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11-10-2009 (City Council) Agenda Packet Wylie City Council CITY OFWYLIE NOTICE OF MEETING Regular Meeting Agenda November 10, 2009 - 6:00 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 Bennie Jones 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: wwwwvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.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 PRESENTATION • Presentation of the "Star Tree" for the City of Wylie 2009 Reach For A Star Program. (K. England, Streets Crew Leader/Council) • Presentation by the Citizen's Police Academy Alumni Association. (J. Duscio, Police Chief) November 10,2009 Wylie City Council Regular Meeting Agenda Page 2 of 4 • Presentation of the Battle of the Badges Trophy. (J. Duscio, Police Chief/R. Corbin, Fire Chief) • Presentation to Friends of Wylie Fire Rescue. (M. Hogue, Mayor/R. Corbin, Fire Chief. 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 of the October 27, 2009 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a Preliminary Plat for WISD elementary School No. 10, Block A, Lot 1 on 11.04 gross acres, generally located west FM 544 and north of Elm Drive extension. (R. 011ie, Planning Director) C. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2009. (S. Satterwhite, Executive Director, WEDC) REGULAR AGENDA General Business 1. Consider, and act upon, Ordinance No. 2009-35 authorizing the annexation of a 0.189 mile segment of County Line Road between the Collin County Line and the Rockwall County Line and a 0.284 mile segment between Elm Grove Road and Wells Road. (R. 011ie, Planning Director) Executive Summary This annexation is at the request of Dallas County and defined as orphan roads. Orphan Roads are all or part of a street or road-right-of-way which is outside the incorporated limits of a municipality (or municipalities) and the incorporated area of the municipality (or municipalities) abuts or extends into the right-of-way. These roadway segments have, in effect, been"orphaned"by the abutting city(or cities) that they serve in that they have been left unincorporated. The Dallas County Commissioner's office has since requested that the city consider omitting the 0.284 mile portion of Pleasant Valley Road from the requested annexation. November 10,2009 Wylie City Council Regular Meeting Agenda Page 3 of 4 2. Consider, and act upon, awarding a professional services contract, in the amount of $208,000, to Teague Nall and Perkins, Inc. for the design of Community Park Improvements. (M. Sferra, Public Services Director) Executive Summary On April 28, 2009, the City Council chose Teague Nall and Perkins, Inc. as the design firm for the Community Park Improvement project. Upon Council's selection, City staff began the negotiation process for a contract. As part of the process, City staff and the consultant worked cooperatively to develop a contract for professional services and a preliminary project schedule. The City Attorney participated in developing and reviewing the professional services agreement. To assure that the public and City Council have ample opportunity to contribute ideas to the design process, the Scope of Services includes an initial meeting with stakeholders,athletic associations,City Council,and Park Board. 3. Consider, and act upon, approval of a contract with Geo Marine Incorporated for the completion of Antiquities Permit #5296 for the construction of FM 1378 from FM 544 to Brown Street. (C. Holsted, City Engineer) Executive Summary In 1999 Collin County funded the design of FM 1378 from FM 544 to Brown Street. The roadway was owned by the Texas Department of Transportation (TxDOT) and included some funding through the Federal Highway Administration and during the design process, environmental studies were completed which identified a historically significant site. TxDOT did not have sufficient funding for the construction of the project and as a result the City and County secured funding through the Regional Toll Revenue Funding Initiative. In January 2009 TxDOT released ownership of the roadway to the City of Wylie which accelerates the construction process and results in a lower construction cost. 4. Consider, and act upon, Resolution No. 2009-32(R) casting a vote for a candidate to the Board of Directors of the Dallas Central Appraisal District for a two year term beginning January 1, 2010. (C. Ehrlich, City Secretary) Executive Summary The Property Tax Code requires that the Chief Appraiser conduct an election for the purpose of selecting representatives to the Board of Directors of the Dallas Central Appraisal District every two years. The Dallas Central Appraisal District has a five member Board of Directors; one representing the County (Dallas County Tax Assessor Collector), a representative appointed by the Dallas ISD, a representative appointed by the City of Dallas, a representative elected by the suburban cities (31 cities), and a representative elected by the suburban ISDs (16 ISDs). The cities of DeSoto and Sachse City Council nominated Michael Hurtt as a candidate to the Board of Directors of the Dallas Central Appraisal District. Per the 1979 resolution adopted by the taxing units participating in Dallas Central Appraisal District, Mr. Hurtt is required to receive a majority of the votes in order to be elected to the Board of Directors. 5. Consider, and act upon, Resolution No. 2009-33(R) casting votes for a candidate for the Board of Directors of the Collin Central Appraisal District for a two year term beginning January 1, 2010. (C. Ehrlich, City Secretary) Executive Summary The City of Wylie has 64 votes that they may cast for a candidate to the Board of Directors of the Collin Central Appraisal District for a two year term beginning January 1,2010. The first step of the process was to nominate a candidate which was required by October 15, 2009. The final step is to cast votes for the candidate(s) that were submitted to the Collin Central Appraisal District. The City of Wylie has 64 votes that they may cast for a candidate to the Board of Directors of the Collin Central Appraisal District. 6. Consider, and act upon, authorizing staff to schedule the events and performers for the City of Wylie 2010 Summer Concert Series. (R. Diaz, Recreation Superintendent) November 10,2009 Wylie City Council Regular Meeting Agenda Page 4 of 4 Executive Summary The approved FY 2009-10 City Council budget contains $37,000.00 for the summer concert series. Staff has attached a proposal containing three options for the summer concert series based on budget amounts of $35,000.00, $30,000.00, and $25,000.00. Within these budget options are proposed schedules for the events and budget amounts for each event. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • Review and discussion regarding improvements to Stone Road. (C. Holsted, City Engineer) • Presentation and discussion regarding possible energy efficient and conservation block grant funding projects. (J. Butters, Assistant City Manager) RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.087 Deliberation Regarding Economic Development Negotiations; Closed Meeting • Presentation surrounding Project Phoenix RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. ADJOURNMENT CERTIFICATION 1 certify that this Notice of Meeting was posted on this 3rd day of November, 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: ivww.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 10, 2009 Item Number: Presentation Department: Police (City Secretary's Use Only) Prepared By: Account Code: Date Prepared: 10/29/09 Budgeted Amount: Exhibits: 1 Subject Presentation by the Citizen's Police Academy Alumni Association. Recommendation NA Discussion Due to the changing requirements for reflective gear for the WISD Crossing Guards, the Wylie Citizens Police Academy Alumni Association sponsored a fundraiser to help raise enough money for the Crossing Guards dress. For the first time in Wylie history, the Crossing Guards would have year-round, weatherproof clothing. WISD school children participated by contributing a small amount every day for three weeks. Students brought pennies on Mondays, nickels on Tuesdays, dimes on Wednesday's, quarters on Thursdays and $1.00 on Fridays. The school that raises the most money will get their photo in the The Wylie News along with a Wylie police officer, the Mayor, and the Chief of Police. The fundraiser began on Monday, August 31st and ended on Friday, September 18th. Participating schools and monies collected were: Participating School Amount Collected Birmingham Elementary $ 670.89 Dodd Elementary $ 349.77 Groves Elementary $ 533.50 Harrison Elementary $ 460.74 Hartman Elementary $ 719.17 Total Collected: $2,734.07 The winner of the fundraiser event was Hartman Elementary with a total amount of$719.17 collected. Approved By Initial Date Department Director CH 11/5/09 City Manager f�r} 1/ )� ibC) Page 1 of 1 / —a- , ._ , --,,, Il it' STOP\ (7;1,—._„„ 4,../i ihiiilkoto;41 , ..., .“ _,., ...o.r.,. Sir .A:, . 11, MILIINII"' -11k- \ ...m.... _ ____ (....., b'i'. r /"0,, -/-, ilt �w. I � .sir- ® 11.9 C[Hr 4,0, 9FnA an , 60.4 �e�A A sc7 . cOr 6 all ,*st , e )t. e )i ° CHe bon't let your Guard down! Due to the changing requirements for reflective gear for the WISD Crossing Guards, the Wylie Citizens Police Academy Alumni Association is sponsoring a fundraiser to help raise enough money to dress our Crossing Guards. For the first time in Wylie history, we would like to put our Crossing Guards in year-round, weatherproof clothing. Let's join together to help protect those who protect our most precious possession, our children! Please do your part by contributing a small amount every day for three weeks. WE ARE ASKING EACH STUDENT TO BRING PENNIES ON MONDAYS, NICKELS ON TUESDAYS, DIMES ON WEDNESDAYS, QUARTERS ON THURSDAYS AND $1.00 ON FRIDAYS. We are hoping that if everyone participates, we can make this a reality for our Crossing Guards and keep our children safe this year and for many to come. The school that raises the most money will get their photo in the The Wylie News along with a Wylie police officer, the Mayor, and the Chief of Police. The fundraiser begins on Monday, August 31st and will end Friday, September 18th. GOOD LUCK!!! The mission of the Wylie Citizens Police Academy Alumni Association is to promote and enhance the relationship between the Wylie Police Department and the community through continued law enforcement education and support of the Department's efforts. Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, October 27, 2009 - 6:00 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 6:05 p.m. with the following Wylie City Council members present: Mayor ProTem Red Byboth, Councilwoman Kathy Spillyards, Councilman Rick White, Councilman Bennie Jones, Councilman Goss and Councilman Carter Porter. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Police Chief, John Duscio; Finance Director, Linda Vaughan; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Elizabeth Wiseman, Leader for Den 12, Pack 1049, gave the invocation and Boy Scout Troop 1049 led the Pledge of Allegiance. Boy Scouts present included: Joshua Clark, Luke Hanson, Ethan Lindsey, Brady Mc Bride, Dayton McCauley, Joey Mozzillo, Ryan Still, Connor Sword and Michael Wiseman. Troop leaders present were: Richard Hanson, Vicki Sword and Elizabeth Wiseman. PRESENTATION • Presentation to 1st Six Weeks Star Students — Character Trait of "Responsibility". (E. Hogue, Mayor/Council) Mayor Hogue and Mayor Pro Tem Byboth presented medallions to students demonstrating the character trait of "Responsibility". Each six weeks one student from each WISD campus is chosen as the "star student". Minutes October 27, 2009 Wylie City Council Page 1 • Presentation and Recognition of participants in National Community Planning Month. (E. Hogue, Mayor/R. 011ie, Planning Director) Planning Director Renae' 011ie and Mayor Eric Hogue presented awards in recognition of participation in the National Community Planning Month. Ms. 011ie reported that this is the third consecutive year the Planning Department has recognized the month of October as National Community Planning Month. With the support of the Wylie City Council and WISD Administration, again the 5th and 6th grade students have presented art work displaying their young artistic talents. This year's theme is "Wylie 20/20" and allows students to present how they see Wylie in the year 2020. Ms. 011ie thanked Mike Lipe, Director of Fine Arts, who spearheaded the coordination with the teachers and special thanks to the teachers who again allowed the students to participate. She reported that 86 pieces of art were displayed at the Municipal Complex during the month of October. Campus winners included: Draper IS —Ms. Stanfeld Adriana Anselmo— 5th Grader Jacqueline Ramirez— 6th Grader Davis IS — Ms. Tigert Nancy Fordjour—5th Grader Alexis Okolo—6th Grader Harrison IS —Ms. Pickett Hayden LaJaunie — 5th Grader Fredy Mejia—6th Grader 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. Gerald Dunn, residing at 1723 Harvest Crossing, Wylie, addressed council with concerns regarding his electric provider. Mayor Hogue directed staff to contact Mr. Dunn regarding this issue. Christine Price, 1005 Country Club Walk, and Matt Rose, 1507 Windward Lane, Wylie, addressed council concerning the progress in the 2005 bond project for Community Park Improvements. 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 of the October 13, 2009 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2009-34 setting the dates and time of the City of Wylie City Council meetings for the calendar year 2010. (C. Ehrlich, City Secretary) Minutes October 27, 2009 Wylie City Council Page 2 C. Consider, and act upon, Resolution No. 2009-30(R) authorizing submittal of a project application to the State Energy Conservation Officer for funding made available through the Energy Efficiency and Conservation Block Grant. (J. Butters, Assistant City Manager) D. Consider, and act upon, Resolution No. 2009-31(R) authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita Smith Public Library for library services for FY 2009-2010. (R. Orozco, Library Director) E. Consider, and act upon, a Final Plat for Newport Harbor Ground Storage and Pump Station, Block A, Lot 1, establishing an industrial lot on 1.1962 acres and designating utility easements on the property. The property is generally located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. (R. 011ie, Planning Director) F. Consider, and place on file, the City of Wylie Monthly Preliminary Revenue and Expenditure Reports as of September 30,2009. (L. Vaughan, Finance Director) Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA Public Hearing 1. Hold a second Public Hearing for the annexation of a 0.189 mile segment of County Line Road between the Collin County Line and the Rockwall County Line and a 0.284 mile segment between Elm Grove Road and Wells Road. (R. 011ie, Planning Director) Staff Comments City Manager Manson addressed council stating that this annexation is at the request of Dallas County and defined as orphan roads. Orphan Roads are all or part of a street or road-right-of-way which is outside the incorporated limits of a municipality (or municipalities) and the incorporated area of the municipality (or municipalities) abuts or extends into the right-of-way. These roadway segments have, in effect, been "orphaned" by the abutting city (or cities) that they serve in that they have been left unincorporated. She explained that the Dallas County Commissioner's office has since requested that the city consider omitting the 0.284 mile portion of Pleasant Valley Road from the requested annexation. Manson reported that during the consideration of the item on November 10th, the Pleasant Valley Road could be omitted from the annexation approval at the council's disgression . Mayor Hogue opened the second public hearing on the annexation at 6:40 p.m. asking anyone present wishing to address council to come forward and limit their comments to 3 minutes. Brandon Medcalf, residing at 9450 Wells Road, Wylie, addressed council opposing the annexation of Pleasant Valley Road. Minutes October 27, 2009 Wylie City Council Page 3 Mayor Hogue closed the second public hearing on the annexation of two orphan roads at 6:47 p.m. No action was required by the council. The final consideration of the annexations will be held on November 10, 2009 at the regular city council meeting. General Business 2. Consider, and act upon, approval of a request from Mr. Fawad Nayeb for Abandonment of that northern portion of Right-of-Way described as a 70 ft. R.O.W. of Third Street consisting of 0.2162 acres. Generally located north of Oak Street and South of S.H. 78. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the applicant, Mr. Fawad Nayeb is requesting that the City of Wylie abandon that portion of Third Street located north of Oak Street and south of S.H. 78 to allow expansion of his current facility located at 401 S. H. 78 N. The subject right-of-way is depicted in Exhibit No. 1 and currently being used as a public street. The street currently dead-ends into S.H. 78, but does not allow access to S.H. 78. The City of Wylie is the only other property owner adjacent to the subject public right-of-way. Council Discussion Councilman Porter asked Ms. 011ie why the total square feet showed 8,606 in the agenda report but was titled in the action as 0.2162 acres or 9,629 square feet. She reported that staff went by the appraisal district's square footage but stated that the surveyor's numbers were the correct numbers. Planning Director 011ie replied that she would research the information to insure the percentage of acres and square footage match the actual legal description (survey) of the property prior to executing any documentation to abandon the property should council wish to move forward with the item. Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve the request from Mr. Fawad Nayeb for abandonment of the acreage of Right-of-Way described in Exhibit 1 with the exception of a change in square footage to be determined at a later date and prior to final execution and filing. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, approval of a the location of two additional kiosk plazas in accordance with Ordinance No. 2008-33, Section 9.E. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie introduced the new vendor representative for National Sign Plaza, Mr. Patrick Fuller. Planning Director 011ie explained that with the adoption of Sign Ordinance No. 2009-21, replacing and repealing Sign Ordinance No. 2003-14 and 2008-33, Council has moved forward in providing for homebuyers and citizens directions to the location of housing developments, homebuilders, public facilities and community events within the city while discouraging the placement of unsightly and hazardous off-site directional signs. In accordance with Section 9.E the contractor is providing a location map depicting two new proposed locations for Kiosk plazas for Council approval. She reported that Exhibit A-Plaza 2 represents the location at the SEC of McCreary and FM 544 and Exhibit B-Plaza 9 depicts the second kiosk site to be located at Cooper Drive and SH 78. Minutes October 27, 2009 Wylie City Council Page 4 Mr. Fuller addressed council stating that his company planned to provide good service and excellent kiosk signs. Council Action A motion was made by Councilman White, seconded by Mayor ProTem Byboth to approve the location of two additional kiosk plazas in accordance with Ordinance No. 2009-21. A vote was taken and the motion passed 7-0. Mayor Hogue convened into work session at 7:15 p.m. WORK SESSION • Review and discuss the Interior Designs for the new City of Wylie Municipal Complex. (M. Manson, City Manager) Representatives of ArchiTexas and Holtzman Moss presented interior designs for the City Hall, Recreation Center and Library. They provided furniture samples, paint colors, carpeting, and wall materials. Construction Manager Shane Colley reported that with the proposed interiors still left contingency funding in both the construction budget and construction management budget. Direction from council was to move forward with the items presented with a few requests for individual wall colors and furniture design revisions. Mayor Hogue reconvened into Regular Session at 8:57 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2009-34 into the official record. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilwoman Spillyards to adjourn the meeting at 9:02 p.m. Consensus of the Wylie City Council was to adjourn. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes October 27, 2009 Wylie City Council Page 5 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 10, 2009 Item Number: B (City Secretary's Use Only) Department: Planning Prepared By: Charles H. Lee, AICP Account Code: Date Prepared: October 28, 2009 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, a Preliminary Plat for WISD Elementary School No. 10, Block A, Lot 1 on 11.04 gross acres, generally located west FM 544 and north of Elm Drive extension. Recommendation Motion to approve a Preliminary Plat for WISD Elementary School No. 10, Block A, Lot 1 on 11.04 gross acres, generally located west FM 544 and north of Elm Drive extension. Discussion The applicant is proposing to develop an educational facility on one lot. The facility will be the tenth elementary school in the district. The 71,172 square foot school will sit approximately 650 feet west of FM 544, and will be accessible via proposed extension of Elm Drive. The Plat dedicates sixty-five (65) feet width and approximately 1,250 linear feet of right-of-way for the extension of Elm Drive from the adjacent unincorporated property on the west extending east and connecting with FM 544. The plat creates one lot totaling 13.244 gross acres. Dedication of utility and sidewalk easements are shown on the plat. This Preliminary Plat complies with all applicable technical requirements of the City of Wylie. Planning Commission voted 6-0 to recommend approval of the Preliminary Plat. Approved By Initial Date Department Director RO 10/28/09 City Manager J I 1 IY) ( I 6 01 Page 1 of 1 a 6a,, 9 39p Ali Pon9a4 06 1B0K200a 662{2\''Lt- " Sbp'31'1p'E .. 1236.J4' � ..� =0= f .. :. ow; f1 s r[..m =slN' . + 0 100of .+a \ • t'i 65'R.O.W.Dedication .,_ / or Elm D pp ----. se9 S f Drive 'P? GRAPHIC SCALE E se9 sf f9c ir Eava3 e.so f e f T —_ -/_-___y- n � 1'<50' A-6650.53' mril f 3 1 - i "/r- R `.s•� T-351.44' / _ _ IY B S5J OJ'15'W"a ,b. 566.64' f .W / zz- ooc rv"1ms co313�9 ;';;;; W^°"� / /s /-/\/ of ',,v: S m l'' / M1< / f i< aa' Lot 1, Block A �HUH,,,,,,..::: %�� /� / tl y 1R2 A .ROW netlleall0rt / .iR $ , 11 062 Acres Net / ��` / O // A-88 / -308 54' 1rb46.44% / n r ir „'; / OB-S6J•0 15'W c X 516.03' // - / // \ // / / IIIvo: / // / 'PRELIMINARY PLAT FOR REMEW PURPOSES ONLY r.e. 9 A-0T2'0]' 011 a1Iv A-J4Y5'02' "'" su^,e of // L R-1032.50. R-46J.50' vat, ;\ / SHEET 1 OF 2 s L-129.76' S1` L-605.E4 a CE-N65'43'11-W tar CE-S60'46'19'W P R E L M N A R Y PLAT 129.68' ml�l;iIn 564.33' (( //// // Yclei utair or"vlcf : Cc.,9n-Iw.l“0 _ - gi I f o's'�a".erx 85'R.O.W.DeEicatlon 1 Eew.,."< For Elm Drive 9 i ZeM1' 6691p'12'E` NB97''t2 w I _ / va.easz. 9 io1 SC '1 O I e.oee«.Bloc.Ir / - / SCHOOL No.ELEMENTARY 5 "1.\ �srr 9z.z' E m // / Situated LUA In The ,.._aT°'"/ j D. W. N7LLIAMS SURVEY n �/ rs_bJ63.'e // ABSTRACT No. 980 T-4z2.46• / — IE, COLLIN COUNTY, TEXAS L-714.26• / r~. j/ ce-s62ro3.22'w - `� / 681.90• / //�J/, e7 Owner emean wdb 0 M1046bJ' XPu /L// / 'Mj]p A 3 '' b otr 162009= wy11e Independent sacral District CM No ez-000uzo O R—p6J.50' a,oeaoa>iow Hoar r O/o. / z 55 Ifs't�yy 951 Bollard Street T- r / J k".11L __ Wylle Texas 75098 11 0 . L-1nJp1' cos.200. 9 59e cvyod / / Telephone 972 429-3000 C CB-N64'46'J2'W / CONTROL L_I J 1J6.J6. %// // nE n "Ncr�MONUMENTS r xooa""<c f R a r>x - -- --l'i vote.Surve�E Company E // / o'"r°o "li aZOENIED 4546 Texas DrIve 509 C TelepPlano,hone Texas J509] F j/ / Er".4,:,-;,o S aci Teephone 9J2 964-0E58 2 0 2009 / �w el.sa " Fhpina / m t.hm air Iecelea m 1w soon emrom sir""f BY. .N NIX W.pineerin9•Inc. 111 Main Street Allen,Texoe 75013 Li...iEi MCINITY YAP Telephone 972 359-1733 NTS October 15,2009 PROPERTY OWNER'S CERTIFICATE STATE OF TEXAS SURVEYOR'S CERTIFICATE. COUNTY OF COWN NOW,THEREFORE.KNOW ALL MEN BY THESE PRESENTS: KNOW ALL MEN BY THESE PRESENTS: 'RECOMMENDED FOR APPROVAL" WHEREAS,the Wylie Independent School Dl.Vlct Is the owner of a tract That,the Wylie Independent School District,acting by and through its THAT I,Dennis D.Vote,do hereby certify that I prepared this plot from I land situated I the 0.W.Warns Survey,Abstract No.980,City of duly authorized agent.dose hereby adopt this plat.designating on actual and accurate survey of the land and that the coma mon— Wlie,Collin County,Texas,and being all of that certain tract of land the herein above described property ae Elementary School No.10.an umente ehown thereon asset were properly placed under my personal Chairman,Planning k Zoning Commission Date conveyed to WylieI.S.D.by deed recorded In Volume 6032.Page 3238, addition to the City of Wylie,Texas.and does hereby dedicate,in supervision in accordance with the Subdivision Ordinance of the City of City of Wylie.Texas Deed Records Collin County,Texas.and being mare particularly des— fee simple.to the public yes forever,the streets,rights—of—way,and ylie, criother public improvements shown thereon. The streets and alleys,If any,we tledicaled for street purposes. The easements and public use BEGINNING at as/2"Iron rod set for come-in the weal line of FM 544 s shown,are dedicatedfor the public use forever,for the "APPROVED FOR CONSTRUCTION: (a90'RAW.).said point being the northeast corner of the aforementioned purposes indicated on this plot. No buildings,fences,trees,shrubs or Signature of o.48red Professional Land Surveyor Wylie I.S.O.tract; other Improvements or growths shall be constructed or placed upon, ReglaValien No.48/3 acrossover or the easements as she..except that landscape Mayor,c, THENCE continuing with the westerly right—of—way line of F.M.544, improvements may be pieced In landscape casements.If approved by ty of Wylie.loxes Date SOUTH 00 degrees 28 minutes 41 seconds WEST,110.30 feet to a 1/2" the City Council of the City of Wylle. In addition,utility easements iron rod found for comer, may oleo be used for the mutual use ond accommodation of all THENCE departing the waetrfy line of FM 544,NORTH 89 degrees 31 limipublic utilities to particular to use or using the wmacun public the easement "ACCEPTED" minutes 19 seconds WEST.50.00 feet to a 5/8"Mon rod found for comer subordinate the use ubli', utilities,City maid use by at. The being and being the beginning of a curve to the left having a central angle ofofbWyolna n to the public's and City of Wylie a use thereof. City of 66 degrees 50 minutes 53 seconds,a radius of 46Z.50 feet and a ken Wylie and public utility entitles shall new the right to remove and STATE OF TEXAS keep removed all or ports of any buildings,fences,laser,danger or Mayor.City of Wylie.Texas pale hard welch bean SOUTH 5J degrees 03 minutes 15 seconds NEST,515.03 teen improvements or growths which may in any way endanger orCOUNTY OF COWN feet' interfere with the construction,maintenance,or efficiency of their THENCE eouthweelerly,along the said turn to the left,an arc length respective ewtams In sold easements. The City of Wylie and public BEFORE ME,the un a outnority,a Notary Public in and for the utility entities that)at all times have the full right of Mgrs.and egress State of Texae,on this this d dayy personally Dennis 0.Vote,Land Surveyor, of 5445.444 feet to a 5/8"Mon rod found far omer,being the end off said to ar from their respective easements for the purpose of canstrcting, known to be the person whose nameis subscribed to the foregoing c and the beginningrn of o to the right having central glen eons or inpecting,patrolling,maintaining,acing,reading meter,and instrument,and acknowledged to me that he executed the same for ofr76 degrees 51 mules 09 seconds. radius of 532.50 feet and a adding to or removing all or parts of their respective systems without the purpose and cmaideratione therein epreared. The undersigned.the City Secretary of the City of Wylie,Texas hereby chord which boors SOUTH 62 degrees 03 minutes 22 seconds WEST, the necessity at any time of procuring permission from anyone.881.90 feet; GIVEN under my hand and seal of office.this the dayf certifies that the forgoing Final Plot of Elementary School No.10 o addition to the City of Wylie was bmiHed to ins City Council on the THENCE northwesterly,along said curveto theright.an arc length of is plat ie approved eubjoin Oto II platting ordirwncea,ruin,regulations 2� day f a,20N;and the Cauncll,say formation, 714.26 feet to 0 5/8"bin rod found for corner,being the end of said d luliona f th<City I Wylie,Tevae. then and there accepteda, the dedicationtof right—of—ways,atreatt. and the beginning of a curve to the left haying a central angle of xmenta and alleys,ore shown and set forth and upon said Plat. 10rtlagrase 28 minutes 57 second,,a radius of 967.50 feet and chord Notar oncen said Council further his name assM1e mayor to note the accept— which bean NORTH 64 degrees 45 minutes 32 seconds REST.178.T8 feet; Witness my hand this the day of ,2009. the Stateboil exaed for thereof by signing hereinabove subscribed .- Witness Mtnese my hand this day of .AD.,2009. THENCE westeny,alongr said cu ve to the right,an arc length of 177.01 feet to a 5/8"iron rod found for corner,being the end of said curve, sold point being the southwest cornerAuthorized signature of own of said tract being deecribetl: er My Commission Expires On: THENCE NORTH,along the east line of the Wolfe tract recorded under Ct Secretary C.C.F.N.92-0002420 D.R.C.C.T..32.50 feet to a 1/2"Iron rod set for Printed name and title C ityy of Wylie THENCE SOUTH 89 degrees 19 minutes 12 sponde EAST.with the south STATE OF TEXAS Sank,a pinion of this addition/plat by metes and bounds is a violation line of the East Fork Special Utility District property recorded under COUNTY OF GOWN of city ordinance and state law,la Is subject to withholding of utilities N.93-0045690.D.R.C.C.T.,16.Z6 feet to a 3/r pipe found for and building p.n.. GCF corner; BEFORE ME.the undersigned authority,a Notary Public in and for the THENCE NORTH 00 degrees 44 minutes 34 seconds WEST.along the east State of Texae,on this day personally appeared line of sold East Fork Special Utility District tract and the east line of Owner.known to me to be the person whore name Is wbecribsd to Cornerstone Baptist Church recorded In Document No.20 0 5-002 321 9. the foregoing Instrument,and ocknowedged to me that he executed passing a 3/4 iron rod found at 147.58 feet,continuing some ing for total the s e for the purpose and cansiderotbna therein expressed. distance of 662.06 feet to a 5/8"iron rod found for comer: THENCE SOUTH 89 degrees 31 minutes 19 seconds EAST,1235.74 feet GIVEN under my hand and seal of office this the day of the POINT OF BEGINNING and CONTAINING 576,924 gross square feet an 13.2.gross acres of land. 2009. BASIS OF BEARINGS: Notary alPe ofu in and for blic Tevae westerly R.O.W.line of F.M.544(S00'28'42"W)according to the "PRELIMINARY PLAT FOR REVIEW PURPOSES ONLY deed recorded in Volume 561,Page 226,D.R.C.C.T. My Commission Expires On: SHEET 2 OF 2 PRELIMINARY PLAT ELEMENTARY SCHOOL No. 10 Situated In The D. W. WILLIAMS SURVEY ABSTRACT No. 980 WYLIE, COLLIN COUNTY, TEXAS f2WDer Wade Independent Soho.District 05 Ballard Street Wylie Texas 75098 Telephone 972 429-3000 SYOKI9E Voter Surveying Company 4548 Tuscany Drive Plano,Texas 75093 Telephone 972 964-0858 FLGILe5E RLk Engineering.Inc. III Weet Main Street Allan,Texas 75013 Telephone 972 359-1733 October 15,2009 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 11-10-09 Item Number: C Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 10-28-09 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2009. Recommendation Accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2009. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on October 30, 2009. Approved By Initial Date Department Director SS 10-28-09 / i City Manager l i( / (1), Page 1 of 1 10-28-2009 08:14 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: SEPTEMBER 30TH, 2009 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 713,992.57 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 1000-10180 DEPOSITS (EARNEST MONEY) 0.00 1000-10198 OTHER-MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 0.00 1000-11511 ACCOUNTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 100,311.56 1000-12996 LOAN REC - JACOBY 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCOUNTS REC - SAVAGE 421,443.00 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 2,811,424.40 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 1000-14310 PREPAID EXPENSES 0.00 1000-14410 DEFERRED CHARGE 765,290.60 4,812,462.13 TOTAL ASSETS 4,812,462.13 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 79.18 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE ( 226.15) 2000-20117 TMRS PAYABLE 552.58 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 338.59 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20151 ACCRUED WAGES PAYABLE 5,547.95 2000-20180 ADDIT EMPLOYEE INSUR PAY 1.46 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 6,427.30 2000-20210 ACCOUNTS PAYABLE 0.00 2000-20530 PROPERTY TAXES PAYABLE 0.00 2000-20540 NOTES PAYABLE 765,290.60 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REVENUE 322,525.80 10-28-2009 08:14 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: SEPTEMBER 30TH, 2009 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE 2000-22915 RENTAL DEPOSITS 1,000.00 TOTAL LIABILITIES 1,101,537.31 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 3,495,474.24 TOTAL BEGINNING EQUITY 3,495,474.24 TOTAL REVENUE 1,204,494.50 TOTAL EXPENSES 989,043.92 REVENUE OVER/(UNDER) EXPENSES 215,450.58 TOTAL EQUITY & OVER/(UNDER) 3,710,924.82 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 4,812,462.13 10-28-2009 08:14 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: SEPTEMBER 30TH, 2009 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN WEDC 0.00 1000-18120 Loan-Birmingham 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 Birmingham Loan 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 36,069.88 2000-21410 ACCRUED INTEREST PAYABLE 5,197.00 2000-28205 WEDC LOANS-CURRENT 168,563.05 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 446,505.57 2000-28240 HUGHES LOAN PAYABLE 222,478.21 2000-28250 CITY OF WYLIE LOAN 0.00 2000-28260 PRIME KUTS LOAN 175,505.00 2000-28270 BOWLAND/ANDERSON LOAN 36,261.58 2000-28280 CAZAD LOAN 146,718.99 TOTAL LIABILITIES 1,237,299.28 EQUITY 3000-34590 FUND BALANCE ( 1,237,299.28) TOTAL BEGINNING EQUITY ( 1,237,299.28) TOTAL REVENUE 0.00 TOTAL EXPENSES 0.00 REVENUE OVER/(UNDER) EXPENSES 0.00 TOTAL EQUITY & OVER/(UNDER) ( 1,237,299.28) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 1 :'8-2009 35:15 AM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: SEPTEMBER 30TH, 2009 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-L BUDGE. 8 OF. BUDGET PERIOD PC ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,300,000.00 204,326.36 0.00 1,154,009.87 0.00 145,990.13 88.77 INTEREST INCOME 10,000.00 228.90 0.00 5,828.76 0.00 4,171.24 58.29 MISCELLANEOUS INCOME 109,600.00 5,033.25 0.00 44,655.87 0.00 64,944.13 40.74 OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 1,419,600.00 209,588.51 0.00 1,204,494.50 0.00 215,105.50 84.85 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 1,875,821.00 56,449.91 0.00 989,043.92 175.00 886,602.08 52.74 TOTAL EXPENDITURES 1,875,821.00 56,449.91 0.00 989,043.92 175.00 886,602.08 52.74 REVENUE OVER/(UNDER) EXPENDITURES ( 456,221.00) 153,138.60 0.00 215,450.58 ( 175.00) ( 671,496.58) 47.19- 11- -2009 08:15 AM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: SEPTEMBER 30TH, 2009 Ill-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40210 SALES TAX 1,300,000.00 204,326.36 0.00 1,154,009.87 0.00 145,990.13 88.77 TOTAL TAXES 1,300,000.00 204,326.36 0.00 1,154,009.87 0.00 145,990.13 88.77 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 10,000.00 228.90 0.00 5,828.76 0.00 4,171.24 58.29 4000-46140 TEXPCOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000--46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 400E-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 10,000.00 228.90 0.00 5,828.76 0.00 4,171.24 58.29 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 108,400.00 4,600.00 0.00 44,134.99 0.00 64,265.01 40.71 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISC INCOME 1,200.00 433.25 0.00 520.88 0.00 679.12 43.41 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 109,600.00 5,033.25 0.00 44,655.87 0.00 64,944.13 40.74 OTHER. FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49325 BANK NOTE PROCEEDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 1,419,600.00 209,588.51 0.00 1,204,494.50 0.00 215,105.50 84.85 10-28-2009 08:15 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITEDI AS OF: SEPTEMBER 30TH, 2009 Ill-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WECC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET & OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 61 -511 10 SALARIES 174,722.00 17,771.58 0.00 165,336.87 0.00 9,385.13 94.63 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 772.00 0.00 0.00 772.00 0.00 0.00 100.00 5611-51145 SICK LEAVE BUYBACK 1,900.00 0.00 0.00 1,781.94 0.00 118.06 93.79 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 11,320.00 1,219.09 0.00 11,450.75 0.00 ( 130.75) 101.16 5611-51220 PHONE ALLOWANCE 2,976.00 327.88 0.00 3,017.69 0.00 41.69, 111.40 561:-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 18,992.00 1,924.12 0.00 17,921.83 0.00 1,070.17 94.37 =611-514:0 HOSPITAL & LIFE INSURANCE 20,870.00 0.00 0.00 19,200.00 0.00 1,670.00 92.00 5611-51420 LONG-TERM DISABILITY 1,040.00 0.00 0.00 477.68 0.00 562.32 45.93 5611-51440 FICA 11,820.00 1,185.78 0.00 9,243.66 0.00 2,576.34 78.20 5611-51450 MEDICARE 2,900.00 277.31 0.00 2,572.53 0.00 327.47 88.71 5611-51470 WORKERS COMP PREMIUM 490.00 0.00 0.00 405.65 0.00 84.35 82.79 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 90.00 0.00 450.00 16.67 TOTAL PERSONNEL SERVICES 248,342.00 22,705.76 0.00 232,270.60 0.00 16,071.40 93.53 SUPPLIES 5611-52010 OFFICE SUPPLIES 9,000.00 602.74 0.00 6,292.99 175.00 2,532.01 71.87 5611-52040 POSTAGE 2,220.00 37.06 0.00 559.20 0.00 1,660.80 25.19 5611-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 5,300.00 971.82 0.00 3,676.97 0.00 1,623.03 69.38 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 16,520.00 1,611.62 0.00 10,529.16 175.00 5,815.84 64.80 MATERIALS FOR MAINTENANC =611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 56:1-54810 COMPUTER HARD/SOFTWARE 1,800.00 350.00 0.00 1,479.98 0.00 320.02 32.22 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 1,800.00 350.00 0.00 1,479.98 0.00 320.02 82.22 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 546,259.00 417.83 0.00 135,269.03 0.00 410,989.97 24.76 5611-56040 SPECIAL SERVICES 71,695.00 3,612.53 0.00 64,196.93 0.00 7,498.07 89.54 561 -56080 ADVERTISING 36,335.00 955.00 0.00 28,744.15 0.00 7,590.85 79.11 5611 56090 COMMUNITY DEVELOPMENT 49,913.00 2,300.00 0.00 46,360.38 0.00 3,552.62 92.88 5611-56110 COMMUNICATIONS 3,510.00 206.24 0.00 3,267.54 0.00 242.46 93.09 5611'56180 RENTAL 19,500.00 367.11 0.00 18,799.80 0.00 700.20 96.41 5611-56210 TRAVEL AND TRAINING 28,279.00 1,958.41 0.00 15,371.45 0.00 12,907.55 54.36 5611-5625C DUES & SUBSCRIPTIONS 7,983.00 0.00 0.00 7,938.00 0.00 45.00 99.44 5611-56310 INSURANCE 2,500.00 0.00 0.00 303.00 0.00 2,197.00 12.12 5611-56510 AUDIT AND LEGAL SERVICES 17,560.00 80.00 0.00 11,609.74 0.00 5.950.26 66.11 -11- 56570 ENGINEERING - ARCHITECT SVC 20,498.00 1,5,00.00 0.00 16,872.50 0.00 3,625,50 82.31 5,11-56610 UTILITIES - ELECTRIC 4,000.00 574.31 0.00 3,056.59 0.00 943.41 76.41 TOTAL. CONTRACTUAL SERVICES 808,032.00 11,971.43 0.00 3351,789.11 0.00 456,242.39 43.54 28-2009 08,15 AM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF, SEPTEMBER 30TH, 2009 11) WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC. DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 4 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5E11-57110 DEBT SERVICE 274,501.00 19,811.10 0.00 274,485.06 0.00 15.94 99.99 5.1:-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 OCTAL DEBT SERVICE & CAP. REPL 274,501.00 19,811.10 0.00 274,485.06 0.00 15.94 99.99 CAPITAL OUTLAY 5611-58110 LAND 379,606.35 0.00 0.00 171,842.02 0.00 207,764.33 45.27 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 00.00 5611-58210 STREETS I ALLEYS 52,300.00 0.00 0.00 30,712.00 0.00 21,587.00 58.72 5611-58810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 192.60 0.00 2,807.40 6.42 56111-58830 FURNITURE & FIXTURES 5,000.00 0.00 0.00 865.19 0.00 4,134.81 17.30 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 ( 171,842.02) 0.00 171,842.02 0.00 TOTAL CAPITAL OUTLAY 439,906.35 0.00 0.00 31,770.79 0.00 408,135.56 7.22 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 66,326.00 0.00 0.00 • 66,325.57 0.00 0.43 100.00 5611-59190 TRANSFER. TO THORUGHFARE IMP 20,393.65 0.00 0.00 20,393.65 0.00 0.00 100.00 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 86,719.65 0.00 0.00 86,719.22 0.00 0.43 100.00 .DOTAL DEVELOPMENT CORP-WEDC 1,875,821.00 56,449.91 0.00 989,043.92 175.00 886,602.08 52.74 TOTAL EXPENDITURES 1,875,821.00 56,449.91 0.00 989,043.92 175.00 886,602.08 52.74 REVENUE OVER (UNDER) EXPENDITURES ( 456,221.00) 153,138.60 0.00 215,450.58 ( 175.00) ( 671,496.58) 47.19- *' END OF REPORT *** Wylie Economic Development Corporation Balance Sheet Sub ledger September 30, 2009 Notes Payable Payment Beginning Bal. Principal Interest Principal Balance August 31, 2009 $1,209,222.33 September Inwood(#47 of 120) $9,915.23 $541,662.58 $7,319.77 $2,595.46 $534,342.81 Hughes(#38 of 120) 3,774.70 255,906.74 2,495.16 1,279.53 253,411.58 Prime Kuts(#23 of 120) 2,539.59 196,374.20 1,557.72 981.87 194,816.48 Bowland(#23 of 60) 773.31 26,702.34 639.80 133.51 26,062.54 Anderson(#22 of 60) 773.31 26,702.34 639.80 133.51 26,062.54 CapitalOne 161,874.13 September 30, 2009 $12,652.25 $5,123.88 $1,196,570.08 Note: Principal and Interest payments vary by date of payment. .. Wylie Economic Development Corporation Loan Term Sheet As of September 30,2009 Property Date of Purchase Interest Rate Current Balance Inwood(#47 of 120) 8/26/05 5.75% $534,342.81 Hughes(#38 of 120) 7/25/06 6.00% 253,411.58 Prime Kuts(#23 of 120) 10/8/07 6.00% 194,816.48 Bowland(#23 of 60) 10/9/07 6.00% 26,062.54 Anderson(#23 of 60) 10/9/07 6.00% 26,062.54 CapitalOne(#18 of 120) 3/17/08 6.25% 161,874.13 Total $1,196,570.08 Wylie Economic Development Corporation Balance Sheet Subledger September 30, 2009 Inventory- Land Date of Pur. Address Acreage Improvements (sq. ft.) Cost Basis McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath 12/28/05 706 Cooper 0.46 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Hughes 7/25/06 211 -212 Industrial 0.74 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 3,900 200,781.55 Ferrell 9/29/05 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. 2/14/07 -0.09 -20,094.48 Crossroads 6/12/09 2804 F.M. 544 0.44 4,750 171,842.02 Premier Plaza 8/26/05 Martinez Lane 25.00 n/a 639,000.00 Sale to Savage 5/28/08 -3.87 -98,917.20 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00 Total 29.47 2,811,424.40 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF OCTOBER 2009 MONTH WEDC WEDC WEDC DIFF % DIFF 2007 2008 2009 08 VS 09 08 VS 09 DECEMBER $82,910 $82,384 $90,500 $8,116 9.85% JANUARY 86,614 89,898 101,531 11,633 12.94% FEBRUARY 121,615 132,441 145,246 12,805 9.77% MARCH 83,172 86,460 87,584 1,124 1.30% APRIL 81,377 86,004 86,040 36 0.04% MAY 124,616 130,208 130,966 758 0.58% JUNE 86,779 99,523 94,993 -4,530 -4.55% JULY 90,996 98,845 95,282 -3,563 -3.60% AUGUST 114,655 132,563 117,541 -15,022 -11.33% SEPTEMBER 99,715 112,165 104,015 -8,150 -7.27% OCTOBER 91,185 100,202 100,312 110 0.11% NOVEMBER 124,515 142,985 Sub-Total $1,188,149 $1,293,678 $1,154,009 $3,316 0.31% AUDIT ADJ TOTAL $1,188,149 $1,293,678 $1,154,009 $3,316 0.31% WEDC SALES TAX ANALYSIS $160,000 $140,000 , $120,000 $$0.000 ill I ,x 0 2008 $60,000 f t t 1 1 121 I X 1 1° cm .2009 Ali I z, 111111 kl 111111 $40,000r y I Ill �w I , I I ' LI LI 1 I If II a m ca a m 2 A ' a .n E 2 03 m ¢ 2 , ' m E 2 E o Li.-) Q Z Z Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 10, 2009 Item Number: 1 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: November 4, 2009 Budgeted Amount: Exhibits: Four Subject Consider, act upon, Ordinance No. 2009-35 authorizing the annexation of a 0.189 mile segment of County Line Road between the Collin County line and the Rockwall County line and a 0.284 mile segment between Elm Grove Road and Wells Road. Recommendation Motion to adopt Ordinance No. 2009-35 authorizing the annexation of a 0.189 mile segment of County Line Road between the Collin County line and the Rockwall County line. Discussion This annexation is at the request of Dallas County and defined as orphan roads. Orphan Roads are all or part of a street or road-right-of-way which is outside the incorporated limits of a municipality (or municipalities) and the incorporated area of the municipality (or municipalities) abuts or extends into the right-of-way. These roadway segments have, in effect, been "orphaned" by the abutting city (or cities) that they serve in that they have been left unincorporated. The Dallas County Commissioner's office has since requested that the city consider omitting the 0.284 mile portion of Pleasant Valley Road from the requested annexation. If annexed, the City of Wylie will be responsible for maintenance, operation, enforcement, police and /or emergency services within these unincorporated rights-of-way. 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 September 30, 2009 & October 7, 2009 First Public Hearing October 13, 2009 Second Public Hearing October 27, 2009 Adoption of Ordinance November 10, 2009 Page 1 of 2 Page 2 of 2 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 11/04/09 City Manager (�'n j I/( /c ORDINANCE NO. 2009-35 AN ORDINANCE ANNEXING A CERTAIN 0.189 MILE SEGMENT OF COUNTY LINE ROAD BETWEEN THE COLLIN COUNTY LINE AND THE ROCKWALL COUNTY LINE, BEING A 1.54 ACRE TRACT OF LAND SITUATED IN THE ELISHA M. PRICE SURVEY, ABSTRACT NO. 1114 IN DALLAS COUNTY; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the"Property")to Wylie; and; WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is a roadway in the unincorporated area of Dallas County, and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. Ordinance No. 2009-35 Annexation of segment of County Line Road NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: That the City Limit Map of the City of Wylie, Texas, be, and the same is hereby, amended by amending the boundaries of the city, said property being described in Exhibit "A" and Exhibit "B" (Survey Map), Exhibit "C" (Service Plan) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this the 10th day of November, 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—November 18, 2009 Ordinance No. 2009-35 Annexation of segment of County Line Road DALLAS COUNTY a,Vi "asp PUBLIC WORKS P Y4{4{ r.Y July 6, 2009 Mr. M.G. "Red" Byboth Mayor Pro Tern City of Wylie 2000 Highway i8 North Wylie, TX 75098 Subject: Annexation of Orphan Roads County Line Road Pleasant Valley Road Dear Mr. Byboth: Dallas County records indicate a segment of County Line Road (the 0.189 mile section between Collin County Line and the Rockwall County Line) and a segment of Pleasant Valley Road (the 0.284 mile segment between Elm Grove Road and the unincorporated area) as being roadways in the unincorporated area. Dallas County for many years has sought to eliminate from its inventory those unincorporated sections of roadway located between or adjacent to city limit boundaries. These roadway sections are known as "Orphan Roads". Please review the attached correspondence from Dallas County dated April 14, 2002 and Court Order 2002-637 with the attached Orphan Road Policy and provide to us Wylie's plan for incorporating the above sections into the Wylie City Limit. Please contact me at 214-405-0307 or HBaha©dallascounty.org for assistance with resolving this issue. i cerely �' Hamid ha, P.F. cc�' Project Manager Attachments: April 14, 2002 letter with Court Order 2002-637 and Policy Map of Wylie Orphan Road(s) Cc: Mike Cantrell, Commissioner Don Holzwarth, P.E., Director of Public Works Antoinette Bacchus, P.E., Assistant Director Hamid, Anthony, File _ __ _ _, CITY OF WILTLIE ,, , o°i Sri` eB4 r 1 1 z o IA ✓'f eetlpwhfe. .21 ,a 1 COU TYLINE RD 4r VI c 1 '`a 9\ 'a Dallaa Q c oa tt _ iI \ 94, ag / eI sea e ' �.0 eWYLIE p se C. I,ry MM�- 1 e°r 1 �v I PLEASANT VALLEYIRD �`'�,.. j °e , I 1 ) �� ROWLETT I °a° 1 4'n,\yq 1 o` aya / oe I I Oy° 4, I , i 1 of Sep sf e SACHSE °.). 1 F kdff j a I 'c 0Y.4 1 GARLAND 1 \., o- s''' 1 / Map Number Name Limits Mileage City Type District Mapsco Number Map Prepared: 12/18/08 60 PLEASANT VALLEY RD ELM GROVE RD TO UNINCORPORATED AREA 0.284 Wylie AB 2 10A-T 199-06-59 frommWupesour s"with varying le.esai,«d:acy.`iheuali sCountr`d 21 COUNTY LINE RD COLLIN COUNTY LINE TO ROCKWALL COUNTY LINE 0.189 Wylie AB 2 10B-N 490-01 60 completeness Division disclaims all responsibility for the accuracy or y of the data shown Projec[Location \pub11T Works\Sbaretl\GIS Data\IN\Tory\OIS Base Data\Projects \OrphanRoads\DC_OrphanRd_2.nud TRACT EXHIBIT BENNETT J. DOEN SURVEY, ABSTRACT NO. 382, AND F.T GAINES, SURVEY, ABSTRACT NO. 497 DALLAS COUNTY, TEXAS BEING a 281,131 square feet (6.45 acre) tract of land situated in the Bennett J. Doen Survey, Abstract No. 382 and the F.T. Gaines Survey, Abstract No. 497, In Dallas County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a point for corner, and being the intersection of the centerline of Elm Grove (a 60 foot right—of—way) and the Southeast line of Pleasant Valley (a variable width right—of—way); Thence North 44 degrees 02 minutes 02 seconds West, crossing said Pleasant Valley, a distance of 75.00 feet to a point for corner; Thence along the Northwest line of said Pleasant Valley as follows: North 45 degrees 51 minutes 10 seconds East, along the Northwest line of said Pleasant Valley, passing a 1/2 inch iron rod found for corner at a distance of 27.97 feet marking the South corner of a a tract of land conveyed to North Texas Municipal by deed recorded in Volume 97136, Page 3071, Deed Records, Dallas County, Texas, and continuing for a total distance of 404.16 feet to a point for corner; North 46 degrees 02 minutes 10 seconds East, a distance of 529.88 feet to a point for corner; North 45 degrees 32 minutes 33 seconds East, a distance of 926.56 feet to a point for corner; North 43 degrees 32 minutes 00 seconds East, a distance of 1,100.58 feet to a point for corner; North 45 degrees 49 minutes 00 seconds East, continuing along the Northwest line of said Pleasant Valley, passing a 1/2 inch iron rod found for corner at a distance of 780.10 feet marking the East corner of a tract of land conveyed to Southwestern Medical by deed recorded in Volume 93187, Page 4726, Deed Records, Dallas County, Texas, and continuing for a total distance of 781.13 feet to a point for corner; Thence South 45 degreess 50 minutes 00 seconds East, crossing said Pleasant Valley, a distance of 70.12 feet to a point for corner, and being in the Southeast line of said Pleasant Valley; Thence along the Southeast line of said Pleasant Valley as follows: South 45 degrees 17 minutes 41 seconds West, a distance of 780.26 feet fo a point for corner; South 43 degrees 38 minutes 53 seconds West, a distance of 1,100.22 feet to a point for corner; South 45 degrees 31 minutes 46 seconds West, a distance of 929.39 feet to a point for corner; South 46 degrees 03 minutes 33 seconds West, a distance of 529.88 feet to a point for corner; South 45 degrees 51 minutes 10 seconds West, a distance of 404.71 feet to the Point of Beginning and containing 281,131 square feet or 6.45 acres of land. N BRYAN CONNALLY AOHtiF R.P.L.S. NO. 5513 1 m CBG Surveying, Inc. ©r� PLANNING SURVEYING SHEET 1 OF 2 11545 Pagemill Road • Suite 200 Dallas, Texas 75243 JOB NO. 09010170-1 A P 214.349.9485 • F 21.4.349.2216 DRAWN BY: CG www.cbgdfw.com DATE — 10-20/09 TRACT EXHIBIT BENNETT J. DOEN SURVEY, ABSTRACT NO. 382, AND F.T GAINES, SURVEY, ABSTRACT NO. 497 DALLAS COUNTY, TEXAS 'pus, 400 200 GRAPHIC SCALE yob J pp4.`, 0B00 1600 I}1111111111 ��N ti '66) ( IN FEET ) <o,,\ti6 GSy ØIl" . • IPP 1 inch = 400 ft. ° Iii t. 50o fid i Or OFF ��,* �d yo a.c's de� 1, es��fi ` ypa�`°� �y ��r 2g'�r iiii J � � SO, G4�� `4 CBG d • �( INC.Illt F` aP��'lb 0li 4)eG 281,131 sq.ft. ilf;d11 Po 1111 quo °s °y 6.45 acres 411 'I's> �ao�7o ...11 01i- dddl' `� Jai',° �'a �D °e 9G lF ,co �. Od��1� 9�/`SPO 44 q le `�4° � 8 �Ol�q 6�&Z LINE TABLE ii1J 9u,FS LINE BEARING LENGTH �� ,, O,�,q L1 N44'02 02"W 75.00' i] p0�,• '�io 12 N45'S1 10 E 404.16' �ffl�IdnH�p Oc{ p<9 OG+`�F L3 N46'02'10"E 529.88' V�,O o✓4�i sus j.tt„ �O• { 4'F+ L4 N45'32'33"E 926.56' Q �l'" � .po,�Fs, al, sr , q 4 L5 N43'32'00"E 1,100.58' t, p q A �.1`r L6 N45'49'00"E 781.13' li�� C • tO ? 1-0‹ 9S�y�q'�4c p L7 S45'50'00"E 70.12' Lp F'G+ ��, .0 'f` OF L8 S45'17'41"W 780.26' ? , II o F/y 9O . C'p�f`S'I',+ L9 S43'36'53"W 1,100.22' . �� '�� '�OOs�c (PO .0 y0 yO Q�At�`8•�L�,f L10 545'31'46"W` 929.39' -�,�8�8 LOf Salo©��o Aco� 9 /- L11 546'03'33"W 529.88' !,� G+ 4' F0 L12 545'51'10"W 404.71' wo ? 0 4 0 cQS �cfyo , s 6.a. N '4 ^\ RB.P.L.S.S.CO 5 CONNALLY E5 3 fitV CBG Surveyin , Inc. - 9 SHEET 2 OF 2 ©� � PLANNING • SURVEYING JOB NO. 09010170-1 A �� 11545 Pagemili Road •Suite 200 Dallas, Texas 75243 P 214.349.9485 • F 21.4.349.2216 DRAWN BY. CG s www.cbgdfw.com DATE — 10-20/09 TRACT EXHIBIT ELISHA M. PRICE SURVEY, ABSTRACT NO. 1114 DALLAS COUNTY, TEXAS BEING a 66,884 square feet (1.54 acre) tract of land situated in the Elisha M. Price Survey, Abstract No. 1114 in Dallas County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a point for corner, and being the Southwest corner of PLEASANT CREEK ADDITION, PHASE 1, an addition to the City of Wylie, Rockwall County, Texas according to the plat thereof recorded in Cabinet F, Slide 239, and being in the Southwest line of Vinson Road (a variable width right—of—way); Thence North 46 degrees 20 minutes 40 seconds West, along the Southwest line of said Vinson Road, a distance of 1,427.89 feet to a point for corner, and being an angle point in the Southwest line of said Vinson Road; Thence North 46 degrees 43 minutes 48 seconds West, continuing along the Southwest line of said Vinson Road, a distance of 511.99 feet to a point for corner; Thence North 89 degrees 42 minutes 11 seconds East, crossing said Vinson Road, passing a Wooden Monument found for witness at a distance of 43.43 feet, and continuing for a total distance of 45.89 feet to a point for corner, and being in the Northeast line of Vinson Road; Thence South 46 degrees 43 minutes 48 seconds East, along the Northeast line of said Vinson Road, passing a 1/2 inch iron rod found for witness at a distance of 1,589.36 feet, and continuing for a total distance of 1,867.90 feet to a point for corner, and being in the West line of said PLEASANT CREEK ADDITION, PHASE 1; Thence South 00 degrees 04 minutes 53 seconds West, along the Wesf line of said PLEASANT CREEK ADDITION, PHASE 1. a distance of 56.55 feet to the Point of Beginning and containing 66,884 square feet or 1.54 acres of land. N BRYAN CONNALLY 11 R.P.L.S. NO. 5513 � I M� Inc.CBG Surveying, I SHEET 1 OF 2 1141'? r\ LA PNNING • SURVEYINGJOB N0. 09010170-18 11545 Pagemili Road • Suite 200 Dallas, Texas 75243 P 214.349.9485 • F 21.4.349.2216 DRAWN BY: CG www.cbgdfw.com DATE — 10-20/09 TRACT EXHIBIT ELISHA M. PRICE SURVEY, ABSTRACT NO. 1114 DALLAS COUNTY, TEXAS `24Sp9. JOE S. GUZMAN ?Q`.�" VOL. 657, PG. 470 43.43' sP COLLIN COUNTY ... av�(1.• DALLAS COUNTY-1 L3 Alb. c 1. Y,i Q� O . I ?• --;.1.,,4O4 \� ,,'��i�`p,OvQ.CI. `00 h(1.- bG QG,h °yG��y _IS 0QI h, QO4 Opp t y, Pn �Y o • 0 h'1 J `q \ Oy,, Ad' $1,OG. Q4 00 �14(9 4n \ �yg, Opt(r O�� Ov C� ON �� 0�G" I of`-'0 aye O•). \\�3yy OHO" gyp\' �� 0 a OQ s�A ° �•O$ \yyyyy f `i�{G OR�0yola Z. o cv C'yC A. .3 0 DO FIN. n 4 66.884 sq.ft. `�,ft' �o a ' > 1.54 acres `�404 a 0 o Y^n 4 �-' N WfwA.in it fro t.t i 444 x a ti ?h GG 1.0 ?� z p 4p e., 0 < m0IP ° ; a Ct ° �r• a1 c"N OFO yna , le, °C qJ. qi. 0 0 °cd POINT OF t LINE TABLE Q0,p 42) BEGINNING LINE BEARING LENGTH ,,7: L1 N46.20.40'W 1,427.89' L2 N46'43'48'W 511.99' ,� • L3 N89'42'11"E 45.89' tn-� L4 546'43'48"E 1,867.90' ��F" g L5 500'04'53"W 56.55' 04,, oa t> O� a p0 GRAPHIC SCALE 400 0 200 400 BOO 1600 -,': MI III ( IN FEET ) 1 inch = 400 ft. N--� BRYAN CONNALLY aF R.P.L.S. NO. 5513 (41, .� S� CBG Surveying, Inc. © `" SHEET 1 OF 2 % '\ PLANNING ' SURVEYING JOB NO. 09010170-18 �y 11545 Pagemill Road • Suite 200 Dallas, Texas 75243 P 214.349.9485 • F 21.4.349.2216 DRAWN BY: CG N--_S_f www.cbgdfw.com DATE — 10-20/09 CITY OF WYLIE,TEXAS SERVICE PLAN FOR ANNEXED AREA MCCREARY ROAD TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: November 10, 2009 ACREAGE ANNEXED: .189 acres SURVEY, ABSTRACT & COUNTY: Public Street Right-of-Way for a 0.189 mile segment of County Line Road between the Collin County line and the Rockwall County line. 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 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 1. 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. 7/11 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 10, 2009 Item Number: 2 Department: (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: 447-5447-56510 Project 7CA Date Prepared: November 3, 2009 Budgeted Amount: $1,495,000 Exhibits: Contract Documents Subject Consider, and act upon, awarding a professional services contract, in the amount of$208,000, to Teague Nall and Perkins, Inc. for the design of Community Park Improvements. Recommendation Motion to award a professional services contract, in the amount of$208,000, to Teague Nall and Perkins, Inc. for the design of Community Park Improvements. Discussion On April 28, 2009, the City Council chose Teague Nall and Perkins, Inc. as the design firm for the Community Park Improvement project. Upon Council's selection, City staff began the negotiation process for a contract. As part of the process, City staff and the consultant worked cooperatively to develop a contract for professional services and a preliminary project schedule. The City Attorney participated in developing and reviewing the professional services agreement. To assure that the public and City Council have ample opportunity to contribute ideas to the design process, the Scope of Services includes an initial meeting with stakeholders, athletic associations, City Council, and Park Board. From this input, the consultant will prepare up to three concept plans and present them to the Park Board and City Council for additional comments before starting the actual design of improvements. At this time, it is anticipated that construction can begin after the 2010 fall sports season and be completed after the 2011 spring sports season. The consultant and staff will work closely with the sports associations on scheduling the work to have as minimal an impact as possible on the use of the facility. Staff will also coordinate the project scheduling with the construction of improvements occurring at Founders Park. Currently, Community Park is a 40-acre site containing four baseball fields, seven soccer fields, three basketball courts, sand volleyball court, picnic pavilion, playground, hike and bike trail, concession stand, etc. In November 2005, voters approved a $1.495 million dollar bond package to add additional parking, new bleachers, new concession stand/restroom facilities, replace the hike and bike trail, sod and irrigate the infields, and install improved lighting. The City has also received a grant award from Collin County in the amount of $267,500 for the trail construction and a restroom facility for the soccer/football area. Approved By Initial Date Department Director MS 11/3/09 City Manager f I\ U( b )� Page 1 of 1 Wylie CommunIty Park PrelimMary Project Schedule October 5,2009 ;Sep Oct '.Nov DVc Jan Feb Mar Apr May I Jun -J l A914 Sep Oct Nov Dec Jar Feb -DAar Apr Adny Jun Jui i ID Task Name Duration Start Finish - - - - - t 2 3 Wyhe Community Park 731 days Wed 9/2/09 Fri 9/2/11 4 Notice to Proceed(estimated) 1 day Toe.11/10/09 Toe 11/10/09 5 Master Planning and City Meerngs 90 days Wed 11n 1/09 Mon 2/6/10 6 Desgn Survey 70 days Wed 11/11/09 Toe 1/19/10 111111111111111111111.1 i 7 2009 Fall Sped Season 90 days Wed 9/2/09 Mon 11/30/09 111.1101111111111 e 2010 Baseball Season 71 days Sat 3/27/10 Sat 615/10 9_.I Preliminary Plans 110 days Wed 1/20/10 Sun 5/9/10 10 Crty Staff Review 30 days Mon 5/1000 Tue 618/10 IMF t I ) 11 Final Plans/Bidding 90 days Wed 6/9/10 Mon 9/6/10 12 2010 Fall Sports Season 91 days Wed 911/10 Tue 11/30/10 13 Conshucoon Concessions 1 Plaza t lighting 100 days Wed 1211/10 Thu 3/10/11 • 14 Construction Paring/Trati 100 days Wed 1211/10 Thu 3/10/11 r;r�ore i. 15 2011 Baseball Season 71 days Sat 3/26/11 Sat 6/411,. 16 '. Construction Field Turf-Irrigation/Grow-in 90 days Sun 61511 Fs 912/11 I Page 1 M TEAGUE NALL AND PERKINS Civil Engineering Surveying Landscape Architecture Planning AGREEMENT FOR PROFESSIONAL SERVICES PROJECT NAME: Community Park Improvements CONSULTANT PROJECT NUMBER: WYL09204 CLIENT: City of Wylie ADDRESS: Attn: Mr. Mike Sferra Public Services Director 949 Hensley Lane Wylie, TX 75098 THIS AGREEMENT is made and entered into by and between the City of Wylie, Texas, a Home-Rule Municipal Corporation ("City"), and Teague Nall and Perkins, Inc. ("Consultant"), to be effective from and after the date as provided herein ("Agreement'). Article 1 AGREEMENT PROVISIONS Agreement provisions are attached hereto as Exhibit "A" and incorporated herein for all purposes. Article 2 SCOPE OF SERVICES Provide site planning, civil engineering, architecture, electrical, and landscape design services for the Community Park Improvements Project as identified in the 2005 Wylie Bond Program ("Project"). A detailed scope of services is attached hereto as Exhibit "B" and incorporated herein for all purposes. Article 3 COMPENSATION 3.1 BASIC SERVICES: The City agrees to pay the Consultant a fixed fee of two hundred and eight thousand and 00/100 dollars ($208,000.00) for Basic Services as outlined in Exhibit "B". Compensation is based upon the design of selected Project improvements that are within the available total Project funding as stated. Basic Services shall be billed monthly based on the percentage of work complete. Concept alternates, exhibits, presentation prep, and public meetings attendance $ 36,500.00 Engineering site design $ 106,500.00 Architectural design $ 32,000.00 Field Design Survey $ 16,000.00 Lighting Design $ 17,000.00 561954-1 3.2 ADDITIONAL SERVICES: Shall be any service provided by the Consultant which is not specifically included in Basic Services, or design services for park improvements selected by the City that exceed the available funding as provided herein. Additional Services shall include, but shall not be limited to those listed in Exhibit "B", Section G. Additional Services shall be reimbursed at standard Consultant hourly rates or Consultant standard rates for direct expense items provided in-house, or direct expenses times a multiplier of 1.10 for non-labor and subcontract charges. 3.3. PAYMENT TERMS: City shall be billed monthly for services rendered and pay promptly upon receipt of invoice. Delays of transmitting payments to Consultant more than thirty (30) days from invoice date may result in cessation of services until payment is received. Article 4 SCHEDULE The proposed services shall begin within ten (10) working days of authorization to proceed. Consultant shall endeavor to provide services in accordance with the provided preliminary schedule, dated October 2009. It is understood that Consultant's ability to perform the scope of services is dependent upon timely receipt of information supplied by others. Adjustments in schedule will be required should additional services be requested or should information or reviews be delayed, so long as submissions are in accordance with a normal industry standard of care for such submittals. Consultant is not responsible for delays resulting from review or permitting times, nor from other scheduling delays not caused by the Consultant. Article 5 AGREEMENT DOCUMENTS AGREEMENT DOCUMENTS: The "Agreement Documents", as that term is used herein, shall include the following documents, and this Agreement does hereby expressly incorporate same herein as if fully set forth verbatim in this Agreement: A. This Agreement; B. Agreement Provisions, attached hereto as Exhibit "A"; C. Scope of Services, attached hereto as Exhibit"B"; D. City of Wylie Insurance Guidelines, attached hereto as Exhibit "C"; and E. Conflict of Interest Questionnaire, attached hereto as Exhibit "D". To the extent that Exhibit "A" or Exhibit "B" or Exhibit "C" or Exhibit "D" are in conflict with provisions of this Agreement or each other, the provisions of this Agreement, then the provisions of Exhibit "A", shall prevail in that order, followed by Exhibit"B" and Exhibit"C" and Exhibit "D". ARTICLE 6 OWNERSHIP OF DOCUMENTS 561954-1 6.1 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 "B." Upon completion of the work, or any earlier termination of this Agreement under Article 10 and/or the Agreement Provisions, Consultant will revise plans, data, documents, maps, and any other information as defined in Exhibit "B" to reflect changes while working on the Project through the date of completion of the work, as solely determined by City, or the effective date of any earlier termination of this Agreement under Article 10 and/or the Agreement Provisions, and 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. Any reuse of the documents not relating to the Project shall be at the City's own risk. 6.2 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 7 CONSULTANT'S INSURANCE REQUIREMENTS 7.1 Required General Liability Insurance — Consistent with the terms and provisions of Exhibit "C," City of Wylie Contractor Insurance Guidelines, Consultant shall maintain, at no expense to City, a general liability 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. 7.2 Required Professional Liability Insurance — Consistent with the terms and provisions of Exhibit "C," City of Wylie Contractor Insurance Guidelines, 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 claim, and Two Million and 00/100 Dollars ($2,000,000.00) in the aggregate. 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. 7.3 Required Workers Compensation Insurance — Consistent with the terms and provisions of Exhibit "C," City of Wylie Contractor Insurance Guidelines, Consultant shall maintain, at no expense to City, all Statutory Workers Compensation Insurance as required by the laws of the State of Texas. Such 561954-1 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 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. 7.4 Circumstances Requiring Umbrella Coverage or Excess Liability Coverage — If Project size and scope warrant, and if requested by the City of Wylie, 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), per occurrence. 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 8 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. ARTICLE 9 AUDITS AND RECORDS /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. 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 CIQ, attached hereto as Exhibit "D" and incorporated herein for all purposes. ARTICLE 10 TERMINATION OF AGREEMENT/ REMEDIES As provided for in the Agreement Provisions, either Party may, upon ten (10) 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. 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. 561954-1 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. ARTICLE 11 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 12 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 ATTORNEY'S FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), TO THE EXTENT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL WRONGFUL ACT AND/OR OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM CONSULTANT IS LEGALLY RESPONSBILE, 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, 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 SIGNS A JUDGMENT THAT BECOMES FINAL AND NON-APPEALABLE, DETERMINING 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 (THE "JUDGMENT"), THEN CONSULTANT IS NOT REQUIRED TO INDEMNIFY OR DEFEND THE CITY TO THE EXTENT OF THE NEGLIGENCE APPORTIONED TO THE CITY FOR EACH CAUSE(S) OF ACTION IDENTIFIED IN THE JUDGMENT. IN THE EVENT THE JUDGMENT PROVIDES THAT CITY IS JOINTLY, CONCURRENTLY, OR SOLELY NEGLIGENT FOR THE CLAIMS REFERRED TO THEREIN, CITY AGREES TO REIMBURSE CONSULTANT FOR ALL REASONABLE AND NECESSARY COSTS INCURRED AND PAID BY CONSULTANT THAT ARE ATTRIBUTABLE TO CITY'S PERCENTAGE OF JOINT, CONCURRENT, OR SOLE NEGLIGENCE, AS SET FORTH IN THE JUDGMENT, INCLUDING REASONABLE AND NECESSARY ATTORNEY'S FEES AND EXPENSES, TO CONSULTANT WITHIN SIXTY (60) DAYS OF THE DATE OF THE JUDGMENT (THE "REIMBURSEMENT 561954-1 ALLOCATION"). 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. ARTICLE 13 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 of Wylie Attn: City Manager 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: Teague Nall and Perkins, Inc. Attn: Mark J. Holliday, P.E. 12160 North Abrams Road Suite 508 Dallas, Texas 75243 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 14 MISCELLANEOUS 14.1 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 of 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. 14.2 Successors and Assigns — City and Consultant, and their partners, assigns, successors, subcontractors, executors, officers, agents, employees, representatives, and administrators are hereby 561954-1 bound to the terms and conditions of this Agreement. 14.3 Severability— In the event 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. 14.4 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. 14.5 Execution / Consideration — This Agreement is executed by the parties hereto without coercion or duress for any substantial consideration, the sufficiency of which is forever confessed. 14.6 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 and on behalf of the party for which his or her signature appears, that there 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. 14.7 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. 14.8 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. 14.9 Multiple Counterparts —This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 14.10 Sovereign Immunity — The parties agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 14.11 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. 14.12 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. 14.13 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. 14.14 Indemnity— The parties agree that the Indemnity provision set forth in Article 12 herein is conspicuous and the parties have read and understood the same. 14.15 Appropriation of Funds — Funds are not presently budgeted for City's performance under this Agreement beyond the end of the City's 2009-2010 fiscal year. City will give Consultant sixty days (60) notice if funds for City's performance are not budgeted to continue beyond that time. City shall have no 561954-1 liability for payment of any money for services performed after the end of City's 2009-2010 fiscal year unless and until such funds are budgeted. IN WITNESS, WHEREOF, we, the contracting parties, by our duly authorized agents, hereto affix our signatures and seals as of this the_day of November, 2009. Approved by CITY: Accepted by CONSULTANT: City of Wylie Teague Nall and Perkins, Inc. By: By: Title: Title: Date: Date: By: Title: Date: 561954-1 Exhibit "A" AGREEMENT PROVISIONS 1. AUTHORIZATION TO PROCEED method for dispute resolution between the parties to those agreements. Signing this Agreement shall be construed as authorization by CITY for CONSULTANT, to proceed with the work, unless otherwise provided for in this 9. LEGAL EXPENSES Agreement. In the event legal action is brought by CITY or CONSULTANT against the other to enforce any of the obligations hereunder or arising out of any dispute concerning 2. LABOR COSTS the terms and conditions hereby created,the losing party shall pay the prevailing CONSULTANT,Labor Costs shall be the amount of salaries paid CONSULTANT, party such reasonable amounts for fees,costs and expenses as may be set by the employees for work performed on CITYS Project plus a stipulated percentage of court. such salaries to cover all payroll-related taxes,payments,premiums,and benefits. 10. PAYMENT TO CONSULTANT 3. DIRECT EXPENSES Monthly invoices will be issued by CONSULTANT for all work performed under the CONSULTANT,Direct Expenses shall be those costs incurred on or directly for the terms of this Agreement. Invoices are due and payable on receipt. If payment is CITY's Project,including but not limited to necessary transportation costs including not received within thirty(30)days of invoice date,all work on CITY's project shall mileage at CONSULTANT,current rate when its,or its employee's,automobiles are cease and all work products and documents shall be withheld until payment is used, meals and lodging, laboratory tests and analyses,computer services,word received by CONSULTANT. Time shall be added to the project schedule for any processing services,telephone,printing and binding charges. Reimbursement for work stoppages resulting from CITY's failure to render payment within 30 days of these expenses shall be on the basis of actual charges when furnished by invoice date.Interest at the rate of 1%2%per month will be charged on all past-due commercial sources and on the basis of usual commercial charges when furnished amounts,unless not permitted by law,in which case,interest will be charged at the by CONSULTANT. highest amount permitted by law. 4. OUTSIDE SERVICES 11. ADDITIONAL SERVICES When technical or professional services are furnished by an outside source,when Services not specified as Basic Services in Scope and Attachment"B" will be approved by CITY, an additional amount shall be added to the cost of these provided by CONSULTANT as Additional Services when requested by City.The services for CONSULTANT,Inc.'s administrative costs,as provided herein. City agrees upon execution of this Agreement that written authorization will be required before proceeding.Additional services will be paid for by City as indicated 5. OPINION OF PROBABLE COST in Article 3,Compensation In providing opinions of probable cost,the CITY understands that CONSULTANT has no control over costs or the price of labor,equipment,or materials,or over the 12. SURVEYING SERVICES Contractor's method of pricing,and that the opinions of probable cost provided to In accordance with the Professional Land Surveying Practices Act of 1989,the City CITY are to be made on the basis of the design professional's qualifications and is informed that any complaints about surveying services may be forwarded to the experience. CONSULTANT makes no warranty, expressed or implied,as to the Texas Board of Professional land Surveying, 12100 Park 35 Circle, Building A, accuracy of such opinions as compared to bid or actual costs. Suite 156,MC-230,Austin,Texas 78753,(512)239-5263. 6. PROFESSIONAL STANDARDS 13. LANDSCAPE ARCHITECT SERVICES CONSULTANT shall be responsible, to the level of competency presently The Texas Board of Architectural Examiners has jurisdiction over complaints maintained by other practicing professional engineers in the same type of work in regarding the professional practices of persons registered as landscape architects the State of Texas, for the professional and technical soundness, accuracy, and in Texas. The City is informed that any complaints about landscape architecture adequacy of all design, drawings, specifications, and other work and materials services be forwarded to the Texas Board of Architectural Examiners, Hobby furnished under this Agreement. CONSULTANT makes no other warranty, Building:333 Guadalupe,Suite 2-350,Austin,Texas 78701,Telephone(512)305- expressed or implied. 9000,Fax(512)305-8900. 7. TERMINATION 14. INVALIDITY CLAUSE Either CITY or CONSULTANT may terminate this Agreement by giving ten (10) In case any one ore more of the provisions contained in this Agreement shall be days written notice to the other party. In such event CITY shall forthwith pay held illegal,the enforceability of the remaining provisions contained herein shall not CONSULTANT in full for all work previously authorized and performed prior to be impaired thereby. effective date of termination. If no notice of termination is given,relationships and obligations created by this Agreement shall be terminated upon completion of all 15. PROJECT SITE SAFETY applicable requirements of this Agreement. CONSULTANT has no duty or responsibility for project site safety. 8. MEDIATION 16. CONSTRUCTION MEANS AND METHODS JOBSITE SAFETY In an effort to resolve any conflicts that arise during the design or construction of Means and methods of construction and jobsite safety are the sole responsibility of the project or following the completion of the project, the CITY and the the contractor. CONSULTANT agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbonding mediation unless the parties 17. DRAINAGE CLAUSE mutually agree otherwise. CONSULTANT, in the performance of its services may be required to assess the impact of the Project on neighboring property owners. The parties to this The CONSULTANT further agree to include a similar mediation provision in all Agreement recognize that the development of real property has the potential to agreements with independent contractors and Consultants retained for the project increase water runoff on downstream properties,and that such increase in runoff and to require all independent contractors and Consultants retained also to include increases the possibility of water damage to downstream properties. a similar mediation provision in all agreements with subcontractors,subconsultants, suppliers or fabricators so retained,thereby providing for mediation as the primary 561954-1 EXHIBIT "B" ITEMIZED SCOPE OF SERVICES Teague Nall and Perkins, Inc., (Consultant) shall render the following professional services (BASIC SERVICES) necessary for the development of the Project. The following presents the chronological order of tasks to be completed with corresponding deliverables. A. Review of Current Community Park Facilities and Bond Improvement Plan Task 1 - Consultant will evaluate the current Community Park facilities relative to the proposed improvements in the 2005 Wylie Bond Program. The site will be evaluated for appropriate improvements in an effort to best match the bond committee recommendations with community needs and bond funding of one million four hundred ninety-five thousand and 00/100 dollars ($1,495,000.00). In addition to the bond funding, the City received additional funding from Collin County in the amount two hundred sixty-seven thousand five hundred and 00/100 dollars ($267,500.00). Thus the total budget for the project shall be considered one million seven hundred sixty-two thousand five hundred and 00/100 dollars ($1,762,500.00). The desired improvements are focused on the athletic field facilities and overall access/parking for Community Park, including: • Parking and Trail - concrete trails, • Baseball Concession Stand / Restrooms • Baseball Field Sod • Athletic Field Bleachers and Lighting — replace baseball/softball field lights, • Park Landscaping • Irrigation • Football Field Restroom Facility It is understood that a limited amount of funding is available for the total project. Consultant and City shall determine the most optimal group of Project improvements to design so that anticipated construction costs remain within the funding limits as much as possible. Task 2 — A park user/stakeholder meeting will take place in conjunction with a Park Board meeting to solicit community input, and include representatives from the City Parks Department, City Council, and Wylie sports leagues. This will provide an opportunity to collectively confirm the goals and objectives previously determined which are still valid and/or the opportunity to modify and set new goals and objectives which will be used to establish a list of priorities. Task 3 - The priorities will be incorporated into an updated schematic Community Park master plan (2-3 layout variations) with conceptual construction cost estimates that will be presented to City Council and Park Board. The City will consider the variations and authorize Consultant to proceed into construction plan preparation that conforms to the modifications recommended by the City. The City will authorize Consultant to proceed into design and construction plan preparation for selected improvements. B. Design Survey Consultant will provide design/topographical survey within the boundaries of Community Park, specifically limited to the existing facilities listed in Section A Task 1 above, and generally limited to the area shown on the attached exhibit to the appropriate level of detail necessary for design. Survey of horizontal and vertical datum will reference City of Wylie control monuments. Survey shall locate relevant property corners if accessible for the purpose of confirming available space for improvements; however, scope does not include detailed property boundary/title research or boundary survey. Consultant shall use survey/plat drawings recently prepared by the City for basis of actual boundary lines, corner 561954-1 verifications, and location of existing easements. Areas within the limits of the existing baseball fields and interior plazas will include topographic survey that collects sufficient data to develop six inch contours. All design survey will include horizontal and vertical location of existing above ground features and visible utility appurtenances including, but not limited to, existing pavement, trees within plaza corridors, water valves/meters, fire hydrants, inlets, and storm drain/wastewater manholes. Existing trees along the south and west property lines will also be located. DIG TESS will be requested by the City to mark underground utility services for survey crews to locate horizontal location of their facilities. This specifically includes existing Explorer Pipeline and Atmos Gas lines that are known to be within the park site. Detailed subsurface utility engineering (SUE) surveys are not included. Additional topographic survey of properties or park facilities/areas beyond those shown is not included. Survey shall establish control for construction; however, construction staking is not included in this scope of work and shall be the responsibility of the contractor. C. Design Elements Through review of the schematic variations, the City will have selected one preferred option with proposed improvements that conform to budgetary limitations, including anticipated funding from the 2005 Bond Program and Collin County grants. Consultant will proceed into design and plan preparation based upon the agreed upon layout of improvements. Consultant will coordinate with Atmos Gas and Explorer Pipeline regarding design and permitting of proposed improvements within the existing easements. Any further additions to the proposed improvement plan once design has started will be considered additional services. Plans will include design of parking improvements in accordance with the agreed upon concept plan and City design requirements, with a goal of approximately 300-400 parking spaces, and meet TDLR requirements. Also included will be design of a new concrete trail to replace the existing asphalt trail. The new trail will be 8'- 10' wide depending on budgetary constraints. The trail revisions will include all existing routes around and within the baseball and t-ball field complex, adjacent to the new parking facilities, and east side of existing football fields. The park landscape plan will incorporate a native/adaptable plant palette and design to enhance the park experience while being conscious of minimal maintenance requirements. Plans will include reconstruction of the restroom/concession facility, and necessary water/sewer and electrical improvements per the following architectural scope: • Architect will meet with Consultant and City as described in Section A. • Architect will provide Schematic Design drawings (floor plan and exterior elevations) for Consultant and City review and approval • Upon approval of Schematic Design, Architect will provide Design Development drawings (including MEP and Structural) for Consultant and City review and approval • Upon approval of Design Development drawings, Architect will provide Construction Documents and Specifications for: • Architectural requirements • Structural requirements • Mechanical, Electrical, and Plumbing (MEP) requirements • Architect's and Architect's Consultants' scope extends to 5' outside of building envelope. • Architect's documents will be included in Consultant's overall set of Construction Documents. • Architect will provide the following during the Bidding and Construction Observation phases of the project: • Architect will answer questions from bidders regarding clarifications to the Drawings and Specifications • Architect will attend (if necessary) a pre-bid conference to answer questions from bidders • Architect will provide documentation for Addenda (if required). • Architect will provide documentation for Change Orders (if required). • Architect will provide six (6) trips to the job site to observe the construction progress, including a final punch list/final observation trip for acceptance of the completion of construction. 561954-1 Plans will include design of baseball field improvements, including the following: • Demolition plan for each field area as shown on the agreed upon concept plan • New grading plan for each field area proposed for improvements • The design intent for each field area is to be low maintenance. This will be done by maximizing turf areas and minimizing skinned (dirt) areas. • Irrigation plans will be included to meet the needs of the new turf surfaces. It is anticipated that existing irrigation systems will not be included in the new system and be removed when necessary. • Although the improvements will pertain primarily to the playing surfaces, it is likely that two outfield fences will be relocated inward, and possibly one backstop and dugout fencing will be relocated to accommodate proposed plaza areas and restroom/concession facilities. • Existing bleachers will be replaced to meet more current seating capacity and safety needs. • Included will be pertinent details as related to the construction of the playing surfaces and a written performance specification for the laser grading of the project, and other written standard specifications as required for the project. Plans will include design of field lighting improvements in accordance with City ordinances and sports field standards. It is anticipated that many existing foundations will not be used in their current location and that new foundations will be constructed. The scope of lighting improvements will be defined as follows: • Attend up to three (3) design/coordination meetings. • Site investigation to identify existing conditions. • Electrical demolition drawings as required. • Coordination with local utility company to provide upgraded electric service to the site if required. • Site Plan showing electrical power distribution, service and distribution equipment. • Lighting and power design for four (4) baseball fields. • Lighting levels shall be designed to 50fc infield and 30fc outfield "maintained," A point-by-point foot- candle printouts will be provided for the new fields. • Parking lot, walkway, warm up and security lighting shall be provided. • Power and controls for Scoreboards. • Electrical service feeder to (1) new Restroom/Concession building. • Provide specifications required by incorporation on the drawings or in 81/2" x 11"format. • Construction Phase Services included as part of Basic Services are submittal review, (2) construction site observations and engineering field reports. D. Deliverables Plans and construction estimates will be submitted at sixty percent (60%) complete (preliminary) for one review by the City. The Consultant shall be provided with all review comments from all required reviewing departments at a single plan review meeting/delivery. Upon receipt of all review comments, the Consultant shall commence preparation of ninety percent (90%) complete (final) plans and specifications for one review by the City. Consultant shall meet one time with City to discuss final comments, and commence preparation of 100% plans for bidding. City will provide one review prior to plan advertisement. Plan deliverables at each submittal shall be two full size (22"x 34") and two half size (11"x17") sets of plans for review. Up to twenty (20) sets of bidding documents will be produced for contractors. E. TDLR Submittals Consultant shall submit plans for TDLR review and provide payment for submittal/inspection fees, and be reimbursed by the City. 561954-1 F. Bid and Construction Phase Services This work will consist of providing assistance to the City during the City's administration of the bidding process and subsequent construction. The work by the Consultant will be limited as follows: a. The Consultant will assist the City in the advertisement of the Project for bid. The City shall bear the cost of advertisement. The Consultant shall provide the necessary printing of specifications and Agreement documents (up to 20 sets) for use in obtaining bids, awarding contracts, and constructing the Project. The Consultant shall be responsible for distributing all bid documents from its office to prospective bidders. b. The Consultant will attend three meetings with the City and prospective bidders: pre-bid, bid- opening, and pre-construction. c. The Consultant will prepare bid tabulations, and addendums required to address any issues requiring change, correction and/or clarification. d. After selection of Contractor(s) and award of contract(s) by the City, the Consultant will assist in the preparation of formal contract documents required to initiate construction. e. The Consultant will make occasional site visits to observe overall Project conditions, normally up to once a week during construction and monthly during establishment, or when specifically requested by City to visit on site for a particular matter. This function shall not be construed as supervision of the Project and does not involve exhaustive or continuous on-site inspection to check the quality or quantity of the work or material; nor does it place any responsibility on the Consultant for the techniques and sequences of construction or the safety issues incident thereto, and Consultant will not be responsible or liable in any degree for the Contractor's failure to perform the construction work in accordance with the Agreement Documents. f. The Consultant will review change orders as requested for City approval. g. The Consultant will, with assistance from the City's Inspector on the project(s), review and process monthly and final pay requests from the Contractor(s) to the Client. h. The Consultant will provide, in conjunction with the City, a final inspection and one follow-up of the project upon completion of initial construction and provide a "punch list" of deficient items to the Contractor(s) for items within the Consultant's design scope. G. Exclusions/Additional Services Services not specifically identified as Basic Services above shall be considered additional and shall be performed on an individual basis upon authorization by the City. Additional Services shall be reimbursed by the Client on an hourly reimbursable basis, unless otherwise mutually agreed. Such services shall include, but are not limited to, the following: • Preparation of presentation graphics and exhibits, other than those necessary for preparation of the updated Community Park master plan; • Design and plan preparation of additional park improvements that are selected by the City for inclusion in the plans that require additional funding. • Any additional meetings, presentations and field visits not specified in this scope of services; • Engineering design of retaining walls, soil conditioning plans, and water features, including retention/detention/sedimentation ponds, dams, or spillways; • Geotechnical soil testing or borings; • Construction staking; staking of floodplain or boundary lines; • Special floodplain studies for FEMA flood plain map amendments; • Additional reviews, revisions, and meetings other than those included in Basic Service above; • Design of water, sewer, and drainage facilities other than those necessary for the proposed concession/restroom facilities; • Traffic studies; • Environmental impact statements, evaluation or permitting related to TCEQ or the United States Army Corps of Engineers; • Preparation of easement or right of way documents; 561954-1 • Construction observation on-site services; • Development of more than one plan / specification packages for construction; • Re-bidding and/or changes in bid documents after initial bidding of the project (other than change orders during construction); • Design of any feature or improvement not specifically identified in Basic Services; • Revisions to layouts, alignments, and site plan once preparation of design plans begin; • Agreement services occurring beyond twenty-four (24) months of Agreement execution shall allow for Agreement amendment for additional compensation, for delays outside of the Consultant's control; • Survey and or design beyond the areas illustrated; • Platting and zoning preparation; • Property research and real property surveying for easements, right-of-ways or plats; • Preparation of real property acquisition/transfer documents or exhibits; • Trips and meetings beyond a fifty (50) mile radius of Wylie; and • Subcontract charges, photocopies, plan reproduction, computer charges, etc. not described in Basic Services. 561954-1 Exhibit"C" CITY OF WYLIE INSURANCE GUIDELINES I. REQUIREMENT OF GENERAL LIABILITY 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. 1. 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. 2. 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. 561954-1 Exhibit "D" CONFLICT OF INTEREST QUESTIONNAIRE 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 Receved 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. 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.) J 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. 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. .Ymeadea 01.13:2M5 561954-1 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 J Name of local government officer with whom filer has affilitation or business relationship. (Complete this section only if the answer to A,B,or C is YES.) This section,. item 5 including subparts A, 8. C & D. must be completed for each officer with whom the filer 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 filer of the questionnaire? Yes No 8. 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? Yes 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 No D. Describe each affiliation or business relationship. J Describe any other affiliation or business relationship that might cause a conflict of interest. J Signature of person doing business with the governmental entity Date Anie'dec 13t2COf 561954-1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 10, 2009 Item Number: 3 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: 443-5443-56570 Date Prepared: November 4, 2009 Budgeted Amount: Exhibits: Contract Subject Consider, and act upon, approval of a contract with Geo Marine Incorporated for the completion of Antiquities Permit#5296 for the construction of FM 1378 from FM 544 to Brown Street. Recommendation Motion to approve a contract with Geo Marine Incorporated for the completion of Antiquities Permit#5296 for the construction of FM 1378 from FM 544 to Brown Street. Discussion In 1999 Collin County funded the design of FM 1378 from FM 544 to Brown Street. The roadway was owned by the Texas Department of Transportation (TxDOT) and included some funding through the Federal Highway Administration and during the design process, environmental studies were completed which identified a historically significant site. TxDOT did not have sufficient funding for the construction of the project and as a result the City and County secured funding through the Regional Toll Revenue Funding Initiative. In January 2009 TxDOT released ownership of the roadway to the City of Wylie which accelerates the construction process and results in a lower construction cost. A cultural resource survey was completed in 2005 by PBS&J within the future right of way of FM 1378 at the Muddy Creek crossing. Additional testing was performed in 2006, 2007, and 2009 by Geo-Marine, Inc. (GMI). Prehistoric artifacts were found at the site dating back to between A.D 1000 — 1200 and the site has been recommended for inclusion in the National Register of Historic Places. Because the roadway is no longer owned by TxDOT, the Antiquities Permit associated with the site must be transferred to the City of Wylie and the loss of the site must be mitigate through additional data recovery efforts. The proposal from GMI includes the transfer of the responsibility for the Antiquities Permit, completion of excavation, report generation, curation of materials, and public outreach. The public outreach component includes the development of an exhibit to be displayed at City Hall as well as presentations at Wylie High School. The field excavation will be completed within 45 days after a notice to proceed and the completion of the final report and public outreach will be completed within a year. The paving project can be constructed once the excavation is complete. Total cost to complete the permit is $247,926.27. Page 1 of 2 Page 2 of 2 On October 13, 2009 Council approved an Interlocal Agreement with Collin County for participation in the funding to complete the permit. The agreement specifies that the County will provide 50% of the necessary funds and they considered the agreement on their November 9th meeting. Excess funds from the FM 1378 project in the 2005 City Bond program will be use to complete the antiquities permit. Approved By Initial Date Department Director CH 11/04/09 City Manager /1))))) I/ C f AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS (CITY) AND GEO-MARINE INCORPORATED (CONSULTANT) FOR PROFESSIONAL ENGINEERING SERVICES Made as of the day of in the year Two Thousand Nine: BETWEEN the City: The City of Wylie, Texas 2000 Hwy 78 North Wylie, TX 75098 and the Consultant: Geo-Marine, Inc. 2201 Ave. K Suite A2 Plano, TX 75074-5708 for the following Project: Completion of Antiquities Permit No. 5296, Data Recovery Site 41COL172 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 Geo- Marine Incorporated 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 complete the requirements to Antiquities Permit No. 5296, hereinafter referred to as "Project;" and 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: City of Wylie,Texas—Professional Services Agreement Page 1 of 29 562070.v1 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," including a proposed schedule, 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 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 March 1, 2011. 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 Prolect Data —The City shall furnish required information, that it currently has in its possession, as expeditiously as necessary for the orderly progress of the City of Wylie,Texas—Professional Services Agreement Page 2 of 29 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 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 lump sum basis, for an amount not to exceed Two Hundred Forty Seven Thousand Nine Hundred Twenty Six Dollars and 27/100 Dollars ($247,926.27), ("Consultant's Fee") and shall be paid in accordance with Article 3 and Project Billing / Project Budget as set forth in Exhibit "B." 3.1.1 Completion of Record Documents — City and Consultant agree that the completion of the Final Report regarding the Project, 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 Twelve Thousand Three Hundred Ninety Six and 31/100 Dollars ($12,396.13). Any electronic formatting associated with the Final Report shall be consistent with the standards established in Exhibit "C," City of Wylie Guidelines for Computer Aided Design and Drafting ("CADD"). Completion of the Final Report 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 City of Wylie,Texas—Professional Services Agreement Page 3 of 29 included in the Consultant's Fee and considered to be within the Scope of Services as defined under this Agreement. 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, Chapter 68 Texas Administrative Code , as it exists or may be amended (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 City of Wylie,Texas—Professional Services Agreement Page 4 of 29 with the applicable fees not later than fourteen (14) calendar days after the Consultant completes the submittal of the construction documents to TDLR. 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 review prior 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 Twelve Thousand Three Hundred Ninety Six and 31/100 Dollars ($12,396.13) 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. City of Wylie,Texas-Professional Services Agreement Page 5 of 29 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 be within the amounts as stated in the Compensation Schedule / Project Billing / Project Budget set forth in Exhibit "B," and consistent with Exhibit "D," City of Wylie Guidelines for Direct Expenses; General and Administrative Markup; Travel and Subsistence Expenses. The Consultant shall be solely responsible for the auditing and accuracy of all Direct Expenses, including those of its 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 over-payment. 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 set forth in Exhibit "B". 3.4 Invoices — No payment to Consultant shall be made until the Consultant tenders an invoice to the City. The Consultant shall submit monthly invoices for services rendered, based upon the actual percentage of work complete at the time the City of Wylie,Texas—Professional Services Agreement Page 6 of 29 invoice is prepared, or are to be mailed to City immediately upon completion of each individual task listed in the proposed schedule in Exhibit "A." On all submitted invoices for services rendered and work completed on a monthly basis, 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. 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 City of Wylie,Texas—Professional Services Agreement Page 7 of 29 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, 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 8, Consultant will revise plans, data, documents, maps, and any other information as defined in Exhibit "A" to reflect changes while working on the Project through the date of completion of the work, as solely determined by City, or the effective date of any earlier termination of this Agreement under Article 3 and/or Article 8, and 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. Any reuse of the documents not relating to the Project shall be at the City's own risk. 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 City of Wylie,Texas—Professional Services Agreement Page 8 of 29 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 General Liability Insurance - Consistent with the terms and provisions of Exhibit "E," City of Wylie Contractor Insurance Guidelines, Consultant shall maintain, at no expense to City, a general liability 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 Professional Liability Insurance - Consistent with the terms and provisions of Exhibit "E," City of Wylie Contractor Insurance Guidelines, 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 claim, and Two Million and 00/100 Dollars ($2,000,000.00) in the aggregate. 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 Required Workers Compensation Insurance - Consistent with the terms and provisions of Exhibit "E," City of Wylie Contractor Insurance Guidelines, 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 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 City of Wylie,Texas-Professional Services Agreement Page 9 of 29 States Certified Mail. Consultant shall furnish City with certificates evidencing such coverage prior to commencing work on the Project. 5.4 Circumstances Requiring Umbrella Coverage or Excess Liability Coverage — If Project size and scope warrant, and if identified on the checklist located in Exhibit "E," City of Wylie Contractor Insurance Guidelines, 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). 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. 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 "F" 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 "F." Consultant understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. City of Wylie,Texas—Professional Services Agreement Page 10 of 29 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 CIQ, attached hereto as Exhibit "G" 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. ARTICLE 9 DISPUTE RESOLUTION I 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 City of Wylie,Texas—Professional Services Agreement Page 11 of 29 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 ATTORNEY'S FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), TO THE EXTENT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL WRONGFUL ACT AND/OR OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM CONSULTANT IS LEGALLY RESPONSBILE, 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, 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 SIGNS A JUDGMENT THAT BECOMES FINAL AND NON-APPEALABLE, DETERMINING THAT THE CITY (WITHOUT City of Wylie,Texas—Professional Services Agreement Page 12 of 29 , , WAIVING ANY GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE NEGLIGENCE FOR THE CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS (THE "JUDGMENT"), THEN CONSULTANT IS NOT REQUIRED TO INDEMNIFY OR DEFEND THE CITY TO THE EXTENT OF THE NEGLIGENCE APPORTIONED TO THE CITY FOR EACH CAUSE(S) OF ACTION IDENTIFIED IN THE JUDGMENT. IN THE EVENT THE JUDGMENT PROVIDES THAT CITY IS JOINTLY, CONCURRENTLY, OR SOLELY NEGLIGENT FOR THE CLAIMS REFERRED TO THEREIN, CITY AGREES TO REIMBURSE CONSULTANT FOR ALL REASONABLE AND NECESSARY COSTS INCURRED AND PAID BY CONSULTANT THAT ARE ATTRIBUTABLE TO CITY'S PERCENTAGE OF JOINT, CONCURRENT, OR SOLE NEGLIGENCE, AS SET FORTH IN THE JUDGMENT, INCLUDING REASONABLE AND NECESSARY ATTORNEY'S FEES AND EXPENSES, TO CONSULTANT WITHIN SIXTY (60) DAYS OF THE DATE OF THE JUDGMENT (THE "REIMBURSEMENT ALLOCATION"). 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. 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: Chris Hoisted, P.E. City Engineer City of Wylie,Texas—Professional Services Agreement Page 13 of 29 Engineering Services Department City of Wylie Address Wylie, Texas City agrees that all notices or communication to Consultant permitted or required under this Agreement shall be delivered to Consultant at the following addresses: Duane E. Peter Vice President, Cultural Resources Division 2201 Ave. K Suite A2 Plano, TX 75074-5708 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 modified 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," Project Billing / Project Budget. 12.1.3 Exhibit "C," City of Wylie Guidelines for Computer Aided Design and Drafting (CADD). 12.1.4 Exhibit "D," City of Wylie Guidelines for Direct Expenses; General and Administrative Markup; Travel and Subsistence Expenses. 12.1.5 Exhibit "E," City of Wylie Contractor Insurance Guidelines. City of Wylie,Texas— Professional Services Agreement Page 14 of 29 12.1.7 Exhibit "F,"Affidavit. 12.1.8 Exhibit "G," 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 of 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 ! 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 and on behalf of the party for which his or her signature appears, that there 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 City of Wylie,Texas—Professional Services Agreement Page 15 of 29 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. 12.15 Indemnity — The parties agree that the Indemnity provision set forth in Article 10 herein is conspicuous and the parties have read and understood the same. 12.16 Appropriation of Funds — Funds are not presently budgeted for City's performance under this Agreement beyond the end of the City's 2009-2010 fiscal year. City will give Consultant sixty days (60) notice if funds for City's performance are not budgeted to continue beyond that time. City shall have no liability for payment of any money for services performed after the end of City's 2009-2010 fiscal year unless and until such funds are budgeted. 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,Texas—Professional Services Agreement Page 16 of 29 CITY CONSULTANT City of Wylie, Texas Geo-Marine, Inc. By: By: Mindy Manson Title: City Manager Title APPROVED AS TO FORM: Abernathy, Roeder, Bdyd, & Jo in, P.C. City of Wylie,Texas—Professional Services Agreement Page 17 of 29 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 BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED 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: City of Wylie,Texas— Professional Services Agreement Page 18 of 29 562070.v1 EXHIBIT "A" SCOPE OF SERVICES Agreement by and between the City of Wylie, Texas (City) and Geo-Marine Incorporated (Consultant) to complete the requirements to the Antiquities Permit No. 5296 in Wylie, Texas City of Wylie,Texas—Professional Services Agreement Page 19 of 29 562070.v1 XGMI cEo-MARINE INCORPORATED 2201 Avenue K,Suite A2,Plano,TX 75074-5708 ph:972.423.5480 fax:972.422.2736 www.geo-marine.coin 28 August 2009 Mr.Chris Hoisted,P.E. City Engineer 949 Hensley Lane Wylie,Texas 75098 SUBJECT: Geo-Marine Proposal for Completion of Antiquities Permit No.5296,Data Recovery Site 41 COL172 Dear Mr.Hoisted: Please find attached Geo-Marine's proposal for the completion of data recovery at site 41COL172 as stipulated in Antiquities Permit No.5296. Our proposal includes the following actions: • Tranfer of responsibility for the Antiquities Permit • Notification of completion of excavation • Completion of the field excavation • Analysis,report generation,and curation of all materials • Public outreach element . • Proposed Schedule I have also attached an Excel Workbook that includes three tabs: 1.Summary of Costs,2.Excavation Costs,and 3.Analysis,Report,and Public Outreach Costs. We can work with either a firm-fixed price contract or a time and materials contract. If you have any questions,please contact me at our Plano office. Sincerely, EL4C'- 4*. Duane E.Peter Vice President,Cultural Resources Division Cc: Ruben E.Delgado,P.E. ENVIRONMENTAL AND ENGINEERING SERVICES TEXAS I VIRGINIA I WASHINGTON I TENNESSEE J NORTH CAROLINA 1 NEW JERSEY I UTAH r PLAN FOR COMPLETION OF ANTIQUITIES PERMIT # 5296 DATA RECOVERY AT SITE 41COL172 Transfer of Responsibility for Antiquities Code Permit#5296 from TxDOT to City of Wylie Geo-Marine will compose a letter advising the Texas Historical Commission (THC) of the change in authority regarding the maintenance and construction of FM 1398 and requesting THC to note in their records that the City of Wylie should replace the Texas Department of Transportation(TxDOT)as the sponsoring owner. Completion of Field Excavation The research design accepted by TxDOT and the THC called for the controlled excavation of 16 m3 of archeological matrix. At the time of the order to cease excavation,approximately 5.0 m3 of site matrix had been removed,therefore,leaving approximately 11 m3 to remove. The large block excavation was then backfilled for safety reasons. Completion of the excavation of site 41COL172 will,therefore, involve the removal of the backfilled material in a limited area and the excavation of 11 m3 of archeological matrix. The excavation will take place by first removing approximately 1.5 m of overburden with a small trackhoe in a rectangular area measuring 15-x-10 m. This area will be centered over the 2009 block excavations and the 2007 Trench 9 excavations and will include at least two meters on any side to maintain safe working conditions for field crew during controlled excavations. In order to place the 15-x-10 m excavation block, the Project Archeologist will locate and mark the perimeter of the planned block by measuring from three datum points that were placed in the ground during the 2009 field season. Once the trackhoe excavation is complete, the Project Archeologist and four crew members will remove any remaining overburden with shovels and wheelbarrows in order to safely expose the previous excavations without causing unnecessary harm to the in situ cultural deposits that are known to be still within the unexcavated portion of the block. Controlled excavation will then focus on the remainder of the 2009 excavations that consist of 12 one-meter squares. Five additional one-meter squares will be placed and excavated adjacent to the 2007 excavations. All fill from the controlled excavations will be screened through '/+ inch hardware cloth in order to recover any artifacts contained within the excavation unit. Excavations will be conducted in 5-cm levels to allow the definition of vertical variability. Additionally, the maximum horizontal spatial provenience of recovered archeological materials will be a 50-x-50 cm quadrat within each one-meter unit. Piece-point plotting will be conducted with a total station and on level maps whenever possible. Controlled excavations will conclude after a total of 11 m3 of fill has been excavated. The entire excavation block will then be filled to level grade through the use of a small dozer. Formal Notification of Completion of Field Excavation Upon completion of the field excavation, Geo-Marine will compose a letter summarizing the excavation effort and requesting THC concurrence that the excavation portion of the Antiquities Permit is complete and that construction activities may proceed while the analysis and reporting is completed. Analysis and Generation of Report Geo-Marine will analyze all materials recovered to address the regional research questions presented in the original research design(Attachment I). Geo-Marine will supervise all analyses and will provide a complete report meeting or exceeding THC requirements and the Council of Texas Archeologists guidelines for reports. Ten copies of the report will be presented to the City of Wylie and the required two copies of the report and a CD-ROM with a tagged pdf of the report will be submitted to the THC. All artifacts and associated records will be curated at the Texas Archeological Research Laboratory at the University of Texas at Austin. The draft report will be submitted for review by the City and the THC, The THC usually needs 30 days for the review of such documents. 1 Public Outreach Element Geo-Marine, Inc. will work with the City Manager of the City of Wylie to develop a display regarding the finds at 41COL172. This display will be modular in design so that it may be used at City Hall and then rotated within the public library system. The display will focus on the Late Prehistoric inhabitants of the Wylie area. Geo-Marine also proposes to provide a presentation to selected classes at the nearby Wylie High School to acquaint local youth with the prehistory of the region. Proposed Schedule Transfer of Responsibility for Antiquities Permit ' within five days of NTP Completion of Field Excavation within 45 days of NTP Analysis and Generation of Draft Report within 210 days of end of fieldwork Receipt of THC comments within 30 days of draft report submission Production of Final Report within 45 days of receipt of comments Curation of all Materials within 45 days of final report submission Installation of Exhibit within 365 days of NTP Lectures at Wylie High School within 365 days of NTP ATTACHMENT 1 RESEARCH PLAN FOR MITIGATION OF SITE 41COL172 • Site 41COL172 The testing of site 41COL172 included the excavation of 14 deep backhoe trenches within the newly proposed ROW for the realignment of FM 1378. Based on the observed stratigraphy, surficial microtopography of the ROW,and the aerial photographs of the site area, it appears that a former filled channel of Muddy Creek is the southern boundary of the site (Figure 1). This filled paleochannel rings the western, southern, and eastern boundaries of an in situ alluvial terrace composed of the Pilot Point alloformation and the location of site 41COL172. A new bridge to be constructed for the realignment of FM 1378 would effectively truncate the southern half of the in situ terrace. The known extent of site 41COL172 within the ROW will be destroyed by these construction activities. The two seasons of excavation indicate that site 41COL172 is a Late Prehistoric site with excellent preservation of multiple components within the late Holocene sediments. Although the sttatigraphic relationships among the block excavations remain to be fully defined, it is apparent that a Late Prehistoric component dating to A.D. 1200-1300 is present. The temporal alignment of the earlier component within Block 4 is unknown at this time. The only known fact is that it predates the paleosol by a period of time and thus predates the cultural component or components associated with the paleosol. The presence of a single ceramic sherd attributable to the type Pennington Punctated-Incised has provided a tentative date range of roughly A.D. 1000-1200. These dates coincide well with the introduction of Caddo-related ideology into the area, if not Caddo explorers/immigrants themselves. This ceramic type is rare to uncommon,and its presence on such a seemingly small site is of particular interest. The presence of Perdiz and PerdizlAlba projectile points indicates that the timeframe for at least one component is more likely A.D. 1200-1300. The presence of the shell-tempered sherds is interesting,but they do little to tighten the chronology of the occupation. The preservation rate has allowed for the identification of many species of animals including bison and white-tailed deer. The bison remains are noteworthy because there are few sites containing such combinations of bison remains and early Caddo-influenced pottery documented within Northcentral Texas. The recovery of a utilized mussel shell fragment indicates prehistoric people on this site were engaged in activities that involved the use of mussel shells as tools of opportunity. The preservation level of the faunal assemblage is extremely good for Northcentral Texas; consequently, the site assemblage provides a level of information not normally encountered. Therefore,the contextual integrity of site 41COL172 is very good. In some areas,(e.g.,Block 4), the presence of isolable components is very clear, while in other areas (Blocks 2 and 3), separation of the components will require good interpretive skills. Nevertheless, the recovered data from site 41COL172 present a glimpse at one segment of the seasonal round of Late Prehistoric peoples within the Blackland Prairie region of Northcentral Texas. Significance of Site 41COL172 Establishing the significance of site 41COL172 required an assessment of whether or not the data potentially present within the site would allow researchers to address pertinent regional research domains (Pleasant et al. 2007). Table 1 provides a list of seven research issues and data sets relevant to understanding site 41COL172 and its role in the prehistory of Northcentral Texas. In addition,specific classes of materials necessary to contribute information to the research domain are identified. The right two columns provide an assessment of the level of expectation that additional excavations will have in terms of providing data relevant to the research issues. Each of the seven research domains is briefly discussed in this section. Table 1. Data Sets Available at Site 41COL172 to Address Research Domains Research Domain Research Required Data Set Potential 1.Regional Culture History Diagnostic artifacts High Radiocarbon dates(cultural deposits) Iligh 2,Paleoenvironmental Reconstruction Sediment texture and chemistry(from sediment samples) Collected Pollen potential(from sediment samples) Low Phytolith potential Unknown Snail species diversity(from sediment samples or flotation) Collected Macrobotanical remains(from sediment or flotation) Unknown Faunal remains potential High 3.Site Function Spatial pattern of artifacts High Investigation of possible house Unknown Identification of site function High 4.Settlement Pattern Structure Landscape setting Done Literature review Done S.Subsistence Pattern Macrobotanical(feature flotation) Unknown Faunal studies High Butchering/animal processing High 6. Technological Pattern Stone tool manufacture Medium 7.Identity and Regional Exchange and Interaction Ceramics Medium Distant lithic resources utilization Unknown Regional Cultural Chronology One of the most significant research potential of site 41COL172 relates to the refinement of the regional cultural chronology. The existence of single-component sites in the upper reaches of the East Fork of the Trinity River with in situ diagnostic material is a rarity. The majority of the regional understanding of prehistory is based on multicomponent sites with mixed assemblages. Site 4ICOL172 immediately establishes testable hypotheses, because artifact types and styles are often time transgressive. Thus,the site has the unique ability to test the pre-established regional date ranges for these diagnostic artifacts. Although site 41COL172 has multiple components, they are stratigraphically separated,which preserves some of the integrity originally put forth for single-component sites. For example, the ability to chronometrically anchor the Pennington Punctated-Incised sherd from site 41COL172 will assist in the understanding of when the extension of Caddo influence entered the area. ' I In order to further enhance the collective understanding of the regional cultural history, absolute dates will need to be associated with the diagnostic artifacts. Ideally,carbon from an annual plant from within feature contexts should be processed to obtain reliable chronometric dates. Several samples of datable carbon have been collected at site 41COL172 from this context within Feature 2, and carbon has been observed and collected in limited quantities from other areas of the site. The further collection of carbon for the purpose of radiocarbon dating must be a priority during the mitigation of site 41COL172. Paleoenvironmental Reconstruction The geomorphic field study,coupled with the radiocarbon dates as discussed above,will provide a temporal and environmental context for the archeological remains. Most of the studies can be derived from samples currently available from the test excavations. However, it is critically important that soil samples from the various geomorphic units be processed for texture and soil chemistry(organic carbon, calcium carbonates). These kinds of data provide insights into the nature of alluvial deposition and the extent of pedogenic transformation that have affected the sediments. It is strongly recommended that a sequence of samples paired from dated contexts be studied to provide this fundamental geomorphic baseline data for site 41COL172 where contextual integrity is good. Other proxies for environmental conditions are provided by plant pollen and phytolith (also known as bio-silica)remains that represent the preserved shape of plant cells. However,pollen is not generally well preserved in the alluvial sediments of Northcentral Texas, and phytolith morphology is still poorly understood as it relates to specific plant parts.Regardless,investigation into the presence and identification of pollen and phytoliths can provide basic information relating to the plant types present on site 41COL172.A limited set of samples will be analyzed to determine the potential for preservation. Snail diversity and density might be helpful in providing insights into past environmental conditions, since most species have a limited range of environmental tolerance. The processing of the 10-x-10-x-5-cm sediment samples previously collected from site 41COL172 may provide adequate information relating to localized environmental change. The success of this approach remains unassessed at this time, because the smallest species of snails may be susceptible to • various turbation processes. Collection and identification of macrobotanical and faunal remains should be given a high priority. Site 4ICOL172 clearly exhibits excellent preservation of the faunal assemblage. Although the presence of defined features at site 41COL172 indicates the potential for charred plant remains, preservation of macrobotanical remains is presently unknown. Thus, relevant samples are available for potential paleoenvironmental reconstruction. Flotation remains will be examined by Dr. Phil Dering for the presence of plant remains. The potential research value of the faunal assemblage includes the analysis of data relating to seasonality such as tooth eruption and wear from the deer and bison remains. These data are important for developing insights into the function of site 41 COLl72,and ultimately its role in the regional settlement system employed by Late Prehistoric peoples in Northcentral Texas. Site Function The determination of site function is critical to the placement of these sites within the overall settlement pattern of the Late Prehistoric period. Significant quantities of both artifacts and features in primary, isolable contexts are essential for determining site function. The excavations at site 41COL172 revealed a sizable quantity of cultural materials and the presence of several features within isolable contexts or within contexts that are interpretable. Collection of additional data from site 41CO.L172 would expand the understanding of both lithic and ceramic technology as they were practiced on site. The decorated ceramic sherd from site 41 COL172 may represent a trade vessel or a locally produced vessel. Excavation of the additional nearby units would provide the needed information to determine the factors behind the deposition of this sherd. For example, the McKellar hypothesis (Schiffer 1983:679) makes use of a correlation between the frequency and relative size of fragments from easily shattered materials to areas of primary use. The basic premise is that in the areas of primary use, "drop zones" frequently have higher proportions of smaller fragments,while"toss zones"tend to contain higher proportions of larger fragments. The same basic principle is often applied in lithic analysis, in that the locations with microdebitage present are more likely to be referred to as the 'mapping locale. Distributional analyses such as these may be conducted at site 41 COL172. Settlement Patterns Presently, it is hypothesized that site 41COL172 represents a type of hunting and animal processing station that may have been used on a cyclical basis. The ability of site 41 COL172 to provide information relating to the settlement patterns of the Late Prehistoric is directly connected to the understanding of the range of activities present on the site. Presently, the five _.......... block excavations provide a tantalizing glimpse of the range of activities represented The use of block excavation across the site will provide the necessary information to be able to identify the site function, and ultimately the site's role in the seasonal round of Late Prehistoric peoples. More importantly,examination of the raw materials used and the ceramic assemblage may reveal data important to an understanding of whether site 41COL172 represents the use of the area by a local population or by intruders from the Caddo region(Peter and McGregor 1988;Shafer 2006). Subsistence Practices The high level of preservation present at site 41COL172 provides a unique opportunity for the collection of a sizeable faunal assemblage. A sizeable faunal assemblage can be used to address research questions relating to subsistence practices through prey mortality analysis,consideration of foraging efficiency by prey choice as compared to diet breadth models and prey mortality,and the analysis of carcass exploitation(butchering procedures). The presence of such well-preserved fauna material indicates a high probability that floral evidence is likewise preserved on these sites. Consequently, the collection of sample columns for flotation from within these block excavations on site 41COL172 would provide the opportunity to capture and ultimately observe this material if present. One of the most significant questions in need of clarification relates to the presence of bison. There are only a few regional archeological sites dating to the Late Prehistoric with associated bison remains. Site 41COL172 has the opportunity to shed light on the relation between bison and Late Prehistoric peoples. Technological Patterns Technology and the processes prehistoric people used to convert raw materials into consumable goods is the basis for understanding behaviors of Late Prehistoric populations in the upper East Fork of the Trinity River. In light of the kinds of materials associated with these sites, future analysis should focus on issues relating to lithic and ceramic technologies. The ceramic sherd recovered from site 41COL172 possesses decorative motifs similar to those found farther east. The vessel type, paste, and method of construction indicate an East Texas influence. One of the questions that would help researchers better understand the nature of the relationship between local Late Prehistoric populations and Caddo peoples rests in the identification of the clay source(s)used to create this sherd. Recently, researchers have begun making strides toward identifying regional clay sources using instrumental neutron activation analysis (INAA). The faculties at the Missouri Research Reactor Center (MURR) at the University of Missouri have helped analyze the George C.Davis ceramic assemblage(Descantes et al. 2004). The analysis concluded that clays from multiple sources exhibiting potentially different ceramic recipes were used to make various Caddo pottery types. Thus, it is possible that Caddo potters reserved specific types of clays and/or combination of clays for specific types of vessels. Additional research is needed, but at present this avenue of research looks promising. One concern is that the similarities in the regional geology will prevent clear identification of isolated sources. Given the fact the Pennington Punctated-Incised ceramic type was defined at the George C.Davis site,it is possible that a comparable data set is presently available. If so,then this sherd could be analyzed and compared to the previously collected data to see if in fact it was fashioned using the same recipe. Thus, it could be possible to determine if the sherd from site 41COL172 was constructed with a recipe similar to that of other sherd assemblages in Texas through the results of INAA analysis. The Texas Archeological Research Laboratory is adding to this body of knowledge; it has completed the analysis of over 395 sherds from collections across Central Texas,including Caddo wares. Although results of these findings have not yet been published, undoubtedly the data will serve as an invaluable resource for clarifying some of the confusion relating to the distribution of ceramic wares in Central Texas. The analysis of the shard from site 41 COL172 could be added to and cross-referenced against these data as well. Another type of analysis that can be done is thin- sectioning of the ceramic sherd to determine construction technique and to confirm or negate the presence of a red-tinted exterior slip. Regional Exchange and Interaction There are no specific items that would be immediately labeled as exotics in the assemblage from site 41COL172. The absence of these remains limits insight into long-distance exchange. However, there are items present in the assemblage that represent exchange, for example, the ceramic sherd with decorative motifs. The type of exchange is presently unknown; it may represent a trade vessel or a locally manufactured ceramic vessel. More important in light of the recent publication of People of the Prairie: A Possible Connection to the Davis Site Caddo (Shafer 2006) is the issue of whether these sites merely represent outlier sites of Caddoan people to the east. The geographic distribution of artifacts that Shafer sees making up the southern Prairie Caddo model has no easily perceived corollary within the northern prairie. Caddoan traits have been previously noted at the Cobb-Pool site in Dallas County; however, Peter and McGregor(1988) argued that they represented trade or an adoption of ideas and not the actual movement of East Texas Caddo populations onto the prairie. Site 41COL172 offers additional data to apply to this important area of inquiry. As with the earlier investigations at the Cobb-Pool site (Peter and McGregor 1988), raw materials used for lithic and ceramic materials may be critical to this research issue. Summary Site 41COL172 is a multicomponent site cross-dated on the basis of recovered in situ diagnostic artifacts. The time ranges of these diagnostic artifacts overlap at the A.D. 1200-1300 timeframe. The site has the unique ability to address the majority of the research themes related to Northcentral Texas (see Table 1). Site 41COL172 can provide information that will aid in the reconstruction of paleoenvironments, regional culture history, settlement patterns, subsistence practices, lithic raw material use patterns, prehistoric technology pertaining to lithics and ceramics, intra- and interregional trade patterns, and insight into the complexities of the Late Prehistoric social systems. The assessment of the site has proven that conditions are favorable for above-average preservation of faunal material, resulting in the positive identification of bison remains. This fact further enhances the research potential of the site,because faunal preservation can also be used to address issues of paleoenvironmental reconstruction and regional prehistoric biogeography. Site 41 COL172 has the unique ability to address multiple questions about this time period because of the potential discreteness of the occupations and the excellent preservation. Nearly all of the sites reviewed during the literature search pertaining to this time period were multicomponent sites with various discussions about the extent of the admixture of the observed components. Site 41COL172, with discrete components, can provide useable data with the potential of addressing issues of subsistence and resource procurement,which the former sites fail to do. The site can also potentially address issues of identity, lithic technology, and ceramic technology. Additionally, site 41COL172 meets qualifications set forth in the Texas Historical Commission planning document,Archeology in the Eastern Planning Region, Texas:A Planning Document(Kenmotsu and Perttula 1993),that urges greater attention be given to small ephemeral sites with low artifacts densities but excellent contextual integrity. Therefore, site 41COL172 has been recommended as eligible for inclusion in the National Register of Historic Places. Given that the site will be directly impacted by proposed construction of FM 1382, it is recommended that the loss of the site be mitigated through additional data recovery efforts designed to collect information relevant to the research domains discussed above. This recommendation is made per requirements of 13 TAC 26.5(35), 13 TAC 26.20(1), and 13 TAC 26.20(1); and the NHPA, as amended. PROPOSED DATA RECOVERY STRATEGY FOR SITE 41COL172 The existing excavations at site 41 COL172 constitute approximately 20.75 m2 or 3 percent of the total site area. Although that percentage comprises a proportion of the site that is greater than some previous mitigation activities,the isolated 2-x-2-m units provide a very limited examination of portions of activity areas within the overall site area. The presently recognized distribution of artifact classes and features indicates that intrasite variability, both vertically and horizontally, exists. Additional data recovery should be conducted to maximize the data necessary to address the research domains discussed previously. The ability to examine isolable components and to expose complete activity areas is a desirable goal. Given that portions of activity areas have been examined already, it is apparent that expansion of the existing blocks would be the most efficient strategy for exposing complete activity areas. Yet,the decision concerning which blocks should be expanded and in which direction remains. Assuming reasonable resource constraints, it is estimated that approximately 20 m2 or approximately 16 m3 of site matrix can be excavated. Given the research needs of the region,this excavation should focus on those areas of the site where the individual components are most easily recognized and where feature contexts with dateable material are present. Feature contexts are also frequently the central point of activity areas. With this focus in mind,the following data recovery strategy is recommended. The first step will be the removal of approximately 1.4 m of overburden with a dozer in an area approximately 20-x-20 m square. This area will be centered on the line between Blocks 2 and 4 (Figure 2). Following the removal of the overburden, a cesium magnetometer survey will be conducted throughout the cleared area. Analysis of the data will focus on the identification of anomalies that likely reflect hearths, earth ovens, or concentrations of fire-cracked rock. Once anomalies are evaluated, initial excavation efforts will focus on selected anomalies. Selected units will also be excavated to trace the stratigraphy across the cleared area. Once the nature of the anomalies is determined,there will be a decision on the placement of new excavation blocks. The need to explore newly recognized activity areas will be balanced against the need to expand the previously excavated 2-x-2-m units. Excavation will also focus on those areas where components may be best recognized. Excavation of the additional blocks will be conducted in 5- cm levels to allow the definition of vertical variability. In addition the maximum horizontal spatial provenience of recovered archeological materials will be a 50-x-50-cm quadrat within each 1-x-1-m unit. Piece-point plotting will be conducted whenever possible. Levels will also follow the contours of the stratigraphic units rather than crosscutting slopes or depressions to ensure that stratigraphic contexts are not compromised. PROPOSED PUBLIC OUTREACH ELEMENT FOR SITE 41COL172 Geo-Marine, Inc. will work with the City Manager of the City of Wylie to develop a display regarding the finds at 41 COL172. This display will be modular in design so that it may be used at City Hall and then rotated within the public library system. The display will focus on the Late Prehistoric inhabitants of the Wylie area. Geo-Marine also proposes to provide a presentation to selected classes at the nearby Wylie High School to acquaint local youth with the prehistory of the region. TEXAS HISTORICAL COMMISSION real places telling real stories June 23,2009 Mr.Duane Peter Geo-Marine,Inc. 2201 K Avenue,Suite A200 Plano,TX 75074 Re: Project review under the Antiquities Code of Texas Data Recovery at Site 41 COL172,Collin County Texas Antiquities Permit Application#5296 Dear Colleague: Thank you for your Antiquities Permit Application for the above referenced project. This letter presents the final copy of the permit application from the Chief Deputy Executive Director of the Texas Historical Commission,the state agency responsible for administering the Antiquities Code of Texas. Please keep this copy for your records. Additionally,please note that the Antiquities Permit investigations require production of 20 copies of the final report,abstract form,to g_ed PDF CD and verification that any artifacts recovered and records produced during the investigations are curated at the repository listed in the permit. If you have any questions concerning this permit or if we can be of further assistance,please contact Lillie Thompson at 512/463-1858. The reviewer for this project is Mark Denton, 512/463-6096. Sincerely, • for Mark Wolfe Chief Deputy Executive Director MW/lft Enclosure Cc: Scott Pletka,Ph.D.,TxDOT RICK PERRY, GOVERNOR•JON T. HANSEN, CHAIRMAN•F.LAWERENCE OAKS, EXECUTIVE DIRECTOR P.O. BOX 12276•AUSTIN,TEXAS•78711-2276•P 512.463.6100•F 512.475.4872•TDD 1.800.735,2989•www.1hc.state.tx.us State of Texas TEXAS ANTIQUITIES COMMITTEE ARCHEOLOGY PERMIT# 5296 This permit is issued by the Texas Historical Commission, hereafter referred to as the Commission, represented herein by and through its duly authorized and empowered representatives. The Commission, under authority of the Texas Natural Resources Code, Title 9, Chapter 191, and subject to the conditions hereinafter set forth, grants this permit for: Data Recovery To be performed on a potential or designated landmark or other public land known • Title: Data Recovery at Site 41COL172 County: Collin Location: 41 COL172 is located 1.8 miles due west of Wylie along FM 1378 at Muddy Creek Owned or Controlled by: (hereafter known as the Permittee): Texas Department of Transportation 125E 11thStreet Austin,Tx 78701 Sponsored by(hereafter known as the Sponsor Texas Department of Transportation 125 E. 11 th Street • Austin, Tx 78701 The Principal Investigator/nvestigation Firm representing the Owner or Sponsor is: Duane Peter Geo-Marine,Inc. 2201 K Avenue,Suite A2 Plano, TX 75074 This permit is to be in effect for a period of: 5 Years and 0 Months and Will Expire on: 06/03/2014 During the preservation, analysis, and preparation of a final report or until further notice by the Commission, artifacts, field notes, and other data gathered during the investigation will be kept temporarily at: Geo-Marine,Inc. Upon completion of the final permit report,the same artifacts, field notes, and other data will be placed in a permanent curatorial repository at: • Texas Archeological Research Lab. Scope of Work under this permit shell consist of: Controlled excavation of 20 square meters,complete analysis of artifacts assemblage,and production of draft and final report. ARCHEOLOGY PERMIT# 5296 This permit is granted on the following terms and conditions: I) This project must be carried out in such a manner that the maximum amount of historic, scientific,archeological, and educational information will be recovered and preserved and must include the scientific, techniques for recovery, recording, preservation and analysis commonly used in archeological investigations. 2) The Principal Investigator/lnvestigation Finn,serving for the Owner/Permittee and/or the Project Sponsor,is responsible for insuring that specimens, samples, artifacts, materials and records that are collected as a result of this permit are appropriately cleaned, and cataloged for curation. These tasks will be accomplished at no charge to the Commission, and all specimens, artifacts, materials,samples, and original field notes, maps, drawings, and photographs resulting from the investigations remain the property of the State of Texas, or its political subdivision, and must be curated at an appropriate repository. Verification of curation by the repository is also required,and duplicate copies of any requested records shall be furnished to the Commission before any permit will be considered complete, 3) The Principal Investigator/Investigation Firm serving for the Owner/Permittee, and/or the Project Sponsor is responsible for the publication of results of the investigations in a thorough technical report containing relevant descriptions, maps, documents, drawings,and photographs.A draft copy of the report must be submitted to the Commission for review and approval.Any changes to the draft report requested by the Commission must be made or addressed in the report, or under separate written response to the Commission. Once a draft has been approved by Commission, twenty(20)copies of the final report shall be furnished to the Commission. 4) If the Owner/Permittee;Project Sponsor or Principal Investigator/investigation Finn fails to comply with any of the Commission's Rules of Practice and Procedure or with any of the specific terms of this permit, or fails to properly conduct or complete this project within the allotted time, the permit will fall into default status and/or the Commission may cancel the permit until such time that the terms of the permit are properly completed. Notification of Cancellation shall be sent to the Owner/Permittee and the Principal Investigator/Investigation Firm,and all work associated with the permit must then stop immediately upon receipt of the notice. Notification of Default status shall be sent to the Principal Investigator/Investigation Firm, and the Principal investigator will not be eligible to be issued any new permits until such time that the conditions of this permit are complete. 5) The Owner/Penmittee, Project Sponsor, and Principal investigator/Investigation Firm,in the conduct of the activities hereby authorizes, must comply with all laws, ordinances and regulations of the State of Texas and of its political subdivisions including, but pot limited to, the Antiquities Code of Texas;they must conduct the investigation in such a manner as to afford protection to the rights of any and all lessees or easement holders or other persons having an interest in the property and they must return the property to its original condition insofar as possible, to leaves it in a state which will not create hazard to life nor ti contribute to the deterioration of the site or adjacent lands by natural forces. 6)Any duly authorized and empowered representative of the Commission may, at any time, visit the site to inspect the fieldwork as well es the field records,materials, and specimens being recovered. 7)For reasons of site security associated with nautical historical resources, the Project Sponsor(if not the Owner/Permittee), Principal investigator, and Investigation Firm shall not issue any press releases,or divulge to the news media, either directly or indirectly,information regarding the specific location of, other information that might endanger those resources, or their associated artifacts without first consulting with the Commission, and the State agency or political subdivision of the State that owns or controls the land where the resource has been discovered. 8) This permit may not be assigned by the Principal Investigator/investigation Firm, Owner/Permittee, or Project Sponsor In whole, or in part to any other individual,organization, or corporation not specifically mentioned in this permit without the written consent of the Commission. 9)Hold Harmless: The Owner/Permittee hereby expressly releases the State and agrees that Owner/Permittee will hold harmless,indemnify, and defend(including reasonable attorneys fees and cost of litigation)the State, its officers, agents, and employees in their official and/or individual capacities from every liability,loss, or claim for damages to persons or property, direct or indirect of whatsoever nature arising out of, or in any way connected with, any of the activities covered under this permit.The provisions of this paragraph are solely for the benefit of the State and the Texas Historical Commission and are not intended to create or grant any rights, contractual or otherwise,to any other person or entity. 10)Addendum: The Owner/Permittee, Project Sponsor and Principal Investigator/Investigation Firm must abide by any addenda hereto attached. Upon a finding that it is in the best interest of the State,this permit is issued on 06/03/2009. es .Bruseth,for the T s Historical Commission EXHIBIT "B" PROJECT BILLING/PROJECT BUDGET Agreement by and between the City of Wylie, Texas (City) and Geo-Marine Incorporated (Consultant) to complete the requirements to the Antiquities Permit No. 5296 in Wylie Texas City of Wylie,Texas—Professional Services Agreement Page 20 of 29 PROJECTED BUDGET FOR COMPLETION OF ANTIQUITIES PERMIT #5296 DATA RECOVERY SITE 41 COL172 FIELD EXCAVATION $63,490.11 ANALYSIS/REPORT/PUBLIC OUTREACH $184,436.16 TOTAL $247,926.27 1 1 . 1 Geo-Marine,Inc, RATES PROJECT: SITE 41COL172-FIELD EXCAVATION NEGOTIATED: DATE: 28-Aug-09 [Labor UNIT UNIT LABOR CATEGORY QUANTITY MEASURE PRICE AMOUNT Program Director 35 HR 196.63 6,882.05 PI-Archeology 0 HR 90.96 0.00 PI-History 0 HR 84.91 0.00 Project Archeologist 160 HR 63.53 10,184.80 Project Historian II 0 HR 68.19 0.00 Osteologist 0 HR 57.15 0.00 Field Supervisor 0 HR 52.94 0.00 Field Tech 544 HR 42.35 23,038.40 Laboratory Supervisor 16 HR 54.18 866.88 Laboratory Tech 20 HR 45.83 916.60 GIS Specialist 0 HR 60.50 0.00 Report Production 0 HR 57.81 0.00 Editor 0 HR 69.25 0.00 Asst.Program Manager 2 HR 77.89 155.78 LABOR TOTALS 42,024.51 [SUBCONTRACTORS I Backhoe 8 HR 195.00 1,560,00 Mob/Demob 1 EA 250.00 260.00 Dozer w/Operator 1 EA 850.00 850.00 Silt Fence 1 EA 327.00 327.00 Charles Frederick(Geologist) 16 HR 60.00 980.00 TOTAL SUBCONTRACTING COSTS 3,947.00 TRAVEL DESCRIPTION U/M UANTITI RATE TOTALS LOCAL MILEAGE MILES 400 0.550 220.00 PER DIEM-LODGING DAY 86 85.00 7,310.00 PER DIEM•MEALS DAY 66 54.00 3,554.00 PARKING DAY 0 10.00 0.00 AUTO RENTAL DAY 21 70.00 1,470.00 AIR FARE RT 0 315.00 0.00 0.00 TOTAL TRAVEL COSTS 12,564.00 OTHER DIRECT COSTS ' DESCRIPTION UIM UANTITI RATE TOTALS GPS Useage Day 0 $25.00 0.00 Digital Camera Day 0 25.00 0.00 Total Station Rental Month 1 1,120.00 1,120.00 Portable Restroom Month 1 123.00 123.00 Field Supplies Lot 1 50.00 50.00 Site Form Registration Each 0 29.00 0.00 Curation Drawer 0 1,587.00 0.00 Shipping/Courier PKG. 0 20.00 0.00 TARL Search Hour 0 35.50 0.00 Printing/Draft Pages 0 0.12 0.00 j Printing/Final Pages 0 0.19 0.00 SUBTOTAL OTHER DIRECT COSTS 1,293.00 G&A ON TRAVEL&OTHER DIRECT COSTS 25% $3,464.25 G&A ON SUBCONTRACTORS 5% $197.35 TOT4b. AA ED COST $83,490.11 PROPRIETARY INFORMATION Geo-Marine,Inc, RATES PROJECT: SITE 41COL172-ANALYSIS,REPORT,PUBLIC OUTREACH ELEMENT NEGOTIATED: DATE: 28-Aug-09 Labor IUNIT UNIT LABOR CATEGORY QUANTITY MEASURE PRICE AMOUNT Program Director 52 HR 196.63 10,224.76 PI-Archeology 124 HR 90.96 11,279.04 PI-History 0 HR 84.91 0.00 Project Archeologist 760 HR 63.53 48,282.80 Project Historian II 0 HR 68.19 0.00 Osteologist 0 HR 57.1E 0.00 Field Supervisor 0 HR 52.94 0,00 Field Tech HR 42.35 0.00 Laboratory Supervisor 234 HR 54.18 12,678.12 Laboratory Tech 624 HR 45.83 28,597.92 GIS Specialist 72 HR 80.50 4,356.00 Report Production 58 HR 57.81 3,237.38 Editor 108 HR 69.25 7,479.00 Asst.Program Manager 2 HR 77.89 155.78 LABOR TOTALS 126,290,78 (SUBCONTRACTORS I • Backhoe HR 195.00 0.00 Mob/Demob EA 250.00 0.00 Dozer w/Operator EA 850.00 0.00 Silt Fence EA 327.00 0.00 Ceramic Analyst 1 EA 2500.00 2,500.00 Macrobotanical Analysis 10 EA 125.00 1,250,00 Faunal Analyst 240 HR 25.00 6,000.00 Molluscan Analysis 164 HR 30.00 4,920.00 Creative Images (Exhibit Design and Fabrication) 1 LOT 10700.00 10,700.00 Sediment Analysis 25 EA 125,00 3,125.00 Charles Frederick(Geologist) 40 HR 60.00 2,400.00 TOTAL SUBCONTRACTING COSTS 30,895.00 TRAVEL DESCRIPTION Ott 2UANTIT' RATE TOTALS LOCAL MILEAGE MILES 100 0.550 55.00 PER DIEM-LODGING DAY 85.00 0.00 PER DIEM-MEALS DAY 54.00 0.00 PARKING DAY 10.00 0.00 AUTO RENTAL DAY 70.00 0.00 AIR FARE RT 315.00 0.00 0.00 TOTAL TRAVEL COSTS 55.00 OTHER DIRECT COSTS DESCRIPTION U/M UANTITI RATE TOTALS Radiocarbon Dating(charcoal) Sample 8 595.00 4,760,00 Bone Collagen Dating Sample 2 685.00 1,370.00 Neutron Activation Analysis Sample 5 76.00 375,00 Stable Carbon Analysis Sample 15 88.00 1,320.00 Laboratory Supplies Lot 2 50.00 100.00 Site Form Registration Each 1 29,00 29.00 Curation Drawer 8.5 1,587.00 10,315.50 Shipping/Courier PKG. 8 20.00 160.00 TARL Search Hour 0 35.50 0.00 Printing/Draft Pages 1500 0.12 180.00 Printing/Final Pages 10,000 • 0.10 1,900.00 SUBTOTAL OTHER DIRECT COSTS 20,509.50 G&A ON TRAVEL&OTHER DIRECT COSTS 25% $5,141.13 G&A ON SUBCONTRACTORS 5% $1,544.75 TOTAL ESTIMATED COST $184,436.16 GEOMARINE,c. PROPRIETARY INFORMATION EXHIBIT "C" CITY OF WYLIE GUIDELINES FOR COMPUTER AIDED DESIGN AND DRAFTING (CADD) 1. Files shall be submitted in DWG/DXF format. 2. Files shall be georeferenced in the State Plane, Texas North Central FIPS 4202 (feet) coordinate system, using a datum of NAD 83. 3. If a surface adjustment factor is applied to the data, any surface adjustment factors used should be clearly documented on the drawing. 4. If submissions for the Project relate to a plat, the file submitted must match exactly the plat that is submitted for recording. 5. The file shall contain required features for the project type as detailed below: a, Pre-Construction/As-Built Plans and/or Record Documents: i. Layers from Final Plat Requirements as Applicable to Project Type. ii. Water Utility Features. iii. Sanitary Sewer Features. iv. Storm Sewer Features. 6. Each required feature group should be provided as a separate layer within the file. 7. Layer names should be representative of the information contained in the layer. 8. Line work should be continuous (e.g. no dashed lines in required layers) and complete (connecting lines should meet at corners) within the subdivision/project. Layers outside of project/subdivision boundary may be dashed in CAD data as required for Final Plats by Wylie Subdivision Ordinance Section 5.02. City of Wylie,Texas—Professional Services Agreement Page 21 of 29 562070,v1 EXHIBIT "D" 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 expenses, approved markup (general and/or administrative), and approved travel and/or subsistence charges, including those of its subcontractors, prior to submitting to the City for reimbursement, and Consultant 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(s) for services; however, this shall not be the City's sole and exclusive remedy for said over-payment. 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,Texas—Professional Services Agreement Page 22 of 29 562070.v1 EXHIBIT "D" CITY OF WYLIE GUIDELINES FOR DIRECT EXPENSES; GENERAL AND ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES 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,Texas— Professional Services Agreement Page 23 of 29 EXHIBIT "D" CITY OF WYLIE GUIDELINES FOR DIRECT EXPENSES; GENERAL AND ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES III. GUIDELINES FOR GENERAL AND ADMINISTRATIVE MARKUP. A. 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. A. 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. B. 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,Texas—Professional Services Agreement Page 24 of 29 EXHIBIT "E" CITY OF WYLIE CONTRACTOR INSURANCE GUIDELINES I. REQUIREMENT OF GENERAL LIABILITY 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,Texas—Professional Services Agreement Page 25 of 29 562070.v1 EXHIBIT "E" CITY OF WYLIE CONTRACTOR INSURANCE GUIDELINES 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 X 2. General Liability • Minimum $1,000,000.00 each occurrence; • Minimum $2,000,000.00 in the aggregate. 3. XCU Coverage • Minimum $1,000,000.00 each occurrence; • Minimum $2,000,000.00 in the aggregate. X 4. Professional Liability • Minimum $ 1,000,000.00 each claim; • Minimum $ 2,000,000.00 in the aggregate. 5. Umbrella Coverage or • An amount of$ 2,000,000.00. Excess Liability Coverage X 6. City named as additional insured on General Liability Policy. This coverage is primary to all other coverage the City may possess. X 7. General Liability Insurance provides 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. 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 Certificate of Insurance must state the project title and bid number. 11. Other Insurance Requirements (State Below): City of Wylie,Texas—Professional Services Agreement Page 26 of 29 EXHIBIT "F" AFFIDAVIT THE STATE OF TEXAS § THE COUNTY OF § I, , 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. Signed this day of , 2009. Signature of Official /Title BEFORE ME, the undersigned authority, this day personally appeared and on oath stated that the facts hereinabove stated are true to the best of his / her knowledge or belief. Sworn to and subscribed before me on this day of 2009. Notary Public in and for the State of Texas My commission expires: City of Wylie,Texas—Professional Services Agreement Page 27 of 29 562070.v1 EXHIBIT "G" 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. Data Recmved 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. Name of person doing business with local governmental entity. 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.) J 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. I Describe each affiliation or business relationship a with person who is a local government officer and who appoints ppolnts or employs a local government officer of the local governmental entity that Is the subject of this questionnaire. Amenzfee 01,13:Rot City of Wylie,Texas—Professional Services Agreement Page 28 of 29 EXHIBIT "G" 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 J 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 flier has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable Income from the tiler of the questionnaire? nYes 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 n No C. is the flier 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 U No D. Describe each affiliation or business relationship. J Describe any other affiliation or business relationship that might cause a conflict of interest. J Signature of person doing business with the governmental entity Date Amended 01.1's+2c00 City of Wylie,Texas—Professional Services Agreement Page 29 of 29 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 10, 2009 Item Number: 4 Department: City Secretary (City Secretary's Use Only) Prepared By: Account Code: Date Prepared: 11/3/09 Budgeted Amount: Resolution, Letter from Exhibits: DCAD Subject Consider, and act upon, Resolution No. 2009-32(R) casting a vote for a candidate to the Board of Directors of the Dallas Central Appraisal District for a two year term beginning January 1, 2010. Recommendation Motion to approve Resolution No. 2009-32(R) casting a vote for Michael Hurtt as a candidate to the Board of Directors of the Dallas Central Appraisal District for a two year term beginning January 1, 2010. Discussion The Property Tax Code requires that the Chief Appraiser conduct an election for the purpose of selecting representatives to the Board of Directors of the Dallas Central Appraisal District every two years. The Dallas Central Appraisal District has a five member Board of Directors; one representing the County (Dallas County Tax Assessor Collector), a representative appointed by the Dallas ISD, a representative appointed by the City of Dallas, a representative elected by the suburban cities (31 cities), and a representative elected by the suburban ISDs (16 ISDs). In the case of the representative from suburban cities, each city may make a nomination for that position in October. The nominations are compiled into a ballot which is sent to each suburban city in December and one vote may be cast by each city for the nominee of their choice. Ballots are counted and the nominee with the most votes takes office on January 1st for a two year term. The cities of DeSoto and Sachse City Council nominated Michael Hurtt as a candidate to the Board of Directors of the Dallas Central Appraisal District. Per the 1979 resolution adopted by the taxing units participating in Dallas Central Appraisal District, Mr. Hurtt is required to receive a majority of the votes in order to be elected to the Board of Directors. The City of Wylie City Council is required to vote or abstain from voting no later than December 15, 2009. Approved By Initial Date Department Director CE 11/3/09 City Manager yf\ II I Page 1 of 1 RESOLUTION NO. 2009-32(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CASTING ITS VOTE FOR THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT. WHEREAS, Dallas County eligible taxing entities have expressed and approved an option which allows for representation to the Appraisal District Board of Directors (in accordance with Section 6.03 of the Texas Property Tax Code) as follows: 1. The City of Dallas shall appoint one(1)member of the Board. 2. The Dallas Independent School District shall appoint one(1) member to the Board. 3. The Dallas County Commissioners Court shall appoint one (1) member to the Board. The member appointed by the Dallas County Commissioners Court shall not be a resident of either the City of Dallas or the Dallas Independent School District. 4. Each of the incorporated cities and towns, except for the City of Dallas, shall have the right to nominate by an official resolution one (1) candidate as the fourth member of the Board of Directors. The said cities and towns shall, from the nominations received, elect by a majority vote, with each city and town being entitled to one (1) vote, the fourth member of the Board of Directors. 5. Each of the independent school districts, except for the Dallas Independent School District, shall have the right to nominate by an official resolution one (1) candidate as the fifth member of the Board of Directors. The said independent school districts shall, from the nominations received, elect by a majority vote, with each independent school district being entitled to one (1) vote, the fifth member of the Board of Directors. The votes required for election to the Board of Directors in 4 and 5 hereof shall be by a majority of those authorized to vote in 4 and 5 respectively and not by a majority of the quorum; and WHEREAS, the City of Wylie, Texas does hereby cast its vote by marking the ballot below (check one only): Mr. Michael Hurtt NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Resolution No. 2009-32(R) DCAD Nomination for Michael Hurtt SECTION 1: The City Council of the City of Wylie, Texas does hereby confirm its one (1) vote for the election of Michael Hurtt as the suburban cities' representative to the Board of Directors of the Dallas Central Appraisal District. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin County, Texas on this 10th day of November, 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No. 2009-32(R) DCAD Nomination for Michael Hurtt Dallas Central Appraisal District Date: October 21,2009 To: Eric Hogue,Mayor, City of Wylie From: W. Kenneth Nolan, Executive Director/Chief Appraiser La,, Re: Election of Suburban Cities' Representative to Dallas Central Appraisal District Board of Directors In accordance with state law, the nomination process for persons to serve on the Dallas Central Appraisal District Board of Directors has been completed. By state law, your agency is required to vote by official ballot resolution, which is enclosed. You must do so no later than December 15, 2009. If your entity chooses to abstain from voting,please notify me. The nominee is as follows. Also included are the names of the nominating cities. Nominee Entity(s)Nominating Mr. Michael Hurtt DeSoto, Sachse Please act on this election process by official ballot resolution and return the ballot resolution to my office in the enclosed envelope by December 17, 2009. The 1979 resolution adopted by the taxing units participating in Dallas Central Appraisal District, which governs board elections, requires that a candidate receive a majority of the votes in order to be elected to the Board of Directors. Therefore it is imperative that your taxing unit cast its vote before the December 15,2009 deadline. We appreciate your interest in this very important process and look forward to receiving your vote. WKN/vgh Enclosure(Official Ballot Resolution/Return Envelope) cc: Mindy Manson, City Manager Carole Ehrlich, City Secretary Office of Chief Appraiser 2949 N.Stemmons Freeway• Dallas,Texas 75247-6195•(214)631-0520 RESOLUTION NO. A RESOLUTION OF THE CITY OF ,DALLAS COUNTY,TEXAS,CASTING ITS VOTE FOR THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT. WHEREAS,Dallas County eligible taxing entities have expressed and approved an option which allows for representation to the Appraisal District Board of Directors(in accordance with Section 6.03 of the Texas Property Tax Code)as follows: 1. The City of Dallas shall appoint one(1)member to the Board. 2. The Dallas Independent School District shall appoint one(1)member to the Board. 3. The Dallas County Commissioners Court shall appoint one(1)member to the Board. The member appointed by the Dallas County Commissioners Court shall not be a resident of either the City of Dallas or the Dallas Independent School District. 4. Each of the incorporated cities and towns, except for the City of Dallas, shall have the right to nominate by an official resolution one(1)candidate as the fourth member of the Board of Directors. The said cities and towns shall, from the nominations received,elect by a majority vote,with each city and town being entitled to one(1)vote, the fourth member of the Board of Directors. 5. Each of the independent school districts, except for the Dallas Independent School District, shall have the right to nominate by an official resolution one (1) candidate as the fifth member of the Board of Directors. The said independent school districts shall,from the nominations received,elect by a majority vote, with each independent school district being entitled to one (1) vote, the fifth member of the Board of Directors. The votes required for election to the Board of Directors in 4 and 5 hereof shall be by a majority of those authorized to vote in 4 and 5 respectively and not by a majority of the quorum, and WHEREAS,the City of does hereby cast its vote by marking the ballot below: (Check one only) Michael Hurtt NOW,THEREFORE BE IT RESOLVED that the City Council of the City of does hereby confirm its one (1) vote for the election of as the suburban cities' representative to the Board of Directors of the Dallas Central Appraisal District. PASSED AND APPROVED,this the day of ,2009 MAYOR ATTEST: CITY SECRETARY SEAL: 11/05/2009 17:28 2146342518 DCAD PAGE 01./01 Hill,.Valerie • From: Hallmark.Laura[LHallmark@ci.desoto.tx.us] Sent: Wednesday,August 19,2009 1:05 PM To: tsmith®cityofsachse.com; Hill,Valerie Subject: Hurtt Information Here is some information regarding Michael Hurtt:: Michael Hurtt was elected to serve as City Councilmember for Place 5 in 1998 and selected by the Councilmembers to serve as Mayor Pro Tern for 1998, 1999, 2000, and 2001. In May 2001 he was elected as Mayor and in May 2004 he was elected for an additional three year term as Mayor. Michael Hurtt's commitment to community and civic service has resulted in many years of participation and leadership for numerous local, regional, and national organizations: Board of Directors for the Dallas Zoological Society; Medical Center of Lancaster Board of Trustees; Council Liaison to the DeSoto Arts Commission and the Planning and Zoning Commission; Best Southwest Chamber of Commerce; Metroplex Mayors Association; Texas Municipal League; TEX-21- a subsidiary of River of Trade, Agile Port, and Trans Texas Corridor; R -the North Texas Commission as the representative for the Cities of DeSoto, Duncanville, Cedar Hill, and Lancaster; U.S, Conference of Mayors; National League of Cities. For the past two years, Michael has served as the Suburban Cities' Representative on the Board of Directors of the Dallas Central Appraisal District. Prior to public office, Michael Hurtt served the City as a member of the DeSoto Park Board, Strategy 2000, and the Charter Review Commission. .He previously served as Chairman of the DeSoto Chamber of Commerce and the Best Southwest Chamber Partnership, and as past president of the DeSoto Rotary Club. Michael Hurtt and his wife, Marilyn have been residents of DeSoto since 1988. Other family members residing in DeSoto are a son, daughter-in-law, and two grandchildren. He is the owner of the West/Hurtt Funeral Home in DeSoto. Please let me know if I can provide additional assistance. Thank you, Laura Hallmark City Secretary City of DeSoto 211 E. Pleasant Run Road DeSoto TX 75115 972-230-9664 ?At Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 10, 2009 Item Number: 5 Department: City Secretary (City Secretary's Use Only) Prepared By: Account Code: Date Prepared: 11/3/09 Budgeted Amount: Resolution, Letter from Exhibits: CCAD Subject Consider, and act upon, Resolution No. 2009-33(R) casting votes for a candidate to the Board of Directors of the Collin Central Appraisal District for a two year term beginning January 1, 2010. Recommendation Motion to approve Resolution No. 2009-33(R) casting votes for as a candidate to the Board of Directors of the Central Appraisal District of Collin County for a two year term beginning January 1, 2010. Discussion The City of Wylie has 64 votes that they may cast for a candidate to the Board of Directors of the Collin Central Appraisal District for a two year term beginning January 1, 2010. The first step of the process was to nominate a candidate which was required by October 15, 2009. The final step is to cast votes for the candidate(s)that were submitted to the Collin Central Appraisal District. The City of Wylie may cast all of its 64 votes for one candidate or distribute the votes among any number of candidates that were nominated. At the October 13, 2009 Council meeting, the City of Wylie City Council nominated Steve Wright as a candidate to the Board of Directors of the Collin Central Appraisal District. Council is now asked to approve a resolution casting its vote for a candidate(s) for the Board of Directors of the Collin Central Appraisal District. The resolution ballot must be submitted to the chief appraiser no later than December 15, 2009. Approved By Initial Date Department Director CE 11/ /09 City Manager nA lb (oci Page 1 of 1 RESOLUTION NO. 2009-33(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CASTING ITS VOTE FOR A MEMBER OF THE BOARD OF DIRECTORS OF THE COLLIN CENTRAL APPRAISAL DISTRICT IN ACCORDANCE WITH SECTION 6.03 (G) OF THE STATE PROPERTY TAX CODE, AND DIRECTING THAT THE CITY SECRETARY NOTIFY INTERESTED PARTIES OF SAID ACTION. WHEREAS, in accordance with Section 6.03(G) of the State Property Tax Code, the City of Wylie is required to cast votes for a candidate to Board of Directors of the Central Appraisal District; and WHEREAS, the City of Wylie has 64 votes to cast and said votes must be cast no later December 15, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: SECTION 1: The City Council of the City of Wylie, Texas does hereby cast and confirm its 64 votes for Steve Wright as a candidate to the Board of Directors of the Collin Central Appraisal District. SECTION 2: The City Secretary is hereby directed to submit the official ballot, written resolution, and notify all appropriate parties of this action. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin County, Texas on this 10th day of November, 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No. 2009-33(R) CCAD Nomination for Steve Wright • a Collin Central Appraisal District October 28, 2009 Carole Ehrlich, City Secretary City of Wylie 2000 State Highway 78 North Wylie, TX 75098 Dear Ms. Ehrlich: Enclosed you will find the ballot listing the nominees for the Board of Director positions for the Central Appraisal District of Collin County. The candidates are listed alphabetically by their last name. Each voting unit must vote in open meeting, report its vote by written resolution, and submit it to the chief appraiser before December 15, 2009. Each unit may cast all its votes for one candidate or distribute the votes among any number of the candidates listed. Since there is no provision for write-in candidates, the Chief Appraiser may not count votes for someone not listed on the official ballot. Sincerely, Bo Daffin Chief Appraiser El Dim Ir Enclosure Collin Central Appraisal District OFFICIAL BALLOT ISSUED TO: City of Wylie NUMBER OF VOTES: 64 FOR: BOARD OF DIRECTORS, CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY. KEVIN ANDERSON VOTES BOBBY BISHOP VOTES RONALD CARLISLE VOTES DR. LEO FITZGERALD VOTES JOE HELMBERGER VOTES RANDY KAISER VOTES WAYNE MAYO VOTES GARY RODENBAUGH VOTES ROY WILSHIRE VOTES STEVE WRIGHT VOTES OCTOBER 26, 2009 Bo Daffin, Chief Appraiser Section 6.03 (g) of the State Property Tax Code requires the above action be taken by resolution, therefore, please attach a copy of the resolution to this ballot and return to the Chief Appraiser, at 250 W. Eldorado Pkwy., McKinney, Texas 75069, before December 15, 2009. 2010-2011 CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTOR'S NOMINATIONS KEVIN ANDERSON Nominated by the City of Anna. BOBBY BISHOP Nominated by the City of Farmersville. RONALD CARLISLE Is a current board member and has served since 1/94. Nominated by Frisco ISD, City of Frisco and McKinney ISD. DR. LEO FITZGERALD Is a current board member and has served since the beginning of the Appraisal District, 1/80. Nominated by Plano ISD and McKinney ISD and City of Sachse. JOE HELMBERGER Nominated by the Farmersville ISD. RANDY KAISER Nominated by the City of Melissa and Melissa ISD. WAYNE MAYO Is a current board member and has served since 1/98. Nominated by the City of Richardson, City of Murphy, City of McKinney and McKinney ISD. GARY RODENBAUGH Is a current board member and has served since 1/01. Nominated by the City of Allen, Allen ISD, and McKinney ISD. ROY WILSHIRE Is a current board member and has served since 01/03. Nominated by the City of Plano and McKinney ISD. STEVE WRIGHT Nominated by the City of Wylie. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 10, 2009 Item Number: 6 Public Services-Recreation (City Secretary's Use Only) Department: Division Prepared By: Robert Diaz Account Code: 1 00-5 1 1 1-56990 Date Prepared: November 5, 2009 Budgeted Amount: $37,000 Exhibits: 1 Subject Consider, and act upon, authorizing staff to schedule the events and performers for the City of Wylie 2010 Summer Concert Series. Recommendation Motion authorizing staff to schedule the events and performers for the City of Wylie 2010 Summer Concert Series. Discussion The approved FY 2009-10 City Council budget contains $37,000.00 for the summer concert series. Staff has attached a proposal containing three options for the summer concert series based on budget amounts of $35,000.00, $30,000.00, and $25,000.00. Within these budget options are proposed schedules for the events and budget amounts for each event. The options highlight overall fewer events, a fireworks event, moving the events to the weekend to make them more of an attraction, and the types of performers that could be used for each of the events. Once Council provides some direction to staff on the budget a final schedule of events and the booking of performers will be completed. Approved By Initial Date Department Director MS 11/5/09 City Manager m T(\ 11 410() Page 1 of 1 Summer Event Options-2010 Option 1-$35,000 Date Event Costs Examples of Performers Saturday June 19,2009 Regular concert at Olde City Park $ 3,500.00 Local group i.e.Panhandlers Steel Band,Joe Jonas Band Saturday July 3,2009 Fireworks show at Founders $ 15,000.00 Zambelli Fireworks(Does not include public safety overtime) Friday July 9,2009 Street Dance in Downtown $ 7,500.00 Example would be Monty Montgomery(Act out of Austin,Texas) Saturday July 24,2009 Regular concert at Olde City Park $ 3,500.00 Local group i.e.Panhandlers Steel Band,Joe Jonas Band Saturday July 31,2009 Family Movie night $ 1,250.00 Saturday August 7,2009 Family Movie night $ 1,250.00 Generator,portolets,advertising $ 3,000.00 Total $ 35,000.00 Option 2-$30,000 Date Event Costs Examples of Performers Saturday June 19,2009 Regular concert at Olde City Park $ 5,000.00 Local group upgraded i.e.Professor D,Kraig Parker-Elvis Saturday June 26,2009 Regular concert at Olde City Park $ 5,000.00 Local group upgraded i.e.Professor D,Kraig Parker-Elvis Friday July 9,2009 Street Dance in Downtown $ 9,500.00 Example would be a Charlie Robison Saturday July 24,2009 Regular concert at Olde City Park $ 5,000.00 Local group upgraded i.e.Brave Combo,Kraig Parker-Elvis Saturday July 31,2009 Family Movie night $ 1,250.00 Saturday August 7,2009 Family Movie night $ 1,250.00 Generator,portolets,advertising $ 3,000.00 Total $ 30,000.00 Option 3-$25,000 Date Event Costs Examples of Performers Saturday June 19,2009 Regular concert at Olde City Park $ 4,000.00 Local group i.e.Panhandlers Steel Band,Joe Jonas Band Saturday June 26,2009 Regular concert at Olde City Park $ 4,000.00 Local group i.e.Panhandlers Steel Band,Joe Jonas Band Friday July 9,2009 Street Dance in Downtown $ 7,500.00 Example would be Monty Montgomery(Act out of Austin,Texas) Saturday July 24,2009 Regular concert at Olde City Park $ 4,000.00 Local group i.e.Panhandlers Steel Band,Joe Jonas Band Saturday July 31,2009 Family Movie night $ 1,250.00 Saturday August 7,2009 Family Movie night $ 1,250.00 Generator,portolets,advertising $ 3,000.00 Total $ 25,000.00 Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: November 10, 2009 Item Number: WS-1 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: 11/5/09 Budgeted Amount: Exhibits: 4 Subject Review and discussion regarding improvements to Stone Road. Recommendation NA Discussion In July 2009 an engineering contract was awarded to CP&Y for the design of Stone Road from Akin Lane to W.A. Allen Blvd. The project was funded in the 2005 City of Wylie Bond Program. The consultant has prepared a preliminary alignment of the roadway. Also, four alternatives for the Stone/WA Allen intersection have been developed and direction is needed on which option to proceed with for final design. Approved By Initial Date Department Director CH 11/5/09 City Manager Th1 It f-b Ib ci Page 1 of 1 I i %i m I Wq -�. 1-E1v e� V _ • D . ° i _ I arm—z 30 15 0 30 60 I I SCALE FEET r I i PRELIMINARY 1 ' FOR INTERIM REVIEW ONLY iNot for:construction Ou%`po»:°°"°. 1 Ek CP&Yy -. --- -. — Dot. 9/17/2609 _ I -I 1 I � .a. 1.� e. o�,E CRY Ching,Palel&Ystby,tc '1 ! STONE ROAD PH. II I CONSTRUCTION J I '� FROM MEW LPNE/OPRBROOX DRIVE TO PLFRED DRIVE %` I I � STONE RD./ALLEN BLVD. l ' 1 ! INTERSECTION j OPTION A W -.. D s 9nM JX s2.7 cr..i.c PaeE"T.c v.e 1 eCkeC. TETC TEXAS CWV09103 TT w __ 1 C•�eckcC. TETC COLLIN e Nos 1 r: , NJ ~l 7� �. Ss W T J 3D 1s o 3o so I SCALE FEET PRELIMINARY FOR INTERIM REVIEW ONLY NM Id contraction,elaany. e, i N rru Of Pert PV 1a Pow H £ CRYJ Engneer_ Date 11/1/20e9 CRY , I =,.LIT STONE ROAD PH. II CONSTRUCTION eeeeee FROM PION LME/OPKEIROOK DRIVE TO PLFRED DRIVE STONE RD./ALLEN BLVD. INTERSECTION OPTION B ]a��y.:ae: JX :�.n ,o..w mo«t., s,aer -" "_."..... _ __._._. � - - - I necked. TETC TEXAS CWY09103 :,,FT;;--xee. TETC CO LIN .u'.tm+ 1 II i r h . 14' ,--,•t."=-,_ 1, i 50 25 0 50 100 Inil e e7- SCALE FEET i .•- Y !" t 1 I PRELIMINARY — FOR INTERIM REVIEW ONLY -\` , ,\�. t Ypg..E.Ne. O 9/21 nen9 I ea wens., er o.tc -- CR�Y.� ��__ I Chang,Pahl&'Irby,NC. r i I , „,,,,,irA STONE ROAD PH. II I' '''"`s CONSTRUCTION "__ _ FROM N(N LNE/OlKBR00K DRIVE TO N.FRED DRIVE — -- ; STONE RD./ALLEN BLVD. INTERSECTION — j OPTION C — 3 LEG INTERSECTION 1 ---- • Designed ,nc sMx v+.,<wo.n rz Ch«tart TETC TEXAS CWYOO103 1 , .\.\ -_ Checked: TETC ca. 1 I ..-_ t ,. - /Iffi 1. - I / r— �} _ I f1 _ ; lj , r ill IIJ, i ,'. 50 25 0 50 100 ff _ �, .e SCALE FEET jr i 1'� PRELIMINARY FOR INTERIM REVIEW ONLY -� w1«aw`uwn.wasp°' --- - CR&Y -----'-- _ r ' E^glirr FE.Na. 0.1. 1/21/2NI d it p, a[Y61011 V UTE - CF YJ cnlo�?Okic rElbr,Inc. — nwrlir STONE ROAD PH. II 1 '- CONSTRUCTION ---- ----- -----_____ -—- ;- . - FREW/RN LME/OOKBROOK DRIVE TO ALFRED DRIVE "-- • STONE RD./ALLEN BLVD. �V INTERSECTION OPTION D ROUNDABOUT --—- - --- -- .. -- j o.uv..a: .a .,.R a,m.man a •p' -__ Ch.c.* TETC TEXAS CWY09103 oro.n: Ow =my am Checked TETC COLLIN 1 1''''''''' 710,41,11/%1WININ HIM Irl dll M1,11g011001(610CIIIIIIIIIMORMI 101011/11(411KIMMOIMM IIIMAIN»)))))/MIIM'''''''' 11 1111 11V 'II 1111 K 5E55111 IN 1,2 AND 1 TS TO C.(INCH. POSSI4 LE 1-NE, GY EFFICIEm I AI ID CONSERVAH lON BLOCK GRA1 IT FUNDll 1G PRICIECTS 111 (I) Opp 1 m 11 inity Assess ent lancer Government IF aditties Progr 1,1t) VAC Replacerne it Sum oary -- Fire St on 1 2/Library (2) So r Ehactric Proposal b lerielia Sol r, it c,i 11 City of Wylie 1 h.% Ilunici#al Complex 11 11 III 0 Opel A - car ev- r - t ci iti - re sr er City of Wylie HVAC Replacement, FSi, FS2, Library November 2, 2009 Prepared by •CLEAResuit Consulting on behalf of Oncor Government Facilities Program Sean Nunes CLEAResult Consulting 512-416-5921 snunes@clearesult.com Exmcutivm a The purpose of this document is to inform City of Wylie of opportunities available by upgrading to more energy efficient equipment. The recommendations in this document are for planning purposes only, and all decisions on equipment to be purchased and installed are the sole responsibility of the partner.This summary does not take into account purchase price or availablity of the equipment with the recommended efficiency ratings. All savings estimates are based on existing equipment to be replaced, as well as deemed savings provided by the Public Utilities Commission of Texas (PUCT). Actual savings may differ based on post- installation inspection of new equipment. Furthermore, annual kWh use may differ as these figures are averages based on building type use hours, established by the PUCT. Included in the Opportunity Assessment are: 1. Opportunity Assessment Summary a. A breakdown of the recommended installations' savings. 2.A/C Replacement Summary a. A breakdown of potential energy savings for the older A/C equipment at various efficiency levels. Savings figures reflect the additional energy savings associated with installing energy efficienct equipment above what is considered the efficiency baselines by the PUCT. They do not reflect the cost of the equipment, installation costs, labor, etc. The calculations include the Program's cash incentives for peak kW reduced, which are: $160 per kW of peak demand reduced, and $0.05 per kWh saved. Additionally, to calculate the annual kWh savings, an average blended rate of$0.08 per kWh was used. This number is only an average and can be changed to reflect the partner's actual average kWh cost. Created by: CLEAResult Consulting, Inc. Confidential 11/2/2009 Opportunity Assessment Summary 00,„0,0 olnlcolt q::".4a�gdtd�z� ll"Ireaeu uomm II'')allrtnellr City of Wylie II° Ilreet(s) HVAC Replacement, FSI, FS2, Library II''tlrileet '.1 Adult Prob BId Replacing HVAC equipment on FSI, FS2,and Library Description 10111 ITUII III UII IUII IIIIII oho II IIIIIIIIIII IIIlil II IIIIIII IIII IUII lolfa00001 III mill ui Program Incentive $2,196.25 Est.kW Savings 8.20 Annual Energy Savings $1,414.80 Est.kWh Savings 17685 ($0.08 per kWh) 0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 III italll stlIlniated Sevuloll„ Potential Incentive& Energy Savings for HVAC Replacement, FS1, FS2, Library Program Incentive $2,196.25 Est. kW Savings 8.20 Annual Energy Savings $1,414.80 Est. kWh Savings 17,685 ($0.08 per kWh) 0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 III III"IIII 000o IIIIIIIZ 0000000000000000000000000000000000000000000000000000000000000000011 olooluoulooluolooloollouluoloolooloolooloollouluouluouluouluouluuluo IIIIIIIIVIIIIIVuuuummuiiii�VVVVVVVVVVVVVVVVVVV iir Created by: CLEAResult Consulting,Inc. Confidential Information 11/2/2009 A C Retrofit Opportunities Summary �oimnlr C ervernlomment p::a ifit cs ll"area warn nn The potential program incentives and annual energy savings that we have calculated are based on replacing existing A/C equipment with newer, more efficient equipment. All savings figures represent the energy savings achieved by installing equipment above the minimum required level of efficiency. Since the useful life of HVAC equipment is dependent upon many variables, there is no exact age when you should replace equipment. It is typical in Texas for HVAC equipment of the types found in your facilities to have useful lives of up to 10 years or more. Therfore we are submitting savings estimates for units that are 10 years or older. This should allow for budgeting the replacement of the older units before emergency situations arise,which may lead to higher costs. Final decisions on replacing particular units should involve the consultation of a professional HVAC technician to determine the proper type, size, and time for replacement. Below is a table of recommended efficiency levels when replacing older equipment: Unitary Air Conditioners and Condensing Units, Electrically Operated ED uipm n1.... IIIyp SIPE Catfigury Sub1ug Efficinncy <_5.42 tons Split System 12.0 EER; 14.5 SEER AC,Air Cooled Single Packaged 11.0 EER; 14.0 SEER >5.42 tons and<_20 tons Both 11.5 EER; 11.9 IPLV >20 tons Both 10.5 EER; 10.9 IPLV AC,Water and Evap.Cooled All Sizes Both 14.0 EER Unitary and Applied Heat Pumps, Electrically Operated ED uipm n1.... IIIyp SIPE Catfigury Sub1ug 0 °iiiiiin <_5.42 tons Both 12.0 EER; 14.0 SEER Heat Pump,Air Cooled >5.42 tons and<_20 tons Both 11.5 EER; 11.9 IPLV >20 tons Both 10.5 EER; 10.9 IPLV Chillers ED uipm n1..'III..'yp SIPE Catfigury Efficinncy Chill1111nrsuiwito ASS Full Load(kW/ton) IPLV(kW/ton) Air Cooled w/Condenser <_5.42 tons 1.23 1 Air Cooled w/o Condenser >5.42 tons and<_20 tons 1.13 1.13 Water Cooled,Reciprocating >20 tons 0.84 0.63 <_90 tons 0.78 0.6 Water Cooled,Rotary Screw and Scroll >90 tons and<_150 tons 0.73 0.55 >150 tons and<_300 tons 0.68 0.51 >300 tons 0.6 0.49 <_150 tons .61(.63)* .62(.40) Water Cooled,Centrifugal >150 tons and<_300 tons .59(.60) .56(.40) >300 tons and<_600 tons .57(.58) .51(.40) >600 tons .55(.55) .51(.40) *Efficiencies in parentheses are efficiencies for chillers with ASD optional compliance path. A summary of your equipment, along with estimated energy savings at various levels of efficiency, can be found on the following pages... Created by: CLEAResult Consulting,Inc. Confidential Information 11/2/2009 Fire Station 1 AC1 TRANE < 5 ton Equipment Size(tons) 1.88 Number of Units 1 Equipment Type Room Air Conditioner A/C Replacement Potential Savings & Program Incentives* [1111,0illaeii ufi 'Nw. i: ® I i lf� l I uu do, p . H i. amo iuu m m i m i m Ni i u MinimumEfficiency lied Efficiency IllfighEfficiency Equipment Rating 11.5 Equipment Rating 14.0 Equipment Rating 16.0 Efficiency Ratio Type EER Efficiency Ratio Type SEER Efficiency Ratio Type SEER Demand Reduction(kW) 0.38 Demand Reduction(kW) 0.42 Demand Reduction(kW) 0.61 Energy Reduction(kWh) 812 Energy Reduction(kWh) 909 Energy Reduction(kWh) 908 Program Incentive Amt. $101.40 Program Incentive Amt. $112.63 Program Incentive Amt. $143.00 Annual Energy Savings $64.96 Annual Energy Savings $72.69 Annual Energy Savings $72.64 1 Year Total $166.36 1 Year Total $185.33 1 Year Total $215.64 5 Year Total $426.20 5 Year Total $476.10 5 Year Total $506.20 10 Year Total $751.00 10 Year Total $839.56 10 Year Total $869.40 15 Year Total $1,075.80 15 Year Total $1,203.03 15 Year Total $1,232.60 h"ro iecLed 15 Year Energy Savings .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. $1,400 $1,203.03 $1,232.60 $1,200 mill $1,075.80 $1,000 uullllllll 1$839.5: $869 4� 1 Year Total 111111111111111111111111111 $800 $751.0JJJ . $476. . $50&:2.. 1 S Year Total IIIIII 10 Year Total $600 15 Year Total 26.2 11�'/////Di, $400 1110 $200 $166.3: $215.6 1111111111 $0 llrf(((IIIIII(III II... .... I„Ilcs((((((((((((((0 1111OVVVVVDVI��IIII uGf(((��(I�1� 11 111100��NNNN��A Minimum III';II°r lil lio 11 rid III .Flit lil n II llilgIll.i IIIPricioncy Created by: CLEAResult Consulting,Inc. Confidential Information 11/2/2009 Fire Station 1 AC 2 TRANE < 5 ton Equipment Size(tons) 4.02 Number of Units 1 Equipment Type Room Air Conditioner A/C Replacement Potential Savings & Program Incentives* ulll ill 1li : Y u lntNw. i: ®Ventheogiothit0000Pi do W l . i 10 m I Vm I m u NI Iu i u inirn u rn EfficiencyliedEfficiency III liglh Efficiency Equipment Rating 11.5 Equipment Rating 14.0 Equipment Rating 16.0 Efficiency Ratio Type EER Efficiency Ratio Type SEER Efficiency Ratio Type SEER Demand Reduction(kW) 0.81 Demand Reduction(kW) 0.91 Demand Reduction(kW) 1.30 Energy Reduction(kWh) 1741 Energy Reduction(kWh) 1946 Energy Reduction(kWh) 2793 Program Incentive Amt. $216.64 Program Incentive Amt. $242.90 Program Incentive Amt. $347.65 Annual Energy Savings $139.27 Annual Energy Savings $155.68 Annual Energy Savings $223.44 1 Year Total $355.91 1 Year Total $398.58 1 Year Total $571.09 5 Year Total $912.97 5 Year Total $1,021.30 5 Year Total $1,464.85 10 Year Total $1,609.30 10 Year Total $1,799.70 10 Year Total $2,582.05 15 Year Total $2,305.63 15 Year Total $2,578.10 15 Year Total $3,699.25 P"oro iecLed 15 Year Elheorgy Savings $4,000 $3,699.25 $3,500 $3,000 $2,578.10 11111111111 Year Total 111111111 5 Year Total $2,000 $3,799 III PA ll5 10 Year Total $1,609. �II�I� $1,464.:m IIIIIIIIII 15 Year Total $1,500 $1,000 $1,021. 111111111111J $57,..0.11111111111111111111111111111111111111111111111 $500 $355• $398.5: flf I 111111111111111111111111111111111111111111111111 $0 Minimum III';II°r lil lil ncy Mid III . lil lil n III l igIV i III . lil lil n Created by: CLEAResult Consulting,Inc. Confidential Information 11/2/2009 Fire Station 1 AC3 TRANE < 5 ton Equipment Size(tons) 4.02 Number of Units 1 Equipment Type Room Air Conditioner A/C Replacement Potential Savings & Program Incentives* iv mul i �. Ia Y uu l�'INhYw.° ii ®�IIII i IIN�iik I"i'IEW II W H i mouui k km m la 1 Vm 1 mi a INI 1 uiii u inionnurn EfficiencyliedEfficiency II I lilg II Efficiency Equipment Rating 11.5 Equipment Rating 14.0 Equipment Rating 16.0 Efficiency Ratio Type EER Efficiency Ratio Type SEER Efficiency Ratio Type SEER Demand Reduction(kW) 0.81 Demand Reduction(kW) 0.91 Demand Reduction(kW) 1.30 Energy Reduction(kWh) 1741 Energy Reduction(kWh) 1946 Energy Reduction(kWh) 2793 Program Incentive Amt. $216.64 Program Incentive Amt. $242.90 Program Incentive Amt. $347.65 Annual Energy Savings $139.27 Annual Energy Savings $155.68 Annual Energy Savings $223.44 1 Year Total $355.91 1 Year Total $398.58 1 Year Total $571.09 5 Year Total $912.97 5 Year Total $1,021.30 5 Year Total $1,464.85 10 Year Total $1,609.30 10 Year Total $1,799.70 10 Year Total $2,582.05 15 Year Total $2,305.63 15 Year Total $2,578.10 15 Year Total $3,699.25 P"ro iecfed 15 Year Energy Savings $4,000 $3,699.25 $3,500 $3,000 $2,578.10 $2,582.• 1111111111 1 Year Total $2,500 $2,305.63 5 Year Total $2,000 $1,799.,,ii�2 IIIIII 10 Year Total 1111111111 $1,609. ii� $1,464.:�. � IIIIIIIII 15 Year Total $1,500 $1,000 $912.9�11 11 $1,021....'a )))) $500 $355..9 $398sy $571.0 firf NOMME so Minimum III';II°r lil lil ncy Mid III . lil lil n I1 l0 i III . lil lil n Created by: CLEAResult Consulting,Inc. Confidential Information 11/2/2009 Fire Station 2 AC1 TRANE < 5 ton Equipment Size(tons) 4.02 Number of Units 1 Equipment Type Room Air Conditioner A/C Replacement Potential Savings & Program Incentives* fmul Y uu �NY ° i ®�I i i0000 11 EW Loll W . H uiuuu m�m0.1 Vm 1 . 0 . l u Minihnurn EfficiencyMidfi lil n II I lilg II Efficiency Equipment Rating 11.5 Equipment Rating 14.0 Equipment Rating 16.0 Efficiency Ratio Type EER Efficiency Ratio Type SEER Efficiency Ratio Type SEER Demand Reduction(kW) 0.81 Demand Reduction(kW) 0.91 Demand Reduction(kW) 1.30 Energy Reduction(kWh) 1741 Energy Reduction(kWh) 1946 Energy Reduction(kWh) 2793 Program Incentive Amt. $216.64 Program Incentive Amt. $242.90 Program Incentive Amt. $347.65 Annual Energy Savings $139.27 Annual Energy Savings $155.68 Annual Energy Savings $223.44 1 Year Total $355.91 1 Year Total $398.58 1 Year Total $571.09 5 Year Total $912.97 5 Year Total $1,021.30 5 Year Total $1,464.85 10 Year Total $1,609.30 10 Year Total $1,799.70 10 Year Total $2,582.05 15 Year Total $2,305.63 15 Year Total $2,578.10 15 Year Total $3,699.25 P"ro iecfed 15 Year Energy Savings $4,000 $3,699.25 $3,500 $3,000 $2,578.10 $2,582.• 1111111111 1 Year Total $2,500 $2,305.63 IIIIIIIII 5 Year Total $2,000 $1,799.,,ii�1 IIIIII 10 Year Total $1,609. ��i�i� $1,464.:�. / IIIIIIIII 15 Year Total $1,500 $1,000 $912.9�11 11 $1,021....a )))) $500 $355..9 $398sy $571.o Itiff 1111111111111111111111111111111111111111111111111 Minimum III';II°r lil lil ncy Mid III';Il rrlil lil n I1 l0 i III';Il rricioncy Created by: CLEAResult Consulting,Inc. Confidential Information 11/2/2009 Fire Station 2 AC2 TRANE < 5 ton Equipment Size(tons) 4.02 Number of Units 1 Equipment Type Room Air Conditioner A/C Replacement Potential Savings & Program Incentives* f i �. Ia i uufli 'INhYw.° ih ®�uu OOMOMIIllll ii' W in W i i�� mouui huu uuu m la 1 8 1 mi a 80 0 u lu lil mum Efficiency lied Efficiency III..fighLEfficiency Equipment Rating 11.5 Equipment Rating 14.0 Equipment Rating 16.0 Efficiency Ratio Type EER Efficiency Ratio Type SEER Efficiency Ratio Type SEER Demand Reduction(kW) 0.81 Demand Reduction(kW) 0.91 Demand Reduction(kW) 1.30 Energy Reduction(kWh) 1741 Energy Reduction(kWh) 1946 Energy Reduction(kWh) 2793 Program Incentive Amt. $216.64 Program Incentive Amt. $242.90 Program Incentive Amt. $347.65 Annual Energy Savings $139.27 Annual Energy Savings $155.68 Annual Energy Savings $223.44 1 Year Total $355.91 1 Year Total $398.58 1 Year Total $571.09 5 Year Total $912.97 5 Year Total $1,021.30 5 Year Total $1,464.85 10 Year Total $1,609.30 10 Year Total $1,799.70 10 Year Total $2,582.05 15 Year Total $2,305.63 15 Year Total $2,578.10 15 Year Total $3,699.25 P"ro iecLed 15 Year Energy Savings .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. $4,000 $3,699.25 $3,500 $3,000 $2,578.10 $2,582.•r� IIIIIIIII 1 Year Total $2,500 $2,305.63 11111111115 Year Total $2,000 $1,609. .0ii� $4,799. III0 pd IIIIII 10 Year Total $1,500 $1,464. � 11111111115 Year Total $1,000 $1,021. Iffh $571.0.I $500 $355..9 $398.5:� flf 111111111111111111111111111111111111111111111111 Minimum mnouum III';II°frill 11 rid III:II..FIil lil of 11 II IlligIV i III:II..Flil lil of 11 Created by: CLEAResult Consulting,Inc. Confidential Information 11/2/2009 Library RTU3 TRANE < 5 ton Equipment Size(tons) 3.92 Number of Units 1 Equipment Type Room Air Conditioner A/C Replacement Potential Savings & Program Incentives* fmul aii� W I nt'f ° iNeu i IN EW:Zoo Wu i p . i H uiiVi m�mtlimim Ni i u StandardSLandard Efficiencylied Efficiency Illliglh Efficiency Equipment Rating 11.5 Equipment Rating 14.0 Equipment Rating 16.0 Efficiency Ratio Type EER Efficiency Ratio Type SEER Efficiency Ratio Type SEER Demand Reduction(kW) 0.79 Demand Reduction(kW) 0.89 Demand Reduction(kW) 1.27 Energy Reduction(kWh) 1697 Energy Reduction(kWh) 1898 Energy Reduction(kWh) 2724 Program Incentive Amt. $211.27 Program Incentive Amt. $237.31 Program Incentive Amt. $339.38 Annual Energy Savings $135.80 Annual Energy Savings $151.85 Annual Energy Savings $217.90 1 Year Total $347.07 1 Year Total $389.15 1 Year Total $557.28 5 Year Total $890.27 5 Year Total $996.55 5 Year Total $1,428.86 10 Year Total $1,569.26 10 Year Total $1,755.79 10 Year Total $2,518.34 15 Year Total $2,248.25 15 Year Total $2,515.03 15 Year Total $3,607.81 Pro iecLed 15 Year Energy Savings .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. $4,000 $3,607.81 $3,500 $3,000 $2,515.03 $2,518. + IIIIIII 1 Year Total $2,500 $2 248.25 IIIIIIIII 5 Year Total $2,000 pp ppppppppppppppppppp $1,755 IIIIII 10 Year Total $1,428.8 zoo 15 Year Total $1,500 /////////// $890.2 $996.5'zzz/®zz, $1,000 L' $557.2: $389.1 � fill fill. $500 $347.0 f .... .... Fit 111111111111111111111111111111111111111111111111 StandardIII:II°f lil lil n lid III DiFlil lil n II IlligIV i III DiFlil lil n Created by: CLEAResult Consulting,Inc. Confidential Information 11/2/2009 Libray RTU4 TRANE < 5 ton Equipment Size(tons) 1.98 Number of Units 1 Equipment Type Room Air Conditioner A/C Replacement Potential Savings & Program Incentives* iv ul i �. Ia uufl�'INhYw° ii ®�IIII i li'fd8l llIPII'II W H i Loh uuu m m11 Vm 1 mi a 40 .1 u Sfandard Efficiencyi °fici e n Il l lilg ll l Efficiency Equipment Rating 11.5 Equipment Rating 14.0 Equipment Rating 16.0 Efficiency Ratio Type EER Efficiency Ratio Type SEER Efficiency Ratio Type SEER Demand Reduction(kW) 0.40 Demand Reduction(kW) 0.45 Demand Reduction(kW) 0.64 Energy Reduction(kWh) 860 Energy Reduction(kWh) 961 Energy Reduction(kWh) 1379 Program Incentive Amt. $106.98 Program Incentive Amt. $120.06 Program Incentive Amt. $171.36 Annual Energy Savings $68.77 Annual Energy Savings $76.89 Annual Energy Savings $110.34 1 Year Total $175.75 1 Year Total $196.95 1 Year Total $281.70 5 Year Total $450.81 5 Year Total $504.52 5 Year Total $723.05 10 Year Total $794.64 10 Year Total $888.99 10 Year Total $1,274.75 15 Year Total $1,138.48 15 Year Total $1,273.45 15 Year Total $1,826.44 P"ro iecfed 15 Year Energy Savings $2,000 $1,826.44 $1,800 $1,600 $1,400 $1,273.45 $1274 "r IIIIIIIII 1 Year Total $1,200 $1,138.48 11111111111111 11111111115 Year Total $1,000 $ggg g•'pggqeqqqqqqqqqqqqqqqqq� ll1 10 Year Total $794.6�p IIIIIIIII 15 Year Total $600 $450.8..j1 $504 5 d $400 1111111111111111111111111111111111111111111111111 $281. tmonnon Dllmlllll $200 $175.7moommoomon $196.9"1111111111111111111111111111111111111111111111111 ' $0 Standard III';II°r lil lil n id III';Il rricioncy III liglul III';Il rricioncy Created by: CLEAResult Consulting,Inc. Confidential Information 11/2/2009 Library RTU5 TRANE < 5 ton Equipment Size(tons) 4.92 Number of Units 1 Equipment Type Room Air Conditioner A/C Replacement Potential Savings & Program Incentives* fmul uu NY ° i ®�I i i0000 ll EW I W . H� i StandardSLandard Efficiencylied Efficiency Illliglh Efficiency Equipment Rating 11.5 Equipment Rating 14.0 Equipment Rating 16.0 Efficiency Ratio Type EER Efficiency Ratio Type SEER Efficiency Ratio Type SEER Demand Reduction(kW) 1.00 Demand Reduction(kW) 1.11 Demand Reduction(kW) 1.60 Energy Reduction(kWh) 2131 Energy Reduction(kWh) 2383 Energy Reduction(kWh) 3419 Program Incentive Amt. $266.54 Program Incentive Amt. $296.74 Program Incentive Amt. $426.96 Annual Energy Savings $170.47 Annual Energy Savings $190.62 Annual Energy Savings $273.53 1 Year Total $437.01 1 Year Total $487.35 1 Year Total $700.48 5 Year Total $1,118.90 5 Year Total $1,249.82 5 Year Total $1,794.60 10 Year Total $1,971.25 10 Year Total $2,202.91 10 Year Total $3,162.24 15 Year Total $2,823.60 15 Year Total $3,156.00 15 Year Total $4,529.88 ILE iecLed 15 Year Energy Savings $5,000 $4,529.88 $4,500 $4,000 $3,500 $3,156.00 $3,162 2 I 1 Year Total U J11111111 11111111115 Year Total $2,500 11 $2,202: 111 10 Year Total $2,000 $1,971.21111 IIIIIIIII 15 Year Total $1,794.6 d $1,500 $1,118.9'd [ f $1,000700 4 111111111111111111111111111111111111111111111111 $500 $437..0 $487.31111111111111111111111111111111111111111111111 11 StandardIII';II°Di Iil lil of 11 lid III DiFIil lil of 11 I1 l0 i III DiFIil lil of 11 Created by: CLEAResult Consulting,Inc. Confidential Information 11/2/2009 Library RTU6 TRANS < 5 ton Equipment Size(tons) 1.42 Number of Units 1 Equipment Type Room Air Conditioner A/C Replacement Potential Savings & Program Incentives* fmul i 1 �. ill IW IIIII Int'filw° ih New i lif�i llll iEW In W H i i� mouui Viuu uuu i m p mtliii i Vm i mi i u iNi i uiii i i u Sfandard Efficiencyi °ficien Illlilglll Efficiency Equipment Rating 11.5 Equipment Rating 14.0 Equipment Rating 16.0 Efficiency Ratio Type EER Efficiency Ratio Type SEER Efficiency Ratio Type SEER Demand Reduction(kW) 0.29 Demand Reduction(kW) 0.32 Demand Reduction(kW) 0.46 Energy Reduction(kWh) 614 Energy Reduction(kWh) 687 Energy Reduction(kWh) 985 Program Incentive Amt. $77.10 Program Incentive Amt. $85.53 Program Incentive Amt. $122.86 Annual Energy Savings $49.12 Annual Energy Savings $54.92 Annual Energy Savings $78.81 1 Year Total $126.22 1 Year Total $140.45 1 Year Total $201.67 5 Year Total $322.69 5 Year Total $360.15 5 Year Total $516.92 10 Year Total $568.28 10 Year Total $634.77 10 Year Total $910.99 15 Year Total $813.88 15 Year Total $909.39 15 Year Total $1,305.05 $1,400 $1,305�05 $1,200 $1,000 $909.39 $910� daaaaaaaaaaaaaaaaaaaaa� 1 Year Total $813.88 5 Year Total $aoo �� 1111111111 $634.7 r ll1 10 Year Total $600 $568.2'u $516.9 pms»/) IIIIIIIIII 15 Year Total $400 $322 . nrr�rrrm $360.1 ®,,,o $201.6 $200 $126�. $140.4..�,�f 1111111 $0 Standard III';II°r lil lil n id III';Il rrlil lil n I1 lil i III';Il rricioncy Created by: CLEAResult Consulting,Inc. Confidential Information 11/2/2009 A/C Efficiency Savings Comparison Standard Efficiency Cho-senrEfficiency High=Efficiency Annual kWh Annual Energy Annual kWh Annual Energy Annual kWh Annual Energy Unit Name/Location est.kW saved saved INCENTIVE Savings est.kW saved saved INCENTIVE Savings est.kW saved saved INCENTIVE Savings Fire Station 1 AC 2 0.81 1741 $216.64 $139.27 0.91 1946 $242.90 $155.68 1.3 2793 $347.65 $223.44 Fire Station 2 AC1 0.81 1741 $216.64 $139.27 0.91 1946 $242.90 $155.68 1.3 2793 $347.65 $223.44 Library RTU3 0.79 1697 $211.27 $135.80 0.89 1898 $237.31 $151.85 1.27 2724 $339.38 $217.90 Library RTUS 1.00 2131 $266.54 $170.47 1.11 2383 $296.74 $190.62 1.60 3419 $426.96 $273.53 TOTAL 6 13077 $1,629.86 $1,046.18 8.2 17,685 $1,823.86 $1,169.70 10 20587 $2,594.16 $1,646.97 Projected 15 Ve_ar Energy S_aving--s $30 000 $27,298.78 $25,000 $zo,000 $19,369.29 . 8. 00 -1 Year Total $17,322.50 -5 Year Total -10 Year Total $15,000 , $12,091.6= _15 Year Total $10,829.0 $10,000 $6,860.7' $7,672.3 $5,000 $4,241.1 $2,676.0 $2,993.5' $o tanaara EiTiCiEECE Mid=LfficiEncy - -lip W Created by: CLEAResult Consulting,Inc. Confidential Information 11/2/2009 Trane High-Efficiency Rooftop Units Retrofit-Office Annual Program Annual PROGRAM PROGRAM Trane Summer Incentive kWh Energy Nominal Unit kW Savings Savings Recom'd Baseline Product Model Number ($160 per Savings Tonnage Efficiency Over ($0.08 per Efficiency Efficicncy Line kW&$0.05 Over Baseline 'blended' per kWh) Baseline kWh) YSC036E 13.0 SEER 0 $0.00 0 $0.00 Precedent 4YCY4036 14SEEF Ord $60 35 5 67 $45 36 ;; 3 14.0 SEER 13.0 SEER ntlIltllp�lllllllllllll,(IIIIIIIIIIIII'' lllj lllil1llill11llillllrllllllIIIIIIIIIII IIIIIIIIIIIIIIIIII 6Illil u' II,,li, ,,�m' � Iliim m6ll ��:8 m III (III Il a IIIIII IIIIIIIIIIIIIIII uum uum uuu ullluuulllllllluuuulluuuu uiiol IinI Iluulllllu IuuIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Ilhlllllllllll*IIII uuuuuuuuuumiiiiiiiiuuuuu Vuullllllmuoiuum�ilii Illmuuuu ,,,,,,,,uuuuuuuuiuuuuuuuuuuuu Viper 4YCZ6036A 16.6 SEER 0.5 $154.55 1,491 $119.28 YSC048E 13.0 SEER 0 $0.00 0 $0.00 Precedent 4YCY4C14$ 14 SEEF 0 3: $ 5r75 755 $60 40 4 14.0 SEER 13.0 SEER rt �� m ,,,i ,,,, °I�, u luuuiumim uuumuuu, m uull Vuuuuuuuum uuu uum mul Vuuuuu m �, Ilu uuuuumuuuuuuu uu Iiii '°�U�„ '.: IIIII I IV' � 10 ii .:gib I Ilu Vuuuuunnl uum uum uum Ium�llVuuuuuuuuuuVuum uum I�',I I,uul u V V,�' ��:� uulV� ,lur uu*uuium uumiumiil Viper 4YCZ6048A 16.0 SEER 0.6 $181.45 1,709 $136.72 YSC060E 13.0 SEER 0 $0.00 0 $0.00 5 14.0 SEER 13.0 SEER ziii:, OSEEF 0 3 $ 7 1 79 S5 $63 Precedent 4YOY4060 iI , IY III IIIII IIIII IIIIIIIIIIIIIIIII III IIkIi a IIigilillmllilullillui llillliumiu iiiuul"mlmil lulilullllll i"lu1'i0luuu uuo 11 ll Illlilllllll"illmuil lip::; iilmil"�luu " Viper 4YCZ6060A 15.1 SEER 0.6 $174.50 1,570 $125.60 YSC072A4 10.2 EER 0.9 $272.55 2,571 $205.68 6 11.5 EER 10.1 EER Precedent Y$C074 11 4471,0 4,14 3313▪ 6 '" ll0100001.1.1.1.1.1.0 UlmlellUU mlllllllmlluu'i III IU I uuu ulul,11, iill00ll0,:i uIIIV ulll u�:�:� lu l mm YSC092A4 10.3 EER 1.3 $379.35 3,427 $274.16 7.5 11.5 EER 10.1 EER Precedent Y�C05 4 11 SEE 1 56L90 5 17 14 4 m mmllllluuuull nn ull IIIIII nnm100000000000 !I,: IIII II(IIIIIIII 1111 II s IIIII r of mlmll U uuu fiium y,a � niiilf�:�::::::::::::::::::::: 0,0000000000000000000000000000000000000000 YSC102A4 10.1 EER 1.2 $361.75 3,395 $271.60 8.5 11.5 EER 10.1 EER Precedent YC74 11 � $645 40 6 - 46944�� u U IIIIVI ouuglVuuml Im m I nnm nnlil IIIII '„ Uu a uuu u f u ll U a ku ill10iiiiin n's !'"mm„ Ir �� Vuu:.,,,�: YSC120A4 10.2 EER 1.6 $470.25 4,285 $342.80 10 11.5 EER 10.1 EER Precedent Y�CIIOE4,,,,,, ,_10,6EE ,, . ,,,,5 ,, $431▪36,,,, a umllllllllll II ull ull Illlmiuouullllll nnm I0III �� 1I:: �� ,IIII Illluumlllllllllllllll oII IIIIIIIiiuullllliiiiimll I°,I Illlm illiilmn,l l ii off ,�� III nn w � III�I��IIL�,�; i I mmmmimndllllll Vuim:..:...�:�: Uluuuuuuuuuuu�iluuuiiiil��V000luuuuuuuuu YC*150D 9.6 EER 2.2 $657.10 6,102 $488.16 12.5 11.5 EER 9.5 EER Voyager YC 151 16,3,EE ,,, , ,,,44, ,,,, 1,30h , ,,,,Ito G4...,. 57 ,, iiiimiiIiii,ap uuur III IVl %Ihl uuu uum IIIII I iii 0, 1 11 0 0 �� II I °I Iml uww IIIIIIIIIII IVIII VuuIIiIIUnu mm. � iium uuur: II� uum YC*180B 9.7 EER 2.9 $854.25 7,805 $624.40 15 11.5 EER 9.5 EER Voyager YC 1&1C 115 EE# 5 5 $1,O537 35 15,047 $1, %03▪76% mm,� m lluu ollluui ' ` II U' ,011 .1 VI %..uum IuIum iIr m Ili i mlu d III I I uuuur uuuur YC*210C 9.6 EER 3.1 $923.15 8,543 $683.44 17.5 11.5 EER 9.5 EER Voyager Y 1 ............. .. ?Ems:....,.. ...5.7. r & 5. ..... '� .:.....:,..$1 3 ` Iiii immmmmhuuhuuuuum uum um I l llllluul i., ul V , If I III f I" ii u I III uiullllll I� �� V II IIIIVI III iium uunm � II�""� YC*240BI 9.5 EER 3.3 $983.35 9,107 $728.56 20 10.5 EER 9.3 EER Voyager YC 41C 10 6� 5r7 $1zzz,0 4 15,644 $1,751▪5Z IImuu' ld II II uum II`' Illilllllllllllllllllllllllllillllllllllllllllllllillllli uuuum uIIIIlI II IIII II I" l�� I,::, I il"llll'I'�i I I gi IIIII,,,,,,,,,,,,,,,,,,,,,,,,ll ul l u l II YC*300B 9.7 EER 4.2 Il U II Illillllrli,lllllllllllul IIIIi $1,241.20 lllllllllll"l lllll"IIwlll"l IIIIIIIIIIIII 11,384 $910.72 25 10.5 EER 9.3 EER Voyager YE*301C 10 4 EEF $ 1Z 75 19 ASS....,.$1,564▪40;- ufy IIII IU��p,pp�umi, �l i,I1111111111111111111111111111111111 '� w 1qp „, IIV� m,,,,, w IIIIIIIIIIUmllmuuulllluuunmuum(IIIIII Illlllllmlllllllllllllll uumuuuimll VuuullVlilluu V�uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum uuuummiuuN lluuuuuuuuuuuuuuuuuuuuumiuuuuuuum =standard-efficiency unit =high-efficiency unit 1111111111111 =premium-efficiency unit =ultra-high-efficiency unit York High-Efficiency Rooftop Units Retrofit-Office Program Annual Annual Summer Incentive Energy PROGRAM PROGRAM York kWh Nominal Unit kW Savings ($160 per Savings Recom'd Baseline Product Model Number Savings Tonnage Efficiency Over kW& ($0.08 per Efficiency Efficicncy Line Over Baseline $0.05 per 'blended' kWh) Baseline kWh) DNZ024 13.2 SEER 0.0 $3.35 67 $5.36 2 14OS EER r 01,,,,,,,,,,, $31u�.9s=" 1u 9 $2S.52""; IIiu u7ui II if IIII, „ p1� t 6it illVilli o00i1111 IIIu 1Um 1mluau uu l lu u ll,sci riII rrihri iridirmliiiiiuuuuuuuuuuuuuuum iii lllu lnl msm l l uuullm imullil luuusl00 luii000000000000 DNZ036 13.0 SEER 0 $0.00 0 $0.00 3 14.0 SEER 13.0 SEER Affinity [DNYO36rrrrrrrrrrrr 24O SEER fJ, """ rrs5r.-, arrrrr" 47 3f�2rr 4 li uhfi iuh uml iiimhuuiumhuuiumiumhugillilliuuu IuI@mhiu uouuuuui i UIhu umllli � ll0 l� 0 iiu 11u1i a,, I , t ..w� t m uuu lVlll lidll lllllllllllll l � IVIIIIIIII III u illi ol DNZ048 13.5 SEER 0.1 $32.40 328 $26.24 4 14.0 SEER 13.0 SEER Affinity [DNYO43 14, ,- EER Or, """"' 63$5 637,,, 6f 4 " II IIII , illUVI uuuuuuuuuu uu,uuuuullllllmVu� Vumuuuumm ,; u "6,I 1111111111[1211111 mmu ummmni uuuuuuuuuuuuuuuuuuuuuuuuuuuu "uuuuuum uu m mM'M: IAm mull IIVIIIIIIIIIIIIIII IIIIIIIIIIYIYImI IIIIIIIIIIII mIIIIIEIR I III"Im' ��nm�m�rnm�nmi IIIIIIIIIIIIIIIII'I Illll l�imllllllllll ll l DNZ060 13.0 SEER 0 $0.00 0 $0.00 , 5 14.0 SEER 13.0 SEER Affinity I NYf BiCS,,,, "" 1 :7'SEER fJ """"' $rf.35"""' 67',,, $45. 6 II a i li Vu Vu uu u u umummlm ptllllllil ll I t t"� mo IW"ni l mm fI m „6' t llV, mm miiimnmmmnnmmmiimm m uu uuuuumlul luuu uuumuuuuuuumlll llmlm um lrl lmmmrrmlmmiimirlrlrlmlmmiiii: muUllUuulllmuumlmllmuuullllUuulllllllllllllllllllllllll DF078 10.4 EER 1.2 $349.60 3,152 $252.16 6.5 11.5 EER 10.1 EER Predator ZHG 7 1I,4 EER a ,527 6 4,,792 $3$3 36 ullllI, IIlIlljjjijjjijjjijjjijjjijjjijjjijjjijj lilll IIIII� VglupmpVml ul IIIIIII I� iiiouu°uu III lif n'I IVI lkp "I0 " li� '"'m"'"'°,� uuuuuuu ulVmummu miiiminl��nlnl�� m iiiiiii iiiii iiiiii iiiiii iiiii dlliuuuugp i11111 i uuuuuuuuuuuuuuuu11?1u Uliuilliuum00UuuuuuuuiuuuuuuuuuuURlk lllulinlnl inlnlmlmm n5111m UliuuuuuuuuuuUlluum00uiiuuuumuuuuuuuuuuuUl DF090 10.5 EER 1.4 $416.10 3,842 $307.36 7.5 11.5 EER 10.1 EER Predator ZF f r6Vrr" " 114 EERrrrr: 2,,,,""" $S96:5O;,,, 6rr5Atirrrrrrrrrrrrrrr $!42.4,t iumiuuliugiiiiip„ ;gym m IIII uuu, uuu III 4u '`l u l IVIi VI m u Iglu I ; I lid umW du„,:i', u m uuuuuuuuuuuuuuuuuuuuuuuuuuuu II I,,,,,iuiilna,,„„uuu dlol miuun innuum 01mo0oo0 Illllllmlllllll uuuIIUVUUuuU63 lllilnnlmmm.nlmlmm:nlnlmlmm: llllll llll00llll Il llllllllllllllllllllll DF102 10.4 EER 1.5 $446.10 4,122 $329.76 8.5 11.5 EER 10.1 EER Predator Dl-(1f52 11.OSEER ,5928O 5,466 $4364R "' llulllullllllllllii � IIIIIIIIIU q I;mull mII��11Iu�Ii, !pol°°huuhuuhuuilp UlUllii1ll iiaiiiiii�iiiiiii�i �uuu� u iih�uliIIIIIII IIIIIIIIIIIIIII io� IIII IIiIliiilfllMl000000000 DF120 10.4 EER 1.8 $530.45 4,849 $387.92 10 11.5 EER 10.1 EER Predator Qw 2cJ 11 5 EER, 2 $7O4.90 641f $ °13:44 iiiiuiilufllll IlummullluuullllIlIlIl. UIlyvIr IOYIiiouI,�uuuuummuuuuimmumiluVUUVmI,IW im li O'00�"'�� mliiiiiMiiiiiiwummuuuuuuuuuuuuuuuuuuuuuuuuuuuuu uma m iimiA'A'ni uuuunninnuuuuuuuuuuuuuuuuuuuuuuu II1,IIIIIIIIIIIIIIIIIIIIIIIIImllllllllllllllllllllllllllllllll613 II iminlnlnnnnminlnlnlnnnnminlnlnlnnnnm IIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII DM150 9.3 EER 0 $0.00 0 $0.00 12.5 11.5 EER 9.5 EER Predator D1-(150 1 EER a S3105 7 661 $612 6 , , ummllll IIIIIpiIIII�IIIIIiiPl l; oul uI ulllllllllllllllllllll uuul uuuuuuuuuuuuul 1pn uul s. illuiluiluill u m'I IV il0 �IVy� �" li�� Vl w�i .„ IO 11 1, ." mlµ, r,.::. (1111111111 mimyuluumuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu m uum uuuuuuuuuum uum III muuuuuuuuuuuuuuuuuuuuuum uuuulllluum IIIIIII IIIIIII mn�nnninnn nm uuoulluuuuuullluuuuuuuluiiiiil III DH180 10.8 EER 4.6 $1,361.85 12,517 $1,001.36 15 11.5 EER 9.5 EER Sunline DJ18O 12:O EER 6 , $i.8o 65 16,673 $ ,33394. mil I ulgl l uuuul VVI um iuo uuul uum uuu uq liUlmm �� U� ffu miu uuuuuuuuuuuuuuu,uu„uuuuuuuuuuuu 1V IIII nnimnmul A'A'n �� Vuuu unnum III IIIIIIIIIIIIIII nnn IIIIIIII II iminln 2„;,ininlnin�nl IIVIIIIIIIIIIIIIII innn i inlnlnl DH210 10.2 EER 4.3 $1,275.60 11,752 $940.16 17.5 11.5 EER 9.5 EER Sunline DJ210 117 EER 67 $19S 65 a $1.466 64: �� tlliloulollllllllllllllllllll iillllpllllll�lllllll�llllll w I° Ei 1,m -.IN II,nniium uuuuuuuuuuuuuuuuu,,,,iuuuuuuuuuuuuuu IIWI nnuuu1 A'A'n a IIIIIIIIIIIIIIIIIIIY1� IIIIIII uuuul�mn,��nn,��nnnnnm ullouuuuool DH240 9.7 EER 3.8 $1,128.30 10,406 $832.48 20 10.5 EER 9.3 EER Sunline DJ2 11. EER 7>,,, $$2,O771O" 19142 $15 1; 6 IIum�IpiilIh�ppuiuhVV,.,.,.,. 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E . . ...... 4..... .. 716.5 .. .... _ 1 ? :: pouuuuuuuuuuuuuuuuuumuuuuuuuiuuuullllllllll.uuu Iiiiill III lllllllll II IiliUmliiil IppIIIIIIIIIII1111uII ^F!! µ� u uuuuumuuu uuuuuuu uou uvI IIII IIII II III IIV mnn'innn IIIII dIIVI i',...miiil Iu a uhumnnnnnV 6.1.1.hull i IIII a Ilm V"umi?,,,,,Vum I �r1"�III�III�IIuilil� uuu "mIIIIIIIWuIIIII f Weathermaker 48TM012 10.1 EER 1.5 $439.70 3,994 $319.52 10 11.5 EER 10.1 EER Werrrrost r.. ......... 48FiJ(12... ..1i O EER. . ......24......,.. 7 4' .. .... x4 ...., > 13,4�.�. puuuuuuumuuuuuuuuuumluiuuouoipitt uuu�uu� uI�� IWI uu.mumV....i . a lw I l�uu umuuuuuuuumi uuu uui �I ,;� m al�� uI Imlll III * m"m'IIW'IV�.,w IIIIII'�Iry'IV mmns4 �� n ,1...... "u ', I �r1�(IA'II(II u�. 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I f s I�IIog , ' II I I 1 : ..-" minown 1 1 1nl l lrnl l l l lrnl l in m ��IVI mlllll mIml uuuuuuuuuuuuuum willoolooloolooloolooloolo Weathermaker 48TM020 9.7 EER 3.4 $1,012.30 9,366 $749.28 18 / r[rr s r.. .....II.IIII au IIIIIYIY mmn" II luummuii uuuuu u ... iuu 4 71R, 1cJE L ...IIl, .iii .II uIoIIVu.0 Vmlu mlIVuuuuuuuuuuuuulluuuullllu„I,i uII III I i I V a VVi W mum fmiu li uuilmu..u.um,.. V��uI IIIII. . ......III Im......,.0 I I ��II Il� II "lo"pm I'IIIWV "YI iYIYIYI''' uuiYID'�I...,,,! lmmmlmmnn�rlrlrnmmn Im �""'" „„„„„„„,:::„.Weathermaker 48TM025 9.5 EER 3.3 $983.35 9,107 $728.56 20 10.5 EER 9.3 EER /Ilu uuuuuuuuuuuuuuuuuuuluiuuoeumimuuul I a teuul II mu..a III.Iulu.lul....0 IIIr4$"IIIIJ4III 10- 8�uu...u.u.. 1050. ...i6 ... SA l"O2 BEER agm 3u.Suimuu2uu uu4millu"u..`.u,... I ... .. pmm1um uuul . . ......lu u , u w m � Iu w�." II "u' Ty "..uu'I I l,I I01Iui l I. ..:::: Il 1.1 1Ii,: Il uu uuuu m�°" ". . II1III u.n . Weathermaker 48TM028 9.7 EER 4.8 $1,418.40 13,008 .. " .. ..l....,... " mnV $1,0�40.64 25 W h rtil'ast r 4 f0 ; 1 ® R 5 1I6&c 4 7 6 "EE ' IIIIIll! 1 7IIIIIII .IIIa IIIIIII 6iM1uuu .IIIIIUIIIII4IIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIUIuIIIII III ui a u..o IIIIIIIII a umum IIIIIuul 11111mu.u.u.u .. Vi I.uIIVmIIIuh II.. . ......VuM1uuuum...... ..II uuuuu i uiuuulVuuumiu Illluuu 14 uI II i ' rJ1JurIIII IIImII 1;111 lmlrlmlmnnmm;; a m,�:rrr,�1rrrrrmn. =standard-efficiency unit =high-efficiency unit =premium-efficiency unit City of Wylie Wylie, TX 29.4 kW Solar Electric Proposal I 1 1 dV & -G,x ^w 1-1 lAs ...,.ice , _ ,u ,� i , so -�i __li I 4 Ili ! M i Ill ,I_ }''�'t a I 1 + €r ...... Z =tea"' 1 1_1 1 --- mr- gtom" �. ar: — 1 I "; r t i41� 14 i 4 it -. 1 I 1 fii- I I 1' 1 I 1 1 - i I` I }I i ! - (_ _II I 1 :i I I I I I - 11 _ 1 1_1 i F 1 1 #! l a� 7 1. .. t P I I ill t1.1 a, w r I dmze.xzcm } RLo f'8,05IMU v4FN..ESE.Gt3.AF N1i+44lfILR II";4.4 S-207 City of Wylie Civic Center Prepared by: Meridian Solar, Inc. 4109 Todd Lane, Ste. 900 Meridian Austin, Texas 78744 1_ .1 is Tel: 512-448-0055 www.meridiansolar.com 29.4 kW Solar Analysis City of Wylie Wylie,Texas Table of Contents 1.0 Summary 3 1.1 Scope of Work 3 1.2 Turnkey System Cost and Pricing Assumptions 4 2.0 Proposed Solar Photovoltaic(PV)System Description 5 2.1 System Financial Overview—29.4 kW 6 3.0 PV System Operational Overview 7 3.1 Power Conversion 7 3.2 Safety Codes and Procedures 7 3.3 Maintenance Requirements 7 3.4 Warranties 7 3.5 Engineering and Safety 7 4.0 Meridian Solar,Inc. 8 4.1 Key Project Staff 9 5.0 Conclusion 10 October 29th, 2009 Page 2 of 10 Meridian k 29.4 kW Solar Analysis City of Wylie Wylie,Texas 1.0 Summary Meridian Solar, Inc. ("Meridian Solar") prepared this proposal to assist City of Wylie in gaining a thorough understanding of the costs and benefits associated with the professional design and installation of a solar photovoltaic energy system. The following is a proposal to design, supply, and install a 29.4 kW*grid-tied, roof mounted solar electric system on the soon to be constructed City of Wylie Civic Center. Meridian Solar's turn-key price includes all necessary drawings for permits, permitting, installation, training of facility maintenance personnel, commissioning of the system, final drawings, and operation manuals. The system is designed to maximize the City of Wylie's economic return by taking advantage of a $65,856 rebate available through Oncor's Solar Rebate Program. 1.1 Scope of Work A. 29.4 kW* Grid-Tied PV System Scope of Work: Meridian Solar will provide Design, Permitting, Engineering, Materials, and Installation Services as detailed below. 1. Meridian Solar will permit, install, interconnect, and commission a 29.4 kW* roof mounted PV system including the following: a. Supply all renewable energy components, equipment, and associated hardware b. Install PV attachments, PV racking, PV modules, associated wiring, and combiner boxes c. Install conduit point of electrical interconnection to the array location with associated wiring d. Install PV inverters, PV meter, conduit, associated wiring, and PV disconnect e. Complete all technical components of the utility interconnection agreement f. Provide data monitoring software and hardware to allow continuous monitoring of critical system performance metrics through the site's existing Ethernet connection g. Arrange inspection of the PV system with local Utility 2. Meridian Solar will provide all PV system submittals after contracting 3. Meridian Solar will secure the available rebate for the City of Wylie through Oncor's Solar Rebate Program 4. Meridian Solar will provide status reports upon request 5. Meridian Solar will develop and produce 2 copies of an Operation and Maintenance Manual for the renewable energy system, including as-built drawings, manufacturer-supplied installation, operation, and maintenance manuals 6. Meridian Solar will comply with all applicable federal, state laws, local laws, regulations, and policies 7. Meridian Solar has a Safety Plan in place for all installations. All field technicians are OSHA 10-Hour Certified and trained in the hazards associated with PV system installation October 29th, 2009 Page 3 of 10 Meridian 29.4 kW Solar Analysis City of Wylie Wylie,Texas 1.2 Turnkey System Cost and Pricing Assumptions A. Turnkey Solar PV System Cost: $139,944 Oncor Rebate amount: $65,856 Net Cost after incentives: $74,088 * System size of 29.4 kW is dependent upon full design review of installation location and verification of assumed installation criteria. Actual system size may vary due to configuration and design limitations. B. Pricing Assumptions: a. Subject to a full site assessment to inspect site location for array and address the point of interconnection for complete design analysis b. Utility disconnect has a code compliant point of interconnection c. Unobstruction to the site location for solar generation potential d. Building and roofing material are capable of sustaining the structural load of PV modules e. Roofing material is in suitable condition for PV installation and has been inspected by roofing contractor f. Existing electrical service is current with NEC and local utility code compliancy g. Adequate room is provided for PV components in close proximity to electrical service h. Any penetration and sealing of roof penetration is performed by others i. Data monitoring costs can vary depending upon the specifications and integrations requirements; a data monitoring system with specific data information may require additional cost j. Data cabling and network configuration of data monitoring system to be provided by facility personnel k. Project is Sales Tax exempt; documentation must be provided to avoid tax charge October 29th, 2009 Page 4 of 10 Meridian. 29.4 kW Solar Analysis City of Wylie Wylie,Texas 2.0 Proposed Solar Photovoltaic (PI/) System Description Meridian Solar proposes to install a 29.4 kW grid-tied, roof mounted solar electric system on the City of Wylie's Civic Center. mom 1 1 29.4 kW Solar Installation _.. - Solar PV modules to be mounted on the .; roof area of the Coty of Wylie's Civic ° Center -s r -..1- .IA t - DC to AC conversion will be provided via I -€ I CEC approve et - The proposed system utilizes a ballasted ' i t € t € , 4� on roof area of the civic center with the E if; modules mounted at a 10° pitch , � € ,� f ,' ;` - Projected Year One Electrical Production d ,., • 39,140 kWh € t t j'- f f .. il„. _,...,,,,A, � 3 a .,0.1 4500 41155 4000 - 3776 3964 3978 3508 w3500 - 3451 3422 3208 n 3000 - 429 2641 g 2500 - 2431 21$7 2000 1500 - g 1000 -` 500 1 2 3 4 5 6 7 8 9 10 11 12 Month 29.4 kW Monthly Output Projection 10°Pitch and 180°Azimuth—Wylie,TX October 29th, 2009 Page 5 of 10 Meridian 29.4 kW Solar Analysis City of Wylie Wylie,Texas 2.1 System Financial Overview- 29.4 kW Meridian has based its financial analysis of the proposed 29.4 kW roof mounted solar electric installation on the following guidelines: • 9.70 per kWh current electrical cost with an 8% annual increase • No federal tax incentives available given City of Wylie's government status • Annual kWh production degradation of .05% per year based on manufacturer's warranty guidelines • Projected kWh production based on the National Renewable Energy Laboratory's "PV Watts" performance calculator(see attached PV Watts output document) ■ http://www.nrel.gov/rredc/pvwatts/ System financial performance System Cost Solar Electric Avoided Installed Cost $ 58. System Energy Cost from 05,85 Generation electrical Cumulative Utility Rebate -$l3$ Yr (kWh) Price/kWh generation Savings Net Cost after Incentives I $74.1 0 1 39,140 0.097 $3,797 $3,797 2 38,944 0.105 $4,080 $7,876 Financial Performance 3 38,750 0.113 $4,384 $12,261 Avg Annual Energy Savings $12,991 4 38,556 0.122 $4,711 $16,972 30 Year Avg Annual Cost/kWh $f0 5 38,363 0.132 $5,063 $22,034 Estimate Simple Payback 't2.*Year* 6 38,171 0.143 $5,440 $27,475 Internal Rate of Return 11: 7 37,980 0.154 $5,846 $33,321 8 37,790 0.166 $6,282 $39,603 9 37,602 0.180 $6,751 $46,354 10 37,414 0.194 $7,255 $53,609 11 37,226 0.209 $7,796 $61,405 $74,088 cost after rebate is 12 37,040 0.226 $8,377 $69,782 recouped at year 12.5 of 13 36,855 0.244 $9,002 $78,784 operation based on 9.7¢ 14 36,671 0.264 $9,674 $88,458 value per kWh produced with an 8%annual 15 36,487 0.285 $10,396 $98,854 escalation of electrical 16 36,305 0.308 $11,171 $110,025 rates 17 36,124 0.332 $12,004 $122,029 18 35,943 0.359 $12,900 $134,929 19 35,763 0.388 $13,862 $148,792 20 35,584 0.419 $14,896 $163,688 21 35,406 0.452 $16,008 $179,696 Environmental Performance 22 35,229 0.488 $17,202 $196,898 23 35,053 0.527 $18,485 $215,383 Equiv.Acres of Trees Planted 1.2 a ,- 24 34,878 0.570 $19,864 $235,247 CO2 Emissions Reduced 5293265/yr' 25 34,704 0.615 $21,346 $256,593 26 34,530 0.664 $22,938 $279,531 27 34,357 0.717 $24,650 $304,181 28 34,186 0.775 $26,488 $330,670 29 34,015 0.837 $28,465 $359,134 30 33,845 0.904 $30,588 $389,722 October 29th, 2009 Page 6 of 10 Meridian 29.4 kW Solar Analysis City of Wylie Wylie,Texas 3.0 PV System Operational Overview 3.1 Power Conversion Once installed, the PV array will produce DC electricity when exposed to sunlight.The array will connect to the building's main electrical system through 3-phase DC to AC inverters,which will convert the DC power produced by the solar modules to AC power supplied by the utility and used in the building. The system will operate under the current Oncor Net Metering protocol,which allows power generated beyond the immediate usage of the building to be fed back into the utility grid. Because a large percentage of the energy produced is during"peak" periods, the most expensive electricity the building normally draws from the Utility grid will be offset, in part, by the PV system. 3.2 Safety Codes and Procedures Grid-tied solar electric systems are regulated by the National Electric Code and include standards for every component and process used to install and operate the system and all components will have the necessary UL listing. To prevent the possibility of feeding live power into a non-electrified grid, the system will automatically shut down during a power outage. In addition, in accordance with Oncor's solar rebate program, before the system is commissioned, an Oncor official will perform a complete final inspection. Meridian Solar's NABCEP Certified Master Electrician will oversee the AC interconnection process from start to finish. 3.3 Maintenance Requirements The proposed system has been designed for minimal maintenance requirements. These largely consist of periodic checks every few years to ensure mechanical and electrical connections are sound, the array is clean and power-conditioning equipment is working properly. Meridian Solar will train on-site personnel to operate and maintain the installed system, with Meridian Solar's trained staff of installation and maintenance professionals locally available to provide competent, quick, and responsive service. 3.4 Warranties Meridian Solar will pass through the manufacturers' warranty on all major system components. Modules will carry a limited power warranty that guarantees their output at to a minimum of 80% of nameplate rating for 25 years. The inverters will carry a warranty for 10 years. Meridian Solar will further warrant all balance of system components for a minimum of 5 years and all defects in workmanship supplied by Meridian Solar for 5 years. This warranty is intended to cover all equipment and services supplied by Meridian Solar, including the modules, inverters, switchgear, and all wiring between system components. 3.5 Engineering and Safety Additional dead and live loads associated with this ballasted installation must be evaluated by a structural engineer to ensure compatibility with existing roof structure. The complete system will undergo electrical and structural engineering review and be designed to meet or exceed local building code requirements, electrical code, and National Electric Code (NEC) guidelines. These costs have been included in Meridian Solar's turnkey price. October 29th, 2009 Page 7 of 10 Meridian 4, 29.4 kW Solar Analysis City of Wylie Wylie,Texas 4.0 Meridian Solar, Inc. Since 1999, Meridian Solar has installed hundreds of PV systems in utility-connected and remote power applications throughout the United States. Many customers, including government agencies, municipalities, schools, and businesses large and small, have relied on Meridian Solar's expertise to implement PV technology on their behalf. Through this deep experience, Meridian Solar has developed the ability to anticipate a wide variety of site issues and troubleshoot accordingly to ensure a successful installation. Our decade of experience has also afforded Meridian Solar the opportunity to build relationships with suppliers across the globe. As a result, our clients rest assured that Meridian Solar is in a position to provide the highest quality system at the lowest cost compared to any solar installer in Texas. Furthermore, Meridian Solar's relatively large size and stability provides security to our clients that we will be their preferred, long-term PV service provider. In sum, Meridian Solar has the hands-on experience and relationships needed to successfully design, build, and install the proposed PV systems herein and fulfill the warranty requirements defined in this proposal. We are pleased to provide this proposal and offer the following capabilities to help ensure a successful project: • World Class Experience — Meridian Solar has over ten years in the renewable energy industry. Collectively, Meridian Solar's key staff has over 50 years of solar electric system design and installation experience. • Award Winning Projects — Meridian Solar won the Texas Renewable Energy Industries Associations'(TREIA)"2006 Project of the Year Award"after designing, installing, and commissioning what was then the largest PV system in Texas at Ft. Sam Houston. • Proven Installations— Meridian Solar has installed the most photovoltaic generating capacity of any company in Texas. In 2006, Meridian Solar was responsible for over 70% of the PV installed in Texas. Our installations have demonstrated their reliability and performance throughout the State of Texas, as well as, nationally. • NABCEP® Certification — Meridian Solar employs more National American Board of Certified Energy Practioners (NABCEP) certified installers than any other company in Texas. Andrew McCalla, the CEO of Meridian, is an inaugural NABCEP Certified Solar PV InstallerTm. Six other members of the Meridian staff—Charles Farmer, Jason Comstock, Tony Gust, Vicki McAninch, Eric Kay, and Travis Moller—also are NABCEP certified. • Independent Supplier— Meridian Solar is the preeminent PV system integrator in Texas and offers the best choice of technologies for a given project. Meridian Solar offers independent analysis of the various products in the marketplace, providing unbiased product recommendations and the best technology match for a given application. • Capabilities — Meridian Solar has the technical, financial, and business experience needed to successfully complete government, industrial, commercial, municipal, and residential renewable energy installations. Meridian Solar also is a licensed Electrical Contractor(TECL 24461). • Excellent References — Meridian Solar has designed and installed PV systems for major utilities, government agencies, large corporations, schools, non-profits, and hundreds of residential homeowners. Some of our clients include the US Army Corps of Engineers, Duke University, H.E.B., University of Texas, Austin Energy, LCRA, IBM, Applied Materials, REI and many more. With over a 2 MW of installed PV capacity, including two of the largest operational PV systems in the state, Meridian Solar is the leading PV design and installation firm in Texas. October 29th, 2009 Page 8 of 10 endian 29.4 kW Solar Analysis City of Wylie Wylie,Texas 4.1 Key Project Staff Meridian Solar features a team of industry leaders with a combined fifty years of experience in the field. Below is a list of our key project staff: Andrew McCalla, Meridian Solar's CEO, has been a professional in the solar industry since 1995 when he joined SWPV, a photovoltaic distribution company, to head its international sales and design efforts. After 4 years, Andrew founded Meridian Solar to fill the regional need for high-quality renewable energy system design and installation. One of two inaugural NABCEP-qualified (North American Board of Certified Energy Practitioners) installers in Texas, Andrew has served on the board of the Texas Solar Energy Society, currently serves on the board of the Texas Renewable Energy Industry Association and is a regular presenter at industry events and conferences. Mark F. Begert has served as CFO of Meridian Solar, Inc. since June 2008. Recently, Mr. Begert served as Chief Financial Officer of Linktone Ltd., a leading wireless technology developer based in Shanghai, China, from 2001 until 2005 successfully leading the company to its Nasdaq initial public offering in March 2004. Previously, Mr. Begert was a Vice President in the fixed income capital markets group of Merrill Lynch in New York and London. Harold D. Marshall Jr. ("Casey") has served as the COO of Meridian Solar, Inc. since June 2008. Mr. Marshall has 12 years of energy and alternative energy experience, having worked in Chase Manhattan Bank's Energy Group, as an officer of a hydrogen fuel cell start-up in the United Kingdom, and in Deloitte Consulting's Strategy& Operations Group where he was instrumental in developing Deloitte's Alternative Energy Consulting Practice. Max Davis is the VP of Projects at Meridian Solar. Max brings over 25 years in construction operations to Meridian Solar. He has extensive experience managing commercial, educational, and government projects ranging up to$450 million. Charles Farmer is the VP of Design at Meridian Solar. Mr. Farmer is NABCEP Certified PV System InstallerTM and was founder and President of his own successful renewable energy business before joining at Meridian Solar. He has designed and managed government, commercial, and residential renewable energy projects and has over 25 years experience designing and managing technical projects. Eric Kay is a licensed Master Electrician in the State of Texas and a NABCEP Certified PV System InstallerTM. Eric's background includes extensive commercial electrical experience, as well as an in- depth understanding of the National Electric Code as it pertains to PV system installation. Jason Comstock is a NABCEP Certified PV System InstallerTM and Project Manager for Meridian Solar. He has completed the solar curriculum at Solar Energy International. Jason has five years of full-time project management experience at Meridian Solar, including a lead role in some of the largest solar electric projects in the state of Texas. Tony Gust is a NABCEP Certified PV System InstallerTM and Project Manager for Meridian Solar. Tony has five years of PV and solar thermal project management experience in Texas and California. Tony has managed the installation of over 1MW of solar generating capacity. Other Solar Technicians: Meridian Solar employs PV technicians with industry specific training and experience. Meridian Solar has a Safety Training Plan in place for all installation projects consistent with industry best practices: all new employees are trained in the hazards associated with PV system installation and are OSHA 10-Hour Certified. October 29th, 2009 Page 9 of 10 Meridian , � . 29.4 kW Solar Analysis City of Wylie Wylie,Texas 5.0 Conclusion Meridian Solar believes the 29.4 kW roof mounted solar installation outlined above provides a manifestation of the City of Wylie's commitment to sustainability and forward-thinking approach to energy planning. Meridian Solar has worked to ensure the system designs, component selection, AC interconnection approach, and aggressive pricing will result in the best possible long term value to the City of Wylie. Meridian Solar would be honored to have the opportunity to make the proposed 29.4 kW system a reality. Our ten-year track record of successfully delivering PV solutions to commercial clients gives us great confidence Meridian Solar will be an outstanding partner. Thank you for the opportunity to present this proposal. October 29th,2009 Page 10 of 10 Meridian . r _ ,