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07-11-1995 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex July 11 , 1995 7:00 p.m. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE MINUTES 1. Consider Approval of Minutes of June 13, June 20, and June 27, 1995 ACTION ITEMS 2. Discuss and Consider Approval of a Final Plat for Westgate Phase I I 3. Discuss and Consider Approval of an Interlocal Agreement with the City of Plano for Plan Review Services 4. Discuss and Consider Approval of a Contract for Engineering Services for Water Distribution and Wastewater Collection Improvements 5. Discuss and Consider Award of Proposal for Public Officials Liability Insurance 6. Discuss and Consider Approval of an Interlocal Agreement with Dallas County for Reconstruction of Pleasant Valley Road STAFF REPORTS CITIZEN PARTICIPATION EXECUTIVE SESSION 7. Hold Executive Session Under 551.074 Government Code - Personnel Matters Regarding: Appointments to Boards and Committees 8. Reconvene Into Open Meeting and Take Any Necessary Action as a Result of the Executive Session MANAGEMENT UPDATE Premier Industrial park Future Annexations ADJOURNMENT 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 442-8100 OR TDD 442-8170 "'"""""""""""'"""'""""""'""'"'''1"1"il'IllIIIIIIIIIII•VDWV11011111tilf;0000!!!1DODHVIVIVIIV,VII,1111111111111DoopHvill1111111111111"111111111111111111111111 MINUTES OF THE WYLIE CITY COUNCIL June 13, 1995 CALL TO ORDER Mayor Jim Swartz called the meeting to order with the following Councilmembers present: Reta Allen, Cleo Adams, Joel Scott J.C. Worley, John Mondy and Steve Wright. No councilmembers were absent. MINUTES OF MAY 23, 1995 Allen made a motion to approve the minutes. Adams seconded the motion. The motion was voted on and passed unanimously. PUBLIC HEARING AND ORDINANCE 95-16 AUTHORIZING ZONE CHANGE FROM MF- MULTIFAMILY , R- RETAIL, SF-3 SINGLE FAMILY AND 2-F DUPLEX TO SF-1 SINGLE FAMILY ON 77 ACRES LOCATED SOUTH OF STONE ROAD AND WEST OF FM-544 City Manager Steve Norwood outlined the applicant's request. As there was no one present wishing to address this issue, the public hearing was closed. Adams made a motion to approve the ordinance authorizing the change in zoning. Mondy seconded the motion. Upon the reading of the ordinance caption, the motion was voted on and passed unanimously. PUBLIC HEARING AND REQUEST FROM ROBERT HEATH FOR A CHANGE IN ZONING FROM B-1 TO B-2 BUSINESS DISTRICT AT 1890 NORTH HWY 78 Mr. Heath addressed the Council and stated that the mini-warehouses were at full capacity and he was unable to expand his non-conforming use in the B-1 zoning district. He stated that mini-warehouses were a permitted use in B-2 and requested Council approval. As there was no one else wishing to address this issue, the public hearing was closed. Council discussed the request regarding its conflict with the land uses proposed for SH-78 in the Comprehensive Plan. Wright made a motion to deny the request. Worley seconded the motion. The motion was voted on and passed unanimously. PUBLIC HEARING REGARDING ISSUES RELATED TO HANDICAPPED CITIZENS Amy Lawrence, representing Southwest Consultants, explained that the public hearing was required under the terms of the grant guidelines for the Texas Department of Housing and Community Affairs. As there was no one present wishing to address concerns related to handicapped citizens, the public hearing was closed and no Council action was taken. Minutes of June 13, 1995 Page 1 RESOLUTION NO. 95-21 ESTABLISHING GRIEVANCE PROCEDURES FOR SERVICES FUNDED BY THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS GRANT Adams made a motion to approve the resolution. Scott seconded the motion. The motion was voted on and passed unanimously. AMENDED FINAL PLAT ON LOTS 3-7, BLOCK H, WYNDHAM ESTATES, PHASE II Norwood explained that the previous plat which adjusted lot lines and had been previously approved by Council had not been filed of record in a timely manner and the approval was void. Allen made a motion to approve the amended plat. Adams seconded the motion. The motion was voted on and passed unanimously. ORDINANCE 95-15 AND MATTERS INCIDENT AND RELATED TO PROVIDING FOR THE EXECUTION AND DELIVERY OF $310,000 "CITY OF WYLIE, TEXAS, PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS SERIES 1995" DATED JUNE 1, 1995" Norwood explained that the Contractual Obligations would finance the new fire equipment proposed for delivery in October. He noted that the down payment had been made with $20,000 proceeds from the North Texas Training Association. Mondy made a motion to approve the ordinance. Adams seconded the motion. The motion was voted on and passed unanimously. INTERLOCAL AGREEMENT FOR MUTUAL AIDE IN DISASTER ASSISTANCE Fire Chief Shan English explained that the proposed contract would (1) provide back up for the Wylie Emergency Operation Center (2) centralize resource assistance in the event of an emergency and (3) provide qualifications for reimbursement from FEMA to cities for disaster related expenses. English stated that while the amount of annual funds available in the program for disaster assistance would depend on the number of participating cities, the North Central Texas Council of Governments was expecting $35,000 in startup funds. Allen made a motion to approve the agreement. Adams seconded the motion. The motion was voted on and passed unanimously. STAFF REPORTS Norwood reported to Council that sales tax collections for two and one half percent over budget so far for the year. WORKSESSION Eric Dickerson and Darren Culbertson representing Boys & Girls Club of Collin County discussed with Council grant funds available and opportunities for a Boys & Girls Club Center strategic program for youth in Collin County. Minutes of June 13, 1995 Page 2 ADJOURNMENT As there was no further business to come before Council for consideration, the meeting adjourned. Approved Attest Minutes of June 13, 1995 Page 3 MINUTES OF THE WYLIE CITY COUNCIL WORKSESSION June 20, 1995 CALL TO ORDER Mayor Jim Swartz called the meeting to order with the following Councilmembers present: Reta Allen, Cleo Adams, Joel Scott J.C. Worley, John Mondy and Steve Wright. No councilmembers were absent. FINAL PLAT FOR CORNERSTONE PRIVATE SCHOOL City Manager Steve Norwood explained that the plat as submitted met minimum requirements for one lot subdivisions in the City of Wylie although the applicant still had some utility issues to resolve and development fees. Melissa Abbott, the applicant, outlined her plans for the daycare facility including the traffic flow, playground equipment, curriculum, and request for signalization at the intersection. Adams made a motion to approve the plat. Wright seconded the motion. The motion was voted on and passed unanimously. WORKSESSION Norwood discussed issues related to drainage in the Stone Grove subdivision and Council agreed to authorize 25% participation in a hydrology study not to exceed $10,000. He updated Council on the proposed budget for 1995-1996 stating that $10,000 was being added for a teen center, $10,000 was included for Christmas lights, a D.A.R.E. officer was budgeted and a 4% salary increase was included. Council received a draft copy of a handbook on local government in Wylie and discussed upcoming board appointments. EXECUTIVE SESSION Council adjourned into Executive Session Under 551.074 Government Code - Personnel Matters to discuss the resignation of the City Manager. APPOINTMENT OF MIKE COLLINS AS INTERIM CITY MANAGER Upon reconvening into regular session, Wright made a motion to appoint Mike Collins as interim City Manager. Mondy seconded the motion. The motion was voted on and passed unanimously. Approved Attest Minutes of June 20, 1995 Page 1 WyO City count'''. .jilly..11 1995 Issue Discuss and consider a recommendation to the City Council for approval of a Final Plat from Jim Meara, managing Partner of F.M. 3412, Inc. for Westgate Phase II, located south of Westgate Phase I and north of the DART Railway. Background This Plat allows for 36 lots and the extension of Burchshire Lane which will connect into Carriage House Way. The original Westgate Phase I plat contained 147 lots and by November, 1995, these lots will have all been developed. Westgate Phase II will permit D.R. Horton to continue to build in Wylie. Both the Final Plat and the construction plans have been reviewed by Greg MacLean, Consulting City Engineer, and he had no exceptions. Board/Commission Recommendations Recommendation of the Planning and Zoning Commission is pending the outcome of the P & Z meeting which was rescheduled to Monday, July 10, 1995 due to the July 4th holidays. Staff Recommendations City Staff recommends approval of Westgate Phase II Final Plat. Attachments Plat copy, location map AL-kel )1\1•0-H).6 ( ( [\-JJAU e.49'ef21PA4Y. Prepared By Approved By ! i i 1 '---: / • ,,, i DI .5 i , il , 1. 41112 . t PN -" Ur. , 1 RA W4 -IA l ...IL, , Num -I II) -POP .-. 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ISSUE Discuss and consider approval of an Interlocal Agreement between the City of Wylie and the City of Plano for assistance in Building Plans Examination. BACKGROUND To insure accuracy and to expedite the Plan Review process on. large, complex facilities such as the new Wylie High School, the Building Official has contracted the City of Plano's Building Inspector Department for assistance in the Plan Review Process. The number of people on their staff, their qualifications and experience, the fact that Plano is associated with the International Conference of Building Officials and use the same codes as the City of Wylie uses, and the timeliness with which the work can be done all contribute beneficially to the agreement. Since preliminary work had already begun and plans were already submitted prior to the arrival of the new Building Official, the fastest and most thorough Plan Review possible was sought to allow for work to continue efficiently at the new High School. This agreement does not intend to replace Plan Review by the City of Wylie, only to augment on a rare as needed basis. The City of Wylie would have no more liability for code violations missed than if it performed the Plan Review itself. The Building Code states "approval of plans shall not be construed to be permit for, or an approval of, any violation of any of the provisions of this code or any other ordinance of the jurisdiction", Sec. 106.4.3 FINANCIAL CONSIDERATIONS At a rate of$25.00 per hour, the Plan Review for the new High School was $750.00 and the plans were at the City of Plano for just over one week. STAFF RECOMMENDATION Staff recommends approval and authorization for City Manager to sign Interlocal Agreement. Page Two ATTACHMENTS Interlocal agreement drafted by City of Plano. /14LAL Will& Wm* Prepared By Approved By Wylie City Council -4 agenda tomlrnalnicaltron for juts l . 1995 ..i a... ......j. Contract for Engineering'Services Related to Water/Surer i 'nprovvments Issue Discuss and consider approval of the contract documents for the Hogan Corporation for Engineering services to design the proposed Water Distribution and Wastewater Collection Line Improvements for the 1994 Texas Community Development Program (TCDP). Background The scope of the contract consists of a pre-work conference, the design phase, the construction phase and the post construction phase. The format of the documents has been reviewed and approved by the City of Wylie's grant administrator, Southwest Consultants. Financial Considerations According to Hogan's most recent cost projection, the construction cost is projected to be approximately $482,870, which coincides with the cost projections given on the grant application. The engineering fees also match the amounts which were included in the grant application. Staff Recommendations City Staff recommends approval of contract documents. Attachments 6 copies of the contract documents from the Hogan Corporation. 9,,s- IILS,L, 1 _ __ , s ‘,epor )11;4., 6 egQ to Prepared By I Approved By THE HOGAN CORPORATION Engineers • Planners • Consultants July 3, 1995 post-it'Fax �P Note 7671 Date 715 IF+Vsi" )5 +L i ,c C.C-- Fran c jite Co. 14:5 r) Phone* Phone* Mr. Steven P. Norwood — Fax If Fax# City Manager City of Wylie 2000 Hwy. 78 North • Wylie, TX 75098 RE: Water Distribution and Wastewater Collection Line Improvements 1994 Texas Community Development Program(TCDP) Dear Mr. Norwood_ Please find attached six(6) copies of the contract documents for engineering services for the above referenced project. The format of the documents has been reviewed and approved by Southwest Consultants, your grant administrator. The engineering fees match the amounts which were included in the grant application. Please execute each copy by signing in the appropriate space, retain two(2) copies for your files, and return two (2)copies each to Southwest Consultants and The Hogan Corporation. We certainly appreciate the opportunity to perform these services for you and stand ready to proceed upon receipt of the signed contracts. If you have any questions or comments, please do not hesitate to call. Respectfully submitted, THE HOGAN CORPORATION Greg . MacLean,P_E. Vice President Enclosures Member,Consulting Engineers Council of Texas 12000 Preston Road at LB.), Suite 620 Member.American Consulting Engineers Council North Dallas Bank Tower ■ Dallas, Texas 75230 THE HOGAN CORPORATION Engineers • Planners • Consultants July 3, 1995 Mr. Steven P. Norwood City Manager City of Wylie 2000 Hwy. 78 North Wylie, TX 75098 RE: Water Distribution and Wastewater Collection Line Improvements 1994 Texas Community Development Program(TCDP) Dear Mr. Norwood: We herewith offer you our services to design the proposed water distribution and wastewater collection line improvements. According to our most recent cost projection, the construction cost is projected to be approximately$482,870, which coincides with the cost projections given on the grant application. We propose to provide the following services in conjunction with this project. A PRE-WORK CONFERENCE We will meet with the City of Wylie representatives to discuss the planning and design criteria, work program and schedule, right-of-way and/or easement acquisition, procedures of communication, additional surveys, preparation of preliminary layouts, assignment of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this project_ Other work and review conferences will be scheduled throughout the progress of the work. B. DESIGN PHASE 1. Preliminary Drafting (a) Prepare preliminary work on plan sheets to include: ▪ Cover sheet, Location Map; Title blocks, north arrows, scales, benchmarks, etc.; and, • Miscellaneous standard details. Member, Consulting Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620 41). Member, American Consulting Engineers Council North Dallas Bank Tower Dallas.Texas 75230 TEL(214)392.4800 ■ FAX:(2141490-71 B3 Mr. Steven P. Norwood July 3, 1995 Page Two (b) Prepare preliminary work on specifications to include: Standard specifications; Special conditions; Cover sheet;and, Proposal, bid schedule, and contract documents. 2. Preliminary Design (a) Reduce and plot field notes of topography. (b) Plot any known utility(water, sewer, drainage, gas, cable TV, telephone, electric) locations, depths, etc. (c) Set preliminary alignments and locations for the proposed water or sanitary sewer main, including manholes and other related appurtenances. (d) Field-check preliminary design. (e) Coordinate preliminary design of improvements with the City, utility companies and others, where required. (f) Present preliminary drawings and specifications to the City for review and comment. 3. Final Plans and SeciScations (a) Draft plan and profile sheets to conform with final comments of the City from preliminary design review. (b) Prepare final details. (c) Prepare quantities of materials. (d) Prepare final bid schedule, special conditions, specifications, proposal, and contract documents. (e) Prepare projected cost of construction. Mr. Steven P. Norwood July 3, 1995 Page Three (f) Submit(1) set of prints of the final plans and specifications to the City of Wylie, Texas Department of Commerce, Texas Natural Resource Conservation Commission, and utility companies for review and comment. 4. Additional Services for Design Phase The City of Wylie has indicated that the City desires to contract with others for any required field surveying or subsurface exploration. It is understood that any field surveys'or subsurface explorations will be performed in a timely manner to prevent any delays for Engineer in completing the Design Phase Services. Also, the City will be responsible to the Engineer for the accuracy of all field surveys or subsurface explorations performed by others. C. CONSTRUCTIQN PHASE 1. Advertise and Receive Bids (a) Coordinate the final printing of the construction plans and specifications for distribution to the proposed bidders. (b) Notify individual qualified contractors of the project and contact the Texas Contractor,Jgdge Reports, and AGC ofjexas for publishing the description of the project and date for receiving bids. (c) Assist the City in securing; opening,tabulating, and analyzing of bids. The Engineer will furnish recommendations on the award of the contract based on the lowest qualified bidder. (d) Assist in the engineering phases of the preparation of the formal contract documents between the Contractor and the City. 2. CreneratReview of Construction (a) Meet(Pre-Construction Conference)with the City and the Contractor to discuss the total work program and schedule, TDOC requirements, procedures of communication, additional surveys, field testing and inspection, assignment of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this improvement program. N Mr. Steven P. Norwood July 3, 1995 Page Four (b) Make periodic visits to the project site(as distinguished from continuous services of Resident Project Representatives). (c) Consult and advise with the City during construction_ (d) Review shop and working drawings. (e) Review tests of materials and equipment operation. (f) Prepare monthly and final estimates for payment to the Contractor. (g) Conduct final review of the project in the accompaniment of City representatives_ (h) Prepare plans of record for the project based on field data provided by the Contractor and the City_ 3. Additional Services for Construction Phase (a) Arrange for and perform the services for printing the construction plans and specifications to be used in the distribution to the Contractor following contract award. (b) The City of Wylie has indicated that the City desires to contract with others for any required construction staking. As such, it is understood that the City will be responsible to the Engineer for the accuracy of all construction staking performed by others. D. POST CQNS'TRUCITON RAISE 1. Project Reviews (a) Notify the City once each three(3) months during the warranty period of the date to review the project to note any deficiencies in the quality of materials or workmanship. (b) Notify the City not less than thirty (30)days prior to expiration of the warranty period for scheduling a date for the final project review. Mr. Steven P. Norwood July 3, 1995 Page Five 2. Project Review Reports (a) Prepare, after each review of the project during the warranty period, a report noting any irregularities, deficiencies, or other matters that would require the contractor to correct. Copies of the letter report will be sent to the City and the Contractor. (b) Schetlule meetings, as may be necessary, with the City and Contractor to discuss the project deficiencies, if any are found, and the remedy to the problems. For performing the Design Phase Services discussed in Section B above, we propose that the City make payments to The Hogan Corporation, on a monthly basis in proportion to that part of the services proposed herein which has been accomplished, as evidenced by monthly statements submitted by The Hogan Corporation, and approved by the City. Final payment shall be due upon completion of these services. The total compensation for the Preliminary Phase and Design Phase Services performed shall be based on the lump sum amount of$37,400. For performing the Construction Phase Services, as described in Paragraph C_1. above,we propose that the City make payments to The Hogan Corporation, on a monthly basis in proportion to the services proposed herein which has been accomplished, as evidenced by the monthly statements submitted by The Hogan corporation, and approved by the City. Final payment shall be due upon completion of these services_ The total compensation for the services performed shall be based on the lump sum amount of$6,600. We propose to perform the Post-Construction Phase Services as part of our overall fee($44,000). The time projected for substantially completing the Design Phase Services, as described herein, is forty-five(45)calendar days alter receipt of field survey data for design. The attached"Contract for Engineering Services" (Part I-Agreement and Part II- TCDP Terms and Conditions) details the terms of the contract between the Engineer and Owner. Part I includes signature spaces for the Owner and Engineer. U Part I- Agreement CONTRACT FOR ENGINEERING SERVICES Part I-Agreement THIS AGREEMENT, entered into this day of , 1995, by and between the City of Wylie, 2000 Hwy. 78 North, State of Texas, (hereinafter referred to as the City) acting herein by a duly authorized city official and The Hogan Corporation, 12900 Preston Road, Suite 620, Dallas, Texas 75230(hereinafter referred to as the Engineer)_ WTTNESSETH THAT: 1. Scope of Services — The City desires to execute a contract for professional services for professional engineering services regarding the 1994 Texas Community Development Program(TCDP)Grant with the Engineer to provide the scope of services: a. Design Phase Services b. Preparation Bid/Contract Documents c. Bidding Phase Services d. Construction General Review e. Post-Construction Phase Services f. Additional Engineering Services, as requested by the City_ These services are detailed in the"Letter Proposal". 2. Time of Performance--The services of the Engineer shall commence on the date that the agreement for professional services is adopted by the City. All of the services required and performed shall be completed no later than the TCDP contract termination date, unless said date is formally extended. 3. Access to Information— It is agreed that all information, data, reports, records, and maps as are existing, available, and necessary for the carrying out the project shall be furnished to the Engineer by the City and its agencies. No charge will be made to the Engineer for such information and the City and its agencies will cooperate with the Engineer in every way possible to facilitate the performance of the work described in the contract. 4. Indemnification— The Engineer shall comply with the requirements of all applicable laws, rules and regulations, and shall exonerate, indemnify and hold harmless the City and its agency members from and against them, and shall assume full responsibility for payments of federal, state and local taxes on contributions imposed or required under the social security, workers' compensation and income tax laws. Page 1 of 2 Part I-Agreement 5. Miscellaneous Provisions (a) This agreement shall be construed under and accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in the county of the City. (b) This agreement shall be binding upon and ensure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this agreement. (c) 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 thereof. (d) If any action at law or in equity is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. (e) This agreement may be amended by mutual agreement of the parties hereto and a writing to be attached to and incorporated unto this agreement. 6. T,erinujact Conditions— This agreement is subject to the provisions attached hereto as Part II and entitled"TCDP Terms and Conditions" and incorporated herein by reference. 7. Payment Schedule--Payment for services rendered by Engineer shall be in accordance with the attached Letter Proposal. IN WTTNESSETH HEREOF, the parties have hereunto set their hands and seals: CITY OF WYLIE: THE HOGAN CORPORATION: Jim Swartz Gre . MacLean, P.E. Mayor Vice President City Secretary Witness Date Date Page 2 of 2 Part I>t-TCDP Terms& Conditions j QNTRACT FOR PRQFES$IONAL SERVICES, TERMS ANR CQNDmoNS . Termination of Contract for Cause—If, through any cause, the Engineer shall fail to fulfill in a timely and proper manner his/her obligations under this Contract, or if the Engineer shall violate any of the covenants, agreements, or stipulations of this Contract,the City shall thereupon have the right to terminate this Contract by giving written notice to the Engineer of such termination and specifying the effective date thereof, at least ten days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Engineer under this Contract shall, at the option of the City, become its property and the Engineer shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Engineer shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Engineer, and the City may withhold any payments to the Engineer for the purpose of set-off until such time as the exact amount of damages due the City from the Engineer is determined_ 2_ Termination for Convenience of the City The City may terminate this Contract at any time by giving at least thirty(30) days notice in writing to the Engineer. If the Contract is terminated by the City as provided herein,the Engineer will be paid for the time provided and expenses incurred up to the termination date. If this Contract is terminated due to the fault of the Engineer,Paragraph 1 hereof relative to termination shall apply. 3. Chanees--The City may, from time to time, request changes in the scope of the services of the Engineer to be performed hereunder_ Such changes, including any increase or decrease in the amount of the Engineer's compensation, which are mutually agreed upon by and between the City and the Engineer, shall be incorporated in written amendments to this Contract. 4. Personnel (a) The Engineer represents that he/she has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the City. (b) All of the services required hereunder will be performed by the Engineer or under his/her supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and Local law to perform such services. Page 1 of 6 Part II- TCDP Terms & Conditions (c) None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Contract. 5_ Assignability--The Engineer shall not assign any interest on this Contract, and shall not transfer any interest in the same(whether by assignment or novation), without the prior written consent of the City thereto; Provided, however,that claims for money by the Engineer from the City under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the City. 6. Reports and information --The Engineer, at such times and in such forms as the City may require, shall fbrnisti the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 7. Records and.Au its —The Engineer shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both Federal and non-Federal shares. These records will be made available for audit purposes to the City or any authorized representative, and will be retained for three(3)years after the expiration of this Contract unless permission to destroy them is granted by the City. S. Findings Confidential All of the reports, information, data, etc., prepared or assembled by the Engineer under this contract are confidential and the Engineer agrees that they shall not be made available to any individual or organization without the prior written approval of the City. 9. Copyright —No report, maps, or other documents produced in whole or in part under this Contract shall be the subject for an application for copyright by or on behalf of the Engineer. 10. Compliance with Local Laws-- The Engineer shall comply with all applicable laws, ordinances and codes of the State and local governments, and the Engineer shall save the City harmless with respect to any damages arising from any tort done in performing any of the work embraced by this Contract. 11. equal Employment Opportunity During the performance of this Contract, the Engineer agrees as follows; (a) The Engineer will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin. Page 2 of 6 Part D-TCDP Terms& Conditions (b) The Engineer will, in all solicitation or advertisements for employees placed by or on behalf of the Engineer, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. (c) The Engineer will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor,provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. (d) The Engineer will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (e) The Engineer will furnish all information and reports required by Executive Order 11246 of September 24, 1965 and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books,records, and accounts by the City's auditor and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (f) In the event of the Engineer's non-compliance with the non-compliance clauses of this Agreement or with any of such rules, regulations or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Engineer may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Engineer will include the provisions of the paragraphs (a) through(g) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Engineer will take such action with respect to any subcontract or purchase order as the City's Department of Housing and Community Development may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided,however, that in the event the Engineer becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City's Department of Housing and Community Development, the Engineer may request the United States to enter into such litigation to protect the interests of the United States. Page 3 of 6 Part II-TCDP Terms& Conditions 12. Civil Rights Act of 1 964 --Under Title VI of the Civil Rights Act of 1964,no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 13. S 109 of th ousin and ' Deve o 974—No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 14. "Section 3" compliance in the Provision of Training. Emplovmeot and Business Opportunities • (a) The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170Iu. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. (b) The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 C.F.R 235, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. (c) The contractor will send to each labor organization or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his/her commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (d) The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Page 4 of 6 Part II -TCDP Terms & Conditions Development, 24 C.F.R. Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the later has been found in violation of regulations under 24 C.F.R. Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (e) Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R.Part 135,and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project,binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to filth these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 C.F.R. Part 135. 15. section 543 Handicapped (if$2_5QO or Aver)Affirmative Action for Handicapped, Workers (a) The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: Employment, upgrading, demotion or transfbr,recruitment, advertising,layoff or termination,rates of pay or other forms of compensation, and selection for training, including apprenticeship. • (b) The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (c) In the event of the contractor's non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (d) The contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified Page 5 of 6 1111 Part II-TCDP Terms& Conditions handicapped employees and applicants for employment, and the rights of applicants and employees. (e) The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. (f) The contractor will include the provisions of this clause in every subcontract or purchase order of$2,500 or more unless exempted by rules, regulations,or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. 16. Interest of Members of a City--No member of the governing body of the City and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and the Engineer shall take appropriate steps to assure compliance. 17. Interest of Other Local Public Officials--No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and the Engineer shall take appropriate steps to assure compliance. 18. Interest of Engineer and Employees —The Engineer covenants that he/she presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his/her services hereunder. The Engineer further covenants that in the performance of this Contract, no person having any such interest shall be employed. Page 6 of 6 U 111 TABLE 1 - BENEFIT TO LOW AND MODERATE INCOME PERSONS A4" B C ll U F U I Total Number Total Number Of Low/Mod Percentage Activity Of Persons Persons Low/Mod TCDP Other Funds Total Nunter Activity Name 'lope To Benefit To Benefit Benefit Funds (show source) Funds La WATER SYSTEM IMPROVEMENTS Replace undersized and deteriorating water mains 1 202 143 70.79% $105,560 -0- $105,560 lb SEWER SYSTEM IMPROVEMENTS Replace undersized and deteriorating sewer mains, manholes, &service Utility Fund connections • 1 700 522 74.62% $144,440 $232,870 $377,310 � . I 30. • ENGINEERING/ARCHITECTURAL ' N/A N/A N/A Local Funds _ Services- Basic Services 1 $-0- $44,000 $44,000 Special Services $-0- $19,300 $19,300 • Local Funds • 32. GENERAL ADMINISTRATION 1 NIA , NIA N/A $-0 $20,000 $20,000 • TOTAL 758 557 NA $250,000 $316,170 $566,170 ADMINISTRATIVE FUNDS ARE LIMITED TO 16% OF THE TOTAL TCDP CONSTRUCTION DOLLARS REQUESTED TYPE CONTRACT=1 FORCE ACCOUNT LABOR=2 COMBINATION=3 1 i ag ommenicati an for� � r, 9,95 Proposal tar Public Offiddit:Liabilityliiturame ISSUE Council is requested to discuss and consider acceptance of a proposal to provide Public Officials Liability Insurance coverage. BACKGROUND The City currently has Public Officials Liability coverage (also referred to as Errors and Omissions Liability) with National Casualty Insurance Company, by arrangement with Wylie Insurance Agency. The current policy expires this month and proposals have been solicited to provide coverage for the next year. In addition to the renewal quote from National Casualty, a proposal has been submitted by the Texas Municipal League Intergovernmental Risk Pool to provide the same coverage. Both of these proposals offer substantially identical liability coverage for errors and omissions or "wrongful acts". Wrongful acts are defined as "...any actual or alleged error, misstatement, misleading statement, act or omission, neglect or breach of duty including misfeasance, malfeasance or nonfeasance, including wrongful acts relating to the administration of employee benefits...and employment practices including but not limited to hiring or failure to hire, improper dismissal or discipline, improper promotion or failure to promote, discrimination in employment practices or allegations related to such employment practices of the member by a member or covered party while acting in his or her official capacity...". This insurance covers any elected or appointed official or employee, whether paid or volunteer, for damage claims up to a liability limit of$1,000,000 with an aggregate limit of $2,000,000. There is a$5,000 deductible amount. The proposed annual premium from National Casualty Insurance is $9,226. The prior year's premium from the same insurer was $8,512. The annual contribution to the TML Risk Pool for E & 0 coverage would be $9,897. There are certain package credits available from TML which impact the evaluation and cost analysis of the two proposals (see Financial Considerations). FINANCIAL CONSIDERATIONS TML, which is currently the City's provider for Workers Compensation, Property/General Liability and Auto insurance, offers a three per cent credit on workers compensation rates to any entity which also carries errors and omissions liability. The estimated workers comp credit of $2,700 would result in a net savings to the City of$2,029 if the E & 0 coverage is accepted. Consequently, the proposed package credit would more than offset the small additional cost of the liability premium as compared to the National Casualty quote. RECOMMENDATION Although the Risk Pool contribution is somewhat higher than the rate quoted by National Casualty, the workers comp credit and resulting net savings of approximately $2,000 tend to make the TML proposal the more advantageous of the two submittals. Staff, therefore, recommends that Council accept the proposal from the TML Intergovernmental Risk Pool to provide Errors and Omissions Liability Insurance for a one year period at a total annual contribution of $9,897. -MAAC .e'&-14•01 Prepared By: t/%(k. t,.(°.sm n Approved By:r PP .:*L. -6 a r1 aml � Kean*traction of PI asaat Vo11a Road Ili - '� Issue The attached agreement between the City of Wylie and Dallas County is to provide for the reconstruction of a section of Pleasant Valley Road starting at Elm Grove Road. The reconstruction work will be accomplished by Dallas County work crews. Background This reconstruction is scheduled to be completed by September, 1995. The estimated material, equipment and labor cost is $16,021.19. Dallas County will complete the work with the City sharing 50% of the cost. In order to proceed with the reconstruction, the City is to complete the City/County Agreement and place one half of the estimate in escrow with Dallas County. Financial Considerations The City will place $8,010.60 in escrow with Dallas County. Upon completion, the unused portion of the funds will be returned to the City. Staff Recommendations The staff recommends the City Council authorize the City Manager to sign the City/County Agreement in order to begin reconstruction work as soon as possible. Attachments - Letter from Raymond Morgan, Road & Bridge District #2, Dallas County City/County Agreement Estimate of Reconstruction Costs dated June 21, 1995 1c\J LG cAmy Prepared by Approved by