Loading...
05-22-2012 (City Council) Agenda Packet Wylie City Council CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda/Election Canvass May 22, 2012 - 6:00 pm Wylie Municipal Complex - Council Chambers 300 Country Club Road, Building #100 Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Bennie Jones Place 4 Rick White Place 5 Diane Culver Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516-6020. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CANVASS OF ELECTION • Consider, and act upon, Resolution No. 2012-17(R) declaring the results of the Official Canvass of the City of Wylie General Election of May 12, 2012. ISSUANCE OF CERTIFICATES TO ELECTED COUNCIL MEMBERS • Presented by Judge Terry Douglas May 22,2012 Wylie City Council Special Called Meeting Agenda Page 2 of 4 ADMINISTRATION OF OATH OF OFFICE FOR ELECTED COUNCIL MEMBERS • Administered by Judge Terry Douglas APPOINTMENT OF MAYOR PRO TEM • Consider, and act upon, appointment of the Mayor Pro Tem for a one year term be- ginning May 2012 and ending May 2013. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the May 8, 2012 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expense Report for the City of Wylie as of April 30, 2012. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for April 30, 2012. (L. Bantz, Finance Director) D. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of April 30, 2012. (S. Satterwhite, Executive Director WEDC) E. Consider, and act upon, Resolution No. 2012-19(R) authorizing the City Manager to execute an Interlocal Agreement between the City of Wylie and Collin County for cooperative fire cause determination and prosecutorial activities. (R. Corbin, Fire Chief) F. Consider, and act upon, Ordinance No. 2012-17, amending the zoning from Agricultural District (AG/30) to Single-Family (SF-20/26) District on 2.88 acres (Blakey Addition, No. 2), generally south of Alanis Drive and approximately 393 feet west of Ballard Avenue. ZC 2012-06 (R. 011ie, Planning Director) G. Consider, and act upon, approval of a Final Plat for Blakey Addition 2, creating three single family residential lots on 2.876 acres, generally located south of Alanis May 22,2012 Wylie City Council Special Called Meeting Agenda Page 3 of 4 G. Consider, and act upon, approval of a Final Plat for Blakey Addition 2, creating three single family residential lots on 2.876 acres, generally located south of Alanis Drive and approximately 393 feet west of Ballard Avenue. (R. 011ie, Planning Director) H. Consider, and act upon, approval of an Impact Fee Agreement between the City of Wylie and PM Wylie MOB, LP. (S. Satterwhite, Executive Director WEDC) REGULAR AGENDA General Business 1. Consider, and act upon, the appointment of a 2012 Board and Commissions City Council Interview Panel to conduct the May/June 2012 board applicant interviews. (C. Ehrlich, City Secretary) Executive Summary Each year the City Secretary's Office solicits and compiles applications from Wylie residents wishing to serve on various Wylie Boards and Commissions. These applications are received through the year until the later part of May of each calendar year. Additionally, in May/June of each year, the applications are compiled into appointment timeframes to allow the three council member panel time to interview each applicant and subsequently choose a list of applicants to recommend to the full Council to serve two year terms on the various boards. The terms are staggered so each year approximately half of the members serving on each board and commission are appointed. *Proposed interview meeting dates will be Tuesday, May 29th, Wednesday, May 30th, and Wednesday, June 6th, from 6:00 p.m. - 9:30 p.m. each night. An alternate date of May 31st can be used in the event panel members are unable to attend one of the above dates. 2. Consider, and act upon, approval of Resolution 2012-18(R) authorizing the City Manager to execute a contract with Kimley-Horn and Associates, Inc. for the design of the Woodbridge Parkway reconstruction from Hensley Lane to the Maxwell Creek Bridge. (C. Holsted, City Engineer) Executive Summary The extension of Woodbridge Parkway from Hooper Road to State Highway 78 in Sachse will connect FM 544 to SH 78 and will promote economic benefits for both cities and improve mobility for southeast Collin County. The design of the Maxwell Creek Bridge is essentially complete and was partially funded in the 2003 Collin county Bond Program. The portion of Woodbridge Parkway from Hensley Lane to the bridge has not been designed and is necessary for the completion of the connection. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT May 22,2012 Wylie City Council Special Called Meeting Agenda Page 4 of 4 CERTIFICATION I certify that this Notice of Meeting was posted on this 18th day of May 2012 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 22, 2012 Item Number: Canvass Department: City Secretary (City Secretary's Use Only) Prepared By: C. Ehrlich Account Code: Date Prepared: May 9, 2012 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Resolution No. 2012-17(R) approving the unofficial results of the May 12, 2012 City of Wylie General Election. Recommendation A motion to approve Resolution No. 2012-17(R) declaring the results of the Official Canvass for the General Election of May 12, 2012 and electing Place 2 — Nathan Scott and Place 4 — Bennie Jones to the Wylie City Council for three year terms. Discussion The unofficial results of the City of Wylie General Election have been presented for review by the Wylie City Council and certified by the Rockwall County Elections Administrator, Glenda Denton. Approved By Initial Date Department Director CE 5/14/2012 City Manager MM 5-18-12 Page 1 of 1 RESOLUTION NO. 2012-17(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DECLARING THE RESULTS OF THE CANVASS FOR THE ELECTION RETURNS OF THE GENERAL ELECTION OF MAY 12, 2012 FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE WYLIE CITY COUNCIL, PLACES 2,AND 4 FOR A TERM OF THREE YEARS. WHEREAS,the City Council of the City of Wylie, Texas(City)held a General Election on May 12,2012 for the purpose of electing two members of the Wylie City Council for a term of three years; and WHEREAS, a Canvass of the General Election including the returns was conducted on May 22, 2012; and WHEREAS, it was found that the persons herein named received the following votes for said term of office on the Wylie City Council of the City of Wylie, Texas: Council Place 2, Nathan Scott received 572 or 59.77% of the votes cast. Catherine Butschek received 385 or 40.23% of the votes cast. Council Place 4, Bennie Jones received 508 or 53.76% of the votes cast. Gilbert Tamez received 437 or 46.24% of the votes cast. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2. Nathan Scott is hereby declared to be elected as Council Member Place 2. SECTION 3. Bennie Jones is hereby declared to be elected as Council Member Place 4. SECTION 4. The Wylie City Council hereby finds and determines, as a result of the Canvass, held on May 22, 2012, that a combined Election Day and Early Vote total of 979 votes were cast in the General Election, with 712 early votes cast, as indicated by the poll list for the General Election held on May 12, 2012. SECTION 5. It is hereby declared that the City of Wylie approves and accepts the results of the General Election for Council Places 2 and 4 as set forth in the Order attached hereto as"Exhibit A", as determined by the majority vote of the qualified voters of the City of Wylie. Resolution No. 2012-17(R) Canvass of the General Election for May 12,2012 SECTION 6. This Resolution will become effective immediately upon its passage by the Wylie City Council. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 22nd day of May, 2012. M.G. "Red" Byboth, Mayor Pro Tem ATTEST: Carole Ehrlich, City Secretary Resolution No. 2012-17(R) Canvass of the General Election for May 12,2012 EXHIBIT "A" RESOLUTION NO. 2012-03(R) RESOLUCION NO. 2012-03 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN, DALLAS AND ROCKWALL COUNTIES, TEXAS, ORDERING THE GENERAL ELECTION TO BE ADMINISTERED BY THE ROCKWALL COUNTY ELECTIONS ADMINISTRATOR ON MAY 12, 2012, FOR THE PURPOSE OF ELECTING THE POSITIONS OF TWO (2) MEMBERS,(PLACE 2 AND PLACE 4),TO THE WYLIE CITY COUNCIL, TO HOLD OFFICE FORA PERIOD OF THREE(3)YEARS;DESIGNATING LOCATIONS OF POLLING PLACES; DESIGNATING FILING DEADLINES; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION;AND APPOINTING ELECTION JUDGES. UNA RESOLUCION DEL CONCILIO DE LA CIUDAD DE WYLIE, CONDADOS DE DALLAS Y ROCKWALL, TEXAS, ORDENANDO LA ELECCION GENERAL QUE SE LLEVARA ACABO COLECTIVAMENTE CON EL DISTRITO ESCOLAR INDEPENDIENTE DE WYLIE YADMINISTRADA POR EL ADMINISTRADOR DE ELECCIONES DEL CONDADO DE ROCKWALL EL DIA 12 DE MAYO, 2012, CON EL PROPOSITO DE ELEJIR LA POSICION DE DOS (2) MIEMBROS, (L UGAR 2 Y L UGAR 4), PARA EL CONCILIO DE LA CIUDAD DE WYLIE PARA MANTENER EL PUESTO POR UNPERIODO DE TRES ANOS;DESIGNAR LOCALES PARA LOS CENTROS ELECTORALES; DESIGNAR FECHA DE TERMINACION PARA REGISTRACION; ORDENAR QUE SE DEN NOTIFICACIONES DE ELECCION COMO PRESCRITO POR LA LEY EN CONEXION CON TAL ELECCION.YDESIGNANDO JUECES DE ELECCION. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: AHORA, POR LO TANTO, SEA RESUELTO POR EL CONCILIO DE LA CIUDAD DE WYLIE, TEXAS, QUE: SECTION 1: An election is hereby ordered to be held on Saturday, May 12, 2012, for the purpose of electing two(2)City Council members to fill the following expiring terms on the Wylie City Council; Place 2 and Place 4. SECCION 1: Una eleccion es por el presente ordenada que se llevara acabo colectivamente con el Distrito Escolar Independiente de Wylie el sabado, 12 de Mayo, 2012, con el proposito de elejir a dos(2)miembros del Concilio para el Lugar 2 y el Lugar 4 del Concilio de la Ciudad de Wylie;cual su termino ha expirado. EXHIBIT "A" SECTION 2: The Election Day polling places where qualified voters shall cast ballots at such locations in the City of Wylie, 2012 General Municipal Election are as follows: SECCION2: Los locales de los centros electorales donde los votantes calificados votaran el dia de la eleccion de la Eleccion Municipal General del 2011 de la Ciudad de Wylie, son los siguientes: Polling Places Southfork Mobile Home Park Wylie Bible Church Community Clubhouse Family Center 216 Southfork Blvd. 206 N. Jackson Wylie, Texas 75098 Wylie, Texas 75098 Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election. Los Centros electorales estaran abiertos de las 7:00 a.m. alas 7:00 p.m. el dia de la eleccion. SECTION 3: Early voting by personal appearance shall be available at the Rockwall County Elections Office, 107 E. Kaufman, Rockwall, Texas, and Wylie Municipal Complex (Library), 300 Country Club Road, Building 300 , Wylie, Texas, City voters may vote at any of the additional Early voting locations open under full contract services with the Rockwall County Elections Administration. Early voting will begin on Monday, April 30, 2012 through Tuesday, May 8, 2012 during the normal working hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on Saturday, May 5, 2012 from 8:00 a.m. to 5:00 p.m. and Monday, May 7, 2012 and Tuesday, May 8, 2012 from 7:00 a.m. to 7:00 p.m. Applications for ballot by mail shall be requested from and mailed to the Rockwall County Elections Administration Office, Attn: Elections Administrator, 107 E. Kaufman, Rockwall, Texas 75087. Applications for ballots by mail must be received no later than the close of business on May 4, 2012. SECCION 3: Votacion temprana por apariencia personal sera disponible en la Oficina de Elecciones del Condado de Rockwall, 107 E.Kaufman,Rockwall, Texa y en el Centro Municipal de la Ciudad de Wylie (Biblioteca), 300 Country Club Road, Edificio 300, Wylie, Texas. Votantes de Wylie pueden votar en cualquiera de los locales adicionales de Votacion Temprana que estan abiertos bajo servicios de contrato completo con la Administracion de Elecciones del Condado de Rockwall. Votacion temprana empieza el Tunes, 30 de april, 2012 hasta el martes, 8 de mayo, 2012, durante las horas de trabajo normales de 8:00 a.m. a 5:00 p.m. con horas prolongadas el Sabado, 5 de mayo, 2012, de 8:00 a.m. a 5:00 p.m.,y el lunes,7 de mayo, 2012 y martes, 8 de mayo, 2012 de 7:00 a.m. a 7:00 p.m.Las solicitudes para boletos de votacion por correo deben ser pedidas y enviadas por correo a Rockwall County Elections Administration Office, Attn:Elections Administrator, 107 E. Kaufman, Rockwall, Texas 75069. Solicitudes para boletos de votacion por correo deben ser recibidas a no mas tardar para el cierre del dia de negocio el 4 de mayo, 2012. SECTION 4: Candidates must file for a specific place and adhere to the filing deadlines accordingly. Candidate Packets are available in the City Secretary's Office. The candidate filing periods EXHIBIT "A" for the General Election for Council Seats, Place 2 and Place 4 are as follows: SECCION 4: Candidatos deben registrarse para un lugar especifico y adherir consiguientemente a la fecha final de registracion. Paquetes para candidato estan disponibles en la Oficina de la Secretaria de la Ciudad. Los periodos para registracion del candidato para la Eleccion General para los Lugares del Concilio 2 y 4 son los siguientes: General Election Filing Council Seats Places 2 and 4 Registracion para la Eleccion General de los Lugares de Concilios 2 y 4 Beginning: February 4, 2012 at 8:00 a.m. Ending: March 5, 2012 at 5:00 p.m. Empezando: 4 de febrero, 2012 at las 8:00 a.m. Terminando:5 de marzo, 2012 a las 5:00 p.m. Candidates must file in the City Secretary's Office located at 300 Country Club Road, Building 100, Wylie Texas 75098. Candidatos deben archivar sus paquetes en la Oficina de la Secretaria de la Ciudad localizada en 300 Country Club Road, Edificio 100, Wylie, Texas 75098. SECTION 5: Direct Record Electronic (DRE)voting machines shall be used in this election for early voting by personal appearance and Election Day voting. Paper ballots shall be used for early voting by mail. SECCION 5:Maquinas electronicas de registracion directa para votacion seran utilizadas en esta eleccion para votacion temprana en persona y para votacion el dia de la eleccion. Boletos de papel seran utilizados para votacion temprana por correo. SECTION 6: The City Secretary is hereby authorized and directed to publish and/or post, in the time and manner prescribed by law, all notices required to be so published and/or posted in connection with the conduct of this election. The election, including providing notice of the election, shall be conducted in accordance with the Texas Election Code and other applicable law, and all resident qualified and registered voters of the City shall be eligible to vote at the election. SECCIONN 6: La Secretaria de la Ciudad esta por el presente autorizada y dirigida a publican y/o anunciar la hora y manera como prescrito por la ley, todas las notificaciones requeridas que sean publicadas y/o anunciadas en conexion con la conducta de esta eleccion. La eleccion, incluyendo dar aviso de la eleccion, deben ser conducidas de acuerdo con el Codigo de Eleccion de Texas y otras leyes aplicables,y todo residents calificado y registrado votante de la Ciudad debe ser elegible para votar en la eleccion. SECTION 7: The following election judges are hereby appointed: SECCION 7: Los siguientes jueces de la eleccion por la presente son designados: EXHIBIT "A" Early Voting: Rockwall Election Administration Votacion Temprana: Glenda Denton Early Voting Clerk, 107 E. Kaufman, Rockwall TX Smith Public Library Ruthie Wright Judge, 113 N. Winding Oaks, Wylie TX Mike Phelps Alternate, 1001 S. Hwy. 78 #92, Wylie TX Election Day: Wylie Bible Church Dia de la Eleccion: Ruthie Wright, Judge, 113 N. Winding Oaks, Wylie TX April Wright,Alternate Judge, 113 N. Winding Oaks, Wylie TX Southfork Mobile Home Park Pauline Pittman, Judge, 109 N. Carriage House Way, Wylie TX Betty Kappelman, Alternate Judge, 1610 Boxwood Lane, Wylie TX In the event the appointed judges/alternates are unable to execute or complete their duties for any reason,the Rockwall County Elections Administrator may identify additional alternate judges that the City Council shall appoint as soon as possible. En el evento que los jueces designados no puedan ejecutar o completer sus deberes por cualquier razon, el Administrador de Elecciones del Condado de Rockwall puede identificar jueces alternos adicionales los cuales el Concilio de la Ciudad designara tan pronto como es possible. The Mayor and the City Secretary of the City,in consultation with the City Attorney,are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Texas Election Code and any other state or federal law in carrying out and conducting the election,whether or not expressly authorized herein. El Alcalde y la Secretaria de la Ciudad, en consulta con el abogado de la Ciudad, por el presente estan autorizados y dirigidos de tomar cualquier y toda accion necesaria para estar en conformidad con las provisiones del Codigo de Eleccion de Texas y cualquier otra ley del estado o federal para llevar acabo y conducir la eleccion, aunque sea o no sea expresamente autorizado en esto. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin, Dallas and Rockwall Counties, Texas, on this the 14th day of February, 2012. DEBIDAMENTE PASADO YAPROBADO por el Concilio de la Ciudad de Wylie, Condados de Collin, Dallas y Rockwall, Texas, este dia 14 de febrero, 2012. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary STATE OF TEXAS § CANVASS OF THE CITY OF WYLIE GENERAL ELECTION COUNTY OF ROCKWALL § ay 12, 2012 I, Glenda Denton, the undersigned Elections Administrator of Rockwall County, do hereby certify that I have made the actual check and comparison of all the ballots tabulated as voted with the Return Sheets, and the unused ballots as recorded on the Register of Official Ballots. I, therefore, make the following findings from the May 12, 2012, City of Wylie General Election that was held in Collin County, Texas. I hereby certify the results to be a full, true and correct tabulation, audit and count of the votes cast in the said election. WITNESS, my hand on this the 17th day of May, 2012. t I k 4--- ,,4 Glenda Denton Elections Administrator Rockwall County PREC REPORT'GROU9DETAIL ROCKWALL OFFICIAL RESULTS JOINT ELECTION RUN DATE�05/12/12 09:25 PM REP0RT'EL30& PAGE 0086-81 0006 WYLIE TOTAL VOTES % EV'iVD EV'NI00 E0-iVD ED MIDO B8N/Prov REGISTERED VOTERS ' TOTAL 0 BALLOTS CAST - TOTAL. 979 70I 8 267 8 Il WYLIE CITY COVNClL, P2 VOTE FOR l Nathan Scott � . , . . . . . . . 572 59.77 398 O 169 O S Catherine @utochek . . . . . . . . 385 48.23 291 W 89 0 G WYLIE CITY COUNCIL, P4 VOTE FOR I Bennie Jones . . . . 588 53.76 374 U 130 0 4 Gilbert Tnmez. Sr. . . . . . . 437 46.24 805 Q 126 O 6 | � � � � � Wylie City Council CITY LIE Minutes Wylie City Council Meeting Tuesday May 8, 2012 - 6:00 p.m. Wylie Municipal Complex - Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:05 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor Pro Tem Red Byboth, Councilwoman Diane Culver, Councilwoman Kathy Spillyards, Councilman Rick White, Councilman David Goss, and Councilman Bennie Jones. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Linda Bantz; Fire Chief, Randy Corbin; WEDC City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Austin Byboth, son of Mayor Pro-Tem Red Byboth and Brenda Byboth, gave the invocation and Scout Troop 78 performed the presentation of the colors and led the Pledge of Allegiance. Troop Leaders Brenda Byboth and Dan Barnhart were present with the scouts. Scout Troop 78 presented Mayor Pro-Tem Byboth with a plaque of appreciation for his assistance in the scouting program. PRESENTATIONS • Mayor for the Day: Lexi Collins (Mayor Hogue) Mayor Hogue introduced Mayor for the Day Lexi Collins. Mayor Hogue explained Lexi won the silent auction for Smith Elementary where she is a student. The winner receives the designation as "Mayor for the Day." Mayor Hogue administered the student oath of office and Lexi presided along with the Mayor during the council meeting. All funds raised from the silent auction go to the local campus PTA. Minutes May 8, 2012 Wylie City Council Page 1 • Presentation of Appreciation Plaque to Mayor Pro-Tem "Red" Byboth (Mayor Hogue) Mayor Hogue and the entire Wylie City Council presented Mayor Pro-Tern "Red" Byboth with an appreciation plaque for his years of dedication, commitment and service as a Wylie City Council member. M. G. "Red" Byboth served as a city council member from 2007 to 2012 and served as the city's Mayor Pro-Tern from 2008 to 2012. Byboth did not seek re-election in 2012. The city held a reception in his honor prior to the city council meeting in the lobby. Many of his friends, colleagues, and City staff members attended. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Jim Henry, residing at 1416 Anchor Dr., Wylie addressed council thanking staff members for their support for the Wylie Youth Council. He presented a plaque of appreciation to the Police Department. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the April 24, 2012 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of March 31, 2012. (S. Satterwhite, WEDC Executive Director) C. Consider, and act upon, Ordinance No. 2012-14, amending the Comprehensive Master Plan, including the Land Use Map of the City of Wylie. ZC 2012-07 (R. 011ie, Planning Director) D. Consider, and act upon, Ordinance No. 2012-15, for a Specific Use Permit (SUP) for an Equipment Rental use on one lot of 2.0 acres (Highway 78 Business Park Addition, Block A, Lot 2) located at 1211 Highway 78 South. ZC 2012-05 (R. 011ie, Planning Director) E. Consider, and act upon, approval of a Final Plat for Wylie Retail Office Park Addition, establishing 5 commercial lots on 8.7264 acres, generally located on the southwest corner of S.H. 78 and Kreymer Lane. (R. 011ie, Planning Director) F. Consider, and act upon, approval of a Final Plat for Woodbridge Centre Phase I, establishing 11 commercial lots on 24.604 acres, generally located south of F.M. 544 and west of Woodbridge Parkway. (R. 011ie, Planning Director) Minutes May 8, 2012 Wylie City Council Page 2 G. Consider, and act upon, approval of a Final Plat for Mockingbird Hill, establishing 3 single family residential lots on 1.34 acres, generally located south of Brown Street and west of Carriage House Way. (R. 011ie, Planning Director) H. Consider, and act upon, approval of Ordinance No. 2012-16 creating a construction work zone for traffic and temporarily reducing the rate of speed on West Brown Street to 30 mph from FM 1378 to Westgate Way. (C. Holsted, City Engineer) L Consider, and act upon, a cooperative agreement for additional Law Enforcement Services, between the City of Wylie, Lavon Lake, Texas initiates agreement no. W9126G-12-P-0127 and the U.S. Army Corps of Engineers. This agreement is for the provisions of additional Law Enforcement Services from May 18, 2012 through September 04, 2012 for a sum not to exceed $50,831.95. (J. Duscio, Chief of Police) Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending the zoning from Agricultural District (AG/30) to Single-Family (SF-20/26) District on 2.88 acres, for proposed single family residential uses, generally located south of Alanis Drive and west of Ballard Avenue. ZC 2012-06 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the subject tract, located at 306 Alanis Drive, general located south of Alanis Drive and approximately 393 feet west of Ballard Avenue Street. The property is 2.88 acres in size and is zoned AG/30. The owner/applicant intends to establish three separate single family residential lots in conformance with SF-20/26 standards. The request for SF-20/26 zoning allows for medium-density single family residential houses consistent with surrounding land uses and zoning immediately to the east in providing for minimum 20,000 square foot lots. The Zoning Exhibit reflects Lots 1-3 and shall serve as Preliminary Plat, establishing lots in conformance with SF-20/26 standards. Prior to Certificates of Occupancy being issued, a Final Plat must be approved by City Council and filed with Collin County Clerk's Office. Seven (7) notifications were mailed to property owners within 200 feet in accordance with State Law. As of April 11, 2012 no responses were received favoring or opposing the zoning. She reported the Planning and Zoning Commission voted 6-0 in favor of the zoning request. Public Hearing Mayor Hogue opened the public hearing on Zoning Case No. 2012-06 at 6:40 p.m. asking anyone present wishing to address council to come forward. Minutes May 8, 2012 Wylie City Council Page 3 No one was present to address council regarding ZC 2012-06. Mayor Hogue closed the public hearing at 6:40 p.m. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman Goss to approve amending the zoning from Agricultural District (AG/30) to Single-Family (SF-20/26) District on 2.88 acres, for proposed single family residential uses, generally located south of Alanis Drive and west of Ballard Avenue. (ZC 2012-06) A vote was taken and the motion passed 7-0. General Business 2. Consider, and act upon, the award of CSP # W2012-25-A for an initial term of three (3)years with two (2) annual one (1) year renewals for Bank Depository Services for the City of Wylie; to J.P. Morgan Chase in the estimated annual amount of $40,953.00 and authorizing the City Manager to execute all necessary documents. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed council stating that the depository services requested included the basic services of receiving deposits, paying items, wiring funds out, receiving funds wired in, stop payments and other normal banking activities. No investment transaction activities were included other than safekeeping services. The primary objectives of the Depository Agreement were to maximize cash availability and to maximize yield after satisfying the goals of safety and liquidity. Council/Staff Discussion Mayor Hogue asked if staff scoring showed that J.P. Morgan Chase came in lower than American National Bank. Bantz replied that was correct and staff was recommending J.P. Morgan Chase for the depository services. Mayor Hogue asked Director Bantz if the council was required to go with the lowest bid. Bantz replied that the council should select the lowest bidder that can provide the services at the lowest cost. Mayor Hogue replied that his concern was the longtime relationship the City has had with American National Bank. Bantz explained there were still many services American National Bank was providing to the City including loans and Certificates of Obligation Bonds. Council Action A motion was made by Councilwoman Culver, seconded by Councilman White to award the CSP#W2012-25A for an initial term of three (3) years with two (2) annual one (1) year renewals for Bank Depository Services for the City of Wylie; to J.P. Morgan Chase in the estimated annual amount of $40,953.00 and authorizing the City Manager to execute all necessary documents. A vote was taken and the motion passed 5-2 with Councilman White, Councilwoman Culver, Councilman Jones, Councilman Goss, and Councilwoman Spillyards voting for and Mayor Hogue and Mayor Pro-Tem Byboth voting against. 3. Consider, and act upon, Resolution No. 2012-16(R) denying Atmos Energy Corp., Mid-Tex Division's ("Atmos Mid-Tex") requested rate change; requiring the company to reimburse the city's reasonable ratemaking expenses; finding that the meeting at which this resolution is passed is open to the public as required by law; Minutes May 8, 2012 Wylie City Council Page 4 requiring notice of this resolution to the company and ACS's legal counsel. (M. Manson, City Manager) Staff Comments City Manager Manson addressed council stating that ACSC engaged attorneys and consultants to review Atmos Mid-Tex's proposed rate increase. Additionally, the ACSC cities passed suspension resolutions earlier this year, extending the effective date of Atmos Mid-Tex's proposed rate increase to June 4, 2012, in order to permit the cities time to review Atmos Mid-Tex's Statement of Intent. During their review, ACSC's consultants found justification that Mid-Tex's rates should be decreased. On April 25, 2012, the company extended the effective date of its proposed rate change, which similarly extended cities' jurisdictional deadline to June 11, 2012. The purpose of the resolution is to deny Atmos Mid-Tex's proposed rate increase pending further settlement discussions and to prevent Atmos' proposed rate increase from automatically taking effect on June 11, 2012. Council Action A motion was made by Mayor Pro-Tem Byboth, seconded by Councilman Jones to approve Resolution No. 2012-06(R) denying Atmos Energy Corporation Mid-Tex Division's requested rate change; requiring the company to reimburse the City's reasonable ratemaking expenses; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and ACS's legal counsel. A vote was taken and the motion passed 7-0. READING OF ORDINANCES City Secretary Ehrlich read the captions to Ordinance No.'s 2012-14, 2012-15 and 2012-16 into the official record. Mayor Hogue convened into work session at 6:55 p.m. WORK SESSION • Discuss Wylie Recreation Center and Bart Peddicord Community Center membership and facility fees. (R. Diaz, Parks & Recreation Superintendent) Parks & Recreation Superintendent Diaz addressed council giving an update on the Wylie Recreation Center and Bart Peddicord Community Center and making some recommendations for minor tweaks to the fees and regulations. Diaz made the following recommendations for each facility: • Raise the minimum age for children getting a membership to 7 years old from 3 years old. • Raise the adult membership to 18 years of age and up. • Increase the number of pass holders for a family membership from 4 to unlimited (in the same household). • Raise rates for meeting rooms at the Bart Peddicord Community Center to be the same as the Wylie Recreation Center. • Clarify the term "large events." The ordinance is currently worded as Bart Peddicord Community Center Fees (two-hour minimum)($100 deposits required on large events). Minutes May 8, 2012 Wylie City Council Page 5 • Clarify whether non-profit organizations are required to pay deposits at the Bart Peddicord Community Center. The ordinance currently allows non-profit organizations to rent the facility at no charge, but it is unclear whether such groups should pay a deposit. Direction from council included: • Set family memberships over a family of 4 at a "per additional family member" fee or set fees for each level of family membership, 2-$, 3+$. • Keep facility fees for the Bart Peddicord and Wylie Recreation Center different due to the difference in the facilities. • Review lowering the adult memberships from 17 years and older to 16 years and older. • Review charging all not-for-profits some deposit fee for renting the facilities for large events but not for small meetings. • Bring revised recommendations back to council for further discussion. RECONVENE INTO REGULAR SESSION Take any action as a result of executive session. Mayor Hogue reconvened into regular session at 7:49 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Mayor Pro-Tem Byboth to adjourn the meeting at 7:50 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes May 8, 2012 Wylie City Council Page 6 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 22, 2012 Item Number: B. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: May 14, 2012 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for April 30, 2012. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for April 30, 2012. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LB 5/14/2012 City Manager MM 5-18-12 Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT April 30,2012 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 58.33% ACCOUNT DESCRIPTION 2011-2012 2011-2012 2011-2012 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 17,344,265 386,254 15,235,799 87.84% A FRANCHISE FEES 2,241,000 57,822 851,053 37.98% B LICENSES AND PERMITS 411,000 51,958 297,963 72.50% INTERGOVERNMENTAL REV. 600,272 445 340,559 56.73% SERVICE FEES 2,716,000 284,065 1,490,635 54.88% C FINES AND FORFEITURES 307,000 20,703 158,878 51.75% INTEREST INCOME 19,000 1,874 9,352 49.22% D MISCELLANEOUS INCOME 341,389 39,631 188,063 55.09% OTHER FINANCING SOURCES 1,681,997 0 1,681,997 100.00% REVENUES 25,661,923 842,752 20,254,299 78.93% USE OF FUND BALANCE 934,010 NA NA NA E TRANSFER FROM EMERGENCY COMMUNICATIONS 248,224 NA NA NA TOTAL REVENUES 26,844,157 NA NA NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 95,681 3,907 54,023 56.46% CITY MANAGER 700,600 50,501 367,871 52.51% CITY SECRETARY 252,154 19,992 134,934 53.51% CITY ATTORNEY 128,000 9,276 48,953 38.24% FINANCE 893,964 54,619 509,070 56.95% FACILITIES 467,209 22,921 180,632 38.66% MUNICIPAL COURT 279,959 19,746 129,113 46.12% HUMAN RESOURCES 201,183 13,831 110,408 54.88% PURCHASING 151,365 7,467 96,825 63.97% F INFORMATION TECHNOLOGY 1,003,066 73,125 667,327 66.53% G POLICE 5,454,207 451,591 3,079,008 56.45% FIRE 5,735,142 426,255 3,310,306 57.72% EMERGENCY COMM UN ICATIONS 1,139,996 79,067 522,085 45.80% ANIMAL CONTROL 327,356 23,783 166,208 50.77% PLANNING 485,519 41,238 256,825 52.90% BUILDING INSPECTION 667,438 46,741 369,533 55.37% CODE ENFORCEMENT 250,748 18,742 115,953 46.24% STREETS 1,567,725 78,877 748,564 47.75% PARKS 1,550,830 118,213 795,928 51.32% RECREATION 212,050 7,430 10,106 4.77% LIBRARY 1,401,348 111,883 777,781 55.50% COMBINED SERVICES 3,639,283 199,287 1,913,975 52.59% TOTAL EXPENDITURES 26,604,823 1,878,492 14,365,428 54.00% REVENUES OVER/(UNDER)EXPENDITURES 239,334 -1,035,740 5,888,871 24.93% A. Property Tax Collections for FY11-12 as of April 30 are 98.98%,in comparison to FY10-11 for the same time period 98.61%. B. Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C.Service Fees:Trash fees billed in October are applicable towards FY 2010-11 revenue with the remaining fees coming from WAVE and other seasonal fees. D.Interest Income: In relation to the last 12 months the current interest is in line with projections. E. Use of Fund Balance:to supplement Debt Service and Replacement/New Fleet and Equipment. F. Due to the retirement of Purchasing Agent,and subsequent hire of a new employee,expenses have increased;however,these will level out throughout the fiscal year. G.Due to the timing of technology purchases,expenses have increased;however,these will level out throughout the fiscal year. CITY OF WYLIE MONTHLY FINANCIAL REPORT April 30,2012 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 58.33% ACCOUNT DESCRIPTION 2011-2012 2011-2012 2011-2012 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 10,341,000 811,507 5,150,775 49.81% INTEREST INCOME 15,000 1,043 7,368 49.12% MISCELLANEOUS INCOME 35,000 3,103 23,196 66.27% OTHER FINANCING SOURCES 0 0 0 0.00% TOTAL REVENUES 10,391,000 815,653 5,181,339 49.86% H UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 295,050 16,919 181,300 61.45% UTILITIES-WATER 1,116,406 84,298 558,614 50.04% CITY ENGINEER 438,935 33,124 239,035 54.46% UTILITIES-SEWER 660,027 39,633 331,432 50.21% UTILITY BILLING 625,373 42,899 343,916 54.99% COMBINED SERVICES 14,183,712 824,518 8,577,802 60.48% TOTAL EXPENDITURES 17,319,503 1,041,391 10,232,099 59.08% REVENUES OVER/(UNDER)EXPENDITURES -6,928,503 -225,738 -5,050,760 -9.21% I H.Most Utility Fund Revenue billed in October are applicable to FY 2010-11. I.Use of Fund Balance for Community Park Utility Infrastructure. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 22, 2012 Item Number: C. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: May 14, 2012 Budgeted Amount: Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for April 30, 2012. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for April 30, 2012. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LB 5/14/2012 City Manager MM 5-18-12 Page 1 of 1 2011-2012 Investment Report April 30, 2012 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $39,830,968.51 MMA 0.1110% Texpool 12/31/2006 NA 2 $15,016,228.35 MMA 0.1098% TexStar 3/15/2011 NA $54,847,196.86 Total Weighted Average Coupon: 0.11% Money Markets: $54,847,196.86 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $54,847,196.86 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 22, 2012 Item Number: D. Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: May 7, 2012 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of April 30, 2012. Recommendation Accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of April 30, 2012. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on May 17, 2012. Approved By Initial Date Department Director SS 5/7/2012 City Manager MM 5-18-12 Page 1 of 1 5-08-2012 03222 PM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: APRIL 30TH, 2012 111-WYLIE ECONOMIC BEVEL CORP ACCOUNT TITLE ASSETS F2236,286 1000-10110 CLAIM ON CASH AND CASH EQUIV, 1,415,446.52 1008-10115 CASH - NEDC - INWOOD 0.00 1000-10135 INW000 BANK - ESCROW 0.00 1000-10180 DEPOSITS 2,000.00 1000-10198 OTHER - MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00, 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 0,00 1000-11511 ACCTS REC MISC I 0.021 1000-11512 ACCTS EEL - SALES TAX 0.00 1000-12810 LEASE PAYMENTS RECEIVABLE. 6,915,942.00 1000-12996 LOAN RECEIVABLE 0.00 1000-122192 ROOTS EEC JTM TECH 0.00 1000-12998 ACCTS EEC - SAVAGE 240,824.58 1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00 1000-14116 INVENTORY - LAND & BUILDINGS 2,296,51.2.37 1000-14118 INVENTORY - HMCO/ SANDER BLVD 0.00 1000-14310 PREPAID EXPENSES - MISC 0.00 1000-14410 DEFERRED CHARGES 656,343.40 11,527,068.83 TO"AL ASSETS 11,527,068-85 662262632,662666 LIASTLITTES 26666,32.266.2 2000-20110 FEDERAL INCOME TAX PAYABLE 0,08, 2000-20111 MEDICARE PAYABLE, 0.00 2000-20112 CHILD SUPPORT PAYABLE. 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE 96.84 2000-20117 TMRS PAYABLE 0.00 2000-20118 ROTH IRA PAYABLE. 0,00 2000-20119 WORKERS COMP PAYABLE 0,00 2000-20120. FICA PAYABLE 0.00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-70124 BANKRUPTCY PAYABLE 0.00 2000-20123 VALIC DEFERRED COMP 0-08 2000-2(126, ICMA PAYABLE 0.00 2000-201.22 EMP, LEGAL SERVICES PAYABLE ( 12.00) 2000-20130 FLEXIBLE SPENDING ACCOUNT 2,399.84 2000-20132 EMP CARE ELITE 12.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20160 ADD1T EMPLOYEE INSUR BAY 0..00 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 2,7113.76 2000-20210 ACCOUNTS PAYABLE 48,095.12 5-08-2012 0322 PM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OP: APRTL 30TH, 2012 111-WYLIE ECONOMIC DEVEL CORP ACCOUNTW TITLE 2000-20530 PROPERTY TAXES PAYABLE 0.00 2000-20540 NOTES PAYABLE i65 ,343.40 2000-2(.1810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REvENUE 141,907.38 2000-222M DEFERRED REV - LEASE PRINCIPAL 5,980,375.06 2000-22280 DEFERRED REVENUE - LEASE INT 935,564.94 2000-22910 RENTAL DEPOSITS 2,R00.00 TOTAL LIABILITIES 7,70,356.44 EQUITY 3000-34110 FUND BALANCE - RESERVED 488,181.60 3000-34590 FUND BALANCE-UNRESERV/UNDERIG 3,260,210.27 TOTAL BEGINNING EOUITY 3,757,301.87 TOTAL REVENUE 951,794.46 TOTAL EXPENSES 955,473.92 REVENUE OVER/(UNDER) EXPENSES 619,46) TOTAL EQUITY 4 OVER/(UNDFR) 3,756,712.41 TOTAL LIABILITIES, EQUITY 4 OVER/(UNDER) 1/,527,068.B0 5-09-2012 03'422 EN CITY OF NYLON ?AGEt BALANCE SHEET AS OF! APRIL 30TH, 2012 822-GEN LONG TERN DEBT .61EDC) ACCOUNT TITLE scs ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-181.0 LOAN NEDc 0..00 1000-18120 LOAN - BIRMINGHAM 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1090-19220 BIRMINGHAm LOAN 0.00 0.00 TOTAL ASSETS 0,00 LTAFiILFTIES c-.58...8.R 2000-20310 COMPENSATED ABSENCES PAYABLE 47,002.56 2000-20311 COMP ABSENCES PAYABLE-CURRENT 0.00 2000-21410 ACCRUED INTEREST PAYABLE 0.00 2000-28205 WEUL LOANs - CURRENT 128,993,19 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 0.00 2000-28235 ANN LOAN 289,248.24 2009-28236 ANN CONSTRUCTION LOAN 4,645,749.18 2000-28240 HUGHES LOAN 153,588.50 2000-28250 CITY OF WYLIE LOAN 0.00 2000-28260 PRIME RUTS LOAN 0,00 2000-28210 BOWLAND/ANDERSON LOAN 0_00 2009-28290 CAPITAL ONE ABAD LOAN 0,00 TOTAL LIABILITIES 5,264,463.87 EQUITY 3000-34590 FUND BALANCE-UNRESERV/RNDESIG( 5,423,411.171 TOTAL BEGINNING EQUITY ( 5,423,411,173 TOTAL REVENUE 0.00 TOTAL EXPENSES ( 158,947.30) REVENUE OVER/(UNDER1 EXPENSES 158,049.90 TOTAL EQUITY I OVER/WMDER) 5,2640463.81) TOTAL LIARIIaTIES0 EQUITY , OVER/MNDER) 0.00 5-08-2012 0323 PM CITY OF WYLIE PALE 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: APRIL 30111,, 2012 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-0 BUDGET 1 OF BUDGET PERIOD PC ADJUST, ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,801,162.00 115,113.82 0.00 631,294.80 0.00 1,165,861.20 35.05 INTEREST INCOME 281,260,00 100649.12 0.00 75,403.31 0.00 205,856.69 28.81 MISCELLANEOUS INCOME 90,892.00 5,315.06 0.00 35,809.15 0.00 51012.55 41.90 OTHER FINANCING SOURCES 209,930.00 30,198.31 0.00, 210,2E4.215 0.00 357.20) 100.17 TOTAL REVENUES 2,3830234.0E 1610275.91 0.00 954,994.46 0.00 1,428,439.54 40.05 ..,,.........- ............ -.-----.-.-- ............. ........„.... ........„....... ...,,, EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 2,161,766.00 201,342.97 0.00 955,473.92 14000-10 3,8104321-01 14.59 TOTAL EXPENDITURES 2,157,716.00 201,3(2,97 0,00 955,473.92 1,970,17 10810,321,91 34.59 REVENUE OVER/(UNDER) EXPENDITURES ( 384,532,001 # 4030914.091 0,0(1 ( 579.46)# 1,970,17) ( 381,882,371 0.69 5-08-2012 03.23 mu ur, OF WYLzo rano. c pE,omms AND s,PEmuo REPORT (vm^nozTEo) AS or. a,m,c 30ra' zn`, n`-w,^zo ncmwmyzc uEVEL CORP xovomvEn cnxnumr cvaxnmr r^zoa YEAR ,-T-o ,-r-u eo,orr x or auonEr roxzoo r" uu/vnr, ocrvvL mncvwaRAmco a^mwor nonuEr TAXES 4000-40150 xmv IN Lozn OF raxEx ,^s'oov.ou 0.00 0.00 0.00 0.00 155'889�00 0.00 4000 ^n,zo ov^ox rax 1.645'273�00 ,zs,,`».ax o-no 631.294.80 0.00 1,013,9r8,20 38,37 rorxL rvxo, 1'601'1*2,00 11:'113,62 o�oo 631'294.80 0.00 1'169'867.20 35,05 INTEREST INCOME 4000-46050 conrzrzmro or uoroczr n�nn n�nn 0.00 0.00 u.vo 0.00 n�oo 4000-46110 *Lcuc^roo `wrovour o^mmzmou `'ono.nn 165.03 0.00 9ie.51 0.00 x'oon.^, 30.55 4000 4sz^v roxrvoL zmromoSr n�oo v�uv 0.00 0,00 o-ov 0.00 o�oo ^000 *o'«a xocm zmrnnnor 0.00 o�oo 0.00 0.00 0.00 0.00 0.00 4000-46150 zorouoxr oARNzmov 278'260�00 10.483�69 o�oo /«,"os.00 o�vo zvs'rr:.co z*.r, «oon *^z10 aawu mumoz mamuuc zurmmocr 0.00 0.00 0.00 0.00 0.00 _ 0,00 _ 0.00 rocaL zmrEnoor INCOME znz'zso.00 10'648�72 0.00 ,s'^o`.s, 0.00 205'856.69 26�81 14zxcELL^mo"ou zmcomE 4000-48110 momraL zmcmxo uo'^ec.00 4'700.00 0.00 35'800�00 0.00 ^z'soz.no :v.^^ ,000-^oxm mocmmmz rnzom YEAR ux,mw 0.00 0.00 0.00 0.00 0.00 n�on v�un 4000-48410 wzxco^^xmnonu zmcOMm z'+nn.un ^`x.n^ 0.00 2'009,15 0.00 390.85 oa�'], 4000'48430 oszm/Loox s^cE or o^r ^xyor 0.00 0,00 0.00 0.00 0.00 0.00 _0.00 zor^L mzocoLLAmovvo INCOME m'onz.00 5'315.06 o�no 37'809�15 0.00 53'0,2 n` 41.60 urucn FINANCING SOURCES 4000 4y1so caumuFna FROM u^mom^L rnmo 0.00 u�no n�on 0.00 0.00 0.00 0.00 4000 ^93z5 avun moro snocnEuo n�no 0.00 0.00 0.00 o�on 0.00 o�ou 000n x"55n Laasa rnzmczr^L e^zwomTu (0_-20L9,930.00 30,198,31 0.00 _-220/28-1,20 ___-�0l ' 35/.20) 1�.�l ror^^ orune rzm^mczwn xonmcmx 209'930.00 30.198.31 n�no z,o',nr.00 o�no ' z^,.co) 100,17 ror^^ xovouoox 2'383'234�00 161'2/5.91 0.00 954'794�46 o�uo 1'428'^39.5" ^o.00 5-08-2012 03:23 PM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF„ APRIL 30TH, 2012 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 172,370.00 13,259.24 0.00 92,814.68 0,00 79,555.32 53.85 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0,00 0.00 5611-51140 LONGEVITY PAY 1,057.00 0.00 0.00 1,060.00 0.00 ( 3,00) 100.28 5611-51145 SICK LEAVE BUYBACK 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0,00 0.00 561.1-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.0) 0.00 0.00 5611-51210 CAR ALLOWANCE 11,320.00 870.78 0.00 6,095.46 0,09 5,224,54 53.85 5611-51220 PHONE ALLOWANCE 3,456.00 864.00 0.00 2,525.52 0.08. 930,48 73.08 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 21,771.00 1,784.64 0.60 12,563.34 0,0.0 9,207.66 57.71 5611-51410 HOSPITAL & LIFE INSURANCE 27,260.00 1,745.29 0.00 12,533.99 0,1/1 14,726,01 45.98 5611-51420 LONG-TERM DISABILITY 993.00 0.00 0.00 267.54 0.00 115.46 27,22 5611-51440 FICA 10,687.00 843.16 0.00 4,116.37 0,00 6,570.63 38.52 561.1-51450 MEDICARE 2,500.00 197.18 0.00 1,414.94 0.80 1,065..06 56.60 5611-51470 WORKERS COMP PREMIUM 656.00 0.00 0.00 539.51 0,00 116,49 82.24 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 522.00 0.00 522.00 0.00 18,00 96.67 TOTAL PERSONNEL, SERVICES 252,600.00 20,086.29 0.00 134,453.35 0.00 118,146.65 53.23 SUPPLIES 5611-52010 OFFICE SUPPLIES 5,000.00 89.91 0.00 3,038.10 35.85 1,926.05 61.48 5611-52040 POSTAGE & FREIGHT 980.00 19.30 (1,00 176.56 2.68 800.76 18.29 5611-52130 TOOLS/ EQUIP - UNDER $100 0.00 0.00 0,00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 5,000.00 308.56 0.„00 2,061.39 267.45 2,671.16 46.58 561.1.-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 10,9(30.00 417.77 0.00 5,276.05 305.98 5,397.97 50.84 MATERIALS FOR MAINTENANC 561.1.-54630 TOOLS & EQUIPMENT 0.00 0,00 0.00 0,00 0.00 0.00 0,00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0,00 0.00 493.83 0.00 2,506.17 16.46 5611-54990 OTHER 0.00 0,.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 493.83 0.00 2,506.17 16.46 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 1,000,378.00 0.00 0.00 152,541.15 0.00 847,636.85 15,25 5611-56040 SPECIAL SERVICES 180,789.00 2,687.76 0.00 7,244.26 470.00 173,074.74 4.27 5611-56080 ADVERTISING 26,800.00 765.00 0.00 6,575.00 0.00 20,225.00 24.53 5611-56090 COMMUNITY DEVELOPMENT 34,250.00 1,140.00 0.00 26,044.75 0.00 8,205.25 76.04 5611-56110 COMMUNICATIONS 3,780.00 347.25 0.00 2,258.22 125.08 1,396.70 63.05 5611-56180 RENTAL 22,600.00 1,725.08 0.00 14,821.73 0.00 7,778.27 65.58 5611-56210 TRAVEL & TRAINING 22,787.00 1,455.29 0.00 10,678.87 1,069,11 11,039.02 51.56 5611-56250 DUES & SUBSCRIPTIONS 8,803.00 330.00 0.00 2,665.00 0.00 6,138.00 30.27 5611-56310 INSURANCE 303.00 0.00 0.00 303.00 0.00 0.00 100.00 5611-56510 AUDIT & LEGAL SERVICES 82,750.00 1,515.50 0.00 42,904.65 0.00 39,845.35 51.85 5611-56510 ENGINEERING/ARCHITECTURAL 37,000.00 0.00 0.00 4,420.00 0.00 32,580.00 11.95 5611-56610 UTILITIES-ELECTRIC 3,500,00 124.82 0.00 845.00 0.00 2,:655.00 24.14 TOTAL CONTRACTUAL SERVICES 1,423,740.00 16,090.70 0.00 271,301.63 1,664.19 1,150,774.18 19.17 5-08-2012 02:22 PM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - IUNAUDITED1 AS OFt APRIL 30TH, 2012 113-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR 8-T-D Y-T-D BUDGET I OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE 6 CAP, REPT 9611-57110 DENT SERVICE 635,846.00 52,812.91 0.00 410,311.5,1,' 0.09 225,474.03 64.54 5611-57710 SAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE 6 CAP, REPL 635,846.00 52,812.91 0.00 410,371.97 0.00 225,474.03 64.54 CAPITAL OUTLAY 5611-58110 L,84D-PURCHASE PRICE 1500000.00 0.09 0.00 1,000.00 0,00 149,000.00 0,67 5911-52120 DEVELOPMENT FEES 0,00 0.00 0.00 0.00 0.90 0.00 0,00 5611-58190 LAND-HETTERMENTS 0.00 0.00 0.00 0.00 0.90 0.00 0.00 5511-58210 STREETS 6 ALLEYS 40,000,00 0.00 0,00 0.00 0.00 40,000.00 0.00 5611-58410 SANITARY SEWER 230,000.00 /11,965.30 0.00 111,965.30 0.00 118,034.70 48.68 5611-58810 COMPUTER HARD/SOFTWARE 20000.00 0.00 0.00 1,011.19 (LOG 988.21 50.59 5611-58830 FURNITURE 6 FIXTURES 14,600,00 0.90 0,00 140600.00 0,00 0.00 100.00 5611-58910 BUILDINGS 0.00 0.00 0.69 0.00 0.00 0.90 0.00 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0,00 0.00 0.00 TOTAL CAPITAL OUTLAY 436,600.00 111,965.30 0.09 128,577.00 0.00 308,022.51 29.45 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 5,000,00 0,00 0.00 9,000.90 0.00 0.00 100,90 5611-99190 TRANSFER TO THORUGHFARE IMP 0.00 0.00 0.00 0.90 0,00 0.00 0.00 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 5,000.00 0.00 0.00 9,000.90 0.00 0.90 100.00 TOTAL DEVELOPMENT CORP-WEDC 2,767,796.00 201,372.97 0.00 855,472.92 1,970.11 1,810021,41 34.59 TOTAL EXPENDITURES 2,167,766.00 201,372.97 0.00 955,413.92 1,870.17 1,810,221.91 34.59 REVENUE OVER (UNDER) EXPENDITURES ( 384,532,00) ( 40,097.061 0.09 t 679,4611 1,979.110 ( 381,882.371 0.69 111 END OF REPORT III Wylie Economic Development Corporation Inventory Subledger April 30, 2012 Inventory -Land Date of Pur. Address Acreage Improvements Cost Basis Value Sq. Ft. McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath 12/28/05 706 Cooper 0.46 32,005 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Hughes 7/25/06 211 -212 Industrial 0.74 209,801 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 182,223 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 128,083 3,900 200,781.55 Ferrell 9/29/05 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. 2/14/07 -0.09 -20,094.48 Crossroads 6/12/09 2804 F.M. 544 0.44 24,696 4,750 171,842.02 Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,170.77 Premier Plaza 8/26/05 Martinez Lane 25.00 n/a -639,000.00 Sale to Savage 5/28/08 -3.87 -98,917.20 SAF-Holland 12/14/10 Martinez Lane 1.33 n/a -225,514.65 ACE Martinez Lane 22.44 96,000 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00 Total 53.88 576,808 122,825 2,296,512.37 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. *Prime Kuts total purchase price was$306,664.45. The distribution between 207 Industrial and R.O.W. purchased was developed by Seller for tax purposes. *Should lease to term and not execute purchase option, WEDC liable to reimburse ACE for Holland property purchase ($112,500). Wylie Economic Development Corporation Balance Sheet Sub ledger April 30, 2012 Notes Payable Date of Rate of Purchase Payment Beginning Bal. Principal Interest Interest Principal Balance March 31, 2012 $5,238,747.18 Hughes(#69 of 120) 7/25/06 3,676,29 171,555.73 2,961.48 714.82 5.00 168,594.25 ANBTX(#18 of 60) 10/28/10 8,454.82 332,491.20 7,043.44 1,411.38 4.95 325,447.76 ANBTX-ACE(#9 of 180) 8/1/11 40,681.80 4,734,700.25 18,005.65 22,676.15 5.75 4 716,694.60 , April 30, 2012 28,010.57 $24,802.35 $5,210,736.61 Note: Principal and Interest payments vary by date of payment. Wylie Economic Development Corporation AVOIDED TAX SUB LEDGER-Ascend Custom Extrusion April,2012 2011 Amt. Received COW Tax WISD Tax 1/5 of July COW 1/5 of July WISD Total Payment Pmt. Date Ck.# August 4,257.03 7,766.75 851.41 1,553.35 14,428.54 September 4,257.03 7,766.75 851.41 1,553.35 14,428.54 October 4,257.03 7,766.75 851.41 1,553.35 14,428.54 November 4,257.03 7,766.75 851.41 1,553.35 14,428.54 December 4,257.03 7,766.75 851.41 1,553.35 14,428.54 1/4/2012 WISD-52923 Total 21,285.15 38,833.75 4,257.05 7,766.75 72,142.70 COW-52915 2012 Amt. Received COW Tax WISD Tax Total Payment January 4,257.03 7,766.75 12,023.78 February 4,257.03 7,766.75 12,023.78 March 4,257.03 7,766.75 12,023.78 April 4,257.03 7,766.75 12,023.78 May June July August September October November December Total 17,028.12 31,067.00 48,095.12 WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF MAY 2012 MONTH WEDC WEDC WEDC DIFF % DIFF 2010 2011 2012 11 VS 12 11 VS 12 DECEMBER $81,014 $103,687 $112,676 $8,989 11.10% JANUARY 91,593 100,999 118,175 17,176 17.01% FEBRUARY 153,281 158,204 171,759 13,555 8.57% MARCH 89,717 104,670 113,571 8,900 8.50% APRIL 89,119 98,463 115,114 16,650 16.91% MAY 144,953 158,379 154,424 -3,955 -2.50% JUNE 111,174 116,832 JULY 99,065 119,527 AUGUST 144,373 157,310 SEPTEMBER 98,102 123,153 OCTOBER 96,010 118,827 NOVEMBER 145,337 163,346 Sub-Total $1,343,739 $1,523,400 $785,719 $61,315 8.46% AUDIT ADJ TOTAL $1,343,739 $1,523,400 $785,719 $61,315 8.46% WEDC SALES TAX ANALYSIS $200,000 $180,000 - $160,000 , . - - $140,000 $120,000 - - - - - $100,000 - - - 2011 $80,000 -- - ■2012 $60,000 - [[[Ii - 1 $40,000 - z' z, t = _ 6 U N ^2 Q U N LL Q O Z a) Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 22, 2012 Item Number: E. Department: Fire (City Secretary's Use Only) Prepared By: Randy Corbin Account Code: Date Prepared: May 8, 2012 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Resolution No. 2012-19(R) authorizing the City Manager to execute an Interlocal Agreement between the City of Wylie and Collin County for cooperative fire cause determination and prosecutorial activities. Recommendation Motion to approve Resolution No. 2012-19(R) authorizing the City Manager to execute an Interlocal Agreement between the City of Wylie and Collin County for cooperative fire cause determination and prosecutorial activities. Discussion As a means of being more effective for Collin County and Collin County cities, the Collin County Fire Marshal's Office has created an Arson Task Force. This Task Force will enable expertise from across the County to legally assist in the investigations of fire scenes to determine any criminal activity related to fire and/or arson. Conversely, County resources may be called upon to assist inside the incorporated limits of Wylie. This reciprocity requires this agreement between governing bodies because of the law enforcement aspect, which is not otherwise covered under existing fire mutual aid or contracts for services. The agreement leaves WFR Fire Marshal resources still solely accountable to the Fire Chief, and able to be recalled back to our City or for the agreement to be severed. Approved By Initial Date Department Director GRC 5/8/2012 City Manager MM 5-18-12 Page 1 of 1 RESOLUTION NO. 2012-19(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS TO EXECUTE THE COLLIN COUNTY FIRE AND ARSON TASK FORCE INTERLOCAL AGREEMENT ("AGREEMENT"), ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, the Collin County Fire and Arson Task Force Interlocal Agreement ("Agreement"), which is attached hereto as Exhibit"A," and incorporated herein for all purposes. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS the 22 day of May, 2012. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Resolution No. 2012-19(R) Arson Task Force ILA—Fire Collin County&City of Wylie EXHIBIT "A" (AGREEMENT) Resolution No. 2012-19(R) 2 Arson Task Force ILA—Fire Collin County&City of Wylie COLLIN COUNTY FIRE AND ARSON TASK FORCE INTERLOCAL AGREEMENT STATE OF TEXAS § COUNTY OF COLLIN § This Agreement is entered into by and between Collin County, (the "County") and the City of Wylie, Texas ("Wylie") (hereinafter referred to collectively as the "Parties"). The Parties execute this Agreement as hereinafter provided pursuant to the Interlocal Cooperation Contracts, Texas Government Code, Section 791.011, et seq., and the Texas Local Government Code, Section 362.002, et seq., and all other applicable statutes. WHEREAS, there is a need for investigative and prosecutorial cooperation in suspected arson cases in the County and Wylie; and WHEREAS, the Parties hereto have determined that the best possible method for attacking the arson problem within the County and Wylie, Fire Marshal's office is an agreement establishing such cooperation by way of a Task Force, including the Wylie Fire Marshal's Office and the County Fire Marshal's Office; and WHEREAS, the Parties desire to enter into this Agreement to provide investigative and prosecutorial cooperation in connection with arson and other criminal cases; and WHEREAS, each party is authorized to perform the services contemplated herein the Parties for the mutual consideration hereinafter stated, agree and understand as follows. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS DESCRIBED HEREIN, THE PARTIES AGREE AS FOLLOWS: I. The Parties execute this Agreement for the purpose of providing arson and explosive detection, investigative, and prosecutorial capabilities to each other as the need arises. II. The Collin County Fire Marshal's Office will be the coordinator of the Collin County Fire and Arson Task Force created by this Agreement, and the Collin County Fire Marshal's Office will be the central repository of the Parties' executed counterparts of this Agreement. III. When requested by one party to this Agreement, another party to this Agreement may provide available members of its fire and explosive investigative unit to investigate and perform follow-through prosecution duties regarding fires or explosions of suspicious origin or unknown causes within the requesting jurisdiction. While engaged in such activities, employees of the Collin County Fire and Arson Task Force Interlocal Agreement Page 1 606232,2 responding party shall be under the rules of the requesting party and the direction and supervision of the requesting party's officer in charge of the investigation. The availability of a party's officers shall be determined by the responding party. IV. While any responding party investigative officer is in the service of the requesting party, he or she shall be considered an investigative officer of the requesting member and be under the command of the requesting party's department head or the department head's designee, with all the powers of a regular investigative officer of the requesting party, as fully as though he or she were within the territorial limits of the governmental entity where he or she is regularly employed and his or her qualifications, respectively, in the job position for the local governmental entity by which he or she is regularly employed, shall constitute his or her qualifications for the position within the territorial limits of the requesting member, and no other oath, bond, or compensation need be made. V. In performing duties under this agreement, each party will comply with all necessary federal, state and local laws, regulations and ordinances, including those relating to disposal of property acquired from grant funds. VI. The party regularly employing the investigative officer shall pay all wages and disability payments, pension payments and payments for damages to equipment and clothing of that officer while he or she is involved in activities pursuant to this Agreement the same as though the services had been rendered within the jurisdiction wherein the investigative officer is regularly employed. The requesting party shall have no obligation to reimburse the responding party for such costs unless reimbursement is required under the Local Government Code § 362.003(c). VII. Any request for assistance under this Agreement shall include a statement of the amount and type of equipment and number of personnel requested and shall specify the location to which the equipment and personnel requested are to be dispatched, but the amount and type of equipment and number of personnel to be furnished shall be determined by the responding party's department head or department head's designee. VIII. The department head of the responding party, or department head's designee, in his or her sole discretion, may at any time withdraw his or her personnel or equipment or discontinue participation in any activity initiated pursuant to this Agreement. Collin County Fire and Arson Task Force Interlocal Agreement Page 2 606232.2 IX. A party to this Agreement may unilaterally terminate its participation in this Agreement only after providing not less than ninety (90) days' written notice of termination to the other parties. This Agreement may be terminated at any time by the written mutual agreement of the Parties. X. In the event that any person performing services pursuant to this Agreement shall be cited as a party to a state or federal civil lawsuit arising out of the performance of those services, that person shall be entitled to the same benefits that he or she would be entitled to receive if such civil action had arisen out of the performance of his or her duties as a member of the department where he or she is regularly employed and in the jurisdiction of the party by which that person is regularly employed. XI. Each party to this Agreement expressly waives all claims against every other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. XII. It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Third party claims against members shall be governed by the Texas Tort Claims Act or other appropriate state statutes, municipal ordinances or laws of the State of Texas or any political subdivision thereof. XIII. This Agreement and any of its terms and provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. XIV. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XV. This Agreement may be amended or modified only by the mutual agreement of the Parties hereto in writing to be attached to and incorporated into this Agreement. Collin County Fire and Arson Task Force Interlocal Agreement Page 3 606232.2 XVI. This Agreement may be signed in multiple counterparts and shall be binding on the Parties when duly authorized by the governing bodies of such Parties and such Parties' duly authorized representatives and delivered to the Collin County Fire and Arson Task Force Coordinator. XVII. This Agreement contains all commitments and agreements of the Parties, and oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this Agreement. XVIII. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have all necessary authority to execute this Agreement on behalf of the parties, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. XIX. Miscellaneous Provisions a. Notice. Any notice required to be sent under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice,the addresses of the parties shall be as follows: If to County, to: Collin County Attn: If to Wylie,to: City of Wylie Attn: 300 Country Club Drive Wylie, Texas 75098 b. Assignment. This Agreement is not assignable without the prior written consent of the other party. e. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. Collin County Fire and Arson Task Force Interlocal Agreement Page 4 606232.2 d. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. e. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration,the sufficiency of which is forever confessed. f. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. g. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. h. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. i. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. j. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. k. Pursuit of a Governmental Function. Both the County and the City have determined by their execution of this Agreement that this Agreement and the obligations of the parties contained herein are in discharge of a governmental function as set forth in the Interlocal Cooperation, Chapter 791, Texas Government Code, and the participation by either party in the terms of this Agreement shall not make such party an agent or representative of the other party. 1. Sovereign Immunity. The parties agree that neither the County nor the City has waived its sovereign immunity by entering into and performing its respective obligations under this Agreement. Collin County Fire and Arson Task Force Interlocal Agreement Page 5 606232.2 m. Binding Agreement. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. No third party shall have any rights herein. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective upon execution and dating by all of the Parties. CITY OF WYLIE Mindy Manson, City Manager ATTEST: APPROVED AS TO FORM: Carole Ehrlich, City Secretary Abernathy, R der, Boyd &Joplin, PC Courtney A. Kuykendall, City Attorneys COUNTY OF COLLIN, TEXAS Keith Self, County Judge Date: APPROVED AS TO FORM: Belvin Harris, City Attorney APPROVED AS TO CONTENT: Michael Smith, County Fire Marshal Date: Collin County Fire and Arson Task Force Interlocal Agreement Page 6 606232.2 Wylie City Council CITY AGENDA REPORT Meeting Date: May 22, 2012 Item Number: F. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: May 9, 2012 Budgeted Amount: $ Exhibits: Three Subject Consider, and act upon, Ordinance No. 2012-17, amending the zoning from Agricultural District (AG/30) to Single-Family (SF-20/26) District on 2.88 acres (Blakey Addition, No. 2), generally south of Alanis Drive and approximately 393 feet west of Ballard Avenue. ZC 2012-06 Recommendation Motion to approve Ordinance No. 2012-17, amending the zoning from Agricultural District(AG/30)to Single- Family (SF-20/26) District on 2.88 acres (Blakey Addition, No. 2), generally south of Alanis Drive and approximately 393 feet west of Ballard Avenue. ZC 2012-06 Discussion Owner: James Clay Blakey Applicant: James Clay Blakey Zoning Case 2012-06 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. With the adoption of this Ordinance, the subject lot, located south of Alanis Drive and approximately 393 feet west of Ballard Avenue and being more particularly describe in Exhibit"A" is hereby reclassified as SF 20/26. The Zoning Exhibit (Exhibit "B") which also serves as a Preliminary Plat will establish 3 single-family residential lots. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Approved By Initial Date Department Director RO 05/09/12 City Manager MM 5-18-12 Page 1 of 1 ORDINANCE NO. 2012-17 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2012-06, FROM AGRICULTURAL-30 (AG-30) TO SINGLE FAMILY-20/26 DETACHED DISTRICT (SF-20/26) TO ALLOW THREE SINGLE FAMILY RESIDENTIAL LOTS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Single Family-20/26 Detached District (SF-20/26), said property being described in Exhibit "A" (Legal Description), and Exhibit "B" (Zoning Exhibit/Preliminary Plat), attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance No. 2012-17 ZC2012-06 Blakey SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 22 day of May, 2012. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION:May 30,2012,in the Wylie News Ordinance No. 2012-17 ZC2012-06 Blakey ~'~ ���'K-�� "All YY o ��gm o�scnm�^nox:mnu� ' ' ' EXHIBIT ��� Being o2.88 acre tract of land situated|n the Henry L. Douglas 100 acre Survey,Abstract No. 282, Collin County, Texas, being a portion of that certain tract of land described in deed to Tim Tye and wife, Karen Tye, as recorded in Volume 1230, Page 749, Deed Records of Collin County,and being more particularly described by metes and bounds amfollows: BEGINNING atm found 1/2-inoh iron rod*d the southeast corner ofsaid Tye tract, being the southwest corner uf Lot 1, Block A, ofBlakey Addition No. 1. os recorded|n Instrument No. 2DO8U4Z7O10001660. Map Records of Collin County, said iron rod being on the north line of that certain tract of land described in deed to Bennie Blakey and James Blakey, as recorded in Instrument No. 94-0024429,said Deed Records; THENCE North 88^ 34'0O''West, m distance of 358.79 feet along the common line of said Tye and Blakey tracts to a set'Y'in concrete at the common south corner of said Tye tract and that certain tract of land described|n deed bn Silvia Raoen6iz. am recorded|n Instrument No. 2OOG1212Q017471MU. said Deed Reppr6m' ' THENCE North 01° 0O'0C"East, m distance nf344.8S feet along the common line nfsaid Tye mndRaoendiz tracts tna set 1/2-|nuh iron rod mt the northeast corner uf said Remond|z tract,said iron rod being mn the south line ofAJarimStreet; THENCE South 89" 5O' 00^ East(basis of bearing from aforesaiddoed133O/74S. adisten000f358.83feat along said south line to a set 112-inch iron rod at the northwest corner of aforesaid Lot 1, said iron rod being un the east line of said Tye tract; THENCE South 01"D0' 00'West, n distance of 3S3.62 feet along the common line of said Tye tract and said Lot 1tn the POINT C)F BEGINNING and containing 12S.299 square feet orZ.O8 acres ofland. FORM r'1n:Texas Residential c*n*ro Policy o/Title Insurance roTvou*w.mw on°-t*rou,Family Residences(Schedule*) ! ' ' / / � OWNER: Cloy Blakey STATE OF TEXAS DESCRIPTION P.O. Box 434 COUNTY Or COLLIN Wylie, TX 75098 Mat .Collin oul of Me nd wL.547,Pc.<3 I Survey.Texas.✓and n Tye g reined described as follows corded in Volume 1230,Page°749 of,he Lond Records of Coll/n Co y, e / e o/We loon oleo,rod found copped"Precise"ol In.folofseffloo or lee south nof.of SURVEYOR: Monis Drive(60'� Alums Drive lea'e.o.w.) clam c of Blakey mos,from omc as recorded inch teelVolumero aun at the zos me plot Record: of POINT OF Block A°of said Blakey Addition bearsSouth 89edegrees158dminu es corner of Let 213.582feel BOUI,daFy 5 BEGINNING for witness. Solutions alZ.. T 125.L +24.65 oa.3O a s � I44.9. 2.51,Tc ,Ts,<d �\ ,o o +/2 inch THENCE South 01 degrees 00 minutes DO seconds West B'tee/rod earing 5ro��nd at,he Southwest hwes,corner P.O.353.62 feel along On. fox 250 uJ�sir m 19� of faro Lot / of Blakey Addition Na. 1, 2- Mill , TX 72 97782-8082 1 I THENCE North as degrees,minutes za seconds West.35,74 feet to a recorded In Volume 8. g 427 of me Land Records of Collin County, Texas,ndiz and Nonelle S.Rwanda as 33] d c In c r b o2 of l copped'Precise'al lhe Southwest corner of said 3.0 acres.and al lhe Southeast corner of Mot coiled 1.934 of lond described in a deed to P. LOT 1 LOT z VOL.2390,Pc ss 3.0 acres:onoo at the inle.seahan of Ine South line ar said Alums or,�e with the west line of said March zpared: 2 n M THENCE ALICE L.BLAKEY lo.,, Isouoa89 sdegrees 58 m s 03 seconds Eas11 JAMES L.BLAKEY I THENCE North 00 doef.00 59 freooloo sa....one.Easl.e358.79 a(ee1° e south line tot said o CALLED 1.934 ACRES "� "�n n n A/ones Drive io the POINT OF BEGINNING.containing g .876 acres of long. n LOT 1 LOT 2 LOT 3 VOL.3375.PO 42 1.000 ACRES - m 1.000 ACRES e 0.8]6 ACRES•,e 0 0 VOL.2006 PG.250 _— o 292 HENRY A RV 6 NOWTHEREFORE KNOW ALL MEN BY THESE PRESENTS That,Clay Blakey. oes hereby adopt this prat designatingE' Final Plot of Blake Addihon No.2.Lots 1-3.Block fAdddio Ihe City of propeNy an d r-? on W OQ as right-of-ways shown bundhereon. g�fe�The easements shrubs shown hereby yts reserved owthsashall bed e, , r ----- 125.75' 1 108.36 N hereonconstructed or placed upon.over.or across Ihe utility eosements being hereby reserved for the n9 easements se ord shall hove the full right,o d 0. OQw N88'3C'28'2W 63358.7d — improvements or growth which may in ony way —1 mointenonce.or efficiency of its respective system n the easblic utilities sholl of ementall l construction, r netructlt of on 5inspecofrnci.egresss ond ing from m Inhaling.al nduadding utility f E 1 or removing oll or port of the MY HANG Ai I YLIE its TEXgSaol„ve systems withoutthe necessity0V2 y lime o procuring 0 L a�, ,s day a O - SER N,LAS= (n Q wner PS"°04N10024430 D y clay Bmke '1 DESCRIBED IN STATE OE TEXAS G o CALLED 7.32 ACRES J COUNTY OF COLLIN In EKNIE BLAKEY Q BAAMga BLAKEY e.the -BD2442B to maq I;appeared estrument ond known acknowledgedat he executedperson the some far,hesub purpose e .o e, andhpconslderaflonsn therein leap essed. CO 2 Q GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,2012. 1 1 1 1\ 1 Notary Public and for f�re —— My Commission Exp es On: in County. eras ZONING EXHIBIT"B" rn BLAKEY ADDITION 2 CV Recommended far Approval DICE. Q r-::,'M wo AL. Selling a portion of this addiflon b'metes and bounds r SURVEYORS CERTIFICATE N W violation of City and aw d is c y at y .,exae 2a 9 amm,ee,a" Date Hole:Additi Bearings No. baseol.goo6. n250o,Blakey). finesFLOO ond withholdings of utilities and building g permits. t° KNOW ALL MEN BY THESE PRESENTS. O'-j w Z LU "Approved far Construction" I/S n our Matthew f Busby landno dby he that h°von meets shown°thelal reon were actual ro properly Z 0 D J H Note:All Inch frffl rods set have red Mayor.City of Wylie.texas plastic co stamped"Boundary Solutions" sub/eat tract located wlih'n Zone "X'os scaled from FI.R.M d y p p lsl I Iron with thePlatting Rules and Regulations of the City O O }} Date Panel 48085c0535J doled June 2.2009 r m F cn A p d Zone X {o Areas determined be outside the O 2/.annual chance lloodplaln * Q CO Q Li- MatMara c+v m„Ile.Texan Dare NIGH) MAP s,we re�.re mew Busby R.P.L.S.s7s pQ The undersigned,the City se°rerory of the City of Wylie,Texas,hereby certifies t 1 to sc STATE OF TEXAS F 0 Z No Ole) rqH� to Me Cily f y COUNTY of coulN Y O U BEFORE me.the undersigned authority,a Notary Public in and the Q J J 0 { f herein the y o dedicalion of s,eals,alloy.parks,easement.public pieces,and wafer and sewer lines as nir subssoy cribed toy the peared Motthew l ns/umuenly and acknowledged fa me°n to me to be the Mot on whose he exec✓led ne is ihe same for Q] } (� Witnessnote f y handnce this hereo day of by g iz home osAD above subscribed. GIVENr UNOERaMY HANOd ANO osEALh OF OFFICE fhes day of 2012. Z LU G y of y .Texas SLeH SCALE: I"=60' 0' 60' 120 180' 240' Notary Public in and for Collin county. Texas My Coo, /oo/on Expires On: Pi.1['I'1{) I.[i I -13 Wylie City Council AGENDA REPORT CITY OF WYLIE Meeting Date: May 22, 2012 Item Number: G. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: May 16, 2012 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Final Plat for Blakey Addition, No. 2, establishing 3 single family residential lots on 2.88 acres, generally located south of Alanis Lane and approximately 393 feet west of Ballard Avenue. Recommendation Motion to approve a Final Plat for Blakey Addition, No. 2, establishing 3 single family residential lots on 2.88 acres, generally located south of Alanis Lane and approximately 393 feet west of Ballard Avenue. Discussion Owner: James Clay Blakey Applicant: James Clay Blakey The property was recently approved for rezoning from AG-30 District to Single-Family 20/26 District to allow for the creation of three single-family residential lots, each greater than 20,000 square feet in size. The Plat establishes boundaries and setbacks for 3 lots. Access for all lots will be from Alanis Drive. The Final Plat complies with all applicable technical requirements of the City of Wylie. Recommended for approval subject to Engineering comments. Planning Commission voted 6-0 to recommend approval of the Final Plat. Approved By Initial Date Department Director RO 05/16/12 City Manager MM 5-18-12 Page 1 of 1 OWNER: DESCRIPTION STATE OF TEXAS COUNTY OF COLLIN Clay Blakey DouglasBEING P.O. Box 434 Survey,sA Goct or and being that o Wylie.Ce recorded part of that called in Volume 1230.Page acres 749 oil lhend described Records of deed to Wylie, TX 75098 and wL.54],PG.43 Texas,and being further described as follows. Land Records Collin o1 BEGINNI G at a /2 Inch teel rod found "Precise"al.e tion of/he South Block Drive AN of Blakey Addition sN with tn.Eost line�f recorded In Volume sold 3.0 cores,s 2006, Page Northwestnd of the 250 co Plat Rec{dsinof SURVEYOR: _z couir,County, Texas.from which a 1/2 inch steel rod found al Ihr Northeast corner or Lk z, Block A of id Blakey Addition bears South 89 degrees 58 minutes 03 seconds East, 213.58 feet Ala^/s Drive(60'R.O.W.) POINT OF for witness. WestTHENCE South 01 degrees 00 mlnu/es 60 seconds „Bearing eosin),3 Boundary wins'' s Tzze 8 39 BEGINNING of said Lot t of Blakey Addition n No. o {o a 1/2 inc steel rod found at the Southwest corner SOiUtio rls 1 zs.n —— 124.65 08.37 ,.; s�——�—Ion e ins ,/x<s —\ degreesBlakey v P.O. Box 250 roes, T ko•euxmr:c uxc THENCE North e Southwest earn of ands ss d West.D and a1 a /2 inch eat corner ael d found r Caddo Mills. TX E e ties ern Guth 972-782-8082 raced e1.934 Vacres olume of landdescribed In a deed tlto3Jose P.Resent,and yNanette s S.Resend/z tan recorded n 3 g 927 of the Lan Record f Collin C Texas: JAMES L.BLAKEY 3.0 oc es, a{the inlerseohon ai the South Ime of sold Alonis Orive,.,'1'ht IM1e West ti ne of said y BND.SOL Job# 1202-011 Dale Prepared:he SouIM1 Ina of so LOi 1 LDT 2 VOL.2390,PG 66 4lanis Drive{a the POINT OF BEGINNING.containing .876 cores of land. Minor Aesthetic Changes n M M M i THEN South 89 degrees 58 minutes 03 seconds Ea,. o LOT 1 LOT 2 LOT 3 NOW,THEREFORE KNOW ALL MEN BY THESE PRESENTS: tiT VOL,3378.PG.427 1.000 ACRES - m 1.000 ACRES n 0.876 ACRES, 0A I d ro e & VOL.2 c.zsG — _ keyaA - d property c o o ADDITION _ right-of-ways es _ ty.Texas.and does hereby dedicate in ee simple.lo ver easements z b as buildings, fences,trees,s or of growths al a, HENRYThat,Ciay SURVEY '"z 'nz 0'^ Indicated. Wed„ easements other nPedpright-of-ways -osf or h:nownP be 9i ei cress roe A z92 remove and keutility ep being herebyall a parts of any building, fences,I�9als,hshrubs,oar other ove the full right a o I improvements or m growth hich of nsmay way a yeenda endanger oWlintlity re with and co public urL'aes ro a I maintenance.or d� the permission of anyone. its resPecfiveclsystemspwlih of the necessity of sa any o procuring dU . shall o rig s to or a liccd easeme rats otrolting n� a or rem n 1 r n i si anyone. w J J��c�Y' 12fi]5' WITNESS MY HAND AT WYLIE,TEXAS, U IM1is day of 0f2 O5 w 124.83' 108.36' E N 83'3,23"W 358]d p — ——— _—1 Cioy owner 0 k3 i . STATE or TEXAS RE me,the te of Texos,on this 1- PEE NICKLAS TER COUNTYpersonally OF lly appeared undersigned Clay Blaketo the foregoing InsGumen1 and y.yknow�t,Public in and for the t me to me that the personedhosesnam far subscribed (/ ) and considerations therein N .essed. wl g e ha he the e purpose T -' o DESCRIBED IN r CALLED 3ACRES BEANIE BLAKEYBL _—I GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of -6 Q'"N C.#9;-00 429 C L'o Q Nolo,P 0 y Commission Expt for eaan{v. Texas ea M �._sR —— KNOW ALL MEN BY THESE PRESENTSSURVEYOR'S CERTIFICATE'fir` ————————————— _y14 THAT,I.Matthew Busby do hereby certiryy that I hove prepared kor plat from o actual and coca,.survey of the land ond thol e corner monuments shown thereon were properly placed under my personal vlslaccordance with the Platting Rules and Regulations of the City of Wylie. OF CV NOTICE: "Recommended for Approval" srer :,'M wo AL. Selling a portion o this addition b'metes and bounds I Matthew Busbry R L.S.5751 violat on f City and aw d is D y of y .Texas 2a 9 amm,es,a" Date Note:Addit en cgs base 2o06. line oof Blakey fines and withholdings of utilities and permits. '° O 8- W ). STATE OF TEXAS LU "Approved for construction Bearings FLOOD NOTE. building COUNTY of COLLIN Inch Heel rods set tote red Z U M J F Note:All Mayo Cfy of Wylie.Texas Dole plastic capslumped"Boundary Solutions" Subject'coot des edn June 2 2009 toted from F.I.R.M. Ih's O 0 }} 4 p d vocal q Fact Iota une doy personally appeared Molthew Bushy.known to me lo be the person whose nome is subscribed a the foregoing Instrument Oldrecknow g to me that ke executed the some Tor D_ H m, z Abed to i acknowledged Zone " -Areas determined{a be outside the 0.2%anneal o chance Xllppdplaln. J o m—10 Mara City of WYIe Texas Dare VICINITY MAP GIVEN UNDER MY HAND AND SEAL or OFFICE this day of ,2012. Q r 00 (Not to Scale) z ¢ D 0 The undersigned.the City Seerelory of the City a L_ LU H z to the City f `a`""°"� Notes y Pam,o,n and mr Collin courtly.Texas Q 0 dedication of sHeets.alley.parks.easement.public pieces.and wafer and sewer lines os nir note acceptance yhandm1e by signing doyarme oe hn .ce,ar,bed. jo FINALPLAT G y of Wylie.Texas , BLAKEY ADDITION NO.2 Z % SCALE: 1"=60' LOTS 1-3,BLOCK 1 g o 60' 120. 180' 290' HENRY L.DOUGLAS SURVEY,A-292 CITY OF WYLIE A Pz.-il'I'RovI 1)t 5-[5-'12 COLLIN COUNTY,TEXAS Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 22, 2012 Item Number: H. Department: WEDC (City Secretary's Use Only) Prepared By: S. Satterwhite/M. Manson Account Code: Date Prepared: May 15, 2012 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of an Impact Fee Agreement between the City of Wylie and PM Wylie MOB, LP. Recommendation Motion to approve an Impact Fee Agreement between the City of Wylie and PM Wylie MOB, LP. Discussion On December 13, 2011 the Wylie City Council unanimously approved an Impact Fee Agreement between the City of Wylie and PM Realty Group, LP. Staff is seeking approval of the attached Impact Fee Agreement which contemplates an extension by which PM must acquire the property and commence construction and a name change to the legal entity which will develop the site. The original Agreement approved by Council requires PM to acquire approximately 3.59 acres and commence construction of a minimum 51,000 square foot medical office building no later than June 1, 2012. With Tenet Healthcare not signing their lease in January 2012 as anticipated and executing the same in April 2012, the delay had rippling effects throughout the project directly related to design and lending approval. For that reason, it is recommended that PM not be required to acquire the property and commence construction until July 13, 2012. While it is anticipated by all parties that acquisition and construction will take place in June, additional time was included so that Council does not have to address any other unanticipated delays. An additional modification to the Agreement is a name change for the Developer from PM Realty Group, LP to PM Wylie MOB, LP. This requested name change is not unexpected as the original Agreement contemplated assignment of the Agreement to an "entity of an affiliate that is owned and controlled by the Company (PM Realty Group, LP) or its principals". With assistance from the WEDC, PM and Tenet are scheduling a groundbreaking ceremony on June 12, 2012 at 10:00 a.m. Council and community officials will be receiving notice of the groundbreaking within the next week via email. Approved By Initial Date Department Director SS 12-6-11 City Manager MM 5-18-12 Page 1 of 1 IMPACT FEE AGREEMENT (PM Wylie MOB Property) THIS IMPACT FEE AGREEMENT ("Agreement") is made and entered into as of this day of , 2012, by and among, the CITY OF WYLIE, TEXAS, a Texas home-rule municipality ("City"), and PM WYLIE MOB, LP, a Texas limited partnership ("Developer"), on the terms and conditions hereinafter set forth. WITNESSETH: WHEREAS, City previously approved an Impact Fee Agreement with PM Realty Group, LP, on December 13, 2012, that has not been executed by the parties; and WHEREAS, Developer has acquired PM Realty Group, LP's interest in the Property described herein, and PM Realty Group, LP has assigned its interest in this Agreement to Developer; and WHEREAS, Developer is acquiring approximately 3.59 acres of land located at the intersection of F.M. 544 and Sanden Boulevard in the City of Wylie, Collin County, Texas, as more particularly described and depicted on Exhibit A, attached hereto and incorporated herein by reference ("Property"); and WHEREAS, the Developer has requested financial and/or economic assistance from the WYLIE ECONOMIC DEVELOPMENT CORPORATION ("WEDC") to plan and construct certain infrastructure improvements to assist in the development of the Property for a 51,000 square foot medical office building to support physicians and related services affiliated with the Tenet Healthcare system (the "Facility"); and WHEREAS, the Developer is entering into a Performance Agreement with the WEDC for the construction of certain qualified infrastructure improvements as described therein; and WHEREAS, Developer is obligated to pay thoroughfare impact fees on the Property as described in Ordinance No. 2009-12, as amended("Impact Fee Ordinance"); and WHEREAS, in consideration of Developer acquiring the Property, constructing the Facility and the offsite improvements, City has agreed to grant Developer thoroughfare impact fee credits as described herein; and NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, City and Developer agree as follows: 1. Land Subject to Agreement. The land that is subject to this Agreement is the Property. Developer represents that it will be the sole owner of the Property. 2. Improvements. Developer shall acquire the Property and cause the construction of the Facility to commence on or before July 13, 2012; and IMPACT FEE AGREEMENT(City of Wylie,Texas—PM Wylie MOB Property) Page 1 of 6 599970v4 3. Thoroughfare Impact Fees. The thoroughfare impact fees due on the Property under the Impact Fee Ordinance are Two-Hundred Thirty Four Thousand, One Hundred Forty- Seven and 80/100 Dollars ($234,147.80) ("Thoroughfare Impact Fees"). This Agreement shall only apply to thoroughfare impact fees due on the Property under the Impact Fee Ordinance. Developer has requested that City provide a partial credit of the Thoroughfare Impact Fees in the amount of One Hundred Ninety Four Thousand, One Hundred Eighty-Seven and 80/100 Dollars ($194,187.80) ("Credit"). Contingent upon the requirements provided for herein, City agrees to apply the Credit toward the Thoroughfare Impact Fees due on the Property. Developer agrees to tender to City the remaining Thoroughfare Impact Fees owed on the Property when due under the Ordinance. 4. Limitation of Liability. Notwithstanding anything to the contrary herein, the parties agree and acknowledge that City shall not, under any circumstance, be required to tender, provide a credit and/or be liable to Developer for, any reimbursement of, credit and/or payment of any monies with regard to the matters set forth herein, save and except as provided in Paragraph 3 above. 5. Covenant Running with Land. This Agreement shall be a covenant running with the land and the Property and shall be binding upon Developer, its officers, directors, partners, employees, representatives, agents, successors, assignees, vendors, grantees and/or trustees. 6. Limitations of Agreement. The parties hereto acknowledge that this Agreement is limited to the matters specifically addressed herein. City ordinances covering property taxes, utility rates, permit fees, inspection fees, development fees, impact fees for water and sewer, tap fees, pro-rata fees and the like are not affected by this Agreement. Further, this Agreement does not waive or limit any of the obligations of Developer to City under any ordinance, whether now existing or in the future arising. 7. Vested Rights/Chapter 245 Waiver. The signatories hereto shall be subject to all ordinances of City, whether now existing or in the future arising. This Agreement shall confer no vested rights on the Property, or any portion thereof, unless specifically enumerated herein. In addition, nothing contained in this Agreement shall constitute a "permit" as defined in Chapter 245, Texas Local Government Code, and nothing in this Agreement provides City with fair notice of any Developer's project. DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE RELATED TO THIS AGREEMENT. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 8. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into the body of this Agreement and adopted as findings of City and the authorized representative of Developer. 9. Developer's Warranties/Representations. All warranties, representations and covenants made by Developer in this Agreement or in any certificate or other instrument IMPACT FEE AGREEMENT(City of Wylie,Texas—PM Wylie MOB Property) Page 2 of 6 599970v4 delivered by Developer to City under this Agreement shall be considered to have been relied upon by City and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by City or on City's behalf. 10. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. 11. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. 12. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 13. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. 14. Authority to Execute. This individuals executing this Agreement on behalf of the respective party below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 15. Savings/Severability. In case one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 16. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. 17. Sovereign Immunity. The parties agree that City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 18. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. IMPACT FEE AGREEMENT(City of Wylie,Texas—PM Wylie MOB Property) Page 3 of 6 599970v4 19. Assignment/Binding Effect. This Agreement may not be assigned by the Developer (except to an entity or an affiliate that is owned and controlled by the Company or its principals) without the prior written consent of City. 20. Reference to Developer. When referring to "Developer" herein, this Agreement shall refer to and be binding upon Developer, and its officers, directors, partners, employees, representatives, contractors, agents, successors, assignees, vendors, grantees and/or trustees. 21. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to become effective on the latest day as reflected by the signatures below. CITY: DEVELOPER: CITY OF WYLIE, TEXAS PM WYLIE MOB, LP By: By: Eric Hogue, Mayor Name: Title: Date: Date: IMPACT FEE AGREEMENT(City of Wylie,Texas—PM Wylie MOB Property) Page 4 of 6 599970v4 STATE OF TEXAS: § § COUNTY OF COLLIN: § BEFORE ME, the undersigned authority, on this day personally appeared Eric Hogue, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he is the duly authorized representative for the CITY OF WYLIE, TEXAS, and he executed said instrument for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2012. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS: § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared , the of PM Wylie MOB, LP, a , known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated on behalf of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2012. Notary Public in and for the State of Texas My Commission Expires: IMPACT FEE AGREEMENT(City of Wylie,Texas—PM Wylie MOB Property) Page 5 of 6 599970v4 EXHIBIT A LEGAL DESCRIPTION AND DEPICTION OF THE PROPERTY IMPACT FEE AGREEMENT(City of Wylie,Texas—PM Wylie MOB Property) Page 6 of 6 599970v4 7 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 22, 2012 Item Number: 1. Department: City Secretary (City Secretary's Use Only) Prepared By: Account Code: Date Prepared: May 10, 2012 Budgeted Amount: Exhibits: Resolution No. 2006-17(R) Subject Consider, and act upon, the appointment of a 2012 Board and Commissions City Council Interview Panel to conduct the May/June 2012 board applicant interviews. Recommendation Motion to appoint , , and to serve on the 2012 Boards and Commissions City Council Interview Panel. Discussion Each year the City Secretary's Office solicits and compiles applications from Wylie residents wishing to serve on various Wylie Boards and Commissions. These applications are received through the year until the later part of May of each calendar year. Additionally, in May/June of each year, the applications are compiled into appointment timeframes to allow the three council member panel time to interview each applicant and subsequently choose a list of applicants to recommend to the full Council to serve two year terms on the various boards. The terms are staggered so each year approximately half of the members serving on each board and commission are appointed. Pursuant to Resolution No. 2006-17(R) approved in 2006, the procedures for the interview process, allows council members, not serving on the panel, an opportunity to address questions and concerns to the panel to be asked of the applicants. The rules and procedures in Resolution 2006-17(R) comply with the Texas Open Meetings Act. The Resolution is attached for your review. Proposed interview meeting dates will be Tuesday, May 29th, Wednesday, May 30th, and Wednesday, June 66 , from 6:00 p.m. - 9:30 p.m. each night. An alternate date of May 31 t can be used in the event panel members are unable to attend one of the above dates. Immediately following the final evening's interviews, the panel will deliberate on recommendations to be submitted to the city council at the June 12, 2012 regular meeting. This timeline for approval by June 12th will allow time for each new member to be sworn in at the June 26th council meeting and begin their terms on July 1, 2012. All Council members will receive the scheduled appointment list and all applications submitted prior to the interview process. Approved By Initial Date Department Director CE 5/10/2012 City Manager MM 5-18-12 Page 1 of 1 RESOLUTION NO. 2006-17(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS ADOPTING PROCEDURES FOR THE WYLIE BOARDS AND COMMISSION INTERVIEW PROCESS AND THE APPOINTMENT OF THE 2006-07 BOARDS AND COMMISSION INTERVIEW PANEL. WHEREAS,the City of Wylie has nine boards and commissions comprised of a total of 54 members serving staggered two year terms; and WHEREAS, each year the City of Wylie receives applications from residents for consideration of appointment to City of Wylie Boards and Commissions; and WHEREAS, applicants for the board and commission members are interviewed by a Selection Panel consisting of three council members; and WHEREAS, it has been deemed that guidelines be set for the Selection Panel, the application process, the interview process, and the appointment process of the City of Wylie Boards and Commissions. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION 1: That the City Council of the City of Wylie will appoint a three (3) member Selection Panel each year comprised of three(3) Council Members. SECTION 2: That applications and scheduling of applicants to be interviewed by the Selection Panel will be completed by the City Secretary and provided to the City Council. SECTION 3: That the interview process will be held in the City of Wylie Council Chambers and notifications of the interview dates will be posted for the public to attend. SECTION 4: That City Council can provide a series of questions to the Selection Panel for the applicants to address during their interview. SECTION 5: Recommendations by the Selection Panel will be made in open session and the recommendations will be presented to Council for discussion and approval. Resolution No.2006-17(R) Boards and Commission Interview Process DULY PASSED AND APPROVED by the Wylie City Council on this 23rd day of May 2006. John ondy, ayor ATTEST: •.0%' F Iv '% i SEAL Caro e Ehrlich, ecretary . • • f , P E TEX .�`\ • Resolution No.2006-17(R) Boards and Commission Interview Process Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 22, 2012 Item Number: 2. Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: 05/14/12 Budgeted Amount: N/A Exhibits: Resolution, Contract Subject Consider, and act upon, approval of Resolution No. 2012-18(R) authorizing the City Manager to execute a contract with Kimley-Horn and Associates, Inc. for the design of the Woodbridge Parkway reconstruction from Hensley Lane to the Maxwell Creek Bridge. Recommendation Motion to approve Resolution No. 2012-18(R) authorizing the City Manager to execute a contract with Kimley- Horn and Associates, Inc. for the design of the Woodbridge Parkway reconstruction. Discussion The extension of Woodbridge Parkway from Hooper Road to State Highway 78 in Sachse will connect FM 544 to SH 78 and will promote economic benefits for both cities and improve mobility for southeast Collin County. The design of the Maxwell Creek Bridge is essentially complete and was partially funded in the 2003 Collin county Bond Program. The portion of Woodbridge Parkway from Hensley Lane to the bridge has not been designed and is necessary for the completion of the connection. An Interlocal agreement (ILA) was approved by Council on April 10, 2012 for the construction of Woodbridge Parkway. The ILA defines funding responsibilities along with the roles and responsibilities of Collin County, the City of Sachse, and the City of Wylie. Collin County has agreed to fund up to $4,084,198.77 towards the project. The Cities of Wylie and Sachse have agreed to fund $2,289,661.50 and $2,113,148.78 respectively. The ILA was approved by Collin County on their May 7th meeting and it defines funds to be released this year for engineering and right of way acquisition. The conceptual opinion of probable construction cost for the project is $3,372,643 and includes $323,874 for engineering services. The proposed engineering agreement outlines responsibilities of the City and Kimley-Horn. The proposed engineering fee for the project is $120,250. Upon execution of the agreement, staff will request a release of funds from Collin County to cover the engineering services. Approved By Initial Date Department Director CH O5/14/2012 City Manager MM 5-18-12 Page 1 of 1 RESOLUTION NO. 2012-18(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE A CONTRACT WITH KIMLEY-HORN ASSOCIATES, INC. FOR THE DESIGN OF THE WOODBRIDGE PARKWAY RECONSTRUCTION FROM HENSLEY LANE TO MAXWELL CREEK BRIDGE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, the contract between the City of Wylie and Kimley-Horn Associates, Inc. for the design of the Woodbridge Parkway Reconstruction. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 22nd day of May 2012. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2012-18(R) Kimley-Horn Design Services EXHIBIT "A" Contract Resolution No.2012-18(R) Kimley-Horn Design Services AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS (CITY) AND KIMLEY-HORN AND ASSOCIATES, INC. (CONSULTANT) FOR ENGINEERING DESIGN SERVICES AGREEMENT Made as of the day of in the year Two Thousand and Twelve: BETWEEN the City: The City of Wylie, Texas 300 Country Club Wylie, Texas 75098 Telephone: (972) 516-6400 and the Consultant: Kimley-Horn and Associates, Inc. 12700 Park Central Drive Suite 1800 Dallas, TX 75251-1516 Telephone: (972) 770-1300 Facsimile: (972) 239-3820 for the following Project: Woodbridge Parkway Reconstruction (Hensley Lane to Maxwell Creek Bridge) The City and the Consultant agree as set forth below. THIS AGREEMENT is made and entered by and between the City of Wylie, Texas, a Home-Rule Municipal Corporation, hereinafter referred to as "City," and Kimley-Horn and Associates, Inc., hereinafter referred to as "Consultant," to be effective from and after the date as provided herein, hereinafter referred to as "Agreement." WHEREAS, the City desires to engage the services of the Consultant to design and/or prepare construction documents for a the reconstruction of Woodbridge Parkway from Hensley Lane to the Maxwell Creek Bridge within the City of Wylie, Texas, hereinafter referred to as "Project;" and City of Wylie—Consultant Services Agreement Page 1 459432.v2 WHEREAS, the Consultant desires to render such professional engineering services for the City upon the terms and conditions provided herein. NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That for and in consideration of the covenants contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: ARTICLE 7 CONSULTANT'S SERVICES 1.1 Employment of the Consultant — The City hereby agrees to retain the Consultant to perform professional engineering services in connection with the Project. Consultant agrees to perform such services in accordance with the terms and conditions of this Agreement. 1.2 Scope of Services — The parties agree that Consultant shall perform such services as are set forth and described in Exhibit "A," which is attached hereto and incorporated herein by reference for all purposes. The parties understand and agree that deviations or modifications to the scope of services described in Exhibit "A," in the form of written change orders, may be authorized from time to time by the City. 1.2.1 Requirement of Written Change Order — "Extra" work, or "claims" invoiced as "extra" work, or "claims" which have not been issued as a duly executed, written change order by the Wylie City Manager, will not be authorized for payment and/or shall not become part of the subcontracts. A duly executed written change order shall be preceded by the Wylie City Council's authorization for the Wylie City Manager to execute said change order. 1.2.2 DO NOT PERFORM ANY EXTRA WORK AND/OR ADDITIONAL SERVICES WITHOUT A DULY EXECUTED WRITTEN CHANGE ORDER ISSUED BY THE WYLIE CITY MANAGER. Project Managers, Superintendents, and/or Inspectors of the City are not authorized to issue verbal or written change orders. 1.3 Schedule of Work — The Consultant agrees to commence work immediately upon the execution of this Agreement, and to proceed diligently with said work to completion as described in the Compensation Schedule / Project Billing I Project Budget attached hereto as Exhibit "B" and incorporated herein by reference for all purposes, but in no event shall the Project be completed any later than August 31, 2012. City of Wylie—Consultant Services Agreement Page 2 459432.v2 ARTICLE 2 THE CITY'S RESPONSIBILITIES City shall do the following in a timely manner so as not to delay the services of Consultant: 2.1 Project Data — The City shall furnish required information that is currently has in its possession, as expeditiously as necessary for the orderly progress of the work, and the Consultant shall be entitled to rely upon the accuracy and completeness thereof. 2.2 City Project Manager — The City shall designate, when necessary, a representative authorized to act on the City's behalf with respect to the Project (the "Project Manager"). The City or such authorized representative shall examine the documents submitted by the Consultant and shall render any required decisions pertaining thereto as soon as practicable so as to avoid unreasonable delay in the progress of the Consultant's services. . The Project Manager is not authorized to issue verbal or written change orders for "extra" work or "claims" invoiced as "extra"work. ARTICLE 3 CONSULTANT'S COMPENSATION 3.1 Compensation for Consultant's Services —As described in "Article 1, Consultant's Services," compensation for this Project shall be on a Lump Sum Basis not to exceed One Hundred Twenty-Five Thousand and Sixty and 00/100 Dollars ($125,060.00), ("Consultant's Fee") and shall be paid in accordance with Article 3 and the Compensation Schedule 1 Project Billing I Project Budget as set forth in Exhibit "B." The final five percent (5%) of the Consultant's Fee, or Six Thousand Two Hundred Fifty Three and 00/100 Dollars ($6,253.00), shall not be paid until the Consultant has completed all of the services described in Exhibit "A" and delivered to the City all of the documents, plans, data, maps, and/or other information required in Exhibit "A." 3.1.1 Completion of Record Documents — City and Consultant agree that the completion of the Record Documents and/or "As-Built" Documents, including hard copy formatting and electronic formatting, shall be completed, submitted to, and accepted by the City prior to payment of the final five percent (5%) of the Consultant's Fee, or Six Thousand Ninety Two and 50/100 Dollars ($6,012.50). The electronic formatting shall be consistent with the standards established in Exhibit "D," City of Wylie Guidelines for Computer Aided Design and Drafting ("CADD"). City of Wylie—Consultant Services Agreement Page 3 459432.v2 Completion of the Record Documents and/or "As-Built" documents shall be included in the Consultant's Fee and considered to be within the Scope of Services defined under this Agreement. 3.1.2 Disputes between City and Construction Contractor — if the Project involves the Consultant performing Construction Administration Services relating to an agreement between a Construction Contractor (the "Contractor") and the City, and upon receipt of a written request by City, Consultant shall research previous and existing conditions of the Project, and make a determination whether or not to certify that sufficient cause exists for the City to declare the Contractor in default of the terms and conditions of the agreement. Consultant shall submit his findings in writing to the City, or submit a written request for a specific extension of time (including the basis for such extension), within fifteen (15) calendar days of receipt of the written request from the City. City and Consultant agree that if requested by the City, completion of this task shall be included in the Consultant's Fee and considered to be within the Scope of Services as defined under this Agreement. 3.1.3 Consultation and Approval by Governmental Authorities and Franchised Utilities — Consultant shall be responsible for identifying and analyzing the requirements of governmental agencies and all franchise utilities involved with the Project, and to participate in consultation with said agencies in order to obtain all necessary approvals and/or permissions. The Consultant shall be responsible for preparation and timely submittal of documents required for review, approval, and/or recording by such agencies. The Consultant shall be responsible for making such changes in the Construction Documents as may be required by existing written standards promulgated by such agencies at no additional charge to City. 3.1.4 Substantial Compliance with Architectural Barriers Act — Should the Project fall within the regulatory requirements of the Texas Architectural Barriers Act (the "Barriers Act"), as solely determined by the City, Consultant shall comply with the Barriers Act. As part of the Scope of Services defined in this Agreement, it is the sole responsibility of the Consultant to identify and analyze the requirements of the Barriers Act and to become familiar with the governmental authorities having jurisdiction to approve the design of the Project. Consultant shall participate in consultations with said authorities in order to obtain approval for the Project. As part of the services provided under the City of Wylie—Consultant Services Agreement Page 4 459432.v2 Consultant's Fee, the Consultant shall obtain the Notice of Substantial Compliance for the Project from the Texas Department of Licensing and Regulation (the "TDLR"). The Consultant shall, without additional compensation, immediately correct any errors, omissions, or deficiencies in the design services and/or construction documents identified by TDLR and/or a Registered Accessibility Specialist ("RAS") at any phase of the Project, either by review of the construction documents, or inspection of the Project at the commencement of construction, during the construction of the Project, or at the completion of construction. 3.1.4.1 Submission of Construction Documents to TDLR — The Consultant shall mail, ship, or hand-deliver the construction documents to TDLR not later than five (5) calendar days after the Consultant issues the construction documents for the Project. 3.1.4.2 Completion of Registration Form to TDLR — Consultant shall complete an Elimination of Barriers Project Registration Form (The "Form") for each subject building or facility within the Scope of the Project, and submit the registration form(s) along with the applicable fees not later than fourteen (14) calendar days after the Consultant completes the submittal of the construction documents to TDLR. 3.1.4.3 TDLR Approval of Construction Documents — After review of the construction documents by TDLR, the Consultant shall be notified in writing of the results; however, it is the Consultant's responsibility to obtain TDLR's written comments. The Consultant shall address all comments that prevent TDLR approval of the construction documents, including comments relating to Conditional Approval that must be addressed in the design and construction of the Project. Consultant shall resubmit construction documents to TDLR for prior review to the completion of construction of the Project. 3.1.4.4 TDLR Project Inspection — Consultant shall request an inspection from TDLR or a TDLR locally approved RAS no later than thirty (30) calendar days after the completion of construction of the Project. The Consultant shall advise the City in writing of the results of each Project inspection. City reserves the right to City of Wylie—Consultant Services Agreement Page 5 459432.v2 verify the written results with TDLR at any time during design, construction, or at the completion of the Project. 3.1.4.5 Corrective Modifications following TDLR Proiect Inspection - When corrective modifications to achieve substantial compliance are required, the TDLR inspector or the RAS shall provide the Consultant a list of deficiencies and a deadline for completing the modifications. Consultant shall provide the City with this list within five (5) calendar days of receipt. It is the sole responsibility of the Consultant to completely address the deficiencies by the stated deadline or to obtain a written notice of extension from the TDLR. When the corrective measures have been completed, Consultant shall provide the TDLR (and/or the RAS who completed the inspection) and the City with written verification of the corrective measures completed. 3.1.4.6 TDLR Notice of Substantial Compliance — TDLR shall provide a Notice of Substantial Compliance to the City after the newly constructed Project has had a satisfactory inspection, or Consultant has submitted verification of corrective modifications. City and Consultant agree that the final five percent (5%) of Consultant's Fee, or Six Thousand Ninety Two and 50/100 Dollars ($6,012.50) shall not be paid until the City is in receipt of the TDLR's Notice of Substantial Compliance for all Project components and/or phases of the Project. 3.2 Direct Expenses — Direct Expenses are included in the Consultant's Fee as described in Article 3.1 and include actual reasonable and necessary expenditures made by the Consultant and the Consultant's employees and subcontractors in the interest of the Project. All submitted Direct Expenses are to be within the amounts as stated in the Compensation Schedule / Project Billing / Project Budget set forth in Exhibit "B," and consistent with Exhibit "E," City of Wylie Guidelines for Direct Expenses, General and Administrative Markup, and Travel and Subsistence Expenses. The Consultant shall be solely responsible for the auditing of all Direct Expenses, including the subcontractors, prior to submitting to the City for reimbursement, and shall be responsible for the accuracy thereof. Any over-payment by the City for errors in submittals for reimbursement may be deducted from the Consultant's subsequent payment for services; provided, however this shall not be the City's sole and exclusive remedy for said overpayment. City of Wylie—Consultant Services Agreement Page 6 459432.v2 1 3.3 Additional Services — The Consultant shall provide the services as described in the Scope of Services as set forth in Exhibit "A" of this Agreement. If authorized in writing by the City, the Consultant shall provide additional services, to be compensated on an hourly basis in accordance with this paragraph ("Additional Services"). These services may include, but are not limited to: 3.3.1 Additional meetings, hearings, work-sessions, or other similar presentations which are not provided for or contemplated in the Scope of Services described in Exhibit "A." 3.3.2 Additional drafts and revisions to the Project which are not provided for or contemplated in the Scope of Services as described in Exhibit "A." 3.3.3 Additional copies of final reports and construction plans which are not provided for or contemplated in the Scope of Services as described in Exhibit "A." 3.3.4 Photography, professional massing models which are not provided for or contemplated in the Scope of Services as described in Exhibit "A." 3.3.5 Compensation for Additional Services authorized by the City shall be in addition to the Consultant's Fee and shall be based on direct billable labor rates and expenses. 3.3.6 Compensation for Additional Services authorized by the City shall be in addition to the Consultant's Fee and shall be based on an hourly basis according to the following personnel rates. The rates set forth in this chart are subject to reasonable change provided prior written notice of said change is given to City. Hourly Billable Rates by Position Position Hourly Rate Support Staff/Technician $ 60-$105 Analyst $ 125-$150 Designer $ 100-$155 CAD Technician $ 130-$145 Engineer/Professional $ 145-$190 Senior Engineer II $ 190-$230 Senior Engineer I $ 220-250 City of Wylie—Consultant Services Agreement Page 7 459432.v2 3.4 Invoices — No payment to Consultant shall be made until Consultant tenders an invoice to the City. Invoices are to be mailed to City immediately upon completion of each individual task listed in Exhibit "B." On all submitted invoices, Consultant shall include appropriate background materials to support the submitted charges on said invoice. Such background material shall include, but is not limited to, employee timesheets, invoices for work obtained from other parties, and receipts and/or log information relating to Direct Expenses. All invoices for payment shall provide a summary methodology for administrative markup and/or overhead charges. 3.5 Timing of Payment — City shall make payment to Consultant for said invoices within thirty (30) days following receipt and acceptance thereof. The parties agree that payment by City to Consultant is considered to be complete upon mailing of payment by City. Furthermore, the parties agree that the payment is considered to be mailed on the date that the payment is postmarked. 3.6 Disputed Payment Procedures — In the event of a disputed or contested billing by City, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. City shall notify Consultant of a disputed invoice, or portion of an invoice, in writing by the twenty-first (21 st) calendar day after the date the City receives the invoice. City shall provide Consultant an opportunity to cure the basis of the dispute. if a dispute is resolved in favor of the Consultant, City shall proceed to process said invoice, or the disputed portion of the invoice, within the provisions of Article 3.5. If a dispute is resolved in favor of the City, Consultant shall submit to City a corrected invoice, reflecting any and allpayment(s) of the undisputed amounts, documentingthe p credited amounts, and identifying outstandingamounts on said invoice fY g to aid City in processing payment for the remaining balance. Such revised invoice shall have a new invoice number, clearly referencing the previous submitted invoice. City agrees to exercise reasonableness in contesting any billing or portion thereof that has background materials supporting the submitted charges. 3.7 Failure to Pay — Failure of the City to pay an invoice, for a reason other than upon written notification as stated in the provisions of Article 3.6 to the Consultant within sixty (60) days from the date of the invoice shall grant the Consultant the right, in addition to any and all other rights provided, to, upon written notice to the City, suspend performance under this Agreement, and such act or acts shall not be deemed a breach of this Agreement. However, Consultant shall not suspend performance under this Agreement prior to the tenth (10th) calendar day after written notice of suspension was provided to City, in accordance with Chapter 2251, Subchapter "D" ("Remedy for Nonpayment") of the City of Wylie—Consultant Services Agreement Page 8 459432.v2 Texas Government Code. The City shall not be required to pay any invoice submitted by the Consultant if the Consultant breached any provision(s) herein. 3.8 Adjusted Compensation — If the Scope of the Project or if the Consultant's services are materially changed due to no error on behalf of Consultant in the performance of services under this Agreement, the amounts of the Consultant's compensation shall be equitably adjusted as approved by City. Any additional amounts paid to the Consultant as a result of any material change to the Scope of the Project shall be authorized by written change order duly executed by both parties before the services are performed. 3.9 Project Suspension — If the Project is suspended or abandoned in whole or in part for more than three (3) months, Consultant shall be entitled to compensation for any and all work completed to the satisfaction of City in accordance with the provisions of this Agreement prior to suspension or abandonment. In the event of such suspension or abandonment, Consultant shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs, and/or any other items prepared by Consultant in connection with this Agreement prior to Consultant receiving final payment. If the Project is resumed after being suspended for more than three (3) months, the Consultant's compensation shall be equitably adjusted as approved by the City. Any additional amounts paid to the Consultant after the Project is resumed shall be agreed upon in writing by both parties before the services are performed. ARTICLE 4 OWNERSHIP OF DOCUMENTS 4.1 Documents Property of the City — The Project is the property of the City, and Consultant may not use the documents, plans, data, studies, surveys, drawings, maps, models, reports, photographs, and/or any materials for any other purpose not relating to the Project without City's prior written consent. City shall be furnished with such reproductions of the Project, plans, data, documents, maps, and any other information as defined in Exhibit "A." Upon completion of the work, or any earlier termination of this Agreement under Article 3 and/or Article 7, Consultant will revise plans, data, documents, maps, and any other information as defined in Exhibit "A" to reflect changes while working on the Project and promptly furnish the same to the City in an acceptable electronic format. All such reproductions shall be the property of the City who may use them without the Consultant's permission for any purpose relating to the Project, including, but not limited to, completion City of Wylie—Consultant Services Agreement Page 9 459432.v2 of the Project, and/or additions, alterations, modifications, and/or revisions to the Project. Any reuse of the documents not relating to the Project shall be at the City's own risk. 4.2 Documents Subject to Laws Regarding Public Disclosure — Consultant acknowledges that City is a governmental entity and that all documents, plans, data, studies, surveys, drawings, maps, models, reports, photographs, and/or any items prepared or furnished by Consultant (and Consultant's professional associates and/or Sub- consultants) under this Agreement are instruments of service in respect of the Project and property of the City and upon completion of the Project shall thereafter be subject to the Texas Public Information Act (Texas Government Code, Chapter 552) and any other applicable laws requiring public disclosure of the information contained in said documents. ARTICLE 5 CONSULTANT'S INSURANCE REQUIREMENTS 5.1 Required General Liability Insurance — Consistent with the terms and provisions of Exhibit "F," City of Wylie Contractor Insurance Requirements, Consultant shall maintain, at no expense to City, a professional liability (errors and omissions) insurance policy with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s), authorized to transact business in the State of Texas, in an amount not less than One Million and 00/100 Dollars ($1,000,000.00) for each occurrence, and Two.Million and 00/100 Dollars ($2,000,000.00) in the aggregate. Such policy shall name the City, its officers, agents, representatives, and employees as additional insured as to all applicable coverage. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent that same is covered by the proceeds of the insurance. Such policy shall require the provision of written notice to City at least thirty (30) days prior to cancellation, non-renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. Consultant shall furnish City with certificates evidencing such coverage prior to commencing work on the Project. 5.2 Required Professional Liability Insurance — •Consistent with the terms and provisions of Exhibit "F," City of Wylie Contractor Insurance Guidelines, Consultant shall maintain, at no expense to City, a professional liability (errors and omissions) insurance policy with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s), authorized to transact business in the State of Texas, in an amount not less than One City of Wylie—Consultant Services Agreement Page 10 459432.v2 Million and 00/100 Dollars ($1,000,000.00) for each claim, and Two Million and 00/100 Dollars ($2,000,000.00) in the aggregate. Such policy shall require the provision of written notice to City at least thirty (30) days prior to cancellation, non-renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. Consultant shall furnish City with certificates evidencing such coverage prior to commencing work on the Project. 5.3 Required Workers Compensation Insurance — Consistent with the terms and provisions of Exhibit "F," City of Wylie Contractor Insurance Requirements, Consultant shall maintain, at no expense to City, all Statutory Workers Compensation Insurance as required by the laws of the State of Texas. Such insurance policy shall be with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent service(s), and authorized to transact business in the State of Texas. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent that same is covered by the proceeds of the insurance. Such policy shall require the provision of written notice to City at least thirty (30) days prior to cancellation, non-renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. Consultant shall furnish City with certificates evidencing such coverage prior to commencing work on the Project. 5.4 Circumstances Requiring Umbrella Coverage or Excess Liability Coverage — If Project size and scope warrant, and if identified on the checklist located in Exhibit "F," City of Wylie Contractor Insurance Requirements, Consultant shall maintain, at no expense to the City, an umbrella coverage or excess liability coverage insurance policy with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s), authorized to transact business in the State of Texas, in an amount of Two Million and 00/100 Dollars ($2,000,000.00). Consistent with the terms and provisions of Exhibit "F," such policy shall name the City, its officers, agents, representatives, and employees as additional insured as to all applicable coverage. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent that the same is covered by the proceeds of the insurance. Such policy shall require the provision of written notice to the City at least thirty (30) days prior to cancellation, non-renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. Consultant shall furnish City with certificates evidencing such coverage prior to commencing work on the Project. City of Wylie—Consultant Services Agreement Page 11 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 I PROHIBITED INTEREST I VENDOR DISCLOSURE The Consultant agrees that at any time during normal business hours and as often as the City may deem necessary, Consultant shall make available to representatives of the City for examination all of its records with respect to all matters covered by this Agreement, and will permit such representatives of the City to audit, examine, copy and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement, and for a period of four (4) years from the date of final settlement of this Agreement or for such other or longer period, if any, as may be required by applicable statute or other lawful requirement. The Consultant agrees that it is aware of the prohibited interest requirement of the City Charter, which is repeated on the Affidavit, attached hereto as Exhibit "G" and incorporated herein for all purposes, and will abide by the same. Further, a lawful representative of Consultant shall execute the Affidavit attached hereto as Exhibit "G". Consultant understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form C1Q, attached hereto as Exhibit "H" and incorporated herein for all purposes. ARTICLE 8 TERMINATION OF AGREEMENT I REMEDIES City may, upon thirty (30) days written notice to Consultant, terminate this Agreement, for any reason or no reason at all, before the termination date hereof, and without prejudice to any other remedy it may have. If City terminates this Agreement due to a default of and/or breach by Consultant and the expense of finishing the Project exceeds the Consultant's Fee at the time City of Wylie—Consultant Services Agreement Page 12 459432.v2 1 of termination, Consultant waives its right to any portion of Consultant's Fee as set forth in Article 3 herein and agrees to pay any costs over and above the fee which the City is required to pay in order to finish the Project. On any default and/or breach by Consultant, City may elect not to terminate the Agreement, and in such event it may make good the deficiency in which the default consists, and deduct the costs from the Consultant's Fee due Consultant as set forth in Article 3 herein. If City terminates this Agreement and Consultant is not in default of the Agreement, Consultant shall be entitled to compensation for any and all work completed to the satisfaction of the City in accordance with the provisions of this Agreement prior to termination. In the event of any termination, Consultant shall deliver to City all finished and/or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs and/or any items prepared by Consultant in connection with this Agreement prior to Consultant receiving final payment. The rights and remedies provided by this Agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. ARTICLE 9 DISPUTE RESOLUTION / MEDIATION In addition to all remedies at law, the parties may resolve/mediate any controversy, claim or dispute arising out of or relating to the interpretation or performance of this Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually acceptable mediator. ARTICLE 10 INDEMNITY CONSULTANT SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), TO THE EXTENT CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL WRONGFUL ACT AND/OR OMISSION OF City of Wylie—Consultant Services Agreement Page 13 459432.v2 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 14 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 300 Country Club Wylie, Texas 75098 City agrees that all notices or communication to Consultant permitted or required under this Agreement shall be delivered to Consultant at the following addresses: Ashley M. Frysinger, P.E. Associate Kimley-Horn and Associates, Inc. 12700 Park Central Drive, Suite 1800 Dallas, Texas 75251-1516 City of Wylie—Consultant Services Agreement Page 15 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 I Project Billing / Project Budget. 12.1.3 Exhibit "C," City of Wylie Guidelines for Surveying and Benchmarking. 12.1.4 Exhibit "D," City of Wylie Guidelines for Computer Aided Design and Drafting (CADD). 12.1.5 Exhibit "E," City of Wylie Guidelines for Direct Expenses; General and Administrative Markup; Travel and Subsistence Expenses. 12.1.6 Exhibit "F," City of Wylie Contractor Insurance Requirements. 12.1.7 Exhibit "G,"Affidavit. 12.1.8 Exhibit "H", Conflict of Interest Questionnaire, Form CIQ. City of Wylie—Consultant Services Agreement Page 16 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 17 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 Kimley-Horn and Associates, Inc. By: By: Mindy Manson, City Manager James Hall, P.E., Principal City of Wylie—Consultant Services Agreement Page 18 459432.v2 APPROVED AS TO FORM: I 1 Abernathy, Roeder, Boyd, &-Joplin, P.C. City Attorneys STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Mindy Manson, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration expressed, and in the capacity therein stated. 1 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2012. Notary Public In and For the State of Texas My commission expires: STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Ronny Klingbeil, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and consideration expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2012. Notary Public In and For the State of Texas My commission expires: City of Wylie—Consultant Services Agreement Page 19 459432.v2 Exhibit "A" Scope of Services Agreement by and between the City of Wylie, Texas (City) and Kimley-Horn and Associates, Inc. (Consultant) to perform Professional Engineering Services for Woodbridge Parkway Reconstruction from Hensley Lane to Maxwell Creek Bridge. 1. PROJECT DESCRIPTION The City of Wylie proposes to reconstruct Woodbridge Parkway from Hensley Lane to Maxwell Creek Bridge, which consists of approximately 2,000 linear feet of four-lane concrete pavement section with closed conduit storm drainage system and 500 linear feet of two-lane roadway. Water and sanitary sewer mains and services shall be relocated as necessary to accommodate the proposed improvements. Services by the Consultant shall include all aspects of the work set forth in the following scope of services. The parameters for design of the improvements shall include the following: 1. Replacement of existing 2-lane asphalt roadway with new 4-lane concrete paving section. 2. Replacement of existing driveway approaches to the ROW line and beyond if necessary. 3. Replacement of existing sidewalks and barrier free ramps. New sidewalks and ramps shall be installed to meet City of Wylie requirements along with ADA and TDLR. 4. Replace / upgrade / add storm sewer system to carry the City Design storm runoff. 5. Relocation of existing watermeter boxes which conflict with the proposed roadway and drainage improvements. 6. Relocation of existing water lines (including services) and sanitary sewer lines (including manholes and services) which conflict with the proposed roadway and drainage improvements will be performed as an Additional Service. Sanitary Services shall be replaced to the R.O.W. line and include new clean-outs. 7. Work zone traffic control. 8. Construction Erosion Control Plans. 9. Post-Construction erosion control (sodding). 10. Preparation of right-of-way and/or easement documents as described below. 11. Scale of plans to be : 1"=20' Horizontal; 1"=4' Vertical. 12. All work shall conform to the City of Wylie requirements. 13. All design work will be prepared in CAD, with electronic files in AutoCAD format submitted to the City upon final record drawings. City of Wylie—Consultant Services Agreement Page 20 459432.v2 14. Submittals to the City of work-in-progress shall be at 40%, 90%, and 100% stages of completion. For each stage of review, three (3) sets of drawings will be furnished to the City. 15. Standards and typical construction details of the City may be referred to in the specifications and on the drawingrather than p re-draw the standard detail. 16. Special details that are not included as a standard by the City shall be included in both plans and specifications. 17. Determine what other entities will need to review the plans before construction can begin i.e. TDLR (Texas Department of Licensing and Regulation), TCEQ (Texas Commission on Environmental Quality, THC (Texas Historical Commission), TxDOT, DART (Dallas Area Rapid Transit), FEMA, and any other entities that might need to review these plans. 18. Assist the city in preparing applications/letters/plan sets to be distributed to any entity for review purposes. The Consultant shall perform the necessary engineering and related technical services for the Design and Construction Phase Services, including necessary Additional Services for development of this project according to the following sections of this agreement. II. TASK SUMMARY, BASIC SERVICES. A. Task One, Preliminary Engineering Design — 1. Subtask 1 — Data Collection / Pre Design Meeting a. Obtain pertinent utility plans, street plans, plats, right-of-way maps, existing easement information, contour maps, and other features within and pertaining to the project area from the City of Wylie. The Consultant will also coordinate with franchise utilities in the area and obtain record information where available. Existing project conditions shall also be documented using digital photography and/or video. b. Meet with City of Wylie engineering staff to review project requirements, design criteria, communication procedures, project scheduling, personnel, and other pertinent matters that may impact the project. Additional meetings will be scheduled throughout the length of the project. 2. Subtask 2 — Field Surveying for Engineering Design Consultant will prepare a topographic survey for remaining portions of the proposed Right-of-Way for the purpose of City of Wylie—Consultant Services Agreement Page 21 459432.v2 preparing Engineering Construction Plans. . Surveying shall include the following: a. Establish horizontal and vertical control using City of Wylie criteria. b. Tie right-of-way lines and corners, property lines and corners, , fence lines, and other visible surface features. c. Topographic Information including cross sections of the existing ground features as needed for design. d. Horizontal and vertical location of existing facilities within the project limits including existing paving, driveways, sidewalks, buildings, mailboxes, landscaping, etc. e. Tie existing visible franchise utilities and appurtenances, and public utilities such as water valves, fire hydrants, manholes, etc. f. Tie underground utilities if exposed._Underground utility locations provided by DIG-TESS locations along the property. Consultant cannot guarantee DIG-TESS will locate the utilities, but Consultant will make the request. g. Existing contour lines at one foot intervals based on a 50' grid system and tied to existing control points. Grid will cover only the area on site. Limited off-site topography is included in the Task. Preparation of a formal ALTA/ACSM Land Title Survey is not included in this task. Surveying fees do not include: (i) state sales tax, (ii) locating underground utilities and utility lines by way of digging or uncovering, (iii) extraneous revisions or additions to the survey as requested by the City, (iv) city or county fees or (v) special monuments requested by the City or governing bodies. 3. Subtask 3 — Preliminary Engineering Design Prepare preliminary engineering plans with a submittal at forty percent (40%) completion. The preliminary engineering design phase will include the following: a. Prepare preliminary plans. 1. Establish preliminary horizontal and vertical alignments. 2. Locate utility crossing, and nearby utilities, and other nearby improvements. 3. Establish preliminary construction easement/right-of-way needs, if any. City of Wylie—Consultant Services Agreement Page 22 459432.v2 4. Establish preliminary locations for water and sewer lines, if any. 5. Delineate drainage areas and make evaluations as to the extent drainage facilities are required in conjunction with the project. 6. Establish preliminary locations for drainage facilities. b. Work with affected franchise utilities to obtain accurate information for horizontal and vertical data of existing facilities and identify those to be protected or relocated. This task will also include the coordination and placement of these utilities as they relate to the roadway layout. This task does not include the design of any private utility infrastructure. c. Coordinate with other governmental agencies, adjacent developments, and individual property owners as necessary. d. Prepare updated estimated construction quantities and opinion of probable construction costs for forty percent (40%) submittal. Present any potential alternatives, which may provide cost savings to the City of Wylie. e. Submit three (3) sets of preliminary plans and estimates to the City of Wylie for review. Preliminary submittal will occur at forty percent (40%) completion stage for distribution to franchise utilities. f. Meet with franchise utilities, if required, to communicate project details. g. Meet with the City of Wylie to discuss preliminary plans and estimates at the scheduled intervals. Discuss preliminary construction sequencing, traffic control, property access, and construction storm water runoff issues. h. Attend public meetings, if required, to communicate project details to citizens, council members, or other interested parties. City of Wylie shall provide meeting location and notices. City of Wylie—Consultant Services Agreement Page 23 459432.v2 B. Task Two, Final Engineering Design — 1. Subtask 1 - Final Engineering Design Incorporating comments from the City of Wylie, franchise utilities, and other interested parties, prepare final engineering plans and specifications with submittals at ninety percent (90%) and one-hundred percent (100%) completion. The final engineering design phase will include the following: a. Revise and complete preliminary drawings. b. Prepare traffic control and access plans. c. Prepare storm water runoff erosion control plans. Incorporate standard details into the plans and prepare additional details as required. d. Final engineering plan sheets shall meet the City of Wylie standard criteria. These documents will include the following items: A. Cover sheet B. General notes C. Paving plans, profiles & City details - Consultant will show spot elevations, contours, and a profile of the proposed section of roadway as well as connection into the existing roadways. We will also show dimensions of the proposed roadway improvements as well as dimensions of the existing roadway and right-of-way. The plans will also include conduits for future electrical or irrigation crossings. g g D. Typical Pavement Sections and Construction Details — Consultant will show detailed pavement sections to be specified by project Geotechnical Engineer or standard City roadway paving sections. E. Grading Plan — Consultant will prepare a grading plan for any offsite areas adjacent to the roadway. Structural design of retaining walls is not included in this scope. If required, structural design of retaining walls can be included in a separate letter agreement in the future, once a scope of work is determined. F. Traffic Control Plan — Consultant will show temporary traffic control to be implemented during construction of the roadway improvements. Consultant will use standard TxDOT traffic control details to prepare the Traffic Control Plan. G. Proposed Drainage area map— Consultant will prepare a drainage area map for the currently proposed site showing City of Wylie—Consultant Services Agreement Page 24 459432.v2 drainage patterns and off site discharges onto the roadway. Consultant will provide drainage calculations per the published City design criteria for the project. This task does not include drainage or detention studies. H. Storm sewer plan, profiles & City details — Consultant will prepare a plan and profile view of the proposed storm sewer and inlets, within the improved section of roadway (for pipes 18" in diameter and larger) I. Erosion Control Plan — Consultant will prepare an Erosion Control Plan for the project. On this plan, we will show required erosion control measures to be installed prior to disturbance of the site and to be maintained throughout site construction. J. Details — Consultant will prepare detail sheets showing required details beyond those referenced in the City Standard Construction Details document, as required. Street light locations will be included in the plan set if provided prior to final design by the City and/or Franchise Utility Provider. The effort for this task does not include landscape, irrigation, or electrical plans. 2. Subtask 2 -Project Manual Prepare project manual including bidding requirements, proposal, bid schedule, special conditions, and technical specifications. 3. Subtask 3 - Final Submittals Prepare updated estimated construction quantities and opinion of probable construction costs and submit three (3) sets of engineering plans and project manual, along with revised estimates to the City of Wylie for review. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry.rY. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. City of Wylie—Consultant Services Agreement Page 25 459432,v2 a. Submittals will occur at ninety percent (90%) and one hundred percent (100%) completion stages. b. Upon final review of one-hundred percent (100%) plans, supply three (3) sets of plans (hardcopy) to the City of Wylie. 4. Subtask 4 — Storm Water Pollution Prevention Plan Consultant will prepare a SWPPP in accordance with EPA and Texas Commission on Environmental Quality (TCEQ) requirements in order for the operator and contractor to obtain coverage under the general permit for sites in excess of one (1) acre as it relates to the Phase 1 construction. Consultant will also prepare a TCEQ Notice of Intent (NOI) and Construction Site Notice (TXR150000) when requested by the City. It is assumed that the City/contractor will file other necessary paperwork with TCEQ or other jurisdiction. Note that Consultant is not responsible for any inspections of the SWPPP implementation. Consultant will deliver three hard copies of the final prepared SWPPP to the City. C. Task Three, Bidding 1 Construction Phase 1. Subtask 1 - Final Printing Coordinate final printing of construction plans and project manual for distribution to proposed bidders. The Consultant will recoup cost of bid sets by non-refundable fee from proposed bidders. All plans, project manuals, and other related bidding documents will be distributed from the office of the Consultant. 2. Subtask 2 - Bidding Process Assist the City of Wylie with the bidding process as follows: a. Provide bidding documents to approved Plan Rooms. b. Advertising for Bids. c. Attend pre-bid conference if required by the City of Wylie. Task assumes up to 3 bid meetings. d. Address questions from the proposed bidders during the bidding process and issue addenda as necessary. City of Wylie—Consultant Services Agreement Page 26 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. This task is budgeted for 35 hours of effort. If additional effort is required, this effort will be billed on an hourly basis in addition to the amount provided above after approval and consultation with the City. 3. Subtask 3 — Construction Administration a. Construction Plans - Furnish twelve (12) sets of final plans for construction for use by the City of Wylie and the Contractor. b. Pre-Construction Conference — Meet with the City of Wylie, the Contractor, and other interested parties to discuss the construction of the project, including project requirements, communication procedures, project scheduling, personnel, laboratory testing requirements, field inspection, construction staking, pay requests, and other pertinent matters that may impact the project. c. Construction Observation — Perform periodic site visits to as directed by the City to determine the overall progress of construction and conformance with plans and specifications and attend monthly progress meetings if needed. The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the City a greater degree of confidence that the completed work of its contractors will { generally conform to the construction documents prepared City of Wylie—Consultant Services Agreement Page 27 459432.v2 by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. The Consultant is not responsible for any duties assigned to the design professional in the construction contract that are not expressly provided for in this Agreement. The City agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indemnify the City and the Consultant for all claims and liability arising out of job site accidents; and that the City and the Consultant shall be made additional insureds under the contractor's general liability insurance policy. d. Consultant Clarifications and Interpretations. Consultant will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Construction Documents to City as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by City. e. Shop Drawings and Samples. Consultant will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. f. Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. g. Inspections and Tests. Consultant may require special inspections or tests of Contractor's work as Consultant deems appropriate, and may receive and review certificates of inspections within Consultant's area of responsibility or of tests and approvals required by laws and regulations or the Contract Documents. Consultant's City of Wylie—Consultant Services Agreement Page 28 459432.v2 review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Construction Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Consultant shall be entitled to rely on the results of such tests and the facts being certified. h. Disagreements between City and Contractor Consultant will, if requested by City, render written decision on all claims of City and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's work, at no additional cost to City. City. i. Applications for Payment. Based on its observations and on review of applications for payment and accompanying supporting documentation, Consultant will determine the amounts that Consultant recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Consultant's representation to City, based on such observations and review, that, to the best of Consultant's knowledge, information and belief, Contractor's work has progressed to the point indicated and that such work-in-progress is generally in accordance with the Contract Documents subject to any qualifications stated in the recommendation. In the case of unit price work, Consultant's recommendations of payment will include determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests. j. By recommending any payment, Consultant shall not thereby be deemed to have represented that its observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Consultant in this Agreement. It will also not impose responsibility on Consultant to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, nor to determine that title to any portion of the work in progress, materials, or equipment has passed to City free and clear City of Wylie—Consultant Services Agreement Page 29 459432.v2 of any liens, claims, security interests, or encumbrances, nor that there may not be other matters at issue between City and Contractor that might affect the amount that should be paid. k. Substantial Completion. Consultant will, promptly after notice from Contractor that it considers the entire Work ready for its intended use, in company with City and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. If after considering any objections of City, Consultant considers the Work substantially complete; Consultant will notify City and Contractor. I. Final Notice of Acceptability of the Work. Consultant will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Consultant may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Consultant shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Consultant's knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant upon which it is entitled to rely. A final determination of completion may only be made by the City. m. Limitation of Responsibilities. Consultant shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. Consultant shall not have the authority or responsibility to stop the work of any Contractor. D. Task Four, Completion of Record Documents 1. Record Drawings — Prepare record drawings utilizing City of Wylie and Contractor as-built information, including one (1) set 22" X 34" Mylar record drawings and one electronic copy of all construction plan sheets in AutoCAD and Tiff Image formats. This task assumes minor changes to the plans-significant changes to plans may require additional fee. City of Wylie—Consultant Services Agreement Page 30 459432.v2 E. Task Five, TDLR Notice of Substantial Compliance 11I. TASK SUMMARY, SPECIAL SERVICES. A. Task One, Geotechnical Investigation for Design Through a subconsultant (Reed Engineering Group, Ltd.), Consultant will provide geotechnical services for the project site. Borings will be taken in 8 locations. Two at termination depth of 40-feet will be taken around the footprint of the proposed bridge and five at termination depths of 10' will be taken within proposed paved parking areas. Field and Laboratory test results will be provided in a report to be delivered to the City. The report will contain pavement section recommendations. In addition, a slope stability analysis of embankments will be provided for the portion of the roadway that is anticipated to have 10 to 15-feet of fill. B. Task Two, Right-of-Way 1 Easement Documents 1. Consultant will prepare right-of-way (ROW) documents for the dedication of Woodbridge Parkway adjacent to the Wayne Rich, Timothy R. Johnson, Ben Sholz, and Wylie 1.S.D. tracts. CONSULTANT will submit 3 copies of the documents to the City of Wylie at the sixty-five percent (65%) plan submittal. Consultant anticipates preparation of the following five (5) documents: • ROW to be dedicated by landowner Wayne Rich; • ROW to be dedicated by landowner Timothy R. Johnson; • ROW to be abandoned by Timothy R. Johnson; • ROW to be dedicated by landowner Ben Sholz; and • ROW to be dedicated by landowner Wylie I.S.D. The exhibits and legals will be prepared in accordance with the current published City of Wylie criteria in effect on the date of this Agreement. Consultant will submit the documents to the City for review. It is our understanding the City will coordinate with existing landowners to obtain approval/signatures of the separate instruments. The effort for this task assumes one (1) set of revisions to the documents per City comments. If requested by the City, Consultant will coordinate the filing of the separate instrument documents with Collin County. Tax certificate, application and recording fees, if applicable, are not included in this scope of services and shall be paid by the City. City of Wylie—Consultant Services Agreement Page 31 454432.v2 2. Consultant will prepare easement exhibits and legal descriptions for offsite areas adjacent to the property requiring separate instrument easements. This task includes one round of easement revisions requested by the City and/or City. Consultant will submit 3 copies of the documents to the City of Wylie at the sixty-five percent (65%) plan submittal. Consultant anticipates the following separate instrument easements: • One (1) Separate Instrument Temporary Grading Easement on Wayne Rich's property. Actual fees for this task will be based on the number of easements required (as requested by the City or as necessary to successfully complete the tasks). The above referenced fee does not include any effort for easement document preparation, execution and processing. Should this project require any additional easements not identified at this time, CONSULTANT can prepare such easements as an Additional Service. IV. ITEMS NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES. A. Additional Services not included in the existing Scope of Services — City and Consultant agree that the following services are beyond the Scope of Services described in the tasks above. However, Consultant can provide these services, if needed, upon the City's written request. Any additional amounts paid to the Consultant as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These Additional Services include the following: 1. Computer modeling and routing of water flows; 2. Final Plat; 3. Environmental assessment or remediation; 4. Fees for permits and bid advertising; 5. Traffic engineering reports or studies; 6. Traffic Signals; 7. Floodplain reclamation plans or floodplain analysis; City of Wylie—Consultant Services Agreement Page 32 459432.v2 8. Landscape Design; 9. Construction Inspection; 10.Designs for Trench Safety; 11.Consulting services by others not included in proposal; 12.Quality control and testing services during construction; 13.Alternate additions not included in the original scope; 14.Improvements outside the project limits, including but not limited to offsite drainage or utilities. 15.Provide Right-of-Way staking on an as needed basis for franchise utility relocation purposes (one-time per location). 16.Relocation of existing water lines (including services) and sanitary sewer lines (including manholes and services) which conflict with the proposed roadway and drainage improvements. Sanitary Services shall be replaced to the R.O.W. line and include new clean-outs. V. DELIVERABLES. A. Required Deliverables — At the completion of Tasks 1 through 5, Consultant shall ensure the delivery of the following products to the City: 1. Three (3) sets of preliminary plans and estimates for review. 2. Two (2) copies of the geotechnical engineering report. 3. Three (3) copies of right-of-way acquisition documents. 4. Three (3) sets of final plans and estimates for review. 5. Two (2) sets of construction contract documents, including technical specifications and proposals. 6. Twelve (12) sets of final plans for construction. 7. One (1) set of reproducible record drawings, including an electronic copy of all construction plan sheets. City of Wylie--Consultant Services Agreement Page 33 459432.v2 EXHIBIT "B" COMPENSATION SCHEDULE 1 PROJECT BILLING I PROJECT BUDGET Agreement by and between the City of Wylie (City) and Kimley-Horn and Associates, Inc. (Consultant) to perform Professional Engineering Services for Woodbridge Parkway Reconstruction from Hensley Lane to the Maxwell Creek Bridge. I. COMPENSATION SCHEDULE 1 PROJECT BILLING SUMMARY. MONTH, DATE, YEAR DOLLAR AMOUNT TASK COMPLETED j -- City executes Agreement and Issues Notice to Proceed to Consultant; City delivers a copy of fully executed Agreement to Consultant. -- Consultant's receipt of fully executed Agreement; commencement of time for the assessment of Liquidated Damages. $ 34,737.60 Task One, Preliminary Engineering Design (Task Completed and all task-related deliverables completed as required by this Agreement and accepted by the City). $ 70,000.00 Task Two, Final Engineering Design (Task Completed and all task-related deliverables completed as required by this Agreement and accepted by the City). $ 9,500.00 Task Three, Bidding 1 Construction Phase (Task Completed and all task-related deliverables completed as required by this Agreement and accepted by the City). -- $ 6012.50 Completion of Tasks. (Tasks (Final 5% of Consultant's Completed and deliverables Fee) completed as required by this Agreement and accepted by the City; to be completed no later than August 31, 2012 (Match with Article 1.3)). TOTAL CONSULTANT'S $ 120,250 FEE(LUMP SUM-NOT-TO- .. EXCEED) City of Wylie—Consultant Services Agreement Page 34 459432.vl II. PROJECT BUDGET SUMMARY. A. Basic Services. 1. Description of Basic Services. a. Topographic Survey $ 10,000.00 b. Right of Way Documents $ 7,500.00 ($1,500 each) c. Easements $ 750.00 ($750 each) d. Geotechnical Report $ 8,000.00 e. Civil Engineering Plans $ 70,000.00 f. Storm Water Pollution Prevention Plan $ 3,000.00 g. Franchise Utility Coordination $ 2,500.00 h. Project Meetings/Coordination/Submittals $ 6,000.00 i. Bid Phase Services $ 5,000.00 j. Construction Phase Services $ 4,500.00 k. Record Drawings $ 3,000.00 Total Basic Services (Lump Sum-Not-To-Exceed) $ 120,250.00 • C. Direct Expenses. Description of Direct Expenses for the Tasks described are included in the Basic Service Fees listed above. An amount of 4% will be added to each invoice to cover certain other expenses such as in-house duplicating, local mileage, telephone calls, facsimiles, postage, and word processing. This does not include commercial reprographics. a. Mileage Reimbursement. $ 0,000.00 b. Commercial Reproduction. $ 0,000.00 c. In-House Reproduction. $ 0,000.00 City of Wylie—Consultant Services Agreement Page 35 459432.v2 d. Commercial Plotting. $ 0,000.00 e. In-House Plotting. $ 0,000.00 f. Communications. $ 0,000.00 g. Postage, Mail, and Delivery Service. $ 0,000.00 Total Direct Expenses (Not-To-Exceed) $ 4,810.00 I. General andlor Administrative Markup. (If this Section is Applicable to Contract) a. Description of Markup. $ 0,000.00 b. Total Approved Markup (Not-To-Exceed) $ 0,000.00 J. Travel and/or Subsistence Expenses. (If this Section is Applicable to Contract) 1. Description of Travel Expenses. $ 00,000.00 2. Description of Subsistence Expenses. $ 0,000.00 3. Total Approved Travel and Subsistence Expenses $ 00,000.00 (Not-To-Exceed) F. Project Budget, Grand Total (Not-To-Exceed) $ 125,060.00 { City of Wylie—Consultant Services Agreement Page 36 459432.v2 EXHIBIT "C" CITY OF WYLIE METHODOLOGY FOR SURVEYING AND BENCHMARKING City of Wylie—Consultant Services Agreement Page 37 454432.v1 EXHIBIT "D" CITY OF WYLIE GUIDELINES FOR COMPUTER AIDED DRAFTING AND DESIGN (CADD) City of Wylie—Consultant Services Agreement Page 38 459432,vl EXHIBIT "E" CITY OF WYLIE GUIDELINES FOR DIRECT EXPENSES; GENERAL AND ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES I. CONSULTANT'S RESPONSIBILITY. The Consultant shall be solely responsible for the auditing of all direct expense, approved markup (general and/or administrative), and approved travel and/or subsistence charges, including those to be included under a sub-contract, prior to the City for reimbursement, and Consultant shall be responsible for the accuracy thereof. Any overpayment by the City for errors in submittals for reimbursement may be deducted from the Consultant's subsequent payment(s) for services; however, this shall not be the City's sole and exclusive remedy for said overpayment. ll. GUIDELINES FOR DIRECT EXPENSES. • A. Local Transportation — Transportation in connection with the Project, when such transportation is not a function of routine performance of the duties of the Consultant in connection with the Project, and when such transportation exceeds beyond fifty (50) miles from the Project site, shall be reimbursed at a standard mileage rate consistent with that as issued, and periodically revised, by the United States Internal Revenue Service (IRS). Under no circumstances shall City reimburse Consultant at a higher standard mileage rate or pay additional markup on charges for local transportation. Completion of City's Standard Mileage Log is required for submittal of these charges for reimbursement, including justification for each submitted expense. Under no circumstances are charges associated with rental cars for local transportation eligible for reimbursement by City. Toll road subscriptions or toll plaza receipts are not reimbursable. Consultant agrees to place these standards in all subcontracts for work on the Project. B. Supplies, Material, Equipment — City shall reimburse the actual cost of other similar direct Project-related expenses, which are duly presented in advance and approved by City's Project Manager in writing. C. Commercial Reproduction -- City shall reimburse the actual cost of reproductions, specifically limited to progress prints prepared for presentation to City at each phase of progress, and final Construction Documents prepared for distribution at bidding phase, provided that the Consultant has duly obtained at least three (3) quotations from commercial firms and has chosen the best value for the City. Consultant shall provide such documentation to City for review prior to submitting these expenses for reimbursement. Consultant agrees to place these standards in all subcontracts for work on the Project. D. In-House Reproduction - Consultant shall make arrangements with the City for prior approval of in-house reproduction rates prior to submitting these expenses for reimbursement. City shall provide Consultant with a standard format for documenting these charges. Completion of the City's reproduction log is required as a prerequisite for payment, including the number or reproductions, City of Wylie—Consultant Services Agreement Page 39 459432,v1 the date, time, description, the approved standard rate, and a justification for each submitted expense for reimbursement. Consultant agrees to place these standards in all subcontracts for work on the Project. E. Commercial Plotting — City shall reimburse the actual cost of plots, specifically limited to final documents, provided the Consultant has duly obtained at least three (3) quotations from commercial firms and has chosen the best value for the City. Consultant shall provide such documentation to City for review prior to submitting these expenses for reimbursement. Consultant agrees to place these standards in all subcontracts for work on the Project. F. In-House Plotting — Consultant shall make arrangements with City for prior written approval of in-house plotting rates prior to submitting these charges for reimbursement. City shall provide Consultant with a standard format for documenting these charges. Completion of the City's reproduction log is required as a prerequisite for payment, including the number of plots, the date, time, description, the approved standard rate, and a justification for each submitted charge for reimbursement. G. Communications — Reimbursement for expenses relating to electronic communications shall be limited to long-distance telephone or fax toll charges specifically required in the discharge of professional responsibilities related to the Project. Telephone service charges including office or cellular phones, WATTS, or Metro line services or similar charges are not reimbursable. H. Postage, Mail, and Delivery Service — City shall reimburse the actual cost of postage and delivery of Instruments of Service, provided the Consultant duly considers all circumstances (including available time for assured delivery) of the required delivery and selects the best value for the City, which may require comparison of delivery costs offered by three (3) or more sources or methods of delivery, which at a minimum shall include U.S. Mail. Courier service is acceptable only in circumstances requiring deadline-sensitive deliveries and not for the convenience of the Consultant and/or the Consultant's employees. Consultant agrees to place these standards in all subcontracts for work on the Project. I. Meals and Other Related Charges — Meals or any other related expenses are not reimbursable unless incurred outside a fifty (50) mile radius of the Project, and then only reimbursable for the actual cost subject to compliance with the City's currently adopted policy. Non-allowable costs include, but are not limited to, charges for entertainment, alcoholic beverages, and gratuities. City of Wylie—Consultant Services Agreement Page 40 459432.v2 III. GUIDELINES FOR GENERAL AND ADMINISTRATIVE MARKUP. 1. Requirement of Prior Approval — Consultant may be allowed to charge a General and/or Administrative Markup on work completed if Consultant can clearly define to City specifically what costs are included in the markup calculation. To apply General and/or Administrative Markup, Consultant must also document to City what costs would be considered direct costs. City shall issue approval in writing to allow Consultant to charge General and/or Administrative Markup. City reserves the right to reject any and all requests for General and/or Administrative Markup. IV. GUIDELINES FOR TRAVEL AND SUBSISTENCE EXPENSES. 1. Requirement of Prior Approval — City shall reimburse the actual cost of travel and/or subsistence expenses upon prior written approval by the City's Project Manager. 2. Adherence to Currently Adopted City Travel Policy — Reimbursements shall be governed by the same travel policies provided for City employees according to current adopted policy. Prior to the event, Consultant shall request, and the City's Project Manager shall provide the provisions and the restrictions that apply to out-of-town reimbursements. City of Wylie—Consultant Services Agreement Page 41 459432,v2 EXHIBIT "F" CITY OF WYLIE CONTRACTOR INSURANCE GUIDELINES I. Requirement of Insurance — A. Such policy shall name the City, its officers, agents, representatives, and employees as additional insured as to all applicable coverage with the exception of workers compensation insurance. A. Such policy shall require the provision of written notice to City at least thirty (30) days prior to cancellation, non-renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. B. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of the insurance. II. Insurance Company Qualification — All insurance companies providing the required insurance shall be authorized to transact business in the State of Texas, and shall have a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s). III, Certificate of Insurance — A Certificate of Insurance evidencing the required insurance shall be submitted with the contractor's bid or response to proposal. If the contract is renewed or extended by the City a Certificate of Insurance shall also be provided to the City prior to the date the contract is renewed or extended. City of Wylie—Consultant Services Agreement Page 42 459432.v1 IV. Insurance Checklist — "X" means that the following coverage is required for this Agreement. Coverage Required Limits X 1. Worker's Compensation & • Statutory Limits of the State of Employer's Liability Texas X 2. General Liability • Minimum $ 1,000,000.00 each occurrence; 3. XCU Coverage • Minimum $ 1,000,000.00 per occurrence; ■ Minimum $ 2,000,000.00 aggregate. X 4. Professional Liability • Minimum $ 1,000,000.00 each occurrence; ■ Minimum $ 2,000,000.00 in the aggregate. X 5. Umbrella Coverage or • An amount of $ 2,000,000.00. Excess Liability Coverage 6. City named as additional insured on General Liability Policy. This coverage is primary to all other coverage the City may possess. X 7. City provided with Waiver of Subrogation on Worker's Compensation Insurance. X 8. Thirty (30) days notice of cancellation, non-renewal, or material change required. The words "endeavor to" and "but failure" (to end of sentence) are to be eliminated from the Notice of Cancellation provision on standard ACORD certificates. X 9. Insurance company has a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s). X 10. The Policy and Certificate of Insurance both must state the project title and bid number. 11. Other Insurance Requirements (State Below): City of Wylie—Consultant Services Agreement Page 43 459432.v2 EXHIBIT "G" AFFIDAVIT THE STATE OF TEXAS § THE COUNTY OF COLLIN § I, Ronny Klingbeil, a member of the Consultant team, make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have the following interest in a business entity that would be affected by the work or decision on the Project (Check all that apply): Ownership of 10% or more of the voting shares of the business entity. Ownership of Twenty Five Thousand and 00/100 Dollars ($25,000.00) or more of the fair market value of the business entity. Funds received from the business entity exceed ten percent (10%) of my income for the previous year. Real property is involved, and I have an equitable or legal ownership with a fair market value of at least Twenty Five Thousand and 00/100 Dollars ($25,000.00). A relative of mine has substantial interest in the business entity or property that would be affected by my business decision of the public body of which I am a member. Other: X None of the Above. Upon filing this affidavit with the City of Wylie, Texas, I further affirm that no relative of mine, in the first degree by consanguinity or affinity, as defined in Chapter 573 of the Texas Government Code, is a member of a public body which took action on the agreement. Signed this day of , 2012. Signature of Official /Title BEFORE ME, the undersigned authority, this day personally appeared and on oath stated that the facts hereinabove stated are true to the best of his / her knowledge or belief. Sworn to and subscribed before me on this day of 2012. Notary Public in and for the State of Texas My commission expires: City of Wylie—Consultant Services Agreement Page 44 459432.v1 EXHIBIT "H" CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ CONFLICT OF INTEREST QUESTIONNAIRE FORM MI For vendor or other person doing business with local governmental entity - This questionnaire is being filed in accordance with chapter'l76 of the Local OFFICE[1SECJNLY Government Code by a person doing business with the governmental entity. Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed_ See Section 176.006,Local Government Code. A person commits an offense if the person violates Section 176,006, Local Government Code,An offense under this section is a Class C misdemeanor. J Name of person doing business with local governmental entity. J I I Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a),Local Government Code,is pending and • not later than the 7th business day atter the date the originally fled questionnaire becomes incomplete or inaccurate.) • Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. 1 • • Describe each affiliation or business relationship with a person who is a local government officer and who appoints or • employs a local government officer of the local governmental entity that is the subject of this questionnaire, • • Amended tl£i13t2CO City of Wylie—Consultant Services Agreement Page 45 459432.v2 EXHIBIT "H" CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 J Name of local government officer with whom filer has affllitation or business relationship. (Complete this section only if the answer to A,B,or C is YES.) This section,item 5 Including subparts A, B, C & D,must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. is the local government officer named in this section receiving or likely to receive taxable income from the filer of the • questionnaire? Yes n No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? LiYes nNo • C. is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director,or holds an ownership of 10 percent or more? n Yes No • D. Describe each affiliation or business relationship. J Describe any other affiliation or business relationship that might cause a conflict of interest. • • Signature of person doing business with the governmental entity Dale • • Amended 0l,73t200d • City of Wylie—Consultant Services Agreement Page 46 459432,v2 CONCEPTUAL OPINION OF PROBABLE CONSTRUCTION COSTS Project: North Woodbridge Parkway from Hensley Road south Acreage: 5.5 to proposed bridge over Maxwell Creek. 2-25'B-B Section transitioning to 1-49'B-B section Wylie,Texas Job Number: 063564113 Client: City of Wylie File: North WBPkwy 2-25°B-B_20111007.xls Prepared By: Ashley Frysinger,P.E. Date: 10/7/2011 EXCAVATION DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST - Clearing,Grubbing/Stripping 5.50 AC. $ 900.00 $ 4,950.00 Earthwork(Excavation/import&Recompaction)**See Note 14 below 60,000 C.Y. $ 5.00 $ 300,000.00 V-Ditch(out fall to existing creek) 200 L.F. $ 30.00 $ 6,000.00 Tree Removal 1 L.S. $ 40,000.00 $ 40,000.00 $ 350,950.00 EROSION CONTROL DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST Silt Fence 4,800 L.F. $ 1.50 $ 7,200.00 Inlet Protection 10 EA. $ 250.00 $ 2,500.00 Construction Entrance 1 EA. $ 1,600.00 $ 1,600.00 Rock Check Dams 1 EA. $ 1,000.00 $ 1,000.00 Seed After Construction(Median and Parkway) 4.00 AC. , $ 350.00 $ 1,400.00 $ 13,700.00 STORM D- NAGE DESCRIPTION QUANTITY UNIT COST I UNIT TOTAL COST 21"RCP(Class III) 200 L.F. $ 38.00 $ 7,600.00 24"RCP(Class III) 250 L.F. $ 42.00 $ 10,500.00 48"RCP(Class III) 650 L.F. $ 115.00 $ 74,750.00 54"RCP(Class III) 200 L.F. $ 125.00 $ 25,000.00 6'x4'RCB 450 L.F. $ 400.00 $ 180,000.00 2-4°x4'RCB 400 L.F. $ 550.00 $ 220,000.00 2-5)(4°RCB 850 L.F. $ 750.00 $ 637,500.00 12'Recessed Curb Inlet 10 EA. $ 3,000.00 $ 30,000.00 8°x5'Junction Box 1 EA. $ 7,000.00 $ 7,000.00 10°X5'Junction Box 1 EA. $ 8,500.00 $ 8,500.00 14'x5'Junction Box 1 EA. $ 10,000.00 $ 10,000.00 2-5°x4'Culvert Wingwall 2 EA. $ 8,000.00 $ 16,000.00 Filter Fabric 250 S.Y. $ 2.00 $ 500.00 Grouted Rock Rip Rap(mean stone dia.= 12") 250 S.Y. $ 75.00 $ 18,750.00 Trench Safety 1 L.S. $ 1,500.00 $ 1,500.00 $ 1,247,600.00 PAVING -100'R.O.W.—2,200 L.F. &2,500 L.F. (2-25'B-B Section transitioning to 1-49'B-B) DESCRIPTION QUANTITY UNIT COST!UNIT TOTAL COST Subgrade Preparation 14,410 S.Y. $ 3.00 $ 43,230.00 Lime (3610/S.Y.) 259 TON $ 110.00 $ 28,531.80 Reinf.Conc. Pavement(8"-4000 PSI) 13,100 S.Y. $ 32.00 $ 419,200.00 Connection to Exist. Pavement 2 EA. $ 1,000.00 $ 2,000.00 4"Round White Non-Reflective Buttons 40 EA. $ 400.00 $ 16,000.00 Striping and Pavement Markings 1 L.S. _$ 10,000.00 $ 10,000.00 Landscape Maintenance Ramp(per City detail) 4 EA. $ 600.00 $ 2,400.00 Median Paving Stone(per City detail) 550 S.F. $ 12.00 $ 6,600.00 Street Signs 15 EA. $ 450.00 $ 6,750.00 8'Curlex Mat(along both sides of roadway) 4,800 L.F. $ 1.50 $ 7,200.00 Traffic Control Plan 1 L.S. $ 5,000.00 $ 5,000.00 $ 546,911.80 KADAL_Covdt635641134AdmontOPC's‘Woodbndge Pkwy.-north of bridgelidorth WE3Pkwy_2-25°B-B_20111097 xis 10;7.701, MISCELLANEOUS ITEMS DESCRIPTION QUANTITY UNIT COST!UNIT TOTAL COST Right-Of-Way Acquisition(approx. 1,100 LF along Wayne Rich's property) 1 L.S. $ 187,500.00 $ 187,500.00 Materials Testing 1 L.S. $ 60,000.00 $ 60,000.00 SWPPP Inspection/TCEQ NOI&NOT 1 L.S. $ 30,000.00 $ 30,000.00 Franchise Utility Relocation 1 EA. $ 50,000.00 $ 50,000.00 $ 327,500.00 SUMMARY OF PROJECT COSTS DESCRIPTION QUANTITY UNIT COST!UNIT TOTAL COST Excavation $ 350,950.00 Erosion Control $ 13,700.00 Storm Drainage $ 1,247,600.00 Paving-100'R.O.W. $ 546,911.80 Miscellaneous Items $ 327,500.00 Engineering,Surveying,&Constr Ph Services(Assume 15%Constr.Costs) $ 323,874.27 Contingencies(Assume 20%of Constr.Costs) $ 497,332.36 City Inspection Fees(3%) $ 64,774.85 GRAND TOTAL $ 3,372,643 Assumptions: 1. This Opinion of Probable Cost(OPC)is based on a preliminary alignment of Woodbridge Parkway from Hensley Road to the proposed bridge.The plans have not been prepared or approved by the City of Wylie. 2. This OPC is based on current opinion of pricing. Inflation is not accounted for. 3. This OPC is not intended to serve as a comprehensive and complete analysis of development and construction costs. 4. Any items not specifically noted in this OPC shall be added by the Client. 5. This OPC does not reflect franchise utilities(gas,electric,telephone,cable). 6. This OPC assumes that relocation cost of any existing utility lines on or adjacent to the site shall be added by the Client. 7. Line sizes are preliminary and subject to approval by the City of Wylie. 8. Drainage,utility,grading and construction easements/agreements may be required to develop this site. 9.This OPC assumes that no rock or similar material will be encountered during construction. 10.Construction management fee is not included. 11.The contractor will be required to pay Maintenance,Payment,and Performance Bonds(2.5%of Constr.Costs)after all City improvements have been accepted by the City. 12.This OPC does not account for irrigation and final landscaping. 13.This OPC assumes there will be no barricade provided at the limits of constuction. 14.An earthworks analysis has not been performed for this proposed roadway. The earthwork quantity provided dirt quantities above is an estimate per the preliminary paving profile. Please note per the preliminary paving profile,the road is in fill and the area will not balance. 15.This OPC assumes water and sanitary sewer lines will not extend south of Hensley Road and are not included. 16.This OPC assumes the roadway drainage is collecting storm water within the 100'R.O.W.and approximately 50'to 200' on either side of the R.O.W. 17.This OPC assumes storm water draining east from the Johnson and Herzog Tracts is being picked up in the future Woodbridge Parkway storm drainage system north of Hensley Road and then being conveyed into this storm drainage system. 18. This OPC assumes the relocation of any existing utility lines on or adjacent to the site will not be more than$50,000. 19. This OPC assumes right-of-way acquisition is required.The cost noted above is based on the City of Wylie's past experience. 20. Construction materials testing and SWPPP inspection fees are based on the City's past experience with similar projects. 21. This OPC assumes offsite drainage areas OS-6 and OS-7 (per the Woodbridge Parkway plans prepared by KHA)are picked up in a storm system within the west(south bound)lanes. 22. This OPC does not include the cost associated with the installation of street lights. 23. The contractor will be required to pay Maintenance,Payment,and Performance Bonds(%of Construction)after all city improvements have been accepted by the city. Notes: Review all notes and assumptions. Kimley-Horn&Associates,Inc.has not prepared fully engineered construction drawings for this site;therefore,the final quantities are subject to change. Additionally,the final land plan could change significantly through the"platting"process. These OPC's are not intended for basing financial decisions,or securing funding. Since Kimley-Horn&Associates,Inc.has no control over the cost of labor,materials,equipment,or services furnished by others,or over methods of determining price,or over competitive bidding or market conditions,any and all opinions as to the cost herein,including but not limited to opinions as to the costs of construction materials,shall be made on the basis of experience and best available data.Kimley-Horn&Associates,Inc.cannot and does not guarantee that proposals,bids,or actual costs will not vary from the opinions on costs shown herein. The total costs and other numbers in this Opinion of Probable Cost have not been rounded.This practice of not rounding Is not intended to reflect or imply a level of certainty with respect to accuracy of the amount. KADAL_Civil‘63564113kAdmin1013CV,Woodbrodge Pkwy-north of bridgekNorth WBPkwy_2-25*B-B_20111007.xls 10.M2a11, 0 i', Woodbridge Parkway at SH 78 Crossing $ 357,749.37 $ - $ - $ 357,749.37 $ 357,749.37 $ - $ - KCS Grade Crossing Warning Devices $ 399,492.88 $ - $ - $ 399,492.88 $ 399,492.88 $ - $ - KCS Concrete Crossing&Subgrade preparation $ 185,013.00 $ - $ - $ 185,013.00 $ 185,013.00 $ - $ - Woodbridge Parkway Phase 1 $ 931,762.88 $ - $ - $ 931,762.88 $ 931,762.88 $ - $ - Woodbridge Parkway Phase 2 $ 1,246,710.92 $ - $ - $ 1,246,710.92 $ - $ - $ 1,246,710.92 BRIDGE(Original 2003 Bond Project)- Woodbridge Parkway-Maxwell Creek Bridge Construction Costs $ 1,020,977.00 $ 1,020,977.00 BRIDGE(Original 2003 Bond Project)- Woodbridge Parkway-Maxwell Creek Bridge Soft Costs $ 972,660.00 $ 603,340.00 $ - $ 552,784.25 $ - $ 351,750.00 $ 485,762.75 $ 620,910.00 North Woodbridge Parkway from Hensley Road south to proposed bridge over Maxwell Creek $ 3,372,643.00 $ 3,372,643.00 $ - $ - $ - $ 3,372,643.00 TOTAL: $ 8,487,009.05 $ 3,975,983.00 $ - $ 3,673,513.30 $ 1,874,018.13 $ 351,750.00 $ 485,762.75 $ 6,261,240.92 Proposed utilizing dedicated 2003 and 2007 Bond Discretionary Funds $ 8,487,009.05 $ 2,289,661.50 $ 2,113,148.78 $ 4,084,198.78 $ 8,487,009.05 AI-35049 4. d. 1. Commissioners Court Meeting Date: 05/07/2012 Restated Interlocal Agreement between Sacshe,Wylie and Collin County for improvements to Woodbridge Parkway from SH 78 to Hensley- #03-072 Submitted By: Tracy Homfeld Department: Engineering Request Type: CONSENT Agenda Area: Agreement Information Department Action Approval of the Interlocal Agreement between Sacshe,Wylie and Collin County for improvements to Woodbridge Parkway from SH 78 to Hensley Lane; Bond Project#03-072 Purchasing Department Action Commissioners'Court consideration and any action regarding approval of the Restated Interlocal Agreement between Collin County,the City of Sachse and the City of Wylie Concerning the Construction of Woodbridge Parkway from SH 78 to Hensley Lane Improvements, Bond Project #03-072;further authorize the County Judge to execute same. and Funds for shall not exceed$1,351,750.00 for this ILA. Human Resources Action(Personnel Issues) Budget Department Action Budgeted funds available per BA on fiscal impact tab, bond project 03-072. Auditor's Office Action Bond funds are available. Commissioners Court Restated Interlocal Agreement with the City of Sachse and the City of Wylie for the construction of improvements to Woodbridge Parkway from SH 78 to Hensley Lane(Bond Project No.03-072),budget amendment in the amount of$782,500(County participation NTE$1,351,750)and further authorize the County Judge to finalize and execute same, Engineering. Budget Information Information about available funds Budgeted:3 Funds Available:3 Adjustment: Amount Available: $1,134,250.00 Unbudgeted: Funds NOT Available: Amendment: Account Code(s)for Available Funds 1: 426-7530-680.92-80/03-072 2: 423-7530-680.88-01 /03-072 3: 421-7530-680.88-01 /03-072 4: 427-7530-680.88-01 /03-072 Fund Transfers Remarks: FY 2012 BUDGET ADJUSTMENT TOTALING$782,500 Trans Amt: $311,629 From: 423-7530-680.88-01 /07-00-00 To:423-7530-680.88-01 /03-072 Dept.Name: Additional Line Items: Remarks: Trans Amt: $326,084 From: 421-7530-680.88-01 /07-00-00 To:421-7530-680.88-01 /03-072 Dept.Name: Additional Line Items: Remarks: Trans Amt: $144,787 From: 427-7530-680.88-01 /07-00-00 To:427-7530-680.88-01 /03-072 Dept.Name: Additional Line Items: Remarks: Attachments Draft Court Order Department Memo Interlocal Aareeement Location Map Funding-Woodbridge Parkway COURT ORDER NO. 2012- -05-07 THE STATE OF TEXAS COUNTY OF COLLIN Subject: Restated Interlocal Agreement, City of Sachse and the City of Wylie — Engineering On May 7, 2012, the Commissioners Court of Collin County, Texas, met in regular session with the following members present and participating, to wit: Keith Self County Judge, Presiding Matt Shaheen Commissioner, Precinct 1 Cheryl Williams Commissioner, Precinct 2 Joe Jaynes Commissioner, Precinct 3 Duncan Webb Commissioner, Precinct 4 During such session the court considered approval of a Restated Interlocal Agreement with the City of Sachse and the City of Wylie. Thereupon, a motion was made, seconded and carried with a majority vote of the court for approval of a Restated Interlocal Agreement with the City of Sachse and the City of Wylie for the construction of improvements to Woodbridge Parkway from SH 78 to Hensley Lane (Bond Project No. 03-072), budget amendment in the amount of $782,500 (County participation NTE $1,351,750) and further authorize the County Judge to finalize and execute same. Same is hereby approved as per the attached documentation. Keith Self, County Judge Matt Shaheen, Commissioner, Pct. 1 Cheryl Williams, Commissioner, Pct. 2 Joe Jaynes, Commissioner, Pct. 3 Duncan Webb, Commissioner, Pct. 4 ATTEST: Stacey Kemp, Ex-Officio Clerk Commissioners' Court Collin County, TEXAS H:\Productiondb\AGENDA\CC\Item04.d.1. Att1 Draft Court Order.doc Engineering Department 825 N. McDonald Street COLLIN COUNTY Suite 6o CCOUNTYOL McKinney, Texass75069 972-548-3727 www.collincountytx.gov Date: April 24,2012 To: Commissioners'Court From: Tracy R. Homfeld, P.E., CFM;Assistant Director of Engineering Subject: Restated Interlocal Agreement(ILA)between Collin County and the Cities of Wylie and Sachse for Woodbridge Pkwy from SH 78 to Hensley Lane—2003 Bond Project#03-072(Partial Funding ILA#1) We request Commissioners Court consider approval of the above subject Restated ILA with the Cities of Sachse and Wylie for Woodbridge Pkwy from SH 78 to Hensley-2003 Bond Project#03-072.This is partial funding ILA#1 of 2. The Collin County Commissioners Court approved an Interlocal Agreement for Engineering and Construction of the Maxwell Creek Bridge at Hooper Road with the City of Wylie on October 24,2006, Court Order#2006-987-10-24 and amended on July 26,2010, Court Order#2010-487-07-26 for an amount not to exceed$569,250.00 of which the County has already tendered to Wylie$217,500.00, leaving$351,750.00 in project#03-072 untendered and available.This Partial Funding ILA#1 will supersede and repeal Court Order#2006-987-10-24 and Court Order#2010-487-07-26. This Partial Funding ILA#1 extends the limits of the Project to include engineering and construction of Woodbridge Parkway from SH 78 to Hensley Lane,as well as the construction of the Maxwell Creek Bridge. The Project will consist of five(5) phases:(See attached location Map) - Woodbridge Parkway&KCS Railroad Crossing - Phase 1 - Phase 2 - Maxwell Creek Bridge - Woodbridge Parkway north of Maxwell Creek Bridge City Participation Breakdown: Sachse shall be obligated to deliver Phase 1 and the Woodbridge Parkway&KCS Railroad Crossing portions of the Project as a roadway system. The projected cost for this portion of the project is$1,874,018.13. Sachse shall also be responsible for the design of Phase 2. Sachse's participation is estimated to be$2,113,148.78 which includes$277,000 in reallocated 2007 Collin County Transportation Bond funds, approved on February 20,2012,court order#2012-122-2-20,to be applied toward the remaining phases of the Project. Wylie shall be responsible for the construction of Phase 2,and the design and construction of Maxwell Creek Bridge,and design and construction of Woodbridge Parkway, north of Maxwell Creek Bridge.The projected cost for this portion of the Project is$6,612,990.92. Wylie's total participation is estimated to be$2,289,661.50. Wylie shall prepare specifications for Phase 2; plans and specifications for the Maxwell Creek Bridge and Woodbridge Parkway north of Maxwell Creek Bridge,accept bids and award contracts to construct such improvements and administer the construction contract(s). The County and Cities estimate the total actual cost of the Project to be$8,487,009.05,which shall include land acquisition,engineering, construction, inspection,testing,street lighting,and construction administration costs including contingencies. The total funds remitted by the County for the Project identified in this Partial Funding ILA#1 shall not exceed$1,351,750.00.The County's available funds for this Partial Funding ILA#1 consist of 2003 County Bond funds in the amount of$569,250.00 of which$217,500.00 has already been sent to Wylie,and 2007 County discretionary bond funds in the amount of$782,500.00.The use of discretionary bond funds was approved on February 20,2012, by Court Order#2012-121-2-20. Breakdown of available funding: - $217,500 already sent to city of Wylie - $351,750 currently in project code#03-072 - $782,500 to be reallocated from Discretionary#07-00-00 TOTAL NEEDED FUNDING ENCUMBERED ON THIS ILA:$1,351,750 We request Commissioners Court approve the Restated Partial Funding ILA#1 with Sachse and Wylie for Woodbridge Parkway from SH 78 to Hensley Lane. xc: Bill Bilyeu Monika Arris Matt Dobecka RENE:ACED INTERLOCAL AGREEMENT BE`TWEEN COLLIN COUNTY, THE CUTY OF SACIISE AND THE CITY OF UPI'LI E CONCERNING 'THE CONSTRUCTION OF WOODBRIDGE PARKWAY FROM SH 78 TO HENSLEY LN, IMPROVEMENTS 2003 BOND PRO3 Ecr#034172 (Partial Funding ILA 1) WHEREAS, the County of Cahn, Texas ("Comity"), the City of Sachse, Tex.as ("Sachse"), and the City of Wylie, Texas ("Wylie') (Saehse and Wyhe herein sometimes collectively referred to as -Cities"), desire to enter into an agreement concernMg the construction of imprOVements to 'Woodbridge Parkway from'Sid 78 to Hensley Erinthe'-Project") in the Cities of liktylie and Saehse,Collin County,Texas (-Partial Funding it„A Cl"); and WHEREAS, the lot Cl Cooperation Act (Texas Government Code CIapter 791) authorizes any local goyermnent to contract with ring or rnore local governments to perform governmental functions and services tm.der the terms of the Act;and WUEHEA,S, County, Sachse, and Wylie have detennined that the inwroventerns related to the Project may be constructed most economically by iniplementing this Partial Funding ILA 01 and WHEREAS,. the Collin County Condmissioners Court approved an interlocal Agreement for Engineering and Construction of the Maxwell Creek Bridge at Booper Road with the City of Wylie on 00ober 24, 2006, Court Order #2006-987-1 0-24 and amended on Job, 26, 2010, Court Order /120 10-487- 07-26 for an amotml not to exceed $569,250,00 'of 'Minch the County has already tendered to Wylie S217,500,00, leasting S351,750,00 tintenclered and available(-Available Funding'd1i and WittEREASE the Collin Courtly Commissioners Court approved the use of Diseretioanty Bond fimdit.for Woodbridge Park ivay on February 20, 2012, Coon Order#2012-121-2-20, WHEREAS, this Partial Funding ILA I shall extend the hoots of the Protect to include' engineering and construction of Woodbridge Parkway fr0111 511 78 to ftensley Lane, as well as the construction of the Maxwell Creek Bridge and WHER.EAS, this Partial Funding ILA 41 will supersede and repeal Court Order 42°06-987-1°- 24 and Court:Order#2 0 1 0-487-07-26; and WHEREAS,parties intend for the Available Funding to he distributed according to the terms and conditions set .forth in two(2) separate iniferlocal agreements,specifically, tins Partial Funding ILA 41 and a future Partial. Funding ILA'412:and WHEREAS, this Partial Funding ILA 41 shall provide the ternis and condificins for engineering, right away acquisition and some construction costs, as herein defined; and WHEREAS, ihe parties hereto have investigated and determined that is in ihe hest interest ()leach of their respective jurisdictions to enter into this Partial Funding ILA 41 NOW, THEREFORE, this Partial Funding ILA AI is made and entered into by and between the 'on toy, Saeh.se,and Wylie upon and for the mutual consideration stated herein„ the receipt.and sidliciency of which is hereby acknowledged: \WITNES,SETII: ARTICLE I. The Cities shall arrange to cause the construction (Witte iniprovements for the Project. The Project shall consist of constructing Woodbrid.ge Parkway from SH 78 to Hensley Lane and includes ihe construction of approximately 5,280 feet of 4-lane concrete divided roadway, a 320 foot bridge. img crossing of the KCS railroad, The Paned. improvements shall alsti include construction of underground storm settvers as part of th.e road improvements, The Project shall consist of live (5) phases: \Woodbridge Par.kway & K.CS Railroad Crossing, Phase 1, Phase 2, Maxwell Creek. Bridge, and. Woodbridge Ptirkway north of Maxwell Creek Bridge, all of Which t)tre depicted in Exhibit "A7„ attached hereto triad incrallorated herein for all puiposes, ,All Pfineot iniprovements shall be designed IL meet or exceed Ore current County design standards and shall be constructed in aCCordance with the plans and specifications approved by the respective Cities. ARTICLE IL Sachse shall be obligated to deliver or cause to Itave delivered Phase I and the r\kloodbridge Parkway& KCS Railroad Crossing portions of the,Project as a roadway systein, The projected cost for this portion of the project is SI,874,018.13. Sayhse shall salsas he responsible for the design of Phase 2, Sachs:Cs participation is estimated to be 82,113,148.78,\\ditch includes S277,000 in reallocated 2007 Collin County Transportation Bond fund.s.approved on February 20„20.12,court order#2012-122-22.0, to he applied toward the Project, The total cost to construct Phase 1 and the Wocidbridge Parkway& KCS Railroad Crossing portions of the project shall be computed based on the unit prices for the construction of Phase 2, Makwell Creek Bridgy,.and Woodbridge Parksyay north of.Maxwell Creek Bridge to the nta.xinium extent possible. \Wylie shall be respon.sible for the construction of Phase 2, and the design mid consnuction of Maxwell Creek Bridge, and design mid construction of Woodbridge Parkway. north of Maxwell Creek Bridge, The projected cost for this portion of die Project is S6,6990,92. Wylie's total participation is estimated to be S2.289,661,50. Wylie shall preprire SpecificationS for Phase 2; plans and specifications for the MaXWell Creek Bridge and Woodbridge Parkway north of Maxseell Creek Bridge, accept bids and aWaTd.contraos to LII such iMprOVements and.administer the construction contraens). In all such activities, the Cities shall comply with all slate statutory requireinents. The Cities shall provide the County with a copy of the executed constritetion commons) fru-the Pp:0ot ARTICLELUL The Cities shall also acquire the necessary property in tIie.vicinity of the Project improvements for use as right-o Ew ay ARTICL.E The County and Cities estmatte the total innual cost or the Protect to by S8,487„009,05„which shall include land acquisition, engineering, construction, inspection. testing., street lighting., and constrt tenon administration costs inclucling contingencies. The total funds reinitted by theI I LILIL for the Project identified in this Partial 'lunging ILA 41 shall not exceed S1,351,750.00, The Countyls available funds for this .Partial Funding ILA 41. consist of 2003 County Bond funds in the. arnount of S.569,250,00 of which S217,500,00 has already been sent to Wylie, and 2007 County discretionary bond hinds in the amount of S782,500,00, The use of discretionary bond hinds was approved on February 20, 2012, by Court Order 42012-121-2-20, The Payment Schedule is as follows: (a) Within .thirty (30) days alter the Cities (1) ececuie a Professional Services Agreement for the design of the Project. and (2) request payment from the County, the County shall remit a portion of the Available Funds to the Citie,s to cover those e:ngineering costs required under the Professional Service Agreement, (b) Within thirty(30)days after the Cities request payment from the County,. the County shall remit a portion of the Funds to the Cities to cover any and all right of way acquisition costs for the .Project, including but not limited to, 0 te COM to acquire the right of Way through eminent domain, (c) Within thirty (30) days after all of the following have occurred, the County shall remit to the Cities the remaining Funds not already disbursed under(a)or tb)above: ( ) the Cities issue a Notice to Proceed to the lowest responsible bidder .for the construction of Phase 2, Maxwell ('reek Bridge, and Woodbridge Parkway north of MaNWell Creek Bridget (2) the Cities request payment from the County, and (3) County bond money is aVailiible, (4) Upon the completion of the Project, the Cities shall provide to the County a final accounting of expenditures for the Project, If the actual cost to construct the Project is less than the estimated amount set forth herein, the Cities shall remit to the County fifty percent (50%) of the difference between the estimated cost and the actual cost, The Commissioners Court. May. revise .this payment schedule based on the progress of the Project with prior written notice and approval by the Cities, RTICLF V. 'file Cities shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty (30) days until Project completion_ ARTICLE VI. County and Cities agree that the party paying for the performance of governmental functions or services pursuant to this Partial Funding ILA I shall make those payments only from current revenues legally available to the paying party, ARTICLE VII. INDEMNIFICATION, TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY., AND HOLD HARMLESS THE OTHER (ANI) ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, „JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO„ OR RESULTING FROM. ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT AcTs OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD 3 PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITII PERFORMING THIS PARTIAL FUNDING HA#L ARTICLE U. CiOUNTERPARTS: This Agreement nifty be executed in a number at identical ecamterparts„each or which shall be deemed en original for all pat poses ARTICLE IX, NOTICE, Any notice provided or permuted to be given under this :Agreement must be in iivriting and may be served by depositing same in the United States rnail, addressed to the party to be notified, postage pre-paid and registered or certified With return receipt requested, or by delivering the same in person to such party 'via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same, to the addressee thereof; Notice given in accordance herewith shall be effective upon receipt at the address of the addressee, For purposes of notification, the addresses of the parties shall be as ibllows: It to Contractor,to: City of Sechse Attn: City Manager It'to the City, to: City of Wylie Attn: City Manager 300 Country Club Rd.,.Bid, 100 Texas 7509g ARTICLE X, VENUE The laws of the State of Texas shall govern the interpretation,. validity, performance and enforcement of this Partial Funding ILA Cli The parties agree that tins Partial Itiunding ILA 41 is performable in Collin County,Texas and that exclusive venue shall lie in Ciohlyi County,Texas, ARTICLE XL NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreeinent„ and the parties do not intend to create any third party beneficiaries by entering into this Agreement, ARTICLE XII, SEVIiifIAHIEITY, The provisions of this Partial Funding ILA#1 are severable: It any paragraph, section, subdivision, sentence, clause, or phrase of this Partial Funding ILA itti is for ens reason held by as coin) of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the It and effect of the law, the remaining portions of the Partial Funding IF,A, #1 shall be enforced as if the. invalid provision had never been included. ARTICLE 'XIII, 1 ENTIRE AGREEMENT. This Partial Funding ILA 41 embodies the entire agreement between the parties regarding the subject matter of this Partad Funding, ILA 41 and may only be inodified in a writing executed by both parties_ ARTICI,E XIV. SUCCESSORS AND ASSIGNS, This Partial Funding ILA 41 shall he binding upon he parties hereto, their successors and assigns: No party may assign or transfer an interest in this Partial Funding ILA 41 without the written consent of the other parttes. ARTICLE XII, IMMITNITY_ It is expressly tmderstood and agreed that, in the exectuntin of this Partial Funding ILA 41, none of the parties Waive. nor shall be deemed hereby to have waived, any immunity or defense that would othettwise be available to it against claims arising in the exercise of governmental powers and functions, By entering into this Partial Funding 11,A 41, the parities do not create any obligations, express Of implied, other than those set forth herein: and this Partial Funding ILA 41 shall not create any rights in parties not signatories hereto, ARTICLE XVII. ItERX1, This Partial Funding 11.,„A 41 shall he effective upon execution by all parties and shall continue in effect annually until final acceptance of the Project: dins Partial Funding ILA 41 shall automatically renew annually dui ma this period, ARTICLE XVII: This Pat tO1 Funding 11,,,A 41 supersedes previous Court Order 42006-910-10-24 and ("ono Order 02010-4817-07-26: APPROVED AS TO FORM: cou Nry OE COLLIN,TEXAS By: By: Name Keith Self I tile County Judge Date: Date: Executed on this day of 2012, by the County of ftollin, pursuant to Commissioners' Court Order No, ArrEsT: (-ITV OF SACHSE,TEXAS L- By ((v,;.;ti)H,iNainalnKatgecr,,e ozrgte s (ft/7 lei ry Smith City 5t7etit Date: t ti /4- „ L Dale: Executed on behalf of the City of Sachse pursuant to City Council Resolution Na A PPRON`ED AS Tfi FORX1: ji By. ,1 Peter C, Smith City Anonliey 4s, 1.1 20r1. ATTEST': crry OF VliciA 7',TEXAS 13y: Bv: Carole t v Miansiati City Secret/11y City Ma/lager Dale: April 10.2012 1.1ate:. April 10,,2012 Execiited on behalf or ihe City of Wylie nririsirairt tr) City Caiuneil 2012-12(R), Al)PR1TVED AS'1'0 FORM: _ Bv: - % Caitirtney A. K endall Date', r-7 L1C V,4,11:t 6 LOCATION MAP Woodbridge I!i. li' Parkway-Maxwell Creek B 1 .. � Connect to Existing oncrCt �1 Pavement Southbou 3d Lanes x ' 2 `�i ,., zer' -r �e t .,.; " ii '<-ate= L 0''' i } t.yr.N l+._ .I ▪ i _ x rva.e� ' p Woodbridge Parkway Phase2 ,. g;▪ f -- - e r a . go r to Existing Concrete nl ftr �'�r�ecT 'z rPavernent Northbound Lanes g F t t , .. , c Itir - �;+;t s = 'r sIgi North Woodbridge Parkway from Hensley Road]ouch to proposed bridge over Maxwell Creek lald r � t V�rc dbrrdg�Parkway€t�asc t ki. �r r l `:� r fir q hil d� .,c "`i . woodbr-Mdt e Parkway&SH 78 Crossings, I i : �m r IY ! KCS Grade'Crossing Warning Devices 000110 s = ' KS Concrete Crossing&Subgrade Preparation` 1 COURT ORDER NO. 2012- /31 -02-20 THE STATE OF TEXAS COUNTY OF COLLIN Subject: Utilization of 2007 Discretionary Road Bonds-Administrative Services On February 20, 2012, the Commissioners Court of Collin County, Texas, met in regular session with the following members present and participating, to wit: Keith Self County Judge, Presiding Matt Shaheen Commissioner, Precinct 1 Cheryl Williams Commissioner, Precinct 2 Joe Jaynes Commissioner, Precinct 3 Duncan Webb Commissioner, Precinct 4 During such session the court considered a request for approval to utilize the 2007 Discretionary Road Bonds. Thereupon, a motion was made, seconded and carried with a majority vote of the court for approval to utilize Discretionary Road Bonds for Woodbridge Parkway for the City of Wylie in the amount of $3,514,949. Same is hereby approved in accordance with the attached documentation. Keith Self, County Ju. !e ONE 411 ' • Mr Ar - Matt Sh es , o ,si ner, Pc 1 ' 11110` 4111rA ! Che I ffilli, ,, Commissioner, Pct. 2 Z1 „‘ , or IN r`6 Joe Jday 40,-;011 i ne , Pct. 3 ATTEST; Dun ;Way Ke , Ex-#ei ler 'Commi sioners ourt Collin County, TEXAS TI1Worcl Data'Court 2012VCOURT ORDERSV2-20-12 Court Signed Court Ordersl34874-UtSize-2007 Discretionary RB Funds Wylie 0220 cicc Administrative Services 2300 Bloomdale °� '" C O L L I N COUNTY Suite 4192 ° "�' McKinney, Texas 75071 972-548-4631 www.collincountytx.gov To: Commissioners Court From: Bill Bilyeu Date: February 14, 2012 Re: Woodbridge Parkway The Cities of Wylie and Sachse have asked to utilize discretionary funds from the 2007 Transportation Bond Election to help fund the $8,487,009.05 Woodbridge Parkway project. The Woodbridge Parkway project completes the connection between FM 544 and SH 78 and includes the construction of approximately 5,280 feet of 4-lane concrete roadway and a 320 foot bridge. Woodbridge Parkway is designated on the current 2007 Collin County Mobility Plan as a future major 4 lane divided road. Total project cost $8,487,009.05 Sachse responsibility $2,289,661.50 Wylie responsibility $2,113,148.78 Collin County responsibility $4,084,198.77 Less 2003 Bonds previously committed to the project $ 569,250.00 Total 2007 discretionary bond funds requested $3,514,948.77 1 COURT ORDER NO. 2012- /gg -02-20 THE STATE OF TEXAS COUNTY OF COLLIN Subject: Reallocate Road Bond Funds—Administrative Services On February 20, 2012, the Commissioners Court of Collin County, Texas, met in regular session with the following members present and participating, to wit: Keith Self County Judge, Presiding Matt Shaheen Commissioner, Precinct 'I Cheryl Williams Commissioner, Precinct 2 Joe Jaynes Commissioner, Precinct 3 Duncan Webb Commissioner, Precinct 4 During such session the court considered a request for approval to Reallocate Road Bond Funds. Thereupon, a motion was made, seconded and carried with a majority vote of the court for approval to reallocate $277,000 from Maxwell Creek Road (07-089) to the Woodbridge Parkway project in the City of Sasche. Same is hereby approved in accordance with the attached documentation. r t 1 Keith Self, County Ju ge Maft Sh ee , o ,s ner, Pc . 1 N. 41Prr AI Che 411i- L14: Commissioner, Pct 2 . 4Fr Al 1114411; ' 0 , tikt ri 0 Joe Jay -../ . , is_ .ne , Pct. 3 igrif- , ATTEST: i 11111r 40,..4 r if I li A 4 10 Dun . "• ,bb, Commissio er, Pct. 4 rr ey Ken*, Ex ci le ommisisioners Court Collin County, TEXAS T 11 Word DatalCourt 20121COURT ORDERS02-20-12 Cour-Mired Court OrdertM41305-Reallocate Road Bond Fut tea-Saache 0220 doc Administrative Services 2300 Bloomdale °� '" C O L L I N COUNTY Suite 4192 ° "�' McKinney, Texas 75071 972-548-4631 www.collincountytx.gov To: Commissioners Court From: Bill Bilyeu Date: February 14, 2012 Re: Sachse bond transfer request for Woodbridge Parkway The City of Sachse requested and received $865,000 in 2007 Transportation Bonds for Maxwell Creek Road (07-089). The bonds for this project are not expected to be sold until 2015. Per the attached resolution, the City requests that $277,000 of these funds be transferred to the Woodbridge Parkway project. If approved by Commissioners Court, the County's match for Maxwell Creek will be reduced to $588,000. 1