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05-28-1996 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex May 28, 1996 7:00 p.m. CALL TO ORDER INVOCATION - Rev. Dan Stratton, Jesus Name Pentecostal Church PLEDGE OF ALLEGIANCE ACTION ITEMS 1. Discuss and Consider Approval of Minutes from April 9, April 16, and April 23, 1996 2. Discuss and Consider Approval of Contract to Danelle Wrightson, AIA, with Phillips Swager Associates for Architectural Services Relating to the Library Renovation 3. Discuss and Consider Approval of Renewing a Contract with APAC to provide Asphalt Material for Street Overlay Project 4. Discuss and Consider Approval of Administrative Agreement with Development Corporation of Wylie for Financial, Budget and Procurement Related Services 5. Discuss and Consider Award of the Contract for the Texas Community Development Program Water and Wastewater Project 6. Discuss and Consider Approval of Final Payment to J & R Concrete and Utility Contracting Company for Completion of the Part A of the 20" Water Main (Serves the New High School) 7. Discuss and Consider Appointing Two Board Members to the Development Corporation of Wylie STAFF REPORTS CITIZEN PARTICIPATION WORKSESSION 8. Discuss Concerns of Refuse Services with Browning Ferris Industries (BFI) EXECUTIVE SESSION 9. Hold Executive Session Under Section 551.075 Conference With Employees To Receive Information and Question Employees Regarding Pending Litigation, City of Parker v. City of Wylie, Cause No. 219.458.96, District Court of Collin County, Texas 219 Judicial District ADJOURNMENT Posted on this the 24th day of May, 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 Wy lie city ounc #1 Agenda Communication for May 28. 1996 Minutes for April 9, 16 and April 23, 1996 WAiR City Council #2 Agenda Communication for May 28, 1996 approval of the Architect for Library Renovation Issue Discuss and consider the approval of the architectural firm Phillips Swager Associates (PSA), as Architect firm of the Library Renovation project. Background The City of Wylie has determined that the current library facility, the Smith Public Library, is overcrowded and requires expansion to accommodate its collection and patrons. The City of Wylie is transforming from a self-contained rural community to a bedroom city with a developing industrial tax base. Our facilities have not kept pace with the service demands. The citizens, interested in the quality of life and educational opportunities, approved the collection of the 1/2 cent sales tax for Library and Park improvements. The Rita and Truett Smith Public Library requested interested firms to submit proposals providing architectural/engineering services for the renovation and expansion of the public library of approximately 7,000 square feet. Two interviews for the Library renovation project were completed on April 16. The interview panel consisted of Mike Collins, City Manager; Mike Phillips, Director of Community Development; and Mignon Morse, Library Director. The staff recommends that the firm of Phillips Swager Associates be selected for architectural services. Ms. Danelle Wrightson will represent the firm and serve as lead architect. Ms. Wrightson has completed over thirty libraries throughout Texas and the Midwest. She has designed libraries that are creative and functional for the citizens and staff. PSA has been recognized for its experience in library programming and design for the past 30 years. The firm has developed a reputation for projects being finished on time and within budget. Expertise, professionalism, and knowledge of libraries were demonstrated and exemplified throughout the interview. Prior to the interview„ Ms. Wrightson made a site visit to ask questions and tour the facility. In addition, she brought the architect team to the Library to tour the facility before the interview. The Library Director and staff are looking forward to the opportunity of working with a professional architect. The City is currently involved in several capital projects. The Library will be the most visible project in the community. The community has identified its focus to be on children. The children's area will be the emphasis in the renovated library. The vision and goals of the Library defined in the Long Range Plan will be manifested in the architectural design of the Library. The timeline is to finish schematic design phase by June/July; the design phase by August; and begin construction in October/November. Legal Consideration The Request for Proposal is a request for professional services. Therefore, a bidding process is not necessary. A contract was negotiated on May 7 between the City of Wylie and the Architect/engineering firm. The fee was established at $18,800. This contract was negotiated under Texas Local Government Code 51.014 which gives municipalities the authority to contract. Financial Consideration The 4B sales tax budget includes $225,000 for the renovation and expansion of the library facility. Approximately $18,800 will be used for an architect fee. Additional funding is being requested through grants. Board/Commission Recommendation N/A Staff Recommendation Staff recommends the approval of the request for proposal. ni‘trit/t - T :44 eeeeps.4, Prepared By Finance Dept. Ap royal City Manager Approval Wylie City Council #3 agenda Communication for May 28 1996 approval of Contract with APAC-Texas for Asphalt Services Issue Discuss and consider the one year extension option of a contract with APAC-TEXAS to provide for asphalt overlay and seal coating on city streets. Background Since December 1990, the City has maintained an annual contract for resurfacing and seal coating of asphalt streets. The contract affords a flat rate bid (firm for a period of one year) to provide all materials, labor and equipment necessary to perform the work, as ordered by the City. The street resurfacing program for fiscal '96 will require approximately 3,300 tons of asphalt overlay. There are no seal coating projects planned for this year. APAC-TEXAS, the largest producer of asphaltic concrete in the area, has been awarded the contract for the past three years and has consistently performed all work in a satisfactory and timely manner. APAC's capability to produce the hot mix required for their paving contracts enable them to continually underbid other paving contractors. This competitive edge and the nature of the contract, with a locked-in unit price and no guaranteed quantity of work, make it difficult to elicit bids from other vendors. Despite the dearth of competition, APAC has always given the City the benefit of decreases in raw material costs by lowering their rates for overlay work. With the current contract expiring this month, APAC has offered to renew the contract at last year's bid of $34.36 per ton of asphalt laid. The contract contains an option to renew for successive one year periods upon mutual agreement of both parties. Asphalt overlay projects scheduled to begin in June of this year include rehab work on Fourth Street, Skyview and Paul Wilson Road. Financial Considerations Funding for this item was approved in the FY1996 Budget. With the quoted rates from APAC, the projected cost for asphalt overlay for the '96 street resurfacing program is approximately $113,300.00. The General Fund operating budget for fiscal 1996 includes $250,000.00 in the Street Department's capital outlay for street and alley improvements, of which $116,000.00 is available for asphalt street resurfacing Legal Considerations The execution of the subject contract for asphalt overlay and seal coating was accomplished in compliance with the competitive bidding requirements contained in Chapter 252.021 of the Local Government Code. Council action to renew for an additional one year period would be consistent with the terms of the contract and the referenced Chapter 252.021. Board/Commission Recomendation N/A Staff Recommendation Staff recommendation is for Council to exercise the City's option to renew the contract with APAC- TEXAS to provide asphalt overlay and seal coating for an additional one year period commencing June 1, 1996. Attachments Correspondence from APAC-TEXAS. Prepared By Finance Dept.Au4oval City Manager Approval MAY 09 '96 12:39PM APAC-TEXAS,INC P. 1 MHO APAC-Texas, Inc. • Texas Bitulithio Division•2121 Irving Boulevard• P.Q. Box 224048 Dallas, Texas 75222-4048• (214) 741-3531 • FAX(214) 742-3540 May 9, 1996 City of Wylie P. 0. Box 428 Wylie, Texas 75098 Attention: Purchasing Agent Re: Bid NO. 95-05 Asphalt Overlay & Seal Coating Dear Mr. Holcomb: APAC-Texas, Inc. respectfully requests to renew the referenced bid, for an additional one (1) year period, subject to agreement by the City of Wylie_ Since material prices remained relatively stable or increased just slightly, the pricing would remain the same as Bid No. 95-05 . If this is acceptable, please respond in writing prior to the work commencing. Thank you for the consideration to allow APAC-Texas, Inc. to continue providing asphalt and seal coat surfacing for the City of Wylie. Very truly yours, APAC-TEXAS, INC. Texas Bitulithic Division 4 4 Stephen Koonce Division Vice President SK/tm 05/09/96 13:46 TX/RX NO.1901 P.001 City Council yip 4 Agenda Communication for May 28, 1996 Approval of an Administrative Services Agreement - Dev. Corp. Of Wylie Issue Discuss and consider approval of an Administrative Services Agreement for Accounting Services with the Development Corporation of Wylie, Inc. (DCW). Background The City currently enters accounting information, as provided by DCW staff, into the City's general ledger by preparing manual journal entries. This is a process which leads to duplication of some accounting activities, such as accounts payable and revenue receipt entries and bank reconciliations. During the audit of the 1994-95 fiscal year, the audit staff encouraged the City to further integrate the DCW accounting by processing accounts payable checks, payroll, revenue receipts, etc. The auditors believe DCW accounting could be done more efficiently by taking advantage of the automation which the city uses in accounting for all the other activities of the City. Council recently approved an Administrative Services Agreement for Director of Economic Development for the purposes of providing the benefits of City employment to the DCW Director. The agreement has provided for the automation of the DCW Director's payroll checks and related accounting and reporting through the City's current system. This proposed Accounting Administrative Services Agreement will lead to further automation of tasks related to the operations of the DCW, thereby, increasing efficiency for both entities. The DCW staff will no longer be required to perform specific accounting activities the City currently completes. Financial Considerations The City is currently processing DCW accounting information manually, therefore, there is no need for additional charges related to labor. A fee of$500 per year is recommended to compensate the City for the added costs of checks, purchasing forms, payroll forms and other supplies. Legal Considerations The Bylaws of the DCW establish the relationship between the corporation and the City. According to section 4.02 Number and Qualifications, the "Directors of the Corporation shall be appointed by and serve at the pleasure of the Wylie City Council. Section 6.02 Standing Committees specifies the Budget, Finance Audit Committee "shall present, in accordance with these Bylaws, said budget to the City Council". The ability of City departments to provide services (and be reimbursed for such services) is set forth in section 4.14 Board's Relationship with Administrative Departments of the City. Board/Commission Recommendation The Development Corporation of Wylie, in minutes recorded March 26, 1996, authorized Samuel Satterwhite, Executive Director, to execute this agreement. Staff Recommendation Staff recommends the Council authorize the City Manager to execute the Administrative Services Agreement for Accounting Services. Attachments Administrative Services Agreement for Accounting Services Minutes from March 26, 1996 Development Corporation of Wylie, Inc. Meeting 4 c. n -A Gam` Prepared by Finance Dir. App val City Mgr. Approval City of Wylie Development Corporation of Wylie, Inc. Administrative Services Agreement Accounting Services This Agreement, effective the 1st day of June, 1996, by and between the CITY OF WYLIE, a municipal corporation, situated in Collin County, Texas, acting by and through its City Manager, (hereinafter referred to as"City"), and the DEVELOPMENT CORPORATION OF WYLIE, INC. (hereinafter referred to as"DCW') acting by and through its Director of Economic Development and in accordance with the Development Corporation Act of 1979, as amended: WITNESSETH: I. That the City agrees to provide administrative support to the DCW as requested by the Executive Director of the DCW. The City agrees to provide administrative services including: 1. Payroll for the Director of Economic Development and any future employees to be paid by the DCW as contracted in the Administrative Services Agreement for Director of Economic Development. Check processing printing Payroll deposits 941, TEC and W-2 Reporting 2. Purchasing Order merchandise Provide bid and RFP process support 3. Accounts Payable Pay invoices as requested by DCW Issue 1099's at year-end as required by law 4. Cash Receipts Deposit Sales Tax revenue, Interest revenue and other income 5. Investments Invest idle cash as regulated by the Public Funds Investment Act of the State of Texas, the Bylaws of the DCW and the City's Investment Policy. City of Wylie Development Corporation of Wylie, Inc. Administrative Services Agreement-Accounting Services Page 2 6. Monthly Financial Reports Provide computer printouts of the general ledger and financial reports Provide investment reports II. The DCW agrees to: 1. Pay a nominal fee of$500 annually for the administrative services described in this agreement. This fee is to help cover the costs associated with the increased number of accounting transactions including but not limited to: checks, purchase orders, payment authorization requests, 1099 forms and other supplies. 2. Grant authority to the City to disburse funds on behalf of DCW when provided authorized purchase orders or payment requests from the Executive Director and/or Board of the DCW. III. Purpose: It is expressly understood by the City and DCW that DCW reserves and retains the right to hear all appeals of any issues which may arise under this agreement. It is the express purpose of this contract to have the City perform accounting duties and purchasing under direct authorization of the DCW Board and Director. IV. Termination: In accordance with this clause, this agreement may be terminated upon good cause by the City or DCW, in whole, or from time to time, in part, whenever such termination is in the best interest of the City or DCW. Termination shall be effective thirty (30) days after delivery of Notice of Termination specifying to what extent performance or work under the contract shall be terminated. City of Wylie Development Corporation of Wylie, Inc. Administrative Services Agreement-Accounting Services Page 3 V. Officials Not to Benefit: No public officials of the governing body of the City or DCW who exercise any functions or responsibilities in the revenues or the approval of the undertaking or carrying out of any activity hereunder, shall participate in any decision relating to the agreement which affects his personal interest, nor shall he have any personal or pecuniary interest direct or indirect in this agreement or proceeds thereof. WITNESS our hands to this AGREEMENT this day of , 1996. Development Corporation of Wylie, Inc. City of Wylie, Texas P.O. Box 1467 2000 Hwy 78 North Wylie, Texas 75098 Wylie, Texas 75098 Samuel Satterwhite Mike Collins Executive Director City Manager 05-20-96 10:43 AM P01 Minutes THE DEVELOPMENT CORPORATION OF WYLIE,INC. Tuesday,March 26, 1996 Board Members Presents Marvin Fuller Irene Messenger Kevin St, John J.G. Worley(departed at 7:00 p.m.) John Yeager Staff Present: Samuel Satterwhite,Executive Director Others Present: Brad Jacoby Bryan Vinson With notice of the meeting posted in time and manner required by law and a quorum of Board members present,the Board of Directors of the Development Corporation of Wylie, Inc. met in Regular Session on Tuesday, March 26, 1996 in the Chamber of Commerce Board Room at 108 W. Marble Street,Wylie,Texas. The meeting was called to order by President John Yeager at 6:00 p.m. ITEM NO. 1 - Discuss and Consider Approval of Minutes for the February 20, 1996 Regular Board of Directors Meeting of the Development Corporation of Wylie, Inc. Members of the Board requested that the February 20, 1996 minutes be amended to reflect which Board members made and seconded a motion. MOTION: A motion was made by Irene Messenger and seconded by Kevin St. John to approve the minutes for the February 20, 1996 Regular Board of Directors Meeting of the Development Corporation of Wylie, Inc. as amended. The DCW Board of Directors voted 4 -FOR and 0-AGAINST in favor of the motion. ITEM NO. 2 • Discuss and Consider Approval of Minutes for the March 6, 1996 Special Called Board of Directors Meeting of the Development Corporation of Wylie,Inc. Members of the Board requested that the March 6, 1996 minutes be amended to reflect which Board members made and seconded a motion. 05/20/96 10:31 TX/RX NO.1964 P.001 111 05-20-96 10: 43 AM P02 DCW-Minutes March 26, 1996 Page 2 MOTION; A motion was made by Irene Messenger and seconded by Kevin St. John to approve the minutes for the March 6, 1996 Regular Board of Directors Meeting of the Development Corporation of Wylie, Inc. as amended. The DCW Board of Directors voted 4 - FOR and 0 - AGAINST in favor of the motion. ITEM NO. 3 - Discuss and Consider Creating Spending Authority for Development Corporation of Wylie,Inc.Executive Director. In an effort to facilitate the daily operations of the DCW,the Board discussed creating a specified dollar amount for which the Executive Director would not be required to obtain two signatures from Board members. The Board felt comfortable in allowing staff to execute the financial obligations of the DCW up to$1,000. MOTION: A motion was made by Irene Messenger and seconded by Kevin St. John to create spending authority up to $1,000 for the Executive Director of the DCW. The DCW Board of Directors voted 4 - FOR and 0-AGAINST in favor of the motion. ITEM NO. 4 - Discuss and Consider Approval of Payment in the Amount of 595,449.50 to East Texas Construction Co.,Inc. for Work Completed in Premier Business Park. In discussions surrounding payment to East Texas Construction, staff informed the Board that Bodin Concrete officials had contacted the DCW and expressed concern that East Texas was forty-five days late in payment for concrete work performed. Being the second time a situation like this has arisen, the Board was concerned that payment would be made by the DCW and Bodin would not receive their funds, resulting in the potential filing of liens on improvements made to Premier Business Park. To address this concern, staff suggested that a time and place be arranged for Bodin, DCW and East Texas to meet and exchange payments and for the DCW to receive a lien release. MOTION: A motion was made by Kevin St. John and seconded by Irene Messenger to approve paymcnt in the amount of $95,449.50 to East Texas Construction Co. for work completed in Premier Business Park based upon the above stipulations. The DCW Board of Directors voted 4 - FOR and 0-AGAINST in favor of the motion. ITEM NO. 5 - Discuss and Consider Approval of Payment in the Amount of 56,945.99 to Professional Services Industries,Inc. for Work completed in Premier Business Park. At the request of the City of Wylie and based on building code requirements, compression testing on all concrete work was performed by Professional Services Industries, Inc. for said services. The Board was concerned that the DCW had not been advised that this work was being 05/20/96 10:31 TX/RX NO.1964 P.002 05-20-96 10:43 AM P03 DCW-Minutes March 26, 1996 Page 3 contracted for and that the provided invoices may include work performed on the Change Order initiated by the City of Wylie. The Board advised staff to further investigate these concerns. MOTION: A motion was made by Marvin Fuller and seconded by Kevin St. John to table this item until staff could further research this issue. The DCW Board of Directors voted 4 - FOR and 0 - AGAINST in favor of the motion. ITEM NO. 6 - Discuss and Consider Issues Surrounding the Financial Management of the Development Corporation of Wylie,Inc. Citing a recommendation by the firm which prepares the financial audit for the City of Wylie, staff proposed allowing the City of Wylie Finance Department to perform all financial activities for the DCW. Under this proposal, the DCW will be utilizing the professional accounting staff and accounting processes in place at the City of Wylie. In doing so, the DCW will place its operating account, currently held at Provident Bank, in American National Bank to be combined with the City of Wylie operating account. Staff assured the Board that this arrangement would be purely for convenience and would not hinder the ability of the DCW to make independent financial decisions. In addition, the check requests made to the City of Wylie Finance Department will provide an added layer of protection from inappropriately using DCW funds due to the request approval process. Staff informed the Board that this action would not effect the DCW Money Market Account currently held at American National Bank. These funds may remain at American National, be moved to Provident, or be combined with the City of Wylie funds in Texpool. The Board requested that staff perform further research on an investment policy and bring it to the Board as an action item at a future meeting. MOTION: A motion was made by Irene Messenger and seconded by Kevin St. John to authorize the Executive Director of the DCW to implement an agreement with the City of Wylie and City of Wylie Finance Department to manage the operating account of the DCW. The DCW Board of Directors voted 4 - FOR and 0 -AGAINST in favor of the motion. Board Member Fuller abstained from the vote due to his affiliation with American National Bank. ITEM NO. ?- Discuss and Consider Participating in the Wylie Independent School District Brick Program. Staff proposed to the DCW Board of Directors that the DCW participate in the Wylie Independent School District Brick Program. A $50 - $200 donation would provide the DCW with a commemorative brick to be placed at the entryway of the new high school. 05/20/96 10:31 TX/RX NO.1964 P.003 05-20-96 10:43 AM PO4 DCW-Minutes March 26, 1996 Page 4 MOTION: A motion was made by Kevin St. John and seconded by Marvin Fuller to participate in the Wylie Independent School District Brick Program in the amount of S200. The DCW Board of Directors voted 3 - FOR and 1 - AGAINST in favor of the motion. Board Member Messenger voted against the motion. ITEM NO.8-Discuss and Consider Issues Surrounding the Relocation of Project Alpha to Wylie. The DCW Board of Directors discussed many positive and negative aspects of the proposed incentives agreement between the DCW and Project Alpha officials. Although requested,Project Alpha officials have not provided a personal financial statement from Brad and Gayle Jacoby. Being that any incentive offered is proposed to be secured by a personal guaranty, Board members did not feel comfortable voting on this item prior to receiving this information. MOTION: A motion was made by Kevin St. John and seconded by Irene Messenger to table this item until the requested information was received from Project Alpha officials. The DCW Board of Directors voted 4 - FOR and 0 - AGAINST in favor of this motion. ITEM NO. 9 - Authorize John Yeager to Execute a Letter of Intent Between Project Alpha Officials and the Development Corporation of Wylie,Inc. MOTION: A motion was made by Kevin St. John and seconded by Irene Messenger to table this item until the requested information was received from Project Alpha officials. The DCW Board of Directors voted 4 - FOR and 0 - AGAINST in favor of this motion. ITEM NO. 10 - Discuss and Consider the Relationship Between the Development Corporation of Wylie,Inc. and the Wylie Chamber of Commerce in the Lease of 108 West Marble. Staff informed the DCW Board of Directors that the Wylie Chamber of Commerce pays 100%of the rent and utility bills for office space at 108 W. Marble, offices which the DCW currently shares with the Chamber of Commerce. Staff proposed that the DCW split all costs associated with the lease of office space at 108 W. Marble with the Wylie Chamber of Commerce. MOTION: A motion was made by Irene Messenger and seconded by Kevin St. John to split all costs associated with the lease of office space at 108 W. Marble. The DCW Board of Directors voted 4 - FOR and 0 - Against in favor of the motion. 05/20/96 10:31 TX/RX NO.1964 P.004 05-20-96 10:43 AM P05 DCW-Minutes March 26, 1996 Page 5 ITEM NO. 11 - Report on the Financial Status of the Development Corporation of Wylie, Inc. The Board requested that this item be brought to the Board for approval at the next meeting of the DCW Board of Directors and not simply and information item. MOTION: A motion was made by Marvin Fuller and seconded by Kevin St. John to table this item until the next meeting of the DCW Board of Directors. The DCW Board of Directors voted 4- FOR and 0-AGAINST in favor of this motion. ITEM NO. 12-Citizen Participation. Being no citizens present,the Board proceeded to Item No. 13. ITEM NO. 13-Staff Reports. Staff spoke briefly on several prospects the DCW is currently working with for possible relocation. Staff informed the Board that participation by the County for improvements to CR 297 has been secured and that the paperwork is being processed for the DCW to be reimbursed for $180,000. As well, the Board was pleased to learn that Savage Precision Fabrications has hired four new employees and has plans to hire several up to eight more employees over the next several months. ITEM NO. 14 - Adjourn. There being no further business, the meeting was adjourned at 9:55 p.m. John Yeager,President Attest: Samuel D.R. Satterwhite,Director 05/20/96 10:31 TX/RX NO.1964 P.005 Wylie City Council #5 Rg tnda Communication for May 28.. 1996 #'Iward Contract for the Texas Community Dvalop►ment Program Projects Issue Discuss and Consider award of the contract for the Texas Community Development Program (TCDP) water and wastewater project. Background This project consists of the replacement and upgrading of approximately 3,500 feet of water distribution mains, and about 7,800 feet of sanitary sewers with new pipe, fittings, manholes, service connections, and other related appurtenances. The average age of the infrastructure being replaced is approximately 40 years old. The project will serve about 78 water system customers and 210 sewer customers located in 14 areas within the City. An additional 2,200 feet of water main replacement serving 52 customers in 4 areas are included as alternate bid items. Existing water and sewer lines in these areas are undersized and/or deteriorating, resulting in service problems and requiring frequent maintenance. The general location of the proposed improvements and areas served is shown in the attached exhibit. Funding for the project is provided in the 1995 Bond Program with a total project amount of$513,050, which includes approximately $450,000 for construction. This budget projection was based on approximated quantities of work derived from overall City maps and other general information. As detailed design was being completed, projections indicated that construction cost would exceed the original Bond budget, principally due to two reasons: (1) the total length of water main and related appurtenances is about 38% greater than originally anticipated; and (2) construction costs for water and sewer rehabilitation have increased since the budget was prepared two years ago. The additional water main length is primarily due to variances between City map data on the actual size, location, and configuration of existing water mains. Much of the infrastructure being replaced was built in the 1950s and 1960s and the accuracy of the mapping at that time was apparently not to the standard by which we currently operate. These differences resulted in numerous, minor pipe extensions and alignment adjustments required to achieve a feasible, constructable connection of the new pipe to the existing pipe system. For example, there were many instances where the existing line to be connected to was found to be on the opposite side of the street. In other cases, physical constraints in the street right-of-way required placement of the new line across the street from the existing, requiring lateral pipe extensions to provide tie-ins at intersections. Anticipating the budget disparity, the engineer reviewed the project with Public Works staff and the City's Grant Administrator, and identified the least priority sections. The bid documents were then structured such that four selected water main segments (considered the lowest priority of all improvements) were bid separately as alternative bid items, and all other work was included as "base bid". This strategy was intended to allow the City the flexibility to adhere to the original 1995 Bond construction budget, or to award any or all "alternative" segments. The project was submitted for grant funding through the Texas Department of Housing and Community Affairs (TDHCA)for several successive years, and the City was finally successful with a grant awarded in 1995. Work on the project was initiated subsequent to the City/TDHCA contract agreement dated July 1, 1995. The agreement identifies a construction budget of$482,870, and stipulates that work is to be completed by June 30, 1997. The fact that the actual bid for the projects exceeds the grant budget, does not increase the $250,000 grant amount awarded to the City. It simply means that the City pays the increase in costs. A total of 12 sealed bids were opened and read aloud on May 2, 1996. Various mathematical errors resulted in a shifting of bid rank from the apparent status at opening. The lowest base bid and total bid (including all alternatives) was submitted by Z&S Construction Company from Dallas. The engineer has reviewed Z&S qualifications and references, and finds them qualified for award of the contract. A copy of the bid tabulation is attached for reference. In order to incur the least amount of confusion and inconvenience to the property owners, the contractor(s) will be required to comply fully with the terms and conditions as specified in the Contract documents. These items will be addressed at the preconstruction meeting and required of the contractor(s): 1. Submit a detailed construction sequence plan including traffic control and project schedule for review by the Engineer and Staff. The traffic control plan must allow access to all businesses and properties adjacent to the project at all times. 2. Coordinate through City Staff a meeting with the adjacent businesses and property owners to discuss the proposed plan and schedule and make adjustments if necessary. 3. Prepare a form letter of notification to be used to inform affected businesses of any construction related activities which may affect access. This letter must be reviewed by staff prior to issuance. 4. Deliver letter of notification to affected parties 48 hours in advance of specified construction activity. A copy must be simultaneously submitted to the City and Engineer. 5. Notify the City's Inspector as soon as possible as to any changes or problems which may affect the progress of the project. 6. Prepare the monthly pay request and review it with the City Inspector prior to submittal to the Engineer for further processing. 7. Coordinate with Staff and the Engineer monthly progress meetings to be held at the site to review monthly progress and discuss any changes or problems. 8. Fully comply with all other aspects of the Contract Documents. Board Recommendations N/A Financial Considerations The estimated construction costs for the grant projects as presented in the 1995 Bond budget was $449,750. Bids received for these projects total $542,974. The increase of $93,224 in budgeted vs bid costs is due to inflation (since the budget was prepared prior to March 1995) and changes in engineering specifications. The following table shows budget amounts compared to the bid amounts. Budget Bid Amount Variance Over(Under) Budget Water Projects $ 98,945 $ 231,849 $ 132,904 Sewer Projects 350,805 311,125 (39,680) CONSTRUCTION TOTAL $ 449,750 $ 542,974 $ 93,224 Engineering (Not part of this bid) 63,300 63,300 0 TOTAL GRANT/BOND $ 513,050 $ 606,274 $ 93,224 PROJECTS The bond proceeds allocated to this group of projects is $513,050. The total contract price of the projects is $606,274. With the $250,000 from the grant, the City will effectively free-up $157,000 of bond funds for other utility projects. The following table shows the proportion of water to sewer project costs as originally budgeted compared to the current proportion of the same projects. These changes are due to needs that were not determined until engineering specifications were completed. Original Budget % Bid % Change Water 22% 43% 95% Increase Sewer 78% 57% 27% Decrease 100% 100% Legal Considerations N/A Staff Recommendations A recommendation letter from the Hogan Corporation is attached. Given that all of the work is considered necessary and was included in the Bond Program, and considering that adequate funds are available to construct all improvements, staff and the engineer recommend award of the total project, including alternatives, to Z&S Construction Company, Incorporated for their low bid of $542,973.50. Attachments 1) Bid Tabulation 2) Letter of recommendation for award of contract from the Hogan Corporation. 3) Project Location Map 1}(161 77----W7144 rMititt. CAW* Prepared By Finance Dept. A oval City Mgr. Approval THE HOGAN CORPORATION Engineers • Planners • Consultants May 17, 1996 Honorable Mayor and Councilmembers City of Wylie P. O. Box 428 Wylie, Texas 75098 Attention: Mike Collins, City Manager Re: TCDP Water and Sewer Improvements THC#002-28.40 Dear Mr. Collins: On May 2, the City received and publicly opened a total of fourteen bids for the referenced project. At the time of bid opening, two of the bids appeared to be incomplete due to improper documentation, and these bids were not read aloud. All bids were subsequently reviewed for completeness and accuracy. Several of the bids contained mathematical errors in the extension and/or summation of line items. Significant errors were found in the initially (at the time of opening)apparent low bid which resulted in a change in the final ranking of bidders. A copy of the bid tabulation is attached for your review and reference. The lowest bid was submitted by Z&S Construction Company, Incorporated in the amount of $446,784.50 for base bid work, with a total bid including alternatives of$542,973.50. We solicited qualification information from Z&S and contacted their references. We have not obtained any information that would indicate Z&S is incapable of performing the work. Funding for this project is provided by a combination of 1995 Bond Program funds and a grant from the Texas Department of Housing and Community Affairs (TDHCA). The City/TDHCA contract for this project identifies a construction budget of$482,870, of which $250,000 is grant. The bid documents were structured such that four selected water main segments were bid separately as alternative bid items, and all other work was included as "base bid". This strategy was intended to allow the City the flexibility to limit the award to the grant construction budget, or to also award any or all alternative segments. Additional funding appears to be available through the Bond Program, as initial project budgeting, while less than the actual total construction cost, assumed full funding by the City with no grant. ' Member, Consulting Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620 tVe Member, American Consulting Engineers Council North Dallas Bank Tower Dallas, Texas 75230 TEL: (214)392-4600 FAX: (214)490-7163 In summary, we hereby recommend award of TCDP Water and Sewer Improvements to Z&S Construction Company, Incorporated for their low base bid amount of$446,784.50. We further recommend award of all alternative waterline segments (items A, B, C, and D) to Z&S for a total contract amount of$542,973.50. Upon your approval of the above, we will prepare construction contract documents for execution by the City and contractor. We appreciate this opportunity to provide engineering services to the City of Wylie, and look forward to presenting the details of this bid to City Council. Very truly yours, THE HOGAN CORPORATION AL arty K. n, P.E. Vice President enclosures cc: Lee Lawrence, Southwest Consultants City of Wylie BID TABULATION SUMMARY TCDP Water Sewer Improvements Alternate Bid Waterline Sections Total Base Bid Alley Between Keefer& Oak from Cotton belt to Second from Marble to Along First from Butler to Bidder Cottonbelt from Marble to Birmingham Brown 300'South of Butler Grand Total Water&Sewer Jefferson Z&S Construction $446,784.50 $18,970.00 $25,664.00 $31,075.00 $20,480.00 $542,973.50 XIT Paving & Construction $469,414.20 $17,891.00 $28,579.20 $32,036.40 $20,099.00 $568,019.80 Barson Utilities $515,555.00 $18,130.00 $35,510.00 $30,650.00 $19,040.00 $618,885.00 Moss Construction $522,904.00 $20,056.00 $30,436.00 $34,008.00 $17,973.00 $625,377.00 BCI Utility Construction $525,360.00 $19,960.00 $36,790.00 $26,720.00 $17,870.00 $626,700.00 East Texas Construction $531,385.00 $22,746.00 $33,185.00 $33,982.00 $20,140.00 $641,438.00 Quantum Construction $611,947.12 $27,392.18 $40,372.50 $46,578.05 $21,597.00 $747,886.85 Mid-State Utility $628,530.00 $24,740.00 $35,220.00 $40,910.00 $28,290.00 $757,690.00 Camino Construction $630,477.00 $27,044.80 $54,188.00 $45,246.30 $32,060.00 $789,016.10 Telcom of Texas, Inc. $635,617.03 $24,906.00 $34,025.00 $35,420.00 $26,497.50 $756,465.53 J.C. Evans Construction $657,430.00 $20,090.00 $34,186.00 $35,460.00 $24,640.00 $771,806.00 Saber Development Corp. $673,075.00 $24,610.00 $37,585.00 $40,930.00 $25,945.00 $802,145.00 Four D Construction $683,252.00 $19,800.00 $30,285.00 $41,227.00 $27,272.00 $801,836.00 002-28.40 Page 1 5/17/96 IIII �� .-- ■ rdiI I ;. 2 - 1li%ia■ ice„ .�. City �it1'litS 1. /Yloussa - _N ' ;ice 4 _ --- - 1 I -' � i e4- f 40 el-. :1�;! 11 it I �--1 ,1U� , - i 0 4 1 : 2. !-lal rd a y �_; terraceVII 7411611111.0 iit+i�i�� {fir fy '� �� -r. pi ow &mai.1„,A liallial . 1 • rid. sou->'-�slde /Jt�� + ��*�!, I!! ;iE1J'J !! a i a 4. JM Sutler - ,; `--j►wea;, t f '� i ' J�; =i is i-4=,.s.,. �"=:r z �� 41 takiMilligill II WI 4 rill..-7 '=7"C I .. A IIIII '-' h , .1 P - >- • 7. �ali 1 road r ■ own Nt I< „)fz,.�`f .rttttt� P,,,.�t iiiir ti rm g I;in , � � li S. 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Xi o idf1► aigm ;(•,, - tar: _1 f , i_, F ! - ifs• ," �►� W riot h -__Iffiinr #fit i4-#‘4,- % -111-1* , � ` iiiiiir yi cz 9661 6S 16a :OS 6 keW ncal SVE1308N1\82\ZQQ-1AM\Sj3rOdd\ Z00/Z0021 HD Rid-3I'IIM fF- 'd2i0D NTV'90H MIL COIL 06tr 'TZ$ ZO:60 96/'T/9.0 Wylie City Council O,ganda Communication for May 28, 1996 Approval of Change Order No. 1 and Final Payment for Part of the 20" Water Issue Discuss and Consider issuing Change Order No. 1 and final acceptance of the construction of the 20"Water Main along FM 544 from Westgate Way to FM 1378 (Part A), and provide authorization for final payment to J & R Concrete & Utility Contracting in the amount of $36,346.62. Background J & R Concrete & Utility Contracting was awarded the contract for the construction of the 20" Water Main along FM 544 from Westgate Way to FM 1378 (Part A) at the January 9, 1996 City Council Meeting. Construction began on January 22, 1996, and was substantially completed within the allotted contract time. A final walk through was conducted by City Staff and members of The Hogan Corporation on Monday, April 22, 1996. Change Order No. 1 is required to adjust the contract quantities to reflect the actual quantities installed on the project, as well as the addition of several items required for the job which were not part of the original contract. The additional items were added during construction to make field adjustments to the project due to field conditions. An itemized list, including costs, was submitted by the contractor and is attached. The original Bond Construction cost projection for this project was $374,040 and the bid price on the project was $299,327.45. The actual total cost for the project, including over and underruns in quantities and Change Order No. 1 is $303,477.17. The final contract amount of$303,477.17 is approximately 1% over the original bid amount, but is 19% under the Bond Budget ($70,563). Acceptance will initiate the one-year warranty period in which the contractor is liable for any repairs which may be required in that time period. A provision in the contract provides that the warranty period begins on the date of final acceptance by the City. Board Recommendations N/A Financial Considerations This project was financed through funds from the 1995 Bond Package. The original contract amount was for$299,327.45. The final contract amount is $303,477.17. The difference is due to variations in the quantity of work actually performed, primarily related to field changes. The final contract amount is 19% under the original Bond Construction cost projection, or $70,563.00. Legal Considerations N/A Staff Recommendations Staff recommends final acceptance of the project and final payment to J & R Concrete & Utility Contracting. The contractor has satisfactorily fulfilled the terms of the contract. Attachments Change Order No. 1, final pay estimate and recommendation letter from the Hogan Corporation. > _ eadifritv Prepared B Finance Dept. royal City Mgr. Approval 05/23/96 11:14 '0214 490 7163 THE HOGAN CORP. -»-, WYLIE-PRICE Z 002/005 THE IH1OGAN CORPORATION Engineers • Planners • Consultants May 22, 1996 Mr. Mike Collins, City Manager City of Wylie 2000 Hwy. 78 North Wylie, TX 75098 RE: Part A -20-inch Water Transmission Main Along FM 544 from FM 1378 to Westgate Way THC Job No.: 002-24.42 Dear Mr. Collins: A final walk-through observation was conducted on the above referenced project on April 22, 1996. Present at this meeting were representatives from the City of Wylie, The Hogan Corporation, and J&R Concrete and Utilities Contracting. The contractor has performed the work as shown on the plans and specifications satisfactorily and no deficiencies have been identified. In order to finalize the contract, The Hogan Corporation has prepared Change Order No. 1 to account for the variations in contract quantities, as well as additional items required during construction. Change No_ 1 is endosed for your review and execution. The Hogan Corporation hereby recommends that the City of Wylie accept this project as complete. With approval of Change Order No. 1, The Hogan Corporation recommends the City authorize final payment in the amount of$36,346.62, bringing the final contract amount to $303,477.17. Should you concur with our recommendation for Change Order No. 1 and final payment, please execute the four(4) enclosed copies of Change Order No. 1 and the final pay request from J&R, keep two copies for your files, send one copy to The Hogan Corporation, and mail one copy along with a check in the amount of$36,346.62 to J&R Concrete and Utilities Contracting to P.O. Box 1300, Rowlett, TX 75088. We sincerely appreciate the opportunity to assist you on this project. Please give us a call if you have any questions or comments. Yours very truly, THE HOGAN CORPORATION 44....-- •1 /2 rego rat"' , MacLean, P.E. Vice President Enclosures r;t I Member, Consulting Engineers Council of Texas 12900 Preston Road at BJ, Suite S20 volt: Member,American Consulting Engineers Council North Dallas Sank Tower Dallas, Texas 75230 TEL:(2141392-4600 FAX:1214)490-7163 05/23/96 11:15 12214 490 7163 THE HOGAN CORP. -*-- WYLIE-PRICE [6009/005 APPLICATION FOR PAYMENT Final Owner. City of Wylie For Period From: March 22. 1996 To; April 22, 1995 Project Name: 24-Inch Water Main Along FM544 from FM137B to Westgate Way(Part Al Owner's Project No.: Engineer's Project No.: 002-24.42 Contractor: J&R Concrete&Utility Contracting Address: P.O.Box 1300 Rowlett,TX 75088 CONTRACT AMOUNT CONTRACT TIME Pert A Amount of Contract Pie Awarded: 8299,327,45 Contract Date: January 9, 1986 Change Orders; Start Date: January 24, 1996 #1 $4.149.72 Time Allotted; 90 cal.days #2 Time Extensions: 0 cal.days 03 Revised contract Time: 90 cal_days #4 Elapsed; 89 cal.days #5 %Time Elapsed; 98.89% #6 Remaining: 1 cal.days Total Change Orders: $4,149.72 I Total Adjusted Contract: 8303,477.17 Part 8 Contract Date: January 9. 1996 Start Date: Time Allotted: 120 cal.days Time Extensions: 0 cal,days Revised Contract Tune; 120 cal.days Elapsed: cal.days %Time Elapsed: 0,00% Remaining; 120 q411•days ESTMMATE SUMMARY Amount Completed to Date-Part A(see Attachment Al; 5303.477.17 Amount CompWted to Oats-Pent 9(sae Attachment B): $0.00 Total Amount Completed to Date(Part A&Part WI $303,477.17 Materiel en Nand(see attached): $0.00 PROJECT TOTAL TO DATE: 100,00% $308,477.17 Less 0% Retainage: s0.00 Less Previous Payments: $267,130.66 Total Deductions: 8267.130.55 1$267.1 30,551 TOTAL AMOUNT DUE THIS ESTIMATE; *36.346.62 Requested: Recommended: tt Approved: N • _ , r dl By; • By: Date: Date: bke. Date: Contractor Engineer Owner 5/23/96 Page 1 APL-PMT-Final ■ CHANGE ORDER No. 1 PROJECT: Part A - 20-inch Water DATE OF ISSUANCE: May 22, 1996 Transmission Main Along FM 544 from FM 1378 to Westgate Way OWNER: City of Wylie OWNER'. Project No. 2000 Hwy. 78 North Wylie, TX 75098 CONTRACTOR: J&R Concrete and Utilities ENGINEER: The Hogan Corporation Contracting 12900 Preston Road, Suite 620 P.O. Box 1300 Dallas, Texas 75230 Rowlett, TX 75088 ENGINEER'. Project No. THC No. 002-24.42 Description: Additional materials and labor required to adjust two (2) fire hydrants and pipe connections at Westgate Way due to field conditions and over/under runs in contract quantities. Purpose of Change Order: Adjust contract to account for additional labor and materials required. Attachments: Attachment A CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $ 299,327.45 60 cal days substantial/90 cal days final days or date Previous Change Orders No. to No. _ Net change from previous Change Orders $ 0 0 days Contract Price prior to this Change Order Contract Time Prior to this Change Order $ 299, 327.45 60 cal days substantial/90 cal days final days or date Net Increase (decrease) of this Change Order Net Increase (decrease) of this Change Order , $ 4, 149.72 0 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 303,477.17 60 cal days substantial/90 cal days final days or date RECOMMENDED: APPROVED: APPROVED: by ---::$ :;:—llh` by by Gre ry S. MacLean, P.E. Mike Collins, City Manager Ronny Ross The Hogan Corporation City of Wylie J&R Concrete and Utilities Cn Contracting DATE: L , DATE: DATE: City of Wylie Part A - 20-Inch Water Transmission Main Along FM 544 from FM 1378 to Westgate Way PROGRESS ESTIMATE-Final Attachment A Contract Unit Qty.Completed Amount Completed Qty.Completed Amount Completed Qty.Completed Amount Completed Item S Description Est.Qty. Unit Price Previously Previously This Month This Month to Date to Date 1 DR-25 20"PVC,C-905 Water Line 5,395 L.F. $36.06 5195 $187,331.70 228 $8,221.68 5423 $195,553.38 2 DR-18 12"PVC,C-900 Water Line 620 L.F. $17.63 620 $10,930.60 40 $705.20 660 $11,835.80 3 DR-18 8"PVC,C-900 Water Line 300 L.F. $13.28 0 $0.00 312 $4,143.38 312 $4,143.36 4 Bore and Jack,30"Steel Casing 115 L.F. $163.33 115 $18,782.95 5 $816.65 120 $19,599.60 5 30"Steel Casing(Open Cut) 40 L.F. $45.00 40 $1,800.00 12 $540.00 52 $2,340.00 6 Bore and Jack,20"Steel Casing 60 L.F. $126.66 60 $7,599.60 6 $759.96 66 $8,359.56 7 20"Steel Casing(Open Cut) 40 L.F. $35.08 40 $1,403.20 6 $210.48 46 $1,613.68 8 6"Blow-off Valve 1 Ea. $8,900.00 1 $8,900.00 0 $0.00 1 $8,900.00 9 20"Butterfly Valves 11 Ea. $2,220.00 10 $22,200.00 1 $2,220.00 11 $24,420.00 10 12"Gate Valve 2 Ea. $765.00 2 $1,530.00 0 $0.00 2 $1,530.00 11 2"Air Relief Valve 1 Ea. $1,300.00 1 $1,300.00 0 $0.00 1 $1,300.00 \12 Fire Hydrant Assemblies 11 Ea. $1,404.00 10 $14,040.00 1 $1,404.00 11 $15,444.00 13 2000 psi Concrete Encasement 54 C.Y. $60.00 54 $3,240.00 0 $0.00 54 $3,240.00 14 Trench Safety System 6,125 L.F. $0.40 5815 $2,326.00 310 $124.00 8125 $2,450.00 15 Rehabilitation of Existing 14"Valve 1 L.S. $5,000.00 0 $0.00 0 $0.00 0 $0.00 Adjustment Due to Change Order No. 1 1 Ea. $4,947.79 0 $0.00 1 $4,947.79 1 $4,947.79 Total Amount Completed to Date $279,384.05 $24,093.12 $303,477.17 THC 002-24.20 J & R Concrete & Utility Contracting P.O. Box 1300 Rowlett, Tx. 75088 April 20, 1996 Gregroy S. MacLean, P.E. The Hogan Corporation 12900 Preston Road, Suite 620 Dallas, Texas 75230 Re: City of Wylie, Tx 20" Water Main along FM 544 from FM 1378 to Westgate Way Part A THC #002-24.20 Dear Mr. MacLean: The following pages are extra work that need to be added on original contract amount. Very truly yours, Ronny Ross 1) Labor and Material to install 6400 L/F of tracer cable as outlined by City of Wylie and State Inspector, for the sum total of 6400 x .12 L/F $ 768.00 2) Raised 2 each fire hydrants north side of FM 544. Fire hydrants moved from behind curb as shown on plans toward right-of-way. Change made by City of Wylie Inspector and Greg MacLean, Engineer over project for the sum total of 1,149.24 3) Labor to install 28 UF of DR-25 20" PVC C905 water line added to base bid for the sum total of 28 L/F x 36.06 1,009.68 4) Labor to install 40 L/F of DR-18 12" PVC C900 water line added to base bid for the sum total of 40 UF x 17.63 705.20 5) Labor to install 12 OF of DR-18 8" PVC C900 water line added tp base bid for the sum total of 12 L/F x 13.28 159.36 6) Due to the angle of North Texas' water main, an extra 5 L/F of 30" bore and jack was installed for clearance under lines for the sum total of 5 L/F x 163.33 816.65 7) 20" bore and jack under Sanden Blvd. increased by 12 L/F due to 36" storm sewer located 10 L/F from back of curb on west side of roadway for the sum total of 6 L/F x 126.66 759.96 8) 20" open cut under FM 544 at Westgate Way increased by State Inspector by 6 L/F for the sum total of 6 L/F x 35.08 210.48 9) 30" open cut under FM 544 at Sanden Blvd. increased by State Inspector by 12 L/F for the sum total of 12 L/F x 45.00 540.00 10) Due to the fact that 20" bore at Westgate Way and FM 544 was relocated by State Inspector, the following is a list of materials and labor to complete changes made: A) We lost A 20" x 12" reducer, 2 each M.J. accessory packs, 1 each M.J. 12" accessory pack, labor to assemble and disassemble reducer into 20" cross. B) Extra material ordered to plug 20" cross. 1 each 20" plug, 1 each 20" accessory pack and labor for installation of plug. C) To connect 12" pipe to 20" main at new location of 20" bore on FM 544 and Westgate Way extra material included. 1 each 20 x 20 x 12" tee, 2 each 20" accessory packs, 1 each 12" accessory pack, 1 yard of 3000 psi concrete and labor for installation for the sum total of 3,031.15 Item #2 Fire Hydrant#1 Labor 155.10 Materials 246.00 Equipment 26.29 427.39 20% OH & P 512.87 Fire Hydrandt#2 Labor 155.10 Materials 349.00 Equipment 26.29 530.39 20% OH & P 636.37 Item #10 A) Materials: 20 x 12 " Reducer 460.00 2 each MJ 20" accessory packs 150.24 1 each MJ 12" accessory pack 15.84 Assembly & Labor 77.55 Disassembly & Labor 62.04 Equipment 26.29 791.96 20% OH & P 950.35 B) Materials: 1 each 20" Plug 270.00 1 each 20" accessory pack 75.12 Labor to assemble 31.02 Equipment rental 26.29 402.43 20% 482.92 C) Materials: 1 each 806.00 2 each 150.24 1 each 15.84 1 yard 3000 psi concrete 109.00 Equipment rental 26.29 Frt. 42.29 Labor 217.14 1,366.80 20% 1,597.87 WylieCity Council 7 Ogando Communication for May 28. 1996 tppointing 'Two Board Members to Development Corporation of Wylie Issue Discuss and consider appointing two (2) Board members to the Development Corporation of Wylie. Background The Development Corporation is a non-profit corporation which was formed in 1990 in association with the passage of the 4A Sales Tax election, for the purpose of promoting and developing industrial and manufacturing enterprises, and to promote and encourage employment and the public welfare. The Board may issue Bonds on behalf of the City of Wylie for the above mentioned purposes. The Board of Directors of the Development Corporation is made up of five (5) members appointed by Council. According to the By-Laws of the Development Corporation, each Director shall meet at least one (1) of the following qualifications: (a) Serve, or have served, as Chief Executive Officer of a company; or (b) Serve, or have served, in a position of executive management of a company; or (c) Serve, or have served, in a professional capacity; or (d) Have experience equivalent to any of the above qualifications. (e) Each Director must have lived in the City Limits or operated a business in the City Limits for a minimum of one (1) year. (f) Each Director must live in the City Limits during the tenure of office. The terms of the Board are for three (3) years, and no member shall serve more than two (2) consecutive. Board members Irene Messenger and Marvin Fuller terms expire this month; both have indicated that they would be willing to serve a second term. The City Secretary has also received the following names for consideration: Merrill Young, Ray Turner, Raymond Cooper and James A. Smith. Financial Considerations N/A Legal Considerations The Board is a non-profit Corporation, per the State of Texas Non-Profit Corporation Act. The Board is also governed by the Development Corporation Act of 1979, Section 4A, as amended. All meetings of the Corporation are in accordance with Vernon's 6252-17 et. seq. Board/Commission Recommendation N/A Staff Recommendation N/A Attachment N/A 11.\j/1/4Q-, e-45444:15 Prepare By Finance Dept. Ap vaI City Manager Approval