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03-09-2010 (City Council) Agenda Packet Wylie City Council CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda March 9, 2010 - 6:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Bennie Jones Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www_rvvlietexasg>v within the required time frame. .4s a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlictexus gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of-the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8 170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION • Presentation to 4th Six Weeks Star Students—Character Trait of"Trustworthiness". (Mayor/Council) March 9, 2010 Wylie City Council Regular Meeting Agenda Page 2 of 5 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 he 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 he 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 February 23, 2010 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Replat for Ben Nobles Addition. Subject property being generally located on the northwest corner of Thomas Street and Pirate Drive. (R. 011ie, Planning Director) C. Consider, and act upon, Resolution No. 2010-12(R) authorizing the appointment of Art Maldonado as Wylie Municipal Court Judge for a two year term effective April 1, 2010 — March 31, 2012, setting terms and stipend of service. (J. Butters, Assistant City Manager). D. Consider, and act upon, Resolution No. 2010-13(R) authorizing the City Manager to enter into an Interlocal Agreement with Collin County regarding the construction of FM 1378 from FM 544 to Brown Street. (C. Holsted, City Engineer) REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, amending the zoning from Single-Family 10/24 (SF-10/24) District to Single-Family 10/24 (SF-10/24) with Specific Use Permit (SUP) for a Daycare Facility (SF-10/24 -w/SUP) District, generally located south of Stone Road and west of Thomas Street. ZC 2010-01 (R. 011ie, Planning Director) Executive Summary The Zoning Ordinance requires Planning&Zoning Commission and City Council oversight(SUP) for Day Care Facilities within Single Family(SF) districts. The applicant is requesting a Specific Use Peiniit SUP to allow for a Day Care Facility to be located on the northwest corner of Pirate Drive and Thomas Street. Currently, the 2.599-acre tract is zoned SF-10/24 and undeveloped. The location of the main structure is shown on the attached zoning exhibit. 2. Hold a Public Hearing and consider, and act upon, Ordinance No. 2010-03 adopting the Standards of Care for Youth Programs. (R.Diaz, Recreation Supervisor) Executive Summary Since the inception of the summer youth programs in 2000, the Standards of Care have been reviewed yearly and adopted as an ordinance in order to comply with the Texas Human Resources Code, Section 42.041 (b)(14). March 9, 2010 Wylie City Council Regular Meeting Agenda Page 3 of 5 General Business PRESENTATION • Presentation of the final art design for the new Wylie Muncipal Complex, Site #1 Art Project. (C. Ehrlich, City Secretary, Steve Gillman, Artist) REGULAR AGENDA 3. Consider, and act upon, the final artist and art design for the new Wylie Muncipal Complex Art Project, Site #1 and authorizing the City Manager to execute a contract to commission the art. (C. Ehrlich, City Secretary, S. Matthews, PAAB Chair) Executive Summary In October of 2009, the Public Arts Advisory Board published a "Call for Artists" to the Public Art Network website for two art projects for the new Wylie Municipal Complex. In response to that call, the city received 155 artist responses for two art sites at the new Wylie Municipal Complex. Site #1 was budgeted at$200,000 and will be placed in the parking median directly in front of the Recreation Center. PRESENTATION • Presentation of the final art design for the new Wylie Muncipal Complex, Site #2 Art Project. (C. Ehrlich, City Secretary, Louise Bertelsen/Po Shu Wang LivingLenses, Artists) REGULAR AGENDA 4. Consider, and act upon, the final artist and art design for the new Wylie Muncipal Complex Art Project, Site #2 and authorizing the City Manager to execute a contract to commission the art. (C. Ehrlich, City Secretary, S. Matthews, PAAB Chair) Executive Summary In October of 2009, the Public Arts Advisory Board published a "Call for Artists" to the Public Art Network website for two art projects for the new Wylie Municipal Complex. In response to that call, the city received 155 artist responses for two art sites at the new Wylie Municipal Complex. Site #2 was budgeted at $90,000 and will be placed in the back of the dog trot between the Library and Recreation Center. The focus of the project was to incorporate both buildings into the art. 5. Consider, and act upon, approval of the location of additional kiosk plazas in accordance with Ordinance 2009-21, Section 9.E. (R. 011ie, Planning Director) Executive Summary In moving forward in providing for homebuyers and citizens directions to the location of housing developments, public facilities and community events within the city, staff is presenting additional locations for the Kiosk program in accordance with Ordinance 2009-21. In accordance with Section 9.E, the approved sign contractor is seeking approval for additional locations to be placed within public rights- of-way. March 9, 2010 Wylie City Council Regular Meeting Agenda Page 4 of 5 6. Consider, and act upon, approval of a Shared Parking Agreement for 709 Business Way, Block 1, Lot 5R and 703 Business Way, Block 1, Lot 2R of the 544 Industrial Park Addition. (R. 011ie, Planning Director) Executive Summary The applicant is requesting approval for special parking alternatives whereby the balance of required parking spaces are located on a separate parcel from the lot on which the principal use is located. The Zoning Ordinance requires City Council review and approval for Shared Parking Alternatives. 7. Consider, and act upon, award of a construction contract, in the amount of $4,060,427.00, to Hasen Design, Build & Development, I nc. for the construction of the Founders Park Expansion and Renovation project. (M. Sferra, Public Services Director) Executive Summary On January 13, 2010, bids were received for the Founders Park Expansion and Renovation Project, a bond project that received voter approval in 2005. In the interim, the bids have been reviewed, the two low bidders have been interviewed by staff and the consultant, reference checks were conducted with satisfactory results, the City Attorney has reviewed the bid and contract documents, and the contractor agrees to all terms and conditions set forth. 8. Consider, and act upon, award of a construction contract, in the amount of $556,757.00, to Musco Sports Lighting, LLC for the installation of sports lighting as part of the Founders Park Improvements Project. (M. Sferra, Public Services Director) Executive Summary As part of the improvements to Founders Park, athletic field lighting for soccer, baseball/softball, volleyball, and basketball will be installed. The sports lighting components are provided by Musco Sports Lighting, LLC, an industry leader in this type of equipment. All equipment including installation costs are available through Buy Board, and therefore they have already been subject to the competitive bidding process. 9. Consider, and act upon, award of a construction contract, in the amount of $79,718.35, to USA Shade & Fabric Structures, Inc. for the installation of bleacher shade structures as part of the Founders Park Improvements Project. (M. Sferra, Public Services Director) Executive Summary As part of the improvements to Founders Park, athletic field lighting for soccer, baseball/softball, volleyball, and basketball will be installed. The sports lighting components are provided by Musco Sports Lighting, LLC, an industry leader in this type of equipment. All equipment including installation costs are available through Buy Board, and therefore they have already been subject to the competitive bidding process. 10. Consider, and act upon, award of a professional services contract, in the amount of $243,000.00, to Teague Nall and Perkins, Inc. for the design of Community Park Improvements. (M. Sferra, Public Services Director) Executive Summary On April 28, 2009, the City Council chose Teague Nall and Perkins, Inc. as the design firm for the Community Park Improvement project. On November 10, 2009, the City Council authorized the City Manager to enter into a contract with Teague Nall and Perkins, Inc. in the amount of $52,500 for field March 9, 2010 Wylie City Council Regular Meeting Agenda Page 5 of 5 design survey, preparation of conceptual exhibits, and participation in public meetings related to the project. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 5`" day of March, 2010 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 Minutes Wylie City Council Tuesday, February 23, 2010 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:05 p.m. with the following Wylie City Council members present: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilman Rick White, Councilman David Goss, Councilman Carter Porter and Councilman Bennie Jones. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City Engineer, Chris Holsted; Planning Director, Renae' 011ie; Police Chief, John Duscio; Finance Director, Linda Vaughan; Public Services Director, Mike Sferra; Construction Manager, Shane Colley; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Pro Tem Byboth gave the invocation and Boy Scout Troop 2062 presented the flags and led the Pledge of Allegiance. Troop members in attendance included: Alex Baker, Robert Thatcher, Weldon Hembree, Nathaniel Rodgers, Addison Rogers, Noah Whitworth, Ryan Rigby and Ben Jones. Scout Master Rex Jarvis and Assistant Scout Masters Jason Baker and Garrett Coles were also in attendance. PRESENTATION • Presentation of funds to the City of Wylie by Jerry Hoagland, Collin County Commissioner: • 2003 Bond Project—$2,302,1 10.93 for FM 1378 IN 2007 Bond and Open Space Project — $267,500.00 for Community Park Rehabilitation Project IN 2007 Bond Project with 2009 Funding - $500,000.00 for McMillan Road(Park Blvd.)from East of McCreary to FM1378 • 2008 Funding - $540,000.00 for Ballard Street from Alanis to County Line Road Minutes February 23, 2010 Wylie City Council Page 1 Collin County Commissioner Jerry Hoagland presented checks in the amounts listed above for various bond grants from Collin County to Mayor Hogue and the entire Wylie City Council. Special recognition was given to City Engineer Chris Hoisted for his work in submitting requests for the funding of these city projects. Mayor Hogue thanked Commissioner Hoagland and Collin County for their continued support to the City of Wylie. • Review and place on file the 2009 Wylie Police Department Annual Traffic Contact Report. (J. Duscio, Police Chief) Police Chief Duscio presented the 2009 Wylie Police Department Annual Traffic Contact Report. He explained that the 2009 crime rate per 1,000 population dropped by 4% overall. There was a decrease in violent crime of 41% over the previous year. He noted that the 2009 report meets and exceeds all requirement of SB 1074. 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. Michelle Blocker addressed council regarding de-annexation of her property located on Paul Wilson Road. 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 February 9, 2010 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the Monthly Revenue and Expenditure Reports for the City of Wylie for the period ending January 31, 2010. (L. Vaughn, Finance Director) C. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of January 31, 2010. (S. Satterwhite, Economic Development Executive Director) D. Consider, and act upon, Resolution No. 2010-09(R) amending Resolution No. 2010- 02(R) to correct the reference to a provision in the Texas Administrative Code in the last recital; and providing for an effective date. (M Manson, City Manager) 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 General Business Minutes February 23, 2010 Wylie City Council Page 2 Presentation • Presentation of the City of Wylie Comprehensive Annual Financial Report (CAFR) for FY 2008-2009. (Weaver and Tidwell, LLP, Audit Firm) Mr. John DeBurro representing Weaver and Tidwell, LLP, addressed council stating that Finance Director Vaughan and the finance department staff were very helpful assisting the firm with their annual audit. He stated that he was pleased to report the firm had given an "unqualified opinion" for Fiscal Year ending September 30, 2009 which is the highest level of assurance that there were no material misstatements found in the audit. Mr. DeBurro reviewed some of the fund balances and gave an overview of the audit. 1. Consider, and act upon, acceptance of the Comprehensive Annual Financial Report (CAFR) for FY 2008-2009. (L. Vaughn, Finance Director) Staff Comments Finance Director Linda Vaughan addressed council stating that City Charter in Article VII, Municipal Finance, Section 13: Independent Audit requires that at the end of the fiscal year an independent audit be made of all accounts of the City by a certified public accountant. In compliance with the City Charter, our outside auditor, Weaver and Tidwell, L.L.P. has performed an audit as of September 30, 2009 and completed the presentation to council. She asked that council consider acceptance of the audit in the form of a motion. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Goss to accept the Comprehensive Annual Financial Report (CAFR) for FY 2008-2009. A vote was taken and the motion passed 7-0. 2. Consider, and act upon, Resolution No. 2010-10(R) authorizing the City Manager to Execute the Wholesale Water Supply Contract ("Contract") by and between the City of Wylie and the City of Parker, and to Execute Exhibit "D" to the Contract which is the Interlocal Agreement for Disconnection of Parker Water Service Due to Nonpayment of City Sewer Charges by and between the City of Wylie and the City of Parker. (M. Sferra, Public Services Director) Staff Comments City Manager Manson addressed council stating that she was pleased to present a mutually agreed upon Wholesale Water Supply Contract and Disconnection Agreement between the City of Wylie and the City of Parker. She explained that approximately four years ago, the City of Wylie and the City of Parker sought to update their respective Water and Wastewater Certificates of Convenience and Necessity (CCN), and they have been coordinating with the Texas Commission on Environmental Quality to accomplish that task. A CCN defines the service area in which a utility provider may provide services. Both Wylie and Parker have agreed to the boundaries of their respective CCNs; however, Wylie currently provides potable water service to several customers located in the City of Parker's water CCN because Parker cannot provide the necessary water infrastructure at this time. She explained that once the required infrastructure was provided by Parker, the supply to those areas could be transferred to Parker. Council Discussion Councilman Porter asked if the City of Parker was charging those customers for the service. City Manager Manson explained that the City of Wylie grew into Parker's water supply in this area. The City of Minutes February 23, 2010 Wylie City Council Page 3 Wylie was receiving the revenues from the service provided to those customers. Councilman Porter asked who paid for the original infrastructure to provide water service to those customers. City Manager Manson reported that each property owner paid for their own infrastructure. Council Action A motion was made by Councilman White, seconded by Councilman Porter to adopt Resolution No. 2010-10(R) authorizing the City Manager to execute the Wholesale Water Supply Contract by and between the City of Wylie and the City of Parker, and to execute Exhibit "D" to the contract which is the Interlocal Agreement for Disconnection of Parker Water Service due to Nonpayment of City Sewer Charges by and between the City of Wylie and the City of Parker. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, Resolution No. 2010-11(R) evidencing support for a proposed senior assisted living community to be built in Wylie by the Sphinx Development Corporation. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the applicant Sphinx Development Corporation is seeking to apply for Housing Tax Credits through the Texas Department of Housing and Community Affairs which would allow the rents to remain relatively low for the specified income restricted senior residents. The proposed Senior Living Facilities would be located south of Brown Street (F.M. 3412) and west of Westgate Way as is restricted to the head of household being 55 years of age or older. She noted that the proposed resolution only indicates the support by the city for the project. Any platting and zoning would be addressed at a later date. Council I Applicant Discussion Mayor Pro Tem Byboth asked if all members of the household were required to be over 55 years of age. Planning Director 011ie replied that it was her belief that once the tax credit was issued it would be required that residents were 55 years of age or older. Joe Aqumadu (applicant), residing at 7635 Tanglechent Dr., Dallas, Texas, addressed council stating that all residents residing within the development would be required to be 55 years of age or older. He reported that research had been obtained by the developer showing that 480 housing units would be needed within this area for 55 years and older. He explained the proposed development would be approximately 120 residential units. Mayor Pro Tem Byboth asked if there was a limit of time that the restriction would be required by the state. Mr. Agumadu stated that the minimum time the development would require age restriction would be 20 years. He reported that Sphinx Development Corporation was applying for a 40 year term. Mayor Hogue asked what would happen after that time. Mr. Agumadu reported that the property would no longer require that restriction. Mr. Agumadu noted that he would apply for a planned development zoning if the application was approved by TDHCA. He asked that council consider support of the proposed resolution so the application process could move forward. Council Action A motion was made by Councilman Porter, seconded by Councilman Jones to adopt Resolution No. 2010-11(R) evidencing support for a proposed senior assisted living community to be built in Wylie by the Sphinx Development Corporation. A vote was taken and the motion passed 7-0. Mayor Hogue convened into work session at 7:15 p.m. All council members were present. Minutes February 23, 2010 Wylie City Council Page 4 WORK SESSION • Discussion, input and direction with Holzman Moss and ArchiTEXAS regarding the new Municipal Complex Construction, to include: o Review/ approval of designs and mock-ups for the custom light fixtures o Review/approval of final furniture changes o Review/approval of miscellaneous construction items Doug Moss (Holzman Moss) and Craig Melde (ArchiTEXAS) presented several options for furniture and light fixtures for the new Municipal Complex. Direction from council was given regarding the furniture and fixtures, and all within the construction budget. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue convened into Regular Session at 8:35 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Porter, seconded by Mayor Pro Tem Byboth to adjourn the meeting at 8:37 p.m. Consensus of the council was to adjourn. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes February 23, 2010 Wylie City Council Page 5 Wylie City Council 7 AGENDA REPORT CITY OF v YLIE Meeting Date: March 09, 2010 Item Number: B (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: March 2,2010 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, a Replat for Ben Nobles Addition. Subject property being generally located on the northwest corner of Thomas Street and Pirate Drive. Recommendation Motion to approve a Replat for Ben Nobles Addition. Subject property being generally located on the northwest corner of Thomas Street and Pirate Drive. Discussion The property totals 2.599 acres and would create one residential lot. The property is zoned Single Family (SF10/24) and was originally plated as Lots 3 and 4 of the 'Ben Nobles Addition' in May 2006. However,those lots were never developed by the original owner. This replat represents the 1st Phase of the applicant's intent to develop this property for a Daycare Use. The applicant has a Special Use Permit(SUP)that is on the current agenda. Lots 1 and 2 of the original Ben Nobles Addition, which the applicant also has ownership of will not be developed at this time. In summary,this Plat meets the technical requirements of the City of Wylie. Planning Commission voted 6-0 to recommend approval of the Replat. Approved By Initial Date Department Director li RO 03/02/10 t City Manager s t Page"1 of 1 , PROPERTY OWNERS CERTIFICATE --t-4 I I I ,tATE OF TEXAS § I i ' COUN,L OF COLL. I , , I W,.,'W I ot WW1,COT,County.Nixt,cw-ld be,ot1 of Lot 3 wrw)Lot 6.Bnx,A,Ben WO.AddltloT.nn oduTtlen tc tLe,ty Tf WW.e.,,,rwc,de,.,T, fultows .., I• ; %ire:r1r, ,:t,f,,, i,.5,.,,,:,,,,,,,,,;.„„v„;„; SE,SITINIK,Tt oT"x"w,,T a Conrratt handnon kound ro,tne sw,cast ca,Te,oI so,Lut T and ti-,,,,,,,,,,,,,,,,e,o,,,,t,Dr7 ,.,,,,,,, ,V i .P C., 1 Pnrrt. 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MINTY C,coi,g,§ Rey,stered,rateasianwt Land$urvilyTr.4Tuw,to me to Oe og,XersOn xrase.IroMe.sub5Crnand to the tore,TT9 ITstr•Lment uwai ocnnuwlelt,w1 t.T1,th.bT n"nCutn.t.nOn.1,t5n PurPo,e on',ToTvd.ToboTT t,er<T,ewtTew,Td ':,°;`3,7-g4,7:7•;;;:1''''"""""'"''' .D.'" , ,...,,,,, ,,,•4' -D.10112030131161:11 u444 under Iny huTd ond..ot of atke,thls the doy of .20,0 AO,.FOR COTT:tRUCWON• "IIIITOI-ITIo ,444,ctm'rs,.,VtE,,---,..--.,.--„,,--„-,-- REPLAT i; --`-'7,---s,,;.i.•,.' 25051 -11i5-951.75iTi1X%nrr4111/M° ,n 55 N.P.P.,51 15.1511,.,PIP 1,'0,5 - PPCT.. 8951.11 25,0tt-111-5;1151'sw,c 5 4555,11. 35,V My Gurnw,svon Ewpwes Cm 02/,/20t t MEDEIROS ADDITION gigggig.,,ggg,ggg ;;' oTII 'TI '1. 4'4' v.L;.zr.=. :::-- 1.57-5,55.- 25001 8991 1365 --,••••igig'5,"‘g, ,,,w 1 1 ;;Ng: °.:, At'g '..T:..---1-'gr°44.- '..3,:. LOT L BLOCK A t IR, 5105 ROO Mr. g C''" -1-10-731555.20 15.051 tig ,g, X 751.E5TPIT11,1XX11 8E02 A itr.FLAT OF LOI 3 AND LOT 4.BLOCK A. RUN NOBLES ADDITION N 90 CABINET 2006,SLIDE 420.M R.0 C T.(late O fES• CRIFFITH CO.,EEC AND HEINt, I 607...nue Ei Coord,noles.Pru,ectlofT Stute iTtanw NAO. t,..,wew.tx 75T73 2.599 AC RES , 1,,,,,,,.North 5555nat 2aTe,620.2.Lornbw, I903)295-I56U 1 -.1' ce,,ns trwrt the toregonw Re,Tt of Ina{TR,BAPTIST CTTROI ATOM°, wn ouo,on.ro tne Oty of own,xns wpm,.ta tne at,Coun,on tn. Conform.Co,.Feet C,X.3-NCT) FAX(903)295-I570 NOY. SetIog n pwrt..,af tiTIT SITUATED(N THE viatollen ot City Ordoollee ono stomped"GWWWFTILI 4.6"unte.otherwise L,,,,ER/DEVEt OPER PREDERICO MEISEDia ALLIN AITEBERY SURVEY,A 4'S Xnt 1511th 1n 11,11',P.nn,P1Ot and ggo cgg,ggthg-author,.tn. note, 9 09 0 09 99 90000 099 um)wIthh.ing ut TEXA lies and , , /09 LOC.Ata CT CITY OF BYLIE s. ut B-, ,,, ,, .f ,r.0,1(,,I...„,.., COLLIN COUNTY, S \ Oepct the sawer ond Thonnel eo,erwellts au, WTLW:,TX 75098 20t0 tbe son°,end nt Lot 6.,Blo,A:abaTdaT the CONTAT,BRTAN ROf...5 ENGINEERING CONCEPTS Pr DESIGN, I.P. 'S, tO0'puittlIng Wne otong the east wde af Lot 3 BUM,VESt.HESOURSES LLC 61.1.X.111,1510.55 11.Plinr5515/117CoN16111551101,1 ,Lat,and to Combine Lot 3 owd Lot 4 P 0 Bo.1454 sanic. VICINITY MAP into Medelrow Addn,Lot I.Eitic A. WYLtE,TX 75098 zwwf j:X.g=.eg:rg=•ggg .f 5 11tlYr'1'1;17.711x+ox (2t 4)173-6460 7Wylie •City •Council CITY OF WYL-IE AGENDA REPORT Meeting Date: March 9, 2010 Item Number: C Department: Municipal Court (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: 01/20/2010 Budgeted Amount: Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2010-12(R) authorizing the appointment of Art Maldonado as Wylie Municipal Court Judge for a two year term effective April 1, 2010 - March 31, 2012, setting terms and stipend of service. Recommendation Motion to approve Resolution No. 2010-12(R) authorizing the appointment of Art Maldonado as Wylie Municipal Court Judge for a two year term effective April 1, 2010 -March 31, 2012, setting terms and stipend of service. Discussion Article IV, Section 3b of the City of Wylie Charter states "The city council shall,appoint a judge of the municipal court, who shall be a competent, duly qualified, licensed attorney in the State of Texas. The judge of the municipal court shall be appointed to a term of two years, and may be appointed to additional and consecutive terms, upon completion of his term of office. The appointment of the judge may be terminated by a majority vote of the city council. The judge shall receive compensation as may be determined by the city council. This compensation shall be fixed, and commensurate with the duties performed by the judge. " Judge Art Maldonado was appointed to a term of service as Wylie Municipal Court Judge effective January 1, 2008 with the term expiring March 31, 2010. Judge Maldonado has done a good job, worked with staff effectively, and improved the operation of the court. Staff recommends the appointment of Judge Maldonado to another two year term. Judge Maldonado has indicated that he would like to serve an additional two years. Judge Maldonado's monthly stipend of$866.00 would remain the same. Approved By Initial Date Department Director JB 1/21/10 City Manager i 1 ;' c xi; Page 1 of 1 RESOLUTION NO. 2010-12(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE APPOINTMENT OF ART MALDONADO AS THE CITY OF WYLIE MUNICIPAL COURT JUDGE. WHEREAS, the City of Wylie has determined that a Municipal Court Judge is necessary to perform the judicial functions of the Municipal Court of the City of Wylie; and WHEREAS,the City desires to appoint Art Maldonado as the Municipal Court Judge for the City of Wylie; and WHEREAS,the effective term of service for the Municipal Court Judge shall be April 1, 2010-March 31, 2012 with subsequent two year terms; and WHEREAS, reimbursable services of the Municipal Court Judge by the City of Wylie shall constitute all time spent on any matters assigned including conference, telephone calls, investigation, drafting of documents, correspondence, negotiations, legal research and travel to conduct City of Wylie municipal court business; and WHEREAS, a monthly stipend of $866.00 will be provided by the City of Wylie for such services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: Section 1. That the City Council authorizes the appointment of Art Maldonado as City of Wylie Municipal Court Judge for a two year term effective April 1, 2010-March 31, 2012 with a monthly stipend of $866.00 for services as the City of Wylie Municipal Court Judge with subsequent two year terms provided. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 9th day of March, 2010. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No. 2010-12(R) Appointment of Municipal Court Judge 7 Wylie City Council C T OF I,IE AGENDA REPORT Meeting Date: March 9, 2010 Item Number: D Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: March 2, 2010 Budgeted Amount: N/A Exhibits: Resolution,ILA Subject Consider, and act upon, Resolution No. 2010-13(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County regarding the construction of FM 1378 from FM 544 to Brown Street. Recommendation Motion to approve Resolution No. 2010-13(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County regarding the construction of FM 1378 from FM 544 to Brown Street. Discussion The 1999 City of Wylie and Collin County Bond Programs included $1,032,000 for the construction of FM 1378 from FM 544 to Brown Street. The project consists of constructing a 6-lane divided concrete roadway, a distance of approximately 3,300 feet. The improvements also include construction of underground storm sewer facilities, sidewalks,and a traffic signal at the Brown Street intersection. Collin County funded the design and right of way acquisition for the project and the City funded the relocation of the 14" NTMWD water transmission line and the construction of a portion of the roadway for the new City facilities. Collin County secured $7,463,905 of funding from the SH 121 Subaccount for the construction of the roadway and bids were opened on January 21, 2010. The award of the construction contract is scheduled for consideration at the.March 23rd Council meeting. Approval of the Resolution authorizes the City Manager to execute the agreement. Approved By Initial, Date Department Director CH 3/3/10, z City Manager ;II: a q91 , Pagel of 1 RESOLUTION NO. 2010-13(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 INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF FM 1378 FROM FM 544 TO BROWN STREET. 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 Interlocal Agreement between Collin County and the City of Wylie concerning the construction of FM 1378 from FM 544 to Brown Street, SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 9th day of March, 2010. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No. 2010-13(R) Interlocal Agreement with Collin County Construction of FM1378 from FM544 to Brown Street 1 EXHIBIT "A" Interlocal Agreement Resolution No. 2010-13(R) Interlocal Agreement with Collin County Construction of FM 1378 from FM544 to Brown Street 2 INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF FM 1378 FROM FM 544 TO BROWN STREET, 1999 BOND PROJECT#99-102 WHEREAS, the County of Collin,Texas("County")and the City of Wylie,Texas("City")desire to enter into an agreement concerning the construction of improvements to FM 1378 from FM 544 to Brown Street (the"Project") in Collin, Collin County,Texas; and WHEREAS, the Interlocal Cooperation Act(Texas Government Code Chapter 791)authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS,the RTC has selected the Project to be funded from the SH 121 Subaccount, and the Commission concurred in the selection and authorized the expenditure of money in Minute Order No. 112121, Dated January 28,2010; and WHEREAS,the County has executed an Advance Funding Agreement for the project using funds held in the State Highway 121 Subaccount; and WHEREAS,$7,463,905.00 will be released to Collin County for construction of the project per the Advance Funding Agreement; and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this agreement. NOW,THEREFORE,this agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall arrange to construct improvements to FM 1378,hereinafter called the"Project". The Project shall consist of constructing a 6-lane divided concrete roadway, a distance of approximately 3,400 feet. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements have been designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. Collin County prepared plans and specifications for the improvements. The City has accepted bids and awarded a contract to construct the improvements and will administer the construction contract. In all such activities, the City shall comply with all state statutory requirements. The City shall provide the County with a copy of the executed construction contract(s) for the Project. ARTICLE III. The County and City have acquired all necessary right-of-way for the Project. ARTICLE IV. The County agrees to fund the construction of the improvements. The County shall remit $3,233,598.46 to the City within thirty(30)days after the City issues a Notice to proceed to the lowest 1 responsible bidder and the City requests the funds. The County shall also remit any additional funds as necessary to cover any approved construction change orders for the Project. Following completion of the Project,the City shall provide 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 City shall remit to the County 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. The"total cost of the Project"shall include land acquisition, engineering,construction, inspection, testing,street lighting,and construction administration costs including contingencies. ARTICLE V. The County's participation in the Project shall not exceed$7,463,905. ARTICLE VI. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty(30)days until Project completion. ARTICLE VII. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VIII. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW,EACH PARTY AGREES TO RELEASE,DEFEND,INDEMNIFY,AND HOLD HARMLESS THE OTHER(AND ITS OFFICERS, AGENTS,AND EMPLOYEES)FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH),PROPERTY DAMAGES (INCLUDING LOSS OF USE),AND ANY OTHER LOSSES,DEMANDS,SUITS,JUDGMENTS AND COSTS,INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF,RELATED TO,OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT,OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS,AGENTS, EMPLOYEES,OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE)IN CONNECTION WITH PERFORMING THIS AGREEMENT. ARTICLE IX. VENUE. The laws of the State of Texas shall govern the interpretation,validity,performance and enforcement of this agreement. The parties agree that this agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County,Texas. ARTICLE X. SEVERABILITY. The provisions of this agreement are severable. If any paragraph,section, subdivision,sentence,clause,or phrase of this agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE XI. ENTIRE AGREEMENT. This agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. 2 ARTICLE XII. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto,their successors, heirs,personal representatives and assigns. Neither party will assign or transfer an interest in this agreement without the written consent of the other party. ARTICLE XIII. IMMUNITY. It is expressly understood and agreed that, in the execution of this agreement, neither party waives,nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this agreement, the parties do not create any obligations,express or implied,other that those set forth herein,and this agreement shall not create any rights in parties not signatories hereto. ARTICLE XIV. TERM. This agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This agreement shall automatically renew annually during this period. APPROVED AS TO FORM: COUNTY OF COLLIN,TEXAS By: By: Name: Name: Title: Title: County Judge Date: Date: Executed on this day of 2010,by the County of Collin, pursuant to Commissioners' Court Order No. ATTEST: CITY OF WYLIE,TEXAS By: By: Name: Carole Ehrlich Name: Mindy Manson Title: City Secretary Title: City Manager Date: Date: Executed on behalf of the City of Wylie pursuant to City Council Resolution No. APPROVED AS TO FORM: By: Name: Title: City Attorney Date: 3 Wylie City Council N__,ITY" OFYLIE 0 IA/ AGENDA REPORT v v 11,-- Meeting Date: March 9, 2010 Item Number: 1 . (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: March 3, 2010 Budgeted Amount: Exhibits: Six Subject Hold a Public Hearing and consider, and act upon, amending the zoning from Single Family 10/24 (SF-10/24) District to Single Family with Specific Use Permit (SUP) for a Day Care Use (SF-10/24 -w/SUP) District to be located on the northwest corner of Pirate Drive and Thomas Street. ZC 2010-01 Recommendation Motion to approve amending the zoning from Single Family 10/24 (SF-10/24) District to Single Family with Specific Use Permit (SUP) for a Day Care Use (SF-10/24 -w/SUP) District to be located on the northwest corner of Pirate Drive and Thomas Street. ZC 2010-01 Discussion Owner: Mr. Frederico Medeiros Applicant: Mr. Frederico Medeiros The Zoning Ordinance requires Planning & Zoning Commission and City Council oversight (SUP) for Day Care Facilities within Single Family(SF) districts. The applicant is requesting a Specific Use Permit SUP to allow for a Day Care Facility to be located on the northwest corner of Pirate Drive and Thomas Street. Currently, the 2.599-acre tract is zoned SF-10/24 and undeveloped. The location of the main structure is shown on the attached zoning exhibit. The property has residential properties to the west; undeveloped land, owned by the applicant, to the north; a residential structure and undeveloped land, owned and used by a church to the east, and City property that currently contains a City park and the City Library to the south. Twenty-six (26) notifications were mailed to property owners within 200 feet in accordance with State Law. As of February 16, 2010 zero (0) responses were received in regards to the requested zoning change. Zoning request signs were provided and properly placed in accordance with Article 8, Section 8.1.3 Posting property for zoning changes. PLANNING COMMISSION DISCUSSION The Commission briefly discussed the conditions of the SUP to ensure that any future expansion on the subject lot was incidental to the day care and that any additional uses would require approval from the Commission/Council. Exhibit "B" outlines those conditions and shall be made part of the Ordinance if approved. Page 1 of 2 Page 2 of 2 SUP Condition #1 was modified to read: The intent of this Specific Use Permit (SUP) is to allow.for a Day Care Facility with future expansion of the day care on the remainder of the property to provide a positive asset to the neighborhood. In lieu of reading: The intent of this Special Use Permit (SUP) is to allow for Day Care Facility with future expansion of the project across the remainder of the property to provide a positive asset to the neighborhood. Planning and Zoning Commission voted 5-0 to recommend approval. Approved By Initial Date Department Director RO 03/03/10 City Manager ir 3 w' `r ..'_,,--/ : Lai :,0 UM pr. 0011111 -1111111!" ,, i LINJIMbilitall ni .40.„,, ,,,,, „,..„ . I a _ .4mow , . a i____ - zpor mos err.. :; + #"'- �'� "'�'' �1�� 2 ■ II_JJ� " .. . •1 I I* ' '11011`no Orom'a"---.4 n k„. ,.,...,,„11$11._1/4114 '11 al*al mown Ili 161 in nom iiii. _ CD Fa.....m.:3C'. u..e .. ___ „...._ * i! "T ' LE. ow L r T k I llillbMM I r:.,%.1 wi maw s i : '...IP 42;11111MIMMUnli NI il 7'-', :itit: -7—77 7 7"''-9--- I- 02 r All MUM. 111111111111011 EN' IV ii Iiii 1***4 ,s's Ill 11 11 Ell 1.111011011101111VIIMII cilill'''' ��* Q ..1 '', gil l I 11 I lIl 111 IN gal 11111.11111111110111111111111111116 sy _ .... ini M\ rt(� 1 41anD aoa n c 4 ano a/lIlllllllllll I Imam. . �rl _.._. !III�r ek /\r U !'i'i atll a l�1 Jrrrrrrr��r_m =:}. . - i ,.. .,�....a _ t 11 UI I J iIa/�'allllU1lUlllll HMO .. ®,l�l C I ,-` j ( � 1�111 11.,. .. s !L'lIIll 11111/I Nw •. .1/ .. a►n �� ' Vr • r ( �Mill V 1 Minlnlll pi i �mg�■ / `�' r?? e,_pens PUO,a I11111III11IIIIU 1 �' l'"gi .I,T� Gar �— .. i�c�� ri.. _. Nq 11111IIII/IIIiii1111/1111u>III 7 1111I -, J -- rl 11 I ` N. IIi1 ;Rua a ' nl Ill 1, 1 oIJlllIl1l11i111/ni1l11itlnlll . Z ` _._._._.. ._ 1111I 1lllilll11111111f111 um , It1 ILLI / MI C�Tl1 l 111 J 111NI�11.; LI1r `�111l 11 a11I111>fltum imi llff llI7•/* lifii et �y Q anusny puW Onv?ny poi•c II■111 11111I IIIIIIIII 8J111i qJ 111fIIIIIlt1 1111III ? nnilIJl 111111°J1111111I' • °`gps Erm II C ■'"; pp. j_ii . mil anu 409 0 aml( Ir ,l, 1— I I i I 1 1 0 5 . , _ _.t11 mm �. vim e ; [ rj�,i E LEZ3 ; Il __ S - Q // ED:Th /// ``--".( 4 pm o� u no. aP Vik m -* gnu?ni '' D oli :._.1 L . _ ,, ,,, ,"ss : _ tltlt y , a11111111/t1i1�IL --z EXHIBIT "A" SUPPLEMENTAL USE PERMIT(SUP) FOR THE MEDEIROS ADDITION (FORMERLY BEN NOBLES ADDITION) 2.599 ACRES LOCATED AT THE NW CORNER OF PIRATE &THOMAS Legal Description: BEGINNING at an "x" cut in a concrete headwall found for the southeast corner of said Lot 4 and the northeast corner of Pirate Drive (Lanny Earl Hale Street), an 84.31 ft. right-of-way, shown on the W.I.S.D. Center Addition, an addition to the City of Wylie, as recorded in Cabinet 2007,Slide 108 of said Map Records; THENCE North 74 degrees 33 minutes 27 seconds West, with the northeast right-of-way line of said Lanny Earl Hale Street and the southwest boundary line of said Lot 4,a distance of 528.18 feet to a 1/2- inch iron rod with cap stamped "PRECISE"found for the southwest corner of said Lot 4, said corner being in the east right-of-way line of a 15 ft.Alley, shown on Caldwell Estates, an addition to the City of Wylie, as recorded in Volume 4, Page 40 of said Map Records; THENCE North 00 degrees 15 minutes 41 seconds West, with the common boundary line of said Lots 3, said Lot 4 and said Alley, a distance of 152.43 feet to a 1/2-inch iron rod with cap stamped "PRECISE" found for the northwest corner of said Lot 3 and the southwest corner of Lot 2, shown on said Medeiros Addition replat; THENCE North 89 degrees 56 minutes 50 seconds East,with the common boundary line of said Lot 2 and said Lot 3, a distance of 507.42 feet to a 1/2-inch iron rod with cap stamped "NDM"found for the northeast corner of said Lot 3 and the southeast corner of said Lot 2, said corner being on the west right-of-way line of Thomas Street, an apparent 50 ft. right-of-way (No Record Found); THENCE South 00 degrees 27 minutes 57 seconds East,with the common boundary line of said Lot 3, said Lot 4 and said Thomas Street, a distance of 293.55 feet to the PLACE OF BEGINNING AND CONTAINING 113,228 square feet or 2.599 acres of land. N 0015'41" W 152.43' 15' ALLEY I `25 b. / / / / / eoa / ., i / I rO / i ro / o n/ y NI / t - > b / - - - -f Z I H J �� C / I/ I T W ( CO / 0 / 1 -IG I / 2 1 m TI n 1 o ASo jl1 / / , f -1-- -f ,�, / 111 %w iZ / I I _ /ti. o s I I // //� ' N e :r m I CV // / r r r%' G r / A / i A -oA 11 r . r / LOADING ZONE 24'LANE r l I' / I l / 24'LANE / / / 125 B / / // 00'27'57" E 293.55' THOMAS STREET _ (APPAREN*50'P.0.w% ,- ' T NO RECORC FOUND M!:iek'1 V.7z,..g! „':'-'A.;,,., g orn m ,,,�o, a0 r ,� I mo` w p o v 8 nt H n w °£m N 3 ,\, r m ^I� XXA X v:� _ m ii Q Y Amz m �u A O al III ZONINGEXt/I1917 iBCTTER DESIGN RESOURCES i MEDEIROS ADDITfON,LOT 1 BLOCK A.'_S99 ACRES P.O. BOX 1454 WYLIE TX 75098 EXHIBIT "C" Conditions of the Specific Use Permit for Day Care Facility 1. The intent of this Specific Use Permit (SUP) is to allow for a Day Care Facility with future expansion of the day care on the remainder of the property to provide a positive asset to the neighborhood. 2. Incidental accessory uses in conjunction with the operation of the primary use of day care facility are allowed subject to P&Z Commission's evaluation of impact upon surrounding properties. 3. Minimum buffering, screening and landscape setbacks shall be established and adopted as part of the zoning exhibit. 4. Issuance of SUP for Day Care on property shall closely conform to Zoning Exhibit'6'. S. A Site Plan, including any and all changes, shall require P&Z Commission review&approval. 6. Day Care Center operations shall comply with Texas Department of Family and Protective Services minimum Childcare Standards& Regulations. NOTIFICATION ��U��m~� u�� n nn u�� o o��o� REPORT APPLICANT: Bryan Rogers of Better Design Resources, LU APPLICATION FILE 2O|O-Ol PD Box l454 Wylie, Texas 75098 ' # 3LK/ABS1 LOT/TRACT TAX U.D. # PROPERTY OWNER NAME ADDRESS Applicant- Bryan Rogers PO Box l454 l Better Design Remourceo, LbC Wylie, Texas 75098 Ben Nobles Addn 7OV Logan Court 2 8|kA Lot l Q'9156-OOA-0010-1 FnedehooK4edehox VYyie, Texas 75098 Ben Nobles Addn 7OP Logan Court 3 BlkA Lot R-9156-OOA-0020-1 Fm»dehooMedehoa Wylie, Texas 75098 Ben Nobles Addn 7OP Logan Court 4 B|kA Lot Q-9156-OOA'0030-1 FesdehcoMedehoa Wylie, Texas 75098 Ben Nobles Addn 7OP Logan Court 5 B|kA Lot Q-9156-OOA-0040-1 FmadehcoMedehoa Wylie, Texas 75098 Caldwell Estates 5Ol Hilltop Lane b 8|kl Lot Q-1159'001-0010-1 Tommy Mayberry Wylie, Texas 75098 Caldwell Estates 2012Pud*s Road 7 0k l Lot 2 Q-1 159-001-0020-1 Jonnem Uuefton St. Pou|, Texas 75098 Caldwell Estates 5O5 Hilltop Lane 8 0kl Lot Q-1159-001-0030-1 JenyVYeuthennon Wylie, Texas 75098 Caldwell Estates 2475 Vinson Road P 0kl Lot Q-1159-001-0040-1 Poetsohke Family Living Trust Wylie, Texas 75098 Caldwell Estates bOP Hilltop Lane lO 0kl Lot 5 A-1159-001-0050-1 Sonia Martinez Wylie, Texas 75098 Caldwell Estates 511 Hilltop Lane ll B|kl Lot R'1159-001-0060-1 Jackie Ellis Wylie, Texas 75098 Caldwell Estates 5l3 Hilltop Lane 12 0kl Lot 7 R-1159-001-0070-1 Kenneth Ellis Wylie, Texas 75098 Caldwell Estates 411 Duncan Way 13 B|k2 Lot22 Q-1159-002-0220'1 Ed*ordAluniz Wylie, Texas 75098 Caldwell Estates PO Box 28l 14 0k5 Lot Q-1159-005'0010-1 Billie Drummond Wylie, Texas 75098 BdddgeAddn PU Box b43 15 -- Lot R-1161-000-0040-1 VV.G. Houaevright Wylie,Texas 75098 EkjhdgeAddn 55lbSobcthoWay lb -- Lot R-1161-000'0050-1 HungPhonn Piano, Texas 75094 BdhdgeAddn 5ObE. Stone Road 17 -- Lot R-llbl-OOO-OObO-1 Ralph Vail Wylie, Texas 75098 EkjhdgeAddn Kimberly Wood 5O4E. Stone Road BdhdgeAddn 5O2E. Stone Road 19 — Lot 7A R-1161�0-007A-1 Karen Swaney Wylie, Texas 75098 EldhdgaAddn 5U2E. Stone Road 20 -' Lot R'llbl'OUO'OO7A'l Karen Swaney Wylie, Texas 75098 BdhdgeAddn 5O2E. Stone Road 21 -- Lot R'1161'000'007/+1 Karen Swaney Wylie, Texas 75098 VY|SID Center Addn. 951 S. Ballard Avenue 22 B|kA Lot R'9329'OOA'0010'1 Wy|ie|SD Wylie, Texas 75098 2OOO Highway 78North 23 Abst, 23 Tract 23 R'6023'000'0230'1 City ofWylie VVylie, Texas 75098 401 S. Birmingham Street#A 24 , Abd. 23 Tract 24 R'6023'000'0240-1 . YVotedb000kBib|e Fellowship VVy|e'Texas 75098 401 S. Birmingham Street#A 25 � Abst. 23 hnof25 R'6023'000'0250'1 YYoterbnookBib|e Fellowship Wylie, Texas 75098 401 S. 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''r r.;" ray �^," '' 2 ,r,' 17 Li- 't . i'ioo1� I �._ BRAR 1 I / 1 I iI OWNER NOTIFICATION MAP ZONING CASE #2010-01 7 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 9, 2010 Item Number: 2 Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: February 19,2010 Budgeted Amount: Exhibits: 3 SubSubject Hold a Public Hearing and consider, and act upon, Ordinance No. 2010-03 adopting the Standards of Care for Youth Programs. Recommendation Motion to approve Ordinance No. 2010-03 adopting the Standards of Care for Youth Programs. Discussion Since the inception of the summer youth programs in 2000, the Standards of Care have been reviewed yearly and adopted as an ordinance in order to comply with the Texas Human Resources Code, Section 42.041 (b)(14). The Texas Human Resources Code,Section 42.041 (a)(b)(14), states the following: (a) No person may operate a child-care facility or child-placing agency without a license issued by the department. (b) This section does not apply to: (14) Elementary age (ages 5-13) recreation programs operated by a municipality; provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs and that such standards are provided to the parents of each program participant. Such ordinances shall include at a minimum, staff ratios, minimum staff qualification, minimum facility and safety standards, and mechanisms for monitoring and enforcing the adopted local standards, further, provided that parents be informed the program is not licensed by the state and the program not be advertised as a childcare facility. The statute above determines that the City will become exempt from any licensing requirement from the Texas Department of Protective and Regulatory Services if City adopts Standards of Care establishing the following, 568612-1 Page 2 of 2 at a minimum: 1. Staff Ratios 2. Minimum Staff Requirements 3. Minimum facility, health, and safety standards 4. Monitoring and enforcement mechanisms for adopted local standards 5. A process to notify parents that the program is not licensed by the State 6. A policy that the program will not be advertised as a childcare facility Staff has made some changes to the current version of the ordinance. Staff reorganized the document and made the Standards easier to read. One major change is the staff to participant ratio going from 1-20 to 1-15 based on staff funding available. In order to provide a higher quality camp staff feels the ratio needs to decrease. Overall camp attendance was lower in 2009 due to the economy and different location site. The ordinance and Standards of Care provides the necessary guidelines for the regulation of the summer youth program, the Wylie Wave, as required by Texas Human Resources Code, Section 42.041 (b)(14). Approved By Initial Date Department Director MS 2/12/10 City Manager I 1! l ,1?/7 /(, 568612-I ORDINANCE NO. 2010-03 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING STANDARDS OF CARE FOR THE CITY OF WYLIE YOUTH PROGRAMS FOR 2010-2011; PROVIDING FOR A REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City of Wylie, Texas (the "City") will establish youth programs that provide a benefit and contribute to the overall well being of the City youth and their families; and WHEREAS, a hearing before the City Council of Wylie was set for March 9th, 2010, such date being at least seven (7) days after publication of the notice of such public hearing and said notice appearing in The Wylie News on February 24, 2010 and March 3'd 2010; and WHEREAS, the City adopts the 2010-2011 Standards of Care for its youth programs as required by Texas Human Resources Code § 42.041(b)(14). NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Section 2. Standards of Care. The Wylie Youth Programs Standards of Care are adopted as described in Attachment "A", hereto, pursuant to Texas Human Resources Code § 42.041. Section 3. Savings/Repealing. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. Section 4. Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. City hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause or phrase thereof regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Ordinance No.2010-03 Standards of Care Ordinance Page 1 568607.v1 Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption and publication as required by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 9th day of March, 2010. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary ATTEST: Abernathy Roeder Boyd & Joplin P.C. Courtney A. Kuykendall, City Attorney Date of publication in The Wylie News—March 17, 2010 Ordinance No. 2010-03 Standards of Care Ordinance Page 2 568607.v1 City of Wylie Youth Programs Sta n d a rd s of Ca re Year 2010 The following Standards of Care will be adopted by the City Council of the City of Wylie, Texas in order to comply with § 42.041(a)(b)(14), Texas Health and Safety Code, ("Standards of Care"). Standards of Care are intended to be minimum standards by which the City of Wylie Parks and Recreation Department will operate the City's Youth Programs ("Youth Programs"). The programs operated by the City are recreational in nature and are not day care programs licensed by the State of Texas. Terms and Definitions City: City of Wylie, Texas. City Council: City Council of the City of Wylie, Texas. Coordinator: City of Wylie Parks and Recreation Department full-time Recreation Supervisor assigned administrative responsibility for the Wylie Wave Summer Day Camp. Department: Parks and Recreation Department of the City of Wylie. Director: City of Wylie Public Services Director or his or her designee. Employee(s): People who have been hired to work for the City of Wylie and have been assigned responsibility for managing, administering, or implementing some portions of the Wylie Youth Programs. Participant(s): A youth whose Parent(s)/Legal Guardian(s) have completed all required registration procedures and who is determined to be eligible for a Wylie Youth Program. Parent(s)/Legal Guardian(s): Represent one or both parent(s) or adults who have legal custody and authority to enroll their child(ren) in the Wylie Youth Programs. Parent Manual: Wylie Youth Programs notebook of policies, procedures, required forms and organizational and programming information as relevant to the Parents/Legal Guardians. Program Site: Area and facilities where Wylie Youth Programs are held consisting of a Wylie Independent School District(W.I.S.D.)facility or City of Wylie properties. City of Wylie Parks and Recreation Department page 1 of 9 568613.v1 Youth Programs Standards of Care Year 2010 Site Supervisor, Assistant Site Supervisor and Program Leader: City of Wylie Parks and Recreation Department seasonal part-time employees who have been assigned responsibility to implement the City's Youth Programs. Staff Manual: Wylie Youth Programs notebook of policies, procedures, required forms and organizational and programming information as relevant to the Program Employees. Superintendent: City of Wylie Parks and Recreation Department full-time employee who has been assigned administrative oversight responsibility for the City's Youth Programs. Youth Program(s)or Program(s): City of Wylie recreational Youth Programs consisting of the Wylie Wave Summer Day Camp and future youth programs. I. General Administration A. Organization 1. The governing body of the City of Wylie Youth Programs is the Wylie City Council. 2. Implementation of the Youth Programs' Standards of Care is the responsibility of the City of Wylie Public Service Director and Department Employees. 3. The Youth Program to which this Standards of Care applies is the Wylie Wave Summer Day Camp. 4. Each Youth Program Site will have available for public and Employee review a current copy of the Standards of Care. 5. The Standards of Care are included in the Parent Manual, available online and through Department Employees. B. Inspections, Monitoring and Enforcement 1. A monthly inspection report will be initiated by the Site Supervisor of each Program to confiuin the Standards of Care are being adhered to. 2. Inspection reports will be sent to the Superintendent for review and kept on record for at least two years. 3. The Superintendent will review the Inspection reports and establish deadlines and criteria for compliance with the Standards of Care. 4. The Superintendent will make visual inspections of the Program twice during the Program's season. City of Wylie Parks and Recreation Department page 2 of 9 Youth Programs Standards of Care Year 2010 5. Complaints regarding enforcement of the Standards of Care will be directed to the Coordinator. The Coordinator will be responsible to take the necessary steps to resolve the problems. The Superintendent will record complaints regarding enforcement of the Standards of Care and their resolution. Serious complaints regarding enforcement of the Standards of Care will be addressed by the Director and the complaint and the resolution will be noted. 6. The Superintendent will make an annual report to the City Council on the overall status of the Youth Programs and their operation relative to compliance with the adopted Standards of Care. C. Enrollment 1. Before a child may be enrolled, a Parent/Legal Guardian must register the child and provide the following: a) name, address, home telephone number b) name and address of Parents/Legal Guardians and telephone numbers during Program hours c) the names and telephone numbers of people to whom the Participant may be released d) a statement of the Participant's medical conditions, medications and requested accommodations for special issues or needs e) proof of residency and/or proof of WISD enrollment when appropriate or requested by Program Employees f) a Waiver and Release form II. Employee Qualifications, Training and Responsibilities A. Qualifications 1. All Employees working in City of Wylie Parks and Recreation Programs must meet and adhere to the personnel qualifications which are required for the position. Job specifications will be available through the Department of Human Resources. City of Wylie Parks and Recreation Department page 3 of 9 Youth Programs Standards of Care Year 2010 2. Criminal background checks will be conducted on prospective Youth Program Employees. If results of that criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: a) a felony or a misdemeanor classified as an offense against a person or family b) a felony or misdemeanor classified as public indecency c) a felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance d) any offense involving moral turpitude e) a felony or misdemeanor classified as DWI (driving while intoxicated) or DUI(driving under the influence) f) any offense that would potentially put Participants or the City of Wylie at risk 3. Coordinator a) Job qualifications and responsibilities are available through the Department of Human Resources. See also appendix A. 4. Youth Program Site Supervisor, Assistant Site Supervisor and Program Leader a) Job qualifications and responsibilities are available through the Department of Human Resources. See also Appendix B. B. Training 1. Employees must participate in staff orientation and training programs designed to educate Employees in working with Participants and to inform them of specific job responsibilities. Each Employee will be provided with a Staff Manual and Standards of Care. 2. Employees must be familiar with the policies, procedures, discipline, guidance and release of Program Participants as illustrated in the Staff Manual. 3. Employees will be trained in appropriate procedures to handle emergencies. City of Wylie Parks and Recreation Department page 4 of 9 Youth Programs Standards of Care Year 2010 4. Employees will be trained in City, Department and Program policies and procedures, provision of recreation activities and safety. 5. Employees will be required to sign an acknowledgment that they received the required training. C. Responsibilities 1. Employees must relate to the Participants with courtesy, respect, tolerance and patience. 2. Employees will be responsible for providing Participants with a safe and wholesome environment for appropriate activities. III. Operations A. Program Standards 1. Participant to Employee Ratio a) The standard ratio of Participants to Employees will be 15 Participants to 1 Program Employee. b) In the event an Employee is unable to report to the Program Site, a replacement will be assigned. 2. Program Employees will attempt to provide activities for each group according to the Participants' ages, interests and abilities. The activities must also be appropriate to Participants' health, safety and well being. 3. Program Employees will attempt to provide activities that include: a) alternating active and passive activities b) opportunity for individual and group activities c) outdoor time when weather permits B. Communication 1. Each Program Site will have a cell phone to allow the Program Site to be contacted by City personnel and each Program Site will have access to a telephone for use in contacting the City personnel or making emergency calls. City of Wylie Parks and Recreation Department page 5 of 9 Youth Programs Standards of Care Year 2010 2. The Program Site Supervisor will have the following phone numbers available to all Program Employees at each site: a) Wylie emergency medical services and police department b) Parents/Legal Guardians c) Program Employees d) The Program Site C. Discipline 1. Program Employees will implement appropriate discipline and guidance in a consistent manner based on the best interests of Program Participants. 2. There will be no cruel or corporal punishment. 3. Program Employees may use brief, supervised separation from the group to address an issue with a Participant if necessary. 4. As necessary, Program Employees will complete discipline reports. Parents/Legal Guardians may be asked to sign discipline reports to indicate they have been advised about specific problems or incidents. Further action may be taken as outlined in the Parent Manual. 5. Offending Participants will be removed from the Program Site as soon as possible in instances where there is a danger to self, other Participants or Employees. IV. Health and Safety A. Illness or Injury 1. The City of Wylie shall not be responsible for pre-existing medical conditions of Participants. 2. Parents/Legal Guardians will be notified in cases of illness or injury and may be asked to remove the Participant from the Program. 3. A Participant who is considered to be a health or safety concern to other Participants or Employees will not be admitted to the Program. 4. Illnesses and injuries will be handled in a manner that protects the health of all Participants and Employees. City of Wylie Parks and Recreation Department page 6 of 9 Youth Programs Standards of Care Year 2010 5. Program Employees will follow plans to provide emergency care for Participants with symptoms of an acute illness or injuries as specified in the Staff Manual. 6. Program Employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any Participant after a communicable disease. 7. In the event injury care cannot be administered through basic first aid, Employees shall notify the Fire Department Paramedics (call 911.) B. Safety 1. Program Employees will inspect Program Sites daily to detect sanitation and safety concerns that might affect the health and safety of the Participants. A daily inspection report will be completed by Program Employees and kept on file by the Coordinator. 2. Buildings, grounds and equipment on the Program Site will be inspected, cleaned, repaired and maintained to protect the health of the Participants. 3. Program equipment and supplies must be safe for Participants'use. 4. Program Employees must have first aid supplies and a first aid and emergency care guide readily available at each site, during transportation to an off-site activity and for the duration of any off-site activity. 5. Program Employees will be attentive and considerate of Participants' safety on field trips and during any transportation provided by the Program. 6. During trips, Program Employees supervising Participants must have immediate access to emergency medical forms and emergency contact information for each Participant. 7. Program Employees must have a list of the Participants in the group and must check the roll frequently. C. Medication Administration 1. Parents/Legal Guardians must complete and sign a medication form that provides authorization for Employees to dispense medication with details as to time and dosages and waiver that includes a holds harmless clause to protect the City. City of Wylie Parks and Recreation Department page 7 of 9 Youth Programs Standards of Care Year 2010 2. All medications must not exceed the dosage required for one week of participation in the Program. All medication and containers must be removed at the end of each week and returned to the Parent/Legal Guardian. 3. Prescription medications must be in the original containers labeled with the child's name, date, directions and the physician's name. Program Employees will administer the medication only as stated on the label. Program Employees will not administer medication after the expiration date. 4. Nonprescription medications must be labeled with the child's name and the date the medication was brought to the Program. Nonprescription medication must be in the original container. Program Employees will administer it only according to label direction. 5. Medication dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of Program Employees. No injections will be administered by the Program Employees. 6. Program Employees must ensure medications are inaccessible to Participants or, if it is necessary to keep medications in the refrigerator (when available), medications will be kept separate from food. D. Suspected Abuse 1. Program Employees will report suspected child abuse or neglect in accordance with the Texas Family Code. Texas state law requires the Employees of youth programs to report any suspected abuse or neglect of a child to the Texas Department of Protective and Regulatory Services or a law enforcement agency. Confidential reports may be made by calling 1- 800-252-5400. 2. In the case where a City Employee is involved in an incident that could be construed as child abuse, the incident must be reported immediately to the Coordinator. The Coordinator will immediately notify the Police Depai tuient and any other agency as may be appropriate. V. Facility Standards A. Toilet Facilities 1. The Program Site will have inside toilets located and equipped so children may use them independently and Program Employees may supervise as needed. City of Wylie Parks and Recreation Department page 8 of 9 Youth Programs Standards of Care Year 2010 2. There must be one flush toilet for every 30 Participants. Urinals may be counted in the ratio of toilets to Participants, but they must not exceed 50% of the total number of toilets. 3. An appropriate and adequate number of lavatories will be provided. B. Sanitation 1. The Program facilities must have adequate light, ventilation and heat. 2. The Program must have an adequate supply of water meeting the standards of the Texas Commission on Environmental Quality for drinking water and ensure that it will be supplied to the Participants in a safe and sanitary manner. 3. Program Employees must see that garbage is removed from buildings daily. C. Fire, Tornado and other Disasters 1. In case of fire, danger of fire, explosion, tornado or other emergency, Program Employees' first priority is to evacuate the Participants to a designated safe area. 2. The Program Site will have an annual fire inspection by the local Fire Marshall and the resulting report will detail any safety concerns observed. The report will be forwarded to the Superintendent who will review and establish deadlines and criteria for compliance. Information from this report will be included in the Superintendent's annual report to the City Council. 3. Each Program Site must have at least one fire extinguisher approved by the Fire Marshal readily available to all Program Employees. 4. Evacuation and Tornado drills will be initiated twice during the session. City of Wylie Parks and Recreation Department page 9 of 9 City of Wylie Youth Programs standards of Care - Revisions Year 2010 2009 2010 Revision Standards of Care Standards of Care Standardized 2010"Terms" throughout: changed • General Administration • General "Staffing"to"Employee." Administration • Staffing- Responsibilities And 2010 added "Qualifications", • Employee as this information is Training p y Qualifications, included along with"Training and Responsibilities." • Operations Training and Responsibilities Moved "Health and Safety" • Facility Standards out of"Facility Standards" • Operations into own section. • Health and Safety • Facility Standards 2009 2010 Revision General Administration General Administration Moved 2010"Terms and • Organization • Organization Definitions"to beginning of • Definitions • Inspections, Monitoring document. • Inspections/Monitoring/Enforcement and Enforcement • Enrollment • Enrollment Standardized and updated • Suspected Abuse 2010 "Terms"throughout document. Moved 2010"Suspected Abuse"to section "Health and Safety." Moved 2009"Criminal background checks"to 2010 "Employee Qualifications, Training and Responsibilities." Staffing - Responsibilities and Employee Qualifications, "Qualifications" -As camp Training Training and and camper needs change, employee qualifications, • Youth Program Coordinator Responsibilities training and responsibilities ("Coordinator")Qualifications • Qualifications remain flexible. 2010 refers • Coordinator's Responsibilities • Training to Department of Human • Youth Program Site • Responsibilities Resources for current posted Supervisor/Assistant Site job specifics. Current job 568611-1 Supervisor/Program Leader("Leader") descriptions will be attached Qualifications: as appendix. • Leader Responsibilities • Training/Orientation 2010 "Responsibilities"—in addition to job description— are responsibilities of all Employees. Also includes Background Check information from 2009 "General Administration>Organization" section. Operations Operations 2010 new"Program • Staff-Participant Ratio • Program Standards Standards" section includes • Discipline • Communication 2009"Staff-Participant Ratio" • Programming • Discipline and "Programming." • Communication To better provide enriching • Transportation camp experience and based on parent, employee and other cities' camp feedback, lowered ratio to 1::15. 2009"Transportation" points included in 2010"Health and Safety." #I ## Health and Safety New 2010 section. • Illness or Injury • Safety Combines health/safety • Medication information included in Administration multiple 2009 sections. • Suspected Abuse 2010 "Medication Administration" expands on medication information included in 2009"Facility Standards>Health." 2010 "Suspected Abuse" expands on "Suspected Abuse" in 2009"General Administration." Facility Standards Facility Standards 2009"Safety" moved to 2010 • Safety • Toilet Facilities section "Health and Safety." • Fire • Sanitation • Health • Fire, Tornado and 2009 "Fire" moved to 2010 • Toilet Facilities Other Disasters "Fire, Tornado and Other • Sanitation Disasters." 2009"Health" moved to 2010 section "Health and Safety." 568611-I HUMAN RESOURCES CODE CHAPTER 42. REGULATION OF CERTAIN FACILITIES, HOMES, AND AGENCIES THAT PROVIDE CHILD-CARE SERVICES SUBCHAPTER A. GENERAL PROVISIONS § 42.001. PURPOSE. The purpose of this chapter is to protect the health, safety, and well-being of the children of the state who reside in child-care facilities by establishing statewide minimum standards for their safety and protection and by regulating the facilities through a licensing program or by requiring child-care facilities to be regulated by alternative accreditation bodies. It is the policy of the state to ensure the protection of all children under care in child-care facilities and to encourage and assist in the improvement of child-care programs. It is also the intent of the legislature that freedom of religion of all citizens is inviolate. With respect to a school or child-care facility sponsored by a religious organization, nothing in this chapter gives a governmental agency authority to regulate, control, supervise, or in any way be involved in the: (1) form, manner, or content of religious instruction, ministry, teaching, or the curriculum offered by the school or facility; (2) ability of the school or facility to select and supervise qualified personnel, and otherwise control the terms of employment, including the right to employ individuals who share the religious views of the school or facility; (3) internal self-governance and autonomy of the school or facility; or (4 ) religious environment of the school or facility, such as symbols, art, icons, and scripture. Acts 1979, 66th Leg. , p. 2358, ch. 842, art . 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1997, 75th Leg. , ch. 664, § 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 2, eff. Sept . 1, 1997; Acts 2001, 77th Leg. , ch. 218, § 1, eff. Sept. 1, 2001. § 42 .002. DEFINITIONS. In this chapter: (1) "Child" means a person under 18 years of age. (2) "Division" means the division designated by the department to carry out the provisions of this chapter. (3) "Child-care facility" means a facility licensed, certified, or registered by the department to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers. (4) "Child-care institution" means a child-care facility that provides care for more than 12 children for 24 hours a day, including facilities known as children's homes, halfway houses, residential treatment centers, emergency shelters, and therapeutic camps. (5) "Foster group home" means a child-care facility that provides care for 7 to 12 children for 24 hours a day. (6) "Foster home" means a child-care facility that provides care for not more than six children for 24 hours a day. (7) "Day-care center" means a child-care facility that provides care for more than 12 children under 14 years of age for less than 24 hours a day. (8) "Group day-care home" means a child-care facility that provides care for 7 to 12 children under 14 years of age for less than 24 hours a day. (9) "Family home" means a home that provides regular care in the caretaker's own residence for not more than six children under 14 years of age, excluding children who are related to the caretaker, and that provides care after school hours for not more than six additional elementary school children, but the total number of children, including children who are related to the caretaker, does not exceed 12 at any given time. The term does not include a home that provides care exclusively for any number of children who are related to the caretaker. (10) "Agency foster group home" means a facility that provides care for seven to 12 children for 24 hours a day, is used only by a licensed child-placing agency, and meets department standards. (11) "Agency foster home" means a facility that provides care for not more than six children for 24 hours a day, is used only by a licensed child-placing agency, and meets department standards. (12) "Child-placing agency" means a person, including an organization, other than the natural parents or guardian of a child who plans for the placement of or places a child in a child-care facility, agency foster home, agency foster group home, or adoptive home. (13) "Facilities" includes child-care facilities and child-placing agencies. (14) "State of Texas" or "state" does not include political subdivisions of the state. (15) "Religious organization" means a church, synagogue, or other religious institution whose purpose is to support and serve the propagation of truly held religious beliefs. (16) "Children who are related to the caretaker" means children who are the children, grandchildren, siblings, great-grandchildren, first cousins, nieces, or nephews of the caretaker, whether by affinity or consanguinity or as the result of a relationship created by court decree. (17) "Regular care" means care that is provided at least four hours a day, three or more days a week, for more than nine consecutive weeks. Acts 1979, 66th Leg. , p. 2359, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg. , p. 2812, ch. 759, § 1, eff. Aug. 31, 1981; Acts 1987, 70th Leg. , ch. 1052, § 4 .01, eff. Sept. 1, 1987; Acts 1989, 71st Leg. , ch. 984, § 1, eff. June 15, 1989; Acts 1997, 75th Leg. , ch. 1022, § 23, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 3, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg. , ch. 218, § 2, eff. Sept. 1, 2001. SUBCHAPTER B. ADMINISTRATIVE PROVISIONS § 42.021. DIVISION DESIGNATED. (a) The department may designate a division within the department to carry out responsibilities the department may delegate or assign under this chapter. (b) The executive director of the department shall appoint as director of a division designated under Subsection (a) a person who meets the qualifications set by the board. (c) The department shall employ sufficient personnel and provide training for the personnel to carry out the provisions of this chapter. (d) The director may divide the state into regions for the purpose of administering this chapter. Acts 1979, 66th Leg. , p. 2360, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1995, 74th Leg. , ch. 76, § 8 .020, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 1063, § 4, eff. Sept. 1, 1997 . § 42.022 . STATE ADVISORY COMMITTEE. (a) The State Advisory Committee on Child-Care Administrators and Facilities is appointed by the board on the recommendation of the director. (b) Members of the committee serve for terms of two years expiring on February 1 of each odd-numbered year. (c) The advisory committee is composed of 12 members appointed by the board. The members must have the following qualifications: (1) two must be parents, guardians, or custodians of children who use the facilities; (2) two must be representatives of child advocacy groups; (3) two must be operators of nonprofit child-care facilities that are licensed under this chapter; (4) two must be experts in various professional fields that are relevant to child care and development; (5) two must be members of the general public; and (6) two must be operators of proprietary child-care facilities that are licensed under this chapter. (d) The department shall provide staff necessary for the committee. (e) The committee shall review rules and minimum standards for child-care administrators, child-care facilities, and child-placing agencies promulgated by state agencies, and shall advise the department, the council, and state agencies on problems of child-care administrators, child-care facilities, and child-placing agencies. (f) The committee shall receive and review the annual report of the department. (g) The board, on the recommendation of the director, shall appoint an advisory subcommittee on child-care administration from the membership of the Advisory Committee on Child-Care Administrators and Facilities. The subcommittee shall advise the board on licensing child-care administrators, including the content of the examination administered to license applicants under Section 43. 004 . The subcommittee on child-care administration shall meet at the same time the committee meets. (h) In making appointments to the committee, the board shall consider whether the committee reflects the race, ethnicity, and age of the residents of this state and whether the committee provides representation of the geographic regions of the state. Acts 1979, 66th Leg. , p. 2360, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1987, 70th Leg. , ch. 1052, § 4 .02, eff. Sept. 1, 1987; Acts 1995, 74th Leg. , ch. 76, § 8 . 021, eff. Sept . 1, 1995; Acts 1995, 74th Leg. , ch. 920, § 9, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 1063, § 5, eff. Sept. 1, 1997 . § 42. 023. ANNUAL REPORT. (a) The executive director shall prepare an annual written report regarding the department' s activities under this chapter. (b) The annual report shall include: (1) a report by regions of applications for licensure or certification, of provisional licenses issued, denied, or revoked, of licenses issued, denied, suspended or revoked, of emergency closures and injunctions, and of the compliance of state-operated agencies with certification requirements; (2) a summary of the amount and kind of in-service training and other professional development opportunities provided for department staff; (3) a summary of training and other professional development opportunities offered to facilities' staffs; and (4) a report of new administrative procedures, of the number of staff and staff changes, and of plans for the coming year. (c) Copies of the annual report shall be available to any state citizen on request. Acts 1979, 66th Leg. , p. 2360, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1985, 69th Leg. , ch. 18, § 2, eff. April 3, 1985; Acts 1995, 74th Leg. , ch. 76, § 8 . 022, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 1063, § 6, eff. Sept. 1, 1997 . § 42. 024 . ADMINISTRATIVE PROCEDURE. Chapter 2001, Government Code applies to all procedures under this chapter except where it is contrary to or inconsistent with the provisions of this chapter. Acts 1979, 66th Leg. , p. 2361, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1995, 74th Leg. , ch. 76, § 5. 95 (49) , eff. Sept. 1, 1995. SUBCHAPTER C. REGULATION OF CERTAIN FACILITIES, HOMES, AND AGENCIES § 42.041. REQUIRED LICENSE OR ACCREDITATION. (a) No person may operate a child-care facility or child-placing agency without a license issued by the department. (b) This section does not apply to: (1) a state-operated facility; (2) an agency foster home or agency foster group home; (3) a facility that is operated in connection with a shopping center, business, religious organization, or establishment where children are cared for during short periods while parents or persons responsible for the children are attending religious services, shopping, or engaging in other activities on or near the premises, including but not limited to retreats or classes for religious instruction; (4) a school or class for religious instruction that does not last longer than two weeks and is conducted by a religious organization during the summer months; (5) a youth camp licensed by the Texas Department of Health; (6) a facility licensed, operated, certified, or registered by another state agency; (7) an educational facility accredited by the Texas Education Agency or the Southern Association of Colleges and Schools that operates primarily for educational purposes in grades kindergarten and above, an after-school program operated directly by an accredited educational facility, or an after-school program operated by another entity under contract with the educational facility, if the Texas Education Agency or Southern Association of Colleges and Schools has approved the curriculum content of the after-school program operated under the contract; (8) an educational facility that operates solely for educational purposes in grades kindergarten through at least grade two, that does not provide custodial care for more than one hour during the hours before or after the customary school day, and that is a member of an organization that promulgates, publishes, and requires compliance with health, safety, fire, and sanitation standards equal to standards required by state, municipal, and county codes; (9) a kindergarten or preschool educational program that is operated as part of a public school or a private school accredited by the Texas Education Agency, that offers educational programs through grade six, and that does not provide custodial care during the hours before or after the customary school day; (10) a family home, whether registered or listed; (11) an educational facility that is integral to and inseparable from its sponsoring religious organization or an educational facility both of which do not provide custodial care for more than two hours maximum per day, and that offers educational programs for children age five and above in one or more of the following: kindergarten through at least grade three, elementary, or secondary grades; (12) an emergency shelter facility providing shelter to minor mothers who are the sole support of their natural children under Section 32.201, Family Code, unless the facility would otherwise require a license as a child-care facility under this section; (13) a juvenile detention facility certified under Section 51. 12, Family Code, or Section 141.042 (d) , a juvenile facility providing services solely for the Texas Youth Commission, or any other correctional facility for children operated or regulated by another state agency or by a political subdivision of the state; (14) an elementary-age (ages 5-13) recreation program operateda municipality provided the governing ,b©dy of the municipality 'annually adopts standards of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinances shall include, at a minimum, staffing ratios, minimum staff qualifications, minimum facility, health, and safety standards, and mechanisms for monitoring and enforcing the adopted local standards, and further provided that parents be informed that the program is not licensed by the state and the program may not be advertised as a child-care facility, or (15) an annual youth camp held in a municipality with a population of more than 1. 5 million that operates for not more than three months and that has been operated for at least 10 years by a nonprofit organization that provides care for the homeless. (c) A single license that lists addresses and the appropriate facilities may be issued to a child-care institution that operates noncontiguous facilities that are nearby and that are demonstrably a single operation as indicated by patterns of staffing, finance, administrative supervision, and programs. (d) A facility exempt from the provisions of Subsection (a) of this section that desires to receive or participate in federal or state funding shall be required to comply with all other provisions of this chapter and with all regulations promulgated under this chapter. (e) The exemptions provided by Subsection (b) of this section do not affect the authority of local, regional, or state health department officials, the state fire marshal, or local fire prevention officials to inspect child-care facilities. Acts 1979, 66th Leg. , p. 2361, ch. 842, art. 1, § 1, eff. Sept . 1, 1979. Amended by Acts 1981, 67th Leg. , p. 2812, ch. 759, § 2, 3, eff. Aug. 31, 1981; Acts 1987, 70th Leg. , ch. 1052, § 4 .03, eff. Sept. 1, 1987; Acts 1987, 70th Leg. , ch. 1115, § 2, eff. June 19, 1987; Acts 1995, 74th Leg. , ch. 262, § 54, eff. Jan. 1, 1996; Acts 1995, 74th Leg. , ch. 847, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 165, § 7 . 46, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 664, § 3, 4, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg. , ch. 218, § 3, eff. Sept. 1, 2001. § 42. 042. RULES AND STANDARDS. (a) The department shall make rules to carry out the provisions of this chapter. (b) The department shall conduct a comprehensive review of all rules and standards at least every six years. For purposes of this subsection, the six-year period begins on the latest of the date of: (1) the conclusion of the review of the rules and standards; (2) a decision by the department not to revise the rules and standards; (3) a decision by the board not to revise the rules and standards; or (4 ) board action adopting new standards. (c) The department shall provide a standard procedure for receiving and recording complaints. (d) The department shall provide standard forms for applications and inspection reports. (e) The department shall promulgate minimum standards that apply to licensed child-care facilities and to registered family homes covered by this chapter and that will: (1) promote the health, safety, and welfare of children attending a facility or registered family home; (2) promote safe, comfortable, and healthy physical facilities and registered family homes for children; (3) ensure adequate supervision of children by capable, qualified, and healthy personnel; (4 ) ensure adequate and healthy food service where food service is offered; (5) prohibit racial discrimination by child-care facilities and registered family homes; (6) require procedures for parental and guardian consultation in the formulation of children' s educational and therapeutic programs; and (7) prevent the breakdown of foster care and adoptive placement . (f) In promulgating minimum standards for the provision of child-care services, the department shall recognize the various categories of services, including services for specialized care, the various categories of children and their particular needs, and the differences in the organization and operation of child-care facilities and institutions. Standards for child-care institutions must require an intake study before a child is placed in an institution. The intake study may be conducted at a community mental health and mental retardation center. (g) In promulgating minimum standards the department may recognize and treat differently the types of services provided by the following: (1) registered family homes; (2) child-care facilities, including child-care institutions, foster group homes, foster homes, group day-care homes, and day-care centers; (3) child-placing agencies; (4) agency foster homes; and (5) agency foster group homes. (h) The department shall promulgate minimum standards for child-placing agencies. (i) Before adopting minimum standards, the department shall present the proposed standards to the State Advisory Committee on Child-Care Facilities for review and comment, and shall send a copy of the proposed standards to each licensee covered by the proposed standards at least 60 days before the standards take effect to provide the licensee an opportunity to review and to send written suggestions to the committee and the department . (j ) The department may waive compliance with a minimum standard in a specific instance if it determines that the economic impact of compliance is sufficiently great to make compliance impractical . (k) The department may not regulate or attempt to regulate or control the content or method of any instruction or curriculum of a school sponsored by a religious organization. (1) In promulgating minimum standards for the regulation of family homes that register with the department, the department must address the minimum qualifications, education, and training required of a person who operates a family home registered with the department. (m) In determining minimum standards relating to staff-to-child ratios, group sizes, or square footage requirements applicable to nonresidential child-care facilities that provide care for less than 24 hours a day, the department shall, within available appropriations, conduct a comprehensive cost-benefit analysis and economic impact study that includes families and licensed child-care providers. (n) Not later than the 60th day before the date the board adopts a revision to the minimum standards for child-care facilities, the department shall present the revision to the appropriate legislative oversight committees that have jurisdiction over child-care facilities for review and comment. (p) The department by rule shall prescribe minimum training standards for an employee of a regulated child-care facility, including the time required for completing the training. The department may not require an employee to repeat required training if the employee has completed the training within the time prescribed by department rule. The department's local offices shall make available at the local office locations a copy of the rules regarding minimum training standards, information enabling the owner or operator of a regulated facility to apply for training funds from other agencies to lower facility costs, and any other materials the department may develop to assist the owner or operator or other entity in providing the training. Acts 1979, 66th Leg. , p. 2362, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1987, 70th Leg. , ch. 1052, § 4 .04, eff. Sept. 1, 1987; Acts 1995, 74th Leg. , ch. 920, § 10, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 1022, § 24, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1121, § 1, eff. June 19, 1997; Acts 1997, 75th Leg. , ch. 1217, § 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg. , ch. 1129, § 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg. , ch. 218, § 4, eff. Sept. 1, 2001. § 42.0421. MINIMUM TRAINING STANDARDS. (a) The minimum training standards prescribed by the department under Section 42.042 (p) for an employee of a day-care center or group day-care home must include: (1) eight hours of initial training for an employee of a day-care center who has no previous training or employment experience in a regulated child-care facility, to be completed before the employee is given responsibility for a group of children; (2) 15 hours of annual training for each employee of a day-care center or group day-care home, excluding the director, which must include at least six hours of training in one or more of the following areas: (A) child growth and development; (B) guidance and discipline; (C) age-appropriate curriculum; and (D) teacher-child interaction; and (3) 20 hours of annual training for each director of a day-care center or group day-care home, which must include at least six hours of training in one or more of the following areas: (A) child growth and development; (B) guidance and discipline; (C) age-appropriate curriculum; and (D) teacher-child interaction. (b) The minimum training standards prescribed by the department under Section 42.042 (p) must require an employee of a licensed day-care center or group day-care home who provides care for children younger than 24 months of age to receive special training regarding the care of those children. The special training must be included as a component of the initial training required by Subsection (a) (1) and as a one-hour component of the annual training required by Subsections (a) (2) and (a) (3) . The special training must include information on: (1) recognizing and preventing shaken baby syndrome; (2) preventing sudden infant death syndrome; and (3) understanding early childhood brain development. (c) The department by rule shall require an operator of a registered family home who provides care for a child younger than 24 months of age to complete one hour of annual training on: (1) recognizing and preventing shaken baby syndrome; (2) preventing sudden infant death syndrome; and (3) understanding early childhood brain development. (d) Section 42.042 (m) does not apply to the minimum training standards required by this section. Added by Acts 1999, 76th Leg. , ch. 1211, § 1, eff. Jan. 1, 2000. Amended by Acts 2001, 77th Leg. , ch. 169, § 1, eff. Sept. 1, 2001. 42. 0425. ASSESSMENT SERVICES. (a) The department by rule shall regulate assessment services provided by child-care facilities or child-placing agencies. A child-care facility or child-placing agency may not provide assessment services unless specifically authorized by the department. (b) The department by rule shall establish minimum standards for assessment services. The standards must provide that consideration is given to the individual needs of a child, the appropriate place for provision of services, and the factors listed in Section 42 .042 (e) . (c) In this section, "assessment services" means the determination of the placement needs of a child who requires substitute care. Added by Acts 1997, 75th Leg. , ch. 1022, § 25, eff. Sept. 1, 1997. § 42. 0426. TRAINING OF PERSONNEL. A licensed facility shall provide training for staff members in: (1) the recognition of symptoms of child abuse, neglect, and sexual molestation and the responsibility and procedure of reporting suspected occurrences of child abuse, neglect, and sexual molestation to the department or other appropriate entity; (2) the application of first aid; and (3) the prevention and spread of communicable diseases. Added by Acts 1997, 75th Leg. , ch. 1022, § 25, eff. Sept. 1, 1997. § 42.0427. PARENTAL VISITATION. All areas of a licensed facility must be accessible to a parent of a child who is receiving care at the facility if the parent visits the child during the facility's hours of operation. Added by Acts 1997, 75th Leg. , ch. 1022, § 25, eff. Sept. 1, 1997. § 42.043. RULES FOR IMMUNIZATIONS. (a) The department shall make rules for the immunization of children in facilities regulated under this chapter. (b) The department shall require that each child at an appropriate age have a test for tuberculosis and be immunized against diphtheria, tetanus, poliomyelitis, mumps, rubella, and rubeola and against any other communicable disease as recommended by the Texas Department of Health. The immunization must be effective on the date of first entry into the facility. However, a child may be provisionally admitted if the required immunizations have begun and are completed as rapidly as medically feasible. (c) The Texas Department of Health shall make rules for the provisional admission of children to facilities regulated under this chapter and may modify or delete any of the immunizations listed in Subsection (b) of this section or require additional immunizations as a requirement for admission to a facility. (d) No immunization may be required for admission to a facility regulated under this chapter if a person applying for a child's admission submits one of the following affidavits: (1) an affidavit signed by a licensed physician stating that the immunization poses a significant risk to the health and well-being of the child or a member of the child's family or household; or (2) an affidavit signed by the child's parent or guardian stating that the applicant declines immunization for reasons of conscience, including a religious belief. (d-1) An affidavit submitted under Section (d) (2) must be on a form described by Section 161.0041, Health and Safety Code, and must be submitted not later than the 90th day after the date the affidavit is notarized. (e) Each regulated facility shall keep an individual immunization record for each child admitted, and the records shall be open for inspection by the department at all reasonable times. (f) The Texas Department of Health shall provide the immunizations required by this section to children in areas where there is no local provision of these services. Acts 1979, 66th Leg. , p. 2362, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1993, 73rd Leg. , ch. 43, '5 5, eff. Sept. 1, 1993; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 2003, 78th Leg. , ch. 198, '5 2. 164, eff. Sept. 1, 2003. § 42.0431. ENFORCEMENT OF SCREENING REQUIREMENTS RELATING TO VISION, HEARING, AND OTHER SPECIAL SENSES AND COMMUNICATION DISORDERS. (a) The department, after consultation with the Texas Department of Health, shall adopt rules necessary to ensure that children receiving care at a day-care center or group day-care home licensed under this chapter are screened for vision, hearing, and any other special senses or communication disorders in compliance with rules adopted by the Texas Board of Health under Section 36.004, Health and Safety Code. (b) Each day-care center or group day-care home licensed under this chapter shall maintain individual screening records for children attending the facility who are required to be screened, and the department may inspect those records at any reasonable time. The department shall coordinate the monitoring inspections in compliance with protocol agreements adopted between the department and the Texas Department of Health pursuant to Section 42.0442. (c) This section does not apply to a day-care center or group day-care home operating under a certificate issued by the department under Subchapter E. Added by Acts 1999, 76th Leg. , ch. 712, § 1, eff. June 18, 1999. § 42.044 . INSPECTIONS. (a) An authorized representative of the department may visit a facility regulated under this chapter or a registered family home during operating hours to investigate, inspect, and evaluate. Kb) The department shall inspect all licensed or certified facilities at least once a year and may inspect other facilities or registered family homes as necessary. The department shall investigate a listed family home when the department receives a complaint of abuse or neglect of a child, as defined by Section 261.001, Family Code. At least one of the annual visits must be unannounced and all may be unannounced. (c) The department must investigate a facility regulated under this chapter or a registered family home when a complaint is received. The representative of the department must notify the operator of a registered family home or the director or authorized representative of a regulated facility when a complaint is being investigated and report in writing the results of the investigation to the family home's operator or to the regulated facility's director or the director's authorized representative. (d) The department may call on political subdivisions and governmental agencies for assistance within their authorized fields. Acts 1979, 66th Leg. , p. 2363, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1997, 75th Leg. , ch. 1063, '5 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1022, § 27, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 4, eff. Sept. 1, 1997; Acts 2001, 77th Leg. , ch. 218, § 5, eff. Sept. 1, 2001. § 42. 0441 . INSPECTION RESULTS. Immediately after completing a monitoring inspection of a licensed day-care center, licensed group day-care home, or registered family home under Section 42. 044, the authorized representative of the department shall review the results of the monitoring inspection with a representative of the facility and give the facility an opportunity to respond to the inspection results. Added by Acts 1997, 75th Leg. , ch. 253, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1022, § 28, eff. Sept. 1, 1997. § 42 . 0442. COORDINATION OF INSPECTIONS; ELIMINATION OF DUPLICATIVE INSPECTIONS. (a) The department shall coordinate monitoring inspections of licensed day-care centers, licensed group day-care homes, and registered family homes performed by another state agency to eliminate redundant inspections . (b) The department shall form an interagency task force with the Texas Department of Health, the Texas Department of Human Services, and the Texas Workforce Commission to develop an inspection protocol that will coordinate inspections by those agencies. The protocol must assign the required items for inspection by each agency and facilitate the sharing of inspection data and compliance history. (c) The interagency task force shall establish an inspection checklist based on the inspection protocol developed under Subsection (b) . Each state agency that inspects a facility listed in Subsection (a) shall use the inspection checklist in performing an inspection. A state agency shall make a copy of the completed inspection checklist available to the facility at the facility's request to assist the facility in maintaining records. (d) The department shall provide to facilities listed in Subsection (a) information regarding inspections, including who may inspect a facility and the purpose of each type of inspection. Added by Acts 1997, 75th Leg. , ch. 253, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1022, § 28, eff. Sept. 1, 1997 . Amended by Acts 2001, 77th Leg. , ch. 169, § 2, eff. Sept. 1, 2001. § 42. 0443. INSPECTION INFORMATION DATABASE. Text of section as added by Acts 1997, 75th Leg. , ch. 253, § 1 (a) If feasible using available information systems, the department shall establish a computerized database containing relevant inspection information on licensed day-care centers, licensed group day-care homes, and registered family homes from other state agencies and political subdivisions of the state. (b) The department shall make the data collected by the department available to another state agency or political subdivision of the state for the purpose of administering programs or enforcing laws within the jurisdiction of that agency or subdivision. If feasible using available information systems, the department shall make the data directly available to the Texas Department of Health, the Texas Department of Human Services, and the Texas Workforce Commission through electronic information systems. The department, the Texas Department of Health, the Texas Department of Human Services, and the Texas Workforce Commission shall jointly plan the development of child-care inspection databases that, to the extent feasible, are similar in their design and architecture to promote the sharing of data. (c) The department may provide inspection data on licensed day-care centers, licensed group day-care homes, or registered family homes to the public if the department determines that providing inspection data enhances consumer choice with respect to those facilities. Added by Acts 1997, 75th Leg. , ch. 253, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1022, § 28, eff. Sept. 1, 1997 . For text of section as added by Acts 2003, 78th Leg. , ch. 709, § 1, see § 42.0443, post. § 42.0443. COORDINATION OF FIRE SAFETY AND SANITATION INSPECTIONS. Text of section as added by Acts 2003, 78th Leg. , ch. 709, § 1. (a) The department may not inspect a licensed day-care center, licensed group day-care home, or registered family home for compliance with the department's fire safety or sanitation standards if the facility, at the time of the department's inspection, provides the department with documentation relating to a current fire safety or sanitation inspection, as applicable, performed by a political subdivision of this state that indicates that the facility is in compliance with the applicable standards of the political subdivision. (b) If the documentation provided under Subsection (a) indicates that the facility was required to take corrective action or that the political subdivision imposed a restriction or condition on the facility, the department shall determine whether the facility took the required corrective action or complied with the restriction or condition. (c) The department may inspect a facility subject to this section for compliance with the department's fire safety or sanitation standards if: (1) the facility does not provide the documentation described by Subsection (a) ; or (2) the department determines that the facility did not take a corrective action or comply with a restriction or condition described by Subsection (b) . (d) Notwithstanding any other provision of this section, the department shall report to the appropriate political subdivision any violation of fire safety or sanitation standards observed by the department at a facility subject to this section. (e) The department shall adopt rules necessary to implement this section. Added by Acts 2003, 78th Leg. , ch. 709, § 1, eff. Sept. 1, 2003. For text of section as added by Acts 1997, 75th Leg. , ch. 253, § 1, see § 42.0443, ante. § 42. 0445. REQUIRED BACKGROUND SEARCH OF CENTRAL REGISTRY OF REPORTED CASES OF CHILD ABUSE OR NEGLECT. (a) Before the department issues or renews a license, registration, or certification under this subchapter, the department shall search the central registry of reported cases of child abuse or neglect established under Section 261.002, Family Code, to determine whether the applicant or the owner or an employee of the facility or family home is listed in the registry as a person who abused or neglected a child. (b) The department may adopt rules to implement this section. Added by Acts 1997, 75th Leg. , ch. 1022, § 29, eff. Sept. 1, 1997. § 42. 045. RECORDS. (a) A person who operates a licensed or certified facility shall maintain individual child development records, individual health records, statistical records, and complete financial records. (b) A person who provides adoption services under a license to operate a child-placing agency shall furnish information required by the department to determine whether adoption related income and disbursements are reasonable, appropriate, and in compliance with the department's minimum standards. (c) If a child-placing agency terminates operation as a child-placing agency, it shall, after giving notice to the department, transfer its files and records concerning adopted children, their biological families, and their adoptive families to the Bureau of Vital Statistics or, after giving notice to the Bureau of Vital Statistics, to a facility licensed by the department to place children for adoption. Acts 1979, 66th Leg. , p. 2363, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg. , p. 1782, ch. 342, § 2, eff. Jan. 1, 1984; Acts 1989, 71st Leg. , ch. 707, § 1, eff. Sept. 1, 1989; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1999, 76th Leg. , ch. 1129, § 2, eff. Sept. 1, 1999. § 42.046. APPLICATION FOR LICENSE, LISTING, OR REGISTRATION. (a) An applicant for a license to operate a child-care facility or child-placing agency or for a listing or registration to operate a family home shall submit to the department the appropriate fee prescribed by Section 42. 054 and a completed application on a form provided by the department. (b) The department shall supply the applicant the application form and a copy of the appropriate minimum standards, if applicable. (c) After receiving an application, the department shall investigate the applicant and the plan of care for children, if applicable. (d) The department shall complete the investigation and decide on an application within two months after the date the department receives a completed application. Acts 1979, 66th Leg. , p. 2363, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1985, 69th Leg. , ch. 212, § 1, eff. Sept. 1, 1985; Acts 1985, 69th Leg. , ch. 239, § 4, eff. Sept. 1, 1985; Acts 1997, 75th Leg. , ch. 1022, § 30, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 5, eff. Sept. 1, 1997. § 42.0461. PUBLIC NOTICE AND HEARING IN CERTAIN COUNTIES: RESIDENTIAL CHILD CARE. (a) Before the department may issue a license, other than a renewal license, or certificate to operate under Subchapter E for the operation or the expansion of the capacity of a foster group home or foster family home that is located in a county with a population of less than 300, 000 and that provides child care for 24 hours a day at a location other than the actual residence of a child's primary caretaker or of a child care institution, the applicant for the license, certificate, or expansion shall, at the applicant's expense: (1) conduct a public hearing on the application in accordance with department rules after notifying the department of the date, time, and location of the hearing; and (2) publish notice of the application in a newspaper of general circulation in the community in which the child-care services are proposed to be provided. (b) The notice required by Subsection (a) (2) must be published at least 10 days before the date of the public hearing required by Subsection (a) (1) and must include: (1) the name and address of the applicant; (2) the address at which the child-care services are proposed to be provided; (3) the date, time, and location of the public hearing; (4) the name, address, and telephone number of the department as the licensing authority; and (5) a statement informing the public that a person may submit written comments to the department concerning the application instead of or in addition to appearing at the public hearing. (c) The department shall require a representative of the department to attend the public hearing in an official capacity for the purpose of receiving public comments on the application. (d) Before issuing a license or certificate described by Subsection (a) , the department shall consider: (1) the amount of local resources available to support children proposed to be served by the applicant; (2) the impact of the proposed child-care services on the ratio in the local school district of students enrolled in a special education program to students enrolled in a regular education program and the effect, if any, on the children proposed to be served by the applicant; and (3) the impact of the proposed child-care services on the community and the effect on opportunities for social interaction for the children proposed to be served by the applicant. (e) The department may deny the application if the department determines that: (1) the community has insufficient resources to support children proposed to be served by the applicant; (2) granting the application would significantly increase the ratio in the local school district of students enrolled in a special education program to students enrolled in a regular education program and the increase would adversely affect the children proposed to be served by the applicant; or (3) granting the application would have a significant adverse impact on the community and would limit opportunities for social interaction for the children proposed to be served by the applicant. (f) A child-placing agency that proposes to verify an agency home or agency group home that is located in a county with a population of less than 300, 000 that provides child care for 24 hours a day at a location other than the actual residence of a child's primary caretaker shall: (1) comply with the notice and hearing requirements imposed by Subsections (a) and (b) ; and (2) after conducting the required public hearing, provide the department with information relating to the considerations specified in Subsection (d) . (g) The department may prohibit the child-placing agency from verifying the proposed agency home or agency group home on the same grounds that the department may deny an application under Subsection (e) . Added by Acts 1997, 75th Leg. , ch. 1022, § 31, eff. Sept. 1, 1997 . § 42.047. CONSULTATIONS. (a) The department shall offer consultation to potential applicants, applicants, and license, listing, registration, and certification holders about meeting and maintaining standards for licensing, listing, registration, and certification and achieving programs of excellence in child care. (b) The department shall offer consultation to prospective and actual users of facilities or homes. Acts 1979, 66th Leg. , p. 2364, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 6, eff. Sept. 1, 1997. § 42.048. LICENSING. (a) The department shall issue a license after determining that an applicant has satisfied all requirements. (b) When issuing a license, the department may impose restrictions on a facility, including but not limited to the number of children to be served and the type of children to be served. (c) The department may grant a variance of an individual standard set forth in the applicable standards for good and just cause. (d) A license holder must display a license issued under this chapter in a prominent place at the facility. (e) A license issued under this chapter is not transferable and applies only to the operator and facility location stated in the license application. A change in location or ownership automatically revokes a license. (f) A license must be issued if the department determines that a facility meets all requirements. The evaluation shall be based on one or more visits to the facility and a review of required forms and records. A license is valid until revoked or surrendered. Acts 1979, 66th Leg. , p. 2364, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1987, 70th Leg. , ch. 1081, § 1, eff. Sept. 1, 1987. Renumbered from V.T.C.A. , Human Resources Code § 42.049 and amended by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997. § 42.049. LIABILITY INSURANCE REQUIRED. (a) A license holder shall maintain liability insurance coverage in the amount of $300, 000 for each occurrence of negligence. An insurance policy or contract required under this section must cover injury to a child that occurs while the child is on the premises of the license holder or in the care of the license holder. (b) A license holder shall file with the department a certificate or other evidence from an insurance company showing that the license holder has an unexpired and uncancelled insurance policy or contract that meets the requirements of this section. (c) Should the license holder for financial reasons or for lack of availability of an underwriter willing to issue a policy be unable to secure the insurance required under Subsection (a) or should the policy limits be exhausted, the license holder shall notify the parent or a person standing in parental relationship to each child for whom the license holder provides care a written notice that the liability coverage is not provided and there will not be a ground for suspension or revocation of the license holder's license under this chapter. The license holder shall also notify the department that the coverage is not provided and provide the reason for same. In no case shall the inability to secure coverage serve to indemnify the license holder for damages due to negligence. (d) The insurance policy or contract shall be maintained at all times in an amount as required by this section. Failure by a license holder to renew the policy or contract or to maintain the policy or contract in the required amount is a ground for suspension or revocation of the license holder's license under this chapter. (e) This section does not apply to a group day-care home or a listed or registered family home. Added by Acts 1993, 73rd Leg. , ch. 1002, § 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg. , ch. 1217, § 7, eff. Sept. 1, 1997. Renumbered from V.T.C.A. , Human Resources § 42.0491 and amended by Acts 1997 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997. § 42.050. LICENSE RENEWAL. (a) A license holder may apply for a new license in compliance with the requirements of this chapter and the rules promulgated by the department. (b) The application for a new license must be completed and decided on by the department before the expiration of the license under which a facility is operating. (c) The department shall evaluate the application for a new license to determine if all licensing requirements are met. The evaluation may include a specified number of visits to the facility and must include a review of all required forms and records. Amended by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997. § 42.0505. RENEWAL OF LICENSE. (a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required annual fee to the department before the expiration date of the license. A person whose license has expired may not engage in activities that require a license until the license has been renewed under the provisions of this section. (b) If the person's license has been expired for 90 days or less, the person may renew the license by paying to the department 1-1/2 times the required annual fee. (c) If the person's license has been expired for longer than 90 days but less than one year, the person may renew the license by paying to the department two times the required annual fee. (d) If the person's license has been expired for one year or longer, the person may not renew the license. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. (e) At least 30 days before the expiration of a person' s license, the department shall send written notice of the impending license expiration to the person at the license holder' s last known address according to the records of the department. Added by Acts 1997, 75th Leg. , ch. 1022, § 26, eff. Sept. 1, 1997 . § 42.051. PROVISIONAL LICENSE. (a) The department shall issue a provisional license when a facility's plans meet the department' s licensing requirements and one of the following situations exists: (1) the facility is not currently operating; (2) the facility has relocated and has made changes in the type of child-care service it provides; or (3) there is a change in ownership of the facility resulting in changes in policy and procedure or in the staff who have direct contact with the children. (b) A provisional license is valid for six months from the date it is issued and may be renewed for an additional six months. Acts 1979, 66th Leg. , p. 2365, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1989, 71st Leg. , ch. 707, § 2, eff. Sept. 1, 1989; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997 . § 42.052. CERTIFICATION, LISTING, AND REGISTRATION. (a) A state-operated child-care facility or child-placing agency must receive certification of approval from the department. The certification of approval remains valid until revoked or surrendered. (b) To be certified, a facility must comply with the department's rules and standards and any provisions of this chapter that apply to a licensed facility of the same category. The operator of a certified facility must display the certification in a prominent place at the facility. (c) A family home that provides care for compensation for three or fewer children, excluding children who are related to the caretaker, shall list with the department if the home provides regular care in the caretaker's own residence. The home may register with the department. (d) A family home that provides care for four or more children, excluding children who are related to the caretaker, shall register with the department. A family home that provides care exclusively for any number of children who are related to the caretaker is not required to be listed or registered with the department. (e) A registration or listing remains valid until revoked or surrendered. The operator of a registered home must display the registration in a prominent place at the home. (f) To remain listed or registered with the department, a family home must comply with the department's rules and standards, if applicable, and any provision of this chapter that applies to a listed or registered family home. (g) The certification requirements of this section do not apply to a Texas Youth Commission facility, a Texas Juvenile Probation Commission facility, or a facility providing services solely for the Texas Youth Commission. (h) The certification requirements of this section do not apply to a juvenile detention facility certified under Section 51. 12, Family Code, or Section 141.042 (d) . (i) The department shall provide to a listed family home a copy of the listing. A listing must contain a provision that states: "THIS HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR REGISTERED WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES. IT HAS NOT BEEN INSPECTED AND WILL NOT BE INSPECTED. " The operator of a listed home is not required to display the listing in a prominent place at the home but shall make the listing available for examination. The department by rule shall provide for a sufficient period to allow operators of family homes to comply with the listing requirement of this section. (j ) The operator of a listed family home shall undergo initial and subsequent background and criminal history checks required under Section 42.056. (k) The department shall issue a listing or registration to a family home, as appropriate, in both English and Spanish when the most recent federal census shows that more than one-half of the population in a municipality or in a commissioners precinct in a county in which the family home is located is of Hispanic origin or Spanish-speaking. Acts 1979, 66th Leg. , p. 2365, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg. , p. 2813, ch. 759, § 4, eff. Aug. 31, 1981; Acts 1985, 69th Leg. , ch. 212, § 2, eff. Sept. 1, 1985; Acts 1985, 69th Leg. , ch. 915, § 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg. , ch. 1052, § 4 . 06, eff. Sept. 1, 1987; Acts 1989, 71st Leg. , ch. 707, § 3, eff. Sept. 1, 1989; Acts 1995, 74th Leg. , ch. 76, § 8 . 023, eff. Sept. 1, 1995; Acts 1995, 74th Leg. , ch. 262, § 55, eff. Jan. 1, 1996; Acts 1997, 75th Leg. , ch. 1022, § 32, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 8, eff. Sept. 1, 1997; Acts 2001, 77th Leg. , ch. 218, § 6 to 8, eff. Sept. 1, 2001. § 42.0521. DEPOSIT OF FEES. The fees authorized by this chapter and received by the department shall be deposited in the general revenue fund. Added by Acts 1985, 69th Leg. , ch. 239, § 5, eff. Sept. 1, 1985. § 42.0522. PUBLIC ADVERTISING OF FAMILY HOMES. (a) A family home may not place a public advertisement that uses the title "registered family home" or any variation of that phrase unless the home is registered under this chapter. Any public advertisement for a registered family home that uses the title "registered family home" must contain a provision in bold type stating: "THIS HOME IS REGISTERED WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES BUT IS NOT LICENSED OR REGULARLY INSPECTED. " (b) A family home may not place a public advertisement that uses the title "listed family home" or any variation of that phrase unless the home is listed as provided by this chapter. Any public advertisement for a listed family home that uses the title "listed family home" must contain a provision in bold type stating: "THIS HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR REGISTERED WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES. IT HAS NOT BEEN INSPECTED AND WILL NOT BE INSPECTED. " Added by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 9, eff. Sept. 1, 1997. § 42 .053. AGENCY FOSTER HOMES AND AGENCY FOSTER GROUP HOMES. (a) An agency foster home or agency foster group home is considered part of the child-placing agency that operates the agency foster home or agency foster group home for purposes of licensing. (b) The operator of a licensed agency shall display a copy of the license in a prominent place in the agency foster home or agency foster group home used by the agency. (c) An agency foster home or agency foster group home shall comply with all provisions of this chapter and all department rules and standards that apply to a child-care facility caring for a similar number of children for a similar number of hours each day. (d) The department shall revoke or suspend the license of a child-placing agency if an agency foster home or agency foster group home operated by the licensed agency fails to comply with Subsection (c) of this section. Acts 1979, 66th Leg. , p. 2365, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1987, 70th Leg. , ch. 1052, § 4.07, eff. Sept. 1, 1987; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997. § 42.0535. REQUIRED INFORMATION FOR VERIFICATION. (a) A child-placing agency that seeks to verify an agency home or an agency group home shall request background information about the agency home or group home from a child-placing agency that has previously verified that agency home or agency group home. (b) Notwithstanding Section 261.201, Family Code, a child-placing agency that has verified an agency home or an agency group home is required to release to another child-placing agency background information requested under Subsection (a) . (c) A child-placing agency that releases background information under this section is immune from civil and criminal liability for the release of the information. (d) For purposes of this section, background information means the home study under which the agency home or agency group home was verified by the previous child-placing agency and any record of noncompliance with state minimum standards received and the resolution of any such noncompliance by the previous child-placing agency. Added by Acts 1997, 75th Leg. , ch. 575, § 36 (a) , eff. Sept. 1, 1997. § 42.054 . FEES. (a) The department shall charge an applicant a nonrefundable application fee of $35 for an initial license to operate a child-care facility or a child-placing agency. (b) The department shall charge each child-care facility a fee of $35 for a provisional license. The department shall charge each child-placing agency a fee of $50 for a provisional license. (c) The department shall charge each licensed child-care facility an annual license fee in the amount of $35 plus $1 for each child the child-care facility is permitted to serve. The fee is due on the date on which the department issues the child-care facility's initial license and on the anniversary of that date. (d) The department shall charge each licensed child-placing agency an annual license fee of $100. The fee is due on the date on which the department issues the child-placing agency's initial license and on the anniversary of that date. (e) The department shall charge each family home that is listed or registered with the department an annual fee to cover a part of the department's cost in regulating family homes. The amount of the fee is $20 for a listed home or $35 for a registered home. The fee is due on the date on which the department initially lists or registers the home and on the anniversary of that date. (f) If a facility, agency, or home fails to pay the annual fee when due, the license, listing, or registration, as appropriate, is suspended until the fee is paid. (g) The provisions of Subsections (b) through (f) of this section do not apply to: (1) licensed foster homes and licensed foster group homes; (2) nonprofit facilities regulated under this chapter that provided 24-hour care for children in the managing conservatorship of the department during the 12-month period immediately preceding the anniversary date of the facility's license; or (3) facilities operated by a nonprofit corporation or foundation that provides 24-hour residential care and does not charge for the care provided. Amended by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 10, 11, eff. Sept. 1, 1997. § 42.055. SIGN POSTING. (a) Each child-care facility shall post in a location that is conspicuous to all employees and customers a sign that includes: (1) a description of the provisions of the Family Code relating to the duty to report child abuse or neglect; (2) a description of the penalties for violating the reporting provisions of the Family Code; and (3) a brief description of sudden infant death syndrome, shaken-baby syndrome, and childhood diabetes and methods for preventing those phenomena. (b) The department by rule shall determine the design, size, and wording of the sign. (c) The department shall provide the sign to each child-care facility without charge. (d) A person who operates a child-care facility commits an offense if the department provides a sign to the facility as provided by this section and the person intentionally fails to display the sign in the facility as prescribed by this section. An offense under this subsection is a Class C misdemeanor. Added by Acts 1989, 71st Leg. , 1st C.S. , ch. 20, § 1, eff. Nov. 1, 1989. Amended by Acts 1997, 75th Leg. , ch. 165, § 7. 47, eff. Sept. 1, 1997. Renumbered from V.T.C.A. , Human Resources Code § 42.056 and amended by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg. , ch. 221, § 1, eff. Sept. 1, 2001. § 42.056. REQUIRED BACKGROUND AND CRIMINAL HISTORY CHECKS. (a) In accordance with rules adopted by the department, the director, owner, or operator of a child-care facility or family home shall, when applying to operate a child-care facility or when listing or registering a family home and at least once during each 24 months after receiving a license, listing, registration, or certification of approval, submit to the department for use in conducting background and criminal history checks: (1) the name of the director, owner, and operator of the facility or home, and the name of each person employed at the facility or home; and (2) the name of each person 14 years of age or older who will regularly or frequently be staying or working at the facility or home while children are being provided care. (b) The department shall conduct background and criminal history checks using: (1) the information provided under Subsection (a) ; (2) the information made available by the Department of Public Safety under Section 411. 114, Government Code, or by the Federal Bureau of Investigation or other criminal justice agency under Section 411. 087, Government Code; and ( 3) the department ' s records of reported abuse and neglect. (c) The department by rule shall require a child-care facility or registered family home to pay to the department a fee in an amount not to exceed the administrative costs the department incurs in conducting a background and criminal history check under this section. Amended by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997 . § 42.058 . COMPETITIVE BIDDING OR ADVERTISING RULES. (a) The board may not adopt rules restricting competitive bidding or advertising by a license holder or registration holder except to prohibit false, misleading, or deceptive practices or to prevent a violation of this chapter. (b) In its rules to prohibit false, misleading, or deceptive practices, the board may not include a rule that : (1) restricts the use of any medium for advertising; (2) restricts the use of a license holder's or registration holder' s personal appearance or voice in an advertisement; (3) relates to the size or duration of an advertisement by the license holder or registration holder; or (4) restricts the license holder's or registration holder' s advertisement under a trade name. Added by Acts 1997, 75th Leg. , ch. 1022, § 33, eff. Sept. 1, 1997 . § 42. 059. REQUIRED AFFIDAVIT FOR APPLICANTS FOR EMPLOYMENT WITH FACILITY OR REGISTERED FAMILY HOME. (a) An applicant for temporary or permanent employment with a licensed facility or registered family home whose employment or potential employment with the facility or home involves direct interactions with or the opportunity to interact and associate with children must execute and submit the following affidavit with the application for employment : STATE OF COUNTY OF I swear or affirm under penalty of perjury that I do not now and I have not at any time, either as an adult or as a juvenile: 1 . Been convicted of; 2. Pleaded guilty to (whether or not resulting in a conviction) ; 3. Pleaded nolo contendere or no contest to; 4 . Admitted; 5. Had any judgment or order rendered against me (whether by default or otherwise) ; 6. Entered into any settlement of an action or claim of; 7. Had any license, certification, employment, or volunteer position suspended, revoked, terminated, or adversely affected because of; 8. Resigned under threat of termination of employment or volunteerism for; 9. Had a report of child abuse or neglect made and substantiated against me for; or 10. Have any pending criminal charges against me in this or any other jurisdiction for; Any conduct, matter, or thing (irrespective of formal name thereof) constituting or involving (whether under criminal or civil law of any jurisdiction) : 1. Any felony; 2. Rape or other sexual assault; 3. Physical, sexual, emotional abuse and/or neglect of a minor; 4 . Incest; 5. Exploitation, including sexual, of a minor; 6. Sexual misconduct with a minor; 7. Molestation of a child; 8. Lewdness or indecent exposure; 9. Lewd and lascivious behavior; 10. Obscene or pornographic literature, photographs, or videos; 11. Assault, battery, or any violent offense involving a minor; 12. Endangerment of a child; 13. Any misdemeanor or other offense classification involving a minor or to which a minor was a witness; 14 . Unfitness as a parent or custodian; 15. Removing children from a state or concealing children in violation of a court order; 16. Restrictions or limitations on contact or visitation with children or minors resulting from a court order protecting a child or minor from abuse, neglect, or exploitation; or 17. Any type of child abduction. Except the following (list all incidents, location, description, and date) (if none, write NONE) Signed Date Subscribed and sworn to (or affirmed) before me this day of Signature of notarial officer (seal, if any, of notarial officer) My commission expires: (b) The failure or refusal of the applicant to sign or provide the affidavit constitutes good cause for refusal to hire the applicant. Added by Acts 1997, 75th Leg. , ch. 1022, § 33, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg. , ch. 1129, § 3, eff. Sept. 1, 1999. § 42.060. CARBON MONOXIDE DETECTORS. (a) In this section, "carbon monoxide detector" means a device that detects and sounds an alarm to indicate the presence of a harmful level of carbon monoxide gas. (b) Except as provided by Subsection (d) , each day-care center, group day-care home, and family home must be equipped with carbon monoxide detectors in accordance with department rules. (c) The department by rule shall prescribe requirements regarding the placement, installation, and number of carbon monoxide detectors and maintenance procedures for those detectors. (d) A day-care center is exempt from the carbon monoxide detector requirements prescribed by this section if the day-care center is located in a school facility that is subject to the school facility standards adopted by the commissioner of education under Section 46.008, Education Code, or similar safety standards adopted by the board of a local school district. Added by Acts 2003, 78th Leg. , ch. 127, § 1, eff. Sept. 1, 2003. SUBCHAPTER D. REMEDIES § 42.0705. RANGE OF PENALTIES. The department shall revoke, suspend, or refuse to renew a license or registration, place on probation a person whose license or registration has been suspended, or reprimand a license holder or registration holder for a violation of this chapter or a rule of the board. If a license or registration suspension is probated, the department may require the license holder or registration holder to: (1) report regularly to the department on matters that are the basis of the probation; (2) limit services to the areas prescribed by the department; (3) continue or review professional education until the license holder or registration holder attains a degree of skill satisfactory to the department in those areas that are the basis of the probation; or (4) take corrective action relating to the violation on which the probation is based. Added by Acts 1997, 75th Leg. , ch. 1022, § 34, eff. Sept. 1, 1997. § 42.071. SUSPENSION, EVALUATION, OR PROBATION OF LICENSE OR REGISTRATION. (a) The department may suspend the license of a facility or the registration of a family home that has temporarily ceased operation but has definite plans for starting operations again within the time limits of the issued license or registration. (b) The department may suspend a facility's license or a family home's registration for a definite period rather than deny or revoke the license or registration if the department finds repeated noncompliance with standards that do not endanger the health and safety of children. To qualify for license or registration suspension under this subsection, a facility or family home must suspend its operations and show that standards can be met within the suspension period. (c) If the department finds a facility or family home is in repeated noncompliance with standards that do not endanger the health and safety of children, the department may schedule the facility or family home for evaluation or probation rather than suspend or revoke the facility's license or the family home's registration. The department shall provide notice to the facility or family home of the evaluation or probation and of the items of noncompliance not later than the 10th day before the evaluation or probation period begins. The department shall designate a period of not less than 30 days during which the facility or family home will remain under evaluation. During the evaluation or probation period, the facility or family home must correct the items that were in noncompliance and report the corrections to the department for approval. (d) The department shall revoke the license of a facility or the registration of a family home that does not comply with standards at the end of a license or registration suspension. (e) The department may suspend or revoke the license of a facility or the registration of a family home that does not correct items that were in noncompliance or that does not comply with required standards within the applicable evaluation or probation period. Acts 1979, 66th Leg. , p. 2365, ch. 842, art . 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg. , p. 111, ch. 23, § 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg. , ch. 1081, § 2, eff. Sept. 1, 1987; Acts 1997, 75th Leg. , ch. 1022, § 35, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997 . § 42.0715. COSTS CHARGED TO FACILITY OR FAMILY HOME. The department may charge a facility or family home for reimbursement of the reasonable cost of services provided by the department in formulating, monitoring, and implementing a corrective action plan for the facility or family home. Added by Acts 1997, 75th Leg. , ch. 1022, § 36, eff. Sept. 1, 1997 . § 42.072. LICENSE, LISTING, OR REGISTRATION DENIAL, SUSPENSION, OR REVOCATION. (a) The department may suspend, deny, revoke, or refuse to renew the license, listing, registration, or certification of approval of a facility or family home that does not comply with the requirements of this chapter, the standards and rules of the department, or the specific terms of the license, listing, registration, or certification. The department may revoke the probation of a person whose license, listing, or registration is suspended if the person violates a term of the conditions of probation. (b) If the department proposes to take an action under Subsection (a) , the person is entitled to a hearing conducted by the State Office of Administrative Hearings. Proceedings for a disciplinary action are governed by the administrative procedure law, Chapter 2001, Government Code. Rules of practice adopted by the board under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings. (c) A person whose license, listing, registration, or certification is revoked may not apply for any license, listing, registration, or certification under this chapter before the second anniversary of the date on which the revocation takes effect by department or court order. (d) The department by rule may provide for denial of an application or renewal for a licensed facility or for listing or registering a family home or may revoke a facility's license or a family home's listing or registration based on findings of background or criminal history as a result of a background or criminal history check. (e) A person may continue to operate a facility or family home during an appeal of a license, listing, or registration denial or revocation unless the revocation or denial is based on a violation which poses a risk to the health or safety of children. The department shall by rule establish the violations which pose a risk to the health or safety of children. The department shall notify the facility or family home of the violation which poses a risk to health or safety and that the facility or family home may not operate. A person who has been notified by the department that the facility or home may not operate under this section may seek injunctive relief from a district court in Travis County or in the county in which the facility or home is located to allow operation during the pendency of an appeal. The court may grant injunctive relief against the agency's action only if the court finds that the child-care operation does not pose a health or safety risk to children. A court granting injunctive relief under this subsection shall have no other jurisdiction over an appeal of final agency action unless conferred by Chapter 2001, Government Code. (f) The department shall deny an application or renewal for listing or registering a family home or shall revoke a family home's listing or registration if the results of a background or criminal history check conducted by the department under Section 42. 056 show that a person has been convicted of an offense under Title 5, or 6, Penal Code, or Chapter 43, Penal Code. Acts 1979, 66th Leg. , p. 2365, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg. , p. 111, ch. 23, § 2, eff. Aug. 29, 1983; Acts 1993, 73rd Leg. , ch. 977, § 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg. , ch. 76, § 5. 95 (49) , eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 1022, § 37, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 13, eff. Sept. 1, 1997; Acts 2001, 77th Leg. , ch. 218, § 11, eff. Sept. 1, 2001. § 42.073. EMERGENCY SUSPENSION AND CLOSURE OF A FACILITY OR FAMILY HOME. (a) The department shall suspend a facility's license or a family home's listing or registration and order the immediate closing of the facility or family home if: (1) the department finds the facility or family home is operating in violation of the applicable standards prescribed by this chapter; and (2) the violation creates an immediate threat to the health and safety of the children attending or residing in the facility or family home. (b) An order suspending a license, listing, or registration and an order closing a facility or family home under this section is immediately effective on the date on which the holder of the license, listing, or registration receives written notice or on a later date specified in the order. (c) An order is valid for 10 days after the effective date of the order. Acts 1979, 66th Leg. , p. 2366, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1993, 73rd Leg. , ch. 977, § 2, eff. Sept. 1, 1993; Acts 1995, 74th Leg. , ch. 76, § 5. 95 (49) , eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 1022, § 38, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 14, eff. Sept. 1, 1997 . § 42.074. INJUNCTIVE RELIEF. (a) When it appears that a person has violated, is violating, or is threatening to violate the licensing, certification, listing, or registration requirements of this chapter or the department's licensing, certification, listing, or registration rules and standards, the department may file a suit in a district court in Travis County or in the county where the facility or family home is located for assessment and recovery of civil penalties under Section 42.075, for injunctive relief, including a temporary restraining order, or for both injunctive relief and civil penalties. (b) The district court shall grant the injunctive relief the facts may warrant. (c) At the department's request, the attorney general or the county or district attorney of the county in which the facility or family home is located shall conduct a suit in the name of the State of Texas for injunctive relief, to recover the civil penalty, or for both injunctive relief and civil penalties as authorized by Subsection (a) . (d) Injunctive relief provided by this section is in addition to any other action, proceeding, or remedy authorized by law. It is not necessary to allege or prove in an action filed under this section that an adequate remedy at law does not exist or that substantial or irreparable harm would result from the continued violation. (e) The department is not required to give an appeal bond in an action arising under this section. Acts 1979, 66th Leg. , p. 2367, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1987, 70th Leg. , ch. 1052, § 4 .09, eff. Sept. 1, 1987; Acts 1997, 75th Leg. , ch. 1022, § 39, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 15, eff. Sept. 1, 1997. § 42. 075. CIVIL PENALTY. (a) A person is subject to a civil penalty of not less than $50 nor more than $100 for each day of violation and for each act of violation if the person: (1) threatens serious harm to a child in a facility or family home by violating a provision of this chapter or a department rule or standard; (2) violates a provision of this chapter or a department rule or standard three or more times within a 12-month period; or (3) places a public advertisement for an unlicensed facility or an unlisted or unregistered family home. (b) The civil penalty authorized by this section is cumulative and in addition to the criminal penalties and injunctive relief provided by this chapter. Acts 1979, 66th Leg. , p. 2367, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1997, 75th Leg. , ch. 1022, § 40, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 16, eff. Sept. 1, 1997. § 42.076. CRIMINAL PENALTIES. (a) A person who operates a child-care facility or child-placing agency without a license commits a Class B misdemeanor. (b) A person who operates a family home without a required listing or registration commits a Class B misdemeanor. (c) A person who places a public advertisement for an unlicensed facility or an unlisted or unregistered family home commits a Class C misdemeanor. (d) It is not an offense under this section if a professional provides legal or medical services to: (1) a parent who identifies the prospective adoptive parent and places the child for adoption without the assistance of the professional; or (2) a prospective adoptive parent who identifies a parent and receives placement of a child for adoption without assistance of the professional. Acts 1979, 66th Leg. , p. 2367, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1985, 69th Leg. , ch. 915, § 2, eff. Sept. 1, 1985; Acts 1995, 74th Leg. , ch. 411, § 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 664, § 5, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1022, § 41, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 17, eff. Sept. 1, 1997. § 42.077. NOTICE OF ACTION AGAINST FACILITY OR FAMILY HOME. (a) If the department revokes or suspends a facility's license or a family home's listing or registration, the department shall publish notice of this action in a newspaper of general circulation in the county in which the facility or family home is located. The newspaper shall place the notice in the section in which advertisements for day-care services are normally published. (b) If a person who operates a facility or family home that has had its license, listing, or registration revoked or suspended later applies for a new license, listing, or registration to operate the same facility or family home, the department shall charge the person an application fee in an amount necessary to reimburse the department for the cost of the notice relating to that facility or family home. (c) The department shall pay for publication of the notice from funds appropriated to the department for licensing and regulating child-care facilities and for listing, registering, and regulating family homes and from appeal and application fees collected under Subsection (b) and appropriated to the department. (d) A facility or family home that has its license, listing, or registration revoked or suspended shall mail notification of this action by certified mail to the parents or guardian of the child served by the facility or family home. The facility or family home shall mail the notification within five days of the effective date of the revocation or suspension of the license, listing, or registration. (e) When the most recent federal census shows that more than one-half of the population in a municipality or in a commissioners precinct in a county in which a family home whose listing or registration has been revoked or suspended is located is of Hispanic origin or Spanish-speaking, the department shall publish the notice under Subsection (a) in both English and Spanish. Amended by Acts 1997, 75th Leg. , ch. 1022, § 42, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 18, eff. Sept. 1, 1997. § 42.078. ADMINISTRATIVE PENALTY. (a) The department may impose an administrative penalty against a facility or family home licensed or registered under this chapter that violates this chapter or a rule or order adopted under this chapter. Nonmonetary, administrative penalties or remedies including but not limited to corrective action plans, probation, and evaluation periods shall be imposed when appropriate before monetary penalties. (b) Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. The penalty for a violation may be in an amount not to exceed the following limits, based on the number of children receiving care at the facility or family home at the time of the violation: Number of children Maximum amount of penalty 20 or less $20 21-40 $30 41-60 $40 61-80 $50 81-100 $75 More than 100 $100 (c) The amount of the penalty shall be based on: (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited acts, and the hazard or potential hazard created to the health, safety, or economic welfare of the public; (2) the economic harm to property or the environment caused by the violation; (3) the history of previous violations; (4) the amount necessary to deter future violations; (5) efforts to correct the violation; and (6) any other matter that justice may require. (d) Monetary penalties shall not be assessed for violations of clerical errors or standards which do not clearly apprise the facility or family home of the action required by the standard. (e) If the executive director determines that a violation has occurred, the executive director may issue a recommendation on the imposition of a penalty, including a recommendation on the amount of the penalty. (f) Within 14 days after the date the recommendation is issued, the executive director shall give written notice of the recommendation to the person owning or operating the facility. The notice may be given by certified mail. The notice must include a brief summary of the alleged violation and a statement of the amount of the recommended penalty and must inform the person that the person has a right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty. (g) Within 20 days after the date the person receives the notice, the person in writing may accept the determination and recommended penalty of the executive director or may make a written request for a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty. (h) If the person accepts the determination and recommended penalty of the executive director or fails to respond to the notice in a timely manner, the executive director shall issue an order and impose the recommended penalty. (i) If the person requests a hearing, the executive director shall set a hearing and give notice of the hearing to the person. The hearing shall be held by an administrative law judge of the State Office of Administrative Hearings. The administrative law judge shall make findings of fact and conclusions of law and issue a final decision finding that a violation has occurred and imposing a penalty or finding that no violation occurred. (j) The notice of the administrative law judge's order given to the person under Chapter 2001, Government Code, must include a statement of the right of the person to judicial review of the order. (k) Within 30 days after the date the administrative law judge's order becomes final as provided by Section 2001. 144, Government Code, the person shall: (1) pay the amount of the penalty; (2) pay the amount of the penalty and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty; or (3) without paying the amount of the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty. (1) Within the 30-day period, a person who acts under Subsection (k) (3) may: (1) stay enforcement of the penalty by: (A) paying the amount of the penalty to the court for placement in an escrow account; or (B) giving to the court a supersedeas bond that is approved by the court for the amount of the penalty and that is effective until all judicial review of the order is final; or (2) request the court to stay enforcement of the penalty by: (A) filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the amount of the penalty and is financially unable to give the supersedeas bond; and (B) giving a copy of the affidavit to the executive director by certified mail. (m) On receipt of a copy of an affidavit under Subsection (1) (2) , the executive director may file with the court, within five days after the date the copy is received, a contest to the affidavit. The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true. The person who files an affidavit has the burden of proving that the person is financially unable to pay the amount of the penalty and to give a supersedeas bond. (n) If the person does not pay the amount of the penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the amount of the penalty. (o) Judicial review of the order: (1) is instituted by filing a petition as provided by Subchapter G, Chapter 2001, Government Code; and (2) is under the substantial evidence rule. (p) If the court sustains the occurrence of the violation, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced amount of the penalty. If the court does not sustain the occurrence of the violation, the court shall order that no penalty is owed. (q) When the judgment of the court becomes final, the court shall proceed under this subsection. If the person paid the amount of the penalty and if that amount is reduced or is not upheld by the court, the court shall order that the appropriate amount plus accrued interest be remitted to the person. The rate of the interest is the rate charged on loans to depository institutions by the New York Federal Reserve Bank, and the interest shall be paid for the period beginning on the date the penalty was paid and ending on the date the penalty is remitted. If the person gave a supersedeas bond and if the amount of the penalty is not upheld by the court, the court shall order the release of the bond. If the person gave a supersedeas bond and if the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the amount. (r) A penalty collected under this section shall be sent to the comptroller for deposit in the general revenue fund. (s) All proceedings under this section are subject to Chapter 2001, Government Code. Added by Acts 1997, 75th Leg. , ch. 1022, § 43, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg. , ch. 1129, § 4, eff. Sept. 1, 1999. 1 NOTICE OF posed Standards of 2 PUBLIC HEARING Care are available for 3 CITY OF WYLIE viewing in the City 4 TO CONSIDER AN Secretary's Office, 5 ORDINANCE 2000 State Highway 78 6 ADOPTING North, Wylie, Texas. 7 THE STANDARDS 8 OF CARE FOR Robert Diaz 9 YOUTH Assistant 10 PROGRAMS Superintendent 11 City of Wylie Parks& 12 The Wylie City Recreation 13 Council hold a Public Department 14 Hearing on Tuesday, 15 March 10, 2009 at 16 7:00 p.m. in the 17 Council Chambers at 18 the Municipal 19 Complex, 2000 State 20 Highway 78 North, 21 Wylie, Texas. The 22 purpose of this hearing 23 is to consider an 24 Ordinance adopting 25 the Standards of Care 26 for Youth Programs in 27 compliance with the 28 1995 Senate Bill 212. 29 30 The proposed 31 Standards of Care will 32 comply with Senate 33 Bill 212 and be a stan- 34 dard that will be used 35 for all youth programs 36 run by the Wylie Parks 37 and Recreation 38 Department. 39 40 All citizens or interest- 41 ed parties who wish to 42 comment concerning 43 this request may speak 44 during the Public 45 Hearing. The pro- Wylie City Council CITY of YLIE AGENDA REPORT Meeting Date: March 9, 2010 Item Number: 3 Department: City Secretary/Art Liaison (City Secretary's Use Only) Prepared By: C. Ehrlich Account Code: Date Prepared: March 2 2010 Budgeted Amount: Exhibits: Contract Subject Consider, and act upon, the final artist and art design for the new Wylie Municipal Complex Art Project, Site #1 and authorizing the City Manager to execute a contract to commission the art. Recommendation A motion approving the final art design by Steve Gillman and authorize the City Manager to execute a contract to commission the art. Discussion In October of 2009, the Public Arts Advisory Board published a "Call for Artists" to the Public Art Network website for two art projects for the new Wylie Municipal Complex. In response to that call, the city received 155'artist responses,for two art sites at the new Wylie Municipal Complex. Site #1 was budgeted at $200,000 and will be placed in the parking median directly in front of the Recreation Center. A pare-down committee consisting of three PAAB members: Erin Dougherty, Alvaro Salinas and Stewart Matthews and two area art coordinators: Margaret Robinette, City of Dallas, 28 years, retired and Christine Eubanks, City of Plano, reviewed these submissions and narrowed the artists to 24 for Site#1. The Public Arts Advisory Board appointed an Art Selection Panel to review the top 24 artists for Site #1 and narrow the artists to three semi-finalists. The artists selected were: Cliff Garten, Steve Gillman,and Brower Hatcher. These three artists were invited to a community input meeting held on January 7, 2010. Approximately 45 people attended the input meeting and gave direction to the artists regarding the community, history and art for Wylie. The artists went back to their studios to create a final maquette and/or 3D design of what they felt would best fit both the space and the essence of Wylie. On February 17, 2010 the selection panel met with the artists to review their presentations of the final art designs. The panel unanimously chose Steve Gillman as the finalist for Site #1. Members serving on the selection panel included: Maribeth Flowers, landscape designer; Margaret Robinette, retired art coordinator, City of Dallas; Marie Renfro, artist; John Pototschnik, artist; Donna Edge, Wylie ISD; Renae' 011ie, Planning Page 1 of 1 Page 2 of 2 Director; Rachel Orozco, Library Director; Stewart Matthews, PAAB chair; Mike Sferra, Public Services Director and Mary Davis, long time citizen of Wylie. Art consultant Sharon Leeber was present to answer questions regarding the artists at both the pare-down and selection panel meetings. The Public Arts Advisory Board would like to publicly thank the Municipal Complex Pare-Down Committee and the Selection Panel for their time and commitment to these art projects. The art design was unanimously selected by the Public Arts Advisory Board after recommendation by the selection panel and is recommending Mr. Gillman to the Wylie City Council. Steve Gillman has completed his presentation and staff has attached the proposed contract to commission the art. The city attorney's office has reviewed and approved the contract. The contract has a completion and installation date of December 15, 2010. This is flexible with regard to construction timeline changes; the city will not be responsible for storage of the art prior to final installation and acceptance by the city. Approved By Initial Date Department Director CE 3-2-2010 City Manager }x " AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS (CITY) AND STEVE GILLMAN (ARTIST) FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED MUNICIPAL COMPLEX,SITE#1, PUBLIC ART PROJECT 200 COUNTRY CLUB ROAD WYLIE,TEXAS 75098 made as of the 9th day of March, in the Year 2010 BETWEEN the City: The City of Wylie, Texas 2000 State Highway 78 Wylie, Texas 75098 Telephone 972-442-8100 Facsimile and the Artist(s): Steve Gillman 1765 12th Street Oakland, CA 94607 Telephone: 214-824-8023 Facsimile: 484-970-8537 For the following Project: Fabrication and Installation of the proposed Municipal Complex, Site #1 Public Art Project The City and the Artist 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 (the "City"), and Steve Gillman, hereinafter referred to as (the "Artist"), to be effective from and after the date as provided herein, hereinafter referred to as(the"Agreement"). WHEREAS, the City desires to engage the services of the Artist to fabricate and install the proposed City of Wylie, Municipal Complex, Site #1 Public Art Project, hereinafter referred to as the "Project", which shall be installed in the location designated by the City on property located at 200 Country Club Road, Wylie, Texas 75098 (the"Municipal Complex Site"); and WHEREAS, the Artist desires to render such services for the City upon the terms and conditions provided herein. Agreement for Wylie Municipal Complex,Site#1 Public Commission-Steve Gillman,Artist 569611.v2 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 hereto agree as follows: ARTICLE 1 ARTIST'S SERVICES 1.1 Employment of the Artist- The City hereby agrees to retain the Artist to perform the services set forth herein in connection with the Project. Artist agrees to perform such services in accordance with the terms and conditions of this Agreement. 1.2 Scope of Services - The parties agree that Artist 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. 1.3 Schedule of Work - The Artist agrees to commence work immediately upon execution of this Agreement and receipt of first payment, and to proceed diligently with said work to completion as described in the Completion Schedule/Project Billing/Project Budget attached hereto as Exhibit "B" and incorporated herein by reference for all purposes. Both Parties understand that the Municipal Complex, where the Artwork is to be installed and displayed, is currently under construction. Both Parties likewise understand that Exhibit B may periodically need to be amended to accommodate construction schedules. Exhibit B can be amended only upon the agreement of both Parties. Notwithstanding anything to the contrary, Artist cannot begin making any improvements (i.e. construction of foundation or pathway, etc...) on the Municipal Complex Site without the prior written consent of the City. Notwithstanding anything to the contrary, fabrication of the Artwork and construction of the foundation for the Artwork and pathways required under this Agreement shall be completed no later than December 15, 2010. The City shall request delivery of the Artwork on or after December 15, 2010. Delivery and full installation of the Artwork shall be completed within fourteen (14) days of the City's request for delivery. The Artwork shall not be delivered to the Municipal Complex Site before the City sends a written request to the Artist for the delivery. ARTICLE 2 THE CITY'S RESPONSIBILITIES 2.1 Project Data - The City shall furnish required information, that it currently has in its possession, as expeditiously as necessary for the orderly progress of the work, and the Artist shall be entitled to rely upon the accuracy and completeness thereof. 2.2 City's Preparation of Site — Before the Artist is asked to begin making the improvements to the Municipal Complex Site, as required under this Agreement (i.e. construction of the foundation or pathway, etc...), the City shall clear the area designated for the installation of the Artwork of any and all equipment, vehicles, storage containers, construction materials, and/or similar physical impediments that would otherwise impede the installation of the Artwork. 2.3 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 Artist and shall render any required decisions pertaining thereto as soon as practical so as to avoid unreasonable delay in the progress of the Artist's services. Agreement for Wylie Municipal Complex,Site#1 Public Commission-Steve Gillman,Artist 569611_v2 ARTICLE 3 ARTIST'S COMPENSATION 3.1 Compensation for Artist's Services - As described in "Article 1, Artist's Services", compensation for this Project shall be Two Hundred Thousand Dollars ($ 200,000.00) ("Artist's Fee") and will cover all services to be rendered and materials to be provided in accordance with this Agreement. The Artist's Fee shall be paid in accordance with Article 3 and the Completion Schedule/Project Billing/Project Budget as set forth in Exhibit "B", attached hereto. The final fifteen (15)percent of the Artist's Fee, or Thirty Thousand Dollars ($30,000.00) shall not be paid until the Artist has completed, delivered and installed, where applicable, all of the Artwork services and tasks described in Exhibits"A''and "B",attached hereto. 3.2 Invoices—No payment to the Artist shall be made until Artist tenders an invoice to the City. Payments are payable to the Artist within thirty (30) days from the date of invoice as long as the invoice is mailed to City within three (3) days of the date of the invoice. Invoices are to be mailed to City immediately upon completion of each individual task listed in Exhibit"A". If any invoice remains outstanding and unpaid for more than sixty (60) days from the date of invoice, and Artist has fully performed its obligations as set forth herein, the Artist has the option upon written notice to the City, to suspend all work specified under this Agreement until the account is brought current. Continued performance and/or completion of work by the Artist under this Agreement shall resume upon the payment of the earned fees by the City. 3.3 Failure to Pay- Failure of the City to pay an invoice, for a reason other than cause, to the Artist within sixty (60) days from the date of the invoice shall grant the Artist the right, in addition to any and all other rights provided, to, upon written notice to the City, refuse to render further services to the City and such act or acts shall not be deemed a breach of this Agreement. The City shall not be required to pay any invoice submitted by the Artist if the Artist breached any provision(s)herein. 3.4 Adjusted Compensation - If the Scope of the Project or if the Artist's Services are materially changed, the amounts of the Artist's compensation shall be equitably adjusted as approved by City. Any additional amounts paid to the Artist 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. 3.5 Project Suspension - If the Project is suspended or abandoned in whole or in part, by the City for more than three (3) months, Artist 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, Artist shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs and/or any other items prepared by Artist in connection with this Agreement prior to Artist receiving final payment. If the Project is resumed after being suspended for more than three (3) months, the Artist's compensation shall be equitably adjusted as approved by the City. Any additional amounts paid to the Artist after the Project is resumed shall be agreed upon in writing by both parties before the services are performed. ARTICLE 4 OWNERSHIP AND COPYRIGHT 4.1 Ownership of Work - The Project is the property of the City, and the Artist shall not make any duplicate work of the same or substantially similar size, nor shall the Artist grant permission to others to do so except with the written permission of the City. The City shall be entitled to copies of the plans and the maquette, which are prepared by the Artist in connection with the development and fabrication of the Project under this Agreement. The ownership of the art for Wylie's Municipal Complex, Site #1 transferred to the City upon full payment of Artwork described in Exhibits"A"and "B" attached hereto. Agreement for Wylie Municipal Complex,Site#1 Public Commission-Steve Gillman,Artist 569611.v2 4.2 Ownership of Copyright- Artist shall retain the copyright to the Artwork. Artist shall take all steps, at his own expense,to protect the copyright of the Artwork. 4.3 License to City - The Artist irrevocably licenses the City, its employees, representatives, officers and agents, the right to make photographs, two dimensional reproductions, and adaptations of the work for educational, public relations, arts promotional and other non-commercial purposes. For the purposes of this Agreement,the following, among others, are deemed to be reproductions and/or adaptations for non-commercial purposes: reproduction in exhibition catalogues, websites, books, slides, photographs, postcards, posters, and calendars; in magazines, books, art and news sections of newspapers; in general books and magazines not primarily devoted to art but of an educational, historical or critical nature; slides, videos and film strips not intended for a mass audience, and television from stations operated for educational purposes or on programs for educational and news purposes from all stations. 4.4 Copyright Notice — The City undertakes to use its reasonable efforts to include in any reproductions which it makes of the Artwork a copyright notice in the following form: Copyright Steve Gillman 4.5 Representations and Warranties Regarding Copyright—The Artist represents and warrants that the Artwork is an original creation of Artist's and will not infringe the copyright, trademark, or other intangible rights of any third party. ARTICLE 5 FABRICATION 5.1 Specifications—Artist will fabricate the Artwork, or cause it to be fabricated, in substantial conformity with the Design approved by City as set forth in Exhibit"A". 5.2 Changes — Any significant changes to the Artwork by either Artist or as requested by City will be approved in writing by the other party. For purposes of this Agreement, a "significant change" will mean any change, including but not limited to, a change in the scope, design, color, size, or material of the Artwork, which affects cost, installation, site preparation, maintenance and concept as represented in the Design described in Exhibit"A". If Artist wishes to make a significant change to the Artwork, he/she must request written approval from the City of the change in writing at the address provided in Section 14. City will provide a written response within thirty(30)calendar days. 5.3 Review of the Artwork — The City will be given access to the Artwork during reasonable business hours at Artist's or fabricator's studio in order to review the Artwork and Artist's or fabricator's progress with fabrication of the Artwork. Alternatively, the City requests and shall be given photographic documentation of Artist's progress to verify each stage that triggers payment pursuant to Section 3.1 above. 5.4 Notification of Fabrication Completion— Artist will notify the City in writing pursuant to Section 15 below when the Artwork is completed and ready for delivery. This shall be done no later than December 15, 2010. Designated representatives of the City will have the opportunity to inspect the Artwork for conformity with the design and structural requirements prior to delivery and to give written approval or disapproval of the Artwork for thirty(30) business days following notice from the Artist. As an alternative to the studio inspection, photographic documentation may be submitted to the City upon completion of the Artwork. 5.5 Preparation of Site — Due to the nature of the streetscape project and installation of the Artwork, cooperation from the City's designated Landscape Architect is required. City will provide Artist with the specifications and drawings for the specific area at the site where the Artwork is to be installed. Artist is responsible for obtaining and forwarding to City design drawings and calculations for the installation of the Agreement for Wylie Municipal Complex,Site#1 Public Commission-Steve Gillman,Artist 569611.v2 Artwork prepared by a professional structural engineer. The drawings will illustrate the Artwork's support system, including without limitation, connection to the base. The Landscape Architect will utilize these drawings and if, during installation,the Artwork is found to differ from the specifications noted in the drawings, it will be the Artist's responsibility to remedy the discrepancy and bring the Agreement into conformance with the drawings. 5.6 Warranty of Craftsmanship —The Artist warrants that the Artwork will be free of defects in workmanship and materials. In the event that any defects become apparent in the workmanship or materials within five(5)years of the execution of this Agreement, Artist will remedy any defects at Artist's sole cost and expense. ARTICLE 6 STORAGE 6.1 Storage — The Artist shall be solely responsible for any and all necessary storage and transportation costs associated with this Agreement and/or the Project. Artist shall remain solely responsible for ensuring the safety of the Artwork until the permanent installation is completed and the Artist receive final approval of artwork as required herein. ARTICLE 7 FINAL APPROVAL OF ARTWORK Within ten (10)business days of the permanent installation of the Artwork, the City will inspect the Artwork to determine whether it conforms to all of the requirements of this Agreement. If the City desires any modifications to the Artwork or finds that any aspect of the Artwork is not in conformance with this Agreement, the City will notify Artist in writing within seven (7) business days of the inspection. Artist will have an opportunity to address and cure any defects, requests or concerns of the City within fifteen(15)days of the date of the City's notice provided pursuant to Article 7. ARTICLE 8 INTEGRITY OF THE WORK 8.1 Repairs and Maintenance - The City undertakes to exercise reasonable care to protect, repair, and maintain the work. Artist agrees to cooperate with and advise the City in connection with any such non-routine maintenance, including, without limitation, damage by acts of God, vandalism, conservation and/or replacement of any portion of the Artwork to the extent that he or she is able to do so. During Artist's lifetime, the City will not undertake any non-routine maintenance on the Artwork without attempting to consult with the Artist or his or her authorized representative unless an emergency requires the City to do so. 8.2 Relocation of the Work—To the extent that the Artwork is capable of being relocated, the City shall have the right to do so. If feasible, the City shall attempt to consult with the Artist concerning the relocation of the Artwork prior to any such relocation; however, the Artist's approval is not required for the relocation, if any. If the Artist is not pleased with such relocation, he or she shall have the right to renounce credit for the Artwork. If Artist renounces credit for his Artwork, this would include, among other things, relinquishment and abandonment of the copyrights described herein. 8.3 Credit—The City agrees, at its own expense,to prepare and install at or near the Project a public notice, the form and exact location of which shall be solely determined by City, giving Artist credit for the creation of the Artwork. Agreement for Wylie Municipal Complex,Site#1 Public Commission-Steve Gillman,Artist 569611.v2 ARTICLE 9 INSURANCE COVERAGE Artist shall provide and maintain the types and amounts of insurance set forth herein for and during all aspects and phases of this Project. Artist shall be required to provide and maintain general liability insurance with a minimum of One Million and No/100 Dollars ($1,000,000.00) per occurrence and Two Million and No/100 Dollars ($2,000,000.00) aggregate. In addition, Artist shall provide and maintain insurance for loss (including theft,fire and damage)and employee health and disability insurance, as well as any statutorily required workers' compensation insurance. All insurance and certificate(s)of insurance shall contain the following provisions: 1. Name the City, its officers, agents,representatives, and employees as additional insureds as to all applicable coverage with the exception of workers' compensation insurance. 2. Provide for at least thirty(30) days prior written notice to the City for cancellation, non- renewal, or material change of the insurance. 3. Provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. Insurance company qualification: All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least"A"by AM Best or other equivalent rating service. Certificate of insurance: A certificate of insurance evidencing the required insurance shall be submitted no later than the date of the execution of this Agreement. If this Agreement is renewed or extended by the City, a certificate of insurance shall also be provided to the City prior to the date the Agreement is renewed or extended. ARTICLE 10 AUDITS AND RECORDS/PROHIBITED INTEREST/VENDOR DISCLOSURE The Artist agrees that at any time during normal business hours and as often as City may deem necessary, Artist 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, all 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 Artist agrees that it is aware of the prohibited interest requirement of the City Charter, which is repeated on the Affidavit, and will abide by the same. Further, a lawful representative of Artist shall execute the Affidavit attached hereto as Exhibit "C" and incorporated herein by reference for all purposes. Artist understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement void able. The Artist 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 the Artist shall execute the Conflict of Interest Questionnaire, Form CIO, attached hereto as Exhibit "D" and incorporated herein for all purposes. Agreement for Wylie Municipal Complex,Site#1 Public Commission-Steve Gillman,Artist 569611.v2 ARTICLE 11 TERMINATION OF AGREEMENT/REMEDIES 11.1 Artist Default — Failure or refusal of the Artist to perform any act herein required, unless mutually agreed to in writing by the City and the Artist shall constitute a default. In the event of a default, in addition to any other remedy available to the City, this Agreement may be terminated by the City upon ten (10) day written notice. Such notice does not waive any other legal remedies available to the City. 11.2 Conditions for Termination of Agreement Other than Artist's Default — If the City deems, in its sole discretion, the Project design is inappropriate or unworkable for the site, or if the deadlines specified herein are not met due, in whole or in part, to the Artist's actions and/or omissions, or if cost estimates indicate that the Project cannot be completed within the Project budget,the City retains the right to terminate this Agreement and is released from the obligation to enter into fabrication and installation of the Artist's design concept for the Project. In the event of any termination, Artist shall deliver to City all work, entirely or partially completed. The Artist shall receive as compensation, full payment for services satisfactorily, as solely determined by the City, performed as outlined in Exhibit"B", as applicable,to the date of the termination notice received. The City shall make this final payment within thirty(30)days of notifying the Artist. 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 12 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 13 INDEMNITY ARTIST 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), CLAIMS FOR PATENT, TRADEMARK AND/OR COPYRIGHT INFRINGEMENT AND/OR ANY OTHER INTELLECTUAL PROPERTY AND/OR PROPRIETARY CLAIM, LOSSES, DEMANDS, SUITS,JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF ARTIST, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM ARTIST IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY ARTIST 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 Agreement for Wylie Municipal Complex,Site#1 Public Commission-Steve Gillman,Artist 569611.v2 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 ARTIST AND HIS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH ARTIST, 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. ARTIST IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS. IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY ARTIST AT A REASONABLE AND CUSTOMARY COST, 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 ARTIST'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF ARTIST'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. ARTIST 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 ARTIST FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF,AND ARTIST SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. ARTICLE 14 NOTICES Artist agrees that all notices or communications to City permitted or required under this Agreement shall be delivered to City at the following addresses: Mindy Manson City Manager Carole Ehrlich Public Arts Coordinator City of Wylie 2000 State Highway 78 Wylie, Texas 75098 City agrees that all notices or communication to Artist permitted or required under this Agreement shall be delivered to Artist at the following address: Steve Gillman 1765 12th Street Oakland, CA 94607 Agreement for Wylie Municipal Complex,Site#1 Public Commission-Steve Gillman,Artist 56961I.v2 Any notice provided for 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 15 MISCELLANEOUS 15.1 Complete Agreement - This Agreement, including the exhibits hereto labeled "A" through "D", all of which are incorporated herein for all purposes, constitute the entire agreement by and between the parties regarding the subject matter hereof and supersedes all prior and/or contemporaneous written and/or oral understandings. This Agreement may not be amended, supplemented, and/or modified except by written agreement duly executed by both parties. To the extent that any provision of this Agreement should conflict with the provisions of an exhibit, the provisions of this Agreement shall prevail. 15.2 Assignment and Subletting - The Artist 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 Artist further agrees that the assignment or subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Artist 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 Artist, and there shall be no third party billing. 15.3 Successors and Assigns - City and Artist, and their partners, assigns, successors, subcontractors, executors, officers, agents, employees, representatives, and administrators are hereby bound to the terms and conditions of this Agreement. 15.4 Severability - In the event a term, condition, or provision of this Agreement is determined to be invalid, illegal, void, unenforceable, or unlawful by a court of competent jurisdiction, then that term, condition, or provision, shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained herein. 15.5 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 Collin County, Texas, and this Agreement shall be construed under the laws of the State of Texas. 15.6 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. 15.7 Authority - The individuals executing this Agreement on behalf of the respective parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the 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 thereof. 15.8 Waiver - Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such parry's right thereafter to enforce and compel strict compliance. Agreement for Wylie Municipal Complex,Site#1 Public Commission-Steve Gillman, Artist 56961I.v2 15.9 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. 15.10 Multiple Counterparts - This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. 15.11 Sovereign Immunity—The parties agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 15.12 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. 15.13 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. 15.14 Death of Artist— In the event the Artist dies or becomes incapacitated during the term of this Agreement, the fabrication, delivery, and installation of the Artwork shall be completed pursuant to the Artist's design, conception, and plans by: Masayuki Nagase, 1801 Cedar St., Berkeley, CA 94703 15.15 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: ARTIST: The City of Wylie, Texas Steve Gillman, Artist By: By: Mindy Manson, City Manager Print Name: Steve Gillman Title: Artist Approved as to Form: By: Abernathy, Roeder, Boyd & Joplin, P.C. City Attorneys Agreement for Wylie Municipal Complex,Site#1 Public Commission-Steve Gillman, Artist 569611.v2 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, a Notary Public in and for this 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 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 9th day of March,2010. Notary Public in and For the State of Texas STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for this State of , on this day personally appeared Steve Gillman, Artist, 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 , 2010. Notary Public in and For the State of Agreement for Wylie Municipal Complex,Site#1 Public Commission-Steve Gillman,Artist 569611.v2 EXHIBIT "A" SCOPE OF SERVICES AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS (CITY) AND STEVE GILLMAN (ARTIST) FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED WYLIE MUNICIPAL COMPLEX, SITE #1,PUBLIC ART PROJECT 200 COUNTRY CLUB ROAD. WYLIE,TEXAS 75098 Project Description Wylie Municipal Complex, Site#1, Public Art Project To fabricate and install the proposed Municipal Complex, Site #1 artist Steve Gillman will perform the following tasks: A) Following a site visit, submit final schematic drawings of the proposal, based upon submitted maquette to City staff and the Public Arts Advisory Board for their review and approval within sixty (60) days of the receipt of this agreement. These drawings will include: • Detailed information of every physical feature of the construction of the Artwork and its integration with the site with any proposed changes to the previously submitted concept highlighted. (Final Design). • A description of any issues involved in the construction, integration and maintenance of the Artwork, as well as any third party subcontractors needed to work on the project. • A final project budget breakdown not to exceed $200,000. • An installation timeline. B) Following formal approval by the Public Arts Advisory Board, the Artist shall submit drawings stamped by an engineer, licensed by the State of Texas and paid for by the Artist, for certification that the Artwork, foundation, and its connection will be structurally sound. C) The Artist shall fabricate and install the Artwork in substantial conformity with the approved design. Any significant changes in the concept, as defined in Article 5.2, must be approved by the City. It is the responsibility of the Artist to coordinate with the City,the Project Landscape Architect, and Contractor to ensure that the site is prepared to receive the Artwork. The Artist will be responsible for preparation of the site, including installation of the foundation, pathways and lighting. The City will be responsible for landscaping around the space and electrical power to the site. D) Upon completion of the permanent installation and clean-up of the site, the City Project Manager will inspect the work and give notice of acceptance, as provided in this Agreement. The Artist will complete the City's maintenance worksheet and submit it to the City within ten (10) days of City's final acceptance of the Artwork. Agreement for Wylie Municipal Complex,Site#1 Public Commission-Steve Gillman, Artist 569611v2 MAINTENANCE PROCEDURES Materials and Care Information Sheet(to be filled out by the artist and submitted upon completion of the project prior to final payment.) Artist: Date: Title of Work: Media: Specific materials used (Brand name and type of all materials, i.e. type of paper and fiber content, mental alloy, chemical composition of patina, etc.) Specific techniques used in the fabrication of the Artwork. (Airbrush painting, lost wax casting, TIG welding, etc.): Fabricator name and address (if other than artist): Installation materials and techniques(Attach as-built drawings as appropriate): Recommended Maintenance procedures. (Be as specific as possible about techniques and materials): Cautions regarding maintenance, handling, etc: Agreement for Wylie Municipal Complex,Site#1 Public Commission-Steve Gillman, Artist 569611.v2 EXHIBIT "B" COMPLETION SCHEDULE/PROJECT BILLING/PROJECT BUDGET AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS (CITY) AND STEVE GILLMAN (ARTIST) FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED WYLIE MUNICIPAL COMPLEX, SITE #1 ART PROJECT 200 COUNTRY CLUB ROAD WYLIE,TEXAS 75098 (PROJECT) Completion Schedule and Project Billing TASK DESCRIPTION PAYMENT TIMELINE 1 Execution of Agreement and Notice to Proceed. $11,000.00 3/15/2010 Insurance documentation sent to City. 2 Submit final design and budget breakdown for 4/15/2010 approval to City Staff and Construction Manager. Stamped engineered drawings submitted. 3 Artist begins work upon issuance of city permit $33,150.00 5/01/2010 4 Completion of preparation and construction of $55,850.00 6/1/2010 footings 5 Completion Granite Stone Fabrication 6/2010 - 10/2010 6 Upon Delivery/Installation of Stone $70,000.00 10/30/2010 7 Completion of Stone Lettering, Lighting and 10/2010- Pathway 12/10/2010 8 Artist completes work on December 15, 2010. City inspection and approval. 9 Final acceptance by project manager, submit $30,000.00 12/15/2010- maintenance worksheets, dedication. 12/30/2010 TOTAL $200,000.00 Dates in the above attachment are approximate and can change depending on the construction timeline. Artist will be notified should this occur. Agreement for Wylie Municipal Complex, Site#1 Public Commission-Steve Gillman, Artist 569611.v2 EXHIBIT"C" AFFIDAVIT THE STATE OF § COUNTY OF § I, , Artist, 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 peculiarly 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$2,500 or more of the fair market value of the business entity. Funds received from the business entity exceed 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 $2,500. None of the above. A relative of mine has substantial interest in the business entity or property that would be affected by my decision of the public body of which I am a member. Other: Upon the filing of this affidavit with the City of Wylie, Texas, I 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 the public body which took action on the agreement. SIGNED this day of , 20 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 , 20 . Notary Public in and for The State of My commission expires: Agreement for Wylie Municipal Complex,Site#1 Public Commission-Steve Gillman,Artist 569611.v2 EXHIBIT "D" CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 Name of local government officer with whom filer has affilitation or business relationship, (Complete this section only if the answer to A,B.or C is YES.) This section, item 5 including subparts A, B. C & D, must be completed for each officer with whom the filer has affiltatton or business relationship. Attach additional pages to this Form CI0 as necessary.. A. Is the local government officer named in this section receiving or likely to receive taxable income from the flier of the questionnaire? Yes No E. is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? Yes No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the tocat government officer serves -as an officer or director,or holds an ownership of-10 percent or mere? Yes No D. Describe each affiliation or business relationship. Describe any other affiliation or business relationship that might cause a conflict of interest. ii Siglature of person doing business with the go,v'errimerital entity Date An.-r,de,.-0'I132C-De, Agreement for Wylie Municipal Complex, Site#1 Public Commission-Steve Gillman, Artist 569611.v2 SOMETHING REAL Time is a transparent medium. People and cities arise out of it, move through it and disappear back into it. It is time that brings them and time that takes them away. Vasily Grossman, "Life and Fate" CONTEXT: In listening to comments from the public and staff, one common thread came through clearly: everyone who commented, loves Wylie just the way it is. THE SOURCE: "The Town of Wylie" was a series of col s by Beb Fulkerson that ran in the Wylie News forty years ago. Through this extensive series she explored stories from long-time Wylie residents. Those recollections included anecdotes about their family's experiences ranging from the early pioneering days through the time of its writing. I have chosen a very literal and direct approach for my proposal using the eloquent words of those Wylie residents who evoked a life well-lived. A life intertwined with the history of Wylie. CONTENT: I have read through those articles and have pulled out phrases that I felt spoke with both power and poetry about a sense of place and time. I wanted these phrases to speak of a common experience that could be readily felt by viewers about a time we can never know directly. These phrases are integral to my proposal. Page 1 SPONSE TO THE PHYSICAL SITE: I am proposing etching the above mentioned phrases onto a series of massive granite monoliths. They begin way out at the north end of the planted area, and march down in an arithmetical progression towards the Municipal Complex. These stone monoliths function in a number of ways: 1. They provide a powerful and dignified place to inscribe the quotations. 2. They imply a directional orientation towards the building. 3. They are massive enough to add gravitas and a sense of place to the front of the facility without taking it over. 4. Although they are massive and will be a major visual element in the landscape, they also offer an intimacy that comes with approaching them and reading the text etched on each one. Along with that may also come a quiet reflective moment. 5. They respond to the almost imperceptible drop in elevation in the site. 6. They reference local geology by using regional granite. Page 2 THE MONOLITHS: The sculpture will consist of a total of seven granite monoliths. Beginning at the north end of the greenway, they would be spaced in an arithmetical progression closer and closer together until they just span the fire lane. They would run a total of 385 feet. Each column would weigh about 35,000 lbs. Three sides of each column would be a natural surface, and the fourth (north) face, would be a flat machined surface on which the text would be engraved. I have chosen seven of the most apt quotes gleaned from the Wylie News articles. They can be read in order as a poem with a story arc, or they could be read individually as standalone experiences. They would appear in the following order: Stone I : Our only concern was with the earth, the sky and wonder of being alive. Stone 2: plus the stream there held real trout Stone 3: playing on their guitars while waiting for a cool breeze on the front porch of the old white house Stone 4: Water had to be drawn out of a 35 foot well in the yard Stone 5: the washing on a rubbing board, building a fire around the wash pot in the yard, drawing the water out of the well, making lye soap and ironing the clothes Stone 6: she just worked and sang Stone 7: We grew up on work and it was good for us. The above seven quotes are my favorites because of their poetic and lyric qualities. But there were many quotes to choose from, and on a separate sheet I've included some others. I've done so because I want to give the art committee the opportunity to look at them and if the desire is there, to edit my choices. Page 3 THE SITE: I have included a path that allows visitors to walk the line of stone monoliths and to pause and to read the quotations. This same path also offers visitors an opportunity to approach the facility through the planted area rather than through the parking lot. Although the entry grounds appear flat, there is an eight foot drop from the road to the lowest "wet lands" circle near the front of the Municipal Complex. I am calling attention to that drop by slitting the stone monoliths horizontally on a level plane so that as they advance towards the building, the cuts rise farther and farther from the ground, but they remain level as the ground drops in elevation. DAY & NIGHT TIME D A MA: The seven granite monoliths will have a "place making" effect on the site, without taking it over. They lead the eye towards the Municipal Complex, helping to orient new visitors. Although they are monumental, they also provide an intimacy and serenity as they are approached. The engraving evokes a connection into the past. Each column will be brightly lit from below highlighting their presence at night. A SITE GENE • TED SCULPTURE: This sculpture has two basic themes: 1. It's about the City of Wylie, referencing its past through the words of its people. 2. But it's not only about the city itself, as its monumentality lends dignity and a sense of place while inviting visitors into the new Wylie Municipal Complex. In addition, it speaks of the physical nature of the site by referencing the subtle fall of elevation while providing a directional orientation towards the entries. This piece is about the site, and the City; its past and present, its people, and its nature as a modern civic center. Page 4 Stone 1. Our only concern was with the earth the sky and wonder of being alive Stone 2. Plus the stream there held real trout Stone 3. playing on their guitars while waiting for a cool breeze on the front porch of the old white house Stone 4 Water had to be drawn out of a 35'foot well in the yard Stone 5 The washing on a rubbing board building a fire around the wash pot in the yard drawing the water out of the well making lye soap and ironing the clothes Stone 6 She just worked and sang Stone 7 We grew up on work and it was good for us Steve Gillman SECOND LOOK: The neighbors would go see after each other. 12-27-72 When no one was looking, you could slip your arm around her. 3 22 73 Hard wood ashes were considered best and made stronger lye 4 12 73 Since we were honest, we wanted them to be. 5 10 73 they ate mostly beans and potatoes and cornbread with fried pies 5 10 73 I wore tennis shoes to church in order to give my children an education and they all got one 5 10 73 Each Saturday night all would go to town and get their visiting done 5 10 73 Wolves and panthers were troublesome, 6 21 73 People nowadays find it hard to believe there were ever so many ducks and geese in the world 6 21 73 School hours were from 7 a.m. until 12 noon during the cotton picking time 7 19 73 A place where houseflies live always and mosquitoes never die 8 30 73 1765 12th Street, Oakland, CA 94607 e mail: steveggillman@gmail.com cell phone: (510) 872-0771 fax: (510) 763-8313 Steve Gillman WYLIE MUNICIPAL COMPLEX ENTRY SCULPTURE BUDGET Administrative costs Insurance 1,500 Office overhead 500 2,000 2,000 Design development Engineer 4,500 Design time 2,500 Working drawings 2,000 9,000 9,000 Project travel (Incl. per dium) 2 trips to Georgia, 4 to Dallas @, 1,500 9,000 9,000 Fabrication Granite fabrication & shipping 91,700 Engrave letters 2,000 Artist's labor 8,000 101,700 101,700 Installation Foundations (& 3,300 X 7 23,100 Light fixtures installed rij,) 800 X 7 5,600 Stainless steel pins 2,900 Misc. steel, & hardware 1,000 Misc, equipment rental 2,300 Crane time 6,000 Pathway 12,900 Artist's labor 14,500 68,300 68,300 190,000 5% contingency 10,000 10,000 200,000 1765 12th Street, Oakland, CA 94607 e mail: steveggillman@gmail.com cell phone: (510) 872-0771 fax: (510) 763-8313 °t� '� A, °a p�bb,L� yW p�FB, ayl,' f,9t,,,,toot '/"'If",B' ,;,�°i�y(°,'6 >�,1;P' 5 1 ,„y''�ti, t•!f�Y`.mu ',ws,r„ v,yb' v'°A; a !m. a, ,;�44 v d,°4,44, ;x'4+ b 9 K, + f) ,�)' wjq°,, lY 1 apC 'M; tt'M d Fo, �1` Y1r I', r}n B '"'/N?,,, bK', rp��ra,p^ m, J "t n,� •,"la" ' $ 'd ,91+; ,t,, 44, P,�i d ,, �`,144,, °1;1°ses $y( (�•44 r0, 4 �1' ( ', l44 d, M 9,,tn 'YPJ, e '° b ,a rqz , s Ples Y. r,, a„'8 1 % lee UA 4•M'•,l",, t• 'b "s e, `tRd r, ;i`4s,Nry,f 1° ��4, 9^ §„ 4t' "� ,a ,, 9�' w r, d ;}d',d ,s' ((s"S k, 'n, K'' tbA; s�, ,,,a'� n,saf ;dt , A�; y,,4 6 , ay, „d „eOD`; " a,Y`q, i4 ar. 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Y�� 4m' P ‘ y g $yid 'te '< ,� t T 44-4. , Phenix C2RC MR16 CMH 20W Type: Project: Catalog Number: NOTES 1 INSTALLATION IS SUBJECT TO LOCAL CODES AND JURISDICTION 2 PROPER DRAINAGE MUST BE PROVIDED ROUND STRAIGHT EDGE TOP PLATE IN MACHINED STAINLESS STEEL OR ALUMINUM ------WITH ANODIZED ALUMINUM OR ANODIZED -- BLACK FINISH(SELECT) / --- ' ----------- (3)VANDAL PROOF STAINLESS STEEL\ --- _-------SOCKET CAP SCREWS 1 , s ---- " 1 f ---- EXTRA CLEAR HEAT TREATED TEMPERED ----- 5 8' ----I-GLASS LENS ------ I ,__-----"-' _RIBBED RUBBER GASKET SEALS BETWEEN ,_,_,.,------- ___---- TRIM AND HOUSING _ .---"" ----- I -- SPUN AND ANODIZED ALUMINUM 125'THICK '.,---------- _--------COLLAR ,,,,,,,------;_„--- I-0.3" STEEL PAINTED RING SNAPS INTO ALUMINUM i___ .---- ——---R I N G TO SECURE LAMP __---- __-- 1 7------'"111-11111-11010: ------ ALUMINUM RING PIVOTS FOR LAMP AIMING ,111 r'ilpo, UP TO 30 IN ONE DIRECTION !I I , ,,,,,.„..1... I :, ---_____-________ 11 1 , I ,E_L__-,. 1 t ---____ ------- (BY OTHERS) \r , II ,,------__ -------___T-------LAMP HOLDER.GX10 FOR MR16 10 2' _ -----____ 6 J I I --__ DIECAST ANODIZED ALUMINUM HOUSING kI__ ------ --,--, :--- I, STAINLESS STEEL SPRING TABS SECURE HOUSING INSIDE PVC SLEEVE I -------_ -_____ INTEGRAL UNIVERSAL BALLAST FOR 120V , OPERATION Iiii k"-------------„,----. T ----PVC SLEEVE 5 1"DIA, s: _ 6'SJOW CORD SUPPLIED WITH WATER PROOF QUICK DISCONNECT(QD) OPTIONAL ACCESSORY' BRONZE J-BOX 3 75 DIA.X 3.25 HEIGHT WITH SIDE AND/OR -I--- BOTTOM NPS THREADS FOR CONDUIT ,I i Li1, ENTRIES , Il ,i 4- ' 1 i d OirrL---91-----\ LIQUID TIGHT STRAIGHT-THRU CONNECTOR, -J--17-j' II 1 'I = _.\-- FLEXIBLE CONDUIT,RIGID PVC CONDUIT(BY d-,---,.:"- OTHERS) Targetti Paulsen USA Inc 3260 Meridian Parkway,Fort Lauderdale,FL 33331 Telephone:(954)349-2525 Fax:(954)349-2550 www.targettiusa.com Wylie City Council CITY of �VYLIE AGENDA REPORT Meeting Date: March 9, 2010 Item Number: 4 Department: City Secretary/Art Liaison (City secretary's Use Only) Prepared By: C.Ehrlich Account Code: Date Prepared: March 2, 2010 Budgeted Amount: Exhibits: Contract Subject Consider, and act, upon the final artist and art design for the new Wylie Municipal Complex ArtProject, Site #2 and authorizing the City Manager to execute a contract to commission the art. Recommendation A motion approving the final art design by Po Shu Wang and Louise Bertelsen "Living Lenses" and authorize the City Manager to execute a contract to commission the art. Discussion In October of 2009 the Public Arts Advisory Board published a "Call for Artists" to the Public Art Network website for two art projects for the new Wylie Municipal Complex. In response to that call, thecity received 155 artist responses for two art sites at the new Wylie Municipal Complex. Site #2 was budgeted at $90,000 and willbe placed in the back of the dog trotbetween the Library and Recreation Center. The focus of the project was to incorporate both buildings into the art and be interactive to visitors. A pare-down committee consisting of three PAAB members: Erin Dougherty, Alvaro Salinas and Stewart Matthews and two area art coordinators: Margaret Robinette, City of Dallas, 28 years, retired and Christine Eubanks, City of Plano, reviewed these submissions and narrowed the artists to 21 for Site #2. The Art Selection Panel, appointed by the Public Arts Advisory Board, was asked to review the top 21 artists for Site #2 and narrow the artists to three semi-finalists. Those artists selected were: Po Shu Wang/Louise Bertelsen,'"Living Lenses", Andy Dufford, and Madeline Wiener. Mr. Andy Dufford, originally chosen declined from completing the project due to current art project timelines. Mr. David Phelps, artist alternate agreed to complete the proposal process. The artists were invited to a community input meeting held on January 7, 2010. Approximately 45 people attended the input meeting and gave direction to the artists regarding the community, history and art for Wylie. 'The artists went back to their studios to create a final maquette and/or 3D design of what they felt would best fit both the space and the design for Wylie. On February 17, 2010 the selection panel met with the artists to review their presentations of the final art Page 1 of 1 Page 2 of 2 designs. The panel unanimously chose Po Shu Wang and Louise Bertelsen, "Living Lenses" as the finalists for Site #2. Members serving on the selection panel included: Maribeth Flowers, landscape designer; Margaret Robinette, retired art coordinator, City of Dallas; Marie Renfro, artist; John Pototschnik, artist; Donna Edge, Wylie ISD; Renae' 011ie, Planning Director; Rachel Orozco, Library Director; Stewart Matthews, PAAB chair; Mike Sferra, Public Services Director and Mary Davis, long time citizen of Wylie. Art consultant Sharon Leeber was present to answer questions regarding the artists at both the pare-down and selection panel meetings. The Public Arts Advisory Board would like to publicly thank the Municipal Complex Pare-Down Committee and the Selection Panel for their time and commitment to these art projects. The art design was unanimously selected by the Public Arts Advisory Board after recommendation by the selection panel and is recommending Living Lenses to the Wylie City Council. Po Shu Wang is unable to attend the meeting tonight but has completed his presentation via teleconference. Staff has attached the proposed contract to commission the art. The city attorney's office has reviewed and approved the contract. The contract has a completion and installation date of December 15, 2010. This is flexible with regard to construction timeline changes; the city will not be responsible for storage of the art prior to installation. Approved By Initial Date Department Director CE 3-2-2010 f City Manager I. /I AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS (CITY) AND LOUISE BERTELSEN & PO SHU WANG "LIVINGLENSES" (ARTIST) FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED MUNICIPAL COMPLEX, SITE #2,PUBLIC ART PROJECT 200 COUNTRY CLUB ROAD WYLIE, TEXAS 75098 Made as of the 9th day of March, in the Year 2010 BETWEEN the City: The City of Wylie, Texas 2000 State Highway 78 Wylie, Texas 75098 Telephone 972-442-8103 Facsimile 972-442-8106 and the Artist(s): Louise Bertelsen and Po Shu Wang("LivingLenses") 2425 California Street#4 Berkley, CA 94703 Telephone: 510-409-4616 Facsimile: For the following Project: Fabrication and Installation of the proposed Municipal Complex, Site #2 Public Art Project The City and the Artist 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 (the "City"), and Louise Bertelsen & Po Shu Wang "LivingLenses", hereinafter referred to as (the "Artists"), to be effective from and after the date as provided herein, hereinafter referred to as(the "Agreement"). WHEREAS, the City desires to engage the services of the Artist to fabricate and install the proposed City of Wylie, Municipal Complex, Site #2 Public Art Project, hereinafter referred to as the "Project", which shall be installed in the location designated by the City on property located at 200 Country Club Road, Wylie, Texas 75098 (the"Municipal Complex, Site#2"); and WHEREAS, the Artist desires to render such services for the City upon the terms and conditions provided herein. Agreement for Wylie Municipal Complex, Site#2 Public Commission-Louise Bertelsen and Po Shu Wang "LivingLenses",Artists 569408.vl 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 hereto agree as follows: ARTICLE 1 ARTIST'S SERVICES 1.1 Employment of the Artist- The City hereby agrees to retain the Artist to perform the services set forth herein in connection with the Project. Artist agrees to perform such services in accordance with the terms and conditions of this Agreement. 1.2 Scope of Services - The parties agree that Artist 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. 1.3 Schedule of Work - The Artist agrees to commence work immediately upon execution of this Agreement and receipt of first payment, and to proceed diligently with said work to completion as described in the Completion Schedule/Project Billing/Project Budget attached hereto as Exhibit "B" and incorporated herein by reference for all purposes. Both Parties understand that the Municipal Complex, where the Artwork is to be installed and displayed, is currently under construction. Both Parties likewise understand that Exhibit B may periodically need to be amended to accommodate construction schedules. Exhibit B can be amended only upon the agreement of both Parties. Notwithstanding anything to the contrary, Artist cannot begin making any improvements (i.e. construction of foundation or pathway, etc...) on the Municipal Complex, Site #2 without the prior written consent of the City. Notwithstanding anything to the contrary, fabrication of the Artwork and construction of the foundation for the Artwork and preparation of the site as required under this Agreement shall be completed no later than December 15, 2010. The City shall request delivery of the Artwork on or after December 15, 2010. Delivery and full installation of the Artwork shall be completed within fourteen (14) days of the City's request for delivery. The Artwork shall not be delivered to the Municipal Complex, Site #2 before the City sends a written request to the Artist for the delivery. ARTICLE 2 THE CITY'S RESPONSIBILITIES 2.1 Project Data - The City shall furnish required information, that it currently has in its possession, as expeditiously as necessary for the orderly progress of the work, and the Artist 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 Artist and shall render any required decisions pertaining thereto as soon as practical so as to avoid unreasonable delay in the progress of the Artists services. ARTICLE 3 ARTIST'S COMPENSATION 3.1 Compensation for Artist's Services - As described in "Article 1, Artist's Services", compensation for this Project shall be Ninety Thousand Dollars ($ 90,000.00) ("Artist's Fee") and will cover all services to be rendered and materials to be provided in accordance with this Agreement. The Artist's Fee shall be paid in accordance with Article 3 and the Completion Schedule/Project Billing/Project Budget as set forth in Exhibit "B", attached hereto. The final fifteen (15) percent of the Artist's Fee, or Thirteen Thousand Five Hundred Agreement for Wylie Municipal Complex,Site#2 Public Commission-Louise Bertelsen and Po Shu Wang "LivingLenses",Artists 569408.v I Dollars ($13,500.00) shall not be paid until the Artist has completed, delivered and installed, where applicable, all of the Artwork services and tasks described in Exhibits"A"and"B", attached hereto. 3.2 Invoices—No payment to the Artist shall be made until Artist tenders an invoice to the City. Payments are payable to the Artist within thirty (30) days from the date of invoice as long as the invoice is mailed to City within three (3) days of the date of the invoice. Invoices are to be mailed to City immediately upon completion of each individual task listed in Exhibit "A". If any invoice remains outstanding and unpaid for more than sixty (60) days from the date of invoice, and Artist has fully performed its obligations as set forth herein, the Artist has the option upon written notice to the City, to suspend all work specified under this Agreement until the account is brought current. Continued performance and/or completion of work by the Artist under this Agreement shall resume upon the payment of the earned fees by the City. 3.3 Failure to Pay- Failure of the City to pay an invoice, for a reason other than cause, to the Artist within sixty (60) days from the date of the invoice shall grant the Artist the right, in addition to any and all other rights provided, to, upon written notice to the City, refuse to render further services to the City and such act or acts shall not be deemed a breach of this Agreement. The City shall not be required to pay any invoice submitted by the Artist if the Artist breached any provision(s)herein. 3.4 Adjusted Compensation - If the Scope of the Project or if the Artist's Services are materially changed, the amounts of the Artist's compensation shall be equitably adjusted as approved by City. Any additional amounts paid to the Artist 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. 3.5 Project Suspension - If the Project is suspended or abandoned in whole or in part, by the City for more than three (3)months, Artist 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, Artist shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs and/or any other items prepared by Artist in connection with this Agreement prior to Artist receiving final payment. If the Project is resumed after being suspended for more than three (3) months, the Artist's compensation shall be equitably adjusted as approved by the City. Any additional amounts paid to the Artist after the Project is resumed shall be agreed upon in writing by both parties before the services are performed. ARTICLE 4 OWNERSHIP AND COPYRIGHT 4.1 Ownership of Work - The Project is the property of the City, and the Artist shall not make any duplicate work of the same or substantially similar size, nor shall the Artist grant permission to others to do so except with the written permission of the City. The City shall be entitled to copies of the plans and the maquette, which are prepared by the Artist in connection with the development and fabrication of the Project under this Agreement. The ownership of the art for Wylie's Municipal Complex, Site #2 transferred to the City upon full payment of Artwork described in Exhibits"A"and "B"attached hereto. 4.2 Ownership of Copyright-Artist shall retain the copyright to the Artwork. Artist shall take all steps, at his own expense,to protect the copyright of the Artwork. 4.3 License to City - The Artist irrevocably licenses the City, its employees, representatives, officers and agents, the right to make photographs, two dimensional reproductions, and adaptations of the work for educational, public relations, arts promotional and other non-commercial purposes. For the purposes of this Agreement,the following, among others, are deemed to be reproductions and/or adaptations for non-commercial purposes: reproduction in exhibition catalogues, websites, books, slides, photographs, postcards, posters, and Agreement for Wylie Municipal Complex,Site#2 Public Commission-Louise Bertelsen and Po Shu Wang "LivingLenses",Artists 569408.v I calendars; in magazines, books, art and news sections of newspapers; in general books and magazines not primarily devoted to art but of an educational, historical or critical nature; slides, videos and film strips not intended for a mass audience, and television from stations operated for educational purposes or on programs for educational and news purposes from all stations. 4.4 Copyright Notice—The City undertakes to use its reasonable efforts to include in any reproductions which it makes of the Artwork a copyright notice in the following form: Copyright Louise Bertelsen and Po Shu Wang"LivingLenses" 4.5 Representations and Warranties Regarding Copyright—The Artist represents and warrants that the Artwork is an original creation of Artist's and will not infringe the copyright, trademark, or other intangible rights of any third party. ARTICLE 5 FABRICATION 5.1 Specifications— Artist will fabricate the Artwork, or cause it to be fabricated, in substantial conformity with the Design approved by City as set forth in Exhibit "A". 5.2 Changes — Any significant changes to the Artwork by either Artist or as requested by City will be approved in writing by the other party. For purposes of this Agreement, a "significant change" will mean any change, including but not limited to, a change in the scope, design, color, size, or material of the Artwork, which affects cost, installation, site preparation, maintenance and concept as represented in the Design described in Exhibit "A". If Artist wishes to make a significant change to the Artwork, he/she must request written approval from the City of the change in writing at the address provided in Section 14. City will provide a written response within thirty (30)calendar days. 5.3 Review of the Artwork — The City will be given access to the Artwork during reasonable business hours at Artist's or fabricator's studio in order to review the Artwork and Artist's or fabricator's progress with fabrication of the Artwork. Alternatively, the City requests and shall be given photographic documentation of Artist's progress to verify each stage that triggers payment pursuant to Section 3.1 above. 5.4 Notification of Fabrication Completion — Artist will notify the City in writing pursuant to Section 15 below when the Artwork is completed and ready for delivery. Designated representatives of the City will have the opportunity to inspect the Artwork for conformity with the design and structural requirements prior to delivery and to give written approval or disapproval of the Artwork for thirty (30) business days following notice from the Artist. As an alternative to the studio inspection, photographic documentation may be submitted to the City upon completion of the Artwork. 5.5 Preparation of Site — Due to the nature of the site project and installation of the Artwork, cooperation from the City's designated Landscape Architect is required. City will provide Artist with the specifications and drawings for the specific area at the site where the Artwork is to be installed. Artist is responsible for obtaining and forwarding to City design drawings and calculations for the installation of the Artwork prepared by a professional structural engineer. The drawings will illustrate the Artwork's support system, including without limitation, connection to the base. The Landscape Architect will utilize these drawings and if, during installation, the Artwork is found to differ from the specifications noted in the drawings, it will be the Artist's responsibility to remedy the discrepancy and bring the Agreement into conformance with the drawings. 5.6 Warranty of Craftsmanship —The Artist warrants that the Artwork will be free of defects in workmanship and materials. In the event that any defects become apparent in the workmanship or materials Agreement for Wylie Municipal Complex, Site#2 Public Commission-Louise Bertelsen and Po Shu Wang "LivingLenses",Artists 569408.vI within five (5)years of the execution of this Agreement, Artist will remedy any defects at Artist's sole cost and expense. ARTICLE 6 STORAGE 6.1 Storage — The Artist shall be solely responsible for any and all necessary storage and transportation costs associated with this Agreement and/or the Project. Artist shall remain solely responsible for ensuring the safety of the Artwork until the permanent installation is completed and the Artist receive final approval of artwork as required herein. ARTICLE 7 FINAL APPROVAL OF ARTWORK Within ten (10) business days of the permanent installation of the Artwork, the City will inspect the Artwork to determine whether it conforms to all of the requirements of this Agreement. If the City desires any modifications to the Artwork or finds that any aspect of the Artwork is not in conformance with this Agreement, the City will notify Artist in writing within seven (7) business days of the inspection. Artist will have an opportunity to address and cure any defects, requests or concerns of the City within fifteen (15)days of the date of the City's notice provided pursuant to Article 7. ARTICLE 8 INTEGRITY OF THE WORK 8.1 Repairs and Maintenance - The City undertakes to exercise reasonable care to protect, repair, and maintain the work. Artist agrees to cooperate with and advise the City in connection with any such non-routine maintenance, including, without limitation, damage by acts of God, vandalism, conservation and/or replacement of any portion of the Artwork to the extent that he or she is able to do so. During Artist's lifetime, the City will not undertake any non-routine maintenance on the Artwork without attempting to consult with the Artist or his or her authorized representative unless an emergency requires the City to do so. 8.2 Relocation of the Work— To the extent that the Artwork is capable of being relocated, the City shall have the right to do so. If feasible, the City shall attempt to consult with the Artist concerning the relocation of the Artwork prior to any such relocation; however, the Artist's approval is not required for the relocation, if any. If the Artist is not pleased with such relocation, he or she shall have the right to renounce credit for the Artwork. If Artist renounces credit for his Artwork, this would include, among other things, relinquishment and abandonment of the copyrights described herein. 8.3 Credit—The City agrees, at its own expense,to prepare and install at or near the Project a public notice, the form and exact location of which shall be solely determined by City, giving Artist credit for the creation of the Artwork. ARTICLE 9 INSURANCE COVERAGE Artist shall provide and maintain the types and amounts of insurance set forth herein for and during all aspects and phases of this Project. Artist shall be required to provide and maintain general liability insurance with a Agreement for Wylie Municipal Complex,Site#2 Public Commission-Louise Bertelsen and Po Shu Wang "LivingLenses",Artists 569408.v 1 minimum of One Million and No/100 Dollars ($1,000,000.00) per occurrence and Two Million and No/100 Dollars ($2,000,000.00) aggregate. In addition, Artist shall provide and maintain insurance for loss (including theft, fire and damage)and employee health and disability insurance, as well as any statutorily required workers' compensation insurance. All insurance and certificate(s) of insurance shall contain the following provisions: 1. Name the City, its officers, agents, representatives,and employees as additional insureds as to all applicable coverage with the exception of workers' compensation insurance. 2. Provide for at least thirty(30)days prior written notice to the City for cancellation, non- renewal, or material change of the insurance. 3. Provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. Insurance company qualification: All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least"A"by AM Best or other equivalent rating service. Certificate of insurance: A certificate of insurance evidencing the required insurance shall be submitted no later than the date of the execution of this Agreement. If this Agreement is renewed or extended by the City, a certificate of insurance shall also be provided to the City prior to the date the Agreement is renewed or extended. ARTICLE 10 AUDITS AND RECORDS/PROHIBITED INTEREST/VENDOR DISCLOSURE The Artist agrees that at any time during normal business hours and as often as City may deem necessary, Artist 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, all 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 Artist agrees that it is aware of the prohibited interest requirement of the City Charter, which is repeated on the Affidavit, and will abide by the same. Further, a lawful representative of Artist shall execute the Affidavit attached hereto as Exhibit "C" and incorporated herein by reference for all purposes. Artist understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement void able. The Artist 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 the Artist shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit "D" and incorporated herein for all purposes. ARTICLE 11 TERMINATION OF AGREEMENT/REMEDIES 11.1 Artist Default — Failure or refusal of the Artist to perform any act herein required, unless mutually agreed to in writing by the City and the Artist shall constitute a default. In the event of a default, in addition to any other remedy available to the City, this Agreement may be terminated by the City upon ten (10) day written notice. Such notice does not waive any other legal remedies available to the City. Agreement for Wylie Municipal Complex,Site#2 Public Commission-Louise Bertelsen and Po Shu Wang "LivingLenses",Artists 569408.vl 11.2 Conditions for Termination of Agreement Other than Artist's Default — If the City deems, in its sole discretion, the Project design is inappropriate or unworkable for the site, or if the deadlines specified herein are not met due, in whole or in part, to the Artist's actions and/or omissions, or if cost estimates indicate that the Project cannot be completed within the Project budget, the City retains the right to terminate this Agreement and is released from the obligation to enter into fabrication and installation of the Artist's design concept for the Project. In the event of any termination, Artist shall deliver to City all work, entirely or partially completed. The Artist shall receive as compensation, full payment for services satisfactorily, as solely determined by the City, performed as outlined in Exhibit"B", as applicable, to the date of the termination notice received. The City shall make this final payment within thirty(30)days of notifying the Artist. 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 12 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 13 INDEMNITY ARTIST 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), CLAIMS FOR PATENT, TRADEMARK AND/OR COPYRIGHT INFRINGEMENT AND/OR ANY OTHER INTELLECTUAL PROPERTY AND/OR PROPRIETARY CLAIM, LOSSES, DEMANDS, SUITS,JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF ARTIST, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM ARTIST IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY ARTIST 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 ARTIST AND HIS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH ARTIST, INCLUDING BUT NOT LIMITED TO, ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR Agreement for Wylie Municipal Complex,Site#2 Public Commission-Louise Bertelsen and Po Shu Wang "LivingLenses",Artists 569408.v l 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. ARTIST IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS. IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY ARTIST AT A REASONABLE AND CUSTOMARY COST, 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 ARTIST'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF ARTIST'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. ARTIST 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 ARTIST FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF,AND ARTIST SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. ARTICLE 14 NOTICES Artist agrees that all notices or communications to City permitted or required under this Agreement shall be delivered to City at the following addresses: Mindy Manson City Manager Carole Ehrlich Public Arts Coordinator City of Wylie 2000 State Highway 78 Wylie, Texas 75098 City agrees that all notices or communication to Artist permitted or required under this Agreement shall be delivered to Artist at the following address: LivingLenses C/O Po Shu Wang 2425 California Street#4 Berkley, CA 94703 Any notice provided for 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. Agreement for Wylie Municipal Complex,Site#2 Public Commission-Louise Bertelsen and Po Shu Wang "LivingLenses",Artists 569408.v1 ARTICLE 15 MISCELLANEOUS 15.1 Complete Agreement - This Agreement, including the exhibits hereto labeled "A" through "D", all of which are incorporated herein for all purposes, constitute the entire agreement by and between the parties regarding the subject matter hereof and supersedes all prior and/or contemporaneous written and/or oral understandings. This Agreement may not be amended, supplemented, and/or modified except by written agreement duly executed by both parties. To the extent that any provision of this Agreement should conflict with the provisions of an exhibit,the provisions of this Agreement shall prevail. 15.2 Assignment and Subletting - The Artist 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 Artist further agrees that the assignment or subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Artist 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 Artist, and there shall be no third party billing. 15.3 Successors and Assigns - City and Artist, and their partners, assigns, successors, subcontractors, executors, officers, agents, employees, representatives, and administrators are hereby bound to the terms and conditions of this Agreement. 15.4 Severability -In the event a term, condition, or provision of this Agreement is determined to be invalid, illegal, void, unenforceable, or unlawful by a court of competent jurisdiction, then that term, condition, or provision, shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained herein. 15.5 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 Collin County, Texas, and this Agreement shall be construed under the laws of the State of Texas. 15.6 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. 15.7 Authority - The individuals executing this Agreement on behalf of the respective parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the 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 thereof. 15.8 Waiver - Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 15.9 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. 15.10 Multiple Counterparts-This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. Agreement for Wylie Municipal Complex,Site#2 Public Commission-Louise Bertelsen and Po Shu Wang "LivingLenses",Artists 569408.v l 15.1 1 Soverei2n Immunity— The parties agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 15.12 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. 15.13 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. 15.14 Death of Artist— In the event the Artist dies or becomes incapacitated during the term of this Agreement, the fabrication, delivery, and installation of the Artwork shall be completed pursuant to the Artist's design, conception, and plans by: Louise Bertelsen or Po Shu Wang. 15.15 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: ARTIST: The City of Wylie,Texas LivingLenses,Artists By: Print Name: Louise Bertelsen Title: Artist By: By: Mindy Manson, City Manager Print Name: Po Shu Wang Title: Artist Approved as to Form: By: Abernathy, Roeder, Boyd & Joplin, P.C. City Attorneys Agreement for Wylie Municipal Complex, Site#2 Public Commission-Louise Bertelsen and Po Shu Wang "LivingLenses",Artists 569408.vl STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, a Notary Public in and for this 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 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 9th day of March, 2010. Notary Public in and For the State of Texas STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for this State of , on this day personally appeared , Artist, 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 , 2010. Notary Public in and For the State of Agreement for Wylie Municipal Complex,Site#2 Public Commission-Louise Bertelsen and Po Shu Wang "LivingLenses", Artists 569408.v 1 EXHIBIT "A" SCOPE OF SERVICES AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS (CITY) AND LOUISE BERTELSEN AND PO SHU WANG "LIVINGLENSES" (ARTISTS) FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED WYLIE MUNICIPAL COMPLEX, SITE #2,PUBLIC ART PROJECT 200 COUNTRY CLUB ROAD. WYLIE, TEXAS 75098 Project Description Wylie Municipal Complex, Site#2,Public Art Project To fabricate and install the proposed Municipal Complex, Site #2 Public Art, artist Louise Bertelsen and Po Shu Wang(LivingLenses) will perform the following tasks: A) Following a site visit, submit final schematic drawings of the proposal, based upon submitted maquette to City staff and the Public Arts Advisory Board for their review and approval within sixty (60) days of the receipt of this agreement. These drawings will include: • Detailed information of every physical feature of the construction of the Artwork and its integration with the site with any proposed changes to the previously submitted concept highlighted. (Final Design). • A description of any issues involved in the construction, integration and maintenance of the Artwork, as well as any third party subcontractors needed to work on the project. • A final project budget breakdown not to exceed $90,000.00 • An installation timeline. B) Following formal approval by the Public Arts Advisory Board, the Artist shall submit drawings stamped by an engineer, licensed by the State of Texas and paid for by the Artist, for certification that the Artwork, foundation, and its connection will be structurally sound. C) The Artist shall fabricate and install the Artwork in substantial conformity with the approved design. Any significant changes in the concept, as defined in Article 5.2, must be approved by the City. It is the responsibility of the Artist to coordinate with the City,the Project Landscape Architect, and Contractor to ensure that the site is prepared to receive the Artwork. The Artist will be responsible for preparation of the site, including installation of the foundation. The City will be responsible for any fill soil within the space, irrigation to the site and lighting wiring only. D) Upon completion of the permanent installation and clean-up of the site, the City Project Manager will inspect the work and give notice of acceptance, as provided in this Agreement. The Artist will complete the City's maintenance worksheet and submit it to the City within ten (10) days of City's final acceptance of the Artwork. Agreement for Wylie Municipal Complex,Site#2 Public Commission-Louise Bertelsen and Po Shu Wang "LivingLenses", Artists 569408.v 1 MAINTENANCE PROCEDURES Materials and Care Information Sheet(to be filled out by the artist and submitted upon completion of the project prior to final payment.) Artist: Livink Lenses Team(Louise Bertelsen, and Po Shu Wank. Date: March 9,2010 Title of Work: Music to My Ears Media: 304 Stainless Steel,Electronics Specific materials used(Brand name and type of all materials, i.e.type of paper and fiber content, mental alloy, chemical composition of patina,etc.) None. Industrial standard 304SS. Specific techniques used in the fabrication of the Artwork. (Airbrush painting, lost wax casting, TIG welding, etc.): Hydro-forming and Welding.Mirror polish finish. Fabricator name and address(if other than artist): Artists. Installation materials and techniques(Attach as-built drawings as appropriate): Artwork secured to concrete foundation. Recommended Maintenance procedures. (Be as specific as possible about techniques and materials): Mirror Polish finish requires only warm water clean and SS Polishing Wax only when needed, no regular maintenance required. Electronics is made of modular components that allows for easy unplugging and replacing the component units Cautions regarding maintenance, handling, etc: Do not use abrasive or corrosive cleaning products. Use only products specified by manufacturer for SS polishing use. For serious damage, consult with artists before any repair work. Agreement for Wylie Municipal Complex,Site#2 Public Commission-Louise Bertelsen and Po Shu Wang "LivingLenses",Artists 569408.v I EXHIBIT"B" COMPLETION SCHEDULE/PROJECT BILLING/PROJECT BUDGET AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS(CITY) AND LOUISE BERTELSEN AND PO SHU WANG"LIVINGLENSES" (ARTISTS) FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED MUNCIPAL COMPLEX, SITE#2 ART PROJECT LOCATED AT 200 COUNTRY CLUB ROAD,WYLIE TEXAS 75098 Completion Schedule and Project Billing TASK DESCRIPTION PAYMENT TIMELINE 1 Execution of Agreement and Notice to Proceed. 6,500 March 2010 Insurance documentation sent to City. 2 Submit final design and budget breakdown for 20,000 April 2010 approval to City Staff and Public Art Board. Stamped engineered drawings submitted. 3 Artist begins work on Last week of April 2010. 24,000 April-May 2010 4 Artist completes work on end of October. City 20,000 October 2010 inspection and approval. 5 Site preparation and foundation work. 4,000 November 2010 6 Delivery and installation. 7,500 December 2010 7 Final acceptance by project manager, submit 8,000 End of December 2010 maintenance worksheets, dedication. TOTAL 90,000 Agreement for Wylie Municipal Complex,Site#2 Public Commission-Louise Bertelsen and Po Shu Wang "LivingLenses",Artists 569408 vl EXHIBIT"C" AFFIDAVIT THE STATE OF § COUNTY OF § I, , Artist, 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 peculiarly 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$2,500 or more of the fair market value of the business entity. Funds received from the business entity exceed 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 $2,500. _ None of the above. A relative of mine has substantial interest in the business entity or property that would be affected by my decision of the public body of which I am a member. Other: Upon the filing of this affidavit with the City of Wylie, Texas, I 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 the public body which took action on the agreement. SIGNED this day of , 20 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 , 20 . Notary Public in and for The State of My commission expires: Agreement for Wylie Municipal Complex,Site#2 Public Commission-Louise Bertelsen and Po Shu Wang "LivingLenses",Artists 569408.vl EXHIBIT "D" CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 Name of local government officer with whom filer has affilitation or business relationship. (Complete this section only if the answer to A,B,or C is YES.) This section, item 5 including subparts A, B, C & D. must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or Rely to receive taxable income from the filer of the questionnaire? Yes No B. Is the flier of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity'? Yes No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes No D. Describe each affiliation or business relationship. Describe any other affiliation or business relationship that might cause a conflict of interest. Signature of person doing business with the governmental entity Date A.mentes 0 Agreement for for Wylie Municipal Complex,Site#2 Public Commission-Louise Bertelsen and Po Shu Wang "LivingLenses",Artists 569408.v1 Artwork Proposal for Site 2 by Living Lenses WYLIE COMMUNITY As clearly demonstrated at our meeting with the community, Wylie citizens care and they are vocal. Our design take that in mind with an aesthetics perspective and addresses different concerns raised. SITE CONSIDERATION A SCHEMATIC METAPHOR We see the site location layout as a perfect metaphor for our being. With the Library (Mind) on one side and the Recreation Center (Body) on the other, the artwork is where they come together to become the whole person. 40, �ww & THE miND LIBRARY The Artwork Plan View Scale 1/ " = 1 '0" The sculpture is a sequence of hemispheres spiraling towards each other, and come together to form a complete sphere at the center. It represents our mental and physical being coming together to become the whole person. �ryd ELEVATION VIEW The center sphere houses a concealed outdoor speaker, where the `Community Symphony' is broadcast. Details to follow. ao ftt}r}t}�£ts1�1�I � S tt t { � .fps, it t{ut�fttj '' tt{£t£3#}}a£Y tt s t t 7 t tt 404' '. T r t tt� t£i zf%}t1,000160 i t .. i* y '4104 t �, r t t;xt{tp r {' (y, 4t N4„ tt£t##,ns , t)rtt £2 .t a tj7t tt# � , £ft,£ (��.t�€ d^ Y'£' £ `£t£0,0)i i 1£1':A''ttyj£z tit t `tfiii ik i,t 7*I Yri,d' i F 4,,,,it1£}e}„0,t .kn 1�,,n ( S � tY �i ,, i at t ttl + � iS to'' �� t t4 Qtn41F r"� texHVOMnn aF t4 f. :h 5 (ottoottototott I SPu M' Y�„ z f}j;4+04 '�� € "il,*' M '' {.,.£ { st & rr �, A r t v �? tr9 '"" jj t,,tr'r ` "�„ to ti i ;IA a of t e '4 , +Y 3l £� �� y ',}� V i 1 t {.tttb.o'to �t ( dtP V,ti' O:� ' u Fj,hot t tt .,: t 00000000 a i i � tt u � I 7 _::____::__-_;-%:,,,rro,,,t1:1;11,;::::711 w 5 NEMI su : ce z - i 4 COMMUNITY SYMPHONY The Interactive Participatory Element A keyboard will be installed at the Library, and one at the Rec- reation Center. Community members will be able to type in any thoughts, wish, or expressions at anytime they feel like it. Their words will be translated into Braille text dots and turned into Music. g rr r° s `x suslp vM ua `� k• &:- ^, ' ap • • e r • .., o„, ..N111111.10?: • THE WISHING WELL Music to my Ears Voices of the community will drive an on-going symphony that is Wylie's very own. Right from the mouth of the people., that is the sole content of the music. This symphony will be broadcast from an embedded speaker at the center sphere of the sculpture, where the Body and Mind come together. A modern day wishing well. �+ r i"�eta �Y 'v, dt w i r • 'd i t;ti 1 „uk rr� ,4� `x s ,,,, ',< 1to � v �' � 6N *� '� t,n � • ." K a &' d`? 1 Sat �.; Be Careful of What You Ask For Besides the symbolism of the Mind and Body coming together as a whole being, and the symphony of the community voices. let's say the Cut Onion shaped sculpture is a happy coincidence that formally fits the design requirements in more ways than one. €` . 7 , r /f \\\/:''''' '! ''''\ — Y rmAltkrkg.r r t i tt t � TM rt -.f r. r s 1� .as * i4H,:::J- r' V itt t�r i 1 t i r 3`4^ -0 yltf +,i 5it}fr, t"" .vi( aS Iraf t tS4 14114 �z 4 M1 i it f ip Wylie City Council c ITY OF wYLIE_ AGENDA REPORT 11, Meeting Date: March 9, 2010 Item Number: 5 . (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: 03/02/10 Budgeted Amount: Exhibits: Five Subject Consider, and act upon, approval of the location of additional kiosk plazas in accordance with Ordinance 2009- 21, Section 9.E. Recommendation Motion to approve the location of additional kiosk plazas in accordance with Ordinance 2009-21, Section 9.E. Discussion In moving forward in providing for homebuyers and citizens directions to the location of housing developments, public facilities and community events within the city, staff is presenting additional locations for the Kiosk program in accordance with Ordinance 2009-21. In accordance with Section 9.E, the approved sign contractor is seeking approval for additional locations to be placed within public rights-of-way. The attached exhibits indicate the proposed locations. Exhibit A - represents the location at the southwest corner of FM 544 and Country Club Dr (Woodbridge Parkway). In accordance with the Ordinance, a kiosk plaza shall not be located on private property or within a utility easement. The subject plaza WY04 shall be installed 45 feet south of FM 544 and 10 feet west of Country Club Dr. and oriented for traffic traveling along FM 544. Exhibit B represents the location at the southeast corner of FM 544 and Springwells Parkway. The subject plaza WY05 shall be installed 5 feet east of Springwells Parkway and 20 feet south of FM 544 and oriented for traffic traveling along Fm 544. Exhibit C represents the location at the northwest corner of SH 78 and Eubanks. The subject plaza WY80 shall be installed 20 feet west of Eubanks Lane and 45 feet north of SH 78 to direct traffic from SH 78 to the Wylie Lakes Addition. A second location is proposed across SH 78 at Eubanks WY81 and shall be installed 50 feet south of SH 78 and 12 feet west of Eubanks Lane. These plazas will direct traffic to the Wylie Lakes Subdivision as well as Lake Lavon East Fork Park entrance and Wylie Municipal Complex current location. Exhibit D represents the location within the Creekside Estates Subdivision and will be installed 5 feet from the back of curb on the south side of Hinnant Drive and 75 feet west of N. Peggy Loftice Drive. The subject plaza will direct traffic to other phases of Creekside Subdivision and directions to the city dedicated Creekside Park. Page 1 of 2 Page 2 of 2 Exhibit E represents another location within the Creekside Estates Subdivision and will be installed 5 feet from the back of curb on the east side of Lewis Drive and 80 feet south of W. Hinnant Drive. The subject plaza will direct traffic to other phases of the Creekside Subdivision and directions to the city dedicated Creekside Park. There is an expressed interest in the plazas depicted in Exhibits C, D & E, and installation will begin upon Council approval of the locations. Plazas at Country Club and Springwell will be installed upon builder interest. Approved By Initial Date Department Director RO 03/02/10 City Manager .„.., _,... . 1/....,,.., . 5 ,-, irmis 5/e. ir, FF1d. Solt . I 0 4. 4 ,.,, , • i N j • > ipp ) a 8 it so i III 4 0 • A • e ----- FMB bo 0..•'-. ,IP..... illy. '44 * .40 4.- ILO ,xr- , ... fa* ir. _. .... .,,,,,,... -- rn d. • , ,..-.1- lb ,--- .,.., ,,-..... ,,„,0,04' • *S14711 lim t 1. r;-`' - . az 4°P /A, 1 1 II "78. /8 Iron - ..-.- 4 t ' Ea s - en t . .1, . . • . . • ri; 17-,..:• 1°,41:.1 "171..'r ,1/4'''.?,.. . • . , .. . . ... • i • • •• , .,• II ... ., ''";tl.. . " ''', •.•.': ,: - : : :." I: 'I, •• .7''':• ••• . 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" '"o ,..31'' :t' l",,y :',a w. „„d }, ',,; st `2c,S; '?_' 1e,'}r•, ?rr, f'r ,6 i,. „„r t „u,9r"� „,, �i ,�'^µ:"I"�V, ,d 'kr, ,,,£,},,:}so „s's'+4��5`4`, t �,�,it'jµ'fi�:yli,t '7„> ,},{ y" ^;«+. ,, ,°�. ,„ �-;;n,'„;dv. ,. �,"„w �'. x F��?,urrt >„s,1`s��}:tu, � �, « } �,i}ri{a# r, d�, N Levis Rd 5. - a, �'.=''�';:. � ::- �=.�j:Wit_ : :e.�". .. � _: : � - - - '- - . - � jam_.=.: a -x_ 3 _ -- _ Wylie City Council CITY OF YLIE , w AGENDA REPORT , fr Meeting Date: March 9, 2010 Item Number: 6 (City Secretary's Use Only) Department: Planning Prepared By: Renae 011ie Account Code: Date Prepared: March 2, 2010 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, approval of a Shared Parking Agreement for 709 Business Way, Block 1, Lot 5R and 703 Business Way, Block 1, Lot 2R of the 544 Industrial Park Addition. Recommendation Motion to approve a Shared Parking Agreement for 709 Business Way, Block 1, Lot 5R and 703 Business Way, Block 1, Lot 2R of the 544 Industrial Park Addition. Discussion The applicant is requesting approval for special parking alternatives whereby the balance of required parking spaces are located on a separate parcel from the lot on which the principal use is located. The Zoning Ordinance requires City Council review and approval for Shared Parking Alternatives. Article 7, Section 7.3.F.2 Shared Parking: Requirements. The parking requirements may be met by securing the consent to share parking facilities on the same or another parcel and under another ownership. Shared parking may only be approved if: (1) The parking facilities are located on a parcel zoned for the same use as the primary use; (2) The owners cooperatively establish and operate the facilities; (3) The uses separately generate parking demands primarily during hours when the remaining uses are not in operation; (4) A minimum number of spaces are provided to meet the requirements of the use with the single greatest parking demand; (5) Satisfactory evidence, as deemed by the Director, has been submitted describing the nature of the uses and the times when the uses operate so as to demonstrate the lack of potential conflict; (6) The consent agreement, subject to the approval by the City Attorney, must be in the form of a binding contract, of sufficient length of time, between the property owners operating the shared parking facility to ensure the continued use of the facility. The contract shall be filed with the City with the Certificate of Occupancy for each use; (7) The parking facility shall not be more than 300 feet from the building or use it is intended to serve; and (8) The shared parking facility shall not be separated or divided from the building or use it is intended to serve by a freeway, expressway, highway, or major street. Page 1 of 3 Page 2 of 3 The subject property currently consists of a single lot within the FM 544 Industrial Park Addition. The entire complex is approximately 13,150 square feet. There are a total of 36 spaces located on site. An alternative parking agreement was approved for the tenant occupying 3,150 square feet for a Personal Service Use (Dance Studio) in March of 2009 to allow them to utilize one parking space located across the street on Lot 10R, 710 Business Way. Approximately 10,000 square feet of the 13,150 square foot building has been recently vacated and the remaining occupant desires to utilize the newly vacant area of the building to operate an indoor amusement type use. The space will house an indoor golf range, mini golf, batting cages and snack area. The area is zoned Commercial Corridor with primarily industrial type uses in the area. However, as previously noted, there are only 36 total parking spaces on site. The Majestic Ballroom utilizes 15 on-site parking spaces, leaving 21 unutilized spaces available for the proposed amusement use. Based on the zoning ordinance the proposed use, Commercial Amusement or Recreation, Inside, requires a parking ratio of 1 to 100, or additional 100 parking spaces. Staff met with the Building Official in deriving an occupancy load based on the total square footage of useable public space. In accordance with current building codes the facility shall not exceed an occupancy load of 150 persons. This would allow a minimum of 50 parking spaces based on 3 persons per vehicle. The applicant was successful in acquiring a variance in accordance with Article 8, Section 8.4.C.4.e, which states that, the Zoning Board of Adjustments may waive or reduce the parking and loading requirements in any district, whenever the character use of the building is such as to make unnecessary the full provision of parking or loading facilities, or were such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience. The variance allowed a reduction by 40 spaces. Thereby allowing 60 total spaces as opposed to 100 parking spaces for a Commercial Amusement Inside use. Commercial Amusement or Recreation, Inside means a facility wholly enclosed in a building that offers entertainment or games of skill to the general public for a fee. Typical uses include bowling alleys, arcades & billiard parlors. The subject use "Practice Swing — Golf and Baseball Academy" under the indoor commercial use as it is written would require 100 parking spaces. Staffs interpretation that the intent of the Commercial Amusement or Recreation, Inside is categorized too broad and lends itself to a more intense recreational use with video/arcade machines, pool tables, or similar high density entertainment devices occupying a majority of the gross floor area. As outlined by the owner, this facility would have large open space areas where there is no organized recreation functions taking place. The attached Shared Parking Agreement reflects comments and inclusions by the City Attorney and if approved must be filed with the Certificate of Occupancy. The agreement allows for the subject tenant 709 Business Way (Lot 5R) to share thirty-one (31) parking spaces with 703 Business Way(Lot 2R). In accordance with Article 7, Section 7.3(F) the uses separately generate parking demands primarily during hours when the remaining uses are not in operation. Upon tetinination of lease or change of ownership by either party, this consent and agreement is void. Approved By Initial Date Department Director RO 03/02/09 City Manager RETURN TO: Attn: Renae 011ie City of Wylie 2000 Highway 78 North PARKING AGREEMENT This Parking Agreement (the "Agreement") is entered into between Don Lewis ("Lewis"), who is the owner of Lot 2R, Block I, more commonly known as 703 Business Way, Wylie Texas 75098 ("Property A") and Belinda Hockett, ("Hockett"), who is the tenant of Lot 5R, Block 1, more commonly known as 709 Business Way, Wylie,Texas 75098(Property B); WHEREAS, Lewis operates a Manufacturing use on Property A, which requires forty (40) parking spaces, as required by the Wylie Zoning Ordinance. The days and hours of operation of Lewis's Manufacturing use on Property A are: - F (c),3Com; WHEREAS, Property A has fifty(50)parking spaces located on-site; WHEREAS, Hockett operates a Commercial Amusement Inside use on Property B, which requires one hundred (100) parking spaces. The days and hours of operation of Hockett's ,S.c-ct. I ct_i ocerr, Commercial Amusement Inside use are 111 F Crts-,1-1 '00 (y-) ) WHEREAS, Property B will have twenty-nine (29) spaces provided on-site and the Wylie Board of Adjustment granted a parking variance on January 25, 2010, thereby reducing the total number of required parking spaces for the proposed Commercial Amusement Inside use by forty (40) spaces; WHEREAS, taking into account the number of parking spaces provided on Property B and the parking variance, Hockett's proposed Commercial Amusement Inside use on Property B SHARED PARKING AGREEMENT Page 1 568681 will need thirty one (31)additional spaces to meet the parking requirements in the Wylie Zoning Ordinance; WHEREAS, Section 7.3(F) of the Wylie Zoning Ordinance states that parking requirements may be met by securing the consent to share parking facilities on the same or another parcel and under another ownership. The City of Wylie has represented and the Parties hereto agree that shared parking may only be approved to satisfy the City of Wylie's zoning requirements upon the execution of this Agreement and under the conditions stated in the Wylie Zoning Ordinance, such conditions are incorporated as part of this Agreement, as if fully stated herein; WHEREAS, Lewis agrees that Hockctt's Commercial Amusement Inside Use located on Property B may share the use of thirty (31) of the parking spaces located on Property A because Lewis and Hockett believe the Manufacturing use on Property A and the Commercial Amusement Inside use on Property B have mutually compatible, non-overlapping hours of operation. NOW THEREFORE, in consideration of the following, the parties hereby agree as follows: 1. Lewis and Hockett hereby consent and agree that the Manufacturing use on Property A and the Commercial Amusement Inside use on Property B shall share thirty one (31) required parking spaces on Property A so that Property B can satisfy Article 7, Section 7.3 (F) entitled "Parking Alternatives", General Development Regulations in the Zoning Ordinance for the City of Wylie, Texas. In accordance with this Agreement, the tenants, occupants, customers, and/or associates of each use will be permitted and entitled to jointly share the use of thirty one (31) parking spaces on Propety A. Furthermore, so long as this Agreement is in existence, neither SHARED PARKING AGREEMENT Page 2 568681 Party shall prevent the other Party or their tenants, occupants, customers, and/or associates from use of the thirty one(31) parking spaces. 2. Lewis and Hockett further agree to maintain mutually exclusive or compatibly overlapping hours of operation. The days and hours of operation for both of the uses must remain the same and may not differ from those days and hours of operation as stated herein. If such days and hours of operation are changed, this Agreement shall automatically terminate and be considered void from that point forward. 3. A fully executed copy of this Agreement shall be filed with the Director of Planning for the City of Wylie,Texas. 4. If either Party changes the use of Property A or Property B to a use that requires more parking spaces than required by the Wylie Zoning Ordinance and as stated herein, or if there is a change of ownership of Property A or Property B, this Agreement shall automatically terminate and be considered void from that point forward. 5. 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. 6. 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. Executed this day of e,( )'t I k_Ckit,( 2010. SHARED PARKING AGREEMENT Page 3 568681 ACCURATE AUTOMATIC MANUFACTURING CORP. By: , Don Lewis,Owner PRACTICE SWING BASEBALL AND GOLF TRAINING AND PRACTICE By:1-1-d9_,U1AS-0-- --o CZEtt Belinda Hockett,Owner ,---jr 41 SUBSCRIBED AND SWORN TO before me by Don Lewis on this do( day of RI) ,2010. 4).1--+ ' ------- Not Public in and for the State of Texas : - • MELANIE CARRON : r 0 ••• ' • ffitlar)i e_ eararn Notary Public • : :* * • - - STATE OF TEXAS • ,5 _...? (Typed or printed name of Notary) • .7 00' My Comm.Exp.01-28-12 • • SUBSCRIBED AND SWORNIO before me by Belinda Hockett, owner of Majestic Ballroom & Dance Center on this day of FLO , 2010. _. . Notary Public in and for t e o exas ,-,igo,•,,;_, MELANIE CARRON ,'49 76, ,5 . Notary Public ASTATE OF TEXAS My Comm.Exp.01-28-12 ire.t(1.111L OIL 1' inin (Typed or printed name of Notary) SHARED PARKING AGREEMENT Page 4 56868 I City of Wylie Page 1 of 1 t .Y^Ma 1,v i�r\yC; iY t ,v'Sh, i i,P ?, e. qr yip ox C.i,, v-. dr` t x ' rvvde w1 at4 g �w .„, - ?are.,lit w (0 ,,? . 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"tatj k.R Y�. v` i s0 City of Wylie DISCLAIMER N 2000 State Highway 78 Thisdata hasbeen wmpiletl for the City of Wylie. 9 y Various official and unofficial sources were used to rLIE online North City of WyIiegatherthainformatlun.Evel seffort was ources were eto 1 Wylie,TX 75098 ensurethe accuracy of this data,however,no guarantee is given or implied as to the accuracy of said data. http://maps.wylietexas.gov/print.asp?Extent]ef=2564763.78762557&ExtentRight=256606... 2/15/2010 =z ` Page 2 of 2 • Signage,bleachers, site amenities, etc. The project includes installation of 193 trees (157 canopy and 36 ornamental). The Park Division will perform the tree selection and coordinate with the contractor. In addition, approximately 25 additional trees that have been removed from the State Highway 78 widening project are in storage at the Service Center and will be transplanted in the park as part of the project. The shade structure near the existing playground will be approximately 1,100 square feet, much larger than the four other shade structures that will cover nearly 650 square feet apiece. The larger size will accommodate large parties and gatherings that can be held adjacent to the playground. This structure also includes a concrete seating wall and installation of 375 ceramic hand tiles contributed by children and families that participated with the construction of Pirate Cove Playground. The terms of the contract allow 365 days for completion of the project; however, during the interview process, Hasen said they would most likely complete the work in less time, approximately seven to eight months. As stipulated in the specifications, the bidders were required to carry an allowance for the Musco lighting elements and the bleacher shade structures as part of their total bid amount. Accordingly, those allowances have been removed from Hasen's total bid so that the City can award separate contracts for lighting and shade structures directly to the respective vendors. The related companion agenda items are included on tonight's agenda. Approved By Initial Date Department Director MS 2/5/2010 City Manager €r ram; tt„,/ BID SUMMARY - FOUNDERS PARK EXPANSION & RENOVATION Co ntractor Hasen Design, Build The Fain Group,Inc. AU!Contractors,Inc. C Green Soaping,LP Bid Average Development -61 i,080111PTION Base Bid Totals-including buy board Items(MUSCO lighting/Shade Structures) $4,296,059.00 $4,64 ,1 7.00 $a,792,500.00 $5,921,240.40 $5,162,981.60 Bid Alternates Bid Alternate#1 $89,151.00 $90,10 .00 $110,200.00 $172,178.00 $115,408,00. Bid Alternate#2 $169,182.00 $230,180,00 $253,800.00 $410,770.20' $272,483.05 a6407666419 $.4-6-304.00 $437 $42, 0.20' $2643-746 Bid Alternate#4 $9.570.00 $4,272,00 $10,700.00 $9.600.00 $8,535.50:. Bid Alternate#5 $49.645.00 $37,975.00' $2 .100.00 $ 9,620,00 $37 335.00 Bid Alternate#6 $23.932.00 $30,075.00 $31.2 0.00 $39,336.25 $31)135.81 Bid Alternate#7 $20,637.00 $31.493.00 $20,000.00 $4.260.00 19,097.50 Bid Alternate#8 $6,799.00 $5,751.00 $7,200.00 $6.675.00 $6,606: 5 Bid Alternate#9 $5,280.00 $5,651.00 $9,200.00 $14.196.00 $8,581.75'. *TAB.BID ALTERNATES 7 ,1196.00' $435.500-001 34941400-00t $696,635.45 $500,182.86 PROJECT BUDGET $5,169,191.00 BID SUMMARY-TOTAL BID+ ALTERNATES $4,670, 55.00 $5,077,627.00 $6,286,900,00 $6,617,875.85 $5,663,164.46 Difference -$498,936.00 -$91,564.00 $1,117,709.00 $1,448,684.85 $493,973.46 * Eliminated from bid if Bid Alternate#1 is accepted. Page 1 1201 North Bowser Road Richardson,Texas 75081 (214)346-6200 Fax(214)739-0095 MEETING MINUTES To: Contractor interview/bid review Attendees: Robert Diaz-City of Wylie Dennis Sewell-City of Wylie Prepared by: Randy Watson Archie Whiff-City of Wylie Lenny Hughes-Halff Associates Subject: City Coordination Francois de Kock-Halff Associates Randy Watson-Halff Associates Meeting Date: January 19, 2010 Trent Hirth-Hasen Construction Chet Farnsworth-Hasen Construction Location: Halff Associates, Inc. David Hasenzahl-Hasen Construction Minutes Date: January 20, 2010 AVO No.: 24714 Item Description Action 1. Contractor anticipated Substitutions/Change Orders and Project Clarifications 1.1 Items identified and/or expected by the Yes (see Item 1.2 below). Contractor to be substituted within the first 30 days of construction. 1.2 Those items (see Item 1.1 above) listed. Grasspave system (square footage). Halff Associates clarified the design intent,which is to include the entire area in grasspave, extending to the fence line of each adjacent baseball field, not just the designated fire lane or turn-around indicated with a dashed line on sheet C2.01 & L1.01A, Infield clay depth from 6"to 4"- Hasen Construction pointed out a discrepancy between the required infield clay depth with the specifications requiring 4"and the backstop detail (L4.05/04) requiring 6"coverage. Hasen indicated they held in their bids cost for the 4" material. Fencing specifications/detailing - 6 gauge versus 9 gauge at the 6'outfield fencing-Halff Associates with recommendations from the owners representatives determined that the 6 gauge fence specified throughout the project would remain unchanged. - Post size at dugout -Halff Associates will review and consider any submittals for a Page 1 of 5 1201 North Bowser Road Richardson,Texas 75081 (214)346-6200 Fax(214)739-0095 substitution in fencing material (post size, etc.). If it's proven the recommended change is equal to, or of a greater quality and value than that which is held in the specification the substitution will be approved. 1.3 Items identified by the Contractor that are None. unaccounted for in the drawings that will require additional cost and/or subcontractor's involvement(i.e., electrical, plumbing,etc.) 1.4 Items identified by the Contractor that None. require clarification by Consultant and/or Owner. 2. Grading (cut/fill) 2.1 Contractor's comment on the required fill Contractor responded:The city provided 36,000 cy soil (quantity) should be enough. 2.2 Testing requirements for soil. Hasen will keep records of the amount of soil used. Hasen will remove,store, and then respread existing topsoil. 3 Buy board items 3.1 Sunport shade structure Hasen understands they will be required to coordinate (quantity/coordination) with Sunport the turn-key installation of the shade structures(quantity of 8)to be located at the baseball field bleachers. The allowance ($78,000) is included in Hasen's base bid of$4,296,059 3.2 Musco Field lighting Hasen understands they will be required to coordinate with MUSCO the turn-key installation of the MUSCO sports field lighting and will provide electrical to the pole locations. The allowance ($556,757) is included in Hasen's base bid of$4,296,059 Page 2 of 5 1201 North Bowser Road Richardson,Texas 75081 (214)346-6200 Fax(214)739-0095 4. Concrete Work 4.1 Concrete thicknesses Hasen confirmed their understanding of the difference in concrete thickness required for different applications (fire lane,drive lanes, parking lot stalls, sidewalks, plaza space, etc.). 5. Site Amenities and the contractors understanding of their construction/quantities 5.1 Architectural features (North concession Hasen confirmed their understanding of the stand, South concession stand, South architectural components, their method of construction restrooms) and materials, and their location and quantities. 5.2 Base bid shade pavilions Hasen confirmed their understanding of the shade pavilions,their components, method of construction and materials, and their location and quantities. 5.3 Bronze plaque Hasen indicated they had included in their bid a total cost(manufacturing and installation)for the bronze plaque as detailed in the construction set. 5.4 Infield clay product and application Hasen indicated they have consulted with Masterturf as well as other suppliers and will submit product data for approval and apply at the specified depth of 4"per specifications. 5.5 Skate stoppers Hasen indicated they included all costs for the purchase and installation of skate stoppers within their bid. 5.6 Site furnishings (furniture/trash Hasen indicated they included all costs (purchase and receptacles,etc.) installation) for all site furnishings (trash receptacles, benches, stone benches, and recycling bins). 5.7 Historical markers Hasen indicated they included all costs (manufacturing and installation) for historical markers in both the base bid and bid alternate sections of the bid documents. Hasen also indicated they had consulted with Intaglio Composites for the fabrication of these items. 5.8 Pin-mounted letters/signage (aluminum Hasen indicated they included all costs for the aluminum pin mounted letters in the entry signage the base bid sections of the bid documents. Page 3 of 5 1201 North Bowser Road Richardson,Texas 75081 (214)346-6200 Fax(214)739-0095 Hasen indicated they included all costs for the aluminum pin-mounted directional signage(quantity of 2) for the"way-finding"sign walls in the base bid sections of the bid documents. Hasen also indicated they had consulted with Intaglio Composites for the fabrication of these items. 5.9 Planting/irrigation Hasen indicated an understanding of the planting and irrigation design for Founders Park, including the areas for Bermuda sod versus Bermuda hydromulch. 6. Bid alternates 6.1 Add/alt.#1 —Understanding Hasen described the cost for the upgrade to the base cost/upgrades for the playground pavilion bid playground pavilion to be$89,151. This cost is in (Sheets L2.04A& L2.04B) addition to cost already held within the base bid, which include: - Base bid cost for the standard size pavilion (Sheet A4.04). - Concrete flatwork within the floor of the standard size pavilion (Sheet L2.04A). - Concrete work for the sidewalks linking the playground pavilion with adjacent walks. The additional cost of$89,151 covers: - An increase in size from the base bid pavilion to the larger pavilion (Sheet A4.05). - An increase in the amount of concrete flatwork within the floor of the pavilion. - The additional "tile"seat walls within the perimeter of the pavilion, per plan. - Additional concrete sidewalks linking the playground pavilion with adjacent walks. Hasen confirms their understanding that Add/alt. #3 is replaced in its entirety by Add/alt. #1, should the latter be chosen for implementation by the owner. Upon such decision by the owner,the cost for Add/alt. #3 will not be applied to the construction contract amount. Page 4 of 5 1201 North Bowser Road Richardson,Texas 75081 (214)346-6200 Fax(214)739-0095 6.2 Add/alt.#2—Perimeter walk Hasen demonstrated an understanding of the requirements for the 10' perimeter walk which will include the following: - The additional 10'perimeter walk, 2 light fixtures and south traffic table as identified on sheets L1.02A& L1.02B; L1.03A& L1.03B; L1.04A& L1.04B;and L4.08) - Necessary repairs to the existing irrigation system - Necessary repairs to the disturbed soil and fine grading required with the placement of the new perimeter walk - Bermuda hydromulch of all disturbed areas - 1 additional bench 6.3 Add/alt.#3—Add or deduct alternate? Hasen confirmed this cost to be an Add/alternate, additional cost to be replaced in its entirety by Add/alt. #1, should the latter be the final choice of the owner. This concludes the Meeting Minutes. Our goal is to provide a complete and accurate summary of the proceedings of the subject meeting in these minutes. If you feel that any of the items listed above are not correct, or that any information is missing or incomplete, please contact Halff Associates so that the matter can be resolved, and a correction issued if necessary. These minutes will be assumed to be correct and accepted if we do not hear from you within ten(10)calendar days from your receipt. Page 5 of 5 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION—NORTH CENTRAL TEXAS October 2004 Form A.2. STANDARD CONSTRUCTION CONTRACT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Cc�ldin County § THIS CONTRACT Is made and entered into on this the `nth day of March 20 10 by and between the CttY of Wylie (hereinafter referred to as'OWNER")and FIASEL resign wild Sz Development, In (hereinafter referred to as °CONTRACTOR°). In consideration of the mutual covenants hereinafter set forth,the OWNER and CONTRACTOR agree as follows: Article I.Work The CONTRACTOR shall perform all of the work as specified in the Contract Documents. The work Is generally described as follows: Expansion and Renovation of Founders Park,City of Wylie,Texas as described and jecified in,Attachment Park Expansion Contract DeA:aments,to he impleawnteci a`ta total cot; yctpr c ni'4(ion 477 Plans and Specifications prepared by: Half Associates, Inc. All extra work shall be performed as specified or indicated in the Contract Documents; and, at the CONTRACTOR'S own cost and expense, the CONTRACTOR shall furnish all the materials,supplies, machinery,equipment,tools,superintendence,labor,insurance,and other accessories and services as may be necessary In order to complete the construction,as described above and In accordance with the Contract Documents unless otherwise agreed to by the OWNER. prticle II.Contract Documents The Contract Documents may only be altered, amended or modified as provided in the General Conditions. The Contract Documents consist of: this written agreement setting forth the work to be performed; advertisement, if any; Instructions to bidders, if any; proposal; addendum; specifications, including the general, special, and technical conditions, provisions, plans, or working drawings; any supplemental changes or agreements pertaining to the work or materials therefor, bonds; the Standard Specifications for Public Works Construction published by the North Central Texas Council of Governments, as amended; and, any additional documents incorporated by reference. These form the Contract Documents and all are as fully a part of the Contract as If attached to this agreement or repeated herein. Article 1U.Contract Time The CONTRACTOR shall perform and complete all the items of work listed and referred to in the Contract Documents within {' calendar days. All limitations of time set forth herein are material and are of the essence of this Contract. • Article IV.Contract Price The OWNER shall pay the CONTRACTOR for completion of the work in accordance with the Contract Documents using current funds. Such payments shall be subject to the General and Special Conditions to the Contract,as contained in the Contract Documents. Article V.Debts The OWNER may,at Its option,offset any amounts due and payable under this Contract against and debt(including taxes) lawfully due to OWNER from CONTRACTOR, regardless of whether the amount due arises pursuant to the terms of this Contract or otherwise and regardless of whether or not the debt due to OWNER has been reduced to Judgment by a court. Article VI.Miscellaneous Provisions The terms used In this Contract shall have the same meaning as designated in the General Provisions of the Standard Specifications for Public Works Construction, North Central Texas Council of Governments,as amended. The Contract Documents,which Constitute the entire agreement between the OWNER and CONTRACTOR, are listed In Article II. No assignment by either party hereto of any rights under or interests In the Contract Documents will be binding on the other party hereto without the written consent of the party sought to be bound. The OWNER and CONTRACTOR each binds Itself, its partners, successors, assigns, and legal representatives hereto to the covenants,agreements,and obligations contained In the Contract Documents. IN WITNESS WHEREOF,the OWNER and CONTRACTOR have executed this Contract in duplicate and on the date aforementioned. All portions of the Contract Documents have been signed or identified by the OWNER and CONTRACTOR. CONTRACTOR: ATTEST: OWNER: ATTEST: HASEN Dcsttm Build S: 7ev,tr, CO of Wylie By: Printed Name: By: Printed Name: Title: Tile: Appendix A—page 2 Founders Park- Standard Construction Contract Attachment A: Founders Park Expansion and Renovation Contract Documents This document is an attachment to the Standard Construction Contract between the City of Wylie, Texas (the "OWNER") and Hasen Design Build and Development, Inc. (the "Contractor") as entered into on the 9th of March, 2010, for the Founders Park Expansion and Renovation Contract. The following items list all Manuals, Specifications, Drawings, Addenda, Add Alternates, and Allowances that form part of the Founders Park Expansion and Renovation Contract to be implemented at a contract price of $4,060,427 (excluding allowances) which constitutes a base bid price of$3,686,231 and an Add Alternate total of$374,196 for (8) eight Add Alternate items as listed below: Item 1: Founders Park Expansion& Renovation Project Manual includes the following divisions and sections: Division Section Title General DIVISION 0—GENERAL REQUIREMENTS INVITATION TO BID,BIDDING INSTRUCTIONS, BID FROM GENERAL PROVISONS AND SPECIAL CONDITIONS SPECIAL CONDITIONS BOND AND CERTIFICATES ROOFING GUARANTEE 001000 INFORMATION AVAILABLE TO BIDDERS GEOTECHNICAL REPORT TWO-PAGE LETTER SUPPLEMENT ONE-PAGE LETTER SUPLLEMENT CODE ZONING ANALYSIS Technical DIVISION 1— TECHNICAL REQUIREMENTS ROOM FINISH SCHEDULE DOOR FINISH SCHEDULE 011000..... SUMMARY 012100 ALLOWANCES 012200 UNIT PRICES 012300 ALTERNATES 013100 PROJECT MANAGEMENT AND COORDINATION 013300..... SUBMITTAL PROCEDURES 014000 QUALITY REQUIREMENTS 014536 PROTECTION OF THE ENVIRONMENT 015000 TEMPORARY FACILITIES AND CONTROLS 015713 TEMPORARY EROSION AND SEDIMENT CONTROL DURING CONSTRUCTION. 016000 PRODUCT REQUIREMENTS 017300 EXECUTION 017419 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 017700 CLOSEOUT PROCEDURES 017823 OPERATION AND MAINTENANCE DATA 017839 PROJECT RECORD DOCUMENTS DIVISION 3— CONCRETE 033000 CAST-IN-PLACE CONCRETE 033300 ARCHITECTURAL CONCRETE 033816 UNBONDED POST-TENSIONED CONCRETE 034500 PRECAST ARCHITECTURAL CONCRETE DIVISION 4— MASONRY 042000 UNIT MASONRY 042300 GLASS UNIT MASONRY DIVISION 5— METALS 11Page Founders Park- Standard Construction Contract Attachment A: Founders Park Expansion and Renovation Contract Documents 051200 STRUCTURAL STEEL FRAMING 051213 ARCHITECTURALLY EXPOSED STRUCTURAL STEEL FRAMING 053100 STEEL DECKING 055000 METAL FABRICATIONS 055213 PIPE AND TUBE RAILINGS 057500 DECORATIVE FORMED METAL DIVISION 7— THERMAL AND MOISTURE PROTECTION 074113 METAL ROOF PANELS 074213 METAL WALL&SOFFIT PANELS 076200 SHEET METAL FLASHING AND TRIM 079200 JOINT SEALANTS DIVISION 8— OPENINGS 081113 HOLLOW METAL DOORS AND FRAMES 083323 OVERHEAD COILING DOORS 087100 DOOR HARDWARE 089000 LOUVERS AND VENTS DIVISION 9— FINISHES 093000 TILING 099113 EXTERIOR PAINTING 099123 INTERIOR PAINTING DIVISION 10— SPECIALTIES 101400 SIGNAGE 102113 TOILET COMPARTMENTS 102800 TOILET,BATH,AND LAUNDRY ACCESSORIES 104416 FIRE EXTINGUISHERS DIVISION 11— PLUMBING 113100 FOODSERVICES DIVISION 22— PLUMBING 221116 DOMESTIC WATER PIPING 221219 PLUMBING SPECIALTIES 221316..... DRAINAGE AND VENT PIPING 223300 ELECTRIC WATER HEATERS 224000 PLUMBING FIXTURES 225500 BASIC MECHANICAL MATERIALS AND METHODS 225523 VALVES 225529 HANGERS AND SUPPORTS 225700 PIPE INSULATION DIVISION 26 ELECTRICAL 260500 COMMON WORK RESULTS FOR ELECTRICAL 260519 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 260533 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS 262416 PANELBOARDS 265100 INTERIOR LIGHTING 265600 EXTERIOR LIGHTING 265610 FIELD LIGHTING COORDINATION 262726 WIRING DEVICES DIVISION 31— EARTHWORK 311100 SITE CLEARING AND GRUBBING 312000 EARTH MOVING 312200 EXCAVATION,BACKFILL,AND GRADING FOR SITE WORK OUTSIDE OF BUILDING 312333 EXCAVATION,BACKFILL AND COMPACTING FOR UTILITIES 313510 GRASS SEEDING FOR SLOPE PROTECTION AND EROSION CONTROL. 2jPage Founders Park- Standard Construction Contract Attachment A: Founders Park Expansion and Renovation Contract Documents 316329 DRILLED CONCRETE PIERS AND SHAFTS DIVISION 32— EXTERIOR IMPROVEMENTS 321243 FLEXIBLE POROUS PAVEMENT 321313 PORTLAND CEMENT CONCRETE PAVING 321314 PAVEMENT MARKINGS 321316 DECORATIVE CONCRETE PAVING 321400 UNIT PAVING 323113 CHAIN LINK FENCES AND GATES AND SPORTS FIELD BACKSTOP 328400 PLANTING IRRIGATION 329100 LANDSCAPE SOILS 329200 TURF AND GRASSES 329300 PLANTS 329400 NATIVE GRASS SEEDING 329500 DECOMPOSED GRANITE,TRENCH GRAVEL and LIMESTON BENCHES 329550 SITE FURNITURE 329560 BLEACHERS 329570 PARKING BUMPERS DIVISION 33— UTILITIES 331000 WATER MAIN 333000 SANITARY SEWER 334000 STORM SEWER Item 2: Founders Park Expansion and Renovation Bid Set including all sheets as listed on Sheet G0.01. Item 3: Addenda 1. Addendum 1, December 28, 2009 2. Addendum 2, January 08, 2010 3. Addendum 3, January 11, 2010 Item 4: Add Alternate Items The following describes the list of Add Alternates, numbered as per the bid document including the bid amount: ADD Alternate No. 1: Add Installation of Playground Pavilion of Increased Size and Concrete Seat Walls of upgraded size upon which Owner-Supplied Decorative will be installed as well as additional Pavement as Required: Lump Sum Total Add: (Written Amount) $ 89,151 ADD Alternate No. 2: Add Installation of 10' West Perimeter Concrete Walk including 2 light fixtures at the south crossing, grading, drainage, grass repair and pertinent work and installation of an additional Traffic Table to Service the 10' West Perimeter Concrete Walk: Lump Sum Total Add: (Written Amount) $ 169,182 ADD Alternate No. 3: Add Installation of Owner-Supplied Decorative Tiles and Provide Concrete Seat Wall to receive these Tiles at a Size Matching the Base Bid Playground Pavilion: 3IPage Founders Park- Standard Construction Contract Attachment A: Founders Park Expansion and Renovation Contract Documents Lump Sum Total Add: (Written Amount) $ Not applicable ADD Alternate No. 4: Add Installation of 6 additional Historical Marker Inlays: Lump Sum Total Add: (Written Amount) $ 9,570 ADD Alternate No. 5: Add Two Sand Volleyball Courts and Adjust Configuration of Adjacent Light Fixture: Lump Sum Total Add: (Written Amount) $ 49,645 ADD Alternate No. 6: Add One Basketball Court and associated MUSCO Lighting: Lump Sum Total Add: (Written Amount) $ 23,932 ADD/Deduct(Circle 1)Alternate No. 7: Provide single or multiple box culvert crossing at locations shown, including modifications needed for headwalls,walks and other appurtenant elements. Lump Sum Total Add/Deduct(Written Amount) $ 20,637 ADD Alternate No. 8: Add Installation of 15 Canopy Trees (3" Caliper Minimum): Lump Sum Total Add: (Written Amount) $ 6,799 ADD Alternate No. 9: Add Concrete Slabs to Support Bleachers at Large Soccer Fields: Lump Sum Total Add: (Written Amount) $ 5,280 Item 5: Allowances additional to the contract price of$4,060,427: Allowance No. 1: Lump-Sum Allowance. Include the sum of$78,000—Seventy-eight Thousand Dollars: For Tensile Shade Structures to be erected at bleacher locations, including foundations for these structures, by Owner's designated vendor. This Allowance No. 1 includes material cost, receiving, handling, and turnkey installation. Allowance No. 2: Lump-Sum Allowance. Include the sum of$531,828—Five hundred- thirty one thousand-eight hundred-twenty-eight Dollars: Field Lighting System to be erected at softball and soccer fields, including foundations for these structures, by Owner's designated vendor. This Allowance No. 2 includes material cost,receiving, handling, and turnkey installation. 41Page Bond #1612985 STANDARD SPEC(PCATIONS FQR PUBc1C WORKS CONSTRUCTION—NORTH CENTRAL IFXAS October 2004 Form A.3. PERFORMANCE BOND STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF CoIlig Hasen Design Build and Development dba THAT Hasen Construction Services ,a corporation organized and existing under the laws of the State of Texas ,and fully authorized to transact business in the State of Texas,whose address is 291_9 Photo Avenue of the City of Fort Worth ,County of Tarrant ,State of Tex aa (hereinafter referred to as Principal'),and Great American Insurance Company (hereinafter referred to as"Surety").a corporation organized under the laws of the State of Ohio and authorized under the laws of the State of Texas to act as Surety on bonds for principals,are held and firmly bound unto The City of Wylie (hereinafter referred to as'OWNER')in the penal sum of$4.050.427.00 (not less than 100%of the approxima1 total amount of the Contract as evidenced In the proposal plus 10-percent of itta_gale_d penal sum as avidditional sum of money representing additional court expenses, attorneys fees, and liquidated damages arising out of or connected with the below Identified Contract) in lawful money of the United States,for the payment whereof,the said Principal and Surety bind themselves,and their heirs,administrators,executors,successors,and assigns,jointly and severally,firmly by these presents: WHEREAS,the Principal has entered Into a certain written Contract with the omen,dated the 9th clay of March 20 10 to which said Contract Is hereby referred to and made a part hereof and as fully and to the same extent as If copied at length herein for me construction of Expansion and Renovation of Founders Park, City of Wylie,Texas as described and specified in Attachment A: Founders Park Expansion Contraci Documents NOW, THEREFORE, the condition of this obligation Is such, that if the said Principal fully and faithfully executes the work and performance of the Contract in accordance with the plans, specifications,and Contract Documents, including any extensions thereof which may be granted with our without notice to Surety, during the original term thereof, and during the life of any guaranty required under the Contract,and according to the true intent and meaning of said Contract and the plans and specifications hereto annexed,if the Principal shall repair and/or replace all defects due to faulty materials or workmanship that appear within a period of one year from the date of final completion and final acceptance of the work by OWNER;and If the Principal shall fully indemnify and save harmless the-ay/wet-from all costs and damages which OWNER may suffer by reason of failure to so perform herein and shall fully reimburse and repay OWNER all outlay and expense which the OWNER may incur in making good any default or deficiency, then this obligation shall be void;otherwise,to remain in full force and effect;and in case said CONTRACTOR shall fail to do so, it is agreed that the OWNER may do said work and supply such materials arid charge the same against said CONTRACTOR and Surety on this obligation. Provided further,that if any legal action be filed on this Bond, venue shall Hein Collin County,Texas. PROVIDED, HOWEVER, that this Bond is executed pursuant to the provisions Texas Government Code, Chapter 2253, as amended,and Article 7.19-1 of the Insurance Code,as amended.,and all liabilities on this bond shall be determined in accordance with the provisions of said articles to the same extent as if they were fully copied at length herein. Surety,for value received,stipulates ancLagrees that the bond shall automatically be increased by the amount of any.cllange order or supplemental agreement which increases the Contract price with or-without notice to-the_Sotety,but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. And further that no change,extension of time, alteration, or addition to the terms of the Contract, or to the work performed thereunder, Or the plans, specifiektions,prirawings accompanying the same shall In any way affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time,alteration,or addition to the terms of the Contract or to the work to be performed thereunder. Surety agrees that the bond provides for the repairs and/or replacement of all defects due to faulty materials and workmanship that appear within a period ol one(1)year from the date of completion and acceptance of the Improvement by the OWNER. The undersigned and designated agent is hereby designated by Surety herein as the agent resident to whom any requisite notice may be delivered and on whom service of procees may be had in matters arising out of such suretyship. IN WITNESS WHEREOF,the said Principal and Surety have signed and soaled this Instryment on This the 9th ,.-. day of March 201 0 . WITHWlmj PRINCIPAL- 4 --- PrintediTyA3-NarrreThavidI-lasen;ahl Title: President Company: Hasen Design Build and Development dba Hasen Construction Services Address: 2900 Photo Avenue Fort Worth TX 761(17 VITTNtSS SURETY / Printed/Typed N5tfl u Tlie S th Title: A r ey-in-Fact Company: G7t American Insurance Company Address: i435 N. Central Expressway.Suite 600 Richardson.TX75080 The ResiderctAtent.of the Surety for delivery of notice and service of process is: Name: uoTey reatnerston insurance Address: 701 Lamar.Wichita Falls,TX 763n1 Note; Date of Bond must NOT be Phone number. (940)723-7111 prior to date of Contract. Appendix A—page 3 Bond# 1612985 STANDARD SPECIFICATIONS FQA PUBLIC WORKS CONSTRUCTION NOATHS,ENTRAL TEXAS Octoger 2004 Form A.4 PAYMENT BOND STATE OF TEXAS g COUNTY OF C011ln 5 KNOW ALL MEN BY THESE PRESENTS: Kasen uestgn uuna and Development dba THAT Hasen Construction Services , a corporation organized and existing under the laws of the State of Texas and fully authorized to transact business in the State of Texas,whose address is 2900 Photo Avenue axesof the Ctty of Fort Worth County of Tarrant- I ,state vt, (hereinafter referred tows"Principal"),and Great American Insurance Company (hereinafter referred to as`Surety"),a corporation organized under the laws of the State of Ohio and authorized under the laws of the State of Texas to act as Surety on bonds for principals,are held and firmly bound unto The City of Wylie (hereinafter referred to as'OWNER")and unto all persons,firms and corporations who may furnish materials for or perform labor upon the buildings,structures or Improvements referred to in the attached Contract,in the penal sum of$ 4.060.427.00 (not less than 100%of the approximate total amount of the Contract as evidenced in the proposal)in lawful money of the United States, for the payment whereof,the said Principal and Surety bind themselves,and their heirs,administrators,executors,successors,and assigns. jointly and severally,firmly by these presents: WHEREAS,the Principal has entered into a certain written Contract with the OWNER,dated the 9th day of March , 20 10 to which said Contract Is hereby referred to and made a part hereof and as fully and to the same extent as if copied at length herein for the constnictlon of Expansion and Renovation of Founders Park City of Wylie,Texas as described and specified in Attachment A: Founders Park Expansion Contract documents NOW,THEREFORE,the condition of this obligation Is such,that the bond guarantees the full and proper protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract and for the use of each claimant,and that conversely should the Principal faithfully perform said Contract and in all respects duly and faithfully observe and perform all and singular the covenants, conditions,and agreements In and by said Contract,agreed to by the Principal,and according to the true intent and meaning of said Contract and the claims and specifications hereto annexed,and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to Surety being hereby waived, then this obligation shall be void; otherwise, to remain in full force and effect. Provided further,that if any legal action be filed on this Bond.venue shall lie in Collin County,Texas, PROVIDED, HOWEVER, that this Bond is executed pursuant to the provisions Texas Government Code, Chapter 2253, as amended,and Article 7.19-1 of the Insurance Code,as amended,and all liabilities on this bond shall be determined in accordance with the provisions of said articles to the same extent as it they were fully copied at length herein. Surety,tor value received,stipulates and agrees that the bond shall automatically be increased by the amount of any Change Order or supplemental agreement which increases the Contract price with or without notice to the Surety and that no change,extension of time, alteration, or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same shall in any way affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time,alteration,or addition to the terms of the Contract or to the work to be performed thereunder. The undersigned and designated agent is hereby designated by Surety herein as the agent resident to whom any requisite notice may be delivered and on whom service of process may be had in matters arising out of such suretyship. IN WITNESS WHEREOF,the said Principal and Surety have signed and sealed this instrument on this the 9th day of March ,20 10 r 1 WITNESS PRINCIP4 iL'`_J s` �'t i .. Printed/TypedName David Hasenzahl =,r Title: President Company. Hasen Design Ririlrl and DPvelnpment rtha Haasen Construction Services Address: 2900 Photo Avenue Fort Vliforth,TX 76107 WITNESS , SURETY 1 ,-f r ~i Printed/Typed Name 4.1 ie mith Title: Attorney-irttF t Company: treat Atne ican Insurance Company Address: 2435 N.Central Expressway.Suite 60.1 Rirhardcnn, TX 75nRn The Resident Agent of the Surety for delivery of notice and service of process Is: Name: Boley Featherston Insurance Address: 701 Lamaar. Wichita F.aIIs,TX 76301 Note: Date of Bond must NOT be Phone number. (940)723-7111 prior to date of Contract. Appendix A—page 4 Bond'#..1612985 STANDARO SPECIF1CA1-IONS FOR PUBLUC WORKS CONSTRUCTION-NORTH C E�AS� !URAi T • t5ctobar2O04 ForrrrA.5. • MAINTENANCE BOND STATE'OP TEXAS' . . § • KNOW Ai..t:MEN BY.THESE PRESENTS:: : • ... ' cOUPfY.OF Collin . . Hasen Design Build and Development dba THAT Hasen Construction,Services ;a corporation organized and existing under-the laws at the ' Stets of Texas :,and toy authorized to sact business in the State of Testae: address is 2900 Photo Avenue. .: .of the city or. .Fort-Worth nt I exa� � ,state.rn, . . (hereinafter referred to as' 'rincipar),.and ..GreatAmencan Insurance Company . . (hereinafter referred to as'SrireV) a corporation organized-tinder the laws of the State of. Ohio . . • . and • •authorized under laws of the State of Texas to act as.Surety on Winds for principals,•are held snd leanly boundunto The City of Wylie. .. (hereinafter referred to as'owNSRg in the penal sun of$'4 O60,427.00- : : In lawh4.money of - .,the United States, for this payments whereof,.the saki Principal:and Surety bind themselves; and their heirs, administrators;executors; • successors,and assigns,jointly and severally,firmly by those presents: . '- WFfEREaS,nee Principal entered into a certain written Contract with the avian,dated the Sth .day of-. March • . 20.10 ,to which saki Contract is hereby referred to site}made part hereof and-ass fully and,pa.the same extern as if Copied at.length . her-Wt.-TT-for the of Expansion and Renovation of Founders Park,City of Wylie,Texas as described • . . : and specified in Attachment w:rounders tart txpansfon i.ontract Documents .. . . . NOW,THEREFORE,the:condition of this obligation is such,that the bond'guarantees the.full and proper ntalntteriance and:repair: of ife•work herein contracted,to-be.done and performed for a period of itwo ,:vear(s)from the date of acceptant.and'Principal wilt do all . necessary backtilling that may arise on account of sunken'conditions in ditches,'or otherwise,and do and perfctfm all necessary wort(and - . repair any defective condition growing out of or arising froth the Improper laying.or constriction of:same,or on account of any tweaking.of - • same caused by said OO TYiwaCTOR in Construction of same,or on account of any defect arising-in any of said work laid or constructed by,said • CONTRACT0n or on account of improper excavation or badcfiiling,It being understood that the purpose of Oita section is:to'.cover all detective . conditions arising by reason of defective materials,work or labor.performed by said cof(rRACTOR,then this obligation:shall be void:otherwise; to remain in full force and effect and In ease said cots ACTOR shall fad to do so,:it is agreed that the OWNEJt may do said work and supply . • such materials and charge the same against said-.CONTRACTOR and Surety.on this Obligation: Provided further,that if any legal action belled • on this Bond,venire shall Ile In •collies -' • ' County;Texas, . . . • •. PROVIDED,.HOWEVER,that said-Surety,for value.recslved;.stipulates and agrees the bond shall automatically be increased by -: the amount of any.Change-Order or supplemental agreement which Increases the Contract price with or without notice to.the Surety and that no change,extension of time,-alteration,:or:addition to the terms of the Contract, or to the work performed.thereunder;or the'plans; specifications,or drawings•accompanying the same shall.In:any way affect its obligation:on this bond and ittloes.hereby waive notice Of any such(Mange,extension of time,alteration:or addition toiheterms of the Contractor to the wort to be performed-thereunder. -• • • •: •: Therursdersipned and designated agent is hereby designated by Surety herein as the:agent resident to whom tiny requisite notice .' . _ may be delivered and on whom service O.process may be had in matters ar€sing:out of such suretyship.: . IN WITNESS WHEREOF the'said Print and Suretyhaves spatIgned and seaied:this.xssirument on this the. 9tft •.. day of March ' ,20 10 - • . - ITNESS . W 'PRINCIPAL Printed/TypedName 'David Hasenzahl • rue: Prsident company:, Hasen Design Build and Development dba . . Hasen.Construction Services : : • Address: 2900 Photo Avenue:... . . .. :. .. . Fort Worth,TX 107 ..• . .. WITNESS : SURETY I f'rt<ttedli me • Title: ,A rney-in- ac: . . Company/ eat American Insurance Company. `_:._,.:-_: : - address: " s3 N.centralExpresswav;Suitt. 600 . - . . • Ricbardsorh,TX 76060 . - The Resides t Aeentof the Stoehr for delivery of notice and Service of process Is: • Name: o eFeatherston Insurance.. . - . Amass: rof,Lamar,Wichita-Palls,TX 76301 ' . Neter . . Date of Bond must NOT be Phone number - (940)723-7111 ; prior CPdatb of Contract.. : • Appendix A—page 5 STANDARD SPECIFICATIONS.FOR PI,iBI.0 WORKS tbNSTRLIGTION.---NO itM CENTRAL.TEXAS October,29S4 Form A B. CER11FICATE OP INSURANCE +RbDt l lS )Et#ATE:502J4/201O This CERTIFICATE t$ISSUED;AB A MA1TER OF U*FQRMA11QN ONLY AND Wortham Insurance&Risk Management CONFERS itiO .RIGHTSS.. UPON THE CEPtTI.FfCATE HOLDER, MIS; otttoimivre:pog1600 West Seventh St Ate=EXTEND, •OR.ALIEN THE COVERGE 'AFFORDED,GY T HE POUCIES BELOW Ft.Worth,Tx. 76102 COMPANIES A✓F ORDING COVEti E CODS '' LIB-GaDE OOMPANY LETTER A Republic Lloyds . INSURED- Hasen Construction Services COMPANY LETTER;S Southern Insurance Company Hasen Design Build Development 2900 Photo Ave. COMPANY Fort Worth,TX 76107 LE.ti`btt C Texas Mutual Insurance Company PtIMPANY . _ - .0' Republic Underwriters Insurance CQVEtutolS . . . Ti*,s,IS TO:CERTIFY THAT THE POLICIES OP INSURANCE LISTED BELOW.HAVE BEEN ISSUED TO THE'.INSURED NAMED:ABQYE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING`ANY REQUIREMENT:TERM,OR CONDITION CIF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY B1 ;ISSUED OR tM1AY' PERTAIN, THE:INSURANCE AFFORPEO SY TtHE POLICIES DESCRIBED HEREIN IS$US:IECTTO ALL ME TERMS,EXCLUSIONS,AND CONDITIONS t SUCH POLICIES:UMITS.SHOWN MAY'HAVE SEEN.REDUCED BY f'AID:CLAIMS. Typo°otirseurenpe Policy Lumbar Eftbe ve Deo F,xplralfafs ITxte All Llitttte.jp Tf>airs�lindal 'General Liability IIVIM±IIEIIW�Y} {Iy1}VA/!�#VlF f!) Commercial General Liabliay+ GL563898101 , 08/14/2009 08/14/201Q. Ctakns Nagar Cedar.: A i3erietA1 ggregate $2 000 OVahe?s 8 t^.il»trader`•Fret. - Prod I Aggragate !� PattibretI& sine:Iniury S1(0TU Automobile Liability Each Occurrence � my Auto BAP563898201. 08/14/2009 08/14/2010 F an�lrge=tAny,onelire} $ 100 All t arii9 Autos Mediae Expense(Any-one.person}$ 10 Scheduled Autos Combined Sirle.Lanit S 1;000 Mired Autos 14AY9tiSt39t3201 Ut3/14/2UUS UWi/14/201 U &y inirry;(Par person) $ ; #3odily Injury(per accident] $Nor-O►vned Autos $AP563898201 .)1014/2009 ' 08/14/2010 ;Rnoper!"J4t1 atte g QSYage USONty Ocess Llabffty Other Than Umbrella Form UMB563898301 08/14/2009 08/14/2010 : aM�crrmor ® regale c..,. 0 ,...., ._ $4,0 Woriters Compensation SBP0001164023 08/14/2009 08/14/2010 AN $1 0. ( KKRIS,AccHtent7 Empkkyers Liability $1,000 tOA ..-4 EUtnpq ae Other Description.of Opsrreti!onaILoaettan och1cIesme*t►iottan* poiclral.Items Project: Founders Park,851 Hensley Ln.,Wylie,Tx.75098 See Attached Description , CERTIFIED HOLDER CANCELLATION City of Wylie SHOULD ANY OF•TE MOVE'DESCRIBED POLICIES BEaCANCELLED BEFORE THE EXPIR TION Y DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ... DAYS WfrrtEN 2000 Hwy 78 N NOTICE TO THE CERTIFICATE i4cAxittO. 4MEO TO THE LEFT, RUT FAILURE TO,MAIL SUCH NOTICE SHALL IMPOSE-NO OBLIGATION OR LIABILCTY OF ANY KIND uo.oN'THE COMPANY,Its Wylie,Tx.75098 r • I ,- R .. o, :r .,. : t Appendix A: page Zi) w s "' n" xe c --^�a �,. rsr y -rc,^�,mm Est rs � ^^^ " s a " ^" m�Y ,� r a � r, p� 5�� p n > �.SL. N .'6.A,�.., '." Y ,»P..affi(i°.+t •"iN^ ..fit, k'�C' '""�.. w, 3 WA-: d L�.' 3 I„":' ,' ^t 1 �^ `,,:4.(.1 . . �w+...�:x..w,c..„w..w,.....:�,,,®,ww....'T RJ� Blanket additional insured coverage on the General Liability and Auto coverages is subject to a written contract between the Named Insured and certificate holder that requires such status. Blanket Waiver of subrogation will apply only to the extent provided by law per any contractual provision on the Workers Compensation.Umbrella coverage follows form. 30 Day Notice of Cancellation except 10 Day Notice for Cancellation for Non Pay. "s. 4.44e �.x x a rbs Lit lt4r9 � � �- �r�e s,LZ-'� GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No.0 18869 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power STEVE DEAL ALL OF ALL STACI GROSS WICHITA FALLS,TEXAS $75,000,000. JULIE SMITH This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 3RD day of JUNE 2009 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITCHIN(513-412-4602) On this 3RD day of JUNE 2009 before me personally appeared DAVID C.KITCHIN,to me known,being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008. RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant Vice Presidents,or any one of them,be and hereby is authorized from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond undertaking,contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. Signed and sealeu this 9th day of March , 2010 . 51029Y(10/08) Great American Insurance Company of New York r' TA1t✓SERIC.41V Great American Alliance Insurance Company 1NIURARCE GROUP Great American Insurance Company IMPORTANTNOTICE: To obtain ir:ltormation or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages,rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O.Box 149104 Austin,TX 78714-9104 FAX#1-512-475-1771 Your notice of claim against the attached bond may be given to the surety company that issued the bond by sending it to the following address: Mailing Address: Great American Insurance Company Claim P.O.Box 2575 Cincinnati,Ohio 45201 Physical Address: Great American Insurance Company Claim 580 Walnut Street 7th Floor Cincinnati.Ohio 45201 You ma:. also contact the Grea:American Insurance Company Claim office by telephone a:: Telephone Number: 1-513-369-5059 PREN11TUM OR CLAIM DISPUTES: If you have a dtspute concerning a premium, you should contact the agent firs:. If you have a dispute concerning a claim. you should contact the compan!.firs:. If the dispute is not resolved. you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document. F.9667 tt:90D11 BID FORM PROPOSAL OF: r/1.1 St-5/1 Id vtlopMt-ti-r (Contractor Name) Z(-10 o 1-1 o TD Ade_nuC iorfl. , (a ( l l 7 (Contractor Address) 8 /1 -8-11 - / 4l-f (Contractor Phone No.) DATE: S mar 3, 2- l0 Return Bid To: City of Wylie Purchasing Department 2000 Hwy 78 N Wylie,Texas 75098 REFERENCE:"CONSTRUCTION OF FOUNDERS PARK EXPANSION AND RENOVATION" Dear Sir: The undersigned, having carefully examined the Bid Documents and the site of the Work, and being familiar with all conditions relating to the proposed construction, hereby proposes to furnish all labor, materials, services and equipment required for, or incidental to, the construction of the Work, including Allowance(s) in accordance with the Bid Documents,and within the time set forth herein for the lump sum Base Bid of: Dollars($ ). _ ' 7 C N te: mount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Please Note the Following: The undersigned further agrees that the Bid Bond accompanying this Bid,payable to the City of Wylie,Texas, is left in escrow and its amount is the measure of damages which the Owner will sustain by the failure of the undersigned to execute and deliver the Agreement, Performance Bond and Payment Bond, insurance certificates, and other required documents., and that if the undersigned defaults in executing the Agreement and/or in furnishing the aforementioned documents within ten (10) consecutive calendar days of written notification from the Owner of the intent to award the contract to him,then the Bid Bond shall become subject to forfeiture to the Owner. It is understood that the Owner reserves the right to accept or reject any and all bids and to waive all irregularities. The Owner may select any combination of alternates, which, when combined with the base bid,are seen to be in the best interest of the Owner. It is further agreed that this Bid Proposal and Bid Bond shall be valid and not be withdrawn for a period of ninety(90)days from the date of opening thereof. The undersigned further agrees, if awarded the contract, to execute the Agreement within ten (10) calendar days after notification of intent to award; and to commence work not later than ten(10)calendar days from date stated in the "Notice to Proceed" from the Owner; and to fully complete the project within 365 consecutive calendar days after the date stated in the Notice to Proceed. CITY OF WYLIE • PURCHASING\ • 20005 LRCH. SING DEPARTMENT • HWY 78 NORTH • WYLIE,TEXAS 7�I198 Page 9 It is anticipated that the Owner will issue a Notice to Proceed to the successful bidder on February 9, 2010. It is anticipated, that based upon the issuance of the above mentioned Notice to Proceed, that the Contractor must begin work by March 2,2010. It is anticipated, but not yet a contracted requirement, that the Work will be substantially completed on March 2,2011. The undersigned further agrees that from the compensation otherwise to be paid, the Owner may retain liquidated damages in the amount of$500 per day of unexcused delayed completion. The undersigned accepts the determinations in the Bidding and General Requirements and Technical Requirements regarding information upon which the Bidder can rely,as well as Bidder's responsibility to obtain additional data. The undersigned hereby acknowledges receipt of the following addenda to the drawings and project manual, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing hid: Addendum No. Date `L Li Addendum No. Date Addendum No. Z Date j C3 l 10 Addendum No. Date Addendum No. .3 Date II It I I© Addendum No. Date The terms used on this Bid Form which are defined in the Bidding and General Requirements and Technical Requirements have the meanings assigned to them as if assigned to them by those documents. CERTIFICATIONS The Bidder understands it is an independent contractor, wholly responsible for the day to day operations of its programs and employees, that no joint venture, partnership or agency exists nor shall be implied by the terms of the Agreement if the contract is awarded to Bidder; and that no employee of Bidder will become an employee of the City of Wylie by virtue of this contract. The Bidder understands it will indemnify and hold harmless the City of Wylie and its officers, directors, agents, employees and representatives, including its separately-contracted professional consultant, Halff Associates, from and against any and all liability for any and all claims, suits, demands,causes of action, and or damages including costs of court and reasonable attorneys fees arising from or based upon intentional or negligent acts or omissions on the part of Bidder, its officers, directors, agents, representatives, employees, or visitors which may arise out of or could result from the contract if Bidder is awarded the contract. NO FE: This Proposal must bear the written signature of the Bidder. a. If the Bidder is an Individual doing business under a name other than his own name, the Proposal must so state, giving the address of the Individual. b. If the Bidder is a Partnership, the Proposal must so state, setting forth the names and addresses of all Partners, and must be signed by a Partner so designated as such. c. If the Bidder is a Corporation, the Proposal must be signed by a duly authorized officer or agent of such Corporation. CITY OF WYLIE • PURCHASING DEPARTMENT • 2000 HWY 78 NORTH • WYLIE,TEXAS 75098 Page 10 ALTERNATE PRICING FORM ADD ALTERNATE ITEMS: ADD Alternate No, I: Add Installation of Playground Pavilion of Increased Size and Concrete Seat Walls of upgraded size upon which Owner-Supplied Decorative will be installed as well as additional Pavement as Require ' � _ Lump Sum Total Add: (Written Amount)S �L.— . l\_ t,. d'3. $c?'I, I J e`r l '1 w .C:< 1 ADD Alternate No.2: Add Installation of 10'West Perimeter Concrete Walk including 2 light fixtures at the south crossing,grading,drainage,grass repair and pertinent work and installation of an additional Traffic Table to Service the 10'West Perimeter Concrete Walk: / Lump Sum Total Add:(Written Amount)SCr ,,,E. / . . ,,1..,4 L.," p $ 1 (G7Ci, f ' ADD Alternate No. 3: / :�— IYK. /fit£= x'Y=-' .. "� a r Add Installation of Owner-Supplied Decorative Tiles and Provide Concrete Seat Wall to receive these Tiles at a Size Matching to• Base Bid Playground Pavilion: Lump Sum Total Add: (Written Amount)$ $ IC , � (.,(;, - ADD Alternate No.d: �� ? Add Installation of 6 additional Historical Marker Inlays: Lump Sum Total Add:(Written Amount n )$ ° J „1 $ lv ADD Alternate No.5: '- „ Add Two Sand Volleyball Courts and Adjust Configuration of Adjacent Light Fixture: // Lump Sum Total Add:(Written Amount)$ � � � � $ 4: - y ADD Alternate No.6: 'fA i' 24``` -610-s- Add One Basketball Court and associated NIL' O Lighting: Lump Sum Total Add:(Written Amount)$ - 2 ADD/ r Deduct(Circle I)Alternate No.7: "` `"' t 1` Provide single or multiple box culvert crossing at locations shown,including modifications needed for headwalls,walks and other_appurtenant elements. Lump Sum Total Add/Deduct(Written ALnount)$�Li y.7_4 y / $ (t-ff • ADD Alternate No.8: i -Lv L. ,L-1...:f` 7- ''`"' Add Installation of 15 Canopy Trees(3"Cal' r Mini um): a ' �� " Lump Sum Total Add:(Written Amount)$ $ j I tiu y`ADD Alternate No.9: / A- 5 Add Slabs un at ge SoccerFields: ` -,- Lump SnTotlAdd: WritnAmot)$ $D e4 te � E Addendum No.2.January R,2010 CITY OF WYLIE • PURCHASING DEPARTNIENT • 2000 HWY 78 NORTH • WYLIE,TEXAS 75098 s� Page II BID FORM SIGNATURE LINES NOTE: Tfii-kproposal mu cart e written signa of the Bidder. , Bidder: (Legal Signature) . Pc N L (Type/Print Name) as-A:444,-1A- ri -k Title Business Phone No.: S11 - b1 -1 — This bidder is a(an): e-OrpprA45:0 Individual,Partnership,Corporation The full names, addresses and telephone numbers of all persons interested in this Proposal, as principals are as follows: re-AR--- ilr_g_q-6 290 ?Arm 6-)01- -II- 811 - 5-61 - Corporate Seal Placed Here CITY OF WYLIE • PURCHASING DEPARTMENT • 2000 HWY 78 NORTH • WYLIE.TEXAS 75098 Page 12 „AX II /� LIST of UNIT PRICES FORM PROPOSAL OF: 'II A � I n. P i IS ` �(t;e><I -t- (Contractor Name) Z ctCJ o "-p t-IC1rD A)0,,,,,ki A c(--f' LU)r4--+• , -r kl— 7 b i to r1 (Contractor Address) to ll - &-1- -f ( ,-r4 (Contractor Phone No.) DATE: SCNu.Ar .1 13, zu,o To: City of Wylie Purchasing Department 2000 Hwy 78 N Wylie,Texas 75098 REFERENCE:"CONSTRUCTION OF FOUNDERS PARK EXPANSION AND RENOVATION", Unit prices FOR PLANTING 2 are required to be recorded as an accompaniment to the Bid Form at the time of bidding. Unit prices are requested so that the Owner may ascertain whether the bidder has reasonably inferred from the documents the quantity of planting materials and other landscape items and has also established their value. The Architect will expect that the value of items for which unit prices are requested will agree with the material cost of the plant materials when indicated on the Schedule of Values. It is not the Owner's intent to consider the purchase of additional plant materials based upon the information provided by the contractor in the Unit Prices List. Unit prices include all listed plant and landscaping materials, and include cost for delivery to the project site,but do not include installation. Please note that the contract amount does include the cost of the plant material, its delivery and its installation. Unit prices will include that part of the Contract amount which are the plant or landscaping material,and its cost for delivery. Item: Quantity Unit Price: TREES Tree, Specified Size,Cedar Elm 0 each $ 7 3) Per Tree Tree, Specified Size, Shumard Oak each $ ZL1 L Per Tree Tree, Specified Size,Live Oak t each $ Li l,y Per Tree Tree, Specified Size,Chinquapin Oak each $ 2'$ 0 Per Tree Tree, Specified Size, Bur Oak e each $ y i 0 Per Tree Tree, Specified Size,Texas Ash a '7 each $ 2-8C) Per Tree Tree, Specified Size, Eve's Necklace (c each $ 31 'r Per Tree Tree, Specified Size,Texas Redbud each $ " -3 Per Tree Tree, Specified Size, Mexican Plum Jilt each $ L. 3 Per Tree Tree, Specified Size, Mexican Buckeye 1 l each $ '2 ° Per Tree ORNAMENTAL GRASSES AND GROUNDCOVERS Item, Specified Size,Gulf Muhly Grass Is each $ (i t Per plant container Item, Specified Size, Love Grass ' 7y„.,,_ each $ G , ‹L Per plant container SOD GRASSES AND SEED "Caliche" Native Grass Mix '_ . t sf $ , 0 Per sf "Blackland Prairie"Native Grass Mix 1( ' sf $ , 0+' Per sf Love Grass A,S,3 I sf $ e is L Per sf Turf, Bermuda Hydromulch {, I'cl,ix;;y- sf $ _ 04 5 Per sf Unit prices for IMPORTING TO INCREASE THE QUANTITY of STOCKPILED FILL or REMOVING EXISTING STOCKPILED FILL are required to be recorded as an accompaniment to the Bid Fonn at the time of bidding.2 For IMPORTING FILL, Per Cubic Yard of General Site Fill,add I cdollars and 14 cents per CY' For REMOVING FILL,Per Cubic Yard of Stockpiled Site Fill,add 0 dollars andK) cents per CY 2 Addendum No. 2, January 8, 2010 CITY OF WYLIE • PURCHASING DEPARTMENT • 2000 HWY 78 NORTH • WYLIE,TEXAS 75098 Page 13 LIST of SUCCESSFULLY COMPLETED PROJECTS FORM PROPOSAL OF: FI A cin I ( 1.7� (d fN CA-4 (Contractor Name) - co 7 t-tu'D Pry z r -4; r l l,�3, , T E►�A- - -7 (a l o ,_7 (Contractor Address) 9' -H '»- iiW (Contractor Phone No.) 11 DATE: Vt v-Pcr 13, Zv ru To: City of Wylie Purchasing Department 2000 Hwy 78 N Wylie,Texas 75098 REFERENCE: "CONSTRUCTION OF FOUNDERS PARK EXPANSION AND RENOVATION", Provide a list of four Projects and Project Owners for whom you have performed services similar to those required of this project. Include descriptions of native plant installations and maintenance on at least two of these projects. Include separate sheets if necessary: 'KLE 0.r1 12-1 I i ieeccc ivtro IJ E 2 y o . 4I 1 as (Project No. 1 Name) (Contact Person,Title,Phone) rvv_kr._ '1'y (At-kb z 1,4- b )o - 32.04-1 its"/brA- n r,- &4+kr a.(_ 2_3 Y, a-v-0 �j - (Description and Value of project) A 1 (Project No. 2 Name) (Contact Person,title,Phone)(6 /1 a(Vj C- �cA�2 fiU S YYG¢f f CAfaE ®U 4-4 o ii-re (� Z 10 1 1 I (Description and Value of project) (Project No. 3 Name) (Contact Person,Title,Phone) o P- '7>A4 'f s-13 (Description and Value of project) /A LAr\d MA-K- 'rf"),ttt,E LAwto J 0 L'�M (Project No.4 Name) (Contact Person,Title, Phone) Gtc�c snd.c«�r�xt'�1 �� F7Aer,`c.a4-�-e,,.) c,l :4--v 6 4, 2_40,evc) (Description and Value of project) CITY OF WYLIE • PURCHASING DEPARTMENT • 2000 HWY 78 NORTH • WYLIE,TEXAS 75098 Page 14 off'' LIST of REFERENCES FORM PROPOSAL OF: sj--• /1/43 t0Z-11k-1 , ?1,2, I at 10 _Siogroacr jtor Name) Avei\q,t: k_acr4i.‘ 0_7 (Contractor Address) /-1 —6'. - I tik-i (Contractor Phone No.) DATE: -J ArNA.kikry -zA.) 10 To: City of Wylie Purchasing Department 2000 Hwy 78 N Wylie,Texas 75098 REFERENCE: "CONSTRUCTION OF FOUNDERS PARK EXPANSION AND RENOVATION" Provide a list of four Project Owners for whom you have performed services similar to those required of this project: 7fr.4 4-1\ 19 - L-lo (Reference No. I Name) (Reference Phone) Cr_t yo I tik----POrit_ S At-b. Nccap,-ko (-Klt t_r-c) 1Z-y 1 (Nature of this Reference's affiliation with your Company) 111160,u A-4-1,1/4) Acfell - u,4 - 2011/Vs- (Reference No.2 Narhe) (Reference Phone) rb LAR)c--4, - --401/.0 131 (Nature of this Reference's affiliation with your Company) EA cOl - 2-i qt-16 kis') (Reference No.3 Name) (Reference Phone) 'E 4.410-tr- (Nature of this Reference's affiliation with your Company) iic LAtl ot.)(Reference No.No.4 Name) (Reference Phone) OIJLAki &4 LAM_ 1A13 ; <A4.3vd ria( y (Nature of this Reference's affiliation with your Company) CITY OF WYLIE • PURCHASING DEPARTMENT • 2000 HWY 78 NORTH • WYLIE.TEXAS 75098 Page 15 LIST of MAJOR SUBCONTRACTORS FORM Major Subcontractors: List below Concrete, Masonry, Roofing, Mechanical, Plumbing, Structural Steel, Electrical and Landscape Subcontractors and Suppliers and others who will perform major components of the project. Su bcA;eNj-f% L 4ie Cid it- cr4 Cc-Ls CATA-cci AccApr) Earthwork )0. 0‘,Cb--I 4.4- City: LAL Concrete Nre_ City: Masonry L City: Roofing cc/ ictac aql- City: — tktJ Mechanical k-- City: Plumbing City: (43—k1N Structural Steel Pc 10:01 0 k City: Electrical (kJ 4t-v: City: Landscape P141„Linti • City: t„e Nrri. tie All Plant Materials Suppliers — City: (-41 City: City: City: Other City: CITY OF WYLIE • PURCHASING DEPARTMENT • 2000 HWY 78 NORTH • WYLIE,TEXAS 75098 Page 16 BID AFFIDAVIT The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation To Bid. The period of acceptance of this bid will be 90 calendar days from the date of the bid opening. (Period of acceptance will be ninety (90) calendar days unless otherwise indicated by Bidder.) "h -J A A s t•4 h L am a duly authorized officer/agent for 14A ,v /, ES��A , 1 ) C(ap.14 c and have been duly authorized to execute the foregoing on behalf of the said c.‘lPAnl/ I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/commodities bid on, or to influence any individual(s) to bid or not to bid thereon." Name and address of Bidder: I-1 ry 'Pk_ per , f p( lOPMk,• -rz) Uor+rtt t e 1 a-, Telephone: ( C!s l 1 ) E3`i 114 4 Fly: i Z - - 114q �. TitleTPCE,k Lcn ftASt,J Signat e: CITY OF WYLIE • PURCHASING DEPARTMENT • 2000 HWY 78 NORTH • WYLIE,TEXAS 75098 Page 17 -� N CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE ONLY Government Code by a person doing business with the governmental entity. Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. .1 Name of person doing business with local governmental entity. I � 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name each employee or contractor of the local governmental entity who makes recommendations to a local government officer of the governmental entity with respect to expenditures of money AND describe the affiliation or business relationship. WA 4 Name each local government officer who appoints or employs local government officers of the governmental entity for which this questionnaire is filed AND describe the affiliation or business relationship. NI A Adopted 11/02/2005 CITY OF WYLIE • PURCHASING DEPARTMENT • 2000 HWY 78 NORTH • WYLIE,TEXAS 75098 Page 18 FORM CIQ CONFLICT OF INTEREST QUESTIONNAIRE Page 2 For vendor or other person doing business with local governmental entity 5 Name of local government officer with whom filer has affiliation 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 other 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 ❑ 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? ❑ Yes ❑ No C. Is the filer of this questionnaire affiliated with a corporation or other business entitx that the local government officer serves as an officer or director,or holds an ownership of 10 percent or more? U Yes ❑ No D. Describe each affiliation or business relationship. 6 ' I/3 //v Signature of person doing business with the governmental entity Date Adopted 11/02/2005 CITY OF WYLIE • PURCHASING DEPARTMENT • 20181 HWY 78 NORTH • WYLIE,TEXAS 75098 Page 19 ~ " ^ THE �yN��I�� I�J�T/� �� /�� |T��T� � ' '��' ��` � ` �INSTITUTE' ' ^^ ` �� ^�' ARCHITECTS ^^�' ~ ' ^�^� ' �° ALA Document A31O ��°�� Bond N�^�� B�� KNOW ALL MEN BY THESE PRESENTS, that wo Hssmn Design Build and Development, dbmHssen Construction Services, 2900 Photo Avenue, Fort Worth, TX 76107 as Principal, hereinafter called the Principal, and Great American Insurance Company 2435h;' Central Expwy,Suite 600 Richardson,Texas, 750W0 (Here insert full name and address o,legal title mSurety) a corporation duly organized under the laws ofthe State of Ohio as Sunaty, hereinafter called the Sunah/, are held and Dnn|y bound unto Town of Wylie, Texas (Here insert full name and address o,legal title mOwner) as Obligee, hereinafter called the Obligee, in the sum of ^^^ FIVE PERCENT OF BID AK8OUNT^^^ Oo||amo( 5% � for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointlyand severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name,address and description mproject) CONSTRUCTION OF FOUNDERS PARK EXPANSION AND RENOVATION NOW, THEREFORE, if the Obligee, shall accept the bid of the Principal and the Principal shallenter into o Contract with the Obligee, in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay ho the Obligee, the difference not to exceedthe penalty hereof between the amount specified /n said bid and such larger amount for which the Obligee, may/n good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain/n full force and effect. Signed and sealed lis 15th day of January, 2010 /*/$ ' F�ssem Construction Services / L^~^7 � u»� w��' ~/ (Seal) (Witness) .�a- - . ��reatAm�m�cmmInom� mcmCommpmmv («=q') m=» (Witness) lie ith (Title) Attorney-in-Fmot Am DOCUMENT Ao`o'BID BOND'AmID-FEBRUARY1eroso'THE AmsmuAw ---------'— INSTITUTE op ARCHITECTS,/ronw.vAvs..ww.wws*/woromo.c.mouo Printed on Recycled Paper 9/93 °� GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No.0 18869 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power STEVE DEAL ALL OF ALL STACI GROSS WICHITA FALLS,TEXAS $75,000,000. JULIE SMITH This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 3RD day of JUNE 2009 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITCHIN(513-412-4602) On this 3RD day of JUNE 2009 before me personally appeared DAVID C.KITCHIN,to me known,being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008. RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional lice Presidents and Divisonal Assistant Vice Presidents,or any one of them,be and hereby is authorized from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof,•to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of*he Bor.rd of Directors of June 9,2008 have not been revoked and are now in full force and effect. Signet and sealed this 15th day of January 2010 . S1029Y(10/0a) Client#: 6940E 18HASENCON ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE( Mrc 2/03/2010 �)PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wortham Insurance&Risk Mgt ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1600 West Seventh Street HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth,TX 76102-2505 817 336-3030 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Republic Lloyds 1920E Hasen Construction Services INSURER B: Southern Insurance Company 19216 Hasen Design Build Development INSURER C: Texas Mutual Insurance Company 22945 2900 Photo Avenue INSURER D: Republic Underwriters Insurance 24538 Fort Worth,TX 76107 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSRE DATE IMM/DD/YYI DATE(MM/DD/YY) A GENERAL LIABILITY GL563898101 08/14/09 08/14/10 EACH OCCURRENCE $1,000,000 AMAGE TO REND X COMMERCIAL GENERAL LIABILITY PREM PREMISES Ea occurrence) $100,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $10,000 X PD Ded:1,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY jE-- LOC D AUTOMOBILE LIABILITY BAP563898201 08/14/09 08/14/10 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS/UMBRELLA LIABILITY UMB563898301 08/14/09 08/14/10 EACH OCCURRENCE $4,000,000 7 OCCUR n CLAIMS MADE AGGREGATE $4,000,000 _ $ DEDUCTIBLE $ X RETENTION $10000 $ C WORKERS COMPENSATION AND SBP0001164023 12/15/09 08/14/10 X TWC I IMIT OTH- EMPLOYERS'LIABILITY O RY I IMITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? YES E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Proprietors/Partners/Executive Officers/Members Excluded: David Hazenzahl, President Project: Founders Park,851 Hensley Ln.,Wylie,Tx.7509E (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SEE BELOW&PAGE 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Wylie DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN 2000 Hwy 78N NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Wylie,TX 7509E IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) 1 of 3 #5145490/M137537 1BSLM ® ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. CANCELLATION NOTICE The CANCELLATION NOTICE on the CERTIFICATE OF INSURANCE is amended to include the following wording:The Insurance Companies may cancel the described policy(ies)by mailing or delivering ten(10) days written notice of cancellation to the Named Insured for:(1)Non Payment of premium or(2)any other circumstance permitted by state law or policy conditions. ADDITIONAL INSURED DISCLAIMER Coverage for Additional Insureds can vary significantly from policy to policy and thus Additional Insured status does not guarantee protection for all losses.Coverage is subject to actual policy terms and conditions. ACORD 25-S(2001/08) 2 of 3 #5145490/M137537 Blanket additional insured coverage on the General Liability and Auto coverages is subject to a written contract between the Named Insured and certificate holder that requires such status. Blanket Waiver of subrogation will apply only to the extent provided by law per any contractual provision on the Workers •Compensation.Umbrella coverage follows form. 30 Day Notice of Cancellation except 10 Day Notice for Cancellation for Non Pay. AMS 25.3(2001/08) 3 of 3 #S145490/M137537 This page has been left blank intentionally. Prq f :.. 0404,-tio,#„„110),,,A, �,P;.yt �. * tit .".0, f., VDATE ,6k7 0 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER NE POLICY. PRODUCER /WIZ,.Eat}, 817 3 - 03 I COMPANY PANT Wortham Insurance&Risk Mgf Travelers Casualty and Surety Company 1600 West Seventh Street One Tower Square Fort Worth,TX 76102.2505 Hartford,CT 06183 CODE SUS CODEt AGENCY SST ID*: 44 INSURED LOAN NURSER POLICY NUMBER Hagen Construction Services 0T6604234L866 Hansen Design Build Development 8 EPPEd TTVE DATE— EXPIRATION DATE CONTINUED UNTIL 2501 Parkvlew Drive,Ste.400 05/30/09 05/30110 TERkrGINATEI.3 IF CHECKEI, Fort Worth,TX 76102 --- E �¢yy THIS REPLACES PRIOR EVIDENCE 6ATEFY. ...,. .. 1.. I�,., * 4_0 an.f...,g t t r S s } k .,k,. ay,t4 y .f g a y s t a„e �x T }:: t LOCATION/DESCRIPTION N xv" 3" , �,,,;� a, r �, ��a: .,.�, i" rd. Location#1 2900 Photo Avenue Fort Worth,TX 76107 � r•I I$ MA ...t..y t t t t 3 COVERAGEIPERIL nORMB AMOUNT OP INSURANCE DEDUCTIBLE Builders Risk Coverage Information Monthly Reporting Coverage Any One Job Site 13,700,000 2,500 Any One Job Site of Frame,By,Joisted Masonry Construction 1,000,000 2,500 Windstorm Deductible 2,500 BUILDERS RISK COVERAGE INFORMATION Open Reporting Coverage Any One Location: 3,700,000 Open Reporting Coverage Any One Location: 1,000,000 See Attached Coverage info „ r 30 Day Notice of Cancellation except 10 Day Notice for Cancellation for Non Pay. THE POLICY IS SUBJECT TO THE PREMIU iS, FORMS, AND RULES IN EFFECT FOR EACHPOLICY PERIOD, SHOULD THE POLICY BE TERMINATED,THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW DAYS WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT "�. INTER.EST,I ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW NAME AND ADDRESS MORTGAGEE ACI)mCNAL INSURED City of Wylie X LOSS PAyEE 2000 Hwy 78 N LOAN Wylie,TX 75098 AUTHORIZE!)REPRESENTATIVE Ofa*itI C ` 14 ��.� � 't AID 't J� FCfLB�fi{S AAS AMOUNT OF"n URAN C7 l a T3a' Dedudotible-Sasic&Windstorm ZSOO Form#:CMT001 Edition Date:07/01/86 7 7 POLICY NUMBER: BAP 5638982 01 COMMERCIAL AUTO CA 02 44 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: 02/03/2010 Named Insured: HASEN DESIGN BUILD DEVELOPMENT INC (Authorized Representative) SCHEDULE Number of Days Notice 3 0 Name Of Person Or Organization CITY OF WYLIE Address 2000 HWY 78 N Wylie, TX 75098 *EXCEPT 10 DAYS IN THE EVENT OF NON-PAYMENT OF PREMIUM If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule. CA 02 44 06 04 ©ISO Properties, Inc., 2003 Page 1 of I 0 POLICY NUMBER: BAP 5638982 01 COMMERCIAL AUTO CA 02 44 08 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: 02/03/2010 Named Insured: HASEN DESIGN BUILD DEVELOPMENT INC (Authorized Representative) SCHEDULE Number of Days Notice 30 Name Of Person Or Organization HALFF Address 1201 NORTH BOWSER DRIVE Richardson, TX 75081 *EXCEPT 10 DAYS IN THE EVENT OF NON-PAYMENT OF PREMIUM If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule. CA 02 44 06 04 ©ISO Properties, Inc., 2003 Page 1 of 1 0 POLICY NUMBER: BAP 5638982 01 COMMERCIAL AUTO CA 04 03 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unle-qs another date is indicated below. Endorsement Effective: Countersigned By: 02/03/2010 Named Insured: (Authorized Representative) HASEN DESIGN BUILD DEVELOPMENT INC SCHEDULE Name and Address of Additional Insured: HALFF 1201 NORTH BOWSER DRIVE Rictardson,TX 75081 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Who Is An Insured (Section II) is amended to C. You are authorized to act for the additional insured include as an "insured" the person(s) or organiza- named in the Schedule or Declarations in all mat- tion(s) shown in the Schedule, but only with re- ters pertaining to this insurance. spect to their legal liability for acts or omissions of D. We will mail the additional insured named in the a person for whom Liability Coverage is afforded under this policy. Schedule or Declarations notice of any cancella- B. The additional insured named in the Schedule or tion of this policy. If we cancel, we will give 10 days notice to the additional insured. Declarations is not required to pay for any premi- ums stated in the policy or earned from the policy. Any return premium and any dividend, if applica- Declarations will retain any right of recovery as a ble, declared by us shall be paid to you. claimant under this policy. CA 04 03 06 04 @ISO Properties, Inc., 2003 Page 7 of 7 ID POLICY NUMBER: BAP 5638982 01 COMMERCIAL AUTO CA 04 03 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: 02/C3/2010 Named Insured: (Authorized Representative) HASEN DESIGN BUILD DEVELOPMENT INC SCHEDULE Name and Address of Additional Insured: CITY OF WYLIE 2000 HWY 78 N Wylie,TX 75098 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Who Is An Insured (Section II) is amended to C. You are authorized to act for the additional insured include as an "insured" the person(s) or organiza- named in the Schedule or Declarations in all mat- tion(s) shown in the Schedule, but only with re- tars pertaining to this insurance. spect to their legal liability for acts or omissions of D. We will mail the additional insured named in the a person for whom Liability Coverage is afforded under this policy. Schedule or Declarations notice of any cancella- tion of this policy. If we cancel, we will give 10 days B. The additional insured named in the Schedule or notice to the additional insured. Declarations is not required to pay for any premi- ums stated in the policy or earned from the policy. E. The additional insured named in the Schedule or Declarations will retain any right of recovery as a Any return premium and any dividend, if applica- ble, declared by us shall be paid to you. claimant under this policy. CA 04 03 06 04 @ISO Properties, Inc., 2003 Page 6 of 7 0 POLICY NUMBER:GL 5638981 01 COMMERCIAL GENERAL LIABILITY CG02051204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part,we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: * SEE BELOW 2. Address: 3. Number of days advance notice: 30 ** Information required to complete this Schedule, if not shown above,will be shown in the Declarations. * ANY CERTIFICATE HOLDER WHO IS REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED TO BE ADDED AS AN ADDITIONAL INSURED TO THE NAMED INSURED'S GENERAL LIABILITY CERTIFICATES ARE ON FILE WITH YOUR AGENT. ** EXCEPT 10 DAYS IN THE EVENT OF CANCELLATION FOR NON PAYMENT OF PREMIUM CG 02 0512 04 ©ISO Properties, Inc., 2003 Page 1 of 1 ❑ POLICY NUMBER:GL 5638981 01 COMMERCIAL GENERAL LIABILITY CG 02 0512 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part,we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: HALFF 2. Address: 1201 NORTH BOWSER DRIVE RICHARDSON, TX 75081 3. Number of days advance notice: 30 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 02 05 12 04 ©ISO Properties, Inc., 2003 Page 1 of 1 0 POLICY NUMBER:GL 5638981 01 COMMERCIAL GENERAL LIABILITY CG 02 05 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part,we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: CITY OF WYLIE 2. Address: 2000 HWY 78N WYLIE, TX 75098 3. Number of days advance notice: 30 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 02 0512 04 ©ISO Properties, Inc., 2003 Page 1 of 1 ❑ POLICY NUMBER:GL 5638981 01 COMMERCIAL GENERAL LIABILITY CG02051204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: * SEE BELOW 2. Address: 3. Number of days advance notice: 30 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. * ANY CERTIFICATE HOLDER WHO IS REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED TO BE ADDED AS AN ADDITIONAL INSURED TO THE NAMED INSURED'S GENERAL LIABILITY CERTIFICATES ARE ON FILE WITH YOUR AGENT. ** EXCEPT 10 DAYS IN THE EVENT OF CANCELLATION FOR NON PAYMENT OF PREMIUM CG 02 05 12 04 C ISO Properties, Inc., 2003 Page 1 of 1 0 / � Republic �� General Liability n ��nU� x �� n Commercial General Liability ' Enhancement Endorsement This endorsement changes the policy. Please read kcarefully. This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Medical Pmynnwmtw 4' Non-Owned Watercraft Subject to the terms of Section III ' Limits of Exclusion g. oy Section | ' Coverages, Coverage |naunonce,the yNed)oo| Expense Limit isthe A Bodily Injury and Property Damage does not higher of: apply to any watercraft under 51 feet long that is neither: a. s10.D00; ur a. Owned by you; nor b. The amount shown |n the Declarations for Medical Expense Limit. b. Being used to carry persons or property for a charge. Under Section | ' Coverages, Coverage C' yWmdicm| Payments, paragraph 1.a. (3). This additional insurance is excess over any other subparagraph 2. ia amended 0m read aafollows valid and collectible insurance available tothe insured whether primary, excess, or contingent. (2) The expenses are incurred and reported tous within two years ofthe 6. Broad Notice ufOccurrence date ofaccident Paragraph 2a. oY Section |V' Commercial 2. Supplementary Payments Increased Limits General Liability Conditions isdeleted and replaced by the following: Paragraph I of Section I- Covmnagoo. Supplementary Payments- Coverages A and 8 is m. You must see to iL that we are notified as soon amended asfollows: aa practicable o/an"occurrence''oron offense which may result in a claim. b. Uptu $25O0 for the cost of bail bonds Knowledge of an^oucunance^oranoffense required because of accidents or traffic law by your"amployees''shall not, initself, violations arising out of the use u[any vehicle constitute knowledge tu you unless your to which the Bodily Injury Liability Coverage partners, "executive officers^. directors, applies. VVedo not have 10 furnish these insurance manager or risk manager shall bonds. have actually received notice. To the extent pnssib|e, notice should include: 3. Additional Insured by Contract,Agreement or Permit (1) How, when and where the''ocuurnmnmn''or offense took place; Section || ' Who is an Insured, is amended to include asan insured any person ororganization (2) The names and addresses ofany you are required bya written contract, insured persons and witnesses; and agreement, orpermit to name msan insured, but only with respect to"bodily injury" or"property (3) The nature and location of any injury or damage"arising out of such personnr damage arising out of the ^000unanno^o, orgmniamUon's vicarious liability for your negligent offense. acts or omissions committed in the Course okyour ongoing operadona performed for such person or The following is added Uo Paragraph 3 of Section organization, and excluding any negligent acts or |V' Commercial General Liability Conditions: omissions uf such person ororganization. e. |f you fail to give uo notice ofan "oocunmnce^. This insurance does not apply to such person or offense, claim or''aud". solely due toyour organization unless the contract, agreement or reasonable and documented belief that the permit|n made prior to when the "bodily injury"or ''pnopeMy damage"occurs. CaRoomnsm Contains Copyrighted MaterialvAmPermission, Page`ofx Insurance services Office ' � ' "bodily injury" or"property damage" is not premises in connection with the saleof covered under this policy, we will not deny the product (this exception does not coverage under this policy solely because of apply to the extent that subparagraph such failure. g. is applicable); or 6. Unintentional Failure to 0hwcloma Hazards 7. Products which, after distribution or sale by you, have been labeled c* The following ia added to Paragraph 6 of Section relabeled or used as container, port |V- Commercial General Liability Conditions: ur ingredient ofanyctherthingor substance byor for the'\/ondor". If you should unintentionallyhai|to disclose all existing hazards ot the inception date oythis b. This provision, Additional Insured' policy, wm will not deny coverage under this Blanket Ve d does not applytm any policy solely because of such failure person or organizationfrom whom you have acquired any products, including any 7. Additional Insured^B|ankat Vendors ingredien1, part mrcontainer entering into, accompanying or containing "your Section || ' Who isan Insured is amended to pnmduots^ include eoun insured any person or organization (''venclor')with whom you agreed under owritten o. This provision, Additional Insured' contract or written agreement&o provide Blanket does not apply to any"vendor' insunance, but only with respect to"bodily injury" included as an insured by an endorsement or"property damage"arising otof"your issued byus and made m part ofthis products"which are distributed or sold in the policy. regular course of the'vendo/s°business, subject to the following additional exclusions: d. This provision, Additional Insured^ Blanket does not apply if"bodily injury" or a. The insurance afforded the^vandor"does "property dincluded^ w�hi the � not apply "products-completed opera¢iunohezard^is otherwise excluded under the policy, 1. "Bodily injury" or"property damage"for including this or any other endorsement. which the "vendoe'is obligated to pay damages by reason pf the assumption 8' Fire, Lightning, Explosion and Sprinkler of liability ino contract oragreement. Leakage This exclusion does not apply to liability for damages that the"vendor" |f Damages Uz Premises Rented kn You under would have in the absence nfthe Section | ' Coverages, Coverage A Bodily Injury contract uragreement; and Property Oamm is not otherwise excluded under the policy, inc?uding this o,any other 2. Any express warranty unauthorized by endorsement, the following applies: you; o. The last subparagraph of paragraph2 3. Any physical or chemicalchange in Exclusions of Section | ' CoxenmQes, the product made intentionally bythe Coverage A Bodily Property 'vendor'; Damage io amended 1oread: 4. Repackaging, unless unpacked solely Exclusions c. through n. do not applyto for the purpose of inspection, damage by fire, lightning, explosion or demonstration, testing or the sprinkler leakage to premises while rented substitution of parts under instruction to you or temporarily occupied by you with from the manufacturer, and then the permission of the owner. A separate repackaged in the original container; limit of insurance applies to this coverage as described in Section III - Limits of S. Any failure to make such inspection, Insurance. adjustments, tests or servicing eathe 'vendor'has agreed to make or b. Paragraph 0. Of Section ||| - Limits of normally undertakes bm make inthe Insurance is amended toread: usual course ufbusiness in connection with the sale ofthe product; 8. Subject to5. above, the Damages to Premises Rented to You Limit is G. Demonstration, installation, servicing the most vxevNih pay under or repair operations, except such Coverage A for damages because operations performed at the"vandoes" of"property you or temporarily conozooam - Contains CopyrightedMaterial with Permission, Page 2mo — Insurance Services Office � occupied by you with permission of the u. Coverage under this provision is afforded owner, arising out of damage"to only until the 180"'day after you acquire premises, while rented to any one fire, or form the organization or the end of the lightning, explosion or sprinkler leakage policy period, whichever is earlier; b. Coverage A does not apply to"bodily Subject to all the terms ofSection U| ' injury" or"property damage" Limits of Insurance, the Damages bo occurred before you acquired orformed Premises Rented to You Limit hsthe the organization; and greater of: u. Coverage B does not apply to"personal n.$2GO.0O0; ur and advertising out pfan offense committed before you acquired b.The amount shown inthe or formed the organization. Declarations for Damages to Premises Rented to You Limit. 11. Blanket Waiver ofSmbrbgathmn C. Paragraph 4.b.1.b. of Section IV- Section |V' Commercial General Liability Commercial General Liability Conditions io Conditions, Item 8. ia replaced with: amended toread 3. Transfer of Rights of Recovery Against Others (b)That is Fire, Lightning, Explosion, Sprinkler toUo and Blanket Waiver ofSubrogation Leakage ur any similar insurance coverage for premises rented Cm you ortemporarily a. |f the insured has rights to recover all or occupied by you with permission mfthe part ofmn twehavamnode owner, or under this Coverage Part, those rights are transferred to us. The insured must 9. Extended Property Damage do nothing after loss to impair those rights. A1 cur request, the insured will Exclusion 2.a. of Section | -Coverages, bring ^ouit^or transfer those rights touu Coverage A Bodily Injury andProperty Damage and help um enforce them. is msp|aomd by the following: b. |f required bya written"insured contract" a. "Bodily i "property damage"expected signed prior bnan occurrence nroffense, ur intended from the standpoint ofth insured, we waive n right or recovery we may This exclusion does not apply&o"bodily injury" have against any person ormrQon4abun or"property damage" resulting from the use of because of payments we makefor reasonable force to protect persons or "bodily injwry". "property damage'or property. "personal and advertising injury"arising our of your operations or work for that 10. Newly Formed or Acquired Organizations person nrorganization. Paragraph 4. of Section || ' Who is an Insured, is replaced by the following: 4. Any organization you newly acquire or form, other than o partnership,joint venture o, limited liability company, and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However: coemoem Contains Copyrighted MaterialwmoPermission, Page aofo Texasmutuar WORKERLSIA'BCIOLIMPEINNsSuATIONNcAENpDoEuMcPyLOYERS Insurance Company WC 99 03 01 GENERAL CHANGE ENDORSEMENT The policy to which this endorsement is attached is amended as shown below: Added WC420601 (Texas Material Change Endorsement) in favor of: CITY OF WYL I E HAL FF [ . eiv r, R FEB 1 6 2010 FORT WORTH,TEXAS This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on February 3 , 2010 at 12:01 A.M.standard time,forms a part of Policy No, SBP-0001164023 20091215 ofthe Texas Mutual Insurance Company Issued to HASEN CONSTRUCTION SERVICES DBA: DESIGN BUILD & DEVELOPMENT Endorsement No. 3 Premium$ 0.00 *./// /IF .., .., Authorized Representative WC990301(ED.1-94) AGENT'S COPY AXMEDINA 2-10-2010 WORKERS' COMPENSATION AND exasA if T ® EMPLOYERS LIABILITY INSURANCE POLICY iviut InsuranceCompany ENDORSEMENT SCHEDULE EXTENSION OF INFORMATION PAGE PAGE 2 NAME AND ADDRESS OF INSURED POLICY NUMBER HASEN CONSTRUCTION SERVICES SBP-0001164023 20091215 DBA: DESIGN BUILD & DEVELOPMENT 2900 PHOTO AVE ISSUE DATE FORT, WORTH, TX 76107-5708 2-10-2010 ITEM 3D ** ENDORSEMENT SCHEDULE ** EDITION STATE NUMBER DESCRIPTION DATE 42 TM—LRC-2008 LIMITED REIMBURSEMENT COVERAGE 1-01-2008 42 PC-2003 POLICY CONDITIONS ENDORSEMENT 3-25-2003 42 TM-MV-2001 MUTUAL ENDORSEMENT FORM 8-20-2001 ' 42 TM-TRIPRA-2008 TERRORISM RISK INSURANCE PROG 1-01-2008 42 TM—TPE-2008 TERRORISM PREMIUM ENDORSEMENT 1-01-2008 42 WC00 00.00A WORKERS COMPENSATION AND EMPLO 11-04-1995 42 WC00 00 01 WORKERS COMP/EMPLOYERS LIAB 1-01-1994 42 WC00 04 06 PREMIUM DISCOUNT 1-01-1994 42 WC42 03 .01F TEXAS AMENDATORY 1-01-2000 42 WC42 03 08 PARTNERS/OFFICERS/OTHERS EXCL 1-01-1997 42 WC42 04 07 AUDIT PREMIUM ENDORSEMENT 3-23-2002 42 WC42 04 08 NETWORK DISCOUNT 1-02-2003 42 WC42 06 01 TX NOTICE OF MATERIAL CHAN 1-01-1994 42 WC42 06 01 TX NOTICE OF MATERIAL CHANGE 1-01-1994 42 WC42 06 01 TX NOTICE OF MATERIAL CHAN 1-01-1994 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on February 3, 2010 at 12:01 A.M.standard time,forms a part of Policy No. SBP-0001164023 20091215 of the Texas Mutual Insurance Company Issued to HASEN CONSTRUCTION SERVICES DBA: DESIGN BUILD & DEVELOPMENT Endorsement No. 3 ** Premium$ 0.00 /,,/ ** �C 4"'�t..— *.. Authorized Representative WC000001 (ED.1-94) AGENT'S COPY AXMED I NA 2-10-2010 WORKERS' COMPENSATION AND eAtSMut ® EMPLOYERS LIABILITY INSURANCE POLICY Insurance any ENDORSEMENT SCHEDULE EXTENSION OF INFORMATION PAGE PAGE 3 NAME AND ADDRESS OF INSURED POLICY NUMBER HASEN CONSTRUCTION SERVICES SBP-0001164023 20091215 DBA: DESIGN BUILD & DEVELOPMENT 2900 PHOTO AVE ISSUE DATE FORT WORTH, TX 76107-5708 2-10-2010 ITEM 3D •' ENDORSEMENT SCHEDULE " EDITION STATE NUMBER DESCRIPTION DATE 42 WC42 03 04A TX WAIVER OF RIGHT TO RECOVER 1-01-2000 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on February 3 , 2010 at 12:01 A.M.standard time,forms a part of Policy No. SBP-0001164023 20091215 of the Texas Mutual Insurance Company Issued to HASEN CONSTRUCTION SERVICES DBA: DESIGN BUILD & DEVELOPMENT Endorsement No. 3 ** Premium$ 0.00 &40.1r ** ** Authorized Representative WC000001 (ED.1-94) AGENT'S COPY AXMED I NA 2-10-2010 ® WORKERSLIABILITY' COMPENSATIONINSURANCE ANDPOLICY EMPLOYERS exasiiIuuu Insurance Company WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: CITY OF WYLIE 2000 HWY 78N WYLIE , TX 75098 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on February 3 , 2 010 at 12:01 A.M.standard time,forms a part of Policy No. SBP-0001164023 20091215 of the Texas Mutual Insurance Company Issued to HASEN CONSTRUCTION SERVICES DBA: DESIGN BUILD & DEVELOPMENT Endorsement No. 3 Premium$ 0.00 /ir. #* ** Authorized Representative ** WC420601(ED.1-94) AGENT'S COPY AXMEDINA 2-10-2010 TexzMutuar WORKERS' C0MPENSAT0N AND EMPLOYERS LIABILITY INSURANCE POLICY TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other mo1ehu| change of the po|icy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. | This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will bo mailed to: MALFF 1201 NORTH BOWSER R|CHAnDSON' TX 75081 — ` ----' — - --- - ----- - ---- -- ---- - - --This - rois endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need urcompleted only when this endorsement is issued subsequent m preparation of the ponq') This endorsement,effective on February o . 2010 at 1u:o1A.w.standard time,forms a part m PoliuyNo. SBP-0001164023 20091215 oY the Texas Mutual Insurance Company Issued to *xosm comoTPuoT|oN mERv|cEs Endorsement No. 3 DBA: DESIGN BUILD & DEVELOPMENT Premium$ 0.00 Authorized Representative vvo420601(em.1-94) AGENT'S COPY AXMED|NA 2-10-2010 ® WORKERSLIABILITY' COMPENSATIONINSURANCE ANDPOLICYEMPLOYERS eXasivIuull Insurance Company WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on at 12:01 A.M.standard time,forms a part of Policy No. SBP-0001 164023 20091215 of the Texas Mutual Insurance Company Issued to HASEN CONSTRUCTION SERVICES Endorsement No. DBA: DESIGN BUILD & DEVELOPMENT /i/Premium$ � Y /451P Authorized Representative WC420304A(ED.1-01-2000) INSURED'S COPY NXGOMEZ 12-03-2009 CONTRACTOR: HASEN CONSTRUCTION SERVICES A. CLIENT: Huitt Zollar CONTACT PERSON: Dustin Chappell PROJECT: Rodeo Plaza PROJECT TYPE: Streetscape/plaza Were they 1. Cooperative regarding change issues?Yes 2. Reasonable when change costs were encountered?No—this was related to disagreements with subcontractors rather than Hasen themselves 3. On schedule?Yes 4. Good managers of their own personnel? Acceptable 5. Good managers of their sub-contractors? Yes,but subcontractors presented problems on the project 6. Good recorders of daily events and meetings (daily log; meeting minutes etc.)? Yes 7. Good managers of record—drawings?Yes 8. Prudent and complete when punch lists were prepared?Yes 9. Prudent and complete about close-out documents?N/A—handled internally by the City of Fort Worth 10. Responsive to correspondence and communication? Yes Did they 11. Finish within budget? Yes 12. Initiate any change orders? Yes 13. Protect completed work? Not great,some issues occurred 14. Manage plant procurements properly?Yes 15. Follow the intent of the planting scheme?Yes 16. Avoid substitutions of plants material? Yes 17. Respond to warranty problems?Yes 18. Maintain plants during warranty period?N/A—handled by the City of Fort Worth 19. Did they pay their subcontractors?Yes 20. Did they default on any liens with contractors?Yes Misc..... 21. Would you use them again? Yes,on smaller projects,but not large ones 22. Did/do you have a good working relationship with them? Yes 23. If you worked with them again, would you do anything differently?Yes,the client indicated they would pre-qualify subcontractors B. CLIENT: City of Dallas (214-948-4573) CONTACT PERSON: Eva Geogi PROJECT: Water treatment facility PROJECT TYPE: Water treatment facility Were they 1. Cooperative regarding change issues?Yes 2. Reasonable when change costs were encountered?Yes 3. On schedule? Yes 4. Good managers of their own personnel?Yes 5. Good managers of their sub-contractors?Yes 6. Good recorders of daily events and meetings (daily log; meeting minutes etc.)? N/A—handled by internally by City of Dallas 7. Good managers of record—drawings? Yes 8. Prudent and complete when punch lists were prepared? Yes 9. Prudent and complete about close-out documents?Yes 10. Responsive to correspondence and communication? Yes Did they 11. Finish within budget?Yes 12. Initiate any change orders? Yes 13. Protect completed work? Yes 14. Manage plant procurements properly? Yes 15. Follow the intent of the planting scheme?Yes 16. Avoid substitutions of plants material? No—some changes were made due to availability 17. Respond to warranty problems? No warranty issues occurred 18. Maintain plants during warranty period? Yes 19. Did they pay their subcontractors? There were delays due to the City of Dallas 20. Did they default on any liens with contractors? No Misc 21. Would you use them again? Yes 22. Did/do you have a good working relationship with them? Yes 23. If you worked with them again, would you do anything differently? No C. CLIENT: Landmark Fabrications (817-439-8888 CONTACT PERSON: Mike Lamon PROJECT: Landmark Fabrication Facility PROJECT TYPE: Industrial complex Halff associates was unable to speak directly with this client, but did receive a voicemail indicating they spoke highly of Hasen Construction Services, describing how they had taken over a failing project from another contractor and successfully completed the work, finishing within budget and on time. The client went on to say they highly recommend Hasen and would use them again. Were they 1. Cooperative regarding change issues? 2. Reasonable when change costs were encountered? 3. On schedule? 4. Good managers of their own personnel? 5. Good managers of their sub-contractors? 6. Good recorders of daily events and meetings (daily log; meeting minutes etc.)? 7. Good managers of record—drawings? 8. Prudent and complete when punch lists were prepared? 9. Prudent and complete about close-out documents? 10. Responsive to correspondence and communication? Did they 11. Finish within budget? 12.Initiate any change orders? 13. Protect completed work? 14. Manage plant procurements properly? 15. Follow the intent of the planting scheme? 16. Avoid substitutions of plants material? 17. Respond to warranty problems? 18. Maintain plants during warranty period? 19. Did they pay their subcontractors? 20. Did they default on any liens with contractors? Misc 21. Would you use them again? 22. Did/do you have a good working relationship with them? 23. If you worked with them again, would you do anything differently? D. CLIENT: City of Dallas - Parks & Recreation Dept. (214-670-3206) CONTACT PERSON: Kenneth Pyland PROJECT: Kleberg Rylie Recreation Center PROJECT TYPE: Recreation Center It should be noted that the client in this case, Kenneth Pyland, took over the management of the project near the end of construction and can only attest to the final stages of construction and close out of the project. However, he did mention that his predecessor spoke highly of Hasen Construction, describing them as knowledgeable, business-like and committed to getting the job done right. The answers below indicate Kenneth's personal knowledge of the project. Were they 1. Cooperative regarding change issues? N/A 2. Reasonable when change costs were encountered? N/A 3. On schedule? Yes 4. Good managers of their own personnel? N/A 5. Good managers of their sub-contractors? N/A 6. Good recorders of daily events and meetings (daily log; meeting minutes etc.)? N/A 7. Good managers of record—drawings? Yes 8. Prudent and complete when punch lists were prepared?Yes 9. Prudent and complete about close-out documents?Yes 10. Responsive to correspondence and communication?Yes Did they 11. Finish within budget?Yes 12. Initiate any change orders? N/A 13.Protect completed work?N/A 14. Manage plant procurements properly?N/A 15. Follow the intent of the planting scheme?N/A 16. Avoid substitutions of plants material? N/A 17. Respond to warranty problems? There were no warranty issues 18. Maintain plants during warranty period? Yes 19. Did they pay their subcontractors?Yes 20. Did they default on any liens with contractors? No Misc 21. Would you use them again?Yes 22. Did/do you have a good working relationship with them?Yes 23. If you worked with them again, would you do anything differently? No Wylie City Council C I T Y OF"WY-tiE AGENDA REPORT ___ V__ Meeting Date: March 9, 2010 Item Number: 8 Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: 443-5443-58150 Date Prepared: February 5, 2010 Budgeted Amount: $5,169,191.65 Exhibits: Contract Documents Subject Consider, and act upon, award of a Construction Contract, in the amount of $556,757.00, to Musco Sports Lighting, LLC for the installation of sports lighting as part of the Founders Park Improvements Project. Recommendation Motion to award a Construction Contract, in the amount of$556,757.00, to Musco Sports Lighting, LLC for the installation of sports lighting as part of the Founders Park Improvements Project. Discussion As part of the improvements to Founders Park, athletic field lighting for soccer, baseball/softball, volleyball, and basketball will be installed. The sports lighting components are provided by Musco Sports Lighting, LLC, an industry leader in this type of equipment. All equipment including installation costs are available through Buy Board, and therefore they have already been subject to the competitive bidding process. The City already has existing Musco sports lighting at the developed part of Founders Park, and it has proven to be extremely reliable and trouble free for the past ten years. The proposed equipment is from Musco's line of Green GenerationTM Sports Lighting which has many desirable features including: Twenty-five year warranty on all lamps, ballasts, fuses, and light levels A group relamp is performed at no cost at 5,000 hours or at 25 years Reduced spill lighting by 50% Lower operating cost Factory wired, aimed and tested Corrosion control Digital cell communication for remote controlling and programming of light operation and scheduling Musco is a business based in Iowa for 30 years, and their lighting components are used extensively on a wide range of sports venues throughout the world including the Olympics, Daytona International Speedway, Disney, USTA Tennis, US Soccer Foundation, Little League Baseball and Softball, etc. Page I of 2 Page 2 of 2 Musco provides their own contractor to install the equipment, and they will coordinate with the project's General Contractor on scheduling and sequencing of the work. The City Attorney has reviewed the contract documents, and the vendor agrees to all terms and conditions. Approved By Initial Date Department Director MS February 5, 2010 City Manager frk 2 ,µ ';11 Texas Buy Board Dallas Area Projects 2007-2009 Partial List Area Projects City of Terrell City of Tyler Ben Gill Park Faulkner Park Softball Baseball Mineral Wells ISD City of Grapevine Baseball Oak Grove Park Softball#3 Soccer City of Mansfield Track Phillip Thompson Soccer City of Frisco City of Decatur Shawnee Trail Sports Complex Decatur High School Warren Soccer Fields Baseball Joshua ISD Football Football Tennis Track City of Forney City of Hurst Mulberry Park Tennis Center City of Carrollton Tennis Mclnnish Park Josey Park Jimmy Porter Park RE Good Park City of Southlake Dragon Stadium Prosper ISD Bearden Park 'Pa as i,st,na AGREEMENT FOR NEW LIGHTING AT FOUNDERS PARK PHASE 2 This Agreement (the "Agreement") is made and entered into this the day of , 2010, by the City of Wylie, Texas (hereinafter called the "City"), a Texas municipal corporation, and Musco Sports Lighting, LLC, an Iowa Limited Liability Company (hereinafter called the"Contractor"). WITNESSETH: WHEREAS,the City desires to install new lighting for Founders Park Phase 2; and WHEREAS, Contractor specializesin the installation of sports complex lighting, using the Light Structure Green System; and WHEREAS, pursuant to § 791.001, et seq., Texas Government Code, the City located Contractor through an interlocal cooperation contract, and is therefore not required to submit to the competitive bidding requirements; and WHEREAS, City has determined that it is in the best interest of the public to hire Contractor to install the lighting and provide the services described herein. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1. Scope of Services. The Contractor shall install lights, using the Light Structure Green System at Founders Park (the"Project") upon the terms and conditions set forth in the Agreement Documents (as defined below) and shall furnish all personnel, labor, equipment, supplies and all other items necessary to provide the work as specified by the terms and conditions of the Agreement Documents. 2. Term. Performance of the Project shall commence upon the execution of this Agreement. The Project shall be fully operational within three hundred sixty five (365) days of commencement of the Project,as solely determined by the City. 3. Contract Price. In exchange for those services described in the Agreement Documents,the City agrees to pay Five Hundred Fifty Six Thousand Seven Hundred Fifty Seven and 00/100 ($556,757.00), which includes the cost of Alternates #1 and #2 identified in the Texas Buy Board Quote, attached hereto as Exhibit "A," and incorporated herein for all purposes, and the payment and performance bonds. The Contractor shall invoice City after the Project is completed and the lights are installed and fully operational. The City shall pay the Contractor the full invoiced amount within thirty (30) days after receiving the invoice. Late payments will be subject to service charges of 1 ''/z% per month (18% APR). AGREEMENT FOR NEW LIGHTING AT FOUNDERS PARK Page 1 566241.vl 4, Agreement Documents. The "Agreement Documents", as that term is used herein, shall include the following documents, and this Agreement does hereby expressly incorporate same herein as fully as if set forth verbatim in the Agreement: A. This Agreement; and B. The Buy Board Quote attached hereto as Exhibit"A." C. The Scope of Work attached hereto as Exhibit"B." This Agreement shall incorporate the terms of Exhibit "A" in its entirety. To the extent that Exhibit "A" is in conflict with provisions of this Agreement, the provisions of this Agreement shall prevail over the provisions of Exhibit"A," and the provisions of Exhibit "A"shall prevail over the provisions of Exhibit"B." 5. Performance and Payment Bond, At the time of execution of this Agreement, City shall require Contractor to execute and deliver to the City the following: a. A payment bond equal to the total cost of the Project,with a reputable and solvent corporate surety, in favor of City, to indemnify City against any claims for nonpayment of any part of the construction work performed in connection with the Project. b. A performance bond in an amount equal to the total cost of the Project, with a reputable and solvent corporate surety, in favor of the City, to guaranty construction and completion of the Project. 6. Entire Agreement. The Agreement Documents contain the entire agreement of the parties with respect to the matters contained herein. All provisions of the Agreement Documents shall be strictly complied with and conformed to by the Contractor, and no amendment to the Agreement Documents shall be made except upon the written agreement of the parties, which shall not be construed to release either party from any obligation of the Agreement Documents except as specifically provided for in such amendment. 6. Insurance, The Contractor shall procure and keep in full force and effect throughout the term of this Agreement all insurance policies with those coverage amounts deemed necessary by the City. Contractor shall present the City with a copy of their Certificate of Insurance, which shall name the City as an additional insured party. Certificates of Insurance shall be provided to the City in the following amounts: General Liability: $1,000,000.00 injury/property damage per occurrence, $2,000,000.00 General Aggregate Commercial Auto: $1,000,000.00 injury/property damage per occurrence, $2,000,000.00 General Aggregate Workers Compensation: Statutory Limits li AGREEMENT FOR NEW LIGHTING AT FOUNDERS.PARK Page 2 566241.v I 7. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 8. Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR,ITS OFFICERS, DIRECTORS, PARTNERS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES AND/OR TRUSTEES (COLLECTIVELY REF ERRED TO AS "CONTRACTOR"F OR PUR POSES O F T HIS SECTION), AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY AND ITS OFFICERS, COUNCIL MEMBERS, REPRESENTATIVES, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO AS "CITY" FOR PURPOSES OF THIS SECTION) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, INJURIES (INCLUDING DEATH) LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COSTS OF DEFENSE) ARISING DIRECTLY OR INDIRECTLY OUT OF THE OPERATION OR PERFORMANCE OF CONTRACTOR UNDER THIS AGREEMENT. THE CITY WILL NOT ACCEPT LIABILITY FOR INJURIES THAT ARE THE RESULT OF THE NEGLIGENCE, MALFEASANCE, ACTION OR OMISSION OF CONTRACTOR. CONTRACTOR AGREES TO ACCEPT LIABILITY FOR INJURIES TO ITSELF OR OTHERS CAUSED BY ITS OWN NEGLIGENCE, MALFEASANCE, ACTION OR OMISSION. THIS INDEMNIFICATION PROVISION 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 CONTRACTOR AND ITS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH THE CONTRACTOR, 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. IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY OWNER IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY C ITY, 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 CITY'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF CITY'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS ! '' AGREEMENT. OWNER SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL AGREEMENT FOR NEW LIGHTING AT FOUNDERS PARK Page 3 566241.v I WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITI'LN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF OWNER FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD,CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND OWNER SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 9 Venue. This Agreement shall be construed under and in accordance with the laws of the State of Texas and venue shall be in Collin County, Texas. 10, Binding Effect. This Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Agreement. 11. Ordinances, Except as specifically provided in the Agreement Documents, the parties agree that contractor shall be subject to all Ordinances of the City, whether now existing or in the future arising. 12. 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. 13. Assignment, This Agreement may not be assigned without the written agreement of both parties, 14. Sovereign Immunity. The parties agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 15. Notice. Any notice provided or permitted to be given 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 notification, the addresses of the parties shall be as follows: AGREEMENT FOR NEW LIGHTING AT FOUNDERS PARK Page 4 566241.v 1 If to Contractor,to: Musco Sports Lighting, LLC Attn: Ji`k ibb 15+ Ave,Cue- we)gal- Obik 1av5a, 'TA 5?5'1 1 If to City,to: City of Wylie Attn: City Manager 2000 Highway 78 North Wylie,Texas 75098 16. 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. 17. 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 legal counsel. 18. 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. 19.Default and Remedies. If any party fails to perform any of its obligations under the Contract Documents, such failure shall constitute a default. The nondefaulting party shall give the defaulting party written notice of the default. The defaulting party shall have ten (10) business days after the receipt of such notice in which to cure the default. Failure to cure the default shall constitute a breach of this Agreement. In the event of a breach, the non-breaching party may terminate this Agreement and may obtain any reasonable remedy provided by law. 20. Conflict of Interest. Contractor agrees to execute the Conflict of Interest Questionnaire attached hereto as Exhibit"C." AGREEMENT FOR NEW LIGHTING AT FOUNDERS PARK Page 5 566241.v1 IN WITNESS,WHEREOF,we,the contracting parties,by our duly authorized agents,hereto affix our signatures and seals on this the day of ,2010. CITY OF WYLIE,TEXAS a Texas municipality By: Mindy Manson,City Manager ATTEST: APPROVED AS TO FORM: Carole Ehrlich,City Secretary ABERNATHY OEDER OYD&JOPLIN,P.C. Courtney A. Kuykendall,City Attorney Masco Sports Lighting,LLC By: Print ame: ahmv, il,{, (e�©�,ySG�•,J i Title: t 1 AGREEMENT FOR NEW LIGHTING AT FOUNDERS PARK Page 6 566241.v1 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Mindy #!# Manson, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for the City of Wylie, Texas and he executed said instrument for the purposes and consideration therein expressed, GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,2010. Notary Public in and for the State of Texas My Commission Expires: �154 STATE OF T-E211:746 § :I COUNTY OF 111C4 I{A.§ BEFORE ME, the undersigned authority, on this day personally appeared 0Qr►-1f3 D . kb 4 e,.J known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for Musco Lighting and he/she executed said instrument for the purposes and • consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /2 day of r�� , 2010. MELlNOA K. WAITER Notary Public in and for the State ofr F xat Nolcrlal � '1oi"1O My Commission Expires: 46341 I D Commission17le My Commission EKplros _5 l • AGREEMENT FOR NEW LIGHTING AT FOUNDERS PARK Page 7 566241.v1 Exhibit"A" • 1 AGREEMENT FOR NEW LIGHTING AT FOUNDERS PARK Page 8 56624 I.v1 • ��fy �� ", n hv .f, `A,, ,• ' .N^ tg��t?$ dy� ,� '�,' fiS t t�s �1• �.. s M� "�4 S(yj� n r „1�' t to st s v{ �r r � r•ivet Founders Park Phase 2 Wylie, TX Date: January 13, 2010 Texas Buy Board Quote Buy Board Category: ParklRec & Field Lighting #269.07 Musco's Buy Board Vendor#528 Quotation Price-Materials and Pole In Air installation Musco's Light Structure GreenTM as described below and delivered to the Job site: Base bid' $531,828 Baseball 1, Baseball 2, Soccer 1,2,3,4,6(22 poles, 171 fixtures) Add Alternate#1.................. $12,635 Volleyball(1 pole,4 fixtures) Add Alternate#2 $7,321 Basketball(4 fixtures) If bonding is required,add $5,073, Total amount with Add Alternate#1 and#2 taken including bonding $656,767 Equipment Description Light Structure GreenTM System delivered to your site In Flve Easy PlecesTM • Pre-cast concrete bases • Galvanized steel poles • UL Listed remote electrical component enclosures • Pole length wire harness • Factory-aimed and assembled luminaires Also includes: • Energy savings of more than 50%over a standard lighting system • 50%less spill and glare light than Musco's prior industry leading technology • Musco Constant 25TM warranty and maintenance program that eliminates 100%of your maintenance costs for 25 years, Including labor and materials • Guaranteed constant light level for 25 years, +/-10%per IESNA RP-06-01 Baseball-60 footcandles Infield and 30 footcandies outfield o Soccer-30 footcandies • Add Altemate(s) • Volleyball-30 footcandies • Basketball-30 footcandies • 1 group re-lamp at the end of the lamps' rated life, 5000 hours For 1500W playing field fixtures • 2 group re-lamp at the end of the lamps'rated life, 20,000 hours for 400W security fixtures • Control Links Control& Monitoring System for flexible control and solid management of your lighting system • Lighting Contactors sized for 480 voltage 1 phase Payment Terms Net 30 days from invoice date Late payment will be subject to service charges of 11/2% per month(18%APR), Musco will attempt to coordinate shipment so that delivery corresponds with the customer's payment schedule, We will expect payment within the terms described above unless there Is a written statement from Musco's corporate headquarters stating the acceptance of different terms • Delivery to the Job site from the time of order,submittal approval,and confirmation of order details including voltage and phase,pole locations Is approximately 30-46 days.Due to the built-In custom light control per luminaire, pole locations need to be confirmed prior to production.Changes to pole locations after the product is sent to production could result In additional charges. Notes Quote is based on: • Shipment of entire project together to one location • Field sizes as per design file#126369R6 • 480 Volt, 1 Phase electrical system requirement l • Structural code and wind speed=2003 IBC,90 MPH exposure C. • Confirmation of pole locations prior to production • Standard soils at all pole locations Thank you for considering Musco for your sports-lighting needs. Please contact me with any questions, I j Chris Johnson Field Sales Musco Sports Lighting, LLC • Phone: 214-733-2927 E-mail: chris.jahnson@musco,cam • Fax: 888-930-6190 Exhibit"B" • • 1 ! • • 4 i AGREEMENT FOR NEW LIGHTING AT FOUNDERS PARK Page 9 566241.v1 , • PIA SCOPE OF WORK Date: January 12,2010 Project: Founder Park Ph2 Project#: 126369 • Owner Responsibilities: 1. Complete access to the site for construction utilizing 2 wheel drive rubber tired equipment. 2. Locate existing underground utilities and irrigation systems. 3. Extra costs associated with foundation excavation in non-standard soils(rock, caliche, high water table,collapsing holes,etc.). Standard soils are defined as soils that can be excavated using standard earth auguring equipment, • 4. Electrical design& installation. 5, Provide equipment and materials to install(6)new Lighting Contactor Cabinet and terminate all necessary wiring. Contactor cabinets will be delivered with poles and fixtures. 6. Contractor will commission Control Link by contacting Control Link Central at(877-347-3319)and going through the following steps; 7. Check all Zones to make sure they work in both auto and manual mode. 8, 1 hour comprehensive burn of all lights on each zone. 9. Set base line for the DAS (Diagnostic Acquisition System) Musco Responsibilities: 1, Provide required poles,fixtures, and foundations. 2. Provide layout of pole locations and aiming diagram. : 3. Provide Project Management assistance as needed. 4. Musco shall provide Performance and Payment Bonds in an amount equal to the total amount of'bid, (Only if Required) Musco Subcontractor Responsibilities: 1, Provide equipment and materials to off load equipment at jobsite per scheduled delivery. Lighting Contactor Cabinets will need to be given to on-site electrical contractor. 2. Provide storage containers for equipment as needed and dumpsters for disposal of all packing cardboard and debris. • 3. Provide adequate security to protect Musco delivered products from theft,vandalism or damage during the installation. 4. Provide labor and materials to layout new pole locations per Musco drawings. 5. Confirm the existing underground utilities and Irrigation systems have been located and are clearly marked so as to avoid damage from construction equipment. Repair any such damage during construction. 6. Provide materials and equipment to install(22)LSS foundations as specified on Layout. 7. Provide and install ground rods(one per pole location)for lightning protection perNFPA 780 Code and local building codes. Poles 70'or shorter should use a#2 copper conductor to the ground rod. Poles 80' and above require 2/0 ground wire. Ground rods must be installed in soil, not in the concrete backfill, • 8, Remove spoils to owner designated location at Jobsite, 9. Provide materials and equipment to assemble(171)LSG fixtures. 10. Provide equipment and materials to assemble and erect(22)LSS Poles. 11.Keep all heavy equipment off of playing fields when possible. Repair damage to grounds which exceeds that which would be expected. Indentations caused by heavy equipment traveling over dry • ground would be an example of expected damage. Ruts and sod damage caused by equipment • traveling over wet grounds would he an example of damage requiring repair. 12. Provide startup and aiming as required to provide complete and operating sports lighting system, • ADDER#1: VOLLEYBALL LIGHTING • 13.Provide materials and equipment to install(1)LSS foundations as specified on Layout. 14.Provide and install ground rods(one per pole location)for lightning protection per NFPA 780 Code and local building codes, Poles 70'or shorter should use a#2 copper conductor to the ground rod. Poles taller than 70'requires 2/0 copper conductor to the ground rod, Ground rods must be installed in soil,not in the concrete backfill, 15. Provide materials and equipment to assemble(4)LSG fixtures which includes (2)LSO fixtures to be mounted on existing pole S16, 16, Provide equipment and materials to assemble and erect(1)LSS Poles. ADDER#2 BASKETBALL COURT LIGHTING 17, Add (4)LSG fixtures to existing pole S12, • • • • • i I Exhibit "C" CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity • This questionnaire Is being flied In accordance with chapter 176 of the Local onPlct ut3soNtY • Government Code by a person doing business with the governmental entity. 'Dale Reeevad By law this questionnaire must be tiled 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 176.000,Local Government Code, • • A person commits on offense If the person violates Section 176.006, Local • • Government Code,An offense under this seotlon Is a Class C misdemeanor. • .J Name of person doing business with Weal governmental entity. • • Cheek this box If you are tiling an update to it previously filed questionnaire. (The law requires that you No an updated completed questionnaire with the appropriate filing authodly not later than September f of the year for which an activity described In Section 171 006(a),Local Government Code,Is pending and not later than this 7Ih Iwsiness day after the date the originally Mod questionnaire becomes Incomplete or Inaccurate.) Describe eaoh affiliation or business relationship with an employee or oontraolor of the!coal governmental entity who makes recommendations ton local government officer of the local governmental entity with respect to expenditure of money, .4l1 Describe each affiliation or business relationship with a person who is a loom government officer and who appoints or • • employs a local government officer of the twat governmental entity that Is the subject of this questionnaire, )11, iiitlf`eWeut ,af CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing buoInese with local governmental entity Page 2 Al Name of looal government offloorwith whom flier has afffillation or business relationship,(Complete this seotlon only tithe answer to A,B,ore is YES.) This section,item b Including subparts A,B.C b 0,must be completed for oath officer with whom the fier has affiliation or business relationship. Attach additional pages to Ihls Form CIO as necessary. • A. Is the local government officer named in flits section receiving or lately to receive taxable Income from the flier of he questionnaire? ri Yee M.No B. is the filer of the questionnaire receiving or likely to receive taxable Income from ar al the direction of Ins local government officer named in this section AND the taxable Income is nal from the local governmental entity? Yes No • • C. Is the filer Wills questionnaire affiliated with a corporation or other business entity thei the local government officer serves as an officer or director,or holds on ownership of 10 percent or more? ED Yes No D. Describe each affiliation or Iwslnees relationship, • J Describe any other affiliation or business relationship that might clause a confilot of Interest, • J r' Signatur of parson doing business with lie governmental entity Dale • i jl ( I • • ACORD,, CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYY) 02/15/10 PRODUCER 1-800-247-7756 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Holmes Murphy & Assoc - WDM ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 9207 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Des Moines, IA 50306-9207 INSURERS AFFORDING COVERAGE INSURED INSURER Employers Mutual Casualty Co. A- XII Mueco Sports Lighting, LLC Attn: Earyl Thomas INSURERB:St. Paul Fire & Marine Insurance Company A XV INSURERC:Employers Mutual Casualty Co. A- XII P 0 Box 808 INSURER D: Oskaloosa,' IA 52577 _INSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE IMMIDDTYYI DATE IMMIDDTYYI LIMITS A GENERAL LIABILITY 2D5362510 07/01/09 07/01/10 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $300,000 CLAIMS MADE I X I OCCUR MED EXP(My one person) $15,000 X Contractual Liability PERSONAL EADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $2,000,000 POLICY X I jF I ^I LOC A AUTOMOBILE LIABILITY 2E5362510 07/01/09 07/01/10 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per ecddent) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGO $ B EXCESS LIABILITY QE05501510 07/01/09 07/01/10 EACH OCCURRENCE $1,000,000 X I OCCUR CLAIMS MADE AGGREGATE $1,000,000 $ DEDUCTIBLE RETENTION $ $ A WORKERS COMPENSATION AND 2M5362510 07/01/09 07/01/10 X 70RVLAMiTs ER C EMPLOYERS'LIABILITY 2Z5362510 07/01/09 07/01/10 E.L.EACH ACCIDENT $500,000 A 235362510 07/01/09 07/01/10 E.L.DISEASE-EA EMPLOYEE $500,000 A 235362510 07/01/09 07/01/10 E.L.DISEASE-POLICY LIMIT $500,000 OTHER A Leased/Rented Equipment 2C5362510 07/01/09 07/01/10 Limit 300,000 Deductible 10,000 DESCRIPTION OF OPERATIONS$LOCATIONBNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Founders Park Phase 2, No. 126369 City of Wylie is included as an Additional Insured on the GL policy as their interests may appear. CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Wylie DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL At tn: City Manager IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 2000 Highway 78 N REPRESENTATIVES. Wylie, TX 75098 AUTHORIZED REPRESENTATIVE Awl USA I ACORD 25-S(7197) esteinbachwdem I ACORD CORPORATION 1986 14452296 J . | / IMPORTANT i If the certificate holder is an ADDITIONAL |NaVREo, the wNmy(lo ) must be endorsed. A statement . an this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). � If SUBROGATION IS vvANED, subject t, the terms and oomgh|onw of the pulicy, oona|n policies may } require an endorsement. A utummon\ on this certificate dnno not confer rights to the certificate � holder|n lieu nf such onooravment(v). DISCLAIMER . ' The Cvmficom o, |"ovmnco on the reverse side of this form uoox not constitute n contract u=vwvon ' the Issuing inourer(n), authorized representative or producer. and the certificate hpNer, nor does It affirmatively or negatively emend, extend o, alter the coverage afforded by the policies listed mvmun. i ' | ! xcmRoon-S(Vmr — -J THE AMERICAN INSTITUTE OF ARCHITECTS. . 0.411, ,. ratio ti Bond 105369414 • i 1 AIA Document A312 • • Performance Bond Any singular reference to Contractor, Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY Casualtyand Buret Companyof America Musco Spoitslighting, LLC ' Y 2701 Stewart Road 385 Washington Street Muscatine, IA 52761 St. Paul, MN 55102 OWNER(Name and Address): City of Wylie 2000 Hwy 78 North Wylie, TX 75098 • • • ' CONSTRUCTION CONTRACT Date: February 15, 2010 . Amount: $556,757.00 • Description (Name and Location): Founders Park Phase 2 • BOND . •Date (Not earlier than Construction Contract Uate): February 15, 2010 Amount: .$556,757.00 Modifications to this Hoed: 0 None ®See'Page 3 CONTRACTOR AS PRINCIPAL . SURETY . • ComMusco LL (Corporate Seal) Travelers Ca- - .nd Surety Companyoof Ameerica Seal) Musco Sports Signature: . - / v Signature: ©`�• -"l.� Name and TI . :• Name and Title: • ' • Diane M. Vanderpool, Attorney-in-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or 1 Reynolds and Reynolds, Inc. other party); . 300 Walnut, Suite 200 Des Moines, IA 50309 AM DOCUMENT A312•PERFORMANCE BOND ANP PAYMENT BOND•DECEMBER 1984 ED.,•AlA 0 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK Avt.,N.W.,WASHINGTON,D.C.20006 THIRD PRINTING•MARCH 1987.- F889 Rev.6187 - 1 The Contractor and,the Surety, jointly and severally, which it.may be'liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter- successors and assigns to the.Owner for the performance mined, tender payment therefor to the of the Construction Contract,which Is incorporated herein . Owner; or. • ' by reference. .2 .Deny liability in whole or In part and notify the 2 If.the"Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety'and the Contractor shall have•no obligation under this Bond, except to participate In conferences as 5 If the Surety does not proceed as provided In Paragraph provided in Subparagraph 3.1. • 4 with reasonable promptness,the Surety shall be deemed to be in default On this Bond fifteen days after receipt of an 3 If there is no Owner'Default, the Surety's obligation additional writte_n.'notice from.the Owner,'to the Surety under this Bond shaft arise after: ., demanding that the Surety perform its obligations under • • 3.1 Owner has notified the Contractor and the this'Bond,and the Owner shall be entitled to enforce any Surety.1The t its address describednotified ien ContrParagactor h 10 below remedy available to the Owner: If the Surety proceeds as that the Owner is considering declaring a Contractor provided In Subparagraph 4.4,and the Owner refuses the Default-and.has requested•and attempted to arrange a wholepaym ntin part,wred hoout the Surety has the' Odle shall In be conference with.the Contractor and the Surety to be whole or•o of t enforce any remedy vai ae e theeer shall . held not later than'fifteen days after receipt of such entitled to enforce any remedy available to Owner. notice to discuss methods of performing the Construc- 6 'After the Owner.has terminated.the Contractor's right lion Contract. If the Owner, the Contractor and the' to complete the Construction Contract,and If•the Surety Surety agree,the Contractor shall be allowed a reason- elects to act.under Subparagraph 4.1•, 4.2, or 4.3 above, able time to'perform the Construction Contract,,but then the responsibilities of the Surety to.the Owner shall . such an agreement shall'not waive the Owner's right,if not'be greater than those of the Contractor under:the any;'subsequently to declare a Contractor Default;and Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the 3.2 The Owner has declared a'Contractor Default and • .owner under the C onstrtiction Contract.To the limit of the ' . formally terminated the Contractor's right to complete amount of this Bond,but subject to commitment by the • the contract.,Such Contractor Default shall not be de• Owner-of the Balance of the CoritractPrice to mitigation of dared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure- • ' • the Surety have received notice as provided in Sub- ty is obligated without.duplication for: • ' paragraph 3.1; and' •3.3 The Owner has agreed to pay the Balance of the 6.1 The responsibilities of the Contractor for correc- Contract Price to the•Surety in accordance with the • lion of defective work and completion of the Construc- . terms of the Construction Contract or to a contractor lion Contract; selected to perform the Construction Contract'In accor- 6.2 Additional legal, design professional and delay . dance With the terms Of the contract with the Owner. costs:resulting from the Contractor's Default, and re- 4 When the Owner has satisfied the conditions of Para- . suiting from the'ections Or failure to act of the Surety • - graph 3,the•Surety shall promptly and at the Surety's ex- under Paragraph 4; and pense take one of•the following actions: • 6.3 Liquidated damages,or If no liquidated.damages 4.t Arrange for the Contractor, with consent of the are.specified in the Construction Contract,actual dam- Owner,'to perform and complete the Construction ages•e of theed Contractor.by delaed performance or non•perfor- Contract; or mance of • 7• The Surety shall not be liable tothe Owner or,others for 4.2 Undertake to perform and complete the Construc- obligations of the Contractor that are unrelated to the Con- lion Contract itself,through its'agents or thrbughinde! struction Contract,'and the Balance.of the'Contract Price pendent contractors; or • • shall not be reduced or set off on account of any such •4.3. Obtain .bids or negotiated proposals 'from unrelated obligations. No right of action shall accrue on qualified contractors acceptable tb the Owner for a. this Bond to any person or entity other than the Owner or contract for performance and completion of the'Con- • Its heirs,'executors, administrators or'successors. • . struction Contract, arrange for a contract to be pre- 6 The Surety-hereby waives notice of any change,includ- 'pared for execution by the Owner and the contractor •ing changes of time, to the Construction Contract or to selected with the Owner's concurrence,to be secured related subcontracts, purchase.orders and other obliga- with performance and payment bonds executed by a tlons. qualified surety equivalent to the bonds issued on the Construction Contract,'and pay to the Owner the 9 Any proceeding;legal or equitable, under-this Bond amount of damages as described in Paragraph 6 In ex- may be Instituted in any Court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location In which the work or part of the work is located . Owner resulting from the Contractor's default; or. and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete,arrange Default•or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or.within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform.its'obligations under this Bond,whichever oc- . 'curs'first. If the provisions of:this Paragraph are void or .1 After Investigation,determine the amount for prohibited by law,the minimum period of limitation avail- AIA,DOt 1MENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 198(ED.•AIA e - ' THE AMERICAN INSTITUTE-OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.21X06 2 THIRO PRINTING•MARCH lam• • • • able to sureties as a defense In the jurisdiction of the suit tractor Of any amounts received•or to be received by shall be applicable. the Owner in settlement of insurance or other claims re- 10 Notice to the Surety,the Owner or the Contractor shall for damages to which'the Contractor-is entitled,be mailed or delivered to the address'shown on the sig- behalf by all Contractord and proper r the Construction made to orC on nature page. behalf of the under the Can- •tract. • 11 When this Bond has been furnished to comply with a •12.2 Construction Contract's The agreement between statutory or other legal requirement in the location where • :the Owner and the Contractor identified on the sig- the•construction was:to be performed,any provision in this nature page, Including all Centred Documents and ' Bond conflicting with said statutory or legal requirement Changes thereto.• shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the'Contractor, be deemed Incorporated herein. The Intent'Is that this .which has neither been remedied nor waived,to per- Bond shall•be construed as a statutonj bond and not as a form or otherwise to'comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12,4 Owner Default:Failure of the Owner,which has 12.1 . Balance of the Contract Price:The total amount •neither been remedied nor waived, to pay the Con- payable la the Owner to the Contractor under the. ,tractor as required by Construction Contract or.to Construction Contract after all proper adjustments • perform and complete or comply with the other terms have been made, Including allowance to the.Con-• thereof. • • • • MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: • • - . SEE LIMITED MAINTENANCE PROVISION RIDER ATTACHED HERETO AND MADE A PART HEREOF ' • • • • • • • • • • • 'Space Is provided below for additional signatures of added parties,other than those appearing on the cover page.) . s CONTRACTOR AS PRINCIPAL. • • SURETY Company: - (Corporate Seal) (Corporate Seal) Signature: - Signature: • Name-and Title: - Name and Title: Address: Address: MA DOCUMENT A312'•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA E1 - THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006: • 3 THIRD PRINTING•MARCH 1987 . THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Bond 105369414 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY(Name and Principal Place of Business): Musco Sports Lighting, LLC Travelers Casualty and Surety Company of America 2107 Stewart Road 355 Washington Street Muscatine, IA 52761 St. Paul, MN 55102 OWNER (Name and Address): City of Wylie 2000 Hwy 78 North Wylie, TX 75098 CONSTRUCTION CONTRACT Date: February 15, 2010 Amount:$556,757,00 Description (Name and Location): Founders Park Phase 2 BOND Date(Not earlier than Construction Contract Date): February 15, 2010 Amount:$556,757.00 Modifications to this Bond: None _X Yes See Page 6 CONTRACTOR AS PRINCIPAL SUR TY Company: (corporate Seal) C pa y: (corporate Seal) Musco Spo r Ing, : Tra Biers asualtyand SuretyC mpany of Arnett Signat e: Signs u`� `� 17c_- Nam and Title: Name and Title: Diane M. Vanderpdot, Attorney-In-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY-Name,Address and Telephone) OWNER'S REPRESENTATIVE(Arohltoo1 Enginoor or other AGENT or BROKER: Pa tY): Reynolds&Reynolds, Inc. 300 Walnut, Suite 200 Des Moines, IA 50309 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA® THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEWYORK AVE.,N.W.,WASHINGTON,D.C.20008 A312-1984 1 THIRD PRINTING•MARCH 1987 1 The Contractor and the Surety, jointly and severally, 5 If a notice required by Paragraph 4 is given by the bind themselves, their heirs, executors, administrators, Owner to the Contractor or to the Surety, that is sufficient successors and assigns to the Owner to pay for labor, compliance. materials and equipment furnished for use in the 6 When the Claimant has satisfied the conditions of performance of the Construction Contract, which Is Paragraph 4, the Surety shall promptly and at the Surety's incorporated herein by reference. expense take the fnllnwing actions. 2 With respect to the Owner,this obligation shall be null 6.1 Send an answer to the Claimant,with a copy to the and void if the Contractor: Owner,within 45 days after receipt of the claim, stating 2.1 Promptly makes payment,directly or indirectly,for the amounts that are undisputed and the basis for all sums due Claimants,and challenging any amounts that are disputed. 2.2 Defends, indemnifies and holds harmless the 6.2 Pay or arrange for payment of any undisputed Owner from claims, demands, liens or suits by any amounts, person or entity whose claim,demand,lien or suit Is for 7 The Surety's total obligation shall not exceed the the payment for labor,materials or equipment furnished amount of this Bond, and the amount of this Bond shall be fnr uRR in the perfnrmanr.e of the C)nnr;trurtinn credited fur any payments made in guud faith by the Contract,provided the Owner has promptly notified the Surety. Contractor and the Surety(at the address described in . Paragraph 12) of any claims, demands, liens or suits 8 Amounts owed by the Owner to the Contractor under the and tendered defense of such claims, demands, liens Construction Contract shall be used for the performance of or suits to the Contractor and the Surety, and provided the Construction Contract and to satisfy claims,If any, under there is no Owner Default. any Construction Performance Bond. By the Contractor 3 With respect to Claimants, this obligation shall be null furnishing and the Owner accepting this Bond, they agree and if the Contractor promptly makes payment, that all funds earned by the Contractor in the performance of directly void indirectly,for all sums due. the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this 4. The Surety shall have no obligation to Claimants under Bond,subject to the Owner's priority to use the funds for the this Bond until: completion of the work. 4.1 Claimants who are employed by or have a direct 9 The Surety shall not be liable to the Owner,Claimants or contract with the Contractor have given notice to the others for obligations of the Contractor that are unrelated to Surety(at the address described in Paragraph 12) and the Construction Contract. The Owner shall not be liable for sent a copy, or notice thereof,to the Owner,stating that payment of any costs or expenses of any Claimant under a claim is being made under this Bond and, with this Bond, and shall have under this Bond no obligations to substantial accuracy,the amount of the claim. make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 4.2 Claimants who do not have a direct contract with the Contractor: 10 The Surety hereby waives notice of any change, Including changes of time,to the Construction Contract or to .1 Have furnished written notice to the Contractor related subcontracts, purchase orders and other obligations. and sent a copy, or notice thereof, to the Owner, within 90 days after having last 11 No suit or action shall be commenced by a Claimant performed labor or last furnished materials or under this Bond other than in a court of competent equipment included in the claim stating, with jurisdiction in the location in which the work or part of the substantial accuracy, the amount of the claim work is located or after the expiration of one year from the and the name of the party to whom the date(1)on which the Claimant gave the notice required by materials were furnished or supplied or for Subparagraph 4.1 or Clause 4.2.3, or(2) on which the last whom the labor was done or performed;and labor or service was performed by anyone or the last • materials or equipment were furnished by anyone under the .2 Have either received a rejection in whole or in Construction Contract,whichever of(1)or(2)first occurs. If part from the Contractor,or not received within the provisions of this Paragraph are void or prohibited by 30 days of furnishing the above notice any law, the minimum period of limitation available to sureties communication from the Contractor by which as a defense in the jurisdiction of the suit shall be the Contractor has indicated the claim will be applicable. paid directly or indirectly;and ! 12 Notice to the Surety, the Owner or the Contractor shall .3 Not having been paid within the above 30 be mailed or delivered to the address shown on the days, have sent a written notice to the Surety signature page. Actual receipt of notice by Surety, the (at the address described in Paragraph 12) Owner or the Contractor, however accomplished, shall be and sent a copy, or notice thereof, to the sufficient compliance as of the date received at the address Owner, stating that a claim is being made shown on the signature page. under this Bond and enclosing a copy of the previous written notice furnished to the 13 When this Bond has been furnished to comply with a Contractor. statutory or other legal requirement in the location where the construction was to be performed, any provision in this AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AK® THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20008 A312-1984 2 THIRD PRINTING•MARCH 1987 Bond conflicting with said statutory or legal requirement service or rental equipment used in the Construction shall be deemed deleted herefrom and provisions Contract, architectural and engineering services conforming to such statutory or other legal requirement shall required for performance of the work of the Contractor be deemed incorporated herein. The Intent is that this Bond and the Contractor's subcontractors, and all other shall be construed as a statutory bond and not as a items for which a mechanic's lien may be asserted in common law bond. the jurisdiction where the labor, materials or equipment were furnished, 14 Upon request by any person or entity appearing to be a . potential beneficiary of this Bond, the Contractor shall 15.2 Construction Contract: The agreement promptly furnish a copy of this Bond or shall permit a copy between the Owner and the Contractor Identified on to be made. the signature page, including all Contract Documents and changes thereto. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct 15.3 Owner Default: Failure of the Owner, which contract with the Contractor or with a subcontractor of has neither been remediednor waived, to pay the the Contractor to furnish labor, materials or equipment Contractor as required byy the Construction onstruction Contract or for uae in the performance of the Contract. The intent to perform and complete or comply with the other of this Bond shall be to Include without limitation in terms thereof. the terms "labor, materials or equipment"that part of water, gas, power, light, heat, oil, gasoline,telephone MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 6 above is deleted in Its entirety and the following is substituted in its place: 6. When the Claimant has satisfied the conditions of Paragraph 4,and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, with reasonable promptness, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed,including, but not limited to,the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, with reasonable promptness, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or Identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to, or right to dispute,such claim. Rather,the Claimant shall have the immediate right,without further notice,to bring suit against the Surety to enforce any remedy available to it under this Bond. SEE LIMITED MAINTENANCE PROVISION RIDER ATTACHED HERETO AND MADE A PART HEREOF (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A912•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA® THE AMERICAN INSTITUTE OF ARCHITECTS,1796 NEW YORK AVE„N.W.,WASHINGTON,D.C.20006 A312-1984 3 THIRD PRINTING•MARCH 1967 Limited Maintenance Provision Rider To be attached to and form part of bond no. 105369414 issued by the Travelers Casualty and Surety Company of America on behalf of Musco Sports Lighting LLC in the amount Five Hundred Filly-Six Thousand Seven Hundred Fifty-Seven and No/100ths ($556,757.00)and dated February 15,2010 in favor of City of Wylie for Founders Park Phase 2 Principal shall guarantee that the work will be free of defective materials and workmanship for a period of Twelve(12)months following completion of the contract. Any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only,and the Surety assumes no liability for such a guarantee. Musco Sports Li hting LLC Tray el rs sualty and Surety Compa of America • Diane M.Vanderpool,Attorney-in-Fact • WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS, POWER OF ATTORNEY Farmington Casualty Company SI.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company • Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casually and Surety Company of America St.Paul Fire and Marine Insurance Company United Slates Fidelity and Guaranty Company AttorneyIn Fact No, 218163 Certificate No,0 0 26 6 3 8 9 3 KNOW ALL MEN BY THESE PRESENTS:Thai Seaboard Surety Company is a corporation duly organized under the laws of the Suite of New York,that St.Paul Fire and Marine Insurance Company.St.Paul Guardian Insurance Company and SI.Paul Mercury Insurance Company are corporations duly organized under the laws of the Stale of Minnesota,that Farmington Casually Company,Travelers Casualty and Surety Company,and Travelers Casually and Surely Company of America are corporations duly organized under the laws of the Stale of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Dean M.Clark,Diane M.Vanderpool,Judy L.Gearhart,Sandra K. Bell,Rhonda S.Siberz,Stanley J. Reynolds, and John F.Pray,Jr.(Jack) of the City of Des Moines ,State of Iowa ,their true and lawful Attorneys)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in thelrf.busjness Sguaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pe tfedlin arty�21I)ons or v9ceedings allowed by law. IN WITNESS WHEREOF;.the Companies have caused this lost {�to•be�n..ed.Bdd 1 cp�r iorate seals to be hereto affixed,this 9th day of January 2007 r ` V) r r Farmington Casualty Cp n� 18. • ,V9 St.Paul Guardian Insurance Company Fidelity and Guaranty stirs c `�pdipa � ��, St.Paul Mercury Insurance Company Fidelity and Guaranty Insuf e"IJnderwiIters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company 0,614 i „wu,. entry 11 6 02;;;;;;;4' ♦r} l�' .y �Q- lr r ��y C q'i �,�tY µ°.` 10 �0Y'4- �o�, .71T ,c;fit 9 s z6 0 a at�tFac 1927 pr r,v. wun►oao. ay, �}' 'cam"a rasa ,d` ,,FF4,e .., 9 `?' iite ``,.,c° 4° l'- ""x fWWI enwe I. �j\ . p. , ,�4 �qh�ltl♦ • State of Connecticut • By, - City of Hartford ss. Georg Thompson, 'enior ice President On this the 9th day of January 2007,before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters,Inc., Seaboard Surety Company,St.Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company.Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized solo do.executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. JONIn Witness Whereof,I hereunto set my hand and official seal. frTAR 4/" C , My Commission expires the 30th day:of June,2011. AUK 0 dr WMarie C.Tetreautt,Notary Public 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER . WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the 13nnrds of Directors of Farmington Casualty Company.Fidelity and Guaranty Insurance Company, Fidelity and Gnnrauny insurance Underwritcnt, Inc.. Seaboard Surety Company, St Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance Company,SI. Paul Mercury Insurnncc Company,Travelers Cnsunhy and Surety Company,'travelers.Casualty and Surety Company of. America,and United States Fidelity and Ouurnnty Company,which resolutions are now in fall force and effect,reading as follows: RESOLVED,that the Chairman, the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice. President,the Treasurer,any Assistant'Demurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-im•Fact and Agents to net for and on behalf of the Company and may give such appointee such authority as his or her cettilicnte of authority may prescribe to sign with the Company's name mud seal with the Company's seal bonds,recognizanees,contracts of indemnity.and other writings obligatory in the nature of a bond,recognizance,or ctmditioind undertaking,and any of said officers or the Board of Directors at any time any remove any such appointee and revoke the parser given bins or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or uty Vice President may delegate all or any part of the foregoing authority to one or snore officers or employees of this Company,provided that each such delegation is in writing mad a copy thereof is filed in the office of tine Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of Indemnity,or writing obligatory in the nature of n bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chnirnran,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the'Demurer,any Assistant T easurcr,the Corporate Secretary or any Assistant Secretory and duly attested and sealed with flit Company's seal by a Secretary or Assistant Secretory;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is • FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the.Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile sets' shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Ron M,Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Compnny,Fidelity and Guaranty insurance Company,Fidelity and Guaranty insurance Underwriters, Inc.,Seaboard Surety Company,St. Paul Fire and Marine Insurnncc Cnnpnmy,,St. Paul Guardian insurance Company, St. Pad Mercury Insurance Company,Travelers Casualty and Surely Company,travelers Casualty and SurAUttnimaqqpitinerickstild United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a tote and correct copy of the Powertiq 'tomeytested by to ontpanies,which is in full force and effect and has not been revoked. Y . ,,,N`• \' IN TESTIMONY WHEREOF,I have hereunto set my hand aq r the-CA o sa OnSpanies this /3t day of 4.14i ,20 t! NO ". r e- ZJohaEistantretary �Y '�1 pp y SUiEr� 4�Hr /►N•!�':4 Y mist •sir rya r ~ 1811 ti ••✓• �: ��fA■wMrq Q�Ja �ti� J�o �` Vewpf N� 1927 2 tar ti � — g(_._ 3 wvarrxno i�nv°"�SQ +.c �> i951 `4� , SEAL 8 _'it\SEM. corer. g F ' 17r 1848 'Ib verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. • • • • • � I WARNING:THIS POWER OF An I URNEY IS INVALID WITHOUT THE RED BORDER - Wylie City Council C I-T.......Y......QFW�tft AGENDA REPORT Meeting Date: March 9, 2010 Item Number: 9 Department: (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: 443-5443-58150 Date Prepared: February 5, 2010 Budgeted Amount: $5,169,191.65 Exhibits: Contract Documents Subject Consider, and act upon, award of a construction contract, in the amount of$79,718.35, to USA Shade & Fabric Structures, Inc. for the installation of bleacher shade structures as part of the Founders Park Improvements Project. Recommendation Motion to award a construction contract, in the amount of$79,718.35, to USA Shade & Fabric Structures, Inc. for the installation of bleacher shade structures as part of the Founders Park Improvements Project. Discussion As part of the improvements to Founders Park, eight shade structures will be installed over the bleachers for the baseball/softball fields. The proposed structures are provided by USA Shade and Fabric Structures, Inc., an industry leader in this type of equipment. The structures, including installation costs, are available through Buy Board, and therefore they have already been subject to the competitive bidding process. During the development of the Founders Park project, the Park Board placed a high priority on establishing shade elements within the park's design. These 18' x 36' (648 square feet) fabric structures not only provide ample shade, but they also provide spectators with protection from foul balls. Other notable features include: Ten-year warranty on the steel post components Ten-year warranty on the fabric material Eight-year warranty on the thread Engineered design to withstand 90 mph wind load Recessed mounting to eliminate trip hazards Similar shade structures are used throughout the metroplex at sports facilities and car dealerships. The City Attorney has reviewed the contract documents, and the vendor agrees to all tenns and conditions. Approved By Initial Date Department Director NIS February 5, 2010 City Manager u 3 1 Page I of I US ', SHADE & Fabric Structurest Inc. n Ports A Brand of USA Shade&Fabric Structures,Inc. COVER SHEET PROPOSAL FOR SHADE STRUCTURES CORPORATE OFFICE Dailsis Date: 01/25/10 8505-A Chancellor Row Dallas,-rX 75247 To: Robert Diaz, City of Wylie NO-9W5005 Phone 214-905-9514 Fax Fax: REGIONAL OFFICES Phone: (214) 346-6227 Arizona Pages including this cover page: 8 2628-B W.Birchwood Or. Mesa,AZ 85202 Project Name: Founders Park 4W-446-OM Phone 480446-8679 Fax Quote Number 0190320DHH Buy Board Austin COMMENTS: 1508-A Ferguson Lane Austin,TX 78754 512-836-5500 Phone Hi Robert,thanks for the email. We are delighted to be a part of the new Ball 512-83&56M Fax Field project. Enclosed is the proposal for the Bleacher Shade. I have used our California Buv Board contract # 269-08 for the pricing. You can go 350 Kalmus Drive ahead and send us the P.O.for this when it has been approved and we will costa mesa,CA 92626 714-427-6981 Phone make sure that Buy Board has this on fite for you. 714-427-6982 Fax 927 Enterprise Way Do not hesitate to call me for further assistance. Suite A MVa,CA W58 707-257-72%Phone 707-257-7297 Fax Sincerely, Los Vegas 6225 S.Valley View Blvd. Suite I I as Vegas,NIV 89118 Dot Haymann 702-227-5273 Phone Executive VP of Sales 702-227-5132 Fax Phone: (972)354-6512 (214) 850-5651 mob Note: This message is intended only for the use of 1he incifividual to whom it is addressed,and contains irdormation to Is privileged,coMiential and exempt from cilsolmra under applicable taw. If you are not the intended recipient,or the employee or agent responsible for delivering this nwissage to the intended recipient you are he"notified Mat my unauthorized dwitisure,distribution or copying of this communication is stm*prohibited it you have received this communication in wor,please notify us immediately by phone and return the onginal message to the above address PROPOSAL Remittance address: Corporate Mailing Address: USA Shade&Fabric Structures,Inc. P.O.Box 560168 USASHADE P.O.Box 678420 Dallas,TX 75267-8420 Dallas,TX 75356-0168 Fabrle Structsw•s,Ina. ai,,kin Ports (800)966-5005 A Brand of USA Shade&Fabric Structures,Inc. This is a legal agreement — Please read carefully. Complete and initial all pages Purchaser: City of Wylie Date: 01/25/10 Sales Rep: Dot Heymann Contact: Buyboard 269-08 Phone: (972)354-6512 Phone: Quote No.: 090320DHH Email: dhaymann@usa-shade.com fiNing Information Shipping Information 4i+bidte Information(including elte none): Founders Park Founders Park 949 Hensley Lane 851 Hensley Lane 851 Hensley Lane Wylie,TX 75098 Wylie,TX 75098 Wylie,TX 75098 Contact: Contact: Contact: Phone: Phone: Phone: Fax: Fax: Fax: Email: Email: Email: STRUCTURE PRICING H I )r I kM 1° It 8 Sun Port"Custom Slant Hip" Structure Size 18ft x 36ft $6,653.00 each Structures Number of Posts 4 posts per structure Number of Fabric Tops 1 $53,224.00 Fabric Type ShadesureTM Fabric Color TBD Steel Color TBD Post Attachment Method Recessed Plates Ent 13ft at the back sloping to ry Height 4 approx 10ft Wind load 90MPH Snow load 5Lbs/Sft Notes: 1.1 T I thity 553,224.00 Lr 11 ILH Son Pri*ni $1,944,35 (1) uptio exidution of the Agtoiment(Dicoolt) $500.00 (4 Upon tdelNetY cO Sun Ps)____ 'SUBTOTAL $55,668.35 (3) Upon completion of sieerntArAnstalktoon Exempt 4 Other $23,200,00 '11 E , $850.00 If notTita Eirartot4Atiese add fax in total price. r $79,718.35 GENERAL SCOPE OF WORK E r.1 LLIT _ AsEr1L E 'Or- LIT', YES NO YES NO Purchaser is responsible for Permit Submittal 0 El Underground obstacles 0 0 Dirt Removal Proposal Page 2 Initials PROPOSAL Remittance address: Corporate Mailing Address: USA Shade&Fabric Structures,Inc. P.O.Box 560168 U SAS H A D E /' Dallas,TX 7678420. Dallas,TX 75356-0168 s<Febrro structures,Ina §i n Ports (800)966-5005 A Brand d USA Shade b Fabric Stru Tres,Inc. +i- I^1 ; I t',i V L I-i i I,.J lm; G I= 1,-:.0 II I 1<f_ P:.11 EL f-1 1 ' ❑ ® Soil Tests Bulking Code 2006 IBC ■ 0 Concrete Cutting Type . drawings ■ Access #of sealed drawings 0 1Z Fencing Calculations Fiequired 0 Special Inspection ■ 12:1 Permits(see Pemiit Requirements) 12 ki ( WC, i rJr 1 ,Jrirc,,, 0 El Prevailing Wages&Certified Payroll I■ • ■ ►�� • .• es Assembly/Installation(based on a single mobilization) ■ -� Removal r • poles Shipping and Handling ■ ►= ! Repair Engineered Drawings ■ ►=' • Repair Sales Tax ■ LS Electrical hook-up . •I■■ Permit Submittal ■ ►Z� - Plan ■ ► Permit fees ■ EJ Site Survey Accessories ■ 0 Bobcat ❑ Coastal Primer ❑ ® Liquidated Damages C ❑ Payment and Performance Bonds ❑ 0 Other special conditions(noted below): © 0 Anchor Bolts Included GENERAL TERMS AND CONDITIONS AND WARRANTY 1) Proposal:The above proposal is valid for 30 days from the date first set forth above. After 30 days we reserve the right to increase prices due to the rise in costs of raw material,fuel or other cost increases.When applicable, USA Shade&Fabric Structures,Inc. reserves the right to implement a surcharge for significant increases in raw materials,including the following,but not limited to;fuel,steel and concrete, Due to the duration of time between proposals,contracts and final installation, USA Shade&Fabric Structures, Inc. reserves the right to implement this surcharge when applicable. 2) Purchase:By executing this proposal,or submitting a purchase order pursuant to this proposal(which shall incorporate the terms of this agreement specifically by reference)which is accepted by the SA Shade&Fabric Structures,Inc.(the"Company"),the purchaser identified above('you"or the"Purchaser")agrees to purchase the Sun Ports brand shade structures("Structures")Lures")and the services to be provided by the Company,as detailed in the"Structure Pricing"and"General Scope of the Work"'sections of this agreement,above,or in the relevant purchase order accepted by the Company,for use by Purchaser or for installation by Company or Purchaser on behalf of a third-party who will be the ultimate owner of the Structures(the ultimate owner of a Structure,whether Purchaser or a third-party,being the"Owner'). 3) Short Shii Claims:Purchaser has 15 days from receipt of the Structures to file a short ship report In writing to its sales representative. Company will not honor claims made after this time. 4) Standard Exclusions:Unlaaa specifically included under"General Scope of the Work"section above,this agreement does not include, and Company will not provide Services,labor or materials for any of the following work:(a)removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA;(b)moving Owner's property around the installation site;(c)repair or replacement of any Purchaser or Owner-supplied materials;(d)repair of concealed underground utilities not located on prints,supplied to Company by Owner during the bidding process,or physically staked out by Owner,and which are damaged during construction;or(e) repair of damage to existing surfaces that could occur when construction equipment and vehicles are being used in the normal course of construction. 5) Performance and Payment Bond. At the time of execution of this Agreement, Purchaser shall require Company to execute and deliver to the Purchaser the following: (a) A payment bond equal to the total cost of the Proposal, with a reputable and solvent corporate surety, in favor of Proposal-SP1 Page 3 Initials PROPOSAL Remittance address: Corporate Mailing Address: USA Shade&Fabric Structures,Inc. P.Q.Box 560168 U SAS H A D E P.O.Box 678420 Dallas,TX 75356-0168 a Fabric structures,Inc. n Ports Dallas,TX 75267 8420 (800)966-5005 A&and of USA Shade 8 Fabric Stnuctures,Inc. Purchaser,to indemnify Purchaser against any claims for nonpayment of any part of the construction work performed in connection with the Proposal. (b) A performance bond in an amount equal to the total cost of the Proposal,with a reputable and solvent corporate surety, in favor of the Purchaser,to guaranty construction and'completion of the Proposal. 6) Bondina Guidelines:if Purchaser will use or provide the Structures and Services for an Owner other than Purchaser(including,without limitation,as a subcontractor of Purchaser),Purchaser will include the following statement in Purchaser's contract with Owner: 'The manufacturer's warranty for the Sun Ports brand shade structures is a separate document between USA Shade& Fabric Structures,Inc.and the ultimate owner of the Sun Ports brand shade structures,which will be provided to the ultimate owner at the time of completion of the installation and other services to be provided by USA Shade&Fabric Structures,Inc. Due to surety requirements,any performance and/or payment bond will cover only the first year of USA Shade&Fabric Structures,Inc.warranty." 7) Insurance Requirements:Company is not required to provide any insurance coverage in excess of Company's standard insurance.A copy of the Company's standard insurance is available for your review prior to acceptance of the Company's quote. 8) Payment:Terms of payment are defined in the"Pricing Details"section and are specific to this contract For purposes of this agreement, "Completion"is defined as being the point at which the Structure is suitable for its intended use,the issue of an occupancy consent,or a final building department approval is issued,whichever occurs first.In any event where Completion cannot be effected due to delays or postponements caused by the Purchaser or Owner,final payment(less 10%retainage)is due within 30 days of the date when Completion was scheduled,had the delay not occurred.All payments must be made to USA Shade&Fabric Structures,Inc.,PO Box 678420,Dallas TX 75267-8420.If the Purchaser or Owner faits or delays in making any scheduled milestone payments,the Company may suspend the fulfillment of its obligations hereunder until such payments are made,or Company may be relieved of its obligations hereunder if payment is more than 60 days past due.Company may use all remedies available to it under current laws,including but not limited to filing of liens against the property and using a collection agency or the courts to secure the collection of the outstanding debt. 9) Lien Releases:Upon request by Owner,Company will issue appropriate partial lien releases as corresponding payments are received from Purchaser,but prior to receiving final payment from Purchaser or Owner.Company will provide a full release of liens upon receipt of final payment. In accordance with state laws,Company reserves the right to place a lien on the property if final payment has not been received 10 days prior to the filing deadline for liens. 10) Slue-plan Approval.Permits.Permit Fees.Plans.Enaineerina Drawlnas and Survevina:Site-plan approval,permits,permit fees, plans,engineering drawings and surveying are specifically excluded from this agreement and the Services unless specified under the "General Scope of Work".The Company does not in any way warrant or represent that a permit or site plan approval for construction will be obtained.Sealed engineered drawings that are required but not included in the"General Scope of Work"will result in an additional cost to Purchaser. 11) Manufacturing&Delivery, Manufacturing lead•time from Company's receipt of the"Notice To Proceed'is approximately 6 to 8 weeks for standard Structures,and 8 to 12 weeks for custom Structures.Delivery is approximately 1 week thereafter.Delivery of Structures may be prior to or at start of assembly. 12) Returned Product and/or Cancelled Order: Within the first 45 days after shipment from our facility,all returned product(s)and cancelled orders are subject to a full refund.No returns or refunds(partial or full)are available following this 45 day period. Please contact your sales representative for details. 13) Concealed Conditions;"Concealed conditions"include,without limitation,water,gas,sprinkler,electrical and sewage lines,post tension cables,and steel rebar_This agreement is based solely on observations Company was able to make either by visual inspection or by drawings and/or plans submitted by Owner at the time this agreement was bid If additional Concealed Conditions are discovered once work has commenced which were not visible at the time this proposal was bid,Company will stop work and point out these unforeseen Concealed Conditions to Purchaser or Owner so that Purchaser and Company can execute a change order for any additional work.In any event,any damage caused by or to unforeseen Concealed Conditions is the sole responsibility of the Purchaser and Company shall not be held liable for any such damage.Soil conditions are assured to be sal that does not contain any water,hard rock(such as firestone, caliche,etc.),rocks bigger than 4 inches in diameter or any other condition that will require additional labor,equipment and/or materials not specified by the Purchaser or Owner in the bidding process.Any condition requiring additional labor,equipment and/or materials to complete the drilling or concrete operations will require a change order before Company will complete the process. Price quotes are based on a drill pier footing.Any variation will incur additional charges(i.e.spread footings,concrete mat,sand,water,landfill,etc.). Costs for footing and instalation do not include any allowance for extending below frost lines(the additional costs for which vary by geographical region). Proposal-SP1 Page 4 Initials PROPOSAL Remittance address: Corporate Mailing Address USA Shade&Fabric Structures, Inc. : P.O.Box 678420 P.O.Box 560168 USASHADE ' Ps r (800)966-5005 A Brand of USA Shade&Fabric Structures,Inc. 14) Chamois in the Work:During the course of this project,Purchaser may order changes in the work(both additions and deletions).The cost of these changes will be determined by the Company,and a change order form must be completed and signed by both the Purchaser and the Company,which will detail the"General Scope of the Change Orde(. Should any change order be essential to the completion of the project,and the Purchaser refuses to authorize such change order,then Company will be deemed to have performed its part of the project, and the project and Services will be terminated.Upon such termination,Company will submit a final billing to Purchaser for payment,less a labor allowance for work not performed but including additional charges Incurred due to the stoppage.No credit will be allowed for materials sold and supplied,which will remain the property of the Purchaser. 15) Warranty;Limitations of Liability: • Company warrants that all Company-supplied labor and Services will be performed in a good and workmanlike manner. • The warranty set forth in this Section 14 will be the Purchaser's sole and exclusive warranty. • The warranty set forth in this Section 14 wiH run from the date of completion of the installation by the Company,and any warranty claims brought by Purchaser must be brought within 30 days of the date of performance of the Service giving rise to the claim. • Purchaser shall notify Company in writing detailing any defects in Service for which a warranty claim is being made. • For all Structures Installed by the Company,Purchaser must sign and return the"Customer Checklist and Sign-ofr form to the Company within 10 business days from the construction completion date,or Company will not be held responsible for any warranties under this Section 14 or any damage to the Structure. • The warranties for the Structures are contained in a separate document between Company and the ultimate Owner of the Structures, which will be provided to Owner at the time of completion of the work. 16) Warrant,: • USA SHADE provides a limited warranty on all USA SHADE-supplied labor and materials.No other warranty is implied. • The warranty set'forth shall be the purchaser's sole and exclusive warranty,and is void if structures are not paid for in full. • The warranty is void if any changes,modifications,additions or attachments are made to the structures without the prior written consent of USA SHADE. • The warranty is void if the structures are not assembled in strict compliance with USA SHADE specifications. • The warranty will be void if regular maintenance is not performed. This is particularly critical in regions where dirt/sand may cause abrasion of fabric. • The warranties below are effective from the date of sale,or,if assembled by USA SHADE,the date of construction completion. • USA SHADE reserves the right to repair or replace any item covered by this warranty. • Purchaser shall notify USA SHADE in writing,detailing any defects for which a warranty claim is being made. • USA SHADE shall not in any event be liable for indirect,special,consequential,or liquidated damages. • USA SHADE specifically denies the implied warranties of fitness for a particular purpose and merchantability. • No signs,objects,fans,light fixtures,et,may be hung from the structures,unless specifically engineered by USA SHADE. These items may interfere with the fabric,voiding the warranty. • The warranty shall be void if damage to the steel frame or fabric top is caused by misuse,willful or intentional damage,vandalism,any Act of God(i.e.hurricane,tornado,micro/macrobuist),including,but not limited to,ice,snow,or wind in excess of applicable building code parameters. • For all units assembled by USA SHADE the"Customer Checldist and Si-off'form must be signed and returned to USA SHADE within 10 business days from the date of construction completion,or USA SHADE will not be held responsible for any damage to the structures. The warranty will also be considered null and void until this checklist is received by USA SHADE. ShadesureTM Fabric: • ShadesureTm fabrics carry a 10-year limited manufacturer's warranty from the date of assembly,against failure from significant fading, deterioration,breakdown,mildew,outdoor heat,cold,or discoloration,with the exception of Red and CoclbrellaTM fabrics,which carry a 3- year limited warranty. Should the fabric need to be replaced under the warranty,USA SHADE will manufacture and ship a new fabric at no charge for the first 6 years,thereafter pro-rated at 18%per annum over the last 4 years. • This warranty shall be void if damage to the fabric is caused by contact with chemicals,misuse,vandalism,any Act of God(i.e.hurricane, tornado,micro/macroburst),including,but not limited to,ice,snow,or wind in excess of the applicable building code parameters. • All fabric tops are warranted for winds/gusts up to 90mph and prior to snow or ice accumulation. • All fabric curtains,valances and flat vertical panels are not covered under the warranty. • USA SHADE structures are designed to eliminate friction between the ratters and fabric. The warranty will be voided if any modification or attachment is made to the rafter(s). The fabric wit wear/tear should any object be placed between the rafter and the fabric,voiding the warranty. Proposal—SP1 Page 5 Initials PROPOSAL Remittance address: Corporate Mailing Address: USA Shade&Fabric Structures,Inc. P.O.Box 560168 U SAS H A D E _ P.O.Box 678420 Dallas,TX 75356-0168 &Fabric Structural Ire. tfr1 Ports Dallas,TX 75267-13420 (800)966-5005 A Bland of USA Shade&Fab&Structures,Inc. • Labor for the removal,assembly,and/or freight will be covered for a period of 1 year,where the structures supplied and assembled by USA SHADE are defective. In all cases where the structures are not assembled by USA SHADE,or its agents,all labor for the removal, assembly,and/or freight will be at the customers'expense,and the warranty will only be applicable to the repair or replacement of the defective materials. • USA SHADE reserves the right,in cases where certain fabric colors have been discontinued,to offer the customer a choice of available colors to replace the warranted fabric of the discontinued color. USA SHADE does not warrant that any particular color will be available for any period of time,and reserves the right to discontinue any color for any reason,without recourse by the owner of the discontinued fabric color. Colourshade®FR Febric; • Colourshade®FR fabrics cany a 5-year limited manufacturer's warranty from the date of assembly,against failure from significant fading, deterioration,breakdown,mildew,outdoor heat,cold,or discoloration,with the exception of FR Red and CoobrellaTM fabrics,which carry a 3-year limited warranty. Should the fabric need to be replaced under the warranty,USA SHADE will manufacture and ship a new fabric at no charge for 5 years. • This warranty shall be void if damage to the fabric is caused by contact with chemicals,misuse,vandalism,any Act of God(i.e.hurricane, tornado,micro/macroburst),including,but not limited to,ice,snow,or wind in excess of the applicable buiking code parameters. • All fabric tops are warranted for winds/gusts up to 90mph and prior to snow or ice accumulation. • Alt fabric curtains,valances and flat vertical panels are not covered under the warranty. • USA SHADE structures are designed to eliminate friction between the rafters and fabric.The warranty will be voided if any modification or attachment is made to the rafter(s).The fabric will wear/tear should any object be placed between the rafter and the fabric,voiding the warranty. • Labor for the removal,assembly,and/or freight will be covered for a period of 1 year,where the structures supplied and assembled by USA SHADE are defective. In all cases where the structures are not assembled by USA SHADE or its agents,all labor for the removal, assembly and/or freight will be at the customers'expense,and the warranty will only be applicable to the repair or replacement of the defective materials. • USA SHADE reserves the right,in cases where certain fabric colors have been discontinued,to offer the customer a choice of available colors to replace the warranted fabric of the discontinued color. USA SHADE does not warrant that any particular color will be available for any period of time and reserves the right to discontinue any color for any reason,without recourse by the owner of the discontinued fabric color. NOTE ShadesureTM and Colourshade®FR fabric warranties cover fabric tops up to 40'in length. Fabric taps over 40'in length are covered by a non- prorated 5-year warranty. Additionally,fabric talcs made from other fabric types(ie.SunbrellatD)will include their respective manufacturer's warranty. Shadesure and Codbxella are trademarks of USA SHADE&Fabric Strictures,Inc. Colourshade is a registered trademark of MuItN nit Pty.Ltd. Sunbretla is a registered trademark of Glen Raven Custom Fabrics,LLC. Steal: • The structural integrity of the steel is warranted for 10 years. • Workmanship and powder coated surfaces are warranted for 1 year. • This warranty shall be void if damage to the steel frame is caused by misuse,vandalism,any Act of God(i.e.hurricane,tornado, micro/macroburst),including,but not limited to,ice,snow,or wind in excess of applicable building code parameters. Thread; • USA SHADE warranties its sewing thread for a period of 8 years. • The thread will be free from defects in material/workmanship and will not be damaged by exposure to sunlight,weather,or water. • This warranty does not cover damage from fire,cuts,vandalism,misuse,or any Act of God(I.e.hurricane,tornado,micro/macroburst), indudng,but not limited to,ice,snow,or wind in excess of the applicable budding code. • Labor for the removal,assembly and/or freight of tops with damage caused by thread will only be covered in instances where USA SHADE has assembled the unit. In aN cases where units where not assembled by USA SHADE,all labor for the removal,assembly and/or freight wiN be for the customers account and the warranty will only be applicable to the repair or replacement of defective materials. 17) AssembMnsWlation; • Company will notify Purchaser of the scheduled assembly date.Owner agrees to have an owner representative meet the assembly crew at the job site on the scheduled assembly date to verify the exact location where the Structure(s)is to be placed • Labor for the removal,assembly and/or freight charges will only be covered by Company in instances where the Structures supplied and installed by Company are determined by the Company to be defective.In all cases where Structures are not installed by Company,all labor for the removal,assembly and/or freight of the Structures will be Purchase?responsibility. Plupesal-SP1 Page 6 Initials PROPOSAL Remittance address: Corporate Mailing Address: _1 " USA Shade&Fabric Structures,Inc. P.O.Box 560168 USASHADE Dallas P.O.Box 678420 ,TX 75267-8420 Dallas,TX 75356-0168 a Febrile Structures.Inc. Niyin Ports (800)966-5005 A Brand al USA Shade&Fabric Structures. • Installation prices are based on a single mobilization charge. If additional mobilization is needed,there will be additional charges. • If the requested Services require Company access to Owners premises Company will be provided access to the Owner's premises free and clear of debris,automobiles or other interference Monday th ru Friday during the hours of 8am to 6pm,and Company will have access to water and electrical facilities during installation. Additional charges will apply if utilities are not easily accessible.All automobiles will be moved prior to C,ornpanys crew beginning any installation. • Company will not be responsible for moving or repairing any underground utility lines such as electrical,telephone,gas,water,or sprinkler lines that may be encountered during installation. • Any additional costs incurred as a result of hard rock conditions requiring extra equipment,utility removal or repair resulting in delay will result in additional charges unless they are detailed on as-built site drawings provided to Company or marked on the ground and communicated to Company in writing prior to fabrication and installation. 18) Installation/Assembly on-site: Where installation/assembly is part of the Services,Purchaser must provide the Company with a detailed drawing prepared by or for the Owner showing exactly where the Structure(s)are to be assembled as well as detailing any obstacles or other impediments that may cause the assembly process to be more difficult.Any fixture(s),e.g.,playground,pools etc.,that the Structure(s)is/are to be assembled over must also be detailed,along with their peak heights(if applicable). 19) Site/Use Review by Purchaser: Company relies on the Purchaser to determine that the Structure(s)ordered are appropriate and safe for the Owner's installation site and/or intended use. Company is not responsible for damages or injuries resulting from collisions by moving objects or persons with the structure post. Company can recommend or supply at additional cost,padding for posts from a third party manufacturer. 20) Preparatory Wodc Where installation/assembly is part of the Services and in the event that the foundation or job site is not suitable or ready for assembly to begin on the scheduled day,a delay of order notification must be sent to Company at least 4 working days before in order to allow Company to reschedule the project.In the event that Company is not notified and incurs an expense in attempting to execute the assembly,a re-mobilization charge may be charged to Purchaser before Company will reschedule the assembly. 21) Delegation:Subcontractors: The Services and the manufacturing and assembly of the Structures may be performed by subcontractors under appropriate agreements with the Company. 22) Force Majeure:impracticability; The Company shall not be charged with any loss or damage for failure or delay in delivering or assembling of the shade Structures when such failure or delay is due to any cause beyond the control of the Company,due to compliance with governmental regulations or orders,or due to any acts of God,strikes,lockouts,slowdowns,wars or shortages in transportation, materials or labor. 23) Dispute Resolution; Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in Dallas,Texas by a single arbitrator selected by the parties or by the American Arbitration Association,and conducted in accordance with the construction industry arbitration rules.Judgment upon the award may be entered in any court having jurisdiction thereof. 24) Entire Agreement No Reliance: This agreement represents and contains the entire agreement between the parties.Prior discussion or verbal representations by the parties that are not contained in this agreement are not part of this agreement. Purchaser hereby acknowledges that it has not received or relied upon any statements or representations by Company or its agents which are not expressly stipulated herein,including.Without limitation any statements as to the Structures,warranties or Services provided hereunder. 25) No Third-Party Beneficiaries:This agreement creates no third party rights or obligations between Company and any other person, including any Owner who is not also a purchaser. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of this Agreement. 26) Govemmo Law: The agreement will be construed and enforced in accordance with the laws of the State of Texas.Venue shall be in a court of appropriate jurisdiction in Collin County,Texas. 27) Assignment: Purchaser may not assign this agreement,by operation of law or otherwise,without the prior written consent of Company. The agreement shall be binding upon and inure to the benefit of the Company and the Purchaser,and their successors and permitted assigns. 28) Materially Increased Coots;Company reserves the right,upon prior written notice to Purchaser,to implement a surcharge for material increases in raw materials,including but not limited to fuel,steel and concrete.Due to the duration of proposals and contracts,Company reserves the rigid to implement this surcharge when it determines that raw material cost increases warrant it. Proposal-SP1 Page 7 Initials PROPOSAL Remittance address: Corporate Mailing Address: k , USA Shade&Fabric Structures, Inc. P.O.Box 560168 USASHADE P.O.Box 678420 Dallas,TX 75356-0168 &Fabr Dallas,TX 7526743420ic Structures. Inc. Ports (800)966-5005 A Brand of USA Shade&Fabric Structures,Inc. Executed to be effective as of the date executed by the Company: PURCHASER: COMPANYCVt City of Wylie USA SIA8B9IC S UCT RES,INC Signature: Signature: By:(Print) By: (Print) . rembock Title: Title: Jhlef Financial Officer Date: Date: January 10,2010 • NOTE: All purchase orders and contracts should be drafted in the name of USA Shade & Fabric Structures, Inc. f e f:: • 1,* ..... ............... avEN C.mom W ION—W1. ... W ...... .. ....... le*El L%I.°51 Ths Proposal—SP1 Page 8 Initials Exhibit"C" CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE ONLY Government Code by a person doing business with the governmental entity. Date RecaK•ed 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. 11 Name of person doing business with local governmental entity. • USA Shade& Fabric Structures, Inc. 7 Check this box if you are filing an update to a previously filed questionnaire. (The taw requires that you file an updated completed questionnaire with the appropriate filing authority not later than September'I of the year for which an activity described in Section 176.006(a),Local Government Code,is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. NONE ,11 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. NONE tr, .212-:02 • . CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5_1 Name of local government officerwith whom filer has affiliation or business relationship. (Complete this section only lithe answer to A,B,or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer win whom the flier has affiliation or. business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? Yes XX 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? Yes )O( No C. Is the tiler of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director,or holds an ownership of 10 percent or more? • Yes XI No D. Describe each affiliation or business relationship. Describe any other affiliation or business relationship that might cause a conflict of interest. NONE 2-5 ° Signa e of erson doing business with the governmental entity Date ArwsrIcri IBTX Risk Services if outiin PAWaint',, ',Ialij,4Clitriit VL:i0.3411,1 February 25, 2010 Michael B. Sferra Public Services Director City of Wylie 949 Hensley Lane Wylie, TX 75098 RE: USA Shade & Fabric Structures, Inc. Dear Michael: We are providing this information at the request of USA Shade & Fabric Structures, Inc. We have been providing surety bonds for USA Shade & Fabric Structures, Inc. since 2006. We have approved bonds for them covering jobs up to S6,000,000 and potential work programs of S12,000,000. If a contract for this project is awarded to USA Shade & Fabric Structures, Inc. within the next ninety(90) days from the date of this letter, we would be willing to favorably consider the issuance of the required performance and payment bonds subject to our satisfaction with: • The contract documents, and • USA Shade & Fabric Structures, Inc.'s ability to satisfy other underwriting considerations. Any arrangement for bonds required by the contract is a matter between USA Shade & Fabric Structures, Inc. and the surety. We assume no liability to you or third parties if for any reason we can not execute these bonds. Sincerely, ea-A_ Michael Hendrickson Attorney In Fact Western Surety Continental Casualty Company II i h'Io-S41 1 ACORD , CERTIFICATE OF LIABILITY INSURANCE DATE(M MiDDNYYY) 1/25/2010 PRODUCER Phone: 817-299-3800 Fax: 817-299-3890 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION IBTX Risk Services Hurst ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8701 Bedford Euless Rd. , #450 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Hurst TX 76053 INSURERS AFFORDING COVERAGE 1 NAIC# --- 1 INSURED 1 INSURER A:continental Casualty Co 20443 USA Shade & Fabric Structures, Inc. I : NsuRERB.valle For e Insurance Compan 20508 P.O. Box 560168 Dallas TX 75356 INSURER C:National Fire Insurance of Ha 20478 INSURER D:GOTHAM INS CO 25569 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELCH HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS CF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD*L , 1 POLICY EFFECTIVE 1 POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER i DATE IMMIDDIYY) I DATE(MM/DD/YY1 LIMITS i i B GENERAL LIABILITY CPP20915082091 '8/29/2009 '8/29/2010 EACH OCCURRENCE i$1, 000, 000 1 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY ' PREMISES(Ea occurence) I $200, 000 CLAIMS MADE X OCCUR MED EXP(Any one person) $1 5, 000 PERSONAL&ADV INJURY 1$1, 000, 000 GENERAL AGGREGATE !$2, 000, 000 GE 1 AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000, 000 1 PRO- POLICY 1X JECT i LOC C 1 AUTOMOBILE LABILITY CA2091508212 8/29/2009 8/29/2010 COMBINED SINGLE LIMIT 1$1, o o o, o o o I XANY AUTO (Ea accident) I ALL OWNED AUTOS ! BODILY INJURY $ SCHEDULED AUTOS (Per person) 1 X HIRED AUTOS BODILY INJURY i$ i (Per accident) !X NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ,$ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG;$ • A EXCESS/UMBRELLA LIABILITY CU2091508243 8/29/2009 8/29/2010 EACH OCCURRENCE 1810 000 000 X OCCUR 1 CLAIMS MADE AGGREGATE 1$10, 000, 000 1$ DEDUCTIBLE 1$ IX RETENTION $$10, 0 00 j$ WC STATU- E WORKERS COMPENSATION AND WC2 0 9 1 5 0 8 2 2 6 8/29/2009 1;8/29/2010 X TORY LIMITS EMPLOYERS'LIABILITY WC2089224285 - CA 8/29/2009 I8/29/2010 E.L. ACH ACCIDENT 1$1, 000, 000 ANY PROPRIETOR/PARTNER/EXECU OFFICER/MEMBER EXCLUDECY? TIVE I 10JRH- B E.L.DISEASE-EA EMPLOYEE!$1, 000, 000 , 1 1 If yes(describe under i SPECIAL PROVISIONS below , E.L.DISEASE-POLICY LIMIT ,$1, 000, 000 D OTHER IPL10081309 8/29/2009 8/29/2010 $3,000,000 Occurrence Professional Liability , I $3,000,000 Aggregate , I , rlaims Made ! I , Retro Date 6/1/2007 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION1c) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Wylie WILL ENDEAVOR TC MAIL 10 DAYS WRITTEN NOTICE TO THE 2000 Highway 78 North CERTIFICATE HOLDER NAMED TC THE LEFT, BUT FAILURE TC DO SO Wylie TX 75098 SHALL IMPOSE NO OBLIGATION OR LIABILITY CF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. , . AUTHORIZED REPRESENTATI 1 9hti ACORD 25(2001/08) ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting - Meeting Date: March 9, 2010 Item Number: 10 (City Secretaty's Use Only) Department: Public Services 447-5447-56510 Project 7CA 121-5622-58150 Prepared By: Mike Sferra Account Code: 121-5622-58910 Date Prepared: March 1, 2010 Budgeted Amount: $1,762,500 Exhibits: Contract Documents Subject Consider, and act upon, award of a Professional Services Contract to Teague Nall and Perkins, Inc. in the amount of$243,000 for the design of Community Park Improvements. Recommendation Motion to award a Professional Services Contract to Teague Nall and Perkins, Inc. in the amount of$243,000 for the design of Community Park Improvements. Discussion On April 28, 2009, the City Council chose Teague Nall and Perkins, Inc. as the design firm for the Community Park Improvement project. On November 10, 2009, the City Council authorized the City Manager to enter into a contract with Teague Nall and Perkins, Inc. in the amount of$52,500 for field design survey, preparation of conceptual exhibits, and participation in public meetings related to the project. Based upon the input obtained at two stakeholder meetings in January 2010 and a joint City Council/Park Board meeting held in February 2010, the consultant has submitted a proposed scope and fee for the design and construction phase portions of the project. At the joint City Council/Park Board work session, the consensus was that in addition to the planned improvements for the baseball portion of the park, the project scope should also include several improvements for the football side of the park as well. It was also suggested that several Add Alternate items be incorporated in the design phase so that they could be awarded should the City receive favorable bids or have available funding. The City Attorney has participated in developing and reviewing the professional services agreement. As proposed in the scope, the design phase services include the following park elements in the base bid: • 92 new parking spaces • Replace existing asphalt trail with a new concrete trail • Plaza area in the baseball fourplex with new concession stand/restroom facility • Baseball field improvements consisting of: a Grading, drainage, turf, and irrigation for three fields Page 1 of 2 Page 2 of 2 o Grading, drainage, turf, and irrigation for three fields o Grading and drainage only(Cooper field) o New fencing at four fields o New bleachers and shade structures at four fields o New lighting on the two east fields (Eldridge and Tibbals) and plaza • Grading, drainage, turf, and irrigation for football field#2 • New restroom facility for football • Relocate light pole on football field#4 The proposed Add Alternates that will be designed include: • Football field improvements consisting of: o Press box for fields#1 and#2 o Press box and scoreboard for field#3 o Satellite concession stand addition to restroom • 206 additional parking spaces • Add turf and irrigation to Cooper baseball field The consultant's opinion of probable construction cost for the base bid improvements is approximately $1,645,100. The consultant's opinion of probable construction cost for the Add Alternate improvements is approximately $550,800. Please note that these estimates are based on similar projects and past experience, are general in nature, will be refined as progress in made during the design phase, and can fluctuate given variable market conditions. At this time, it is anticipated that construction can begin after the 2011 spring sports season and be completed prior to the 2012 spring sports season. The consultant and staff will work closely with the sports associations on scheduling the work so that it will have as minimal an impact as possible on the use of the facility. Approved By Initial Date Department Director MS March 1, 2010 City Manager ' F`E T ALL ND R Civi;'engineering Surveying _ancscagercr;tecture Planning AGREEMENT FOR PROFESSIONAL SERVICES PROJECT NAME: Community Park Improvements CONSULTANT PROJECT NUMBER: WYL10 CLIENT: City of Wylie ADDRESS: Attn: Mr. Mike Sferra Public Services Director 949 Hensley Lane Wylie, TX 75098 THIS AGREEMENT is made and entered into by and between the City of Wylie, Texas, a Home-Rule Municipal Corporation ("City"), and Teague Nall and Perkins, Inc. ("Consultant"), to be effective from and after the date as provided herein ("Agreement'). Article 1 AGREEMENT PROVISIONS Agreement provisions are attached hereto as Exhibit "A" and incorporated herein for all purposes. Article 2 SCOPE OF SERVICES Provide civil engineering, architecture, electrical, and survey services for the Community Park Improvements ("Project"). A detailed scope of services is attached hereto as Exhibit "B" and incorporated herein for all purposes. Article 3 COMPENSATION 3.1 BASIC SERVICES: The City agrees to pay the Consultant a fixed fee of two-hundred and forty- three thousand and 00/100 dollars ($ 243,000.00) for Basic Services as outlined in Exhibit "B". Compensation is based upon the design of the specified Project improvements as stated. Basic Services shall be billed monthly based on the percentage of work complete. Engineering site design $193,500.00 Architectural design $ 30,000.00 Field Design Survey $ 2,000.00 Lighting Design $ 17,500.00 3.2 ADDITIONAL SERVICES: Shall be any service provided by the Consultant which is not specifically included in Basic Services. Additional Services shall include, but shall not be limited to those listed in Exhibit "B", Section G. 569630-I Additional Services shall be reimbursed at standard Consultant hourly rates or Consultant standard rates for direct expense items provided in-house, or direct expenses times a multiplier of 1.10 for non-labor and subcontract charges. 3.3. PAYMENT TERMS: City shall be billed monthly for services rendered and pay promptly upon receipt of invoice. Delays of transmitting payments to Consultant more than thirty (30) days from invoice date may result in cessation of services until payment is received. Article 4 SCHEDULE The proposed services shall begin within ten (10) working days of authorization to proceed. Consultant shall endeavor to provide services in accordance with the provided preliminary schedule, dated February 2010. It is understood that Consultant's ability to perform the scope of services is dependent upon timely receipt of information supplied by others. Adjustments in schedule will be required should additional services be requested or should information or reviews be delayed, so long as submissions are in accordance with a normal industry standard of care for such submittals. Consultant is not responsible for delays resulting from review or permitting times, nor from other scheduling delays not caused by the Consultant. Article 5 AGREEMENT DOCUMENTS AGREEMENT DOCUMENTS: The "Agreement Documents", as that term is used herein, shall include the following documents, and this Agreement does hereby expressly incorporate same herein as if fully set forth verbatim in this Agreement: A. This Agreement; B. Agreement Provisions, attached hereto as Exhibit "A"; C. Scope of Services, attached hereto as Exhibit "B"; D. City of Wylie Insurance Guidelines, attached hereto as Exhibit "C"; and E. Conflict of Interest Questionnaire, attached hereto as Exhibit "D". To the extent that Exhibit "A" or Exhibit "B" or Exhibit "C" or Exhibit "D" are in conflict with provisions of this Agreement or each other, the provisions of this Agreement, then the provisions of Exhibit "A", shall prevail in that order, followed by Exhibit "B" and Exhibit "C" and Exhibit "D". 569630-1 2 ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Documents Property of the City—The Project is the property of the City, and Consultant may not use the documents, plans, data, studies, surveys, drawings, maps, models, reports, photographs, and/or any materials for any other purpose not relating to the Project without City's prior written consent. City shall be furnished with such reproductions of the Project, plans, data, documents, maps, and any other information as defined in Exhibit "B." Upon completion of the work, or any earlier termination of this Agreement under Article 10 and/or the Agreement Provisions, Consultant will revise plans, data, documents, maps, and any other information as defined in Exhibit "B" to reflect changes while working on the Project through the date of completion of the work, as solely determined by City, or the effective date of any earlier termination of this Agreement under Article 10 and/or the Agreement Provisions, and promptly furnish the same to the City in an acceptable electronic format. All such reproductions shall be the property of the City who may use them without the Consultant's permission for any purpose relating to the Project, including, but not limited to, completion of the Project, and/or additions, alterations, modifications, and/or revisions to the Project. Any reuse of the documents not relating to the Project shall be at the City's own risk. 6.2 Documents Subject to Laws Regarding Public Disclosure — Consultant acknowledges that City is a governmental entity and that all documents, plans, data, studies, surveys, drawings, maps, models, reports, photographs, and/or any items prepared or furnished by Consultant (and Consultant's professional associates and/or Sub-consultants) under this Agreement are instruments of service in respect of the Project and property of the City and upon completion of the Project shall thereafter be subject to the Texas Public Information Act (Texas Government Code, Chapter 552) and any other applicable laws requiring public disclosure of the information contained in said documents. ARTICLE 7 CONSULTANT'S INSURANCE REQUIREMENTS 7.1 Required General Liability Insurance — Consistent with the terms and provisions of Exhibit "C," City of Wylie Contractor Insurance Guidelines, Consultant shall maintain, at no expense to City, a general liability insurance policy with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s), authorized to transact business in the State of Texas, in an amount not less than One Million and 00/100 Dollars ($1,000,000.00) for each occurrence, and Two Million and 00/100 Dollars ($2,000,000.00) in the aggregate. Such policy shall name the City, its officers, agents, representatives, and employees as additional insured as to all applicable coverage. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent that same is covered by the proceeds of the insurance. Such policy shall require the provision of written notice to City at least thirty (30) days prior to cancellation, non-renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. Consultant shall furnish City with certificates evidencing such coverage prior to commencing work on the Project. 7.2 Required Professional Liability Insurance — Consistent with the terms and provisions of Exhibit "C," City of Wylie Contractor Insurance Guidelines, Consultant shall maintain, at no expense to City, a professional liability (errors and omissions) insurance policy with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s), authorized to transact business in the State of Texas, in an amount not less than One Million and 00/100 Dollars ($1,000,000.00) for each claim, and Two Million and 00/100 Dollars ($2,000,000.00) in the aggregate. Such policy shall require the provision of written notice to City at least thirty (30) days prior to cancellation, non-renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. Consultant shall furnish City with certificates evidencing such coverage prior to commencing work on the Project. 569630-1 3 7.3 Required Workers Compensation Insurance — Consistent with the terms and provisions of Exhibit "C," City of Wylie Contractor Insurance Guidelines, Consultant shall maintain, at no expense to City, all Statutory Workers Compensation Insurance as required by the laws of the State of Texas. Such insurance policy shall be with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent service(s), and authorized to transact business in the State of Texas. Such policy shall require the provision of written notice to City at least thirty (30) days prior to cancellation, non-renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. Consultant shall furnish City with certificates evidencing such coverage prior to commencing work on the Project. 7.4 Circumstances Requiring Umbrella Coverage or Excess Liability Coverage — If Project size and scope warrant, and if requested by the City of Wylie, Consultant shall maintain, at no expense to the City, an umbrella coverage or excess liability coverage insurance policy with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s), authorized to transact business in the State of Texas, in an amount of Two Million and 00/100 Dollars ($2,000,000.00), per occurrence. Such policy shall require the provision of written notice to the City at least thirty (30) days prior to cancellation, non-renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. Consultant shall furnish City with certificates evidencing such coverage prior to commencing work on the Project. ARTICLE 8 CONSULTANT'S ACCOUNTING RECORDS Records of Direct Expenses and expenses pertaining to services performed in conjunction with the Project shall be kept on the basis of generally accepted accounting principles. Invoices will be sent to the City as indicated in Article 3.4. ARTICLE 9 AUDITS AND RECORDS /VENDOR DISCLOSURE The Consultant agrees that at any time during normal business hours and as often as the City may deem necessary, Consultant shall make available to representatives of the City for examination all of its records with respect to all matters covered by this Agreement, and will permit such representatives of the City to audit, examine, copy and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement, and for a period of four (4) years from the date of final settlement of this Agreement or for such other or longer period, if any, as may be required by applicable statute or other lawful requirement. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit "D" and incorporated herein for all purposes. ARTICLE 10 TERMINATION OF AGREEMENT/ REMEDIES As provided for in the Agreement Provisions, either Party may, upon ten (10) days written notice to Consultant, terminate this Agreement, for any reason or no reason at all, before the termination date hereof, and without prejudice to any other remedy it may have. If City terminates this Agreement due to a default of and/or breach by Consultant and the expense of finishing the Project exceeds the Consultant's Fee at the time of termination, Consultant waives its right to any portion of Consultant's Fee as set forth in Article 3 herein. On any default and/or breach by Consultant, City may elect not to terminate the Agreement, and in such event it may make good the deficiency in which the default consists, and deduct the costs from the Consultant's Fee due 569630-1 4 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 11 DISPUTE RESOLUTION / MEDIATION In addition to all remedies at law, the parties may resolve/mediate any controversy, claim or dispute arising out of or relating to the interpretation or performance of this Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually acceptable mediator. ARTICLE 12 INDEMNITY CONSULTANT SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), TO THE EXTENT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL WRONGFUL ACT AND/OR OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM CONSULTANT IS LEGALLY RESPONSBILE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY CONSULTANT PURSUANT TO THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF THE CITY (HEREINAFTER "CLAIMS"). THIS INDEMNIFICATION PROVISION AND THE USE OF THE TERM "CLAIMS" IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN CONSULTANT AND ITS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH THE CONSULTANT, INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. CONSULTANT IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS; PROVIDED, HOWEVER, IF A COURT OF COMPETENT JURISDICTION SIGNS A JUDGMENT THAT BECOMES FINAL AND NON-APPEALABLE, DETERMINING THAT THE CITY(WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE NEGLIGENCE FOR THE CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS (THE "JUDGMENT"), THEN CONSULTANT IS NOT REQUIRED TO INDEMNIFY OR DEFEND THE CITY TO THE EXTENT OF THE NEGLIGENCE APPORTIONED TO THE CITY FOR EACH CAUSE(S) OF ACTION IDENTIFIED IN THE JUDGMENT. IN THE EVENT THE JUDGMENT PROVIDES THAT CITY IS JOINTLY, CONCURRENTLY, OR SOLELY NEGLIGENT FOR THE CLAIMS REFERRED TO THEREIN, CITY AGREES TO REIMBURSE CONSULTANT FOR ALL REASONABLE AND NECESSARY COSTS INCURRED 569630-1 5 AND PAID BY CONSULTANT THAT ARE ATTRIBUTABLE TO CITY'S PERCENTAGE OF JOINT, CONCURRENT, OR SOLE NEGLIGENCE, AS SET FORTH IN THE JUDGMENT, INCLUDING REASONABLE AND NECESSARY ATTORNEY'S FEES AND EXPENSES, TO CONSULTANT WITHIN SIXTY (60) DAYS OF THE DATE OF THE JUDGMENT (THE "REIMBURSEMENT ALLOCATION"). IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY CONSULTANT IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF CONSULTANT'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF CONSULTANT'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. CONSULTANT SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF CONSULTANT FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND CONSULTANT SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. THE RIGHTS AND OBLIGATIONS CREATED BY THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. ARTICLE 13 NOTICES Consultant agrees that all notices or communications to City permitted or required under this Agreement shall be delivered to City at the following addresses: City of Wylie Attn: City Manager 2000 Highway 78 North Wylie, Texas 75098 City agrees that all notices or communication to Consultant permitted or required under this Agreement shall be delivered to Consultant at the following addresses: Teague Nall and Perkins, Inc. Attn: Mark J. Holliday, P.E. 12160 North Abrams Road Suite 508 Dallas, Texas 75243 Any notice provided in writing under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. All notices or communication required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date such notice or communication is postmarked by the sending party. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other party in accordance with the provisions of this Agreement. ARTICLE 14 MISCELLANEOUS 14.1 Assignment and Subletting — The Consultant agrees that neither this Agreement nor the work to be performed hereunder will be assigned or sublet without the prior written consent of the City. The Consultant further agrees that the assignment or subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Consultant of its full obligations to the City as provided by this Agreement. All such approved work performed by assignment or subletting shall be billed through Consultant, and there shall be no third party billing. 569630-1 6 14.2 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. 14.3 Severability— In the event a term, condition, or provision of this Agreement is determined to be invalid, illegal, void, unenforceable, or unlawful by a court of competent jurisdiction, then that term, condition, or provision, shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained herein. 14.4 Venue — This entire Agreement is performable in Collin County, Texas and the venue for any action related, directly or indirectly, to this Agreement or in any manner connected therewith shall be in Collin County, Texas, and this Agreement shall be construed under the laws of the State of Texas. 14.5 Execution / Consideration — This Agreement is executed by the parties hereto without coercion or duress for any substantial consideration, the sufficiency of which is forever confessed. 14.6 Authority — The individuals executing this Agreement on behalf of the respective parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the other party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 14.7 Waiver—Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel strict compliance. 14.8 Headings — The headings of the various sections of this Agreement are included solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. 14.9 Multiple Counterparts —This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 14.10 Sovereign Immunity — The parties agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 14.11 Additional Representations — Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had the opportunity to confer with its counsel. 14.12 Miscellaneous Drafting Provisions — This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. 14.13 No Third Party Beneficiaries - Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. 14.14 Indemnity— The parties agree that the Indemnity provision set forth in Article 12 herein is conspicuous and the parties have read and understood the same. 569630-1 7 14.15 Appropriation of Funds — Funds are not presently budgeted for City's performance under this Agreement beyond the end of the City's 2009-2010 fiscal year. City will give Consultant sixty days (60) notice if funds for City's performance are not budgeted to continue beyond that time. City shall have no liability for payment of any money for services performed after the end of City's 2009-2010 fiscal year unless and until such funds are budgeted. IN WITNESS, WHEREOF, we, the contracting parties, by our duly authorized agents, hereto affix our signatures and seals as of this the day of March, 2010. Approved by CITY: Accepted by CONSULTANT: City of Wylie Teague Nall and Perkins, Inc. By: By: Title: Title: Date: Date: By: Title: Date: 569630-1 8 Exhibit "A" AGREEMENT PROVISIONS 1. AUTHORIZATION TO PROCEED method for dispute resolution between the parties to those agreements. Signing this Agreement shall be construed as authorization by CITY for CONSULTANT, to proceed with the work, unless otherwise provided for in this 9. LEGAL EXPENSES Agreement. In the event legal action is brought by CITY or CONSULTANT against the other to enforce any of the obligations hereunder or arising out of any dispute concerning 2. LABOR COSTS the terms and conditions hereby created,the losing party shall pay the prevailing CONSULTANT, Labor Costs shall be the amount of salaries paid CONSULTANT, party such reasonable amounts for fees,costs and expenses as may be set by the employees for work performed on CITYS Project plus a stipulated percentage of court. such salaries to cover all payroll-related taxes,payments,premiums,and benefits. 10. PAYMENT TO CONSULTANT 3. DIRECT EXPENSES Monthly invoices will be issued by CONSULTANT for all work performed under the CONSULTANT,Direct Expenses shall be those costs incurred on or directly for the terms of this Agreement. Invoices are due and payable on receipt. If payment is CITY's Project,including but not limited to necessary transportation costs including not received within thirty(30)days of invoice date,all work on CITY's project shall mileage at CONSULTANT,current rate when its,or its employee's,automobiles are cease and all work products and documents shall be withheld until payment is used, meals and lodging, laboratory tests and analyses, computer services, word received by CONSULTANT. Time shall be added to the project schedule for any processing services,telephone, printing and binding charges. Reimbursement for work stoppages resulting from CITY's failure to render payment within 30 days of these expenses shall be on the basis of actual charges when furnished by invoice date.Interest at the rate of 1'Y2%per month will be charged on all past-due commercial sources and on the basis of usual commercial charges when furnished amounts,unless not permitted by law,in which case,interest will be charged at the by CONSULTANT. highest amount permitted by law. 4. OUTSIDE SERVICES 11. ADDITIONAL SERVICES When technical or professional services are furnished by an outside source,when Services not specified as Basic Services in Scope and Attachment "B" will be approved by CITY, an additional amount shall be added to the cost of these provided by CONSULTANT as Additional Services when requested by City. The services for CONSULTANT,Inc.'s administrative costs,as provided herein. City agrees upon execution of this Agreement that written authorization will be required before proceeding.Additional services will be paid for by City as indicated 5. OPINION OF PROBABLE COST in Article 3,Compensation In providing opinions of probable cost, the CITY understands that CONSULTANT has no control over costs or the price of labor,equipment,or materials,or over the 12. SURVEYING SERVICES Contractor's method of pricing,and that the opinions of probable cost provided to In accordance with the Professional Land Surveying Practices Act of 1989,the City CITY are to be made on the basis of the design professional's qualifications and is informed that any complaints about surveying services may be forwarded to the experience. CONSULTANT makes no warranty, expressed or implied, as to the Texas Board of Professional land Surveying, 12100 Park 35 Circle, Building A, accuracy of such opinions as compared to bid or actual costs. Suite 156,MC-230,Austin,Texas 78753,(512)239-5263. 6. PROFESSIONAL STANDARDS 13. LANDSCAPE ARCHITECT SERVICES CONSULTANT shall be responsible, to the level of competency presently The Texas Board of Architectural Examiners has jurisdiction over complaints maintained by other practicing professional engineers in the same type of work in regarding the professional practices of persons registered as landscape architects the State of Texas, for the professional and technical soundness, accuracy, and in Texas. The City is informed that any complaints about landscape architecture adequacy of all design, drawings, specifications, and other work and materials services be forwarded to the Texas Board of Architectural Examiners, Hobby furnished under this Agreement. CONSULTANT makes no other warranty, Building:333 Guadalupe,Suite 2-350,Austin,Texas 78701,Telephone(512)305- expressed or implied. 9000,Fax(512)305-8900. 7. TERMINATION 14. INVALIDITY CLAUSE Either CITY or CONSULTANT may terminate this Agreement by giving ten (10) In case any one ore more of the provisions contained in this Agreement shall be days written notice to the other party. In such event CITY shall forthwith pay held illegal,the enforceability of the remaining provisions contained herein shall not CONSULTANT in full for all work previously authorized and performed prior to be impaired thereby. effective date of termination. If no notice of termination is given,relationships and obligations created by this Agreement shall be terminated upon completion of all 15. PROJECT SITE SAFETY applicable requirements of this Agreement. CONSULTANT has no duty or responsibility for project site safety. 8. MEDIATION 16. CONSTRUCTION MEANS AND METHODS JOBSITE SAFETY In an effort to resolve any conflicts that arise during the design or construction of Means and methods of construction and jobsite safety are the sole responsibility of the project or following the completion of the project, the CITY and the the contractor. CONSULTANT agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbonding mediation unless the parties 17. DRAINAGE CLAUSE mutually agree otherwise. CONSULTANT, in the performance of its services may be required to assess the impact of the Project on neighboring property owners. The parties to this The CONSULTANT further agree to include a similar mediation provision in all Agreement recognize that the development of real property has the potential to agreements with independent contractors and Consultants retained for the project increase water runoff on downstream properties, and that such increase in runoff and to require all independent contractors and Consultants retained also to include increases the possibility of water damage to downstream properties. a similar mediation provision in all agreements with subcontractors,subconsultants, suppliers or fabricators so retained,thereby providing for mediation as the primary 569630-I 9 EXHIBIT "B" ITEMIZED SCOPE OF SERVICES Teague Nall and Perkins, Inc., (Consultant) shall render the following professional services (BASIC SERVICES) necessary for the development of the Project. In a previous services agreement, TNP completed a review of the current park facilities and proposed bond improvement plan, led two stakeholder meetings, attended one Parks Board meeting, and made one presentation to a joint City Council and Parks Board meeting. For each of these meetings TNP prepared varying concept plans for the park improvements. City representatives have reviewed the completed layout alternatives, and were provided input from various stakeholders of the park. Those that primarily voiced their requests were Wylie Baseball Association (WBA) and Wylie Football League (WFL). City representatives believe a broader use of the available funds from the 2005 Bond Program is the most appropriate way to approach the park improvements. Understanding the fund limits dedicated to Community Park, but with anticipation of additional funding from other potential sources, it is the general consensus of the City to prepare construction plans for enough facility improvements so that the project can be bid with 'add alternates' so that more users of the park potentially benefit. A. Design Elements Additions to proposed improvements described once design has started will be considered additional services. Plans will include conceptual design of a new parking lot (approx 300 spaces) in accordance with the master plan drawing. In addition, conceptual grades will be established for the north lot and access drive from the Wylie ISD property. Design will be in accordance with City design requirements and meet TDLR requirements. Full design construction plans will be prepared for a "base bid package" and "add alternate package" parking plan per the City's decision of how much parking to include in each. Once the parking plans are developed, TNP shall provide appropriate design for the interim grading for areas of any future parking expansion. TNP will coordinate with Atmos Gas and Explorer Pipeline regarding design and permitting of proposed improvements within the existing easements. Also included will be design of a new concrete trail to replace the existing asphalt trail. The new trail will be 8' wide around the perimeter of the park. Smaller 4' to 6' sidewalks will be designed around the perimeter of parking areas as necessary. The trail revisions will include all existing routes around and within the baseball and t-ball field complex, and around the existing football fields. Design will be in accordance with City design requirements and meet TDLR requirements. Plans will include reconstruction of the restroom/concession facility, and necessary water/sewer and electrical improvements per the following architectural scope: • For the baseball fourplex facility, architect will provide Schematic Design drawings (floor plan and exterior elevations) for Consultant and City review and approval. Services include attendance at one City Council meeting. • Upon approval of Schematic Design, Architect will provide Design Development drawings (including MEP and Structural) for Consultant and City review and approval. • Upon approval of Design Development drawings, Architect will provide Construction Documents and Specifications for: • Architectural requirements • Structural requirements • Mechanical, Electrical, and Plumbing (MEP) requirements • Architect's and Architect's Consultants' scope extends to 5' outside of building envelope. • Architect's documents will be included in Consultant's overall set of Construction Documents. • Architect will provide the following during the Bidding and Construction Observation phases of the project: 569630-1 10 • Architect will answer questions from bidders regarding clarifications to the Drawings and Specifications • Architect will attend (if necessary) a pre-bid conference to answer questions from bidders • Architect will provide documentation for Addenda (if required). • Architect will provide documentation for Change Orders (if required). • Architect will provide six (6) trips to the job site to observe the construction progress, including a final punch list/final observation trip for acceptance of the completion of construction. Plans will include design improvements for the main baseball fourplex, including the following: • Demolition plan for the fourplex field area • New grading plan for each of the four primary fields • The design for each field area is to be conical grading to improve drainage conditions, and allow collection of runoff into perimeter underground systems. Field areas will have turf in the infield and outfield, and minimized skinned (dirt) areas as shown in the concept plans. • Irrigation plans will be included to meet the needs of the new turf surfaces. It is anticipated that existing irrigation systems will not be included in the new system and be removed when necessary. • Field dimensions will be as shown on the concept plan, as will be the plaza area between fields. This will include replacement of backstop and dugout fencing to accommodate the site's new grading/drainage, and the proposed plaza area and restroom/concession facilities. • Existing bleachers will be replaced to meet more current seating capacity and safety needs. Specifications for covered shade structures will also be included in the bid documents unless the City contracts directly with supplier. • Included will be pertinent details as related to the construction of the playing surfaces and a written performance specification for the laser grading of the project, and other written standard specifications as required for the project. Plans will include design of field lighting improvements in accordance with City ordinances and sports field standards. All aspects of the lighting improvements will be designed; however, it is anticipated that existing lighting will be used in their current location for the two western fields. New foundations will be constructed for the two eastern fields, and new lighting structures will be included in the bid documents unless the City contracts directly with the supplier. The scope of lighting improvements will be defined as follows: • Attend up to three (3) design/coordination meetings. • Site investigation to identify existing conditions. • Electrical demolition drawings as required. • Coordination with local utility company to provide upgraded electric service to the site if required. • Site Plan showing electrical power distribution, service and distribution equipment. • New lighting and power design for four (4) baseball fields; or new lighting and power design for two (2) fields and plaza, and an electrical plan to reuse existing light poles/lighting on two (2) fields. • Lighting levels shall be designed to 50fc infield and 30fc outfield "maintained". Point-by-point foot- candle printouts will be provided for the new fields. • Parking lot, walkway, warm up and security lighting layout and conduit plan shall be provided. Actual lighting package in construction bid phase is to be determined. • Power and controls for baseball scoreboards. • Electrical service feeder to (1) new Restroom/Concession building. • Provide specifications required by incorporation on the drawings or in 81/2" x 11"format. • Construction Phase Services included as part of Basic Services are submittal review, (2) construction site observations and engineering field reports. • Provide relocation plan for the existing light pole located within Field #4. Plans will include design improvements for the four football fields, including the following: • Provide design/topographical survey within the limits of the four football fields located east of the existing parking lot. • Provide conceptual grading plan for each of the four fields, and a detailed grading plan for the field(s) specified to be included in phase one construction plans. • Provide design for concrete trail and restroom facility foundation and utilities between Fields #2 and 569630-1 11 #3, with possible option to expand design to include concession facility within structure. B. Construction Survey Survey shall establish control for construction; however, construction staking is not included in this scope of work and shall be the responsibility of the contractor. C. Deliverables • Plans and construction estimates for the full design of all elements listed above will be submitted at sixty percent (60% - preliminary) for one review by the City. The Consultant shall be provided with all review comments from all required reviewing departments at a single plan review meeting/delivery. • Upon receipt of all review comments, the Consultant shall commence preparation of ninety percent (90%) complete plans. Consultant shall meet one time with City staff to discuss comments, review cost estimate and determine limits of Phase One base bid and identify bid alternates. • Consultant will commence preparation of ninety-five (95% - final) plans and provide specifications for one review by the City prior to completing 100% plans for advertisement/bidding. • Additional meetings, public meetings and presentations will be done on an hourly reimbursable basis as additional services. • Plan deliverables at each submittal shall be two full size (22"x 34") and two half size (11"x17") sets of plans for review. Up to twenty (20) sets of bidding documents will be produced for contractors to purchase. D. TDLR Submittals Consultant shall submit plans for TDLR review and provide payment for submittal/inspection fees, and be reimbursed by the City. F. Bid and Construction Phase Services This work will consist of providing assistance to the City during the City's administration of the bidding process and subsequent construction. The work by the Consultant will be limited as follows: • The Consultant will assist the City in the advertisement of the Project for bid. The City shall bear the cost of advertisement. The Consultant shall provide the necessary printing of specifications and Agreement documents (up to 20 sets) for use in obtaining bids, awarding contracts, and constructing the Project. The Consultant shall be responsible for distributing all bid documents from its office to prospective bidders for purchase. The Consultant shall submit with bid documents to the City for prior review and approval before letting them out for bid. • The Consultant will attend five meetings with the City and prospective bidders: mandatory pre-bid, bid- opening, two low-bidder interviews, and pre-construction. • The Consultant will prepare bid tabulations, and addendums required to address any issues requiring change, correction and/or clarification.\ • After selection of Contractor(s) and award of contract(s) by the City, the Consultant will assist in the preparation of formal contract documents required to initiate construction. • The Consultant will make occasional site visits to observe overall Project conditions, normally up to once a week during construction and monthly during establishment, or when specifically requested by City to visit on site for a particular matter. This function shall not be construed as supervision of the Project and does not involve exhaustive or continuous on-site inspection to check the quality or quantity of the work or material; nor does it place any responsibility on the Consultant for the techniques and sequences of construction or the safety issues incident thereto, and Consultant will not be responsible or liable in any degree for the Contractor's failure to perform the construction work in accordance with the Agreement Documents. • The Consultant will review change orders as requested for City approval. • The Consultant will, with assistance from the City's Inspector on the project(s), review and process monthly and final pay requests from the Contractor(s) to the Client. The Consultant is not responsible 569630-I 12 for verifying constructed quantities of materials. • The Consultant will attend with the City and Contractor, one walk-through site visit upon substantial completion of initial construction and provide a "punch list" of deficient items to the Contractor(s) for items within the Consultant's design scope. • The Consultant will attend with the City and Contractor one final walk-through site visit to verify completion of punch list. G. Exclusions/Additional Services Services not specifically identified as Basic Services above shall be considered additional and shall be performed on an individual basis upon authorization by the City. Additional Services shall be reimbursed by the Client on an hourly reimbursable basis, unless otherwise mutually agreed. Such services shall include, but are not limited to, the following: • Preparation of presentation graphics and exhibits; • Park theming and other architectural improvements; • Entry features and landscaping; • Artwork or commissioning of artwork; • Design and plan preparation of additional park improvements that are not listed in Section A; • Any additional meetings, presentations and field visits not specified in this scope of services; • Engineering design of retaining walls, soil conditioning plans, and water features; • Geotechnical soil testing or borings; • Construction staking; staking of floodplain or boundary lines; • Special floodplain studies for FEMA flood plain map amendments; • Additional reviews, revisions, and meetings other than those included in Basic Service above; • Design of water, sewer, and drainage facilities other than those necessary for the proposed concession/restroom facilities; • Traffic studies; • Environmental impact statements, evaluation or permitting; • Preparation of easement or right of way documents; • Construction observation on-site services; • Development of more than one plan / specification packages for construction (example: parking lot bid package and field improvement package); • Re-bidding and/or changes in bid documents after initial bidding of the project (other than change orders during construction); • Design of any feature or improvement not specifically identified in Basic Services; • Revisions to layouts, alignments, and site plan once preparation of design plans begin; • Agreement services occurring beyond twenty-four (24) months of Agreement execution shall allow for Agreement amendment for additional compensation, for delays outside of the Consultant's control; • Survey and or design beyond those areas described; • Platting and zoning preparation; • Property research and real property surveying for easements, right-of-ways or plats; • Preparation of real property acquisition/transfer documents or exhibits; • Trips and meetings beyond a fifty (50) mile radius of Wylie; and • Subcontract charges, photocopies, plan reproduction, computer charges, etc. not described in Basic Services. 569630-1 13 Exhibit"C" CITY OF WYLIE INSURANCE GUIDELINES I. REQUIREMENT OF GENERAL LIABILITY INSURANCE — A. Such policy shall name the City, its officers, agents, representatives, and employees as additional insured as to all applicable coverage with the exception of workers compensation insurance. 1. Such policy shall require the provision of written notice to City at least thirty (30) days prior to cancellation, non-renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. 2. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of the insurance. II. INSURANCE COMPANY QUALIFICATION — All insurance companies providing the required insurance shall be authorized to transact business in the State of Texas, and shall have a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s). III. CERTIFICATE OF INSURANCE — A Certificate of Insurance evidencing the required insurance shall be submitted with the contractor's bid or response to proposal. If the contract is renewed or extended by the City a Certificate of Insurance shall also be provided to the City prior to the date the contract is renewed or extended. 569630-1 14 Exhibit "D" CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter '176 of the Local OFFtCE USE ONLY Government Code by a person doing business with the governmental entity. oe Recelve,7: By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code,An offense under this section is a Class C misdemeanor. Name of person doing business with local governmental entity. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you Me an updated completed questionnaire with the appropriate filing author4 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 7tn business day after the date the originallk,i'filed wesflonnatre 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. ,21_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. 569630-I 15 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 LI' Name of local government officer with whom filer has affilitation or business relationship. (Complete this section only if the answer to A,B,or Cis YES,) This section. itern 5 including subparts A, B, C D. must be completed for each officer with whom the tiler has affillabon or business relationship. Attach adaltional pages to irks Form GIG as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? Yes No 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? YesNo 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 rnore? Yes No D. Describe each affiliation or business relationship. Describe any other affiliation or business relationship that might cause a conflict of interest11 Signature of person doing business with the govemireintal entigy Date 569630-I 16 Community Park•Wylie,Texas OPTION 2 WITH ADD ALTERNATES Opinion of Probable Construction Costs Items below have been included in this cost opinion due to the expressed need either by the City or park stakeholders during the course of the Conceptual Planning stage of the Community Park project. Unit costs have been determined by Teague Nall and Perkins,Inc.(TNP)based on discussions with contractors,similar projects,and/or past experience. However,the prices shown are"ballpark"in nature and should not be considered exact, Since TNP does not perform construction services,TNP does not have any control over actual prices for construction. Item Description Quantity Unit Unit Cost Cost Notes Parking Proposed Parking(per space) 92 Spaces $ 1,800 $ 155,600 Trail Varying widths of 8 ft,6 ft,and 4 ft 1 Lump Sum $ 202,000 $ 202,000 Total Amount per Collin County Grant Plaza Area Concrete Paving 1 Lump Sum $ 50,000 $ 50,000 Excludes Trail LF counted above Baseball Field Improvements Grading,Drainage,Turf,Irrigation 3 Field $ 125,000 $ 375„000 Grading,Drainage Only(Cooper) 1 Field $ 50,000 $ 50,000 Remove and Replace Fencing 4 Field $ 12,500 $ 50,000 New Bleachers and Shade Structures - 4 Field $ 10,000 $ 40.000 Football Field improvements-Field#2 Grading,Drainage,Turf 1 Field $ 100,000 $ 100,000 Concession Stand!Restroom Facility Demolition of Existing Structure 1 Each $ 7,500 $ 7,500 New Facility in Baseball 4-plex 1 Each 5 250,000 $ 250,000 Restroom Only for Football Side 1 Each $ 65,000 $ 65,000 Total Amount per Collin County Grant Lighting Improvements Full Lighting Repl.-Eldridge,Tibbals,Plaza 1 LS $ 280,000 $ 280,000 Light Pole on Football Field#4 1 Pole $ 10,000 $ 10,000 Subtotal $ 1,645,100 Total Project Base Bid Estimate $ 1,645,100 Add Alternates Item Description Quantity Unit _ Unit Cost Cost Notes Baseball Field Improvements Add Turf and Irrigation to Cooper 1 Field $ 75,000 $ 75,000 Football Field improvements Press Box for Fields#1 and#2 1 Each $ 20,000 $ 20,000 Press Box and Scoreboard Field#3 1 Each i$ 35,000 -$ 35,000 Satellite Concession Addition to RIR 1 Each $ 50,000 $ 50,000 Parking Additional Parking 206 Spaces $ 1,800_$ 370,800 Subtotal $ 550,800 Total Project with Add Alternates $ 2,195,900 Future Improvements Item Description Quantity Unit Unit Cost Cost Notes Parking and Access Drive North Lot Parking 52 Spaces $ 1,800 $ 93,600 Access.Drive 1500 Sq.Yds. $ 35 $ 52,500 Lighting Improvements Full Lighting Repl-Cooper&Rowell outfield 5 Pole $ 20,000 $ 100,000 Football Field improvements-Fields#1,3,4 I Grading,Drainage,Turf 3 Field _$ 100,000 $ 300,000 Subtotal $ 546,100 Total Project Construction Estimate $ 2,742,000 Wylie Community Park Preliminary Schedule March 2010 Feb 'Mar A r Ma Jun Jul Au Se O Nov Dec Jan Feb Mar 'A r r a u Jun Juh Aug (Sep_z°Oc Nov Dec I Jan Feb r Marry ID Task Name Duration Start Finishi. 1 3 Wylie Community Park 813 days Mon 3/15/10 Mon 6/18112 4. ( 60% Plans 108 days Mon 3/15/10 Wed 6/30/10 =M 5 City Staff Review 30 days Thu 7/1/10 Fri 7/30/10 6 90 % Plans 60 days Mon 8/2/10 Thu 9/30/10 ,.u. CityStaff Review 29 days Fri 1011/10 Fri 10/29/10 8 1 95% Plans 24 days Mon 11/1/10 Wed 11/24/10 1 9 City Staff Review 21 days Thu 11/25/1{ Wed 12/15/10 it 10 Bid Plans 100% 30 days Thu 12/16/10 Fri 1/14/11 11 Advertise for Construction 30 days Sat 1/15/11 Sun 2/13/11 12 Interview Low Bidders 1 day Mon 2/21/11 Mon 2/21/11 13 Park Board Recommend. 1 day Mon 2/28/11 Mon 2/28/11 4110 i 1 14 City Council Award 1 day Tue 3/22/11 Tue 3/22/11 15 Pre-Construction Meeting 1 day Fri 4/22/11 Fri 4/22/11 0 16 t 2011 Baseball Season 71 days Sat 3/26/11 Sat 6/4111 17_mW i Park Construction 240 days Tue 617/11 Wed 2/1/12 18 2011 Fall Sports Season 78 days Sat 10/1/11 Sat 12/17/11 19 2012 Baseball Season 73 days Sat 3/24/12 Mon 6/181121 = Page 1