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10-24-1995 (City Council) Agenda Packet WRe City Council £Mgetin8 October 24, 1995 AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex Tuesday, October 24, 1995 7:00 p.m. CALL TO ORDER INVOCATION - Rev. George Fournier PLEDGE OF ALLEGIANCE PROCLAMATION PRESENTATION - Mignon Morse, Library Director CONSENT AGENDA 1. Discuss and Consider Filling Vacancy for the Senior Citizen Advisory Board 2. Discuss and Consider Approval of a Resolution Declaring November 16-23 at Christian Care Week 3. Discuss and Consider Approval of Request from Chamber of Commerce to hold Annual Christmas Parade, December 2, 1995 4. Discuss and Consider Approval of Resolution Supporting Resolution 4 for TML Sponsored by the Building Officials Association of Texas 5. Discuss and Consider Abandoning Alley between Lots 6, 7, and 8 and Lots 1, 2, 3, 4, and 5 of Block 15 of the Railroad Addition 6. Discuss and Consider Approval of Engagement Letter to Conduct Annual Audit Services ACTION ITEMS 7. Discuss and Consider Approval of Interlocal Agreement with Collin County for FM 544/ FM 1378 Intersection Engineering 8. Discuss and Consider Authorizing The Hogan Corporation to Provide Engineering Services for the FM 544/ FM 1378 Project 9. Discuss and Consider Awarding Bid for Construction of 297 Extension in Premier Business Park PUBLIC HEARING 10. Hold Public Hearing to Proceed With Annexation Proceedings for Property Along the FM 544 Corridor STAFF REPORTS CITIZEN PARTICIPATION WORKSESSION 11. Update on Service Center 12. Update on Central Park Concept Plan EXECUTIVE SESSION In Accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated (Open Meetings Law) Section 551.074 PERSONNEL 13. Discuss Personnel Matters Regarding Development Corporation of Wylie ADJOURNMENT Posted on this the 20th day of October, 1995 at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD 442-8170 . .:...::... . Issue Mignon Morse, Library Director, will present an evaluation and timeline for the renovation of the Rita and Truett Smith Public Library. Background Mignon Morse, Library Director, presented a detailed library evaluation and timeline to the Library Advisory Board on October 11, 1995. The highlights of the two reports will be discussed in the Council presentation. Please refer to the Library Board packet for the complete report and graphs. The Texas State Library publishes a statistical analysis of libraries in the state based on public library annual reports. Data in this report assist libraries in comparing their library functions and services to other libraries. The Texas Library Association derives their standards from statistics published by the Texas State Library. Libraries are divided into population categories for comparison purposes. Wylie is in the 5,000 to 9,999 population bracket for 1993 and 1994. The City compares poorly in most areas to the other libraries within the same population bracket. The latest report is the 1993 report; however, some of the 1994 raw data is available. Population per full time equivalent is calculated by dividing the population served by the number of full-time equivalent employees. The average is 5050 and Wylie is just above 25% at 2811 for 1993 and 3035 for 1994. However, the average number of hours open per week is 37 hours. Wylie's library is open 50 hours each week. The annual collection expenditure per capita averages at $1.28 per citizen; Wylie was spending .48 cents per citizen in 1993 and .93 in 1994. As a result of the limited materials fund, the circulating and reference materials are outdated and they are not adequate to meet the needs of Wylie citizens. Basic sources that are recommended for small libraries are not in the current collection. (Source: Handbook of Reference Sources and Services for Small and Medium Sized Libraries.) Items per capita average 3.5 per citizen and Wylie had 2.56 items per capita in 1993 and 2.76 per capita in 1994. Periodicals are below average too. The mean is 5.59 per periodicals per 1,000 served. Wylie has 25 titles which calculates to be 3.13 items per 1,000 people. There are plans to renovate the Library in early FY 97. Before the renovation can begin, there are several steps that must be taken. First, there needs to be a detailed analysis made of library needs. This analysis was conducted and presented to the Library Board on October 11, 1995. Next, the Library should establish goals and objectives so the purpose and mission of the library's existence will be clearly defined before moving into a new facility. Once these preliminary steps have been accomplished, the building plan will be written. The building plan will serve as a guideline to the architect and define the library's spatial needs. The architect usually determines the location of specific areas with the assistance of the building committee. Next, the architect will be selected and the building plans will begin. Plans are to begin construction in October 1996 and move into the new facility in the Spring of 1997. Every effort will be made to expedite this process. However, the Library Advisory Board agrees with the Library Director that an adequate amount of time to complete a thorough planning process is needed. ri;tte Library Director City ManagerApproval ii .:. ........ .. ........ . Issue A vacancy on the Senior Citizen Advisory Board needs to be filled. Background The City Council appointed 15 members to serve on the Senior Citizen Advisory Board. Member, Carey Gooch, passed away in October. A member must be at least 50 years old, and meet one of the following requirements: (a) have been actively involved in an organization that addresses the needs of senior citizens; (b) be a resident of the City of Wylie; (c) have shown an active interest in the Wylie Community Center or Meals on Wheels program. Janet Zimmer, the volunteer Sr. Citizen Activities Center Directors has expressed a desire to serve on this board. She has worked extensively with the seniors at the center and helps with the Meals on Wheels program. Recommendation Staff recommends Janet Zimmer be appointed to the Senior Citizens Advisory Board. d,,,,44„44tetAJ haee_‘ City Secretary Approval City Manager Approval n '"'":"""""'"2""' ...:.::.:...............:....... ........ . Issue Consider approval of a resolution declaring November 16-23 as Christian Care Week. Background The Christian Care Center has been established to help citizens in the community. The center distributes financial aid, staples, and clothing to those in need of assistance. Each year Christian Care Center designates a week in November as an awareness of the center to the citizens of Wylie in an effort to seek donations of cash and commodities. Many activities are planned during this week such as: a Care Concert, Commodity Collection, Day of Prayer, and, Bake Sale. The Wylie Supermarket and Brookshire's will accept food donations for the center from November 17 to December 16. Recommendation Staff recommends approval of the resolution declaring November 16-23 as Christian Care Week. Attachments Resolution Calendar of Events irea&714(--/di pared By City ManagerApproval RESOLUTION NO. A RESOLUTION OF THE CITY OF WYLIE, TEXAS DECLARING THE WEEK OF NOVEMBER 16-23, 1995, AS CHRISTIAN CARE WEEK. WHEREAS, the Christian Care Center has been established to help citizens in our Community; and WHEREAS,the Christian Care Center is seeking donations of cash and commodities, and each church, business, civic organization, and individual will be asked to participate; and WHEREAS, the Christian Care Center is requesting the week of November 16 thru November 23, 1995 to be the Eighth Annual CHRISTIAN CARE WEEK benefiting Wylie Community Christian Care Center; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wylie that this week of November 16-23, 1995 be recognized as the Eighth Annual Christian Care Center Week benefiting Wylie Community Christian Care Center, with special activities and benefits each day of this week. DULY RESOLVED on this the day of , 1995. Jim Swartz, Mayor Susan Shuler, City Secretary 8th Annual Christian Care Week Wylie Community Christian Care Center November 16 - 23, 1995 Thursday - 16th 12:00 CHAMBER OF COMMERCE KICK-OFF LUNCHEON - St. Anthony Catholic Church Friday & Saturday 17th & 18th - WYLIE SUPERMARKET & BROOKSHIIu 'S will match specific items most needed by the Care Center. For each item you purchase and place in the special containers, they donate a matching item. Please look for special displays in both stores. Saturday 18th CARE CONCERT - First Baptist Church, 7:00 pin. Sunday 19th CO mIoDITY COLLECTION & SPECIAL CASH COLLECTION All Wylie Area Churches - Complete details and items needed will be announced by each church. 6:30 Annual Community Thanksgiving Service - First Baptist Church Monday 20th DAY OF PRAYER AND SACRIFICE Each area church is asked to open its doors to allow members to spend 30 minutes or more in prayer and everyone is asked to make some special sacrifice. Tuesday 21st Co IMoDrry COLLECTION & SPECIAI. CASH COLLECTION All Wylie Area Schools Wednesday 22nd ANNUAL THANKSGIVING BAKE SALE Sponsored by Wylie Women's League Bake Sale to be held at Provident Bank and American National Bank. To donate home baked goods please call 442-6565 or 412-5156 Thursday 23rd THANKSGIVING DAY Day of Prayer - Unified Prayer to be prayed in every home *Brookshire's and Wylie Supermarket will accept food donations from Nov. 17 to Dec. 16. Containers at front of stores. t`'M cARt&#1• Wylie Community Christian Care Center Non Profit Org. _• Q •, P.O. Box 262 U.S. Postage "7 Cf1OQ . .. ...:: . . .. .....:.... . . ::....::.:. .. .::::::::.:.::.::::::.:::::.. . _..mmiiimmimioioum..immlimii. .. ... iij Issue Consider approval for request from the Chamber of Commerce to host the Annual Christmas Parade. Background Each year the Chamber of Commerce sponsors the Annual Christmas Parade. This year the parade will be on Saturday, December 2, 1995 at 10:30 A.M. The parade will be as follows: Birmingham North of SH 78 near Oak Street; East on Oak to Ballard, North on Ballard to Brown, East on Brown past Hillcrest Manor for disbursement. The Chamber is requesting that Ballard Street be blocked off between Oak and Marble Street beginning at 8:00 A.M. Staff Recommendations Staff recommends approving the request from the Chamber to host the Annual Christmas Parade. Attachments Letter from The Chamber of Commerce A64&i/it Prepared y City Manager Approval 3`4442/n 1 Dojo -b4,0 - * - n1/4.42,20i-&-`)/6 0 e CHAMBER OF COMMERCE fC,C• i°Wk Ak/6/Yli, October 2 , 1995 Mr. Mike Collins City of Wylie City Council Members City of Wylie Box 428 Wylie, Tx. 75098 Dear Mr. Collins and Council Members: The Wylie Chamber of Commerce respectfully requests permission to conduct the Annual Christmas Parade on Saturday, December 2 , 1995, at 10: 30 A.M. The parade route will be as follows: formation on Birmingham North of Highway 78 near Oak Street, East on Oak to Ballard, North on Ballard to Brown, East on Brown past Hillcrest Manor for disbursement. Walkers will exit south on Second St. The Chamber respectfully requests that Ballard Street be blocked off between Oak and Marble Street beginning at 8 : 00 A.M. The Chamber would like to thank the City of Wylie for their continued support and cooperation in the staging of this annual event. Sincerely, Bev Nemer Office Manager cc: Mike Atkinson Jack Jones Shan English 108 West Marble •Wylie, Texas 75098 .214/442-2804.FAX 214/442-2804 MOMMEIMi :::::::.:.:...:..::.::.: Issue The City of Wylie should support Resolution No. 4 at the upcoming Annual Conference of Texas Municipal League (TML). It is sponsored by the Building Officials Association of Texas (BOAT) and calls for statewide support for the efforts of the International Code Council to formulate a single set of model codes to be used in this state and across the country. Background There has been growing pressure from various agencies, as well as engineers, designers and builders to have a federal code which would be used throughout the United States. There are currently three model codes in use; the Southern Standard Building Code International (SSBCI), the International Conference of Building Officials (ICBO), and the Building Officials and Code Administrators International (BOCA). Since all three model codes would be better than having federal government mandate a code, they have founded an organization called the International Code Council (ICC) to develop a single set of codes to be used nationwide. In the State of Texas, currently all three model codes are being used. Not only do designers and builders have to deal with local amendments but they have to deal with the separate sets of documents that the three model codes offer. The efforts by the three model codes to move in a more unified direction can be seen in the reformatting of the 1995 Uniform Codes and in the other codes in their respective new publications. Prior to the reformat of the codes, the occupancy groups varied in names, the locations of sections (Exits, Building Limitations, Occupancy Requirements, etc.) were in different chapters and other differences affected designers and builders. The code requirements are similar but there are some minor differences in specific requirements that impacted the construction community. Under a single, unified set of codes, the design and buildings communities will only have to deal with a single set of documents wherever they would build in the State and in the Country. The technical support of the three code bodies would be available for the new unified code in the same locations available now throughout the country and state. Another advantage would be that all the municipalities would have an equal voice in the development of the code. All of the Building Officials would be working toward improvement of a single set of documents instead of, as is in the case of Texas, they have to work in different directions dealing with development of their respective codes. The rapid foundation of the ICC and the development of some of the codes ready for publication indicates the importance the three model code groups have been given this matter and this resolution will assist them greatly in their efforts. Recommendation Staff recommendation is for Council to approve the proposed resolution and to support Resolution No. 4 at the TML Annual Conference that is upcoming in Dallas, Texas. Attachment Resolution Proposed TML Resolution -ALL (kiai\D -16kt Prepared by City Manager Approval RESOLUTION NO. A RESOLUTION OF THE CITY OF WYLIE, TEXAS, SUPPORTING RESOLUTION NO.4 AT THE 1995 TEXAS MUNICIPAL LEAGUE ANNUAL CONFERENCE SPONSORED BY THE BUILDING OFFICIAL'S ASSOCIATION OF TEXAS CALLING FOR SUPPORT OF THE INTERNATIONAL CODES COUNCIL'S EFFORT TO FORMULATE A SINGLE SET OF MODEL CODES. WHEREAS, the City of Wylie enforces a set of model codes regulating construction and buildings; and WHEREAS, the City of Wylie recognizes a need for a single set of model codes to offset the confusion of contractors coming to our area; and WHEREAS, the City Council of the City of Wylie does not desire to have a code written by the federal government mandated to them; and WHEREAS, the City Council of the City of Wylie wishes to become a part of the voluntary effort of local governments joining together to formulate codes which will uniformity and allow flexibility to each city to adopt codes that are necessary.to them; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wylie that they will support Resolution No.4 at the 1995 TML Annual Conference, sponsored by the Building Officials Association of Texas calling for support of the effort of the International Code Council to formulate a single set of model codes. DULY RESOLVED on this the day of , 1995. Jim Swartz, Mayor Susan Shuler, City Secretary OCT-11-1995 15:22 P.03 4. A RESOLUTION SUPPORTING THE EFFORTS OF THE INTERNATIONAL CODES COUNCIL (ICC) TO FORMULATE A SINGLE SET OF MODEL CODES WHEREAS, there are currently three model construction codes being utilized in the nation; and WHEREAS, much confusion exists because a single set of integrated and coordinated codes are not being used throughout the country; and WHEREAS, the federal government has threatened to mandate a single set of codes to be used nationwide; and WHEREAS, the development and implementation of a single set of model codes will allow the building official to serve the public, the construction industry, and the country as never before; and WHEREAS, TML has consistently opposed state and federal mandates on cities; and WHEREAS, the voluntary effort of local governments binding together to formulate codes that affect them would bring uniformity along with flexibility to allow each city to adopt those codes necessary to them; and WHEREAS, the Standard Building Code Congress, International (SBCCI); the International Conference of Building Officials (ICBO); and the Building Officials and Code Administrators International (BOCA) have joined together to form the International Codes Council (ICC) to formulate a single set of model codes for use throughout the United States; NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 1995 Annual Conference of the Texas Municipal League that the Texas Municipal League support the efforts of the ICC in formulating a single set of model codes. PASSED AND APPROVED by the membership of the Texas Municipal League this 28th day of October, 1995 at Dallas, Texas. APPROVED: Max Wells President ATTEST: Frank J. Sturzl Executive Director TOTAL P.03 ....:.[um . ..:...: Issue Discuss and Consider a request from Richard Parker to abandon the alley between Lots 6, 7 and 8, and Lots 1, 2, 3, 4 and 5 of Block 15 of the Railroad Addition. Background Richard Parker has made a formal requested to abandon the alley on his property located South of Hwy. 78 between Third and Fourth Street, with Oak Street bordering their South property line, in the Railroad Addition. He believes that this alley abandonment would make the property more desirable to attract prospective buyers/developers. There are no City of Wylie utilities installed in this alley, nor any for Lone Star gas or TU Electric. This entire tract is a vacant grassy field and the alleyway is an unimproved surface that is not used as an alley. Staff Recommendations City Staff recommends approval of the alley abandonment. Attachments Attached is a copy of the request from Richard Parker, the plot plan and legal description for the property and a location map. A� Prepared y Community Dev. Appr al City Manager Approval RICHARD PARKER, INC. NEW CONSTRUCTION AND RESTORATION RICHARD PARKER • P.O. BOX 307 • WYLIE, TEXAS 75099 98 • (214) 442-5114 September 8, 1995 Mike Phillips City of Wylie P.O. Box 428 Wylie, Texas 75098 Dear Mr. Phillips, I own the property located at Lots 1-8 Block 15, Railroad Addition, Wylie, Texas . I would like to request that the alley between these lots be abandoned by the City of Wylie . Please place this request on the council agenda at the earliest possible date . Thank you, 1 1mhdW Ric and Parker ,v 1 o's, cP THIRD STREET (70' R.O.W.) ''�tqe �'95, .6 P.P. ^ ¢ Lt. N 00'00'00" E _163.79' Vie jR °e i NI �( v i - / O 27,322 Q. FT. j \,.,rm. I . 6 7 a \� b' CONC mr,,.1 e MP 4 00 o,lL hlh.IEC.—.rP. e b 'r ,zl I I \oa S� W+ Ol/¢ U-tNn. 20' 9 0.0'00'00" It 265.71' A1.1.FY i/¢ 1.A rim. - N 0700'00" E -201.73' -- �OP.r. J0 t/¢ LA t/Ef —I-- �—T- -7-1/¢ I.A an O� % i PO I ONC. I II I t sr\ 0 o Pl.°m I I I u DI 41,120 SQ. FT. 1 \,o j 5 3 I 2 I 1 \,•, ,!?,,,I r.P. I I I I r/r I.R. .\ z El \J j — - —c- '.P. OVP2Olf.Vi j P, EIATRIC -. 060006" ir .350.00' r.r. -`''OVLRR!AD iiacirtrc r.r. r,NAR.sr, I7+-RfP. r==IIe R.C.P. FOURTH STREET (70' R.O.W.) PROPERTY DESCRIPTION Being Lots 1 through 8, Block 15, of Town of Wylie, also known as Railroad Addition, an Addition to the City of Wylie, Collin County, Texas,according to the Plat thereof recorded in Volume 77, Page 494, Deed Records, Collin County, Texas. All of the subject property lies within Zone"X'(areas determined to be outside 500)•car flood plain)according to the Flood Insurance Rate Map Community Panel Number 48085C0420 E dated April 2, 1991. GF NO.95 II')'355246-X JOB NO. 262-95-1001 SURVEYOR'S CERTIFICA7E I,Donald f.Jackson do hereby certify that this survey was made on the ground and correctly shows the boundary litres with dimensions .of the land indicated hereon,correctly shows the location of all structures and other noticeable improvements and visible items on the subject property,correctly shows the location of all alleys,streets,easements,and other matters of record of which I have been advised affecting the subject property,and except as shown, Ire are i o-visihlee senrents,party walls,or conflicts on subject property. / i/5'r..E',Iv . _1-, Donald,l.Jack. it Registered Professional Land urveyor No.3949 JACKSON & ASSOCIATES LAND SURVEYORS 2600 W. F.M. HIGHWAY NO. 544 WYLIE, TEXAS 75098 (214)442-4045 JOB NO. SCALE DA'I'E DRAWN BY GF NO. 202--951001 1" = 50' 3/21/95 S. REESE 95 WY 3552,10--X "a7-:Trmr3ra cwrarmerger'A'.�.ww.+n......�rl -- .:..van.wc....r....o.....wn..�.n...-a.vua.....n.✓r..i.�.....u... SEP-00-95 FRI 09 : 16 RICHARD PARKER: INC. 2144423125 P. 02 JACKSON & ASSOCIATES LAND SURVEYORS ALLEY DESCRIPTION Being a tract or parcel of land siktaltd in Block IS of the Railroad Addition, an Addition to the City of Wylie, Collin County, Te$14, and being mot*particularly described as follows: Beginning at a 1/2 inch iron rod found in the north right-of-way line of Oak Street(70'R.O.W.) for the southeast corner of Lot 6,Block 15 of the Rai road Addition, an Addition to the City of Wylie, Collin County, MOW Thence, N 00'°00'00"E,a distance of 265.71 feet to a 1/2 inch iron rod found for the northeast corner of.Let 8, Block 15 of said Addition, being on the southerly right-of-way line of State Highway I. 78; Thence, N 51° 18'17*E,along said right-of-way line, a distance of 25.63 feet to a 1/2 inch iron rod set for the most westerly Northwest corner of Lot 1, Block 15 of said Addition; Thence, S 00°00'00"W, a distance of 281.73 feet to a 112 inch iron rod set in the north right-of- way line of said Oak Street for the southwest corner of Lot 5, Block 15 of said Adfition; Thence, N 90° 00' 00" W, along said right-of-way line, a distance of 20.00 feet to the Point of Beginning and containing 5,474 square fret or 0.126 acres of land giro W. FM HIGHWAY 544 WYLIE, TEXAS 75098 (214)442-4045 • • ..v•Lt*:4.4":-- -l ♦ I , t o1 � �5 N.. r- 33 isii - = • • • • lb cs Jr it ` Q .a � tea♦ - r • • N. • '� _ •: • n - 0 _ o • • • ff j, T- t• N. • ^ • • • • • • • • Ili • • • S. • . .;..::.:.. .. """""'""."'"b"""""."'"' ,„„„„„„4„.. as:... Issue The 1994-1995 Fiscal Year has just ended. It is time to make arrangements to have the City's books audited. Background Section 13 of the City Charter requires an annual outside audit of the City's financial statements. In addition, the Federal Government requires a single audit of all the City's federal grants. The same audit firm will be completing the annual audits required for the Development Corporation of Wylie and the "4B" Parks and Recreation Development Corporation. In 1991 an RFP for audit services was completed and the audit firm of Rutledge Crain & Company, PC was selected. It is routine for municipalities to schedule audit firms on a three to five year rotation. Rutledge Crain & Company, PC has audited the past four fiscal years, beginning with 1990-1991. The 1994-1995 fiscal year will be the fifth audit by this audit firm. We have been pleased with the prior years' audit work and recommend use of the same team for the current audit. Financial Considerations The estimated cost of audit services for Fiscal Year 1994-1995 is $14,500 per the engagement letter. The preceding year's audit cost was $14,500 as proposed in the 1993-1994 engagement letter. The 1995- 1996 Finance Department budget includes $16,500 for audit fees. The invoiced fee will be based on actual time spent on the audit plus expenses. Significant additional costs will be approved by the City in advance. Staff Recommendations The staff recommends the City Council approve the engagement letter for audit services as submitted by Rutledge Crain & Company, PC for the fiscal year ended September 30, 1995. Attachments Engagement Letter from Rutledge Crain & Company, PC Schedule of Audit Payments to Rutledge Crain & Company, PC /,_22(„77:4.e )rflk 29 repared by ( Fina a Dir. App val City Mgr. Approval RUTLEDGE CRAIN & COMPANY, PC CERTIFIED PUBLIC ACCOUNTANTS Attachment A 1601 E. Lamar, Suite 109 Arlington,Texas 76011 Metro(,817)265-9989 Fax(817)861-9623 September 30, 1995 City of Wylie do Mr. Brady E. Snellgrove, Director of Finance 2000 Hwy. 78 N. Wylie, Texas 75098 We are pleased to confirm our understanding of the service we are to provide for the City of Wylie, Texas ("City"). We will audit the general purpose financial statements of the City as of and for the year ended September 30, 1995. Our audit will be made in accordance with generally accepted auditing standards and will include tests of the accounting records of the City and other procedures we consider necessary to enable us to express an unqualified opinion that the financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. If our opinion is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit, we will not issue a report as a result of this engagement. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Also, we wiii plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of misstatement. However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that material errors irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. We will advise you, however, of any matters of that nature that come to our attention. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. We understand that your employees will assist in preparing confirmations with third parties and certain workpapers and schedules as we may reasonably request and will locate any records selected by us for testing. Our audit is not specifically designed and cannot be relied on to disclose reportable conditions, that is, significant deficiencies in the design or operation of the internal control structure. Members: Christian A.Rutledge,CPA American Institute of Certified Public Accountants Lewis Crain,CPA Texas Society of Certified Public Accountants City of Wylie Attachment A September 30, 1995 However, during the audit, if we become aware of such reportable conditions or ways that we believe management practices can be improved, we will communicate them to you in a separate letter. Our fee for this service will be based on the actual time spent at our standard hourly rates for audit engagements, plus out-of-pocket costs such as typing and postage, etc. Our invoices for these fees will be rendered at the completion of interim field work, final field work and upon presentation of reports and are payable on presentation. Based on our preliminary estimates, the fee should approximate $14,500. This estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional cost. We appreciate the opportunity to be service to the City of Wylie and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign one of the enclosed originals, return it to us, and retain the other for your files. Sincerely, 44/..if4z....c/40_,!"_„/61671 C__ RESPONSE: This letter correctly sets forth the understanding of the City of Wylie, Texas. By: Title: Date: [...,:„,..,...,..,:,:,..,..,:,:,:,..,..,:,..,..,:,:,:,...,:,,:„„„:„..,,..„.:.„:::.,E.ii.-:. .,I.,.,:..„„,.....„..„„„„„„„„„„,,.....„„„„iiiirvite„.„.„ici:. ..........„.......,„„,tiaiti '','',•::::•.''.:','''....:.:'''•„':':•':.:•..:•:•'..:•:'.:.'..:•:'..:•:::..:'..'...:****,:'....::...,:''...:.....:''','",:'...,'',....:'.•:'•:'•,..:••••:'.,'.•:''','...:''','..:.'...,'',':',.'',:..•::.'.,'•',..:•••:::'.,:••••:'•',.:•••:'',..:.:'',:,'',;',''','','',':','',:....',.'',:....:,.....,;',:...,'',''....,..:::,':,.'.:.'',',.'•..'::.:','',:.•:':•:'.,'.:•:.*:..'„,....,'','',...•',::•:.::•:......,........,':,,,.::.':•...::':•''::•:'' ::::::.'''''''''''''':'''''''''.....:::.:::.''''''''''' rich 7 ,,,,,,,o,,,o,,.,,,...,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...,i,..,..0:mi,,,,,iiiii].,,,,.,„„„,i,„„,mi,...::::::,,,,,,:„,:„,,,,„p,„„„„.0.q,o,„„„„.1,„„.„„,,,,..::::am,1,,„„,,,I,,,„„„,,,,,,„„„„„„,„„„„„„,,,,,,„„„,„„,„„„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,„„„.„,„„„„„„„„„„„: „,:..„„.:•:„.:......„„„,,.....„.......,„„,„„,„„„,„ -,,J,,-,]:-,...„-dmiii-,..,-....iiiiimal:...:„..0.4fiewnditimoinitatikutionittricktobteriiilft4.1995. .ii.ii.igg!!!!ii.li.in.ig,,..i::i!i,:e.i.,..Emi!, ,....,,,,,,.:,:!..,...,•:,:,7E,:,:,.,.E,,,.,.,,,,,,,,,,,,,,]. ::.:::::„.....„.....,.,„..,.,.,.,.,..,.,..„.„..„.:..,„:„,,,,,,,,,,,,,,........„.......,,,,,,.:.:.:.:.:....::::::::::,,,.,,,,:„..,,,,,,,,,,,,....,,,,,,,,,,,,,.....,,,,,,,,,,,,,,..„:,„„:„.„,:„.„.....„...,.....„.....„.„.„„,:„„„,...,...„,...,...,...„,...,...,...,...„,...„,...„,...„„„„„„„,„:„,::::::::::::::::::::::::,,,:„„„,::.„,:„„„„:„.„„„,.,:,„„„„„„:,,„„....,...„„„,..„,..,...............„.:,:::::::::::„..........:::::::,:::::,,,:,:,:,:.....,•.,:,:,:,,,:,,,,,,,,,,,,,,,,,,,:,,,:,:,,,:,,,,,: .......,„..............„...,„..,:::::,::::::::::,::::„........„,:::::: ................................................................................................................................................................................................................ .... .:.,,.„.::..„.„........,::::::::::::::::::::::::::::............,..:::::„.............„.........„:::::::::::::::::::::...........................„...............„................................:..........................„..........,.,.............„.......:..........:.,....,...„.„.:....,......................:.:.:.:.:.:.:.:.:.:.,.............,....:.:.:.:.:.:.:....,.:....,.,.:.:.:.,..........„.:....:.:.::::,.....,„„„::::::::::::::::::::,....:,,,,::::::::::..:::::„. ......-.........................,..........-....................................................----..........—............................................._.............................•••........_...,......_......•.............._..........•........_ .........................................................................................................................................................................................................................................................................................„.................... .................................................................................................................................................................................................................................................................................................. ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ••• .....................••••••••••••••••••..................................••••••••••••••••••••••••••••••••••••••••••••••••••••••••••.................... ...............................................................................................................................................................................................................................................................................„.„.......„................... ...................................................................................................................................................................................„............„....... ........_______________,.................. iiiiill..:IIIIiii.16.111i.1.11•111111hititiflotj.jfifig�+ ........................................................................................................................„„„...„...„....... ..... ............... 544:::::. >:..:::... .. 13' ' Issue Discuss and consider approval of an Interlocal Cooperative Agreement between Collin County and the City of Wylie for the engineering and design of the F.M. 544 and F.M. 1378 intersection construction project (the project). Background This project was approved in the 1995 Collin County Bond Program. Collectively, the County, WISD and the City, determined that completion of this project is needed immediately to improve traffic flow and air quality, and to mitigate congestion and improve safety. The need to complete the project has been made more compelling because of the location of the new WISD High School (scheduled for opening in Fall of 1996) and the City of Wylie Athletic Field Complex. The reconstructed intersection will contain six lanes divided in each direction, with free right turn lanes at all four corners, two left turn lanes in all directions, and related drainage improvements. Signalization improvements will be completed separately. The purpose of this agreement will be to allow the County to fund the City for the cost of right-of-way acquisition, and the preparation of engineering design plans and specifications and construction. The City's involvement should help expedite the process. Please refer to the Agenda Communication Item #8 for further details on the project. Collin County Commissioner's Court approved the agreement on August 28, 1995. Financial Considerations The 1995 Collin County Bond Program allocated $1.5 million in funds for the engineering design and construction of the project. The City will incur no expenses. Legal Consideration The Interlocal Cooperation Act, Chapter 791 Government Code V.T.C.A. provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act. Recommendation Staff recommends approval of the agreement. 4/C6 Tr)Aka- Ce4144' Prepared By Community Dev. Ap oval City Manager Approval 41 COLLIN COUNTY 1. Department of Public Works September 17, 1995 Mr.Mike Collins City Manager City of Wylie P. O. Box 428 Wylie,Texas 75098 Re: Interlocal Cooperative Agreement Between Collin County and the City of Wylie/F.M. 544&FM 1378 Intersection Improvements Public Works Dear Mr. Collins: I am transmitting herewith two original copies of the above subject Interlocal Agreement and the Commissioners' Court Order approving the Agreement. Following approval and execution by the City of Wylie,please return one copy for our records. .If you have any questions,please call. Sincerely, 's - C1, = ' .�-ram Ru en E.Delgado,P.E. Assistant Director ofPubhc Works-Engineering RD/lrj xc: Mayor Jim Swartz Bob Lindberg RD#20/APARKERAG 210 S. McDonald, Suite 622 • McKinney, Texas 75069 (214)548-4619 •Metro 424-1460 Ext. 4619 • FAX (214)548-4699 COURT ORDER NO. 95- .��f g -08-28 THE STATE OF TEXAS APPROVAL OF INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITY OF WYLIE AND COLLIN COUNTY/F.M. 544& F.M. 1378 INTERSECTION IMPROVEMENTS COUNTY OF COLLIN PUBLIC WORKS On August 28, 1995, the Commissioners' Court of Collin County, Texas, met in special session with the following members present and participating, to wit: Ron Harris County Judge, Presiding Phyllis Cole Commissioner, Precinct 1 Jerry Hoagland Commissioner, Precinct 2 John Witherspoon Commissioner, Precinct 3 Jack Hatchell Commissioner, Precinct 4 During such session the court considered a request from Public Works for approval of an Interlocal Cooperative Agreement for F.M. 544 and F.M. 1378 intersection improvements. Thereupon, a motion was made, seconded and carried with a majority vote of the court approving the Interlocal Cooperative Agreement between the City of Wylie and Collin County for F.M. 544 and F.M. 1378 intersection improvements, further authorizing the County Judge to execute the attached Interlocal Agreement. Ro Harris, oun Judge • ea€4.._ Phyllis C , Corn sioner, Pct. 1 Je oagland, C missioner, . 2 John Wit rspoon, Commissione , ct. 3 Jack Hatc ell, Commissioner, Pct. 4 ATTEST: • Helen Starnes, Ex-Officio Clerk Commissioners' Court Collin County, TEXAS c:\court95\courtorders\WyIie544 , Inte.rlocal Agreement Between Collin County & City of Wylie for the Design and Construction of the FM 544 and FM 1378 Intersection in Wylie, Texas WHEREAS, the County of Collin, Texas, hereinafter called "County', and the City of Wylie, Texas, hereinafter called"City", want to enter into an agreement for the construction of the intersection improvements at FM 544 and FM 1378, hereinafter referred to as the "project". The project shall consist of: • The construction of six lanes divided on FM 544 and FM 1378 • The construction of free right turn lanes on FM 544 and FM 1378-all four corners • The construction of two left turn lanes in all directions; and • The construction of temporary transition, traffic control, safety and drainage improvements. WHEREAS, the 1995 Collin County Bond Program allocated $1,500,000 funds for the engineering design and construction of the project;and WHEREAS, Commissioners' Court has determined that the project engineering plans and specifications for the construction of the project shall be administered and managed by the City of Wylie in order to expedite the design and construction of the project;and WHEREAS, the City, County and the Wylie Independent School District have determined that project improvements are needed immediately to improve traffic flow, air quality, and mitigate congestion, improve safety;and WHEREAS, the Interlocal Cooperation Act, Chapter 791 Government Code V.T.C.A. provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the terns of the Act; NOW THEREFORE,this agreement is hereby made and entered into by County and City upon and for the mutual consideration stated herein: I. The City hereby agrees to contract with consulting engineering firms to provide engineering services and prepare the engineering plans, specifications and right-of-way field notes for construction of the project as herein described. Additional services shall include preparation of and application for any required state or federal permits or other documentation. Page 1 of 2 II. The City and the Couirty hereby agree that the City will provide the Texas Department of Transportation plans and specification estimates for the advertisement of bids for the construction of the project. The City agrees that the intersection design shall be in accordance with the Texas Department of Transportation policies and specifications. Advertising for bids, taking bids, and all phases of construction shall be administered by the Texas Department of Transportation. IIL The City hereby agrees to acquire all the right-of-way and easements for the project in accordance with the TxDOT policies and procedures. IV. The County hereby agrees to fund the City for the cost of right-of-way acquisition, the preparation of engineering design plans and specifications and construction. The total amount the County will fund the project shall not exceed a total of$1,500,000 which is the maximum allocated to the Project by the 1995 Bond Program. The County shall reimburse the City for all costs associated with the preparation of the engineering plans and specifications. The City shall provide the County copies of the contractual agreement for engineering services to the County. V. The City hereby agrees to provide copies to the County of all plans, specifications and right-of- way schematics for County approval. VI. The County shall forward directly to the TexaS Department of Transportation the funds needed by the Texas Department of Transportation for awarding the project construction contract. Executed this�o,--day of az .tot 1995, by the County of Collin, pursuant to Commissioners' Court Order No. , and by City of Wylie pursuant to City Council COUNTY COL IN,TEXAS Ron arris, County Judge CITY OF WYLIE,TEXAS Mayor, City o/'Wylie RD#19/A:AGREEWY Page 2 of 2 ....i.tv„ ....... .....:.i.:.:....c. ....tiiinitii.zr,,:,i7r,::.:;17::.i;, :.,:.!::iii;a,:.„:.,:.,:.,,gg: i,,,,;:::,g,ig,g,g,g,:„;i.i..„.,::.„:::::„, „:„:—.:„.„:.„.„.„.„..7... :„.„.„.„.„.„..„.„:„8„,,,„:::::::::::::„: .::::::.::.::.::.:.:::::.:: �n::: IIF:: ober Z4, ' '' :...:> .1 " . ....................... Issue Consider entering into a contract with the Hogan Corporation to provide Engineering services for the re-design of the proposed improvements to the intersection of FM 544 and FM 1378. Background TxDot has completed plans to widen FM 544 from Plano to FM 1378 in Wylie. The plans include a median break with a single left turn lane on the east bound side of FM 544 at FM 1378. Since the plans were completed, the WISD has purchased land on the southeast corner of the intersection of FM 1378 and FM 544 and is currently constructing an extension of FM 1378 to the south for the purpose of serving the new High School. The new improvements have prompted officials of the WISD, the City, the County and the State to propose that the improvements to the intersection be constructed prior to the overall FM 544 project. Furthermore, other features will be added to the project, including additional left and right turn-only lanes on both FM 544 and FM 1378. Specifically, the adjustments to the existing plans will include the addition of two left turn-only lanes in both directions along FM 544, as well as allowances for two left turn-only lanes in both directions along FM 1378. A single right turn-only lane will be added or provided for in both directions on both roadways as well. This project will also include the adjustment of proposed storm drainage improvements. The City and County are currently addressing issues related to signalization at this intersection. Approval for temporary signalization, to be installed in June 1996, is currently being sought. Permanent signalization will be completed concurrent with intersection improvements. Financial and Time Considerations The County has entered into an Interlocal Agreement with the City, using 1995 Collin County Bond funds, to pay for engineering services on this project. The County will also be paying for the overall construction of the project and all right-of-way acquisition. All of these adjustments to the existing plans will require extensive re-design and re-packaging of the original project. The lump sum fee for performing the engineering services on this project per Work Order No. WYL-11, is $54,000. Based on the proposed intersection re-design, and similar projects constructed recently in the vicinity, the projected cost of construction of this project is approximately $1,325,000. The Engineer, the City, the County, the School District and TxDot will endeavor to work together to complete all phases of this project as quickly as possible. This project will not be completed by the time the new High School opens in the fall of 1996. However, the intersection will be open to traffic, with an extensive traffic control system implemented during the construction phase. Construction is expected to take ten to twelve months. If construction begins in the early spring, the project should be substantially complete by the end of 1996. Staff Recommendation Staff recommends entering into a contract with the Hogan Corporation to provide Engineering services in the design of the improvements for the intersection of FM 544 and FM 1378. Attachments Design Contract from the Hogan Corporation, Work Order WYL-11 and cover letter. Thin -led C-6"Q(21;D Prepared y Community Dev. Appro I City Manager Approval THE HOGAN CORPORATION Engineers • Planners • Consultants October 18, 1995 Honorable Mayor and City Council City of Wylie P.O. Box 428 Wylie, TX 75098-0428 ATTN: Mike Collins, City Manager RE: Proposed Adjustments to the TxDOT Plans for the Intersection of FM544 and FM1378 Dear Mayor and Council Members: Transmitted herewith are four (4) originals of Work Order No. WYL-11, dated October 18, 1995 for the above referenced project. Please review this work order and if it meets with your approval, please sign and date all originals, retain two (2) copies for your records, and return two (2) to our office. Should you have any questions or require additional information, please contact this office. Sincerely, • THE HOGAN CORPORATION Gregory . MacLean, P.E. Vice President Enclosures Member, Consulting Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620 inor Member, American Consulting Engineers Council North Dallas Bank Tower Dallas, Texas 75230 TEL: (214) 392-4600 FAX: (214)490-7163 October 18, 1995 WORK ORDER FOR PROFESSIONAL SERVICES WORK ORDER NO.WYL-11 This will constitute authorization by the City of Wylie, Texas (City), for The Hogan Corporation, Engineers-Planners-Consultants, Dallas, Texas (Engineer), to proceed with the following described engineering services, pursuant to an "Interlocal Agreement" between the City and Collin County (County). Said "Interlocal Agreement" provides for the City to be reimbursed for fees paid to the Engineer for design services on this project by the County using 1995 Collin County Bond Funds . PROPOSED ADJUSTMENTS TO THE TxDOT PLANS FOR THE INTERSECTION OF FM 544 AND FM 1378 A. PROJECT DESCRIPTION The Texas Department of Transportation has completed plans to widen FM 544 from Plano to FM 1378 in Wylie, Texas from the existing 2-lane undivided thoroughfare to a concrete, curb- and-gutter, six-lane divided thoroughfare. The completed plans include a median break with a single left turn lane on the east-bound side of FM544 at FM 1378. Since the plans for FM 544 have been completed, the Wylie Independent School District (WISD) has purchased land on the southeast corner of the intersection of FM 544 and FM 1378 and is currently constructing an extension of FM 1378 to the south of FM 544 for the purpose of serving the new high school which is also under construction on that site. These new improvements have prompted officials of the WISD, the City, the County, and the State of Texas to propose that the improvements to the intersection be constructed prior to the overall FM 544 project and that other features, (additional turn lanes, etc.) be added to the project. The engineering plans for the overall FM 544 project have been complete for some time, and the design engineer is no longer under contract to TxDOT, therefore, any further adjustments to the plans will require a new design contract. The Hogan Corporation (Engineer) shall perform the Design Phase Services and such other related Additional Services that may be authorized by the City to perform the proposed adjustments to the TxDOT Plans for the paving and drainage improvements along FM 544 in Wylie, Texas. The design of the proposed improvements will include revisions to the existing plans for the widening of FM544 from Plano to FM 1378 which will be provided by TxDOT. -1- October 18, 1995 Specifically, the adjustments to the existing plans will include the addition of two, left-turn lanes in both directions along FM 544 as well as allowances for two, left-turn-only lanes in both directions along FM 1378. A single right-turn-only lane will be added or provided for in both directions on both roadways as well. The project will also include the adjustment of proposed storm drainage improvements. Based on the proposed intersection design, and similar projects constructed recently in the area, the projected construction cost for the proposed paving and drainage improvements is approximately $1,325,000. This cost projection was prepared for reference purposes only and is not guaranteed as the exact amount which will be bid for furnishing and installing the proposed improvements. The actual cost of construction will be paid for by Collin County out of 1995 Bond Funds. A map is attached to show the general location and limits of the proposed project. The services described herein are to be performed in accordance with the applicable sections of the Agreement for Engineering Services by and between the City of Wylie, Texas (City), and The Hogan Corporation(Engineer), as approved on July 27, 1993. B. PRE-WORK CONFERENCE The Engineer will meet with the City, TxDOT, and other appropriate entities to discuss the design criteria, work program and schedule, procedures of communication, additional surveys, assignments of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this street paving and drainage improvements project. Other work and review conferences will be scheduled throughout the progress of developing the project. C. DESIGN PHASE 1. Preliminary Design a. Confirm the design criteria requirements, funding, and schedules with the City, County, and TxDOT. b. Take photographs of the existing conditions along the route of the project site to identify areas of special concern in design and possible problems to resolve. c. Perform pre-design study of the proposed roadway and drainage improvements. -2- October 18, 1995 d. Present recommended schematic layout, typical sections, alternatives for street construction, drainage systems design, and plan for the proposed initial phase of improvements. e. Prepare alternate layouts, where it may be needed during construction, for traffic flow and control, detours,turning movements, etc. f. Determine right-of-way and/or construction easement requirements and procedures for acquisition, where required. g. Identify potential areas requiring landscape restoration along the proposed alignment for the new curb and gutter and storm drainage improvements. h. Establish priorities for construction and scheduling for coordination with other projects in the area. i. Schedule, as needed, meeting(s) with representatives of the City, County, TxDOT, and property owners. j. Review previous field work completed, and determine additional surveys required. Establish the benchmark datum. k. Review subsurface conditions from soils investigation reports, and identify areas for additional study,where required. 1. Address other considerations of the project, such as utility relocations, adjustments, replacements, etc., and note locations where conflicts may occur. m. Prepare update on construction cost projection. n. Reduce and plot field notes of profile, cross-sections, and topography. o. Confirm existing utility (water, sewer, drainage, gas, cable, TV, telephone, electric)locations, depths. p. Set preliminary alignments and locations for the proposed centerline, pavement transitions, and curb/gutters. q. Prepare preliminary layout of storm drainage system and water and sanitary sewer mains. r. Coordinate preliminary layout of improvements with the City of Wylie, Collin County, TxDOT, property owners, and utility companies. -3- October 18, 1995 s. Field-check preliminary design. t. Present four (4) sets of preliminary design drawings and specifications with preliminary cost projections to the City and TxDOT for review and comment. 2. Final Plans and Specifications a. Draft plan and profile sheets to conform with final comments of the City and TxDOT from preliminary design review. b. Prepare final details. c. Prepare traffic control plan for construction phase per TxDOT Standards. d. Prepare quantity of materials. e. Prepare final documents per TxDOT requirements. f. Prepare projected cost of construction. g. Submit one (1) set of prints of the final plans and specifications to the utility companies for review and comment. h. Present two (2) copies of plans and specifications to the City and TxDOT for final approval. 3. Additional Services for Design Phase a. Coordinate Field Surveys with City's Surveyor: - Locate existing structures and related facilities pertinent to design of the street paving, drainage, and utility improvements. - Establish benchmark data for vertical control. - Establish baseline and grid system for horizontal ground controls. - Obtain additional field data, cross-sections, etc., as necessary. - Obtain additional information of locations and depths of all existing underground utilities. b. Coordinate and/or perform preparation and submittal of Environmental Impact Statement (EIS) or Environmental Assessment (EA) and all related tasks thereof. -4- October 18, 1995 c. Coordinate acquisition of any needed rights-of-way and/or easements. - Prepare descriptions and displays. - Any contact and/or negotiations with property owners. d. Perform any and all additional design or administrative services which may be required by the County or TxDOT which are not directly addressed by this Contract as authorized by the City. D. CONSTRUCTION PHASE Bid letting and all construction phase services to be handled by TxDOT. E. RESPONSIBILITY OF THE CITY,COUNTY,AND TxDOT Unless otherwise authorized in writing, the City, County, and TxDOT shall be responsible for the following services: 1. Provide the Engineer the assistance needed for collecting data from existing records for the design of the street paving, and drainage improvements, including, but not limited to, existing engineering plans, survey documents, and electronic data or drawing files. The acceptance and use of the data furnished to the Engineer shall not impose any obligation upon the Engineer to determine that the data is true, accurate, complete, or correct. 2. Provide the services of a qualified surveyor to furnish the necessary field data for the design of the proposed improvements. 3. Prepare field note descriptions for right-of-way acquisition where it may be required for revisions in street alignment, drainage structures, and utility improvements. 4. Prepare applications for routine permits required by Collin County or TxDOT. 5. Arrange for and coordinate the subcontract services of a Geotechnical Consultant for the soils investigation, as may be required. Also, the Geotechnical Consultant will investigate the soil conditions and recommend the requirements for preparing a trench safety program. -5- October 18, 1995 F. BASIS OF COMPENSATION 1. Availability of Funds The City agrees that funds, to the extent required, are currently available and sufficient to complete all phases of the proposed engineering services authorized under this Proposal. All invoices submitted by the Engineer and approved by the City shall be paid within thirty(30)days of the invoice date. For any payments not made within thirty (30) days, a charge will be made monthly in the amount of one and one-half percent (1-1/2%) of the unpaid balance, beginning thirty(30)days from the date of the statement. 2. Design Phase a. Engineering The City shall make payments to the Engineer for performing the engineering services described in the Design Phase, Section C.1., 2., 3., 4., on a monthly billing basis in proportion to that part of the services proposed herein which has been accomplished, as evidenced by monthly statements submitted by the Engineer and approved by the City. Final payment shall be due upon completion of these services. The compensation for the engineering design services performed shall be based on a lump sum amount of $54,000.00. b. Additional Services For Design Phase For performing the Additional Services For the Design Phase as described under Section C.5., the Engineer will assist the City, as directed, and is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5. The Engineer is to be reimbursed for all direct non- labor, field surveys, and other subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. -6- October 18, 1995 3. Construction Phase a. Additional Services For Construction Phase For performing the Additional Services For Construction Phase, as described in Section D.3., the Engineer is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5, with reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. 4. Other Special Services-(As Directed By The City) If authorized in writing by the City, the Engineer shall furnish other services or tasks in addition to the scope of services proposed herein. For performing these special services, the Engineer shall be paid on a monthly billing basis at a per diem rate of the personnel's Salary Cost times a multiplier of 2.5, with the reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. G. TIME FOR COMPLETION The Hogan Corporation is aware of the City's desire to complete this project as quickly as possible. Accordingly, the Engineer will endeavor to complete the work as quickly as possible. The design work to be performed, as authorized herein, is projected to be substantially completed within sixty(60) calendar days after the approval of this Work Order. This contract time does not, however, include allowances for review time by the various agencies, or time required for acquisition of easements or rights-of-way. -7- October 18, 1995 APPROVED: ACCEPTED: CITY OF WYLIE, TEXAS THE HOGAN CORPORATION By By Mike Collins Gregory S. MacLean, P.E. City Manager Vice President Attest Attest Date Date -8- egF immgmoi Issue Consider a Recommendation for awarding the final contract for paving, drainage, water and sewer improvements for the Premier Business Park. Background Sealed bids were received and opened on August 30, 1995. East Texas Construction was the apparent lowest bidder. The Hogan Corporation received information requested by letter on September 8, 1995, listing Bonding Information, References, Previous Projects, Current Project Work Load, and Personnel from East Texas Construction. This information was reviewed. Attempts were made to contact the references, but none of the calls were returned prior to September 19. The conclusion reached by the City Engineer was that there was sufficient basis to question specific financial situations and the quality of workmanship of East Texas Construction, Inc. Specifically, the main items of concerns included: Latimore Materials (a concrete supplier) has filed a letter of intent to file a lien on East Texas Construction for a past due amount of approximately $12,000, unsolicited and unfavorable opinions were received from the City of McKinney Staff, the City Engineer, his assistant and two inspectors regarding the quality of workmanship and general project management, and a project, listed as a previous project completed in Rowlett, never even had a contract letting. The Development Corporation of Wylie, met on September 19, 1995 to consider award of contract for Premier Business Park. BASED ON THE INFORMATION AVAILABLE AT THE TIME, the City Engineer recommended that the contract be awarded to the second lowest bidder, JRJ Paving, Inc. All information on JRJ Paving, Inc. was complete and indicated a responsible bid proposal. The Corporation voted unanimously to accept the City Engineer's recommendation. The following day, September 20, 1995, East Texas Construction, under the impression that the contract had been awarded, called the City Engineer, and the Purchasing Agent to find out why this decision had been made. The issue was clarified that the award of contract had not been made. East Texas then requested a meeting with the City Manager. The meeting with the City Manager took place September 21, 1995, with Rebecca Scott and Randy Loss from East Texas Construction and in conference call with the City Engineer. Mr. Ross assured everyone that the items of concern addressed in the meeting would be straightened out and that he would be sending the city additional information and documentation, which would correct the alleged inaccuracies in the information received. Calls from the references provided by East Texas Construction were received on September 21 and 22, 1995. None of the experiences were public works projects performed under direct contract with a local governmental entity. The comments regarding their private sector work were favorable. Ms. Rebecca Scott, owner of East Texas Construction, called on October 3, 1995, to ask whether the city still intended to award the contract to JRJ Paving, Inc. on October 10, 1995. She was told that no additional information had been received to this point which would alter the recommendation and that she was still welcome to appear before council and present her case. She would later say in this same in conversation that she had contacted an attorney and that she had a right to a "public hearing" on the matter. A FAX was sent to the City of Wylie on the afternoon of October 10, 1995 from the law firm Ford, Yungblut, White & Salazar regarding the "bid award" to be considered by City Council that evening at its regular council meeting. The City Council accepted a recommendation that the item be tabled and authority be provided to the City Manager to act as the City's designated representative and hold a meeting with East Texas Construction. This special meeting, coming almost two months after bid opening, took place Friday, October 20, 1995. A letter was sent to the attorney representing East Texas Construction prior to the meeting detailing the shortcomings which should be addressed. The results of that meeting will be discussed with the City the City Council on Tuesday. Legal Consideration The bid form and contract documents, pursuant to the Local Government Code and North Central Texas Council of Governments Standard Specifications for Public Works Construction, provides the following stipulation: "The right is reserved, as the interest of the OWNER may require, to award a contract for this project to a qualified low bidder, or to reject any and all bids and to waiver any informality in the bids received." Financial Consideration The two lowest bidders and bids were: East Texas Construction $404,394.65 JRJ Paving, Inc. $409,201.97 The difference in these bids is $4,807.32 or 1.2 percent. Staff Recommendations The Development Corporation of Wylie and The Hogan Corporation recommend award of contract for Premier Business Park to JRJ Paving. Attachments Letter from The Hogan Corporation and bid tabulation sheet. YAL kUt)2-Y \JSLk-k0 -N (4401a. Prepared By Comm. Dev. Approval City Manager Approval THE HOGAN CORPORATION Engineers • Planners • Consultants September 19, 1995 Mr. John Yeager,President The Development Corporation of Wylie,Texas P.O.Box 1467 Wylie,Texas 75098 RE: Paving,Drainage, Water and Sewer Improvements for the Premier Business Park Recommendation of Award of Contract ATTN: Mr. C.C. Womack,Executive Director Dear Mr. Yeager: On August 30, 1995,at 3:00 PM,sealed bids for the above referenced project were received at the office of the Purchasing Agent for the City of Wylie,opened and publicly read aloud. The Hogan Corporation has compiled a detailed item by item breakdown of the bids and checked the extensions of the items bid. No errors were detected that would affect the order of the bidders. The apparent low bidders on this project were East Texas Construction and JRJ Paving,Inc.. A"Bid Summary"with a detailed breakdown is attached for your reference. The Hogan Corporation has requested and received pre-qualification information from the two low bidders on this project, including references,bonding information,current work load,etc. We have reviewed the information supplied,and we have also endeavored to seek references from others not listed on the material provided. We offer the following observations: 1. Both contractors appear to have the financial stability and bonding capacity to perform the work as specified. 2. None of the references supplied by East Texas Construction Co. returned our calls. Therefore, we cannot comment on those references. 3. All references supplied by JRJ Paving, Inc. indicated that they were pleased with past performance and would have no hesitancy in using JRJ on future projects. 4. We have also contacted others not listed on the reference sheets supplied by the Contractor. In the case of JRJ Paving, Inc., no negative comments were received. However, several items of concern were discovered with regard to East Texas Construction. Specifically, it was reported that East Texas Construction has shown a tendency to argue over bid quantities,request change orders,and dispute specifications. 5. We have had a chance to observe some of the workmanship of both contractors. On a current project in McKinney,Texas,East Texas Construction has had serious problems with the installation of storm sewer. The work displayed was not acceptable to the City of McKinney and would not be accepted by Wylie either. McKinney is making them reconstruct the line. JRJ Paving,Inc. has performed work in the City of Wylie in the past. Projects include Birmingham Street and parts of the new high school. All work performed has been satisfactory according to City staff. Member, Consulting Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620 Member, American Consulting Engineers Council North Dallas Bank Tower Dallas, Texas 75230 TEL:(214) 392-4600 FAX:(214)490-7163 Mr. John Yeager September 19, 1995 Page Two 6. We have contacted Latimore Materials,one of the major concrete suppliers in the area, and they have indicated that they have a lien against East Texas Construction for materials supplied this year. Karen Fitzgerald in the Credit Department has indicated that Latimore would probably not provide concrete to East Texas Construction for this size project. The only other supplier in the area is Bodin Concrete in Rowlett,and the City has concerns as to the quality of product provided in recent months on other projects. Therefore, in light of the information referenced above,The Hogan Corporation recommends that the Development Corporation of Wylie strongly consider recommending to City Council award of the contract to the second low bidder,JRJ Paving,Inc. The bid form and contract documents provide the following - stipulation: "The right is reserved, as the interest of the OWNER may require, to award a contract for this project to a qualified low bidder, or to reject any and all bids and to waive any informality in the bids received" Please advise us to your recommendation to Council on this matter. We will be present at the next regularly scheduled meeting of the City Council of Wylie to answer any and all questions regarding this matter. We sincerely appreciate the opportunity to provide these services to you. Sincerely, THE HOGANe I RATION Gregory S.MacLean,P.E. 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F X o " g rg g n - P. 8 t li n G - o N g 3 8 A g . s K tit 0 81.._ -.1_8 : 8 "� 48 8 8 8 N -- 1 Issue Tonight's Public Hearing represents the first of two public hearings to allow interested parties an opportunity to be heard concerning the annexation of specific property along the FM 544 corridor. Background There are several purposes for this annexation. It will allow the city to consolidate its city limit boundaries. This will also eliminate pockets of county land that are bounded on at least two sides by property in the city. This creates certain service delivery challenges. Many of the properties are along the most highly visible corridor (FM544) coming into the City of Wylie. In order to maintain the standards that the citizens of Wylie have come to expect, the city must annex said property to oversee and regulate future development. To clarify terms used in this annexation, listed below are: Unincorporated - this area is surrounded by the city limits, but the city has no jurisdiction as far as requiring building permits, housing inspection, code enforcement, or zoning, but the city does require any platting of land to follow the Wylie Subdivision Regulations. City/ETJ -this area is the same as unincorporated property except this property is within one mile of the current city limits, allowing enforcement of Subdivision Regulations (paving, drainage, water, sewer) if platted. City-this area must conform with all standards set by the city and all services are made available to property owners. A service plan has been established for this area. A service plan must include police protection, fire protection, solid waste collection, maintenance of water and wastewater facilities, and maintenance of roads and streets, including road and street lighting. The City Council passed a resolution calling for the two public hearings on September 26, 1995. Legal Consideration Local Government Code 43.052, Annexation Hearing Requirements, states the governing body must conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. Local Government Code 43.053, Period of Completion for Annexation, states that the annexation of an area must be completed within 90 days after the date of the governing body institutes the annexation proceedings or those proceedings are void. Financial Consideration Attached is a table showing the possible financial expenditures that the city would incur. Recommendation Staff recommends holding the two public hearings to annex property along the FM 544 corridor. Attachments Map of Area to be Annexed Service Plan Financial Consideration ALSOLIcak. VAL ediuVlia. Prepared By Community Dev. AppOoval City Manager Approval FINANCIAL CONSIDERATIONS The following table shows the approximate projected costs (in today's dollars) of providing water and/or wastewater service to the properties being considered for annexation. The costs shown represent the cost to the City if the mains are funded entirely with City funds. It should be noted that in most cases, the cost of construction will be recouped when the properties being served are platted and developed, through impact fees, etc. These costs are projections only. Actual construction costs may vary in the future. FM 544 CORRIDOR ANNEXATIONS No. of Cost per Total Tracts Tract Cost Item No. 10 Extend wastewater service from an existing 8-inch sanitary sewer main in the Hooper Business 3 $5,600 $16,800 Park, east, approximately 1,000 feet to serve 3 tracts. Item No. 1 Extend water service from an existing 8-inch water main along FM 1378, westward along the 1 $24,000 $24,000 north line the Gladys Swanson tract, approximately 1,000 feet to serve the Witherspoon tract. Item No. 6 Extend water service from the existing 8-inch water main in the Premier Business Park, westward 8 $7,125 $57,000 following Hensley Lane (C.R. 297), approximately 2,400 feet to serve eight tracts. Item No. 4 Extend water service from the existing 20-inch water main along the south side of FM 544 to the 6 $11,667 $70,000 north approximately 1,400 feet to serve six tracts. Item No. 8 Extend wastewater service from the existing 24-inch Muddy Creek Interceptor Sewer westward, 2 $14,400 $28,800 along the north line of the 34.98 acre J.L. Brand tract, approximately 1,180 feet to serve two tracts. Item No. 7 Extend wastewater service from the existing 21-inch Muddy Creek Interceptor Sewer eastward, 1 $16,800 $16,800 approximately 700 feet to serve the Swanson tract. Item No. 9 Extend wastewater service from the existing 24-inch Muddy Creek Interceptor Sewer westward, 8 $19,125 $153,00C approximately 3,400 feet to serve eight tracts. Item No. 2 Extend water service from the existing 12-inch water main along north side of FM 544 northward 2 $53,000 $106,00( following Marshall Lane, northward and then eastward, approximately 2,400 feet to serve two tracts. Item No. 3 Extend water service from the proposed water main (Item No. 8 of this plan) northward, along the 3 $24,000 $72,000 west line of the Mannewitz tracts, approximately 2,000 feet to serve three tracts. Item No. 11 Extend wastewater service from the existing 30-inch Muddy Creek Interceptor Sewer east and 2 $46,800 $93,60C then northeasterly, along the tributary to Muddy Creek, approximately 2,900 feet to serve both the 17.5 and 37.96 acre Carlson tracts. _ TOTAL $638,00i 0 S T 0 0"Hankuv Sow P.\ .N.. Ruw:A A Nowaer,p,t ',,,:::sire.,*eat....47.Ac-. 7 TM w E9A�r'ren r.. g.�e .a a_,_. krei-. 441 CD �'� ,999 Mr.. ar.pnc r x'n 8 M. _tan♦gr.-<t AJu _.K.nsr t vu ? I w p��" R :' ,t Newel Hcawar • tY Weber . - ` aa. � ,. a99 k 4 1995 O ¢ K § rt.,. ;-Ittns‘ .. MM of t FM 544 CORRIDOR i �Vw�` 14.1-o-1 i at ,44. u � Darow Grn• rroacn has U d �i 51.y9 - volts .,—I li� 3 "3i :�kr g y �seo K... F..K9L.Dates k:s`a' ANNE1�A T 1ONS �x of.? y h a, µ CD YytiuuW�6'�,OFT.0 6t w�I r. it 1 # —4 acre I' k tabul ',/e.rfl °;$ a,T.C37, .P.9 *. 94 S :I _; iH Sa .._ ( Franoee 9aka W w 21,"After co _NC �tR _ �,i :;,:: Frances hm laT Aari9m LC) co • m if wit- B.C. ►�' �e A a Water 4 i CD ticp N = I I NEEDS WATER SERVICE a - y _ _ I I NEEDS SEWER SERVICE cn H va�r 6 — '. °` " NEEDS WATER & SEWER '° '"a J 'r" I I NEEDS NO ADDITIONAL SERVICE Li_ o ty f J Lr. CO -�+� I w -t--, p y cen w 49 taa ae Rawa N ,.a,k - / CT)a (13 — . a a) a cD _