS&TRAFFIC HANDLING _MO 12.00 $1.900.00 $22,800.00 10.00 10.00 $19.000.00 50 CONSTRUCTION DETOUR-MAINTAIN& REMOVE SY 1,519.00 $34.00 $51,646.00 737.45 737.45 $25.073.30 51 ROCK FILTER DAMS(TY2) EA 3.00 $150.00 $450.00 0.00 $0.00 52 CONSTRUCTION EXIT-FURNISH&MAINTAIN EA 6.00 $300.00 $1,800.00 0.00 $0.00 53 INLET SEDIMENT TRAP LF 470.00 $5.00 $2,350.00 40.00 40.00 $200.00 54 SILT FENCE/EROSION LF 431.00 $2.00 $862.00 431.00 431.00 $862.00 78 STEEL PLATE PROTECTION TN 93.40 $1,060.00 $99,004.00 77.54 77.54 $82,192.40 79 RETAINING WALLS-TYPE 6 LF 739.00 $125.00 $92,375.00 590.00 25.00 615.00 $3,125.00 $76,875.00 80 MOBILIZATION LS 1.00 $130.000.00 $130,000.00 1.00 1.00 $130,000.00 82 7"CEMENT TREATED BASE(CTB MAT-7 1/2%) SY 2,481.00 $21.00 $52,101.00 0.00 $0.00 CHANGE ORDER NO. 1 CTB BACKFILL ON UTILITIES CY 57.50 $93.21 $5,359.58 193.50 193.50 $18,036.14 CHANGE ORDER NO.2 TURN LANE LABOR EA 1.00 $2.983.00 $2,983.00 1.00 1.00 $2,983.00 CHANGE ORDER NO.3 INSTALL MAIL BOXES EA 12.00 $149.50 $1,794.00 12.00 12.00 $1,794.00 CHANGE ORDER NO.4 ALANIS ST.6"CONCRETE PAVEMENT SY 64.85 $38.00 $2,464.30 64.85 64.85 $2,464.30 $2,464.30 ALANIS ST.8"CONCRETE PAVEMENT SY 61.46 $36.50 $2,243.29 61.46 61.46 $2,243.29 $2,243.29 SUB-TOTAL PAVING $2,450,194.27 $11,008.05 $2,429,456.71 STORM SEWER CONTRACTOR'S AFFIDAVIT OF BILLS PAID (To be executed prior to acceptance of project) STATE OF TEXAS COUNTY OF DALLAS ,Personally, before me the undersigned authority,on this day appeared /j-GC G. 6I}50A) ,who,being duly sworn,on oath, says that he is a legal representative of EA vtc 61s / 2 � S ivc Cow and that the contract for the construction of the project, designated as 1A-LL%,.. A vE• PAv/NG- .4N/t7 DR/f0v46-1= I/m?Rot/6,44EAJT_s , FRo,il A . A"3 0'?. To STa.v4' R D • has been satisfactorily completed and that all bills for materials, apparatus, fixture, • machinery and labor used in connection with the construction of this project have,to the best of my knowledge and belief,been fully paid. 2‘71#4471(jr Signature (/ n )MJk ,3. G,(so ) V Y Title Sworn to and s -• before me this S day of J l c/1 209 Notary Pubbc 1, and f r County,Texas • fe. AGE JUDITH A. SUTTON * Notary Public N STATE OF TEXAS 1,0,co } My Comm.Exp 12/05/2009 C&B-9 CONSENT OF SURETY TO FINAL PAYMENT Bond No. 105019667 PROJECT: Ballard Avenue from Alanis Drive to Stone Road TO (Owner): City of Wylie P.O. Box 428 Wylie, TX 75098 CONTRACT FOR: Paving & Drainage CONTRACT DATE: CONTRACTOR: Tri-Con Services, Inc. In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 , SURETY COMPANY, on bond of Tri-Con Services, Inc. 3010 Main Street Rowlett,TX 75088 , CONTRACTOR, hereby approves of the final payment to the Contractor,and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to City of Wylie P.O. Box 428 Wylie,TX 75098 OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, Travelers Casualty and Surety Company of America the Surety Company has hereunto set its hand this 3rd day of March, 2009 Travelers asualty and Surety Company of America Surety Company erAILti Mc,9 Connie Je regal, Attorney-in-fact (Seal) • • WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER .tom► POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 220196 Certificate No.0 0 2 6 6 2 6 0 3 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Lloyd Ray Pitts,Beverly M.Trimble.Connie Jean Kregel,Jeffrey Todd McIntosh,and Cynthia Watson Fowler of the City of Dallas ,State of Texas ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their.business ofguaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or in a ons o edin s allowed bylaw. \ 5 8 IN WITNESS WHEREOF,the Companies have caused this instn thto"be ned and l•c i iorate seals to be hereto affixed,this 14th day of October 20l}8 ,,�' \ . ilk) ^IV.; 3. Farmington Casualty Co c �1v St.Paul Guardian Insurance Company Fidelity and Guaranty is t St.Paul Mercury Insurance Company Fidelity and Guaranty Insullatilt ernderwillers,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company eau O+of.s u„ ,Pol ,.... „sun, TV016y 00:1,1:.y6(,9 Jp{,2!&4 '40V 44.4 I.M�? �Rfl•' ''#` ' S4 _ �� i;>""4r! e°: q ,o d % ,�r'� yet z 1982 9 8 2 g _ "aMf® `a 1927 �^•c+a'' m', - t, r;`t_rE.'' d C � i faf t981 N. i. r 1 i�,e, ?�SEItE4 SZakii . • ,� No Awo49 *04 State of Connecticut By: City of Hartford ss. Genrg Thompson,, ice President On this the 14th day of October 2008,More me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc., Seaboard Surety Company.St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. T a ��\\ , In Witness Whereof,I hereunto set my hand and official seal. t • ��+ C My Commission expires the 30th day of June,2011. *� � * Marie C.Tetreault.Notary Public 58440-5-07 Printed in U.S.A. WARNING;'MIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Bond No. 105019667 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS,That we Tri-Con Services,Inc..,as Principal,and Travelers Casualty and Surety Company of America,corporations duly licensed to transact business in the State of Texas(hereinafter called the Surety),as Surety,are held and firmly bound unto City of Wylie in the sum of Four Million Two hundred Sixty Three Thousand Four Hundred Twenty Three and 43/100---(54,263,423.43----)Dollars for the payment of which sum well and truly to be made,we,the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,formally by these presents. Sealed with our seals and dated this 3rd day of March,2009. WHEREAS,the said Principal has heretofore entered into a contract with City of Wylie for Paving&Drainage Improvements Ballard Avenue from Mauls Drive to Stone Road and, WHEREAS,the said Obligee has requested that said work be guaranteed against failure because of defective workmanship or material,performed or furnished by said Principal for a period of two(2)year(s)from date of completion and acceptance by the City of Wylie,normal wear and tear excluded. NOW THEREFORE, if the said Principal shall indemnify and save harmless the obligee against loss or damage occasioned directly by the failure of said materials or workmanship,then this obligation to be void,otherwise to remain in full force and effect. It is understood, however, that this bond shall not include loss or damage by failure of workmanship or materials due to hurricane,cyclone,tornado,earthquake,volcanic eruption or any similar disturbance of nature, nor military,naval or usurped power, insurrection,riot or civil commotion,nor any act of God. No right of action shall accrue upon or by reason of this obligation,to or for the use of benefit of any person,firm or corporation,other than the obligee herein named. Principal Surety Tri-Con Services,Inc. Travelers Casualty and Surety Company of America By• By:_t al ARI lilt, Ul Connie Jean gel, Y Attom -in-Fact WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AM POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surely Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No, 220196 Certificate No.0 0 2 6 6 2 6 0 5 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Lloyd Flay Pitts,Beverly M.Trimble.Connie Jean Kregel,Jeffrey Todd McIntosh,and Cynthia Watson Fowler of the City of Dallas ,State of Texas ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their.business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or peres ediin anyillOons or pAceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this ins to skRne turd i cor orate seals to be hereto affixed,this 14th day of October 2008 . ,k ., -�y• . \ ' �. Farmington Casualty Caw "� cl"�'3 St.Paul Guardian Insurance Company Fidelity and Guaranty'st r tp�, St.Paul Mercury Insurance Company Fidelity and Guaranty Insult lie Unde ers,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Flre and Marine Insurance Company United States Fidelity and Guaranty Company .tit. ; 1Wc:,*A:E, /1/46042.1.011,,1.6 1 1951 m f�44' .,SEAL, j1i58XL.i e. f yt.a`+. s'r�i tilt a1 {LJUR' c'c `n\.....;lid .N. :'b ►e , e41..4.,:rTr rie,„e„,,, State of Connecticut By: �'` City of Hartford ss. Georg Thompson."ice President On this the 14th day of October 2008,before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 4ir In Witness Whereof,I hereunto set my hand and official seal. \'i( \\�� e. . My Commission expires the 30th day of June,2011. * * `Marie C.Tetreault,Notary Public 4. Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER a • IMPORTANT NOTICE To obtain Information or make a complaint You may call Travelers Casualty and Surety Company of America and Its affiliates'toll- free telephone number for Information or to make a complaint at • 1.800428 2189 You may contact the Texas Departnnent•of insurance to obtain information on companies, coverages, rights or complaints at 1.800-282.3489 You may write the Texas Department of Insurance: P. 0. Box 149104 • Austin, TX 78714-9104 Fax:.(512) 475.1771. Web: htto://Vgvw tdLstate.tx.u4 E�rrrall: Concur er rotectiontatdi.state.%ye PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first if the dispute is not resolved,you may contact the Texas Department of insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice Is for Information only and does not be come a part or condition of the attached document and Is given to comply with Texas legal and regulatory requirements. • (PN•0424) 6d 10.18.07 74/1, Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 10, 2009 Item Number: 7 (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: Date Prepared: March 4, 2009 Budgeted Amount: Exhibits: 3 Subject Consider, and act upon, Resolution No. 2009-09(R) requesting the State of Texas Department of Transportation rename the remaining portion of FM 3412 to FM 2514. Recommendation Motion to approve Resolution No. 2009-09(R) requesting the State of Texas Department of Transportation rename the remaining portion of FM 3412 to FM 2514. Discussion The Texas Transportation Commission approved a minute order on November 20, 2008 releasing ownership and control of FM 3412 (Brown Street) from FM 1378 to Ballard Avenue. Ballard Avenue from Brown Street to SH 78 is still currently designated as FM 3412. TxDOT has requested that this portion of roadway be re- designated as FM 2514. The planning department has confirmed that the businesses along this portion of roadway use Ballard Avenue as their address. Approved By Initial Date Department Director CH 3/4/09 City Manager ` s/S/e cf Page 1 of 1 RESOLUTION NO. 2009-09(R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, REQUESTING THE STATE OF TEXAS DEPARTMENT OF TRANSPORTATION REDESIGNATE FM 3412 TO FM 2514 FROM MILEPOINT 7.340 TO MILEPOINT 7.670; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie acknowledges the ownership of FM 3412 from milepoint 7.340 to milepoint 7.670 by the State of Texas Department of Transportation; and WHEREAS, on November 20, 2008 the Texas Transportation Commission transferred FM 3412 from FM 1378 to FM 2514 to the City of Wylie; and WHEREAS, the Texas Department of Transportation has requested that the remaining portion of FM 3412 be re-designated FM 2514; and WHEREAS, the properties along FM 3412 from Brown Street to SH 78 use Ballard Avenue as their address; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS; SECTION 1. That the portion of FM 3412 from milepoint 7.340 to milepoint 7.670 be re-designated FM 2514. SECTION 2. This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this the 10th day of March, 2009. APPROVED: Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No. 2009-09(R) Requesting TXDOT to Redesginate FM3412 to FM2514 REDESIGNATE FM 3412 TO FM 2514 BETWEEN MILEPOINTS SHOWN BELOW POSEY LN \ QUAIL RUN RD PRIVATE ROAD 5311 c St. Paul 7 PARK BLVD CS/ LL St. Paul \\,.....:19, FREDALN co w co 0 n. 2 J U. 2514 St. Paul m cc c D 0 �yS9 D c �0 ¢ rn z 0 O ¢ J z m Z gdit(.. z a w o m O a Y Z 2 cn Q zz MP 7.340 l 3 VICKI LN FM 3412 /� 3412 1378 NICKELVILLE LN uST—CJq N. SON ST GEORC'E1OWN DR U w MAR LE ST h 0 CO F ANDERSONVlLLE LN �Jh O O K ST . Q BURCHSHIRE LN ELLIOT ST 4 �j Wylie FLEMING ST 412 / Cuti A. .� // TLER ST �� / W 3 / > / I I I 4 I I COOPER DR / ~ / cocn H w /ci) / U m 0 // W / 544 FM 5442 // o / MP 7.670 ¢ / 0 ./ 0 0 m m cu ,, x 0 / a 2 0 co co 0 EN�t14e 0N w /' V PL m •/0 // WILLOW WAY / HENSLEY LN // STONEYBROOK DR 3 J z z // °' wa ¢ O 0 //// a z WINDCREST DR o v ¢ ALANISST CORD 10660 CC 0J __________ /4 //,// o MARTIN DR = Properties along west side of Ballard Avenue COLLIN CAD Property Information COLLIN Short Account Number: 13670 Long Account Number: R-2271-001-0010-1 Owner's Name WYLIE CITY OF and Mailing ;2000 N HIGHWAY 78 Address WYLIE, TX 75098 Location BALLARD AVE WYLIE, 75098 Legal TARA SELENE CALDWELL, BLOCK 1, LOT 1, ACRES 0.9833 Description Taxing Entities Code Name 2008 Tax Rate :CWY WYLIE CITY 10.898900000 ;GCN COLLIN COUNTY 0.242500000 JCN COLLIN CO COM COLLEGE €0.086493000 ;SWY WYLIE ISD 1.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 2622285 Long Account Number: R-9294-004-004A-1 Owner's Name WYLIE CITY OF and Mailing 2000 N HIGHWAY 78 Address WYLIE, TX 75098 Location .JACKSON AVE/BALLARD AVE ;WYLIE, 75098 Legal OLDE CITY PARK, BLOCK 4, LOT 4A, ACRES 1 3169 Description Taxing Entities Code ;; Name 2008 Tax Rate CWY WYLIE CITY '0.898900000 ;GCN COLLIN COUNTY ;0.242500000 JCN COLLIN CO COM COLLEGE ;0.086493000 SWY WYLIE ISD 1.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 443121 Long Account Number: R-1166-004-0030-1 Owner's Name TAPP COLTON and Mailing 2250 SACHSE RD Address WYLIE, TX 75098 Location BALLARD ST WYLIE, 75098 Legal `KELLERS #01, BLOCK 4, LOT 3, ACRES 0.0860 Description Taxing Entities Code Name 2008 Tax Rate `CWYWYLIE CITY 0.898900000 GCN COLLIN COUNTY 0.242500000 JCN COLLIN CO COM COLLEGE 0.086493000 SWY WYLIE ISD 510000000 COLLIN CAD Property Information COLLIN Short Account Number: 443112 Long Account Number: R-1166-004-001 B-1 Owner's Name LADYLIKE SHOP INC and Mailing Address PO BOX 516 WYLIE, TX 75098 Location WYLIE, Legal KELLERS #01, BLOCK 4, LOT 1 B 2B, ACRES 0.0830 Description Taxing Entities Code Name 2008 Tax Rate CWY :WYLIE CITY 0.898900000 GCN COLLIN COUNTY 10.242500000 JCN COLLIN CO COM COLLEGE ?0.086493000 SWY WYLIE ISD 1.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 442809 Long Account Number: R-1166-001-0090-1 • Owner's Name NAIL RON HARRIS & NAIL DEBBIE HARRIS and Mailing `PO BOX 1175 Address :WYLIE, TX 75098 Location 101 BALLARD ST N 1 !WYLIE, 75098 Legal KELLERS#01, BLK 1, LOT 9 10, .172 ACRES Description Taxing Entities Code Name 2008 Tax Rate CWY WYLIE CITY 0.898900000 GCN COLLIN COUNTY [0.242500000 JCN COLLIN CO COM COLLEGE 0.086493000 SWY !WYLIE ISD 1.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 442792 Long Account Number: R-1166-001-0080-1 Owner's Name `CRANE VELMA J and Mailing 105 N BALLARD AVE Address ;WYLIE, TX 75098 ........... Location 105 BALLARD AVE N WYLIE, 75098 Legal KELLERS #01, BLK 1, LOT 8, .086 ACRES Description Taxing Entities Code Name 2008 Tax Rate CWY WYLIE CITY r0.898900000 GCN COLLIN COUNTY 10.242500000 JCN COLLIN CO COM COLLEGE 0.086493000 _; SWY WYLIE ISD 1.510000000 _. COLLIN CAD Property Information COLLIN Short Account Number: 442765 Long Account Number: R-1166-001-005A-1 Owner's Name ;WRIGHT JAMES and Mailing 2750 PECAN DR Address ;WYLIE, TX 75098 Location BALLARD ST N :WYLIE, 75098 Legal ,KELLERS #01, BLOCK 1, LOT 5A, ACRES 0.0690 Description Taxing Entities ? Code Name i 2008 Tax Rate CWY WYLIE CITY 10.898900000 GCN COLLIN COUNTY 10.242500000 JCN COLLIN CO COM COLLEGE 0.086493000V SWY :WYLIE ISD 1.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 442774 Long Account Number: R-1166-001-0060-1 Owner's Name 'GABLE LEGRANT L and Mailing PO BOX 1002 Address WYLIE, TX 75098 Location 111 BALLARD AVE N WYLIE, 75098 Legal KELLERS #01, BLK 1, LOT 6 & 7B Description Taxing Entities Code Name i 2008 Tax Rate CWY WYLIE CITY [0.898900000 GCN COLLIN COUNTY 10.242500000 JCN COLLIN CO COM COLLEGE 10.086493000 `SWY WYLIE ISD [1.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 442756 Long Account Number: R-1166-001-003A-1 Owner's Name CARROLL DENISE H and Mailing 2509 SILVER MAPLE DR Address WYLIE, TX 75098 Location 113 BALLARD N WYLIE, 75098 Legal KELLERS #01, BLK 1, LOT 3A, 4 & 5B, .167 ACRES Description Taxing Entities Code f Name 2008 Tax Rate ;CWY WYLIE CITY 0.898900000 GCN COLLIN COUNTY 10.242500000 `JCN COLLIN CO COM COLLEGE I0.086493000 SWY WYLIE; ISD 1.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 442747 Long Account Number: R-1166-001-002B-1 Owner's Name K & B VENTURES LLC and Mailing PO BOX 125 Address WYLIE, TX 75098 Location 117 BALLARD ST N ,WYLIE, 75098 Legal KELLERS#01, BLK 1, LOT 2B 3B, .069 ACRES Description Taxing Entities Code Name 2008 Tax Rate CWY WYLIE CITY 0.898900000 GCN 'COLLIN COUNTY 0.242500000 JCN COLLIN CO COM COLLEGE 0.086493000 SWY WYLIE ISD 11.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 442738 Long Account Number: R-1166-001-001 B-1 Owner's Name K & B VENTURES LLC and Mailing PO BOX 125 Address WYLIE, TX 75098 Location 119 BALLARD ST N 'WYLIE, 75098 Legal €KELLERS #01, BLK 1, LOT 1B &2A, .055 ACRES Description Taxing Entities Code Name ( 2008 Tax Rate CWY WYLIE CITY 10.898900000 GCN COLLIN COUNTY T0.242500000 JCN COLLIN CO COM COLLEGE 0.086493000 SWY WYLIE ISD ;1.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 442729 Long Account Number: R-1166-001-001A-1 Owner's Name :DAVIS SANDRA and Mailing ;102 W BROWN ST Address ;WYLIE, TX 75098 Location 121 BALLARD AVE N 'WYLIE, 75098 Legal `KELLERS #01, BLOCK 1, LOT 1A, ACRES 0.1000 Description Taxing Entities Code Name I 2008 Tax Rate ;CWY WYLIE CITY 10.898900000 GCN COLLIN COUNTY — '0.242500000 JCN COLLIN CO COM COLLEGE 0.086493000 SWY WYLIE ISD 11.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 437218 Long Account Number: R-1156-001-0020-1 Owner's Name 'KING ROBERT and Mailing Address 1248 LYNDA LN WYLIE, TX 75098 Location 1131 BALLARD ST N ;WYLIE, 75098 Legal BROWN & BURNS, BLK 1, LOT E 1/2 OF 2 Description Taxing Entities Code Name 2008 Tax Rate `CWY WYLIE CITY 10.898900000 ;GCN COLLIN COUNTY 10.242500000 JCN COLLIN CO COM COLLEGE 10.086493000 SWY WYLIE ISD 11.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 437236 Long Account Number: R-1156-002-003A-1 Owners Name HEATH ROBERT and Mailing 4506 E PARKER RD Address 'ALLEN, TX 75002 Location 201 BALLARD ST N WYLIE, 75098 Legal BROWN & BURNS, BLK 2, LOT 3A 3B 4A 4B, .172 ACRES Description Taxing Entities Code Name 2008 Tax Rate CWY WYLIE CITY {0.898900000 GCN 'COLLIN COUNTY 0.242500000 JCN COLLIN CO COM COLLEGE '0.086493000 SWY WYLIE ISD 11.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 437245 Long Account Number: R-1156-002-0050-1 Owner's Name ;POPS PROPERTY II LTD LLP and Mailing Address 204 E KINGSBRIDGE DR `GARLAND, TX 75040 Location 203 BALLARD ST S WYLIE, 75098 Legal ;BROWN & BURNS, BLOCK 2, LOT 5 6 7 8 9 Description Taxing Entities Code Name 2008 Tax Rate CWY WYLIE CITY j0.898900000 :GCN COLLIN COUNTY 0.242500000 JCN 'COLLIN CO COM COLLEGE 10.086493000 . ........... .......... ;SWY WYLIE ISD 1.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 437263 Long Account Number: R-1156-002-0100-1 Owner's Name 'FATTANI ZIKER A&ZOHRA and Mailing 1P0 BOX 487 Address ;WYLIE, TX 75098 Location 219 BALLARD ST N WYLIE, 75098 Legal BROWN & BURNS, BLK 2, LOT 10 11 12 Description Taxing Entities Code . Name 1 2008 Tax Rate CWY WYLIE CITY 0.898900000 GCN COLLIN COUNTY 0.242500000 JCN COLLIN CO COM COLLEGE 0.086493000 SWY WYLIE ISD 1.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 437290 Long Account Number: R-1156-003-0130-1 BIRMINGHAM FRANKLIN OVID MEMORIAL LAND TRUST Owner's Name CIO JOHN R JENKINS III ATTY AT LAW and Mailing PO BOX 546 Address WYLIE, TX 75098 Location 301 BALLARD ST N WYLIE, 75098 Legal 'BROWN & BURNS, BLOCK 3, LOT 13 14 15 Description Taxing Entities Code Name 2008 Tax Rate CWY WYLIE CITY 0.898900000 GCN COLLIN COUNTY 0.242500000 JCN COLLIN CO COM COLLEGE 10.086493000 SWY WYLIE ISD 1 510000000 COLLIN CAD Property Information COLLIN Short Account Number: 437307 Long Account Number: R-1156-003-0160-1 Owner's Name 0 BIRMINGHAM MEMORIAL LAND and Mailing Address PO BOX 546 ;WYLIE, TX 75098 Location 307 BALLARD ST N WYLIE, 75098 Legal BROWN & BURNS, BLOCK 3, LOT 16 Description Taxing Entities Code Name i 2008 Tax Rate CWY WYLIE CITY 0.898900000 GCN COLLIN COUNTY 0.242500000 JCN COLLIN CO COM COLLEGE !0.086493000 SWY WYLIE ISD 11.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 437316 Long Account Number: R-1156-003-0170-1 Owner's Name €HELM DENTAL LABORATORY LLC and Mailing 311 N BALLARD AVE Address WYLIE, TX 75098 Location 311 BALLARD ST N ;WYLIE, 75098 Legal :BROWN & BURNS, BLOCK 3, LOT 17 Description Taxing Entities Code Name 2008 Tax Rate CWY ;WYLIE CITY 0.898900000 GCN 'COLLIN COUNTY j0.242500000 `JCN COLLIN CO COM COLLEGE 0.086493000 ;SWY -WYLIE ISD 1.510000000 Properties along east side of Ballard Avenue COLLIN CAD Property Information COLLIN Short Account Number: 1989905 Long Account Number: R-6920-002-0710-1 Owner's Name ;FIRST BAPTIST CHURCH WYLIE and Mailing 100 N 1ST ST Address WYLIE, TX 75098 Location 117 BALLARD AVE ,WYLIE, 75098 Legal ,ABSTRACT A0920 TRUETT, JAMES, BLOCK 2, TRACT 71, ACRES Description 1.1085 Taxing Entities ; Code ? Name I 2008 Tax Rate CWY WYLIE CITY 0.898900000 GCN COLLIN COUNTY 0 242500000 JCN !COLLIN CO COM COLLEGE 0.086493000 ISWY WYLIE ISD 11.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 449358 Long Account Number: R-1169-019-0070-1 Owner's Name SWILLEY REEZIN R and Mailing Address 1713 MAIN ST :GARLAND, TX 75040 Location 1105 BALLARD ST S :WYLIE, 75098 Legal RAILROAD WYLIE, BLOCK 19, LOT 7, ACRES 0.0670 Description 1 Taxing Entities Code Name 2008 Tax Rate CWY WYLIE CITY _ 0.898900000 GCN COLLIN COUNTY 0.242500000 'JCN COLLIN CO COM COLLEGE '0.086493000 ........_... SWY :WYLIE ISD 1.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 449349 Long Account Number: R-1169-019-0060-1 Owners Name !SWILLEY REEZIN R and Mailing i Address 1713 MAIN ST :GARLAND, TX 75040 Location BALLARD ST WYLIE, 75098 Legal 'RAILROAD WYLIE, BLOCK 19, LOT 6, ACRES 0.0760 Description Taxing Entities Code Name 2008 Tax Rate CWY WYLIE CITY 10.898900000 GCN COLLIN COUNTY 0.242500000 JCN COLLIN CO COM COLLEGE '0 086493000 SWY WYLIE ISD '1.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 449330 Long Account Number: R-1169-019-0040-1 Owner's Name FIRST BAPTIST CHURCH WYLIE TEXAS and Mailing 101 N 1ST ST Address WYLIE, TX 75098 Location 111 BALLARD ST S WYLIE, 75098 Legal .RAILROAD WYLIE, BLOCK 19, LOT 4 5, ACRES 0.1980 Description Taxing Entities Code ` Name 2008 Tax Rate CWY 'WYLIE CITY 10.898900000 GCN COLLIN COUNTY 0 242500000 JCN !COLLIN CO COM COLLEGE 0.086493000 SWY `WYLIE ISD 1.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 449330 Long Account Number: R-1169-019-0040-1 Owner's Name FIRST BAPTIST CHURCH WYLIE TEXAS and Mailing 101 N 1ST ST Address WYLIE, TX 75098 Location 111 BALLARD ST S WYLIE, 75098 Legal RAILROAD WYLIE, BLOCK 19, LOT 4 5, ACRES 0.1980 Description Taxing Entities Code Name 2008 Tax Rate CWY WYLIE CITY 0.898900000 GCN COLLIN COUNTY 0.242500000 JCN COLLIN CO COM COLLEGE 0.086493000 SWY WYLIE ISD 11.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 449312 Long Account Number: R-1169-019-0020-1 Owner's Name CONKLE BILLY R and Mailing PO BOX 680 Address WYLIE, TX 75098 Location 1101 BALLARD ST S ;WYLIE, 75098 Legal RAILROAD WYLIE, BLK 19, LOT 2 N 8 OF LOT 3, .138 ACRES Description Taxing Entities ; Code Name 2008 Tax Rate CWY ,WYLIE CITY 10.898900000 GCN 'COLLIN COUNTY 0.242500000 JCN COLLIN CO COM COLLEGE 10.086493000 1 ;SWY !WYLIE ISD 1.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 449214 Long Account Number: R-1169-018-007C-1 Owner's Name KO PETER &ANGELA and Mailing Address :3544 KIMBLE DR PLANO, TX 75025 Location 100 BALLARD ST N WYLIE, 75098 Legal 'RAILROAD WYLIE, BLK 18, LOT 7C, .039 ACRES Description Taxing Entities Code Name 2008 Tax Rate CWY WYLIE CITY 10.898900000 GCN :COLLIN COUNTY 10.242500000 JCN COLLIN CO COM COLLEGE 10.086493000 SWY WYLIE ISD 11.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 449223 Long Account Number: R-1169-018-007D-1 Owner's Name HEATH ROBERT W& DOROTHY ETAL and Mailing WOODWARD FAMILY TRUST Address 14506 E PARKER RD ALLEN, TX 75002 Location 102B BALLARD ST N 'WYLIE, 75098 Legal ;RAILROAD WYLIE, BLK 18, LOT 7D 8 9 10A 11B, .2059 ACRES Description Taxing Entities 1 Code Name 2008 Tax Rate `CWY WYLIE CITY 16.898900000 GCN ....... COLLIN COUNTY:. 10.242500000 1JCN ;COLLIN CO COM COLLEGE 10.086493000 SWY WYLIE ISD 11.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 449241 Long Account Number: R-1169-018-010C-1 Owner's Name LADYLIKE SHOP INC and Mailing Address PO BOX 516 WYLIE, TX 75098 Location 102C BALLARD ST N WYLIE, 75098 Legal RAILROAD WYLIE, BLK 18, LOT 10C, .069 ACRES Description Taxing Entities Code Name 2008 Tax Rate CWY WYLIE CITY 0.898900000 GCN 'COLLIN COUNTY j0.242500000 JCN COLLIN CO COM COLLEGE `0.086493000 SWY WYLIE ISD 11.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 449250 Long Account Number: R-1169-018-011A-1 Owners Name 'HEATH ROBERT W & DOROTHY L & € WOODWORTH FAMILY TRUST and Mailing FRED L &SUE A WOODWORTH-TR Address 4506 E PARKER RD ALLEN, TX 75002 Location %108 BALLARD ST N WYLIE, 75098 Legal RAILROAD WYLIE, BLK 18, LOT 11A, .061 ACRES Description 1 Taxing Entities , Code Name I 2008 Tax Rate CWY WYLIE CITY 10.898900000 GCN COLLIN COUNTY 10.242500000 JCN COLLIN CO COM COLLEGE 10.086493000 `SWY ,WYLIE ISD 1.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 449269 Long Account Number: R-1169-018-0120-1 1 ENGBROCK CHAD & DUGGAN SONIA Owner's Name and Mailing 242 ESTELLE LN Address ;ALLEN, TX 75002 Location 110 BALLARD ST N f _ WYLIE, 75098 Legal RAILROAD WYLIE, BLK 18, LOT 12, .103 ACRES Description Taxing Entities Code Name i 2008 Tax Rate CWY WYLIE CITY 0.898900000 GCN !COLLIN COUNTY 0.242500000 JCN COLLIN CO COM COLLEGE 0.086493000 SWY WYLIE ISD 11.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 449269 Long Account Number: R-1169-018-0120-1 Owner's Name ENGBROCK CHAD & DUGGAN SONIA and Mailing 242 ESTELLE LN Address `ALLEN, TX 75002 Location 110 BALLARD ST N WYLIE, 75098 Legal RAILROAD WYLIE, BLK 18, LOT 12, .103 ACRES Description Taxing Entities ` Code Name i 2008 Tax Rate ICWY WYLIE CITY 0.898900000 GCN `COLLIN COUNTY 0.242500000 JCN :COLLIN CO COM COLLEGE 10.086493000 SWY ;WYLIE ISD 1.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 449278 Long Account Number: R-1169-018-0130-1 BOWLAND GARY E & CHARLOTTE I Owner's Name and Mailing Address :202 LAGO GRANDE TRL WYLIE, TX 75098 Location 112 BALLARD ST N _ WYLIE, 75098 Legal :RAILROAD WYLIE, BLK 18, LOT 13, .103 ACRES Description Taxing Entities Code !; Name j 2008 Tax Rate CWY WYLIE CITY 10.898900000 GCN COLLIN COUNTY 10.242500000 JCN COLLIN CO COM COLLEGE ;0.086493000 SWY WYLIE ISD 11.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 449287 Long Account Number: R-1169-018-0140-1 Owners Name PARKER MARY L ESTATE OF and Mailing SHARON D POLLOCK-IND EXECUTRIX Address 1608 BLACKBURN RD SACHSE, TX 75048 Location 114 BALLARD ST N ;WYLIE, 75098 Legal ;RAILROAD WYLIE, BLK 18, LOT 14, .31 ACRES Description Taxing Entities Code 1 Name 2008 Tax Rate CWY ;WYLIE CITY 0.898900000 GCN COLLIN COUNTY 0.242500000 `JCN COLLIN CO COM COLLEGE 0.086493000 SWY WYLIE ISD.. .. 1.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 2032622 Long Account Number: R-1169-018-0170-1 Owner's Name EVANS DONNA & and Mailing !OVARI GABOR KERTI Address '307 KEFFER N WYLIE, TX 75098 Location 122 BALLARD ST N WYLIE, 75098 Legal ;RAILROAD WYLIE, BLK 18, LOT 17A Description Taxing Entities Code Name 2008 Tax Rate CWY WYLIE CITY 0.898900000 GCN COLLIN COUNTY 0.242500000 ;JCN COLLIN CO COM COLLEGE ;0.086493000 SWY WYLIE ISD 11.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 449296 Long Account Number: R-1169-018-017B-1 Owner's Name BRAST PATRICIA A&JEFFREY D and Mailing 1602 PARKER RD Address ;WYLIE, TX 75098 Location 130 BALLARD ST N WYLIE, 75098 Legal 'RAILROAD WYLIE, BLK 18, LOT 17B & 18 Description Taxing Entities Code Name 2008 Tax Rate :CWY WYLIE CITY 0.898900000 GCN 'COLLIN COUNTY 10.242500000 JCN COLLIN CO COM COLLEGE ;0.086493000 'SWY :WYLIE ISD 1.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 448732 Long Account Number: R-1169-007-0060-1 Owners Name FIRST BAPTIST CHURCH OF WYLIE TEXAS f and Mailing `100 N 1ST ST Address WYLIE, TX 75098 Location '200 BALLARD N ;WYLIE, 75098 Legal `RAILROAD WYLIE, BLOCK 7, LOT 6 7 8 9 10, ACRES 1.0330 Description Taxing Entities Code Name 2008 Tax Rate CWY WYLIE CITY E0.898900000 GCN COLLIN COUNTY '0.242500000 JCN COLLIN CO COM COLLEGE 0.086493000 SWY WYLIE ISD 11.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 448634 Long Account Number: R-1169-006-0060-1 Owner's Name GOODWIN SCOTTY& KATHY and Mailing PO BOX 367 Address LAVON, TX 75166 Location 302 BALLARD AVE N WYLIE, 75098 Legal RAILROAD WYLIE, BLK 6, LOT 6, .224 ACRES Description Taxing Entities Code Name 2008 Tax Rate CWY -WYLIE CITY [0.898900000 `GCN COLLIN COUNTY 0.242500000 JCN COLLIN CO COM COLLEGE :0.086493000 SWY WYLIE ISD 11.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 448652 Long Account Number: R-1169-006-007E-1 Owner's Name HEATH ROBERT and Mailin Addressg 205 ARBORVIEW DR WYLIE, TX 75098 Location 304 BALLARD AVE N WYLIE, 75098 Legal RAILROAD WYLIE, BLK 6, LOT 7B, .207 ACRES Description Taxing Entities Code Name 2008 Tax Rate CWY WYLIE CITY 0.898900000 GCN COLLIN COUNTY 10.242500000 JCN ',COLLIN CO COM COLLEGE 0.086493000 SWY WYLIE ISD r1.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 448643 Long Account Number: R-1169-006-007A-1 Owner's Name PARKER JAMES LLOYD and Mailing 306 N BALLARD AVE Address `WYLIE, TX 75098 Location 1306 BALLARD AVE N ;WYLIE, 75098 Legal ;RAILROAD WYLIE, BLOCK 6, LOT 7A&8, ACRES 0.2410 Description . ........... .. Taxing Entities Code Name 2008 Tax Rate CWY ;WYLIE CITY 0.898900000 ........ .... ........... COLLIN COUNTY ;0.242500000 JCN COLLIN CO COM COLLEGE 10.086493000 ..... ..... SWY ,WYLIE ISD 1.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 448661 Long Account Number: R-1169-006-0090-1 • Owner's Name 1HOLLENSHEAD DON & ROSEMARY and Mailing HC 70 BOX D6 Address 211 CONOUR RD CREEDE, CO 81130 Location 308 BALLARD AVE N 1WYLIE, 75098 Legal RAILROAD WYLIE, BLOCK 6, LOt 9, ACRES 0.2240 Description Taxing Entities Code Name 2008 Tax Rate 3CWY WYLIE CITY 10.898900000 GCN COLLIN COUNTY 0.242500000 JCN COLLIN CO COM COLLEGE 0.086493000 SWY :WYLIE ISD 11.510000000 COLLIN CAD Property Information COLLIN Short Account Number: 448670 Long Account Number: R-1169-006-010A-1 Owners Name REUTHINGER W S ETUX and Mailing 1601 BONANZA DR Address SACHSE, TX 75048 Location 310 BALLARD AVE N WYLIE, 75098 Legal RAILROAD WYLIE, BLK 6, LOT 10A, .119 ACRES Description ............ ... ...........: .. Taxing Entities 1 Code Name 2008 Tax Rate CWY WYLIE CITY 10 898900000 GCN :.......... ... ....... COLLIN COUNTY '0.242500000 JCN COLLIN CO COM COLLEGE 10 086493000 SWY WYLIE ISD 1'1.510000000 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 10, 2009 Item Number: 8 (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: Date Prepared: 3/2/09 Budgeted Amount: Exhibits: Speed study, Ordinance Subject Consider, and act upon, Ordinance No. 2009-09 establishing speed zones for FM 3412 (Brown Street) from FM 1378 to Ballard Avenue. Recommendation Motion to approve Ordinance No. 2009-09 establishing speed zones for FM 3412 (Brown Street) from FM 1378 to Ballard Avenue. Discussion The Texas Department of Transportation (TxDOT) released ownership and control of FM 1378 to the City of Wylie on November 20, 2008. In February, 2009, Lee Engineering completed a speed zone study along Brown Street. Brown Street is currently a two-lane undivided roadway with no shoulders and is posted at 55 miles per hour at the west end near FM 1378. The spot speed data collected indicates that the 85th percentile speed is between 49 and 52 miles per hour and based on the data it is recommended that the posted speed limit along Brown Street be lowered to no greater than 50 miles per hour. The 85th percentile is the speed that separates the bottom 85% of vehicle speeds from the top 15%. According to the TxDOT Procedures for Establishing Speed Zones, additional roadway factors such as narrow roadway, high driveway density, etc. could contribute to reducing the posted speed limit to as much as 10 mph below the 85th percentile speed. Due to the applicable additional roadway factors, narrow roadway, and lack of shoulders, Lee Engineering recommends the limit be reduced to 45 mph. Approval of the attached ordinance will lower the speed limit on the west end to 45 mph. Approved By Initial Date Department Director CH 3/2 City Manager 3,//V'? Page 1 of 1 ORDINANCE NO. 2009-09 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ESTABLISHING THE MAXIMUM SPEED LIMITS ON FM 3412 (BROWN STREET) PROCEEDING FROM FM 1378 TO THE EAST APPROXIMATELY ONE MILE, WITH SUCH STREET BEING LOCATED IN THE CITY OF WYLIE, TEXAS, COLLIN COUNTY, TEXAS; PROVIDING FOR NOTIFICATION OF THE MAXIMUM SPEED LIMIT BY THE INSTALLATION OF SIGNS AND MARKERS TO REGULATE VEHICULAR SPEED ON THE DESIGNATED STREET; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, Section 545.356 of the Texas Transportation Code provides that whenever the governing body of the municipality shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or prudent under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City of Wylie, Texas, taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and prudent prima facie speed limit thereon by the passage of an ordinance,which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; and WHEREAS,the City Council of the City of Wylie, Texas ("Wylie") finds it is necessary for the protection and safety for the citizens of Wylie to declare a reasonable and prudent speed for FM 3412 from FM 1378 to the east approximately one mile as set forth in the study attached hereto as Exhibit"A" and incorporated for all purposes as if fully set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Establishment of Prima Facie Speed. Upon basis of an engineering and traffic investigation heretofore made,and as authorized by the provisions of§545.356 of the Texas Transportation Code,the prima facie speed limit(s)for FM 3412 proceeding from FM 1378 to the east approximately one mile shall be as set forth in the study attached hereto as Exhibit"A"and incorporated for all purposes as if fully set forth herein. SECTION 3: Placement of Signs. The City Manager or his/her designated representative is hereby authorized and directed to cause the placement of signs on FM 3412 proceeding from FM 1378 to the east approximately one mile indicating the maximum speed allowed. The signs shall be placed at the most advantageous points to be conspicuous to approaching vehicular traffic. The sign shall be permanently affixed to a stationery post or installed on permanent buildings or walls or as approved by the City Manager Ordinance No. 2009-09 Speed Zones for FM3412 from FM 1378 to Ballard Avenue Page 1 or his/her designated representative. The sign shall in no way be obstructed from view,and shall comply with applicable state laws. SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections,subsections,sentences,clauses and phrases be declared unconstitutional or invalid. SECTION 6: Penalty Provision. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One Dollar($1.00) nor more than Two Hundred Dollars ($200.00). Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Effective Date. This Ordinance shall be effective upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 10th day of March, 2009. ERIC HOGUE, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date of Publication in The Wylie News—March 18, 2009 Ordinance No. 2009-09 Speed Zones for FM3412 from FM1378 to Ballard Avenue Page 2 3030 LBJ FREEWAY ,��``,►`�� SUITE1660 'tit OF TE `�1 DALLAS,TEXAS 75234 �P.,••• ''•.,q� I 972/248-3006 FAX 972/248-3855 -• 0•:' `4, $ TOLL FREE 888/298-3006 * �� •Z f ,I EncinEERnc CHRISTOPHER J.PIERCE/ ▪ .,t,cENsi9254 February 20,2009 • t�zStO .NA1'— 44+ F Mr. Chris Hoisted,P.E. City of Wylie 949 Hensley Wylie,Texas 75098 Re: Speed Zoning Study along Brown Street east of Country Club Drive Mr.Hoisted: Lee Engineering has conducted an analysis of vehicular speeds along a one-half mile stretch of Brown Street east of Country Club Drive within the City of Wylie. This letter report presents the results of our study. The posted speed limit on Brown Street along this section of roadway is currently 55 miles per hour(mph). Brown Street is a two-lane undivided roadway with no shoulders in the study area. The total study area is one-half mile in length. Trial runs were conducted in the study area to better understand the roadway conditions and the traffic patterns. Based on these trial runs, it was found that the pavement surface of the roadway was uneven in many locations. This led to a reduction in speed at those locations. Furthermore, since Brown Street is a two-lane undivided roadway with double yellow striping, there are no opportunities available to the roadway users to pass a slower moving vehicle. SPEED DATA A spot speed study was performed along Brown Street within the existing posted 55 mph speed zone. Lee Engineering operated two spot speed check stations for each travel direction. The date,time,and location of spot speed check stations along Brown Street are presented in Table 1. Table 1: Spot Speed Check Locations—Brown Street EASTBOUND Start Stop Existing Date Time Time Limit Location Site# 2/4/09 08:30 1030 55 1200'East of Country Club Road 1 2/4/09 1030 I230 55 at Sanden Boulevard 2 WESTBOUND Date Start Stop Existing Location Site# Time Time Limit _ 2/4/09 1300 1500 55 725'East of Sanden Boulevard 3 2/4/09 1500 1700 55 1200'East of Country Club Road 4 Spot speeds on Brown Street were measured using a handheld LIDAR speed measurement device and speed data were recorded at each location until two hours of data collection was performed. Only free-flowing vehicle speeds were measured, and all measurements were performed during daylight and good weather. Table 2 presents the spot speed results for each check station. Data sheets for each study site are attached to this letter. TxDOT Procedures for Establishing Speed Zones indicate that the speed limit for a section of roadway is typically set based upon the 851 percentile spot speed rounded to the nearest 5 mph increment. For instance, a speed limit established based on Site 3's 85th percentile speed would likely be 50 mph. Other factors such as geometric constraints, driveway density, development density and crash history can be used to establish a speed zone at a speed lower than the rounded 85th percentile value. Table 2: Spot Speed Study Results EASTBOUND Total 85th Brown Street Location Site Vehicles Percentile Mean Mode 1200'East of Country Club Drive 1 177 49 44 45 at Sanden Boulevard 2 137 51 45 44 WESTBOUND Total 85th Brown Street Location Site Vehicles Percentile Mean Mode 725'East of Sanden Boulevard 3 189 50 44 45 1200'East of Country Club Drive 4 157 52 46 44 CRASH ANALYSIS Crash data were provided by the Wylie Police Department for crashes that occurred during the previous twelve(12)months. According to the police reports, one crashes occurred along Brown Street within the study area. Based on the daily volume of 6,773 vehicles collected on Wednesday, February I8, 2009, the estimated crash rate for the study roadway is less than one crash per million vehicle miles traveled. This crash rate appears to be lower than comparable facilities based on information contained in the TxDOT Access Management Manual and information available from the New York State Department of Transportation. CONCLUSION The spot speed data collected indicates that the 85th percentile speed is between 49 and 52 mph for this study area roadway. Based on this data, it is recommended that the posted speed limit along Brown Street east of Country Club Drive be lowered to no greater than 50 mph. According to the TxDOT Procedures for Establishing Speed Zones, additional roadway factors such as narrow roadway, high driveway density, etc. could contribute to reducing the posted speed limit to as much as 10 mph below the 85th percentile speed. Due to the applicable additional roadway factors, narrow roadway, and lack of shoulders,Lee Engineering, L.L.C. recommends the limit be reduced to 45 mph on Brown Street within the study area. If you have any questions about this letter,please feel free to call me at your convenience at 972.248.3006. S/7/44147Yine ely, ,Cep—c Christopher Pierce,P.E.,P.T.O.E. Project Engineer Lee Engineering,L.L.C. Firm Registration No.F-450 * 40T"~ RADAR MOTOR VEHICLE SPEED Form 1882(rev.6/1/2005) (�,,Fiield Tally Sheet / ,yt20p 1 Date:a'AI-0 I County:rO(.L I P Hwy:1?;e0WbJ fit' Location: Is `3`(LJ G C� a 1~ C.C, Time:(from) 610an to)iitt:J.OAK Weather. CLEAR.. Surface Type: 1441.i _ Surface Condition:DWet or 1ADry/[(Smooth orrRough AUTOMOBILES Cumu- AUTOMOBILES Cumu- TRUCKS&BUSSES Direction: lathe Direction: lative Direction: Direction: 1 M.P.H. rBo,,.X> Total Total as M.P.H. _ > .::,z g-:i s,Ri.....� m�:� V.Ilget, +Zc+,^.:+....:*a:;CI ia,., a y':40.147., .,..3 4-...L::.a»n> ?:�-,,. t7.1;, ,�>1;>BO r l 79 79. . 78 M=IIII 76 77 77 76 76 ..7Jr�'+,i ,{:Yi -ss`yC' - a + .H .x*:ta, o'�+'..'& w -r:1 T ,.,rK i - _. .:..a..¢�...._ ...��'✓._: +.:re•�3 � <. ...... �..._...z,�..xr�r•�v'htai-- .�.+a }5F:2!�CC'a'' '�l°t.`:�. �,....:; .ra. -?oT ,v m2`;tir... �"�: 'mat �`�;:ZS..s; 74 74 73 73 72 72 71 71 ': i$ i, t; i r 4w. '+-k fi *.I.V. f ZPiltr ,7. ''f.:'.^.t : a y ! r .niS iti w;, '�.:.04414,44.}a»:i '70 x�."< _ 701.,.�.d'1t.r„r-.r?�3.. x :n�,�.'3.d'i,. Ax"i '� .. ..F a�r�a @.Y.xaR'�x �e?�a s};hr e�k L„ .e� .. 69 69 68 68 67 67 68 66 'Y 85at.'4, :'...s ' .f- c t `'�14 29 'rr M 24s3 W �'1. Mi. ,>:j• >. 653'at 64 64 63 63 62 62 61 61 '..(so ' Y4IN5 :Ci 4 a .: W fa zt7-46 h «8 _4.ti a ( f - EA 3M i'lli>rb ifC i aTAW133',4sttift t• A. 59 58 58 56 W II 3 555 'a. .n1R:"r ',.ri�.b<,•""arw S�-><n 7'X x `n`_3 2'�Y,`„s F�-+y .-Y r�: r, t� « r nr i 56 �' t. .r. r an��.iFx?t�-'�,._. ,,:� �: �.:�� a*a.°;,�c`crzf ,i";sn"��z^`'�;g63,i`�-I 54 tt y ;-�54 . 53 I .;L 53 51 ilg:4.. ;..AiiViTir:TATIP*SP4i I. 51 r:. il)t: _,};x� .+.:• .vim l at A, ra..,sr.' : 50 4<.'�.50,irt'$ ' 9.�fAl.r'al:Yx �Tata�.rb:i�.Fh�i'b->" Y.0.�'�t�AE�r:,w.�'7+"�`.:7�x �'�.y'.:b..2'�." �.�i.�.r� •f tiaEs�-P'•¢'+'� "f 49 Co 49 48 3 48 47 II 47 46 1 IS f1} y-. 3.. • _+ . 46 -45, -44 �� IaAtei1i ° r^ar ' �5� � a :Y 3ir`" t. ` `vc,.. F' 5.14�.? . W 4b A� � 43 i1a 11!. I t 44 µ . I I 43 42 1 � i �, i t'i 1 40.-,t 1 '"' 1. ^': 2-,:F� : . +x+42 y t w .,a E K E ¢ .,. 420 39 �+'� l �"` ..',F<%%,.x?�{c�. '�(:kk<;va...:s,+Ei'1�'c«�; '$.t �i: ,r?i`4b�::�. '.ox.. +'�r; 38 L39 3 38 37 I C. 37 36 It 3 36 350:?.e M Fx, Y:<.,!r 1={;:.z•.ai„ .Ms.*,,,V.< t ra"P'.eiA t4:1 ;.1f. ::' �f<.i.s 6-4: +.M krnv iVa`'W;5 a ..fie',$c V,.; `.'*+,''rff+3Jf.'rs 34 34 33 t 33 32 ,, I S 32 31 31 <30,.`:! i=`-rza h 4;F,.._r.<`a!6.ZeAt a...->r�G..-.::'h- ..it:+tt: 2:6%.:.. ',+ # .Tis.+`Xf�tsa+` !?'ri_Lvi2i.6. it r.W'" X.tvA,':'3._�t • .+ T +,e>i;a.. •;,.:;.:30a,zi Total Automobiles::We I-Yi Total Automobiles: x 0.85 x 0.85 85th Percentile Automobile: LP) 85th Percentile Automobile: 85th Percentile Speed(m.p.h): 1 , 85th Percentile Speed(m.p.h.):_ e,1-VSZ% RICERC.E Recorder AFTexas P.1""irr...PO4.6" RADAR MOTOR VEHICLE SPEED Form 1882(rev.6/1)2005) Field Tally Sheet Date- l- County: CDu.1.3 Hwy: P 2DLOPS+ Location: Ar ;AP bi.i) $LSD Time:(from) II):30A-M- to) t0-,,.3/)Pm Weather: CLJ A2.. Surface Type: ASn SALT Surface Condition:[Wet or0Dry/DSmooth or ough AUTOMOBILES Cumu- AUTOMOBILES Cumu- TRUCKS&BUSSES Direction: !alive Direction: lative Direction: ' Direction: M.P.H. , 6-4$173D�r-lam Total Total , M.P.H. r3s ! *BOK, 4, Z §4 +a t 7P„ ,:C,,i,. ) "Rf1 E s nM *�yxt - , a§�.'.. as ': 3+.v a, .`3.'...�tr ..... .t r rA. " �yz': �J•.>w�� -� ;.' >z ,18Q:7%.: 79 79 78 78 77 77 76 76 rAIT m,�;:ior$ 74 74 73 73 72 72 71 71 .'7Qf` �:f- w s. a'.'Lu ,T��''" rs" ..sr .5 1.-f.•'t% ..t�. s. ..zRkr.�NTr..:7?e�Y;`T. ti •ti f - vt�.xp + y .r-t4 �.,.`�.,: a„y* r•+,•.y� ��;fig. .�:�'�i.w7,� �,4� :�C.�->'?!..t.. - 69 69 68 68 66 67 ts. 67 6 t3 gait t rAW ` b;x'ri INt,k00 F �u.u�:. A . ;.�,}r lft .�. 1 gi ,n. .rff.r M.. le 65. ...a. Yr. >� a>c�.d4Y,_�... .Y,x..R,�:uX�z>,'� *....�"(:r6 �i.3.s.r.�'s'r.��2?gs'."��.�a.�:.';`' 6 aal 64 I 64 63 63 62 62 61 61g 61 .160 ai:t'"'., '� + ,:.-:.:,."',_t;'s ~+rev...-,,. _ ,,:5 y'e,c?d';:3`'r'',f s t„2�_s£'a3�'srF'.:f':{y 40:f ° t?-� "s..lV 1150 44 59 1 59 58 58 57 1 57 56 56 55'7 54 54 53 l ( 53 52 1123t2 52 51 50 �MQ�i@ .t.li . _ 51 : ,v;r: t , ��J.4�. fI(SQ A Ir 49 IR;Mg 1_ - 49 I 48 elf 48 INN 47 % ,. 46 46 i ow I T,45I ,1 �i atc0 fi d a` FtV i # P x F Tt• tan ::�.�,. ..ts�' PR +;:� _ � .,,..t"-�x+f sr •i�:' :r�`. ,��d, 44 MIRIAM 13 44 43ti`s 43 42 .tJfl i 42 41 1,M ry 41 40 r0'rjBF_iYY . «#auv Fx tS}L eT ih. t .ia 3! :IV, s*"Y�_.tiitt 'n; .e 'aY'TrsiiiP aM 4�itvggst_.,: t n 39 ra39 38 •II 38 37 I 37 —36 < 36 .X . & c' i y4>tatiitg:1134 . ; , #.,,V . S' "a S-'-e3t# %l 4 Ca ! ,. s. -• 34 34 33 33 32 32 31 fi<a�D a ■--�l�t,,,',,.� .�.".:.> Yk. .• -.' i"3>a f�a k �A. - 31 . 4, . : r _ A_= 4 .rxtf 1�� ; r :?.30;:✓..' Total Automobiles: 13 Total Automobiles: x 0.85 x 0.85 85th Percentile Automobile:'It LQ 85th Percentile Automobile' 85th Percentile Speed(m.p.h): .91 85th Percentile Speed(m.p.h.): Recorder ,�Tams RADAR MOTOR VEHICLE SPEED Form 1882(rer t (rev. 6/1/2005) Field Tally Sheet Date.) `�14- County: BOLL i ri - Hwy: 12-1:1zra 51— Location: b0 r ' 54-,S> Tune:(from)_I.0()Pr1. _to) 3:vim Prl Weather. .1.-6A1?-- Surface Type: A'?P A-Art►T Surface Condition:DWet orytDry/OSmooth or Oitough AUTOMOBILES Cumu- AUTOMOBILES Cumu- TRUCKS&BUSSES Direction: lative Direction: lative Direction: Direction: M.P.H. ic.) f Total Total M.P.H. >80F: ,..• .:. af. .e .i.: ,� S ,w�, "''S ' d.,:w_ a ~� b...fz° .� 3�'r 'iYt.J,E'j;ar..,. ..%. -o80?: i 79 79 78 ______ 77 �— 7 7 76 r-- 76 `75rA ?>.. r -{�.�.� �Yi'-tr,�•t '�.r. ,,. x,N �.?t,..y:3". �, .n. �1 2. :.�'S.b �Y'�75�-"4 74 74 73 _— 73 72 �� 71 -''.707R.✓r rr xz�4 ,+'9i:rr.,; .tJ'f.� 'S r(,,;,.!rc� k.rat t a "" +r',,. r '° > .,t. - .h ..''- '¢r,s1 t £. -�- "r^'r` :41Z-_,y.:.r 9.�..-,�+�_._..,�::�'.ra*..� ...:��:t;...c� ,a.t a_:a.....,s�:..., ,��:,. ..�., >,,,,>,7.ir:a,r.:�. b��b�,�-r�'�"...� .'x�.70�`��- 69 69 68 68 67 87 66 — 66 65 m t11'1 1/ '�.G $xx 65104 64 64 6 � 63 62 _—_—_ 82 61 61 60;;S;:- Ne , ..'1451.f� M v.;,1. F r t S s f " i .4.4 q r y ..iy U i' f s,.3� :-:�. ,:^°sit.. ST, 'Q! ->.r' a;1, ;r 4, sf -�?. �.=:60R.<,:F 5958 — 559 8 57 57 56 56 55:,,.3 I fit#dA•>': . x.At g f*i f t•t .- VI r_'' ; ",tea x . ,.° r't 4«3. '`t # s, e t. 'r �1�3 %•;F 3 Ilf .. 54 53 52 ill 3 52 51 IR`i mai I2. 51 ,,. > r,. ,a ' i 1FJ"'e5 •@ ^..{,N"'t#'wt;. /u a 49 tll;a, r 49 48 (..■ -..� 47 Vr!;1IlI Iti� 48 48 P.r r.., 46 '45 #Kik r% Pif.r4SiNk 44 t _ P_ 1.1 44 43 R11 43 42 nfi111f NMI 42 41 IPA" 41 .40 r.t . �Y t ti"� 9n f r fVw.3�: !tV 1rv,J r 4>Zi�- : :�""..pr r 4144 Yn«.a 39 �riS!' 39 38 S —_ 38 37 1nnio 337 36 6 35;a cfrl;:s. .6 9F'.vt ,t.+ ` 'ti r � . c ` a`"' . „x� t ,4,x x±40...s� e.;,;4 ,tsF,gt., ..:t 35f,t`a ERN 34 33 IMMEMEMEMEMMEMIUMM —_—_ 3 32 32 31 f01j `4 `— 31 - �<30+-- �yg ,f rw `G[iily e! F i t - 1 t":, -E,c. £'6 �:g13 #� .,_s.•. l.�.'��f�?J:�i f`.�4�' �,,.y:'._..,,, _x:. .+'�x,.#_.?,+ H'4,_:»'\�% ,g .:,� "�. _ �!��d. Total Automobiles' 1 '' Total Automobiles: x 0.8 x 0.8 85th Percentile Automobile:II 85th Percentile Automobile. 85th Percentile Speed(m.p.h) o 85th Percentile Speed(m.p.h.) cJrl�'rs �t i2cce Recorder . /1*' RADAR MOTOR VEHICLE SPEED Form 1882(rev.6/1/2005) Field Tally Sheet Date:A-4-C1 County: COGLiA3 Hwy: 0, )t S i Location: Ig7,01 G n.r Gvvr-r2.-( ('.t,ua Time:(from)3.pD P M to)5:)o art Weather. C.e-EASL Surface Type: P!'6?PIIkiS Surface Condition:DWet or dary/DSmooth orORough AUTOMOBILES Cumu-' AUTOMOBILES Cumu- TRUCKS&BUSSES Direction: lative Direction: lative Direction: Direction: M.P.H. u,V5-f ESDt - Total Total , M.P.H. . ,>601_ - ..! '� c'•.:r'¢ t...._.:s. ..;:AX .•:x...4... ..... '.a :ter.`1 . ._ > .,., .. . ..l. t.; d<...x ..Y.?4,.>. ,-z>80.sd 79 ^ 79 78 78 77 77 76 76 75£°�'` y '1 n 7t,_. f 4 7 t L .a.,S s's t *s:n . L r� ,'x 3 b. i1 's a l :. I` . � ,... :.t....: .,. ... , " .x:i_r.:,.dn�.'�.' ,.'X. . =,Ai` �rrt_:ge+I, r, ..,i.�..,,<.r??.i�. . . �75,.LlA _ 74 74 73 73 72 _ 72 71 71 + . L rx.,`. 3 .N.+5 Y'r f . 1r r„><. : +a :1 e x �' :t..'G• M ..e s : x:,A _70.�'S.r. .rr_...�� "_�,++�,.>.. h1:F ,..f�:,t .',�.�� '�.,r...." ^7� ,�`..��?..a t ,.., r:.:.":f.,?'aw,.�t.`�>`� Y'r�...,� �s � ��:�.a�'.f N3?�u.:'� x' 70� 69 - 69 - 68 1 t 68 67 67 66 1 I 66 65 i gi,i a' _ €'t i '.3c n.. tilt .i'e: : _... 91:X;` >;.,fit. ?r4*,F14.-e.. i. s›.1$414 4.4tir,:i.W.V.ilitiMss 64 64 63 63 62 I 62 61n r f 3 61 =`60 ti, .+ •;. ..� a._. ^J S,.x Cl..; ?.;... .'L.J�:.i, y�.�-M4f.;+ -,:.l!� ..S"x.I:4.ie..: r. ?' tt 3ciii:t..t....1i,�7 1.A't ''%i1;;,F. f 7�4 �41,60..-..'.,:1 59 1( I _ 59 _ 58 58 57 I 57 56 t7 P. 56 I 55` l-1. .i4 ..,41 i.,e's''�M ".'� i l.izrf,4.^c,f..i4.Y'i. ',.;M z .Pitt, .ltit Ajt.!r:... .5.111. 444.5sf i r'%A",?. e .? w_ .:1 O. I 54 54 i. 53 =IF II 7 53 52 l 51 t • J11 �»� T tt �7 52 51. 50'4 l j:a ,Y'tt.i rn y`�i�.4i. T,s,., waa.g 146 im3a a i i-: ..mt_:.,f 'r7r''s r.,ti,g ,4s.: A41; �'- .. Y :fT.S' �i ,~g7: .fi7Lf .i-I Y V Ii Kln-.1 50 .i 49 i_"r �r I 1�t 49 47 iii: [li' i-HI" I t6, 47 47 a�s.�+ .p1.ij �,� ,,��''��,,�� gg 1( ,r ( ,,�46 y \45 B", �61,7 Nian 1 x+4A`n ki�aM all a .i t �:2W0;,y 1 ! '4-{.T..af� 2 .mortis?Zt r kr %i:NtS£F...fi 1.45y.:iJ 44 ilg 0II ' II 11 4a 43 !0 43 42 ! �i, I 42 41 I 3 �C b �{ Ys 41 .r,tf!,,.).. y.de y s:4r''n �.r$ws .�r2r-:o'riu2 giros.: � ' xgrre cii t'' . Y '. :,W.I."6- ..?,,r,4t.I -�+ 40:�,x°�` i i� _ �e..t # F...'+. ,. � .:�'ag`�:��.1?'�;Q �_ "�,'�.:,.`�...�^,x..,:a�a, x �::,a40� 39 Iti� 5' 39 38 JP. S 38 37 P. 37 36 A 36 s 35{`_. 1,,y;,.i.l, : ,}4 '"ems " r-� `" .., ; .. .St.t�i..; u.,. ..s...., .v.�.§s �fl itx ,....�,<,�. u F.... "._.v,�'iy`,.��..`t.7 i . � 3.7 � .�.rr_.`� ,.3;4Y1;st't�s ,.�'35e, 34 . I 34 33 33 32 32 31 31 <30 a, e Tin t,u�. �r+i C • ,.>L i liscys. '..J`. 's.. ,o i`t- .Fk, .. .M 6...30 .',F ,t .�. �- i�:dS�:�.ii'�<i�Csk R- <>& .. �s�s, g � H� � Sr:. �-t. Total Automobiles: 1.51 Total Automobiles: x 0.85 x 0.85 85th Percentile Automobile: 133 S 85th Percentile Automobile: /� 85th Percentile Speed(m.p.h): ' . J 85th Percentile Speed(m.p.h.): 1,1•r9A5 S' i Recorder TxDOT Form 1882(rev.8/1/2005) 85th Percentile Calculation Table Total No.of 85%Car Total No.of 85%Car Total No.of 85%Car Total No.of ' 85%Car Cars No. I Cars No. 1 Cars No. Cars No. 80 68 120 102 160 136 200 170 81 69 121 i 103 161 137 ; 201 171 82 70 122 104 162 138 202 172 83 71 123 105 163 139 203 173 84 71 124 105 164 139 204 173 85 72 125 106 165 140 205 174 86 73 126 107 168 141 206 175 87 74 127 108 167 142 207 176 88 75 128 109 168 143 208 177 89 76 129 110 169 144 209 178 90 77 130 111 170 145 I 210 179 91 77 131 111 171 145 211 179 92 78 132 112 172 146 212 180 93 79 133 113 173 147 213 181 94 80 134 114 174 148 214 182 95 81 135 115 175 149 215 183 96 82 j 136 116 176 150 216 184 97 82 137 116 177 150 1 217 184 98 83 138 117 178 151 ( 218 185 99 84 139 118 179 152 219 186 100 85 140 119 180 153 L 220 187 101 86 141 120 181 154 221 188 102 87 142 121 182 155 222 189 r 103 88 143 122 183 156 223 190 N 104 88 144 122 184 156 ? 224 190 k 105 89 145 123 185 157 225 191 106 90 4 146 124 186 158 226 192 107 91 1 147 125 187 159 227 193 t 108 92 148 126 188 160 228 194 109 93 149 127 189 161 229 195 110 94 150 128 190 182 230 196 111 94 151 128 191 162 231 196 112 95 152 129 192 163 232 197 113 96 153 130 193 164 233 198 114 97 154 131 194 165 234 199 115 98 - 155 132 195 166 235 200 116 99 156 133 196 167 236 201 117 99 157 133 197 167 237 201 118 100 158 134 198 168 238 202 , 119 101 159 135 199 169 _ 239 203 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 10, 2009 Item Number: 9 (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: 443-5443-56570 Date Prepared: March 4, 2009 Budgeted Amount: $372,150 Exhibits: Agreement Subject Consider, and act upon, authorizing the City Manager to execute an agreement, in the amount of$151,250.00, with U.S. ROW for right-of-way acquisition services for the Brown Street East paving project. Recommendation Motion to authorize the City Manager to execute an agreement, in the amount of$151,250.00, with U.S. ROW for right-of-way acquisition services for the Brown Street East paving project. Discussion The 2005 City of Wylie Bond Program included $6,300,000 for the design and construction of approximately 11,100 linear feet of 4-lane concrete pavement section with sidewalks on Brown Street from SH 78 to Stone Road. The first bond issue included $900,000 for engineering and right of way acquisition for this project. The roadway alignment has been established and the right of way documents have been prepared by the engineer. Thirty seven parcels were identified for acquisition and thirty one parcels will be acquired for the project. The right of way agent has recommended a gross market study for the acquisition of 23 parcels and appraisals are recommended for the remaining 8 parcels. An additional 10 appraisals are included in the proposal if properties cannot be acquired with the market study or if a parcel is recommended for condemnation. Acquisition services total $91,450 with the remaining$59,800 for appraisal services. Approved By Initial Date Department Director CH 03/04/09 City Manager V5)/6 7 Page 1 of 1 isesEte.—. PRICING AND FEES U.S.ROW proposes to perform right of way services for the following fees: The following prices are for per parcel file set up, one offer and one counter offer for acquisition, market study and initial appraisals as identified on the attached schedule, appraisals as needed and support for condemnation through commissioners hearing. City of Wylie.Brown street Project Set up, Fee Acquisition, Condemnation Support&Appraisals *All parcel payments,title insurance,and closing fees required to be paid at closing by the City will be requested by the CONSULTANT and paid directly by the City. Per Parce( Acquisition—Fee $2,950 31 parcels $91,450 Appraisals $1,500-3,500 8 parcels $21,000 Market Study $600 23 parcels $13,800 Appraisals $2,500 10 parcels $25,000 U.S. Right of Way Fees: $151,250, Per Parcel Additional Services • Coordinating condemnation hearings $1,500 • Per Hour Cost for Additional Services not listed $75.00 • Appraisal and testimony services for condemnation at cost The City of Wylie will be billed per parcel at the following pav points every 30 days by the Pt. File Set Up&Title $800 Offer $1400 Closing or Final Offer $500 File Turned to City $250 Appraisal Costs at cost Accepted: j0 6 `t'tiat6 U.S. ROW City of Wylie United States Right of Way Acquisition Company 1454 Javelin Way Lewisville TX 75077 PYLES*WHATLEY CORPORATION Real Estate Consultants Wendell Pyles,MAI, SR/WA Jan Whatley,MAI,SR/WA October 21,2008 Ms. Karen L.Gnuse LPA Right of Way Manager US Right of Way Company 1454 Javelin Way Lewisville,Texas 75077 Re: Real Estate Appraisals—Brown Street Project,City of Wylie Dear Ms.Gnuse: Thank you for your request to submit a proposal for providing real estate appraisal services on the above described project. Based on the information provided, we have estimated real estate appraisal and market study fees as listed on the attached schedule. The reports would include an opinion of value for the whole property, the part to be acquired, and damages, if any, to the remainder property. Once authorized to begin work, the reports could be completed in forty-five days. Three copies of each of the appraisal reports would be submitted to your office. The fee for preparation and testimony in connection with a Special Commissioners Hearing would be billed at the rate of$100.00 per hour for preparation and$150 per hour for testimony. The appraisal reports would be submitted in a narrative format, as appropriate, and prepared in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) and in conformity with the requirements of the Code of Ethics and Standards of Professional Practice of the Appraisal Institute. If you should need additional information,give me a call at 214 340 5880. Respectfully submitted, PYLES WHATLEY CORPORATION Charles Stearman 11551 Forest Central•Suite 220•Dallas,Texas 75243•(214)340-5880•Fax(214)340-5422 800-340-2166.Email:charles@pyleswhatley.com•Web: www.pyleswhatley.com Page Two Ms. Karen L.Gnuse October 21,2008 Brown Street Project—Appraisal Fees Proposal—Parcels I,2,3,4, 16,32,33,&35 1- Norken- Auto store,parking involved-$3000. 2- Schweitzer—Commercial sign,tree,possible parking-$2500 3- Blake—A&B=appraise as one property—parking,sign- $3000 4- Snder/Beasley Proximity to house, fence- $1500 5- Lopez-Rodriguez 6- Wangler 7- Robertson 8- Kreymer Trust 9- Kreymer Trust 10-Kreymer Ranch 11-Sixkiller 12-City of Wylie 13-Wylie ISD 14-City of Wylie 15-Avalon HOA 16-D.R.Horton—A&B=appraise in one report—horses on lot, fencing- $2500 17-Nail 18-Daffin 19-Griffey 20-Silbaugh 21-Baez 22-Tuggle 23-Dillow 24-Alderson 25-Braubach 26-Marshall 27-City of Wylie 28-Marielos(Bennett) 29-Chesnut 30-Babitch • 31-Wyndham meadows HOA 32-Nguyen—duplexes under construction$3500 33-Nelson-$3000 34-MAS-Wylie 35-Smith—Listed by commercial broker-$2000 36-TXU 37-Ladylike Shop Market Study for 23 parcels to be identified by you at a cost of$600 per parcel,or a total of $13,800. Up to ten additional appraisals on parcels to be identified by you at an average cost of$2,500 each. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 10, 2009 Item Number: 10 (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: Date Prepared: March 4, 2009 Budgeted Amount: $500,000 Exhibits: Agreement Subject Consider, and act upon, approval of a Consultant Services Agreement with Binkley & Barfield, Inc., in an amount not to exceed $1,002,300, for the design of the expansion of McMillen Road from McCreary Road to FM 1378. Recommendation Motion to approve a Consultant Services Agreement with Binkley & Barfield, Inc., in an amount not to exceed $1,002,300, for the design of the expansion of McMillen Road from McCreary Road to FM 1378. Discussion The 2007 Collin County Roadway Bond Program included $4,149,375.00 for the design and construction of approximately 8,200 linear feet of 4-lane concrete pavement section with sidewalks on McMillen Road from McCreary Road to FM 1378. In October, 2008, an Interlocal Agreement was executed between Collin County and the City of Wylie to release $500,000 to begin engineering services for the roadway. Another Interlocal Agreement will be presented next fiscal year for the release of the remaining engineering funds from Collin County. The projected construction cost of the project is $9.9 million. The City of Wylie does not currently have matching funds for the project. Engineering services for the project include the design of a 4-lane paving section, two three-lane bridges at Muddy Creek, storm sewer, sidewalks, utility relocations, erosion control, traffic control, and right of way documents. A summary of the proposed engineering fee is shown below: Summary of Fees Basic Services $606,000 Special Services $396,300 TOTAL $1,002,300 The Basic Services include data collection, paving design, drainage design, water main design, bridge design, borrow site design, pavement marking design and bid and construction phase services. Special Services include the conceptual alignment, SCS approval, traffic control, SWPPP, flood plain modeling, landscape and irrigation design, traffic signal design, and right of way documents. Approved By Initial Date Department Director CH 03/04/09 City Manager 3/s"A Page 1 of 1 CITY OF WYLIE CONSULTANT SERVICES AGREEMENT This agreement ("Agreement") is made by and between the City of Wylie, Texas ("City") and Binkley & Barfield, Inc. (the "Consultant") acting by and through their authorized representatives. Recitals: WHEREAS, the City desires to engage the services of Consultant as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, the Consultant desires to render Consultant services for the City in accordance with the terms and conditions set forth in this Agreement in connection with the McMillen Project. NOW THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows: Article I Term 1.1 The term of this Agreement shall begin on the last date of execution hereof (the "Effective Date") and continue until the services are completed unless sooner terminated as provided herein. 1.2 Either party may terminate this Agreement by giving thirty (30) days prior written notice to the other party..In the event of such termination the Consultant shall be entitled to compensation for any services completed to the reasonable satisfaction of the City in accordance with this Agreement prior to such termination. Article II Scope of Services 2.1 The Consultant agrees to provide the Professional Consultant services for the Project as set forth in Exhibit "A". Deviations from the scope may be authorized in writing from time to time by the City. 2.2 The parties acknowledge and agree that any and all opinions and cost estimate provided by the Consultant represent a professional opinion consistent with the standards of the industry. 2.3 All materials and reports prepared by the Consultant in connection with this Agreement are "works for hire" and shall be the property of the City. The City shall have the right to publish, disclose, distribute and otherwise use such materials and reports in accordance with the Consultant Practice Act of the State of Texas. Consultant shall upon completion of the services, or earlier termination, provide the City with a complete set of 24" x 36" blackline 3mi1 reproducible mylars of the completed drawings plus a compact disc containing all construction plan sheets in a ".dwg" format and a scanned 24" x 36" black & white "Tiff' images at 400 dpi at no additional cost to the city. City of Wylie Agreement for Consulting Services Page 1 Article III Schedule of Work The Consultant agrees to commence services upon written direction from the City and to complete the required services in accordance with a work schedule established by the City as set forth in Exhibit"B"(the"Work Schedule"). Article IV Compensation and Method of Payment 4.1 The City shall compensate the Consultant for the services by payment of a fee as set forth in Exhibit "C". Unless otherwise provided herein, payment to the Consultant shall be monthly based on the Consultant's monthly progress report and detailed monthly itemized statement for services that shows the total amount of fee earned to date and the amount due and payable as of the current invoice, in a form reasonably acceptable to the City. The monthly invoices shall be submitted on or before the 15th day of each calendar month. The City shall pay such monthly statements within thirty (30) days after receipt and City verification of the services and expenses unless otherwise provided herein. The final payment of the fee shall be made after satisfactory completion of the services and City acceptance of the design, and the submittal of"as built drawings",or record drawings as applicable. 4.2 Unless otherwise provided in Exhibit"C"the Consultant shall be responsible for all expenses related to the services provided pursuant to this Agreement including, but not limited to, travel,copying and facsimile charges,telephone, internet and email charges. Article V Devotion of Time; Personnel; and Equipment 5.1 The Consultant shall devote such time as reasonably necessary for the satisfactory performance of the work under this Agreement. Should the City require additional services not included under this Agreement, the Consultant shall make reasonable effort to provide such additional services at mutually agreed charges or rates, and within the time schedule prescribed by the City; and without decreasing the effectiveness of the performance of services required under this Agreement. 5.2 To the extent reasonably necessary for the Consultant to perform the services under this Agreement, the Consultant shall be authorized to engage the services of any agents, assistants, persons, or corporations that the Consultant may deem proper to aid or assist in the performance of the services under this Agreement with the prior written approval of the City. The cost of such personnel and assistance shall be borne exclusively by the Consultant. 5.3 The Consultant shall furnish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. City of Wylie Agreement for Consulting Services Page 2 5.4 The City agrees to provide the information set forth in Exhibit "D" prior to commencement of work by the Consultant. 5.5 The Consultant shall submit periodic progress reports and attend progress meetings scheduled by the City from time to time based upon Project demands. Each progress report shall detail the work accomplished and special problems or delays experienced on the Project during the previous report period, and the planned work activities and special problems or delays anticipated for the next report period. 5.6 The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or disability. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin or disability. Such action shall include, but not be limited to, the following: Employment, upgrading, demotions or transfers, recruitment or recruitment advertising; layoffs or terminations; selection for training, including apprenticeships; providing reasonable accommodation; and participation in recreational activities. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non- discrimination clause. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or disability. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subcontractor, excepting that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. The Consultant shall keep such records and submit such reports concerning the racial and ethnic origin(s) of applicants for employment and employees as the law may require. The Consultant agrees to comply with such rules,regulations or guidelines as may be issued to implement these requirements. Article VI Miscellaneous 6.1 Entire Agreement. This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings written or oral agreements between the parties with respect to this subject matter. 6.2 Assignment. The Consultant may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by the Consultant to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform,and be bound by all the covenants,and obligations contained in this Agreement. 6.3 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators,legal representatives,successors and assigns. 6.4 Governing Law. The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in the State District Court of Collin County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. City of Wylie Agreement for Consulting Services Page 3 6.5 Amendments. This Agreement may be amended by the mutual written agreement of the parties. 6.6 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not effect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 6.7 Independent Contractor. It is understood and agreed by and between the parties that the Consultant in satisfying the conditions of this Agreement, is acting independently, and that the City assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by Consultant pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of the City. Consultant shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. There is no intended third party beneficiary to this agreement. 6.8 Right-Of-Access. The City will furnish right-of-access on the land for the Consultant to perform the required surveys, or other necessary investigations. The Consultant will take reasonable precautions to minimize damage to the land in the performance of such surveys and investigations. The City will explain to landowners that some damage to vegetation may be unavoidable when obtaining access to the site,and in performance of the survey activities. 6.9 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three(3)days after delivery set forth herein: If intended for City-Representative: Attn: Director of Engineering City of Wylie 949 Hensley Lane Wylie._Texas 75098 Telephone: 972-442-8109 Facsimile: 972-442-5461 If intended for Consultant-Representative: Mr. Fred Balster,P.E. Binklev&Barfield, Inc. 1255 West 15th Street, Suite 250 Plano,Texas 75075 Telephone: 972-312-8600 Facsimile: 972-312-8604 City of Wylie Agreement for Consulting Services Page 4 6.10 Counterparts. This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all,but together signed by all of the parties hereto. 6.11 Exhibits. The Exhibits A, B, C and D, attached hereto are incorporated herein and made a part hereof for all purposes. 6.12 Indemnification. Consultant shall release, defend, indemnify and hold harmless City and its officers, agents and employees from and against all damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attomey's fees and expenses, in any way arising out of, related to, or resulting from the services provided by Consultant to the extent caused by the negligent act or omission or intentional wrongful act or omission of Consultant, its officers, agents, employees, subcontractors, licensees; invitees or any other third parties for whom Consultant is legally responsible (hereinafter"Claims"). Consultant is expressly required to defend City against all such Claims. 6.13 Audits and Records. The Consultant agrees that during the term hereof the City and its representatives may, during normal business hours and as often as deemed necessary, inspect, audit, examine and reproduce any and all of the Consultant's records relating to the services provided pursuant to this Agreement for a period of one year following the date of completion of services as determined by the City or date of termination if sooner. 6.14 Conflicts of Interests. The Consultant represents that no official or employee of the City has any direct or indirect pecuniary interest in this Agreement. 6.15 Insurance. (a) Consultant shall during the term hereof maintain in full force and effect the following insurance: (1) a policy of insurance for bodily injury, death and property damage insuring against all claims, demands or actions relating to the Consultant's performance of services pursuant to this Agreement with a minimum combined single limit of not less than $2,000,000 Dollars per occurrence for injury to persons (including death), and for property damage; (2) policy of automobile liability insurance covering any vehicles owned and/or operated by Consultant, its officers, agents, and employees, and used in the performance of this Agreement; and (3) statutory Worker's Compensation Insurance covering all of Consultant's employees involved in the provision of services under this Agreement. (b) All insurance and certificate(s) of insurance shall contain the following provisions: (1) name the City, its officers, agents and employees as additional insureds as to all applicable coverage with the exception of Workers Compensation Insurance; (2) provide for at least thirty (30) days prior written notice to the City for cancellation, non-renewal, or material change of the insurance; (3) provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. City of Wylie Agreement for Consulting Services Page 5 (c) All insurance companies providing the required insurance shall be authorized to transact business in Texas and be rated at least "A"by AM Best or other equivalent rating service. (d) A certificate of insurance evidencing the required insurance shall be submitted to the City prior to commencement of services. Executed in two(2)counterparts,each of which is deemed to be an original and as of the day and date first written in this Contract. EXECUTED this day of , 2009. CITY OF WYLIE: CONSULTANT: By: By: Name: Name: red Ba ter, '.E. Title: Title: Corporate Vice President • City of Wylie Agreement for Consulting Services Page 6 EXHIBIT A Scope of Services The project consists of the engineering services for reconstruction of McMillen Road with sidewalks from McCreary Road to Country Club Road being 8200± linear feet with an estimated construction cost near 9.9 million dollars. The road would be completed to the outside four lanes of a six lane divided arterial with curbs and an enclosed storm sewer system. The project also includes twin three span bridges at Muddy Creek built out to the full six lanes plus a traffic protected sidewalk. The services would include the FEMA flood plain modeling study. The project would include a landscape plan and an irrigation bubbler system for the median. Two alignment concepts will be developed for the roadway through the flood zone of the project which would include location and identification of borrow sites inside the SCS flood easement. The project also includes the design of the water main and modifications to the existing system to accommodate the new roadway. Other services would include construction traffic control plans, traffic signals at McCreary if requested, pavement markings, storm water pollution prevention plans, and ADA review of the project. The services would include preparation of plans and documents for the City to submit to SCS for the construction of a roadway fill in a SCS detention storage zone. The services include support of the City during the bidding phase which would include answering contractor questions, attending pre-bid and bid opening meetings, tabulation and checking of all the bids. The survey services include the design survey of the roadway and borrow sites, right-of- way exhibits, construction control survey and sections required for the flood plain modeling. The geotechnical report would include on-site borings for the bridge foundation and recommendations for the bridge foundation design. The construction phase services would be limited to the review and checking of shop drawings of bridge, traffic signal, street lighting, irrigation and landscaping elements. This phase would also include periodic site visits and client support on contractor questions and review of City inspector approved contractor pay estimates. The construction phase services would also include furnishing the City with as-built plans based on contractor mark-ups. DELIVERABLES 1. Six(6) full-size sets of Preliminary Plans (30%)to show proposed roadway horizontal alignment in relation to existing features. 2. 65% Plans shall include three (3)full-size sets of plans with preliminary cost estimate. 3. 95% Plans shall include three (3)full-size sets of"ready to advertise" plans and specifications with final cost estimate. 4. 100% Plans shall include thirty (30)full-size sets of final plans and specifications and an additional ten (10) sets, if requested. 5. As-Built Drawings—One (1)full-size set of white Mylars 'As-built' drawings from markups provided by the city and the contractor. CD containing electronic copies of all design files in AutoCAD.dwg format. EXHIBIT B DESIGN SCHEDULE Task Months Conceptual Alignment 1.5 30 Percent Submittal 5.0 65 Percent Submittal 6.0 95 Percent Submittal 5.0 100 Percent Submittal 1.0 TOTAL 18.5 EXHIBIT C FEE SCHEDULE Basic Services Amount Data Collection $ 13,000 Paving Design $ 234,000 Drainage Design $ 110,000 Water Main Design $ 65,000 Bridge Design $ 88,000 Borrow Site Design $ 26,000 Print Marking Design $ 26,000 Bid Phase Services $ 5,000 Construction Phase Services $ 39,000 SUBTOTAL $ 606,000 Special Services Amount Conceptual Alignment $ 39,000 SCS Approval $ 26,000 Traffic Control $ 26,000 SWPPP $ 15,600 Flood Plain Modeling $ 42,000 Landscaping & Irrigation $ 37,000 Traffic Signals $ 28,000 Signal Warrant Study $ 9,000 Street Lighting $ 32,000 Geotechnical Report $ 8,000 ADA Services $ 1,000 Design Survey $ 60,000 Borrow Pit Surveys (6@2900) $ 17,400 ROW Exhibits (20@1750) $ 35,000 ESMT Exhibits (12@900) $ 10,800 Control Survey $ 4,500 Expenses $ 5,000 SUBTOTAL $ 396,300 GRAND TOTAL $ 1,002,300 EXHIBIT D CITY RESPONSIBILITIES 1. City to provide as-built plans and reference material 2. City to provide project management 3. City to provide daily construction inspection 4. City to provide bid advertisement EXCLUSIONS 1. Pavement and drainage design of City of Murphy side of McMillen and McCreary intersection 2. 404 permit submission 3. Detour route design 4. Right-of-way acquisition 5. Retaining wall design 6. Creek bank erosion control 7. Tree survey 8. Utility SUE services EXHIBIT E SUBCONTRACTORS LIST 1. Gorrondona &Associates (Surveying) 2. Talley Associates (Landscaping & Irrigation) 3. STL Engineers (Geotechnical Report) 4. Access by Design (ADA Review) COURT ORDER NO. 2008- ‘3(OI •10-14 L'O-r THE STATE OF TEXAS COUNTY OF COLLIN Subject: Interlocal Agreement,City of Wylie, McMillen Road—Engineering On October 14, 2008, the Commissioners Court of Coffin County, Texas, met in regular session with the following members present and participating, to wit: Keith Self County Judge, Presiding Phyllis Cole Commissioner, Precinct 1 Jerry Hoagland Commissioner, Precinct 2 Joe Jaynes Commissioner, Precinct 3 Kathy Ward Commissioner, Precinct 4 During such session the court considered approval of an interlocal Agreement with the City of Wylie. Thereupon, a motion was made, seconded and carried with a majority vote of the court for approval of an Interlocal Agreement with the City of Wylie for Construction of McMillen Road from East of McCreary Road to FM 1378 (2007 Bond Project No. 07-091) and further authorize the County Judge to finalize and execute same (2008 Funding NTE $500,000). Same is hereby approved as per the attached documentation. Wit,Keith Se ou u 1PAS, a P yliis o Or SS o , •ct. 1 • 440 , 44 , 'PI lr ,/ , ' 1-0100. 1 Jerry H r .land, Co , ies oner, lcr. 2 , I 1 ,,, , , • Joe Ja iplir atir - •nor, . 3 ATTEST: 411111rip4 "ir 4 is Kathy War•, • miss oner, ct. 4 Ste ennp, .. T ea p Commissioners'Cou Collin County, T E X A S f':lshepherdg.1 Wad Dwa1CpM 20081COURT ORDERSIID-I 4-08 CwMSIgned Court Orden12914 1-CofWytie-McMtlen Rood I014.doc INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE FOR CONSTRUCTION OF McMILLEN ROAD FROM EAST OF MCCREARY RD TO FM 1378 BOND PROJECT#07-091 (2008 FUNDING) WHEREAS, the County of Collin, Texas ("County") and the City of Wylie, Texas ("City") desire to enter into an agreement concerning the construction of McMillen Road and other improvements from east of McCreary Road to FM 1378 in Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act;and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this Agreement. NOW, THEREFORE, this Agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein, the receipt and sufficiency of which is hereby acknowledged. WITNESSETH: ARTICLE I. The City shall arrange to construct improvements to McMillen Road, hereinafter called (the "Project"). The Project shall consist of constructing a 4-lane divided concrete roadway, a distance of approximately 6,000 feet. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. The City shall acquire ail necessary right-of-way for the Project. The City shall prepare plans and specifications for the improvements, accept bids and award a contract to construct the improvements and administer the construction contract. In all such activities, the City shall comply with all state statutory requirements. The City shall provide the County with a copy of the executed construction contract(s) for the Project. ARTICLE III. The City estimates the total cost of the Project to be $8,298,750, which shall include land acquisition, engineering, construction, inspection, testing, street lighting, and construction administration costs including contingencies. The total amount of Funds ILA between Collin County and the City of Wylie re: McMillen Rd.(Project#07-091) Page 52I932.v2 remitted by the County during 2008 shall not exceed $500,000. The Payment Schedule is as follows: (a) Within thirty (30) days after the City (1) executes a Professional Service Agreement for the design of the Project and (2) requests payment from the County, the County shall remit a portion of the Funds to the City to cover those engineering costs required under the Professional Service Agreement. (b) Within thirty (30) days after all of the following have occurred, the County shall remit to the City fifty percent (50%) of the Funds not already disbursed for engineering costs under(a). (1) the City issues a notice to the lowest responsible bidder to start construction of the Project; (2) the City requests payment from the County; and (3) County bond money is available. (c) Within thirty (30) days after the City issues a notice that the Project is fifty percent (50%) complete and requests payment from the County, the County shall remit the remaining Funds not already disbursed under this Agreement. (d) At the completion of the Project, the City shall provide a final accounting of expenditures for the Project. If the actual cost of the Project is less than the estimated cost of $8,298,750, the City shall reimburse the County so that the County will have only paid fifty percent(50%)of the actual cost of the Project. (e) The Commissioners Court may revise this payment schedule based on the progress of the Project. ARTICLE IV. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty(30) days until Project completion. ARTICLE V. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ILA between Collin County and the City of Wylie re: McMillen Rd.(Project#07-091) Page 2 =21932.v2 ARTICLE VI. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER(AND ITS OFFICERS,AGENTS,AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. ARTICLE VII. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County,Texas. ARTICLE VIII. SEVERABILITY. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE IX. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. This Agreement supersedes all prior negotiations, representations and/or agreements, either written or oral. ARTICLE X. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. ILA between Collin County and the City of Wylie re: McMillen Rd.(Project#07-091) Page 3 521932.v2 ARTICLE XI. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied,other that those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ARTICLE XII. TERM. This Agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This Agreement shall automatically renew annually during this period. APPROVED AS TO FORM: COUNTr O/,CQLLIi1)i TEXAS By: By: Name: Name: f ` " "44. 1 Title: Title: County Judge Date: Date: ';6, Executed on'this fit?+ day of(t c bS.f 20(g, by the County of Collin, pursuant to Commissio ers' Court Order No.� .j ' ��- to- . ATTEST: ```,A O wy.'o CITY OF LIE TEXAS By: Y Name: arole E ich _ S� same: Min Manson Title: City Secretary = 'itle: City M� er � Date: 9-c93--+oP % .. t•• .... 'P5 „sitiate: Q� ...., E, E ‘0• Executed on behalf of the City of Wylie pursuant to City Council Resolution No. APPROVED AS TO FORM: By:A. Y J- Name: E • SWA/'1✓t Title: City Attorney Date: It. 74 ZQ©e ILA between Collin County and the City of Wylie re: McMillen Rd.(Project#07-091) Page 4 521932.v2 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 10, 2009 Item Number: 11 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: March 4, 2009 Budgeted Amount: $500,000 Exhibits: Agreement Subject Consider, and act upon, approval of an Engineering Services Agreement with RLK Engineering, in an amount not to exceed $365,600, for the design of the expansion of Ballard Avenue from Alanis Drive to the county line. Recommendation Motion to approve an Engineering Services Agreement with RLK Engineering, in an amount not to exceed $365,600, for the design of the expansion of Ballard Avenue from Alanis Drive to the county line. Discussion The 2007 Collin County Roadway Bond Program included $5,400,000 for the design and construction of approximately 5,800 linear feet of 4-lane concrete pavement section with sidewalks on Ballard Avenue from Alanis Drive to the county line. In October, 2008, an Inter-local Agreement was executed between Collin County and the City of Wylie to release $540,000 to begin engineering services for the roadway. The projected construction cost of the project is $4.1 million. The project is 100% funded by Collin County and will be managed by the City of Wylie as outlined in the inter-local agreement. Engineering services for the project include the design of a 4-lane paving section, storm sewer, sidewalks, utility relocations, erosion control, traffic control, and right of way documents. A summary of the proposed engineering fee is shown below: Summary of Fees Preliminary Engineering Services $163,487.50 Final Design Services $89,175.00 Bid Phase Services $11,445.00 Construction Administration $14,862.50 Final Project Documents $18,280.00 Surveying Services $32,250.00 Special Services $36,100.00 TOTAL $365,600.00 Page 1 of 2 Page 2 of 2 The special services include right of way documents, right of way staking, and a geotechnical report for a recommended pavement section. Approved By Initial Date Department Director CH 03/04/09 City Manager / /�/� AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS (CITY) AND RLK ENGINEERING, INC. (CONSULTANT) FOR ENGINEERING DESIGN SERVICES AGREEMENT Made as of the day of in the year Two Thousand and Nine: BETWEEN the City: The City of Wylie, Texas 2000 Highway 78 North Wylie, Texas 75098 Telephone: (972) 442-8120 Facsimile: (972) 442-4302 and the Consultant: RLK Engineering, Inc. 111 West Main Street Allen, Texas 75013 Telephone: (972) 359-1733 Facsimile: (972)359-1833 for the following Project: Ballard Avenue Improvements (Collin County Line to Alanis Road) The City and the Consultant agree as set forth below. THIS AGREEMENT is made and entered by and between the City of Wylie, Texas, a Home-Rule Municipal Corporation, hereinafter referred to as "City," and RLK Engineering, Inc., hereinafter referred to as "Consultant," to be effective from and after the date as provided herein, hereinafter referred to as "Agreement." WHEREAS, the City desires to engage the services of the Consultant to design and/or prepare construction documents for a the reconstruction of Ballard Avenue from the Collin County Line to Alanis Road within the City of Wylie, Texas, hereinafter referred to as "Project;" and City of Wylie—Consultant Services Agreement Page 1 459432.v2 WHEREAS, the Consultant desires to render such professional engineering services for the City upon the terms and conditions provided herein. NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That for and in consideration of the covenants contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: ARTICLE 1 CONSULTANT'S SERVICES 1.1 Employment of the Consultant — The City hereby agrees to retain the Consultant to perform professional engineering services in connection with the Project. Consultant agrees to perform such services in accordance with the terms and conditions of this Agreement. 1.2 Scope of Services — The parties agree that Consultant shall perform such services as are set forth and described in Exhibit "A," which is attached hereto and incorporated herein by reference for all purposes. The parties understand and agree that deviations or modifications to the scope of services described in Exhibit "A," in the form of written change orders, may be authorized from time to time by the City. 1.2.1 Requirement of Written Change Order — "Extra" work, or "claims" invoiced as "extra" work, or "claims" which have not been issued as a duly executed, written change order by the Wylie City Manager, will not be authorized for payment and/or shall not become part of the subcontracts. A duly executed written change order shall be preceded by the Wylie City Council's authorization for the Wylie City Manager to execute said change order. 1.2.2 DO NOT PERFORM ANY EXTRA WORK AND/OR ADDITIONAL SERVICES WITHOUT A DULY EXECUTED WRITTEN CHANGE ORDER ISSUED BY THE WYLIE CITY MANAGER. Project Managers, Superintendents, and/or Inspectors of the City are not authorized to issue verbal or written change orders. 1.3 Schedule of Work — The Consultant agrees to commence work immediately upon the execution of this Agreement, and to proceed diligently with said work to completion as described in the Compensation Schedule / Project Billing / Project Budget attached hereto as Exhibit "B" and incorporated herein by reference for all purposes, but in no event shall the Project be completed any later than September 30, 2011. 1.4 Failure to Meet Established Deadlines — Consultant acknowledges that time is of the essence in the performance of services under this Agreement as set forth City of Wylie—Consultant Services Agreement Page 2 459432.v2 in the Compensation Schedule / Project Billing / Project Budget attached hereto as Exhibit "B," and that non-compliance with the project schedule will harm residents of the City and the amounts of actual damages will be difficult or impossible to ascertain. If the Consultant fails to complete the Project tasks and to complete the required deliverables as stated in Exhibit"A" and accepted by the City by September 30, 2011, the City may therefore assess Liquidated Damages against the Consultant. Consultant acknowledges that the Liquidated Damages set forth below are a reasonable approximation of the actual damages and this Section 1.4 is intended to provide compensation and is not a penalty. 1.4.1 Liquidated Damages —The damages for non-compliance with the Project schedule are One Hundred and Fifty and 00/100 Dollars ($150.00) per calendar day until the services are completed and the required deliverables, as stated in Exhibit "A," are completed and accepted by the City. 1.4.2 Maximum Assessment — Liquidated Damages assessed against the Consultant under Section 1.4 shall not exceed fifteen percent (15%) of the overall Project budget. 1.4.3 Commencement of Project Time — For purposes of assessing Liquidated Damages against the Consultant under Section 1.4, Project Time shall commence ten (10) days after the Consultant receives a fully executed copy of the Agreement. 1.4.4 Ending of Project Time — For purposes of assessing Liquidated Damages against the Consultant under Section 1.4, Project Time shall end upon the completion of all required deliverables, as stated in Exhibit "A," as required by this Agreement and accepted by the City. 1.4.5 Exceptions of Project Time — The assessment of Liquidated Damages against the Consultant under Section 1.4 shall not apply to the existence of the following conditions: 1.4.5.1 Delays resulting from acts of nature; 1.4.5.2 Delays not controlled by the Consultant; 1.4.5.3 Delays caused by slow or insufficient response time, defined as ten (10) or more business days, by the City to the Consultant's requests for information and review prior to the submittals and deadlines as outlined in Exhibit "B;" 1.4.5.4 Project time during any and all periods that the plans, specifications, contract documents, and right-of-way plats and descriptions are being reviewed by the City, Texas Department City of Wylie—Consultant Services Agreement Page 3 459432.v2 of Transporation ("TxDOT"), or the North Texas Tollway Authority ("NTTA"). In these instances the suspended time shall begin on the date the plans or other documents are mailed or delivered to the agency (as properly documented by Consultant) and shall continue until the day after all review comments have been discussed and appropriate responses have been agreed to by all parties as documented in writing. 1.4.5.5 It is agreed by both City and Consultant that the time for acquisition of right-of-way is not included in the Project Time. 1.4.6 Procedures for Extension of Project Time — For purposes of assessing Liquidated Damages against the Consultant under Section 1.4, the following procedures shall apply to all requests for the extension of Project Time as stated in the Agreement: 1.4.6.1 Conditions Present — The Consultant may submit a written request to the City requesting consideration for an extension of Project Time when the following conditions are present: 1.4.6.1.1 Due to a lack of timely response from franchise utility companies or property owners to requests for assistance in determining the location of their facilities or improvements that may impact the design of the Project or City, TxDOT, or NTTA in finalizing design determinations; and/or 1.4.6.1.2 For property owners failing to provide permission to survey within ten (10) calendar days of such a request being made by Consultant; and/or 1.4.6.1.3 For any and all revisions to the Scope of Services as stated in Exhibit "A." 1.4.6.2 City Review and Response to Requests for Extension of Project Time —The City agrees to review such written requests for an extension of Project Time and to respond to the Consultant stating a recommended course of action within fifteen (15) business days upon receipt of such request. If a request for the extension of Project Time is approved by the City Council, City shall issue Consultant a duly executed, written change order stating the approved extension period. Other forms of notification regarding the extension of Project Time are not valid and do not amend the terms and conditions of the Agreement. City of Wylie—Consultant Services Agreement Page 4 459432.v2 1.4.7 Procedures for Assessment of Liquidated Damages — The procedure for consideration and assessment of Liquidated Damages is as follows: 1.4.7.1 Liquidated Damages shall be assessed by the Wylie City Manager or his or her designee; 1.4.7.2 Notice of the assessment of Liquidated Damages against the Consultant shall be provided in writing by City to Consultant, and such notice shall be delivered (but is not limited to) the Consultant via U.S. Certified Mail; 1.4.7.3 City and Consultant agree that the assessment date of Liquidated Damages shall be the date of postmark on the mailing of the notice. 1.4.8 Recovery of Liquidated Damages — Upon written notice to Consultant, the City shall recover assessed Liquidated Damages against the Consultant by deducting the amount thereof from any monies due or that may become due the Consultant, and if said monies are insufficient to cover the assessed damages, then the Consultant shall pay the amount due to the City. Payment shall be completed on or before the tenth (10th) business day following the assessment. 1.4.9 Procedures for Disputing Liquidated Damages — Consultant agrees to comply with the assessment and recovery of Liquidated Damages by City, and to diligently continue with work on the Project in order to complete the Project tasks and the required deliverables as stated in Exhibit "A" and accepted by the City. At the completion of the Project the Consultant shall retain all rights and remedies as provided in this Agreement and by State Law in order to dispute the assessment of Liquidated Damages. ARTICLE 2 THE CITY'S RESPONSIBILITIES City shall do the following in a timely manner so as not to delay the services of Consultant: 2.1 Project Data — The City shall furnish required information that is currently has in its possession, as expeditiously as necessary for the orderly progress of the work, and the Consultant shall be entitled to rely upon the accuracy and completeness thereof. 2.2 City Project Manager — The City shall designate, when necessary, a representative authorized to act on the City's behalf with respect to the Project (the "Project Manager"). The City or such authorized representative shall examine the documents submitted by the Consultant and shall render any City of Wylie—Consultant Services Agreement Page 5 459432.v2 required decisions pertaining thereto as soon as practicable so as to avoid unreasonable delay in the progress of the Consultant's services. The Project Manager is not authorized to issue verbal or written change orders for "extra" work or"claims" invoiced as "extra" work. ARTICLE 3 CONSULTANT'S COMPENSATION 3.1 Compensation for Consultant's Services — As described in "Article 1, Consultant's Services," compensation for this Project shall be on a Type of Payment Basis not to exceed Three Hundred Sixty Five Thousand Six Hundred and 00/100 Dollars ($365,600.00), ("Consultant's Fee") and shall be paid in accordance with Article 3 and the Compensation Schedule / Project Billing / Project Budget as set forth in Exhibit "B." The final five percent (5%) of the Consultant's Fee, or Eighteen Thousand Two Hundred Eighty and 00/100 Dollars ($18,280.00), shall not be paid until the Consultant has completed all of the services described in Exhibit "A" and delivered to the City all of the documents, plans, data, maps, and/or other information required in Exhibit "A." 3.1.1 Completion of Record Documents — City and Consultant agree that the completion of the Record Documents and/or "As-Built" Documents, including hard copy formatting and electronic formatting, shall be completed, submitted to, and accepted by the City prior to payment of the final five percent (5%) of the Consultant's Fee, or Eighteen Thousand Two Hundred Eighty and 00/100 Dollars ($18,280.00). The electronic formatting shall be consistent with the standards established in Exhibit "D," City of Wylie Guidelines for Computer Aided Design and Drafting ("CADD"). Completion of the Record Documents and/or "As-Built" documents shall be included in the Consultant's Fee and considered to be within the Scope of Services defined under this Agreement. 3.1.2 Disputes between City and Construction Contractor — If the Project involves the Consultant performing Construction Administration Services relating to an agreement between a Construction Contractor (the "Contractor") and the City, and upon receipt of a written request by City, Consultant shall research previous and existing conditions of the Project, and make a determination whether or not to certify that sufficient cause exists for the City to declare the Contractor in default of the terms and conditions of the agreement. Consultant shall submit his findings in writing to the City, or submit a written request for a specific extension of time (including the basis for such extension), within fifteen (15) calendar days of receipt of the written request from the City. City and Consultant agree that if requested by the City, completion of this task shall be included in the Consultant's Fee and considered to be within the Scope of Services as defined under this Agreement. City of Wylie—Consultant Services Agreement Page 6 459432.v2 3.1.3 Consultation and Approval by Governmental Authorities and Franchised Utilities — Consultant shall be responsible for identifying and analyzing the requirements of governmental agencies and all franchise utilities involved with the Project, and to participate in consultation with said agencies in order to obtain all necessary approvals and/or permissions. The Consultant shall be responsible for preparation and timely submittal of documents required for review, approval, and/or recording by such agencies. The Consultant shall be responsible for making such changes in the Construction Documents as may be required by existing written standards promulgated by such agencies at no additional charge to City. 3.1.4 Substantial Compliance with Architectural Barriers Act — Should the Project fall within the regulatory requirements of the Texas Architectural Barriers Act (the "Barriers Act"), as solely determined by the City, Consultant shall comply with the Barriers Act. As part of the Scope of Services defined in this Agreement, it is the sole responsibility of the Consultant to identify and analyze the requirements of the Barriers Act and to become familiar with the governmental authorities having jurisdiction to approve the design of the Project. Consultant shall participate in consultations with said authorities in order to obtain approval for the Project. As part of the services provided under the Consultant's Fee, the Consultant shall obtain the Notice of Substantial Compliance for the Project from the Texas Department of Licensing and Regulation (the "TDLR"). The Consultant shall, without additional compensation, immediately correct any errors, omissions, or deficiencies in the design services and/or construction documents identified by TDLR and/or a Registered Accessibility Specialist ("RAS") at any phase of the Project, either by review of the construction documents, or inspection of the Project at the commencement of construction, during the construction of the Project, or at the completion of construction. 3.1.4.1 Submission of Construction Documents to TDLR — The Consultant shall mail, ship, or hand-deliver the construction documents to TDLR not later than five (5) calendar days after the Consultant issues the construction documents for the Project. 3.1.4.2 Completion of Registration Form to TDLR — Consultant shall complete an Elimination of Barriers Project Registration Form (The "Form") for each subject building or facility within the Scope of the Project, and submit the registration form(s) along with the applicable fees not later than fourteen (14) calendar days after the Consultant completes the submittal of the construction documents to TDLR. City of Wylie—Consultant Services Agreement Page 7 459432.v2 3.1.4.3 TDLR Approval of Construction Documents —After review of the construction documents by TDLR, the Consultant shall be notified in writing of the results; however, it is the Consultant's responsibility to obtain TDLR's written comments. The Consultant shall address all comments that prevent TDLR approval of the construction documents, including comments relating to Conditional Approval that must be addressed in the design and construction of the Project. Consultant shall resubmit construction documents to TDLR for prior review to the completion of construction of the Project. 3.1.4.4 TDLR Project Inspection — Consultant shall request an inspection from TDLR or a TDLR locally approved RAS no later than thirty (30) calendar days after the completion of construction of the Project. The Consultant shall advise the City in writing of the results of each Project inspection. City reserves the right to verify the written results with TDLR at any time during design, construction, or at the completion of the Project. 3.1.4.5 Corrective Modifications following TDLR Project Inspection - When corrective modifications to achieve substantial compliance are required, the TDLR inspector or the RAS shall provide the Consultant a list of deficiencies and a deadline for completing the modifications. Consultant shall provide the City with this list within five (5) calendar days of receipt. It is the sole responsibility of the Consultant to completely address the deficiencies by the stated deadline or to obtain a written notice of extension from the TDLR. When the corrective measures have been completed, Consultant shall provide the TDLR (and/or the RAS who completed the inspection) and the City with written verification of the corrective measures completed. 3.1.4.6 TDLR Notice of Substantial Compliance —TDLR shall provide a Notice of Substantial Compliance to the City after the newly constructed Project has had a satisfactory inspection, or Consultant has submitted verification of corrective modifications. City and Consultant agree that the final five percent (5%) of Consultant's Fee, or Eighteen Thousand Two Hundred Eighty and 00/100 Dollars ($18,280.00) shall not be paid until the City is in receipt of the TDLR's Notice of Substantial Compliance for all Project components and/or phases of the Project. 3.2 Direct Expenses — Direct Expenses are included in the Consultant's Fee as described in Article 3.1 and include actual reasonable and necessary expenditures made by the Consultant and the Consultant's employees and subcontractors in the interest of the Project. All submitted Direct Expenses are to City of Wylie—Consultant Services Agreement Page 8 459432.v2 be within the amounts as stated in the Compensation Schedule / Project Billing / Project Budget set forth in Exhibit "B," and consistent with Exhibit "E," City of Wylie Guidelines for Direct Expenses, General and Administrative Markup, and Travel and Subsistence Expenses. The Consultant shall be solely responsible for the auditing of all Direct Expenses, including the subcontractors, prior to submitting to the City for reimbursement, and shall be responsible for the accuracy thereof. Any over-payment by the City for errors in submittals for reimbursement may be deducted from the Consultant's subsequent payment for services; provided, however this shall not be the City's sole and exclusive remedy for said overpayment. 3.3 Additional Services —The Consultant shall provide the services as described in the Scope of Services as set forth in Exhibit "A" of this Agreement. If authorized in writing by the City, the Consultant shall provide additional services, to be compensated on an hourly basis in accordance with this paragraph ("Additional Services"). These services may include, but are not limited to: 3.3.1 Additional meetings, hearings, work-sessions, or other similar presentations which are not provided for or contemplated in the Scope of Services described in Exhibit"A." 3.3.2 Additional drafts and revisions to the Project which are not provided for or contemplated in the Scope of Services as described in Exhibit"A." 3.3.3 Additional copies of final reports and construction plans which are not provided for or contemplated in the Scope of Services as described in Exhibit "A." 3.3.4 Photography, professional massing models which are not provided for or contemplated in the Scope of Services as described in Exhibit "A." 3.3.5 Compensation for Additional Services authorized by the City shall be in addition to the Consultant's Fee and shall be based on direct billable labor rates and expenses. 3.3.6 Compensation for Additional Services authorized by the City shall be in addition to the Consultant's Fee and shall be based on an hourly basis according to the following personnel rates. The rates set forth in this chart are subject to reasonable change provided prior written notice of said change is given to City. City of Wylie—Consultant Services Agreement Page 9 459432 v2 Hourly Billable Rates by Position Name Position Hourly Rate Ronny L. Klingbeil, P.E. Principal $ 140.00 Chad A. Pendley, P.E. Sr. Project Manager $ 130.00 John E. Elliott, P.E. Project Engineer $ 105.00 Rob Morse, P.E. Engineer $ 100.00 Mackie Klingbeil, RPLS R.P.L.S. $ 110.00 Wes Lawson, E.I.T. Engineering Intern $ 85.00 James D. Swaim Senior Engineering Tech $ 85.00 Beth Bowden Engineering Technician $ 80.00 Kristy Rowell Administrative (HR /Acct) $ 60.00 Survey Field Crew Survey Field Crew $ 150.00 3.4 Invoices — No payment to Consultant shall be made until Consultant tenders an invoice to the City. Invoices are to be mailed to City immediately upon completion of each individual task listed in Exhibit "B." On all submitted invoices, Consultant shall include appropriate background materials to support the submitted charges on said invoice. Such background material shall include, but is not limited to, employee timesheets, invoices for work obtained from other parties, and receipts and/or log information relating to Direct Expenses. All invoices for payment shall provide a summary methodology for administrative markup and/or overhead charges. 3.5 Timing of Payment — City shall make payment to Consultant for said invoices within thirty (30) days following receipt and acceptance thereof. The parties agree that payment by City to Consultant is considered to be complete upon mailing of payment by City. Furthermore, the parties agree that the payment is considered to be mailed on the date that the payment is postmarked. 3.6 Disputed Payment Procedures — In the event of a disputed or contested billing by City, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. City shall notify Consultant of a disputed invoice, or portion of an invoice, in writing by the twenty-first (21st) calendar day after the date the City receives the invoice. City shall provide Consultant an opportunity to cure the basis of the dispute. If a dispute is resolved in favor of the Consultant, City shall proceed to process said invoice, or the disputed portion of the invoice, within the provisions of Article 3.5. If a dispute is resolved in favor of the City, Consultant shall submit to City a corrected invoice, reflecting any and all payment(s) of the undisputed amounts, documenting the credited amounts, and identifying outstanding amounts on said invoice to aid City in processing payment for the remaining balance. Such revised invoice shall have a new invoice number, clearly referencing the previous submitted invoice. City agrees to exercise reasonableness in contesting any billing or portion thereof that has background materials supporting the submitted charges. City of Wylie—Consultant Services Agreement Page 10 459432.v2 3.7 Failure to Pay — Failure of the City to pay an invoice, for a reason other than upon written notification as stated in the provisions of Article 3.6 to the Consultant within sixty (60) days from the date of the invoice shall grant the Consultant the right, in addition to any and all other rights provided, to, upon written notice to the City, suspend performance under this Agreement, and such act or acts shall not be deemed a breach of this Agreement. However, Consultant shall not suspend performance under this Agreement prior to the tenth (10th) calendar day after written notice of suspension was provided to City, in accordance with Chapter 2251, Subchapter "D" ("Remedy for Nonpayment") of the Texas Government Code. The City shall not be required to pay any invoice submitted by the Consultant if the Consultant breached any provision(s) herein. 3.8 Adjusted Compensation — If the Scope of the Project or if the Consultant's services are materially changed due to no error on behalf of Consultant in the performance of services under this Agreement, the amounts of the Consultant's compensation shall be equitably adjusted as approved by City. Any additional amounts paid to the Consultant as a result of any material change to the Scope of the Project shall be authorized by written change order duly executed by both parties before the services are performed. 3.9 Project Suspension — If the Project is suspended or abandoned in whole or in part for more than three (3) months, Consultant shall be entitled to compensation for any and all work completed to the satisfaction of City in accordance with the provisions of this Agreement prior to suspension or abandonment. In the event of such suspension or abandonment, Consultant shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs, and/or any other items prepared by Consultant in connection with this Agreement prior to Consultant receiving final payment. If the Project is resumed after being suspended for more than three (3) months, the Consultant's compensation shall be equitably adjusted as approved by the City. Any additional amounts paid to the Consultant after the Project is resumed shall be agreed upon in writing by both parties before the services are performed. ARTICLE 4 OWNERSHIP OF DOCUMENTS 4.1 Documents Property of the City — The Project is the property of the City, and Consultant may not use the documents, plans, data, studies, surveys, drawings, maps, models, reports, photographs, and/or any materials for any other purpose not relating to the Project without City's prior written consent. City shall be furnished with such reproductions of the Project, plans, data, documents, maps, and any other information as defined in Exhibit "A." Upon completion of the work, or any earlier termination of this Agreement under Article 3 and/or Article 7, Consultant will revise plans, data, documents, maps, and any other information as defined in Exhibit "A" to reflect changes while working on the Project and City of Wylie—Consultant Services Agreement Page 11 459432 v2 promptly furnish the same to the City in an acceptable electronic format. All such reproductions shall be the property of the City who may use them without the Consultant's permission for any purpose relating to the Project, including, but not limited to, completion of the Project, and/or additions, alterations, modifications, and/or revisions to the Project. 4.2 Documents Subject to Laws Regarding Public Disclosure — Consultant acknowledges that City is a governmental entity and that all documents, plans, data, studies, surveys, drawings, maps, models, reports, photographs, and/or any items prepared or furnished by Consultant (and Consultant's professional associates and/or Sub-consultants) under this Agreement are instruments of service in respect of the Project and property of the City and upon completion of the Project shall thereafter be subject to the Texas Public Information Act (Texas Government Code, Chapter 552) and any other applicable laws requiring public disclosure of the information contained in said documents. ARTICLE 5 CONSULTANT'S INSURANCE REQUIREMENTS 5.1 Required Professional Liability Insurance — Consistent with the terms and provisions of Exhibit "F," City of Wylie Contractor Insurance Requirements, Consultant shall maintain, at no expense to City, a professional liability (errors and omissions) insurance policy with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s), authorized to transact business in the State of Texas, in an amount not less than One Million and 00/100 Dollars ($1,000,000.00) for each occurrence, and Two Million and 00/100 Dollars ($2,000,000.00) in the aggregate. Such policy shall name the City, its officers, agents, representatives, and employees as additional insured as to all applicable coverage. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent that same is covered by the proceeds of the insurance. Such policy shall require the provision of written notice to City at least thirty (30) days prior to cancellation, non-renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. Consultant shall furnish City with certificates evidencing such coverage prior to commencing work on the Project. 5.2 Required Workers Compensation Insurance — Consistent with the terms and provisions of Exhibit "F," City of Wylie Contractor Insurance Requirements, Consultant shall maintain, at no expense to City, all Statutory Workers Compensation Insurance as required by the laws of the State of Texas. Such insurance policy shall be with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent service(s), and authorized to transact business in the State of Texas. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent that same is covered by the proceeds of the City of Wylie—Consultant Services Agreement Page 12 459432.v2 insurance. Such policy shall require the provision of written notice to City at least thirty (30) days prior to cancellation, non-renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. Consultant shall furnish City with certificates evidencing such coverage prior to commencing work on the Project. 5.3 Circumstances Requiring Umbrella Coverage or Excess Liability Coverage — If Project size and scope warrant, and if identified on the checklist located in Exhibit "F," City of Wylie Contractor Insurance Requirements, Consultant shall maintain, at no expense to the City, an umbrella coverage or excess liability coverage insurance policy with a company that maintains a minimum rating of"A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s), authorized to transact business in the State of Texas, in an amount of Two Million and 00/100 Dollars ($2,000,000.00). Consistent with the terms and provisions of Exhibit "F," such policy shall name the City, its officers, agents, representatives, and employees as additional insured as to all applicable coverage. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent that the same is covered by the proceeds of the insurance. Such policy shall require the provision of written notice to the City at least thirty (30) days prior to cancellation, non- renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. Consultant shall furnish City with certificates evidencing such coverage prior to commencing work on the Project. ARTICLE 6 CONSULTANT'S ACCOUNTING RECORDS Records of Direct Expenses and expenses pertaining to services performed in conjunction with the Project shall be kept on the basis of generally accepted accounting principles. Invoices will be sent to the City as indicated in Article 3.4. Copies of employee time sheets, receipts for direct expense items and other records of Project expenses will be included in the monthly invoices. ARTICLE 7 AUDITS AND RECORDS / PROHIBITED INTEREST/VENDOR DISCLOSURE The Consultant agrees that at any time during normal business hours and as often as the City may deem necessary, Consultant shall make available to representatives of the City for examination all of its records with respect to all matters covered by this Agreement, and will permit such representatives of the City to audit, examine, copy and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement, and for a period of four (4) years from the date of final settlement of this Agreement or for such other or longer period, if any, as may be required by applicable statute or other lawful requirement. City of Wylie—Consultant Services Agreement Page 13 459432.v2 The Consultant agrees that it is aware of the prohibited interest requirement of the City Charter, which is repeated on the Affidavit, attached hereto as Exhibit "G" and incorporated herein for all purposes, and will abide by the same. Further, a lawful representative of Consultant shall execute the Affidavit attached hereto as Exhibit "G". Consultant understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIO, attached hereto as Exhibit "H" and incorporated herein for all purposes. ARTICLE 8 TERMINATION OF AGREEMENT / REMEDIES City may, upon thirty (30) days written notice to Consultant, terminate this Agreement, for any reason or no reason at all, before the termination date hereof, and without prejudice to any other remedy it may have. If City terminates this Agreement due to a default of and/or breach by Consultant and the expense of finishing the Project exceeds the Consultant's Fee at the time of termination, Consultant waives its right to any portion of Consultant's Fee as set forth in Article 3 herein and agrees to pay any costs over and above the fee which the City is required to pay in order to finish the Project. On any default and/or breach by Consultant, City may elect not to terminate the Agreement, and in such event it may make good the deficiency in which the default consists, and deduct the costs from the Consultant's Fee due Consultant as set forth in Article 3 herein. If City terminates this Agreement and Consultant is not in default of the Agreement, Consultant shall be entitled to compensation for any and all work completed to the satisfaction of the City in accordance with the provisions of this Agreement prior to termination. In the event of any termination, Consultant shall deliver to City all finished and/or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs and/or any items prepared by Consultant in connection with this Agreement prior to Consultant receiving final payment. The rights and remedies provided by this Agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. City of Wylie—Consultant Services Agreement Page 14 459432.v2 ARTICLE 9 DISPUTE RESOLUTION / MEDIATION In addition to all remedies at law, the parties may resolve/mediate any controversy, claim or dispute arising out of or relating to the interpretation or performance of this Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually acceptable mediator. ARTICLE 10 INDEMNITY CONSULTANT SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM CONSULTANT IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY CONSULTANT PURSUANT TO THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF THE CITY (HEREINAFTER "CLAIMS"). THIS INDEMNIFICATION PROVISION AND THE USE OF THE TERM "CLAIMS" IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN CONSULTANT AND ITS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH THE CONSULTANT, INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, City of Wylie—Consultant Services Agreement Page 15 459432.v2 NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. CONSULTANT IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS; PROVIDED, HOWEVER, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT THE CITY (WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE NEGLIGENCE FOR THE CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, THEN CONSULTANT IS NOT REQUIRED TO INDEMNIFY THE CITY TO THE EXTENT OF THE NEGLIGENCE APPORTIONED TO THE CITY. IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY CONSULTANT IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF CONSULTANT'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF CONSULTANT'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. CONSULTANT SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF CONSULTANT FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND CONSULTANT SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. THE RIGHTS AND OBLIGATIONS CREATED BY THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. City of Wylie—Consultant Services Agreement Page 16 459432.v2 ARTICLE 11 NOTICES Consultant agrees that all notices or communications to City permitted or required under this Agreement shall be delivered to City at the following addresses: City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 City agrees that all notices or communication to Consultant permitted or required under this Agreement shall be delivered to Consultant at the following addresses: Chad A. Pendley, P.E. Project Manager RLK Engineering, Inc. 6175 Main Street, Suite 395 Frisco, Texas 75034 Any notice provided in writing under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. All notices or communication required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date such notice or communication is postmarked by the sending party. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other party in accordance with the provisions of this Agreement. ARTICLE 12 MISCELLANEOUS 12.1 Complete Agreement — This Agreement, including the exhibits hereto labeled "A" through "G," all of which are incorporated herein for all purposes, constitute the entire Agreement by and between the parties regarding the subject matter hereof and supersedes all prior and/or contemporaneous written and/or oral understandings. This Agreement may not be amended, supplemented, and/or modifies except by written agreement duly executed by both parties. The following exhibits are attached below and made a part of this Agreement: 12.1.1 Exhibit "A," Scope of Services. 12.1.2 Exhibit "B," Compensation Schedule/ Project Billing / Project Budget. 12.1.3 Exhibit "C," City of Wylie Guidelines for Surveying and Benchmarking. City of Wylie—Consultant Services Agreement Page 17 459432.v2 12.1.4 Exhibit "D," City of Wylie Guidelines for Computer Aided Design and Drafting (CADD). 12.1.5 Exhibit "E," City of Wylie Guidelines for Direct Expenses; General and Administrative Markup; Travel and Subsistence Expenses. 12.1.6 Exhibit "F," City of Wylie Contractor Insurance Requirements. 12.1.7 Exhibit "G,"Affidavit. 12.1.8 Exhibit "H", Conflict of Interest Questionnaire, Form CIQ. 12.2 Assignment and Subletting — The Consultant agrees that neither this Agreement nor the work to be performed hereunder will be assigned or sublet without the prior written consent of the City. The Consultant further agrees that the assignment or subletting or any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Consultant of its full obligations to the City as provided by this Agreement. All such approved work performed by assignment or subletting shall be billed through Consultant, and there shall be no third party billing. 12.3 Successors and Assigns — City and Consultant, and their partners, assigns, successors, subcontractors, executors, officers, agents, employees, representatives, and administrators are hereby bound to the terms and conditions of this Agreement. 12.4 Severability — In the event of a term, condition, or provision of this Agreement is determined to be invalid, illegal, void, unenforceable, or unlawful by a court of competent jurisdiction, then that term, condition, or provision, shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained herein. 12.5 Venue — This entire Agreement is performable in Collin County, Texas and the venue for any action related directly or indirectly, to this Agreement or in any manner connected therewith shall be in Collin County, Texas, and this Agreement shall be construed under the laws of the State of Texas. 12.6 Execution I Consideration — This Agreement is executed by the parties hereto without coercion or duress for any substantial consideration, the sufficiency of which is forever confessed. 12.7 Authority — The individuals executing this Agreement on behalf of the respective parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for an on behalf of the party for which his or her signature appears, that there City of Wylie—Consultant Services Agreement Page 18 459432.v2 are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the other party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 12.8 Waiver—Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel strict compliance. 12.9 Headings — The headings of the various sections of this Agreement are included solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. 12.10 Multiple Counterparts — This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 12.11 Sovereign Immunity — The parties agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 12.12 Additional Representations — Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had the opportunity to confer with its counsel. 12.13 Miscellaneous Drafting Provisions — This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. 12.14 No Third Party Beneficiaries -- Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest day as reflected by the signatures below. Effective Date: City of Wylie—Consultant Services Agreement Page 19 459432.v2 CITY CONSULTANT City of Wylie, Texas RLK Engin ring, Inc. By: By: Mindy Manson, City Manager Chad A. P ley, P.E., Sr. Project Manager APPROVED AS TO FORM: Abernathy, Roeder, Boyd, & Joplin, P.C. Julie Y. Fort City Attorneys STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared MINDY MANSON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2009. Notary Public In and For the State of Texas My commission expires: STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, otary Public in and for the State of Texas, on this day personally appeared e_ ncl ikt t��.0 , known to me to be the person whose name is subscribed to the foregoing ins tr'Gment and acknowledged to me that he/she executed the same for the purpose and consideration expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Sday of d\- , 2009. '''�'�%��, MARY E BOWDEN Notary P 'c In and For th St to of Texas 13 Notary Public,State of Texas My commission expires: 3 I�? oZblo�— ±-t My Commission Expires 03-19-2012 y o "y ie— onsu an ervices Agreement Page 20 459432.v2 Exhibit "A" Scope of Services Agreement by and between the City of Wylie, Texas (City) and RLK Engineering, Inc. (Consultant) to perform Professional Engineering Services for Ballard Avenue Improvements from the Collin County Line to Alanis Road. I. PROJECT DESCRIPTION The City of Wylie proposes to reconstruct Ballard Avenue from the Collin County Line to Alanis Road, which consists of approximately 5,800 linear feet of four-lane concrete pavement section with closed conduit storm drainage system, illumination, and irrigation. Water and sanitary sewer mains and services shall be relocated as necessary to accommodate the proposed improvements. Services by the consultant shall include all aspects of the work set forth in the following scope of services. The parameters for design of the improvements shall include the following: 1. Replacement of existing 2-lane asphalt roadway with new 4-lane divided concrete paving section. 2. Replacement of existing driveway approaches to the ROW line and beyond if necessary. 3. Replacement of existing sidewalks and barrier free ramps. New sidewalks and ramps shall be installed to meet City of Wylie requirements along with ADA and TDLR. 4. Replace / upgrade / add storm sewer system to carry the City Design storm runoff. 5. Relocation of existing water lines which conflict with the proposed roadway and drainage improvements, including services and meter boxes. 6. Relocation of existing sanitary sewer lines which conflict with the proposed roadway and drainage improvements, including manholes and services. Services shall be replaced to the R.O.W. line and include new clean-outs. 7. Work zone traffic control and construction sequencing. 8. Construction Erosion Control Plans. 9. Post-Construction erosion control (sodding). 10. Preparation of right-of-way and/or easement documents where necessary. 11. Project Illumination and Irrigation Design. 12. Scale of plans to be: 1"=20' Horizontal; 1"=4' Vertical. 13. All work shall conform to the City of Wylie requirements. 14. All design work will be prepared in CAD, with electronic files in AutoCAD format submitted to the City upon final record drawings. 15. Submittals to the City of work-in-progress shall be at 30%, 65%, 90%, and 100% stages of completion. For each stage of review, three (3) sets of drawings will be furnished to the City. City of Wylie—Consultant Services Agreement Page 21 459432.v2 16. Standards and typical construction details of the City may be referred to in the specifications and on the drawing rather than re-draw the standard detail. 17. Special details that are not included as a standard by the City shall be included in both plans and specifications. 18. Determine what other entities will need to review the plans before construction can begin i.e. TDLR (Texas Department of Licensing and Regulation), TCEQ (Texas Commission on Environmental Quality, THC (Texas Historical Commission), TxDOT, DART (Dallas Area Rapid Transit), FEMA, and any other entities that might need to review these plans. 19. Assist the city in preparing applications/letters/plan sets to be distributed to any entity for review purposes. The Engineer shall perform the necessary engineering and related technical services for the Design and Construction Phase Services, including necessary Additional Services for development of this project according to the following sections of this agreement. II. TASK SUMMARY, BASIC SERVICES. A. Task One, Preliminary Engineering Design — 1. Subtask 1 — Data Collection / Pre Design Meeting a. Obtain pertinent utility plans, street plans, plats, right-of-way maps, existing easement information, contour maps, and other features within and pertaining to the project area from the City of Wylie. The Engineer will also coordinate with franchise utilities in the area and obtain record information where available. Existing project conditions shall also be documented using digital photography and/or video. b. Meet with City of Wylie engineering staff to review project requirements, design criteria, communication procedures, project scheduling, personnel, and other pertinent matters that may impact the project. Additional meetings will be scheduled throughout the length of the project. 2. Subtask 2 — Field Surveying for Engineering Design Perform necessary surveying operations for the complete design of the project as outlined in this Scope of Services. Surveying shall include the following: a. Establish horizontal and vertical control using City of Wylie criteria. b. Tie right-of-way lines and corners, property lines and corners, trees six (6) inches in diameter and larger, fence lines, and other visible surface features. City of Wylie—Consultant Services Agreement Page 22 459432.v2 c. Topographic Information including cross sections of the existing ground features as needed for design. d. Horizontal and vertical location of all existing facilities within the project limits including existing paving, driveways, sidewalks, buildings, mailboxes, landscaping, etc. e. Tie existing visible franchise utilities and appurtenances, and public utilities such as water valves, fire hydrants, manholes, etc. f. Verify horizontal and vertical location of existing sanitary sewer facilities. g. Tie underground utilities if exposed. 3. Subtask 3 — Preliminary Engineering Design Prepare preliminary engineering plans with submittals at thirty percent (30%) and sixty-five percent (65%) completion. The preliminary engineering design phase will include the following: a. Prepare preliminary plans. 1. Establish preliminary horizontal and vertical alignments. 2. Locate utility crossing, and nearby utilities, and other nearby improvements. 3. Establish preliminary construction easement/right-of-way needs, if any. 4. Establish preliminary locations for water and sewer lines, if any. 5. Delineate drainage areas and make evaluations as to the extent drainage facilities are required in conjunction with the project. 6. Establish preliminary locations for drainage facilities. b. Work with affected franchise utilities to obtain accurate information for horizontal and vertical data of existing facilities and identify those to be protected or relocated. c. Coordinate with other governmental agencies, adjacent developments, and individual property owners as necessary. d. Prepare updated estimated construction quantities and opinion of probable construction costs for thirty percent (30%) and sixty-five percent (65%) submittals. Present any potential alternatives, which may provide cost savings to the City of Wylie. City of Wylie—Consultant Services Agreement Page 23 459432.v2 e. Submit three (3) sets of preliminary plans and estimates to the City of Wylie for review. Preliminary submittals will occur at thirty percent (30%) and sixty-five percent (65%) completion stages. An additional five (5) sets of preliminary plans shall be submitted at sixty-five percent (65%) completion for distribution to franchise utilities. f. Meet with franchise utilities, if required, to communicate project details. g. Meet with the City of Wylie to discuss preliminary plans and estimates at the scheduled intervals. Discuss preliminary construction sequencing, traffic control, property access, and construction storm water runoff issues. h. Attend public meetings, if required, to communicate project details to citizens, council members, or other interested parties. City of Wylie shall provide meeting location and notices. B. Task Two, Final Engineering Design — 1. Subtask 1 - Final Engineering Design Incorporating comments from the City of Wylie, franchise utilities, and other interested parties, prepare final engineering plans and specifications with submittals at ninety percent (90%) and one-hundred percent (100%) completion. The final engineering design phase will include the following: a. Revise and complete preliminary drawings. b. Prepare final construction sequencing, traffic control and access plans. c. Prepare storm water runoff erosion control plans. Incorporate standard details into the plans and prepare additional details as required. d. Final engineering plan sheets shall meet the City of Wylie standard criteria. 2. Subtask 2 -Project Manual Prepare project manual including bidding requirements, proposal, bid schedule, special conditions, and technical specifications. 3. Subtask 3 - Final Submittals Prepare updated estimated construction quantities and opinion of probable construction costs and submit three (3) sets of engineering City of Wylie—Consultant Services Agreement Page 24 459432.v2 plans and project manual, along with revised estimates to the City of Wylie for review. a. Submittals will occur at ninety percent (90%) and one hundred percent (100%) completion stages. b. Upon final review of one-hundred percent (100%) plans, supply three (3) sets of plans (hardcopy) to the City of Wylie. C. Task Three, Bidding / Construction Phase 1. Subtask 1 - Final Printing Coordinate final printing of construction plans and project manual for distribution to proposed bidders. The Engineer will recoup cost of bid sets by non-refundable fee from proposed bidders. All plans, project manuals, and other related bidding documents will be distributed from the office of the Engineer. 2. Subtask 2 - Bidding Process Assist the City of Wylie with the bidding process as follows: a. Provide bidding documents to approved Plan Rooms. b. Advertising for Bids. c. Attend pre-bid conference if required by the City of Wylie. d. Address questions from the proposed bidders during the bidding process and issue addenda as necessary. e. Prepare tabulation sheet for the bid opening and assist the City of Wylie in securing, opening, tabulating, and analyzing bids received. f. Prepare final bid tabulations based upon the bids received and furnish electronic bid tabulation sheet along with recommendations on the award of the contract to the lowest qualified bidder. Recommendations will be based upon the following criteria: 1. Past work history. 2. Financial resources. 3. Physical resources to complete the project. g. Prepare formal contract documents for execution between the Contractor and the City of Wylie. 3. Subtask 3 — Construction Administration a. Construction Plans - Furnish twelve (12) sets of final plans for construction for use by the City of Wylie and the Contractor. b. Pre-Construction Conference — Meet with the City of Wylie, the Contractor, and other interested parties to discuss the construction City of Wylie—Consultant Services Agreement Page 25 459432.v2 of the project, including project requirements, communication procedures, project scheduling, personnel, laboratory testing requirements, field inspection, construction staking, pay requests, and other pertinent matters that may impact the project. c. Construction Observation— Perform periodic site visits to determine the overall progress of construction and conformance with plans and specifications and attend monthly progress meetings if needed. d. Pay Requests — Review all pay application requests and submit to the City of Wylie for approval. e. Changes & Reviews — Review shop drawings, laboratory testing reports, field change requests and change orders. Provide written responses to requests for information or clarification to City or Contractor. Prepare and process routine change orders as they pertain to the original scope of work. Upon substantial completion of construction, the Engineer will conduct a final project walkthrough with the Contractor and City of Wylie and provide a punch list of outstanding issues. D. Task Four, Completion of Record Documents 1. Record Drawings — Prepare record drawings utilizing City of Wylie and Contractor as-built information, including one (1) set 22" X 34" Mylar record drawings and one electronic copy of all construction plan sheets in AutoCAD and Tiff Image formats. E. Task Five, TDLR Notice of Substantial Compliance III. TASK SUMMARY, SPECIAL SERVICES. A. Task One, Geotechnical Investigation for Design Provide geotechnical report for pavement, drainage, and structural design of the project. B. Task Two, Right-of-Way/ Easement Documents 1. Prepare metes and bounds descriptions for the acquisition of all right-of- way necessary for the construction of the project. Submit three (3) copies of right-of-way documents to the City of Wylie at the sixty-five percent (65%) plan submittal. 2. Establish proposed easement and right-of-way corners on the ground (one-time). City of Wylie—Consultant Services Agreement Page 26 459432.v2 3. Provide Right-of-Way Map showing properties with ownership and include existing and proposed right-of-way and easements. C. Task Three, Right-of-Way/ Easement Staking for Franchise Utility 1. Provide Right-of-Way staking on an as needed basis for franchise utility relocation purposes (one-time per location). IV. ITEMS NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES. A. Additional Services not included in the existing Scope of Services — City and Consultant agree that the following services are beyond the Scope of Services described in the tasks above. However, Consultant can provide these services, if needed, upon the City's written request. Any additional amounts paid to the Consultant as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These Additional Services include the following: 1. Computer modeling and routing of water flows; 2. Final Plat; 3. Environmental assessment or remediation; 4. Fees for permits and bid advertising; 5. Traffic engineering reports or studies; 6. Traffic Signals; 7. Floodplain reclamation plans or floodplain analysis; 8. Landscape Design; 9. Construction Inspection; 10.Designs for Trench Safety; 11.Consulting services by others not included in proposal; 12.Quality control and testing services during construction; 13.Alternate additions not included in the original scope; 14.Improvements outside the project limits, including but not limited to offsite drainage or utilities. City of Wylie—Consultant Services Agreement Page 27 459432.v2 V. DELIVERABLES. A. Required Deliverables — At the completion of Tasks 1 through 5, Consultant shall ensure the delivery of the following products to the City: 1. Three (3) sets of preliminary plans and estimates for review. 2. Two (2) copies of the geotechnical engineering report. 3. Three (3) copies of right-of-way acquisition documents. 4. Three (3) sets of final plans and estimates for review. 5. Two (2) sets of construction contract documents, including technical specifications and proposals. 6. Twelve (12) sets of final plans for construction. 7. One (1) set of reproducible record drawings, including an electronic copy of all construction plan sheets. B. Required Deliverables Subject to Liquidated Damages — The required deliverables described in Paragraph V(A)(1-3) above shall be subject to Liquidated Damages as set forth in Article 1, "Consultant's Services," Section 1.4, "Failure to Meet Established Deadlines." City of Wylie—Consultant Services Agreement Page 28 459432.v2 I. PROJECT LABOR ALLOCATION. TASK SUBTASK MANHOURS TASK 1 Meet with City/Obtain Project Information 8 Preliminary Conduct field survey for design 216 Engineering Design Obtain Franchise Utility Information 40 Geotechnical Investigation 56 Prepare Preliminary Drawings 960 Prepare ROW Acquisition Documents 120 Coordinate with Utilities 40 Prepare Quantity and Cost Estimates 40 Submit for Review 40 Meetings with City 40 Task 1 Subtotal 1560 Hours TASK 2 Revise Preliminary Plans&Address 160 Final Engineering Comments Design Prepare Final Plans& Incorporate 800 Standards Prepare Technical Specs/Proposal 80 Submit for Review 16 Meetings with City 24 Task 2 Subtotal 1080 Hours TASK 3 Prepare Final Bid Documents 80 Bidding& Assist City with Bidding 80 Construction Phase Assist City with Pre-Construction 16 Provide Periodic Site Visits (Observation) 160 Assist City with Requests for Information /Pay Applications 100 Task 3 Subtotal 436 Hours TASK 4 Prepare Record Drawings 80 Record Drawings Task 4 Subtotal 80 Hours TASK S TDLR Review/Compliance 40 TDLR Task 5 Subtotal 40 Hours TOTAL PROJECT 3196 Hours City of Wylie—Consultant Services Agreement Page 29 459432.v2 II. ATTACHMENTS (IF APPLICABLE). City of Wylie—Consultant Services Agreement Page 30 459432.v2 EXHIBIT "B" COMPENSATION SCHEDULE / PROJECT BILLING / PROJECT BUDGET Agreement by and between the City of Wylie (City) and RLK Engineering, Inc. (Consultant) to perform Professional Engineering Services for Ballard Avenue Improvements from the Collin County Line to Alanis Road. I. COMPENSATION SCHEDULE / PROJECT BILLING SUMMARY. MONTH, DATE, YEAR DOLLAR AMOUNT TASK COMPLETED March 17, 2009 -- City executes Agreement and Issues Notice to Proceed to Consultant; City delivers a copy of fully executed Agreement to Consultant. -- Consultant's receipt of fully April 2, 2009 executed Agreement; commencement of time for the assessment of Liquidated Damages. Task One, Preliminary September 25, 2009 $ 224,337.50 Engineering Design (Task Completed and all task-related deliverables completed as required by this Agreement and accepted by the City). Task Two, Final Engineering March 5, 2010 $ 96,675.00 Design (Task Completed and all task-related deliverables completed as required by this Agreement and accepted by the City). Task Three, Bidding / September 9, 2011 $ 26,307.50 Construction Phase (Task Completed and all task-related deliverables completed as required by this Agreement and accepted by the City). Completion of Tasks. (Tasks September 30, 2011 $ 18,280.00 Completed and deliverables (Final 5% of Consultant's completed as required by this Fee) Agreement and accepted by the City; to be completed no later than September 30, 2011 (Match with Article 1.3)). TOTAL CONSULTANT'S $ 365,600.00 FEE(NOT-TO-EXCEED) City of Wylie—Consultant Services Agreement Page 31 459432.v I II. PROJECT BUDGET SUMMARY. A. Basic Services. 1. Basic Services a. Preliminary Engineering Design. $ 163,487.50 b. Final Engineering Design. $ 89,175.00 c. Bid Specifications &Construction Documents. $ 11,445.00 d. Construction Administration $ 14,862.50 (including research of existing conditions and certification of Contractor's default). 2. Final Project Documents (final 5% of contract) $ 18,280.00 a. Compliance with Barriers Act and TDLR Notice of Substantial Compliance. b. Completion of Record Documents. 3. Surveying Services i. Design Surveying. $ 32,250.00 ii. Construction Surveying. $ 0.00 (By Construction Contractor) iii. Construction Staking. $ 0.00 (By Construction Contractor) Total Basic Services (Not-To-Exceed) $329,500.00 B. Special Services. 1. Geotechnical Investigation for Design $ 11,100.00 2. Right-of-Way/ Esmt. Documents (Est. 25 Tracts @ $700/Tract) $ 17,500.00 3. ROW/ Easement Staking for Franchise Utilities (One Time) ($300 ea. /Tract— Estimated 25 tracts) $ 7,500.00 Total Special Services (Not-To-Exceed) $ 36,100.00 City of Wylie—Consultant Services Agreement Page 32 459432.v2 C. Direct Expenses. Description of Direct Expenses for the Tasks described are included in the Basic Service Fees listed above. a. Mileage Reimbursement. $ 0,000.00 b. Commercial Reproduction. $ 0,000.00 c. In-House Reproduction. $ 0,000.00 d. Commercial Plotting. $ 0,000.00 e. In-House Plotting. $ 0,000.00 f. Communications. $ 0,000.00 g. Postage, Mail, and Delivery Service. $ 0,000.00 Total Direct Expenses (Not-To-Exceed) $ 0,000.00 I. General and/or Administrative Markup. (If this Section is Applicable to Contract) a. Description of Markup. $ 0,000.00 b. Total Approved Markup (Not-To-Exceed) $ 0,000.00 J. Travel and/or Subsistence Expenses. (If this Section is Applicable to Contract) 1. Description of Travel Expenses. $ 00,000.00 2. Description of Subsistence Expenses. $ 0,000.00 3. Total Approved Travel and Subsistence Expenses $ 00,000.00 (Not-To-Exceed) F. Project Budget, Grand Total(Not-To-Exceed) $ 365,600.00 City of Wylie—Consultant Services Agreement Page 33 459432.v2 EXHIBIT "C" CITY OF WYLIE METHODOLOGY FOR SURVEYING AND BENCHMARKING City of Wylie—Consultant Services Agreement Page 34 459432.v 1 EXHIBIT "D" CITY OF WYLIE GUIDELINES FOR COMPUTER AIDED DRAFTING AND DESIGN (CADD) City of Wylie—Consultant Services Agreement Page 35 459432.vl EXHIBIT "E" CITY OF WYLIE GUIDELINES FOR DIRECT EXPENSES; GENERAL AND ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES I. CONSULTANT'S RESPONSIBILITY. The Consultant shall be solely responsible for the auditing of all direct expense, approved markup (general and/or administrative), and approved travel and/or subsistence charges, including those to be included under a sub-contract, prior to the City for reimbursement, and Consultant shall be responsible for the accuracy thereof. Any overpayment by the City for errors in submittals for reimbursement may be deducted from the Consultant's subsequent payments) for services; however, this shall not be the City's sole and exclusive remedy for said overpayment. II. GUIDELINES FOR DIRECT EXPENSES. A. Local Transportation — Transportation in connection with the Project, when such transportation is not a function of routine performance of the duties of the Consultant in connection with the Project, and when such transportation exceeds beyond fifty (50) miles from the Project site, shall be reimbursed at a standard mileage rate consistent with that as issued, and periodically revised, by the United States Internal Revenue Service (IRS). Under no circumstances shall City reimburse Consultant at a higher standard mileage rate or pay additional markup on charges for local transportation. Completion of City's Standard Mileage Log is required for submittal of these charges for reimbursement, including justification for each submitted expense. Under no circumstances are charges associated with rental cars for local transportation eligible for reimbursement by City. Toll road subscriptions or toll plaza receipts are not reimbursable. Consultant agrees to place these standards in all subcontracts for work on the Project. B. Supplies, Material, Equipment — City shall reimburse the actual cost of other similar direct Project-related expenses, which are duly presented in advance and approved by City's Project Manager in writing. C. Commercial Reproduction — City shall reimburse the actual cost of reproductions, specifically limited to progress prints prepared for presentation to City at each phase of progress, and final Construction Documents prepared for distribution at bidding phase, provided that the Consultant has duly obtained at least three (3) quotations from commercial firms and has chosen the best value for the City. Consultant shall provide such documentation to City for review prior to submitting these expenses for reimbursement. Consultant agrees to place these standards in all subcontracts for work on the Project. D. In-House Reproduction - Consultant shall make arrangements with the City for prior approval of in-house reproduction rates prior to submitting these expenses for reimbursement. City shall provide Consultant with a standard format for documenting these charges. Completion of the City's reproduction log is required as a prerequisite for payment, including the number or reproductions, City of Wylie—Consultant Services Agreement Page 36 459432.v I the date, time, description, the approved standard rate, and a justification for each submitted expense for reimbursement. Consultant agrees to place these standards in all subcontracts for work on the Project. E. Commercial Plotting — City shall reimburse the actual cost of plots, specifically limited to final documents, provided the Consultant has duly obtained at least three (3) quotations from commercial firms and has chosen the best value for the City. Consultant shall provide such documentation to City for review prior to submitting these expenses for reimbursement. Consultant agrees to place these standards in all subcontracts for work on the Project. F. In-House Plotting — Consultant shall make arrangements with City for prior written approval of in-house plotting rates prior to submitting these charges for reimbursement. City shall provide Consultant with a standard format for documenting these charges. Completion of the City's reproduction log is required as a prerequisite for payment, including the number of plots, the date, time, description, the approved standard rate, and a justification for each submitted charge for reimbursement. G. Communications — Reimbursement for expenses relating to electronic communications shall be limited to long-distance telephone or fax toll charges specifically required in the discharge of professional responsibilities related to the Project. Telephone service charges including office or cellular phones, WATTS, or Metro line services or similar charges are not reimbursable. H. Postage, Mail, and Delivery Service — City shall reimburse the actual cost of postage and delivery of Instruments of Service, provided the Consultant duly considers all circumstances (including available time for assured delivery) of the required delivery and selects the best value for the City, which may require comparison of delivery costs offered by three (3) or more sources or methods of delivery, which at a minimum shall include U.S. Mail. Courier service is acceptable only in circumstances requiring deadline-sensitive deliveries and not for the convenience of the Consultant and/or the Consultant's employees. Consultant agrees to place these standards in all subcontracts for work on the Project. I. Meals and Other Related Charges — Meals or any other related expenses are not reimbursable unless incurred outside a fifty (50) mile radius of the Project, and then only reimbursable for the actual cost subject to compliance with the City's currently adopted policy. Non-allowable costs include, but are not limited to, charges for entertainment, alcoholic beverages, and gratuities. City of Wylie—Consultant Services Agreement Page 37 459432.v2 III. GUIDELINES FOR GENERAL AND ADMINISTRATIVE MARKUP. 1. Requirement of Prior Approval — Consultant may be allowed to charge a General and/or Administrative Markup on work completed if Consultant can clearly define to City specifically what costs are included in the markup calculation. To apply General and/or Administrative Markup, Consultant must also document to City what costs would be considered direct costs. City shall issue approval in writing to allow Consultant to charge General and/or Administrative Markup. City reserves the right to reject any and all requests for General and/or Administrative Markup. IV. GUIDELINES FOR TRAVEL AND SUBSISTENCE EXPENSES. 1. Requirement of Prior Approval — City shall reimburse the actual cost of travel and/or subsistence expenses upon prior written approval by the City's Project Manager. 2. Adherence to Currently Adopted City Travel Policy — Reimbursements shall be governed by the same travel policies provided for City employees according to current adopted policy. Prior to the event, Consultant shall request, and the City's Project Manager shall provide the provisions and the restrictions that apply to out-of-town reimbursements. City of Wylie—Consultant Services Agreement Page 38 459432.v2 EXHIBIT "F" CITY OF WYLIE CONTRACTOR INSURANCE GUIDELINES I. Requirement of Insurance— A. Such policy shall name the City, its officers, agents, representatives, and employees as additional insured as to all applicable coverage with the exception of workers compensation insurance. A. Such policy shall require the provision of written notice to City at least thirty (30) days prior to cancellation, non-renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. B. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of the insurance. II. Insurance Company Qualification — All insurance companies providing the required insurance shall be authorized to transact business in the State of Texas, and shall have a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s). III. Certificate of Insurance — A Certificate of Insurance evidencing the required insurance shall be submitted with the contractor's bid or response to proposal. If the contract is renewed or extended by the City a Certificate of Insurance shall also be provided to the City prior to the date the contract is renewed or extended. City of Wylie—Consultant Services Agreement Page 39 459432.v I IV. Insurance Checklist — "X" means that the following coverage is required for this Agreement. Coverage Required Limits X 1. Worker's Compensation & • Statutory Limits of the State of Employer's Liability Texas 2. General Liability • Minimum $ 1,000,000.00 each occurrence; 3. XCU Coverage • Minimum $ 1,000,000.00 per occurrence; • Minimum $ 2,000,000.00 aggregate. X 4. Professional Liability • Minimum $ 1,000,000.00 each occurrence; • Minimum $ 2,000,000.00 in the aggregate. X 5. Umbrella Coverage or • An amount of$ 2,000,000.00. Excess Liability Coverage 6. City named as additional insured on General Liability Policy. This coverage is primary to all other coverage the City may possess. X 7. City provided with Waiver of Subrogation on Worker's Compensation Insurance. X 8. Thirty (30) days notice of cancellation, non-renewal, or material change required. The words "endeavor to" and "but failure" (to end of sentence) are to be eliminated from the Notice of Cancellation provision on standard ACORD certificates. X 9. Insurance company has a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s). X 10. The Policy and Certificate of Insurance both must state the project title and bid number. 11. Other Insurance Requirements (State Below): City of Wylie—Consultant Services Agreement Page 40 459432.v2 EXHIBIT "G" AFFIDAVIT THE STATE OF TEXAS § THE COUNTY OF C1 Xi-in) § I, 0440 ,• Pe tILt;'Y , a member of the Consultant team, make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have the following interest in a business entity that would be affected by the work or decision on the Project (Check all that apply): Ownership of 10% or more of the voting shares of the business entity. Ownership of Twenty Five Thousand and 00/100 Dollars ($25,000.00) or more of the fair market value of the business entity. Funds received from the business entity exceed ten percent (10%) of my income for the previous year. Real property is involved, and I have an equitable or legal ownership with a fair market value of at least Twenty Five Thousand and 00/100 Dollars ($25,000.00). A relative of mine has substantial interest in the business entity or property that would be affected by my business decision of the public body of which I am a member. Other: None of the Above. Upon filing this affidavit with the City of Wylie, Texas, I further affirm that no relative of mine, in the first degree by consanguinity or affinity, as defined in Chapter 573 of the Texas Government Code, is a member of a public body which took action on the agreement. r6, Signed this 5 day of A , 2009. Signatuef Official /Title BURE E, the n ersigned authority, this day personally appeared Yerlalet., and on oath stated that the facts hereinabove stated are true to the best c#iis / her knowledge or belief. Sworn to and subscribed before me on this 544—day of •�.C. L. 2009. MARY E BOWDEN Notary P is in and for theItateff Texas Y Notary Public,State of Texas My comet sion expires: 3 /� oi D.- My Commission Expires 03-19-2012 Ci • . • , . • •- ent Page 41 459432.v1 EXHIBIT "H" CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE ONLY Government Code by a person doing business with the governmental entity. Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense if the person violates Section '176.006, Local Government Code An offense under this section is a Class C misdemeanor. ,J Name of person doing business with local governmental entity. +� RLk 61,9:.0ee_rti J J I I Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a),Local Government Code,is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate) Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. Ui✓e 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. C,1 i.'2=Ca City of Wylie—Consultant Services Agreement Page 42 459432.v2 EXHIBIT "H" CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5I Name of local government officer with whom filer has affilitation or business relationship. (Complete this section only lithe answer to A,B,or C is YES.) This section, item 5 including subparts A, B. C &D, must be completed for each officer with whom the tiler has affiliation or business relationship. Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the tiler of the questionnaire? nYes X No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? nYes X No C Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes X No D. Describe each affiliation or business relationship. 1' Describe any other affiliation or business relationship that might cause a conflict of interest. NvrUc A.,.7, 3k%j Signature f pe on doing business with the governmental entity Date City of Wylie—Consultant Services Agreement Page 43 459432.v2 NI NgAilliv 6136 Frisco Square Blvd.,Suite 325-Frisco,Texas 75034 11111111111116 Ph: (214)619-1733 Fax, (214)619-1833 Ill West Main Street-Allen,Texas 75013 Ph: (972)359-1733 Fax: (972)359-1833 EXHIBIT I Pre-Design Opinion of Cost- Ballard Avenue Improvements Date: February 28,2008 Client: City of Wylie Project: Ballard Ave Improvements 2000 SH 78 North Engr.Project#: 09001F Wylie, Texas 75098 Project Manager: Chad A.Pendley, P.E. Contact: Chris Hoisted,P.E. Project Desc: Paving&Drainage Improvements Item# Item Description Unit Est Cost/Unit Qty Total Item Cost Earthwork&Paving P1 Preparation of Right of Way STA $ 2,000.00 58 $ 116,000.00 P2 Unclassified Roadway Excavation CY $ 8.00 17500 $ 140,000.00 P3 Channel Excavation CY $ 8.00 6500 $ 52,000.00 P4 Embankment(Density Control) CY $ 6.00 13500 $ 81,000.00 P5 Lime Treated Subgrade(6") SY $ 1.75 42000 $ 73,500.00 P6 Lime(Est.38#/SY) TON $ 115.00 861 $ 99,015.00 P7 Asphalt Paving(2"Surf/8"Base) SY $ 32.00 850 $ 27,200.00 P8 8"Reinforced Concrete Paving SY $ 29.50 38500 $ 1,135,750.00 P9 6"Monolithic Curb LF $ 1.25 22500 $ 28,125.00 P10 Concrete Street Header LF $ 25.00 250 $ 6,250.00 P11 Barrier Free Ramps EA $ 850.00 10 $ 8,500.00 P12 Sidewalk SY $ 28.00 5200 $ 145,600.00 P13 Livestock Fence LF $ 5.00 4800 $ 24,000.00 P14 Fence Gate-TxDOT Type"1" EA $ 500.00 4 $ 2,000.00 P15 Residential Fence LF $ 12.00 2400 $ 28,800.00 Total Earthwork&Paving $ 1,967,740.00 Storm Drainage D1 21"RCP LF $ 42.00 1320 $ 55,440.00 D2 24"RCP LF $ 48.00 500 $ 24,000.00 03 36"RCP LF $ 85.00 720 $ 61,200.00 D4 42"RCP LF $ 110.00 850 $ 93,500.00 D5 48"RCP LF $ 125.00 680 $ 85,000.00 D6 54"RCP LF $ 150.00 460 $ 69,000.00 D7 60"RCP LF $ 195.00 550 $ 107,250.00 D8 72"RCP LF $ 250.00 1700 $ 425,000.00 D9 8'x6'RCB LF $ 325.00 200 $ 65,000.00 D10 Recessed Curb Inlet EA $ 2,500.00 26 $ 65,000.00 D11 Type Y Inlet EA $ 3,000.00 8 $ 24,000.00 D12 Storm Manhole EA $ 4,750.00 8 $ 38,000.00 D13 Flared Wingwalls-48"CH-FW-0 EA $ 3,750.00 2 $ 7,500.00 D14 Flared Wingwalls-8'x6'FW-0 EA $ 9,500.00 1 $ 9,500.00 D16 Stone Riprap(TxDOT Common Grouted) SY $ 75.00 200 $ 15,000.00 D21 Storm Trench Excavation Protection LF $ 1.00 6800 $ 6,800.00 Total Storm Drainage $ 1,151,190.00 Traffic Control&Illumination T1 Sign&Sign Post Assembly EA $ 345.00 30 $ 10,350.00 T2 Relf Pay. Marker(CI B,Ty II-C-R) EA $ 3.25 700 $ 2,275.00 T3 Traffic Button(CI C,Ty W) EA $ 2.25 1600 $ 3,600.00 T4 24"White Solid PM LF $ 8.00 100 $ 800.00 T5 Reflective Payment Marker EA $ 200.00 12 $ 2,400.00 T6 MBGF LF $ 25.00 250 $ 6,250.00 T7 SGT EA $ 2,500.00 2 $ 5,000.00 T8 Barrel Mounted Guardrail LF $ 40.00 250 $ 10,000.00 T9 Work Zone Traffic Control LS $ 40,000.00 1 $ 40,000.00 T10 Illumination Foundation(Type A) EA $ 800.00 32 $ 25,600.00 T11 Illumination Pole&Assembly(Dual Arm) EA $ 3,500.00 32 $ 112,000.00 T12 Illumination Conductor LF $ 5.00 5800 $ 29,000.00 T13 Type"A"Pullbox(Illumination) EA $ 110.00 12 $ 1,320.00 T14 Electrical Connection EA $ 5,000.00 3 $ 15,000.00 T15 PVC Sch.40 Conduit(2")(w/ps)(Illumination) LF $ 4.00 5800 $ 23,200.00 Total Traffic Control $ 286,795.00 Erosion Control&Landscaping L1 Silt Fence(Install/Maintain/Remove) LF $ 1.50 11600 $ 17,400.00 L2 Inlet Protection EA $ 150.00 34 $ 5,100.00 L3 Filter Dam LF $ 75.00 100 $ 7,500.00 L4 Construction Exit EA $ 2,000.00 2 $ 4,000.00 L5 Topsoil(4") CY $ 5.00 5200 $ 26,000.00 L6 Hydromulch SY $ 0.80 65000 $ 52,000.00 L7 Block Sod(Bermuda) SY $ 3.25 7800 $ 25,350.00 L8 Irrigation System LF $ 31.00 5800 $ 179,800.00 L9 Storm Water Pollution Prevention Plan LS $ 5,000.00 1 $ 5,000.00 Total Erosion Control&Landscaping $ 322,150.00 Project Sub-Total $ 3,727,875.00 Ballard Avenue Improvements Cost Summary Base Project Sub-Total $ 3,727,875.00 Project Contingency(10%) $ 372,787.50 Base Construction Total $ 4,100,662.50 Engineering Design $ 297,250.00 Geotechnical $ 11,100.00 Surveying for Design $ 32,250.00 ROW/Esmt Docs&Staking (Est Base Construction 25 Tracts @$1000 Ea) $ 25,000.00 Cost/Linear Foot $ 707.01 Base Professional Service Fees $ 365,600.00 Base Project Total $ 4,466,262.50 This preliminary opinion of construction cost has been prepared based upon limited existing information available and is subject to change upon design completion. This opinion of construction cost was prepared by Chad A. Pendley,P.E.,Project Manager,on February 4,2009. BALLARD AVENUE IMPROVEMENTS EXHIBIT J (Estimated Schedule) 01'09 02 09 03 09 04'09 07 10 102'10 03'10 04'10 1 01 71 02'11 03'11 04'1 ID 0 Task Name 1, Duration Start Finish Jan Feb Mar Apr i May Jun Jul Aug Sep Oct i Nov Dec Jan Feb Mari Apr May Jun I Jul Aug Sep Oct'Nov Dec Jan Feb Mar Apr May i Jun i Jul Aug Sep Oct • 1 Design Contracts 30 days Wed 214/09 Tue 3/17/09 2 Contract Preparation/Review 18 days Wed 2/4/09 Fn 2/27/09 I I 3 0 Council Award(Est) 1 day Tue 3/17/09 Tue 3/17/09 b 4 5 ' Preliminary Engineering Phase 127 days Thu 4/2/09 Fri 9/25/09 . 6 1 a Pre-Design Conference/NTP 1 day Thu 4/2/09 Thu 412/09 7 1 Data Collection 11 days Fri 4/3/09 Fri 4/17/09' 8Zi3 Field Survey for Design 25 days Mon 4/6/09 Fri 5/8/09 ' 9 Preliminary Engineering Design 30% 20 days Mon 5/11/09 Fri 6/5/09 1 30%Cd1 Des Submittal lays Mon 6/8/09 Mon/26/09 11 • City of Wylie Review(30%) 14 days Tue 6/9/09 Fri 6/26/09 12 Preliminary Engineering Design 65% 45 days Mon 6/29/09 Fri 8/28/09 13 65%Design Submittal/ROW Docs 1 day Mon 8/31/09 Mon 8/31/09 • 14 Cily of Wylie Review(65%) 19 days Tue 9/1/09 Fri 9/25l09 • i. 15IM 16 Final Engineering Phase 134 days Tue 9/1/09 Fri 3/5/10 17 Final Engineering Design 30 days Mon 9/28/09 Fri 11/6/09 IIIIIII. 18 a Project Manual 5 days Mon 11/2/09 Fri 11/6/09 19 90%Design Submittal 1 day Mon 11/9/09 Mon 11/9/09 20 1 City of Wylie Review(90%) 19 days Tue 11/10/09 Fri 12/4/09 21 1 100%Design Submittal 21 days Mon 12/7/09 Mon 1/4/10: -, 22 Final Review 14 days Tue 1/5/10 Fri 1/22/10: III 1 23 Franchise Utilly/ROW Acquisitions 130 days Tue 9/1/09 Mon 3/1/10 • 24 Final Submittal 4 days Tue 3/2/10 Fri 3/5/10 I 25 26 Bid Phase Services 67 days Mon 3/8/10 Tue 5/25/10 27 Final Printing 5 days Mon 3/8/10 Fri 3/12/10 I] 28 a Advertisement 19 days Fri 3/12/10 Wed 4/7/10 • �}1 29 � Pre-Bid Conference 1 day Tue 3/30/10 Tue 3/30/10 I"y 30 Bid Opening 1 day Thu 4/8110 Thu 4/8/10 31 Bid Evaluations 2 days Fri 4/9/10 Mon 4/12/10 32 n Council Award 1 day Tue 4/27/10 Tue 4/27/10 33 Contract Documents 20 days Wed 4l28/10 Tue 5125/10 I • 344 . 35 Construction Administration 353 days Wed 5/26/10 Fri 9/30/11 1 36 Pre-Construction Conference 1 day Wed 5/26/10 Wed 5/26/10 I 37 0 Construction 330 days Mon 6/7/10 Fri 9/9/11 I 38 Record Drawings 15 days Mon 9/12/11 Fri 9/30/11 Project Schedule Task I I Progress Summary ^ �External Tasks J Deadline \' Date:Thu 3/5/09 Split Milestone . Project Summary External Milestone Viz. Page 1 R G DATE(MM/DD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE LKENl 03/05/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Chapman—Cornelius Ins Srvs Inc HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 200308 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Arlington TX 76006-0308 Phone: 817-633-4696 Fax:817-543-0595 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Lloyds Ins Co INSURER B. Underwriters @ Loyds London RLK Engineering, Inc. INSURER C: Hartford Underwriters Ins Co 111 W. Main Street INSURERD: Allen TX 75013 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSK AUD'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRC TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY EACH OCCURRENCE $ 1000000 UAMAUt IU KtNItU A X COMMERCIAL GENERAL LIABILITY 46SBARL2732 09/17/08 09/17/09 PREMISEs(Eaoccurence) $ 300000 CLAIMS MADE X 1 OCCUR MED EXP(Any one person) $ 10000 PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2000000 POLICY PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY , NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $2000000 A X OCCUR CLAIMSMADE 46SBARL2732 09/17/08 09/17/09 AGGREGATE $2000000 DEDUCTIBLE $ X RETENTION $ $ WC,SIAIU- OIH- WORKERS COMPENSATION AND TORY LIMITS ER C EMPLOYERS'LIABILITY 46WECPI9837 09/17/08 ' 09/17/09 E.L.EACH ACCIDENT $ 1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ 1000000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1000000 OTHER A Property Section 46SBARL2732 09/17/08 09/17/09 Limit 2,000,000 B Professional Liab PRLK00106 05/20/08 05/20/09 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Wylie, its officers, agents, representatives and employees are shown as Additional Insured on all policies, except Work Comp, if required by written insured contract. A waiver of Subrogation is included. CERTIFICATE HOLDER CANCELLATION CI TYWY 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Wylie IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR City Manager 2000 Highway 78N REPRESENTATIVES. Wylie TX 75098 A RIZEDREPRESCIgT/;fIVE ACORD 25(2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) 4,-_-_, Engineering Department 825 N. McDonald Street COLLIN COLLIN COUNTY Suite160 IP McKinney, Texas 75069 972-548-3733 www.collincountytx.gov November 25, 2008 City of Wylie Attn: Gayle Walton Office of the City Secretary 2000 Highway 78 North Wylie,TX 75098 Dear Ms.Walton: Enclosed you will find your signed copy of the Inter-local Agreements for the 2007 Bond project 07-098,CR819 (Ballard Ave)from Alanis Road to County Line Road- 2008 Funding.This project is a Collin County Bond project but will be managed by the City of Wylie.This ILA was approved by the Collin County Commissioners'Court on ii-18-o8, Court Order number 2008-1050-11-18. You may request funding for this project once you have satisfied the ILA requirements for funding requests in Article III. Please send payment requests to: Collin County Engineering Department Attn: Linda James 825 N. McDonald St.Suite 16o McKinney,TX 75069 To expedite your request,you may email a copy of the payment request to lrjames@co.collin.tx.us. Please copy me at thomfeld@co.collin.tx.us. Sincerely, Tracy�omfeld, Collin County Engineering Department xc: Ruben E. Delgado, PE Linda James COURT ORDER NO. 2008- l OJO -11-18 THE STATE OF TEXAS COUNTY OF COLLIN Subject: Interlocal Agreement, City of Wylie, Reconstruction of CR 819— Engineering On November 18, 2008, the Commissioners Court of Collin County, Texas, met in special session with the following members present and participating, to wit: Keith Self County Judge, Presiding Phyllis Cole Commissioner, Precinct 1 Jerry Hoagland Commissioner, Precinct 2 Joe Jaynes Commissioner, Precinct 3 Kathy Ward Commissioner, Precinct 4 During such session the court considered approval of an Interlocal agreement with the City of Wylie. Thereupon, a motion was made, seconded and carried with a majority vote of the court for approval an Interlocal Agreement with the City of Wylie for the reconstruction of CR 819 (Ballard Avenue) from Alanis Road to County Line Road (2007 Bond Project No. 07-098) and further authorize the County Judge to finalize and execute same. County 2008 participation NTE $540,000. Same is hereby approved as per the attached documentation. 4./ Keith Se , i AIAL Or • * y s 47:1 ss o , •ct. 1 0,0 " ' .°' Jerry H S�'yia •, . , as oner, Pct.2 • • Joe Ja . ' .± • r, 3 ATTEST: 1111MA I 44, 4 Kathy Ward, o •miss oner, ct. 4 imp, : . Commissioners'C• Collin County, TEXAS T:bhepherdgett Wad Oata\Court 20081COURT OROERS111.18-08 Court\Signed Court Orders129321-Co&W ytle-Reconstruction of CR 819 1118.doc INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE FOR THE CONSTRUCTION OF BALLARD AVENUE FROM ALANIS DRIVE TO THE COUNTY LINE, BOND PROJECT#07-098 (CR819) (2008 FUNDING) WHEREAS, the County of Collin, Texas ("County") and the City of Wylie, Texas ("City") desire to enter into an agreement concerning the construction of Ballard Avenue and other improvements from Alanis Drive to the County Line in Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this Agreement. NOW, THEREFORE, this Agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein, the receipt and sufficiency of which is hereby acknowledged. WITNESSETH: ARTICLE I. The City shall arrange to construct improvements to Ballard Avenue, hereinafter called (the "Project"). The Project shall consist of constructing a 4-lane divided concrete roadway, a distance of approximately 6,300 feet. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. The City shall acquire all necessary right-of-way for the Project. The City shall prepare plans and specifications for the improvements, accept bids and award a contract to construct the improvements and administer the construction contract. In all such activities, the City shall comply with all state statutory requirements. The City shall provide the County with a copy of the executed construction contract(s) for the Project. ARTICLE III. The City estimates the total actual cost of the Project to be $5,400,000, which shall include land acquisition, engineering, construction, inspection, testing, street Page 1 lighting, and construction administration costs including contingencies. The total amount of Funds remitted by the County during 2008 shall not exceed $540,000. The Payment Schedule is as follows: (a) Within thirty (30) days after the City (1) executes a Professional Service Agreement for the design of the Project and (2) requests payment from the County, the County shall remit a portion of the Funds to the City to cover those engineering costs required under the Professional Service Agreement. (b) Within thirty (30) days after all of the following have occurred, the County shall remit to the City fifty percent (50%) of the remaining Funds not already disbursed for engineering costs under(a). (1) the City issues a notice to the lowest responsible bidder to start construction of the Project; (2) the City requests payment from the County; and (3) County bond money is available. (c) Within thirty (30) days after the City issues a notice that the Project is fifty percent (50%) complete and requests payment from the County, the County shall remit the remaining Funds not already disbursed under this Agreement. (d) At the completion of the Project, the City shall provide a final accounting of expenditures for the Project. (e) The Commissioners Court may revise this payment schedule based on the progress of the Project. ARTICLE IV. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty (30) days until Project completion. ARTICLE V. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. Page 2 ARTICLE VI. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER(AND ITS OFFICERS,AGENTS,AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. ARTICLE VII. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE VIII. SEVERABILITY. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE IX. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. This Agreement supersedes all prior negotiations, representations and/or agreements, either written or oral. ARTICLE X. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. Page 3 ARTICLE XL IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other that those set forth herein, and this Agreement hall not create any rights in parties not signatories hereto. ARTICLE XII. TERM. This Agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This Agreement shall automatically renew annually during this period. APPROVED AS TO FORM: COU?1T i' GOLLK TEXAS ; By: By: Name: Name: Title: Title: County Judge Date: Date: I % Executed on this ji , day of Ntsve,CjoeT 200 , by the County of Collin, pursuant to Commissioners' Court ```y 0,1111 l Udpl ' Order No., f -f c 5t. -t I . F t•�, ATTEST: �-- `'° :CITY OF WYLI ,T XAS Name: Carole Ehr ch Name: indy i4 ison Title: City Secretary �'� ��iiiiiiii� �� Date: Ci na r Date: -/2-!�� ''ii,,'E, TE`��.t` (� , Executed on beha f of the City of Wylie pursuant to City Council Resolution No. 2008-32(R) APPROVED AS TO FORM: By: Name: C4#,e Title: City Attorney Date: Vt`/pe' Page 4 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 10, 2009 Item Number: Work Session Department: (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: February 20, 2009 Budgeted Amount: Exhibits: Presentation Subject Presentation, discussion and input of the Final Concept Plan of the Founder's Park Improvement Project. Recommendation Discussion On December 12, 2006, the City Council approved a contract with Halff Associates, Inc. for the design of the Founders Park Improvements project, a$5.47 million dollar project approved by voters in 2005. To assure that the public and City Council had ample opportunity to contribute input to the design process, the Scope of Services included two Stakeholder meetings, two public input workshops with the Park Board, one Council Work Session, and one Council Meeting. Numerous other meetings have been held with the Park Board and City staff over the past two years as all parties explored multiple design options and sought ways to best implement $400,000 in additional project funding received from Collin County in the form of a grant. Currently, the design process is 95% complete, and the Park Board is in agreement on their final input to the park's design. The purpose of this work session is to summarize the current status of the design work and to solicit any additional Council input prior to completion of the construction drawings and bidding the project. Approved By Initial Date Department Director MS 2/20/09 City Managerj4 Page 1 of 1 City of Wylie Founders Nark aa ratter^ City Council Meeting �;; HALFF Add Alternate Items • . .. . ... 4 , . ' ---.--1 • re -i,---, a _ . . .ii11Fr.- ‘11-7,-,- -• — --,--71 ,. 4- •,,,,,,i,-tt.: , . . • -.•—• -•---- •_, -y, - ,-- ;------,.=,---,7..li..y , . o • , Ie.., .. _ I I. . ' -,,-- \ -. --.0...____ ----.1---Z---_____f ,, \.. \ . -6''.:, /'A9:6', .7 • 711 L 1_ ----1- - _ - ---_ , •,.. ---:-...-_ . , ' 1 NWSIIDE a , 1 . 2c''),• i1I r 43 TRALEXPAON ' . a 0, . d 0. 4 MIr•—• .''It& I II I ___ A .k ItiW. „,:f. ?Illt, - 1 ol:1 1 '11 ' ' #A 5 t. C_7__.' -s....I 1 ,• . CIT1 1---1 0—- . • • 1 ri i. I . I ; 1 1 , 1 i .' #5-10'WIDE " ' TRAIL EXPANSION L. Add Alternate Cost FOUNDERS PARK Add Alternate Items Concept A Concept B Alt 1 - Sod Baseball Fields 16,413 16,413 Alt 2 - Sod north Soccer Fields only* 46,400 46,400 Alt 3 - Playground Pavillion upgrade 64,000 60,000 Alt 4 - Shade Structures for Ball Fields 84,000 84,000 Alt 5 - 10' Outer Trail Expansion 107,250 107,250 Alt 6 - 8' Center Trail Expansion 42,000 42,000 TOTAL 360,063 356,063 Adjusted Fee for Engineering 32,000 32,000 *Hydromulch only at South Soccer fields a �terntive Pavilion aygoun _ - - __-- r Pay 2 44' ReGtangula 4 X _-- illon CQnce t A� 1%114\ 5-,L IV Playground litt .**41 03 III 0.41V lip e'#,....",,,e,ria A _ .1 II _ ilb,, ,,ijoir.„,6 de Ai s.._., fp- „. Sit etrifirif 01, yi , i,Q56 S•F i 1 to /'i Nord ew �� 4- cra S►de{na► Design i I • s{4 • j 111) � a Ids BaSegall Pie PlaygroundPavilion Alternatives •, i-'i,,.:,-,„-;y.,' .. t:: : ...;; // , ,,,,, . • . _ ,, /2",,,. ..-_, . - : y,,,, .,., •,... , .• .••, ‘ . -,...„.2..„9„. ,-,- . .. . „, ,...\\ .. ,.:....„.. . ,.„ .. .. , \ , ,,,,„„ .- , - , ,.._ .._.... ,, , - - ••• ...-- , - •,.. . . _ \ ` ' ti4 N • �4-- - . r , 1 v $ . ` Ate, Sew' F� a ;,/ • :ill : .M tn -�� _ _ow _ EN `"-- ii i 311 'c .Y. —it sl �. to i •..i1". '... •. .I�, ..- ,a .a aR iti 'q4t� `- , ; Y$'l 't..6•gY,,�:L.. +.0'1W' � w4f,AW4.'. 'X. ed�a� . i. }u° +�SFF T:� li. t. t�,'.::A'tafYM.M.± ..ti.N'� .yaork a�Jr. Playground P ilion Alterniatves av _.__ _ . a .^J w n rr i M ` _ _ _ .'_`1. `y rip ` fir" ‘yw { aC e K ` 1 Playground Pavilion Alternatives .., ... V k 4. z.. ... !. .:.,.?4 . . .. , , , •.0•11 'St. 4412. • 0 • . 'ft-- ^ ' — ' ,- s -• _,, . . " ,,,, ,..„ AP ' "flir: 4 C ' , ..... . , .: • . . • sl. . • O.' It. ' :*.1, 1.• .• " • ' . :1 :,' s - AI. •,...if0 % it" , '..*ii;.A., ..... . , ,, '‘.' j‘ 41 • ' . ' ''• *"-Atr '' ''s• . ,.- - 1 , N.,4111§6. - N\10144,..... ' .-br .-- .,C • . ' . .4 :'e.'... " -1,:lellir . 'A fil.1:4' : .. . ,.., . . Ni... t. .._..., -,- , _ -,.,..,,, :•. _=...,' —,,,,,..•.. - •." ' ... ...' Playgroundi i n Alternatives loPav Concept B: 40' DIA. Hexagonal Pavilion l \I r--N s, ...( Playground Illta*/ ' ,_.___ * c h v 1,039 S.F:Pavilion 6,j . 1 At,1 Sidewalk Additional to Original Design N.4411K40 a.16-40,...aidr si 40 • V4 II I I I lb 04 I I • O li 0.‘1011 ' sicafirt' �� ) � . / �, Baseball Fields mir North Playground Pavilion Alternatives „,, .. ... ,Pk. - - •• ,..3.,".4. ••-• • • • • , . ji li. •i.1,-•- .. . ,.. .. ,At e•N., •- .fir....-4/•&e......s t.;... ' • • .- ;• , 4rc --- 110P-A6'.:;'-'4‘ ' --.4;t• A .. -.11114".•4. Jr • it,r • •A. ' 4i . . litr, * I(tikir-1111r 4; a l'••••1 * 45E0;••.- If:: • .4 , ,,,,e...1,-,:..• ,.•T . . .4 ,..„341, • . , . •• •‘• I ...• • • ''' ....)*( • • - 7••• •• 140,1., • , • •••• t ,•• s• '4'41 ' l'. k : IAil • .", lk 4 - z p••''. $ 1 .1. , • .,. c., ,1 ..: "44 0,.. i,es...y."4.ar:........ :,:fifik.,. 4.. ailirN. •14.116 1• .4:4.:'...14i' 40K .., . '',..i ,,,e;,,,e,1, 4: N:), . ... i' '..k .. • S ‘`,..,. : ... .`•",t' ";-..,41: .,...0,v 2 ,,Ndir,... ut.,;-•,,P .'-‘,„, ,11 ., .i •:-. ••1!.,1-.49 ''''. ' " - •-• 0 / k, -.. •. :. ..:Y. • . 'an- ik-% - oil':. fl - . .. , • ,, •- PI:1 '- •1 ta-'4. • ..,' .. -. ,,, .4titi-. , :..1*-,,s,.. •' ;* •4,IP ' As, -, zr ill , X. 12* ,- •.,.;'..4,i,..--.-_ , -,...4.4.1r.i.-3. -.-1 .,_. • . _ . ..• ,,.. .F., 4 I' -t / ;) litt. .4,4" ...`.•7.-:-.41 '''`"." I •=itSti'.'A • "teskilik..., / ,r, $ `4.4.'' l's '' t• • . .,, -• ' I•I' ... . - ,/, , ..• I/, • .' -- -. , -/A. ,, / ' , • ••, /ie- a; ...- '.1 f% 1.-- , ,.. '...a•'''t'- ;x., .6,, ', ".t. ,;, A ., , •,.6, 1 4Ila a.7 ..; 1'..'•• ,4i•-.- ' • 4 r j. '*1., 4,`r.1 •rif- ?... I ‘ f a / , 4 ' `,.; 'L.\ 1.1,.. " . , r; . . 0.z,, . ,< '' m:6, t - 1 14,-,-. ..fl , — • -- ... ..,-• -... le ls ... ... ',- -.,;:. ,- --. - w ..• rd• 't ,...,...,y' •• • '• ••;.„‘k, .,,,,,-..i•. Ilk: • • -4,, ,I /0. ,ho. • , 1 0 ,,;•-•,,. ', , '•-• 41* %pit' A‘'\''''''' ' , • 'Ne, • / .. 0 -,.... _ 2 ... , . IlJt4 • '4,-1 ip, . §% '• - t ..)..‘"i.'•.` ---/--- It - ..- - - - ---r•••• iill.1 1m ' Ina., - 111111Ni lir! ' • •ell 14100 OM-''''''"."--"--""'-- -,.•, " .. .'.?"',.4.0,`,-••>,,N.04'.3tiTt-"" , .,. , .,,- ",-..._,-",,._.'L,.0.....t...:. '',44A,.--,-,A.,-0,-.":, • -<-; . . , ..,, - ., •':- ' • ,-- ,:- i ,. -... ,- ,.....„ ,,, , ,, ' 4. . , . • • • , • . . • • -7S a T Co CO