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02-13-2007 (City Council) Agenda Packet Wylie City Council CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda Tuesday, February 13, 2007 — 6:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North John Mondy Mayor Carter Porter Mayor Pro Tern Earl Newsom Place 1 M. G. "Red" Byboth Place 2 Eric Hogue Place 3 Merrill Young Place 4 Rick White Place 5 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION • Recognition of Franqee Higgins receiving the National Association of Home Builders President's Award 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. 'February 13,2007 Wylie City Council Regular Meeting Agenda Page 2 of 4 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 Minutes from the January 18, 2007 Joint Meeting of the Wylie City Council and Wylie Economic Development Corporation, Minutes from the January 23, 2007 Regular City Council Meeting, and the Minutes from the February 6, 2007 Special Called Work Session. (C. Ehrlich, City Secretary) B. Consider, and act upon, award of a contract to Starnes Plumbing for the replacement of lateral sewer lines on designated residential properties within the City. (M. Sferra, Public Services Director) C. Consider, and act upon, approval of an agreement between the City of Wylie and The Dallas Morning News for a 12 month period for the purpose of employment recruiting advertising. (L. Fagerstrom, Human Resources Manager) D. Consider, and act upon, awarding a bid, in the amount of$13,303.00, to A New Deal Irrigation for the installation of an irrigation system at Olde City Park. (M. Sferra, Public Services Director) REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending zoning from SF-10/24 to SF-10/24 with Special Use Permit (SUP) for a Telecommunications Tower to be located generally at the northeast corner of Stone Road and Akin Lane. ZC 2006- 19. (R. 011ie, Planning Director) Executive Summary The applicant is proposing to construct an 80-foot tall tower and incorporate telecommunications antennas and equipment on a 900 square foot lease space located southeast of the existing church building. The subject property is located on the northeast corner of Stone Road and Akin Lane and is zoned SF-10/24. Since the mid-1960s, First Christian Church of Wylie has occupied the 3.3 acre tract. Properties north, south,east and west are zoned SF-10/24 and has been developed for single family residential uses. This request complies with all sixteen (16) provisions of Article 5, Section G. 14, (e) regulating telecommunication towers. At the January 16, 2007 Planning & Zoning Commission meeting, the Commission voted 3-2 to recommend approval of Zoning Case 2006-19. General Business 2. Consider, and act upon, Ordinance No. 2007-03 amending Section 18.00 (Library Fees) of Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance). (R. Orozco, Library Director) February 13,2007 Wylie City Council Regular Meeting Agenda Page 3 of 4 Executive Summary The Rita and Truett Smith Public Library is updating its Fines and Fees Schedule to include items previously not on the schedule and to amend and update existing ones. The goal is to find a balance between the length of check-out per items and the availability of items for the general public. Policies are designed to make the best possible use of the library's collection by the greatest number of individuals. 3. Consider, and act upon, authorizing the City Manager to execute an agreement with U.S. ROW for right-of-way acquisition services for the FM 1378 Paving Project. (C. Hoisted, City Engineer) Executive Summary $3,000,000 was funded in the 2003 Collin County Bond Program and$9,700,000 was funded in the 2005 City of Wylie Bond Program for improvements to FM 1378 from Brown Street to Parker Road. Collin County funded the engineering for the project and the remaining county funds will be used for construction. City bond funds will be used for the right of way acquisition and for construction. 4. Consider, and act upon, authorizing the City Manager to execute an Engineering Services Agreement, in the amount of $527,850.00, with RLK Engineering for the design of the expansion of Brown Street from SH 78 to Stone Road. (C. Hoisted, City Engineer) Executive Summary The 2005 City of Wylie Bond Program identified $6,300,000 for the design and construction of approximately 11,100 linear feet of 4-lane concrete pavement section with sidewalks on Brown Street from SH 78 to Stone Road. The first bond issue included$900,000 for engineering and right of way acquisition for this project. The City's current Thoroughfare Plan does not show a future expansion of the roadway; however, with the projected increase in traffic volume due to the recent development of the new WISD High School and the future elementary school site at Springdale Way,an expansion will be necessary. 5. Consider, and act upon, approval of a request from JD Landes, Inc. to eliminate the detention pond for the Verizon Reporting Center and Warehouse development at the intersection of Brown Street and Eubanks Lane. (C. Hoisted, City Engineer) Executive Summary A request has been submitted by JD Landes,Inc. to eliminate the detention pond for the Verizon Reporting Center and Warehouse development located at the north west corner of Brown Street and Eubanks Lane (report attached). Birkhoff, Hendricks, and Conway has reviewed the study and they are in general agreement with the findings and agree that no adverse conditions are created downstream by the elimination of the detention pond. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • Presentation update and discussion related to design services for Fire Station #3. (Wiginton-Hooker-Jeffry, Architects) ADJOURNMENT February 13,2007 Wylie City Council Regular Meeting Agenda Page 4 of 4 CERTIFICATION I cert that this Notice of Meeting was posted on this 9`h day of February, 2007 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas qcloterrame, ,Code and that the appropriate news media was contacted. As a courtesy, this agenda is also po yoriaFC�rg44,ylie website: www.wvlietexas.gov. SEAL = _ c :�,:,! = Mo—) Carole , ity Secretary Date Notice Removed • I"'allmo• Wylie City Council CITY OF WYLIE Minutes Joint Meeting Wylie City Council & Wylie Economic Development Corporation Board (WEDC) Thursday, January 18, 2007 -6:00 pm Wylie Municipal Complex- Council Chambers 2000 Highway 78 North CALL TO ORDER Mayor Mondy called the City Council to order at 6:00 p.m. Council members present were: Councilman Earl Newsom, Councilman Red Byboth, Councilman Eric Hogue, Councilman Merrill Young, and Councilman Rick White. Mayor Pro Tem Carter Porter was absent. City Staff present were: City Manager Mindy Manson, Assistant City Manager Jeff Butters, Planning Director Renae' 011ie, and City Secretary Carole Ehrlich. WEDC Chairman Marvin Fuller called the WEDC Board to order at 6:00 p.m. Board members present were: Councilman Merrill Young, Gary Bartow, John Yeager, and Mitch Herzog. WEDC Staff present were: Executive Director Sam Satterwhite and Administrative Assistant Gerry Harris. PRESENTATIONS & DISCUSSION • Presentation by T.I.P. Strategies, Incorporation to develop a Strategic Plan and Target Market Study for Industrial,Commercial and Retail Development. WEDC Executive Director Satterwhite thanked everyone for coming and introduced Mr. Tom Stellman, President and CEO of T.I.P. Strategies, Inc. He explained to attendees that the firm was hired back in November of 2006 to compile a strategic plan and target market study for industrial, commercial and retail development in Wylie. He commented that this was an organizational kick off meeting for this project. Mr. Stellman addressed those in attendance thanking them for their time and reported that he and his firm had conducted strategic planning Minutes—January 18, 2007 Wylie City Council Page 1 for many economic development corporations and other entities in many states throughout the country. He explained that the kick off meeting was formed to discuss expectations, receive preliminary input and project a schedule. He explained the phases within the scope of work that would be reviewed: Discovery Phase (Assessment) Economic base analysis, cluster & target industry analysis, facilities & sites, benchmarking, and input. Opportunity Phase Vision and Strategies Implementation Phase Implementation plan Mr. Stellman reviewed with attendees some of the statistical information already gathered thru the initial review. Some of these included: regional 40 year population projections, national job forecasts up to 2015, labor estimates, output vs. employment figures, manufacturing vs. services statistics, Wylie population growth based from the census bureau, population distribution by age cohort for 2005, and educational attainment for selected cities. Mr. Stellman asked attendees to give their input regarding the City's strengths, weaknesses, opportunities, and threats, both currently and in the future. WEDC Board, staff and City Council gave input to the topics mentioned. He explained that this information would be compiled and reviewed and the data analysis would be presented to the City Council and WEDC board in the near future. He also reported additional steps that would be completed in the near future which included: conducting interviews & focus group meetings, a tour of the community, and an initial draft of the assessments. He reported the project timeline would begin with the kick off meeting and would include all field work in February, March and April and delivery of a draft assessment in March, draft plan in April and a final report and presentation in May 2007. ADJOURNMENT With no further business before Council, Mayor Mondy adjourned the City Council at 7:18 p.m. WEDC Chairman Marvin Fuller adjourned the WEDC board at 7:18 p.m. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—January 18,2007 Wylie City Council Page 2 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, January 23, 2007 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Carter Porter, Councilman Red Byboth, Councilman Eric Hogue, Councilman Merrill Young, Councilman Rick White and Councilman Earl Newsom. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Julie Fort, Representing Abernathy, Roeder, Joplin & Boyd; Finance Director, Larry Williamson; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Young gave the Invocation and Councilman White led the Pledge of Allegiance. 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. Shari Stark residing at 426 Kylie Lane, Wylie Texas addressed Council asking that several street lights in her area be replaced. She stated that this request had been given several times. Mayor Mondy asked City Engineer Hoisted to look into the request (work order) and report back to Ms. Stark the following day. Mayor Mondy informed the resident that a work order had been completed and sent to TXU. Minutes—January 23,2007 Wylie City Council Page 1 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the January 9, 2007 Regular Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of Resolution No. 2007-04(R) ordering a General Election to be held jointly with the Wylie Independent School District on May 12, 2007 for the purpose of electing two city council members, Places 1 and 3, to the Wylie City Council to fill expired terms. (C. Ehrlich, City Secretary) C. Consider, and act upon, approval of a Joint Election Agreement between the City of Wylie and the Wylie Independent School District (WISD) to be administered by the Collin County Elections Administration, for the May 12, 2007 General Election. (C. Ehrlich, City Secretary) D. Consider and place on file, the Monthly Revenue and Expenditure Reports for the period of August 2006-December 2006. (L. Williamson, Finance Director) E. Consider, and act upon, Resolution No. 2007-05(R) ratifying the execution of a contract with Chase/Paymenteck by the City Manager to provide processing and collection services for the City's credit card receivables. (L. Williamson, Finance Director) F. Consider, and act upon, approval of a Replat subdividing one lot into two commercial lots for Children's Lighthouse Addition, generally located east of McCreary Road and north of FM 544. (R. 011ie, Planning Director) G. Consider, and act upon, approval of a Final Plat for Woodbridge Parkway R.O.W. Dedication located within the Woodbridge North Subdivision and extending south from Country Club Road (FM 1378) to Hooper Road. (R. 011ie, Planning Director) Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tern Porter to approve the Consent Agenda as presented. A vote was taken and passed 7-0. REGULAR AGENDA Public Hearings 1. Hold a Public Hearing and consider, and act upon, amending the zoning from Agriculture (A) to Neighborhood Services (NS) District to allow for commercial development, generally located at the southwest corner of Brown Street and Country Club Place. ZC 2006-16(R. 011ie, Planning Director) Minutes—January 23, 2007 Wylie City Council Page 2 Staff Summary Planning Director 011ie addressed Council stating that the applicant has decided not to move forward with the request. She explained that the applicant was requesting the zoning case be withdrawn from consideration. However, because publication and notification of the requested rezoning has been completed in accordance with State Law, some action is required by the Council at the current meeting. She suggested Council convene the hearing and allow any citizen comment, and then accept the applicant's request for withdrawal. She explained that this zoning would come back revised, at a later date. Public Hearings Mayor Mondy opened the Public Hearing at 6:02 p.m. There was no one present to address Council (ZC 2006-16) Mayor Mondy closed the Public Hearing at 6:02 p.m. Mayor Mondy announced that a withdrawal letter had been received from the applicant asking that Zoning Case 2006-16 be withdrawn. Council Action A motion was made by Councilman Byboth seconded by Councilman Newsom to accept the withdrawal by applicant Jerry Sylo (Jones & Boyd). A vote was taken and passed 7-0. 2. Hold a Public Hearing and consider, and act upon, amending the zoning from Agriculture (A) to Neighborhood Services (NS) District to allow for commercial development, generally located south of Brown Street and east of Kreymer Road. ZC 2006-17 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the applicant has decided not to move forward with the request, and is requesting that the zoning case be withdrawn from consideration. However, because publication and notification of the requested rezoning has been completed in accordance with State Law, some action is required by the Council at the current meeting. She suggested Council convene the hearing and allow any citizen comment, and then accept the applicant's request for withdrawal. Mayor Mondy opened the Public Hearing at 6:06 p.m. There was no one present to address Council (ZC 2006-17) Mayor Mondy closed the Public Hearing at 6:06 p.m. Mayor Mondy announced that a withdrawal letter had been received from the applicant asking that Zoning Case 2006-17 be withdrawn. Minutes—January 23,2007 Wylie City Council Page 3 Council Action A motion was made by Councilman Newsom seconded by Councilman Young to accept the withdrawal by applicant Tim Kreymer(ZC 2006-17). A vote was taken and passed 7-0. General Business 3. Consider, and act upon, Resolution No. 2007-06(R) endorsing the "Joint Recommendation for Regional Rail in North Central Texas" as approved by the Boards of Dallas Area Rapid Transit (DART), Denton County Transportation Authority (DCTA) and the Fort Worth Transportation Authority (THE T) that supports the concept of local option funding of public transit in the region. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that the Chair of the Regional Transportation Council (RTC) contacted Mayor Mondy requesting that the City of Wylie consider the attached Resolution supporting the "Joint Recommendation for Regional Rail in North Central Texas". The recommendation was approved by the governing Boards of DART, DCTA, and The T in order to support a regional rail effort and to encourage the State Legislature to pass legislation which would allow the local option of funding public transit by exempting an amount equal to the locally authorized transit sales tax from the 2% cap in the 9 county area covered by the North Central Texas Council of Governments (NCTCOG). Council Discussion Mayor Mondy explained that these three entities were planning to petition the legislators to remove the sales tax cap to allow funding for mass transit; increasing the sales tax and making it solely dedicated for mass transportation. DART is proposing a possible 1/2 cent tax increase to be used for rail. The cities passing this Resolution would provide the opportunity for voters to approve/disapprove the sales tax increase. He explained that only cities approving the "Joint Recommendation" and subsequent approval by voters would have rail stop in their communities. Those opting out of the "Joint Recommendation" would have to travel to a city that approved the rail. He stated that all three entities (DART, DCTA, and The T) were agreeable to move forward with proposed legislation. He explained that if you look at estimates of population growth over the next 15 years, this computes to one more person for every resident that currently resides in Collin County today. City Manager Manson reported that at last check on the proposed legislation, it appeared they were leaning toward individual city elections rather than county wide. Councilman Byboth stated, to make it clear, we tonight are only voting on the Resolution that would allow for voters to decide the outcome of the mass transit tax. Mayor Mondy stated that was correct. Councilman Newsom commented that he did not have a problem with the approval of the "Joint Recommendation Resolution" as long as it was ultimately up to the voters at the municipal local level. He further stated that he personally, was not in favor of the tax increase for rail. Council Action A motion was made by Mayor Pro Tem Porter seconded by Councilman Young to approve Resolution No. 2007-06(R) endorsing the "Joint Recommendation for Regional Rail in North Central Texas" as approved by the Boards of Dallas Area Rapid Transit (DART), Denton County Transportation Authority (DCTA) and the Fort Worth Transportation Authority (THE T) that supports the concept of local option funding of public transit in the region. A vote was taken and passed 7-0. Minutes—January 23, 2007 Wylie City Council Page 4 4. Consider, and act upon, Ordinance No. 2007-02 granting to Atmos Energy Corporation, a Franchise Agreement to construct, maintain, and operate pipelines and equipment in the City of Wylie for the transportation, delivery, sale and distribution of gas in, out of, and through the City of Wylie for all purposes and providing for the payment of a fee or charge for the use of right of ways. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that the Franchise Agreement with Atmos Energy has expired. He explained that the new proposed agreement was prepared by Attorney Julie Fort representing the City of Wylie and Steve Mathews representing Atmos. He explained that the attached Ordinance grants Atmos a Franchise Agreement to construct, maintain, and operate pipelines and equipment in the City of Wylie. Council Discussion Mayor Mondy asked Ms. Fort what would happen if the Council did not approve the new agreement. Attorney Fort replied that if the new agreement was not approved, the expired agreement would continue to be honored until that time when Council did approve a new agreement. She explained that the right-of- way was public property and utility companies petition the city for use of the public property to operate their utilities. In exchange for this usage, the city is paid a fee from the utilities using the public right-of- way. Generally those payments are made quarterly on the basis of the utilities' gross revenues. She reported that the agreement had some indemnity clauses and solidifies that the utility company will follow the City's Right-Of-Way Ordinance to insure they are a good citizen and mindful user of the City's property. She explained that the expired agreement was for 25 years and had expired but Atmos has continued to honor the agreement. Mayor Mondy asked who audited the franchise revenues. Attorney Fort explained that cities could audit the utility and if it was found that the figures were incorrect by a certain percentage, the utility company would incur the costs of the audit; however if it was found that the revenues were correct, the city would bare the cost. Mr. Steve Mathews representing Atmos commented that cities had audited Atmos and by average the audits went in favor of Atmos. He explained that there were over 550 cities in Texas and there are usually one or two audits going on. Attorney Fort advised Council that the contract percentage for right-of-way payment was 4% of total revenues. She explained that there were also clauses in the new agreement that were protective to the interest of the City. Councilman Young asked if there were protections for right-of-ways. Ms. Fort replied that right of way properties were heavily regulated as to safety, structure and function thru State Law. Mayor Mondy asked the length of this proposed agreement. Mr. Mathews replied that it was for 10 years with two 5 year extensions if agreeable by both parties. Councilman Byboth asked if the item did not specifically state "natural" gas should that wording be changed. Attorney Fort replied that this was implied as it was the only type of gas that could run through the utility lines. Council Action A motion was made by Councilman Byboth seconded by Mayor Pro Tern Porter to approve Ordinance No. 2007-02 granting to Atmos Energy Corporation, a Franchise Agreement to construct, maintain, and operate pipelines and equipment in the City of Wylie for the transportation, delivery, sale and distribution of natural gas in, out of, and through the City of Wylie for all purposes and providing for the payment of a fee or charge for the use of right of ways. A vote was taken and passed 7-0. Councilman Hogue left the meeting at 6:25 p.m. Minutes—January 23, 2007 Wylie City Council Page 5 5. Consider, and act upon, authorizing the City Manager to negotiate a two-year agreement for Panda Cup USA 2007 and 2008. (M. Witter, Public Information Officer) Staff Comments Public Information Officer Witter addressed Council stating that the City of Wylie has been approached by Zen Sports Group LLC (Zen) to serve as a venue host for Panda Cup USA 2007 and 2008. The proposed dates for Panda Cup USA 2007 are April 20 and 21, 2007. As you remember last year was the inaugural year for this event. He explained that Panda Cup USA is an international soccer event featuring professional, collegiate and competitive female soccer teams with games scheduled at venues across Texas and Oklahoma. He stated that this agreement is an opportunity for the City to generate revenue, such as ticket sales and sponsorships, which will offset the majority of costs for this event. He explained to Council that communication between other entities such as the Wylie Independent School District, Wylie Chamber of Commerce, Wylie Youth Soccer Association and the Wylie Economic Development Corporation to spread some of the expense and make this a community event were underway. Mr. Witter explained that, if approved, City staff will present budget amendments relating to this event prior to the event date. He reported that there were several clubs finalizing applications to participate in these events. There would be an opening event to include fireworks, VIP dinner to include dignitaries from other countries and state and local officials, and the closing ceremonies. Representatives from the Wylie Soccer Association and Zen were present to show their support for the proposed events. Council Discussion Mayor Mondy asked Angela Schindler representing Zen how many teams would be participating in Wylie. She stated that there would be approximately 300 teams but not all those teams could play in Wylie. They would accommodate as many as possible in Wylie thru the event. Council Action A motion was made by Councilman Young seconded by Councilman Newsom to authorize the City Manager to negotiate a two-year agreement for Panda Cup USA 2007 and 2008. A vote was taken and passed 6-0 with Councilman Hogue absent. 6. Consider and place on file the Wylie Economic Development Corporation Annual Report. (S. Satterwhite, WEDC Executive Director) Staff Comments Executive Director, Sam Satterwhite addressed Council stating that presented tonight is the WEDC Annual Budget. He explained that per the WEDC By-laws, each year by January 318t, the WEDC must present to the Wylie City Council its Annual Report. He reported that total tax revenues were up by nineteen percent over the year before. Seventy Five percent of all expenditures were for direct or indirect economic development programs and $25,000 was procured thru the grant process. Five hundred and ten thousand dollars was spent on real property purchase and two hundred thousand in debt service was paid. Two properties on Cooper Drive were purchased last year and one property in Industrial Court. All properties purchased are excellent properties for long term redevelopment. He commented that some improvements need to be made to enhance the attraction for retail development, such as the extension of Country Club to S.H. 78 and the extension of McCreary to S.H. 78, being key factors to the north/west access. He reported that there is good development opportunity at the Wal-Mart intersection near Kreymer. He reported that EDC was beginning the construction to widen Martinez that fronts Premier South; this is also where one of the new companies will be breaking ground within the next 90 days. Mayor Mondy asked Mr. Satterwhite if all issues regarding the last City audit had been addressed. Mr. Minutes—January 23, 2007 Wylie City Council Page 6 Satterwhite replied that the Wylie Economic Development Corporation made significant strides in its financial reporting and accountability this past fiscal year. In addition to the creation of a Financial Standards & Accountability Policy, WEDC staff and Board members have been working to create clear and concise financial statements. He reported that the WEDC Board is vigilant in their effort to maintain accurate financial statements. He reported that the WEDC and Wylie Finance Department are working together and communicating very well. Council Action A motion was made by Councilman Newsom, seconded by Councilman White to accept and place on file the Wylie Economic Development Corporation Annual Report. A vote was taken and passed 6-0 with Councilman Hogue absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2007-02 into the official record. Mayor Mondv convened into Executive (closed) Session at 6:40 p.m. in compliance with Section 551.001, Texas Government Code: Section 551.072 real property and Section 551.074 personnel matters as posted. Councilman Hogue returned at 7:50 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Section 551.072 To deliberate the purchase, exchange, lease or value of real property generally located at: • Located on Hensley Lane between Hooper and Sanden Section 551.072 To deliberate the purchase, exchange, lease or value of real property generally located at: • Located on Alanis Drive between Ballard Avenue and FM 544 Section 551.074 Personnel Matters; Closed Meeting • To deliberate the Evaluation of the City Manager Mayor Mondv reconvened into Open Session at 8:25 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session, including but not limited to: Minutes—January 23,2007 Wylie City Council Page 7 1. Consider, and act upon, approval of Resolution No. 2007-07(R) determining a public necessity to acquire, by purchase or condemnation, certain property; giving notice of an official determination to acquire property for the Hensley Lane paving project; establishing procedures for the acquisition, by purchase or condemnation, of property. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve Resolution No. 2007-07(R) determining a public necessity to acquire, by purchase or condemnation, certain property; giving notice of an official determination to acquire property for the Hensley Lane paving project; establishing procedures for the acquisition, by purchase or condemnation of property. A vote was taken and passed 7-0 ADJOURNMENT Council Action With no further business before Council, Councilman Hogue made a motion to adjourn at 8:28 p.m., with Councilman Newsom seconding the motion. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes-January 23, 2007 Wylie City Council Page 8 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Special Called Work Session Agenda Tuesday, February 6, 2007 — 6:00 pm Wylie Municipal Complex— Council Conference Room 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tem Carter Porter, Councilman Red Byboth, and Councilman Rick White. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Library Director, Rachel Orozco; Public Information Officer, Mark Witter, City Secretary, Carole Ehrlich, and various support staff and citizens . INVOCATION & PLEDGE OF ALLEGIANCE Councilman Byboth gave the Invocation and Councilman White led the Pledge of Allegiance. WORK SESSION • Presentation and discussion regarding the items listed below for the construction of the new Library, City Hall and Recreation Center: (ARCHITEXAS, Architect/Holzman Moss Architecture/Thomas. S. Byrne, Ltd. Construction Manager) Malcolm Holzman representing Holzman Moss Architects introduced representatives from ARCHITEXAS, Craig Melde and David Chase; Thomas S. Byrne Construction, Martin Lehman and Rick Rogers, and Ching-Wen Lin also representing Holzman Moss Architects. Mr. Holzman presented a review of design concepts and conceptual site development schemes with building locations and orientations and parking layouts. He reviewed conceptual building plans for the Phase I and II Building Program Assessment Minutes—Work Session February 6, 2007 Wylie City Council Page 1 and Program Space Adjacencies. Mr. Holzman answered questions from those in attendance. Councilman Byboth left the meeting at 6:45 p.m. Mayor Mondy was called away from the meeting at 7:05 p.m. There were no directives given by Council nor action taken at this work session presentation. ADJOURNMENT Upon completion of the presentation, Mayor Pro Tern Carter Porter adjourned the work session at 7:30 p.m. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—Work Session February 6, 2007 Wylie City Council Page 2 LOCATION - 1 ; 11 PARKING 1 •Awayfrom •Integration with � I. surrounding (I II I \surrounding parkland j parkland ���11�_L�1 fi /? , . • Access lane -I f" •Connection to trail , ." Y i system • ORIENTATION r , i •45 DEG_View through i alley of trees from FM ! l Hi 544 i> ' 1 ! A 1' I . • •90 DEG_ I I, r 1 -7 Maximum natural light /' -� I I/ �S and view out to . surroundings DESIGN CONCEPT CITY OF WYLIE 1' HOLZYM_ SS 02.06.07 DIAGRAMS WYLIE, TEXAS min ARCHITECTURE ONE ROOF CIRCULATION •A unified image for the . \ •Path through the building Municipal Complex ( 1 a 1 i : -ten. 1,4_,>t. •Support cores and service •Modular structure ,,�"' 1 14 points Ij rri ` jI IiI •Create outdoor spaces I j I I i III • I (�-- • I •Specialty spaces I 34/-)I ENTRY/ EXPANSION •Enter through plazas 49 i -- •between the buildings \ r " L • 1 __ •Allow for future k. expansion at the ends ` :` - SUSTAINABILITY I r -1---1—t-t . il •Natural light i + i i l +� l 1 •Natural materials $+ i i i ti i i i -Masonry 7._ t-Stone -Block Tile ��h� Brick ' -4�X--y--T:T- -r 02.06.07 A DESIGN CONCEPT CITY OF WYLIE HOLZM MOS. DIAGRAMS WYLIE, TEXAS EN ARCRITECTURE ��ge_:a:�_T= T ag 1--"...._____ / (FI.A ING I I /�� \ T \ iI "- . I ==, 1 . :.1.3..i_ IN 1 1 1,. .s.\ I R." 11E _ j15 _- _ \ ".____ DIOV� ULAR { 1 1 ' .NON-FICTON ___ � t" j"_ ,.. f. .. i/o, 1 =747\. 1 t---T- 1 i 1: Tr : T 1= CITY' LL LIBRARY =a= '6=�=a_�=6�'�� I `� 1 SECOND FLOOR PLAN - PHASE 1 / _ . 1.-_ail._ --_- - _ i 6f4 -'� �� ''r _ \�- I -77 , ,Ti:,,,,,,- 7 I I � � I �®.,,;.-.1 �r__,..„ 8 I ;it I•� LOUNGE ���> a, e I l'AVA.:J. : ll rT- 1 .. � I NEW a HS - I I i` TI I DOLT CAF� _ j �`1 I I I CNII.OREII''. F�CTION- 1 �� i' 'UNCO.CN-,�I 112 � ```•, ,l 1 _ 1 ' 1 1 I AUDIO ADMIT AL REC.CENTER ; i I _ �--- ' ro'lN /� CITY HALL I I — — UBRARY -.....__/ I \ I FIRST FLOOR PLAN - PHASE 1 L_ Ar 02.06.07 FLOOR PLANS CITY OF WYLIEiiiiFAIMIECTURE ANMOSS PHASE , WYLIE, TEXAS ADULT' �� h- -------�-----_-_'�- .ION-FICTION CHILD�EEN'S E ---__ -- i — j_ j :,,,,, A inn OFFI� -_-_ R M roM I / FADING j" I ,, j 50 S 'S __1� m ,� IV t RAM I ADUL AUDI0.VISUAL REFERENCE ALEI — / 1 1 — 1 ; FICTION 1r,'' -.....� - T f �___ ----I IODICALS i i MULTI' RPOSE . ; PE++ t�i -- Y NG ----IF rT _ FIRST FLOOR PLAN - PHASE 2 LIBRARY j HH, . 1 1 Ei1 III „. l I CHILD'a 1 " - 5 I 1 _ OFFI / IVE ,t 1-- I I I I N 1 � � _ T GENERAL I BOO 5 1 j �N �DULT nEFERENCE ADULAUDIO — , „--- ` 6 -�— NON FICTION MULTI OSE CAFE i f` ,\-- T -- TsEilO01CALT i --- RB�------ ---- " I S(OUNG —r i FIRST FLOOR PLAN - PHASE 1 LIBRARY -\, 1_, Hi- 02.06.07 FLOOR PLANS CITY OF WYLIE �i N. HOLZMA : 4'4 LIBRARY 1 STORY SCHEME WYLIE, TEXAS gm ARCHITECTURE El it '\ s II' PTA iNG - �\ i oMPUTER - ®ra - -- _ - FARolo. uLAR 1 I I \`�_ _ _ ROOM RL �I '"^it - @ 1 j j I j -- - 1 ER(661C U -RV57 &--z Fm ':--\ L ' io ', I I TILITT1 1�---- CRY• LL - -_ T _ =- ----- LIBRARY 1-- ,� _ \ SECOND FLOOR PLAN - PHASE 2 � ��� --� �,--A-:,-.�, .aft■, -�_=,- � 4" la �' 1 �� i 11� Q� :gg try ACER as w Iry 9�,CR*AR®�� I H .LWNGE I I I._ „---..-'-'-.41,1101-r< \ 17 I ',L.' ...INN 1111=7.2gila-,1-":2''...: 1.111, --7-.1 -111--. 1----.T-- 1 1 -wel.-NN-::::::,:il . , D . 1 I CNILJFE 5 '! � ® ` 1 - `t------- :. j I I I A,, 1 �jL 1 _I� I I - I 1 } ', I Ai AL I 4. r NC CH rf I \ k_ ,.-,.. .t„ i �. : t 1 "°"F""d' jI°" j '" REC.CENTER `-- � --� ------� +-- - ='T -- CITY HALL `� ----- ---- ---� <> 1 i -- LIBRARY Alit' ---- \. FIRST FLOOR PLAN - PHASE 2 _- 02.06.07 FLOOR PLANS CITY OF WYLIE HOLX. IMOs PHASE 2 WYLIE, TEXAS inn ARCHITECTURE .7V J J J L_ J ` J -J I_ J t, J - = = 7 -I c � r - IIIIir - / 7 p -amillINIM= milimmemnimmou 41 ..4111L __ii i======0MELMOMMIMMik TOMIMINE kw a ‘41141119%,111 I I I 4 I I 10) . === ,`1 w \ \ \ I \ .. •\ `. \,♦ / / I 02.06.07 SITE PLAN CITY OF WYLIE I.r HOL MA NM SS PARKING OPTION A WYLIE, TEXAS MOO ARCHITECTURE - 41 dl lkil *Plab• -.... 1 001( 41,r ;-- \I, 1 11/ z-,- ...- -.=-"..... ii --.111111.-11111.----=..=. Mir, / Lib' ='- .____ 00 4 41, ____ _______. ____ _-_-_-; , „ , , , _ , mint N--- w�_ �_____:_„_:__=___,. ,............... ____..... ===‘,T4.===-T - -m.,- ---a.. --N. -‘ f+,-----\) ` d \...._ , \ g/kJ .t ‘. N ,, .it 02.06.07 SITE PLAN CITY OF WYLIE j..ill HOLZMANMOSS PARKING OPTION B WYLIE, TEXAS oill ARCHITECTURE Wylie City Council CI_14/1 TY OF WYLIE AGENDA REPORT Meeting Date: February 13, 2007 Item Number: B Department: Wastewater Utilities (City Secretary's Use Only) Prepared By: Jim Holcomb Account Code: 611-5714-56040 Date Prepared: January 26, 2007 Budgeted Amount: $96,860.00 Exhibits: Contract & Bid Subject Consider, and act upon, award of a contract to Starnes Plumbing for the replacement of lateral sewer lines on designated residential properties within the City. Recommendation Motion to award a contract to Starnes Plumbing for the replacement of lateral sewer lines at the rate of$35.00 per linear foot. Discussion The North Texas Municipal Water District has established a Supplemental Environmental Project (SEP) designed to reduce infiltration and inflow and sanitary sewer overflows in the NTMWD Regional Wastewater System. The goal of the SEP is to reduce infiltration and inflow through the rehabilitation of member cities' wastewater collection systems and thereby mitigate public health risks, reduce collection and treatment costs and prolong the life of the infrastructure. To accomplish this goal, NTMWD will reimburse member cities for the replacement of deteriorated sewer laterals on designated residential properties. The SEP has allocated a sum of$96,860.00 for the rehabilitation of residential sewer lines in the City of Wylie. Competitive bids have been solicited for the work in accordance with Chapter 252 of the Texas Local Government Code. A bid has been submitted by Starnes Plumbing to perform the work at the rate of$35.00 per linear foot of 4 inch lateral sewer line. Approved By Initial Date Department Director MS 1/26/07 CityManager f'1iA 1 Page 1 of 1 CONTRACT STATE OF TEXAS } COUNTY OF COLLIN } THIS AGREEMENT, made and entered into this 13th day of February, 2007, by and between The City of Wylie, a municipal corporation of the County of Collin and the State of Texas, Party of the First Part (hereinafter termed "City"), and Starnes Plumbing of the City of Plano, County of Collin and State of Texas, Party of the Second Part (hereinafter termed"Contractor"). WITNESSETH: That for and in consideration of the payments and agreements hereinafter set forth, the City and Contractor agree as follows: THE CONTRACTOR shall perform all of the work as specified in the contract documents, generally described as: REPLACEMENT OF SEWER LATERAL LINES ON DESIGNATED RESIDENTIAL PROPERTIES and all extra work in connection therewith under the terms of the contract documents and, at Contractor's own proper cost and expense, shall furnish all materials, supplies, machinery equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete said work in accordance with the conditions and prices stated in the bid attached hereto. THE CITY shall pay the Contractor for the performance of the work, subject to additions or deductions by change order or as otherwise provided in the contract documents, in current funds, the sum of Thirty-Five Dollars ($35.00) per linear foot of 4 inch PVC lateral line. THE CONTRACT DOCUMENTS shall consist of this written agreement, the bid specifications, Contractor's Bid Submittal and the construction plans, all of which constitute the entire agreement between the City and the Contractor, and are as fully a part of this contract as if attached to or repeated in this agreement. IN WITNESS WHEREOF, the parties have executed this agreement in the year and day first above written. CITY OF WYLIE CONTRACTOR By: By: Attest: CITY OF WYLIE INVITATION FOR BIDS REPLACEMENT OF SEWER LATERALS The City of Wylie is soliciting competitive bids for the replacement of wastewater sewer lateral lines on designated residential properties within the City. Sealed bids will be accepted at the Wylie Municipal Complex, Office of the Purchasing Agent, 2000 North Highway 78, Wylie, Texas until 2:00 PM January 24, 2007 at which time and place all bids will be publicly opened. The City reserves the right to reject any or all bids and to award a contract to the bidder who provides the best value for the City. The successful bidder shall provide all labor, equipment and materials necessary for the replacement of approximately 3,800 linear feet of lateral sewer connections from the residence to the property line in accordance with the specifications. The contractor shall be required to furnish performance and payment bonds equal to the amount of the contract. All work shall be performed in accordance with the 2003 International Plumbing Code, with amendments, as adopted by Ordinance 2005-61 on November 17, 2005 by the City Council of the City of Wylie, Texas. GENERAL CONSTRUCTION REQUIREMENTS 1. Remove and replace existing fence, if applicable, to as good or better condition. 2. Remove and dispose of existing vegetation. 3. Furnish and Install double cleanout at house if no cleanout exists. Furnish and Install double cleanout at property line if no cleanout exists. 4. Furnish and Install 4" Schedule 40 PVC sewer pipe with sand embedment adjacent to existing sewer line. The existing sewer line is to remain in place until the new sewer is connected. The existing sewer will not be required to be removed. Backfill trench. 5. Replanting of existing vegetation is not required. MEASUREMENT AND PAYMENT The following items shall be included in the unit price bid per linear foot of Wastewater Sewer Lateral: removal and disposal of existing vegetation; excavation; furnishing and placing embedment materials; furnishing and installing 4" Schedule 40 PVC; placing backfill; removing and replacing existing fence, if required; furnishing and installing double cleanouts if required; furnishing and placing all materials and for all labor, tools, equipment and incidentals necessary to complete the work. BID SUBMITTAL Bid Amount: $ '3' 42? per linear foot of 4 inch schedule 40 PVC sewer lateral. BIDDER NAME,ADDRESS & TELEPHONE L6X 94; ,W btv,Pti4/00 -TY 75-094 /02W 5*72-9V,?-6/66" 39s 096 AUTHORIZED SIGNATURE & TITLE Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 13, 2007 Item Number: C Department: Human Resources (City Secretary's Use Only) Prepared By: Lynn Fagerstrom Account Code: 100-5181-56080 Date Prepared: January 25, 2007 Budgeted Amount: Dallas Morning News Exhibits: Contract Subject Consider, and act upon, approval of an agreement between the City of Wylie and The Dallas Morning News for a 12 month period for the purpose of employment recruiting advertising. Recommendation Motion to approve agreement between the City of Wylie and The Dallas Morning News for a 12 month period for the purpose of employment recruiting advertising. Discussion The City of Wylie has contracted with the Dallas Morning News for the past three years at a rate far reduced from the standard rates. The Dallas Morning News has submitted a new proposed contract that will begin March 1, 2007, and terminate February 28, 2008. Under the proposed contract, our per line rate will be $8.82, up $.42 from the 2006 rate. The contract is based on an annual usage value of$10,000.00; we spent $14,702.00 from March, 2006 to January, 2007. Approved By Initial Date Department Director 1/25/07 City Manager 407 Page 1 of 2 Page 1 of 2 pa U a flnruin4 )Ttlit$ Contract CLASSIFIED Advertising Contract March 1,2007 Automotive Real Estate ® Recruitment City of Wylie (Account# 054431904) Hereinafter referred to as Advertiser hereby contracts with THE DALLAS MORNING NEWS for consumption of not less than $10,000 (Ten Thousand Dollars) of advertising,through the use of classified advertising(all publications—The Dallas Morning News,Quick,Al Dia),to be published within twelve(12)months,such advertising to pertain solely to the business of the Advertiser as now conducted,for which the Advertiser agrees to pay at the office of The Dallas Morning News at Dallas,Texas,in accord with the attached schedule of rates. The term of this agreement is for the period beginning March 1,2007 and ending February=28,2008 . The Dallas Morning News will provide Advertiser with monthly revenue updates summarizing $10,000 the advertising revenue spent by Advertiser. If during the Contract Period,Advertiser does not achieve the contracted dollar volume level Dollar Volume Contract specified above,Advertiser will be billed and agrees to pay the difference between the amount billed at the discounted rate for the contracted dollar volume level and amount that would have DMN Sunday Rate(per line) $8.82 been billed at the rate for the actual dollar volume level. For example,if the contracted dollar DMN Daily Rate(per line) $6.47 volume level is$500,000 Dollars and Advertiser's actual dollar volume is$400,000,Advertiser would be charged the difference between the discounted rate charged at the$500,000 dollar volume level and the rate charged for the$400,000 Dollar volume level based upon actual Bold Line Rate advertising volume. Such amount will be due and payable immediately upon receipt of the 1 line per ad .. $26.00 invoice. 2 lines per ad • $46.00 3+lines per ad $59.00 The Dallas Morning News may,during the term of this Agreement,offer different discount programs,designate new Dollar Volume Levels and frequency requirements for advertising. These changes will not be applicable to this Agreement.Rather,the rates and discounts described Wednesday JobCenter(per line) $3.49 in this Agreement will apply to the entire Contract Period,except as provided in the Further (optional) , Conditions attached hereto. In the event any tax is imposed on advertising,Advertiser agrees to JobCenter Products pay all such taxes,fees and surcharges. (not optional) $89.00 In-column This Agreement and the attached Further Conditions represents the only Agreement between the • Posted online at parties and may not be modified except in writing signed by both parties. Upon termination of jobcenter.dallasnews.com and this Agreement,the terms of this Agreement will not be renewable except by written agreement Yahoo!HotJobs.com. $175.00 of the parties. The Dallas Morning News is under no obligation to provide the same discount • Posted on JobCenter Kiosk Display programs or to continue any discounting upon termination of this Agreement. • Response Management Solution Upon expiration of the contract term specified above,the contract will continue on a month-to- month basis at Publisher's then current advertising rates. Either party may terminate the month- Metro South Zone Rate(per line) to-month contract with thirty days'written notice to the other party. Daily Rate(Per Line) $3.76 Sunday Rate(Per Line) $4.37 The Display rates of Publisher are based upon the volume or number of inches used by its advertisers.The rates specified herein are to apply only in the event the number of insertions contracted for is used by the Advertiser.An insertion refers to advertising space used on a specific day.Multiple advertisements used in one day are considered one insertion. The entire contract is expressed on the face hereof and in the additional Further Conditions attached hereto and no verbal agreements,provisions or conditions exist with respect thereto. Signed: The Dallas Morning News City of Wylie 508 Young Street 2000 N Highway 78 Dallas, TX 75202-4808 Wylie,Texas 75098 BY: BY: NAME: LISA VIRGOE NAME: TITLE: CLASSIFIED RECRUITMENT ADVERTISING DIRECTOR TITLE: DATE: DATE: Page 2 of 2 FURTHER CONDITIONS OF THIS CONTRACT 1. The Publisher reserves the right to edit or reject any advertising tendered under this contract. 2. Payment by Advertiser must be made in Dallas,Texas,and shall be made not later than the 15th of the month for space billed in the preceding calendar month.The Publisher and Advertiser agree that this contract is performable in Dallas County,Texas. Any amount not paid in full by the due date will be considered overdue and incur interest at a rate of 1.5%per month or the maximum amount permitted by law,whichever is less 3. The rates of Publisher as set forth in this Agreement are based upon an assumed classification for the advertising being placed.If at any time the Publisher determines that the advertising being placed does not qualify for the rates set forth,then Publisher shall notify Advertiser that any further inserts run pursuant to this agreement shall be run at a revised rate.Advertiser agrees to pay to Publisher the revised rate for any insertions run after Advertiser has received notice that the rate has been revised and has been advised of the amount of the revised rate.If the advertiser chooses not to pay the revised rate,then the Advertiser must so advise Publisher before any additional insertions are run.If the Advertiser gives notice to Publisher that Advertiser will not pay the revised rate,then this Agreement shall be terminated and the parties shall have no further liability to each other except for amounts owing for advertising run prior to Publisher's receipt of such notice from Advertiser. Upon contract termination,all advertising will be billed at the appropriate rate card rates. 4. Advertisements are to be inserted in accordance with the Publisher's rules of composition,position,and shape. 5. If the Advertiser specifies position,then the Advertiser agrees to pay the rate for such specific position provided the desired position is available.The Publisher does not agree to accommodate a request for a specified position.If a specified position requested by an Advertiser is not available,then the Publisher may position the copy in any position according to the Publisher's rules of composition,position and shape unless the Publisher is notified in writing by the Advertiser that the copy is to be printed only in the specified position and the Advertiser agrees to pay the applicable rate of any copy printed in other than the specified position. 6. In the event the Advertiser fails to make payment as agreed,the Publisher and Advertiser agree that Publisher may at any time discontinue the advertising of Advertiser and cancel this contract.Cancellation of the contract shall in no way affect the obligation of the Advertiser to pay amounts due at the time of cancellation. 7. In case of omission or error in an advertisement as presented,the Publisher shall not be liable for damages,but in such event the Advertiser's sole remedy shall be that the Advertiser shall not be liable for the entire cost of the advertisement. The publisher will determine the%of effective cost due to error and reduce the entire cost of the ad by this%amount. Publisher is the sole judge. 8. Advertising running consecutively will be carried until new copy is furnished or the advertising is ordered suspended.All orders changing copy or suspending an advertisement must be made in writing. 9. In the event of default or other breach of the Advertiser in the undertaking herein,and suit thereon,Advertiser agrees to pay all attorneys fees and costs incurred by Publisher. 10. While this contract is in effect,should any conditions arise which affect the cost of newspaper operation such as,imposition by the Government of a sales tax or increased material or production costs,the Publisher reserves the right to increase the advertising rates named on the reverse side hereof or incorporated,herein by reference.In such event,however,the Publisher must give the Advertiser at least thirty(30)days'notice thereof and if such increase is not satisfactory to the Advertiser,then the Advertiser shall have the privilege of canceling this contract. 11. Advertiser represents and warrants that the material provided by Advertiser for publication in accordance with this Agreement is true,accurate,and correct. Advertiser agrees to indemnify and hold harmless Belo and its directors,officers,agent and employees against and from all claims,exposure,liability,loss,or damage,including reasonable attorney's fees,alleged to be caused by or arising wholly or in part out of the publication of advertiser's material hereunder. 12. This contract made and entered into under Publisher's current published schedule of rates in effect on the date hereof,and by reference such schedule is expressly made a part hereof.Advertiser assumes responsibility for acquainting Advertiser with such current published schedule of rates and Advertiser agrees that Advertiser shall be deemed to know such current published schedule of rates. 13. Advertiser agrees to submit to Publisher in writing,all claims of errors in the statement of account submitted by Publisher within thirty(30)days of billing date.All such claims not submitted shall be considered waived. 14. In the event that Publisher's form"Application for Credit"has been completed and submitted by Advertiser in connection with this contract,Advertiser warrants that the information contained therein is true and correct,and agrees that the making of any false statements therein constitutes a material breach of this agreement. 15. Any Application for Credit executed by Advertiser is hereby made a part of this Contract and incorporated herein fully by reference. 16. The Advertiser,and the person signing in Advertiser's behalf if any,warrants they have the authority to make and sign this agreement. 17. The Advertiser agrees to assume liability for and make payment for all advertising published pursuant hereto in the event the Advertiser's business is sold, merged or otherwise transferred,until such time as a contract is entered into between Publisher and the new owner. 18. Space contracts and frequency contracts are automatically renewed for successive periods of one(1)year rates in effect at time of renewal.Either party may decline such renewal by written notice to the other thirty days prior to the expiration date of the current contract.One-time frequency contracts will not be renewed automatically. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 13, 2007 Item Number: D Department: Parks (City Secretary's Use Only) Prepared By: Jim Holcomb Account Code: 121-5622-58150 Date Prepared: February 7, 2007 Budgeted Amount: $14,000.00 Exhibits: Bid Subject Consider, and act upon, awarding a bid, in the amount of $13,303.00, to A New Deal Irrigation for the installation of an irrigation system at Olde City Park. Recommendation Motion to award a bid, in the amount of $13,303.00, to A New Deal Irrigation for the installation of an irrigation system at Olde City Park. Discussion The budget adopted for the 2007 fiscal year includes an allocation of$14,000.00 for irrigation systems in the Parks Acquisition and Improvement Fund budget. The funds were earmarked for an irrigation system at Olde City Park. Competitive sealed bids have been solicited in accordance with Chapter 252 of the Texas Local Government Code. The following bids were received. A New Deal Irrigation- $13,303.00 Turf-Scapes - $17,150.00 Canyon Creek Irrigation- $17,600.00 Irricon- $18,000.00 Pratt Construction- $18,407.00 Lemar Company- $20,950.00 Approved By Initial Date Department Director f M�S/� 2/7/07 City Manager 11 I r \ lqo Page 1 of 1 CITY OF WYLIE INVITATION FOR BIDS OLDE CITY PARK IRRIGATION SYSTEM The City of Wylie is soliciting competitive bids for the installation of an irrigation system at Olde City Park. Sealed bids will be accepted at the Wylie Municipal Complex, Office of the Purchasing Agent, 2000 North Highway 78, Wylie, Texas until 2:00 p.m. January 31, 2007 at which time and place all bids will be publicly opened. The City reserves the right to reject any or all bids and to accept the bid that provides the best value for the City. The successful bidder shall furnish all labor, equipment and materials required to complete the work as specified. PART 1 -GENERAL 1.1 SCOPE A. Provide complete sprinkler installation as detailed and specified herein, includes furnishing all labor, materials, and equipment for the proper installation. Work includes but is not limited to: 1. Trenching and backfill 2. Automatic controlled system. 3. Upon completion of installation, supply drawings showing details of construction including location of mainline piping, manual and automatic valves, electrical supply to valves, and specifically exact location of automatic valves. B. All sleeves as shown on plans are existing. Water meter to be provided by the City of Wylie. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. See Irrigation Plans. See plans for controller, heads, and valves. 1.3 APPLICABLE STANDARDS A. America Standard for Testing and Materials(ASTM)—Latest edition. 1. D2241 Poly(Vinyl Chloride) (PVC) Plastic Pipe (SDR-PR) 2. D2464 Poly(Vinyl Chloride) (PVC) Plastic Pipe Fittings,Thread, Schedule 80 3. D2455 Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 40 4. D2467 Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Socket Type, Schedule 80 5. D2564 Solvent Cements for Poly(Vinyl Chloride) (PVC) Plastic Pipe and Fittings 6. D2287 Flexible Poly Vinyl Chloride (PVC) Plastic Pipe 7. F656 Poly Vinyl Chloride (PVC) Solvent Weld Primer 8. D2855 Making Solvent—Cemented Joints with Poly(Vinyl Chloride) (PVC) Pipe and Fittings 1.4 MAINTENANCE AND GUARANTEE A. Materials and workmanship shall be fully guaranteed for one (1) year after final acceptance. B. Provide maintenance of system, including raising and lowering of heads to compensate City of Wylie 02810- 1 Irrigation for lawn growth, cleaning and adjustment of heads, raising and lowering of shrub heads to compensate for shrub growth, for one (1) year after completion of installation. C. Guarantee is limited to repair and replacement of defective materials or workmanship, including repair of backfill settlement. 1.5 SUBMITTALS A. Procedure: Comply with Division I requirements. B. Product Data: Submit(5) copies of equipment manufacturer's specifications and literature for approval by City of Wylie prior to installation. C. Project Record Documents 1. Comply with Division I requirements. 2. Locate by written dimension, routing of mainline piping, remote control valves and quick coupling valves. Locate mainlines by single dimensions from permanent site features provided they run parallel to these elements. Locate valves, intermediate electrical connections, and quick couplers by two dimensions from a permanent site feature at approximately 70 degrees to each other. 3. When dimensioning is complete,transpose work to mylar reproducible tracings. 4. Submit completed tracings prior to final acceptance. Mark tracings"Record Prints Showing Significant Changes". Date and sign drawings. 5. Provide three complete operation manuals and equipment brochures neatly bound in a hard back three-ring binder. Include product data on all installed materials. Include warranties and guarantees extended to the Owner by the manufacturer of all equipment. D. Quick Coupler Keys: Provide 3 coupler keys with boiler drains attached using brass reducer. E. Controller Keys: Provide three sets of keys to controller enclosure(s). F. Use of materials differing in quality, size, or performance from those specified will only be allowed upon written approval of the City of Wylie. The decision will be based on comparative ability of material or article to perform fully all purposes of mechanics and general design considered to be possessed by item specified. G. Bidders desiring to make a substitution for specified sprinklers shall submit manufacturer's catalog sheet showing full specification of each type sprinkler proposed as a substitute, including discharge in GPM maximum allowable operating pressure at sprinkler. H. Approval of substitute sprinkler shall not relieve Irrigation Contractor of his responsibility to demonstrate that final installed sprinkler system will operate according to intent of originally designed and specified system. I. It is the responsibility of the Irrigation Contractor to demonstrate that final installed sprinkler system will operate according to intent of originally designed and specified system. If Irrigation Contractor notes any problems in head spacing or potential coverage, it is his responsibility to notify the City of Wylie in writing, before proceeding with work. Irrigation Contractor guarantees 100% coverage of all areas to be irrigated. City of Wylie 02810-2 Irrigation 1.6 TESTING A. Perform testing required with other trades, including earthwork, paving, plumbing, electrical, etc.to avoid unnecessary cutting, patching and boring. B. Water Pressure: Prior to starting construction, determine if static water pressure is as stated on Drawings. Confirm findings to the City of Wylie in writing. If static pressure varies from pressure stated on drawings, do not start work until notified to do so by the City of Wylie. 1.7 COORDINATION A. Coordinate installation with other trades, including earthwork, paving, and plumbing, to avoid unnecessary cutting, patching and boring. B. Coordinate to ensure that electrical power source is in place. C. Coordinate system installation with work specified in other sections and coordinate with the City of Wylie to ensure plant material is uniformly watered in accordance with intent shown on drawings. PART 2 -PRODUCTS 2.1 GENERAL A. Mainline: Piping from water source to operating valves. This portion of piping is subject to surges, being a closed portion of sprinkler system. Hydrant lines are considered a part of sprinkler main. B. Lateral Piping: Lateral piping is that portion of piping from operating valve to sprinkler heads. This portion of piping is not subject to surges, being an "open end"portion of sprinkler system. 2.2 POLY VINYL CHLORIDE PIPE(PVC PIPE) A. PVC pipe shall be manufactured in accordance with commercial standards noted herein. B. Marking and Identification: PVC pipe shall be continuously and permanently marked with the following information: manufacturer's name, pipe size, type of pipe, and material, SDR number, product standard number, and the NSF (National Sanitation Foundation)seal. C. PVC Pipe Fittings: Shall be of the same material as the PVC pipe specified and shall be compatible with PVC pipe furnished. 2.3 COPPER TUBING Hard, straight lengths of domestic manufacture only. No copper tube of foreign extrusion or any so-called irrigation tubing (thin wall) shall be used. 2.4 COPPER TUBE FITTINGS Cast brass or wrought copper, sweat-solder type. City of Wylie 02810- 3 Irrigation 2.5 WIRE A. Type OF with 4-64" insulation which is Underwriter's Laboratory approved for direct underground burial when used in a National Electric Code Class II Circuit (30 volts AC or less). B. Wire Connectors: Waterproof splice kit connectors. Type DBY by 3M. 2.6 SCHEDULE 80 PVC NIPPLES A. Composed of Standard Schedule 40 PVC Fittings and PVC meeting noted standards. No clamps or wires may be used. Nipples for heads and shrub risers to be nominal one- half inch diameter by eight inches long,where applicable. B. Polyethylene nipples six (6") inches long to be used on all pop-up spray heads. 2.7 MATERIALS -See Irrigation Plan A. Sprinkler heads in lawn area as specified on plan. B. PVC Pipe: Class 200, SPR 21 Copper Tubing (City Connection): Type"M" 24V Wire: Size 14, Type U.F. C. Electric valves to be all plastic construction as indicated on plans. D. Refer to drawing for backflow prevention requirements and flow valve. Coordinate exact location with the City of Wylie. PART 3 -EXECUTION 3.1 INSTALLATION -GENERAL A. Staking: Before installation is started, place a stake where each sprinkler is to be located, in accordance with drawing. Staking shall be approved by City of Wylie before proceeding. B. Excavations: Excavations are unclassified and include earth, loose rock, rock or any combination thereof, in wet or dry state. Backfill trenches with material that is suitable for compaction and contains no lumps, clods rock, debris, etc. Special backfill specifications, if furnished take preference over this general specification. C. Backfill: Flood or hand-tamp to prevent after settling. Hand rake trenches and adjoining area to leave grade in as good or better condition than before installation. D. Piping Layout: Piping layout is diagrammatic. Route piping around trees and shrubs in such a manner as to avoid damage to plantings. Do not dig within ball of newly planted trees or shrubs. 3.2 PIPE INSTALLATION A. Sprinkler Mains: Install a four(4") inch minimum trench with a minimum of eighteen (18") inches of cover. City of Wylie 02810-4 Irrigation B. Lateral Piping: Install a four(4") inch wide minimum trench deep enough to allow for installation of sprinkler heads and valves, but in no case, with less than twelve (12") of cover. C. Trenching: Remove lumber, rubbish, and large rocks from trenches. Provide firm, uniform bearing for entire length of each pipe line to prevent uneven settlement. Wedging or blocking of pipe will not be permitted. Remove foreign matter or dirt from inside of pipe before welding, and keep piping clean by approved means during and after laying of pipe. 3.3 PVC PIPE AND FITTING ASSEMBLY A. Solvent: Use only solvent recommended by manufacturer to make solvent-welded joints. Thoroughly clean pipe and fittings of dirt, dust and moisture before applying solvent. B. PVC to metal connection: Work metal connections first. Use a non-hardening pipe dope such as Permatex No. 2 on threaded PVC adapters into which pipe may be welded. 3.4 COPPER TUBING AND FITTING ASSEMBLY Clean pipe and fitting thoroughly and lightly sand pipe connections to remove residue from pipe. Attach fittings to tubing in an approved manner using 50-50 soft solid core solder. 3.5 POP-UP SPRAY HEADS Supply pop-up spray heads in accordance with materials list and plan. Attach sprinkler to lateral piping with a semi-flexible polyethylene nipple not less than three (3') inches or more than six (6") inches long. 3.6 VALVES Supply valves in accordance with materials list and sized according to drawings. Install valves in a level position in accordance with Manufacturer's Specifications. See plan for typical installation of electric valve, valve box. 3.7 WIRING A. Supply wire from the automatic sprinkler controls to the valves. No conduit will be required for U.F.wire unless otherwise noted on the plan. Wire shall be tucked under the piping. B. A separate wire is required from the control to each electric valve. A common neutral ovk wire is also required from each control to each of the valves served by each particular control. C. Bundle multiple wires and tape them together at ten (10') foot intervals. Install ten (10") inch expansion coil at not more than one hundred (100) foot intervals. Make splices waterproof. 3.8 AUTOMATIC SPRINKLER CONTROLS Supply in accordance with Irrigation Plan. Install according to manufacturer's recommendations. City of Wylie 02810- 5 Irrigation 3.9 TESTING A. Sprinkler Mains: Test sprinkler main only for a period of twelve (12)to fourteen (14) hours under normal pressure. If leaks occur, replace joint or joints and repeat test. B. Complete tests prior to backfilling. Sufficient backfill material may be placed in trenches between fittings to insure stability of line under pressure. In each case, leave fittings and couplings open to visual inspection for full period of test. 3.10 FINAL ADJUSTMENT After installation has been completed, make final adjustment of sprinkler system in preparation for final inspection. Completely flush system to remove debris from lines and turning on system. Check sprinklers for proper operation and proper alignment for direction of flow. Check each section of spray heads for operating pressure and balance to other sections by use of flow adjustment and top of each valve. Check nozzling for proper coverage. Prevailing wind conditions may indicate that arch of angle of spray should be other than shown on drawings. In this case, change nozzles to provide correct coverage. END OF SECTION BID SUBMITTAL TOTAL LUMP SUM BID AMOUNT: 3) o3 BIDDER NAME,ADDRESS&TELEPHONE NUMBER: AN A �v►c, P© , 13ox / 089 IiyIie u :Tr, -75-o9.8 AUT 01p) SIGNATUR &TITLE: '` //Z9 07 i S,0401,1 Res",..1- v, 7Fvevvtovicldi". City of Wylie 02810-6 Irrigation Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 13, 2007 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Charles Lee Account Code: Date Prepared: 01/19/07 Budgeted Amount: Location Map, Site Plan w/Elevation, Map of Current Cell Towers w/in City of Exhibits: Wylie,Notification List& Map Subject Hold a Public Hearing and consider, and act upon, amending zoning from SF-10/24 to SF-10/24 with Special Use Permit (SUP) for a Telecommunications Tower to be located generally at the northeast corner of Stone Road and Akin Lane. ZC 2006-19. Recommendation Motion to approve amending zoning from SF-10/24 to SF-10/24 with Special Use Permit (SUP) for a Telecommunications Tower to be located generally at the northeast corner of Stone Road and Akin Lane. Discussion Owner: First Christian Church of Wylie Applicant: T-Mobile,USA The applicant is proposing to construct an 80-foot tall tower and incorporate telecommunications antennas and equipment on a 900 square foot lease space located southeast of the existing church building. The subject property is located on the northeast corner of Stone Road and Akin Lane and is zoned SF-10/24. Since the mid- 1960s, First Christian Church of Wylie has occupied the 3.3 acre tract. Properties north, south, east and west are zoned SF-10/24 and has been developed for single family residential uses. The proposed three-sided tower on the church site is similar in design, appearance and type generally constructed on church campuses. The proposed 80-foot height complies with the minimum 3 to 1 distance to height ratio setback from residential developments. In addition, this site meets the 5,000 feet separation from other telecommunication towers and will allow other providers to meet the growing needs for acceptable cellular services in the community. This request complies with all sixteen (16) provisions of Article 5, Section G. 14, (e) regulating telecommunication towers. The provisions include height, exterior material & construction requirements, setbacks from residential districts and other visual impacts to assure that such uses will be compatible and consistent with the character of the neighborhood. Page 1 of 2 Page 2 of 2 CONSIDERATIONS: 1. Height of the structure and setbacks from single family residential neighborhoods. 2. Type of structure including the exterior materials to match existing church building and equipment should be stealth in design, and its possible impacts to adjacent residential properties. 3. Providing acceptable cellular services throughout the community and minimum separation from existing towers. BOARD COMMISSION RECOMMENDATION: At the January 16, 2007 Planning & Zoning Commission meeting, the Commission voted 3-2 to recommend approval of Zoning Case 2006-19. Commission members voting in opposition voiced concerns about the 80- foot height of the structure in relation to the church's height and the impact the tower will have on adjacent properties. Notification/Responses: Notifications were mailed, only the Applicant/Owners property is within the 200' notification area. The legal description is the lease space only. Therefore, the 200' notification area included only the Applicant/Owner. Approved By Initial Date Department Director RO 1/191/07 City Manager lie ovg 0 7 I i i T••Mobile PREPAYTINWARFel I I I II I I I /-27 a CPFILE M'07N FAX 672J4N400 I I Ii_ _ I I i I I 1I I Ell 1 l- �G I !PROJECT ieo CTNP ,551 YC (auwN BY. EEL \. �a gyp,-I. i aa®I a er. 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Discussion The Rita and Truett Smith Public Library is updating its Fines and Fees Schedule to include items previously not on the schedule and to amend and update existing ones. The objectives for fines and fees is as follows: • The goal is to find a balance between the length of check-out per items and the availability of items for the general public. • Policies are designed to make the best possible use of the library's collection by the greatest number of individuals. • Fines are incentives to bring materials back. They are not punishment for keeping materials overdue. A review of area libraries was conducted so that the Smith Public Library offers comparable fines and fees. SECTION 18.00 (Library Fees)will be revised to read as: Extended use fees and service charges shall be assessed as follows: Extended Use Fees: Books, Magazines, Books-on-Tape/CD, Video (per day,per item) .10 DVD (per day,per item) 1.00 Service Charges: Fax (including cover page,per page) .50 Copies, photocopier and printer(Black and White,per sheet) .10 Copies (color,per sheet) .25 Page 1 of 2 Page 2 of 2 Library Card Replacement 1.00 Barcode 1.00 Damaged Material cost of the materials,plus $3.00 processing fee DVD and Video Cases 3.00 Lost Materials cost of the materials,plus $3.00 processing fee Overhead Projector(per day) 10.00 The Library Board may periodically authorize temporary alternative programs related to collection of extended use fees. Approved By Initial Date Department Director RO 1/29/07 City Manager r/NIA a /� 707 Library Name Book/AVFines Video/DVD fines copies Lost Cards Laminating Faxing Allen $0.25 $1.00 0.10 $2.00 n/a n/a Bedford $0.20 $0.20 .10/b&w.50 color $1.00 n/a n/a Benbrook $0.10 $0.10 0.10 $1.00 n/a n/a Cedar Hill $0.20 $1.00 0.10 $5.00 n/a n/a Coppel $0.10 $1.00 0.15 $1.00 n/a n/a Denison $0.15 $1.00 0.25 $2.00 .10 per inch n/a DeSoto $0.25 $1.00 0.10 $3.00 n/a n/a Denton $0.25 $1.00 0.10 $2.00 n/a n/a Duncanville $0.25 $2.00 0.10 $5.00 n/a n/a Euless $0.25 $0.20 0.10 $2.00 n/a 1.00 per page Farmers Branch $0.10 $1.00 0.15 $1.00 n/a n/a Flower Mound n/a n/a 0.10 $3.00 n/a n/a Frisco none none 0.10 $1.00 n/a n/a Grand Prairie $0.25 $1.00 0.10 $2.00 n/a n/a Grapevine $0.10 $0.10 0.10 $1.00 $1.00 a foot $1.00/send and.50 receive Greenville $0.25 $1.00 0.15 $1.00 n/a n/a Haltom City $0.20 $0.20 0.10 $2.00 n/a $1.00/local&$2.00/Id Highland Park $0.10 $1.00 .10/b&w&.25 color $0.50 n/a n/a Hurst $0.20 $0.20 0.10 $0.50 n/a n/a Lake Cities $0.10 $2.00 0.10 $2.00 n/a $1.00 for send&receive Lancaster $0.10 $1.00 .10/b&w&2.00color $1.00 n/a $1.00 Little Elm $0.00 $0.00 .10/.15/b&w;25color $0.00 1.00 .10 local/.50 long distance Lewisville $0.25 $0.25 .15/b&w; .50 color $1.00 n/a n/a Mansfield $0.25 $2.00 .10/b&w&.50 color $3.00 n/a n/a McKinney $0.25 $0.25 0.15 $1.00 n/a n/a NRH $0.25 $1.00 0.10 $1.00 n/a n/a Plano $0.251 $1.00 0.10 $1.00 n/a n/a Richardson $0.25 $1.00 0.25 $2.00 n/a n/a Richland Hills $0.15 $1.00 0.10 $1.00 n/a n/a Rockwall $0.10 $1.00 0.10 $3.00 n/a n/a Rowlett $0.20 $0.20 0.15 $1.00 n/a n/a Saginaw $0.20 $1.00 .20 b&w; .25 color Sherman $0.15 $0.15 0.15 $1.00 .10 per inch $1.00 Terrell $0.10 $0.25 0.05 $3.00 n/a n/a The Colony n/a n/a 0.15 $2.00 n/a n/a University Park $0.25 $0.25 0.10 $1.00 n/a n/a Wylie $0.10 $1.00 0.10 $1.00 n/a $0.50 NOTE: Some libraries charge more for the second,third,and fourth lost cards. Others have one fee for any replacement. Listed above is the fee for the first card only for those libraries that have increasing charges. ORDINANCE NO. 2007-03 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 18.00 (LIBRARY FEES) OF ORDINANCE NO. 98-16 (CONSOLIDATED FEES AND CHARGES/FEE SCHEDULE ORDINANCE); PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie ("City Council") has adopted Ordinance No. 98-16 (Consolidated Fees and Charges Ordinance), including certain library fines and fees in Section 18.00; and WHEREAS, the City Council of the City of Wylie has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas, to amend Ordnance 98-16, Section 18.00(Library Fees), as set forth below. 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: Amendment to Ordinance No. 98-16, Section 18.00 (Library Fees). Section 18.00 (Library Fees) of Wylie Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) is hereby amended to revise Section 18.00 to read as follows: SECTION 18.00 LIBRARY FEES Extended use fees and service charges shall be assessed as follows: Extended Use Fees: Books, Magazines, Books-on-Tape/CD, Video (per day, per item) .10 DVD (per day,per item) 1.00 Service Charges: Fax (including cover page,per page) .50 Copies,photocopier and printer(Black and White,per sheet) .10 Copies (color, per sheet) .25 Library Card Replacement 1.00 Barcode 1.00 Damaged Material cost of the materials, plus $3.00 processing fee DVD and Video Cases 3.00 Ordinance 2007-03 Amending Ordinance No.98-16 Page 1 Library Fees 468445.v1 Lost Materials cost of the materials, plus $3.00 processing fee Overhead Projector(per day) 10.00 The Library Board may periodically authorize temporary alternative programs related to collection of extended use fees. SECTION 3: Savings/Repealing Clause. Wylie Ordinance No. 98-16, as previously amended, shall remain in full force and effect, save and except as amended by this or any other ordinance. 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. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on this 13th day of February, 2007. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of publication in The Wylie News—February 21,2007 Ordinance 2007-03 Amending Ordinance No.98-16 Page 2 Library Fees 468445.v1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 13, 2007 Item Number: 3 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: February 2, 2007 Budgeted Amount: Exhibits: Agreement Subject Consider, and act upon, authorizing the City Manager to execute an agreement, in the amount of$102,250.00, with U.S. ROW for right-of-way acquisition services for the FM 1378 paving project. Recommendation Motion to authorize the City Manager to execute an agreement with U.S. ROW for right-of-way acquisition services for the FM 1378 paving project. Discussion $3,000,000 was funded in the 2003 Collin County Bond Program and $9,700,000 was funded in the 2005 City of Wylie Bond Program for improvements to FM 1378 from Brown Street to Parker Road. Collin County funded the engineering for the project and the remaining county funds will be used for construction. City bond funds will be used for the right of way acquisition and for construction. Recent development along FM 1378 has dedicated property for the expansion; however, approximately twenty- five parcels of right of way and eight easements are needed for the project. The right of way agent will obtain a gross market appraisal for both the residential and commercial properties. The purchase price of the parcels and easements will be presented for approval at a future Council meeting. Approved By Initial Date Department Director CH 2/2/07 City Manager 4101 h /o7 C:\Documents and Settings\cholsted.WYLIE\My Documents\projects\agenda\FM 1378 Right of way acquisition agenda.doc Page 1 of 1 PRICING AND FEES U.S.ROW proposes to perform right of way services for the following fees: The following prices are for file set up, title commitment, one offer and one counter offer for acquisition, gross market appraisal study, mortgage releases for tracts over $l OK and support for condemnation through commissioners hearing. City of Wylie, FM 1378 Project Set up,Title Commitment,Fee Acquisition, Condemnation Support& Mortgage Releases *A11 parcel payments,title insurance,and closing fees required to be paid at closing by the City will be requested by the CONSULTANT and paid directly by the City. Per Parcel Total Acquisition—Fee $2,650 25 parcels $66,250 Easements $2,000 8 parcel $16,000 Gross Market Appraisal $800 25 parcels $20,000 U.S. Right of Way Fees: $102,250 Per Parcel Additional Services • Coordinating condemnation hearings $1,500 • Per Hour Cost for Additional Services not listed $75.00 • Appraisal for condemnation $1000 The City of Wylie will be billed at the following pay points every 30 days by the 1St File Set Up&Title $650 Offer $1000 Closing or Final Offer $750 File Turned to City $250 Appraisal Costs at cost Accepted: U.S. ROW City of Wylie United States Right of Way Acquisition Company 1454 Javelin Way Lewisville TX 75077 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 13, 2007 Item Number: 4 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: 2/2/07 Budgeted Amount: Exhibits: Agreement Subject Consider, and act upon, approval of an Engineering Services Agreement, in the amount of$527,850.00, with RLK Engineering for the design of the expansion of Brown Street from SH 78 to Stone Road. Recommendation Motion to approve an Engineering Services Agreement, in the amount of$527,850.00, with RLK Engineering for the design of the expansion of Brown Street from SH 78 to Stone Road. Discussion The 2005 City of Wylie Bond Program identified $6,300,000 for the design and construction of approximately 11,100 linear feet of 4-lane concrete pavement section with sidewalks on Brown Street from SH 78 to Stone Road. The first bond issue included $900,000 for engineering and right of way acquisition for this project. The City's current Thoroughfare Plan does not show a future expansion of the roadway; however, with the projected increase in traffic volume due to the recent development of the new WISD High School and the future elementary school site at Springdale Way, an expansion will be necessary. Engineering services for the project include the design of the 4-lane paving section, storm sewer, sidewalks, utility relocations, erosion control, traffic control, and right of way documents. A summary of the proposed engineering fee is shown below: Summary of Fees Preliminary Engineering Services $236,225.00 Final Design Services $128,850.00 Bid Phase Services $21,475.00 Construction Administration $42,950.00 Alternate Services $23,100.00 Special Services $75,250.00 TOTAL $527,850.00 Page 1 of 2 Page 2 of 2 The alternate services include illumination design and irrigation system design which will be bid as alternates. The special services include surveying, right of way documents, right of way staking, and a geotechnical report for a recommended pavement section. Approved By Initial Date Department Director CH 2/2/07 City Manager 17)111/1 a 17 C:\Documents and Settings\cholsted.WYLIE\My Documents\projects\agenda\Brown street east engineering agreement agenda.doc AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS (CITY) AND RLK ENGINEERING, INC. (CONSULTANT) FOR ENGINEERING DESIGN SERVICES AGREEMENT Made as of the 13th day of February in the year Two Thousand and Seven: BETWEEN the City: The City of Wylie, Texas 2000 Highway 78 North Wylie, Texas 75098 Telephone: (972) 442-8120 Facsimile: (972) 442-4302 and the Consultant: RLK Engineering, Inc. 6136 Frisco Square Blvd., Suite 325 Frisco, Texas 75034 Telephone: (214) 619-1733 Facsimile: (214) 619-1833 for the following Project: Brown Street Reconstruction (SH 78 to Stone Street) The City and the Consultant agree as set forth below. THIS AGREEMENT is made and entered by and between the City of Wylie, Texas, a Home-Rule Municipal Corporation, hereinafter referred to as "City," and RLK Engineering, Inc., hereinafter referred to as "Consultant," to be effective from and after the date as provided herein, hereinafter referred to as "Agreement." WHEREAS, the City desires to engage the services of the Consultant to design and/or prepare construction documents for a the reconstruction of City of Wylie—Consultant Services Agreement Page 1 459432.v2 Brown Street from SH 78 to Stone Street within the City of Wylie, Texas, hereinafter referred to as "Project;" and WHEREAS, the Consultant desires to render such professional engineering services for the City upon the terms and conditions provided herein. NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That for and in consideration of the covenants contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: ARTICLE 1 CONSULTANT'S SERVICES 1.1 Employment of the Consultant — The City hereby agrees to retain the Consultant to perform professional engineering services in connection with the Project. Consultant agrees to perform such services in accordance with the terms and conditions of this Agreement. 1.2 Scope of Services — The parties agree that Consultant shall perform such services as are set forth and described in Exhibit "A," which is attached hereto and incorporated herein by reference for all purposes. The parties understand and agree that deviations or modifications to the scope of services described in Exhibit "A," in the form of written change orders, may be authorized from time to time by the City. 1.2.1 Requirement of Written Change Order — "Extra" work, or "claims" invoiced as "extra" work, or "claims" which have not been issued as a duly executed, written change order by the Wylie City Manager, will not be authorized for payment and/or shall not become part of the subcontracts. A duly executed written change order shall be preceded by the Wylie City Council's authorization for the Wylie City Manager to execute said change order. 1.2.2 DO NOT PERFORM ANY EXTRA WORK AND/OR ADDITIONAL SERVICES WITHOUT A DULY EXECUTED WRITTEN CHANGE ORDER ISSUED BY THE WYLIE CITY MANAGER. Project Managers, Superintendents, and/or Inspectors of the City are not authorized to issue verbal or written change orders. 1.3 Schedule of Work — The Consultant agrees to commence work immediately upon the execution of this Agreement, and to proceed diligently with said work to completion as described in the Compensation Schedule / Project Billing / Project Budget attached hereto as Exhibit "B" and incorporated herein by reference for all City of Wylie—Consultant Services Agreement Page 2 459432.v2 purposes, but in no event shall the Project be completed any later than January 31, 2009. 1.4 Failure to Meet Established Deadlines — Consultant acknowledges that time is of the essence in the performance of services under this Agreement as set forth in the Compensation Schedule / Project Billing / Project Budget attached hereto as Exhibit "B," and that non-compliance with the project schedule will harm residents of the City and the amounts of actual damages will be difficult or impossible to ascertain. If the Consultant fails to complete the Project tasks and to complete the required deliverables as stated in Exhibit "A" and accepted by the City by January 31, 2009, the City may therefore assess Liquidated Damages against the Consultant. Consultant acknowledges that the Liquidated Damages set forth below are a reasonable approximation of the actual damages and this Section 1.4 is intended to provide compensation and is not a penalty. 1.4.1 Liquidated Damages — The damages for non-compliance with the Project schedule are One Hundred and Fifty and 00/100 Dollars ($150.00) per calendar day until the services are completed and the required deliverables, as stated in Exhibit "A," are completed and accepted by the City. 1.4.2 Maximum Assessment — Liquidated Damages assessed against the Consultant under Section 1.4 shall not exceed fifteen percent (15%) of the overall Project budget. 1.4.3 Commencement of Project Time — For purposes of assessing Liquidated Damages against the Consultant under Section 1.4, Project Time shall commence ten (10) days after the Consultant receives a fully executed copy of the Agreement. 1.4.4 Ending of Project Time — For purposes of assessing Liquidated Damages against the Consultant under Section 1.4, Project Time shall end upon the completion of all required deliverables, as stated in Exhibit "A," as required by this Agreement and accepted by the City. 1.4.5 Exceptions of Project Time — The assessment of Liquidated Damages against the Consultant under Section 1.4 shall not apply to the existence of the following conditions: 1.4.5.1 Delays resulting from acts of nature; 1.4.5.2 Delays not controlled by the Consultant; City of Wylie—Consultant Services Agreement Page 3 459432.v2 1.4.5.3 Delays caused by slow or insufficient response time, defined as ten (10) or more business days, by the City to the Consultant's requests for information and review prior to the submittals and deadlines as outlined in Exhibit "B;" 1.4.5.4 Project time during any and all periods that the plans, specifications, contract documents, and right-of-way plats and descriptions are being reviewed by the City, Texas Department of Transporation ("TxDOT"), or the North Texas Tollway Authority ("NTTA"). In these instances the suspended time shall begin on the date the plans or other documents are mailed or delivered to the agency (as properly documented by Consultant) and shall continue until the day after all review comments have been discussed and appropriate responses have been agreed to by all parties as documented in writing. 1.4.5.5 It is agreed by both City and Consultant that the time for acquisition of right-of-way is not included in the Project Time. 1.4.6 Procedures for Extension of Project Time — For purposes of assessing Liquidated Damages against the Consultant under Section 1.4, the following procedures shall apply to all requests for the extension of Project Time as stated in the Agreement: 1.4.6.1 Conditions Present — The Consultant may submit a written request to the City requesting consideration for an extension of Project Time when the following conditions are present: 1.4.6.1.1 Due to a lack of timely response from franchise utility companies or property owners to requests for assistance in determining the location of their facilities or improvements that may impact the design of the Project or City, TxDOT, or NTTA in finalizing design determinations; and/or 1.4.6.1.2 For property owners failing to provide permission to survey within ten (10) calendar days of such a request being made by Consultant; and/or City of Wylie—Consultant Services Agreement Page 4 459432.v2 1.4.6.1.3 For any and all revisions to the Scope of Services as stated in Exhibit "A." 1.4.6.2 City Review and Response to Requests for Extension of Project Time — The City agrees to review such written requests for an extension of Project Time and to respond to the Consultant stating a recommended course of action within fifteen (15) business days upon receipt of such request. If a request for the extension of Project Time is approved by the City Council, City shall issue Consultant a duly executed, written change order stating the approved extension period. Other forms of notification regarding the extension of Project Time are not valid and do not amend the terms and conditions of the Agreement. 1.4.7 Procedures for Assessment of Liquidated Damages — The procedure for consideration and assessment of Liquidated Damages is as follows: 1.4.7.1 Liquidated Damages shall be assessed by the Wylie City Manager or his or her designee; 1.4.7.2 Notice of the assessment of Liquidated Damages against the Consultant shall be provided in writing by City to Consultant, and such notice shall be delivered (but is not limited to) the Consultant via U.S. Certified Mail; 1.4.7.3 City and Consultant agree that the assessment date of Liquidated Damages shall be the date of postmark on the mailing of the notice. 1.4.8 Recovery of Liquidated Damages — Upon written notice to Consultant, the City shall recover assessed Liquidated Damages against the Consultant by deducting the amount thereof from any monies due or that may become due the Consultant, and if said monies are insufficient to cover the assessed damages, then the Consultant shall pay the amount due to the City. Payment shall be completed on or before the tenth (10th) business day following the assessment. 1.4.9 Procedures for Disputing Liquidated Damages — Consultant agrees to comply with the assessment and recovery of Liquidated Damages by City, and to diligently continue with work on the Project in order to complete the Project tasks and the City of Wylie—Consultant Services Agreement Page 5 459432.v2 required deliverables as stated in Exhibit "A" and accepted by the City. At the completion of the Project the Consultant shall retain all rights and remedies as provided in this Agreement and by State Law in order to dispute the assessment of Liquidated Damages. ARTICLE 2 THE CITY'S RESPONSIBILITIES City shall do the following in a timely manner so as not to delay the services of Consultant: 2.1 Project Data — The City shall furnish required information that is currently has in its possession, as expeditiously as necessary for the orderly progress of the work, and the Consultant shall be entitled to rely upon the accuracy and completeness thereof. 2.2 City Project Manager — The City shall designate, when necessary, a representative authorized to act on the City's behalf with respect to the Project (the "Project Manager"). The City or such authorized representative shall examine the documents submitted by the Consultant and shall render any required decisions pertaining thereto as soon as practicable so as to avoid unreasonable delay in the progress of the Consultant's services. The Project Manager is not authorized to issue verbal or written change orders for "extra" work or "claims" invoiced as "extra" work. ARTICLE 3 CONSULTANT'S COMPENSATION 3.1 Compensation for Consultant's Services — As described in "Article 1, Consultant's Services," compensation for this Project shall be on a Type of Payment Basis not to exceed Five Hundred Twenty Seven Thousand Eight Hundred and Fifty and 00/100 Dollars ($527,850.00), ("Consultant's Fee") and shall be paid in accordance with Article 3 and the Compensation Schedule / Project Billing / Project Budget as set forth in Exhibit "B." The final five percent (5%) of the Consultant's Fee, or Twenty Six Thousand Three Hundred Ninety Two and 50/100 Dollars ($26,392.50), shall not be paid until the Consultant has completed all of the services described in Exhibit "A" and delivered to the City all of the documents, plans, data, maps, and/or other information required in Exhibit "A." 3.1.1 Completion of Record Documents — City and Consultant agree that the completion of the Record Documents and/or "As-Built" Documents, including hard copy formatting and electronic City of Wylie—Consultant Services Agreement Page 6 459432.v2 formatting, shall be completed, submitted to, and accepted by the City prior to payment of the final five percent (5%) of the Consultant's Fee, or Twenty Six Thousand Three Hundred Ninety Two and 50/100 Dollars ($26,392.50). The electronic formatting shall be consistent with the standards established in Exhibit "D," City of Wylie Guidelines for Computer Aided Design and Drafting ("CADD"). Completion of the Record Documents and/or "As- Built" documents shall be included in the Consultant's Fee and considered to be within the Scope of Services defined under this Agreement. 3.1.2 Disputes between City and Construction Contractor — If the Project involves the Consultant performing Construction Administration Services relating to an agreement between a Construction Contractor (the "Contractor") and the City, and upon receipt of a written request by City, Consultant shall research previous and existing conditions of the Project, and make a determination whether or not to certify that sufficient cause exists for the City to declare the Contractor in default of the terms and conditions of the agreement. Consultant shall submit his findings in writing to the City, or submit a written request for a specific extension of time (including the basis for such extension), within fifteen (15) calendar days of receipt of the written request from the City. City and Consultant agree that if requested by the City, completion of this task shall be included in the Consultant's Fee and considered to be within the Scope of Services as defined under this Agreement. 3.1.3 Consultation and Approval by Governmental Authorities and Franchised Utilities — Consultant shall be responsible for identifying and analyzing the requirements of governmental agencies and all franchise utilities involved with the Project, and to participate in consultation with said agencies in order to obtain all necessary approvals and/or permissions. The Consultant shall be responsible for preparation and timely submittal of documents required for review, approval, and/or recording by such agencies. The Consultant shall be responsible for making such changes in the Construction Documents as may be required by existing written standards promulgated by such agencies at no additional charge to City. 3.1.4 Substantial Compliance with Architectural Barriers Act — Should the Project fall within the regulatory requirements of the Texas Architectural Barriers Act (the "Barriers Act"), as solely determined by the City, Consultant shall comply with the Barriers Act. As part of the Scope of Services defined in this Agreement, City of Wylie—Consultant Services Agreement Page 7 459432.v2 it is the sole responsibility of the Consultant to identify and analyze the requirements of the Barriers Act and to become familiar with the governmental authorities having jurisdiction to approve the design of the Project. Consultant shall participate in consultations with said authorities in order to obtain approval for the Project. As part of the services provided under the Consultant's Fee, the Consultant shall obtain the Notice of Substantial Compliance for the Project from the Texas Department of Licensing and Regulation (the "TDLR"). The Consultant shall, without additional compensation, immediately correct any errors, omissions, or deficiencies in the design services and/or construction documents identified by TDLR and/or a Registered Accessibility Specialist ("RAS") at any phase of the Project, either by review of the construction documents, or inspection of the Project at the commencement of construction, during the construction of the Project, or at the completion of construction. 3.1.4.1 Submission of Construction Documents to TDLR — The Consultant shall mail, ship, or hand-deliver the construction documents to TDLR not later than five (5) calendar days after the Consultant issues the construction documents for the Project. 3.1.4.2 Completion of Registration Form to TDLR — Consultant shall complete an Elimination of Barriers Project Registration Form (The "Form") for each subject building or facility within the Scope of the Project, and submit the registration form(s) along with the applicable fees not later than fourteen (14) calendar days after the Consultant completes the submittal of the construction documents to TDLR. 3.1.4.3 TDLR Approval of Construction Documents — After review of the construction documents by TDLR, the Consultant shall be notified in writing of the results; however, it is the Consultant's responsibility to obtain TDLR's written comments. The Consultant shall address all comments that prevent TDLR approval of the construction documents, including comments relating to Conditional Approval that must be addressed in the design and construction of the Project. Consultant shall resubmit construction documents to TDLR for prior review to the completion of construction of the Project. City of Wylie—Consultant Services Agreement Page 8 459432.v2 3.1.4.4 TDLR Project Inspection — Consultant shall request an inspection from TDLR or a TDLR locally approved RAS no later than thirty (30) calendar days after the completion of construction of the Project. The Consultant shall advise the City in writing of the results of each Project inspection. City reserves the right to verify the written results with TDLR at any time during design, construction, or at the completion of the Project. 3.1.4.5 Corrective Modifications following TDLR Project Inspection - When corrective modifications to achieve substantial compliance are required, the TDLR inspector or the RAS shall provide the Consultant a list of deficiencies and a deadline for completing the modifications. Consultant shall provide the City with this list within five (5) calendar days of receipt. It is the sole responsibility of the Consultant to completely address the deficiencies by the stated deadline or to obtain a written notice of extension from the TDLR. When the corrective measures have been completed, Consultant shall provide the TDLR (and/or the RAS who completed the inspection) and the City with written verification of the corrective measures completed. 3.1.4.6 TDLR Notice of Substantial Compliance — TDLR shall provide a Notice of Substantial Compliance to the City after the newly constructed Project has had a satisfactory inspection, or Consultant has submitted verification of corrective modifications. City and Consultant agree that the final five percent (5%) of Consultant's Fee, or Twenty Six Thousand Three Hundred Ninety Two and 50/100 Dollars ($26,392.50) shall not be paid until the City is in receipt of the TDLR's Notice of Substantial Compliance for all Project components and/or phases of the Project. 3.2 Direct Expenses — Direct Expenses are included in the Consultant's Fee as described in Article 3.1 and include actual reasonable and necessary expenditures made by the Consultant and the Consultant's employees and subcontractors in the interest of the Project. All submitted Direct Expenses are to be within the amounts as stated in the Compensation Schedule / Project Billing / Project Budget set forth in Exhibit "B," and consistent with Exhibit "E," City of Wylie Guidelines for Direct Expenses, General and Administrative Markup, and Travel and Subsistence Expenses. The Consultant shall be solely responsible for City of Wylie—Consultant Services Agreement Page 9 459432.v2 the auditing of all Direct Expenses, including the subcontractors, prior to submitting to the City for reimbursement, and shall be responsible for the accuracy thereof. Any over-payment by the City for errors in submittals for reimbursement may be deducted from the Consultant's subsequent payment for services; provided, however this shall not be the City's sole and exclusive remedy for said overpayment. 3.3 Additional Services — The Consultant shall provide the services as described in the Scope of Services as set forth in Exhibit "A" of this Agreement. If authorized in writing by the City, the Consultant shall provide additional services, to be compensated on an hourly basis in accordance with this paragraph ("Additional Services"). These services may include, but are not limited to: 3.3.1 Additional meetings, hearings, work-sessions, or other similar presentations which are not provided for or contemplated in the Scope of Services described in Exhibit "A." 3.3.2 Additional drafts and revisions to the Project which are not provided for or contemplated in the Scope of Services as described in Exhibit "A." 3.3.3 Additional copies of final reports and construction plans which are not provided for or contemplated in the Scope of Services as described in Exhibit "A." 3.3.4 Photography, professional massing models which are not provided for or contemplated in the Scope of Services as described in Exhibit "A." 3.3.5 Compensation for Additional Services authorized by the City shall be in addition to the Consultant's Fee and shall be based on direct billable labor rates and expenses. 3.3.6 Compensation for Additional Services authorized by the City shall be in addition to the Consultant's Fee and shall be based on an hourly basis according to the following personnel rates. The rates set forth in this chart are subject to reasonable change provided prior written notice of said change is given to City. City of Wylie—Consultant Services Agreement Page 10 459432.v2 Hourly Billable Rates by Position Name Position Hourly Rate Ronny L. Klingbeil, P.E. Principal $ 125.00 Chad A. Pendley, P.E. Sr. Project Manager $ 120.00 Don Wortham, PhD. Project Manager $ 110.00 Project Engineer $ 100.00 David Surdukan, R.P.L.S. $ 110.00 R.P.L.S. Engineering Intern $ 85.00 John E. Elliott, E.I.T. Engineering Intern $ 85.00 Wes Lawson, E.I.T. Senior Technician $ 80.00 Steve Hutchings Senior Engineering Tech $ 80.00 James D. Swaim Administrative (HR / $ 60.00 Kristy Rowell Acct) $ 55.00 Leslie N. Moore Administrative $ 140.00 Survey Field Crew (Secretarial) Survey Field Crew 3.4 Invoices — No payment to Consultant shall be made until Consultant tenders an invoice to the City. Invoices are to be mailed to City immediately upon completion of each individual task listed in Exhibit "B." On all submitted invoices, Consultant shall include appropriate background materials to support the submitted charges on said invoice. Such background material shall include, but is not limited to, employee timesheets, invoices for work obtained from other parties, and receipts and/or log information relating to Direct Expenses. All invoices for payment shall provide a summary methodology for administrative markup and/or overhead charges. 3.5 Timing of Payment — City shall make payment to Consultant for said invoices within thirty (30) days following receipt and acceptance thereof. The parties agree that payment by City to Consultant is considered to be complete upon mailing of payment by City. Furthermore, the parties agree that the payment is considered to be mailed on the date that the payment is postmarked. 3.6 Disputed Payment Procedures — In the event of a disputed or contested billing by City, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. City shall notify Consultant of a disputed invoice, or portion of an invoice, in writing by the twenty-first (21st) calendar day after the date the City receives the invoice. City shall provide Consultant an opportunity to cure the basis of the dispute. If a dispute is resolved in favor of the Consultant, City shall proceed to process said invoice, or the disputed portion of the invoice, within the provisions of Article 3.5. If a dispute is resolved in favor of the City, Consultant shall submit to City a corrected invoice, reflecting any City of Wylie—Consultant Services Agreement Page 11 459432.v2 and all payment(s) of the undisputed amounts, documenting the credited amounts, and identifying outstanding amounts on said invoice to aid City in processing payment for the remaining balance. Such revised invoice shall have a new invoice number, clearly referencing the previous submitted invoice. City agrees to exercise reasonableness in contesting any billing or portion thereof that has background materials supporting the submitted charges. 3.7 Failure to Pay — Failure of the City to pay an invoice, for a reason other than upon written notification as stated in the provisions of Article 3.6 to the Consultant within sixty (60) days from the date of the invoice shall grant the Consultant the right, in addition to any and all other rights provided, to, upon written notice to the City, suspend performance under this Agreement, and such act or acts shall not be deemed a breach of this Agreement. However, Consultant shall not suspend performance under this Agreement prior to the tenth (10th) calendar day after written notice of suspension was provided to City, in accordance with Chapter 2251, Subchapter "D" ("Remedy for Nonpayment") of the Texas Government Code. The City shall not be required to pay any invoice submitted by the Consultant if the Consultant breached any provision(s) herein. 3.8 Adjusted Compensation — If the Scope of the Project or if the Consultant's services are materially changed due to no error on behalf of Consultant in the performance of services under this Agreement, the amounts of the Consultant's compensation shall be equitably adjusted as approved by City. Any additional amounts paid to the Consultant as a result of any material change to the Scope of the Project shall be authorized by written change order duly executed by both parties before the services are performed. 3.9 Project Suspension — If the Project is suspended or abandoned in whole or in part for more than three (3) months, Consultant shall be entitled to compensation for any and all work completed to the satisfaction of City in accordance with the provisions of this Agreement prior to suspension or abandonment. In the event of such suspension or abandonment, Consultant shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs, and/or any other items prepared by Consultant in connection with this Agreement prior to Consultant receiving final payment. If the Project is resumed after being suspended for more than three (3) months, the Consultant's compensation shall be equitably adjusted as approved by the City. Any additional amounts paid to the Consultant after the Project is resumed shall be agreed upon in writing by both parties before the services are performed. City of Wylie—Consultant Services Agreement Page 12 459432.v2 ARTICLE 4 OWNERSHIP OF DOCUMENTS 4.1 Documents Property of the City — The Project is the property of the City, and Consultant may not use the documents, plans, data, studies, surveys, drawings, maps, models, reports, photographs, and/or any materials for any other purpose not relating to the Project without City's prior written consent. City shall be furnished with such reproductions of the Project, plans, data, documents, maps, and any other information as defined in Exhibit "A." Upon completion of the work, or any earlier termination of this Agreement under Article 3 and/or Article 7, Consultant will revise plans, data, documents, maps, and any other information as defined in Exhibit "A" to reflect changes while working on the Project and promptly furnish the same to the City in an acceptable electronic format. All such reproductions shall be the property of the City who may use them without the Consultant's permission for any purpose relating to the Project, including, but not limited to, completion of the Project, and/or additions, alterations, modifications, and/or revisions to the Project. 4.2 Documents Subject to Laws Regarding Public Disclosure — Consultant acknowledges that City is a governmental entity and that all documents, plans, data, studies, surveys, drawings, maps, models, reports, photographs, and/or any items prepared or furnished by Consultant (and Consultant's professional associates and/or Sub- consultants) under this Agreement are instruments of service in respect of the Project and property of the City and upon completion of the Project shall thereafter be subject to the Texas Public Information Act (Texas Government Code, Chapter 552) and any other applicable laws requiring public disclosure of the information contained in said documents. ARTICLE 5 CONSULTANT'S INSURANCE REQUIREMENTS 5.1 Required Professional Liability Insurance — Consistent with the terms and provisions of Exhibit "F," City of Wylie Contractor Insurance Requirements, Consultant shall maintain, at no expense to City, a professional liability (errors and omissions) insurance policy with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s), authorized to transact business in the State of Texas, in an amount not less than One Million and 00/100 Dollars ($1,000,000.00) for each occurrence, and Two Million and 00/100 Dollars ($2,000,000.00) in the aggregate. Such policy shall name the City, its officers, agents, representatives, and • employees as additional insured as to all applicable coverage. Such City of Wylie—Consultant Services Agreement Page 13 459432.v2 policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent that same is covered by the proceeds of the insurance. Such policy shall require the provision of written notice to City at least thirty (30) days prior to cancellation, non-renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. Consultant shall furnish City with certificates evidencing such coverage prior to commencing work on the Project. 5.2 Required Workers Compensation Insurance — Consistent with the terms and provisions of Exhibit "F," City of Wylie Contractor Insurance Requirements, Consultant shall maintain, at no expense to City, all Statutory Workers Compensation Insurance as required by the laws of the State of Texas. Such insurance policy shall be with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent service(s), and authorized to transact business in the State of Texas. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent that same is covered by the proceeds of the insurance. Such policy shall require the provision of written notice to City at least thirty (30) days prior to cancellation, non-renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. Consultant shall furnish City with certificates evidencing such coverage prior to commencing work on the Project. 5.3 Circumstances Requiring Umbrella Coverage or Excess Liability Coverage — If Project size and scope warrant, and if identified on the checklist located in Exhibit "F," City of Wylie Contractor Insurance Requirements, Consultant shall maintain, at no expense to the City, an umbrella coverage or excess liability coverage insurance policy with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s), authorized to transact business in the State of Texas, in an amount of Two Million and 00/100 Dollars ($2,000,000.00). Consistent with the terms and provisions of Exhibit "F," such policy shall name the City, its officers, agents, representatives, and employees as additional insured as to all applicable coverage. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent that the same is covered by the proceeds of the insurance. Such policy shall require the provision of written notice to the City at least thirty (30) days prior to cancellation, non-renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. Consultant shall furnish City with certificates evidencing such coverage prior to commencing work on the Project. City of Wylie—Consultant Services Agreement Page 14 459432.v2 ARTICLE 6 CONSULTANT'S ACCOUNTING RECORDS Records of Direct Expenses and expenses pertaining to services performed in conjunction with the Project shall be kept on the basis of generally accepted accounting principles. Invoices will be sent to the City as indicated in Article 3.4. Copies of employee time sheets, receipts for direct expense items and other records of Project expenses will be included in the monthly invoices. ARTICLE 7 AUDITS AND RECORDS / PROHIBITED INTEREST/VENDOR DISCLOSURE The Consultant agrees that at any time during normal business hours and as often as the City may deem necessary, Consultant shall make available to representatives of the City for examination all of its records with respect to all matters covered by this Agreement, and will permit such representatives of the City to audit, examine, copy and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement, and for a period of four (4) years from the date of final settlement of this Agreement or for such other or longer period, if any, as may be required by applicable statute or other lawful requirement. The Consultant agrees that it is aware of the prohibited interest requirement of the City Charter, which is repeated on the Affidavit, attached hereto as Exhibit "G" and incorporated herein for all purposes, and will abide by the same. Further, a lawful representative of Consultant shall execute the Affidavit attached hereto as Exhibit "G". Consultant understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form ClQ, attached hereto as Exhibit "H" and incorporated herein for all purposes. ARTICLE 8 TERMINATION OF AGREEMENT / REMEDIES City may, upon thirty (30) days written notice to Consultant, terminate this Agreement, for any reason or no reason at all, before the termination date hereof, and without prejudice to any other remedy it may have. If City terminates this Agreement due to a default of and/or breach by Consultant and the expense of finishing the Project exceeds the Consultant's Fee at the time City of Wylie—Consultant Services Agreement Page 15 459432.v2 of termination, Consultant waives its right to any portion of Consultant's Fee as set forth in Article 3 herein and agrees to pay any costs over and above the fee which the City is required to pay in order to finish the Project. On any default and/or breach by Consultant, City may elect not to terminate the Agreement, and in such event it may make good the deficiency in which the default consists, and deduct the costs from the Consultant's Fee due Consultant as set forth in Article 3 herein. If City terminates this Agreement and Consultant is not in default of the Agreement, Consultant shall be entitled to compensation for any and all work completed to the satisfaction of the City in accordance with the provisions of this Agreement prior to termination. In the event of any termination, Consultant shall deliver to City all finished and/or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs and/or any items prepared by Consultant in connection with this Agreement prior to Consultant receiving final payment. The rights and remedies provided by this Agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. ARTICLE 9 DISPUTE RESOLUTION / MEDIATION In addition to all remedies at law, the parties may resolve/mediate any controversy, claim or dispute arising out of or relating to the interpretation or performance of this Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually acceptable mediator. ARTICLE 10 INDEMNITY CONSULTANT SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR City of Wylie—Consultant Services Agreement Page 16 459432.v2 INTENTIONAL ACT AND/OR OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM CONSULTANT IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY CONSULTANT PURSUANT TO THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF THE CITY (HEREINAFTER "CLAIMS"). THIS INDEMNIFICATION PROVISION AND THE USE OF THE TERM "CLAIMS" IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN CONSULTANT AND ITS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH THE CONSULTANT, INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. CONSULTANT IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS; PROVIDED, HOWEVER, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT THE CITY (WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE NEGLIGENCE FOR THE CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, THEN CONSULTANT IS NOT REQUIRED TO INDEMNIFY THE CITY TO THE EXTENT OF THE NEGLIGENCE APPORTIONED TO THE CITY. City of Wylie—Consultant Services Agreement Page 17 459432.v2 IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY CONSULTANT IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF CONSULTANT'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF CONSULTANT'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. CONSULTANT SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF CONSULTANT FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND CONSULTANT SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. THE RIGHTS AND OBLIGATIONS CREATED BY THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. ARTICLE 11 NOTICES Consultant agrees that all notices or communications to City permitted or required under this Agreement shall be delivered to City at the following addresses: City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 City agrees that all notices or communication to Consultant permitted or required under this Agreement shall be delivered to Consultant at the following addresses: Chad A. Pendley, P.E. Project Manager RLK Engineering, Inc. 6136 Frisco Square Blvd, Suite 325 Frisco, Texas 75034 City of Wylie—Consultant Services Agreement Page 18 459432.v2 Any notice provided in writing under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. All notices or communication required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date such notice or communication is postmarked by the sending party. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other party in accordance with the provisions of this Agreement. ARTICLE 12 MISCELLANEOUS 12.1 Complete Agreement — This Agreement, including the exhibits hereto labeled "A" through "G," all of which are incorporated herein for all purposes, constitute the entire Agreement by and between the parties regarding the subject matter hereof and supersedes all prior and/or contemporaneous written and/or oral understandings. This Agreement may not be amended, supplemented, and/or modifies except by written agreement duly executed by both parties. The following exhibits are attached below and made a part of this Agreement: 12.1.1 Exhibit "A," Scope of Services. 12.1.2 Exhibit "B," Compensation Schedule / Project Billing / Project Budget. 12.1.3 Exhibit "C," City of Wylie Guidelines for Surveying and Benchmarking. 12.1.4 Exhibit "D," City of Wylie Guidelines for Computer Aided Design and Drafting (CADD). 12.1.5 Exhibit "E," City of Wylie Guidelines for Direct Expenses; General and Administrative Markup; Travel and Subsistence Expenses. 12.1.6 Exhibit "F," City of Wylie Contractor Insurance Requirements. 12.1.7 Exhibit "G," Affidavit. 12.1.8 Exhibit "H", Conflict of Interest Questionnaire, Form CIQ. City of Wylie—Consultant Services Agreement Page 19 459432.v2 12.2 Assignment and Subletting — The Consultant agrees that neither this Agreement nor the work to be performed hereunder will be assigned or sublet without the prior written consent of the City. The Consultant further agrees that the assignment or subletting or any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Consultant of its full obligations to the City as provided by this Agreement. All such approved work performed by assignment or subletting shall be billed through Consultant, and there shall be no third party billing. 12.3 Successors and Assigns — City and Consultant, and their partners, assigns, successors, subcontractors, executors, officers, agents, employees, representatives, and administrators are hereby bound to the terms and conditions of this Agreement. 12.4 Severability — In the event of a term, condition, or provision of this Agreement is determined to be invalid, illegal, void, unenforceable, or unlawful by a court of competent jurisdiction, then that term, condition, or provision, shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained herein. 12.5 Venue — This entire Agreement is performable in Collin County, Texas and the venue for any action related directly or indirectly, to this Agreement or in any manner connected therewith shall be in Collin County, Texas, and this Agreement shall be construed under the laws of the State of Texas. 12.6 Execution / Consideration — This Agreement is executed by the parties hereto without coercion or duress for any substantial consideration, the sufficiency of which is forever confessed. 12.7 Authority — The individuals executing this Agreement on behalf of the respective parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for an on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the other party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 12.8 Waiver — Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, City of Wylie—Consultant Services Agreement Page 20 459432.v2 at any time, shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel strict compliance. 12.9 Headings — The headings of the various sections of this Agreement are included solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. 12.10 Multiple Counterparts —This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 12.11 Sovereign Immunity — The parties agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 12.12 Additional Representations — Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had the opportunity to confer with its counsel. 12.13 Miscellaneous Drafting Provisions — This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. 12.14 No Third Party Beneficiaries -- Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest day as reflected by the signatures below. Effective Date: CITY CONSULTANT City of Wylie, Texas RLK Engineering., c By: By: Mindy Manson, City Manager Ronn lingbeil, resident City of Wylie—Consultant Services Agreement Page 21 459432.v2 APPROVED AS TO FORM: Abernathy, Roeder, Boyd, & Joplin, P.C. Julie Y. Fort City Attorneys STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Mindy Manson, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2007. Notary Public In and For the State of Texas My commission expires: STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Ronny Klingbeil, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and consideration expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 74-, day of , 2007. 4 t- Notary Public In and For the State of Texas �\\AY PYii RICK BATES ;��:'•• My commission expires: ((- S . I, . ? Notary Public,State of Texas i‘ti. My Commission Expires 14;;IVIV November 05,2007 City of Wylie—Consultant Services Agreement Page 22 459432.v2 Exhibit "A" Scope of Services Agreement by and between the City of Wylie, Texas (City) and RLK Engineering, Inc. (Consultant) to perform Professional Engineering Services for Brown Street Reconstruction from SH 78 to Stone Street. I. PROJECT DESCRIPTION The City of Wylie proposes to reconstruct Brown Street from SH 78 to Stone Street, which consists of approximately 11,100 linear feet of four-lane concrete pavement section with closed conduit storm drainage system. Water and sanitary sewer mains and services shall be relocated as necessary to accommodate the proposed improvements. Services by the consultant shall include all aspects of the work set forth in the following scope of services. The parameters for design of the improvements shall include the following: 1. Replacement of existing 2-lane asphalt roadway with new 4-lane divided concrete paving section. 2. Replacement of existing driveway approaches to the ROW line and beyond if necessary. 3. Replacement of existing sidewalks and barrier free ramps. New sidewalks and ramps shall be installed to meet City of Wylie requirements along with ADA and TDLR. 4. Replace / upgrade / add storm sewer system to carry the City Design storm runoff. 5. Relocation of existing water lines which conflict with the proposed roadway and drainage improvements, including services and meter boxes. 6. Relocation of existing sanitary sewer lines which conflict with the proposed roadway and drainage improvements, including manholes and services. Services shall be replaced to the R.O.W. line and include new clean-outs. 7. Work zone traffic control and construction sequencing. 8. Construction Erosion Control Plans. 9. Post-Construction erosion control (sodding). 10. Preparation of right-of-way and/or easement documents where necessary. 11. Scale of plans to be : 1"=20' Horizontal; 1"=4' Vertical. 12. All work shall conform to the City of Wylie requirements. 13. All design work will be prepared in CAD, with electronic files in AutoCAD format submitted to the City upon final record drawings. City of Wylie—Consultant Services Agreement Page 23 459432.v2 14. Submittals to the City of work-in-progress shall be at 30%, 65%, 90%, and 100% stages of completion. For each stage of review, three (3) sets of drawings will be furnished to the City. 15. Standards and typical construction details of the City may be referred to in the specifications and on the drawing rather than re-draw the standard detail. 16. Special details that are not included as a standard by the City shall be included in both plans and specifications. 17. Determine what other entities will need to review the plans before construction can begin i.e. TDLR (Texas Department of Licensing and Regulation), TCEQ (Texas Commission on Environmental Quality, THC (Texas Historical Commission), TxDOT, DART (Dallas Area Rapid Transit), FEMA, and any other entities that might need to review these plans. 18. Assist the city in preparing applications/letters/plan sets to be distributed to any entity for review purposes. The Engineer shall perform the necessary engineering and related technical services for the Design and Construction Phase Services, including necessary Additional Services for development of this project according to the following sections of this agreement. II. TASK SUMMARY, BASIC SERVICES. A. Task One, Preliminary Engineering Design — 1. Subtask 1 — Data Collection / Pre Design Meeting a. Obtain pertinent utility plans, street plans, plats, right-of-way maps, existing easement information, contour maps, and other features within and pertaining to the project area from the City of Wylie. The Engineer will also coordinate with franchise utilities in the area and obtain record information where available. Existing project conditions shall also be documented using digital photography and/or video. b. Meet with City of Wylie engineering staff to review project requirements, design criteria, communication procedures, project scheduling, personnel, and other pertinent matters that may impact the project. Additional meetings will be scheduled throughout the length of the project. 2. Subtask 2 — Field Surveying for Engineering Design Perform necessary surveying operations for the complete design of the project as outlined in this Scope of Services. Surveying shall include the following: City of Wylie—Consultant Services Agreement Page 24 459432.v2 a. Establish horizontal and vertical control using City of Wylie criteria. b. Tie right-of-way lines and corners, property lines and corners, trees six (6) inches in diameter and larger, fence lines, and other visible surface features. c. Topographic Information including cross sections of the existing ground features as needed for design. d. Horizontal and vertical location of all existing facilities within the project limits including existing paving, driveways, sidewalks, buildings, mailboxes, landscaping, etc. e. Tie existing visible franchise utilities and appurtenances, and public utilities such as water valves, fire hydrants, manholes, etc. f. Verify horizontal and vertical location of existing sanitary sewer facilities. g. Tie underground utilities if exposed. 3. Subtask 3 — Preliminary Engineering Design Prepare preliminary engineering plans with submittals at thirty percent (30%) and sixty-five percent (65%) completion. The preliminary engineering design phase will include the following: a. Prepare preliminary plans. 1. Establish preliminary horizontal and vertical alignments. 2. Locate utility crossing, and nearby utilities, and other nearby improvements. 3. Establish preliminary construction easement/right-of-way needs, if any. 4. Establish preliminary locations for water and sewer lines, if any. 5. Delineate drainage areas and make evaluations as to the extent drainage facilities are required in conjunction with the project. 6. Establish preliminary locations for drainage facilities. City of Wylie—Consultant Services Agreement Page 25 459432.v2 b. Work with affected franchise utilities to obtain accurate information for horizontal and vertical data of existing facilities and identify those to be protected or relocated. c. Coordinate with other governmental agencies, adjacent developments, and individual property owners as necessary. d. Prepare updated estimated construction quantities and opinion of probable construction costs for thirty percent (30%) and sixty-five percent (65%) submittals. Present any potential alternatives, which may provide cost savings to the City of Wylie. e. Submit three (3) sets of preliminary plans and estimates to the City of Wylie for review. Preliminary submittals will occur at thirty percent (30%) and sixty-five percent (65%) completion stages. An additional five (5) sets of preliminary plans shall be submitted at sixty-five percent (65%) completion for distribution to franchise utilities. f. Meet with franchise utilities, if required, to communicate project details. g. Meet with the City of Wylie to discuss preliminary plans and estimates at the scheduled intervals. Discuss preliminary construction sequencing, traffic control, property access, and construction storm water runoff issues. h. Attend public meetings, if required, to communicate project details to citizens, council members, or other interested parties. City of Wylie shall provide meeting location and notices. B. Task Two, Final Engineering Design — 1. Subtask 1 - Final Engineering Design Incorporating comments from the City of Wylie, franchise utilities, and other interested parties, prepare final engineering plans and specifications with submittals at ninety percent (90%) and one-hundred percent (100%) completion. The final engineering design phase will include the following: a. Revise and complete preliminary drawings. City of Wylie—Consultant Services Agreement Page 26 459432.v2 b. Prepare final construction sequencing, traffic control and access plans. c. Prepare storm water runoff erosion control plans. Incorporate standard details into the plans and prepare additional details as required. d. Final engineering plan sheets shall meet the City of Wylie standard criteria. 2. Subtask 2 -Project Manual Prepare project manual including bidding requirements, proposal, bid schedule, special conditions, and technical specifications. 3. Subtask 3 - Final Submittals Prepare updated estimated construction quantities and opinion of probable construction costs and submit three (3) sets of engineering plans and project manual, along with revised estimates to the City of Wylie for review. a. Submittals will occur at ninety percent (90%) and one hundred percent (100%) completion stages. b. Upon final review of one-hundred percent (100%) plans, supply three (3) sets of plans (hardcopy) to the City of Wylie. C. Task Three, Bidding / Construction Phase 1. Subtask 1 - Final Printing Coordinate final printing of construction plans and project manual for distribution to proposed bidders. The Engineer will recoup cost of bid sets by non-refundable fee from proposed bidders. All plans, project manuals, and other related bidding documents will be distributed from the office of the Engineer. 2. Subtask 2 - Bidding Process Assist the City of Wylie with the bidding process as follows: a. Provide bidding documents to approved Plan Rooms. b. Advertising for Bids. c. Attend pre-bid conference if required by the City of Wylie. d. Address questions from the proposed bidders during the bidding process and issue addenda as necessary. City of Wylie—Consultant Services Agreement Page 27 459432.v2 e. Prepare tabulation sheet for the bid opening and assist the City of Wylie in securing, opening, tabulating, and analyzing bids received. f. Prepare final bid tabulations based upon the bids received and furnish electronic bid tabulation sheet along with recommendations on the award of the contract to the lowest qualified bidder. Recommendations will be based upon the following criteria: 1. Past work history. 2. Financial resources. 3. Physical resources to complete the project. g. Prepare formal contract documents for execution between the Contractor and the City of Wylie. 3. Subtask 3 — Construction Administration a. Construction Plans - Furnish twelve (12) sets of final plans for construction for use by the City of Wylie and the Contractor. b. Pre-Construction Conference — Meet with the City of Wylie, the Contractor, and other interested parties to discuss the construction of the project, including project requirements, communication procedures, project scheduling, personnel, laboratory testing requirements, field inspection, construction staking, pay requests, and other pertinent matters that may impact the project. c. Construction Observation — Perform periodic site visits to determine the overall progress of construction and conformance with plans and specifications and attend monthly progress meetings if needed. d. Pay Requests — Review all pay application requests and submit to the City of Wylie for approval. e. Changes & Reviews — Review shop drawings, laboratory testing reports, field change requests and change orders. Provide written responses to requests for information or clarification to City or Contractor. Prepare and process routine change orders as they pertain to the original scope of work. Upon substantial completion of construction, the Engineer will conduct a final project walkthrough with the Contractor and City of Wylie and provide a punch list of outstanding issues. City of Wylie—Consultant Services Agreement Page 28 459432.v2 D. Task Four, Completion of Record Documents 1. Record Drawings — Prepare record drawings utilizing City of Wylie and Contractor as-built information, including one (1) set 22" X 34" Mylar record drawings and one electronic copy of all construction plan sheets in AutoCAD and Tiff Image formats. E. Task Five, TDLR Notice of Substantial Compliance III. TASK SUMMARY, SPECIAL SERVICES. A. Task One, Geotechnical Investigation for Design Provide geotechnical report for pavement, drainage, and structural design of the project. B. Task Two, Right-of-Way / Easement Documents 1. Prepare metes and bounds descriptions for the acquisition of all right-of-way necessary for the construction of the project. Submit three (3) copies of right-of-way documents to the City of Wylie at the sixty-five percent (65%) plan submittal. 2. Establish proposed easement and right-of-way corners on the ground (one-time). 3. Provide Right-of-Way Map showing properties with ownership and include existing and proposed right-of-way and easements. C. Task Three, Right-of-Way / Easement Staking for Franchise Utility 1. Provide Right-of-Way staking on an as needed basis for franchise utility relocation purposes (one-time per location). IV. ITEMS NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES. A. Additional Services not included in the existing Scope of Services — City and Consultant agree that the following services are beyond the Scope of Services described in the tasks above. However, Consultant can provide these services, if needed, upon the City's written request. Any additional amounts paid to the Consultant as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These Additional Services include the following: 1. Computer modeling and routing of water flows; 2. Final Plat; City of Wylie—Consultant Services Agreement Page 29 459432.v2 3. Environmental assessment or remediation; 4. Fees for permits and bid advertising; 5. Traffic engineering reports or studies; 6. Traffic Signals; 7. Floodplain reclamation plans or floodplain analysis; 8. Landscape Design; 9. Construction Inspection; 10.Designs for Trench Safety; 11.Consulting services by others not included in proposal; 12.Quality control and testing services during construction; 13.Alternate additions not included in the original scope; 14.Improvements outside the project limits, including but not limited to offsite drainage or utilities. V. DELIVERABLES. A. Required Deliverables — At the completion of Tasks 1 through 5, Consultant shall ensure the delivery of the following products to the City: 1. Three (3) sets of preliminary plans and estimates for review. 2. Two (2) copies of the geotechnical engineering report. 3. Three (3) copies of right-of-way acquisition documents. 4. Three (3) sets of final plans and estimates for review. 5. Two (2) sets of construction contract documents, including technical specifications and proposals. 6. Twelve (12) sets of final plans for construction. 7. One (1) set of reproducible record drawings, including an electronic copy of all construction plan sheets. City of Wylie—Consultant Services Agreement Page 30 459432.v2 B. Required Deliverables Subject to Liquidated Damages - The required deliverables described in Paragraph V(A)(1-3) above shall be subject to Liquidated Damages as set forth in Article 1, "Consultant's Services," Section 1.4, "Failure to Meet Established Deadlines." I. PROJECT LABOR ALLOCATION. TASK 1 Meet with City/Obtain Project Information 8 Preliminary Conduct field survey for design 320 Engineering Design Obtain Franchise Utility Information 40 Geotechnical Investigation 80 Prepare Preliminary Drawings 1400 Prepare ROW Acquisition Documents 160 Coordinate with Utilities 40 Prepare Quantity and Cost Estimates 40 Submit for Review 40 Meetings with City 40 Task 1 Subtotal 2168 Hours TASK 2 Revise Preliminary Plans &Address 240 Final Engineering Comments Design Prepare Final Plans& Incorporate 1200 Standards Prepare Technical Specs/Proposal 80 Submit for Review 16 Meetings with City 24 Task 2 Subtotal 1560 Hours TASK 3 Prepare Final Bid Documents 80 Bidding& Assist City with Bidding 80 Construction Phase Assist City with Pre-Construction 16 Provide Periodic Site Visits (Observation) 200 Assist City with Requests for Information/ Pay Applications 120 Task 3 Subtotal 496 Hours TASK 4 Prepare Record Drawings 80 Record Drawings Task 4 Subtotal 80 City of Wylie—Consultant Services Agreement Page 31 459432.v2 Hours TASK 5 TDLR Review/Compliance 40 TDLR Task 5 Subtotal 40 Hours TOTAL PROJECT 4264 Hours II. ATTACHMENTS (IF APPLICABLE). City of Wylie—Consultant Services Agreement Page 32 459432.v2 EXHIBIT "B" COMPENSATION SCHEDULE / PROJECT BILLING / PROJECT BUDGET Agreement by and between the City of Wylie (City) and RLK Engineering, Inc. (Consultant) to perform Professional Engineering Services for Brown Street Reconstruction from SH 78 to Stone Street. I. COMPENSATION SCHEDULE / PROJECT BILLING SUMMARY. MONTH, DATE, YEAR DOLLAR AMOUNT TASK COMPLETED February 28, 2007 -- City executes Agreement and Issues Notice to Proceed to Consultant; City delivers a copy of fully executed Agreement to Consultant. March 2, 2007 -- Consultant's receipt of fully executed Agreement; commencement of time for the assessment of Liquidated Damages. July 31, 2007 $ 329,657.50 Task One, Preliminary Engineering Design (Task Completed and all task-related deliverables completed as required by this Agreement and accepted by the City). October 31, 2007 $ 128,850.00 Task Two, Final Engineering Design (Task Completed and all task-related deliverables completed as required by this Agreement and accepted by the City). January 31, 2009 $ 42,950.00 Task Three, Bidding / Construction Phase (Task Completed and all task-related deliverables completed as required by this Agreement and accepted by the City). -- $ 26,392.50 Completion of Tasks. (Tasks (Final 5% of Consultant's Completed and deliverables Fee) completed as required by this Agreement and accepted by the City; to be completed no later than January 31, 2009 (Match with Article 1.3)). TOTAL CONSULTANT'S $ 527,850.00 FEE(NOT-TO-EXCEED) City of Wylie—Consultant Services Agreement Page 33 459432.v 1 II. PROJECT BUDGET SUMMARY. A. Basic Services. 1. Description of Basic Services. a. Preliminary Design. $ 214,750.00 b. Final Design. $ 128,850.00 c. Bid Specifications & Construction Documents. $ 21,475.00 d. Compliance with Barriers Act and TDLR $ 21,475.00 Notice of Substantial Compliance. e. Construction Administration $ 21,475.00 (including research of existing conditions and certification of Contractor's default). f. Completion of Record Documents. $ 21,475.00 g. Surveying Services. i. Design Surveying. $ 37,500.00 ii. Construction Surveying. $ 0.00 (By Construction Contractor) iii. Construction Staking. $ 0.00 (By Construction Contractor) h. Architectural Services. $ 0.00 (N/A) i. Landscape Irrigation Design Services (Alternate Service). $ 12,375.00 j. Illumination Design Services (Alternate Service). $ 10,725.00 Total Basic Services (Not-To-Exceed) $490,100.00 B. Special Services. 1. Geotechnical Investigation for Design $ 9,750.00 2. Right-of-Way/ Esmt. Documents (Est. 40 @ $600/Ea.) $ 24,000.00 3. ROW Staking for Franchise Utilities (One Time) ($100 ea. /Tract— Estimated 40 tracts) $ 4,000.00 Total Special Services (Not-To-Exceed) $ 37,750.00 City of Wylie—Consultant Services Agreement Page 34 459432.v2 C. Direct Expenses. Description of Direct Expenses for the Tasks described are included in the Basic Service Fees listed above. a. Mileage Reimbursement. $ 0,000.00 b. Commercial Reproduction. $ 0,000.00 c. In-House Reproduction. $ 0,000.00 d. Commercial Plotting. $ 0,000.00 e. In-House Plotting. $ 0,000.00 f. Communications. $ 0,000.00 g. Postage, Mail, and Delivery Service. $ 0,000.00 Total Direct Expenses (Not-To-Exceed) $ 0,000.00 I. General and/or Administrative Markup. (If this Section is Applicable to Contract) a. Description of Markup. $ 0,000.00 b. Total Approved Markup (Not-To-Exceed) $ 0,000.00 J. Travel and/or Subsistence Expenses. (If this Section is Applicable to Contract) 1. Description of Travel Expenses. $ 00,000.00 2. Description of Subsistence Expenses. $ 0,000.00 3. Total Approved Travel and Subsistence Expenses $ 00,000.00 (Not-To-Exceed) F. Project Budget, Grand Total(Not-To-Exceed) $ 527,850.00 City of Wylie—Consultant Services Agreement Page 35 459432.v2 EXHIBIT "C" CITY OF WYLIE METHODOLOGY FOR SURVEYING AND BENCHMARKING City of Wylie—Consultant Services Agreement Page 36 459432.vl EXHIBIT "D" CITY OF WYLIE GUIDELINES FOR COMPUTER AIDED DRAFTING AND DESIGN (CADD) City of Wylie—Consultant Services Agreement Page 37 459432.vl EXHIBIT "E" CITY OF WYLIE GUIDELINES FOR DIRECT EXPENSES; GENERAL AND ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES I. CONSULTANT'S RESPONSIBILITY. The Consultant shall be solely responsible for the auditing of all direct expense, approved markup (general and/or administrative), and approved travel and/or subsistence charges, including those to be included under a sub-contract, prior to the City for reimbursement, and Consultant shall be responsible for the accuracy thereof. Any overpayment by the City for errors in submittals for reimbursement may be deducted from the Consultant's subsequent payment(s) for services; however, this shall not be the City's sole and exclusive remedy for said overpayment. II. GUIDELINES FOR DIRECT EXPENSES. A. Local Transportation — Transportation in connection with the Project, when such transportation is not a function of routine performance of the duties of the Consultant in connection with the Project, and when such transportation exceeds beyond fifty (50) miles from the Project site, shall be reimbursed at a standard mileage rate consistent with that as issued, and periodically revised, by the United States Internal Revenue Service (IRS). Under no circumstances shall City reimburse Consultant at a higher standard mileage rate or pay additional markup on charges for local transportation. Completion of City's Standard Mileage Log is required for submittal of these charges for reimbursement, including justification for each submitted expense. Under no circumstances are charges associated with rental cars for local transportation eligible for reimbursement by City. Toll road subscriptions or toll plaza receipts are not reimbursable. Consultant agrees to place these standards in all subcontracts for work on the Project. B. Supplies, Material, Equipment — City shall reimburse the actual cost of other similar direct Project-related expenses, which are duly presented in advance and approved by City's Project Manager in writing. C. Commercial Reproduction — City shall reimburse the actual cost of reproductions, specifically limited to progress prints prepared for presentation to City at each phase of progress, and final Construction Documents prepared for distribution at bidding phase, provided that the Consultant has duly obtained at least three (3) quotations from commercial firms and has chosen the best value for the City. Consultant shall provide such documentation to City for review prior to submitting these expenses for reimbursement. Consultant agrees to place these standards in all subcontracts for work on the Project. D. In-House Reproduction - Consultant shall make arrangements with the City for prior approval of in-house reproduction rates prior to submitting these expenses for reimbursement. City shall provide Consultant with a standard format for documenting these charges. Completion of the City's reproduction log is required as a prerequisite for payment, including the number or reproductions, City of Wylie—Consultant Services Agreement Page 38 459432.v 1 the date, time, description, the approved standard rate, and a justification for each submitted expense for reimbursement. Consultant agrees to place these standards in all subcontracts for work on the Project. E. Commercial Plotting — City shall reimburse the actual cost of plots, specifically limited to final documents, provided the Consultant has duly obtained at least three (3) quotations from commercial firms and has chosen the best value for the City. Consultant shall provide such documentation to City for review prior to submitting these expenses for reimbursement. Consultant agrees to place these standards in all subcontracts for work on the Project. F. In-House Plotting — Consultant shall make arrangements with City for prior written approval of in-house plotting rates prior to submitting these charges for reimbursement. City shall provide Consultant with a standard format for documenting these charges. Completion of the City's reproduction log is required as a prerequisite for payment, including the number of plots, the date, time, description, the approved standard rate, and a justification for each submitted charge for reimbursement. G. Communications — Reimbursement for expenses relating to electronic communications shall be limited to long-distance telephone or fax toll charges specifically required in the discharge of professional responsibilities related to the Project. Telephone service charges including office or cellular phones, WATTS, or Metro line services or similar charges are not reimbursable. H. Postage, Mail, and Delivery Service — City shall reimburse the actual cost of postage and delivery of Instruments of Service, provided the Consultant duly considers all circumstances (including available time for assured delivery) of the required delivery and selects the best value for the City, which may require comparison of delivery costs offered by three (3) or more sources or methods of delivery, which at a minimum shall include U.S. Mail. Courier service is acceptable only in circumstances requiring deadline-sensitive deliveries and not for the convenience of the Consultant and/or the Consultant's employees. Consultant agrees to place these standards in all subcontracts for work on the Project. I. Meals and Other Related Charges — Meals or any other related expenses are not reimbursable unless incurred outside a fifty (50) mile radius of the Project, and then only reimbursable for the actual cost subject to compliance with the City's currently adopted policy. Non-allowable costs include, but are not limited to, charges for entertainment, alcoholic beverages, and gratuities. City of Wylie—Consultant Services Agreement Page 39 459432.v2 III. GUIDELINES FOR GENERAL AND ADMINISTRATIVE MARKUP. 1. Requirement of Prior Approval — Consultant may be allowed to charge a General and/or Administrative Markup on work completed if Consultant can clearly define to City specifically what costs are included in the markup calculation. To apply General and/or Administrative Markup, Consultant must also document to City what costs would be considered direct costs. City shall issue approval in writing to allow Consultant to charge General and/or Administrative Markup. City reserves the right to reject any and all requests for General and/or Administrative Markup. IV. GUIDELINES FOR TRAVEL AND SUBSISTENCE EXPENSES. 1. Requirement of Prior Approval — City shall reimburse the actual cost of travel and/or subsistence expenses upon prior written approval by the City's Project Manager. 2. Adherence to Currently Adopted City Travel Policy — Reimbursements shall be governed by the same travel policies provided for City employees according to current adopted policy. Prior to the event, Consultant shall request, and the City's Project Manager shall provide the provisions and the restrictions that apply to out-of-town reimbursements. City of Wylie—Consultant Services Agreement Page 40 459432.v2 EXHIBIT "F" CITY OF WYLIE CONTRACTOR INSURANCE GUIDELINES I. Requirement of Insurance — A. Such policy shall name the City, its officers, agents, representatives, and employees as additional insured as to all applicable coverage with the exception of workers compensation insurance. A. Such policy shall require the provision of written notice to City at least thirty (30) days prior to cancellation, non-renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. B. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of the insurance. II. Insurance Company Qualification — All insurance companies providing the required insurance shall be authorized to transact business in the State of Texas, and shall have a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s). III. Certificate of Insurance — A Certificate of Insurance evidencing the required insurance shall be submitted with the contractor's bid or response to proposal. If the contract is renewed or extended by the City a Certificate of Insurance shall also be provided to the City prior to the date the contract is renewed or extended. City of Wylie—Consultant Services Agreement Page 41 459432.vl IV. Insurance Checklist — "X" means that the following coverage is required for this Agreement. Coverage Required Limits X 1. Worker's Compensation & • Statutory Limits of the State of Employer's Liability Texas 2. General Liability • Minimum $ 1,000,000.00 each — occurrence; 3. XCU Coverage • Minimum $ 1,000,000.00 per occurrence; • Minimum $ 2,000,000.00 aggregate. X 4. Professional Liability • Minimum $ 1,000,000.00 each occurrence; • Minimum $ 2,000,000.00 in the aggregate. X 5. Umbrella Coverage or • An amount of$ 2,000,000.00. Excess Liability Coverage 6. City named as additional insured on General Liability Policy. This coverage is primary to all other coverage the City may possess. X 7. City provided with Waiver of Subrogation on Worker's Compensation Insurance. X 8. Thirty (30) days notice of cancellation, non-renewal, or material change required. The words "endeavor to" and "but failure" (to end of sentence) are to be eliminated from the Notice of Cancellation provision on standard ACORD certificates. X 9. Insurance company has a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s). X 10. The Policy and Certificate of Insurance both must state the project title and bid number. 11. Other Insurance Requirements (State Below): City of Wylie—Consultant Services Agreement Page 42 459432.v2 EXHIBIT "G" AFFIDAVIT THE STATE OF TEXAS § § THE COUNTY OF COLLIN § I, Ronny Klingbeil, a member of the Consultant team, make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have the following interest in a business entity that would be affected by the work or decision on the Project (Check all that apply): Ownership of 10% or more of the voting shares of the business entity. Ownership of Twenty Five Thousand and 00/100 Dollars ($25,000.00) or more of the fair market value of the business entity. Funds received from the business entity exceed ten percent (10%) of my income for the previous year. Real property is involved, and I have an equitable or legal ownership with a fair market value of at least Twenty Five Thousand and 00/100 Dollars ($25,000.00). A relative of mine has substantial interest in the business entity or property that would be affected by my business decision of the public body of which I am a member. Other: X None of the Above. Upon filing this affidavit with the City of Wylie, Texas, I further affirm that no relative of mine, in the first degree by consanguinity or affinity, as defined in Chapter 573 of the Texas Government Code, is a member of a public body which took action on the agreement. Signed this IA day of Aati. /J , 2007. .•gnature of Offi ial /Title BEFORE ME, the undersigned authority, this day personally appeared /Zo,s.a 7 I (-,,.16.g e, 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 711- day of PFra2-,4-' , 2007. /-4-;k •„" Notary Public in and for the State of Texas 4,,..qr"c��.; RICK BATES _ ty�/_: Notary Public,State of Texas My commission expires: /(• S • Zao `Z .', ,}4ti= My Commission Expires ''���f,RS1l'' November 03,2007 City of Wylie-Consultant Services A Bement Page 43 459432.v1 EXHIBIT "H" CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USEONLY 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. 11 Name of person doing business with local governmental entity. DCheck 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.D06(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. /1/dA) 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. Fonerleo r13,2D00 City of Wylie—Consultant Services Agreement Page 44 459432.v2 EXHIBIT "H" CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ Page 2 For vendor or other person doing business with local governmental entity 5.1 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 likely to receive taxable income from the filer of the questionnaire? Yes XI 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? 7 Yes DTI 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? 7 Yes IZ1 No D. Describe each affiliation or business relationship. El Describe any other affiliation or business relationship that might cause a conflict of interest. -;7 .....---grgnature of person doing business with the governmental entity Date Aenended C,,137.00e City of Wylie—Consultant Services Agreement Page 45 459432.v2 I Statement of Qualifications Brown Street Reconstruction City of Wylie I ' fI ' Presented By: SW" airAilir 6136 Frisco Square Blvd., Suite 325 Frisco, Texas 75034 February 1 , 2007 Voice (214) 619-1733 Fax (214) 619-1833 00, �� �' 6136 Frisco Square Blvd.,Suite 325-Frisco,Texas 75034 Ph: (214)619-1733 Fax: (214)619-1833 111 West Main Street-Allen,Texas 75013 Ph: (972)359-1733 Fax: (972)359-1833 January 1, 2007 e- City of Wylie, Texas Attn: Mr. Chris Hoisted, P.E. 2000 North Highway 78 e-, Wylie, Texas 75098 RE: Qualifications Statement for Brown Street Reconstruction �., Mr. Hoisted: On behalf of RLK Engineering, Inc., I would like to take this opportunity to express our •` excitement in submitting this Statement of Qualifications for the upcoming Brown Street ,.. Reconstruction project in the City of Wylie. The proposed project in Wylie creates many challenges and requires a team of quality focused individuals to provide the solutions needed to maintain the excellence that the community expects. We at RLK Engineering believe in providing the highest level of quality service in the industry. e. RLK Engineering's foundation is built upon its people and the professionalism in which we conduct our business. Time and resources are extremely valuable to a city like Wylie and design e-• mistakes and project delays are not acceptable. Communication, responsiveness, and responsibility are the heart of our firm, which means you get our best effort from the very �., beginning to beyond completion on each project. From new infrastructure projects to rehabilitation of existing facilities, RLK Engineering is prepared to deliver a quality product on time and within budget. Our team is experienced in municipal engineering and is ready to serve your needs. We hope you will consider us for your project needs and we look forward to the opportunity to show you a higher level of service. Sincerely, /A/oe RLK Engineering, Inc. Chad A. Pendley, P.E. Senior Project Manager Statement of Qualifications Brown Street ReconstructionPit RLK Engineering eiN r, COMPANY HISTORY Founded in 1998 by Mr. Ronny L. Klingbeil, P.E., RLK Engineering is a Corporation with offices located at 111 West Main Street in Allen, Texas and 6136 Frisco Square Blvd., Suite 325 in Frisco, Texas. Specializing in civil engineering services for governmental agencies, RLK Engineering is the consulting firm to count on for a responsive and competent team. While RLK Engineering is a relatively new company, having been in operation for only eight years, our strength lies in the experience and commitment of our employees which, on average, have seventeen years of experience. Our goal at RLK Engineering is to exceed our client's expectations on each and every project. From new infrastructure projects to rehabilitation of existing facilities, RLK Engineering is prepared to deliver a product that the City of Wylie can be proud of. Our commitment to our clients has created many continuing relationships. Extensive personal attention and professionalism given to each project help maintain these relationships while creating new ones through client referrals. A special effort is made to maintain close personal contact, to keep the client informed of the status of the project, to respond immediately to issues that arise, and P` ultimately, to bring the project to a timely conclusion within the city's budgetary requirements. Our experience with municipal projects such as Brown Street will demonstrate to the City of Wylie our ability to meet project deadlines and budget requirements. RLK Engineering, Inc. is registered with the Texas Board of Professional Engineers to provide engineering services in the State of Texas. Texas Certificate of Firm Registration #F-000579 CONTACT INFORMATION The primary contact for engineering services provided to the City of Wylie will be Mr. Chad A. Pendley, P.E. in the Frisco, Texas office. In addition, Mr. Ronny L. Klingbeil, P.E. may be contacted at any time to answer questions r, and comments. Mr. Pendley may be contacted at (214) 619-1733, on his mobile at (469) 223-4752, or via email at chad@rlkengineering.com. r- P' RILK EiiiiinEERiiira, %I OC. Mal EfG1%IEE i Ili, I Ifs. (Main Office) (Branch Office) 111 Main Street 6136 Frisco Square Blvd., Suite 325 e- Allen, Texas 75013 Frisco, Texas 75034 Voice (972) 359-1733 Voice (214) 619-1733 Fax (972) 359-1833 Fax (214) 619-1833 P` r- AI Ir'iL.IW I-1 P` r► Statement of Qualifications r` Brown Street Reconstructionrt( RLK Engineering l 01"- SERVICES PROVIDED RLK provides in house design for transportation, water resource, and governmental development projects. To r"` provide our clients with the best possible service, RLK Engineering has teamed with other consultants to provide specialized services such as surveying, geotechnical, structural, environmental, and landscaping. We believe in providing clear, detailed drawings to fully communicate the desired end project result. Below is a list of services eb, provided in-house by RLK Engineering. MASTER PLANS • Tunneling • Water • Elevated Storage Design • Wastewater ■ Franchise Utility Coordination • Thoroughfare ❑ In-house Survey ■ CAD Plans e. ROADWAY • Contract Administration • Roadway Design ■ Rehabilitation elk • Pavement Design en" • Storm Sewer Design WASTEWATER INCLUDING GREY WATER �, ■ Franchise Utility Coordination • Wastewater Main Design • Signals and Signage Design • Lift Station Design r` ❑ Traffic Analysis • Force Main Design �•. ❑ In-house Survey • Directional Boring • CAD Plans ❑ Micro Tunneling • Contract Administration ■ Pipe Jacking ❑ Hydrologic Evaluations ■ Tunneling • Hydraulic Evaluations • Franchise Utility Coordination ❑ LOMRs ❑ In-house survey is Detention/Retention Ponds is CAD Plans • Channel Design • Contract Administration • Bridge Design • Rehabilitation ■ Culvert Design • Insitu • SWPPPs • Pipe Bursting • Slip Lining WATER • Replacement • Water Main Design • Replacement other than open cut • Pump Station Design • Directional Boring • Distribution Analysis • Ground Storage Design PROJECT COST ESTIMATING • Directional Boring • Completed Plans ❑ Micro Tunneling • Pre-design ein ■ Pipe Jacking MINIM MI AP" imigiesmerefaiim 1-2 eik TECHNICAL CAPABILITIES RLK Engineering utilizes the latest computer technologies as an integral part of production. Computer aided r drafting software allows RLK Engineering to produce clear and detailed drawings in a very efficient and precise r manner. Engineering design software is utilized in the design of storm drainage systems, sanitary sewer systems, and water distribution systems. Civil engineering design and general office software used include the following: AutoCAD 2004 : FlowMaster • AutoDesk Civil Design 2004 CulvertMaster AutoDesk Survey 4- Microsoft Office XP (Word, Excel, e.., AutoDesk Land Desktop 2004 Power Point, Etc.) ❖ Land Enabled AutoDesk Map 5 Microsoft Project Autodesk Land Desktop 2007 Visio 2000 :• Autodesk Civil 3D 2007 .• Adobe 7.0 Professional �o Autodesk Land Enabled Map 2007 :• WaterCAD 7.0 AutoCAD 14 e", 4• TerraModel MicroStation RLK Engineering's computer network consists of multiple workstations connected to a central server. All information from the server is backed up to tape on a regular basis to minimize the risk of data loss. In addition, RLK Engineering has excellent printing, scanning, and electronic filing capabilities. Our Oce TDS 400 machine can plot, copy, and scan to file full size engineering drawings, while our HP Design Jet 1050C machine can plot full size color drawings for presentations and exhibits. e- FINANCIAL CAPABILITIES The financial strength of RLK Engineering lies within the leadership and desire of the firm to deliver quality engineering services and maintain long standing relationships with our clients. While RLK Engineering maintains a standing line of credit with Legacy Bank in the event that the need for credit arises. RLK Engineering has never had to utilize this resource. e- Additional information concerning our financial standing may be obtained by contacting: Scott Cortez Legacy Bank P.O. Box 869111 Plano, Texas 75086-9111 ea., (972) 461-1342 e- e.. LEGACYTEXAS 11111111111 NI MI AP" �'' Nsiusimm — 1-3 ei- ✓ Statement of Qualifications Brown Street Reconstructiontilt RLK Engineering, Inc. Staff Summary ✓ Our design and product strength are a direct reflection of our competent engineering staff. RLK Engineering e,y currently has four registered professional engineers, three graduate engineers, and eight design team members and support staff. Each member of our team has extensive technical experience in the layout of paving, drainage, e' water distribution, and sanitary sewer projects. Members of our team also have experience in bridge layouts and advanced hydraulics. Key members are experienced in working directly with governmental agencies throughout all phases of a project. This experience includes planning, preparing cost estimates, coordinating utility relocations, preparing property acquisition documents and maps, engineering design, coordinating public meetings, preparing bid and contract efts documents, and construction administration. Experience, combined with the responsive and quality oriented attitude of each individual team member ensures r that we produce complete and detailed documents for the construction of City of Wylie projects. ORk ew CURRENT&PROJECTED STAFF AVAILABILITY CHART }'ears Scheduled ff'orkload Scheduled Availability Project Team Member Project Role Professional for for Experience Other Projects Brown Street r- Chad A. Pendley, P.E. Senior Project Manager 14 50% 50% Ronny L. Klingbeil, P.E. Principal In Charge 23 85% 15% r J. Don Wortham, PhD Senior Designer 30 60% 40% r John E. Elliott, ELT, Project Engineer 4 25% 75% Wesley Lawson, E.I.T, Graduate Engineer 1 40% 60% James Swaim Sr Engineering Tech 18 25% 75% ,hi- David Surdukan, R,P,LS, Surveyor 28 10% 90% r Additional staff if necessary ✓ Seth Kelly, P.E, Project Manager 8 85% 15% Frank Canedy Designer 10 70% 30% ✓ Steve Hutchings Sr. Design Technician 28 65% 35% Rick Bates Sr. Design Technician 31 70% 30% Larry Baum Engineering Technician 7 55% 45% An organizational chart and key team member resumes are listed on the following pages. Additional RLK Staff may be added as necessary to meet City of Wylie scheduling requirements f 48 ay tS*y°', v i' �,`. y, p, z- .,,, ^: f v»' tAr � n illinik,I IIAINP II-1 a_NW Statement of Qualifications Brown Street Reconstructionritilit r RLK Engineering, Inc. 10"" el'` City of Wylie r rift , . Ronny L.Klingbeil,P.E. Chad A. Pendley,P.E. President Sr. Project Manager elk' 1111116-- IIi Illio-- ..... l-,1_ir< /111`w11< N. , —, L- r-.R , t — , —= ,=r=,--, ,-I J.Don Wortham,Ph.D. Senior Designer el► M 1 1'711LIII. miirmE John E. Elliott,E.I.T. SURDUKAN SURVEYING, INC Project Engineer David J.Surdukan, R.P.L.S. e'► .y ��R Registered Surveyor i f James Swaim Wesley Lawson,E.I.T. r Sr.Engineering Tech Graduate Engineer fi a r k'q .e,s`F0.` s Z1 s -- "� a "i ,f,O,- �..r , +ate D' n VI- d,,? Itn.€'` pt �'z its le o �,- "` t` '' . �' " d s a x - #:.,' 44 � c at v, it`� ':-�; * =Ks n - ? a 7 , e , �pa {t� d F a3 1"''' Statement of Qualifications Brown Street Reconstruction tVIP RLK Engineering, Inc CHAD A. PENDLEY, P.E. Senior Project Manager Mr. Pendley brings over 14 years of municipal and state transportation, water resource, and construction experience to RLK Engineering. His career began with the Texas Department of Transportation in 1989 performing field surveys and major highway construction inspection before moving on to project design. In 1996, Mr. Pendley began working in the private sector providing engineering design services to the municipal sector and has served as a team member on paving, drainage, water and wastewater projects. Mr. Pendley has established a long f•, term relationship with municipal clients while completing over 18 centerline miles of capital improvement projects in the since 1998. EDUCATION: BS Engineering Technology(Construction) University of North Texas— 1995 Duties Performed: PROFESSIONAL REGISTRATIONS: Project Management, Design,Budgeting, PS&E, Registered Professional Engineer—Texas Scheduling, Public Information Coordination, License # 90374 Franchise Utility Coordination, Governmental Agency Coordination, Property Acquisition Documentation, Registered Professional Engineer— Oklahoma Project Bidding and Construction Administration. License # 20958 Recent Relative Project Experience: 4- Independence Parkway Improvements— Frisco, Texas ($8,799,434) —Type A Thoroughfare from SH 121 to FM 3537 13,500 linear feet of ultimate 6-lane divided roadway, storm sewer, bridge, water, irrigation, and illumination design. The project required staged construction and detailed work zone traffic control. Independence Parkway Construction — Frisco, Texas ($6,024,682) —Type A Thoroughfare from FM 3537 to the City of Frisco northern limits that included 11,300 linear feet of 2 lane (ultimate 6-lane divided) roadway, storm sewer, and water design. The project required staged construction and detailed work zone traffic control on the highly traveled roadway. 4 Legacy Drive Construction — Frisco, Texas ($6,824,015) — Type A Thoroughfare from Main Street to Veneto Drive that included approximately 1.5 miles of 4-lane (ultimate 6-lane) divided roadway, storm sewer, bridge, water, and illumination. Bridge structures were required to accommodate travel over Cottonwood Branch. Ohio Drive Construction — Frisco, Texas ($1,527,532) — Type B Thoroughfare from Lebanon Road to Wade Boulevard that included 3,700 linear feet of 4-lane divided thoroughfare with associated storm sewer, water, irrigation, and illumination. Coit Road Improvements — Frisco, Texas ($3,851,249) — Type A Thoroughfare from College Parkway to FM e" 3537 that included 5,560 linear feet of 4-lane divided thoroughfare with storm sewer, water, and illumination. 4- Rolater Road Improvements - Frisco, Texas ($1,354,659) — Type A Thoroughfare rehabilitation from east of Preston Road to near Hillcrest Road. Project included 5,495 linear feet of 15" and 18" Sanitary Sewer Main and 2,275 linear feet of 12"Water Line. Rolater Road / Valleybrook Drive Improvements — Frisco, Texas ($1,446,851) — Offsite roadway and utility improvements for FISD Liberty High School including 1,350 linear foot of 15" Sanitary Sewer Main with aerial crossing over West Rowlett Creek. Project also included 1,150 linear foot of 12" PVC Water Line. 1111 AI - I I-3 Statement of Qualifications Brown Street Reconstruction RLK Engineering, Inc J. DON WORTHAM, Ph.D. Senior Designer Mr. Wortham brings over 30 years of municipal engineering experience to RLK Engineering. Mr. Wortham is a resident of Sherman, and is very familiar with Sherman's design standards, specifications, and the features that might affect design in Sherman. His expertise lies in paving, water system design, +e• sanitary sewer collection and treatment design, sanitary sewerAg rehabilitation studies and design, water and sanitary sewer funding and permitting, water and sewer CCN applications, Community Development Block Grants, Water Development Board applications, sewer discharge permits, and Rural Utility Service (RUS) applications for grants and loans. He has served as a project manager for municipal engineering projects for clients in the North Texas and Southern Oklahoma area. EDUCATION: Bachelor of Science Math Texas State University - 1972 Master of Arts SMU — 1996 Doctor of Philosophy Duties Performed: University of Texas Arlington 2002 Project Management, Design, Budgeting, PS&E, Scheduling, Governmental Agency Coordination including permit and CCN applications, Project eg". Bidding and Construction Administration. Recent Relative Project Experience: 4- Gillespie Drive Extension — Plano, Texas ($1,100,000) — 2,200 L.F. of 37' B-B Concrete Street. The project included concrete street paving, storm sewer, water, sanitary sewer. Street Rehabilitation — Tom Bean, Texas — ($1,002,000) 5 miles (approx.) This street project consisted of HMAC over flexible base and lime stabilization of sub-grade. 4- Rolater Road / Valleybrook Drive Improvements — Frisco, Texas ($1,446,851) — Offsite roadway and utility improvements for FISD Liberty High School including 1,350 linear foot of 15" Sanitary Sewer Main with aerial crossing over West Rowlett Creek. Project also included 1,150 linear foot of 12" PVC Water Line. al Coit Road Improvements — Frisco, Texas ($3,851,249) — Type A Thoroughfare from College Parkway to FM 3537 including 5,560 linear feet of 24"Water Line. 4- Independence Parkway Improvements — Frisco, Texas ($8,799,434) —Type A Thoroughfare from SH 121 to FM 3537 13,500 linear feet of ultimate 6-lane divided roadway, storm sewer, bridge, water, irrigation, and illumination design. The project required staged construction and detailed work zone traffic control. - Stone Street Extension — Wylie, Texas — Type C Secondary Thoroughfare from Brown Street to SH 78 that included 3,200 linear feet of 4-lane divided thoroughfare with associated storm sewer and 12" water main. . Bradley, Erwin, Coleman Street Rehabilitation — McKinney, Texas ($2,800,000 est.) — Rehabilitation project in older residential section of McKinney, Texas including 5,500 linear feet of 8" Sanitary Sewer Mains and 6,900 linear feet of 8" and 12"Water Line replacement. eg" mom r` — 11-4 r ** Statement of Qualifications r Brown Street Reconstruction RLK Engineering, Inc JOHN E. ELLIOTT, E.I.T. Graduate Engineer .in. Mr. Elliott brings over 5 years of transportation, municipal engineering, and construction experience to RLK Engineering. He began gaining construction experience while working at the 4/14. Texas Department of Transportation-Odessa District during the summers of 1998-2000. During this time, Mr. Elliott performed tasks such as construction inspection, drafting and engineering as supervised by the Odessa Area Engineer, and material testing in the laboratory as supervised by the District Lab Engineer. Following graduation from Texas A&M in 2001, Mr. Elliott joined Hunter Associates, Texas Ltd. in Frisco, Texas. While employed at Hunter, he worked closely under the supervision of multiple engineers on a variety of transportation, municipal water and wastewater and other assorted projects. Mr. Elliott joined RLK in 2004 and looks forward to providing a high level of service to RLK's current and prospective clients. EDUCATION: Bachelor of Science Civil Engineering Texas A&M University—2001 'ROFESSIONAL REGISTRATIONS: Duties Performed: Project Design, PS&E, Project Bidding, Franchise Engineering In Training —Texas Utility Coordination,Property Acquisition Certificate # 30070 Documentation,and Construction Administration. Recent Relative Project Experience: Independence Parkway Construction — Frisco, Texas ($6,024,682) —Type A Thoroughfare from FM 3537 to the City of Frisco northern limits that included 3,500 linear feet of 12" PVC Water Line, 1,360 linear feet of 30" D.I. Water Line, and 1,900 linear feet of 36" D.I. Water Line. The project also included 4,600 linear feet of 8" to 18" Sanitary Sewer. 4- Legacy Drive Construction — Frisco, Texas ($6,824,015) — Type A Thoroughfare from Main Street to Veneto Drive that included approximately 1.5 miles of 4-lane (ultimate 6-lane) divided roadway, storm sewer, bridge, water, and illumination. Bridge structures were required to accommodate travel over Cottonwood Branch. .. 4- Rolater Road / Valleybrook Drive Improvements — Frisco, Texas ($1,446,851) — Offsite roadway and utility improvements for FISD Liberty High School including 1,350 linear foot of 15" Sanitary Sewer Main with aerial crossing over West Rowlett Creek. Project also included 1,150 linear foot of 12" PVC Water Line. Coit Road Improvements — Frisco, Texas ($3,851,249) — Type A Thoroughfare from College Parkway to FM 3537 including 5,560 linear feet of 24"Water Line. 4- Rolater Road Improvements - Frisco, Texas ($1,354,659) — Type A Thoroughfare rehabilitation from east of Preston Road to near Hillcrest Road. Project included 5,495 linear feet of 15" and 18" Sanitary Sewer Main and oft 2,275 linear feet of 12"Water Line. 4- Independence Parkway Improvements— Frisco, Texas ($8,799,434) —Type A Thoroughfare from SH 121 to FM 3537 13,500 linear feet of ultimate 6-lane divided roadway, storm sewer, bridge, water, irrigation, and illumination design. The project required staged construction and detailed work zone traffic control. actu - 11-5 Statement of Qualifications Brown Street Reconstruction triP RLK Engineering, Inc WESLEY LAWSON, E.I.T. Graduate Engineer eniN Mr. Lawson graduated from the University of Texas at Arlington .64 in December, 2005 with a degree in Civil Engineering. He began his engineering experience in 2000 while working for the City of Garland, Texas. Under the supervision of the department engineer, Mr. Lawson worked in the surveying department and also performed construction inspection. In 2002, Mr. Lawson joined Terracon Engineering, where he performed duties such as material testing and construction inspection. He received his design and drafting experience under multiple engineers, working on municipal, commercial, and residential projects. Mr. Lawson joined the team of RLK in December of 2005, and looks . forward to maintaining the level of service that current and - prospective clients have come to expect from RLK. %• EDUCATION: Bachelor of Science Civil Engineering University of Texas at Arlington —2005 Duties Performed: Project Design, Drafting,and Construction Administration. 00- Recent Relative Project Experience: Rolater Road / Valleybrook Drive Improvements — Frisco, Texas ($1,446,851) — Offsite roadway and utility improvements for FISD Liberty High School including 1,350 linear foot of 15" Sanitary Sewer Main with aerial crossing over West Rowlett Creek. Project also included 1,150 linear foot of 12" PVC Water Line Independence Parkway Improvements— Frisco, Texas ($8,799,434) —Type A Thoroughfare from SH 121 to es. FM 3537 13,500 linear feet of ultimate 6-lane divided roadway, storm sewer, bridge, water, irrigation, and illumination design. The project required staged construction and detailed work zone traffic control. r- 4 Stone Street Extension — Wylie, Texas — Type C Secondary Thoroughfare from Brown Street to SH 78 that included 3,200 linear feet of 4-lane divided thoroughfare with associated storm sewer and 12" water main. Bradley, Erwin, Coleman Street Rehabilitation — McKinney, Texas ($2,800,000 est.)— Rehabilitation project in older residential section of McKinney, Texas including 5,500 linear feet of 8" Sanitary Sewer Mains and 6,900 linear feet of 8" and 12"Water Line replacement. I^ 11-6 e- r' Statement of Qualifications Brown Street Reconstruction tt(111' RLK Engineering, Inc e-- James D. Swaim e. Senior CAD Designer/Technician Mr. Swaim brings over 17 years of civil engineering experience e. in drafting/design of municipal, single-family, multi-family, and commercial/office projects. His career began in 1989 working for a small land surveying and civil engineering firm in which he had multiple job duties for municipal and private sector projects. His duties included board drafting, producing field notes, operating r- survey instruments, field inspections & producing legal 4 po. documents. During his six year duration with the firm, he was also attending college on a part time basis and received an ea" associate degree in Computer Drafting Technology. In 1995, Mr. Swaim moved on to another firm as a CAD operator and then moved on to pursue a career as a designer with training and guidance from multiple engineers. His design expertise lies in paving, grading, drainage, water and wastewater projects. Mr. Swaim joined the team of RLK in October of 2006, and looks forward to providing a high level of service to RLK's current and prospective clients. r r' EDUCATION: Associate of Applied Science Degree 1 t in Computer Drafting Technology at Lamar Institute of Technology, Beaumont TX- 1994 Duties Performed: Project Design and Drafting e. e,, Recent Relative Project Experience: Independence Parkway Improvements — Frisco, Texas ($9,799,434) — Type A Thoroughfare from SH 00" 121 to FM 3537 13,500 linear feet of ultimate 6-lane divided roadway, storm sewer, bridge, water, irrigation and illumination design. The project required staged construction and detailed work zone traffic control. 01". k Rolater Road Construction — Frisco, Texas ($2,360,744) — Type A Thoroughfare from Coit Road to Independence Parkway 4,800 linear feet of ultimate 6-lane divided roadway, storm sewer, irrigation and illumination design. Celina High School Offsite Roadway Improvements — State Hwy. 289 (Preston Road), County Roads 105 & 134 Celina, Texas ($1,193,278) — State Hwy. 289 3,600 linear feet of Asphalt Pavement Widening. County Road 105 1,150 linear feet of Concrete Pavement. County Road 134 1,750 linear feet of Asphalt r* Pavement. r .1 Stonebrook Parkway & Lone Star Ranch Parkway — Frisco, Texas ($7,000,000) — Stonebrook Parkway Type A Thoroughfare from FM 423 to Teel Parkway 9,100 linear feet of ultimate 6-lane divided roadway, eft, storm sewer, water, wastewater, signage, irrigation and illumination design. Lone Star Ranch Parkway Type A Thoroughfare from Lebanon Road to Stonebrook Parkway 6,000 linear feet of ultimate 6-lane divided #0^ roadway, storm sewer, water, wastewater, signage, irrigation and illumination design. acdv II-7 elk ;it( r" Statement of Qualifications Brown Street Reconstruction RLK Engineering, Inc RONNY L. KLINGBEIL, P.E. Principal In Charge As Principal in charge with RLK Engineering, Inc., responsibilities include Civil Engineering consultation, planning, design, plan production, and construction administration on Municipal, Institutional, and Development projects. His 24 years of experience includes all aspects of civil design on projects throughout the State of Texas. Mr. Klingbeil's thorough understanding of industry standards and various local, state, and federal requirements are instrumental in completing projects on schedule and within budget. Duties Performed: Civil Engineering consultation, Planning, Design, �►, PS&E,Project Bidding,and Construction Administration. TION: Bachelor of Science Civil Engineering Ow' Texas A&M University- 1981 PROFESSIONAL REGISTRATIONS: �., Registered Professional Engineer-Texas se # 76831 Recent Relative Project Experience: Naaman Forrest Boulevard - Garland, Texas ($3,000,000) - Paving, Drainage, Water, Sanitary Sewer, and �-, Grading. Rolater Road / Valleybrook Drive Improvements - Frisco, Texas ($1,446,851) - Offsite roadway and utility improvements for FISD Liberty High School including 1,350 linear foot of 15" Sanitary Sewer Main with aerial crossing over West Rowlett Creek. Project also included 1,150 linear foot of 12" PVC Water Line. 14th Street, Avenue H to Avenue K - Plano, Texas ($1,200,000) - Paving, Drainage, Water, Sanitary Sewer, and Grading. Wade Boulevard. West of State Highway No. 121 - Frisco, Texas ($1,040,000) - Paving Drainage, Water, Sanitary Sewer and Grading. Allen Heights Drive- Allen, Texas ($910,000)- Paving, Drainage, Water, and Grading. 4- Water System Improvements - Allen Heights/Bethany Drive - Allen, Texas ($1,140,000) - This project included approximately 5,700 L.F. of 30" RCCP Water Transmission Pipeline. 4- Gaylord Parkway, Ohio Drive, and Warren Parkway - Frisco, Texas ($1,700,000) - Paving, Drainage, Water, Sanitary Sewer, and Grading. 14 th Place and 15th Place - Plano, Texas ($600,000) - Paving, Drainage, Grading, and Water System Improvements. . Broadmoore Drive and Nickens Road Water Lines-Garland,Texas ($400,000) 8"Water Line replacement. II Stone Street Extension - Wylie, Texas - Type C Secondary Thoroughfare from Brown Street to SH 78 that included 3,200 linear feet of 4-lane divided thoroughfare with associated storm sewer and 12" water main. IININPIL 11-8 I^ r Statement of Qualifications r Brown Street ReconstructionPt( RLK Engineering, Inc. ro- PROJECT MANAGEMENT APPROACH Communication is vital to a successful project. RLK Engineering prides itself on the personal involvement of its owner and project managers on each project to conquer the challenges and achieve the project objectives in a timely and cost effective manner. It is important to understand that each project has a unique set of challenges that must be addressed during the design phase so that costly errors are avoided during construction. Defining, understanding, and completing the scope of services set forth for the project is a key r- element in ensuring a successful project. r" Each project will have varying degrees of input from interested stakeholders and it is important to establish proper levels of communication. RLK 'Engineering is prepared to work directly with City of Wylie staff, local leaders, citizens, property owners, contractors, utilities, and vendors to provide a project that everyone can be proud of. A typical project will begin with a pre-design meeting to discuss project issues and establish standards and expectations. Depending on the complexity of the project, it may be necessary to arrange periodic meetings to discuss the progress and/or design issues related to the project. A brief meeting should be held when preliminary and final design drawings are submitted so that the project manager may inform the City staff of any special design related issues. With several years of experience in providing engineering services for similar projects, RLK Engineering personnel are capable of developing realistic project schedules. Coordinating with City of Wylie staff and utilizing Microsoft Project scheduling software, RLIK Engineering can prepare both design and construction schedules for project budgeting. It is important to understand factors which impact scheduling the most and develop strategies to insure that they are dealt with in a timely manner. Right-of-way and easement acquisitions are extremely important to project scheduling as these will also affect utility relocations that may be necessary. Coordinating 001- with the franchise utilities about existing lines and potential conflicts early in the design process is also essential when dealing with accelerated schedules. RLK Engineering has teamed with other consultants to provide special services such as surveying, structural engineering, and geo-technical engineering. RLK Engineering will coordinate all sub-consultants necessary to successfully complete the proposed projects. In addition, RLK Engineering has experience in working with other consultants such as landscape architects and right-of-way agents that may be applicable to the proposed projects. RLK Engineering will follow all City of Wylie specification requirements and standard details, as well as any other jurisdictional requirements. RLK Engineering is familiar with the various permitting and regulatory agencies that may affect the proposed project, such as TxDOT, US Army COE, FEMA, TCEQ, TDLR, etc., and is prepared to assist the City in obtaining any required permits. Upon design completion, RLK Engineering will assist the City of Wylie in bidding and construction phases of the project. Even the most detailed and thought out design requires constant communication between the engineer, contractor, and owner. At the end of the project, RLK Engineering will conduct interviews with the client, contractor, and our own staff to determine the overall success of the project and where improvements can be made. RLK Engineering is prepared to exceed the expectations set by the City of Wylie to successfully complete the proposed project. As discussed, we have proposed a qualified team of individuals to carry out the engineering services requested by the City of Wylie. In addition, RLK Engineering has taken a conservative approach to the growth of the firm and is prepared to add additional employees to handle any project needs as r- they arise. 0.► r` NI/ III-1 if Statement of Qualifications e'► Brown Street Reconstruction RLK Engineering, Inc. Project Management Outline 1. PRE-DESIGN 4 Determine project limits and preliminary scope of improvements. e,, 1 Obtain existing information such as record drawings, maps, right-of-way and easements, franchise utilities, and jurisdictional standards and specifications. Conduct project site visit, documenting with photos and video, and taking notes concerning possible P` concerns that need to be addressed with City of Wylie staff. 4. Prepare preliminary cost estimates, schedules, and scope of work for the project. 1 Meet with City of Wylie staff to discuss the project, addressing questions and concerns to finalize scope and scheduling. Establish primary contacts for all parties. 4- Incorporate comments from all parties, finalize and submit final contract to the City of Wylie. e- 2. DESIGN PHASE .4- Conduct Topographic and Boundary Survey for design. Begin coordination with franchise utilities, and any specialized sub-consultants necessary for the project. 4. Prepare schematic drawings for review with City of Wylie staff. Discuss and address any needs for public input. Address property acquisition requirements and proceed with document preparation and negotiations. Work with franchise utilities for relocations. 4- Prepare engineering design documents and drawings with submittals to the City due per defined scope requirements. Provide updated cost estimates and schedules to keep staff informed of project status. 4 Incorporating comments from all parties finalize and submit final design documents. ePN 3. BIDDING PHASE 1 Work with City staff to prepare advertisement for bidding. 4- Attend pre-bid conference and address questions from potential contractors throughout the bidding process and prepare and issue addenda if necessary. 4- Assist City of Wylie staff with bid opening, preparing of bid tabulations, interviewing of three lowest bidders, and recommendation for award of contract. 4- Work with contractor and City staff to finalize contract documents with all necessary bonding, insurance, and signature requirements. 4. CONSTRUCTION PHASE 4- Assist City of Wylie staff with pre-construction conference. 4- Provide periodic site visits to determine overall progress of the project. 4- Address questions or conflicts that may arise during construction and prepare revisions if necessary. 4- Review pay applications for accuracy based on actual work completed and forward to the City of Wylie for processing. 4 Assist City staff with final project walk through and punch list. Prepare record drawings from information provided by the contractor and submit to the City. 4- Conduct interviews with City of Wylie staff and Contractor to discuss overall successes of the project and address comments where improvements can be made for future projects. eak �5�� III-2 Cam` e- Statement of Qualifications Brown Street Reconstruction RLK Engineering, Inc. Alk UNDERSTANDING OF PROPOSED PROJECT RLK Engineering is familiar with the proposed paving and drainage improvement projects and has experienced personnel to successfully complete the assignment. RLK Engineering and its staff have completed several paving and drainage projects for various cities in the Dallas and North Texas area and understands Wylie's requirements for the Brown Street project. euk ,L Rehabilitation projects in existing residential and commercial areas, such as the proposed Brown Street r"` project, require extreme care and detail during the design process to avoid construction conflicts and eft. maintain service to existing property owners. Special care must also be taken to minimize damage to existing landscaping and other features in the area. In addition, careful consideration must be given to existing conditions through the established areas to avoid creating surface drainage issues on private property. Projects of this type will require extensive interaction with individual property owners to facilitate the construction of proposed improvements. RLK Engineering has recently completed projects of this nature and understands the processes involved. A critical component of the Brown Street project will be maintaining existing traffic to the many businesses located along the corridor. RLK Engineering will work directly with the City of Wylie to address the concerns of adjacent property owners and develop a plan to minimize .•• traffic detours which can become a significant project cost and generate problems and headaches for the City staff. aL RLK Engineering understands that it is the intent of the City of Wylie to minimize existing utility adjustments. While we will do everything possible to meet this requirement, it is anticipated that the proposed drainage improvements may create conflicts with existing water and sanitary sewer lines. Water lines typically require simple adjustments; however, conflicts between gravity drainage and sewer lines may require more extensive adjustments. RLK will identify these conflicts and coordinate with the City of Wylie on the final design solutions. An example of minimizing gravity line conflicts may be compromising more of the drainage capacity to the street in lieu of larger diameter storm sewer mains. 1 As demonstrated in this document, RLK Engineering has successfully completed municipal street infrastructure projects in the North Texas area. Our experience has built many client relationships as well as with the contractors who rely upon our design documents to complete a quality project on time and within budget. RLK believes in providing accurate and detailed drawings and specifications to clearly demonstrate the intended design. This attention to detail allows the contractor to fully understand the requirements of the project during both the bidding and construction process, thus avoiding construction delays and change orders. We have briefly mentioned some of the project challenges above and are confident that we can deliver the City of Wylie the highest quality product that your community can be proud of. TECHNICAL APPROACH As mentioned in Section I of this document, RLK Engineering utilizes the latest computer technologies as an integral part of production. RLK utilizes Microsoft Project to schedule and track the progress of projects, while project budgeting and billing are typically done with QuickBooks. Computer capabilities are discussed further in Section I of this document. General project workflow is discussed in the project management approach above. ti III-3 NI II r• 0(1 Statement of Qualifications Brown Street Reconstruction RLK Engineering, Inc. QUALITY ASSURANCE and QUALITY CONTROL METHODS RLK Engineering is built upon its people and the professionalism in which we conduct our business and the quality of the product that we produce. Time and resources are valuable to our clients, and costly mistakes and project delays are not acceptable. RLK Engineering has developed a quality assurance program which is designed to ensure that we are providing quality deliverables that our clients expect. The basic requirements of the program are to provide organization, communication, and detailed review at all levels of the project. The goal is to address questions or problems as they occur in the design process before becoming an issue in the field. In an effort to control project costs, our staff will work with all parties to provide cost-effective solutions to the project's needs. In addition, our engineering expertise in capital improvement projects provides us with an excellent advantage in offering quality, cost-effective design solutions. RLK Engineering believes strongly in providing quality assurance and value engineering to its clients. Our quality assurance program utilizes an ongoing quality control method in which all team members participate. Quality checks are performed on each engineering design as well as all drafting on a continuing basis. In addition, before final design submittal, technical and peer reviews are conducted to ensure product quality. Quality is taken very seriously at RLK Engineering, not only because the future growth of our firm depends on it, but because we genuinely believe that providing our clients with the best possible service is the only way to do business. r" RLK Engineering feels very strongly that the City of Wylie understands, and is comfortable with, the engineering design before it goes to construction. es.. eft- eft. I^ row e. eik fIMAI III-4 r` r'` r Pt r Statement of Qualifications Brown Street Reconstruction ✓ RLK Engineering, Inc r PROJECT REFERENCES ✓ RLK Engineering is very familiar with municipal improvement projects and has experienced personnel to �. successfully complete them on schedule and within budget. Our personnel have completed several street improvement projects within the North Texas area and are familiar with specifications and requirements necessary e"- to provide a successful project. RLK Engineering project experience is based upon the strengths of its personnel and design principles. The following list of projects represent an overview of related project experience. In addition, our staff member resumes contain additional water and wastewater projects they have designed. Partial List of Street Pro'ects Recent! Corn•leted b RLK En•ineerin• r" Project s* Project Name Project Location Construction Design Completion Cost Ohio Drive Construction City of Frisco $ 1,527,532 November 2003 Legacy Drive Construction City of Frisco $ 6,824,016 March 2004 Independence Parkway Construction-North City of Frisco $ 1,603,000 May 2004 '� Independence Construction-South City of Frisco $ 4,525,000 September 2004 e- Independence Pkwy-SH 121 to FM 3537 City of Frisco $ 8,799,434 September 2006 Rolater Road/Valleybrook Improvements City of Frisco $ 1,446,851 September 2005 ✓ Bradley, Erwin, Coleman Street Rehabilitation City of McKinney $ 2,800,000 February 2006 ✓ Hollis Street Improvements City of McKinney $ 935,000 April 2006 Lebanon Road Improvements City of Frisco $ 364,371 June 2004 1"-- College Street Extension City of McKinney $ 287,480 July 2005 Coit Road/Rolater Road Improvements City of Frisco $ 4,421,682 May 2005 Stone Street Extension City of Wylie(WISD) $ 424,650 March 2006 ✓ Naaman Forrest Blvd. (GISD Special Events) City of Garland $ 3,000,000 December 2003 r r Independence Parkway Improvements (SH 121 to FM 3537) r r e. Location: Frisco, Texas RLK Design Team: Chad A. Pendley, John Elliott, J. Don Wortham, Wes Lawson Client: City of Frisco Client Contact: Mr. George Purefoy e Design: Nov 2005 to June 2006 6101 Frisco Square Blvd. Ow Frisco, Texas 75034 e Construction Cost: $8,799,434 (972) 335-5585 x 129 0 Construction: Oct 06-Dec 07 (Scheduled) General Contractor: Mario Sinacola & Sons, Inc. Description: This project involved the design of 2.6 miles of paving, drainage, bridge, water, illumination, and ,' irrigation improvements along Independence Parkway in Frisco, Texas. Paving improvements included upgrading existing two-lane roadways to four-lane (ultimate 6-lane) divided thoroughfares adjacent to existing residential and e' undeveloped areas. The design of the storm sewer system includes over two miles of main trunk line ranging in size from 21" RCP to 3-6'x5' RCB. Special drainage challenges included analyzing an existing tributary near residential properties to determine existing capacities. The large undeveloped basin was unable to handle future development runoff requiring r alternative storm drainage to outfall at the main creek while maintaining existing flows to the tributary. Two 180' (3-60'span) el... bridge structures were required to accommodate travel over West Rowlett Creek. In addition, three separate concrete box culvert extensions,ranging in size from an 5'x4' SBC to a 2-10'x9' MBC,were required. The water line design called for over of' one mile of 16"main. Legal descriptions,exhibits,and maps were also provided for right-of-way and easement acquisition. lam'' ems. 11111111111110s MIN/ NMI If. r• s , -z =-t „r Iv-1 r' �., Statement of Qualifications Brown Street Reconstruction RLK Engineering, Inc Ago. Independence Pkwy. Construction North (CR 115) (Eldorado Pkwy. to City Limits) Location: Frisco, Texas Client Contact: Mr. George Purefoy 6101 Frisco Square Blvd. Client: City of Frisco/ Frisco I.S.D. Frisco, Texas 75034 972-335-5585 r► Design: Mar 2004 —May 2004 Mr. Richard Wilkinson, Construction Cost: $1,603,000 6942 Maple Street Frisco, Texas 75034 Construction: June 2004— May 2005 469-633-6000 RLK Design Team: Chad A. Pendley, John General Contractor: Charter Builders Elliott, Frank Canedy (JRJ Paving / KCK Oel- Construction) �,. Description: The Independence Parkway Construction North project is a joint effort between the City of Frisco and Frisco ISD to provide thoroughfare access to the Sam Roach Middle. The project included approximately 2,800 linear feet of 2- r" lane and 4-lane (ultimate 6-lane) divided roadway, storm sewer, water, sanitary sewer, and illumination design. The design of the storm sewer system includes over 2800 linear feet of main trunk line ranging in size from 21" RCP to 42"RCP. The water line design called for over 1,900 linear feet of 36"Ductile Iron pipe and over 2,900 linear feet of 12"PVC pipe. The r" sanitary sewer system included over 4,600 linear feet of new pipe ranging from 8"to 12"diameter and presented challenges to avoid conflict with an existing 20"high pressure gas transmission line at two separate locations. Legal descriptions, exhibits, and maps were also provided for right-of-way and easement acquisition. Legacy Drive Construction - Main Street to Veneto Drive Location: Frisco, Texas Client Contact: Mr. George Purefoy 6101 Frisco Square Blvd. Client: City of Frisco/ Frisco I.S.D. Frisco, Texas 75034 972-335-5585 Design: Mar 2003—Mar 2004 Mr. Richard Wilkinson, Construction Cost: $6,824,016 6942 Maple Street Frisco, Texas 75034 Construction: May 2004—July 2005 469-633-6000 RLK Design Team: Chad A. Pendley, John Elliott, General Contractor: Mario Sinacola & Sons Seth Kelly, Steve Hutchings Description: The Legacy Drive Construction project is a joint effort between the City of Frisco and Frisco ISD to provide thoroughfare access to the fast growing area of west Frisco,including the proposed Frisco High School#3. The project includes approximately 1.5 miles of 4-lane(ultimate 6-lane)divided roadway,storm sewer,bridge,water,and illumination. The design of the storm sewer system includes over one mile of main trunk line ranging in size from 21"RCP to 9'x6'RCB. Two 300' (4-75'span)bridge structures were required to accommodate travel over Cottonwood Branch. In addition,three separate concrete box culverts,ranging in size from an 8'x4' SBC to a 3-10'x5' MBC,were required. The to" water line design called for over 7,700 linear feet of 36"Ductile Iron pipe. Legal descriptions,exhibits,and maps were also provided for right-of-way and easement acquisition. rntfik 0.". - IV-2 r ;Ai r Statement of Qualifications Brown Street Reconstruction r RLK Engineering, Inc elik /'► Independence Pkwy. Construction Rolater Road/ Valleybrook Drive South (FM 3537 to Eldorado Pkwy) Improvements ( Location: Frisco, Texas Location: Frisco, Texas f.-- Client: City of Frisco/Frisco I.S.D. Client: Frisco I.S.D. r Design: Mar 2004-Sept 2004 Design: July 2005-Oct 2005 Construction Cost: $4,525,000 Construction Cost: $1,446,851 Construction: Nov 2004-Sept 2005 Construction: Nov 2005-June 2006 (scheduled) f RLK Design Team: Chad A. Pendley, John Elliott, Steve Hutchings RLK Design Team: Chad A. Pendley, John Elliott, J. Don Wortham, Client Contact: Mr. George Purefoy Brian E. Nelson 6101 Frisco Square Blvd. Frisco, Texas 75034 Client Contact: Mr. Richard Wilkinson, 972-335-5585 6942 Maple Street Frisco, Texas 75034 "'' General Contractor: Lacy Construction 469-633-6000 .- Description: The Independence Parkway Construction General Contractor: Mario Sinacola &Sons South project is a continuation of the joint effort between the City of Frisco and Frisco ISD to provide thoroughfare Description: The Rolater Road and Valleybrook Drive access to the Sam Roach Middle currently under project is currently under construction adjacent to the — construction and a future school site nearby. The project FISD Liberty High School site. The project includes includes approximately 8,100 linear feet of 2-lane approximately 2,200 linear feet of the two westbound ,..► (ultimate 6-lane divided) roadway, storm sewer, and lanes of Rolater Road and 1,000 linear feet of 37 foot water design. The design of the storm sewer system wide collector street. The design of the storm sewer includes over 7,100 linear feet of main trunk line ranging system includes over 1,800 linear feet of main trunk line in size from 21" RCP to 2-8'x5' RCB. Also included in ranging in size from 21" RCP to 60" RCP. Water Line the drainage design are three separate box culverts improvements called for over 1,150 linear feet of 12" including a 4-10'x10' MBC,a 3-8'x6' MBC,and a 2-8'x8' Water Line. In addition, the project includes over 1,360 MBC. The storm sewer improvements called for the 2- linear feet of 15" Sanitary Sewer which required an aerial — 8'x5' RCB sewer main to be constructed across FM 3537 crossing over West Rowlett Creek to tie into the existing requiring staged construction and detailed work zone 27"Sanitary Interceptor on the west side. #0.-.. traffic control of the highly traveled roadway. Water Line improvements were added to avoid future construction and connection issues with new paving and drainage structures. ,— These water line improvements called for over 1,600 linear r feet of 20" and 30" Ductile Iron Pipe. In addition 470 linear feet of 21" Sanitary Sewer pipe was installed. As an 0.- additional part of the project, intersection improvements along FM 3537 include widening to accommodate left turn I" lanes. The project required extensive interaction with "iisk other consulting firms and governmental entities as several infrastructure projects are being designed for the area. ..► Legal descriptions, exhibits, and maps were also provided ,.^ for right-of-way and easement acquisition. ii.R s 1=R I 1V-3 e", r- Statement of Qualifications Brown Street Reconstruction RLK Engineering, Inc Ohio Drive Construction- Lebanon Road to Wade Boulevard +•-• Location: Frisco, Texas RLK Design Team: Chad Pendley, Steve Hutchings, Frank Canedy Client: City of Frisco Client Contract: Mr. George Purefoy Design: Feb 2003—Oct 2003 6101 Frisco Square Blvd. r- Frisco, TX 75034 r- Construction Cost: $1,527,532 (972) 335-5585 Construction: Feb 2004—Sept 2005 General Contractor: Lacy Construction 1880 Crown Road Dallas, Texas 75234 (214) 357-0146 /'` Description: This project involved the design of approximately 3700 L.F. of 4-Lane divided thoroughfare through mostly undeveloped area, and included storm sewer, water, irrigation, and illumination, between e. Lebanon Road and Wade Boulevard in Frisco, Texas. The storm sewer design included over 2700 linear feet of RCP ranging from 18" to 42" in size. Offsite storm drainage improvements along Wade Boulevard were required to accommodate the proposed drainage from Ohio Drive. Water line improvements included 2,570 linear feet of 12" 0.0" PVC along the east parkway of Ohio Drive. The project also required preparation of right-of-way acquisition documents. eftt Coit Road/Rolater Road Improvements Location: Frisco, Texas RLK Design Team: Chad A. Pendley, John Elliott, J. Don Wortham Client: City of Frisco Client Contact: Mr. George Purfoy Design: Feb 2005 to May 2005 6101 Frisco Square Blvd. Frisco, Texas 75034 �• Construction Cost: $4,421,682 (972) 335-5585 Construction: June 2005 to May 2006 (est) General Contractor: Mario Sinacola & Sons, Inc. P.O. Box 2329 esiik Frisco, Texas 75034 tow... (214) 387-3900 Description: This project involved the design of 2 miles of paving, drainage, water, illumination, and irrigation improvements along Coit Road and Rolater Road in Frisco, Texas. Paving improvements included upgrading existing two-lane roadways to four-lane (ultimate 6-lane) divided thoroughfares. Project was placed on a fast-track in order to improve traffic conditions around Centennial High School prior to the Fall 2005 semester. RLK Engineering phased the project and worked with the contractor to complete critical improvements on time and within budget. The project included over 7,000 linear feet of storm drainage improvements along with major intersection upgrades. frONINIM r" — I V-4 elk tl► Statement of Qualifications Brown Street Reconstruction RLK Engineering, Inc Stone Street Improvements RLK Design Team: Chad A. Pendley, John Elliott, Location: Wylie, Texas J. Don Wortham Client: Wylie ISD Client Contact: Mr. Brian Miller Asst. Superintendent Design: Aug. 2005 to Feb. 2006 951 S. Ballard Avenue Wylie, Texas 75098 Construction Cost: $1,687,000 (972)429-3000 Construction: April 2006 - Present General Contractor: Gallager Construction r Description: The Stone Street project is currently under construction adjacent to the Wylie ISD High School # 2 site. The project includes approximately 1,200 linear feet of divided four-lane concrete roadway along Wylie ISD property, and 1,400 linear feet of two-lane concrete roadway to tie the proposed High School Site to State Highway 78. This project also includes the addition of a deceleration lane and associated improvements to state Highway 78. The design of the storm sewer system includes over 1,700 linear feet of main trunk line ranging in size from 21" RCP to 60" RCP. Water Line improvements called for over 4,800 linear feet of 12" Water Line, 2,000 linear feet of which ran parallel to State Highway 78. This project required extensive interaction with the adjacent property owners for offsite drainage considerations, as well as coordinating design and construction around an existing North Texas Municipal Water District 36"Water Line. 0.1 r /fib IV-5 r" ;4( Statement of Qualifications Brown Street Reconstruction RLK Engineering, Inc r- eg, References Our goal at RLK Engineering is to provide the highest level of quality service in the industry to the City of Wylie. Our commitment to our clients has created many continuing relationships and we look forward to the opportunity of r` creating a long-term relationship with Wylie. At RLK Engineering, we are not satisfied unless our clients believe we have exceeded their every expectation. For your convenience we have listed a small number of references below: City of Frisco, Texas George Purefoy, City Manager 6101 Frisco Square Blvd. Luke Jalbert, Civil Engineer Frisco, Texas 75034 r" FRISCO (972) 335-5585 elk Frisco ISD 6942 Maple Street Richard Wilkinson, Asst. Supt. Frisco, Texas 75034 Cecil Cypert, Director of Construction (469) 633-6000 City of Garland, Texas 800 Main Street Michael C. Polocek, P.E., Engineering GARLANDGarland, Texas 75040 Administrator Capital Improvements (972) 205-2170 r•. City of Mckinney MCKINNEY 221 North Tennessee Mckinney, Texas 75070 Jack Carr, P.E., Director of Engineering Uwu9ue by Nafure. (972) 547-7420 City of Tom Bean Tom Bean 201 South Britton ZV LI 941 Tom Wilthers, Mayor Tom Bean, Texas 75489 /'' (903) 546-6321 r'^ oxjv OF eF<<s City of Bells 0 203 South Broadway P.O. Box 95 Todd Bass, Mayor Bells, Texas 75414-0095 0.14 iftk eir"w �., v-1 Am — la. rt( T► Statement of Qualifications Brown Street Reconstruction RLK Engineering, Inc Mario Sinacola& Sons 004 Excavating, Inc. S10950 Research Road Ron McAvoy, P.E. Frisco, Texas 75034 `�CAVt<'f�� (214) 387-3900 �., JRJ Paving r- J R.J 11359 Kline Drive Marty Murphy Dallas, Texas 75229 /'` PAVING. L P (972) 857-2291 utv of City of Sachse el' • a tj 5560 Highway 78 Joe Crase, Public Works Director �► Sachse, TX 75048 /'` trCXa5 (972) 495-7600 City of Prosper Hulon T. Webb, Jr., P.E.,Director of P ` 407 E. First Street Development Services TOWN OF Prosper, TX 75078 Frank Jaromin, P.E., Public Works Director P S P E R (972) 346-3502 �., V-2 mimic Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 13, 2007 Item Number: 5 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: February 2, 2007 Budgeted Amount: Exhibits: Memorandum/Analysis Subject Consider, and act upon, approval of a request from JD Landes, Inc. to eliminate the detention pond for the Verizon Reporting Center and Warehouse development at the intersection of Brown St. and Eubanks Lane. Recommendation Motion to approve a request from JD Landes, Inc. to eliminate the detention pond for the Verizon Reporting Center and Warehouse development. Discussion Section 3.38 of the City of Wylie Manual for the Design of Storm Drainage Systems states that: "On-site detention shall be used to control post-development runoff. Developments shall be required to provide adequate detention so that post-development peak flows do not exceed the peak flows calculated for the area using the rational method with the coefficient for runoff appropriate for the conditions prior to development." The section also states that: "A hydraulic study that illustrates no adverse conditions are created downstream as a result of development may be accepted in lieu of storm water detention. City Council may waive storm water detention requirements upon determination by the Council that such waiver is in the best interest of the City." A request has been submitted by JD Landes, Inc. to eliminate the detention pond for the Verizon Reporting Center and Warehouse development located at the north west corner of Brown Street and Eubanks Lane (report attached). Birkhoff, Hendricks, and Conway has reviewed the study and they are in general agreement with the findings and agree that no adverse conditions are created downstream by the elimination of the detention pond. Approved By Initial Date Department Director CH 2/2/07 City Manager Uv` / Page 1 of 1 L:\Agenda Packets 2007\02-February 2007\February 13,2007\Item#5-Agenda Report-Verizon detention request agenda.doc BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS 7502 Greenville Ave.,#220 Dallas,Texas 75231 Fax(214)361-0204 Phone(214)361-7900 MEMORANDUM To: Chris Hoisted,P.E. From: Joe R. Carter,P.E. Date: February 6,2007 Subject: Verizon Reporting Center and Warehouse Detention Analysis a- This memorandum summarizes our observations and recommendations regarding a drainage study prepared by JD Landes, Inc. for the Verizon Reporting Center and Warehouse in the Rush Creek watershed as submitted to the City of Wylie. The stated purpose of the drainage study is to determine the likely impacts of a 3.52-acre site constructed without detention facilities, upon the FEMA regulated Rush Creek. HYDROLOGIC CALCULATIONS Method The quantity of flow was determined using both the rational method and the unit hydrograph method. The City of Wylie Storm Drainage Design Manual recommends use of Unit Hydrograph or HEC-1 for drainage areas over 1,200 acres. The drainage area in this study is reported as 1,218 acres. The rational method should not be used for this size drainage area. The report focuses on the Unit Hydrograph Method flow rather than the rational method flow. The flow calculated for the entire drainage basin was based on fully developed conditions, which yields a higher flow than current conditions. The analysis should be based on current conditions to look at the worst-case impact of the lack of detention for this development. Overall Calculation The area is currently sparsely sewered instead of being moderately sewered. Using the coefficients for a -Sparsely Sewered area instead of for a Moderately Sewered area yields the following unit hydrograph flow: Ct=0.60 tp =0.756 Cp640=370 qp=489 cfs/sqmi Qp=930 cfs Design Flow=3,655 cfs This produces a 0.37% increase in runoff for current conditions compared to 0.27% as shown in the report for fully developed conditions. For this particular development the difference is not very significant but the analysis should be based on the assumption that detention will be used to avoid increasing current flows for the remaining undeveloped areas. j:lckticaflwylie i-4090 genial wviea\06-verisow detmtioolktYn�1[4cvicwfl I.doc City of Wylie—Drainage Study for Detention Requirements 2/6/2007 Rush Creek—Verizon Reporting Center and Warehouse Prepared by JD Landes,Inc. Page 2 of 2 HYDRAULIC MODELS No water surface elevations were calculated in this drainage study. CONCLUSIONS & RECOMMENDATIONS This study does not provide the current conditions 100-year water surface elevation in Rush Creek or the 100-year water surface elevation if the flow is increased by 13.4 cfs. The study does present a logical argument that the overall impact of this particular development without detention should not create a significant impact on the 100-year water surface elevation in Rush Creek. The study fails to point out that increased flow may cause water surface elevation increases that are noticeable on a more localized level, such as for Tributary X. In our opinion, it is unlikely that development of the proposed 3.52-acre tract without detention will result in a significant increase in the 100-year water surface elevations downstream of the site; however, there are other considerations such as the cost of storm sewer improvements to Brown Street. The additional flow may require increasing storm sewer size for approximately 500 feet and larger inlet sizes to intercept the flow. We recommend the City consider requiring the developer to participate in the cost of a future regional detention facility downstream of this site based on the acreage of this site in comparison to the overall acreage of the drainage basin served by the detention facility. We can assist the City in determining whether this is a feasible approach if requested. j:\clerical\wylie\1-4090 general services1106-verizon detention\letters\k\reviewmemo-l.doc Drainage Study for portions of the Rush Creek Watershed In conjunction with the proposed development of the Verizon Reporting Center and Warehouse Lot 34, Wyndham Estates Phase III City of Wylie, Texas Submitted To: Mr. Chris Hoisted, P.E. City Engineer of Wylie, Texas Prepared For: Mr. Mark Sanders MAS Wylie VZ L.L.C. P. O. Box 628 Argyle, Texas 76226 Prepared By: JD Landes, Inc. Civil & Environmental Engineers 1107 E. 1st Street Fort Worth, Texas 76102 January 2007 TABLE OF CONTENTS EXECUTIVE SUMMARY 3 DRAINAGE STUDY REPORT PURPOSE 4 INTRODUTION 4 HYDROLOGY ..4 RESULTS ..5 EXHIBITS Exhibit 1: Drainage Area Map for Upper Portions of Rush Creek Exhibit 2: Drainage Area Map for Proposed Project Site Exhibit 3: Zoning/Land Use Map with Watershed Overlay Exhibit 4: City of Wylie Form"A" Storm Water Runoff Calculations - 2 - Executive Summary The purpose of this report is to determine the likely impacts, of a 3.52 acre light industrial site constructed without detention facilities, upon the FEMA regulated Rush Creek, which lies approximately 2,000 feet downstream of the proposed project site. The proposed site is situated at the northeast corner of Brown Street and Eubanks Lane on Lot 34, Wyndham Estates Phase III, in the City of Wylie, Texas. The proposed development will drain directly into the right-of-way of Brown Street, then east along Brown Street some 470 feet,then south beneath Brown Street and then some 1,500 feet along Tributary X to Rush Creek. The Brown Street right-of-way is to be widened and rebuilt into its ultimate configuration of a four-lane divided thoroughfare within the coming year. The new Brown Street construction will include 100-year design storm facilities to accommodate the fully developed discharges of the watershed, including the proposed project site. This report defines the entire upstream watershed of Rush Creek beginning at the confluence point of Rush Creek with Tributary X, which conveys the proposed project site storm waters. Fully developed condition hydrology is determined based upon the defined watershed and projected city zoning and land use maps. Fully developed watershed time of concentrations and discharges are calculated for the entire watershed and the proposed project site. A comparative analysis of this data indicates that the percent increase in discharge at Rush Creek due to the proposed project is 0.27, or an increase of 13.4 c.f.s. Both of these results are projected by a "peak-on-peak" analysis which is overly conservative in this case, as the differential in time of concentrations between the entire watershed and the proposed project is some 18.6 minutes, with the entire watershed having a time of concentration of 33.8 minutes and the proposed project site having a time of concentration of 15.2 minutes. This suggests that the peak discharge generated by the proposed project site will in fact arrive and pass beyond the design point significantly before the remaining watershed peaks at Design Point "A". Utilizing a "truer peak-on- peak" analysis at the same 33.8 minute time of concentration for the entire watershed and the proposed project site results in a proposed project site discharge increase of 9.6 c.f.s., or 0.19% of the entire 4,980 c.f.s. watershed. Given the large 100-year channel cross- section capacity required to convey the entire watershed, it is understandable that the rise in water surface elevations will be minimal at best and that on site detention of the increased flows is not justified. Therefore, short of preparing sophisticated HEC-1 and HEC-2 studies of the watershed and the accompanying creeks, the results of this report indicate that the proposed project will have insignificant impacts to the water surface elevations of Rush Creek at Design Point"A". - 3 - Drainage Study for portions of the Rush Creek Watershed Purpose The purpose of this report is to determine the likely impacts, of a 3.52 acre light industrial site constructed without detention facilities, upon the FEMA regulated Rush Creek, which lies approximately 2,000 feet downstream of the project site. Introduction The proposed project site lies approximately 2,000 feet upstream of Design Point "A" along the eastern edge of the 1,218 acre watershed. See Exhibit 1: Drainage Area Map for Upper Portions of Rush Creek. This exhibit was developed from the current USGS "Wylie" quadrangle map. Design Point "A" is placed at the confluence of Rush Creek and an unnamed tributary (denoted as Tributary X for this report). The proposed project site storm waters will be conveyed by way of the future Brown Street right-of-way drainage facilities for some 470 feet and then south along Tributary X for some 1,500 feet to Rush Creek and Design Point "A". Any impacts to the water surface elevations of Rush Creek are analyzed by this report at Design Point"A". For the purposes of this report, the design analysis is based upon fully developed conditions, 100-year design storms and the conveyance of these design storms by future 100-year drainage improvements and facilities in accordance with the City of Wylie's current Design Manual for Storm Drainage Systems. The construction of the future storm drainage facilities for Brown Street and the culvert crossing of Brown Street to Tributary X are expected to begin within the year. Hydrologic discharges are calculated for the entire watershed by means of the Rational Method and the Unit Hydrograph Method, and then compared against the related pre and post development discharges of the proposed project site. The analysis also determines the overall impact of the project site discharges based upon its time of concentration relative to the entire watershed's time of concentration and based upon an equal time of concentration of the entire watershed. Hydrology The entire upstream watershed of Design Point "A" is determined to be 1,218 acres as shown on Exhibit 1: Drainage Area Map for Upper Portions of Rush Creek. The proposed project site watershed is determined to be 3.52 acres as shown on Exhibit 2: Drainage Area Map for Proposed Project Site. The proposed project site is zoned Light Industrial, which equates to a proposed 0.90 runoff coefficient, with a current existing runoff coefficient of 0.40, as found in Table 1 of the City's current Strom Drainage Design Manual. By use of the Rational Method for the 3.52 acre site, this equates to pre - 4 - and post development 100-year discharges of 10.7 c.f.s. and 24.1 c.f.s., respectively, at a calculated time of concentration of 15.2 minutes at Design Point"A". The proposed fully developed discharge of the entire 1,218 acre watershed is calculated by both the Rational Method and the Unit Hydrograph Method. The Rational Method utilizes a weighted "C" factor determined from Exhibit 3: Zoning/Land Use Map overlay of Rush Creek and the resulting Table A. Table A: Watershed Runoff Coefficients District/Land Use "C"Factor Acres in Watershed 1. Agricultural + Single Family 0.65 671 2. Commercial Corridor 0.90 51 3. Community Retail 0.90 10 4. Downtown Historical District 0.90 9 5. Heavy Industrial 0.90 347 6. Light Industrial 0.90 20 7. Neighborhood Service 0.90 5 8. Multi-Family 0.80 16 9. Planned Development 0.80 79 10. Specific Use Permit 0.60 10 Total Watershed 1218 Total Watershed Weighted"C"Factor 0.75 This table is generated from the current City of Wylie's Official Zoning Map dated January 24, 2006, the current City Land Use Plan adopted on May 24, 2005 and the City's Table: 1 Coefficients of Runoff from the Storm Drainage Design Manual. For the purposes of this report, single family and agricultural districts are considered as one, while utilizing a weighted "C" factor of 0.65 to reflect an approximate fifty percent development each of low and medium density residential. The entire watershed discharges are calculated as 4,430 c.f.s. by the Rational Method and 4,980 c.f.s. by the Unit Hydrograph Method as shown in Exhibit 4: Form "A" Storm Water Runoff Calculations. The larger discharge of 4,980 c.f.s. is utilized for this report. Results Impacts to the water surface elevations at Design Point "A" are extrapolated from the following analytical comparisons. This method of analysis is considered applicable in this case, short of preparing sophisticated HEC-1 and HEC-2 studies of the watershed and the accompanying creeks. - 5 - The total watershed 100-year discharge at Design Point "A" is 4,980 c.f.s., when calculated by the Unit Hydrograph Method. The proposed project site's post development discharge at Design Point "A" is calculated as Q = 0.90(7.60)3.52 = 24.1 c.f.s. at a time of concentration of 15.2 minutes. The pre development discharge is calculated as Q = 0.40(7.60)3.52 = 10.7 c.f.s. The proposed project site's discharge increase is therefore (24.1 - 10.7) 13.4 c.f.s. at Design Point"A"at a time of concentration of 15.2 minutes. This increase of 13.4 c.f.s. at Design Point "A", equates to a percentage increase of 0.27. Inputting the 4,980 c.f.s. discharge back into the Rational Method and solving for the intensity with the other parameters constant yields 5.45 in./hr., which translates to a 100- year time of concentration of 33.8 minutes for the entire watershed. Comparing the discharges at Design Point "A" for both the entire watershed and the proposed project site at the 33.8 minute time of concentration is a more accurate representation of the proposed project's impact on Rush Creek, as the proposed project's peak discharge is some (33.8 — 15.2) 18.6 minutes faster than the entire watershed's peak time of concentration. An analysis of the discharges at 33.8 minutes yields the following results. The proposed project site's post development discharge at Design Point "A" is calculated as Q = 0.90(5.45)3.52 = 17.3 c.f.s. at a time of concentration of 33.8 minutes. The pre development discharge is calculated as Q = 0.40(5.45)3.52 = 7.7 c.f.s. Therefore, the proposed project site's discharge increase is (17.3 — 7.7) 9.6 c.£s. at Design Point "A" at a time of concentration of 33.8 minutes, or an increase of 0.19%. Given the large 100- year channel cross-section capacity required to convey the entire watershed at Design Point "A", it is understandable that the rise in water surface elevations will be minimal at best, or undetectable at worst, and therefore installation of on site detention facilities at the proposed project site is not justified. - 6 - 1 II ;' . 1:::111 . '''''' ,--, . , 4- i \ .,,,,. .- -......5 ---\ '"'"%,..,-;:i f �. `l s - 1 :' '''•‘ - I t, _ : 1 Ct• • •O ‘......14‘ J, • AA ... fl - _ '..".•: •."' err:' .•vr .__.r• , — d\ r • I _._ • ....:1.1!. 1...•:..7:-. '''....''• 1:-.-.1....' .. . El• :.:9 ....."'w ..:.:..11....*: . * ' /= a \ .c. S 'sl7 ri • II • 1 r - f L 1 1 _� / . Lot 34 ' Wyndham Estates Phase III 3. 70 Acres W Light Industrial Zoning N JO DC_ 0. 0 C 1^-18" CMP "CULVERr - 2 27. 7 _..- 1 rnrn "'ti 1 REPORTING ,� -{ CENTER/WARfliOUS- w I -f ; / /l BROWN STREET / I CULVERTS CMP Q 2-30"EXIST. O CMP CULVERTS ---9 Drainage Area 1.1). Al O ,A,unoff Ccefficr r', I VVVVVVent Area in Acr::s 2 27. 7 199- Year Discharge, F-S Time of Concentration taken as 19.0 minutes J EXHIBIT 2: Drainage Area Map JAN 5„K' 2007 ANDES,INC. �. :�,�1 8,7670111r� for Proposed Site SCALE: CIVIL •ENVIRONMENTAL ENGINEERING 1 „_80, ,„ • /,- -v.//,/,//,/ -',/,//-//--2,LAC,,•:•V/i..,A0,-/ -- -- --,( '/ / / / /,•< , / /./• ,////, /,/,. ' • . .. , iv,/, `--- / ///,,./.-.7 - -- ,,/, ,./ , /„1 // /./. ' ,t „///////- 4 . : : ,, . , ' // ' / //// li '- , ‘,"• '! :.kt';',-:-...* ,//I r- • ,. '-.• , , '.; - . • , ? , 4 /1 -...,:.•.;'.'.;s- /,( ,.--P-e•-•:•-k-' - - 1- ' -, •,-,4, ,-•- s , ‘)..,,,,,,,,_ _ .-4 , . i , f,-,)•. ;•,, , 1;-,•')..-1',--i,- ' ) . 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