05-22-2012 (City Council) Agenda Packet Wylie City Council
CITY OF WYLIE NOTICE OF MEETING
Regular Meeting Agenda/Election Canvass
May 22, 2012 - 6:00 pm
Wylie Municipal Complex - Council Chambers
300 Country Club Road, Building #100
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
Diane Culver Place 6
Mindy Manson City Manager
Richard Abernathy City Attorney
Carole Ehrlich City Secretary
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie
Municipal Complex, distributed to the appropriate news media, and posted on the City website:
www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted
on the City of Wylie website: www.wylietexas.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 972.516-6020.
CALL TO ORDER
Announce the presence of a Quorum.
INVOCATION & PLEDGE OF ALLEGIANCE
CANVASS OF ELECTION
• Consider, and act upon, Resolution No. 2012-17(R) declaring the results of the
Official Canvass of the City of Wylie General Election of May 12, 2012.
ISSUANCE OF CERTIFICATES TO ELECTED COUNCIL MEMBERS
• Presented by Judge Terry Douglas
May 22,2012 Wylie City Council Special Called Meeting Agenda Page 2 of 4
ADMINISTRATION OF OATH OF OFFICE FOR ELECTED COUNCIL
MEMBERS
• Administered by Judge Terry Douglas
APPOINTMENT OF MAYOR PRO TEM
• Consider, and act upon, appointment of the Mayor Pro Tem for a one year term be-
ginning May 2012 and ending May 2013.
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 May 8, 2012 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and place on file, the City of Wylie Monthly Revenue and Expense Report
for the City of Wylie as of April 30, 2012. (L. Bantz, Finance Director)
C. Consider, and place on file, the City of Wylie Monthly Investment Report for April
30, 2012. (L. Bantz, Finance Director)
D. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie
Economic Development Corporation as of April 30, 2012. (S. Satterwhite, Executive
Director WEDC)
E. Consider, and act upon, Resolution No. 2012-19(R) authorizing the City Manager to
execute an Interlocal Agreement between the City of Wylie and Collin County for
cooperative fire cause determination and prosecutorial activities. (R. Corbin, Fire
Chief)
F. Consider, and act upon, Ordinance No. 2012-17, amending the zoning from
Agricultural District (AG/30) to Single-Family (SF-20/26) District on 2.88 acres
(Blakey Addition, No. 2), generally south of Alanis Drive and approximately 393 feet
west of Ballard Avenue. ZC 2012-06 (R. 011ie, Planning Director)
G. Consider, and act upon, approval of a Final Plat for Blakey Addition 2, creating
three single family residential lots on 2.876 acres, generally located south of Alanis
May 22,2012 Wylie City Council Special Called Meeting Agenda Page 3 of 4
G. Consider, and act upon, approval of a Final Plat for Blakey Addition 2, creating
three single family residential lots on 2.876 acres, generally located south of Alanis
Drive and approximately 393 feet west of Ballard Avenue. (R. 011ie, Planning
Director)
H. Consider, and act upon, approval of an Impact Fee Agreement between the City of
Wylie and PM Wylie MOB, LP. (S. Satterwhite, Executive Director WEDC)
REGULAR AGENDA
General Business
1. Consider, and act upon, the appointment of a 2012 Board and Commissions City
Council Interview Panel to conduct the May/June 2012 board applicant interviews.
(C. Ehrlich, City Secretary)
Executive Summary
Each year the City Secretary's Office solicits and compiles applications from Wylie residents wishing to
serve on various Wylie Boards and Commissions. These applications are received through the year until the
later part of May of each calendar year. Additionally, in May/June of each year, the applications are
compiled into appointment timeframes to allow the three council member panel time to interview each
applicant and subsequently choose a list of applicants to recommend to the full Council to serve two year
terms on the various boards. The terms are staggered so each year approximately half of the members
serving on each board and commission are appointed.
*Proposed interview meeting dates will be Tuesday, May 29th, Wednesday, May 30th, and
Wednesday, June 6th, from 6:00 p.m. - 9:30 p.m. each night. An alternate date of May 31st can be
used in the event panel members are unable to attend one of the above dates.
2. Consider, and act upon, approval of Resolution 2012-18(R) authorizing the City
Manager to execute a contract with Kimley-Horn and Associates, Inc. for the design
of the Woodbridge Parkway reconstruction from Hensley Lane to the Maxwell
Creek Bridge. (C. Holsted, City Engineer)
Executive Summary
The extension of Woodbridge Parkway from Hooper Road to State Highway 78 in Sachse will connect FM
544 to SH 78 and will promote economic benefits for both cities and improve mobility for southeast Collin
County. The design of the Maxwell Creek Bridge is essentially complete and was partially funded in the
2003 Collin county Bond Program. The portion of Woodbridge Parkway from Hensley Lane to the bridge
has not been designed and is necessary for the completion of the connection.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
ADJOURNMENT
May 22,2012 Wylie City Council Special Called Meeting Agenda Page 4 of 4
CERTIFICATION
I certify that this Notice of Meeting was posted on this 18th day of May 2012 at 5:00 p.m. as required by law in
accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was
contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov.
Carole Ehrlich,City Secretary Date Notice Removed
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: May 22, 2012 Item Number: Canvass
Department: City Secretary (City Secretary's Use Only)
Prepared By: C. Ehrlich Account Code:
Date Prepared: May 9, 2012 Budgeted Amount:
Exhibits: 2
Subject
Consider, and act upon, Resolution No. 2012-17(R) approving the unofficial results of the May 12, 2012 City of
Wylie General Election.
Recommendation
A motion to approve Resolution No. 2012-17(R) declaring the results of the Official Canvass for the General
Election of May 12, 2012 and electing Place 2 — Nathan Scott and Place 4 — Bennie Jones to the Wylie City
Council for three year terms.
Discussion
The unofficial results of the City of Wylie General Election have been presented for review by the Wylie City
Council and certified by the Rockwall County Elections Administrator, Glenda Denton.
Approved By
Initial Date
Department Director CE 5/14/2012
City Manager MM 5-18-12
Page 1 of 1
RESOLUTION NO. 2012-17(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, DECLARING THE RESULTS OF THE
CANVASS FOR THE ELECTION RETURNS OF THE GENERAL
ELECTION OF MAY 12, 2012 FOR THE PURPOSE OF
ELECTING TWO MEMBERS OF THE WYLIE CITY COUNCIL,
PLACES 2,AND 4 FOR A TERM OF THREE YEARS.
WHEREAS,the City Council of the City of Wylie, Texas(City)held a General Election on
May 12,2012 for the purpose of electing two members of the Wylie City Council for a term of three
years; and
WHEREAS, a Canvass of the General Election including the returns was conducted on
May 22, 2012; and
WHEREAS, it was found that the persons herein named received the following votes for
said term of office on the Wylie City Council of the City of Wylie, Texas:
Council Place 2,
Nathan Scott received 572 or 59.77% of the votes cast.
Catherine Butschek received 385 or 40.23% of the votes cast.
Council Place 4,
Bennie Jones received 508 or 53.76% of the votes cast.
Gilbert Tamez received 437 or 46.24% of the votes cast.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this Resolution
as if fully set forth herein.
SECTION 2. Nathan Scott is hereby declared to be elected as Council Member Place 2.
SECTION 3. Bennie Jones is hereby declared to be elected as Council Member Place 4.
SECTION 4. The Wylie City Council hereby finds and determines, as a result of the
Canvass, held on May 22, 2012, that a combined Election Day and Early Vote total of 979 votes
were cast in the General Election, with 712 early votes cast, as indicated by the poll list for the
General Election held on May 12, 2012.
SECTION 5. It is hereby declared that the City of Wylie approves and accepts the results of
the General Election for Council Places 2 and 4 as set forth in the Order attached hereto as"Exhibit
A", as determined by the majority vote of the qualified voters of the City of Wylie.
Resolution No. 2012-17(R)
Canvass of the General Election for May 12,2012
SECTION 6. This Resolution will become effective immediately upon its passage by the
Wylie City Council.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 22nd day of May, 2012.
M.G. "Red" Byboth, Mayor Pro Tem
ATTEST:
Carole Ehrlich, City Secretary
Resolution No. 2012-17(R)
Canvass of the General Election for May 12,2012
EXHIBIT "A"
RESOLUTION NO. 2012-03(R)
RESOLUCION NO. 2012-03 (R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
COLLIN, DALLAS AND ROCKWALL COUNTIES, TEXAS, ORDERING
THE GENERAL ELECTION TO BE ADMINISTERED BY THE
ROCKWALL COUNTY ELECTIONS ADMINISTRATOR ON MAY 12,
2012, FOR THE PURPOSE OF ELECTING THE POSITIONS OF TWO (2)
MEMBERS,(PLACE 2 AND PLACE 4),TO THE WYLIE CITY COUNCIL,
TO HOLD OFFICE FORA PERIOD OF THREE(3)YEARS;DESIGNATING
LOCATIONS OF POLLING PLACES; DESIGNATING FILING
DEADLINES; ORDERING NOTICES OF ELECTION TO BE GIVEN AS
PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION;AND
APPOINTING ELECTION JUDGES.
UNA RESOLUCION DEL CONCILIO DE LA CIUDAD DE WYLIE,
CONDADOS DE DALLAS Y ROCKWALL, TEXAS, ORDENANDO LA
ELECCION GENERAL QUE SE LLEVARA ACABO COLECTIVAMENTE CON
EL DISTRITO ESCOLAR INDEPENDIENTE DE WYLIE YADMINISTRADA
POR EL ADMINISTRADOR DE ELECCIONES DEL CONDADO DE
ROCKWALL EL DIA 12 DE MAYO, 2012, CON EL PROPOSITO DE ELEJIR
LA POSICION DE DOS (2) MIEMBROS, (L UGAR 2 Y L UGAR 4), PARA EL
CONCILIO DE LA CIUDAD DE WYLIE PARA MANTENER EL PUESTO POR
UNPERIODO DE TRES ANOS;DESIGNAR LOCALES PARA LOS CENTROS
ELECTORALES; DESIGNAR FECHA DE TERMINACION PARA
REGISTRACION; ORDENAR QUE SE DEN NOTIFICACIONES DE
ELECCION COMO PRESCRITO POR LA LEY EN CONEXION CON TAL
ELECCION.YDESIGNANDO JUECES DE ELECCION.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, THAT:
AHORA, POR LO TANTO, SEA RESUELTO POR EL CONCILIO DE LA CIUDAD DE
WYLIE, TEXAS, QUE:
SECTION 1: An election is hereby ordered to be held on Saturday, May 12, 2012, for the
purpose of electing two(2)City Council members to fill the following expiring terms on the Wylie City
Council; Place 2 and Place 4.
SECCION 1: Una eleccion es por el presente ordenada que se llevara acabo colectivamente
con el Distrito Escolar Independiente de Wylie el sabado, 12 de Mayo, 2012, con el proposito de elejir
a dos(2)miembros del Concilio para el Lugar 2 y el Lugar 4 del Concilio de la Ciudad de Wylie;cual
su termino ha expirado.
EXHIBIT "A"
SECTION 2: The Election Day polling places where qualified voters shall cast ballots at such
locations in the City of Wylie, 2012 General Municipal Election are as follows:
SECCION2: Los locales de los centros electorales donde los votantes calificados votaran el
dia de la eleccion de la Eleccion Municipal General del 2011 de la Ciudad de Wylie, son los
siguientes:
Polling Places
Southfork Mobile Home Park Wylie Bible Church
Community Clubhouse Family Center
216 Southfork Blvd. 206 N. Jackson
Wylie, Texas 75098 Wylie, Texas 75098
Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election.
Los Centros electorales estaran abiertos de las 7:00 a.m. alas 7:00 p.m. el dia de la eleccion.
SECTION 3: Early voting by personal appearance shall be available at the Rockwall County
Elections Office, 107 E. Kaufman, Rockwall, Texas, and Wylie Municipal Complex (Library), 300
Country Club Road, Building 300 , Wylie, Texas, City voters may vote at any of the additional
Early voting locations open under full contract services with the Rockwall County Elections
Administration.
Early voting will begin on Monday, April 30, 2012 through Tuesday, May 8, 2012 during the normal
working hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on Saturday, May 5, 2012 from
8:00 a.m. to 5:00 p.m. and Monday, May 7, 2012 and Tuesday, May 8, 2012 from 7:00 a.m. to 7:00
p.m. Applications for ballot by mail shall be requested from and mailed to the Rockwall County
Elections Administration Office, Attn: Elections Administrator, 107 E. Kaufman, Rockwall, Texas
75087. Applications for ballots by mail must be received no later than the close of business on May 4,
2012.
SECCION 3: Votacion temprana por apariencia personal sera disponible en la Oficina de
Elecciones del Condado de Rockwall, 107 E.Kaufman,Rockwall, Texa y en el Centro Municipal de la
Ciudad de Wylie (Biblioteca), 300 Country Club Road, Edificio 300, Wylie, Texas. Votantes de Wylie
pueden votar en cualquiera de los locales adicionales de Votacion Temprana que estan abiertos bajo
servicios de contrato completo con la Administracion de Elecciones del Condado de Rockwall.
Votacion temprana empieza el Tunes, 30 de april, 2012 hasta el martes, 8 de mayo, 2012, durante las
horas de trabajo normales de 8:00 a.m. a 5:00 p.m. con horas prolongadas el Sabado, 5 de mayo,
2012, de 8:00 a.m. a 5:00 p.m.,y el lunes,7 de mayo, 2012 y martes, 8 de mayo, 2012 de 7:00 a.m. a
7:00 p.m.Las solicitudes para boletos de votacion por correo deben ser pedidas y enviadas por correo
a Rockwall County Elections Administration Office, Attn:Elections Administrator, 107 E. Kaufman,
Rockwall, Texas 75069. Solicitudes para boletos de votacion por correo deben ser recibidas a no mas
tardar para el cierre del dia de negocio el 4 de mayo, 2012.
SECTION 4: Candidates must file for a specific place and adhere to the filing deadlines
accordingly. Candidate Packets are available in the City Secretary's Office. The candidate filing periods
EXHIBIT "A"
for the General Election for Council Seats, Place 2 and Place 4 are as follows:
SECCION 4: Candidatos deben registrarse para un lugar especifico y adherir
consiguientemente a la fecha final de registracion. Paquetes para candidato estan disponibles en la
Oficina de la Secretaria de la Ciudad. Los periodos para registracion del candidato para la Eleccion
General para los Lugares del Concilio 2 y 4 son los siguientes:
General Election Filing Council Seats Places 2 and 4
Registracion para la Eleccion General de los Lugares de Concilios 2 y 4
Beginning: February 4, 2012 at 8:00 a.m.
Ending: March 5, 2012 at 5:00 p.m.
Empezando: 4 de febrero, 2012 at las 8:00 a.m.
Terminando:5 de marzo, 2012 a las 5:00 p.m.
Candidates must file in the City Secretary's Office located at 300 Country Club
Road, Building 100, Wylie Texas 75098.
Candidatos deben archivar sus paquetes en la Oficina de la Secretaria de la Ciudad
localizada en 300 Country Club Road, Edificio 100, Wylie, Texas 75098.
SECTION 5: Direct Record Electronic (DRE)voting machines shall be used in this election
for early voting by personal appearance and Election Day voting. Paper ballots shall be used for early
voting by mail.
SECCION 5:Maquinas electronicas de registracion directa para votacion seran utilizadas en
esta eleccion para votacion temprana en persona y para votacion el dia de la eleccion. Boletos de
papel seran utilizados para votacion temprana por correo.
SECTION 6: The City Secretary is hereby authorized and directed to publish and/or post,
in the time and manner prescribed by law, all notices required to be so published and/or posted in
connection with the conduct of this election. The election, including providing notice of the
election, shall be conducted in accordance with the Texas Election Code and other applicable law,
and all resident qualified and registered voters of the City shall be eligible to vote at the election.
SECCIONN 6: La Secretaria de la Ciudad esta por el presente autorizada y dirigida a
publican y/o anunciar la hora y manera como prescrito por la ley, todas las notificaciones requeridas
que sean publicadas y/o anunciadas en conexion con la conducta de esta eleccion. La eleccion,
incluyendo dar aviso de la eleccion, deben ser conducidas de acuerdo con el Codigo de Eleccion de
Texas y otras leyes aplicables,y todo residents calificado y registrado votante de la Ciudad debe ser
elegible para votar en la eleccion.
SECTION 7: The following election judges are hereby appointed:
SECCION 7: Los siguientes jueces de la eleccion por la presente son designados:
EXHIBIT "A"
Early Voting: Rockwall Election Administration
Votacion Temprana: Glenda Denton Early Voting Clerk, 107 E. Kaufman, Rockwall TX
Smith Public Library
Ruthie Wright Judge, 113 N. Winding Oaks, Wylie TX
Mike Phelps Alternate, 1001 S. Hwy. 78 #92, Wylie TX
Election Day: Wylie Bible Church
Dia de la Eleccion: Ruthie Wright, Judge, 113 N. Winding Oaks, Wylie TX
April Wright,Alternate Judge, 113 N. Winding Oaks, Wylie TX
Southfork Mobile Home Park
Pauline Pittman, Judge, 109 N. Carriage House Way, Wylie TX
Betty Kappelman, Alternate Judge, 1610 Boxwood Lane, Wylie TX
In the event the appointed judges/alternates are unable to execute or complete their duties for
any reason,the Rockwall County Elections Administrator may identify additional alternate judges that
the City Council shall appoint as soon as possible.
En el evento que los jueces designados no puedan ejecutar o completer sus deberes por
cualquier razon, el Administrador de Elecciones del Condado de Rockwall puede identificar jueces
alternos adicionales los cuales el Concilio de la Ciudad designara tan pronto como es possible.
The Mayor and the City Secretary of the City,in consultation with the City Attorney,are hereby
authorized and directed to take any and all actions necessary to comply with the provisions of the Texas
Election Code and any other state or federal law in carrying out and conducting the election,whether or
not expressly authorized herein.
El Alcalde y la Secretaria de la Ciudad, en consulta con el abogado de la Ciudad, por el
presente estan autorizados y dirigidos de tomar cualquier y toda accion necesaria para estar en
conformidad con las provisiones del Codigo de Eleccion de Texas y cualquier otra ley del estado o
federal para llevar acabo y conducir la eleccion, aunque sea o no sea expresamente autorizado en esto.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin, Dallas
and Rockwall Counties, Texas, on this the 14th day of February, 2012.
DEBIDAMENTE PASADO YAPROBADO por el Concilio de la Ciudad de Wylie, Condados
de Collin, Dallas y Rockwall, Texas, este dia 14 de febrero, 2012.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
STATE OF TEXAS § CANVASS OF THE
CITY OF WYLIE
GENERAL ELECTION
COUNTY OF ROCKWALL § ay 12, 2012
I, Glenda Denton, the undersigned Elections Administrator of Rockwall County, do
hereby certify that I have made the actual check and comparison of all the ballots tabulated
as voted with the Return Sheets, and the unused ballots as recorded on the Register of
Official Ballots. I, therefore, make the following findings from the May 12, 2012, City of Wylie
General Election that was held in Collin County, Texas.
I hereby certify the results to be a full, true and correct tabulation, audit and count of
the votes cast in the said election.
WITNESS, my hand on this the 17th day of May, 2012.
t I k 4---
,,4
Glenda Denton
Elections Administrator
Rockwall County
PREC REPORT'GROU9DETAIL ROCKWALL OFFICIAL RESULTS
JOINT ELECTION
RUN DATE�05/12/12 09:25 PM REP0RT'EL30& PAGE 0086-81
0006 WYLIE
TOTAL VOTES % EV'iVD EV'NI00 E0-iVD ED MIDO B8N/Prov
REGISTERED VOTERS ' TOTAL 0
BALLOTS CAST - TOTAL. 979 70I 8 267 8 Il
WYLIE CITY COVNClL, P2
VOTE FOR l
Nathan Scott � . , . . . . . . . 572 59.77 398 O 169 O S
Catherine @utochek . . . . . . . . 385 48.23 291 W 89 0 G
WYLIE CITY COUNCIL, P4
VOTE FOR I
Bennie Jones . . . . 588 53.76 374 U 130 0 4
Gilbert Tnmez. Sr. . . . . . . 437 46.24 805 Q 126 O 6
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Wylie City Council
CITY LIE
Minutes
Wylie City Council Meeting
Tuesday May 8, 2012 - 6:00 p.m.
Wylie Municipal Complex - Council Chambers
300 Country Club Road, Bldg. 100
Wylie, TX 75098
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Eric Hogue called the meeting to order at 6:05 p.m. City Secretary Ehrlich took roll call
with the following City Council members present: Mayor Pro Tem Red Byboth, Councilwoman
Diane Culver, Councilwoman Kathy Spillyards, Councilman Rick White, Councilman David
Goss, and Councilman Bennie Jones.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters;
Finance Director, Linda Bantz; Fire Chief, Randy Corbin; WEDC City Engineer, Chris Hoisted;
Planning Director, Renae' 011ie; Public Information Officer, Craig Kelly; City Secretary, Carole
Ehrlich, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Austin Byboth, son of Mayor Pro-Tem Red Byboth and Brenda Byboth, gave the invocation and
Scout Troop 78 performed the presentation of the colors and led the Pledge of Allegiance.
Troop Leaders Brenda Byboth and Dan Barnhart were present with the scouts.
Scout Troop 78 presented Mayor Pro-Tem Byboth with a plaque of appreciation for his
assistance in the scouting program.
PRESENTATIONS
• Mayor for the Day: Lexi Collins (Mayor Hogue)
Mayor Hogue introduced Mayor for the Day Lexi Collins. Mayor Hogue explained Lexi won the
silent auction for Smith Elementary where she is a student. The winner receives the
designation as "Mayor for the Day." Mayor Hogue administered the student oath of office and
Lexi presided along with the Mayor during the council meeting. All funds raised from the silent
auction go to the local campus PTA.
Minutes May 8, 2012
Wylie City Council
Page 1
• Presentation of Appreciation Plaque to Mayor Pro-Tem "Red" Byboth (Mayor Hogue)
Mayor Hogue and the entire Wylie City Council presented Mayor Pro-Tern "Red" Byboth with an
appreciation plaque for his years of dedication, commitment and service as a Wylie City Council
member.
M. G. "Red" Byboth served as a city council member from 2007 to 2012 and served as the city's
Mayor Pro-Tern from 2008 to 2012. Byboth did not seek re-election in 2012.
The city held a reception in his honor prior to the city council meeting in the lobby. Many of his
friends, colleagues, and City staff members attended.
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.
Jim Henry, residing at 1416 Anchor Dr., Wylie addressed council thanking staff members for
their support for the Wylie Youth Council. He presented a plaque of appreciation to the Police
Department.
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 April 24, 2012 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie
Economic Development Corporation as of March 31, 2012. (S. Satterwhite, WEDC
Executive Director)
C. Consider, and act upon, Ordinance No. 2012-14, amending the Comprehensive
Master Plan, including the Land Use Map of the City of Wylie. ZC 2012-07 (R. 011ie,
Planning Director)
D. Consider, and act upon, Ordinance No. 2012-15, for a Specific Use Permit (SUP) for
an Equipment Rental use on one lot of 2.0 acres (Highway 78 Business Park
Addition, Block A, Lot 2) located at 1211 Highway 78 South. ZC 2012-05 (R. 011ie,
Planning Director)
E. Consider, and act upon, approval of a Final Plat for Wylie Retail Office Park
Addition, establishing 5 commercial lots on 8.7264 acres, generally located on the
southwest corner of S.H. 78 and Kreymer Lane. (R. 011ie, Planning Director)
F. Consider, and act upon, approval of a Final Plat for Woodbridge Centre Phase I,
establishing 11 commercial lots on 24.604 acres, generally located south of F.M. 544
and west of Woodbridge Parkway. (R. 011ie, Planning Director)
Minutes May 8, 2012
Wylie City Council
Page 2
G. Consider, and act upon, approval of a Final Plat for Mockingbird Hill, establishing
3 single family residential lots on 1.34 acres, generally located south of Brown Street
and west of Carriage House Way. (R. 011ie, Planning Director)
H. Consider, and act upon, approval of Ordinance No. 2012-16 creating a construction
work zone for traffic and temporarily reducing the rate of speed on West Brown
Street to 30 mph from FM 1378 to Westgate Way. (C. Holsted, City Engineer)
L Consider, and act upon, a cooperative agreement for additional Law Enforcement
Services, between the City of Wylie, Lavon Lake, Texas initiates agreement no.
W9126G-12-P-0127 and the U.S. Army Corps of Engineers. This agreement is for
the provisions of additional Law Enforcement Services from May 18, 2012 through
September 04, 2012 for a sum not to exceed $50,831.95. (J. Duscio, Chief of Police)
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 Public Hearing and consider, and act upon, amending the zoning from
Agricultural District (AG/30) to Single-Family (SF-20/26) District on 2.88 acres, for
proposed single family residential uses, generally located south of Alanis Drive and
west of Ballard Avenue. ZC 2012-06 (R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed council stating that the subject tract, located at 306 Alanis Drive,
general located south of Alanis Drive and approximately 393 feet west of Ballard Avenue Street. The
property is 2.88 acres in size and is zoned AG/30. The owner/applicant intends to establish three
separate single family residential lots in conformance with SF-20/26 standards.
The request for SF-20/26 zoning allows for medium-density single family residential houses consistent
with surrounding land uses and zoning immediately to the east in providing for minimum 20,000 square
foot lots. The Zoning Exhibit reflects Lots 1-3 and shall serve as Preliminary Plat, establishing lots in
conformance with SF-20/26 standards. Prior to Certificates of Occupancy being issued, a Final Plat must
be approved by City Council and filed with Collin County Clerk's Office.
Seven (7) notifications were mailed to property owners within 200 feet in accordance with State Law. As
of April 11, 2012 no responses were received favoring or opposing the zoning. She reported the Planning
and Zoning Commission voted 6-0 in favor of the zoning request.
Public Hearing
Mayor Hogue opened the public hearing on Zoning Case No. 2012-06 at 6:40 p.m. asking
anyone present wishing to address council to come forward.
Minutes May 8, 2012
Wylie City Council
Page 3
No one was present to address council regarding ZC 2012-06.
Mayor Hogue closed the public hearing at 6:40 p.m.
Council Action
A motion was made by Councilwoman Spillyards, seconded by Councilman Goss to approve
amending the zoning from Agricultural District (AG/30) to Single-Family (SF-20/26) District on
2.88 acres, for proposed single family residential uses, generally located south of Alanis Drive
and west of Ballard Avenue. (ZC 2012-06) A vote was taken and the motion passed 7-0.
General Business
2. Consider, and act upon, the award of CSP # W2012-25-A for an initial term of three
(3)years with two (2) annual one (1) year renewals for Bank Depository Services for
the City of Wylie; to J.P. Morgan Chase in the estimated annual amount of
$40,953.00 and authorizing the City Manager to execute all necessary documents.
(L. Bantz, Finance Director)
Staff Comments
Finance Director Bantz addressed council stating that the depository services requested included the
basic services of receiving deposits, paying items, wiring funds out, receiving funds wired in, stop
payments and other normal banking activities. No investment transaction activities were included other
than safekeeping services. The primary objectives of the Depository Agreement were to maximize cash
availability and to maximize yield after satisfying the goals of safety and liquidity.
Council/Staff Discussion
Mayor Hogue asked if staff scoring showed that J.P. Morgan Chase came in lower than American
National Bank. Bantz replied that was correct and staff was recommending J.P. Morgan Chase for the
depository services. Mayor Hogue asked Director Bantz if the council was required to go with the lowest
bid. Bantz replied that the council should select the lowest bidder that can provide the services at the
lowest cost. Mayor Hogue replied that his concern was the longtime relationship the City has had with
American National Bank. Bantz explained there were still many services American National Bank was
providing to the City including loans and Certificates of Obligation Bonds.
Council Action
A motion was made by Councilwoman Culver, seconded by Councilman White to award the
CSP#W2012-25A for an initial term of three (3) years with two (2) annual one (1) year renewals
for Bank Depository Services for the City of Wylie; to J.P. Morgan Chase in the estimated
annual amount of $40,953.00 and authorizing the City Manager to execute all necessary
documents. A vote was taken and the motion passed 5-2 with Councilman White,
Councilwoman Culver, Councilman Jones, Councilman Goss, and Councilwoman Spillyards
voting for and Mayor Hogue and Mayor Pro-Tem Byboth voting against.
3. Consider, and act upon, Resolution No. 2012-16(R) denying Atmos Energy Corp.,
Mid-Tex Division's ("Atmos Mid-Tex") requested rate change; requiring the
company to reimburse the city's reasonable ratemaking expenses; finding that the
meeting at which this resolution is passed is open to the public as required by law;
Minutes May 8, 2012
Wylie City Council
Page 4
requiring notice of this resolution to the company and ACS's legal counsel.
(M. Manson, City Manager)
Staff Comments
City Manager Manson addressed council stating that ACSC engaged attorneys and consultants to review
Atmos Mid-Tex's proposed rate increase. Additionally, the ACSC cities passed suspension resolutions
earlier this year, extending the effective date of Atmos Mid-Tex's proposed rate increase to June 4, 2012,
in order to permit the cities time to review Atmos Mid-Tex's Statement of Intent. During their review,
ACSC's consultants found justification that Mid-Tex's rates should be decreased. On April 25, 2012, the
company extended the effective date of its proposed rate change, which similarly extended cities'
jurisdictional deadline to June 11, 2012. The purpose of the resolution is to deny Atmos Mid-Tex's
proposed rate increase pending further settlement discussions and to prevent Atmos' proposed rate
increase from automatically taking effect on June 11, 2012.
Council Action
A motion was made by Mayor Pro-Tem Byboth, seconded by Councilman Jones to approve
Resolution No. 2012-06(R) denying Atmos Energy Corporation Mid-Tex Division's requested
rate change; requiring the company to reimburse the City's reasonable ratemaking expenses;
finding that the meeting at which this resolution is passed is open to the public as required by
law; requiring notice of this resolution to the company and ACS's legal counsel. A vote was
taken and the motion passed 7-0.
READING OF ORDINANCES
City Secretary Ehrlich read the captions to Ordinance No.'s 2012-14, 2012-15 and 2012-16 into
the official record.
Mayor Hogue convened into work session at 6:55 p.m.
WORK SESSION
• Discuss Wylie Recreation Center and Bart Peddicord Community Center
membership and facility fees. (R. Diaz, Parks & Recreation Superintendent)
Parks & Recreation Superintendent Diaz addressed council giving an update on the Wylie
Recreation Center and Bart Peddicord Community Center and making some recommendations
for minor tweaks to the fees and regulations.
Diaz made the following recommendations for each facility:
• Raise the minimum age for children getting a membership to 7 years old from 3 years old.
• Raise the adult membership to 18 years of age and up.
• Increase the number of pass holders for a family membership from 4 to unlimited (in the
same household).
• Raise rates for meeting rooms at the Bart Peddicord Community Center to be the same as
the Wylie Recreation Center.
• Clarify the term "large events." The ordinance is currently worded as Bart Peddicord
Community Center Fees (two-hour minimum)($100 deposits required on large events).
Minutes May 8, 2012
Wylie City Council
Page 5
• Clarify whether non-profit organizations are required to pay deposits at the Bart Peddicord
Community Center. The ordinance currently allows non-profit organizations to rent the
facility at no charge, but it is unclear whether such groups should pay a deposit.
Direction from council included:
• Set family memberships over a family of 4 at a "per additional family
member" fee or set fees for each level of family membership, 2-$, 3+$.
• Keep facility fees for the Bart Peddicord and Wylie Recreation Center
different due to the difference in the facilities.
• Review lowering the adult memberships from 17 years and older to 16 years
and older.
• Review charging all not-for-profits some deposit fee for renting the facilities
for large events but not for small meetings.
• Bring revised recommendations back to council for further discussion.
RECONVENE INTO REGULAR SESSION
Take any action as a result of executive session.
Mayor Hogue reconvened into regular session at 7:49 p.m.
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilman
Jones, seconded by Mayor Pro-Tem Byboth to adjourn the meeting at 7:50 p.m. A vote was
taken and the motion passed 7-0.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Minutes May 8, 2012
Wylie City Council
Page 6
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: May 22, 2012 Item Number: B.
Department: Finance (City Secretary's Use Only)
Prepared By: Finance Account Code:
Date Prepared: May 14, 2012 Budgeted Amount:
Revenue and Expenditure
Exhibits: Monthly Report
Subject
Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for April 30, 2012.
Recommendation
Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for April 30,
2012.
Discussion
The Finance Department has prepared the attached reports for the City Council as required by the City Charter.
Approved By
Initial Date
Department Director LB 5/14/2012
City Manager MM 5-18-12
Page 1 of 1
CITY OF WYLIE
MONTHLY FINANCIAL REPORT
April 30,2012
ANNUAL CURRENT YTD ACTUAL Benchmark
BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 58.33%
ACCOUNT DESCRIPTION 2011-2012 2011-2012 2011-2012 OF BUDGET
GENERAL FUND REVENUE SUMMARY
TAXES 17,344,265 386,254 15,235,799 87.84% A
FRANCHISE FEES 2,241,000 57,822 851,053 37.98% B
LICENSES AND PERMITS 411,000 51,958 297,963 72.50%
INTERGOVERNMENTAL REV. 600,272 445 340,559 56.73%
SERVICE FEES 2,716,000 284,065 1,490,635 54.88% C
FINES AND FORFEITURES 307,000 20,703 158,878 51.75%
INTEREST INCOME 19,000 1,874 9,352 49.22% D
MISCELLANEOUS INCOME 341,389 39,631 188,063 55.09%
OTHER FINANCING SOURCES 1,681,997 0 1,681,997 100.00%
REVENUES 25,661,923 842,752 20,254,299 78.93%
USE OF FUND BALANCE 934,010 NA NA NA E
TRANSFER FROM EMERGENCY COMMUNICATIONS 248,224 NA NA NA
TOTAL REVENUES 26,844,157 NA NA NA
GENERAL FUND EXPENDITURE SUMMARY
CITY COUNCIL 95,681 3,907 54,023 56.46%
CITY MANAGER 700,600 50,501 367,871 52.51%
CITY SECRETARY 252,154 19,992 134,934 53.51%
CITY ATTORNEY 128,000 9,276 48,953 38.24%
FINANCE 893,964 54,619 509,070 56.95%
FACILITIES 467,209 22,921 180,632 38.66%
MUNICIPAL COURT 279,959 19,746 129,113 46.12%
HUMAN RESOURCES 201,183 13,831 110,408 54.88%
PURCHASING 151,365 7,467 96,825 63.97% F
INFORMATION TECHNOLOGY 1,003,066 73,125 667,327 66.53% G
POLICE 5,454,207 451,591 3,079,008 56.45%
FIRE 5,735,142 426,255 3,310,306 57.72%
EMERGENCY COMM UN ICATIONS 1,139,996 79,067 522,085 45.80%
ANIMAL CONTROL 327,356 23,783 166,208 50.77%
PLANNING 485,519 41,238 256,825 52.90%
BUILDING INSPECTION 667,438 46,741 369,533 55.37%
CODE ENFORCEMENT 250,748 18,742 115,953 46.24%
STREETS 1,567,725 78,877 748,564 47.75%
PARKS 1,550,830 118,213 795,928 51.32%
RECREATION 212,050 7,430 10,106 4.77%
LIBRARY 1,401,348 111,883 777,781 55.50%
COMBINED SERVICES 3,639,283 199,287 1,913,975 52.59%
TOTAL EXPENDITURES 26,604,823 1,878,492 14,365,428 54.00%
REVENUES OVER/(UNDER)EXPENDITURES 239,334 -1,035,740 5,888,871 24.93%
A. Property Tax Collections for FY11-12 as of April 30 are 98.98%,in comparison to FY10-11 for the same time period 98.61%.
B. Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority.
C.Service Fees:Trash fees billed in October are applicable towards FY 2010-11 revenue with the remaining fees coming from WAVE and
other seasonal fees.
D.Interest Income: In relation to the last 12 months the current interest is in line with projections.
E. Use of Fund Balance:to supplement Debt Service and Replacement/New Fleet and Equipment.
F. Due to the retirement of Purchasing Agent,and subsequent hire of a new employee,expenses have increased;however,these will level out
throughout the fiscal year.
G.Due to the timing of technology purchases,expenses have increased;however,these will level out throughout the fiscal year.
CITY OF WYLIE
MONTHLY FINANCIAL REPORT
April 30,2012
ANNUAL CURRENT YTD ACTUAL Benchmark
BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 58.33%
ACCOUNT DESCRIPTION 2011-2012 2011-2012 2011-2012 OF BUDGET
UTILITY FUND REVENUES SUMMARY
SERVICE FEES 10,341,000 811,507 5,150,775 49.81%
INTEREST INCOME 15,000 1,043 7,368 49.12%
MISCELLANEOUS INCOME 35,000 3,103 23,196 66.27%
OTHER FINANCING SOURCES 0 0 0 0.00%
TOTAL REVENUES 10,391,000 815,653 5,181,339 49.86% H
UTILITY FUND EXPENDITURE SUMMARY
UTILITY ADMINISTRATION 295,050 16,919 181,300 61.45%
UTILITIES-WATER 1,116,406 84,298 558,614 50.04%
CITY ENGINEER 438,935 33,124 239,035 54.46%
UTILITIES-SEWER 660,027 39,633 331,432 50.21%
UTILITY BILLING 625,373 42,899 343,916 54.99%
COMBINED SERVICES 14,183,712 824,518 8,577,802 60.48%
TOTAL EXPENDITURES 17,319,503 1,041,391 10,232,099 59.08%
REVENUES OVER/(UNDER)EXPENDITURES -6,928,503 -225,738 -5,050,760 -9.21% I
H.Most Utility Fund Revenue billed in October are applicable to FY 2010-11.
I.Use of Fund Balance for Community Park Utility Infrastructure.
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: May 22, 2012 Item Number: C.
Department: Finance (City Secretary's Use Only)
Prepared By: Finance Account Code:
Date Prepared: May 14, 2012 Budgeted Amount:
Exhibits: Investment Report
Subject
Consider, and place on file, the City of Wylie Monthly Investment Report for April 30, 2012.
Recommendation
Motion to accept and place on file, the City of Wylie Monthly Investment Report for April 30, 2012.
Discussion
The Finance Department has prepared the attached reports for the City Council as required by the City Charter.
Approved By
Initial Date
Department Director LB 5/14/2012
City Manager MM 5-18-12
Page 1 of 1
2011-2012 Investment Report
April 30, 2012
Money Market Accounts: MMA
Certificates of Deposit: CCD
Treasury Bills: T-Bills
Treasury Notes: T-Notes
Government Agency Notes: AN
Invest. Principal Type Of Interest Purchase Maturity
Number Amount Security Rate Issuer Date Date
1 $39,830,968.51 MMA 0.1110% Texpool 12/31/2006 NA
2 $15,016,228.35 MMA 0.1098% TexStar 3/15/2011 NA
$54,847,196.86
Total
Weighted Average Coupon: 0.11% Money Markets: $54,847,196.86
Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00
$54,847,196.86
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: May 22, 2012 Item Number: D.
Department: WEDC (City Secretary's Use Only)
Prepared By: Sam Satterwhite Account Code:
Date Prepared: May 7, 2012 Budgeted Amount:
Exhibits: 1
Subject
Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development
Corporation as of April 30, 2012.
Recommendation
Accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development
Corporation as of April 30, 2012.
Discussion
The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials
on May 17, 2012.
Approved By
Initial Date
Department Director SS 5/7/2012
City Manager MM 5-18-12
Page 1 of 1
5-08-2012 03222 PM CITY OF WYLIE PAGE: 1
BALANCE SHEET
AS OF: APRIL 30TH, 2012
111-WYLIE ECONOMIC BEVEL CORP
ACCOUNT TITLE
ASSETS
F2236,286
1000-10110 CLAIM ON CASH AND CASH EQUIV, 1,415,446.52
1008-10115 CASH - NEDC - INWOOD 0.00
1000-10135 INW000 BANK - ESCROW 0.00
1000-10180 DEPOSITS 2,000.00
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 ACCTS REC MISC I 0.021
1000-11512 ACCTS EEL - SALES TAX 0.00
1000-12810 LEASE PAYMENTS RECEIVABLE. 6,915,942.00
1000-12996 LOAN RECEIVABLE 0.00
1000-122192 ROOTS EEC JTM TECH 0.00
1000-12998 ACCTS EEC - SAVAGE 240,824.58
1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00
1000-14116 INVENTORY - LAND & BUILDINGS 2,296,51.2.37
1000-14118 INVENTORY - HMCO/ SANDER BLVD 0.00
1000-14310 PREPAID EXPENSES - MISC 0.00
1000-14410 DEFERRED CHARGES 656,343.40
11,527,068.83
TO"AL ASSETS 11,527,068-85
662262632,662666
LIASTLITTES
26666,32.266.2
2000-20110 FEDERAL INCOME TAX PAYABLE 0,08,
2000-20111 MEDICARE PAYABLE, 0.00
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 96.84
2000-20117 TMRS PAYABLE 0.00
2000-20118 ROTH IRA PAYABLE. 0,00
2000-20119 WORKERS COMP PAYABLE 0,00
2000-20120. FICA PAYABLE 0.00
2000-20121 TEC PAYABLE 0.00
2000-20122 STUDENT LOAN LEVY PAYABLE 0.00
2000-20123 ALIMONY PAYABLE 0.00
2000-70124 BANKRUPTCY PAYABLE 0.00
2000-20123 VALIC DEFERRED COMP 0-08
2000-2(126, ICMA PAYABLE 0.00
2000-201.22 EMP, LEGAL SERVICES PAYABLE ( 12.00)
2000-20130 FLEXIBLE SPENDING ACCOUNT 2,399.84
2000-20132 EMP CARE ELITE 12.00
2000-20151 ACCRUED WAGES PAYABLE 0.00
2000-20160 ADD1T EMPLOYEE INSUR BAY 0..00
2000-20199 MISC PAYROLL PAYABLE 0.00
2000-20201 AP PENDING 2,7113.76
2000-20210 ACCOUNTS PAYABLE 48,095.12
5-08-2012 0322 PM CITY OF WYLIE PAGE: 2
BALANCE SHEET
AS OP: APRTL 30TH, 2012
111-WYLIE ECONOMIC DEVEL CORP
ACCOUNTW TITLE
2000-20530 PROPERTY TAXES PAYABLE 0.00
2000-20540 NOTES PAYABLE i65 ,343.40
2000-2(.1810 DUE TO GENERAL FUND 0.00
2000-22270 DEFERRED REvENUE 141,907.38
2000-222M DEFERRED REV - LEASE PRINCIPAL 5,980,375.06
2000-22280 DEFERRED REVENUE - LEASE INT 935,564.94
2000-22910 RENTAL DEPOSITS 2,R00.00
TOTAL LIABILITIES 7,70,356.44
EQUITY
3000-34110 FUND BALANCE - RESERVED 488,181.60
3000-34590 FUND BALANCE-UNRESERV/UNDERIG 3,260,210.27
TOTAL BEGINNING EOUITY 3,757,301.87
TOTAL REVENUE 951,794.46
TOTAL EXPENSES 955,473.92
REVENUE OVER/(UNDER) EXPENSES 619,46)
TOTAL EQUITY 4 OVER/(UNDFR) 3,756,712.41
TOTAL LIABILITIES, EQUITY 4 OVER/(UNDER) 1/,527,068.B0
5-09-2012 03'422 EN CITY OF NYLON ?AGEt
BALANCE SHEET
AS OF! APRIL 30TH, 2012
822-GEN LONG TERN DEBT .61EDC)
ACCOUNT TITLE
scs
ASSETS
1000-10312 GOVERNMENT NOTES 0.00
1000-181.0 LOAN NEDc 0..00
1000-18120 LOAN - BIRMINGHAM 0.00
1000-18210 AMOUNT TO BE PROVIDED 0.00
1090-19220 BIRMINGHAm LOAN 0.00
0.00
TOTAL ASSETS 0,00
LTAFiILFTIES
c-.58...8.R
2000-20310 COMPENSATED ABSENCES PAYABLE 47,002.56
2000-20311 COMP ABSENCES PAYABLE-CURRENT 0.00
2000-21410 ACCRUED INTEREST PAYABLE 0.00
2000-28205 WEUL LOANs - CURRENT 128,993,19
2000-28220 BIRMINGHAM LOAN 0.00
2000-28230 INWOOD LOAN 0.00
2000-28235 ANN LOAN 289,248.24
2009-28236 ANN CONSTRUCTION LOAN 4,645,749.18
2000-28240 HUGHES LOAN 153,588.50
2000-28250 CITY OF WYLIE LOAN 0.00
2000-28260 PRIME RUTS LOAN 0,00
2000-28210 BOWLAND/ANDERSON LOAN 0_00
2009-28290 CAPITAL ONE ABAD LOAN 0,00
TOTAL LIABILITIES 5,264,463.87
EQUITY
3000-34590 FUND BALANCE-UNRESERV/RNDESIG( 5,423,411.171
TOTAL BEGINNING EQUITY ( 5,423,411,173
TOTAL REVENUE 0.00
TOTAL EXPENSES ( 158,947.30)
REVENUE OVER/(UNDER1 EXPENSES 158,049.90
TOTAL EQUITY I OVER/WMDER) 5,2640463.81)
TOTAL LIARIIaTIES0 EQUITY , OVER/MNDER) 0.00
5-08-2012 0323 PM CITY OF WYLIE PALE 1
REVENUE AND EXPENSE REPORT - (UNAUDITED)
AS OF: APRIL 30111,, 2012
111-WYLIE ECONOMIC DEVEL CORP
FINANCIAL SUMMARY
CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-0 BUDGET 1 OF
BUDGET PERIOD PC ADJUST, ACTUAL ENCUMBRANCE BALANCE BUDGET
REVENUE SUMMARY
TAXES 1,801,162.00 115,113.82 0.00 631,294.80 0.00 1,165,861.20 35.05
INTEREST INCOME 281,260,00 100649.12 0.00 75,403.31 0.00 205,856.69 28.81
MISCELLANEOUS INCOME 90,892.00 5,315.06 0.00 35,809.15 0.00 51012.55 41.90
OTHER FINANCING SOURCES 209,930.00 30,198.31 0.00, 210,2E4.215 0.00 357.20) 100.17
TOTAL REVENUES 2,3830234.0E 1610275.91 0.00 954,994.46 0.00 1,428,439.54 40.05
..,,.........- ............ -.-----.-.-- ............. ........„.... ........„....... ...,,,
EXPENDITURE SUMMARY
DEVELOPMENT CORP-WEDC 2,161,766.00 201,342.97 0.00 955,473.92 14000-10 3,8104321-01 14.59
TOTAL EXPENDITURES 2,157,716.00 201,3(2,97 0,00 955,473.92 1,970,17 10810,321,91 34.59
REVENUE OVER/(UNDER) EXPENDITURES ( 384,532,001 # 4030914.091 0,0(1 ( 579.46)# 1,970,17) ( 381,882,371 0.69
5-08-2012 03.23 mu ur, OF WYLzo rano. c
pE,omms AND s,PEmuo REPORT (vm^nozTEo)
AS or. a,m,c 30ra' zn`,
n`-w,^zo ncmwmyzc uEVEL CORP
xovomvEn
cnxnumr cvaxnmr r^zoa YEAR ,-T-o ,-r-u eo,orr x or
auonEr roxzoo r" uu/vnr, ocrvvL mncvwaRAmco a^mwor nonuEr
TAXES
4000-40150 xmv IN Lozn OF raxEx ,^s'oov.ou 0.00 0.00 0.00 0.00 155'889�00 0.00
4000 ^n,zo ov^ox rax 1.645'273�00 ,zs,,`».ax o-no 631.294.80 0.00 1,013,9r8,20 38,37
rorxL rvxo, 1'601'1*2,00 11:'113,62 o�oo 631'294.80 0.00 1'169'867.20 35,05
INTEREST INCOME
4000-46050 conrzrzmro or uoroczr n�nn n�nn 0.00 0.00 u.vo 0.00 n�oo
4000-46110 *Lcuc^roo `wrovour o^mmzmou `'ono.nn 165.03 0.00 9ie.51 0.00 x'oon.^, 30.55
4000 4sz^v roxrvoL zmromoSr n�oo v�uv 0.00 0,00 o-ov 0.00 o�oo
^000 *o'«a xocm zmrnnnor 0.00 o�oo 0.00 0.00 0.00 0.00 0.00
4000-46150 zorouoxr oARNzmov 278'260�00 10.483�69 o�oo /«,"os.00 o�vo zvs'rr:.co z*.r,
«oon *^z10 aawu mumoz mamuuc zurmmocr 0.00 0.00 0.00 0.00 0.00 _ 0,00 _ 0.00
rocaL zmrEnoor INCOME znz'zso.00 10'648�72 0.00 ,s'^o`.s, 0.00 205'856.69 26�81
14zxcELL^mo"ou zmcomE
4000-48110 momraL zmcmxo uo'^ec.00 4'700.00 0.00 35'800�00 0.00 ^z'soz.no :v.^^
,000-^oxm mocmmmz rnzom YEAR ux,mw 0.00 0.00 0.00 0.00 0.00 n�on v�un
4000-48410 wzxco^^xmnonu zmcOMm z'+nn.un ^`x.n^ 0.00 2'009,15 0.00 390.85 oa�'],
4000'48430 oszm/Loox s^cE or o^r ^xyor 0.00 0,00 0.00 0.00 0.00 0.00 _0.00
zor^L mzocoLLAmovvo INCOME m'onz.00 5'315.06 o�no 37'809�15 0.00 53'0,2 n` 41.60
urucn FINANCING SOURCES
4000 4y1so caumuFna FROM u^mom^L rnmo 0.00 u�no n�on 0.00 0.00 0.00 0.00
4000 ^93z5 avun moro snocnEuo n�no 0.00 0.00 0.00 o�on 0.00 o�ou
000n x"55n Laasa rnzmczr^L e^zwomTu (0_-20L9,930.00 30,198,31 0.00 _-220/28-1,20 ___-�0l ' 35/.20) 1�.�l
ror^^ orune rzm^mczwn xonmcmx 209'930.00 30.198.31 n�no z,o',nr.00 o�no ' z^,.co) 100,17
ror^^ xovouoox 2'383'234�00 161'2/5.91 0.00 954'794�46 o�uo 1'428'^39.5" ^o.00
5-08-2012 03:23 PM CITY OF WYLIE PAGE: 3
REVENUE AND EXPENSE REPORT - (UNAUDITED)
AS OF„ APRIL 30TH, 2012
111-WYLIE ECONOMIC DEVEL CORP
DEVELOPMENT CORP-WEDC
DEPARTMENTAL EXPENDITURES
CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET OF
BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET
PERSONNEL SERVICES
5611-51110 SALARIES 172,370.00 13,259.24 0.00 92,814.68 0,00 79,555.32 53.85
5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0,00 0.00
5611-51140 LONGEVITY PAY 1,057.00 0.00 0.00 1,060.00 0.00 ( 3,00) 100.28
5611-51145 SICK LEAVE BUYBACK 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0,00 0.00
561.1-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.0) 0.00 0.00
5611-51210 CAR ALLOWANCE 11,320.00 870.78 0.00 6,095.46 0,09 5,224,54 53.85
5611-51220 PHONE ALLOWANCE 3,456.00 864.00 0.00 2,525.52 0.08. 930,48 73.08
5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-51310 TMRS 21,771.00 1,784.64 0.60 12,563.34 0,0.0 9,207.66 57.71
5611-51410 HOSPITAL & LIFE INSURANCE 27,260.00 1,745.29 0.00 12,533.99 0,1/1 14,726,01 45.98
5611-51420 LONG-TERM DISABILITY 993.00 0.00 0.00 267.54 0.00 115.46 27,22
5611-51440 FICA 10,687.00 843.16 0.00 4,116.37 0,00 6,570.63 38.52
561.1-51450 MEDICARE 2,500.00 197.18 0.00 1,414.94 0.80 1,065..06 56.60
5611-51470 WORKERS COMP PREMIUM 656.00 0.00 0.00 539.51 0,00 116,49 82.24
5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 522.00 0.00 522.00 0.00 18,00 96.67
TOTAL PERSONNEL, SERVICES 252,600.00 20,086.29 0.00 134,453.35 0.00 118,146.65 53.23
SUPPLIES
5611-52010 OFFICE SUPPLIES 5,000.00 89.91 0.00 3,038.10 35.85 1,926.05 61.48
5611-52040 POSTAGE & FREIGHT 980.00 19.30 (1,00 176.56 2.68 800.76 18.29
5611-52130 TOOLS/ EQUIP - UNDER $100 0.00 0.00 0,00 0.00 0.00 0.00 0.00
5611-52810 FOOD SUPPLIES 5,000.00 308.56 0.„00 2,061.39 267.45 2,671.16 46.58
561.1.-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL SUPPLIES 10,9(30.00 417.77 0.00 5,276.05 305.98 5,397.97 50.84
MATERIALS FOR MAINTENANC
561.1.-54630 TOOLS & EQUIPMENT 0.00 0,00 0.00 0,00 0.00 0.00 0,00
5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0,00 0.00 493.83 0.00 2,506.17 16.46
5611-54990 OTHER 0.00 0,.00 0.00 0.00 0.00 0.00 0.00
TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 493.83 0.00 2,506.17 16.46
CONTRACTUAL SERVICES
5611-56030 INCENTIVES 1,000,378.00 0.00 0.00 152,541.15 0.00 847,636.85 15,25
5611-56040 SPECIAL SERVICES 180,789.00 2,687.76 0.00 7,244.26 470.00 173,074.74 4.27
5611-56080 ADVERTISING 26,800.00 765.00 0.00 6,575.00 0.00 20,225.00 24.53
5611-56090 COMMUNITY DEVELOPMENT 34,250.00 1,140.00 0.00 26,044.75 0.00 8,205.25 76.04
5611-56110 COMMUNICATIONS 3,780.00 347.25 0.00 2,258.22 125.08 1,396.70 63.05
5611-56180 RENTAL 22,600.00 1,725.08 0.00 14,821.73 0.00 7,778.27 65.58
5611-56210 TRAVEL & TRAINING 22,787.00 1,455.29 0.00 10,678.87 1,069,11 11,039.02 51.56
5611-56250 DUES & SUBSCRIPTIONS 8,803.00 330.00 0.00 2,665.00 0.00 6,138.00 30.27
5611-56310 INSURANCE 303.00 0.00 0.00 303.00 0.00 0.00 100.00
5611-56510 AUDIT & LEGAL SERVICES 82,750.00 1,515.50 0.00 42,904.65 0.00 39,845.35 51.85
5611-56510 ENGINEERING/ARCHITECTURAL 37,000.00 0.00 0.00 4,420.00 0.00 32,580.00 11.95
5611-56610 UTILITIES-ELECTRIC 3,500,00 124.82 0.00 845.00 0.00 2,:655.00 24.14
TOTAL CONTRACTUAL SERVICES 1,423,740.00 16,090.70 0.00 271,301.63 1,664.19 1,150,774.18 19.17
5-08-2012 02:22 PM CITY OF WYLIE PAGE: 4
REVENUE AND EXPENSE REPORT - IUNAUDITED1
AS OFt APRIL 30TH, 2012
113-WYLIE ECONOMIC DEVEL CORP
DEVELOPMENT CORP-WEDC
DEPARTMENTAL EXPENDITURES
CURRENT CURRENT PRIOR YEAR 8-T-D Y-T-D BUDGET I OF
BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET
DEBT SERVICE 6 CAP, REPT
9611-57110 DENT SERVICE 635,846.00 52,812.91 0.00 410,311.5,1,' 0.09 225,474.03 64.54
5611-57710 SAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL DEBT SERVICE 6 CAP, REPL 635,846.00 52,812.91 0.00 410,371.97 0.00 225,474.03 64.54
CAPITAL OUTLAY
5611-58110 L,84D-PURCHASE PRICE 1500000.00 0.09 0.00 1,000.00 0,00 149,000.00 0,67
5911-52120 DEVELOPMENT FEES 0,00 0.00 0.00 0.00 0.90 0.00 0,00
5611-58190 LAND-HETTERMENTS 0.00 0.00 0.00 0.00 0.90 0.00 0.00
5511-58210 STREETS 6 ALLEYS 40,000,00 0.00 0,00 0.00 0.00 40,000.00 0.00
5611-58410 SANITARY SEWER 230,000.00 /11,965.30 0.00 111,965.30 0.00 118,034.70 48.68
5611-58810 COMPUTER HARD/SOFTWARE 20000.00 0.00 0.00 1,011.19 (LOG 988.21 50.59
5611-58830 FURNITURE 6 FIXTURES 14,600,00 0.90 0,00 140600.00 0,00 0.00 100.00
5611-58910 BUILDINGS 0.00 0.00 0.69 0.00 0.00 0.90 0.00
5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0,00 0.00 0.00
TOTAL CAPITAL OUTLAY 436,600.00 111,965.30 0.09 128,577.00 0.00 308,022.51 29.45
OTHER FINANCING (USES)
5611-59111 TRANSFER TO GENERAL FUND 5,000,00 0,00 0.00 9,000.90 0.00 0.00 100,90
5611-99190 TRANSFER TO THORUGHFARE IMP 0.00 0.00 0.00 0.90 0,00 0.00 0.00
5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL OTHER FINANCING (USES) 5,000.00 0.00 0.00 9,000.90 0.00 0.90 100.00
TOTAL DEVELOPMENT CORP-WEDC 2,767,796.00 201,372.97 0.00 855,472.92 1,970.11 1,810021,41 34.59
TOTAL EXPENDITURES 2,167,766.00 201,372.97 0.00 955,413.92 1,870.17 1,810,221.91 34.59
REVENUE OVER (UNDER) EXPENDITURES ( 384,532,00) ( 40,097.061 0.09 t 679,4611 1,979.110 ( 381,882.371 0.69
111 END OF REPORT III
Wylie Economic Development Corporation
Inventory Subledger
April 30, 2012
Inventory -Land
Date of Pur. Address Acreage Improvements Cost Basis
Value Sq. Ft.
McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00
Heath 12/28/05 706 Cooper 0.46 32,005 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 0.74 209,801 10,000 420,361.21
R.O.W. 0.18 41,585.26
Prime Kuts 10/8/07 207 Industrial 0.20 182,223 4,550 229,284.00
R.O.W. 0.11 n/a 77,380.45
Cazad 3/17/08 210 Industrial 0.27 128,083 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 24,696 4,750 171,842.02
Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,170.77
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
SAF-Holland 12/14/10 Martinez Lane 1.33 n/a -225,514.65
ACE Martinez Lane 22.44 96,000
Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00
Total 53.88 576,808 122,825 2,296,512.37
*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.
*Prime Kuts total purchase price was$306,664.45. The distribution between 207 Industrial and R.O.W. purchased was
developed by Seller for tax purposes.
*Should lease to term and not execute purchase option, WEDC liable to reimburse ACE for Holland property purchase
($112,500).
Wylie Economic Development Corporation
Balance Sheet Sub ledger
April 30, 2012
Notes Payable
Date of Rate of
Purchase Payment Beginning Bal. Principal Interest Interest Principal Balance
March 31, 2012 $5,238,747.18
Hughes(#69 of 120) 7/25/06 3,676,29 171,555.73 2,961.48 714.82 5.00 168,594.25
ANBTX(#18 of 60) 10/28/10 8,454.82 332,491.20 7,043.44 1,411.38 4.95 325,447.76
ANBTX-ACE(#9 of 180) 8/1/11 40,681.80 4,734,700.25 18,005.65 22,676.15 5.75 4 716,694.60
,
April 30, 2012 28,010.57 $24,802.35 $5,210,736.61
Note: Principal and Interest payments vary by date of payment.
Wylie Economic Development Corporation
AVOIDED TAX SUB LEDGER-Ascend Custom Extrusion
April,2012
2011 Amt. Received COW Tax WISD Tax 1/5 of July COW 1/5 of July WISD Total Payment Pmt. Date Ck.#
August 4,257.03 7,766.75 851.41 1,553.35 14,428.54
September 4,257.03 7,766.75 851.41 1,553.35 14,428.54
October 4,257.03 7,766.75 851.41 1,553.35 14,428.54
November 4,257.03 7,766.75 851.41 1,553.35 14,428.54
December 4,257.03 7,766.75 851.41 1,553.35 14,428.54
1/4/2012 WISD-52923
Total 21,285.15 38,833.75 4,257.05 7,766.75 72,142.70 COW-52915
2012 Amt. Received COW Tax WISD Tax Total Payment
January 4,257.03 7,766.75 12,023.78
February 4,257.03 7,766.75 12,023.78
March 4,257.03 7,766.75 12,023.78
April 4,257.03 7,766.75 12,023.78
May
June
July
August
September
October
November
December
Total 17,028.12 31,067.00 48,095.12
WYLIE ECONOMIC DEVELOPMENT CORPORATION
SALES TAX REVENUE
FOR THE MONTH OF MAY 2012
MONTH WEDC WEDC WEDC DIFF % DIFF
2010 2011 2012 11 VS 12 11 VS 12
DECEMBER $81,014 $103,687 $112,676 $8,989 11.10%
JANUARY 91,593 100,999 118,175 17,176 17.01%
FEBRUARY 153,281 158,204 171,759 13,555 8.57%
MARCH 89,717 104,670 113,571 8,900 8.50%
APRIL 89,119 98,463 115,114 16,650 16.91%
MAY 144,953 158,379 154,424 -3,955 -2.50%
JUNE 111,174 116,832
JULY 99,065 119,527
AUGUST 144,373 157,310
SEPTEMBER 98,102 123,153
OCTOBER 96,010 118,827
NOVEMBER 145,337 163,346
Sub-Total $1,343,739 $1,523,400 $785,719 $61,315 8.46%
AUDIT ADJ
TOTAL $1,343,739 $1,523,400 $785,719 $61,315 8.46%
WEDC SALES TAX ANALYSIS
$200,000
$180,000 -
$160,000 , . - -
$140,000
$120,000 - - -
- -
$100,000 - - - 2011
$80,000 -- - ■2012
$60,000 - [[[Ii
- 1
$40,000 -
z' z, t = _ 6
U N ^2 Q U N
LL Q O Z
a)
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: May 22, 2012 Item Number: E.
Department: Fire (City Secretary's Use Only)
Prepared By: Randy Corbin Account Code:
Date Prepared: May 8, 2012 Budgeted Amount:
Exhibits: 1
Subject
Consider, and act upon, Resolution No. 2012-19(R) authorizing the City Manager to execute an Interlocal
Agreement between the City of Wylie and Collin County for cooperative fire cause determination and
prosecutorial activities.
Recommendation
Motion to approve Resolution No. 2012-19(R) authorizing the City Manager to execute an Interlocal
Agreement between the City of Wylie and Collin County for cooperative fire cause determination and
prosecutorial activities.
Discussion
As a means of being more effective for Collin County and Collin County cities, the Collin County Fire
Marshal's Office has created an Arson Task Force. This Task Force will enable expertise from across the
County to legally assist in the investigations of fire scenes to determine any criminal activity related to fire
and/or arson. Conversely, County resources may be called upon to assist inside the incorporated limits of
Wylie. This reciprocity requires this agreement between governing bodies because of the law enforcement
aspect, which is not otherwise covered under existing fire mutual aid or contracts for services. The agreement
leaves WFR Fire Marshal resources still solely accountable to the Fire Chief, and able to be recalled back to our
City or for the agreement to be severed.
Approved By
Initial Date
Department Director GRC 5/8/2012
City Manager MM 5-18-12
Page 1 of 1
RESOLUTION NO. 2012-19(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE
CITY OF WYLIE, TEXAS TO EXECUTE THE COLLIN COUNTY FIRE
AND ARSON TASK FORCE INTERLOCAL AGREEMENT
("AGREEMENT"), ATTACHED HERETO AS EXHIBIT "A"; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of Wylie, Texas, the Collin County Fire and
Arson Task Force Interlocal Agreement ("Agreement"), which is attached hereto as Exhibit"A,"
and incorporated herein for all purposes.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS the 22 day of May, 2012.
Eric Hogue, Mayor
ATTEST TO:
Carole Ehrlich, City Secretary
Resolution No. 2012-19(R)
Arson Task Force ILA—Fire
Collin County&City of Wylie
EXHIBIT "A"
(AGREEMENT)
Resolution No. 2012-19(R) 2
Arson Task Force ILA—Fire
Collin County&City of Wylie
COLLIN COUNTY FIRE AND ARSON TASK FORCE INTERLOCAL AGREEMENT
STATE OF TEXAS §
COUNTY OF COLLIN §
This Agreement is entered into by and between Collin County, (the "County") and the
City of Wylie, Texas ("Wylie") (hereinafter referred to collectively as the "Parties"). The Parties
execute this Agreement as hereinafter provided pursuant to the Interlocal Cooperation Contracts,
Texas Government Code, Section 791.011, et seq., and the Texas Local Government Code,
Section 362.002, et seq., and all other applicable statutes.
WHEREAS, there is a need for investigative and prosecutorial cooperation in suspected
arson cases in the County and Wylie; and
WHEREAS, the Parties hereto have determined that the best possible method for
attacking the arson problem within the County and Wylie, Fire Marshal's office is an agreement
establishing such cooperation by way of a Task Force, including the Wylie Fire Marshal's Office
and the County Fire Marshal's Office; and
WHEREAS, the Parties desire to enter into this Agreement to provide investigative and
prosecutorial cooperation in connection with arson and other criminal cases; and
WHEREAS, each party is authorized to perform the services contemplated herein the
Parties for the mutual consideration hereinafter stated, agree and understand as follows.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
DESCRIBED HEREIN, THE PARTIES AGREE AS FOLLOWS:
I.
The Parties execute this Agreement for the purpose of providing arson and explosive
detection, investigative, and prosecutorial capabilities to each other as the need arises.
II.
The Collin County Fire Marshal's Office will be the coordinator of the Collin County
Fire and Arson Task Force created by this Agreement, and the Collin County Fire Marshal's
Office will be the central repository of the Parties' executed counterparts of this Agreement.
III.
When requested by one party to this Agreement, another party to this Agreement may
provide available members of its fire and explosive investigative unit to investigate and perform
follow-through prosecution duties regarding fires or explosions of suspicious origin or unknown
causes within the requesting jurisdiction. While engaged in such activities, employees of the
Collin County Fire and Arson Task Force Interlocal Agreement Page 1
606232,2
responding party shall be under the rules of the requesting party and the direction and
supervision of the requesting party's officer in charge of the investigation. The availability of a
party's officers shall be determined by the responding party.
IV.
While any responding party investigative officer is in the service of the requesting party,
he or she shall be considered an investigative officer of the requesting member and be under the
command of the requesting party's department head or the department head's designee, with all
the powers of a regular investigative officer of the requesting party, as fully as though he or she
were within the territorial limits of the governmental entity where he or she is regularly
employed and his or her qualifications, respectively, in the job position for the local
governmental entity by which he or she is regularly employed, shall constitute his or her
qualifications for the position within the territorial limits of the requesting member, and no other
oath, bond, or compensation need be made.
V.
In performing duties under this agreement, each party will comply with all necessary
federal, state and local laws, regulations and ordinances, including those relating to disposal of
property acquired from grant funds.
VI.
The party regularly employing the investigative officer shall pay all wages and disability
payments, pension payments and payments for damages to equipment and clothing of that officer
while he or she is involved in activities pursuant to this Agreement the same as though the
services had been rendered within the jurisdiction wherein the investigative officer is regularly
employed. The requesting party shall have no obligation to reimburse the responding party for
such costs unless reimbursement is required under the Local Government Code § 362.003(c).
VII.
Any request for assistance under this Agreement shall include a statement of the amount
and type of equipment and number of personnel requested and shall specify the location to which
the equipment and personnel requested are to be dispatched, but the amount and type of
equipment and number of personnel to be furnished shall be determined by the responding
party's department head or department head's designee.
VIII.
The department head of the responding party, or department head's designee, in his or her
sole discretion, may at any time withdraw his or her personnel or equipment or discontinue
participation in any activity initiated pursuant to this Agreement.
Collin County Fire and Arson Task Force Interlocal Agreement Page 2
606232.2
IX.
A party to this Agreement may unilaterally terminate its participation in this Agreement
only after providing not less than ninety (90) days' written notice of termination to the other
parties. This Agreement may be terminated at any time by the written mutual agreement of the
Parties.
X.
In the event that any person performing services pursuant to this Agreement shall be cited
as a party to a state or federal civil lawsuit arising out of the performance of those services, that
person shall be entitled to the same benefits that he or she would be entitled to receive if such
civil action had arisen out of the performance of his or her duties as a member of the department
where he or she is regularly employed and in the jurisdiction of the party by which that person is
regularly employed.
XI.
Each party to this Agreement expressly waives all claims against every other party for
compensation for any loss, damage, personal injury, or death occurring as a consequence of the
performance of this Agreement.
XII.
It is expressly understood and agreed that, in the execution of this Agreement, no party
waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be
available to it against claims arising in the exercise of governmental powers and functions. Third
party claims against members shall be governed by the Texas Tort Claims Act or other
appropriate state statutes, municipal ordinances or laws of the State of Texas or any political
subdivision thereof.
XIII.
This Agreement and any of its terms and provisions, as well as the rights and duties of the
parties hereto, shall be governed by the laws of the State of Texas.
XIV.
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the parties hereto that the remaining portions shall remain valid and in full force and
effect to the extent possible.
XV.
This Agreement may be amended or modified only by the mutual agreement of the
Parties hereto in writing to be attached to and incorporated into this Agreement.
Collin County Fire and Arson Task Force Interlocal Agreement Page 3
606232.2
XVI.
This Agreement may be signed in multiple counterparts and shall be binding on the
Parties when duly authorized by the governing bodies of such Parties and such Parties' duly
authorized representatives and delivered to the Collin County Fire and Arson Task Force
Coordinator.
XVII.
This Agreement contains all commitments and agreements of the Parties, and oral or
written commitments not contained herein shall have no force or effect to alter any term or
condition of this Agreement.
XVIII.
The undersigned officers and/or agents of the Parties hereto are the properly authorized
officials and have all necessary authority to execute this Agreement on behalf of the parties, and
each party hereby certifies to the other that any necessary resolutions extending said authority
have been duly passed and are now in full force and effect.
XIX.
Miscellaneous Provisions
a. Notice. Any notice required to be sent under this Agreement must be in writing
and may be served by depositing same in the United States Mail, addressed to the party to be
notified, postage pre-paid and registered or certified with return receipt requested, or by
delivering the same in person to such party via a hand-delivery service, Federal Express or any
courier service that provides a return receipt showing the date of actual delivery of same to the
addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the
address of the addressee. For purposes of notice,the addresses of the parties shall be as follows:
If to County, to: Collin County
Attn:
If to Wylie,to: City of Wylie
Attn:
300 Country Club Drive
Wylie, Texas 75098
b. Assignment. This Agreement is not assignable without the prior written consent
of the other party.
e. Entire Agreement. This Agreement contains the entire agreement of the parties
with respect to the matters contained herein and may not be modified or terminated except upon
the provisions hereof or by the mutual written agreement of the parties hereto.
Collin County Fire and Arson Task Force Interlocal Agreement Page 4
606232.2
d. Venue. This Agreement shall be construed in accordance with the laws of the
State of Texas and shall be performable in Collin County, Texas.
e. Consideration. This Agreement is executed by the parties hereto without coercion
or duress and for substantial consideration,the sufficiency of which is forever confessed.
f. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
g. Authority to Execute. The individuals executing this Agreement on behalf of the
respective parties below represent to each other and to others 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 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.
h. Savings/Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had never
been contained herein.
i. Representations. Each signatory represents this Agreement has been read by the
party for which this Agreement is executed and that such party has had an opportunity to confer
with its counsel.
j. 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. Headings in this Agreement are for the
convenience of the parties and are not intended to be used in construing this document.
k. Pursuit of a Governmental Function. Both the County and the City have
determined by their execution of this Agreement that this Agreement and the obligations of the
parties contained herein are in discharge of a governmental function as set forth in the Interlocal
Cooperation, Chapter 791, Texas Government Code, and the participation by either party in the
terms of this Agreement shall not make such party an agent or representative of the other party.
1. Sovereign Immunity. The parties agree that neither the County nor the City has
waived its sovereign immunity by entering into and performing its respective obligations under
this Agreement.
Collin County Fire and Arson Task Force Interlocal Agreement Page 5
606232.2
m. Binding Agreement. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns. No third party shall
have any rights herein.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be
effective upon execution and dating by all of the Parties.
CITY OF WYLIE
Mindy Manson, City Manager
ATTEST: APPROVED AS TO FORM:
Carole Ehrlich, City Secretary Abernathy, R der, Boyd &Joplin, PC
Courtney A. Kuykendall, City Attorneys
COUNTY OF COLLIN, TEXAS
Keith Self, County Judge
Date:
APPROVED AS TO FORM:
Belvin Harris, City Attorney
APPROVED AS TO CONTENT:
Michael Smith, County Fire Marshal
Date:
Collin County Fire and Arson Task Force Interlocal Agreement Page 6
606232.2
Wylie City Council
CITY AGENDA REPORT
Meeting Date: May 22, 2012 Item Number: F.
Department: Planning (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: May 9, 2012 Budgeted Amount: $
Exhibits: Three
Subject
Consider, and act upon, Ordinance No. 2012-17, amending the zoning from Agricultural District (AG/30) to
Single-Family (SF-20/26) District on 2.88 acres (Blakey Addition, No. 2), generally south of Alanis Drive and
approximately 393 feet west of Ballard Avenue. ZC 2012-06
Recommendation
Motion to approve Ordinance No. 2012-17, amending the zoning from Agricultural District(AG/30)to Single-
Family (SF-20/26) District on 2.88 acres (Blakey Addition, No. 2), generally south of Alanis Drive and
approximately 393 feet west of Ballard Avenue. ZC 2012-06
Discussion
Owner: James Clay Blakey Applicant: James Clay Blakey
Zoning Case 2012-06 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the
City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective
date.
With the adoption of this Ordinance, the subject lot, located south of Alanis Drive and approximately 393 feet
west of Ballard Avenue and being more particularly describe in Exhibit"A" is hereby reclassified as SF 20/26.
The Zoning Exhibit (Exhibit "B") which also serves as a Preliminary Plat will establish 3 single-family
residential lots.
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.
Approved By
Initial Date
Department Director RO 05/09/12
City Manager MM 5-18-12
Page 1 of 1
ORDINANCE NO. 2012-17
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF WYLIE, AS
HERETOFORE AMENDED, SO AS TO CHANGE THE
ZONING ON THE HEREINAFTER DESCRIBED
PROPERTY, ZONING CASE NUMBER 2012-06, FROM
AGRICULTURAL-30 (AG-30) TO SINGLE FAMILY-20/26
DETACHED DISTRICT (SF-20/26) TO ALLOW THREE
SINGLE FAMILY RESIDENTIAL LOTS; 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 Planning and Zoning Commission and the governing body of the City
of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the
amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to
all property owners generally and to owners of the affected property, the governing body of the
City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be
amended;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas,
be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give
the hereinafter described property a new zoning classification of Single Family-20/26 Detached
District (SF-20/26), said property being described in Exhibit "A" (Legal Description), and
Exhibit "B" (Zoning Exhibit/Preliminary Plat), 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.
Ordinance No. 2012-17
ZC2012-06 Blakey
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 22 day of May, 2012.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
DATE OF PUBLICATION:May 30,2012,in the Wylie News
Ordinance No. 2012-17
ZC2012-06 Blakey
~'~
���'K-�� "All
YY
o ��gm o�scnm�^nox:mnu�
' ' ' EXHIBIT ���
Being o2.88 acre tract of land situated|n the Henry L. Douglas 100 acre Survey,Abstract No. 282, Collin
County, Texas, being a portion of that certain tract of land described in deed to Tim Tye and wife, Karen Tye,
as recorded in Volume 1230, Page 749, Deed Records of Collin County,and being more particularly
described by metes and bounds amfollows:
BEGINNING atm found 1/2-inoh iron rod*d the southeast corner ofsaid Tye tract, being the southwest corner
uf Lot 1, Block A, ofBlakey Addition No. 1. os recorded|n Instrument No. 2DO8U4Z7O10001660. Map
Records of Collin County, said iron rod being on the north line of that certain tract of land described in deed
to Bennie Blakey and James Blakey, as recorded in Instrument No. 94-0024429,said Deed Records;
THENCE North 88^ 34'0O''West, m distance of 358.79 feet along the common line of said Tye and Blakey
tracts to a set'Y'in concrete at the common south corner of said Tye tract and that certain tract of land
described|n deed bn Silvia Raoen6iz. am recorded|n Instrument No. 2OOG1212Q017471MU. said Deed
Reppr6m'
'
THENCE North 01° 0O'0C"East, m distance nf344.8S feet along the common line nfsaid Tye mndRaoendiz
tracts tna set 1/2-|nuh iron rod mt the northeast corner uf said Remond|z tract,said iron rod being mn the south
line ofAJarimStreet;
THENCE South 89" 5O' 00^ East(basis of bearing from aforesaiddoed133O/74S. adisten000f358.83feat
along said south line to a set 112-inch iron rod at the northwest corner of aforesaid Lot 1, said iron rod being
un the east line of said Tye tract;
THENCE South 01"D0' 00'West, n distance of 3S3.62 feet along the common line of said Tye tract and said
Lot 1tn the POINT C)F BEGINNING and containing 12S.299 square feet orZ.O8 acres ofland.
FORM r'1n:Texas Residential c*n*ro Policy o/Title Insurance
roTvou*w.mw on°-t*rou,Family Residences(Schedule*)
!
'
'
/
/
�
OWNER:
Cloy Blakey
STATE OF TEXAS DESCRIPTION P.O. Box 434
COUNTY Or COLLIN Wylie, TX 75098
Mat .Collin
oul of Me
nd
wL.547,Pc.<3 I Survey.Texas.✓and n Tye g reined described as follows corded in Volume 1230,Page°749 of,he Lond Records of Coll/n Co y, e
/ e o/We loon oleo,rod found copped"Precise"ol In.folofseffloo or lee south nof.of SURVEYOR:
Monis Drive(60'�
Alums Drive lea'e.o.w.) clam c of Blakey
mos,from omc as recorded inch teelVolumero aun at the zos me plot Record:
of
POINT OF Block A°of said Blakey Addition bearsSouth 89edegrees158dminu es corner of Let
213.582feel BOUI,daFy
5 BEGINNING for witness. Solutions
alZ.. T 125.L +24.65 oa.3O a s � I44.9. 2.51,Tc ,Ts,<d �\ ,o o +/2 inch THENCE South 01 degrees 00 minutes DO seconds West B'tee/rod earing 5ro��nd at,he Southwest
hwes,corner P.O.353.62 feel along On. fox 250
uJ�sir m 19� of faro Lot / of Blakey Addition Na. 1, 2- Mill , TX
72 97782-8082
1 I THENCE North as degrees,minutes za seconds West.35,74 feet to a
recorded In Volume 8. g 427 of me Land Records of Collin County, Texas,ndiz and Nonelle S.Rwanda as
33] d c In c r b o2 of l
copped'Precise'al lhe Southwest corner of said 3.0 acres.and al lhe Southeast corner of Mot
coiled 1.934
of lond described in a deed to
P.
LOT 1 LOT z VOL.2390,Pc ss 3.0 acres:onoo at the inle.seahan of Ine South line ar said Alums or,�e with the west line of said March zpared: 2
n M THENCE ALICE L.BLAKEY lo.,, Isouoa89 sdegrees 58 m s 03 seconds Eas11 JAMES L.BLAKEY I THENCE North 00 doef.00 59 freooloo sa....one.Easl.e358.79 a(ee1° e south line tot said
o
CALLED 1.934 ACRES "� "�n n n A/ones Drive io the POINT OF BEGINNING.containing g .876 acres of long. n
LOT 1 LOT 2 LOT 3
VOL.3375.PO 42 1.000 ACRES - m 1.000 ACRES e 0.8]6 ACRES•,e
0 0 VOL.2006 PG.250 _—
o
292
HENRY A RV 6 NOWTHEREFORE KNOW ALL MEN BY THESE PRESENTS
That,Clay Blakey. oes hereby adopt this prat designatingE'
Final Plot of Blake Addihon No.2.Lots 1-3.Block
fAdddio Ihe City of
propeNy an d r-?
on W OQ
as right-of-ways
shown
bundhereon.
g�fe�The
easements
shrubs shown
hereby
yts reserved
owthsashall bed e, ,
r ----- 125.75' 1 108.36 N hereonconstructed or placed upon.over.or across Ihe utility eosements being hereby reserved for the n9 easements
se ord shall hove the full right,o d 0.
OQw
N88'3C'28'2W 63358.7d — improvements or growth which may in ony way
—1 mointenonce.or efficiency of its respective system n the
easblic utilities
sholl of ementall
l construction,
r netructlt of on 5inspecofrnci.egresss ond ing from
m Inhaling.al nduadding utility
f E
1 or removing oll or port of
the
MY HANG Ai I
YLIE its
TEXgSaol„ve systems withoutthe necessity0V2 y lime o procuring 0 L a�,
,s day a O -
SER N,LAS= (n Q
wner
PS"°04N10024430 D y
clay Bmke '1
DESCRIBED IN STATE OE TEXAS G o
CALLED 7.32 ACRES J COUNTY OF COLLIN In
EKNIE BLAKEY Q
BAAMga BLAKEY
e.the
-BD2442B to maq I;appeared estrument ond known
acknowledgedat he executedperson the some far,hesub purpose e .o e,
andhpconslderaflonsn therein leap essed. CO 2 Q
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,2012. 1 1 1 1\
1 Notary Public
and for
f�re —— My Commission Exp es On:
in County. eras
ZONING EXHIBIT"B" rn
BLAKEY ADDITION 2 CV
Recommended far Approval DICE. Q
r-::,'M wo AL. Selling a portion of this addiflon b'metes and bounds r SURVEYORS CERTIFICATE N W
violation of City
and
aw
d is
c y at y .,exae 2a 9 amm,ee,a" Date Hole:Additi Bearings No. baseol.goo6. n250o,Blakey). finesFLOO ond
withholdings of utilities and building g permits. t° KNOW ALL MEN BY THESE PRESENTS. O'-j w
Z
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"Approved far Construction" I/S n our Matthew f Busby landno dby he that h°von meets shown°thelal reon were actual
ro properly Z 0 D J H
Note:All Inch frffl rods set have red
Mayor.City of Wylie.texas plastic co stamped"Boundary Solutions" sub/eat tract located wlih'n Zone "X'os scaled from FI.R.M d y p p lsl I Iron with thePlatting Rules and Regulations of the City O O }}
Date Panel 48085c0535J doled June 2.2009 r m F cn
A p d Zone X {o Areas determined be outside the O 2/.annual
chance lloodplaln * Q CO Q Li-
MatMara c+v m„Ile.Texan Dare NIGH) MAP s,we re�.re mew Busby R.P.L.S.s7s pQ
The undersigned,the City se°rerory of the City of Wylie,Texas,hereby certifies t 1 to sc STATE OF TEXAS F 0 Z
No Ole) rqH�
to Me Cily
f y COUNTY of coulN Y O U
BEFORE me.the undersigned authority,a Notary Public in and the Q J J 0
{ f herein the y o dedicalion of s,eals,alloy.parks,easement.public pieces,and wafer and sewer lines as nir
subssoy cribed toy the peared Motthew l ns/umuenly and acknowledged fa me°n to me to be the Mot on whose he exec✓led ne is
ihe same for Q] } (�
Witnessnote f y handnce this hereo day of by g iz home osAD above
subscribed. GIVENr UNOERaMY HANOd ANO osEALh OF OFFICE fhes day of 2012. Z
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G y of y .Texas
SLeH SCALE: I"=60'
0' 60' 120 180' 240' Notary Public in and for Collin county. Texas
My Coo, /oo/on Expires On: Pi.1['I'1{) I.[i I -13
Wylie City Council
AGENDA REPORT
CITY OF WYLIE
Meeting Date: May 22, 2012 Item Number: G.
Department: Planning (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: May 16, 2012 Budgeted Amount:
Exhibits: 1
Subject
Consider, and act upon, approval of a Final Plat for Blakey Addition, No. 2, establishing 3 single family
residential lots on 2.88 acres, generally located south of Alanis Lane and approximately 393 feet west of Ballard
Avenue.
Recommendation
Motion to approve a Final Plat for Blakey Addition, No. 2, establishing 3 single family residential lots on 2.88
acres, generally located south of Alanis Lane and approximately 393 feet west of Ballard Avenue.
Discussion
Owner: James Clay Blakey Applicant: James Clay Blakey
The property was recently approved for rezoning from AG-30 District to Single-Family 20/26 District to allow
for the creation of three single-family residential lots, each greater than 20,000 square feet in size.
The Plat establishes boundaries and setbacks for 3 lots. Access for all lots will be from Alanis Drive.
The Final Plat complies with all applicable technical requirements of the City of Wylie.
Recommended for approval subject to Engineering comments.
Planning Commission voted 6-0 to recommend approval of the Final Plat.
Approved By
Initial Date
Department Director RO 05/16/12
City Manager MM 5-18-12
Page 1 of 1
OWNER:
DESCRIPTION
STATE OF TEXAS
COUNTY OF COLLIN Clay Blakey
DouglasBEING P.O. Box 434
Survey,sA Goct or
and being that
o Wylie.Ce
recorded part of that called in Volume 1230.Page
acres 749 oil lhend described Records of deed to
Wylie, TX 75098
and wL.54],PG.43 Texas,and being further described as follows. Land Records Collin o1
BEGINNI
G at a
/2 Inch
teel rod found
"Precise"al.e
tion of/he South
Block Drive AN of Blakey Addition sN with tn.Eost line�f recorded In Volume sold 3.0 cores,s 2006, Page Northwestnd of the 250 co Plat Rec{dsinof SURVEYOR:
_z couir,County, Texas.from which a 1/2 inch steel rod found al Ihr Northeast corner or Lk z,
Block A of id Blakey Addition bears South 89 degrees 58 minutes 03 seconds East, 213.58 feet
Ala^/s Drive(60'R.O.W.) POINT OF for witness. WestTHENCE South 01 degrees 00 mlnu/es 60 seconds „Bearing eosin),3 Boundary
wins'' s Tzze 8 39 BEGINNING of said Lot t of Blakey
Addition
n No. o {o a 1/2 inc steel rod found at the Southwest corner SOiUtio rls
1 zs.n —— 124.65 08.37 ,.; s�——�—Ion e ins ,/x<s —\ degreesBlakey
v P.O. Box 250
roes, T ko•euxmr:c uxc THENCE
North
e Southwest earn of ands ss d West.D and a1 a /2 inch eat corner ael d found r Caddo Mills. TX
E e ties ern Guth 972-782-8082
raced e1.934 Vacres olume of landdescribed In a deed tlto3Jose P.Resent,and yNanette s S.Resend/z tan
recorded n 3 g 927 of the Lan Record f Collin C Texas:
JAMES L.BLAKEY 3.0 oc es, a{the inlerseohon ai the South Ime of sold Alonis Orive,.,'1'ht IM1e West ti ne of said y BND.SOL Job# 1202-011
Dale Prepared:he SouIM1 Ina of so
LOi 1 LDT 2 VOL.2390,PG 66 4lanis Drive{a the POINT OF BEGINNING.containing .876 cores of land. Minor Aesthetic Changes
n M M M i THEN South 89 degrees 58 minutes 03 seconds Ea,. o
LOT 1 LOT 2 LOT 3 NOW,THEREFORE KNOW ALL MEN BY THESE PRESENTS: tiT
VOL,3378.PG.427 1.000 ACRES - m 1.000 ACRES n 0.876 ACRES,
0A I d ro e
& VOL.2 c.zsG — _ keyaA - d property c o
o ADDITION
_ right-of-ways es _
ty.Texas.and does hereby dedicate in
ee simple.lo
ver easements
z b as buildings, fences,trees,s or of growths al a,
HENRYThat,Ciay
SURVEY '"z 'nz 0'^ Indicated.
Wed„ easements
other
nPedpright-of-ways
-osf or
h:nownP be
9i
ei cress roe
A z92 remove and keutility ep being herebyall a parts of any building, fences,I�9als,hshrubs,oar other ove the full right a o
I improvements or m growth
hich of nsmay
way
a yeenda endanger
oWlintlity re with
and co public urL'aes
ro a
I maintenance.or
d�
the permission
of anyone. its resPecfiveclsystemspwlih of the necessity of sa any o procuring
dU .
shall o rig s to or a liccd
easeme rats otrolting n� a
or rem n 1 r n
i si anyone. w J
J��c�Y' 12fi]5' WITNESS MY HAND AT WYLIE,TEXAS, U
IM1is day of 0f2 O5 w
124.83' 108.36' E
N 83'3,23"W 358]d p — ——— _—1
Cioy
owner 0 k3
i .
STATE or TEXAS
RE me,the
te of Texos,on this
1-
PEE NICKLAS TER COUNTYpersonally
OF lly appeared
undersigned
Clay Blaketo the foregoing InsGumen1 and y.yknow�t,Public in and for the t me to me
that
the personedhosesnam far subscribed
(/ )
and considerations therein N .essed. wl g e ha he the e purpose T -'
o
DESCRIBED IN r
CALLED 3ACRES
BEANIE BLAKEYBL _—I GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of -6 Q'"N
C.#9;-00 429 C L'o Q
Nolo,P 0
y Commission Expt for eaan{v. Texas ea
M
�._sR —— KNOW ALL MEN BY THESE PRESENTSSURVEYOR'S CERTIFICATE'fir` ————————————— _y14 THAT,I.Matthew Busby do hereby certiryy that I hove prepared kor plat from o actual and
coca,.survey of the land ond thol
e corner monuments shown thereon were properly placed
under my personal vlslaccordance with the Platting Rules and Regulations of the City
of Wylie.
OF CV
NOTICE:
"Recommended for Approval" srer :,'M wo AL. Selling a portion o this addition b'metes and bounds I Matthew Busbry R L.S.5751
violat
on
f City
and
aw
d is
D y of y .Texas 2a 9 amm,es,a" Date Note:Addit en cgs base 2o06. line oof Blakey fines and withholdings of utilities and permits. '° O 8- W
). STATE OF TEXAS
LU
"Approved for construction Bearings
FLOOD NOTE. building COUNTY of COLLIN Inch Heel rods set tote red Z U M J F
Note:All Mayo Cfy of Wylie.Texas Dole plastic capslumped"Boundary Solutions" Subject'coot
des edn June
2 2009 toted from F.I.R.M. Ih's O 0 }}
4 p d vocal q Fact Iota une doy personally appeared Molthew Bushy.known to me lo be the person whose nome is
subscribed a the foregoing
Instrument
Oldrecknow g to me that ke executed the some Tor D_ H m, z
Abed to i acknowledged
Zone " -Areas determined{a be outside the 0.2%anneal o
chance Xllppdplaln. J o m—10
Mara City of WYIe Texas Dare VICINITY MAP GIVEN UNDER MY HAND AND SEAL or OFFICE this day of ,2012. Q r 00
(Not to Scale) z ¢ D 0
The undersigned.the City Seerelory of the City a L_ LU H z
to the City f `a`""°"� Notes y Pam,o,n and mr Collin courtly.Texas Q 0 dedication of sHeets.alley.parks.easement.public pieces.and wafer and sewer lines os nir
note acceptance yhandm1e by signing doyarme oe hn .ce,ar,bed. jo
FINALPLAT
G y of Wylie.Texas , BLAKEY ADDITION NO.2 Z
% SCALE: 1"=60' LOTS 1-3,BLOCK 1
g o 60' 120. 180' 290' HENRY L.DOUGLAS SURVEY,A-292
CITY OF WYLIE
A Pz.-il'I'RovI 1)t 5-[5-'12 COLLIN COUNTY,TEXAS
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: May 22, 2012 Item Number: H.
Department: WEDC (City Secretary's Use Only)
Prepared By: S. Satterwhite/M. Manson Account Code:
Date Prepared: May 15, 2012 Budgeted Amount:
Exhibits: 1
Subject
Consider, and act upon, approval of an Impact Fee Agreement between the City of Wylie and PM Wylie MOB,
LP.
Recommendation
Motion to approve an Impact Fee Agreement between the City of Wylie and PM Wylie MOB, LP.
Discussion
On December 13, 2011 the Wylie City Council unanimously approved an Impact Fee Agreement between the
City of Wylie and PM Realty Group, LP. Staff is seeking approval of the attached Impact Fee Agreement
which contemplates an extension by which PM must acquire the property and commence construction and a
name change to the legal entity which will develop the site.
The original Agreement approved by Council requires PM to acquire approximately 3.59 acres and commence
construction of a minimum 51,000 square foot medical office building no later than June 1, 2012. With Tenet
Healthcare not signing their lease in January 2012 as anticipated and executing the same in April 2012, the
delay had rippling effects throughout the project directly related to design and lending approval. For that
reason, it is recommended that PM not be required to acquire the property and commence construction until
July 13, 2012. While it is anticipated by all parties that acquisition and construction will take place in June,
additional time was included so that Council does not have to address any other unanticipated delays.
An additional modification to the Agreement is a name change for the Developer from PM Realty Group, LP to
PM Wylie MOB, LP. This requested name change is not unexpected as the original Agreement contemplated
assignment of the Agreement to an "entity of an affiliate that is owned and controlled by the Company (PM
Realty Group, LP) or its principals".
With assistance from the WEDC, PM and Tenet are scheduling a groundbreaking ceremony on June 12, 2012 at
10:00 a.m. Council and community officials will be receiving notice of the groundbreaking within the next
week via email.
Approved By
Initial Date
Department Director SS 12-6-11
City Manager MM 5-18-12
Page 1 of 1
IMPACT FEE AGREEMENT
(PM Wylie MOB Property)
THIS IMPACT FEE AGREEMENT ("Agreement") is made and entered into as of this
day of , 2012, by and among, the CITY OF WYLIE, TEXAS, a
Texas home-rule municipality ("City"), and PM WYLIE MOB, LP, a Texas limited
partnership ("Developer"), on the terms and conditions hereinafter set forth.
WITNESSETH:
WHEREAS, City previously approved an Impact Fee Agreement with PM Realty
Group, LP, on December 13, 2012, that has not been executed by the parties; and
WHEREAS, Developer has acquired PM Realty Group, LP's interest in the Property
described herein, and PM Realty Group, LP has assigned its interest in this Agreement to
Developer; and
WHEREAS, Developer is acquiring approximately 3.59 acres of land located at the
intersection of F.M. 544 and Sanden Boulevard in the City of Wylie, Collin County, Texas, as
more particularly described and depicted on Exhibit A, attached hereto and incorporated herein
by reference ("Property"); and
WHEREAS, the Developer has requested financial and/or economic assistance from the
WYLIE ECONOMIC DEVELOPMENT CORPORATION ("WEDC") to plan and construct
certain infrastructure improvements to assist in the development of the Property for a 51,000
square foot medical office building to support physicians and related services affiliated with the
Tenet Healthcare system (the "Facility"); and
WHEREAS, the Developer is entering into a Performance Agreement with the WEDC
for the construction of certain qualified infrastructure improvements as described therein; and
WHEREAS, Developer is obligated to pay thoroughfare impact fees on the Property as
described in Ordinance No. 2009-12, as amended("Impact Fee Ordinance"); and
WHEREAS, in consideration of Developer acquiring the Property, constructing the
Facility and the offsite improvements, City has agreed to grant Developer thoroughfare impact
fee credits as described herein; and
NOW, THEREFORE, in consideration of the covenants and conditions contained in this
Agreement, City and Developer agree as follows:
1. Land Subject to Agreement. The land that is subject to this Agreement is the
Property. Developer represents that it will be the sole owner of the Property.
2. Improvements. Developer shall acquire the Property and cause the construction
of the Facility to commence on or before July 13, 2012; and
IMPACT FEE AGREEMENT(City of Wylie,Texas—PM Wylie MOB Property) Page 1 of 6
599970v4
3. Thoroughfare Impact Fees. The thoroughfare impact fees due on the Property
under the Impact Fee Ordinance are Two-Hundred Thirty Four Thousand, One Hundred Forty-
Seven and 80/100 Dollars ($234,147.80) ("Thoroughfare Impact Fees"). This Agreement shall
only apply to thoroughfare impact fees due on the Property under the Impact Fee Ordinance.
Developer has requested that City provide a partial credit of the Thoroughfare Impact Fees in the
amount of One Hundred Ninety Four Thousand, One Hundred Eighty-Seven and 80/100 Dollars
($194,187.80) ("Credit"). Contingent upon the requirements provided for herein, City agrees to
apply the Credit toward the Thoroughfare Impact Fees due on the Property. Developer agrees to
tender to City the remaining Thoroughfare Impact Fees owed on the Property when due under
the Ordinance.
4. Limitation of Liability. Notwithstanding anything to the contrary herein, the
parties agree and acknowledge that City shall not, under any circumstance, be required to tender,
provide a credit and/or be liable to Developer for, any reimbursement of, credit and/or payment
of any monies with regard to the matters set forth herein, save and except as provided in
Paragraph 3 above.
5. Covenant Running with Land. This Agreement shall be a covenant running
with the land and the Property and shall be binding upon Developer, its officers, directors,
partners, employees, representatives, agents, successors, assignees, vendors, grantees and/or
trustees.
6. Limitations of Agreement. The parties hereto acknowledge that this Agreement
is limited to the matters specifically addressed herein. City ordinances covering property taxes,
utility rates, permit fees, inspection fees, development fees, impact fees for water and sewer, tap
fees, pro-rata fees and the like are not affected by this Agreement. Further, this Agreement does
not waive or limit any of the obligations of Developer to City under any ordinance, whether now
existing or in the future arising.
7. Vested Rights/Chapter 245 Waiver. The signatories hereto shall be subject to
all ordinances of City, whether now existing or in the future arising. This Agreement shall
confer no vested rights on the Property, or any portion thereof, unless specifically enumerated
herein. In addition, nothing contained in this Agreement shall constitute a "permit" as defined in
Chapter 245, Texas Local Government Code, and nothing in this Agreement provides City with
fair notice of any Developer's project. DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER
CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE RELATED TO THIS AGREEMENT.
THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
8. Incorporation of Recitals. The representations, covenants and recitations set
forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated
into the body of this Agreement and adopted as findings of City and the authorized
representative of Developer.
9. Developer's Warranties/Representations. All warranties, representations and
covenants made by Developer in this Agreement or in any certificate or other instrument
IMPACT FEE AGREEMENT(City of Wylie,Texas—PM Wylie MOB Property) Page 2 of 6
599970v4
delivered by Developer to City under this Agreement shall be considered to have been relied
upon by City and will survive the satisfaction of any fees under this Agreement, regardless of
any investigation made by City or on City's behalf.
10. Entire Agreement. This Agreement contains the entire agreement of the parties
with respect to the matters contained herein and may not be modified or terminated except upon
the provisions hereof or by the mutual written agreement of the parties hereto.
11. Venue. This Agreement shall be construed in accordance with the laws of the
State of Texas and shall be performable in Collin County, Texas.
12. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
13. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile signature
will also be deemed to constitute an original if properly executed.
14. Authority to Execute. This individuals executing this Agreement on behalf of
the respective party below represent to each other and to others 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 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.
15. Savings/Severability. In case one or more of the provisions contained in this
agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision hereof, and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had never
been contained herein.
16. Representations. Each signatory represents this Agreement has been read by the
party for which this Agreement is executed and that such party has had an opportunity to confer
with its counsel.
17. Sovereign Immunity. The parties agree that City has not waived its sovereign
immunity by entering into and performing its obligations under this Agreement.
18. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to
create 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.
IMPACT FEE AGREEMENT(City of Wylie,Texas—PM Wylie MOB Property) Page 3 of 6
599970v4
19. Assignment/Binding Effect. This Agreement may not be assigned by the
Developer (except to an entity or an affiliate that is owned and controlled by the Company or its
principals) without the prior written consent of City.
20. Reference to Developer. When referring to "Developer" herein, this Agreement
shall refer to and be binding upon Developer, and its officers, directors, partners, employees,
representatives, contractors, agents, successors, assignees, vendors, grantees and/or trustees.
21. 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. Headings in this Agreement are for the
convenience of the parties and are not intended to be used in construing this document.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to become effective on the latest day as reflected by the signatures below.
CITY: DEVELOPER:
CITY OF WYLIE, TEXAS PM WYLIE MOB, LP
By: By:
Eric Hogue, Mayor Name:
Title:
Date: Date:
IMPACT FEE AGREEMENT(City of Wylie,Texas—PM Wylie MOB Property) Page 4 of 6
599970v4
STATE OF TEXAS: §
§
COUNTY OF COLLIN: §
BEFORE ME, the undersigned authority, on this day personally appeared Eric Hogue,
known to me to be one of the persons whose names are subscribed to the foregoing instrument;
he acknowledged to me that he is the duly authorized representative for the CITY OF WYLIE,
TEXAS, and he executed said instrument for the purposes and considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 2012.
Notary Public in and for the State of Texas
My Commission Expires:
STATE OF TEXAS: §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared
, the of PM Wylie MOB, LP, a
, known to me to be one of the persons whose names are subscribed to the
foregoing instrument; he/she acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed and in the capacity therein stated on behalf of said
corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 2012.
Notary Public in and for the State of Texas
My Commission Expires:
IMPACT FEE AGREEMENT(City of Wylie,Texas—PM Wylie MOB Property) Page 5 of 6
599970v4
EXHIBIT A
LEGAL DESCRIPTION AND DEPICTION OF THE PROPERTY
IMPACT FEE AGREEMENT(City of Wylie,Texas—PM Wylie MOB Property) Page 6 of 6
599970v4
7 Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: May 22, 2012 Item Number: 1.
Department: City Secretary (City Secretary's Use Only)
Prepared By: Account Code:
Date Prepared: May 10, 2012 Budgeted Amount:
Exhibits: Resolution No. 2006-17(R)
Subject
Consider, and act upon, the appointment of a 2012 Board and Commissions City Council Interview Panel to
conduct the May/June 2012 board applicant interviews.
Recommendation
Motion to appoint , , and to serve on the 2012 Boards and
Commissions City Council Interview Panel.
Discussion
Each year the City Secretary's Office solicits and compiles applications from Wylie residents wishing to serve on
various Wylie Boards and Commissions. These applications are received through the year until the later part of May
of each calendar year. Additionally, in May/June of each year, the applications are compiled into appointment
timeframes to allow the three council member panel time to interview each applicant and subsequently choose a list
of applicants to recommend to the full Council to serve two year terms on the various boards. The terms are
staggered so each year approximately half of the members serving on each board and commission are appointed.
Pursuant to Resolution No. 2006-17(R) approved in 2006, the procedures for the interview process, allows council
members, not serving on the panel, an opportunity to address questions and concerns to the panel to be asked of the
applicants. The rules and procedures in Resolution 2006-17(R) comply with the Texas Open Meetings Act. The
Resolution is attached for your review.
Proposed interview meeting dates will be Tuesday, May 29th, Wednesday, May 30th, and Wednesday, June 66
,
from 6:00 p.m. - 9:30 p.m. each night. An alternate date of May 31 t can be used in the event panel members are
unable to attend one of the above dates.
Immediately following the final evening's interviews, the panel will deliberate on recommendations to be submitted
to the city council at the June 12, 2012 regular meeting. This timeline for approval by June 12th will allow time for
each new member to be sworn in at the June 26th council meeting and begin their terms on July 1, 2012. All Council
members will receive the scheduled appointment list and all applications submitted prior to the interview process.
Approved By
Initial Date
Department Director CE 5/10/2012
City Manager MM 5-18-12
Page 1 of 1
RESOLUTION NO. 2006-17(R)
A RESOLUTION OF THE CITY OF WYLIE, TEXAS ADOPTING
PROCEDURES FOR THE WYLIE BOARDS AND COMMISSION
INTERVIEW PROCESS AND THE APPOINTMENT OF THE
2006-07 BOARDS AND COMMISSION INTERVIEW PANEL.
WHEREAS,the City of Wylie has nine boards and commissions comprised of a total
of 54 members serving staggered two year terms; and
WHEREAS, each year the City of Wylie receives applications from residents for
consideration of appointment to City of Wylie Boards and Commissions; and
WHEREAS, applicants for the board and commission members are interviewed by a
Selection Panel consisting of three council members; and
WHEREAS, it has been deemed that guidelines be set for the Selection Panel, the
application process, the interview process, and the appointment process of the City of Wylie
Boards and Commissions.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE:
SECTION 1: That the City Council of the City of Wylie will appoint a three (3)
member Selection Panel each year comprised of three(3) Council Members.
SECTION 2: That applications and scheduling of applicants to be interviewed by the
Selection Panel will be completed by the City Secretary and provided to the City Council.
SECTION 3: That the interview process will be held in the City of Wylie Council
Chambers and notifications of the interview dates will be posted for the public to attend.
SECTION 4: That City Council can provide a series of questions to the Selection
Panel for the applicants to address during their interview.
SECTION 5: Recommendations by the Selection Panel will be made in open session
and the recommendations will be presented to Council for discussion and approval.
Resolution No.2006-17(R)
Boards and Commission Interview Process
DULY PASSED AND APPROVED by the Wylie City Council on this 23rd day of
May 2006.
John ondy, ayor
ATTEST:
•.0%' F Iv '%
i SEAL
Caro e Ehrlich, ecretary . •
•
f , P
E TEX .�`\
•
Resolution No.2006-17(R)
Boards and Commission Interview Process
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: May 22, 2012 Item Number: 2.
Department: Engineering (City Secretary's Use Only)
Prepared By: Chris Hoisted Account Code: N/A
Date Prepared: 05/14/12 Budgeted Amount: N/A
Exhibits: Resolution, Contract
Subject
Consider, and act upon, approval of Resolution No. 2012-18(R) authorizing the City Manager to execute a
contract with Kimley-Horn and Associates, Inc. for the design of the Woodbridge Parkway reconstruction from
Hensley Lane to the Maxwell Creek Bridge.
Recommendation
Motion to approve Resolution No. 2012-18(R) authorizing the City Manager to execute a contract with Kimley-
Horn and Associates, Inc. for the design of the Woodbridge Parkway reconstruction.
Discussion
The extension of Woodbridge Parkway from Hooper Road to State Highway 78 in Sachse will connect FM 544
to SH 78 and will promote economic benefits for both cities and improve mobility for southeast Collin County.
The design of the Maxwell Creek Bridge is essentially complete and was partially funded in the 2003 Collin
county Bond Program. The portion of Woodbridge Parkway from Hensley Lane to the bridge has not been
designed and is necessary for the completion of the connection.
An Interlocal agreement (ILA) was approved by Council on April 10, 2012 for the construction of Woodbridge
Parkway. The ILA defines funding responsibilities along with the roles and responsibilities of Collin County,
the City of Sachse, and the City of Wylie. Collin County has agreed to fund up to $4,084,198.77 towards the
project. The Cities of Wylie and Sachse have agreed to fund $2,289,661.50 and $2,113,148.78 respectively.
The ILA was approved by Collin County on their May 7th meeting and it defines funds to be released this year
for engineering and right of way acquisition. The conceptual opinion of probable construction cost for the
project is $3,372,643 and includes $323,874 for engineering services.
The proposed engineering agreement outlines responsibilities of the City and Kimley-Horn. The proposed
engineering fee for the project is $120,250. Upon execution of the agreement, staff will request a release of
funds from Collin County to cover the engineering services.
Approved By
Initial Date
Department Director CH O5/14/2012
City Manager MM 5-18-12
Page 1 of 1
RESOLUTION NO. 2012-18(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE
CITY OF WYLIE, TEXAS, TO EXECUTE A CONTRACT WITH
KIMLEY-HORN ASSOCIATES, INC. FOR THE DESIGN OF THE
WOODBRIDGE PARKWAY RECONSTRUCTION FROM HENSLEY
LANE TO MAXWELL CREEK BRIDGE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of WYLIE, Texas, the contract between the
City of Wylie and Kimley-Horn Associates, Inc. for the design of the Woodbridge Parkway
Reconstruction.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 22nd day of May 2012.
ERIC HOGUE, Mayor
ATTEST TO:
CAROLE EHRLICH, City Secretary
Resolution No.2012-18(R)
Kimley-Horn Design Services
EXHIBIT "A"
Contract
Resolution No.2012-18(R)
Kimley-Horn Design Services
AGREEMENT
BETWEEN
THE CITY OF WYLIE, TEXAS (CITY)
AND
KIMLEY-HORN AND ASSOCIATES, INC. (CONSULTANT)
FOR
ENGINEERING
DESIGN SERVICES AGREEMENT
Made as of the day of in the year Two Thousand
and Twelve:
BETWEEN the City: The City of Wylie, Texas
300 Country Club
Wylie, Texas 75098
Telephone: (972) 516-6400
and the Consultant: Kimley-Horn and Associates, Inc.
12700 Park Central Drive Suite 1800
Dallas, TX 75251-1516
Telephone: (972) 770-1300
Facsimile: (972) 239-3820
for the following Project: Woodbridge Parkway Reconstruction (Hensley
Lane to Maxwell Creek Bridge)
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 Kimley-Horn and Associates, Inc., hereinafter referred to as
"Consultant," to be effective from and after the date as provided herein,
hereinafter referred to as "Agreement."
WHEREAS, the City desires to engage the services of the Consultant to
design and/or prepare construction documents for a the reconstruction of
Woodbridge Parkway from Hensley Lane to the Maxwell Creek Bridge within
the City of Wylie, Texas, hereinafter referred to as "Project;" and
City of Wylie—Consultant Services Agreement Page 1
459432.v2
WHEREAS, the Consultant desires to render such professional engineering
services for the City upon the terms and conditions provided herein.
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That for and in consideration of the covenants contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
ARTICLE 7
CONSULTANT'S SERVICES
1.1 Employment of the Consultant — The City hereby agrees to retain the
Consultant to perform professional engineering services in connection
with the Project. Consultant agrees to perform such services in
accordance with the terms and conditions of this Agreement.
1.2 Scope of Services — The parties agree that Consultant shall perform
such services as are set forth and described in Exhibit "A," which is
attached hereto and incorporated herein by reference for all purposes.
The parties understand and agree that deviations or modifications to the
scope of services described in Exhibit "A," in the form of written change
orders, may be authorized from time to time by the City.
1.2.1 Requirement of Written Change Order — "Extra" work, or
"claims" invoiced as "extra" work, or "claims" which have not
been issued as a duly executed, written change order by the
Wylie City Manager, will not be authorized for payment and/or
shall not become part of the subcontracts. A duly executed
written change order shall be preceded by the Wylie City
Council's authorization for the Wylie City Manager to execute
said change order.
1.2.2 DO NOT PERFORM ANY EXTRA WORK AND/OR ADDITIONAL
SERVICES WITHOUT A DULY EXECUTED WRITTEN CHANGE
ORDER ISSUED BY THE WYLIE CITY MANAGER. Project
Managers, Superintendents, and/or Inspectors of the City are not
authorized to issue verbal or written change orders.
1.3 Schedule of Work — The Consultant agrees to commence work
immediately upon the execution of this Agreement, and to proceed
diligently with said work to completion as described in the
Compensation Schedule / Project Billing I 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
August 31, 2012.
City of Wylie—Consultant Services Agreement Page 2
459432.v2
ARTICLE 2
THE CITY'S RESPONSIBILITIES
City shall do the following in a timely manner so as not to delay the services of
Consultant:
2.1 Project Data — The City shall furnish required information that is
currently has in its possession, as expeditiously as necessary for the
orderly progress of the work, and the Consultant shall be entitled to rely
upon the accuracy and completeness thereof.
2.2 City Project Manager — The City shall designate, when necessary, a
representative authorized to act on the City's behalf with respect to the
Project (the "Project Manager"). The City or such authorized
representative shall examine the documents submitted by the
Consultant and shall render any 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 not to exceed One Hundred Twenty-Five Thousand
and Sixty and 00/100 Dollars ($125,060.00), ("Consultant's Fee") and
shall be paid in accordance with Article 3 and the Compensation
Schedule 1 Project Billing I Project Budget as set forth in Exhibit "B."
The final five percent (5%) of the Consultant's Fee, or Six Thousand
Two Hundred Fifty Three and 00/100 Dollars ($6,253.00), shall not be
paid until the Consultant has completed all of the services described in
Exhibit "A" and delivered to the City all of the documents, plans, data,
maps, and/or other information required in Exhibit "A."
3.1.1 Completion of Record Documents — City and Consultant agree
that the completion of the Record Documents and/or "As-Built"
Documents, including hard copy formatting and electronic
formatting, shall be completed, submitted to, and accepted by the
City prior to payment of the final five percent (5%) of the
Consultant's Fee, or Six Thousand Ninety Two and 50/100
Dollars ($6,012.50). The electronic formatting shall be consistent
with the standards established in Exhibit "D," City of Wylie
Guidelines for Computer Aided Design and Drafting ("CADD").
City of Wylie—Consultant Services Agreement Page 3
459432.v2
Completion of the Record Documents and/or "As-Built"
documents shall be included in the Consultant's Fee and
considered to be within the Scope of Services defined under this
Agreement.
3.1.2 Disputes between City and Construction Contractor — if the
Project involves the Consultant performing Construction
Administration Services relating to an agreement between a
Construction Contractor (the "Contractor") and the City, and upon
receipt of a written request by City, Consultant shall research
previous and existing conditions of the Project, and make a
determination whether or not to certify that sufficient cause exists
for the City to declare the Contractor in default of the terms and
conditions of the agreement. Consultant shall submit his findings
in writing to the City, or submit a written request for a specific
extension of time (including the basis for such extension), within
fifteen (15) calendar days of receipt of the written request from
the City. City and Consultant agree that if requested by the City,
completion of this task shall be included in the Consultant's Fee
and considered to be within the Scope of Services as defined
under this Agreement.
3.1.3 Consultation and Approval by Governmental Authorities and
Franchised Utilities — Consultant shall be responsible for
identifying and analyzing the requirements of governmental
agencies and all franchise utilities involved with the Project, and
to participate in consultation with said agencies in order to obtain
all necessary approvals and/or permissions. The Consultant
shall be responsible for preparation and timely submittal of
documents required for review, approval, and/or recording by
such agencies. The Consultant shall be responsible for making
such changes in the Construction Documents as may be required
by existing written standards promulgated by such agencies at no
additional charge to City.
3.1.4 Substantial Compliance with Architectural Barriers Act —
Should the Project fall within the regulatory requirements of the
Texas Architectural Barriers Act (the "Barriers Act"), as solely
determined by the City, Consultant shall comply with the Barriers
Act. As part of the Scope of Services defined in this Agreement,
it is the sole responsibility of the Consultant to identify and
analyze the requirements of the Barriers Act and to become
familiar with the governmental authorities having jurisdiction to
approve the design of the Project. Consultant shall participate in
consultations with said authorities in order to obtain approval for
the Project. As part of the services provided under the
City of Wylie—Consultant Services Agreement Page 4
459432.v2
Consultant's Fee, the Consultant shall obtain the Notice of
Substantial Compliance for the Project from the Texas
Department of Licensing and Regulation (the "TDLR"). The
Consultant shall, without additional compensation, immediately
correct any errors, omissions, or deficiencies in the design
services and/or construction documents identified by TDLR
and/or a Registered Accessibility Specialist ("RAS") at any phase
of the Project, either by review of the construction documents, or
inspection of the Project at the commencement of construction,
during the construction of the Project, or at the completion of
construction.
3.1.4.1 Submission of Construction Documents to TDLR —
The Consultant shall mail, ship, or hand-deliver the
construction documents to TDLR not later than five (5)
calendar days after the Consultant issues the
construction documents for the Project.
3.1.4.2 Completion of Registration Form to TDLR —
Consultant shall complete an Elimination of Barriers
Project Registration Form (The "Form") for each
subject building or facility within the Scope of the
Project, and submit the registration form(s) along with
the applicable fees not later than fourteen (14)
calendar days after the Consultant completes the
submittal of the construction documents to TDLR.
3.1.4.3 TDLR Approval of Construction Documents — After
review of the construction documents by TDLR, the
Consultant shall be notified in writing of the results;
however, it is the Consultant's responsibility to obtain
TDLR's written comments. The Consultant shall
address all comments that prevent TDLR approval of
the construction documents, including comments
relating to Conditional Approval that must be
addressed in the design and construction of the
Project. Consultant shall resubmit construction
documents to TDLR for prior review to the completion
of construction of the Project.
3.1.4.4 TDLR Project Inspection — Consultant shall request
an inspection from TDLR or a TDLR locally approved
RAS no later than thirty (30) calendar days after the
completion of construction of the Project. The
Consultant shall advise the City in writing of the results
of each Project inspection. City reserves the right to
City of Wylie—Consultant Services Agreement Page 5
459432.v2
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 Proiect
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 Six Thousand Ninety Two and
50/100 Dollars ($6,012.50) shall not be paid until the
City is in receipt of the TDLR's Notice of Substantial
Compliance for all Project components and/or phases
of the Project.
3.2 Direct Expenses — Direct Expenses are included in the Consultant's
Fee as described in Article 3.1 and include actual reasonable and
necessary expenditures made by the Consultant and the Consultant's
employees and subcontractors in the interest of the Project. All
submitted Direct Expenses are to be within the amounts as stated in the
Compensation Schedule / Project Billing / Project Budget set forth in
Exhibit "B," and consistent with Exhibit "E," City of Wylie Guidelines for
Direct Expenses, General and Administrative Markup, and Travel and
Subsistence Expenses. The Consultant shall be solely responsible for
the auditing of all Direct Expenses, including the subcontractors, prior to
submitting to the City for reimbursement, and shall be responsible for
the accuracy thereof. Any over-payment by the City for errors in
submittals for reimbursement may be deducted from the Consultant's
subsequent payment for services; provided, however this shall not be
the City's sole and exclusive remedy for said overpayment.
City of Wylie—Consultant Services Agreement Page 6
459432.v2
1
3.3 Additional Services — The Consultant shall provide the services as
described in the Scope of Services as set forth in Exhibit "A" of this
Agreement. If authorized in writing by the City, the Consultant shall
provide additional services, to be compensated on an hourly basis in
accordance with this paragraph ("Additional Services"). These services
may include, but are not limited to:
3.3.1 Additional meetings, hearings, work-sessions, or other similar
presentations which are not provided for or contemplated in the
Scope of Services described in Exhibit "A."
3.3.2 Additional drafts and revisions to the Project which are not
provided for or contemplated in the Scope of Services as
described in Exhibit "A."
3.3.3 Additional copies of final reports and construction plans which
are not provided for or contemplated in the Scope of Services as
described in Exhibit "A."
3.3.4 Photography, professional massing models which are not
provided for or contemplated in the Scope of Services as
described in Exhibit "A."
3.3.5 Compensation for Additional Services authorized by the City shall
be in addition to the Consultant's Fee and shall be based on
direct billable labor rates and expenses.
3.3.6 Compensation for Additional Services authorized by the City shall
be in addition to the Consultant's Fee and shall be based on an
hourly basis according to the following personnel rates. The
rates set forth in this chart are subject to reasonable change
provided prior written notice of said change is given to City.
Hourly Billable Rates by Position
Position Hourly Rate
Support Staff/Technician $ 60-$105
Analyst $ 125-$150
Designer $ 100-$155
CAD Technician $ 130-$145
Engineer/Professional $ 145-$190
Senior Engineer II $ 190-$230
Senior Engineer I $ 220-250
City of Wylie—Consultant Services Agreement Page 7
459432.v2
3.4 Invoices — No payment to Consultant shall be made until Consultant
tenders an invoice to the City. Invoices are to be mailed to City
immediately upon completion of each individual task listed in Exhibit "B."
On all submitted invoices, Consultant shall include appropriate
background materials to support the submitted charges on said invoice.
Such background material shall include, but is not limited to, employee
timesheets, invoices for work obtained from other parties, and receipts
and/or log information relating to Direct Expenses. All invoices for
payment shall provide a summary methodology for administrative
markup and/or overhead charges.
3.5 Timing of Payment — City shall make payment to Consultant for said
invoices within thirty (30) days following receipt and acceptance thereof.
The parties agree that payment by City to Consultant is considered to
be complete upon mailing of payment by City. Furthermore, the parties
agree that the payment is considered to be mailed on the date that the
payment is postmarked.
3.6 Disputed Payment Procedures — In the event of a disputed or
contested billing by City, only that portion so contested may be withheld
from payment, and the undisputed portion will be paid. City shall notify
Consultant of a disputed invoice, or portion of an invoice, in writing by
the twenty-first (21 st) 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 allpayment(s) of the undisputed amounts, documentingthe
p
credited amounts, and identifying outstandingamounts on said invoice
fY g
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
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Texas Government Code. The City shall not be required to pay any
invoice submitted by the Consultant if the Consultant breached any
provision(s) herein.
3.8 Adjusted Compensation — If the Scope of the Project or if the
Consultant's services are materially changed due to no error on behalf
of Consultant in the performance of services under this Agreement, the
amounts of the Consultant's compensation shall be equitably adjusted
as approved by City. Any additional amounts paid to the Consultant as
a result of any material change to the Scope of the Project shall be
authorized by written change order duly executed by both parties before
the services are performed.
3.9 Project Suspension — If the Project is suspended or abandoned in
whole or in part for more than three (3) months, Consultant shall be
entitled to compensation for any and all work completed to the
satisfaction of City in accordance with the provisions of this Agreement
prior to suspension or abandonment. In the event of such suspension
or abandonment, Consultant shall deliver to City all finished or
unfinished documents, data, studies, surveys, drawings, maps, models,
reports, photographs, and/or any other items prepared by Consultant in
connection with this Agreement prior to Consultant receiving final
payment. If the Project is resumed after being suspended for more than
three (3) months, the Consultant's compensation shall be equitably
adjusted as approved by the City. Any additional amounts paid to the
Consultant after the Project is resumed shall be agreed upon in writing
by both parties before the services are performed.
ARTICLE 4
OWNERSHIP OF DOCUMENTS
4.1 Documents Property of the City — The Project is the property of the
City, and Consultant may not use the documents, plans, data, studies,
surveys, drawings, maps, models, reports, photographs, and/or any
materials for any other purpose not relating to the Project without City's
prior written consent. City shall be furnished with such reproductions of
the Project, plans, data, documents, maps, and any other information as
defined in Exhibit "A." Upon completion of the work, or any earlier
termination of this Agreement under Article 3 and/or Article 7,
Consultant will revise plans, data, documents, maps, and any other
information as defined in Exhibit "A" to reflect changes while working on
the Project and 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
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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 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 "F," City of Wylie Contractor Insurance
Requirements, Consultant shall maintain, at no expense to City, a
professional liability (errors and omissions) insurance policy with a
company that maintains a minimum rating of "A" by A.M. Best's Key
Rating Guide, or other equivalent rating service(s), authorized to
transact business in the State of Texas, in an amount not less than One
Million and 00/100 Dollars ($1,000,000.00) for each occurrence, and
Two.Million and 00/100 Dollars ($2,000,000.00) in the aggregate. Such
policy shall name the City, its officers, agents, representatives, and
employees as additional insured as to all applicable coverage. Such
policy shall provide for a waiver of subrogation against the City for
injuries, including death, property damage, or any other loss to the
extent that same is covered by the proceeds of the insurance. Such
policy shall require the provision of written notice to City at least thirty
(30) days prior to cancellation, non-renewal, or material modification of
any policies, evidenced by return receipt or United States Certified Mail.
Consultant shall furnish City with certificates evidencing such coverage
prior to commencing work on the Project.
5.2 Required Professional Liability Insurance — •Consistent with the
terms and provisions of Exhibit "F," 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
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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 "F," City of Wylie Contractor Insurance
Requirements, Consultant shall maintain, at no expense to City, all
Statutory Workers Compensation Insurance as required by the laws of
the State of Texas. Such insurance policy shall be with a company that
maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or
other equivalent service(s), and authorized to transact business in the
State of Texas. Such policy shall provide for a waiver of subrogation
against the City for injuries, including death, property damage, or any
other loss to the extent that same is covered by the proceeds of the
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.
5.4 Circumstances Requiring Umbrella Coverage or Excess Liability
Coverage — If Project size and scope warrant, and if identified on the
checklist located in Exhibit "F," City of Wylie Contractor Insurance
Requirements, Consultant shall maintain, at no expense to the City, an
umbrella coverage or excess liability coverage insurance policy with a
company that maintains a minimum rating of "A" by A.M. Best's Key
Rating Guide, or other equivalent rating service(s), authorized to
transact business in the State of Texas, in an amount of Two Million and
00/100 Dollars ($2,000,000.00). Consistent with the terms and
provisions of Exhibit "F," such policy shall name the City, its officers,
agents, representatives, and employees as additional insured as to all
applicable coverage. Such policy shall provide for a waiver of
subrogation against the City for injuries, including death, property
damage, or any other loss to the extent that the same is covered by the
proceeds of the insurance. Such policy shall require the provision of
written notice to the City at least thirty (30) days prior to cancellation,
non-renewal, or material modification of any policies, evidenced by
return receipt or United States Certified Mail. Consultant shall furnish
City with certificates evidencing such coverage prior to commencing
work on the Project.
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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 I PROHIBITED INTEREST I 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
"G" and incorporated herein for all purposes, and will abide by the same.
Further, a lawful representative of Consultant shall execute the Affidavit
attached hereto as Exhibit "G". Consultant understands and agrees that the
existence of a prohibited interest during the term of this Agreement will render
the Agreement voidable.
Consultant agrees that it is further aware of the vendor disclosure
requirements set forth in Chapter 176, Local Government Code, as amended,
and will abide by the same. In this connection, a lawful representative of
Consultant shall execute the Conflict of Interest Questionnaire, Form C1Q,
attached hereto as Exhibit "H" and incorporated herein for all purposes.
ARTICLE 8
TERMINATION OF AGREEMENT I 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
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1
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 / MEDIATION
In addition to all remedies at law, the parties may resolve/mediate any
controversy, claim or dispute arising out of or relating to the interpretation or
performance of this Agreement, or breach thereof, by voluntary mediation to be
conducted by a mutually acceptable mediator.
ARTICLE 10
INDEMNITY
CONSULTANT SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS
CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS,
REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES,
INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING
LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS,
INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING
ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS
INDEMNITY), TO THE EXTENT CAUSED BY THE NEGLIGENT, GROSSLY
NEGLIGENT, AND/OR INTENTIONAL WRONGFUL ACT AND/OR OMISSION OF
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CONSULTANT, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES,
SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES
FROM WHOM CONSULTANT IS LEGALLY RESPONSIBLE, IN ITS/THEIR
PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS
AND/OR SERVICES PROVIDED BY CONSULTANT PURSUANT TO THIS
AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE
OR STRICT LIABILITY OF THE CITY (HEREINAFTER "CLAIMS"). THIS
INDEMNIFICATION PROVISION AND THE USE OF THE TERM "CLAIMS" IS
ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY
AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY
BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON
PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY
FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS,
DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND
NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST,
RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP
BETWEEN CONSULTANT AND ITS EMPLOYEES OR SUBCONTRACTORS AS A
RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT
AND/OR SEPARATION FROM EMPLOYMENT WITH THE CONSULTANT,
INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON
SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR,
NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL
LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL
TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY,
EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS'
COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY
POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY OTHER
CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. CONSULTANT IS
EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS;
PROVIDED, HOWEVER, IF A COURT OF COMPETENT JURISDICTION
DETERMINES THAT THE CITY (WITHOUT WAIVING ANY GOVERNMENTAL
IMMUNITY) HAS JOINT, CONCURRENT OR SOLE NEGLIGENCE FOR THE
CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, THEN
CONSULTANT IS NOT REQUIRED TO INDEMNIFY THE CITY TO THE EXTENT
OF THE NEGLIGENCE APPORTIONED TO THE CITY.
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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:
City Manager
City of Wylie
300 Country Club
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:
Ashley M. Frysinger, P.E.
Associate
Kimley-Horn and Associates, Inc.
12700 Park Central Drive, Suite 1800
Dallas, Texas 75251-1516
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Any notice provided in writing under the terms of this Agreement by either
party to the other shall be in writing and may be effected by registered or
certified mail, return receipt requested.
All notices or communication required to be given in writing by one party or the
other shall be considered as having been given to the addressee on the date
such notice or communication is postmarked by the sending party. Each party
may change the address to which notice may be sent to that party by giving
notice of such change to the other party in accordance with the provisions of
this Agreement.
ARTICLE 12
MISCELLANEOUS
12.1 Complete Agreement — This Agreement, including the exhibits hereto
labeled "A" through "G," all of which are incorporated herein for all
purposes, constitute the entire Agreement by and between the parties
regarding the subject matter hereof and supersedes all prior and/or
contemporaneous written and/or oral understandings. This Agreement
may not be amended, supplemented, and/or modifies except by written
agreement duly executed by both parties. The following exhibits are
attached below and made a part of this Agreement:
12.1.1 Exhibit "A," Scope of Services.
12.1.2 Exhibit "B," Compensation Schedule I Project Billing / Project
Budget.
12.1.3 Exhibit "C," City of Wylie Guidelines for Surveying and
Benchmarking.
12.1.4 Exhibit "D," City of Wylie Guidelines for Computer Aided
Design and Drafting (CADD).
12.1.5 Exhibit "E," City of Wylie Guidelines for Direct Expenses;
General and Administrative Markup; Travel and Subsistence
Expenses.
12.1.6 Exhibit "F," City of Wylie Contractor Insurance Requirements.
12.1.7 Exhibit "G,"Affidavit.
12.1.8 Exhibit "H", Conflict of Interest Questionnaire, Form CIQ.
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12.2 Assignment and Subletting — The Consultant agrees that neither this
Agreement nor the work to be performed hereunder will be assigned or
sublet without the prior written consent of the City. The Consultant
further agrees that the assignment or subletting or any portion or feature
of the work or materials required in the performance of this Agreement
shall not relieve the Consultant of its full obligations to the City as
provided by this Agreement. All such approved work performed by
assignment or subletting shall be billed through Consultant, and there
shall be no third party billing.
12.3 Successors and Assigns — City and Consultant, and their partners,
assigns, successors, subcontractors, executors, officers, agents,
employees, representatives, and administrators are hereby bound to the
terms and conditions of this Agreement.
12.4 Severability — In the event of a term, condition, or provision of this
Agreement is determined to be invalid, illegal, void, unenforceable, or
unlawful by a court of competent jurisdiction, then that term, condition,
or provision, shall be deleted and the remainder of the Agreement shall
remain in full force and effect as if such invalid, illegal, void,
unenforceable or unlawful provision had never been contained herein.
12.5 Venue — This entire Agreement is performable in Collin County, Texas
and the venue for any action related directly or indirectly, to this
Agreement or in any manner connected therewith shall be in Collin
County, Texas, and this Agreement shall be construed under the laws of
the State of Texas.
12.6 Execution ! Consideration — This Agreement is executed by the
parties hereto without coercion or duress for any substantial
consideration, the sufficiency of which is forever confessed.
12.7 Authority — The individuals executing this Agreement on behalf of the
respective parties below represent to each other that all appropriate and
necessary action has been taken to authorize the individual who is
executing this Agreement to do so for an on behalf of the party for which
his or her signature appears, that there 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,
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at any time, shall not in any way affect, limit, or waive such party's right
thereafter to enforce and compel strict compliance.
12.9 Headings —The headings of the various sections of this Agreement are
included solely for convenience of reference and are not to be full or
accurate descriptions of the content thereof.
12.10 Multiple Counterparts —This Agreement may be executed in a number
of identical counterparts, each of which shall be deemed an original for
all purposes.
12.11 Sovereign Immunity — The parties agree that the City has not waived
its sovereign immunity by entering into and performing its obligations
under this Agreement.
12.12 Additional Representations — Each signatory represents this
Agreement has been read by the party for which this Agreement is
executed and that such party has had the opportunity to confer with its
counsel.
12.13 Miscellaneous Drafting Provisions — This Agreement shall be
deemed drafted equally by all parties hereto. The language of all parts
of this Agreement shall be construed as a whole according to its fair
meaning, and any presumption or principle that the language herein is
to be construed against any party shall not apply.
12.14 No Third Party Beneficiaries -- Nothing in this Agreement shall be
construed to create any right in any third party not a signatory to this
Agreement, and the parties do not intend to create any third party
beneficiaries by entering into this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement and
caused this Agreement to be effective on the latest day as reflected by the
signatures below.
Effective Date:
CITY CONSULTANT
City of Wylie, Texas Kimley-Horn and Associates, Inc.
By: By:
Mindy Manson, City Manager James Hall, P.E., Principal
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APPROVED AS TO FORM:
I 1
Abernathy, Roeder, Boyd, &-Joplin, P.C.
City Attorneys
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas, on this day personally appeared Mindy Manson, known to me
to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purpose and
consideration expressed, and in the capacity therein stated. 1
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 2012.
Notary Public In and For the State of Texas
My commission expires:
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 Ronny Klingbeil, known to
me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he/she executed the same for the purpose and
consideration expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2012.
Notary Public In and For the State of Texas
My commission expires:
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Exhibit "A"
Scope of Services
Agreement by and between the City of Wylie, Texas (City)
and Kimley-Horn and Associates, Inc. (Consultant)
to perform Professional Engineering Services for Woodbridge Parkway
Reconstruction from Hensley Lane to Maxwell Creek Bridge.
1. PROJECT DESCRIPTION
The City of Wylie proposes to reconstruct Woodbridge Parkway from Hensley
Lane to Maxwell Creek Bridge, which consists of approximately 2,000 linear
feet of four-lane concrete pavement section with closed conduit storm drainage
system and 500 linear feet of two-lane roadway. Water and sanitary sewer
mains and services shall be relocated as necessary to accommodate the
proposed improvements. Services by the Consultant shall include all aspects
of the work set forth in the following scope of services.
The parameters for design of the improvements shall include the following:
1. Replacement of existing 2-lane asphalt roadway with new 4-lane
concrete paving section.
2. Replacement of existing driveway approaches to the ROW line
and beyond if necessary.
3. Replacement of existing sidewalks and barrier free ramps. New
sidewalks and ramps shall be installed to meet City of Wylie
requirements along with ADA and TDLR.
4. Replace / upgrade / add storm sewer system to carry the City
Design storm runoff.
5. Relocation of existing watermeter boxes which conflict with the
proposed roadway and drainage improvements.
6. Relocation of existing water lines (including services) and
sanitary sewer lines (including manholes and services) which
conflict with the proposed roadway and drainage improvements
will be performed as an Additional Service. Sanitary Services
shall be replaced to the R.O.W. line and include new clean-outs.
7. Work zone traffic control.
8. Construction Erosion Control Plans.
9. Post-Construction erosion control (sodding).
10. Preparation of right-of-way and/or easement documents as
described below.
11. Scale of plans to be : 1"=20' Horizontal; 1"=4' Vertical.
12. All work shall conform to the City of Wylie requirements.
13. All design work will be prepared in CAD, with electronic files in
AutoCAD format submitted to the City upon final record
drawings.
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14. Submittals to the City of work-in-progress shall be at 40%, 90%,
and 100% stages of completion. For each stage of review, three
(3) sets of drawings will be furnished to the City.
15. Standards and typical construction details of the City may be
referred to in the specifications and on the drawingrather than
p
re-draw the standard detail.
16. Special details that are not included as a standard by the City
shall be included in both plans and specifications.
17. Determine what other entities will need to review the plans before
construction can begin i.e. TDLR (Texas Department of
Licensing and Regulation), TCEQ (Texas Commission on
Environmental Quality, THC (Texas Historical Commission),
TxDOT, DART (Dallas Area Rapid Transit), FEMA, and any other
entities that might need to review these plans.
18. Assist the city in preparing applications/letters/plan sets to be
distributed to any entity for review purposes.
The Consultant shall perform the necessary engineering and related technical
services for the Design and Construction Phase Services, including necessary
Additional Services for development of this project according to the following
sections of this agreement.
II. TASK SUMMARY, BASIC SERVICES.
A. Task One, Preliminary Engineering Design —
1. Subtask 1 — Data Collection / Pre Design Meeting
a. Obtain pertinent utility plans, street plans, plats, right-of-way
maps, existing easement information, contour maps, and
other features within and pertaining to the project area from
the City of Wylie. The Consultant will also coordinate with
franchise utilities in the area and obtain record information
where available. Existing project conditions shall also be
documented using digital photography and/or video.
b. Meet with City of Wylie engineering staff to review project
requirements, design criteria, communication procedures,
project scheduling, personnel, and other pertinent matters
that may impact the project. Additional meetings will be
scheduled throughout the length of the project.
2. Subtask 2 — Field Surveying for Engineering Design
Consultant will prepare a topographic survey for remaining
portions of the proposed Right-of-Way for the purpose of
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preparing Engineering Construction Plans. . Surveying shall
include the following:
a. Establish horizontal and vertical control using City of Wylie
criteria.
b. Tie right-of-way lines and corners, property lines and
corners, , fence lines, and other visible surface features.
c. Topographic Information including cross sections of the
existing ground features as needed for design.
d. Horizontal and vertical location of existing facilities within
the project limits including existing paving, driveways,
sidewalks, buildings, mailboxes, landscaping, etc.
e. Tie existing visible franchise utilities and appurtenances,
and public utilities such as water valves, fire hydrants,
manholes, etc.
f. Tie underground utilities if exposed._Underground utility
locations provided by DIG-TESS locations along the
property. Consultant cannot guarantee DIG-TESS will
locate the utilities, but Consultant will make the request.
g. Existing contour lines at one foot intervals based on a 50'
grid system and tied to existing control points. Grid will
cover only the area on site. Limited off-site topography is
included in the Task.
Preparation of a formal ALTA/ACSM Land Title Survey is not
included in this task. Surveying fees do not include: (i) state
sales tax, (ii) locating underground utilities and utility lines by
way of digging or uncovering, (iii) extraneous revisions or
additions to the survey as requested by the City, (iv) city or
county fees or (v) special monuments requested by the City
or governing bodies.
3. Subtask 3 — Preliminary Engineering Design
Prepare preliminary engineering plans with a submittal at forty
percent (40%) completion. The preliminary engineering design
phase will include the following:
a. Prepare preliminary plans.
1. Establish preliminary horizontal and vertical alignments.
2. Locate utility crossing, and nearby utilities, and other
nearby improvements.
3. Establish preliminary construction easement/right-of-way
needs, if any.
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4. Establish preliminary locations for water and sewer lines, if
any.
5. Delineate drainage areas and make evaluations as to the
extent drainage facilities are required in conjunction with
the project.
6. Establish preliminary locations for drainage facilities.
b. Work with affected franchise utilities to obtain accurate
information for horizontal and vertical data of existing facilities
and identify those to be protected or relocated. This task will
also include the coordination and placement of these utilities
as they relate to the roadway layout. This task does not
include the design of any private utility infrastructure.
c. Coordinate with other governmental agencies, adjacent
developments, and individual property owners as necessary.
d. Prepare updated estimated construction quantities and
opinion of probable construction costs for forty percent (40%)
submittal. Present any potential alternatives, which may
provide cost savings to the City of Wylie.
e. Submit three (3) sets of preliminary plans and estimates to
the City of Wylie for review. Preliminary submittal will occur at
forty percent (40%) completion stage for distribution to
franchise utilities.
f. Meet with franchise utilities, if required, to communicate
project details.
g. Meet with the City of Wylie to discuss preliminary plans and
estimates at the scheduled intervals. Discuss preliminary
construction sequencing, traffic control, property access, and
construction storm water runoff issues.
h. Attend public meetings, if required, to communicate project
details to citizens, council members, or other interested
parties. City of Wylie shall provide meeting location and
notices.
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459432.v2
B. Task Two, Final Engineering Design —
1. Subtask 1 - Final Engineering Design
Incorporating comments from the City of Wylie, franchise
utilities, and other interested parties, prepare final engineering
plans and specifications with submittals at ninety percent
(90%) and one-hundred percent (100%) completion. The final
engineering design phase will include the following:
a. Revise and complete preliminary drawings.
b. Prepare traffic control and access plans.
c. Prepare storm water runoff erosion control plans.
Incorporate standard details into the plans and prepare
additional details as required.
d. Final engineering plan sheets shall meet the City of
Wylie standard criteria.
These documents will include the following items:
A. Cover sheet
B. General notes
C. Paving plans, profiles & City details - Consultant will show
spot elevations, contours, and a profile of the proposed
section of roadway as well as connection into the existing
roadways. We will also show dimensions of the proposed
roadway improvements as well as dimensions of the existing
roadway and right-of-way. The plans will also include
conduits for future electrical or irrigation crossings.
g g
D. Typical Pavement Sections and Construction Details —
Consultant will show detailed pavement sections to be
specified by project Geotechnical Engineer or standard City
roadway paving sections.
E. Grading Plan — Consultant will prepare a grading plan for any
offsite areas adjacent to the roadway. Structural design of
retaining walls is not included in this scope. If required,
structural design of retaining walls can be included in a
separate letter agreement in the future, once a scope of work
is determined.
F. Traffic Control Plan — Consultant will show temporary traffic
control to be implemented during construction of the roadway
improvements. Consultant will use standard TxDOT traffic
control details to prepare the Traffic Control Plan.
G. Proposed Drainage area map— Consultant will prepare a
drainage area map for the currently proposed site showing
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drainage patterns and off site discharges onto the roadway.
Consultant will provide drainage calculations per the
published City design criteria for the project. This task does
not include drainage or detention studies.
H. Storm sewer plan, profiles & City details — Consultant will
prepare a plan and profile view of the proposed storm sewer
and inlets, within the improved section of roadway (for pipes
18" in diameter and larger)
I. Erosion Control Plan — Consultant will prepare an Erosion
Control Plan for the project. On this plan, we will show
required erosion control measures to be installed prior to
disturbance of the site and to be maintained throughout site
construction.
J. Details — Consultant will prepare detail sheets showing
required details beyond those referenced in the City Standard
Construction Details document, as required.
Street light locations will be included in the plan set if provided
prior to final design by the City and/or Franchise Utility
Provider. The effort for this task does not include landscape,
irrigation, or electrical plans.
2. Subtask 2 -Project Manual
Prepare project manual including bidding requirements,
proposal, bid schedule, special conditions, and technical
specifications.
3. Subtask 3 - Final Submittals
Prepare updated estimated construction quantities and
opinion of probable construction costs and submit three (3)
sets of engineering plans and project manual, along with
revised estimates to the City of Wylie for review. Because the
Consultant does not control the cost of labor, materials,
equipment or services furnished by others, methods of
determining prices, or competitive bidding or market
conditions, any opinions rendered as to costs, including but
not limited to opinions as to the costs of construction and
materials, shall be made on the basis of its experience and
represent its judgment as an experienced and qualified
professional, familiar with the industry.rY. The Consultant
cannot and does not guarantee that proposals, bids or actual
costs will not vary from its opinions of cost.
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459432,v2
a. Submittals will occur at ninety percent (90%) and one
hundred percent (100%) completion stages.
b. Upon final review of one-hundred percent (100%)
plans, supply three (3) sets of plans (hardcopy) to the
City of Wylie.
4. Subtask 4 — Storm Water Pollution Prevention Plan
Consultant will prepare a SWPPP in accordance with EPA
and Texas Commission on Environmental Quality (TCEQ)
requirements in order for the operator and contractor to obtain
coverage under the general permit for sites in excess of one
(1) acre as it relates to the Phase 1 construction.
Consultant will also prepare a TCEQ Notice of Intent (NOI)
and Construction Site Notice (TXR150000) when requested
by the City. It is assumed that the City/contractor will file other
necessary paperwork with TCEQ or other jurisdiction. Note
that Consultant is not responsible for any inspections of the
SWPPP implementation.
Consultant will deliver three hard copies of the final prepared
SWPPP to the City.
C. Task Three, Bidding 1 Construction Phase
1. Subtask 1 - Final Printing
Coordinate final printing of construction plans and project
manual for distribution to proposed bidders. The Consultant
will recoup cost of bid sets by non-refundable fee from
proposed bidders. All plans, project manuals, and other
related bidding documents will be distributed from the office of
the Consultant.
2. Subtask 2 - Bidding Process
Assist the City of Wylie with the bidding process as follows:
a. Provide bidding documents to approved Plan Rooms.
b. Advertising for Bids.
c. Attend pre-bid conference if required by the City of Wylie.
Task assumes up to 3 bid meetings.
d. Address questions from the proposed bidders during the
bidding process and issue addenda as necessary.
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e. Prepare tabulation sheet for the bid opening and assist the
City of Wylie in securing, opening, tabulating, and
analyzing bids received.
f. Prepare final bid tabulations based upon the bids received
and furnish electronic bid tabulation sheet along with
recommendations on the award of the contract to the
lowest qualified bidder. Recommendations will be based
upon the following criteria:
1. Past work history.
2. Financial resources.
3. Physical resources to complete the project.
g. Prepare formal contract documents for execution between
the Contractor and the City of Wylie.
This task is budgeted for 35 hours of effort. If additional effort
is required, this effort will be billed on an hourly basis in
addition to the amount provided above after approval and
consultation with the City.
3. Subtask 3 — Construction Administration
a. Construction Plans - Furnish twelve (12) sets of final plans
for construction for use by the City of Wylie and the
Contractor.
b. Pre-Construction Conference — Meet with the City of
Wylie, the Contractor, and other interested parties to
discuss the construction of the project, including project
requirements, communication procedures, project
scheduling, personnel, laboratory testing requirements,
field inspection, construction staking, pay requests, and
other pertinent matters that may impact the project.
c. Construction Observation — Perform periodic site visits to
as directed by the City to determine the overall progress of
construction and conformance with plans and
specifications and attend monthly progress meetings if
needed. The Consultant shall have no responsibility for
any contractor's means, methods, techniques, equipment
choice and usage, sequence, schedule, safety programs,
or safety practices, nor shall Consultant have any authority
or responsibility to stop or direct the work of any
contractor. The Consultant's visits will be for the purpose
of endeavoring to provide the City a greater degree of
confidence that the completed work of its contractors will
{ generally conform to the construction documents prepared
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by the Consultant. Consultant neither guarantees the
performance of contractors, nor assumes responsibility for
any contractor's failure to perform its work in accordance
with the contract documents. The Consultant is not
responsible for any duties assigned to the design
professional in the construction contract that are not
expressly provided for in this Agreement. The City agrees
that each contract with any contractor shall state that the
contractor shall be solely responsible for job site safety
and for its means and methods; that the contractor shall
indemnify the City and the Consultant for all claims and
liability arising out of job site accidents; and that the City
and the Consultant shall be made additional insureds
under the contractor's general liability insurance policy.
d. Consultant Clarifications and Interpretations. Consultant
will respond to reasonable and appropriate Contractor
requests for information and issue necessary clarifications
and interpretations of the Construction Documents to City
as appropriate to the orderly completion of Contractor's
work. Any orders authorizing variations from the Contract
Documents will be made by City.
e. Shop Drawings and Samples. Consultant will review and
approve or take other appropriate action in respect to
Shop Drawings and Samples and other data which
Contractor is required to submit, but only for conformance
with the information given in the Contract Documents.
Such review and approvals or other action will not extend
to means, methods, techniques, equipment choice and
usage, sequences, schedules, or procedures of
construction or to related safety precautions and
programs.
f. Substitutes and "or-equal." Evaluate and determine the
acceptability of substitute or "or-equal" materials and
equipment proposed by Contractor in accordance with the
Contract Documents, but subject to the provisions of
applicable standards of state or local government entities.
g. Inspections and Tests. Consultant may require special
inspections or tests of Contractor's work as Consultant
deems appropriate, and may receive and review
certificates of inspections within Consultant's area of
responsibility or of tests and approvals required by laws
and regulations or the Contract Documents. Consultant's
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459432.v2
review of such certificates will be for the purpose of
determining that the results certified indicate compliance
with the Construction Documents and will not constitute an
independent evaluation that the content or procedures of
such inspections, tests, or approvals comply with the
requirements of the Contract Documents. Consultant shall
be entitled to rely on the results of such tests and the facts
being certified.
h. Disagreements between City and Contractor Consultant
will, if requested by City, render written decision on all
claims of City and Contractor relating to the acceptability
of Contractor's work or the interpretation of the
requirements of the Contract Documents pertaining to the
progress of Contractor's work, at no additional cost to City.
City.
i. Applications for Payment. Based on its observations and
on review of applications for payment and accompanying
supporting documentation, Consultant will determine the
amounts that Consultant recommends Contractor be paid.
Such recommendations of payment will be in writing and
will constitute Consultant's representation to City, based
on such observations and review, that, to the best of
Consultant's knowledge, information and belief,
Contractor's work has progressed to the point indicated
and that such work-in-progress is generally in accordance
with the Contract Documents subject to any qualifications
stated in the recommendation. In the case of unit price
work, Consultant's recommendations of payment will
include determinations of quantities and classifications of
Contractor's work, based on observations and
measurements of quantities provided with pay requests.
j. By recommending any payment, Consultant shall not
thereby be deemed to have represented that its
observations to check Contractor's work have been
exhaustive, extended to every aspect of Contractor's work
in progress, or involved detailed inspections of the Work
beyond the responsibilities specifically assigned to
Consultant in this Agreement. It will also not impose
responsibility on Consultant to make any examination to
ascertain how or for what purposes Contractor has used
the moneys paid on account of the Contract Price, nor to
determine that title to any portion of the work in progress,
materials, or equipment has passed to City free and clear
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459432.v2
of any liens, claims, security interests, or encumbrances,
nor that there may not be other matters at issue between
City and Contractor that might affect the amount that
should be paid.
k. Substantial Completion. Consultant will, promptly after
notice from Contractor that it considers the entire Work
ready for its intended use, in company with City and
Contractor, conduct a site visit to determine if the Work is
substantially complete. Work will be considered
substantially complete following satisfactory completion of
all items with the exception of those identified on a final
punch list. If after considering any objections of City,
Consultant considers the Work substantially complete;
Consultant will notify City and Contractor.
I. Final Notice of Acceptability of the Work. Consultant will
conduct a final site visit to determine if the completed
Work of Contractor is generally in accordance with the
Contract Documents and the final punch list so that
Consultant may recommend, in writing, final payment to
Contractor. Accompanying the recommendation for final
payment, Consultant shall also provide a notice that the
Work is generally in accordance with the Contract
Documents to the best of Consultant's knowledge,
information, and belief based on the extent of its services
and based upon information provided to Consultant upon
which it is entitled to rely. A final determination of
completion may only be made by the City.
m. Limitation of Responsibilities. Consultant shall not be
responsible for the acts or omissions of any Contractor, or
of any of their subcontractors, suppliers, or of any other
individual or entity performing or furnishing the Work.
Consultant shall not have the authority or responsibility to
stop the work of any Contractor.
D. Task Four, Completion of Record Documents
1. Record Drawings — Prepare record drawings utilizing City of
Wylie and Contractor as-built information, including one (1) set
22" X 34" Mylar record drawings and one electronic copy of all
construction plan sheets in AutoCAD and Tiff Image formats.
This task assumes minor changes to the plans-significant
changes to plans may require additional fee.
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459432.v2
E. Task Five, TDLR Notice of Substantial Compliance
11I. TASK SUMMARY, SPECIAL SERVICES.
A. Task One, Geotechnical Investigation for Design
Through a subconsultant (Reed Engineering Group, Ltd.),
Consultant will provide geotechnical services for the project site.
Borings will be taken in 8 locations. Two at termination depth of
40-feet will be taken around the footprint of the proposed bridge
and five at termination depths of 10' will be taken within proposed
paved parking areas. Field and Laboratory test results will be
provided in a report to be delivered to the City. The report will
contain pavement section recommendations. In addition, a slope
stability analysis of embankments will be provided for the portion
of the roadway that is anticipated to have 10 to 15-feet of fill.
B. Task Two, Right-of-Way 1 Easement Documents
1. Consultant will prepare right-of-way (ROW) documents for the
dedication of Woodbridge Parkway adjacent to the Wayne Rich,
Timothy R. Johnson, Ben Sholz, and Wylie 1.S.D. tracts.
CONSULTANT will submit 3 copies of the documents to the
City of Wylie at the sixty-five percent (65%) plan submittal.
Consultant anticipates preparation of the following five (5)
documents:
• ROW to be dedicated by landowner Wayne Rich;
• ROW to be dedicated by landowner Timothy R. Johnson;
• ROW to be abandoned by Timothy R. Johnson;
• ROW to be dedicated by landowner Ben Sholz; and
• ROW to be dedicated by landowner Wylie I.S.D.
The exhibits and legals will be prepared in accordance with the
current published City of Wylie criteria in effect on the date of this
Agreement. Consultant will submit the documents to the City for
review. It is our understanding the City will coordinate with
existing landowners to obtain approval/signatures of the separate
instruments. The effort for this task assumes one (1) set of
revisions to the documents per City comments. If requested by
the City, Consultant will coordinate the filing of the separate
instrument documents with Collin County. Tax certificate,
application and recording fees, if applicable, are not included in
this scope of services and shall be paid by the City.
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2. Consultant will prepare easement exhibits and legal
descriptions for offsite areas adjacent to the property requiring
separate instrument easements. This task includes one round
of easement revisions requested by the City and/or City.
Consultant will submit 3 copies of the documents to the City of
Wylie at the sixty-five percent (65%) plan submittal.
Consultant anticipates the following separate instrument
easements:
• One (1) Separate Instrument Temporary Grading
Easement on Wayne Rich's property.
Actual fees for this task will be based on the number of
easements required (as requested by the City or as necessary to
successfully complete the tasks). The above referenced fee
does not include any effort for easement document preparation,
execution and processing. Should this project require any
additional easements not identified at this time, CONSULTANT
can prepare such easements as an Additional Service.
IV. ITEMS NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES.
A. Additional Services not included in the existing Scope of
Services — City and Consultant agree that the following services are
beyond the Scope of Services described in the tasks above. However,
Consultant can provide these services, if needed, upon the City's written
request. Any additional amounts paid to the Consultant as a result of
any material change to the Scope of the Project shall be agreed upon in
writing by both parties before the services are performed. These
Additional Services include the following:
1. Computer modeling and routing of water flows;
2. Final Plat;
3. Environmental assessment or remediation;
4. Fees for permits and bid advertising;
5. Traffic engineering reports or studies;
6. Traffic Signals;
7. Floodplain reclamation plans or floodplain analysis;
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8. Landscape Design;
9. Construction Inspection;
10.Designs for Trench Safety;
11.Consulting services by others not included in proposal;
12.Quality control and testing services during construction;
13.Alternate additions not included in the original scope;
14.Improvements outside the project limits, including but not limited
to offsite drainage or utilities.
15.Provide Right-of-Way staking on an as needed basis for
franchise utility relocation purposes (one-time per location).
16.Relocation of existing water lines (including services) and
sanitary sewer lines (including manholes and services) which
conflict with the proposed roadway and drainage improvements.
Sanitary Services shall be replaced to the R.O.W. line and
include new clean-outs.
V. DELIVERABLES.
A. Required Deliverables — At the completion of Tasks 1 through 5,
Consultant shall ensure the delivery of the following products to the City:
1. Three (3) sets of preliminary plans and estimates for review.
2. Two (2) copies of the geotechnical engineering report.
3. Three (3) copies of right-of-way acquisition documents.
4. Three (3) sets of final plans and estimates for review.
5. Two (2) sets of construction contract documents, including
technical specifications and proposals.
6. Twelve (12) sets of final plans for construction.
7. One (1) set of reproducible record drawings, including an
electronic copy of all construction plan sheets.
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EXHIBIT "B"
COMPENSATION SCHEDULE 1 PROJECT BILLING I PROJECT BUDGET
Agreement by and between the City of Wylie (City)
and Kimley-Horn and Associates, Inc. (Consultant)
to perform Professional Engineering Services for Woodbridge Parkway
Reconstruction from Hensley Lane to the Maxwell Creek Bridge.
I. COMPENSATION SCHEDULE 1 PROJECT BILLING SUMMARY.
MONTH, DATE, YEAR DOLLAR AMOUNT TASK COMPLETED
j -- City executes Agreement and
Issues Notice to Proceed to
Consultant; City delivers a copy of
fully executed Agreement to
Consultant.
-- Consultant's receipt of fully
executed Agreement;
commencement of time for the
assessment of Liquidated
Damages.
$ 34,737.60 Task One, Preliminary
Engineering Design (Task
Completed and all task-related
deliverables completed as required
by this Agreement and accepted by
the City).
$ 70,000.00 Task Two, Final Engineering
Design (Task Completed and all
task-related deliverables completed
as required by this Agreement and
accepted by the City).
$ 9,500.00 Task Three, Bidding 1
Construction Phase (Task
Completed and all task-related
deliverables completed as required
by this Agreement and accepted by
the City).
-- $ 6012.50 Completion of Tasks. (Tasks
(Final 5% of Consultant's Completed and deliverables
Fee) completed as required by this
Agreement and accepted by the
City; to be completed no later than
August 31, 2012 (Match with Article
1.3)).
TOTAL CONSULTANT'S $ 120,250
FEE(LUMP SUM-NOT-TO-
.. EXCEED)
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II. PROJECT BUDGET SUMMARY.
A. Basic Services.
1. Description of Basic Services.
a. Topographic Survey $ 10,000.00
b. Right of Way Documents $ 7,500.00
($1,500 each)
c. Easements $ 750.00
($750 each)
d. Geotechnical Report $ 8,000.00
e. Civil Engineering Plans $ 70,000.00
f. Storm Water Pollution Prevention Plan $ 3,000.00
g. Franchise Utility Coordination $ 2,500.00
h. Project Meetings/Coordination/Submittals $ 6,000.00
i. Bid Phase Services $ 5,000.00
j. Construction Phase Services $ 4,500.00
k. Record Drawings $ 3,000.00
Total Basic Services (Lump Sum-Not-To-Exceed) $ 120,250.00
•
C. Direct Expenses.
Description of Direct Expenses for the Tasks described are included in the Basic
Service Fees listed above. An amount of 4% will be added to each invoice to cover
certain other expenses such as in-house duplicating, local mileage, telephone calls,
facsimiles, postage, and word processing. This does not include commercial
reprographics.
a. Mileage Reimbursement. $ 0,000.00
b. Commercial Reproduction. $ 0,000.00
c. In-House Reproduction. $ 0,000.00
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459432.v2
d. Commercial Plotting. $ 0,000.00
e. In-House Plotting. $ 0,000.00
f. Communications. $ 0,000.00
g. Postage, Mail, and Delivery Service. $ 0,000.00
Total Direct Expenses (Not-To-Exceed) $ 4,810.00
I. General andlor Administrative Markup. (If this Section is Applicable to
Contract)
a. Description of Markup. $ 0,000.00
b. Total Approved Markup (Not-To-Exceed) $ 0,000.00
J. Travel and/or Subsistence Expenses. (If this Section is Applicable to
Contract)
1. Description of Travel Expenses. $ 00,000.00
2. Description of Subsistence Expenses. $ 0,000.00
3. Total Approved Travel and Subsistence Expenses $ 00,000.00
(Not-To-Exceed)
F. Project Budget, Grand Total (Not-To-Exceed) $ 125,060.00
{
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EXHIBIT "C"
CITY OF WYLIE METHODOLOGY FOR SURVEYING AND BENCHMARKING
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EXHIBIT "D"
CITY OF WYLIE
GUIDELINES FOR COMPUTER AIDED DRAFTING AND DESIGN (CADD)
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459432,vl
EXHIBIT "E"
CITY OF WYLIE GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
I. CONSULTANT'S RESPONSIBILITY. The Consultant shall be solely responsible
for the auditing of all direct expense, approved markup (general and/or
administrative), and approved travel and/or subsistence charges, including those to
be included under a sub-contract, prior to the City for reimbursement, and
Consultant shall be responsible for the accuracy thereof. Any overpayment by the
City for errors in submittals for reimbursement may be deducted from the
Consultant's subsequent payment(s) for services; however, this shall not be the
City's sole and exclusive remedy for said overpayment.
ll. 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,
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the date, time, description, the approved standard rate, and a justification for
each submitted expense for reimbursement. Consultant agrees to place these
standards in all subcontracts for work on the Project.
E. Commercial Plotting — City shall reimburse the actual cost of plots, specifically
limited to final documents, provided the Consultant has duly obtained at least
three (3) quotations from commercial firms and has chosen the best value for the
City. Consultant shall provide such documentation to City for review prior to
submitting these expenses for reimbursement. Consultant agrees to place these
standards in all subcontracts for work on the Project.
F. In-House Plotting — Consultant shall make arrangements with City for prior
written approval of in-house plotting rates prior to submitting these charges for
reimbursement. City shall provide Consultant with a standard format for
documenting these charges. Completion of the City's reproduction log is
required as a prerequisite for payment, including the number of plots, the date,
time, description, the approved standard rate, and a justification for each
submitted charge for reimbursement.
G. Communications — Reimbursement for expenses relating to electronic
communications shall be limited to long-distance telephone or fax toll charges
specifically required in the discharge of professional responsibilities related to the
Project. Telephone service charges including office or cellular phones, WATTS,
or Metro line services or similar charges are not reimbursable.
H. Postage, Mail, and Delivery Service — City shall reimburse the actual cost of
postage and delivery of Instruments of Service, provided the Consultant duly
considers all circumstances (including available time for assured delivery) of the
required delivery and selects the best value for the City, which may require
comparison of delivery costs offered by three (3) or more sources or methods of
delivery, which at a minimum shall include U.S. Mail. Courier service is
acceptable only in circumstances requiring deadline-sensitive deliveries and not
for the convenience of the Consultant and/or the Consultant's employees.
Consultant agrees to place these standards in all subcontracts for work on the
Project.
I. Meals and Other Related Charges — Meals or any other related expenses are
not reimbursable unless incurred outside a fifty (50) mile radius of the Project,
and then only reimbursable for the actual cost subject to compliance with the
City's currently adopted policy. Non-allowable costs include, but are not limited
to, charges for entertainment, alcoholic beverages, and gratuities.
City of Wylie—Consultant Services Agreement Page 40
459432.v2
III. GUIDELINES FOR GENERAL AND ADMINISTRATIVE MARKUP.
1. Requirement of Prior Approval — Consultant may be allowed to charge a
General and/or Administrative Markup on work completed if Consultant can
clearly define to City specifically what costs are included in the markup
calculation. To apply General and/or Administrative Markup, Consultant must
also document to City what costs would be considered direct costs. City shall
issue approval in writing to allow Consultant to charge General and/or
Administrative Markup. City reserves the right to reject any and all requests for
General and/or Administrative Markup.
IV. GUIDELINES FOR TRAVEL AND SUBSISTENCE EXPENSES.
1. Requirement of Prior Approval — City shall reimburse the actual cost of travel
and/or subsistence expenses upon prior written approval by the City's Project
Manager.
2. Adherence to Currently Adopted City Travel Policy — Reimbursements shall
be governed by the same travel policies provided for City employees according
to current adopted policy. Prior to the event, Consultant shall request, and the
City's Project Manager shall provide the provisions and the restrictions that apply
to out-of-town reimbursements.
City of Wylie—Consultant Services Agreement Page 41
459432,v2
EXHIBIT "F"
CITY OF WYLIE CONTRACTOR INSURANCE GUIDELINES
I. Requirement of Insurance —
A. Such policy shall name the City, its officers, agents, representatives, and
employees as additional insured as to all applicable coverage with the exception
of workers compensation insurance.
A. Such policy shall require the provision of written notice to City at least thirty (30)
days prior to cancellation, non-renewal, or material modification of any policies,
evidenced by return receipt or United States Certified Mail.
B. Such policy shall provide for a waiver of subrogation against the City for injuries,
including death, property damage, or any other loss to the extent the same is
covered by the proceeds of the insurance.
II. Insurance Company Qualification — All insurance companies providing the
required insurance shall be authorized to transact business in the State of Texas,
and shall have a minimum rating of "A" by A.M. Best's Key Rating Guide, or other
equivalent rating service(s).
III, Certificate of Insurance — A Certificate of Insurance evidencing the required
insurance shall be submitted with the contractor's bid or response to proposal. If the
contract is renewed or extended by the City a Certificate of Insurance shall also be
provided to the City prior to the date the contract is renewed or extended.
City of Wylie—Consultant Services Agreement Page 42
459432.v1
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;
3. XCU Coverage • Minimum $ 1,000,000.00 per
occurrence;
■ Minimum $ 2,000,000.00
aggregate.
X 4. Professional Liability • Minimum $ 1,000,000.00 each
occurrence;
■ Minimum $ 2,000,000.00 in the
aggregate.
X 5. Umbrella Coverage or • An amount of $ 2,000,000.00.
Excess Liability Coverage
6. City named as additional insured on General Liability Policy. This
coverage is primary to all other coverage the City may possess.
X 7. City provided with Waiver of Subrogation on Worker's Compensation
Insurance.
X 8. Thirty (30) days notice of cancellation, non-renewal, or material change
required. The words "endeavor to" and "but failure" (to end of sentence)
are to be eliminated from the Notice of Cancellation provision on standard
ACORD certificates.
X 9. Insurance company has a minimum rating of "A" by A.M. Best's Key
Rating Guide, or other equivalent rating service(s).
X 10. The Policy and Certificate of Insurance both must state the project title
and bid number.
11. Other Insurance Requirements (State Below):
City of Wylie—Consultant Services Agreement Page 43
459432.v2
EXHIBIT "G"
AFFIDAVIT
THE STATE OF TEXAS §
THE COUNTY OF COLLIN §
I, Ronny Klingbeil, 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:
X 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 , 2012.
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
2012.
Notary Public in and for the State of Texas
My commission expires:
City of Wylie—Consultant Services Agreement Page 44
459432.v1
EXHIBIT "H"
CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ
CONFLICT OF INTEREST QUESTIONNAIRE FORM MI
For vendor or other person doing business with local governmental entity
-
This questionnaire is being filed in accordance with chapter'l76 of the Local OFFICE[1SECJNLY
Government Code by a person doing business with the governmental entity. Date Received
By law this questionnaire must be filed with the records administrator of the
local government not later than the 7th business day after the date the person
becomes aware of facts that require the statement to be filed_ See Section
176.006,Local Government Code.
A person commits an offense if the person violates Section 176,006, Local
Government Code,An offense under this section is a Class C misdemeanor.
J Name of person doing business with local governmental entity.
J
I I Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than
September 1 of the year for which an activity described in Section 176.006(a),Local Government Code,is pending and
•
not later than the 7th business day atter the date the originally fled questionnaire becomes incomplete or inaccurate.)
• Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes
recommendations to a local government officer of the local governmental entity with respect to expenditure of money.
1
•
•
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,
•
•
Amended tl£i13t2CO
City of Wylie—Consultant Services Agreement Page 45
459432.v2
EXHIBIT "H"
CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity Page 2
J Name of local government officer with whom filer has affllitation or business relationship. (Complete this section only if the
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 filer 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 filer of the
• questionnaire?
Yes n 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?
LiYes nNo •
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?
n Yes No
•
D. Describe each affiliation or business relationship.
J Describe any other affiliation or business relationship that might cause a conflict of interest.
•
•
Signature of person doing business with the governmental entity Dale
•
•
Amended 0l,73t200d
•
City of Wylie—Consultant Services Agreement Page 46
459432,v2
CONCEPTUAL OPINION OF PROBABLE CONSTRUCTION COSTS
Project: North Woodbridge Parkway from Hensley Road south Acreage: 5.5
to proposed bridge over Maxwell Creek.
2-25'B-B Section transitioning to 1-49'B-B section
Wylie,Texas
Job Number: 063564113
Client: City of Wylie
File: North WBPkwy 2-25°B-B_20111007.xls
Prepared By: Ashley Frysinger,P.E.
Date: 10/7/2011
EXCAVATION
DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST -
Clearing,Grubbing/Stripping 5.50 AC. $ 900.00 $ 4,950.00
Earthwork(Excavation/import&Recompaction)**See Note 14 below 60,000 C.Y. $ 5.00 $ 300,000.00
V-Ditch(out fall to existing creek) 200 L.F. $ 30.00 $ 6,000.00
Tree Removal 1 L.S. $ 40,000.00 $ 40,000.00
$ 350,950.00
EROSION CONTROL
DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST
Silt Fence 4,800 L.F. $ 1.50 $ 7,200.00
Inlet Protection 10 EA. $ 250.00 $ 2,500.00
Construction Entrance 1 EA. $ 1,600.00 $ 1,600.00
Rock Check Dams 1 EA. $ 1,000.00 $ 1,000.00
Seed After Construction(Median and Parkway) 4.00 AC. , $ 350.00 $ 1,400.00
$ 13,700.00
STORM D- NAGE
DESCRIPTION QUANTITY UNIT COST I UNIT TOTAL COST
21"RCP(Class III) 200 L.F. $ 38.00 $ 7,600.00
24"RCP(Class III) 250 L.F. $ 42.00 $ 10,500.00
48"RCP(Class III) 650 L.F. $ 115.00 $ 74,750.00
54"RCP(Class III) 200 L.F. $ 125.00 $ 25,000.00
6'x4'RCB 450 L.F. $ 400.00 $ 180,000.00
2-4°x4'RCB 400 L.F. $ 550.00 $ 220,000.00
2-5)(4°RCB 850 L.F. $ 750.00 $ 637,500.00
12'Recessed Curb Inlet 10 EA. $ 3,000.00 $ 30,000.00
8°x5'Junction Box 1 EA. $ 7,000.00 $ 7,000.00
10°X5'Junction Box 1 EA. $ 8,500.00 $ 8,500.00
14'x5'Junction Box 1 EA. $ 10,000.00 $ 10,000.00
2-5°x4'Culvert Wingwall 2 EA. $ 8,000.00 $ 16,000.00
Filter Fabric 250 S.Y. $ 2.00 $ 500.00
Grouted Rock Rip Rap(mean stone dia.= 12") 250 S.Y. $ 75.00 $ 18,750.00
Trench Safety 1 L.S. $ 1,500.00 $ 1,500.00
$ 1,247,600.00
PAVING -100'R.O.W.—2,200 L.F. &2,500 L.F. (2-25'B-B Section transitioning to 1-49'B-B)
DESCRIPTION QUANTITY UNIT COST!UNIT TOTAL COST
Subgrade Preparation 14,410 S.Y. $ 3.00 $ 43,230.00
Lime (3610/S.Y.) 259 TON $ 110.00 $ 28,531.80
Reinf.Conc. Pavement(8"-4000 PSI) 13,100 S.Y. $ 32.00 $ 419,200.00
Connection to Exist. Pavement 2 EA. $ 1,000.00 $ 2,000.00
4"Round White Non-Reflective Buttons 40 EA. $ 400.00 $ 16,000.00
Striping and Pavement Markings 1 L.S. _$ 10,000.00 $ 10,000.00
Landscape Maintenance Ramp(per City detail) 4 EA. $ 600.00 $ 2,400.00
Median Paving Stone(per City detail) 550 S.F. $ 12.00 $ 6,600.00
Street Signs 15 EA. $ 450.00 $ 6,750.00
8'Curlex Mat(along both sides of roadway) 4,800 L.F. $ 1.50 $ 7,200.00
Traffic Control Plan 1 L.S. $ 5,000.00 $ 5,000.00
$ 546,911.80
KADAL_Covdt635641134AdmontOPC's‘Woodbndge Pkwy.-north of bridgelidorth WE3Pkwy_2-25°B-B_20111097 xis 10;7.701,
MISCELLANEOUS ITEMS
DESCRIPTION QUANTITY UNIT COST!UNIT TOTAL COST
Right-Of-Way Acquisition(approx. 1,100 LF along Wayne Rich's property) 1 L.S. $ 187,500.00 $ 187,500.00
Materials Testing 1 L.S. $ 60,000.00 $ 60,000.00
SWPPP Inspection/TCEQ NOI&NOT 1 L.S. $ 30,000.00 $ 30,000.00
Franchise Utility Relocation 1 EA. $ 50,000.00 $ 50,000.00
$ 327,500.00
SUMMARY OF PROJECT COSTS
DESCRIPTION QUANTITY UNIT COST!UNIT TOTAL COST
Excavation $ 350,950.00
Erosion Control $ 13,700.00
Storm Drainage $ 1,247,600.00
Paving-100'R.O.W. $ 546,911.80
Miscellaneous Items $ 327,500.00
Engineering,Surveying,&Constr Ph Services(Assume 15%Constr.Costs) $ 323,874.27
Contingencies(Assume 20%of Constr.Costs) $ 497,332.36
City Inspection Fees(3%) $ 64,774.85
GRAND TOTAL $ 3,372,643
Assumptions:
1. This Opinion of Probable Cost(OPC)is based on a preliminary alignment of Woodbridge Parkway from Hensley
Road to the proposed bridge.The plans have not been prepared or approved by the City of Wylie.
2. This OPC is based on current opinion of pricing. Inflation is not accounted for.
3. This OPC is not intended to serve as a comprehensive and complete analysis of development and construction costs.
4. Any items not specifically noted in this OPC shall be added by the Client.
5. This OPC does not reflect franchise utilities(gas,electric,telephone,cable).
6. This OPC assumes that relocation cost of any existing utility lines on or adjacent to the site shall be added by the Client.
7. Line sizes are preliminary and subject to approval by the City of Wylie.
8. Drainage,utility,grading and construction easements/agreements may be required to develop this site.
9.This OPC assumes that no rock or similar material will be encountered during construction.
10.Construction management fee is not included.
11.The contractor will be required to pay Maintenance,Payment,and Performance Bonds(2.5%of Constr.Costs)after all
City improvements have been accepted by the City.
12.This OPC does not account for irrigation and final landscaping.
13.This OPC assumes there will be no barricade provided at the limits of constuction.
14.An earthworks analysis has not been performed for this proposed roadway. The earthwork quantity provided dirt
quantities above is an estimate per the preliminary paving profile. Please note per the preliminary paving profile,the
road is in fill and the area will not balance.
15.This OPC assumes water and sanitary sewer lines will not extend south of Hensley Road and are not included.
16.This OPC assumes the roadway drainage is collecting storm water within the 100'R.O.W.and approximately 50'to 200'
on either side of the R.O.W.
17.This OPC assumes storm water draining east from the Johnson and Herzog Tracts is being picked up in the future Woodbridge
Parkway storm drainage system north of Hensley Road and then being conveyed into this storm drainage system.
18. This OPC assumes the relocation of any existing utility lines on or adjacent to the site will not be more than$50,000.
19. This OPC assumes right-of-way acquisition is required.The cost noted above is based on the City of Wylie's past experience.
20. Construction materials testing and SWPPP inspection fees are based on the City's past experience with similar projects.
21. This OPC assumes offsite drainage areas OS-6 and OS-7 (per the Woodbridge Parkway plans prepared by KHA)are
picked up in a storm system within the west(south bound)lanes.
22. This OPC does not include the cost associated with the installation of street lights.
23. The contractor will be required to pay Maintenance,Payment,and Performance Bonds(%of Construction)after all
city improvements have been accepted by the city.
Notes:
Review all notes and assumptions. Kimley-Horn&Associates,Inc.has not prepared fully engineered construction
drawings for this site;therefore,the final quantities are subject to change. Additionally,the final land plan could
change significantly through the"platting"process. These OPC's are not intended for basing financial decisions,or
securing funding.
Since Kimley-Horn&Associates,Inc.has no control over the cost of labor,materials,equipment,or services furnished
by others,or over methods of determining price,or over competitive bidding or market conditions,any and all opinions
as to the cost herein,including but not limited to opinions as to the costs of construction materials,shall be made on
the basis of experience and best available data.Kimley-Horn&Associates,Inc.cannot and does not guarantee that
proposals,bids,or actual costs will not vary from the opinions on costs shown herein. The total costs and other
numbers in this Opinion of Probable Cost have not been rounded.This practice of not rounding Is not intended to
reflect or imply a level of certainty with respect to accuracy of the amount.
KADAL_Civil‘63564113kAdmin1013CV,Woodbrodge Pkwy-north of bridgekNorth WBPkwy_2-25*B-B_20111007.xls 10.M2a11,
0 i',
Woodbridge Parkway at SH 78
Crossing $ 357,749.37 $ - $ - $ 357,749.37 $ 357,749.37 $ - $ -
KCS Grade Crossing Warning Devices $ 399,492.88 $ - $ - $ 399,492.88 $ 399,492.88 $ - $ -
KCS Concrete Crossing&Subgrade
preparation $ 185,013.00 $ - $ - $ 185,013.00 $ 185,013.00 $ - $ -
Woodbridge Parkway Phase 1 $ 931,762.88 $ - $ - $ 931,762.88 $ 931,762.88 $ - $ -
Woodbridge Parkway Phase 2 $ 1,246,710.92 $ - $ - $ 1,246,710.92 $ - $ - $ 1,246,710.92
BRIDGE(Original 2003 Bond Project)-
Woodbridge Parkway-Maxwell
Creek Bridge Construction Costs $ 1,020,977.00 $ 1,020,977.00
BRIDGE(Original 2003 Bond Project)-
Woodbridge Parkway-Maxwell
Creek Bridge Soft Costs $ 972,660.00 $ 603,340.00 $ - $ 552,784.25 $ - $ 351,750.00 $ 485,762.75 $ 620,910.00
North Woodbridge Parkway from
Hensley Road south to proposed
bridge over Maxwell Creek $ 3,372,643.00 $ 3,372,643.00 $ - $ - $ - $ 3,372,643.00
TOTAL: $ 8,487,009.05 $ 3,975,983.00 $ - $ 3,673,513.30 $ 1,874,018.13 $ 351,750.00 $ 485,762.75 $ 6,261,240.92
Proposed utilizing dedicated 2003
and 2007 Bond Discretionary Funds $ 8,487,009.05 $ 2,289,661.50 $ 2,113,148.78 $ 4,084,198.78 $ 8,487,009.05
AI-35049
4. d. 1.
Commissioners Court
Meeting Date: 05/07/2012
Restated Interlocal Agreement between Sacshe,Wylie and Collin County for improvements to Woodbridge Parkway from SH 78 to Hensley-
#03-072
Submitted By: Tracy Homfeld
Department: Engineering
Request Type: CONSENT Agenda Area: Agreement
Information
Department Action
Approval of the Interlocal Agreement between Sacshe,Wylie and Collin County for improvements to Woodbridge Parkway from SH 78 to Hensley
Lane; Bond Project#03-072
Purchasing Department Action
Commissioners'Court consideration and any action regarding approval of the Restated Interlocal Agreement between Collin County,the City of
Sachse and the City of Wylie Concerning the Construction of Woodbridge Parkway from SH 78 to Hensley Lane Improvements, Bond Project
#03-072;further authorize the County Judge to execute same. and
Funds for shall not exceed$1,351,750.00 for this ILA.
Human Resources Action(Personnel Issues)
Budget Department Action
Budgeted funds available per BA on fiscal impact tab, bond project 03-072.
Auditor's Office Action
Bond funds are available.
Commissioners Court
Restated Interlocal Agreement with the City of Sachse and the City of Wylie for the construction of improvements to Woodbridge Parkway from SH
78 to Hensley Lane(Bond Project No.03-072),budget amendment in the amount of$782,500(County participation NTE$1,351,750)and further
authorize the County Judge to finalize and execute same, Engineering.
Budget Information
Information about available funds
Budgeted:3 Funds Available:3 Adjustment: Amount Available: $1,134,250.00
Unbudgeted: Funds NOT Available: Amendment:
Account Code(s)for Available Funds
1: 426-7530-680.92-80/03-072
2: 423-7530-680.88-01 /03-072
3: 421-7530-680.88-01 /03-072
4: 427-7530-680.88-01 /03-072
Fund Transfers
Remarks:
FY 2012 BUDGET ADJUSTMENT TOTALING$782,500
Trans Amt: $311,629 From: 423-7530-680.88-01 /07-00-00 To:423-7530-680.88-01 /03-072
Dept.Name: Additional Line Items:
Remarks:
Trans Amt: $326,084 From: 421-7530-680.88-01 /07-00-00 To:421-7530-680.88-01 /03-072
Dept.Name: Additional Line Items:
Remarks:
Trans Amt: $144,787 From: 427-7530-680.88-01 /07-00-00 To:427-7530-680.88-01 /03-072
Dept.Name: Additional Line Items:
Remarks:
Attachments
Draft Court Order
Department Memo
Interlocal Aareeement
Location Map
Funding-Woodbridge Parkway
COURT ORDER NO. 2012- -05-07
THE STATE OF TEXAS
COUNTY OF COLLIN
Subject: Restated Interlocal Agreement, City of Sachse and the City of Wylie — Engineering
On May 7, 2012, the Commissioners Court of Collin County, Texas, met in regular session
with the following members present and participating, to wit:
Keith Self County Judge, Presiding
Matt Shaheen Commissioner, Precinct 1
Cheryl Williams Commissioner, Precinct 2
Joe Jaynes Commissioner, Precinct 3
Duncan Webb Commissioner, Precinct 4
During such session the court considered approval of a Restated Interlocal Agreement with
the City of Sachse and the City of Wylie.
Thereupon, a motion was made, seconded and carried with a majority vote of the court for
approval of a Restated Interlocal Agreement with the City of Sachse and the City of Wylie for
the construction of improvements to Woodbridge Parkway from SH 78 to Hensley Lane (Bond
Project No. 03-072), budget amendment in the amount of $782,500 (County participation NTE
$1,351,750) and further authorize the County Judge to finalize and execute same. Same is
hereby approved as per the attached documentation.
Keith Self, County Judge
Matt Shaheen, Commissioner, Pct. 1
Cheryl Williams, Commissioner, Pct. 2
Joe Jaynes, Commissioner, Pct. 3
Duncan Webb, Commissioner, Pct. 4
ATTEST:
Stacey Kemp, Ex-Officio Clerk
Commissioners' Court
Collin County, TEXAS
H:\Productiondb\AGENDA\CC\Item04.d.1. Att1 Draft Court Order.doc
Engineering Department
825 N. McDonald Street
COLLIN COUNTY Suite 6o
CCOUNTYOL McKinney, Texass75069
972-548-3727
www.collincountytx.gov
Date: April 24,2012
To: Commissioners'Court
From: Tracy R. Homfeld, P.E., CFM;Assistant Director of Engineering
Subject: Restated Interlocal Agreement(ILA)between Collin County and the Cities of Wylie and Sachse for Woodbridge Pkwy
from SH 78 to Hensley Lane—2003 Bond Project#03-072(Partial Funding ILA#1)
We request Commissioners Court consider approval of the above subject Restated ILA with the Cities of Sachse and Wylie for Woodbridge Pkwy
from SH 78 to Hensley-2003 Bond Project#03-072.This is partial funding ILA#1 of 2.
The Collin County Commissioners Court approved an Interlocal Agreement for Engineering and Construction of the Maxwell Creek Bridge at Hooper
Road with the City of Wylie on October 24,2006, Court Order#2006-987-10-24 and amended on July 26,2010, Court Order#2010-487-07-26 for an
amount not to exceed$569,250.00 of which the County has already tendered to Wylie$217,500.00, leaving$351,750.00 in project#03-072
untendered and available.This Partial Funding ILA#1 will supersede and repeal Court Order#2006-987-10-24 and Court Order#2010-487-07-26.
This Partial Funding ILA#1 extends the limits of the Project to include engineering and construction of Woodbridge Parkway from SH 78 to Hensley
Lane,as well as the construction of the Maxwell Creek Bridge.
The Project will consist of five(5) phases:(See attached location Map)
- Woodbridge Parkway&KCS Railroad Crossing
- Phase 1
- Phase 2
- Maxwell Creek Bridge
- Woodbridge Parkway north of Maxwell Creek Bridge
City Participation Breakdown:
Sachse shall be obligated to deliver Phase 1 and the Woodbridge Parkway&KCS Railroad Crossing portions of the Project as a roadway system.
The projected cost for this portion of the project is$1,874,018.13. Sachse shall also be responsible for the design of Phase 2. Sachse's
participation is estimated to be$2,113,148.78 which includes$277,000 in reallocated 2007 Collin County Transportation Bond funds, approved on
February 20,2012,court order#2012-122-2-20,to be applied toward the remaining phases of the Project.
Wylie shall be responsible for the construction of Phase 2,and the design and construction of Maxwell Creek Bridge,and design and construction of
Woodbridge Parkway, north of Maxwell Creek Bridge.The projected cost for this portion of the Project is$6,612,990.92. Wylie's total participation is
estimated to be$2,289,661.50. Wylie shall prepare specifications for Phase 2; plans and specifications for the Maxwell Creek Bridge and
Woodbridge Parkway north of Maxwell Creek Bridge,accept bids and award contracts to construct such improvements and administer the
construction contract(s).
The County and Cities estimate the total actual cost of the Project to be$8,487,009.05,which shall include land acquisition,engineering,
construction, inspection,testing,street lighting,and construction administration costs including contingencies.
The total funds remitted by the County for the Project identified in this Partial Funding ILA#1 shall not exceed$1,351,750.00.The County's
available funds for this Partial Funding ILA#1 consist of 2003 County Bond funds in the amount of$569,250.00 of which$217,500.00 has already
been sent to Wylie,and 2007 County discretionary bond funds in the amount of$782,500.00.The use of discretionary bond funds was approved on
February 20,2012, by Court Order#2012-121-2-20.
Breakdown of available funding:
- $217,500 already sent to city of Wylie
- $351,750 currently in project code#03-072
- $782,500 to be reallocated from Discretionary#07-00-00
TOTAL NEEDED FUNDING ENCUMBERED ON THIS ILA:$1,351,750
We request Commissioners Court approve the Restated Partial Funding ILA#1 with Sachse and Wylie for Woodbridge Parkway
from SH 78 to Hensley Lane.
xc: Bill Bilyeu
Monika Arris
Matt Dobecka
RENE:ACED INTERLOCAL AGREEMENT BE`TWEEN COLLIN COUNTY,
THE CUTY OF SACIISE AND THE CITY OF UPI'LI E
CONCERNING 'THE CONSTRUCTION OF
WOODBRIDGE PARKWAY FROM SH 78 TO HENSLEY LN, IMPROVEMENTS
2003 BOND PRO3 Ecr#034172
(Partial Funding ILA 1)
WHEREAS, the County of Cahn, Texas ("Comity"), the City of Sachse, Tex.as ("Sachse"), and
the City of Wylie, Texas ("Wylie') (Saehse and Wyhe herein sometimes collectively referred to as
-Cities"), desire to enter into an agreement concernMg the construction of imprOVements to 'Woodbridge
Parkway from'Sid 78 to Hensley Erinthe'-Project") in the Cities of liktylie and Saehse,Collin County,Texas
(-Partial Funding it„A Cl"); and
WHEREAS, the lot Cl Cooperation Act (Texas Government Code CIapter 791) authorizes
any local goyermnent to contract with ring or rnore local governments to perform governmental functions
and services tm.der the terms of the Act;and
WUEHEA,S, County, Sachse, and Wylie have detennined that the inwroventerns related to the
Project may be constructed most economically by iniplementing this Partial Funding ILA 01 and
WHEREAS,. the Collin County Condmissioners Court approved an interlocal Agreement for
Engineering and Construction of the Maxwell Creek Bridge at Booper Road with the City of Wylie on
00ober 24, 2006, Court Order #2006-987-1 0-24 and amended on Job, 26, 2010, Court Order /120 10-487-
07-26 for an amotml not to exceed $569,250,00 'of 'Minch the County has already tendered to Wylie
S217,500,00, leasting S351,750,00 tintenclered and available(-Available Funding'd1i and
WittEREASE the Collin Courtly Commissioners Court approved the use of Diseretioanty Bond
fimdit.for Woodbridge Park ivay on February 20, 2012, Coon Order#2012-121-2-20,
WHEREAS, this Partial Funding ILA I shall extend the hoots of the Protect to include'
engineering and construction of Woodbridge Parkway fr0111 511 78 to ftensley Lane, as well as the
construction of the Maxwell Creek Bridge and
WHER.EAS, this Partial Funding ILA 41 will supersede and repeal Court Order 42°06-987-1°-
24 and Court:Order#2 0 1 0-487-07-26; and
WHEREAS,parties intend for the Available Funding to he distributed according to the terms and
conditions set .forth in two(2) separate iniferlocal agreements,specifically, tins Partial Funding ILA 41 and
a future Partial. Funding ILA'412:and
WHEREAS, this Partial Funding ILA 41 shall provide the ternis and condificins for engineering,
right away acquisition and some construction costs, as herein defined; and
WHEREAS, ihe parties hereto have investigated and determined that is in ihe hest interest ()leach
of their respective jurisdictions to enter into this Partial Funding ILA 41
NOW, THEREFORE, this Partial Funding ILA AI is made and entered into by and between the
'on toy, Saeh.se,and Wylie upon and for the mutual consideration stated herein„ the receipt.and sidliciency
of which is hereby acknowledged:
\WITNES,SETII:
ARTICLE I.
The Cities shall arrange to cause the construction (Witte iniprovements for the Project. The Project
shall consist of constructing Woodbrid.ge Parkway from SH 78 to Hensley Lane and includes ihe
construction of approximately 5,280 feet of 4-lane concrete divided roadway, a 320 foot bridge. img
crossing of the KCS railroad, The Paned. improvements shall alsti include construction of underground
storm settvers as part of th.e road improvements,
The Project shall consist of live (5) phases: \Woodbridge Par.kway & K.CS Railroad Crossing,
Phase 1, Phase 2, Maxwell Creek. Bridge, and. Woodbridge Ptirkway north of Maxwell Creek Bridge, all of
Which t)tre depicted in Exhibit "A7„ attached hereto triad incrallorated herein for all puiposes, ,All Pfineot
iniprovements shall be designed IL meet or exceed Ore current County design standards and shall be
constructed in aCCordance with the plans and specifications approved by the respective Cities.
ARTICLE IL
Sachse shall be obligated to deliver or cause to Itave delivered Phase I and the r\kloodbridge
Parkway& KCS Railroad Crossing portions of the,Project as a roadway systein, The projected cost for this
portion of the project is SI,874,018.13. Sayhse shall salsas he responsible for the design of Phase 2,
Sachs:Cs participation is estimated to be 82,113,148.78,\\ditch includes S277,000 in reallocated 2007 Collin
County Transportation Bond fund.s.approved on February 20„20.12,court order#2012-122-22.0, to he
applied toward the Project, The total cost to construct Phase 1 and the Wocidbridge Parkway& KCS
Railroad Crossing portions of the project shall be computed based on the unit prices for the construction of
Phase 2, Makwell Creek Bridgy,.and Woodbridge Parksyay north of.Maxwell Creek Bridge to the
nta.xinium extent possible.
\Wylie shall be respon.sible for the construction of Phase 2, and the design mid consnuction of
Maxwell Creek Bridge, and design mid construction of Woodbridge Parkway. north of Maxwell Creek
Bridge, The projected cost for this portion of die Project is S6,6990,92. Wylie's total participation is
estimated to be S2.289,661,50. Wylie shall preprire SpecificationS for Phase 2; plans and specifications for
the MaXWell Creek Bridge and Woodbridge Parkway north of Maxseell Creek Bridge, accept bids and
aWaTd.contraos to LII such iMprOVements and.administer the construction contraens).
In all such activities, the Cities shall comply with all slate statutory requireinents. The Cities shall
provide the County with a copy of the executed constritetion commons) fru-the Pp:0ot
ARTICLELUL
The Cities shall also acquire the necessary property in tIie.vicinity of the Project improvements for
use as right-o Ew ay
ARTICL.E
The County and Cities estmatte the total innual cost or the Protect to by S8,487„009,05„which shall
include land acquisition, engineering, construction, inspection. testing., street lighting., and constrt tenon
administration costs inclucling contingencies.
The total funds reinitted by theI I LILIL for the Project identified in this Partial 'lunging ILA 41
shall not exceed S1,351,750.00, The Countyls available funds for this .Partial Funding ILA 41. consist of
2003 County Bond funds in the. arnount of S.569,250,00 of which S217,500,00 has already been sent to
Wylie, and 2007 County discretionary bond hinds in the amount of S782,500,00, The use of discretionary
bond hinds was approved on February 20, 2012, by Court Order 42012-121-2-20,
The Payment Schedule is as follows:
(a) Within .thirty (30) days alter the Cities (1) ececuie a Professional Services
Agreement for the design of the Project. and (2) request payment from the County,
the County shall remit a portion of the Available Funds to the Citie,s to cover those
e:ngineering costs required under the Professional Service Agreement,
(b) Within thirty(30)days after the Cities request payment from the County,. the County
shall remit a portion of the Funds to the Cities to cover any and all right of way
acquisition costs for the .Project, including but not limited to, 0 te COM to acquire the
right of Way through eminent domain,
(c) Within thirty (30) days after all of the following have occurred, the County shall
remit to the Cities the remaining Funds not already disbursed under(a)or tb)above:
( ) the Cities issue a Notice to Proceed to the lowest responsible bidder .for the
construction of Phase 2, Maxwell ('reek Bridge, and Woodbridge Parkway
north of MaNWell Creek Bridget
(2) the Cities request payment from the County, and
(3) County bond money is aVailiible,
(4) Upon the completion of the Project, the Cities shall provide to the County a final
accounting of expenditures for the Project, If the actual cost to construct the Project
is less than the estimated amount set forth herein, the Cities shall remit to the County
fifty percent (50%) of the difference between the estimated cost and the actual cost,
The Commissioners Court. May. revise .this payment schedule based on the progress
of the Project with prior written notice and approval by the Cities,
RTICLF V.
'file Cities shall prepare for the County an itemized statement specifying Project costs that have
been incurred to date and submit detailed Project cost and progress reports every thirty (30) days until
Project completion_
ARTICLE VI.
County and Cities agree that the party paying for the performance of governmental functions or
services pursuant to this Partial Funding ILA I shall make those payments only from current revenues
legally available to the paying party,
ARTICLE VII.
INDEMNIFICATION, TO THE EXTENT ALLOWED BY LAW, EACH PARTY
AGREES TO RELEASE, DEFEND, INDEMNIFY., AND HOLD HARMLESS THE OTHER (ANI)
ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR
CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES
(INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, „JUDGMENTS
AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY
WAY ARISING OUT OF, RELATED TO„ OR RESULTING FROM. ITS PERFORMANCE
UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT AcTs OR OMISSIONS (OR
THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD
3
PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITII
PERFORMING THIS PARTIAL FUNDING HA#L
ARTICLE U.
CiOUNTERPARTS: This Agreement nifty be executed in a number at identical ecamterparts„each
or which shall be deemed en original for all pat poses
ARTICLE IX,
NOTICE, Any notice provided or permuted to be given under this :Agreement must be in iivriting
and may be served by depositing same in the United States rnail, addressed to the party to be notified,
postage pre-paid and registered or certified With return receipt requested, or by delivering the same in
person to such party 'via a hand-delivery service, Federal Express or any courier service that provides a
return receipt showing the date of actual delivery of same, to the addressee thereof; Notice given in
accordance herewith shall be effective upon receipt at the address of the addressee, For purposes of
notification, the addresses of the parties shall be as ibllows:
It to Contractor,to: City of Sechse
Attn: City Manager
It'to the City, to: City of Wylie
Attn: City Manager
300 Country Club Rd.,.Bid, 100
Texas 7509g
ARTICLE X,
VENUE The laws of the State of Texas shall govern the interpretation,. validity, performance and
enforcement of this Partial Funding ILA Cli The parties agree that tins Partial Itiunding ILA 41 is
performable in Collin County,Texas and that exclusive venue shall lie in Ciohlyi County,Texas,
ARTICLE XL
NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to create
any right in any third party not a signatory to this Agreeinent„ and the parties do not intend to create any
third party beneficiaries by entering into this Agreement,
ARTICLE XII,
SEVIiifIAHIEITY, The provisions of this Partial Funding ILA#1 are severable: It any paragraph,
section, subdivision, sentence, clause, or phrase of this Partial Funding ILA itti is for ens reason held by as
coin) of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the It
and effect of the law, the remaining portions of the Partial Funding IF,A, #1 shall be enforced as if the.
invalid provision had never been included.
ARTICLE 'XIII,
1
ENTIRE AGREEMENT. This Partial Funding ILA 41 embodies the entire agreement between
the parties regarding the subject matter of this Partad Funding, ILA 41 and may only be inodified in a
writing executed by both parties_
ARTICI,E XIV.
SUCCESSORS AND ASSIGNS, This Partial Funding ILA 41 shall he binding upon he parties
hereto, their successors and assigns: No party may assign or transfer an interest in this Partial Funding ILA
41 without the written consent of the other parttes.
ARTICLE XII,
IMMITNITY_ It is expressly tmderstood and agreed that, in the exectuntin of this Partial Funding
ILA 41, none of the parties Waive. nor shall be deemed hereby to have waived, any immunity or defense
that would othettwise be available to it against claims arising in the exercise of governmental powers and
functions, By entering into this Partial Funding 11,A 41, the parities do not create any obligations, express
Of implied, other than those set forth herein: and this Partial Funding ILA 41 shall not create any rights in
parties not signatories hereto,
ARTICLE XVII.
ItERX1, This Partial Funding 11.,„A 41 shall he effective upon execution by all parties and shall
continue in effect annually until final acceptance of the Project: dins Partial Funding ILA 41 shall
automatically renew annually dui ma this period,
ARTICLE XVII:
This Pat tO1 Funding 11,,,A 41 supersedes previous Court Order 42006-910-10-24 and ("ono Order
02010-4817-07-26:
APPROVED AS TO FORM: cou Nry OE COLLIN,TEXAS
By: By:
Name Keith Self
I tile County Judge
Date: Date:
Executed on this day of 2012,
by the County of ftollin, pursuant to
Commissioners' Court Order No,
ArrEsT: (-ITV OF SACHSE,TEXAS
L-
By
((v,;.;ti)H,iNainalnKatgecr,,e ozrgte
s (ft/7
lei ry Smith
City 5t7etit
Date: t ti /4-
„
L Dale:
Executed on behalf of the City of Sachse
pursuant to City Council Resolution Na
A PPRON`ED AS Tfi FORX1:
ji
By.
,1 Peter C, Smith
City Anonliey
4s, 1.1 20r1.
ATTEST': crry OF VliciA 7',TEXAS
13y: Bv:
Carole t v Miansiati
City Secret/11y City Ma/lager
Dale: April 10.2012 1.1ate:. April 10,,2012
Execiited on behalf or ihe City of Wylie
nririsirairt tr) City Caiuneil
2012-12(R),
Al)PR1TVED AS'1'0 FORM:
_
Bv: -
%
Caitirtney A. K endall
Date', r-7 L1C
V,4,11:t
6
LOCATION MAP
Woodbridge I!i. li'
Parkway-Maxwell Creek B 1
.. � Connect to Existing oncrCt �1
Pavement Southbou 3d Lanes
x ' 2
`�i ,., zer' -r �e t
.,.; " ii
'<-ate= L 0''' i } t.yr.N l+._ .I
▪ i _ x rva.e� '
p Woodbridge Parkway Phase2 ,. g;▪ f -- -
e r a . go r
to Existing Concrete nl
ftr �'�r�ecT
'z rPavernent Northbound Lanes
g F t t , .. ,
c
Itir -
�;+;t s = 'r sIgi North Woodbridge Parkway from Hensley Road]ouch to proposed bridge over Maxwell Creek
lald
r �
t
V�rc dbrrdg�Parkway€t�asc t ki.
�r r
l `:� r
fir q
hil d� .,c "`i . woodbr-Mdt e Parkway&SH 78 Crossings, I i :
�m r IY
! KCS Grade'Crossing Warning Devices 000110
s
= ' KS Concrete Crossing&Subgrade Preparation`
1
COURT ORDER NO. 2012- /31 -02-20
THE STATE OF TEXAS
COUNTY OF COLLIN
Subject: Utilization of 2007 Discretionary Road Bonds-Administrative Services
On February 20, 2012, the Commissioners Court of Collin County, Texas, met in regular
session with the following members present and participating, to wit:
Keith Self County Judge, Presiding
Matt Shaheen Commissioner, Precinct 1
Cheryl Williams Commissioner, Precinct 2
Joe Jaynes Commissioner, Precinct 3
Duncan Webb Commissioner, Precinct 4
During such session the court considered a request for approval to utilize the 2007
Discretionary Road Bonds.
Thereupon, a motion was made, seconded and carried with a majority vote of the court for
approval to utilize Discretionary Road Bonds for Woodbridge Parkway for the City of Wylie in
the amount of $3,514,949. Same is hereby approved in accordance with the attached
documentation.
Keith Self, County Ju. !e
ONE
411 '
• Mr Ar -
Matt Sh es , o ,si ner, Pc 1
'
11110` 4111rA
! Che I ffilli, ,, Commissioner, Pct. 2
Z1 „‘
,
or
IN r`6 Joe Jday 40,-;011 i ne , Pct. 3
ATTEST;
Dun
;Way Ke , Ex-#ei ler
'Commi sioners ourt
Collin County, TEXAS
TI1Worcl Data'Court 2012VCOURT ORDERSV2-20-12 Court Signed Court Ordersl34874-UtSize-2007 Discretionary RB Funds Wylie 0220 cicc
Administrative Services
2300 Bloomdale
°� '" C O L L I N COUNTY Suite 4192
° "�' McKinney, Texas 75071
972-548-4631
www.collincountytx.gov
To: Commissioners Court
From: Bill Bilyeu
Date: February 14, 2012
Re: Woodbridge Parkway
The Cities of Wylie and Sachse have asked to utilize discretionary funds from the 2007
Transportation Bond Election to help fund the $8,487,009.05 Woodbridge Parkway project. The
Woodbridge Parkway project completes the connection between FM 544 and SH 78 and includes
the construction of approximately 5,280 feet of 4-lane concrete roadway and a 320 foot bridge.
Woodbridge Parkway is designated on the current 2007 Collin County Mobility Plan as a future
major 4 lane divided road.
Total project cost $8,487,009.05
Sachse responsibility $2,289,661.50
Wylie responsibility $2,113,148.78
Collin County responsibility $4,084,198.77
Less 2003 Bonds previously committed to the project $ 569,250.00
Total 2007 discretionary bond funds requested $3,514,948.77
1
COURT ORDER NO. 2012- /gg -02-20
THE STATE OF TEXAS
COUNTY OF COLLIN
Subject: Reallocate Road Bond Funds—Administrative Services
On February 20, 2012, the Commissioners Court of Collin County, Texas, met in regular
session with the following members present and participating, to wit:
Keith Self County Judge, Presiding
Matt Shaheen Commissioner, Precinct 'I
Cheryl Williams Commissioner, Precinct 2
Joe Jaynes Commissioner, Precinct 3
Duncan Webb Commissioner, Precinct 4
During such session the court considered a request for approval to Reallocate Road Bond
Funds.
Thereupon, a motion was made, seconded and carried with a majority vote of the court for
approval to reallocate $277,000 from Maxwell Creek Road (07-089) to the Woodbridge
Parkway project in the City of Sasche. Same is hereby approved in accordance with the
attached documentation.
r
t
1
Keith Self, County Ju ge
Maft Sh ee , o ,s ner, Pc . 1
N. 41Prr
AI Che 411i- L14: Commissioner, Pct 2
. 4Fr Al
1114411; ' 0 ,
tikt ri 0 Joe Jay -../ . , is_ .ne , Pct. 3
igrif- ,
ATTEST: i
11111r
40,..4 r if
I li A 4 10
Dun . "• ,bb, Commissio er, Pct. 4
rr ey Ken*, Ex ci le
ommisisioners Court
Collin County, TEXAS
T 11 Word DatalCourt 20121COURT ORDERS02-20-12 Cour-Mired Court OrdertM41305-Reallocate Road Bond Fut tea-Saache 0220 doc
Administrative Services
2300 Bloomdale
°� '" C O L L I N COUNTY Suite 4192
° "�' McKinney, Texas 75071
972-548-4631
www.collincountytx.gov
To: Commissioners Court
From: Bill Bilyeu
Date: February 14, 2012
Re: Sachse bond transfer request for Woodbridge Parkway
The City of Sachse requested and received $865,000 in 2007 Transportation Bonds for Maxwell
Creek Road (07-089). The bonds for this project are not expected to be sold until 2015.
Per the attached resolution, the City requests that $277,000 of these funds be transferred to the
Woodbridge Parkway project.
If approved by Commissioners Court, the County's match for Maxwell Creek will be reduced to
$588,000.
1